Public Law 115-232 — 132 Stat. 1636 — John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Aug. 13, 2018)
Summary
Public Law 115–232, the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (H.R. 5515), was enacted August 13, 2018 to authorize fiscal year 2019 appropriations for Department of Defense military activities, military construction and Department of Energy defense activities, and to prescribe military personnel strengths. The act is organized into four divisions: Department of Defense authorizations, military construction authorizations, Department of Energy national security and other authorizations, and funding tables. Title XVII, on review of foreign investment and export controls, contains the Foreign Investment Risk Review Modernization Act of 2018 for the Committee on Foreign Investment in the United States and a subtitle on export control reform.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
Pages 1–254 of 789 are shown. The rest of this document is too long to show here; the original PDF has the complete text.
PUBLIC LAW 115–232—AUG. 13, 2018
JOHN S. MCCAIN NATIONAL DEFENSE
AUTHORIZATION ACT FOR FISCAL YEAR 2019
dkrause on DSKBC28HB2PROD with PUBLAWS
★ (Star Print)
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00001 Fmt 6579 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1636 PUBLIC LAW 115–232—AUG. 13, 2018
Public Law 115–232
115th Congress
An Act
To authorize appropriations for fiscal year 2019 for military activities of the Depart-
Aug. 13, 2018 ment of Defense, for military construction, and for defense activities of the Depart-
[H.R. 5515] ment of Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
John S. McCain the United States of America in Congress assembled,
National Defense
Authorization SECTION 1. SHORT TITLE.
Act for Fiscal (a) IN GENERAL.—This Act may be cited as the ‘‘John S. McCain
Year 2019.
National Defense Authorization Act for Fiscal Year 2019’’.
(b) REFERENCES.—Any reference in this or any other Act to
the ‘‘National Defense Authorization Act for Fiscal Year 2019’’ shall
be deemed to be a reference to the ‘‘John S. McCain National
Defense Authorization Act for Fiscal Year 2019’’.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) DIVISIONS.—This Act is organized into four divisions as
follows:
(1) Division A—Department of Defense Authorizations.
(2) Division B—Military Construction Authorizations.
(3) Division C—Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D—Funding Tables.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization Of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B—Army Programs
Sec. 111. National Guard and reserve component equipment report.
Sec. 112. Deployment by the Army of an interim cruise missile defense capability.
Subtitle C—Navy Programs
Sec. 121. Procurement authority for Ford class aircraft carrier program.
Sec. 122. Full ship shock trial for Ford class aircraft carrier.
Sec. 123. Sense of Congress on accelerated production of aircraft carriers.
Sec. 124. Multiyear procurement authority for standard missile–6.
Sec. 125. Multiyear procurement authority for E–2D aircraft.
dkrause on DSKBC28HB2PROD with PUBLAWS
Sec. 126. Multiyear procurement authority for F/A–18E/F aircraft and EA–18G air-
craft.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00002 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1637
Sec. 127. Modifications to F/A–18 aircraft to mitigate physiological episodes.
Sec. 128. Frigate class ship program.
Sec. 129. Contract requirement for Virginia class submarine program.
Sec. 130. Prohibition on availability of funds for Navy port waterborne security bar-
riers.
Sec. 131. Extension of limitation on use of sole-source shipbuilding contracts for
certain vessels.
Sec. 132. Limitation on availability of funds for M27 Infantry Automatic Rifle pro-
gram.
Sec. 133. Report on degaussing standards for DDG–51 destroyers.
Subtitle D—Air Force Programs
Sec. 141. Inventory requirement for air refueling tanker aircraft; limitation on re-
tirement of KC–10A aircraft.
Sec. 142. Multiyear procurement authority for C–130J aircraft program.
Sec. 143. Contract for logistics support for VC–25B aircraft.
Sec. 144. Retirement date for VC–25A aircraft.
Sec. 145. Repeal of funding restriction for EC–130H Compass Call Recapitalization
Program.
Sec. 146. Limitation on use of funds for KC–46A aircraft pending submittal of cer-
tification.
Sec. 147. Limitation on availability of funds for retirement of E–8 JSTARS Aircraft.
Sec. 148. Report on modernization of B–52H aircraft systems.
Subtitle E—Defense-wide, Joint, and Multiservice Matters
Sec. 151. Procurement authority for additional icebreaker vessels.
Sec. 152. Buy-to-budget acquisition of F–35 aircraft.
Sec. 153. Certification on inclusion of technology to minimize physiological episodes
in certain aircraft.
Sec. 154. Armored commercial passenger-carrying vehicles.
Sec. 155. Quarterly updates on the F–35 Joint Strike Fighter program.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Modification of authority to carry out certain prototype projects.
Sec. 212. Extension of directed energy prototype authority.
Sec. 213. Prohibition on availability of funds for the Weather Common Component
program.
Sec. 214. Limitation on availability of funds for F–35 continuous capability develop-
ment and delivery.
Sec. 215. Limitation on availability of funds pending report on agile software devel-
opment and software operations.
Sec. 216. Limitation on availability of funds for certain high energy laser advanced
technology.
Sec. 217. Plan for the Strategic Capabilities Office of the Department of Defense.
Sec. 218. National Defense Science and Technology Strategy.
Sec. 219. Modification of CVN–73 to support fielding of MQ–25 unmanned aerial
vehicle.
Sec. 220. Establishment of innovators information repository in the Department of
Defense.
Sec. 221. Strategic plan for Department of Defense test and evaluation resources.
Sec. 222. Collaboration between Defense laboratories, industry, and academia; open
campus program.
Sec. 223. Permanent extension and codification of authority to conduct technology
protection features activities during research and development of de-
fense systems.
Sec. 224. Codification and reauthorization of Defense Research and Development
Rapid Innovation Program.
Sec. 225. Procedures for rapid reaction to emerging technology.
Sec. 226. Activities on identification and development of enhanced personal protec-
tive equipment against blast injury.
Sec. 227. Human factors modeling and simulation activities.
Sec. 228. Expansion of mission areas supported by mechanisms for expedited access
to technical talent and expertise at academic institutions.
Sec. 229. Advanced manufacturing activities.
Sec. 230. National security innovation activities.
dkrause on DSKBC28HB2PROD with PUBLAWS
Sec. 231. Partnership intermediaries for promotion of defense research and edu-
cation.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00003 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1638 PUBLIC LAW 115–232—AUG. 13, 2018
Sec. 232. Limitation on use of funds for Surface Navy Laser Weapon System.
Sec. 233. Expansion of coordination requirement for support for national security
innovation and entrepreneurial education.
Sec. 234. Defense quantum information science and technology research and devel-
opment program.
Sec. 235. Joint directed energy test activities.
Sec. 236. Requirement for establishment of arrangements for expedited access to
technical talent and expertise at academic institutions to support De-
partment of Defense missions.
Sec. 237. Authority for Joint Directed Energy Transition Office to conduct research
relating to high powered microwave capabilities.
Sec. 238. Joint artificial intelligence research, development, and transition activi-
ties.
Subtitle C—Reports and Other Matters
Sec. 241. Report on survivability of air defense artillery.
Sec. 242. T–45 aircraft physiological episode mitigation actions.
Sec. 243. Report on efforts of the Air Force to mitigate physiological episodes affect-
ing aircraft crewmembers.
Sec. 244. Report on Defense Innovation Unit Experimental.
Sec. 245. Modification of funding criteria under Historically Black Colleges and
Universities and minority institutions program.
Sec. 246. Report on OA–X light attack aircraft applicability to partner nation sup-
port.
Sec. 247. Reports on comparative capabilities of adversaries in key technology
areas.
Sec. 248. Report on active protection systems for armored combat and tactical vehi-
cles.
Sec. 249. Next Generation Combat Vehicle.
Sec. 250. Modification of reports on mechanisms to provide funds to defense labora-
tories for research and development of technologies for military mis-
sions.
Sec. 251. Briefings on Mobile Protected Firepower and Future Vertical Lift pro-
grams.
Sec. 252. Improvement of the Air Force supply chain.
Sec. 253. Review of guidance on blast exposure during training.
Sec. 254. Competitive acquisition strategy for Bradley Fighting Vehicle trans-
mission replacement.
Sec. 255. Independent assessment of electronic warfare plans and programs.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B—Energy and Environment
Sec. 311. Explosive Ordnance Disposal Defense Program.
Sec. 312. Further improvements to energy security and resilience.
Sec. 313. Use of proceeds from sales of electrical energy derived from geothermal
resources for projects at military installations where resources are lo-
cated.
Sec. 314. Operational energy policy.
Sec. 315. Funding of study and assessment of health implications of per- and
polyfluoroalkyl substances contamination in drinking water by agency
for toxic substances and disease registry.
Sec. 316. Extension of authorized periods of permitted incidental takings of marine
mammals in the course of specified activities by Department of Defense.
Sec. 317. Department of Defense environmental restoration programs.
Sec. 318. Joint study on the impact of wind farms on weather radars and military
operations.
Sec. 319. Core sampling at Joint Base San Antonio, Texas.
Sec. 320. Production and use of natural gas at Fort Knox, Kentucky.
Subtitle C—Logistics and Sustainment
Sec. 321. Authorizing use of working capital funds for unspecified minor military
construction projects related to revitalization and recapitalization of de-
fense industrial base facilities.
Sec. 322. Examination of Navy vessels.
Sec. 323. Limitation on length of overseas forward deployment of naval vessels.
Sec. 324. Temporary modification of workload carryover formula.
dkrause on DSKBC28HB2PROD with PUBLAWS
Sec. 325. Limitation on use of funds for implementation of elements of master plan
for redevelopment of Former Ship Repair Facility in Guam.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00004 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1639
Sec. 326. Business case analysis for proposed relocation of J85 Engine Regional Re-
pair Center.
Sec. 327. Report on pilot program for micro-reactors.
Sec. 328. Limitation on modifications to Navy Facilities Sustainment, Restoration,
and Modernization structure and mechanism.
Subtitle D—Reports
Sec. 331. Reports on readiness.
Sec. 332. Matters for inclusion in quarterly reports on personnel and unit readi-
ness.
Sec. 333. Annual Comptroller General reviews of readiness of Armed Forces to con-
duct full spectrum operations.
Sec. 334. Surface warfare training improvement.
Sec. 335. Report on optimizing surface Navy vessel inspections and crew certifi-
cations.
Sec. 336. Report on depot-level maintenance and repair.
Sec. 337. Report on wildfire suppression capabilities of active and reserve compo-
nents.
Sec. 338. Report on relocation of steam turbine production from Nimitz-class and
Ford-class aircraft carriers and Virginia-class and Columbia-class sub-
marines.
Sec. 339. Report on Specialized Undergraduate Pilot Training production,
resourcing, and locations.
Sec. 340. Report on Air Force airfield operational requirements.
Sec. 341. Report on Navy surface ship repair contract costs.
Subtitle E—Other Matters
Sec. 351. Coast Guard representation on explosive safety board.
Sec. 352. Transportation to continental United States of retired military working
dogs outside the continental United States that are suitable for adoption
in the United States.
Sec. 353. Scope of authority for restoration of land due to mishap.
Sec. 354. Repurposing and reuse of surplus Army firearms.
Sec. 355. Study on phasing out open burn pits.
Sec. 356. Notification requirements relating to changes to uniform of members of
the uniformed services.
Sec. 357. Reporting on future years budgeting by subactivity group.
Sec. 358. Limitation on availability of funds for service-specific Defense Readiness
Reporting Systems.
Sec. 359. Prioritization of environmental impacts for facilities sustainment, restora-
tion, and modernization demolition.
Sec. 360. Sense of Congress relating to Soo Locks, Sault Sainte Marie, Michigan.
Sec. 361. U.S. Special Operations Command Civilian Personnel.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum levels.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active duty
for operational support.
Subtitle C—Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Repeal of requirement for ability to complete 20 years of service by age
62 as qualification for original appointment as a regular commissioned
officer.
Sec. 502. Enhancement of availability of constructive service credit for private sec-
tor training or experience upon original appointment as a commissioned
officer.
dkrause on DSKBC28HB2PROD with PUBLAWS
Sec. 503. Standardized temporary promotion authority across the military depart-
ments for officers in certain grades with critical skills.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00005 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1640 PUBLIC LAW 115–232—AUG. 13, 2018
Sec. 504. Authority for promotion boards to recommend officers of particular merit
be placed higher on a promotion list.
Sec. 505. Authority for officers to opt out of promotion board consideration.
Sec. 506. Applicability to additional officer grades of authority for continuation on
active duty of officers in certain military specialties and career tracks.
Sec. 507. Alternative promotion authority for officers in designated competitive cat-
egories of officers.
Sec. 508. Attending Physician to the Congress.
Sec. 509. Matters relating to satisfactory service in grade for purposes of retire-
ment grade of officers in highest grade of satisfactory service.
Sec. 510. Grades of Chiefs of Chaplains.
Sec. 511. Repeal of original appointment qualification requirement for warrant offi-
cers in the regular Army.
Sec. 512. Reduction in number of years of active naval service required for perma-
nent appointment as a limited duty officer.
Sec. 513. Authority to designate certain reserve officers as not to be considered for
selection for promotion.
Sec. 514. GAO review of surface warfare career paths.
Subtitle B—Reserve Component Management
Sec. 515. Authorized strength and distribution in grade.
Sec. 516. Repeal of prohibition on service on Army Reserve Forces Policy Com-
mittee by members on active duty.
Sec. 517. Expansion of personnel subject to authority of the Chief of the National
Guard Bureau in the execution of functions and missions of the National
Guard Bureau.
Sec. 518. Authority to adjust effective date of promotion in the event of undue
delay in extending Federal recognition of promotion.
Sec. 519. National Guard Youth Challenge Program.
Sec. 520. Extension of authority for pilot program on use of retired senior enlisted
members of the Army National Guard as Army National Guard recruit-
ers.
Subtitle C—General Service Authorities and Correction of Military Records
Sec. 521. Enlistments vital to the national interest.
Sec. 522. Statement of benefits.
Sec. 523. Modification to forms of support that may be accepted in support of the
mission of the Defense POW/MIA Accounting Agency.
Sec. 524. Assessment of Navy standard workweek and related adjustments.
Sec. 525. Notification on manning of afloat naval forces.
Sec. 526. Navy watchstander records.
Sec. 527. Qualification experience requirements for certain Navy watchstations.
Subtitle D—Military Justice
Sec. 531. Inclusion of strangulation and suffocation in conduct constituting aggra-
vated assault for purposes of the Uniform Code of Military Justice.
Sec. 532. Punitive article on domestic violence under the Uniform Code of Military
Justice.
Sec. 533. Authorities of Defense Advisory Committee on Investigation, Prosecution,
and Defense of Sexual Assault in the Armed Forces.
Sec. 534. Report on feasibility of expanding services of the Special Victims’ Counsel
to victims of domestic violence.
Sec. 535. Uniform command action form on disposition of unrestricted sexual as-
sault cases involving members of the Armed Forces.
Sec. 536. Standardization of policies related to expedited transfer in cases of sexual
assault or domestic violence.
Subtitle E—Other Legal Matters
Sec. 541. Clarification of expiration of term of appellate military judges of the
United States Court of Military Commission Review.
Sec. 542. Security clearance reinvestigation of certain personnel who commit cer-
tain offenses.
Sec. 543. Development of oversight plan for implementation of Department of De-
fense harassment prevention and response policy.
Sec. 544. Oversight of registered sex offender management program.
Sec. 545. Development of resource guides regarding sexual assault for the military
service academies.
Sec. 546. Improved crime reporting.
Sec. 547. Report on victims of sexual assault in reports of military criminal inves-
tigative organizations.
dkrause on DSKBC28HB2PROD with PUBLAWS
Subtitle F—Member Education, Training, Resilience, and Transition
Sec. 551. Permanent career intermission program.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00006 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1641
Sec. 552. Improvements to Transition Assistance Program.
Sec. 553. Repeal of program on encouragement of postseparation public and com-
munity service.
Sec. 554. Clarification of application and honorable service requirements under the
Troops-to-Teachers Program to members of the Retired Reserve.
Sec. 555. Employment and compensation of civilian faculty members at the Joint
Special Operations University.
Sec. 556. Program to assist members of the Armed Forces in obtaining professional
credentials.
Sec. 557. Enhancement of authorities in connection with Junior Reserve Officers’
Training Corps programs.
Sec. 558. Expansion of period of availability of Military OneSource program for re-
tired and discharged members of the Armed Forces and their immediate
families.
Sec. 559. Prohibition on use of funds for attendance of enlisted personnel at senior
level and intermediate level officer professional military education
courses.
Subtitle G—Defense Dependents’ Education
Sec. 561. Assistance to schools with military dependent students.
Sec. 562. Department of Defense Education Activity policies and procedures on sex-
ual harassment of students of Activity schools.
Sec. 563. Department of Defense Education Activity misconduct database.
Sec. 564. Assessment and report on active shooter threat mitigation at schools lo-
cated on military installations.
Subtitle H—Military Family Readiness Matters
Sec. 571. Department of Defense Military Family Readiness Council matters.
Sec. 572. Enhancement and clarification of family support services for family mem-
bers of members of special operations forces.
Sec. 573. Temporary expansion of authority for noncompetitive appointments of
military spouses by Federal agencies.
Sec. 574. Improvement of My Career Advancement Account program for military
spouses.
Sec. 575. Assessment and report on the effects of permanent changes of station on
employment among military spouses.
Sec. 576. Provisional or interim clearances to provide childcare services at military
childcare centers.
Sec. 577. Multidisciplinary teams for military installations on child abuse and
other domestic violence.
Sec. 578. Pilot program for military families: prevention of child abuse and training
on safe childcare practices.
Sec. 579. Assessment and report on small business activities of military spouses on
military installations in the United States.
Subtitle I—Decorations and Awards
Sec. 581. Atomic veterans service certificate.
Sec. 582. Award of medals or other commendations to handlers of military working
dogs.
Sec. 583. Authorization for award of distinguished-service cross to Justin T.
Gallegos for acts of valor during Operation Enduring Freedom.
Subtitle J—Miscellaneous Reports and Other Matters
Sec. 591. Annual defense manpower requirements report matters.
Sec. 592. Burial of unclaimed remains of inmates at the United States Disciplinary
Barracks Cemetery, Fort Leavenworth, Kansas.
Sec. 593. Standardization of frequency of academy visits of the Air Force Academy
Board of Visitors with academy visits of boards of other military service
academies.
Sec. 594. National Commission on Military, National, and Public Service matters.
Sec. 595. Public availability of top-line numbers of deployed members of the Armed
Forces.
Sec. 596. Report on general and flag officer costs.
Sec. 597. Study on active service obligations for medical training with other service
obligations for education or training and health professional recruiting.
Sec. 598. Criteria for interment at Arlington National Cemetery.
Sec. 599. Limitation on use of funds pending submittal of report on Army Mar-
keting and Advertising Program.
dkrause on DSKBC28HB2PROD with PUBLAWS
Sec. 600. Proof of period of military service for purposes of interest rate limitation
under the Servicemembers Civil Relief Act.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00007 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1642 PUBLIC LAW 115–232—AUG. 13, 2018
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Repeal of authority for payment of personal money allowances to Navy of-
ficers serving in certain positions.
Sec. 602. Eligibility of reserve component members for high-deployment allowance
for lengthy or numerous deployments and frequent mobilizations.
Sec. 603. Prohibition on per diem allowance reductions based on the duration of
temporary duty assignment or civilian travel.
Sec. 604. Extension of parking expenses allowance to civilian employees at recruit-
ing facilities.
Sec. 605. Eligibility of reserve component members for nonreduction in pay while
serving in the uniformed services or National Guard.
Sec. 606. Military Housing Privatization Initiative.
Subtitle B—Bonuses and Special Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay authorities.
Sec. 612. Report on imminent danger pay and hostile fire pay.
Subtitle C—Other Matters
Sec. 621. Extension of certain morale, welfare, and recreation privileges to certain
veterans and their caregivers.
Sec. 622. Technical corrections in calculation and publication of special survivor in-
demnity allowance cost of living adjustments.
Sec. 623. Authority to award damaged personal protective equipment to members
separating from the Armed Forces and veterans as mementos of mili-
tary service.
Sec. 624. Space-available travel on Department of Defense aircraft for veterans
with service-connected disabilities rated as total.
Sec. 625. Mandatory increase in insurance coverage under Servicemembers’ Group
Life Insurance for members deployed to combat theaters of operation.
Sec. 626. Access to military installations for certain surviving spouses and other
next of kin of members of the Armed Forces who die while on active
duty or certain reserve duty.
Sec. 627. Study and report on development of a single defense resale system.
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—TRICARE and Other Health Care Benefits
Sec. 701. Cessation of requirement for mental health assessment of members after
redeployment from a contingency operation upon discharge or release
from the Armed Forces.
Sec. 702. Pilot program on treatment of members of the Armed Forces for post-
traumatic stress disorder related to military sexual trauma.
Subtitle B—Health Care Administration
Sec. 711. Improvement of administration of the Defense Health Agency and mili-
tary medical treatment facilities.
Sec. 712. Organizational framework of the military healthcare system to support
the medical requirements of the combatant commands.
Sec. 713. Administration of TRICARE dental plans through the Federal Employees
Dental and Vision Insurance Program.
Sec. 714. Streamlining of TRICARE Prime beneficiary referral process.
Sec. 715. Sharing of information with State prescription drug monitoring programs.
Sec. 716. Pilot program on opioid management in the military health system.
Sec. 717. Wounded warrior policy review.
Sec. 718. Medical simulation technology and live tissue training within the Depart-
ment of Defense.
Sec. 719. Improvements to trauma center partnerships.
Sec. 720. Improvement to notification to Congress of hospitalization of combat-
wounded members of the Armed Forces.
Subtitle C—Reports and Other Matters
Sec. 731. Extension of authority for Joint Department of Defense-Department of
Veterans Affairs Medical Facility Demonstration Fund.
Sec. 732. Joint forces medical capabilities development and standardization.
Sec. 733. Inclusion of gambling disorder in health assessments of members of the
Armed Forces and related research efforts.
dkrause on DSKBC28HB2PROD with PUBLAWS
Sec. 734. Report on requirement for certain former members of the Armed Forces
to enroll in Medicare Part B to be eligible for TRICARE for Life.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00008 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1643
Sec. 735. Pilot program on earning by special operations forces medics of credit to-
ward a physician assistant degree.
Sec. 736. Strategic medical research plan.
Sec. 737. Comptroller General of the United States review of Defense Health Agen-
cy oversight of transition between managed care support contractors for
the TRICARE program.
Sec. 738. Comptroller General study on availability of long-term care options for
veterans from Department of Veterans Affairs.
Sec. 739. Increase in number of appointed members of the Henry M. Jackson Foun-
dation for the Advancement of Military Medicine.
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS
Sec. 800. Effective dates; coordination of amendments.
Subtitle A—Streamlining of Defense Acquisition Statutes and Regulations
PART I—CONSOLIDATION OF DEFENSE ACQUISITION STATUTES IN NEW PART V OF
SUBTITLE A OF TITLE 10, UNITED STATES CODE
Sec. 801. Framework for new part V of subtitle A.
PART II—REDESIGNATION OF SECTIONS AND CHAPTERS OF SUBTITLES B, C, AND D TO
PROVIDE ROOM FOR NEW PART V OF SUBTITLE A
Sec. 806. Redesignation of sections and chapters of subtitle D of title 10, United
States Code—Air Force.
Sec. 807. Redesignation of sections and chapters of subtitle C of title 10, United
States Code—Navy and Marine Corps.
Sec. 808. Redesignation of sections and chapters of subtitle B of title 10, United
States Code—Army.
Sec. 809. Cross references to redesignated sections and chapters.
PART III—REPEALS OF CERTAIN PROVISIONS OF DEFENSE ACQUISITION LAW
Sec. 811. Amendment to and repeal of statutory requirements for certain positions
or offices in the Department of Defense.
Sec. 812. Repeal of certain defense acquisition laws.
Sec. 813. Repeal of certain Department of Defense reporting requirements.
Subtitle B—Amendments to General Contracting Authorities, Procedures, and
Limitations
Sec. 816. Modification of limitations on single source task or delivery order con-
tracts.
Sec. 817. Preliminary cost analysis requirement for exercise of multiyear contract
authority.
Sec. 818. Revision of requirement to submit information on services contracts to
Congress.
Sec. 819. Data collection and inventory for services contracts.
Sec. 820. Report on clarification of services contracting definitions.
Sec. 821. Increase in micro-purchase threshold applicable to Department of De-
fense.
Sec. 822. Department of Defense contracting dispute matters.
Sec. 823. Inclusion of best available information regarding past performance of sub-
contractors and joint venture partners.
Sec. 824. Subcontracting price and approved purchasing systems.
Sec. 825. Modification of criteria for waivers of requirement for certified cost and
price data.
Subtitle C—Provisions Relating to Major Defense Acquisition Programs
Sec. 831. Revisions in authority relating to program cost targets and fielding tar-
gets for major defense acquisition programs.
Sec. 832. Implementation of recommendations of the Independent Study on Consid-
eration of Sustainment in Weapons Systems Life Cycle.
Sec. 833. Comptroller General assessment of acquisition programs and related ini-
tiatives.
Subtitle D—Provisions Relating to Commercial Items
Sec. 836. Revision of definition of commercial item for purposes of Federal acquisi-
tion statutes.
dkrause on DSKBC28HB2PROD with PUBLAWS
Sec. 837. Limitation on applicability to Department of Defense commercial con-
tracts of certain provisions of law.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00009 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1644 PUBLIC LAW 115–232—AUG. 13, 2018
Sec. 838. Modifications to procurement through commercial e-commerce portals.
Sec. 839. Review of Federal acquisition regulations on commercial products, com-
mercial services, and commercially available off-the-shelf items.
Subtitle E—Industrial Base Matters
Sec. 841. Report on limited sourcing of specific components for Naval vessels.
Sec. 842. Removal of national interest determination requirements for certain enti-
ties.
Sec. 843. Pilot program to test machine-vision technologies to determine the au-
thenticity and security of microelectronic parts in weapon systems.
Sec. 844. Limitation on certain procurements application process.
Sec. 845. Report on defense electronics industrial base.
Sec. 846. Support for defense manufacturing communities to support the defense
industrial base.
Sec. 847. Limitation on procurement of certain items for T–AO–205 program.
Subtitle F—Small Business Matters
Sec. 851. Department of Defense small business strategy.
Sec. 852. Prompt payments of small business contractors.
Sec. 853. Increased participation in the Small Business Administration microloan
program.
Sec. 854. Amendments to Small Business Innovation Research Program and Small
Business Technology Transfer Program.
Sec. 855. Construction contract administration.
Sec. 856. Comptroller General study of impact of broadband speed and price on
small businesses.
Sec. 857. Consolidated budget display for the Department of Defense Small Busi-
ness Innovation Research Program and Small Business Technology
Transfer Program.
Sec. 858. Funding for procurement technical assistance program.
Sec. 859. Authorization for payment of certain costs relating to procurement tech-
nical assistance centers.
Sec. 860. Commercialization Assistance Pilot Program.
Sec. 861. Puerto Rico businesses.
Sec. 862. Opportunities for employee-owned business concerns through Small Busi-
ness Administration loan programs.
Subtitle G—Provisions Related to Software and Technical Data Matters
Sec. 865. Validation of proprietary and technical data.
Sec. 866. Continuation of technical data rights during challenges.
Sec. 867. Requirement for negotiation of technical data price before sustainment of
major weapon systems.
Sec. 868. Implementation of recommendations of the final report of the Defense
Science Board Task Force on the Design and Acquisition of Software for
Defense Systems.
Sec. 869. Implementation of pilot program to use agile or iterative development
methods required under section 873 of the National Defense Authoriza-
tion Act for Fiscal Year 2018.
Sec. 870. Report on requiring access to digital technical data in future acquisitions
of combat, combat service, and combat support systems.
Subtitle H—Other Matters
Sec. 871. Prohibition on acquisition of sensitive materials from non-allied foreign
nations.
Sec. 872. Extension of prohibition on providing funds to the enemy.
Sec. 873. Data, policy, and reporting on the use of other transactions.
Sec. 874. Standardization of formatting and public accessibility of Department of
Defense reports to Congress.
Sec. 875. Promotion of the use of Government-wide and other interagency con-
tracts.
Sec. 876. Increasing competition at the task order level.
Sec. 877. Individual acquisition for commercial leasing services.
Sec. 878. Procurement administrative lead time definition and plan.
Sec. 879. Briefing on funding of product support strategies.
Sec. 880. Use of lowest price technically acceptable source selection process.
Sec. 881. Permanent Supply Chain Risk Management Authority.
Sec. 882. Review of market research.
Sec. 883. Establishment of integrated review team on defense acquisition industry-
government exchange.
dkrause on DSKBC28HB2PROD with PUBLAWS
Sec. 884. Exchange program for acquisition workforce employees.
Sec. 885. Process to limit foreign access to technology.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00010 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1645
Sec. 886. Procurement of telecommunications supplies for experimental purposes.
Sec. 887. Access by developmental and operational testing activities to data regard-
ing modeling and simulation activity.
Sec. 888. Instruction on pilot program regarding employment of persons with dis-
abilities.
Sec. 889. Prohibition on certain telecommunications and video surveillance services
or equipment.
Sec. 890. Pilot program to accelerate contracting and pricing processes.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A—Office of the Secretary of Defense and Related Matters
Sec. 901. Report on allocation of former responsibilities of the Under Secretary of
Defense for Acquisition, Technology, and Logistics.
Sec. 902. Modification of responsibilities of the Under Secretary of Defense for Pol-
icy.
Sec. 903. Clarification of responsibilities and duties of the Chief Information Officer
of the Department of Defense.
Sec. 904. Technical corrections to Department of Defense Test Resource Manage-
ment Center authority.
Sec. 905. Specification of certain duties of the Defense Technical Information Cen-
ter.
Subtitle B—Organization and Management of Other Department of Defense Offices
and Elements
Sec. 911. Comprehensive review of operational and administrative chains-of-com-
mand and functions of the Department of the Navy.
Sec. 912. Modification of certain responsibilities of the Chairman of the Joint
Chiefs of Staff relating to joint force concept development.
Sec. 913. Clarification of certain risk assessment requirements of the Chairman of
the Joint Chiefs of Staff in connection with the National Military Strat-
egy.
Sec. 914. Assistant Secretary of Defense for Special Operations and Low Intensity
Conflict review of United States Special Operations Command.
Sec. 915. Expansion of principal duties of Assistant Secretary of the Navy for Re-
search, Development, and Acquisition.
Sec. 916. Qualifications for appointment as Deputy Chief Management Officer of a
military department.
Sec. 917. Deadline for completion of full implementation of requirements in connec-
tion with organization of the Department of Defense for management of
special operations forces and special operations.
Sec. 918. Cross-functional teams in the Department of Defense.
Sec. 919. Limitation on transfer of the Chemical, Biological, and Radiological De-
fense Division of the Navy.
Subtitle C—Comprehensive Pentagon Bureaucracy Reform and Reduction
Sec. 921. Authorities and responsibilities of the Chief Management Officer of the
Department of Defense.
Sec. 922. Analysis of Department of Defense business management and operations
datasets to promote savings and efficiencies.
Sec. 923. Periodic review of the Defense Agencies and Department of Defense Field
Activities by the Chief Management Officer of the Department of De-
fense.
Sec. 924. Actions to increase the efficiency and transparency of the Defense Logis-
tics Agency.
Sec. 925. Review of functions of Defense Contract Audit Agency and Defense Con-
tract Management Agency.
Sec. 926. Review and improvement of the operations of the Defense Finance and
Accounting Service.
Sec. 927. Assessment of chief information officer functions in connection with tran-
sition to enterprise-wide management of information technology and
computing.
Sec. 928. Comptroller General of the United States report on cross-enterprise ac-
tivities of the Inspectors General of the Department of Defense.
Sec. 929. General provisions.
Subtitle D—Other Department of Defense Organization and Management Matters
Sec. 931. Limitation on availability of funds for major headquarters activities of the
Department of Defense.
dkrause on DSKBC28HB2PROD with PUBLAWS
Sec. 932. John S. McCain Strategic Defense Fellows Program.
Sec. 933. Performance of civilian functions by military personnel.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00011 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1646 PUBLIC LAW 115–232—AUG. 13, 2018
Sec. 934. Report on implementation of requirements on estimation and comparison
of costs of civilian and military manpower and contract support for the
Department of Defense.
Sec. 935. Review of foreign currency exchange rates and analysis of Foreign Cur-
rency Fluctuations, Defense appropriation.
Sec. 936. Responsibility for policy on civilian casualty matters.
Sec. 937. Additional matters in connection with background and security investiga-
tions for Department of Defense personnel.
Sec. 938. Research and development to advance capabilities of the Department of
Defense in data integration and advanced analytics in connection with
personnel security.
Subtitle E—Other Matters
Sec. 941. Trusted information provider program for national security positions and
positions of trust.
Sec. 942. Report on expedited processing of security clearances for mission-critical
positions.
Sec. 943. Report on clearance in person concept.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Expertise in audit remediation.
Sec. 1003. Authority to transfer funds to Director of National Intelligence for
CAPNET.
Sec. 1004. Audit of financial systems of the Department of Defense.
Sec. 1005. Report on auditable financial statements.
Sec. 1006. Transparency of accounting firms used to support Department of De-
fense audit.
Subtitle B—Naval Vessels and Shipyards
Sec. 1011. Inclusion of operation and sustainment costs in annual naval vessel con-
struction plans.
Sec. 1012. Purchase of vessels using funds in National Defense Sealift Fund.
Sec. 1013. Purchase of vessels built in foreign shipyards with funds in National De-
fense Sealift Fund.
Sec. 1014. Date of listing of vessels as battle force ships in the Naval Vessel Reg-
ister and other fleet inventory measures.
Sec. 1015. Technical corrections and clarifications to chapter 633 of title 10, United
States Code, and other provisions of law regarding naval vessels.
Sec. 1016. Dismantlement and disposal of nuclear-powered aircraft carriers.
Sec. 1017. Limitation on use of funds for retirement of hospital ships.
Sec. 1018. Inclusion of aircraft carrier refueling overhaul budget request in annual
budget justification materials.
Sec. 1019. Business case analysis of Ready Reserve Force recapitalization options.
Sec. 1020. Transfer of excess naval vessel to Bahrain.
Subtitle C—Counterterrorism
Sec. 1031. Definition of sensitive military operation.
Sec. 1032. Extension of prohibition on use of funds to close or relinquish control of
United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1033. Prohibition on use of funds for transfer or release of individuals detained
at United States Naval Station, Guantanamo Bay, Cuba, to the United
States.
Sec. 1034. Prohibition on use of funds to construct or modify facilities in the United
States to house detainees transferred from United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1035. Prohibition on use of funds for transfer or release of individuals detained
at United States Naval Station, Guantanamo Bay, Cuba, to certain
countries.
Subtitle D—Miscellaneous Authorities and Limitations
Sec. 1041. Strategic guidance documents within the Department of Defense.
Sec. 1042. Notification on the provision of defense sensitive support.
Sec. 1043. Coordinating United States response to malign foreign influence oper-
ations and campaigns.
Sec. 1044. Clarification of reimbursable allowed costs of FAA memoranda of agree-
ment.
Sec. 1045. Workforce issues for military realignments in the Pacific.
dkrause on DSKBC28HB2PROD with PUBLAWS
Sec. 1046. Mitigation of operational risks posed to certain military aircraft by auto-
matic dependent surveillance-broadcast equipment.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00012 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1647
Sec. 1047. Limitation on availability of funds for unmanned surface vehicles.
Sec. 1048. Pilot program for Department of Defense controlled unclassified informa-
tion in the hands of industry.
Sec. 1049. Critical technologies list.
Sec. 1050. Airborne Hazards and Open Burn Pit Registry.
Sec. 1051. National Security Commission on Artificial Intelligence.
Sec. 1052. Authority to transfer funds for Bien Hoa dioxin cleanup.
Sec. 1053. Guidance on the electronic warfare mission area and joint electro-
magnetic spectrum operations.
Subtitle E—Studies and Reports
Sec. 1061. Annual reports by the Armed Forces on Out-Year Unconstrained Total
Munitions Requirements and Out-Year inventory numbers.
Sec. 1062. Improvement of annual report on civilian casualties in connection with
United States military operations.
Sec. 1063. Report on capabilities and capacities of Armored Brigade Combat
Teams.
Sec. 1064. Activities and reporting relating to Department of Defense’s Cloud Ini-
tiative.
Sec. 1065. Limitation on use of funds for United States Special Operations Com-
mand Global Messaging and Counter-Messaging platform.
Sec. 1066. Comprehensive review of professionalism and ethics programs for special
operations forces.
Sec. 1067. Munitions assessments and future-years defense program requirements.
Sec. 1068. Report on establishment of Army Futures Command.
Sec. 1069. Report on cyber-enabled information operations.
Sec. 1070. Report on unmanned aircraft in Arlington National Cemetery.
Sec. 1071. Report on an updated Arctic strategy.
Sec. 1072. Report on use and availability of military installations for disaster re-
sponse.
Sec. 1073. Report on Department of Defense participation in Export Administration
Regulations license application review process.
Sec. 1074. Military aviation readiness review in support of the National Defense
Strategy.
Sec. 1075. Report on highest-priority roles and missions of the Department of De-
fense and the Armed Forces.
Subtitle F—Other Matters
Sec. 1081. Technical, conforming, and clerical amendments.
Sec. 1082. Principal Advisor on Countering Weapons of Mass Destruction.
Sec. 1083. Modification of authority to transfer aircraft to other departments for
wildfire suppression purposes.
Sec. 1084. Improvement of database on emergency response capabilities.
Sec. 1085. Disclosure requirements for United States-based foreign media outlets.
Sec. 1086. United States policy with respect to freedom of navigation and over-
flight.
Sec. 1087. National Commission on Military Aviation Safety.
Sec. 1088. Sense of Congress regarding the international borders of the United
States.
Sec. 1089. Policy on response to juvenile-on-juvenile problematic sexual behavior
committed on military installations.
Sec. 1090. Recognition of America’s veterans.
Sec. 1091. Prohibition of funds for Chinese language instruction provided by a Con-
fucius Institute.
Sec. 1092. Department of Defense engagement with certain nonprofit entities in
support of missions of deployed United States personnel around the
world.
TITLE XI—CIVILIAN PERSONNEL MATTERS
Sec. 1101. Direct hire authority for the Department of Defense for certain competi-
tive service positions.
Sec. 1102. Modification of direct hire authority for the Department of Defense for
post-secondary students and recent graduates.
Sec. 1103. Extension of overtime rate authority for Department of the Navy em-
ployees performing work aboard or dockside in support of the nuclear-
powered aircraft carrier forward deployed in Japan.
Sec. 1104. One-year extension and expansion of authority to waive annual limita-
tion on premium pay and aggregate limitation on pay for Federal civil-
ian employees working overseas.
dkrause on DSKBC28HB2PROD with PUBLAWS
Sec. 1105. Extension of authority to conduct telework travel expenses test pro-
grams.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00013 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1648 PUBLIC LAW 115–232—AUG. 13, 2018
Sec. 1106. Personnel demonstration projects.
Sec. 1107. Expanded flexibility in selecting candidates from referral lists.
Sec. 1108. Expedited hiring authority for college graduates and post secondary stu-
dents.
Sec. 1109. Inapplicability of certification of executive qualifications by qualification
review boards of Office of Personnel Management for initial appoint-
ments to Senior Executive Service positions in Department of Defense.
Sec. 1110. Engagement with Historically Black Colleges and Universities and mi-
nority-serving institutions for the purposes of technical workforce en-
hancement.
Sec. 1111. Inclusion of Strategic Capabilities Office and Defense Innovation Unit
Experimental of the Department of Defense in personnel management
authority to attract experts in science and engineering.
Sec. 1112. Enhancement of flexible management authorities for science and tech-
nology reinvention laboratories of the Department of Defense.
Sec. 1113. Inclusion of Office of Secretary of Defense among components of the De-
partment of Defense covered by direct hire authority for financial man-
agement experts.
Sec. 1114. Alcohol testing of civil service mariners of the Military Sealift Command
assigned to vessels.
Sec. 1115. One-year extension of temporary authority to grant allowances, benefits,
and gratuities to civilian personnel on official duty in a combat zone.
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS
Subtitle A—Assistance and Training
Sec. 1201. Modification of authority to build the capacity of foreign security forces.
Sec. 1202. Clarification of authority for use of advisors and trainers for training of
personnel of foreign ministries with security missions under defense in-
stitution capacity building authorities.
Sec. 1203. Increase in cost limitation and additional notification required for small
scale construction related to security cooperation.
Sec. 1204. Technical corrections relating to defense security cooperation statutory
reorganization.
Sec. 1205. Review and report on processes and procedures used to carry out section
362 of title 10, United States Code.
Sec. 1206. Report on the use of security cooperation authorities.
Sec. 1207. Participation in and support of the Inter-American Defense College.
Sec. 1208. Naval Small Craft Instruction and Technical Training School.
Sec. 1209. Expansion of Regional Defense Combating Terrorism Fellowship Pro-
gram to include irregular warfare.
Sec. 1210. Modification to Department of Defense State Partnership Program.
Sec. 1211. Assessment, monitoring, and evaluation of security cooperation.
Sec. 1212. Legal and policy review of advise, assist, and accompany missions.
Sec. 1213. Extension and modification of authority to support border security oper-
ations of certain foreign countries.
Sec. 1214. Framework for obtaining concurrence for participation in activities of re-
gional centers for security studies.
Subtitle B—Matters Relating to Afghanistan and Pakistan
Sec. 1221. Extension of authority to transfer defense articles and provide defense
services to the military and security forces of Afghanistan.
Sec. 1222. Extension and modification of reporting requirements for special immi-
grant visas for Afghan allies program.
Sec. 1223. Afghanistan Security Forces Fund.
Sec. 1224. Extension and modification of Commanders’ Emergency Response Pro-
gram.
Sec. 1225. Extension and modification of authority for reimbursement of certain co-
alition nations for support provided to United States military oper-
ations.
Subtitle C—Matters Relating to Syria, Iraq, and Iran
Sec. 1231. Extension and modification of authority to provide assistance to the vet-
ted Syrian opposition.
Sec. 1232. Syrian war crimes accountability.
Sec. 1233. Extension of authority to provide assistance to counter the Islamic State
of Iraq and Syria.
Sec. 1234. Limitation on assistance to the Government of Iraq.
Sec. 1235. Extension and modification of authority to support operations and activi-
dkrause on DSKBC28HB2PROD with PUBLAWS
ties of the Office of Security Cooperation in Iraq.
Sec. 1236. Modification of annual report on military power of Iran.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00014 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1649
Sec. 1237. Strategy to counter destabilizing activities of Iran.
Subtitle D—Matters Relating to the Russian Federation
Sec. 1241. Prohibition on availability of funds relating to sovereignty of the Russian
Federation over Crimea.
Sec. 1242. Limitation on availability of funds relating to implementation of the
Open Skies Treaty.
Sec. 1243. Determination required regarding material breach of INF Treaty by the
Russian Federation.
Sec. 1244. Comprehensive response to the Russian Federation’s material breach of
the INF Treaty.
Sec. 1245. Report on implementation of the New START Treaty.
Sec. 1246. Modification and extension of Ukraine Security Assistance Initiative.
Sec. 1247. Extension of limitation on military cooperation between the United
States and the Russian Federation.
Sec. 1248. Sense of Congress on enhancing deterrence against Russian aggression
in Europe.
Subtitle E—Matters Relating to the Indo-Pacific Region
Sec. 1251. Name of United States Indo-Pacific Command.
Sec. 1252. Redesignation, expansion, and extension of Southeast Asia Maritime Se-
curity Initiative.
Sec. 1253. Redesignation and modification of sense of Congress and initiative for
the Indo-Asia-Pacific region.
Sec. 1254. Assessment of and report on geopolitical conditions in the Indo-Pacific
region.
Sec. 1255. Sense of Congress on extended nuclear deterrence in the Indo-Pacific re-
gion.
Sec. 1256. Reinstatement of reporting requirements with respect to United States-
Hong Kong relations.
Sec. 1257. Strengthening Taiwan’s force readiness.
Sec. 1258. Sense of Congress on Taiwan.
Sec. 1259. Prohibition on participation of the People’s Republic of China in Rim of
the Pacific (RIMPAC) naval exercises.
Sec. 1260. Modification of annual report on military and security developments in-
volving the People’s Republic of China.
Sec. 1261. United States strategy on China.
Sec. 1262. Report on military and coercive activities of the People’s Republic of
China in South China Sea.
Sec. 1263. Requirement for critical languages and expertise in Chinese, Korean,
Russian, Farsi, and Arabic.
Sec. 1264. Limitation on use of funds to reduce the total number of members of the
Armed Forces serving on active duty who are deployed to the Republic
of Korea.
Sec. 1265. Reports on nuclear capabilities of the Democratic People’s Republic of
Korea.
Sec. 1266. Modification of report required under enhancing defense and security co-
operation with India.
Subtitle F—Reports and Other Matters
Sec. 1271. Modification of authorities relating to acquisition and cross-servicing
agreements.
Sec. 1272. United States-Israel countering unmanned aerial systems cooperation.
Sec. 1273. Enhancement of U.S.-Israel defense cooperation.
Sec. 1274. Review to determine whether the Armed Forces or coalition partners of
the United States violated Federal law or Department of Defense policy
while conducting operations in Yemen.
Sec. 1275. Report on United States Government security cooperation and assist-
ance programs with Mexico.
Sec. 1276. Report on Department of Defense missions, operations, and activities in
Niger.
Sec. 1277. Report on the security relationship between the United States and the
Republic of Cyprus.
Sec. 1278. Sense of Congress on detention of United States citizens by the Govern-
ment of the Republic of Turkey.
Sec. 1279. Technical amendments related to NATO Support and Procurement Or-
ganization and related NATO agreements.
Sec. 1280. Report on permanent stationing of United States forces in the Republic
of Poland.
Sec. 1281. Report on strengthening NATO cyber defense.
dkrause on DSKBC28HB2PROD with PUBLAWS
Sec. 1282. Report on status of the United States relationship with the Republic of
Turkey.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00015 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1650 PUBLIC LAW 115–232—AUG. 13, 2018
Sec. 1283. Sense of the Congress concerning military-to-military dialogues.
Sec. 1284. Modifications to Global Engagement Center.
Sec. 1285. Sense of Congress on countering hybrid threats and malign influence.
Sec. 1286. Initiative to support protection of national security academic researchers
from undue influence and other security threats.
Sec. 1287. Report on Honduras, Guatemala, and El Salvador.
Sec. 1288. Modification of freedom of navigation reporting requirements.
Sec. 1289. Coordination of efforts to negotiate free trade agreements with certain
sub-Saharan African countries.
Sec. 1290. Certifications regarding actions by Saudi Arabia and the United Arab
Emirates in Yemen.
Sec. 1291. Treatment of Rwandan Patriotic Front and Rwandan Patriotic Army
under Immigration and Nationality Act.
Sec. 1292. Limitation on availability of funds to implement the Arms Trade Treaty.
Sec. 1293. Prohibition on provision of weapons and other forms of support to cer-
tain organizations.
Sec. 1294. Modified waiver authority for certain sanctionable transactions under
section 231 of the Countering America’s Adversaries Through Sanctions
Act.
Sec. 1295. Rule of construction relating to the use of force.
TITLE XIII—COOPERATIVE THREAT REDUCTION
Sec. 1301. Funding allocations.
Sec. 1302. Specification of cooperative threat reduction funds.
TITLE XIV—OTHER AUTHORIZATIONS
Subtitle A—Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1404. Defense inspector general.
Sec. 1405. Defense health program.
Subtitle B—Armed Forces Retirement Home
Sec. 1411. Authorization of appropriations for Armed Forces Retirement Home.
Sec. 1412. Expansion of eligibility for residence at the Armed Forces Retirement
Home.
Sec. 1413. Oversight of health care provided to residents of the Armed Forces Re-
tirement Home.
Sec. 1414. Modification of authority on acceptance of gifts for the Armed Forces Re-
tirement Home.
Sec. 1415. Relief for residents of the Armed Forces Retirement Home impacted by
increase in fees.
Sec. 1416. Limitation on applicability of fee increase for residents of the Armed
Forces Retirement Home.
Subtitle C—Other Matters
Sec. 1421. Authority for transfer of funds to joint Department of Defense-Depart-
ment of Veterans Affairs medical facility demonstration fund for Cap-
tain James A. Lovell Health Care Center, Illinois.
Sec. 1422. Economical and efficient operation of working capital fund activities.
Sec. 1423. Consolidation of reporting requirements under the Strategic and Critical
Materials Stock Piling Act.
Sec. 1424. Quarterly briefing on progress of chemical demilitarization program.
TITLE XV—AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR
OVERSEAS CONTINGENCY OPERATIONS
Subtitle A—Authorization of Appropriations
Sec. 1501. Purpose.
Sec. 1502. Procurement.
Sec. 1503. Research, development, test, and evaluation.
Sec. 1504. Operation and maintenance.
Sec. 1505. Military personnel.
Sec. 1506. Working capital funds.
Sec. 1507. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1508. Defense inspector general.
Sec. 1509. Defense health program.
dkrause on DSKBC28HB2PROD with PUBLAWS
Subtitle B—Financial Matters
Sec. 1511. Treatment as additional authorizations.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00016 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1651
Sec. 1512. Special transfer authority.
Sec. 1513. Overseas contingency operations.
Subtitle C—Other Matters
Sec. 1521. Joint Improvised-Threat Defeat Organization.
Sec. 1522. Enduring costs funded through overseas contingency operations.
Sec. 1523. Comptroller General report on use of funds provided by overseas contin-
gency operations.
TITLE XVI—STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A—Space Activities
Sec. 1601. Improvements to acquisition system, personnel, and organization of
space forces.
Sec. 1602. Modifications to Space Rapid Capabilities Office.
Sec. 1603. Rapid, responsive, and reliable space launch.
Sec. 1604. Provision of space situational awareness services and information.
Sec. 1605. Budget assessments for national security space programs.
Sec. 1606. Improvements to commercial space launch operations.
Sec. 1607. Space warfighting policy, review of space capabilities, and plan on space
warfighting readiness.
Sec. 1608. Use of small- and medium-size buses for strategic and tactical satellite
payloads.
Sec. 1609. Enhancement of positioning, navigation, and timing capacity.
Sec. 1610. Designation of component of Department of Defense responsible for co-
ordination of modernization efforts relating to military-code capable
GPS receiver cards.
Sec. 1611. Designation of component of Department of Defense responsible for co-
ordination of hosted payload information.
Sec. 1612. Limitation on availability of funds for Joint Space Operations Center
mission system.
Sec. 1613. Evaluation and enhanced security of supply chain for protected satellite
communications programs and overhead persistent infrared systems.
Sec. 1614. Report on protected satellite communications.
Sec. 1615. Report on enhancements to the Global Positioning System Operational
Control Segment.
Sec. 1616. Report on persistent weather imagery for United States Central Com-
mand.
Sec. 1617. Study on space-based radio frequency mapping.
Sec. 1618. Independent study on space launch locations.
Sec. 1619. Briefing on commercial satellite servicing capabilities.
Subtitle B—Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Role of Under Secretary of Defense for Intelligence.
Sec. 1622. Security vetting for foreign nationals.
Sec. 1623. Department of Defense Counterintelligence polygraph program.
Sec. 1624. Defense intelligence business management systems.
Sec. 1625. Modification to annual briefing on the intelligence, surveillance, and re-
connaissance requirements of the combatant commands.
Sec. 1626. Framework on governance, mission management, resourcing, and effec-
tive oversight of combat support agencies that are also elements of the
intelligence community.
Subtitle C—Cyberspace-Related Matters
Sec. 1631. Reorganization and consolidation of certain cyber provisions.
Sec. 1632. Affirming the authority of the Secretary of Defense to conduct military
activities and operations in cyberspace.
Sec. 1633. Department of Defense Cyber Scholarship Program scholarships and
grants.
Sec. 1634. Amendments to pilot program regarding cyber vulnerabilities of Depart-
ment of Defense critical infrastructure.
Sec. 1635. Modification of acquisition authority of the Commander of the United
States Cyber Command.
Sec. 1636. Policy of the United States on cyberspace, cybersecurity, cyber warfare,
and cyber deterrence.
Sec. 1637. Budget display for cyber vulnerability evaluations and mitigation activi-
ties for major weapon systems of the Department of Defense.
Sec. 1638. Determination of responsibility for the Department of Defense Informa-
tion Networks.
Sec. 1639. Procedures and reporting requirement on cybersecurity breaches and
dkrause on DSKBC28HB2PROD with PUBLAWS
loss of personally identifiable information and controlled unclassified in-
formation.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00017 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1652 PUBLIC LAW 115–232—AUG. 13, 2018
Sec. 1640. Program to establish cyber institutes at institutions of higher learning.
Sec. 1641. Matters pertaining to the SharkSeer cybersecurity program.
Sec. 1642. Active defense against the Russian Federation, People’s Republic of
China, Democratic People’s Republic of Korea, and Islamic Republic of
Iran attacks in cyberspace.
Sec. 1643. Designation of official for matters relating to integrating cybersecurity
and industrial control systems within the Department of Defense.
Sec. 1644. Assistance for small manufacturers in the defense industrial supply
chain and universities on matters relating to cybersecurity.
Sec. 1645. Email and Internet website security and authentication.
Sec. 1646. Security product integration framework.
Sec. 1647. Information security continuous monitoring and cybersecurity scorecard.
Sec. 1648. Tier 1 exercise of support to civil authorities for a cyber incident.
Sec. 1649. Pilot program on modeling and simulation in support of military home-
land defense operations in connection with cyber attacks on critical in-
frastructure.
Sec. 1650. Pilot program authority to enhance cybersecurity and resiliency of crit-
ical infrastructure.
Sec. 1651. Pilot program on regional cybersecurity training center for the Army Na-
tional Guard.
Sec. 1652. Cyberspace Solarium Commission.
Sec. 1653. Study and report on reserve component cyber civil support teams.
Sec. 1654. Identification of countries of concern regarding cybersecurity.
Sec. 1655. Mitigation of risks to national security posed by providers of information
technology products and services who have obligations to foreign govern-
ments.
Sec. 1656. Report on Cybersecurity Apprentice Program.
Sec. 1657. Report on enhancement of software security for critical systems.
Subtitle D—Nuclear Forces
Sec. 1661. Under Secretary of Defense for Research and Engineering and the Nu-
clear Weapons Council.
Sec. 1662. Long-range standoff weapon requirements.
Sec. 1663. Acceleration of ground-based strategic deterrent program and long-range
standoff weapon program.
Sec. 1664. Procurement authority for certain parts of intercontinental ballistic mis-
sile fuzes.
Sec. 1665. Prohibition on reduction of the intercontinental ballistic missiles of the
United States.
Sec. 1666. Extension of prohibition on availability of funds for mobile variant of
ground-based strategic deterrent missile.
Sec. 1667. Exchange program for nuclear weapons program employees.
Sec. 1668. Plan to train officers in nuclear command, control, and communications.
Sec. 1669. Independent study on options to increase Presidential decision-time re-
garding nuclear weapons employment.
Sec. 1670. Extension of annual report on plan for the nuclear weapons stockpile,
nuclear weapons complex, nuclear weapons delivery systems, and nu-
clear weapons command and control system.
Sec. 1671. Plan for alignment of acquisition of warhead life extension programs and
delivery vehicles for such warheads.
Sec. 1672. Annual report on development of long-range stand-off weapon.
Sec. 1673. Sense of Congress on nuclear posture of the United States.
Subtitle E—Missile Defense Programs
Sec. 1675. Development of persistent space-based sensor architecture.
Sec. 1676. Boost phase ballistic missile defense.
Sec. 1677. Extension of requirement for reports on unfunded priorities of Missile
Defense Agency.
Sec. 1678. Extension of prohibition relating to missile defense information and sys-
tems.
Sec. 1679. Modification of requirement relating to transition of ballistic missile de-
fense programs to military departments.
Sec. 1680. Modification of requirement to develop a space-based ballistic missile
intercept layer.
Sec. 1681. Improvements to acquisition processes of Missile Defense Agency.
Sec. 1682. Layered defense of the United States homeland.
Sec. 1683. Testing of redesigned kill vehicle prior to production and ground-based
midcourse defense acceleration options.
Sec. 1684. Requirements for ballistic missile defense capable ships.
dkrause on DSKBC28HB2PROD with PUBLAWS
Sec. 1685. Multiyear procurement authority for standard missile–3 IB guided mis-
siles.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00018 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1653
Sec. 1686. Limitation on availability of funds for Army lower tier air and missile
defense sensor.
Sec. 1687. Missile defense radar in Hawaii.
Sec. 1688. Iron Dome short-range rocket defense system and Israeli cooperative
missile defense program co-development and co-production.
Sec. 1689. Acceleration of hypersonic missile defense program.
Sec. 1690. Report on ballistic missile defense.
Sec. 1691. Sense of Congress on allied partnerships for missile defense.
Sec. 1692. Sense of Congress on testing by Missile Defense Agency.
Subtitle F—Other Matters
Sec. 1695. Extension of Commission to Assess the Threat to the United States from
Electromagnetic Pulse Attacks and Similar Events.
Sec. 1696. Procurement of ammonium perchlorate and other chemicals for use in
solid rocket motors.
Sec. 1697. Budget exhibit on support provided to entities outside Department of
Defense.
Sec. 1698. Conventional prompt global strike hypersonic capabilities.
Sec. 1699. Report regarding industrial base for large solid rocket motors.
TITLE XVII—REVIEW OF FOREIGN INVESTMENT AND EXPORT CONTROLS
Subtitle A—Committee on Foreign Investment in the United States
Sec. 1701. Short title: Foreign Investment Risk Review Modernization Act of 2018.
Sec. 1702. Findings; sense of Congress.
Sec. 1703. Definitions.
Sec. 1704. Acceptance of written notices.
Sec. 1705. Inclusion of partnership and side agreements in notice.
Sec. 1706. Declarations for certain covered transactions.
Sec. 1707. Stipulations regarding transactions.
Sec. 1708. Authority for unilateral initiation of reviews.
Sec. 1709. Timing for reviews and investigations.
Sec. 1710. Identification of non-notified and non-declared transactions.
Sec. 1711. Submission of certifications to Congress.
Sec. 1712. Analysis by Director of National Intelligence.
Sec. 1713. Information sharing.
Sec. 1714. Action by the President.
Sec. 1715. Judicial review.
Sec. 1716. Considerations for regulations.
Sec. 1717. Membership and staff of Committee.
Sec. 1718. Actions by the Committee to address national security risks.
Sec. 1719. Modification of annual report and other reporting requirements.
Sec. 1720. Certification of notices and information.
Sec. 1721. Implementation plans.
Sec. 1722. Assessment of need for additional resources for Committee.
Sec. 1723. Funding.
Sec. 1724. Centralization of certain Committee functions.
Sec. 1725. Conforming amendments.
Sec. 1726. Briefing on information from transactions reviewed by Committee on
Foreign Investment in the United States relating to foreign efforts to in-
fluence democratic institutions and processes.
Sec. 1727. Effective date.
Sec. 1728. Severability.
Subtitle B—Export Control Reform
Sec. 1741. Short title.
Sec. 1742. Definitions.
PART I—AUTHORITY AND ADMINISTRATION OF CONTROLS
Sec. 1751. Short title.
Sec. 1752. Statement of policy.
Sec. 1753. Authority of the President.
Sec. 1754. Additional authorities.
Sec. 1755. Administration of export controls.
Sec. 1756. Licensing.
Sec. 1757. Compliance assistance.
Sec. 1758. Requirements to identify and control the export of emerging and
foundational technologies.
Sec. 1759. Review relating to countries subject to comprehensive United States
dkrause on DSKBC28HB2PROD with PUBLAWS
arms embargo.
Sec. 1760. Penalties.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00019 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1654 PUBLIC LAW 115–232—AUG. 13, 2018
Sec. 1761. Enforcement.
Sec. 1762. Administrative procedure.
Sec. 1763. Review of interagency dispute resolution process.
Sec. 1764. Consultation with other agencies on commodity classification.
Sec. 1765. Annual report to Congress.
Sec. 1766. Repeal.
Sec. 1767. Effect on other Acts.
Sec. 1768. Transition provisions.
PART II—ANTI-BOYCOTT ACT OF 2018
Sec. 1771. Short title.
Sec. 1772. Statement of policy.
Sec. 1773. Foreign boycotts.
Sec. 1774. Enforcement.
PART III—ADMINISTRATIVE AUTHORITIES
Sec. 1781. Under Secretary of Commerce for Industry and Security.
Subtitle C—Miscellaneous
Sec. 1791. Extension of authority.
Sec. 1792. Limitation on cancellation of designation of Secretary of the Air Force
as Department of Defense Executive Agent for a certain Defense Produc-
tion Act program.
Sec. 1793. Review of and report on certain defense technologies critical to the
United States maintaining superior military capabilities.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be specified by
law.
Sec. 2003. Effective date.
TITLE XXI—ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Extension of authorizations of certain fiscal year 2015 projects.
Sec. 2105. Extension of authorizations of certain fiscal year 2016 project.
TITLE XXII—NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authority to carry out certain phased project authorized
in fiscal years 2015, 2016, and 2017.
Sec. 2306. Modification of authority to carry out certain fiscal year 2017 project.
Sec. 2307. Modification of authority to carry out certain fiscal year 2018 project.
Sec. 2308. Additional authority to carry out certain fiscal year 2019 projects.
Sec. 2309. Additional authority to carry out project at Travis Air Force Base, Cali-
fornia, in fiscal year 2019.
TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized defense agencies construction and land acquisition projects.
Sec. 2402. Authorized energy conservation projects.
Sec. 2403. Authorization of appropriations, defense agencies.
Sec. 2404. Extension of authorizations of certain fiscal year 2015 projects.
Sec. 2405. Authorization of certain fiscal year 2018 project.
TITLE XXV—INTERNATIONAL PROGRAMS
Subtitle A—North Atlantic Treaty Organization Security Investment Program
dkrause on DSKBC28HB2PROD with PUBLAWS
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00020 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1655
Subtitle B—Host Country In-kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Subtitle A—Project Authorizations and Authorization of Appropriations
Sec. 2601. Authorized Army National Guard construction and land acquisition
projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and
land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land acquisition
projects.
Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Subtitle B—Other Matters
Sec. 2611. Modification of authority to carry out certain fiscal year 2016 project.
Sec. 2612. Modification of authority to carry out certain fiscal year 2018 project.
Sec. 2613. Additional authority to carry out certain fiscal year 2019 project.
TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and closure activi-
ties funded through Department of Defense Base Closure Account.
Sec. 2702. Additional authority to realign or close certain military installations.
Sec. 2703. Prohibition on conducting additional base realignment and closure
(BRAC) round.
TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military Family Housing
Sec. 2801. Modification of contract authority for acquisition, construction, or fur-
nishing of test facilities and equipment.
Sec. 2802. Commercial construction standards for facilities on leased property.
Sec. 2803. Congressional oversight of projects carried out pursuant to laws other
than Military Construction Authorization Acts.
Sec. 2804. Small business set-aside for contracts for architectural and engineering
services and construction design.
Sec. 2805. Updates and modifications to Department of Defense Form 1391, Unified
Facilities Criteria, and military installation master plans.
Sec. 2806. Work in Process Curve charts and outlay tables for military construction
projects.
Sec. 2807. Extension of temporary, limited authority to use operation and mainte-
nance funds for construction projects in certain areas outside the United
States.
Sec. 2808. Authority to obtain architectural and engineering services and construc-
tion design for defense laboratory modernization program.
Sec. 2809. Repeal of limitation on certain Guam project.
Sec. 2810. Enhancing force protection and safety on military installations.
Sec. 2811. Limitation on use of funds for acquisition of furnished energy for new
medical center in Germany.
Subtitle B—Real Property and Facilities Administration
Sec. 2821. Force structure plans and infrastructure capabilities necessary to sup-
port the force structure.
Sec. 2822. Exemption of Department of Defense off-site use and off-site removal
only non-mobile properties from certain excess property disposal re-
quirements.
Sec. 2823. Retrofitting existing windows in military family housing units to be
equipped with fall prevention devices.
Sec. 2824. Updating prohibition on use of certain assessment of public schools on
Department of Defense installations to supersede funding of certain
projects.
Sec. 2825. Study of feasibility of using 20-year intergovernmental support agree-
ments for installation-support services.
Sec. 2826. Representation of installation interests in negotiations and proceedings
with carriers and other public utilities.
Sec. 2827. Clarification to include National Guard installations in Readiness and
Environmental Protection Integration program.
dkrause on DSKBC28HB2PROD with PUBLAWS
Subtitle C—Land Conveyances
Sec. 2841. Land exchange, Air Force Plant 44, Tucson, Arizona.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00021 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1656 PUBLIC LAW 115–232—AUG. 13, 2018
Sec. 2842. Authority for transfer of administrative jurisdiction over certain lands,
Marine Corps Air Ground Combat Center Twentynine Palms, California,
and Marine Corps Air Station Yuma, Arizona.
Sec. 2843. Environmental restoration and future conveyance of portion of former
Mare Island Firing Range, Vallejo, California.
Sec. 2844. Release of restrictions, University of California, San Diego.
Sec. 2845. Land exchange, Naval support activity, Washington Navy Yard, District
of Columbia.
Sec. 2846. Land conveyance, Eglin Air Force Base, Florida.
Sec. 2847. Public inventory of Guam land parcels for transfer to Government of
Guam.
Sec. 2848. Modification of conditions on land conveyance, Joliet Army Ammunition
Plant, Illinois.
Sec. 2849. Land conveyance, Naval Academy dairy farm, Gambrills, Maryland.
Sec. 2850. Technical correction of description of Limestone Hills Training Area
Land Withdrawal and Reservation, Montana.
Sec. 2851. Land conveyance, Wasatch-Cache National Forest, Rich County, Utah.
Sec. 2852. Commemoration of Freedman’s Village.
Subtitle D—Other Matters
Sec. 2861. Defense community infrastructure pilot program.
Sec. 2862. Strategic plan to improve capabilities of Department of Defense training
ranges and installations.
Sec. 2863. Restrictions on use of funds for development of public infrastructure in
Commonwealth of Northern Mariana Islands.
Sec. 2864. Study and report on inclusion of Coleman Bridge, York River, Virginia,
in Strategic Highway Network.
Sec. 2865. Defense access roads relating to closures due to sea level fluctuation and
flooding.
Sec. 2866. Authority to transfer funds for construction of Indian River Bridge.
Sec. 2867. Plan to allow increased public access to the National Naval Aviation Mu-
seum and Barrancas National Cemetery, Naval Air Station Pensacola.
TITLE XXIX—OVERSEAS CONTINGENCY OPERATIONS MILITARY
CONSTRUCTION
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition projects.
Sec. 2903. Authorized Air Force construction and land acquisition projects.
Sec. 2904. Authorized defense agencies construction and land acquisition projects.
Sec. 2905. Authorization of appropriations.
Sec. 2906. Restrictions on use of funds for planning and design costs of European
Deterrence Initiative projects.
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY
AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A—National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B—Program Authorizations, Restrictions, and Limitations
Sec. 3111. Development of low-yield nuclear weapons.
Sec. 3112. Department of Energy counterintelligence polygraph program.
Sec. 3113. Inclusion of capital assets acquisition projects in activities by Director
for Cost Estimating and Program Evaluation.
Sec. 3114. Modification of authority for acceptance of contributions for acceleration
of removal or security of fissile materials, radiological materials, and re-
lated equipment at vulnerable sites worldwide.
Sec. 3115. Notification regarding air release of radioactive or hazardous material at
Hanford Nuclear Reservation.
Sec. 3116. Amendments to the Atomic Energy Act of 1954.
Sec. 3117. Extension of enhanced procurement authority to manage supply chain
risk.
Sec. 3118. Hanford waste tank cleanup program.
Sec. 3119. Use of funds for construction and project support activities relating to
dkrause on DSKBC28HB2PROD with PUBLAWS
MOX facility.
Sec. 3120. Plutonium pit production.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00022 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1657
Sec. 3121. Pilot program on conduct by Department of Energy of background re-
views for access by certain individuals to national security laboratories.
Sec. 3122. Prohibition on availability of funds for programs in Russian Federation.
Sec. 3123. Prohibition on availability of funds for research and development of ad-
vanced naval nuclear fuel system based on low-enriched uranium.
Sec. 3124. Limitation on availability of funds relating to submission of annual re-
ports on unfunded priorities.
Subtitle C—Plans and Reports
Sec. 3131. Modifications to cost-benefit analyses for competition of management
and operating contracts.
Sec. 3132. Nuclear forensics analyses.
Sec. 3133. Review of defense environmental cleanup activities.
Sec. 3134. Whistleblower protections.
Sec. 3135. Implementation of Nuclear Posture Review by National Nuclear Security
Administration.
Sec. 3136. Survey of workforce of national security laboratories and nuclear weap-
ons production facilities.
Sec. 3137. Elimination of certain reports.
Subtitle D—Other Matters
Sec. 3141. Acceleration of replacement of cesium blood irradiation sources.
Sec. 3142. Sense of Congress regarding compensation of individuals relating to ura-
nium mining and nuclear testing.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIV—NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV—MARITIME MATTERS
Subtitle A—Maritime Administration
Sec. 3501. Authorization of the Maritime Administration.
Sec. 3502. Compliance by Ready Reserve Fleet vessels with SOLAS lifeboats and
fire suppression requirements.
Sec. 3503. Maritime Administration National Security Multi-Mission Vessel Pro-
gram.
Sec. 3504. Permanent authority of Secretary of Transportation to issue vessel war
risk insurance.
Sec. 3505. Use of State maritime academy training vessels.
Sec. 3506. Concurrent jurisdiction.
Sec. 3507. United States Merchant Marine Academy policy on sexual harassment,
dating violence, domestic violence, sexual assault, and stalking.
Sec. 3508. Report on implementation of recommendations for the United States
Merchant Marine Academy Sexual Assault Prevention and Response
Program.
Sec. 3509. Report on the application of the Uniform Code of Military Justice to the
United States Merchant Marine Academy.
Sec. 3510. Electronic records on mariner availability to meet national security
needs.
Sec. 3511. Small shipyard grants.
Sec. 3512. Sea year on contracted vessels.
Sec. 3513. GAO report on national maritime strategy.
Sec. 3514. Multi-year contracts.
Sec. 3515. Miscellaneous.
Sec. 3516. Department of Transportation Inspector General report on Title XI pro-
gram.
Subtitle B—Coast Guard
Sec. 3521. Alignment with Department of Defense and sea services authorities.
Sec. 3522. Preliminary development and demonstration.
Sec. 3523. Contract termination.
Sec. 3524. Reimbursement for travel expenses.
Sec. 3525. Capital investment plan.
Sec. 3526. Major acquisition program risk assessment.
Sec. 3527. Marine safety implementation status.
dkrause on DSKBC28HB2PROD with PUBLAWS
Sec. 3528. Retirement of Vice Commandant.
Sec. 3529. Large recreational vessel regulations.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00023 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1658 PUBLIC LAW 115–232—AUG. 13, 2018
Subtitle C—Coast Guard and Shipping Technical Corrections
CHAPTER 1—COAST GUARD
Sec. 3531. Commandant defined.
Sec. 3532. Training course on workings of Congress.
Sec. 3533. Miscellaneous.
Sec. 3534. Department of Defense consultation.
Sec. 3535. Repeal.
Sec. 3536. Mission need statement.
Sec. 3537. Continuation on active duty.
Sec. 3538. System acquisition authorization.
Sec. 3539. Inventory of real property.
CHAPTER 2—MARITIME TRANSPORTATION
Sec. 3541. Definitions.
Sec. 3542. Authority to exempt vessels.
Sec. 3543. Passenger vessels.
Sec. 3544. Tank vessels.
Sec. 3545. Grounds for denial or revocation.
Sec. 3546. Miscellaneous corrections to title 46, U.S.C.
Sec. 3547. Miscellaneous corrections to Oil Pollution Act of 1990.
Sec. 3548. Miscellaneous corrections.
DIVISION D—FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI—PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas contingency op-
erations.
TITLE XLIII—OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency operations.
TITLE XLIV—MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
TITLE XLV—OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
TITLE XLVI—MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy national security programs.
10 USC 101 note. SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
In this Act, the term ‘‘congressional defense committees’’ has
the meaning given that term in section 101(a)(16) of title 10, United
States Code.
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purposes of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined
by reference to the latest statement titled ‘‘Budgetary Effects of
PAYGO Legislation’’ for this Act, jointly submitted for printing
dkrause on DSKBC28HB2PROD with PUBLAWS
in the Congressional Record by the Chairmen of the House and
Senate Budget Committees, provided that such statement has been
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00024 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1659
submitted prior to the vote on passage in the House acting first
on the conference report or amendment between the Houses.
DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization Of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B—Army Programs
Sec. 111. National Guard and reserve component equipment report.
Sec. 112. Deployment by the Army of an interim cruise missile defense capability.
Subtitle C—Navy Programs
Sec. 121. Procurement authority for Ford class aircraft carrier program.
Sec. 122. Full ship shock trial for Ford class aircraft carrier.
Sec. 123. Sense of Congress on accelerated production of aircraft carriers.
Sec. 124. Multiyear procurement authority for standard missile–6.
Sec. 125. Multiyear procurement authority for E–2D aircraft.
Sec. 126. Multiyear procurement authority for F/A–18E/F aircraft and EA–18G air-
craft.
Sec. 127. Modifications to F/A–18 aircraft to mitigate physiological episodes.
Sec. 128. Frigate class ship program.
Sec. 129. Contract requirement for Virginia class submarine program.
Sec. 130. Prohibition on availability of funds for Navy port waterborne security bar-
riers.
Sec. 131. Extension of limitation on use of sole-source shipbuilding contracts for
certain vessels.
Sec. 132. Limitation on availability of funds for M27 Infantry Automatic Rifle pro-
gram.
Sec. 133. Report on degaussing standards for DDG–51 destroyers.
Subtitle D—Air Force Programs
Sec. 141. Inventory requirement for air refueling tanker aircraft; limitation on re-
tirement of KC–10A aircraft.
Sec. 142. Multiyear procurement authority for C–130J aircraft program.
Sec. 143. Contract for logistics support for VC–25B aircraft.
Sec. 144. Retirement date for VC–25A aircraft.
Sec. 145. Repeal of funding restriction for EC–130H Compass Call Recapitalization
Program.
Sec. 146. Limitation on use of funds for KC–46A aircraft pending submittal of cer-
tification.
Sec. 147. Limitation on availability of funds for retirement of E–8 JSTARS Aircraft.
Sec. 148. Report on modernization of B–52H aircraft systems.
Subtitle E—Defense-wide, Joint, and Multiservice Matters
Sec. 151. Procurement authority for additional icebreaker vessels.
Sec. 152. Buy-to-budget acquisition of F–35 aircraft.
Sec. 153. Certification on inclusion of technology to minimize physiological episodes
in certain aircraft.
Sec. 154. Armored commercial passenger-carrying vehicles.
Sec. 155. Quarterly updates on the F–35 Joint Strike Fighter program.
Subtitle A—Authorization Of
Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
2019 for procurement for the Army, the Navy and the Marine
dkrause on DSKBC28HB2PROD with PUBLAWS
Corps, the Air Force, and Defense-wide activities, as specified in
the funding table in section 4101.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00025 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1660 PUBLIC LAW 115–232—AUG. 13, 2018
Subtitle B—Army Programs
SEC. 111. NATIONAL GUARD AND RESERVE COMPONENT EQUIPMENT
REPORT.
(a) IN GENERAL.—Section 10541(b) of title 10, United States
Code, is amended by adding at the end the following new paragraph:
‘‘(10) A joint assessment by the Chief of Staff of the Army
and the Chief of the National Guard Bureau on the efforts
of the Army to achieve parity among the active component,
the Army Reserve, and the Army National Guard with respect
to equipment and capabilities. Each assessment shall include
a comparison of the inventory of high priority items of equip-
ment available to each component of the Army described in
preceding sentence, including—
‘‘(A) AH–64 Attack Helicopters;
‘‘(B) UH–60 Black Hawk Utility Helicopters;
‘‘(C) Abrams Main Battle Tanks;
‘‘(D) Bradley Infantry Fighting Vehicles;
‘‘(E) Stryker Combat Vehicles; and
‘‘(F) any other items of equipment identified as high
priority by the Chief of Staff of the Army or the Chief
of the National Guard Bureau.’’.
10 USC 10541 (b) EFFECTIVE DATE.—The amendment made by subsection (a)
note. shall apply with respect to reports required to be submitted under
section 10541 of title 10, United States Code, after the date of
the enactment of this Act.
SEC. 112. DEPLOYMENT BY THE ARMY OF AN INTERIM CRUISE MISSILE
DEFENSE CAPABILITY.
(a) CERTIFICATION REQUIRED.—Not later than 30 days after
the date of the enactment of this Act, the Secretary of Defense
shall certify to the congressional defense committees whether there
is a need for the Army to deploy an interim missile defense capa-
bility.
(b) DEPLOYMENT.—
(1) IN GENERAL.—If the Secretary of Defense certifies that
there is a need for the Army to deploy an interim missile
defense capability under subsection (a), the Secretary of the
Army shall deploy the capability as follows:
(A) Two batteries of the capability shall be deployed
by not later than September 30, 2020.
(B) Two additional batteries of the capability shall
be deployed by not later than September 30, 2023.
(2) ACHIEVEMENT OF DEPLOYMENT DEADLINES.—In order
to meet the deadlines for deployment specified in paragraph
(1) the Secretary of the Army may—
(A) deploy systems that require the least amount of
development;
(B) procure non-developmental air and missile defense
systems currently in production to ensure rapid delivery
of capability;
(C) use existing systems, components, and capabilities
already in the Joint Force inventory, including rockets
and missiles as available;
dkrause on DSKBC28HB2PROD with PUBLAWS
(D) use operational information technology for commu-
nication, detection, and fire control that is certified to work
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00026 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1661
with existing joint information technology systems to
ensure interoperability;
(E) engage and collaborate with officials, organizations,
and activities of the Department of Defense with respon-
sibilities relating to science and technology, engineering,
testing, and acquisition, including the Defense Innovation
United Experimental, the Director of Operational Test and
Evaluation, the Defense Digital Service, the Strategic
Capabilities Office, and the Rapid Capabilities offices, to
accelerate the development, testing, and deployment of
existing systems;
(F) use institutional and operational basing to facilitate
rapid training and fielding;
(G) consider a range of direct energy weapon systems
to compete for the 2023 deployment specified in paragraph
(1)(B); and
(H) carry out such other activities as the Secretary
determines to be appropriate.
(3) AUTHORITIES.—In carrying out paragraphs (1) and (2),
Secretary of the Army may use any authority of the Secretary
relating to acquisition, technology transfer, and personnel
management that the Secretary considers appropriate,
including rapid acquisition and rapid prototyping authorities,
to resource and procure an interim missile defense capability.
(4) WAIVER.—The Secretary of the Army may waive the
deadlines for deployment specified in paragraph (1) if the Sec-
retary determines that sufficient funds have not been appro-
priated to enable the Secretary to meet such deadlines.
(c) IN GENERAL.—If the Secretary of the Army will deploy
an interim missile defense capability pursuant to subsection (b),
then, by not later than March 1, 2019, the Secretary, in consultation
with the Chief of Staff of the Army, shall provide to the Committees
on Armed Services of the Senate and the House of Representatives
a briefing that includes—
(1) recommendations identifying any interim missile
defense capabilities to be deployed and a proposed rapid acquisi-
tion schedule for such capabilities;
(2) a plan to rapidly resource any identified shortfalls for
any such capability selected for deployment; and
(3) a schedule and timeline for the fielding and deployment
of any such capability.
(d) INTERIM MISSILE DEFENSE CAPABILITY DEFINED.—In this
section, the term ‘‘interim missile defense capability’’ means a fixed-
site, cruise missile defense capability that may be deployed before
the Indirect Fire Protection Capability of the Army becomes fully
operational.
Subtitle C—Navy Programs
SEC. 121. PROCUREMENT AUTHORITY FOR FORD CLASS AIRCRAFT
CARRIER PROGRAM.
(a) CONTRACT AUTHORITY.—
(1) PROCUREMENT AUTHORIZED.—The Secretary of the Navy
may enter into one or more contracts, beginning with the fiscal
dkrause on DSKBC28HB2PROD with PUBLAWS
year 2019 program year, for the procurement of one Ford class
aircraft carrier to be designated CVN–81.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00027 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1662 PUBLIC LAW 115–232—AUG. 13, 2018
(2) PROCUREMENT IN CONJUNCTION WITH CVN–80.—The air-
craft carrier authorized to be procured under paragraph (1)
may be procured as an addition to the contract covering the
Ford class aircraft carrier designated CVN–80 that is author-
ized to be constructed under section 121 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109–364; 120 Stat. 2104).
(b) CERTIFICATION REQUIRED.—A contract may not be entered
into under subsection (a) unless the Secretary of Defense certifies
to the congressional defense committees, in writing, not later than
30 days before entry into the contract, each of the following, which
shall be prepared by the milestone decision authority for the Ford
class aircraft carrier program:
(1) The use of such a contract will result in significant
savings compared to the total anticipated costs of carrying
out the program through annual contracts. In certifying cost
savings under the preceding sentence, the Secretary shall
include a written explanation of—
(A) the estimated obligations and expenditures by fiscal
year for CVN–80 and CVN–81, by hull, without the
authority provided in subsection (a);
(B) the estimated obligations and expenditures by fiscal
year for CVN–80 and CVN–81, by hull, with the authority
provided in subsection (a);
(C) the estimated cost savings or increase by fiscal
year for CVN–80 and CVN–81, by hull, with the authority
provided in subsection (a);
(D) the discrete actions that will accomplish such cost
savings or avoidance; and
(E) the contractual actions that will ensure the esti-
mated cost savings are realized.
(2) There is a reasonable expectation that throughout the
contemplated contract period the Secretary of Defense will
request funding for the contract at the level required to avoid
contract cancellation.
(3) There is a stable design for the property to be acquired
and that the technical risks associated with such property
are not excessive.
(4) The estimates of both the cost of the contract and
the anticipated cost avoidance through the use of a contract
authorized under subsection (a) are realistic.
(5) The use of such a contract will promote the national
security of the United States.
(6) During the fiscal year in which such contract is to
be awarded, sufficient funds will be available to perform the
contract in such fiscal year, and the future-years defense pro-
gram (as defined under section 221 of title 10, United States
Code) for such fiscal year will include the funding required
to execute the program without cancellation.
(7) The contract will be a fixed price type contract.
(c) USE OF INCREMENTAL FUNDING.—With respect to a contract
entered into under subsection (a), the Secretary of the Navy may
use incremental funding to make payments under the contract.
No such payments may be obligated after the date that is 11
dkrause on DSKBC28HB2PROD with PUBLAWS
months after the date on which the fitting out of the aircraft
carrier associated with the contract is completed.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00028 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1663
(d) LIABILITY.—A contract entered into under subsection (a)
shall provide that the total liability to the Government for termi-
nation of the contract entered into shall be limited to the total
amount of funding obligated at the time of termination.
(e) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract
entered into under subsection (a) shall provide that any obligation
of the United States to make a payment under the contract for
a fiscal year is subject to the availability of appropriations for
that purpose for such fiscal year.
(f) MILESTONE DECISION AUTHORITY DEFINED.—In this section,
the term ‘‘milestone decision authority’’ has the meaning given
that term in section 2366a(d) of title 10, United States Code.
SEC. 122. FULL SHIP SHOCK TRIAL FOR FORD CLASS AIRCRAFT CAR-
RIER.
The Secretary of the Navy shall ensure that full ship shock
trials results are incorporated into the construction of the Ford
class aircraft carrier designated CVN–81.
SEC. 123. SENSE OF CONGRESS ON ACCELERATED PRODUCTION OF
AIRCRAFT CARRIERS.
It is the sense of Congress that the United States should
accelerate the production of aircraft carriers to rapidly achieve
the Navy’s goal of having 12 operational aircraft carriers.
SEC. 124. MULTIYEAR PROCUREMENT AUTHORITY FOR STANDARD
MISSILE–6.
(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—Subject to sec-
tion 2306b of title 10, United States Code, the Secretary of the
Navy may enter into one or more multiyear contracts, beginning
with the fiscal year 2019 program year, for the procurement of
up to 625 standard missile–6 missiles at a rate of not more than
125 missiles per year during the covered period.
(b) AUTHORITY FOR ADVANCE PROCUREMENT AND ECONOMIC
ORDER QUANTITY.—The Secretary may enter into one or more con-
tracts for advance procurement associated with the missiles
(including economic order quantity) for which authorization to enter
into a multiyear procurement contract is provided under subsection
(a).
(c) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract
entered into under subsection (a) shall provide that any obligation
of the United States to make a payment under the contract for
a fiscal year after fiscal year 2019 is subject to the availability
of appropriations or funds for that purpose for such later fiscal
year.
(d) COVERED PERIOD DEFINED.—In this section, the term ‘‘cov-
ered period’’ means the 5-year period beginning with the fiscal
year 2019 program year and ending with the fiscal year 2023
program year.
SEC. 125. MULTIYEAR PROCUREMENT AUTHORITY FOR E–2D AIR-
CRAFT.
(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—Subject to sec-
tion 2306b of title 10, United States Code, the Secretary of the
Navy may enter into one or more multiyear contracts, beginning
dkrause on DSKBC28HB2PROD with PUBLAWS
with the fiscal year 2019 program year, for the procurement of
up to 24 E–2D aircraft.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00029 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1664 PUBLIC LAW 115–232—AUG. 13, 2018
(b) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract
entered into under subsection (a) shall provide that any obligation
of the United States to make a payment under the contract for
a fiscal year after fiscal year 2019 is subject to the availability
of appropriations for that purpose for such later fiscal year.
SEC. 126. MULTIYEAR PROCUREMENT AUTHORITY FOR F/A–18E/F AIR-
CRAFT AND EA–18G AIRCRAFT.
(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—Subject to sec-
tion 2306b of title 10, United States Code, the Secretary of the
Navy may enter into one or more multiyear contracts, beginning
with the fiscal year 2019 program year, for the procurement of
the following:
(1) F/A–18E/F aircraft.
(2) EA–18G aircraft.
(b) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract
entered into under subsection (a) shall provide that any obligation
of the United States to make a payment under the contract for
a fiscal year after fiscal year 2019 is subject to the availability
of appropriations or funds for that purpose for such later fiscal
year.
(c) AUTHORITY FOR ADVANCE PROCUREMENT AND ECONOMIC
ORDER QUANTITY.—The Secretary of the Navy may enter into one
or more contracts, beginning in fiscal year 2019, for advance
procurement associated with the aircraft for which authorization
to enter into a multiyear procurement contract is provided under
subsection (a), which may include one or more contracts for the
procurement of economic order quantities of material and equipment
for such aircraft.
SEC. 127. MODIFICATIONS TO F/A–18 AIRCRAFT TO MITIGATE PHYSIO-
LOGICAL EPISODES.
(a) MODIFICATIONS REQUIRED.—The Secretary of the Navy shall
modify the F/A–18 aircraft to reduce the occurrence of, and mitigate
the risk posed by, physiological episodes affecting crewmembers
of the aircraft. The modifications shall include, at minimum—
(1) replacement of the F/A–18 cockpit altimeter;
(2) upgrade of the F/A–18 onboard oxygen generation
system;
(3) redesign of the F/A–18 aircraft life support systems
required to meet onboard oxygen generation system input speci-
fications; and
(4) installation of equipment associated with improved F/
A–18 physiological monitoring and alert systems.
(b) REPORT REQUIRED.—Not later than February 1, 2019, and
annually thereafter through February 1, 2021, the Secretary of
the Navy shall submit to the congressional defense committees
a written update on the status of all modifications to the F/A–
18 aircraft carried out by the Secretary pursuant to subsection
(a).
(c) WAIVER.—The Secretary of the Navy may waive the require-
ment to make a modification under subsection (a) if the Secretary
certifies to the congressional defense committees that the specific
modification is inadvisable and provides a detailed justification
dkrause on DSKBC28HB2PROD with PUBLAWS
for excluding the modification from the Navy’s planned upgrades
for the F/A–18 aircraft.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00030 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1665
SEC. 128. FRIGATE CLASS SHIP PROGRAM.
(a) IN GENERAL.—As part of the solicitation for proposals for
the procurement of any frigate class ship in any of fiscal years
2019, 2020, or 2021, the Secretary of the Navy shall require that
offerors submit proposals under which the offeror agrees to convey
technical data to the Federal Government in the event the offeror
is awarded the frigate construction contract associated with the
proposal.
(b) TECHNICAL DATA DEFINED.—In this section, the term ‘‘tech-
nical data’’ means a compilation of detailed engineering plans and
specifications for the construction of a frigate class ship.
SEC. 129. CONTRACT REQUIREMENT FOR VIRGINIA CLASS SUBMARINE
PROGRAM.
Section 124 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115–91) is amended— 131 Stat. 1311.
(1) by redesignating subsection (d) through (f) as sub-
sections (e) through (g), respectively; and
(2) by inserting after subsection (c), the following:
‘‘(d) CONTRACT REQUIREMENT.—
‘‘(1) IN GENERAL.—The Secretary of the Navy shall ensure
that a contract entered into under subsection (a) includes an
option to procure a Virginia class submarine in each of fiscal
years 2022 and 2023.
‘‘(2) OPTION DEFINED.—In this subsection, the term ‘option’
has the meaning given that term in part 2.101 of the Federal
Acquisition Regulation.’’.
SEC. 130. PROHIBITION ON AVAILABILITY OF FUNDS FOR NAVY PORT
WATERBORNE SECURITY BARRIERS.
(a) PROHIBITION.—Except as provided in subsections (b) and
(c), none of the funds authorized to be appropriated by this Act
or otherwise made available for the Department of Defense for
fiscal year 2019 may be obligated or expended to procure legacy
waterborne security barriers for Navy ports.
(b) WAIVER.—The Secretary of the Navy may waive the prohibi-
tion in subsection (a) not less than 30 days after submitting to
the congressional defense committees—
(1) a Navy requirements document that specifies key
performance parameters and key system attributes for new
waterborne security barriers for Navy ports;
(2) a certification that the level of capability specified under
paragraph (1) will meet or exceed that of legacy waterborne
security barriers for Navy ports;
(3) the acquisition strategy for the recapitalization of legacy
waterborne security barriers for Navy ports, which shall meet
or exceed the requirements specified under paragraph (1); and
(4) a certification that any contract for new waterborne
security barriers for a Navy port will be awarded in accordance
with the requirements for full and open competition set forth
in section 2304 of title 10, United States Code.
(c) EXCEPTION.—The prohibition in subsection (a) shall not
apply to any of the following activities:
(1) The sustainment, refurbishment, and replacement of
dkrause on DSKBC28HB2PROD with PUBLAWS
portions of existing waterborne security barriers at Navy ports
due to normal wear and tear.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00031 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1666 PUBLIC LAW 115–232—AUG. 13, 2018
(2) The procurement of new waterborne security barriers
for Navy ports due to exigent circumstances.
SEC. 131. EXTENSION OF LIMITATION ON USE OF SOLE-SOURCE SHIP-
BUILDING CONTRACTS FOR CERTAIN VESSELS.
Section 124 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114–328), as amended by section 127 of
the National Defense Authorization Act for Fiscal Year 2018 (Public
131 Stat. 1313. Law 115–91), is further amended by striking ‘‘or fiscal year 2018’’
and inserting ‘‘, fiscal year 2018, or fiscal year 2019’’.
SEC. 132. LIMITATION ON AVAILABILITY OF FUNDS FOR M27 INFANTRY
AUTOMATIC RIFLE PROGRAM.
(a) LIMITATION.—Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2019 for
the M27 Infantry Automatic Rifle program of the Marine Corps,
not more than 80 percent may be obligated or expended until
the date on which the Commandant of the Marine Corps submits
to the Committees on Armed Services of the Senate and the House
of Representatives the assessment described in subsection (b).
(b) ASSESSMENT.—The assessment described in this subsection
is a written summary of the views of the Marine Corps with
respect to the Small Arms Ammunition Configuration Study of
the Army, including—
(1) an explanation of how the study informs the future
small arms modernization requirements of the Marine Corps;
and
(2) near-term and long-term modernization strategies for
the small arms weapon systems of the Marine Corps, including
associated funding and schedule profiles.
SEC. 133. REPORT ON DEGAUSSING STANDARDS FOR DDG–51
DESTROYERS.
(a) REPORT REQUIRED.—Not later than February 1, 2019, the
Secretary of the Navy shall submit to the congressional defense
committees a report on degaussing standards for the DDG–51
destroyer.
(b) ELEMENTS.—The report required under subsection (a) shall
include—
(1) a detailed description of the current degaussing stand-
ards for the DDG–51 destroyer;
(2) a plan for incorporating such standards into the
destroyer construction program; and
(3) an assessment of the requirement to backfit such stand-
ards to in-service destroyers.
Subtitle D—Air Force Programs
SEC. 141. INVENTORY REQUIREMENT FOR AIR REFUELING TANKER
AIRCRAFT; LIMITATION ON RETIREMENT OF KC–10A AIR-
CRAFT.
(a) INVENTORY REQUIREMENT.—Section 8062 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
dkrause on DSKBC28HB2PROD with PUBLAWS
‘‘(j)(1) Except as provided in paragraph (2), effective October
1, 2019, the Secretary of the Air Force shall maintain a total
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00032 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1667
aircraft inventory of air refueling tanker aircraft of not less than
479 aircraft.
‘‘(2) The Secretary of the Air Force may reduce the number
of air refueling tanker aircraft in the total aircraft inventory of
the Air Force below 479 only if—
‘‘(A) the Secretary certifies to the congressional defense
committees that such reduction is justified by the results of
the mobility capability and requirements study conducted under
section 144(b) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115–91); and
‘‘(B) a period of 30 days has elapsed following the date
on which the certification is made to the congressional defense
committees under subparagraph (A).
‘‘(3) In this subsection:
‘‘(A) The term ‘air refueling tanker aircraft’ means an air-
craft that has as its primary mission the refueling of other
aircraft.
‘‘(B) The term ‘total aircraft inventory’ means aircraft
authorized to a flying unit for operations or training.’’.
(b) LIMITATION ON RETIREMENT OF KC–10A.—
(1) IN GENERAL.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for any fiscal
year for the Air Force may be obligated or expended to retire,
or to prepare to retire, any KC–10A aircraft until the date
that is 30 days after the date on which the Secretary of the
Air Force certifies to the congressional defense committees that
Secretary has met the minimum inventory requirement under
section 8062(j) of title 10, United States Code, as added by
subsection (a) of this section.
(2) EXCEPTION FOR CERTAIN AIRCRAFT.—The requirement
of paragraph (1) does not apply to individual KC–10A aircraft
that the Secretary of the Air Force determines, on a case-
by-case basis, to be non-operational because of mishaps, other
damage, or being uneconomical to repair.
SEC. 142. MULTIYEAR PROCUREMENT AUTHORITY FOR C–130J AIR-
CRAFT PROGRAM.
(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—Subject to sec-
tion 2306b of title 10, United States Code, the Secretary of the
Air Force may enter into one or more multiyear contracts, beginning
with the fiscal year 2019 program year, for the procurement of—
(1) C–130J aircraft for the Air Force; and
(2) C–130J aircraft for the Navy and the Marine Corps
pursuant to the agreement described in subsection (b).
(b) AGREEMENT DESCRIBED.—The agreement described in this
subsection is the agreement between the Secretary of the Navy
and the Secretary of the Air Force under which the Secretary
of the Air Force acts as the executive agent for the Department
of the Navy for purposes of procuring C–130J aircraft for such
Department.
(c) AUTHORITY FOR ADVANCE PROCUREMENT AND ECONOMIC
ORDER QUANTITY.—The Secretary of the Air Force may enter into
one or more contracts for advance procurement associated with
the C–130J aircraft, including economic order quantity, for which
dkrause on DSKBC28HB2PROD with PUBLAWS
authorization to enter into a multiyear procurement contract is
provided under subsection (a).
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00033 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1668 PUBLIC LAW 115–232—AUG. 13, 2018
(d) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A con-
tract entered into under subsection (a) shall provide that any obliga-
tion of the United States to make a payment under the contract
for a fiscal year after fiscal year 2019 is subject to the availability
of appropriations for that purpose for such later fiscal year.
(e) TREATMENT OF FISCAL YEAR 2018 AIRCRAFT.—The multiyear
contract authority under subsection (a) includes C–130J aircraft
for which funds were appropriated for fiscal year 2018.
SEC. 143. CONTRACT FOR LOGISTICS SUPPORT FOR VC–25B AIRCRAFT.
The Secretary of the Air Force shall—
(1) ensure that the total period of any contract awarded
for logistics support for the VC–25B aircraft does not exceed
five years, as required under part 17.204(e) of the Federal
Acquisition Regulation, unless otherwise approved in accord-
ance with established procedures; and
(2) comply with section 2304 of title 10, United States
Code, regarding full and open competition through the use
of competitive procedures for the award of any logistics support
contract following the initial five-year contract period.
SEC. 144. RETIREMENT DATE FOR VC–25A AIRCRAFT.
(a) IN GENERAL.—For purposes of the application of section
2244a of title 10, United States Code, the retirement date of the
covered aircraft is deemed to be not later than December 31, 2025.
(b) COVERED AIRCRAFT DEFINED.—In this section, the term
‘‘covered aircraft’’ means the two VC–25A aircraft of the Air Force
that are in service as of the date of the enactment of this Act.
SEC. 145. REPEAL OF FUNDING RESTRICTION FOR EC–130H COMPASS
CALL RECAPITALIZATION PROGRAM.
Section 131 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114–328; 130 Stat. 2037) is repealed.
SEC. 146. LIMITATION ON USE OF FUNDS FOR KC–46A AIRCRAFT
PENDING SUBMITTAL OF CERTIFICATION.
(a) CERTIFICATION REQUIRED.—The Secretary of the Air Force
shall submit to the congressional defense committees certification
that, as of the date of the certification—
(1) the supplemental type certification and the military
type certification for the KC–46A aircraft have been approved;
and
(2) the Air Force has accepted the delivery of the first
KC–46A aircraft.
(b) LIMITATION ON USE OF FUNDS.—
(1) LIMITATION.—Notwithstanding any other provision of
this Act, none of the funds authorized to be appropriated or
otherwise made available by this Act for fiscal year 2019 for
Aircraft Procurement, Air Force, may be obligated or expended
to procure the covered aircraft until the Secretary of the Air
Force submits the certification required under subsection (a).
(2) COVERED AIRCRAFT DEFINED.—In this subsection, the
term ‘‘covered aircraft’’ means three of the KC–46A aircraft
dkrause on DSKBC28HB2PROD with PUBLAWS
authorized to be procured by this Act.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00034 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1669
SEC. 147. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT
OF E–8 JSTARS AIRCRAFT.
(a) LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT.—
Except as provided in subsection (b), none of the funds authorized
to be appropriated by this Act or otherwise made available for
fiscal year 2019 or any subsequent fiscal year for the Air Force
may be obligated or expended to retire, or prepare to retire, any
E–8 Joint Surveillance Target Attack Radar System aircraft until
the date on which the Secretary of the Defense certifies to the
congressional defense committees that Increment 2 of the Advanced
Battle-Management System of the Air Force has declared initial
operational capability as defined in the Capability Development
Document for the System.
(b) EXCEPTION.—The limitation in subsection (a) shall not apply
to individual E–8C Joint Surveillance Target Attack Radar System
aircraft that the Secretary of the Air Force determines, on a case-
by-case basis, to be no longer mission capable because of mishaps,
other damage, or being uneconomical to repair.
(c) CERTIFICATION REQUIRED.—Not later than March 1, 2019,
the Secretary of Defense, on a nondelegable basis, shall certify
to the congressional defense committees that—
(1) the Secretary of the Air Force is taking all reasonable
steps to ensure the legacy E–8C Joint Surveillance Target
Radar System aircraft that the Air Force continues to operate
meet all safety requirements;
(2) the Secretary of the Air Force has developed and imple-
mented a funding strategy to increase the operational and
maintenance availability of the legacy E–8C Joint Surveillance
Target Radar System aircraft that the Air Force continues
to operate;
(3) the Advanced Battle-Management System Increment
1, 2, and 3 acquisition and fielding strategy is executable and
that sufficient funds will be available to achieve all elements
of the System as described in the Capability Development Docu-
ment for the System; and
(4) in coordination with each separate geographic combat-
ant commander, that the Secretary of the Air Force is imple-
menting defined and measurable actions to meet the operational
planning and steady-state force presentation requirements for
Ground-Moving Target Indicator intelligence and Battle-
Management, Command and Control towards a moderate level
of risk until Increment 2 of the Advanced Battle-Management
System declares initial operational capability.
(d) GAO REPORT AND BRIEFING.—
(1) REPORT REQUIRED.—Not later than March 1, 2020, the
Comptroller General of the United States shall submit to the
congressional defense committees a report on Increment I,
Increment 2, and Increment 3 of the 21st Century Advanced
Battle Management System of Systems capability of the Air
Force. The report shall include a review of—
(A) the technologies that compose the capability and
the level of maturation of such technologies;
(B) the resources budgeted for the capability;
(C) the fielding plan for the capability;
(D) any risk assessments associated with the capa-
dkrause on DSKBC28HB2PROD with PUBLAWS
bility; and
(E) the overall acquisition strategy for the capability.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00035 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1670 PUBLIC LAW 115–232—AUG. 13, 2018
(2) INTERIM BRIEFING.—Not later than March 1, 2019, the
Comptroller General of the United States shall provide to the
Committees on Armed Services of the House of Representatives
and the Senate a briefing on the topics to be covered by the
report under paragraph (1), including any preliminary data
and any issues or concerns of the Comptroller General relating
to the report.
(e) AIR FORCE REPORT.—Not later than February 5, 2019, the
Secretary of the Air Force shall submit to the congressional defense
committees a report on the legacy fleet of E–8C Joint Surveillance
Target Attack Radar System aircraft that includes—
(1) the modernization and sustainment strategy, and associ-
ated costs, for the airframe and mission systems that will
be used to maintain the legacy fleet of such aircraft until
the planned retirement of the aircraft; and
(2) a plan that will provide combatant commanders with
an increased level of E–8C force support.
(f) E–8C FORCE PRESENTATION REQUIREMENT.—
(1) IN GENERAL.—Beginning not later than October 1, 2020,
and until the retirement of the E–8C aircraft fleet, the Sec-
retary of the Air Force shall provide not fewer than 6 dedicated
E–8C aircraft each fiscal year for allocation to the geographical
combatant commanders through the Intelligence, Surveillance,
and Reconnaissance Global Force Management Allocation
Process.
(2) EXCEPTION.—If the Secretary of the Air Force is unable
to meet the requirements of paragraph (1), the Secretary of
Defense, on a nondelegable basis, may waive the requirements
for a fiscal year and shall provide to the congressional defense
committees a notice of waiver issuance and justification.
(g) AIR FORCE BRIEFING REQUIREMENT.—Beginning not later
than October 1, 2018, and on a quarterly basis thereafter, the
Secretary of the Air Force shall provide to the congressional defense
committees a program update briefing on the Advanced Battle-
Management System of the Air Force, and all associated tech-
nologies.
SEC. 148. REPORT ON MODERNIZATION OF B–52H AIRCRAFT SYSTEMS.
(a) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of the Air Force shall
submit to the congressional defense committees a report on the
long term modernization of the B–52H aircraft.
(b) ELEMENTS.—The report required under subsection (a) shall
include—
(1) an estimated timeline for the modernization of the
B–52H aircraft; and
(2) modernization requirements with respect to the
integrated systems of the aircraft, including—
(A) electronic warfare and defensive systems;
(B) communications, including secure jam resistant
capability;
(C) radar replacement;
(D) engine replacement;
dkrause on DSKBC28HB2PROD with PUBLAWS
(E) future weapons and targeting capability; and
(F) mission planning systems.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00036 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1671
Subtitle E—Defense-wide, Joint, and
Multiservice Matters
SEC. 151. PROCUREMENT AUTHORITY FOR ADDITIONAL ICEBREAKER
VESSELS.
(a) PROCUREMENT AUTHORITY.—
(1) IN GENERAL.—In addition to the icebreaker vessel
authorized to be procured under section 122(a) of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law
115–91), the Secretary of the department in which the Coast
Guard is operating may enter into one or more contracts for
the procurement of up to five additional polar-class icebreaker
vessels.
(2) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A con-
tract entered into under paragraph (1) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2019 is subject to
the availability of appropriations or funds for that purpose
for such later fiscal year.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
the Coast Guard should maintain an inventory of not fewer than
six polar-class icebreaker vessels beginning not later than fiscal
year 2029 and, to achieve such inventory, should—
(1) award a contract for the first new polar-class icebreaker
not later than fiscal year 2019;
(2) deliver the first new polar-class icebreaker not later
than fiscal year 2023;
(3) start construction on the second through sixth new
polar-class icebreakers at a rate of one vessel per year in
fiscal years 2022 through 2026; and
(4) accept delivery of the second through sixth new polar-
class icebreakers at a rate of one vessel per year in fiscal
years 2025 through 2029.
SEC. 152. BUY-TO-BUDGET ACQUISITION OF F–35 AIRCRAFT.
Subject to section 2308 of title 10, United States Code, using
funds authorized to be appropriated by this Act for the procurement
of F–35 aircraft, the Secretary of Defense may procure a quantity
of F–35 aircraft in excess of the quantity authorized by this Act
if such additional procurement does not require additional funds
to be authorized to be appropriated because of production effi-
ciencies or other cost reductions.
SEC. 153. CERTIFICATION ON INCLUSION OF TECHNOLOGY TO MINI-
MIZE PHYSIOLOGICAL EPISODES IN CERTAIN AIRCRAFT.
(a) CERTIFICATION REQUIRED.—Not later than 15 days before
entering into a contract for the procurement of a covered aircraft,
the Secretary concerned shall submit to the congressional defense
committees a written statement certifying that the aircraft to be
procured under the contract will include the most recent techno-
logical advancements necessary to minimize the impact of physio-
logical episodes on aircraft crewmembers.
(b) WAIVER.—The Secretary concerned may waive the require-
ment of subsection (a) if the Secretary—
dkrause on DSKBC28HB2PROD with PUBLAWS
(1) determines the waiver is required in the interest of
national security; and
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00037 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1672 PUBLIC LAW 115–232—AUG. 13, 2018
(2) not later than 15 days before entering into a contract
for the procurement of a covered aircraft, notifies the congres-
sional defense committees of the rationale for the waiver.
(c) TERMINATION.—The requirement to submit a certification
under subsection (a) shall terminate on September 30, 2021.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘covered aircraft’’ means a fighter aircraft,
an attack aircraft, or a fixed wing trainer aircraft.
(2) The term ‘‘Secretary concerned’’ means—
(A) the Secretary of the Navy, with respect to covered
aircraft of Navy; and
(B) the Secretary of the Air Force, with respect to
covered aircraft of the Air Force.
10 USC 2302 SEC. 154. ARMORED COMMERCIAL PASSENGER-CARRYING VEHICLES.
note.
(a) IMPLEMENTATION OF GAO RECOMMENDATIONS.—In accord-
ance with the recommendations of the Government Accountability
Office in the report titled ‘‘Armored Commercial Vehicles: DOD
Has Procurement Guidance, but Army Could Take Actions to
Enhance Inspections and Oversight’’ (GAO-17-513), not later than
180 days after the date of the enactment of this Act, the Secretary
of Army shall—
(1) ensure that in-progress inspections are conducted at
the armoring vendor’s facility for each procurement of an
armored commercial passenger-carrying vehicles until the date
on which the Secretary of Defense approves and implements
an updated armoring and inspection standard for such vehicles;
and
(2) designate a central point of contact for collecting and
reporting information on armored commercial passenger-car-
rying vehicles (such as information on contracts execution and
vehicle inspections).
(b) BRIEFING REQUIRED.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall
provide to the congressional defense committees a briefing on the
progress of the Secretary in implementing Department of Defense
Instruction O–2000.16 Volume 1, dated November 2016, with
respect to armored commercial passenger-carrying vehicles,
including—
(1) whether criteria for the procurement of such vehicles
have been established and distributed to the relevant compo-
nents of the Department; and
(2) whether a process is in place for ensuring that the
relevant components of the Department incorporate those cri-
teria into contracts for such vehicles.
SEC. 155. QUARTERLY UPDATES ON THE F–35 JOINT STRIKE FIGHTER
PROGRAM.
(a) IN GENERAL.—Beginning not later than October 1, 2018,
and on a quarterly basis thereafter through October 1, 2022, the
Under Secretary of Defense for Acquisition and Sustainment shall
provide to the congressional defense committees a briefing on the
progress of the F–35 Joint Strike Fighter program.
(b) ELEMENTS.—Each briefing under subsection (a) shall
include, with respect to the F–35 Joint Strike Fighter program,
dkrause on DSKBC28HB2PROD with PUBLAWS
the following elements:
(1) An overview of the program schedule.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00038 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1673
(2) A description of each contract awarded under the pro-
gram, including a description of the type of contract and the
status of the contract.
(3) An assessment of the status of the program with respect
to—
(A) modernization;
(B) modification;
(C) testing;
(D) delivery;
(E) sustainment;
(F) program management; and
(G) efforts to ensure that excessive sustainment costs
do not threaten the ability of the Department of Defense
to purchase the required number of aircraft.
TITLE II—RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Modification of authority to carry out certain prototype projects.
Sec. 212. Extension of directed energy prototype authority.
Sec. 213. Prohibition on availability of funds for the Weather Common Component
program.
Sec. 214. Limitation on availability of funds for F–35 continuous capability develop-
ment and delivery.
Sec. 215. Limitation on availability of funds pending report on agile software devel-
opment and software operations.
Sec. 216. Limitation on availability of funds for certain high energy laser advanced
technology.
Sec. 217. Plan for the Strategic Capabilities Office of the Department of Defense.
Sec. 218. National Defense Science and Technology Strategy.
Sec. 219. Modification of CVN–73 to support fielding of MQ–25 unmanned aerial
vehicle.
Sec. 220. Establishment of innovators information repository in the Department of
Defense.
Sec. 221. Strategic plan for Department of Defense test and evaluation resources.
Sec. 222. Collaboration between Defense laboratories, industry, and academia; open
campus program.
Sec. 223. Permanent extension and codification of authority to conduct technology
protection features activities during research and development of de-
fense systems.
Sec. 224. Codification and reauthorization of Defense Research and Development
Rapid Innovation Program.
Sec. 225. Procedures for rapid reaction to emerging technology.
Sec. 226. Activities on identification and development of enhanced personal protec-
tive equipment against blast injury.
Sec. 227. Human factors modeling and simulation activities.
Sec. 228. Expansion of mission areas supported by mechanisms for expedited access
to technical talent and expertise at academic institutions.
Sec. 229. Advanced manufacturing activities.
Sec. 230. National security innovation activities.
Sec. 231. Partnership intermediaries for promotion of defense research and edu-
cation.
Sec. 232. Limitation on use of funds for Surface Navy Laser Weapon System.
Sec. 233. Expansion of coordination requirement for support for national security
innovation and entrepreneurial education.
Sec. 234. Defense quantum information science and technology research and devel-
opment program.
Sec. 235. Joint directed energy test activities.
Sec. 236. Requirement for establishment of arrangements for expedited access to
dkrause on DSKBC28HB2PROD with PUBLAWS
technical talent and expertise at academic institutions to support De-
partment of Defense missions.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00039 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1674 PUBLIC LAW 115–232—AUG. 13, 2018
Sec. 237. Authority for Joint Directed Energy Transition Office to conduct research
relating to high powered microwave capabilities.
Sec. 238. Joint artificial intelligence research, development, and transition activi-
ties.
Subtitle C—Reports and Other Matters
Sec. 241. Report on survivability of air defense artillery.
Sec. 242. T–45 aircraft physiological episode mitigation actions.
Sec. 243. Report on efforts of the Air Force to mitigate physiological episodes affect-
ing aircraft crewmembers.
Sec. 244. Report on Defense Innovation Unit Experimental.
Sec. 245. Modification of funding criteria under Historically Black Colleges and
Universities and minority institutions program.
Sec. 246. Report on OA–X light attack aircraft applicability to partner nation sup-
port.
Sec. 247. Reports on comparative capabilities of adversaries in key technology
areas.
Sec. 248. Report on active protection systems for armored combat and tactical vehi-
cles.
Sec. 249. Next Generation Combat Vehicle.
Sec. 250. Modification of reports on mechanisms to provide funds to defense labora-
tories for research and development of technologies for military mis-
sions.
Sec. 251. Briefings on Mobile Protected Firepower and Future Vertical Lift pro-
grams.
Sec. 252. Improvement of the Air Force supply chain.
Sec. 253. Review of guidance on blast exposure during training.
Sec. 254. Competitive acquisition strategy for Bradley Fighting Vehicle trans-
mission replacement.
Sec. 255. Independent assessment of electronic warfare plans and programs.
Subtitle A—Authorization of
Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
2019 for the use of the Department of Defense for research, develop-
ment, test, and evaluation, as specified in the funding table in
section 4201.
Subtitle B—Program Requirements,
Restrictions, and Limitations
SEC. 211. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
PROTOTYPE PROJECTS.
Section 2371b of title 10, United States Code, is amended—
(1) in subsection (a)(2)—
(A) in subparagraph (A), in the matter before clause
(i), by striking ‘‘(for a prototype project)’’ and inserting
‘‘for a prototype project, and any follow-on production con-
tract or transaction that is awarded pursuant to subsection
(f),’’;
(B) in subparagraph (B)—
(i) in the matter before clause (i), by striking ‘‘(for
a prototype project)’’ and inserting ‘‘for a prototype
project, and any follow-on production contract or trans-
action that is awarded pursuant to subsection (f),’’;
and
(ii) in clause (i), in the matter before subclause
dkrause on DSKBC28HB2PROD with PUBLAWS
(I), by striking ‘‘Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics’’ and inserting ‘‘Under
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00040 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1675
Secretary of Defense for Research and Engineering
or the Under Secretary of Defense for Acquisition and
Sustainment’’;
(C) in paragraph (3), by striking ‘‘Under Secretary
of Defense for Acquisition, Technology, and Logistics’’ and
inserting ‘‘Under Secretaries of Defense’’;
(2) in subsection (b)(2), by inserting ‘‘the prototype’’ after
‘‘carry out’’; and
(3) in subsection (f)—
(A) by redesignating paragraph (3) as paragraph (5);
and
(B) by inserting after paragraph (2) the following new
paragraphs:
‘‘(3) A follow-on production contract or transaction may be
awarded, pursuant to this subsection, when the Department deter-
mines that an individual prototype or prototype subproject as part
of a consortium is successfully completed by the participants.
‘‘(4) Award of a follow-on production contract or transaction
pursuant to the terms under this subsection is not contingent
upon the successful completion of all activities within a consortium
as a condition for an award for follow-on production of a successfully
completed prototype or prototype subproject within that consor-
tium.’’.
SEC. 212. EXTENSION OF DIRECTED ENERGY PROTOTYPE AUTHORITY.
Section 219(c)(4) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2431 note)
is amended—
(1) in subparagraph (A), by striking ‘‘Except as provided
in subparagraph (B)’’ and inserting ‘‘Except as provided in
subparagraph (C)’’;
(2) by redesignating subparagraph (B) as subparagraph
(C);
(3) by inserting after subparagraph (A) the following:
‘‘(B) Except as provided in subparagraph (C) and subject
to the availability of appropriations for such purpose, of the
funds authorized to be appropriated by the National Defense
Authorization Act for Fiscal Year 2019 or otherwise made avail-
able for fiscal year 2019 for research, development, test, and
evaluation, defense-wide, up to $100,000,000 may be available
to the Under Secretary to allocate to the military departments,
the defense agencies, and the combatant commands to carry
out the program established under paragraph (1).’’; and
(4) in subparagraph (C), as so redesignated, by striking
‘‘made available under subparagraph (A)’’ and inserting ‘‘made
available under subparagraph (A) or subparagraph (B)’’.
SEC. 213. PROHIBITION ON AVAILABILITY OF FUNDS FOR THE
WEATHER COMMON COMPONENT PROGRAM.
(a) PROHIBITION.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal year
2019 for research, development, test, and evaluation, Air Force,
for weather service (PE 0305111F, Project 672738) for product
development, test and evaluation, and management services associ-
ated with the Weather Common Component program may be obli-
dkrause on DSKBC28HB2PROD with PUBLAWS
gated or expended.
(b) REPORT REQUIRED.—
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00041 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1676 PUBLIC LAW 115–232—AUG. 13, 2018
(1) IN GENERAL.—The Secretary of the Air Force shall
submit to the congressional defense committees a report on
technologies and capabilities that—
(A) provide real-time or near real-time meteorological
situational awareness data through the use of sensors
installed on manned and unmanned aircraft; and
(B) were developed primarily using funds of the Depart-
ment of Defense.
(2) ELEMENTS.—The report under paragraph (1) shall
include—
(A) a description of all technologies and capabilities
described in paragraph (1) that exist as of the date on
which the report is submitted;
(B) a description of any testing activities that have
been completed for such technologies and capabilities, and
the results of those testing activities;
(C) the total amount of funds used by the Department
of Defense for the development of such technologies and
capabilities;
(D) a list of capability gaps or shortfalls in any major
commands of the Air Force relating to the gathering, proc-
essing, exploitation, and dissemination of real-time or near
real-time meteorological situational awareness data for
unmanned systems;
(E) an explanation of how such gaps or shortfalls may
be remedied to supplement the weather forecasting
capabilities of the Air Force and to enhance the efficiency
or effectiveness of combat air power; and
(F) a plan for fielding existing technologies and
capabilities to mitigate such gaps or shortfalls.
SEC. 214. LIMITATION ON AVAILABILITY OF FUNDS FOR F–35 CONTIN-
UOUS CAPABILITY DEVELOPMENT AND DELIVERY.
(a) LIMITATION.—Except as provided in subsection (b), of the
funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2019 for the F–35 continuous capability
development and delivery program, not more than 75 percent may
be obligated or expended until a period of 15 days has elapsed
following the date on which the Secretary of Defense submits to
the congressional defense committees a detailed cost estimate and
baseline schedule for the program, which shall include any informa-
tion required for a major defense acquisition program under section
2435 of title 10, United States Code.
(b) EXCEPTION.—The limitation in subsection (a) does not apply
to any funds authorized to be appropriated or otherwise made
available for the development of the F–35 dual capable aircraft
capability.
SEC. 215. LIMITATION ON AVAILABILITY OF FUNDS PENDING REPORT
ON AGILE SOFTWARE DEVELOPMENT AND SOFTWARE
OPERATIONS.
(a) LIMITATION.—Of the of funds described in subsection (d),
not more than 80 percent may be obligated or expended until
a period of 30 days has elapsed following the date on which the
Secretary of the Air Force submits the report required under sub-
section (b).
dkrause on DSKBC28HB2PROD with PUBLAWS
(b) REPORT.—Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Air Force, in consultation
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00042 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1677
with the Director of Defense Pricing/Defense Procurement and
Acquisition Policy and the Director of the Defense Digital Service,
shall submit to the congressional defense committees a report that
includes a description of each of the following:
(1) How cost estimates in support of modernization and
upgrade activities for Air and Space Operations Centers are
being conducted and using what methods.
(2) The contracting strategy and types of contracts being
used to execute Agile Software Development and Software
Operations (referred to in this section as ‘‘Agile DevOps’’) activi-
ties.
(3) How intellectual property ownership issues associated
with software applications developed with Agile DevOps proc-
esses will be addressed to ensure future sustainment, mainte-
nance, and upgrades to software applications after the applica-
tions are fielded.
(4) A description of the tools and software applications
that have been developed for the Air and Space Operations
Centers and the costs and cost categories associated with each.
(5) Challenges the Air Force has faced in executing acquisi-
tion activities modernizing the Air and Space Operations Cen-
ters and how the Air Force plans to address the challenges
identified.
(6) The Secretary’s strategy for ensuring that software
applications developed for Air Operations Centers are
transportable and translatable among all the Centers to avoid
any duplication of efforts.
(c) REVIEW.—Before submitting the report under subsection
(b), the Secretary of the Air Force shall ensure that the report
is reviewed and approved by the Director of Defense Pricing/Defense
Procurement and Acquisition Policy.
(d) FUNDS DESCRIBED.—The funds described in this subsection
are the following:
(1) Funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2019 for research,
development, test, and evaluation, Air Force, for Air and Space
Operations Centers (PE 0207410F, Project 674596).
(2) Funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2019 for other procure-
ment, Air Force, for Air and Space Operations Centers.
SEC. 216. LIMITATION ON AVAILABILITY OF FUNDS FOR CERTAIN HIGH
ENERGY LASER ADVANCED TECHNOLOGY.
(a) LIMITATION.—Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2019 for
the Department of Defense for High Energy Laser Advanced Tech-
nology (PE 0603924D8Z), not more than 50 percent may be obligated
or expended until the date on which the Secretary of Defense
submits to the congressional defense committees a roadmap and
detailed assessment of the high energy laser programs of the
Department of Defense, which shall include plans for coordination
across the Department and transition to programs of record.
(b) RULE OF CONSTRUCTION.—The limitation in subsection (a)
shall not be construed to apply to any other high energy laser
dkrause on DSKBC28HB2PROD with PUBLAWS
program of the Department of Defense other than the program
element specified in such subsection.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00043 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1678 PUBLIC LAW 115–232—AUG. 13, 2018
SEC. 217. PLAN FOR THE STRATEGIC CAPABILITIES OFFICE OF THE
DEPARTMENT OF DEFENSE.
(a) PLAN REQUIRED.—Not later than March 1, 2019, the Sec-
retary of Defense, acting through the Under Secretary of Defense
for Research and Engineering, shall submit to the congressional
defense committees a plan—
(1) to eliminate the Strategic Capabilities Office of the
Department of Defense by not later than October 1, 2020;
(2) to transfer the functions of the Strategic Capabilities
Office to another organization or element of the Department
by not later than October 1, 2020; or
(3) to retain the Strategic Capabilities Office.
(b) ELEMENTS.—The plan required under subsection (a) shall
include the following:
(1) A timeline for the potential elimination, transfer, or
retention of some or all of the activities, functions, programs,
plans, and resources of the Strategic Capabilities Office.
(2) A strategy for mitigating risk to the programs of the
Strategic Capabilities Office.
(3) A strategy for implementing the lessons learned and
best practices of the Strategic Capabilities Office across the
organizations and elements of the Department of Defense to
promote enterprise-wide innovation.
(4) An assessment of the transition outcomes, research
portfolio, and mission accomplishment in the key functions
of the Strategic Capabilities Office described in subsection (c).
(5) An assessment of the relationship of the Strategic
Capabilities Office with—
(A) the acquisition and rapid capabilities programs
of the military departments;
(B) Department laboratories;
(C) the Defense Advanced Research Projects Agency;
and
(D) other research and development activities.
(6) Assessment of management and bureaucratic challenges
to the effective and efficient execution of the Strategic Capabili-
ties Office missions, especially with respect to contracting and
personnel management.
(c) KEY FUNCTIONS DESCRIBED.—The key functions described
in this subsection are the following:
(1) Repurposing existing Government and commercial sys-
tems for new technological advantage.
(2) Developing novel concepts of operation that are lower
cost, more effective, and more responsive to changing threats
than traditional concepts of operation.
(3) Developing joint systems and concepts of operations
to meet emerging threats and military requirements based
on partnerships with the military departments and combatant
commanders.
(4) Developing prototypes and new concepts of operations
that can inform the development of requirements and the
establishment of acquisition programs.
(d) FORM OF PLAN.—The plan required under subsection (a)
dkrause on DSKBC28HB2PROD with PUBLAWS
shall be submitted in unclassified form, but may include a classified
annex.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00044 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1679
SEC. 218. NATIONAL DEFENSE SCIENCE AND TECHNOLOGY STRATEGY.
(a) ANNUAL STRATEGY.—
(1) IN GENERAL.—Not later than February 4, 2019, the
Secretary of Defense shall develop a strategy—
(A) to articulate the science and technology priorities,
goals, and investments of the Department of Defense; and
(B) to make recommendations on the future of the
defense research and engineering enterprise and its contin-
ued success in an era of strategic competition.
(2) ELEMENTS.—The strategy required by paragraph (1)
shall—
(A) be aligned with the National Defense Strategy and
Governmentwide strategic science and technology prior-
ities, including the defense budget priorities of the Office
of Science and Technology Policy of the President;
(B) link the priorities, goals, and outcomes in para-
graph (1)(A) with needed critical enablers to specific pro-
grams, or broader portfolios, including—
(i) personnel and workforce capabilities;
(ii) facilities for research and test infrastructure;
(iii) relationships with academia, the acquisition
community, the operational community, and the
commercial sector; and
(iv) funding, investments, personnel, facilities, and
relationships with departments, agencies, or other Fed-
eral entities outside the Department of Defense with-
out which defense capabilities would be severely
degraded;
(C) evaluate the coordination of acquisition priorities,
programs, and timelines of the Department with the activi-
ties of the defense research and engineering enterprise;
and
(D) include recommendations for changes in authori-
ties, regulations, policies, or any other relevant areas, that
would support the achievement of the goals set forth in
the strategy.
(3) ANNUAL UPDATES.—Not less frequently than once each
year, the Secretary shall revise and update the strategy
required by paragraph (1).
(4) ANNUAL REPORTS.—(A) Not later than February 4, 2019,
and not less frequently than once each year thereafter through
December 31, 2021, the Secretary shall submit to the congres-
sional defense committees the strategy required by paragraph
(1), as may be revised and updated in accordance with para-
graph (3).
(B) The reports submitted pursuant to subparagraph (A)
shall be submitted in unclassified form, but may include a
classified annex.
(5) BRIEFING.—Not later than 14 days after the date on
which the strategy under paragraph (1) is completed, the Sec-
retary shall provide to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives a briefing on the implementation of the
strategy.
(6) DESIGNATION.—The strategy developed under paragraph
dkrause on DSKBC28HB2PROD with PUBLAWS
(1) shall be known as the ‘‘National Defense Science and Tech-
nology Strategy’’.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00045 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1680 PUBLIC LAW 115–232—AUG. 13, 2018
(b) ASSESSMENT AND RECOMMENDATIONS.—
(1) IN GENERAL.—Not later than February 4, 2019, the
Secretary shall submit to the congressional defense committees
a report with an assessment and recommendations on the
future of major elements of the defense research and
engineering enterprise, evaluating warfighting contributions,
portfolio management and coordination, workforce management
including special hiring authorities, facilities and test infra-
structure, relationships with private sector and interagency
partners, and governance, including a comparison with the
enterprises of other countries and the private sector.
(2) MAJOR ELEMENTS OF THE DEFENSE RESEARCH AND
ENGINEERING ENTERPRISE.—The major elements of the defense
research and engineering enterprise referred to in paragraph
(1) include the following:
(A) The science and technology elements of the military
departments.
(B) The Department of Defense laboratories.
(C) The test ranges and facilities of the Department.
(D) The Defense Advanced Research Projects Agency
(DARPA).
(E) The Defense Innovation Unit Experimental
(DIU(x)).
(F) The Strategic Capabilities Office of the Department.
(G) The Small Business Innovation Research program
of the Department.
(H) The Small Business Technology Transfer program
of the Department.
(I) Such other elements, offices, programs, and activi-
ties of the Department as the Secretary considers appro-
priate for purposes of the this section.
(3) CONSULTATION AND COMMENTS.—In making rec-
ommendations under paragraph (1), the Secretary shall consult
with and seek comments from groups and entities relevant
to the recommendations, such as the military departments,
the combatant commands, the federally funded research and
development centers (FFRDCs), commercial partners of the
Department (including small business concerns), or any
advisory committee established by the Department that the
Secretary determines is appropriate based on the duties of
the advisory committee and the expertise of its members.
(4) FORM OF SUBMISSION.—The report submitted pursuant
to paragraph (1) shall be submitted in unclassified form, but
may include a classified annex.
SEC. 219. MODIFICATION OF CVN–73 TO SUPPORT FIELDING OF MQ–
25 UNMANNED AERIAL VEHICLE.
The Secretary of the Navy shall—
(1) modify the compartments and infrastructure of the air-
craft carrier designated CVN–73 to support the fielding of
the MQ–25 unmanned aerial vehicle before the date on which
the refueling and complex overhaul of the aircraft carrier is
completed; and
(2) ensure such modification is sufficient to complete the
dkrause on DSKBC28HB2PROD with PUBLAWS
full installation of MQ–25 in no more than a single maintenance
period after such overhaul.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00046 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1681
SEC. 220. ESTABLISHMENT OF INNOVATORS INFORMATION REPOSI- 10 USC 2364
TORY IN THE DEPARTMENT OF DEFENSE. note.
(a) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall, acting
through the Defense Technical Information Center, establish an
innovators information repository within the Department of Defense
in accordance with this section.
(b) MAINTENANCE OF INFORMATION REPOSITORY.—The Under
Secretary of Defense for Research and Engineering shall maintain
the information repository and ensure that it is periodically
updated.
(c) ELEMENTS OF INFORMATION REPOSITORY.—The information
repository established under subsection (a) shall—
(1) be coordinated across the Department of Defense enter-
prise to focus on small business innovators that are small,
independent United States businesses, including those partici-
pating in the Small Business Innovation Research program
or the Small Business Technology Transfer program;
(2) include appropriate information about each participant,
including a description of—
(A) the need or requirement applicable to the partici-
pant;
(B) the participant’s technology with appropriate tech-
nical detail and appropriate protections of proprietary
information or data;
(C) any prior business of the participant with the
Department; and
(D) whether the participant’s technology was incor-
porated into a program of record; and
(3) incorporate the appropriate classification due to com-
pilation of information.
(d) USE OF INFORMATION REPOSITORY.—After the information
repository is established under subsection (a), the Secretary shall
encourage use of the information repository by Department
organizations involved in technology development and protection,
including program offices, before initiating a Request for Informa-
tion or a Request for Proposal to determine whether an organic
technology exists or is being developed currently by a an entity
supported by the Department (which may include a company, aca-
demic consortium, or other entity).
SEC. 221. STRATEGIC PLAN FOR DEPARTMENT OF DEFENSE TEST AND
EVALUATION RESOURCES.
Section 196(d) of title 10, United States Code, is amended—
(1) by amending paragraph (1) to read as follows: ‘‘(1)
Not less often than once every two fiscal years, the Under
Secretary of Defense for Research and Engineering, in coordina-
tion with the Director of the Department of Defense Test
Resources Management Center, the Director of Operational
Test and Evaluation, the Director of the Defense Intelligence
Agency, the Secretaries of the military departments, and the
heads of Defense Agencies with test and evaluation responsibil-
ities, shall complete a strategic plan reflecting the future needs
of the Department of Defense with respect to test and evalua-
dkrause on DSKBC28HB2PROD with PUBLAWS
tion facilities and resources. Each strategic plan shall cover
the period of thirty fiscal years beginning with the fiscal year
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00047 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1682 PUBLIC LAW 115–232—AUG. 13, 2018
in which the plan is submitted under paragraph (3). The stra-
tegic plan shall be based on a comprehensive review of both
funded and unfunded test and evaluation requirements of the
Department, future threats to national security, and the ade-
quacy of the test and evaluation facilities and resources of
the Department to meet those future requirements and
threats.’’; and
(2) in paragraph (2)(C), by striking ‘‘needed to meet such
requirements’’ and inserting ‘‘needed to meet current and future
requirements based on current and emerging threats’’.
10 USC 2364 SEC. 222. COLLABORATION BETWEEN DEFENSE LABORATORIES,
note. INDUSTRY, AND ACADEMIA; OPEN CAMPUS PROGRAM.
(a) COLLABORATION.—The Secretary of Defense may carry out
activities to prioritize innovative collaboration between Department
of Defense science and technology reinvention laboratories, industry,
and academia.
(b) OPEN CAMPUS PROGRAM.—In carrying out subsection (a),
the Secretary, acting through the Commander of the Air Force
Research Laboratory, the Commander of the Army Research,
Development and Engineering Command, and the Chief of Naval
Research, or such other officials of the Department as the Secretary
considers appropriate, may develop and implement an open campus
program for the Department science and technology reinvention
laboratories which shall be modeled after the open campus program
of the Army Research Laboratory.
SEC. 223. PERMANENT EXTENSION AND CODIFICATION OF AUTHORITY
TO CONDUCT TECHNOLOGY PROTECTION FEATURES
ACTIVITIES DURING RESEARCH AND DEVELOPMENT OF
DEFENSE SYSTEMS.
(a) IN GENERAL.—Chapter 139 of title 10, United States Code,
is amended by inserting before section 2358 the following new
section:
10 USC 2357. ‘‘§ 2357. Technology protection features activities
‘‘(a) ACTIVITIES.—The Secretary of Defense shall carry out
activities to develop and incorporate technology protection features
in a designated system during the research and development phase
of such system.
‘‘(b) COST-SHARING.—Any contract for the design or development
of a system resulting from activities under subsection (a) for the
purpose of enhancing or enabling the exportability of the system,
either for the development of program protection strategies for
the system or the design and incorporation of exportability features
into the system, shall include a cost-sharing provision that requires
the contractor to bear half of the cost of such activities, or such
other portion of such cost as the Secretary considers appropriate
upon showing of good cause.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘designated system’ means any system
(including a major system, as defined in section 2302(5) of
title 10, United States Code) that the Under Secretary of
Defense for Acquisition and Sustainment designates for pur-
poses of this section.
dkrause on DSKBC28HB2PROD with PUBLAWS
‘‘(2) The term ‘technology protection features’ means the
technical modifications necessary to protect critical program
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00048 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1683
information, including anti-tamper technologies and other sys-
tems engineering activities intended to prevent or delay exploi-
tation of critical technologies in a designated system.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 139 of title 10, United States Code, is amended 10 USC 2351
by inserting before the item relating to section 2358 the following prec.
new item:
‘‘2357. Technology protection features activities.’’.
(c) CONFORMING REPEAL.—Section 243 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (10 U.S.C.
2358 note) is repealed.
SEC. 224. CODIFICATION AND REAUTHORIZATION OF DEFENSE
RESEARCH AND DEVELOPMENT RAPID INNOVATION PRO-
GRAM.
(a) CODIFICATION.—
(1) IN GENERAL.—Chapter 139 of title 10, United States
Code, is amended by inserting after section 2359 the following
new section:
‘‘§ 2359a. Defense Research and Development Rapid Innova- 10 USC 2359a.
tion Program
‘‘(a) PROGRAM ESTABLISHED.—(1) The Secretary of Defense shall
establish a competitive, merit-based program to accelerate the
fielding of technologies developed pursuant to phase II Small Busi-
ness Innovation Research Program projects, technologies developed
by the defense laboratories, and other innovative technologies
(including dual use technologies).
‘‘(2) The purpose of this program is to stimulate innovative
technologies and reduce acquisition or lifecycle costs, address tech-
nical risks, improve the timeliness and thoroughness of test and
evaluation outcomes, and rapidly insert such products directly in
support of primarily major defense acquisition programs, but also
other defense acquisition programs that meet critical national secu-
rity needs.
‘‘(b) GUIDELINES.—The Secretary shall issue guidelines for the
operation of the program. At a minimum such guidance shall pro-
vide for the following:
‘‘(1) The issuance of one or more broad agency announce-
ments or the use of any other competitive or merit-based proc-
esses by the Department of Defense for candidate proposals
in support of defense acquisition programs as described in
subsection (a).
‘‘(2) The review of candidate proposals by the Department
of Defense and by each military department and the merit-
based selection of the most promising cost-effective proposals
for funding through contracts, cooperative agreements, and
other transactions for the purposes of carrying out the program.
‘‘(3) The total amount of funding provided to any project
under the program from funding provided under subsection
(d) shall not exceed $3,000,000, unless the Secretary, or the
Secretary’s designee, approves a larger amount of funding for
the project.
dkrause on DSKBC28HB2PROD with PUBLAWS
‘‘(4) No project shall receive more than a total of two
years of funding under the program from funding provided
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00049 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1684 PUBLIC LAW 115–232—AUG. 13, 2018
under subsection (d), unless the Secretary, or the Secretary’s
designee, approves funding for any additional year.
‘‘(5) Mechanisms to facilitate transition of follow-on or cur-
rent projects carried out under the program into defense
acquisition programs, through the use of the authorities of
section 2302e of this title or such other authorities as may
be appropriate to conduct further testing, low rate production,
or full rate production of technologies developed under the
program.
‘‘(6) Projects are selected using merit-based selection proce-
dures and the selection of projects is not subject to undue
influence by Congress or other Federal agencies.
‘‘(c) TREATMENT PURSUANT TO CERTAIN CONGRESSIONAL
RULES.—Nothing in this section shall be interpreted to require
or enable any official of the Department of Defense to provide
funding under this section to any earmark as defined pursuant
to House Rule XXI, clause 9, or any congressionally directed
spending item as defined pursuant to Senate Rule XLIV, paragraph
5.
‘‘(d) FUNDING.—Subject to the availability of appropriations
for such purpose, the amounts authorized to be appropriated for
research, development, test, and evaluation for a fiscal year may
be used for such fiscal year for the program established under
subsection (a).
‘‘(e) TRANSFER AUTHORITY.—(1) The Secretary may transfer
funds available for the program to the research, development, test,
and evaluation accounts of a military department, defense agency,
or the unified combatant command for special operations forces
pursuant to a proposal, or any part of a proposal, that the Secretary
determines would directly support the purposes of the program.
‘‘(2) The transfer authority provided in this subsection is in
addition to any other transfer authority available to the Department
of Defense.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
10 USC 2351 beginning of chapter 139 of such title is amended by inserting
prec. after the item relating to section 2359 the following new item:
‘‘2359a. Defense Research and Development Rapid Innovation Program.’’.
(b) CONFORMING AMENDMENTS.—
(1) REPEAL OF OLD PROVISION.—Section 1073 of the Ike
Skelton National Defense Authorization Act for Fiscal Year
2011 (Public Law 111–383; 10 U.S.C. 2359 note) is hereby
repealed.
(2) REPEAL OF OLD TABLE OF CONTENTS ITEM.—The table
of contents in section 2(b) of such Act is amended by striking
the item relating to section 1073.
10 USC 2358 SEC. 225. PROCEDURES FOR RAPID REACTION TO EMERGING TECH-
note. NOLOGY.
(a) REQUIREMENT TO ESTABLISH PROCEDURES.—Not later than
180 days after the date of the enactment of this Act, the Under
Secretary of Defense for Research and Engineering shall prescribe
procedures for the designation and development of technologies
that are—
(1) urgently needed—
dkrause on DSKBC28HB2PROD with PUBLAWS
(A) to react to a technological development of an
adversary of the United States; or
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00050 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1685
(B) to respond to a significant and urgent emerging
technology; and
(2) not receiving appropriate research funding or attention
from the Department of Defense.
(b) ELEMENTS.—The procedures prescribed under subsection
(a) shall include the following:
(1) A process for streamlined communications between the
Under Secretary, the Joint Chiefs of Staff, the commanders
of the combatant commands, the science and technology execu-
tives within each military department, and the science and
technology community, including—
(A) a process for the commanders of the combatant
commands and the Joint Chiefs of Staff to communicate
their needs to the science and technology community; and
(B) a process for the science and technology community
to propose technologies that meet the needs communicated
by the combatant commands and the Joint Chiefs of Staff.
(2) Procedures for the development of technologies proposed
pursuant to paragraph (1)(B), including—
(A) a process for demonstrating performance of the
proposed technologies on a short timeline;
(B) a process for developing a development strategy
for a technology, including integration into future budget
years; and
(C) a process for making investment determinations
based on information obtained pursuant to subparagraphs
(A) and (B).
(c) BRIEFING.—Not later than 180 days after the date of the
enactment of this Act, the Under Secretary shall provide to the
congressional defense committees a briefing on the procedures
required by subsection (a).
SEC. 226. ACTIVITIES ON IDENTIFICATION AND DEVELOPMENT OF 10 USC 2302
ENHANCED PERSONAL PROTECTIVE EQUIPMENT AGAINST note.
BLAST INJURY.
(a) ACTIVITIES REQUIRED.—During calendar year 2019, the Sec-
retary of the Army shall, in consultation with the Director of
Operational Test and Evaluation, carry out a set of activities to
identify and develop personal equipment to provide enhanced
protection against injuries caused by blasts in combat and training.
(b) ACTIVITIES.—
(1) CONTINUOUS EVALUATION PROCESS.—For purposes of
the activities required by subsection (a), the Secretary shall
establish a process to continuously solicit from government,
industry, academia, and other appropriate entities personal
protective equipment that is ready for testing and evaluation
in order to identify and evaluate equipment or clothing that
is more effective in protecting members of the Armed Forces
from the harmful effects of blast injuries, including traumatic
brain injuries, and would be suitable for expedited procurement
and fielding.
(2) GOALS.—The goals of the activities shall include:
(A) Development of streamlined requirements for
procurement of personal protective equipment.
dkrause on DSKBC28HB2PROD with PUBLAWS
(B) Appropriate testing of personal protective equip-
ment prior to procurement and fielding.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00051 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1686 PUBLIC LAW 115–232—AUG. 13, 2018
(C) Development of expedited mechanisms for deploy-
ment of effective personal protective equipment.
(D) Identification of areas of research in which
increased investment has the potential to improve the
quality of personal protective equipment and the capability
of the industrial base to produce such equipment.
(E) Such other goals as the Secretary considers appro-
priate.
(3) PARTNERSHIPS FOR CERTAIN ASSESSMENTS.—As part of
the activities, the Secretary should continue to establish part-
nerships with appropriate academic institutions for purposes
of assessing the following:
(A) The ability of various forms of personal protective
equipment to protect against common blast injuries,
including traumatic brain injuries.
(B) The value of real-time data analytics to track the
effectiveness of various forms of personal protective equip-
ment to protect against common blast injuries, including
traumatic brain injuries.
(C) The availability of commercial-off the-shelf personal
protective technology to protect against traumatic brain
injury resulting from blasts.
(D) The extent to which the equipment determined
through the assessment to be most effective to protect
against common blast injuries is readily modifiable for
different body types and to provide lightweight material
options to enhance maneuverability.
(c) AUTHORITIES.—In carrying out activities under subsection
(a), the Secretary may use any authority as follows:
(1) Experimental procurement authority under section 2373
of title 10, United States Code.
(2) Other transactions authority under section 2371 and
2371b of title 10, United States Code.
(3) Authority to award technology prizes under section
2374a of title 10, United States Code.
(4) Authority under the Defense Acquisition Challenge Pro-
gram under section 2359b of title 10, United States Code.
(5) Any other authority on acquisition, technology transfer,
and personnel management that the Secretary considers appro-
priate.
(d) CERTAIN TREATMENT OF ACTIVITIES.—Any activities under
this section shall be deemed to have been through the use of
competitive procedures for the purposes of section 2304 of title
10, United States Code.
(e) ON-GOING ASSESSMENT FOLLOWING ACTIVITIES.—After the
completion of activities under subsection (a), the Secretary shall,
on an on-going basis, do the following:
(1) Evaluate the extent to which personal protective equip-
ment identified through the activities would—
(A) enhance survivability of personnel from blasts in
combat and training; and
(B) enhance prevention of brain damage, and reduction
of any resultant chronic brain dysfunction, from blasts
in combat and training.
(2) In the case of personal protective equipment so identi-
dkrause on DSKBC28HB2PROD with PUBLAWS
fied that would provide enhancements as described in para-
graph (1), estimate the costs that would be incurred to procure
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00052 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1687
such enhanced personal protective equipment, and develop a
schedule for the procurement of such equipment.
(3) Estimate the potential health care cost savings that
would occur from expanded use of personal protective equip-
ment described in paragraph (2).
(f) REPORT.—Not later than December 1, 2019, the Secretary
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representa-
tives a report on the activities under subsection (a) as of the
date of the report.
(g) FUNDING.—Of the amount authorized to be appropriated
for fiscal year 2019 by this Act for research, development, test,
and evaluation, as specified in the funding tables in division D,
$10,000,000 may be used to carry out this section.
SEC. 227. HUMAN FACTORS MODELING AND SIMULATION ACTIVITIES. 10 USC 2358
note.
(a) ACTIVITIES REQUIRED.—The Secretary of Defense shall
develop and provide for the carrying out of human factors modeling
and simulation activities designed to do the following:
(1) Provide warfighters and civilians with personalized
assessment, education, and training tools.
(2) Identify and implement effective ways to interface and
team warfighters with machines.
(3) Result in the use of intelligent, adaptive augmentation
to enhance decision making.
(4) Result in the development of techniques, technologies,
and practices to mitigate critical stressors that impede
warfighter and civilian protection, sustainment, and perform-
ance.
(b) PURPOSE.—The overall purpose of the activities shall be
to accelerate research and development that enhances capabilities
for human performance, human-systems integration, and training
for the warfighter.
(c) PARTICIPANTS IN ACTIVITIES.—Participants in the activities
may include the following:
(1) Elements of the Department of Defense engaged in
science and technology activities.
(2) Program Executive Offices of the Department.
(3) Academia.
(4) The private sector.
(5) Such other participants as the Secretary considers
appropriate.
SEC. 228. EXPANSION OF MISSION AREAS SUPPORTED BY MECHANISMS
FOR EXPEDITED ACCESS TO TECHNICAL TALENT AND
EXPERTISE AT ACADEMIC INSTITUTIONS.
Section 217(e) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2358 note) is
amended—
(1) by redesignating paragraph (23) as paragraph (27);
and
(2) by inserting after paragraph (22) the following new
paragraphs:
‘‘(23) Space.
‘‘(24) Infrastructure resilience.
dkrause on DSKBC28HB2PROD with PUBLAWS
‘‘(25) Photonics.
‘‘(26) Autonomy.’’.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00053 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1688 PUBLIC LAW 115–232—AUG. 13, 2018
10 USC 2521 SEC. 229. ADVANCED MANUFACTURING ACTIVITIES.
note.
(a) DESIGNATION.—The Under Secretary of Defense for Acquisi-
tion and Sustainment and the Under Secretary of Defense for
Research and Engineering shall jointly, in coordination with Secre-
taries of the military departments, establish at least one activity
per military service to demonstrate advanced manufacturing tech-
niques and capabilities at depot-level activities or military arsenal
facilities of the military departments.
(b) PURPOSES.—The activities established pursuant to sub-
section (a) shall—
(1) support efforts to implement advanced manufacturing
techniques and capabilities;
(2) identify improvements to sustainment methods for
component parts and other logistics needs;
(3) identify and implement appropriate information security
protections to ensure security of advanced manufacturing;
(4) aid in the procurement of advanced manufacturing
equipment and support services;
(5) enhance partnerships between the defense industrial
base and Department of Defense laboratories, academic institu-
tions, and industry; and
(6) to the degree practicable, include an educational or
training component to build an advanced manufacturing
workforce.
(c) COOPERATIVE AGREEMENTS AND PARTNERSHIPS.—
(1) IN GENERAL.—The Under Secretaries may enter into
a cooperative agreement and use public-private and public-
public partnerships to facilitate development of advanced manu-
facturing techniques in support of the defense industrial base.
(2) REQUIREMENTS.—A cooperative agreement entered into
under paragraph (1) and a partnership used under such para-
graph shall facilitate—
(A) development and implementation of advanced
manufacturing techniques and capabilities;
(B) appropriate sharing of information in the adapta-
tion of advanced manufacturing, including technical data
rights;
(C) implementation of appropriate information security
protections into advanced manufacturing tools and tech-
niques; and
(D) support of necessary workforce development.
(d) AUTHORITIES.—In carrying out this section, the Under Secre-
taries may use the following authorities:
(1) Section 2196 of title 10, United States Code, relating
to the Manufacturing Engineering Education Program.
(2) Section 2368 of such title, relating to centers for science,
technology, and engineering partnership.
(3) Section 2374a of such title, relating to prizes for
advanced technology achievements.
(4) Section 2474 of such title, relating to centers of indus-
trial and technical excellence.
(5) Section 2521 of such title, relating to the Manufacturing
Technology Program.
(6) Section 12 of the Stevenson-Wydler Technology Innova-
tion Act of 1980 (15 U.S.C. 3710a) and section 6305 of title
dkrause on DSKBC28HB2PROD with PUBLAWS
31, United States Code, relating to cooperative research and
development agreements.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00054 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1689
(7) Such other authorities as the Under Secretaries con-
siders appropriate.
SEC. 230. NATIONAL SECURITY INNOVATION ACTIVITIES. 10 USC 2358
note.
(a) ESTABLISHMENT.—The Under Secretary of Defense for
Research and Engineering shall establish activities to develop inter-
action between the Department of Defense and the commercial
technology industry and academia with regard to emerging hard-
ware products and technologies with national security applications.
(b) ELEMENTS.—The activities required by subsection (a) shall
include the following:
(1) Informing and encouraging private investment in spe-
cific hardware technologies of interest to future defense tech-
nology needs with unique national security applications.
(2) Funding research and technology development in hard-
ware-intensive capabilities that private industry has not suffi-
ciently supported to meet rapidly emerging defense and
national security needs.
(3) Contributing to the development of policies, policy
implementation, and actions to deter strategic acquisition of
industrial and technical capabilities in the private sector by
foreign entities that could potentially exclude companies from
participating in the Department of Defense technology and
industrial base.
(4) Identifying promising emerging technology in industry
and academia for the Department of Defense for potential sup-
port or research and development cooperation.
(c) TRANSFER OF PERSONNEL AND RESOURCES.—
(1) IN GENERAL.—Subject to paragraph (2), the Under Sec-
retary may transfer such personnel, resources, and authorities
that are under the control of the Under Secretary as the Under
Secretary considers appropriate to carry out the activities estab-
lished under subsection (a) from other elements of the Depart-
ment under the control of the Under Secretary or upon approval
of the Secretary of Defense.
(2) CERTIFICATION.—The Under Secretary may only make
a transfer of personnel, resources, or authorities under para-
graph (1) upon certification by the Under Secretary that the
activities established under paragraph (a) can attract sufficient
private sector investment, has personnel with sufficient tech-
nical and management expertise, and has identified relevant
technologies and systems for potential investment in order to
carry out the activities established under subsection (a), inde-
pendent of further government funding beyond this authoriza-
tion.
(d) ESTABLISHMENT OF NONPROFIT ENTITY.—The Under Sec-
retary may establish or fund a nonprofit entity to carry out the
program activities under subsection (a).
(e) PLAN.—
(1) IN GENERAL.—Not later than one year after the date
of the enactment of this Act, the Under Secretary shall submit
to the congressional defense committees a detailed plan to
carry out this section.
(2) ELEMENTS.—The plan required by paragraph (1) shall
include the following:
dkrause on DSKBC28HB2PROD with PUBLAWS
(A) A description of the additional authorities needed
to carry out the activities set forth in subsection (b).
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00055 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1690 PUBLIC LAW 115–232—AUG. 13, 2018
(B) Plans for transfers under subsection (c), including
plans for private fund-matching and investment mecha-
nisms, oversight, treatment of rights relating to technical
data developed, and relevant dates and goals of such trans-
fers.
(C) Plans for attracting the participation of the
commercial technology industry and academia and how
those plans fit into the current Department of Defense
research and engineering enterprise.
(f) AUTHORITIES.—In carrying out this section, the Under Sec-
retary may use the following authorities:
(1) Section 1711 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115–91), relating to a
pilot program on strengthening manufacturing in the defense
industrial base.
(2) Section 1599g of title 10 of the United States Code,
relating to public-private talent exchanges.
(3) Section 2368 of such title, relating to Centers for
Science, Technology, and Engineering Partnerships.
(4) Section 2374a of such title, relating to prizes for
advanced technology achievements.
(5) Section 2474 of such title, relating to Centers of Indus-
trial and Technical Excellence.
(6) Section 2521 of such title, relating to the Manufacturing
Technology Program.
(7) Subchapter VI of chapter 33 of title 5, United States
Code, relating to assignments to and from States.
(8) Chapter 47 of such title, relating to personnel research
programs and demonstration projects.
(9) Section 12 of the Stevenson-Wydler Technology Innova-
tion Act of 1980 (15 U.S.C. 3710a) and section 6305 of title
31, United States Code, relating to cooperative research and
development agreements.
(10) Such other authorities as the Under Secretary con-
siders appropriate.
(g) NOTICE REQUIRED.—Not later than 15 days before the date
on which the Under Secretary first exercises the authority granted
under subsection (d) and not later than 15 days before the date
on which the Under Secretary first obligates or expends any amount
authorized under subsection (h), the Under Secretary shall notify
the congressional defense committees of such exercise, obligation,
or expenditure, as the case may be.
(h) FUNDING.—Of the amount authorized to be appropriated
for fiscal year 2019 for the Department of Defense by section 201
and subject to the availability of appropriations, up to $75,000,000
may be available to carry out this section.
SEC. 231. PARTNERSHIP INTERMEDIARIES FOR PROMOTION OF
DEFENSE RESEARCH AND EDUCATION.
Section 2368 of title 10, United States Code, is amended—
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new sub-
section (f):
‘‘(f) USE OF PARTNERSHIP INTERMEDIARIES TO PROMOTE
dkrause on DSKBC28HB2PROD with PUBLAWS
DEFENSE RESEARCH AND EDUCATION.—(1) Subject to the approval
of the Secretary or the head of the another department or agency
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00056 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1691
of the Federal Government concerned, the Director of a Center
may enter into a contract, memorandum of understanding or other
transition with a partnership intermediary that provides for the
partnership intermediary to perform services for the Department
of Defense that increase the likelihood of success in the conduct
of cooperative or joint activities of the Center with industry or
academic institutions.
‘‘(2) In this subsection, the term ‘partnership intermediary’
means an agency of a State or local government, or a nonprofit
entity owned in whole or in part by, chartered by, funded in whole
or in part by, or operated in whole or in part by or on behalf
of a State or local government, that assists, counsels, advises,
evaluates, or otherwise cooperates with industry or academic
institutions that need or can make demonstrably productive use
of technology-related assistance from a Center.’’.
SEC. 232. LIMITATION ON USE OF FUNDS FOR SURFACE NAVY LASER
WEAPON SYSTEM.
(a) LIMITATION.—None of the funds authorized to be appro-
priated or otherwise made available by this Act may be used to
exceed, in fiscal year 2019, a procurement quantity of one Surface
Navy Laser Weapon System, also known as the High Energy Laser
and Integrated Optical-dazzler with Surveillance (HELIOS), unless
the Secretary of the Navy submits to the congressional defense
committees a report on such system with the elements set forth
in subsection (b).
(b) ELEMENTS.—The elements set forth in this subsection are,
with respect to the system described in subsection (a), the following:
(1) A document setting forth the requirements for the
system, including desired performance characteristics.
(2) An acquisition plan that includes the following:
(A) A program schedule to accomplish design comple-
tion, technology maturation, risk reduction, and other
activities, including dates of key design reviews (such as
Preliminary Design Review and Critical Design Review)
and program initiation decision (such as Milestone B) if
applicable.
(B) A contracting strategy, including requests for pro-
posals, the extent to which contracts will be competitively
awarded, option years, option quantities, option prices, and
ceiling prices.
(C) The fiscal years of procurement and delivery for
each engineering development model, prototype, or similar
unit planned to be acquired.
(D) A justification for the fiscal years of procurement
and delivery for each engineering development model,
prototype, or similar unit planned to be acquired.
(3) A test plan and schedule sufficient to achieve oper-
ational effectiveness and operational suitability determinations
(such as Early Operational Capability and Initial Operational
Capability) related to the requirements set forth in paragraph
(1).
(4) Associated funding and item quantities, disaggregated
dkrause on DSKBC28HB2PROD with PUBLAWS
by fiscal year and appropriation, requested in the Fiscal Year
2019 Future Years Defense Program.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00057 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1692 PUBLIC LAW 115–232—AUG. 13, 2018
(5) An estimate of the acquisition costs, including the total
costs for procurement, research, development, test, and evalua-
tion.
SEC. 233. EXPANSION OF COORDINATION REQUIREMENT FOR SUP-
PORT FOR NATIONAL SECURITY INNOVATION AND ENTRE-
PRENEURIAL EDUCATION.
Section 225(e) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2359 note) is
amended by adding at the end the following new paragraphs:
‘‘(16) The National Security Technology Accelerator.
‘‘(17) The I-Corps Program.’’.
10 USC 2358 SEC. 234. DEFENSE QUANTUM INFORMATION SCIENCE AND TECH-
note. NOLOGY RESEARCH AND DEVELOPMENT PROGRAM.
(a) ESTABLISHMENT.—The Secretary of Defense shall carry out
a quantum information science and technology research and
development program.
(b) PURPOSES.—The purposes of the program required by sub-
section (a) are as follows:
(1) To ensure global superiority of the United States in
quantum information science necessary for meeting national
security requirements.
(2) To coordinate all quantum information science and tech-
nology research and development within the Department of
Defense and to provide for interagency cooperation and
collaboration on quantum information science and technology
research and development between the Department of Defense
and other departments and agencies of the United States and
appropriate private sector entities that are involved in quantum
information science and technology research and development.
(3) To develop and manage a portfolio of fundamental and
applied quantum information science and technology and
engineering research initiatives that is stable, consistent, and
balanced across scientific disciplines.
(4) To accelerate the transition and deployment of tech-
nologies and concepts derived from quantum information
science and technology research and development into the
Armed Forces, and to establish policies, procedures, and stand-
ards for measuring the success of such efforts.
(5) To collect, synthesize, and disseminate critical informa-
tion on quantum information science and technology research
and development.
(6) To establish and support appropriate research, innova-
tion, and industrial base, including facilities and infrastructure,
to support the needs of Department of Defense missions and
systems related to quantum information science and technology.
(c) ADMINISTRATION.—In carrying out the program required
by subsection (a), the Secretary shall act through the Under Sec-
retary of Defense for Research and Engineering, who shall supervise
the planning, management, and coordination of the program. The
Under Secretary, in consultation with the Secretaries of the military
departments and the heads of participating Defense Agencies and
other departments and agencies of the United States, shall—
(1) prescribe a set of long-term challenges and a set of
specific technical goals for the program, including—
dkrause on DSKBC28HB2PROD with PUBLAWS
(A) optimization of analysis of national security data
sets;
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00058 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1693
(B) development of defense related quantum computing
algorithms;
(C) design of new materials and molecular functions;
(D) secure communications and cryptography,
including development of quantum communications proto-
cols;
(E) quantum sensing and metrology;
(F) development of mathematics relating to quantum
enhancements to sensing, communications, and computing;
and
(G) processing and manufacturing of low-cost, robust,
and reliable quantum information science and technology-
enabled devices and systems;
(2) develop a coordinated and integrated research and
investment plan for meeting the near-, mid-, and long-term
challenges with definitive milestones while achieving the spe-
cific technical goals that builds upon the Department’s
increased investment in quantum information science and tech-
nology research and development, commercial sector and global
investments, and other United States Government investments
in the quantum sciences;
(3) not later than 180 days after the date of the enactment
of this Act, develop and continuously update guidance, including
classification and data management plans for defense-related
quantum information science and technology activities, and
policies for control of personnel participating on such activities
to minimize the effects of loss of intellectual property in basic
and applied quantum science and information considered sen-
sitive to the leadership of the United States in the field of
quantum information science and technology; and
(4) develop memoranda of agreement, joint funding agree-
ments, and other cooperative arrangements necessary for
meeting the long-term challenges and achieving the specific
technical goals.
(d) REPORT.—
(1) IN GENERAL.—Not later than December 31, 2020, the
Secretary shall submit to the congressional defense committees
a report on the program, in both classified and unclassified
format.
(2) ELEMENTS.—The report required by paragraph (1) shall
include the following:
(A) A description of the knowledge-base of the Depart-
ment with respect to quantum sciences, plans to defend
against quantum based attacks, and any plans of the Sec-
retary to enhance such knowledge-base.
(B) A plan that describes how the Secretary intends
to use quantum sciences for military applications and to
meet other needs of the Department.
(C) An assessment of the efforts of foreign powers
to use quantum sciences for military applications and other
purposes.
(D) A description of activities undertaken consistent
with this section, including funding for activities consistent
with the section.
dkrause on DSKBC28HB2PROD with PUBLAWS
(E) Such other matters as the Secretary considers
appropriate.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00059 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1694 PUBLIC LAW 115–232—AUG. 13, 2018
SEC. 235. JOINT DIRECTED ENERGY TEST ACTIVITIES.
(a) TEST ACTIVITIES.—The Under Secretary of Defense for
Research and Engineering shall, in the Under Secretary’s capacity
as the official with principal responsibility for the development
and demonstration of directed energy weapons for the Department
of Defense pursuant to section 219(a)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10
U.S.C. 2431 note), develop, establish, and coordinate directed energy
testing activities adequate to ensure the achievement by the Depart-
ment of Defense of goals of the Department for developing and
deploying directed energy systems to match national security needs.
(b) ELEMENTS.—The activity established under subsection (a)
shall include the following:
(1) The High Energy Laser System Test Facility of the
Army Test and Evaluation Command.
(2) Such other test resources and activities as the Under
Secretary may designate for purposes of this section.
(c) DESIGNATION.—The test activities established under sub-
section (a) shall be considered part of the Major Range and Test
Facility Base (as defined in 196(i) of title 10, United States Code).
(d) PRIORITIZATION OF EFFORT.—In developing and coordinating
testing activities pursuant to subsection (a), the Under Secretary
shall prioritize efforts consistent with the following:
(1) Paragraphs (2) through (5) of section 219(a) of the
National Defense Authorization Act for Fiscal Year 2017 (10
U.S.C. 2431 note).
(2) Enabling the standardized collection and evaluation
of testing data to establish testing references and benchmarks.
(3) Concentrating sufficient personnel expertise of directed
energy weapon systems in order to validate the effectiveness
of new weapon systems against a variety of targets.
(4) Consolidating modern state-of-the-art testing infrastruc-
ture including telemetry, sensors, and optics to support
advanced technology testing and evaluation.
(5) Formulating a joint lethality or vulnerability informa-
tion repository that can be accessed by any of the military
departments of Defense Agencies, similar to a Joint Munitions
Effectiveness Manuals (JMEMs).
(6) Reducing duplication of directed energy weapon testing.
(7) Ensuring that an adequate workforce and adequate
testing facilities are maintained to support missions of the
Department of Defense.
10 USC 2358 SEC. 236. REQUIREMENT FOR ESTABLISHMENT OF ARRANGEMENTS
note. FOR EXPEDITED ACCESS TO TECHNICAL TALENT AND
EXPERTISE AT ACADEMIC INSTITUTIONS TO SUPPORT
DEPARTMENT OF DEFENSE MISSIONS.
(a) IN GENERAL.—Subsection (a)(1) of section 217 of the
National Defense Authorization Act for Fiscal Year 2018 (Public
Law 115–91; 10 U.S.C. 2358 note) is amended by striking ‘‘and
each secretary of a military department may establish one or more’’
and inserting ‘‘shall, acting through the secretaries of the military
departments, establish not fewer than three’’.
dkrause on DSKBC28HB2PROD with PUBLAWS
(b) EXTENSION.—Subsection (f) of such section is amended by
striking ‘‘September 30, 2020’’ and inserting ‘‘September 30, 2022’’.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00060 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1695
SEC. 237. AUTHORITY FOR JOINT DIRECTED ENERGY TRANSITION
OFFICE TO CONDUCT RESEARCH RELATING TO HIGH POW-
ERED MICROWAVE CAPABILITIES.
Section 219(b)(3) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2431 note)
is amended by inserting ‘‘, including high-powered microwaves,’’
after ‘‘energy systems and technologies’’.
SEC. 238. JOINT ARTIFICIAL INTELLIGENCE RESEARCH, DEVELOP- 10 USC 2358
MENT, AND TRANSITION ACTIVITIES. note.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—The Secretary of Defense shall establish
a set of activities within the Department of Defense to coordi-
nate the efforts of the Department to develop, mature, and
transition artificial intelligence technologies into operational
use.
(2) EMPHASIS.—The set of activities established under para-
graph (1) shall apply artificial intelligence and machine
learning solutions to operational problems and coordinate
activities involving artificial intelligence and artificial intel-
ligence enabled capabilities within the Department.
(b) DESIGNATION.—Not later than one year after the date of
the enactment of this Act, the Secretary shall designate a senior
official of the Department with principal responsibility for the
coordination of activities relating to the development and dem-
onstration of artificial intelligence and machine learning for the
Department.
(c) DUTIES.—The duties of the official designated under sub-
section (b) shall include the following:
(1) STRATEGIC PLAN.—Developing a detailed strategic plan
to develop, mature, adopt, and transition artificial intelligence
technologies into operational use. Such plan shall include the
following:
(A) A strategic roadmap for the identification and
coordination of the development and fielding of artificial
intelligence technologies and key enabling capabilities.
(B) The continuous evaluation and adaptation of rel-
evant artificial intelligence capabilities developed both
inside the Department and in other organizations for mili-
tary missions and business operations.
(2) ACCELERATION OF DEVELOPMENT AND FIELDING OF
ARTIFICIAL INTELLIGENCE.—To the degree practicable, the des-
ignated official shall—
(A) use the flexibility of regulations, personnel, acquisi-
tion, partnerships with industry and academia, or other
relevant policies of the Department to accelerate the
development and fielding of artificial intelligence capabili-
ties;
(B) ensure engagement with defense and private indus-
tries, research universities, and unaffiliated, nonprofit
research institutions;
(C) provide technical advice and support to entities
in the Department and the military departments to opti-
dkrause on DSKBC28HB2PROD with PUBLAWS
mize the use of artificial intelligence and machine learning
technologies to meet Department missions;
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00061 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1696 PUBLIC LAW 115–232—AUG. 13, 2018
(D) support the development of requirements for artifi-
cial intelligence capabilities that address the highest pri-
ority capability gaps of the Department and technical feasi-
bility;
(E) develop and support capabilities for technical anal-
ysis and assessment of threat capabilities based on artificial
intelligence;
(F) ensure that the Department has appropriate
workforce and capabilities at laboratories, test ranges, and
within the organic defense industrial base to support the
artificial intelligence capabilities and requirements of the
Department;
(G) develop classification guidance for all artificial
intelligence related activities of the Department;
(H) work with appropriate officials to develop appro-
priate ethical, legal, and other policies for the Department
governing the development and use of artificial intelligence
enabled systems and technologies in operational situations;
and
(I) ensure—
(i) that artificial intelligence programs of each mili-
tary department and of the Defense Agencies are con-
sistent with the priorities identified under this section;
and
(ii) appropriate coordination of artificial intel-
ligence activities of the Department with interagency,
industry, and international efforts relating to artificial
intelligence, including relevant participation in stand-
ards setting bodies.
(3) GOVERNANCE AND OVERSIGHT OF ARTIFICIAL INTEL-
LIGENCE AND MACHINE LEARNING POLICY.—Regularly convening
appropriate officials across the Department—
(A) to integrate the functional activities of the organiza-
tions and elements of the Department with respect to artifi-
cial intelligence and machine learning;
(B) to ensure there are efficient and effective artificial
intelligence and machine learning capabilities throughout
the Department; and
(C) to develop and continuously improve research,
innovation, policy, joint processes, and procedures to facili-
tate the development, acquisition, integration, advance-
ment, oversight, and sustainment of artificial intelligence
and machine learning throughout the Department.
(d) ACCESS TO INFORMATION.—The Secretary shall ensure that
the official designated under subsection (b) has access to such
information on programs and activities of the military departments
and other Defense Agencies as the Secretary considers appropriate
to carry out the coordination described in subsection (b) and the
duties set forth in subsection (c).
(e) STUDY ON ARTIFICIAL INTELLIGENCE TOPICS.—
(1) IN GENERAL.—Not later than one year after the date
of the enactment of this Act, the official designated under
subsection (b) shall—
(A) complete a study on past and current advances
in artificial intelligence and the future of the discipline,
dkrause on DSKBC28HB2PROD with PUBLAWS
including the methods and means necessary to advance
the development of the discipline, to comprehensively
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00062 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1697
address the national security needs and requirements of
the Department; and
(B) submit to the congressional defense committees
a report on the findings of the designated official with
respect to the study completed under subparagraph (A).
(2) CONSULTATION WITH EXPERTS.—In conducting the study
required by paragraph (1)(A), the designated official shall con-
sult with experts within the Department, other Federal agen-
cies, academia, any advisory committee established by the Sec-
retary that the Secretary determines appropriate based on the
duties of the advisory committee and the expertise of its mem-
bers, and the commercial sector, as the Secretary considers
appropriate.
(3) ELEMENTS.—The study required by paragraph (1)(A)
shall include the following:
(A) A comprehensive and national-level review of—
(i) advances in artificial intelligence, machine
learning, and associated technologies relevant to the
needs of the Department and the Armed Forces; and
(ii) the competitiveness of the Department in artifi-
cial intelligence, machine learning, and such tech-
nologies.
(B) Near-term actionable recommendations to the Sec-
retary for the Department to secure and maintain technical
advantage in artificial intelligence, including ways—
(i) to more effectively organize the Department
for artificial intelligence;
(ii) to educate, recruit, and retain leading talent;
and
(iii) to most effectively leverage investments in
basic and advanced research and commercial progress
in these technologies.
(C) Recommendations on the establishment of Depart-
mentwide data standards and the provision of incentives
for the sharing of open training data, including those rel-
evant for research into systems that integrate artificial
intelligence and machine learning with human teams.
(D) Recommendations for engagement by the Depart-
ment with relevant agencies that will be involved with
artificial intelligence in the future.
(E) Recommendations for legislative action relating to
artificial intelligence, machine learning, and associated
technologies, including recommendations to more effectively
fund and organize the Department.
(f) DELINEATION OF DEFINITION OF ARTIFICIAL INTELLIGENCE.—
Not later than one year after the date of the enactment of this
Act, the Secretary shall delineate a definition of the term ‘‘artificial
intelligence’’ for use within the Department.
(g) ARTIFICIAL INTELLIGENCE DEFINED.—In this section, the
term ‘‘artificial intelligence’’ includes the following:
(1) Any artificial system that performs tasks under varying
and unpredictable circumstances without significant human
oversight, or that can learn from experience and improve
performance when exposed to data sets.
dkrause on DSKBC28HB2PROD with PUBLAWS
(2) An artificial system developed in computer software,
physical hardware, or other context that solves tasks requiring
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00063 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1698 PUBLIC LAW 115–232—AUG. 13, 2018
human-like perception, cognition, planning, learning, commu-
nication, or physical action.
(3) An artificial system designed to think or act like a
human, including cognitive architectures and neural networks.
(4) A set of techniques, including machine learning, that
is designed to approximate a cognitive task.
(5) An artificial system designed to act rationally, including
an intelligent software agent or embodied robot that achieves
goals using perception, planning, reasoning, learning, commu-
nicating, decision making, and acting.
Subtitle C—Reports and Other Matters
SEC. 241. REPORT ON SURVIVABILITY OF AIR DEFENSE ARTILLERY.
(a) REPORT REQUIRED.—Not later than March 1, 2019, the
Secretary of the Army shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
on the efforts of the Army to improve the survivability of air
defense artillery, with a particular focus on the efforts of the Army
to improve passive and active nonkinetic capabilities and training
with respect to such artillery.
(b) ELEMENTS.—The report required under subsection (a) shall
include the following:
(1) An analysis of the utility of relevant passive and active
non-kinetic integrated air and missile defense capabilities,
including tactical mobility, new passive and active sensors,
signature reduction, concealment, and deception systems, and
electronic warfare and high-powered radio frequency systems.
(2) An analysis of the utility of relevant active kinetic
capabilities, such as a new, long-range counter-maneuvering
threat missile and additional indirect fire protection capability
units to defend Patriot and Terminal High Altitude Area
Defense batteries.
(c) FORM OF REPORT.—The report required under subsection
(a) shall be submitted in unclassified form, but may contain a
classified annex.
SEC. 242. T–45 AIRCRAFT PHYSIOLOGICAL EPISODE MITIGATION
ACTIONS.
Section 1063(b) of the National Defense Authorization Act for
Fiscal Year 2018 (131 Stat. 1576; Public Law 115–91) is amended
by adding at the end the following new paragraphs:
‘‘(5) A list of all modifications to the T–45 aircraft and
associated ground equipment carried out during fiscal years
2017 through 2019 to mitigate the risk of physiological episodes
among T–45 crewmembers.
‘‘(6) The results achieved by the modifications listed pursu-
ant to paragraph (5), as determined by relevant testing and
operational activities.
‘‘(7) The cost of the modifications listed pursuant to para-
graph (5).
‘‘(8) Any plans of the Navy for future modifications to
dkrause on DSKBC28HB2PROD with PUBLAWS
the T–45 aircraft that are intended to mitigate the risk of
physiological episodes among T–45 crewmembers.’’.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00064 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1699
SEC. 243. REPORT ON EFFORTS OF THE AIR FORCE TO MITIGATE
PHYSIOLOGICAL EPISODES AFFECTING AIRCRAFT CREW-
MEMBERS.
(a) REPORT REQUIRED.—Not later than March 1, 2019, the
Secretary of the Air Force shall submit to the congressional defense
committees a report on all efforts of the Air Force to reduce the
occurrence of, and mitigate the risk posed by, physiological episodes
affecting crewmembers of covered aircraft.
(b) ELEMENTS.—The report required under subsection (a) shall
include—
(1) information on the rate of physiological episodes
affecting crewmembers of covered aircraft;
(2) a description of the specific actions carried out by the
Air Force to address such episodes, including a description
of any upgrades or other modifications made to covered aircraft
to address such episodes;
(3) schedules and cost estimates for any upgrades or modi-
fications identified under paragraph (3); and
(4) an explanation of any organizational or other changes
to the Air Force carried out to address such physiological epi-
sodes.
(c) COVERED AIRCRAFT DEFINED.—In this section, the term
‘‘covered aircraft’’ means—
(1) F–35A aircraft of the Air Force;
(2) T–6A aircraft of the Air Force; and
(3) any other aircraft of the Air Force as determined by
the Secretary of the Air Force.
SEC. 244. REPORT ON DEFENSE INNOVATION UNIT EXPERIMENTAL.
Not later than May 1, 2019, the Under Secretary of Defense
for Research and Engineering shall submit to the congressional
defense committees a report on Defense Innovation Unit Experi-
mental (in this section referred to as the ‘‘Unit’’). Such a report
shall include the following:
(1) The integration of the Unit into the broader Department
of Defense research and engineering community to coordinate
and de-conflict activities of the Unit with similar activities
of the military departments, Defense Agencies, Department
of Defense laboratories, the Defense Advanced Research Project
Agency, the Small Business Innovation Research Program, and
other entities.
(2) The metrics used to measure the effectiveness of the
Unit and the results of these metrics.
(3) The number and types of transitions by the Unit to
the military departments or fielded to the warfighter.
(4) The impact of the Unit’s initiatives, outreach, and
investments on Department of Defense access to technology
leaders and technology not otherwise accessible to the Depart-
ment including—
(A) identification of—
(i) the number of non-traditional defense contrac-
tors with Department of Defense contracts or other
transactions resulting directly from the Unit’s initia-
tives, investments, or outreach; and
(ii) the number of traditional defense contractors
dkrause on DSKBC28HB2PROD with PUBLAWS
with contracts or other transactions resulting directly
from the Unit’s initiatives;
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00065 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1700 PUBLIC LAW 115–232—AUG. 13, 2018
(B) the number of innovations delivered into the hands
of the warfighter; and
(C) how the Department is notifying its internal compo-
nents about participation in the Unit.
(5) The workforce strategy of the Unit, including whether
the Unit has appropriate personnel authorities to attract and
retain talent with technical and business expertise.
(6) How the Department of Defense is documenting and
institutionalizing lessons learned and best practices of the Unit
to alleviate the systematic problems with technology access
and timely contract or other transaction execution.
(7) An assessment of management and bureaucratic chal-
lenges to the effective and efficient execution of the Unit’s
missions, especially with respect to contracting and personnel
management.
SEC. 245. MODIFICATION OF FUNDING CRITERIA UNDER HISTORI-
CALLY BLACK COLLEGES AND UNIVERSITIES AND
MINORITY INSTITUTIONS PROGRAM.
Section 2362(d) of title 10, United States Code, is amended—
(1) in the subsection heading, by striking ‘‘PRIORITY’’ and
inserting ‘‘CRITERIA’’; and
(2) by striking ‘‘give priority in providing’’ and inserting
‘‘limit’’.
SEC. 246. REPORT ON OA–X LIGHT ATTACK AIRCRAFT APPLICABILITY
TO PARTNER NATION SUPPORT.
(a) REPORT REQUIRED.—Not later than February 1, 2019, the
Secretary of the Air Force shall submit to the congressional defense
committees a report on the OA–X light attack aircraft experiment
and how the program incorporates partner nation requirements.
(b) ELEMENTS.—The report under subsection (a) shall include
a description of—
(1) how the OA–X light attack experiment will support
partner nations’ low-cost counter terrorism light attack capa-
bility;
(2) the extent to which the attributes of affordability, inter-
operability, sustainability, and simplicity of maintenance and
operations are included in the requirements for the OA–X;
and
(3) how Federal Aviation Administration certification and
a reasonable path for military type certifications for commercial
derivative aircraft are factored into foreign military sales for
a partner nation.
SEC. 247. REPORTS ON COMPARATIVE CAPABILITIES OF ADVERSARIES
IN KEY TECHNOLOGY AREAS.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall, in
coordination with the Director of the Defense Intelligence Agency,
submit to the appropriate committees of Congress a set of classified
reports that set forth a direct comparison between the capabilities
of the United States in emerging technology areas and the capabili-
ties of adversaries of the United States in such areas.
(b) ELEMENTS.—The reports required by subsection (a) shall
include, for each technology area covered, the following:
dkrause on DSKBC28HB2PROD with PUBLAWS
(1) An evaluation of spending by the United States and
adversaries on such technology.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00066 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1701
(2) An evaluation of the quantity and quality of research
on such technology.
(3) An evaluation of the test infrastructure and workforce
supporting such technology.
(4) An assessment of the technological progress of the
United States and adversaries on such technology.
(5) Descriptions of timelines for operational deployment
of such technology.
(6) An assessment of the intent or willingness of adver-
saries to use such technology.
(c) TECHNICAL AREAS.—The Secretary shall ensure that the
reports submitted under subsection (a) cover the following:
(1) Hypersonics.
(2) Artificial intelligence.
(3) Quantum information science.
(4) Directed energy weapons.
(5) Such other emerging technical areas as the Secretary
considers appropriate.
(d) COORDINATION.—The Secretary shall prepare the reports
in coordination with other appropriate officials of the intelligence
community and with such other partners in the technology areas
covered by the reports as the Secretary considers appropriate.
(e) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Committee on Armed Services and the Select Com-
mittee on Intelligence of the Senate; and
(2) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of Representa-
tives.
SEC. 248. REPORT ON ACTIVE PROTECTION SYSTEMS FOR ARMORED
COMBAT AND TACTICAL VEHICLES.
(a) REPORT REQUIRED.—Not later than 60 days after the date
of the enactment of this Act, the Secretary of the Army shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on technologies related to
active protection systems (APS) for armored combat and tactical
vehicles.
(b) CONTENTS.—The report required by subsection (a) shall
include the following:
(1) With respect to the active protection systems that the
Army has recently tested on the M1A2 Abrams, the M2A3
Bradley, and the STRYKER, the following:
(A) An assessment of the effectiveness of such systems.
(B) Plans of the Secretary to further test such systems.
(C) Proposals for future development of such systems.
(D) A timeline for fielding such systems.
(2) Plans for how the Army will incorporate active protec-
tion systems into new armored combat and tactical vehicle
designs, such as Mobile Protection Firepower (MPF), Armored
Multi-Purpose Vehicle (AMPV), and Next Generation Combat
Vehicle (NGCV).
SEC. 249. NEXT GENERATION COMBAT VEHICLE.
dkrause on DSKBC28HB2PROD with PUBLAWS
(a) PROTOTYPE.—The Secretary of the Army shall take appro-
priate actions to ensure that all necessary resources are planned
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00067 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1702 PUBLIC LAW 115–232—AUG. 13, 2018
and programmed for accelerated prototyping, component develop-
ment, testing, or acquisition for the Next Generation Combat
Vehicle (NGCV).
(b) REPORT.—
(1) IN GENERAL.—Not later than March 1, 2019, the Sec-
retary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
development of the Next Generation Combat Vehicle.
(2) ANALYSIS.—
(A) IN GENERAL.—The report required by paragraph
(1) shall include a thorough analysis of the requirements
of the Next Generation Combat Vehicle.
(B) RELEVANCE TO NATIONAL DEFENSE STRATEGY.—In
carrying out subparagraph (A), the Secretary shall ensure
that the requirements are relevant to the most recently
published National Defense Strategy.
(C) THREATS AND TERRAIN.—The Secretary shall ensure
that the analysis includes consideration of threats and
terrain.
(D) COMPONENT TECHNOLOGIES.—The Secretary shall
ensure that the analysis includes consideration of the latest
enabling component technologies developed by the Tank
Automotive, Research, Development, Engineering Center
of the Army that have the potential to dramatically change
basic combat vehicle design and improve lethality, protec-
tion, mobility, range, and sustainment.
(c) LIMITATION.—Of the funds authorized to be appropriated
for fiscal year 2019 by section 201 and available for research,
development, testing, and evaluation, Army, for the Next Genera-
tion Combat Vehicle, not more than 90 percent may be obligated
or expended until the Secretary submits the report required by
subsection (b).
SEC. 250. MODIFICATION OF REPORTS ON MECHANISMS TO PROVIDE
FUNDS TO DEFENSE LABORATORIES FOR RESEARCH AND
DEVELOPMENT OF TECHNOLOGIES FOR MILITARY MIS-
SIONS.
Subsection (c) of section 2363 of title 10, United States Code,
is amended to read as follows:
‘‘(c) RELEASE AND DISSEMINATION OF INFORMATION ON CON-
TRIBUTIONS FROM USE OF AUTHORITY TO MILITARY MISSIONS.—
‘‘(1) COLLECTION OF INFORMATION.—The Secretary shall
establish and maintain mechanisms for the continuous collec-
tion of information on achievements, best practices identified,
lessons learned, and challenges arising in the exercise of the
authority in this section.
‘‘(2) RELEASE OF INFORMATION.—The Secretary shall estab-
lish and maintain mechanisms as follows:
‘‘(A) Mechanisms for the release to the public of
information on achievements and best practices described
in paragraph (1) in unclassified form.
‘‘(B) Mechanisms for dissemination to appropriate
civilian and military officials of information on achieve-
dkrause on DSKBC28HB2PROD with PUBLAWS
ments and best practices described in paragraph (1) in
classified form.’’.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00068 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1703
SEC. 251. BRIEFINGS ON MOBILE PROTECTED FIREPOWER AND
FUTURE VERTICAL LIFT PROGRAMS.
(a) IN GENERAL.—Not later than March 1, 2019, the Secretary
of the Army shall provide a briefing to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives on the requirements of the Army
for Mobile Protected Firepower (MPF) and Future Vertical Lift
(FVL).
(b) CONTENTS.—The briefing provided pursuant to subsection
(a) shall include the following:
(1) With respect to the Mobile Protected Firepower pro-
gram, the following:
(A) An explanation of how Mobile Protected Firepower
could survive against the effects of anti-armor and anti-
aircraft networks established within anti-access, area-
denial defenses.
(B) An explanation of how Mobile Protected Firepower
would improve offensive overmatch against a peer
adversary.
(C) Details regarding the total number of Mobile Pro-
tected Firepower systems needed by the Army.
(D) An explanation of how the Mobile Protected Fire-
power system will be logistically supported within light
formations.
(E) Plans to integrate active protection systems into
the designs of the Mobile Protected Firepower program.
(2) With respect to the Future Vertical Lift program, the
following:
(A) An explanation of how Future Vertical Lift could
survive against the effects of anti-aircraft networks estab-
lished within anti-access, area-denial defenses.
(B) An explanation of how Future Vertical Lift would
improve offensive overmatch against a peer adversary.
(C) A review of the doctrine, organization, training,
materiel, leadership, education, personnel, and facilities
applicable to determine the total number of Future Vertical
Lift Capability Set 1 or Future Attack Reconnaissance Air-
craft (FARA), required by the Army.
(D) An implementation plan for the establishment of
Future Vertical Lift, including a timeline for achieving
initial and full operational capability.
(E) A description of the budget requirements for Future
Vertical Lift to reach full operational capability, including
an identification and cost of any infrastructure and equip-
ment requirements.
(F) A detailed list of all analysis used to determine
the priority of Future Vertical Lift and which programs
were terminated, extended, de-scoped, or delayed in order
to fund Future Vertical Lift Capability Set 1 or Future
Attack Reconnaissance Aircraft in the Future Year’s
Defense Plan.
(G) An assessment of the analysis of alternatives on
the Future Vertical Lift Capability Set 3 program.
(H) An identification of any additional authorities that
dkrause on DSKBC28HB2PROD with PUBLAWS
may be required for achieving full operational capability
of Future Vertical Lift.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00069 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1704 PUBLIC LAW 115–232—AUG. 13, 2018
(I) Any other matters deemed relevant by the Sec-
retary.
SEC. 252. IMPROVEMENT OF THE AIR FORCE SUPPLY CHAIN.
(a) IN GENERAL.—The Assistant Secretary of the Air Force
for Acquisition, Technology, and Logistics may use funds described
in subsection (b) as follows:
(1) For nontraditional technologies and sustainment prac-
tices (such as additive manufacturing, artificial intelligence,
predictive maintenance, and other software-intensive and soft-
ware-defined capabilities) to—
(A) increase the availability of aircraft to the Air Force;
and
(B) decrease backlogs and lead times for the production
of parts for such aircraft.
(2) To advance the qualification, certification, and integra-
tion of additive manufacturing into the Air Force supply chain.
(3) To otherwise identify and reduce supply chain risk
for the Air Force.
(4) To define workforce development requirements and
training for personnel who implement and support additive
manufacturing for the Air Force at the warfighter, end-item
designer and equipment operator, and acquisition officer levels.
(b) FUNDING.—Of the amounts authorized to be appropriated
for fiscal year 2019 by section 201 for research, development, test,
and evaluation for the Air Force and available for Tech Transition
Program (Program Element (0604858F)), up to $42,800,000 may
be available as described in subsection (a).
10 USC 2001 SEC. 253. REVIEW OF GUIDANCE ON BLAST EXPOSURE DURING
note prec. TRAINING.
(a) INITIAL REVIEW.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall review
the decibel level exposure, concussive effects exposure, and the
frequency of exposure to heavy weapons fire of an individual during
training exercises to establish appropriate limitations on such expo-
sures.
(b) ELEMENTS.—The review required by subsection (a) shall
take into account current data and evidence on the cognitive effects
of blast exposure and shall include consideration of the following:
(1) The impact of exposure over multiple successive days
of training.
(2) The impact of multiple types of heavy weapons being
fired in close succession.
(3) The feasibility of cumulative annual or lifetime exposure
limits.
(4) The minimum safe distance for observers and instruc-
tors.
(c) UPDATED TRAINING GUIDANCE.—Not later than 180 days
after the date of the completion of the review under subsection
(a), each Secretary of a military department shall update any rel-
evant training guidance to account for the conclusions of the review.
(d) UPDATED REVIEW.—
(1) IN GENERAL.—Not later than two years after the initial
review conducted under subsection (a), and not later than two
dkrause on DSKBC28HB2PROD with PUBLAWS
years thereafter, the Secretary of Defense shall conduct an
updated review under such subsection, including consideration
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00070 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1705
of the matters set forth under subsection (b), and update
training guidance under subsection (c).
(2) CONSIDERATION OF NEW RESEARCH AND EVIDENCE.—
Each updated review conducted under paragraph (1) shall take
into account new research and evidence that has emerged since
the previous review.
(e) BRIEFING REQUIRED.—The Secretary of Defense shall brief
the Committees on Armed Services of the Senate and the House
of Representatives on a summary of the results of the initial review
under subsection (a), each updated review conducted under sub-
section (d), and any updates to training guidance and procedures
resulting from any such review or updated review.
SEC. 254. COMPETITIVE ACQUISITION STRATEGY FOR BRADLEY
FIGHTING VEHICLE TRANSMISSION REPLACEMENT.
(a) PLAN REQUIRED.—The Secretary of the Army shall develop
a strategy to competitively procure a new transmission for the
Bradley Fighting Vehicle family of vehicles.
(b) ADDITIONAL STRATEGY REQUIREMENTS.—The plan required
by subsection (a) shall include the following:
(1) An analysis of the potential cost savings and perform-
ance improvements associated with developing or procuring
a new transmission common to the Bradley Fighting Vehicle
family of vehicles, including the Armored Multipurpose Vehicle
and the Paladin Integrated Management artillery system.
(2) A plan to use full and open competition as required
by the Federal Acquisition Regulation.
(c) TIMELINE.—Not later than February 15, 2019, the Secretary
of the Army shall submit to the congressional defense committees
the strategy developed under subsection (a).
(d) LIMITATION.—None of the funds authorized to be appro-
priated for fiscal year 2019 by this Act for Weapons and Tracked
Combat Vehicles, Army, may be obligated or expended to procure
a Bradley Fighting Vehicle replacement transmission until the date
that is 30 days after the date on which the Secretary of the Army
submits to the congressional defense committees the plan required
by subsection (a).
SEC. 255. INDEPENDENT ASSESSMENT OF ELECTRONIC WARFARE
PLANS AND PROGRAMS.
(a) AGREEMENT.—
(1) IN GENERAL.—The Secretary of Defense shall seek to
enter into an agreement with the private scientific advisory
group known as ‘‘JASON’’ to perform the services covered by
this section.
(2) TIMING.—The Secretary shall seek to enter into the
agreement described in paragraph (1) not later than 120 days
after the date of the enactment of this Act.
(b) INDEPENDENT ASSESSMENT.—Under an agreement between
the Secretary and JASON under this section, JASON shall—
(1) assess the strategies, programs, order of battle, and
doctrine of the Department of Defense related to the electronic
warfare mission area and electromagnetic spectrum operations;
(2) assess the strategies, programs, order of battle, and
doctrine of potential adversaries, such as China, Iran, and
the Russian Federation, related to the same;
dkrause on DSKBC28HB2PROD with PUBLAWS
(3) develop recommendations for improvements to the
strategies, programs, and doctrine of the Department of Defense
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00071 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1706 PUBLIC LAW 115–232—AUG. 13, 2018
in order to enable the United States to achieve and maintain
superiority in the electromagnetic spectrum in future conflicts;
and
(4) develop recommendations for the Secretary, Congress,
and such other Federal entities as JASON considers appro-
priate, including recommendations for—
(A) closing technical, policy, or resource gaps;
(B) improving cooperation and appropriate integration
within the Department of Defense entities;
(C) improving cooperation between the United States
and other countries and international organizations as
appropriate; and
(D) such other important matters identified by JASON
that are directly relevant to the strategies of the Depart-
ment of Defense described in paragraph (3).
(c) LIAISONS.—The Secretary shall appoint appropriate liaisons
to JASON to support the timely conduct of the services covered
by this section.
(d) MATERIALS.—The Secretary shall provide access to JASON
to materials relevant to the services covered by this section, con-
sistent with the protection of sources and methods and other criti-
cally sensitive information.
(e) CLEARANCES.—The Secretary shall ensure that appropriate
members and staff of JASON have the necessary clearances,
obtained in an expedited manner, to conduct the services covered
by this section.
(f) REPORT.—Not later than October 1, 2019, the Secretary
shall submit to the congressional defense committees a report on—
(1) the findings of JASON with respect to the assessments
carried out under subsection (b); and
(2) the recommendations developed by JASON pursuant
to such subsection.
(g) ALTERNATE CONTRACT SCIENTIFIC ORGANIZATION.—
(1) IN GENERAL.—If the Secretary is unable within the
period prescribed in paragraph (2) of subsection (a) to enter
into an agreement described in paragraph (1) of such subsection
with JASON on terms acceptable to the Secretary, the Secretary
shall seek to enter into such agreement with another appro-
priate scientific organization that—
(A) is not part of the government; and
(B) has expertise and objectivity comparable to that
of JASON.
(2) TREATMENT.—If the Secretary enters into an agreement
with another organization as described in paragraph (1), any
reference in this section to JASON shall be treated as a ref-
erence to the other organization.
TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B—Energy and Environment
dkrause on DSKBC28HB2PROD with PUBLAWS
Sec. 311. Explosive Ordnance Disposal Defense Program.
Sec. 312. Further improvements to energy security and resilience.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00072 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1707
Sec. 313. Use of proceeds from sales of electrical energy derived from geothermal
resources for projects at military installations where resources are lo-
cated.
Sec. 314. Operational energy policy.
Sec. 315. Funding of study and assessment of health implications of per- and
polyfluoroalkyl substances contamination in drinking water by agency
for toxic substances and disease registry.
Sec. 316. Extension of authorized periods of permitted incidental takings of marine
mammals in the course of specified activities by Department of Defense.
Sec. 317. Department of Defense environmental restoration programs.
Sec. 318. Joint study on the impact of wind farms on weather radars and military
operations.
Sec. 319. Core sampling at Joint Base San Antonio, Texas.
Sec. 320. Production and use of natural gas at Fort Knox, Kentucky.
Subtitle C—Logistics and Sustainment
Sec. 321. Authorizing use of working capital funds for unspecified minor military
construction projects related to revitalization and recapitalization of de-
fense industrial base facilities.
Sec. 322. Examination of Navy vessels.
Sec. 323. Limitation on length of overseas forward deployment of naval vessels.
Sec. 324. Temporary modification of workload carryover formula.
Sec. 325. Limitation on use of funds for implementation of elements of master plan
for redevelopment of Former Ship Repair Facility in Guam.
Sec. 326. Business case analysis for proposed relocation of J85 Engine Regional Re-
pair Center.
Sec. 327. Report on pilot program for micro-reactors.
Sec. 328. Limitation on modifications to Navy Facilities Sustainment, Restoration,
and Modernization structure and mechanism.
Subtitle D—Reports
Sec. 331. Reports on readiness.
Sec. 332. Matters for inclusion in quarterly reports on personnel and unit readi-
ness.
Sec. 333. Annual Comptroller General reviews of readiness of Armed Forces to con-
duct full spectrum operations.
Sec. 334. Surface warfare training improvement.
Sec. 335. Report on optimizing surface Navy vessel inspections and crew certifi-
cations.
Sec. 336. Report on depot-level maintenance and repair.
Sec. 337. Report on wildfire suppression capabilities of active and reserve compo-
nents.
Sec. 338. Report on relocation of steam turbine production from Nimitz-class and
Ford-class aircraft carriers and Virginia-class and Columbia-class sub-
marines.
Sec. 339. Report on Specialized Undergraduate Pilot Training production,
resourcing, and locations.
Sec. 340. Report on Air Force airfield operational requirements.
Sec. 341. Report on Navy surface ship repair contract costs.
Subtitle E—Other Matters
Sec. 351. Coast Guard representation on explosive safety board.
Sec. 352. Transportation to continental United States of retired military working
dogs outside the continental United States that are suitable for adoption
in the United States.
Sec. 353. Scope of authority for restoration of land due to mishap.
Sec. 354. Repurposing and reuse of surplus Army firearms.
Sec. 355. Study on phasing out open burn pits.
Sec. 356. Notification requirements relating to changes to uniform of members of
the uniformed services.
Sec. 357. Reporting on future years budgeting by subactivity group.
Sec. 358. Limitation on availability of funds for service-specific Defense Readiness
Reporting Systems.
Sec. 359. Prioritization of environmental impacts for facilities sustainment, restora-
tion, and modernization demolition.
dkrause on DSKBC28HB2PROD with PUBLAWS
Sec. 360. Sense of Congress relating to Soo Locks, Sault Sainte Marie, Michigan.
Sec. 361. U.S. Special Operations Command Civilian Personnel.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00073 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1708 PUBLIC LAW 115–232—AUG. 13, 2018
Subtitle A—Authorization of
Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
2019 for the use of the Armed Forces and other activities and
agencies of the Department of Defense for expenses, not otherwise
provided for, for operation and maintenance, as specified in the
funding table in section 4301.
Subtitle B—Energy and Environment
SEC. 311. EXPLOSIVE ORDNANCE DISPOSAL DEFENSE PROGRAM.
(a) IN GENERAL.—Chapter 136 of title 10, United States Code,
as amended by section 851, is further amended by inserting after
section 2283, as added by such section 851, the following new
section:
10 USC 2284. ‘‘SEC. 2284. EXPLOSIVE ORDNANCE DISPOSAL DEFENSE PROGRAM.
‘‘(a) IN GENERAL.—The Secretary of Defense shall carry out
a program to be known as the ‘Explosive Ordnance Disposal Defense
Program’ (in this section referred to as the ‘Program’) under which
the Secretary shall ensure close and continuous coordination
between military departments on matters relating to explosive ord-
nance disposal support for commanders of geographic and functional
combatant commands.
‘‘(b) ROLES, RESPONSIBILITIES, AND AUTHORITIES.—The plan
under subsection (a) shall include provisions under which—
‘‘(1) the Secretary of Defense shall—
‘‘(A) assign the responsibility for the direction,
coordination, integration of the Program within the Depart-
ment of Defense to an Assistant Secretary of Defense;
‘‘(B) the Assistant Secretary of Defense to whom
responsibility is assigned under paragraph (1) shall serve
as the key individual for the Program responsible for devel-
oping and overseeing policy, plans, programs, and budgets,
and issuing guidance and providing direction on Depart-
ment of Defense explosive ordnance disposal activities;
‘‘(C) designate the Secretary of the Navy, or a designee
of the Secretary’s choice, as the executive agent for the
Department of Defense responsible for providing oversight
of the joint program executive officer who coordinates and
integrates joint requirements for explosive ordnance dis-
posal and carries out joint research, development, test,
and evaluation and procurement activities on behalf of
the military departments and combatant commands with
respect to explosive ordnance disposal;
‘‘(D) designate a combat support agency to exercise
fund management responsibility of the Department of
Defense-wide program element for explosive ordnance dis-
posal research, development, test, and evaluation, trans-
actions other than contracts, cooperative agreements, and
grants related to section 2371 of this title during research
dkrause on DSKBC28HB2PROD with PUBLAWS
projects including rapid prototyping and limited procure-
ment urgent activities, and acquisition; and
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00074 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1709
‘‘(E) designate an Army explosive ordnance disposal-
qualified general officer from the combat support agency
designated under subparagraph (D) to serve as the Chair-
man of the Department of Defense explosive ordnance dis-
posal defense program board; and
‘‘(2) the Secretary of each military department shall assess
the needs of the military department concerned with respect
to explosive ordnance disposal and may carry out research,
development, test, and evaluation activities, including other
transactions and procurement activities to address military
department unique needs such as weapon systems, manned
and unmanned vehicles and platforms, cyber and communica-
tion equipment, and the integration of explosive ordnance dis-
posal sets, kits and outfits and explosive ordnance disposal
tools, equipment, sets, kits, and outfits developed by the depart-
ment.
‘‘(c) ANNUAL BUDGET JUSTIFICATION DOCUMENTS.—
‘‘(1) For fiscal year 2021 and each fiscal year thereafter,
the Secretary of Defense shall submit to Congress with the
defense budget materials a consolidated budget justification
display, in classified and unclassified form, that includes all
of activities of the Department of Defense relating to the Pro-
gram.
‘‘(2) The budget display under paragraph (1) for a fiscal
year shall include a single program element for each of the
following:
‘‘(A) Civilian and military pay.
‘‘(B) Research, development, test, and evaluation.
‘‘(C) Procurement.
‘‘(D) Other transaction agreements.
‘‘(E) Military construction.
‘‘(3) The budget display shall include funding data for each
of the military department’s respective activities related to
explosive ordnance disposal, including—
‘‘(A) operation and maintenance; and
‘‘(B) overseas contingency operations.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin- 10 USC 2281
ning of such chapter, as amended by section 851, is further amended prec.
by inserting after the item relating to section 2283, as added by
such section 851, the following new section:
‘‘2284. Explosive Ordnance Disposal Defense Program.’’.
SEC. 312. FURTHER IMPROVEMENTS TO ENERGY SECURITY AND RESIL-
IENCE.
(a) ENERGY POLICY AUTHORITY.—Section 2911(b) of title 10,
United States Code, is amended—
(1) by redesignating paragraphs (1), (2), and (3) as para-
graphs (3), (4), and (5), respectively; and
(2) by inserting before paragraph (3), as so redesignated,
the following new paragraphs:
‘‘(1) establish metrics and standards for the assessment
of energy resilience;
‘‘(2) require the Secretary of a military department to per-
form mission assurance and readiness assessments of energy
power systems for mission critical assets and supporting infra-
dkrause on DSKBC28HB2PROD with PUBLAWS
structure, applying uniform mission standards established by
the Secretary of Defense;’’.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00075 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1710 PUBLIC LAW 115–232—AUG. 13, 2018
(b) REPORTING ON ENERGY SECURITY AND RESILIENCE GOALS.—
Section 2911(c) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
‘‘(3) The Secretary of Defense shall include the energy security
and resilience goals of the Department of Defense in the installation
energy report submitted under section 2925(a) of this title for
fiscal year 2018 and every fiscal year thereafter. In the development
of energy security and resilience goals, the Department of Defense
shall conform with the definitions of energy security and resilience
under this title. The report shall include the amount of critical
energy load, together with the level of availability and reliability
by fiscal year the Department of Defense deems necessary to achieve
energy security and resilience.’’.
(c) REPORTING ON INSTALLATIONS ENERGY MANAGEMENT,
ENERGY RESILIENCE, AND MISSION ASSURANCE.—Section 2925(a)
of title 10, United States Code, is amended—
(1) by inserting ‘‘, including progress on energy resilience
at military installations according to metrics developed by the
Secretary’’ after ‘‘under section 2911 of this title’’;
(2) in paragraph (3), by striking ‘‘the mission requirements
associated with disruption tolerances based on risk to mission’’
and inserting ‘‘the downtimes (in minutes or hours) these mis-
sions can afford based on their mission requirements and risk
tolerances’’;
(3) in paragraph (4), by inserting ‘‘(including critical energy
loads in megawatts and the associated downtime tolerances
for critical energy loads)’’ after ‘‘energy requirements and crit-
ical energy requirements’’;
(4) by redesignating paragraph (5) as paragraph (7); and
(5) by inserting after paragraph (4) the following new para-
graphs:
‘‘(5) A list of energy resilience projects awarded by the
Department of Defense by military department and military
installation, whether appropriated or alternative financed for
the reporting fiscal year, including project description, award
date, the critical energy requirements serviced (including crit-
ical energy loads in megawatts), expected reliability of the
project (as indicated in the awarded contract), life cycle costs,
savings to investment, fuel type, and the type of appropriation
or alternative financing used.
‘‘(6) A list of energy resilience projects planned by the
Department of Defense by military department and military
installation, whether appropriated or alternative financed for
the next two fiscal years, including project description, fuel
type, expected award date, and the type of appropriation or
alternative financing expected for use.’’.
(d) INCLUSION OF ENERGY SECURITY AND RESILIENCE AS PRIOR-
ITIES IN CONTRACTS FOR ENERGY OR FUEL FOR MILITARY INSTALLA-
TIONS.—Section 2922a(d) of title 10, United States Code, is amended
to read as follows:
‘‘(d) The Secretary concerned shall ensure energy security and
resilience are prioritized and included in the provision and operation
of energy production facilities under this section.’’.
(e) CONVEYANCE AUTHORITY FOR UTILITY SYSTEMS.—Section
2688 of title 10, United States Code, is amended—
dkrause on DSKBC28HB2PROD with PUBLAWS
(1) in subsection (d)(2), by adding at the end the following:
‘‘The business case analysis must also demonstrate how a
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00076 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1711
privatized system will operate in a manner consistent with
subsection (g)(3).’’; and
(2) in subsection (g)(3)—
(A) by striking ‘‘may require’’ and inserting ‘‘shall
require’’; and
(B) by striking ‘‘consistent with energy resilience
requirements and metrics’’ and inserting ‘‘consistent with
energy resilience and cybersecurity requirements and asso-
ciated metrics’’.
(f) MODIFICATION OF ENERGY RESILIENCE DEFINITION.—Section
101(e)(6) of title 10, United States Code, is amended by striking
‘‘task critical assets and other’’.
(g) AUTHORITY TO ACCEPT ENERGY PERFORMANCE FINANCIAL
INCENTIVES FROM STATE AND LOCAL GOVERNMENTS.—Section
2913(c) of title 10, United States Code, is amended by inserting
‘‘a State or local government’’ after ‘‘generally available from’’.
(h) USE OF ENERGY COST SAVINGS TO IMPLEMENT ENERGY
RESILIENCE AND ENERGY CONSERVATION CONSTRUCTION
PROJECTS.—Section 2912(b)(1) of title 10, United States Code, is
amended by inserting ‘‘, including energy resilience and energy
conservation construction projects,’’ after ‘‘energy security meas-
ures’’.
(i) ADDITIONAL BASIS FOR PRESERVATION OF PROPERTY IN THE
VICINITY OF MILITARY INSTALLATIONS IN AGREEMENTS WITH NON-
FEDERAL ENTITIES ON USE OF SUCH PROPERTY.—Section
2684a(a)(2)(B) of title 10, United States Code, is amended—
(1) by striking ‘‘(B)’’ and inserting ‘‘(B)(i)’’; and
(2) by adding at the end of the following new clause:
‘‘(ii) maintains or improves military installation resil-
ience; or’’.
SEC. 313. USE OF PROCEEDS FROM SALES OF ELECTRICAL ENERGY
DERIVED FROM GEOTHERMAL RESOURCES FOR
PROJECTS AT MILITARY INSTALLATIONS WHERE
RESOURCES ARE LOCATED.
Subsection (b) of section 2916 of title 10, United States Code,
is amended—
(1) in paragraph (1), by striking ‘‘Proceeds’’ and inserting
‘‘Except as provided in paragraph (3), proceeds’’; and
(2) by adding at the end the following new paragraph:
‘‘(3) In the case of proceeds from a sale of electrical energy
generated from any geothermal energy resource—
‘‘(A) 50 percent shall be credited to the appropriation
account described in paragraph (1); and
‘‘(B) 50 percent shall be deposited in a special account
in the Treasury established by the Secretary concerned which
shall be available, for military construction projects described
in paragraph (2) or for installation energy or water security
projects directly coordinated with local area energy or ground-
water governing authorities, for the military installation in
which the geothermal energy resource is located.’’.
SEC. 314. OPERATIONAL ENERGY POLICY.
(a) IN GENERAL.—Section 2926 of title 10, United States Code,
is amended—
dkrause on DSKBC28HB2PROD with PUBLAWS
(1) by redesignating subsections (a), (b), (c), and (d) as
subsections (c), (d), (e), (f), respectively;
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00077 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1712 PUBLIC LAW 115–232—AUG. 13, 2018
(2) by inserting before subsection (c), as redesignated by
paragraph (1), the following new subsections:
‘‘(a) OPERATIONAL ENERGY POLICY.—In carrying out section
2911(a) of this title, the Secretary of Defense shall ensure the
types, availability, and use of operational energy promote the readi-
ness of the armed forces for their military missions.
‘‘(b) AUTHORITIES.—The Secretary of Defense may—
‘‘(1) require the Secretary of a military department or the
commander of a combatant command to assess the energy
supportability of systems, capabilities, and plans;
‘‘(2) authorize the use of energy security, cost of backup
power, and energy resilience as factors in the cost-benefit anal-
ysis for procurement of operational equipment; and
‘‘(3) in selecting equipment that will use operational energy,
give favorable consideration to the acquisition of equipment
that enhances energy security, energy resilience, energy con-
servation, and reduces logistical vulnerabilities.’’; and
(3) in subsection (c), as redesignated by subparagraph (A)—
(A) in the subsection heading, by striking ‘‘ALTER-
NATIVE FUEL ACTIVITIES’’ and inserting ‘‘FUNCTIONS OF THE
ASSISTANT SECRETARY OF DEFENSE FOR ENERGY, INSTALLA-
TIONS, AND ENVIRONMENT’’;
(B) by striking ‘‘heads of the military departments
and the Assistant Secretary of Defense for Research and
Engineering’’ and inserting ‘‘heads of the appropriate
Department of Defense components’’;
(C) in paragraph (1), by striking ‘‘lead the alternative
fuel activities’’ and inserting ‘‘oversee the operational
energy activities’’;
(D) in paragraph (2), by striking ‘‘regarding the
development of alternative fuels by the military depart-
ments and the Office of the Secretary of Defense’’ and
inserting ‘‘regarding the policies and investments that
affect the use of operational energy across the Department
of Defense’’;
(E) in paragraph (3), by striking ‘‘prescribe policy to
streamline the investments in alternative fuel activities
across the Department of Defense’’ and inserting ‘‘rec-
ommend to the Secretary policy to improve warfighting
capability through energy security and energy resilience’’;
and
(F) in paragraph (5), by striking ‘‘subsection (c)(4)’’
and inserting ‘‘subsection (e)(4)’’.
(b) CONFORMING AMENDMENTS.—(1) Section 2925(b)(1) of title
10, United States Code, is amended by striking ‘‘section 2926(b)’’
and inserting ‘‘section 2926(d)’’.
(2) Section 1061(c)(55) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111
note) is amended by striking ‘‘Section 2926(c)(4)’’ and inserting
‘‘Section 2926(e)(4)’’.
dkrause on DSKBC28HB2PROD with PUBLAWS
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00078 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1713
SEC. 315. FUNDING OF STUDY AND ASSESSMENT OF HEALTH IMPLICA-
TIONS OF PER- AND POLYFLUOROALKYL SUBSTANCES
CONTAMINATION IN DRINKING WATER BY AGENCY FOR
TOXIC SUBSTANCES AND DISEASE REGISTRY.
(a) FUNDING.—Paragraph (2) of section 316(a) of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115–
91) is amended to read as follows:
‘‘(2) FUNDING.—
‘‘(A) SOURCE OF FUNDS.—The study and assessment
performed pursuant to this section may be paid for using
funds authorized to be appropriated to the Department
of Defense under the heading ‘Operation and Maintenance,
Defense-Wide’.
‘‘(B) TRANSFER AUTHORITY.—(i) Of the amounts author-
ized to be appropriated for the Department of Defense
for fiscal year 2018, not more than $10,000,000 shall be
transferred by the Secretary of Defense, without regard
to section 2215 of title 10, United States Code, to the
Secretary of Health and Human Services to pay for the
study and assessment required by this section.
‘‘(ii) Without regard to section 2215 of title 10, United
States Code, the Secretary of Defense may transfer not
more than $10,000,000 a year during fiscal years 2019
and 2020 to the Secretary of Health and Human Services
to pay for the study and assessment required by this sec-
tion.
‘‘(C) EXPENDITURE AUTHORITY.—Amounts transferred
to the Secretary of Health and Human Services shall be
used to carry out the study and assessment under this
section through contracts, cooperative agreements, or
grants. In addition, such funds may be transferred by the
Secretary of Health and Human Services to other accounts
of the Department for the purposes of carrying out this
section.
‘‘(D) RELATIONSHIP TO OTHER TRANSFER AUTHORITIES.—
The transfer authority provided under this paragraph is
in addition to any other transfer authority available to
the Department of Defense.’’.
(b) REPORT TO CONGRESS ON DEPARTMENT OF DEFENSE ASSESS-
MENT AND REMEDIATION PLAN.—Not later than 180 days after the
date on which the Administrator of the Environmental Protection
Agency establishes a maximum contaminant level for per- and
polyfluoroalkyl substances (PFAS) contamination in drinking water
in a national primary drinking water regulation under section 1412
of the Safe Drinking Water Act (42 U.S.C. 300g-1), the Secretary
of Defense shall submit to the congressional defense committees
a report containing a plan to—
(1) assess any contamination at Department of Defense
installations and surrounding communities that may have
occurred from PFAS usage by the Department of Defense;
(2) identify any remediation actions the Department plans
to undertake using the maximum contaminant level established
by the Environmental Protection Agency;
dkrause on DSKBC28HB2PROD with PUBLAWS
(3) provide an estimate of the cost of such remediation
and a schedule for accomplishing such remediation; and
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00079 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1714 PUBLIC LAW 115–232—AUG. 13, 2018
(4) provide an assessment of past expenditures by local
water authorities to address contamination before the Environ-
mental Protection Agency established a maximum contaminant
level and an estimate of the cost to reimburse communities
that remediated water to a level not greater than such level.
(c) ASSESSMENT OF HEALTH EFFECTS OF PFAS EXPOSURE.—
The Secretary of Defense shall conduct an assessment of the human
health implications of PFAS exposure. Such assessment shall
include—
(1) a meta-analysis that considers the current scientific
evidence base linking the health effects of PFAS on individuals
who served as members of the Armed Forces and were exposed
to PFAS at military installations;
(2) an estimate of the number of members of the Armed
Forces and veterans who may have been exposed to PFAS
while serving in the Armed Forces;
(3) the development of a process that would facilitate the
transfer between the Department of Defense and the Depart-
ment of Veterans Affairs of health information of individuals
who served in the Armed Forces and may have been exposed
to PFAS during such service; and
(4) a description of the amount of funding that would
be required to administer a potential registry of individuals
who may have been exposed to PFAS while serving in the
Armed Forces.
SEC. 316. EXTENSION OF AUTHORIZED PERIODS OF PERMITTED INCI-
DENTAL TAKINGS OF MARINE MAMMALS IN THE COURSE
OF SPECIFIED ACTIVITIES BY DEPARTMENT OF DEFENSE.
Section 101(a)(5)(A) of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1371(a)(5)(A)) is amended—
(1) in clause (i), by striking ‘‘Upon request’’ and inserting
‘‘Except as provided by clause (ii), upon request’’;
(2) by redesignating clauses (ii) and (iii) as clauses (iii)
and (iv), respectively; and
(3) by inserting after clause (i) the following new clause
(ii):
‘‘(ii) In the case of a military readiness activity (as defined
in section 315(f) of the Bob Stump National Defense Authorization
Act for Fiscal Year 2003 (Public Law 107–314; 16 U.S.C. 703
note), clause (i) shall be applied—
‘‘(I) in the matter preceding clause (I), by substituting
‘seven consecutive years’ for ‘five consecutive years’; and
‘‘(II) in clause (I), by substituting ‘seven-year’ for ‘five-
year’.’’.
SEC. 317. DEPARTMENT OF DEFENSE ENVIRONMENTAL RESTORATION
PROGRAMS.
(a) FINDINGS.—Congress makes the following findings:
(1) The Department of Defense has identified nearly 39,500
sites that fall under the installation restoration program sites
and munitions response sites.
(2) The installation response program addresses contamina-
tion from hazardous substances, pollutants, or contaminants
and active military installations, formerly used defense site
dkrause on DSKBC28HB2PROD with PUBLAWS
properties, and base realignment and closure locations in the
United States.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00080 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1715
(3) Munitions response sites are known or suspected to
contain unexploded ordnance, discarded military munitions, or
munitions constitutes are addressed through the military muni-
tions response program.
(4) The installation restoration program sites and muni-
tions response sites have had significant impacts on state and
local governments that have had to bear the increased costs
of environmental degradation, notably groundwater contamina-
tion, and local populations that have had to live with the
consequences of contaminated drinking, including increased
health concerns and decreasing property values.
(5) Through the end of fiscal year 2017, the Department
of Defense had achieved response complete at 86 percent of
installation restoration program sites and munitions response
sites, but projects that it will fall short of meeting its goal
of 90 percent by the end of fiscal year 2018.
(6) The fiscal year 2019 budget request for environmental
restoration and base realignment and closure amounted to
nearly $1,318,320,000, a decrease of $53,429,000 from the
amount authorized in the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115–91).
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the environmental restoration and base realignment
and closure programs are important for the protection of the
environment, the health of the military and civilian personnel
and their families who live and work on military installations,
to ensure that current and legacy military operations do not
adversely affect the health or environments of surrounding
communities;
(2) the Department of Defense and the Armed Forces should
seek to reduce the financial burden on state and local govern-
ment who are bearing significant costs of cleanup stemming
from defense related activities;
(3) the Department of Defense and the Armed Forces should
expedite and streamline cleanup at locations where contamina-
tion is having a direct impact on civilian access to clean
drinking water;
(4) the Department of Defense and the Armed Forces should
continue to engage with and help allay local community con-
cerns about the safety of the drinking water due to environ-
mental degradation caused by defense related activities; and
(5) the Department of Defense should seek opportunities
to accelerate environmental restoration efforts where feasible,
to include programming additional resources for response
actions, investing in technology solutions that may expedite
response actions, improving contracting procedures, increasing
contracting capacity, and seeking opportunities for partnerships
and other cooperative approaches.
SEC. 318. JOINT STUDY ON THE IMPACT OF WIND FARMS ON WEATHER
RADARS AND MILITARY OPERATIONS.
(a) IN GENERAL.—The Secretary of Defense shall enter into
an arrangement with the National Oceanic and Atmospheric
Administration to conduct a study on how to improve existing
National Oceanic and Atmospheric Administration and National
dkrause on DSKBC28HB2PROD with PUBLAWS
Weather Service tools to reflect the latest data and policies to
improve consistency in weather radars, with a focus on a research
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00081 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1716 PUBLIC LAW 115–232—AUG. 13, 2018
and development and field test evaluation program to validate
existing mitigation options and develop additional options for
weather radar impact, in collaboration with the National Weather
Service, the Department of Energy, and the Federal Aviation
Administration, and with input from academia and industry.
(b) ELEMENTS.—The study required pursuant to subsection (a)
shall include the following:
(1) The potential impacts of wind farms on NEXRAD radars
and other Federal radars for weather forecasts and warnings
used by the Department of Defense, the National Oceanic and
Atmospheric Administration, and the National Weather Service.
(2) Recommendations to reduce, mitigate, or eliminate the
potential impacts.
(3) Recommendations for addressing the impacts to
NEXRADs and weather radar due to increasing turbine heights.
(4) Recommendations to ensure wind farms do not impact
the ability of the National Oceanic and Atmospheric Adminis-
tration and the National Weather Service to warn or forecast
hazardous weather.
(5) The cumulative impacts of multiple wind farms near
a single radar on the ability of the National Oceanic and
Atmospheric Administration and the National Weather Service
to warn or forecast hazardous weather.
(6) An analysis of whether certain wind turbine projects,
based on project layout, turbine orientation, number of turbines,
density of turbines, proximity to radar, or turbine height result
in greater impacts to the missions of Department of Defense,
the National Oceanic and Atmospheric Administration, and
the National Weather Service, and if so, how can those projects
be better cited to reduce or eliminate NEXRAD impacts.
(7) Case studies where the Department of Defense, the
National Weather Service, and industry have worked together
to implement solutions.
(8) Mitigation options, including software and hardware
upgrades, which the National Oceanic and Atmospheric
Administration and the National Weather Service have
researched and analyzed, and the results of such research
and analysis.
(9) A review of mitigation research performed to date by
the Government and or academia.
(10) Identification of future research opportunities, require-
ments, and recommendations for the SENSR program to miti-
gate energy development.
(c) SUBMITTAL TO CONGRESS.—Not later than 12 months after
the date of the enactment of this Act, the Secretary shall submit
to the congressional defense committees a report on the study
conducted pursuant to subsection (a).
SEC. 319. CORE SAMPLING AT JOINT BASE SAN ANTONIO, TEXAS.
(a) SITE INVESTIGATION REQUIRED.—The Secretary of the Air
Force shall conduct a core sampling study along the proposed route
of the W–6 wastewater treatment line on Air Force real property,
in compliance with best engineering practices, to determine if any
regulated or hazardous substances are present in the soil along
the proposed route.
dkrause on DSKBC28HB2PROD with PUBLAWS
(b) REPORT REQUIRED.—Not later than 15 months after the
date of the enactment of this Act, the Secretary of the Air Force
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00082 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1717
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the results of the
core samples taken pursuant to subsection (a).
SEC. 320. PRODUCTION AND USE OF NATURAL GAS AT FORT KNOX,
KENTUCKY.
(a) AUTHORITY.—
(1) IN GENERAL.—The Secretary of the Army is authorized
to continue production, treatment, management, and use of
the natural gas from covered wells at Fort Knox, without regard
to section 3 of the Mineral Leasing Act for Acquired Lands
(30 U.S.C. 352), with the limitation that the Secretary of the
Army shall comply with the Mineral Leasing Act, Mineral
Leasing Act for Acquired Lands, and the Federal Oil and Gas
Royalty Management Act, for additional oil or natural gas
drilling operations and production activities beyond the produc-
tion from the covered wells at Fort Knox.
(2) CONTRACT AUTHORITY.—The Secretary is authorized to
enter into a contract with an appropriate entity to carry out
paragraph (1), with the limitation that the authority provided
in this section does not affect or authorize any interference
with the Muldraugh Gas Storage Facility at Fort Knox.
(b) ROYALTIES TO THE STATE OF KENTUCKY.—
(1) IN GENERAL.—In implementing this section—
(A) The Secretary of the Interior shall calculate the
value of royalty payments, calculated on a calendar year
basis beginning on the date of enactment of this section,
that the State of Kentucky would have received under
the Mineral Leasing Act for Acquired Lands (30 U.S.C.
352) for future natural gas produced at Fort Knox under
the authority of this section as though the natural gas
had been produced under the Mineral Leasing Act for
Acquired Lands, and provide the calculation to the Sec-
retary of the Army.
(B) Upon request of the Secretary of the Interior, the
Secretary of the Army or its contractor shall promptly
provide all information, documents, or other materials the
Secretary of the Interior deems necessary to conduct this
calculation.
(C) The Secretary of the Army shall pay to the
Treasury of the United States the value of royalty cal-
culated under this section upon receipt of the calculation
from the Secretary of the Interior.
(D) The Secretary of the Interior shall disburse the
sums collected from the Secretary of the Army pursuant
to this paragraph to the State of Kentucky as though
the funds were being disbursed to the State under section
6 of the Mineral Leasing Act for Acquired Lands (30 U.S.C.
355) no later than 6 months after the date of the enactment
of this Act.
(E) Regardless of the value of the royalty payments
calculated under subparagraph (A), in no case may the
amount of the sums disbursed under subparagraph (D)
for any calendar year exceed $49,000.
(2) WAIVER AUTHORITY.—The Governor of Kentucky may
dkrause on DSKBC28HB2PROD with PUBLAWS
waive paragraph (1) by providing written notice to the Secretary
of the Interior to that effect.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00083 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1718 PUBLIC LAW 115–232—AUG. 13, 2018
(c) OWNERSHIP OF FACILITIES.—The Secretary of the Army may
take ownership of any gas production and treatment equipment
and facilities and associated infrastructure from an entity with
which the Secretary has entered into a contract under subsection
(a) in accordance with the terms of the contract. The Secretary
of the Interior shall have no responsibility for the plugging and
abandonment of the covered wells at Fort Knox, the reclamation
of the covered wells at Fort Knox, or any environmental damage
caused or associated with the production of the covered wells at
Fort Knox.
(d) APPLICABILITY.—The authority of the Secretary of the Army
under this section is effective as of August 2, 2007.
(e) LIMITATION ON USES.—Any natural gas produced under
the authority of this section may be used only to support energy
security and energy resilience at Fort Knox. For purposes of this
section, energy security and energy resilience include maintaining
and continuing to produce natural gas from the covered wells at
Fort Knox, and enhancing the Fort Knox energy grid through
acquisition and maintenance of battery storage, loop transmission
lines and pipelines, sub-stations, and automated circuitry.
(f) SAFETY STANDARDS FOR GAS WELLS.—The covered wells
at Fort Knox shall meet the same technical installation and oper-
ating standards that they would have had to meet had they been
installed under a lease pursuant to the Mineral Leasing Act for
Acquired Lands. Such standards include the gas measurement
requirements in the Federal Oil and Gas Royalty Management
Act and the operational standards in the Onshore Oil and Gas
Operating and Production regulations issued by the Bureau of
Land Management. The Bureau of Land Management shall inspect
and enforce the Army’s and its contractor’s compliance with the
standards of the Mineral Leasing Act for Acquired Lands, the
Federal Oil and Gas Royalty Management Act, and the Bureau
of Land Management Onshore Oil and Gas Operating and Produc-
tion regulations.
(g) COVERED WELLS AT FORT KNOX.—In this section, the term
‘‘covered wells at Fort Knox’’ means the 26 wells located at Fort
Knox, Kentucky, as of the date of the enactment of this Act.
Subtitle C—Logistics and Sustainment
SEC. 321. AUTHORIZING USE OF WORKING CAPITAL FUNDS FOR
UNSPECIFIED MINOR MILITARY CONSTRUCTION
PROJECTS RELATED TO REVITALIZATION AND RECAPITAL-
IZATION OF DEFENSE INDUSTRIAL BASE FACILITIES.
Section 2208 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(u) USE FOR UNSPECIFIED MINOR MILITARY CONSTRUCTION
PROJECTS TO REVITALIZE AND RECAPITALIZE DEFENSE INDUSTRIAL
BASE FACILITIES.—(1) The Secretary of a military department may
use a working capital fund of the department under this section
to carry out an unspecified minor military construction project
under section 2805 for the revitalization and recapitalization of
dkrause on DSKBC28HB2PROD with PUBLAWS
a defense industrial base facility owned by the United States and
under the jurisdiction of the Secretary.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00084 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1719
‘‘(2) Section 2805 shall apply with respect to a project carried
out with a working capital fund under the authority of this sub-
section in the same manner as such section applies to any unspec-
ified minor military construction project under section 2805.
‘‘(3) In this subsection, the term ‘defense industrial base facility’
means any Department of Defense depot, arsenal, shipyard, or
plant located within the United States.
‘‘(4) The authority to use a working capital fund to carry out
a project under the authority of this subsection expires on Sep-
tember 30, 2023.’’.
SEC. 322. EXAMINATION OF NAVY VESSELS.
(a) NOTICE OF EXAMINATIONS.—Subsection (a) of section 7304
of title 10, United States Code, is amended—
(1) by striking ‘‘The Secretary’’ and inserting ‘‘(1) The Sec-
retary’’; and
(2) by adding at the end the following new paragraph:
‘‘(2)(A) Except as provided in subparagraph (B), any naval
vessel examined under this section on or after January 1, 2020,
shall be examined with minimal notice provided to the crew of
the vessel.
‘‘(B) Subparagraph (A) shall not apply to a vessel undergoing
necessary trials before acceptance into the fleet.’’.
(b) ANNUAL REPORT.—Such section is further amended by
adding at the end the following new subsection:
‘‘(d) ANNUAL REPORT.—(1) Not later than March 1 each year,
the board designated under subsection (a) shall submit to the
congressional defense committees a report setting forth the fol-
lowing:
‘‘(A) An overall narrative summary of the material readi-
ness of Navy ships as compared to established material require-
ments standards.
‘‘(B) The overall number and types of vessels inspected
during the preceding fiscal year.
‘‘(C) For in-service vessels, material readiness trends by
inspected functional area as compared to the previous five
years.
‘‘(2) Each report under this subsection shall be submitted in
an unclassified form that is releasable to the public without further
redaction.
‘‘(3) No report shall be required under this subsection after
October 1, 2021.’’.
SEC. 323. LIMITATION ON LENGTH OF OVERSEAS FORWARD DEPLOY-
MENT OF NAVAL VESSELS.
(a) LIMITATION.—
(1) IN GENERAL.—Chapter 633 of title 10, United States
Code, is amended by adding at the end the following new
section:
‘‘§ 7320. Limitation on length of overseas forward deployment 10 USC 7320.
of naval vessels
‘‘(a) LIMITATION.—The Secretary of the Navy shall ensure that
no naval vessel specified in subsection (b) that is listed in the
Naval Vessel Register is forward deployed overseas for a period
in excess of ten years. At the end of a period of overseas forward
dkrause on DSKBC28HB2PROD with PUBLAWS
deployment, the vessel shall be assigned a homeport in the United
States.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00085 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1720 PUBLIC LAW 115–232—AUG. 13, 2018
‘‘(b) VESSELS SPECIFIED.—A naval vessel specified in this sub-
section is any of the following:
‘‘(1) Aircraft carrier.
‘‘(2) Amphibious ship.
‘‘(3) Cruiser.
‘‘(4) Destroyer.
‘‘(5) Frigate.
‘‘(6) Littoral Combat Ship.
‘‘(c) WAIVER.—The Secretary of the Navy may waive the limita-
tion under subsection (a) with respect to a naval vessel if the
Secretary submits to the congressional defense committees notice
in writing of—
‘‘(1) the waiver of such limitation with respect to the vessel;
‘‘(2) the date on which the period of overseas forward
deployment of the vessel is expected to end; and
‘‘(3) the factors used by the Secretary to determine that
a longer period of deployment would promote the national
defense or be in the public interest.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
10 USC 7291 beginning of such chapter is amended by adding at the end
prec. the following new section:
‘‘7320. Limitation on length of overseas forward deployment of naval vessels.’’.
10 USC 7320 (b) TREATMENT OF CURRENTLY DEPLOYED VESSELS.—In the case
note. of any naval vessel that has been forward deployed overseas for
a period in excess of ten years as of the date of the enactment
of this Act, the Secretary of the Navy shall ensure that such
vessel is assigned a homeport in the United States by not later
than three years after the date of the enactment of this Act.
(c) CONGRESSIONAL BRIEFING.—Not later than October 1, 2020,
the Secretary of the Navy shall provide to the Committees on
Armed Services of the Senate and House of Representatives a
briefing on the plan of the Secretary for the rotation of forward
deployed naval vessels.
SEC. 324. TEMPORARY MODIFICATION OF WORKLOAD CARRYOVER
FORMULA.
During the period beginning on the date of the enactment
of this Act and ending on September 30, 2021, in carrying out
chapter 9, volume 2B (relating to Instructions for the Preparation
of Exhibit Fund-11a Carryover Reconciliation) of Department of
Defense regulation 7000.14-R, entitled ‘‘Financial Management
Regulation (FMR)’’, in addition to any other applicable exemptions,
the Secretary of Defense shall ensure that with respect to each
military department depot or arsenal, outlay rates—
(1) reflect the timing of when during a fiscal year appropria-
tions have historically funded workload; and
(2) account for the varying repair cycle times of the work-
load supported.
SEC. 325. LIMITATION ON USE OF FUNDS FOR IMPLEMENTATION OF
ELEMENTS OF MASTER PLAN FOR REDEVELOPMENT OF
FORMER SHIP REPAIR FACILITY IN GUAM.
(a) LIMITATION.—Except as provided in subsection (b), none
of the funds authorized to be appropriated by this Act or otherwise
dkrause on DSKBC28HB2PROD with PUBLAWS
made available for the Navy for fiscal year 2019 may be obligated
or expended for any construction, alteration, repair, or development
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00086 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1721
of the real property consisting of the Former Ship Repair Facility
in Guam.
(b) EXCEPTION.—The limitation under subsection (a) does not
apply to any project that directly supports depot-level ship mainte-
nance capabilities, including the mooring of a floating dry dock.
(c) FORMER SHIP REPAIR FACILITY IN GUAM.—In this section,
the term ‘‘Former Ship Repair Facility in Guam’’ means the property
identified by that name under the base realignment and closure
authority carried out under the Defense Base Closure and Realign-
ment Act of 1990 (part A of title XXIX of Public Law 101–510;
10 U.S.C. 2687 note).
SEC. 326. BUSINESS CASE ANALYSIS FOR PROPOSED RELOCATION OF
J85 ENGINE REGIONAL REPAIR CENTER.
(a) BUSINESS CASE ANALYSIS.—The Secretary of the Air Force
shall prepare a business case analysis on the proposed relocation
of the J85 Engine Regional Repair Center. Such analysis shall
include each of the following:
(1) An overview of each alternative considered for the J85
Engine Regional Repair Center.
(2) The one-time and annual costs associated with each
such alternative.
(3) The effect of each such alternative on workload capacity,
capability, schedule, throughput, and costs.
(4) The effect of each such alternative on Government-
furnished parts, components, and equipment, including mitiga-
tion strategies to address known limitations to T38 production
throughput, especially such limitations caused by Government-
furnished parts, equipment, or transportation.
(5) The effect of each such alternative on the transition
of the Air Force to the T-X training aircraft.
(6) A detailed rationale for the selection of an alternative
considered as part of the business case analysis under this
section.
(b) LIMITATION ON USE OF FUNDS FOR RELOCATION.—None of
the funds authorized to be appropriated by this Act, or otherwise
made available for the Air Force, may be obligated or expended
for any action to relocate the J85 Engine Regional Repair Center
until the date that is 150 days after the date on which the Secretary
of the Air Force provides to the Committees on Armed Services
of the Senate and House of Representatives a briefing on the
business case analysis required by subsection (a).
SEC. 327. REPORT ON PILOT PROGRAM FOR MICRO-REACTORS.
(a) REPORT REQUIRED.—Not later than 12 months after the
date of enactment of this Act, the Secretary shall develop and
submit to the Committee on Armed Services and the Committee
on Energy and Commerce in the House of Representatives and
the Committee on Armed Services and the Committee on Energy
and Natural Resources in the Senate a report describing the require-
ments for, and components of, a pilot program to provide resilience
for critical national security infrastructure at Department of
Defense facilities with high energy intensity and currently expen-
sive utility rates and Department of Energy facilities by contracting
with a commercial entity to site, construct, and operate at least
dkrause on DSKBC28HB2PROD with PUBLAWS
one licensed micro-reactor at a facility identified under the report
by December 31, 2027.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00087 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1722 PUBLIC LAW 115–232—AUG. 13, 2018
(b) CONSULTATION.—As necessary to develop the report required
under subsection (a), the Secretary shall consult with—
(1) the Secretary of Defense;
(2) the Nuclear Regulatory Commission; and
(3) the Administrator of the General Services Administra-
tion.
(c) CONTENTS.—The report required under subsection (a) shall
include—
(1) identification of potential locations to site, construct,
and operate a micro-reactor at a Department of Defense or
Department of Energy facility that contains critical national
security infrastructure that the Secretary determines may not
be energy resilient;
(2) assessments of different nuclear technologies to provide
energy resiliency for critical national security infrastructure;
(3) a survey of potential commercial stakeholders with
which to enter into a contract under the pilot program to
construct and operate a licensed micro-reactor;
(4) options to enter into long-term contracting, including
various financial mechanisms for such purpose;
(5) identification of requirements for micro-reactors to pro-
vide energy resilience to mission-critical functions at facilities
identified under paragraph (1);
(6) an estimate of the costs of the pilot program;
(7) a timeline with milestones for the pilot program;
(8) an analysis of the existing authority of the Department
of Energy and Department of Defense to permit the siting,
construction, and operation of a micro-reactor; and
(9) recommendations for any legislative changes to the
authorities analyzed under paragraph (8) necessary for the
Department of Energy and the Department of Defense to permit
the siting, construction, and operation of a micro-reactor.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘critical national security infrastructure’’
means any site or installation that the Secretary of Energy
or the Secretary of Defense determines supports critical mission
functions of the national security enterprise.
(2) The term ‘‘licensed’’ means holding a license under
section 103 or 104 of the Atomic Energy Act of 1954.
(3) The term ‘‘micro-reactor’’ means a nuclear reactor that
has a power production capacity that is not greater than 50
megawatts.
(4) The term ‘‘pilot program’’ means the pilot program
described in subsection (a).
(5) The term ‘‘Secretary’’ means Secretary of Energy.
(e) FORM.—The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified
appendix.
(f) LIMITATIONS.—This Act does not authorize the Department
of Energy or Department of Defense to enter into a contract with
respect to the pilot program.
dkrause on DSKBC28HB2PROD with PUBLAWS
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00088 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1723
SEC. 328. LIMITATION ON MODIFICATIONS TO NAVY FACILITIES 10 USC 8013
SUSTAINMENT, RESTORATION, AND MODERNIZATION note.
STRUCTURE AND MECHANISM.
The Secretary of the Navy may not make any modification
to the existing Navy Facilities Sustainment, Restoration, and Mod-
ernization structure or mechanism that would modify duty relation-
ships or significantly alter the existing structure until 90 days
after providing notice of the proposed modification to the congres-
sional defense committees.
Subtitle D—Reports
SEC. 331. REPORTS ON READINESS.
(a) UNIFORM APPLICABILITY OF READINESS REPORTING
SYSTEM.—Subsection (b) of section 117 of title 10, United States
Code, is amended—
(1) by inserting ‘‘and maintaining’’ after ‘‘establishing’’;
(2) in paragraph (1), by striking ‘‘reporting system is
applied uniformly throughout the Department of Defense’’ and
inserting ‘‘reporting system and associated policies are applied
uniformly throughout the Department of Defense, including
between and among the joint staff and each of the armed
forces’’;
(3) by redesignating paragraphs (2) and (3) as paragraphs
(5) and (6), respectively;
(4) by inserting after paragraph (1) the following new para-
graphs:
‘‘(2) that is the single authoritative readiness reporting
system for the Department, and that there shall be no military
service specific systems;
‘‘(3) that readiness assessments are accomplished at an
organizational level at, or below, the level at which forces
are employed;
‘‘(4) that the reporting system include resources informa-
tion, force posture, and mission centric capability assessments,
as well as predicted changes to these attributes;’’; and
(5) in paragraph (5), as redesignated by paragraph (3)
of this subsection, by inserting ‘‘, or element of a unit,’’ after
‘‘readiness status of a unit’’.
(b) CAPABILITIES OF READINESS REPORTING SYSTEM.—Such sec-
tion is further amended in subsection (c)—
(1) in paragraph (1)—
(A) by striking ‘‘Measure, on a monthly basis, the capa-
bility of units’’ and inserting ‘‘Measure the readiness of
units’’; and
(B) by striking ‘‘conduct their assigned wartime mis-
sions’’ and inserting ‘‘conduct their designed and assigned
missions’’;
(2) in paragraph (2)—
(A) by striking ‘‘Measure, on an annual basis,’’ and
inserting ‘‘Measure’’; and
(B) by striking ‘‘wartime missions’’ and inserting
‘‘designed and assigned missions’’;
(3) in paragraph (3)—
dkrause on DSKBC28HB2PROD with PUBLAWS
(A) by striking ‘‘Measure, on an annual basis,’’ and
inserting ‘‘Measure’’; and
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00089 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1724 PUBLIC LAW 115–232—AUG. 13, 2018
(B) by striking ‘‘wartime missions’’ and inserting
‘‘designed and assigned missions’’;
(4) in paragraph (4), by striking ‘‘Measure, on a monthly
basis,’’ and inserting ‘‘Measure’’;
(5) in paragraph (5), by striking ‘‘Measure, on an annual
basis,’’ and inserting ‘‘Measure’’;
(6) by striking paragraphs (6) and (8) and redesignating
paragraph (7) as paragraph (6); and
(7) in paragraph (6), as so redesignated, by striking
‘‘Measure, on a quarterly basis,’’ and inserting ‘‘Measure’’.
(c) SEMI-ANNUAL AND MONTHLY JOINT READINESS REVIEWS.—
Such section is further amended in subsection (d)(1)(A) by inserting
‘‘, which includes a validation of readiness data currency and
accuracy’’ after ‘‘joint readiness review’’.
(d) QUARTERLY REPORT ON CHANGE IN CURRENT STATE OF
UNIT READINESS.—Such section is further amended—
(1) by redesignating subsection (f) as subsection (h); and
(2) by inserting after subsection (e) the following new sub-
section (f):
‘‘(f) QUARTERLY REPORT ON MONTHLY CHANGES IN CURRENT
STATE OF READINESS OF UNITS.—For each quarter that begins after
the date of the enactment of this subsection and ends on or before
September 30, 2023, the Secretary shall submit to the congressional
defense committees a report on each monthly upgrade or downgrade
of the current state of readiness of a unit that was issued by
the commander of a unit during the previous quarter, together
with the rationale of the commander for the issuance of such
upgrade or downgrade.’’.
(e) ANNUAL REPORT TO CONGRESS ON OPERATIONAL CONTRACT
SUPPORT.—Such section is further amended by inserting after the
new subsection (f), as added by subsection (d)(2) of this section,
the following new subsection:
‘‘(g) ANNUAL REPORT ON OPERATIONAL CONTRACT SUPPORT.—
The Secretary shall each year submit to the congressional defense
committees a report in writing containing the results of the most
recent annual measurement of the capability of operational contract
support to support current and anticipated wartime missions of
the armed forces. Each such report shall be submitted in unclassi-
fied form, but may include a classified annex.’’.
(f) REGULATIONS.—Such section is further amended in sub-
section (h), as redesignated by subsection (d)(1) of this section,
by striking ‘‘prescribe the units that are subject to reporting in
the readiness reporting system, what type of equipment is subject
to such reporting’’ and inserting ‘‘prescribe the established informa-
tion technology system for Department of Defense reporting, specifi-
cally authorize exceptions to a single-system architecture, and iden-
tify the organizations, units, and entities that are subject to
reporting in the readiness reporting system, what organization
resources are subject to such reporting’’.
(g) CONFORMING AMENDMENTS.—
(1) SECTION HEADING.—Such section is further amended
in the section heading by striking ‘‘: establishment; reporting
to congressional committees’’.
(2) TABLE OF SECTIONS.—The table of sections at the begin-
10 USC 111 prec. ning of chapter 2 is amended by striking the item relating
to section 117 and inserting the following new item:
dkrause on DSKBC28HB2PROD with PUBLAWS
‘‘117. Readiness reporting system.’’.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00090 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1725
SEC. 332. MATTERS FOR INCLUSION IN QUARTERLY REPORTS ON PER-
SONNEL AND UNIT READINESS.
Section 482 of title 10, United States Code, is amended—
(1) in subsection (b)(1), by inserting after ‘‘deficiency’’ the
following: ‘‘in the ground, sea, air, space, and cyber forces,
and in such other such areas as determined by the Secretary
of Defense,’’; and
(2) in subsection (d)—
(A) in the subsection heading, by striking ‘‘ASSIGNED
MISSION’’;
(B) by striking paragraph (3);
(C) by redesignating paragraphs (2) as paragraph (3);
and
(D) by inserting after paragraph (1) the following new
paragraph (2):
‘‘(2) A report for the second or fourth quarter of a calendar
year under this section shall also include an assessment by
each commander of a geographic or functional combatant com-
mand of the readiness of the command to conduct operations
in a multidomain battle that integrates ground, air, sea, space,
and cyber forces.’’.
SEC. 333. ANNUAL COMPTROLLER GENERAL REVIEWS OF READINESS
OF ARMED FORCES TO CONDUCT FULL SPECTRUM OPER-
ATIONS.
(a) REVIEWS REQUIRED.—For each of calendar years 2018
through 2021, the Comptroller General of the United States shall
conduct an annual review of the readiness of the Armed Forces
to conduct each of the following types of full spectrum operations:
(1) Ground.
(2) Sea.
(3) Air.
(4) Space.
(5) Cyber.
(b) ELEMENTS OF REVIEW.—In conducting a review under sub-
section (a), the Comptroller General shall—
(1) use standard methodology and reporting formats in
order to show changes over time;
(2) evaluate, using fiscal year 2017 as the base year of
analysis—
(A) force structure;
(B) the ability of major operational units to conduct
operations; and
(C) the status of equipment, manning, and training;
and
(3) provide reasons for any variances in readiness levels,
including changes in funding, availability in parts, training
opportunities, and operational demands.
(c) METRICS.—For purposes of the reviews required by this
section, the Secretary of Defense shall identify and establish metrics
for measuring readiness for the operations covered by subsection
(a). In the first review conducted under this section, the Comptroller
General shall evaluate and determine the validity of such metrics.
(d) ACCESS TO RELEVANT DATA.—For purposes of this section,
dkrause on DSKBC28HB2PROD with PUBLAWS
the Secretary of Defense shall ensure that the Comptroller General
has access to all relevant data, including—
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00091 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1726 PUBLIC LAW 115–232—AUG. 13, 2018
(1) any assessments of the ability of the Department of
Defense and the Armed Forces to execute operational and
contingency plans;
(2) any internal Department readiness and force structure
assessments; and
(3) the readiness databases of the Department and the
Armed Forces.
(e) REPORTS.—
(1) ANNUAL REPORT.—Not later than February 28, 2019,
and annually thereafter until 2022, the Comptroller General
shall submit to the Committees on Armed Services of the Senate
and House of Representatives an annual report on the review
conducted under subsection (a) for the year preceding the year
during which the report is submitted.
(2) ADDITIONAL REPORTS.—At the discretion of the Comp-
troller General, the Comptroller General may submit to the
Committees on Armed Services of the Senate and House of
Representatives additional reports addressing specific mission
areas within the operations covered by subsection (a) in order
to provide an independent assessment of readiness in the areas
of equipping, mapping, and training.
SEC. 334. SURFACE WARFARE TRAINING IMPROVEMENT.
(a) FINDINGS.—Congress makes the following findings:
(1) In 2017, there were three collisions and one grounding
involving United States Navy ships in the Western Pacific.
The two most recent mishaps involved separate incidents of
a Japan-based United States Navy destroyer colliding with
a commercial merchant vessel, resulting in the combined loss
of 17 sailors.
(2) The causal factors in these four mishaps are linked
directly to a failure to take sufficient action in accordance
with the rules of good seamanship.
(3) Because risks are high in the maritime environment,
there are widely accepted standards for safe seamanship and
navigation. In the United States, the International Convention
on Standards of Training, Certification and Watchkeeping
(hereinafter in this section referred to as the ‘‘STCW’’) for
Seafarers, standardizes the skills and foundational knowledge
a maritime professional must have in seamanship and naviga-
tion.
(4) Section 568 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2139)
endorsed the STCW process and required the Secretary of
Defense to maximize the extent to which Armed Forces service,
training, and qualifications are creditable toward meeting mer-
chant mariner licenses and certifications.
(5) The Surface Warfare Officer Course Curriculum is being
modified to include ten individual Go/No Go Mariner Assess-
ments/Competency Check Milestones to ensure standardization
and quality of the surface warfare community.
(6) The Military-to-Mariner Transition report of September
2017 notes the Army maintains an extensive STCW qualifica-
tions program and that a similar Navy program does not exist.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
dkrause on DSKBC28HB2PROD with PUBLAWS
(1) the Secretary of the Navy should establish a comprehen-
sive individual proficiency assessment process and include such
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00092 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1727
an assessment prior to all operational surface warfare officer
tour assignments; and
(2) the Secretary of the Navy should significantly expand
the STCW qualifications process to improve seamanship and
navigation individual skills training for surface warfare can-
didates, surface warfare officers, quartermasters and operations
specialists to include an increased set of courses that directly
correspond to STCW standards.
(c) REPORT.—Not later than March 1, 2019, the Secretary of
the Navy shall submit to the congressional defense committees
a report that includes each of the following:
(1) A detailed description of the surface warfare officer
assessments process.
(2) A list of programs that have been approved for credit
toward merchant mariner credentials.
(3) A complete gap analysis of the existing surface warfare
training curriculum and STCW.
(4) A complete gap analysis of the existing surface warfare
training curriculum and the 3rd mate unlimited licensing
requirement.
(5) An assessment of surface warfare options to complete
the 3rd mate unlimited license and the STCW qualification.
SEC. 335. REPORT ON OPTIMIZING SURFACE NAVY VESSEL INSPEC-
TIONS AND CREW CERTIFICATIONS.
(a) REPORT REQUIRED.—Not later than one year after the date
of the enactment of this Act, the Secretary of the Navy shall
submit to Congress a report on optimizing surface Navy vessel
inspections and crew certifications to reduce the burden of inspec-
tion type visits that vessels undergo. Such report shall include—
(1) an audit of all surface Navy vessel inspections, certifi-
cations, and required and recommended assist visits;
(2) an analysis of such inspections, certifications, and visits
for redundancies, as well as any necessary items not covered;
(3) recommendations to streamline surface vessel inspec-
tions, certifications, and required and recommended assist visits
to optimize effectiveness, improve material readiness, and
restore training readiness; and
(4) recommendations for congressional action to address
the needs of the Navy as identified in the report.
(b) CONGRESSIONAL BRIEFING.—Not later than January 31,
2019, the Secretary of the Navy shall provide to the Senate Com-
mittee on Armed Services and the House Committee on Armed
Services an interim briefing on the matters to be included in the
report required by subsection (a).
SEC. 336. REPORT ON DEPOT-LEVEL MAINTENANCE AND REPAIR.
The Secretary of Defense, in consultation with the heads of
each of the military departments and the Chairman of the Joint
Chiefs of Staff, shall submit to the congressional defense committees
a report on labor hours and depot maintenance, which shall
include—
(1) the amount of public and private funding of depot-
dkrause on DSKBC28HB2PROD with PUBLAWS
level maintenance and repair (as defined in section 2460 of
title 10 United States Code) for the Department of Defense,
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00093 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1728 PUBLIC LAW 115–232—AUG. 13, 2018
Army, Navy, Marine Corps, Air Force, Special Operations Com-
mand, and any other unified command identified by the Sec-
retary, expressed by commodity group by percentage and actual
numbers in terms of dollars and direct labor hours;
(2) within each category of depot level maintenance and
repair for each entities, the amount of the subset of depot
maintenance workload that meets the description under section
2464 of title 10, United States Code, that is performed in
the public and private sectors by direct labor hours and by
dollars;
(3) of the subset referred to in paragraph (2), the amount
of depot maintenance workload performed in the public and
private sector by direct labor hour and by dollars for each
entity that would otherwise be considered core workload under
such section 2464, but is not considered core because a weapon
system or equipment has not been declared a program of record;
and
(4) the projections for the upcoming future years defense
program, including the distinction between the Navy and the
Marine Corps for the Department of the Navy, as well as
any unified command, including the Special Operations Com-
mand.
SEC. 337. REPORT ON WILDFIRE SUPPRESSION CAPABILITIES OF
ACTIVE AND RESERVE COMPONENTS.
(a) SENSE OF CONGRESS.—It is the sense of Congress that
wildfires endanger national security.
(b) REPORT.—Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the wildfire suppression capabilities within
the active and reserve components of the Armed Forces, including
the Modular Airborne Fire Fighting System Program, and inter-
agency cooperation with the Forest Service and the Department
of the Interior.
SEC. 338. REPORT ON RELOCATION OF STEAM TURBINE PRODUCTION
FROM NIMITZ-CLASS AND FORD-CLASS AIRCRAFT CAR-
RIERS AND VIRGINIA-CLASS AND COLUMBIA-CLASS SUB-
MARINES.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense, in consultation with the Under
Secretary of Defense for Acquisition, Technology, and Logistics and
the Assistant Secretary of the Navy for Research, Development,
and Acquisition, shall develop and submit to Congress a report
describing the potential impacts on national defense and the manu-
facturing base resulting from contractors or subcontractors relo-
cating steam turbine production for Nimitz-class and Ford-class
aircraft carriers and Virginia-class and Columbia-class submarines.
Such report shall address each of the following:
(1) The overall risk of moving production on the national
security of the United States, including the likelihood of produc-
tion delay or reduction in quality of steam turbines.
(2) The impact on national security from a delay in produc-
tion of aircraft carriers and submarines.
(3) The impacts on regional suppliers the current produc-
dkrause on DSKBC28HB2PROD with PUBLAWS
tion of steam turbines draw on and their ability to perform
other contracts should a relocation happen.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00094 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1729
(4) The impact on the national industrial and manufac-
turing base and loss of a critically skilled workforce resulting
from a relocation of production.
(5) The risk of moving production on total cost of the
acquisition.
SEC. 339. REPORT ON SPECIALIZED UNDERGRADUATE PILOT
TRAINING PRODUCTION, RESOURCING, AND LOCATIONS.
(a) IN GENERAL.—Not later than March 1, 2019, the Secretary
of the Air Force shall submit to the congressional defense commit-
tees a report on existing Specialized Undergraduate Pilot Training
(SUPT) production, resourcing, and locations.
(b) ELEMENTS.—The report required under subsection (a) shall
include the following elements:
(1) A description of the strategy of the Air Force for utilizing
existing SUPT locations to produce the number of pilots the
Air Force requires.
(2) The number of pilots that each SUPT location has
graduated, by year, over the previous 5 fiscal years.
(3) The forecast number of pilots that each SUPT location
will produce for fiscal year 2019.
(4) The maximum production capacity of each SUPT loca-
tion.
(5) The extent to which existing SUPT installations are
operating at maximum capacity in terms of pilot production.
(6) A cost estimate of the resources required for each SUPT
location to reach maximum production capacity.
(7) A determination as to whether increasing production
capacity at existing SUPT locations will satisfy the Air Force’s
SUPT requirement.
(8) A timeline and cost estimation of establishing a new
SUPT location.
(9) A discussion of whether the Air Force plans to operate
existing SUPT installations at maximum capacity over the
future years defense program.
(10) A business case analysis comparing the establishment
of a new SUPT location to increasing production capacity at
existing SUPT locations.
SEC. 340. REPORT ON AIR FORCE AIRFIELD OPERATIONAL REQUIRE-
MENTS.
(a) IN GENERAL.—Not later than February 1, 2019, the Sec-
retary of the Air Force shall conduct an assessment and submit
to the congressional defense committees a report detailing the oper-
ational requirements for Air Force airfields.
(b) ELEMENTS.—The report required under subsection (a) shall
include the following elements:
(1) An assessment of the state of airfields where runway
degradation currently poses a threat to operations and airfields
where such degradation threatens operations in the next five
and ten years.
(2) A description of the operational requirements for air-
fields, including an assessment of the impact to operations,
cost to repair, cost to replace, remaining useful life, and the
required daily maintenance to ensure runways are acceptable
for full operations.
dkrause on DSKBC28HB2PROD with PUBLAWS
(3) A description of any challenges with infrastructure
acquisition methods and processes.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00095 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1730 PUBLIC LAW 115–232—AUG. 13, 2018
(4) An assessment of the operational impact in the event
a runway were to become inoperable due to a major degradation
incident, such as a crack or fracture resulting from lack of
maintenance and repair.
(5) A plan to address any shortfalls associated with the
Air Force’s runway infrastructure.
(c) FORM.—The report required under subsection (a) shall be
in unclassified form but may contain a classified annex as necessary.
SEC. 341. REPORT ON NAVY SURFACE SHIP REPAIR CONTRACT COSTS.
(a) REPORT REQUIRED.—Not later than 120 days after the date
of the enactment of this Act, the Secretary of the Navy shall
submit to the congressional defense committees a report on Navy
surface ship repair contract costs.
(b) ELEMENTS.—The report required under subsection (a) shall
include, for each private sector maintenance availability for a
conventionally-powered Navy surface ship for the prior two com-
pleted fiscal years, the following elements:
(1) Name of the ship.
(2) Location of the availability.
(3) Prime contractor performing the availability.
(4) Date of the contract award.
(5) Type of contract used, such as firm-fixed-price or cost-
plus-fixed-fee.
(6) Solicitation number.
(7) Number of offers received in response to the solicitation.
(8) Contract target cost at the date of contract award.
(9) Contract ceiling cost of the contract at the date of
contract award.
(10) Duration of the availability in days, including start
and end dates, at the date of contract award.
(11) Final contract cost.
(12) Final delivery cost.
(13) Actual duration of the availability in days, including
start and end dates.
(14) Description of growth work that was added after the
contract award, including the associated cost.
(15) Explanation of why the growth work described in
paragraph (14) was not included in the scope of work associated
with the original contract award.
Subtitle E—Other Matters
SEC. 351. COAST GUARD REPRESENTATION ON EXPLOSIVE SAFETY
BOARD.
Section 172(a) of title 10, United States Code, is amended—
(1) by striking ‘‘and Marine Corps’’ and inserting ‘‘Marine
Corps, and Coast Guard’’; and
(2) by adding at the end the following new sentence: ‘‘When
the Coast Guard is not operating as a service in the Department
of the Navy, the Secretary of Homeland Security shall appoint
an officer of the Coast Guard to serve as a voting member
dkrause on DSKBC28HB2PROD with PUBLAWS
of the board.’’.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00096 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1731
SEC. 352. TRANSPORTATION TO CONTINENTAL UNITED STATES OF
RETIRED MILITARY WORKING DOGS OUTSIDE THE CONTI-
NENTAL UNITED STATES THAT ARE SUITABLE FOR ADOP-
TION IN THE UNITED STATES.
Section 2583(f) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(3)(A) In the case of a military working dog located outside
the continental United States at the time of retirement that is
suitable for adoption at that time, the Secretary of the military
department concerned shall undertake transportation of the dog
to the continental United States (including transportation by con-
tract at United States expense) for adoption under this section
unless—
‘‘(i) the dog is adopted as described in paragraph (2)(A);
or
‘‘(ii) transportation of the dog to the continental United
States would not be in the best interests of the dog for medical
reasons.
‘‘(B) Nothing in this paragraph shall be construed to alter
the preference in adoption of retired military working dogs for
former handlers as set forth in subsection (g).’’.
SEC. 353. SCOPE OF AUTHORITY FOR RESTORATION OF LAND DUE
TO MISHAP.
Subsection (e) of section 2691 of title 10, United States Code,
as added by section 2814 of the Military Construction Authorization
Act for Fiscal Year 2018 (division B of Public Law 115–91; 131
Stat. 1849), is amended by adding at the end the following new
paragraph:
‘‘(3) The authority under paragraphs (1) and (2) includes activi-
ties and expenditures necessary to complete restoration to meet
the regulations of the Federal department or agency with adminis-
trative jurisdiction over the affected land, which may be different
than the regulations of the Department of Defense.’’.
SEC. 354. REPURPOSING AND REUSE OF SURPLUS ARMY FIREARMS.
Section 348(b) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1365) is amended 10 USC 4681
by inserting ‘‘shredded or’’ before ‘‘melted and repurposed’’. note prec.
SEC. 355. STUDY ON PHASING OUT OPEN BURN PITS.
(a) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report that includes—
(1) details of any ongoing use of open burn pits; and
(2) the feasibility of phasing out the use of open burn
pits by using technology incinerators.
(b) OPEN BURN PIT DEFINED.—In this section, the term ‘‘open
burn pit’’ means an area of land—
(1) that is designated by the Secretary of Defense to be
used for disposing solid waste by burning in the outdoor air;
and
(2) does not contain a commercially manufactured inciner-
dkrause on DSKBC28HB2PROD with PUBLAWS
ator or other equipment specifically designed and manufactured
for the burning of solid waste.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00097 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1732 PUBLIC LAW 115–232—AUG. 13, 2018
10 USC 771 note SEC. 356. NOTIFICATION REQUIREMENTS RELATING TO CHANGES TO
prec. UNIFORM OF MEMBERS OF THE UNIFORMED SERVICES.
(a) DLA NOTIFICATION.—The Secretary of a military depart-
ment shall notify the Commander of the Defense Logistics Agency
of any plan to implement a change to any uniform or uniform
component of a member of the uniformed services. Such notification
shall be made not less than three years prior to the implementation
of such change.
(b) CONTRACTOR NOTIFICATION.—The Commander of the
Defense Logistics Agency shall notify a contractor when one of
the uniformed services plans to make a change to a uniform compo-
nent that is provided by that contractor. Such a notification shall
be made not less than 12 months prior to any announcement
of a public solicitation for the manufacture of the new uniform
component.
(c) WAIVER.—If the Secretary of a military department or the
Commander of the Defense Logistics Agency determines that the
notification requirement under subsection (a) would adversely affect
operational safety, force protection, or the national security interests
of the United States, the Secretary or the Commander may waive
such requirement.
10 USC 221 note. SEC. 357. REPORTING ON FUTURE YEARS BUDGETING BY SUBACTIVITY
GROUP.
Along with the budget for each fiscal year submitted by the
President pursuant to section 1105(a) of title 31, United States
Code, the Secretary of Defense and the Secretaries of the military
departments shall include in the OP-5 Justification Books, as
detailed by Department of Defense Financial Management Regula-
tion 7000.14–R, the amount for each individual subactivity group,
as detailed in the Department’s future years defense program pursu-
ant to section 221 of title 10, United States Code.
10 USC 117 note. SEC. 358. LIMITATION ON AVAILABILITY OF FUNDS FOR SERVICE-SPE-
CIFIC DEFENSE READINESS REPORTING SYSTEMS.
(a) LIMITATION.—None of the funds authorized to be appro-
priated by this Act or otherwise made available for the Department
of Defense for fiscal year 2019 for research, development, test,
and evaluation or procurement, and available to develop service-
specific Defense Readiness Reporting Systems (referred to in this
section as ‘‘DRRS’’) may be made available for such purpose except
for required maintenance and in order to facilitate the transition
to DRRS-Strategic (referred to in this section as ‘‘DRRS-S’’).
(b) PLAN.—Not later than February 1, 2019, the Under Sec-
retary for Personnel and Readiness shall submit to the congressional
defense committees a resource and funding plan to include a
schedule with relevant milestones on the elimination of service-
specific DRRS and the migration of the military services and other
organizations to DRRS-S.
(c) TRANSITION.—The military services shall complete the
transition to DRRS-S not later than October 1, 2019. The Secretary
of Defense shall notify the congressional defense committees upon
the complete transition of the services.
(d) REPORTING REQUIREMENT.—
(1) IN GENERAL.—The Under Secretary for Personnel and
dkrause on DSKBC28HB2PROD with PUBLAWS
Readiness, the Under Secretary for Acquisition and
Sustainment, and the Under Secretary for Research and
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00098 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1733
Engineering, in coordination with the Secretaries of the military
departments and other organizations with relevant technical
expertise, shall establish a working group including individuals
with expertise in application or software development, data
science, testing, and development and assessment of perform-
ance metrics to assess the current process for collecting, ana-
lyzing, and communicating readiness data, and develop a
strategy for implementing any recommended changes to
improve and establish readiness metrics using the current
DRRS-Strategic platform.
(2) ELEMENTS.—The assessment conducted pursuant to
paragraph (1) shall include—
(A) identification of modern tools, methods, and
approaches to readiness to more effectively and efficiently
collect, analyze, and make decision based on readiness
data; and
(B) consideration of cost and schedule.
(3) SUBMISSION TO CONGRESS.—Not later than February
1, 2020, the Secretary of Defense shall submit to the congres-
sional defense committees the assessment conducted pursuant
to paragraph (1).
(e) DEFENSE READINESS REPORTING REQUIREMENTS.—To the
maximum extent practicable, the Secretary of Defense shall meet
defense readiness reporting requirements consistent with the rec-
ommendations of the working group established under subsection
(d)(1).
SEC. 359. PRIORITIZATION OF ENVIRONMENTAL IMPACTS FOR FACILI- 10 USC 2661
TIES SUSTAINMENT, RESTORATION, AND MODERNIZATION note.
DEMOLITION.
The Secretary of Defense shall establish prioritization metrics
for facilities deemed eligible for demolition within the Facilities
Sustainment, Restoration, and Modernization (FSRM) process.
Those metrics shall include full spectrum readiness and environ-
mental impacts, including the removal of contamination.
SEC. 360. SENSE OF CONGRESS RELATING TO SOO LOCKS, SAULT
SAINTE MARIE, MICHIGAN.
It is the sense of Congress that—
(1) the Soo Locks in Sault Ste. Marie, Michigan, are of
critical importance to the national security of the United States;
(2) the Soo Locks are the only waterway connection from
Lake Superior to the Lower Great Lakes and the St. Lawrence
Seaway;
(3) only the Poe Lock is of sufficient size to allow for
the passage of the largest cargo vessels that transport well
over 90 percent of all iron ore mined in the United States,
and this lock is nearing the end of its 50-year useful lifespan;
(4) a report issued by the Office of Cyber and Infrastructure
Analysis of the Department of Homeland Security concluded
that an unscheduled 6-month outage of the Poe Lock would
cause—
(A) a dramatic increase in national and regional
unemployment; and
(B) 75 percent of Great Lakes steel production, and
nearly all North American appliance, automobile, railcar,
dkrause on DSKBC28HB2PROD with PUBLAWS
and construction, farm, and mining equipment production
to cease;
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00099 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1734 PUBLIC LAW 115–232—AUG. 13, 2018
(5) the Corps of Engineers is reevaluating a past economic
evaluation report to update the benefit-to-cost ratio for building
a new lock at the Soo Locks; and
(6) the Secretary of the Army and all relevant Federal
agencies should—
(A) expedite the completion of the report described
in paragraph (5) and ensure the analysis adequately
reflects the critical importance of the Soo Locks infrastruc-
ture to the national security and economy of the United
States; and
(B) expedite all other necessary reviews, analysis, and
approvals needed to speed the required upgrades at the
Soo Locks.
SEC. 361. U.S. SPECIAL OPERATIONS COMMAND CIVILIAN PERSONNEL.
Notwithstanding section 143 of title 10, United States Code,
of the funds authorized to be appropriated by this Act for Operation
and Maintenance, Defense-wide for United States Special Oper-
ations Command civilian personnel, not less than $4,000,000 shall
be used to fund additional civilian personnel in or directly sup-
porting the office of the Assistant Secretary of Defense for Special
Operations and Low-Intensity Conflict to support the Assistant
Secretary in fulfilling the additional responsibilities of the Assistant
Secretary that were added by the amendments to sections 138(b)(4),
139b, and 167 of title 10, United States Code, made by section
922 of the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114–328).
TITLE IV—MILITARY PERSONNEL
AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum levels.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active duty
for operational support.
Subtitle C—Authorization of Appropriations
Sec. 421. Military personnel.
Subtitle A—Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty
personnel as of September 30, 2019, as follows:
(1) The Army, 487,500.
(2) The Navy, 335,400.
dkrause on DSKBC28HB2PROD with PUBLAWS
(3) The Marine Corps, 186,100.
(4) The Air Force, 329,100.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00100 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1735
SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END STRENGTH
MINIMUM LEVELS.
Section 691(b) of title 10, United States Code, is amended
by striking paragraphs (1) through (4) and inserting the following
new paragraphs:
‘‘(1) For the Army, 487,500.
‘‘(2) For the Navy, 335,400.
‘‘(3) For the Marine Corps, 186,100.
‘‘(4) For the Air Force, 329,100.’’.
Subtitle B—Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) IN GENERAL.—The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as of
September 30, 2019, as follows:
(1) The Army National Guard of the United States, 343,500.
(2) The Army Reserve, 199,500.
(3) The Navy Reserve, 59,100.
(4) The Marine Corps Reserve, 38,500.
(5) The Air National Guard of the United States, 107,100.
(6) The Air Force Reserve, 70,000.
(7) The Coast Guard Reserve, 7,000.
(b) END STRENGTH REDUCTIONS.—The end strengths prescribed
by subsection (a) for the Selected Reserve of any reserve component
shall be proportionately reduced by—
(1) the total authorized strength of units organized to serve
as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of
the fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training
or for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
(c) END STRENGTH INCREASES.—Whenever units or individual
members of the Selected Reserve of any reserve component are
released from active duty during any fiscal year, the end strength
prescribed for such fiscal year for the Selected Reserve of such
reserve component shall be increased proportionately by the total
authorized strengths of such units and by the total number of
such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUP-
PORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2019, the following number of Reserves to be serving
on full-time active duty or full-time duty, in the case of members
of the National Guard, for the purpose of organizing, administering,
recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 30,595.
(2) The Army Reserve, 16,386.
(3) The Navy Reserve, 10,110.
dkrause on DSKBC28HB2PROD with PUBLAWS
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 19,861.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00101 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1736 PUBLIC LAW 115–232—AUG. 13, 2018
(6) The Air Force Reserve, 3,849.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).
The minimum number of military technicians (dual status)
as of the last day of fiscal year 2019 for the reserve components
of the Army and the Air Force (notwithstanding section 129 of
title 10, United States Code) shall be the following:
(1) For the Army National Guard of the United States,
22,294.
(2) For the Army Reserve, 6,492.
(3) For the Air National Guard of the United States, 15,861.
(4) For the Air Force Reserve, 8,880.
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED
TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2019, the maximum number of members
of the reserve components of the Armed Forces who may be serving
at any time on full-time operational support duty under section
115(b) of title 10, United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C—Authorization of
Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal year 2019 for the use
of the Armed Forces and other activities and agencies of the Depart-
ment of Defense for expenses, not otherwise provided for, for mili-
tary personnel, as specified in the funding table in section 4401.
(b) CONSTRUCTION OF AUTHORIZATION.—The authorization of
appropriations in subsection (a) supersedes any other authorization
of appropriations (definite or indefinite) for such purpose for fiscal
year 2019.
TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Repeal of requirement for ability to complete 20 years of service by age
62 as qualification for original appointment as a regular commissioned
officer.
Sec. 502. Enhancement of availability of constructive service credit for private sec-
tor training or experience upon original appointment as a commissioned
officer.
Sec. 503. Standardized temporary promotion authority across the military depart-
ments for officers in certain grades with critical skills.
Sec. 504. Authority for promotion boards to recommend officers of particular merit
be placed higher on a promotion list.
Sec. 505. Authority for officers to opt out of promotion board consideration.
dkrause on DSKBC28HB2PROD with PUBLAWS
Sec. 506. Applicability to additional officer grades of authority for continuation on
active duty of officers in certain military specialties and career tracks.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00102 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1737
Sec. 507. Alternative promotion authority for officers in designated competitive cat-
egories of officers.
Sec. 508. Attending Physician to the Congress.
Sec. 509. Matters relating to satisfactory service in grade for purposes of retire-
ment grade of officers in highest grade of satisfactory service.
Sec. 510. Grades of Chiefs of Chaplains.
Sec. 511. Repeal of original appointment qualification requirement for warrant offi-
cers in the regular Army.
Sec. 512. Reduction in number of years of active naval service required for perma-
nent appointment as a limited duty officer.
Sec. 513. Authority to designate certain reserve officers as not to be considered for
selection for promotion.
Sec. 514. GAO review of surface warfare career paths.
Subtitle B—Reserve Component Management
Sec. 515. Authorized strength and distribution in grade.
Sec. 516. Repeal of prohibition on service on Army Reserve Forces Policy Com-
mittee by members on active duty.
Sec. 517. Expansion of personnel subject to authority of the Chief of the National
Guard Bureau in the execution of functions and missions of the National
Guard Bureau.
Sec. 518. Authority to adjust effective date of promotion in the event of undue
delay in extending Federal recognition of promotion.
Sec. 519. National Guard Youth Challenge Program.
Sec. 520. Extension of authority for pilot program on use of retired senior enlisted
members of the Army National Guard as Army National Guard recruit-
ers.
Subtitle C—General Service Authorities and Correction of Military Records
Sec. 521. Enlistments vital to the national interest.
Sec. 522. Statement of benefits.
Sec. 523. Modification to forms of support that may be accepted in support of the
mission of the Defense POW/MIA Accounting Agency.
Sec. 524. Assessment of Navy standard workweek and related adjustments.
Sec. 525. Notification on manning of afloat naval forces.
Sec. 526. Navy watchstander records.
Sec. 527. Qualification experience requirements for certain Navy watchstations.
Subtitle D—Military Justice
Sec. 531. Inclusion of strangulation and suffocation in conduct constituting aggra-
vated assault for purposes of the Uniform Code of Military Justice.
Sec. 532. Punitive article on domestic violence under the Uniform Code of Military
Justice.
Sec. 533. Authorities of Defense Advisory Committee on Investigation, Prosecution,
and Defense of Sexual Assault in the Armed Forces.
Sec. 534. Report on feasibility of expanding services of the Special Victims’ Counsel
to victims of domestic violence.
Sec. 535. Uniform command action form on disposition of unrestricted sexual as-
sault cases involving members of the Armed Forces.
Sec. 536. Standardization of policies related to expedited transfer in cases of sexual
assault or domestic violence.
Subtitle E—Other Legal Matters
Sec. 541. Clarification of expiration of term of appellate military judges of the
United States Court of Military Commission Review.
Sec. 542. Security clearance reinvestigation of certain personnel who commit cer-
tain offenses.
Sec. 543. Development of oversight plan for implementation of Department of De-
fense harassment prevention and response policy.
Sec. 544. Oversight of registered sex offender management program.
Sec. 545. Development of resource guides regarding sexual assault for the military
service academies.
Sec. 546. Improved crime reporting.
Sec. 547. Report on victims of sexual assault in reports of military criminal inves-
tigative organizations.
Subtitle F—Member Education, Training, Resilience, and Transition
Sec. 551. Permanent career intermission program.
Sec. 552. Improvements to Transition Assistance Program.
dkrause on DSKBC28HB2PROD with PUBLAWS
Sec. 553. Repeal of program on encouragement of postseparation public and com-
munity service.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00103 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1738 PUBLIC LAW 115–232—AUG. 13, 2018
Sec. 554. Clarification of application and honorable service requirements under the
Troops-to-Teachers Program to members of the Retired Reserve.
Sec. 555. Employment and compensation of civilian faculty members at the Joint
Special Operations University.
Sec. 556. Program to assist members of the Armed Forces in obtaining professional
credentials.
Sec. 557. Enhancement of authorities in connection with Junior Reserve Officers’
Training Corps programs.
Sec. 558. Expansion of period of availability of Military OneSource program for re-
tired and discharged members of the Armed Forces and their immediate
families.
Sec. 559. Prohibition on use of funds for attendance of enlisted personnel at senior
level and intermediate level officer professional military education
courses.
Subtitle G—Defense Dependents’ Education
Sec. 561. Assistance to schools with military dependent students.
Sec. 562. Department of Defense Education Activity policies and procedures on sex-
ual harassment of students of Activity schools.
Sec. 563. Department of Defense Education Activity misconduct database.
Sec. 564. Assessment and report on active shooter threat mitigation at schools lo-
cated on military installations.
Subtitle H—Military Family Readiness Matters
Sec. 571. Department of Defense Military Family Readiness Council matters.
Sec. 572. Enhancement and clarification of family support services for family mem-
bers of members of special operations forces.
Sec. 573. Temporary expansion of authority for noncompetitive appointments of
military spouses by Federal agencies.
Sec. 574. Improvement of My Career Advancement Account program for military
spouses.
Sec. 575. Assessment and report on the effects of permanent changes of station on
employment among military spouses.
Sec. 576. Provisional or interim clearances to provide childcare services at military
childcare centers.
Sec. 577. Multidisciplinary teams for military installations on child abuse and
other domestic violence.
Sec. 578. Pilot program for military families: prevention of child abuse and training
on safe childcare practices.
Sec. 579. Assessment and report on small business activities of military spouses on
military installations in the United States.
Subtitle I—Decorations and Awards
Sec. 581. Atomic veterans service certificate.
Sec. 582. Award of medals or other commendations to handlers of military working
dogs.
Sec. 583. Authorization for award of distinguished-service cross to Justin T.
Gallegos for acts of valor during Operation Enduring Freedom.
Subtitle J—Miscellaneous Reports and Other Matters
Sec. 591. Annual defense manpower requirements report matters.
Sec. 592. Burial of unclaimed remains of inmates at the United States Disciplinary
Barracks Cemetery, Fort Leavenworth, Kansas.
Sec. 593. Standardization of frequency of academy visits of the Air Force Academy
Board of Visitors with academy visits of boards of other military service
academies.
Sec. 594. National Commission on Military, National, and Public Service matters.
Sec. 595. Public availability of top-line numbers of deployed members of the Armed
Forces.
Sec. 596. Report on general and flag officer costs.
Sec. 597. Study on active service obligations for medical training with other service
obligations for education or training and health professional recruiting.
Sec. 598. Criteria for interment at Arlington National Cemetery.
Sec. 599. Limitation on use of funds pending submittal of report on Army Mar-
keting and Advertising Program.
dkrause on DSKBC28HB2PROD with PUBLAWS
Sec. 600. Proof of period of military service for purposes of interest rate limitation
under the Servicemembers Civil Relief Act.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00104 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1739
Subtitle A—Officer Personnel Policy
SEC. 501. REPEAL OF REQUIREMENT FOR ABILITY TO COMPLETE 20
YEARS OF SERVICE BY AGE 62 AS QUALIFICATION FOR
ORIGINAL APPOINTMENT AS A REGULAR COMMISSIONED
OFFICER.
(a) REPEAL.—Subsection (a) of section 532 of title 10, United
States Code, is amended—
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3), (4), and (5) as para-
graphs (2), (3), and (4), respectively.
(b) CONFORMING AMENDMENT.—Such section is further
amended by striking subsection (d).
(c) EFFECTIVE DATE.—The amendments made by this section 10 USC 532 note.
shall take effect on the date of the enactment of this Act, and
shall apply with respect to original appointments of regular commis-
sioned officers of the Armed Forces made on or after that date.
SEC. 502. ENHANCEMENT OF AVAILABILITY OF CONSTRUCTIVE
SERVICE CREDIT FOR PRIVATE SECTOR TRAINING OR
EXPERIENCE UPON ORIGINAL APPOINTMENT AS A
COMMISSIONED OFFICER.
(a) REGULAR OFFICERS.—
(1) IN GENERAL.—Subsection (b) of section 533 of title 10,
United States Code, is amended—
(A) in paragraph (1), by striking subparagraph (D)
and inserting the following new subparagraph (D):
‘‘(D) Additional credit for special training or experience
in a particular officer career field as designated by the Secretary
concerned, if such training or experience is directly related
to the operational needs of the armed force concerned.’’; and
(B) in paragraph (2)—
(i) by striking ‘‘Except as authorized by the Sec-
retary concerned in individual cases and under regula-
tions prescribed by the Secretary of Defense in the
case of a medical or dental officer, the amount’’ and
inserting ‘‘The amount’’; and
(ii) by striking ‘‘in the grade of major in the Army,
Air Force, or Marine Corps or lieutenant commander
in the Navy’’ and inserting ‘‘in the grade of colonel
in the Army, Air Force, or Marine Corps or captain
in the Navy’’.
(2) REPEAL OF TEMPORARY AUTHORITY FOR SERVICE CREDIT
FOR CRITICALLY NECESSARY CYBERSPACE-RELATED EXPERI-
ENCE.—Such section is further amended—
(A) in subsections (a)(2) and (c), by striking ‘‘or (g)’’;
and
(B) by striking subsection (g).
(b) RESERVE OFFICERS.—
(1) IN GENERAL.—Subsection (b) of section 12207 of title
10, United States Code, is amended—
(A) in paragraph (1), by striking subparagraph (D)
and inserting the following new subparagraph (D):
dkrause on DSKBC28HB2PROD with PUBLAWS
‘‘(D) Additional credit for special training or experience
in a particular officer career field as designated by the Secretary
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00105 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1740 PUBLIC LAW 115–232—AUG. 13, 2018
concerned, if such training or experience is directly related
to the operational needs of the armed force concerned.’’; and
(B) by striking paragraph (3) and inserting the fol-
lowing new paragraph (3):
‘‘(3) The amount of constructive service credit credited to an
officer under this subsection may not exceed the amount required
in order for the officer to be eligible for an original appointment
as a reserve officer of the Army, Air Force, or Marine Corps in
the grade of colonel or as a reserve officer of the Navy in the
grade of captain.’’.
(2) REPEAL OF TEMPORARY AUTHORITY FOR SERVICE CREDIT
FOR CRITICALLY NECESSARY CYBERSPACE-RELATED EXPERI-
ENCE.—Such section is further amended—
(A) by striking subsection (e);
(B) by redesignating subsections (f) and (g) as sub-
sections (e) and (f), respectively; and
(C) in subsection (e), as redesignated by subparagraph
(B), by striking ‘‘, (d), or (e)’’ and inserting ‘‘or (d)’’.
SEC. 503. STANDARDIZED TEMPORARY PROMOTION AUTHORITY
ACROSS THE MILITARY DEPARTMENTS FOR OFFICERS IN
CERTAIN GRADES WITH CRITICAL SKILLS.
(a) STANDARDIZED TEMPORARY PROMOTION AUTHORITY.—
(1) IN GENERAL.—Chapter 35 of title 10, United States
Code, is amended by adding at the end the following new
section:
10 USC 605. ‘‘§ 605. Promotion to certain grades for officers with critical
skills: colonel, lieutenant colonel, major, captain;
captain, commander, lieutenant commander,
lieutenant
‘‘(a) IN GENERAL.—An officer in the grade of first lieutenant,
captain, major, or lieutenant colonel in the Army, Air Force, or
Marine Corps, or lieutenant (junior grade), lieutenant, lieutenant
commander, or commander in the Navy, who is described in sub-
section (b) may be temporarily promoted to the grade of captain,
major, lieutenant colonel, or colonel in the Army, Air Force, or
Marine Corps, or lieutenant, lieutenant commander, commander,
or captain in the Navy, as applicable, under regulations prescribed
by the Secretary of the military department concerned. Appoint-
ments under this section shall be made by the President, by and
with the advice and consent of the Senate.
‘‘(b) COVERED OFFICERS.—An officer described in this subsection
is any officer in a grade specified in subsection (a) who—
‘‘(1) has a skill in which the armed force concerned has
a critical shortage of personnel (as determined by the Secretary
of the military department concerned); and
‘‘(2) is serving in a position (as determined by the Secretary
of the military department concerned) that—
‘‘(A) is designated to be held by a captain, major,
lieutenant colonel, or colonel in the Army, Air Force, or
Marine Corps, or lieutenant, lieutenant commander, com-
mander, or captain in the Navy, as applicable; and
‘‘(B) requires that an officer serving in such position
have the skill possessed by such officer.
dkrause on DSKBC28HB2PROD with PUBLAWS
‘‘(c) PRESERVATION OF POSITION AND STATUS OF OFFICERS
APPOINTED.—An appointment under this section does not change
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00106 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1741
the position on the active-duty list or the permanent, probationary,
or acting status of the officer so appointed, prejudice the officer
in regard to other promotions or appointments, or abridge the
rights or benefits of the officer.
‘‘(d) BOARD RECOMMENDATION REQUIRED.—A temporary pro-
motion under this section may be made only upon the recommenda-
tion of a board of officers convened by the Secretary of the military
department concerned for the purpose of recommending officers
for such promotions.
‘‘(e) ACCEPTANCE AND EFFECTIVE DATE OF APPOINTMENT.—Each
appointment under this section, unless expressly declined, is, with-
out formal acceptance, regarded as accepted on the date such
appointment is made, and a member so appointed is entitled to
the pay and allowances of the grade of the temporary promotion
under this section from the date the appointment is made.
‘‘(f) TERMINATION OF APPOINTMENT.—Unless sooner terminated,
an appointment under this section terminates—
‘‘(1) on the date the officer who received the appointment
is promoted to the permanent grade of captain, major, lieuten-
ant colonel, or colonel in the Army, Air Force, or Marine Corps,
or lieutenant, lieutenant commander, commander, or captain
in the Navy; or
‘‘(2) on the date the officer is detached from a position
described in subsection (b)(2), unless the officer is on a pro-
motion list to the permanent grade of captain, major, lieutenant
colonel, or colonel in the Army, Air Force, or Marine Corps,
or lieutenant, lieutenant commander, commander, or captain
in the Navy, in which case the appointment terminates on
the date the officer is promoted to that grade.
‘‘(g) LIMITATION ON NUMBER OF ELIGIBLE POSITIONS.—An
appointment under this section may only be made for service in
a position designated by the Secretary of the military department
concerned for the purposes of this section. The number of positions
so designated may not exceed the following:
‘‘(1) In the case of the Army—
‘‘(A) as captain, 120;
‘‘(B) as major, 350;
‘‘(C) as lieutenant colonel, 200; and
‘‘(D) as colonel, 100.
‘‘(2) In the case of the Air Force—
‘‘(A) as captain, 100;
‘‘(B) as major, 325;
‘‘(C) as lieutenant colonel, 175; and
‘‘(D) as colonel, 80.
‘‘(3) In the case of the Marine Corps—
‘‘(A) as captain, 50;
‘‘(B) as major, 175;
‘‘(C) as lieutenant colonel, 100; and
‘‘(D) as colonel, 50.
‘‘(4) In the case of the Navy—
‘‘(A) as lieutenant, 100;
‘‘(B) as lieutenant commander, 325;
‘‘(C) as commander, 175; and
dkrause on DSKBC28HB2PROD with PUBLAWS
‘‘(D) as captain, 80.’’.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00107 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1742 PUBLIC LAW 115–232—AUG. 13, 2018
(2) CLERICAL AMENDMENT.—The table of sections at the
10 USC 601 prec. beginning of chapter 35 of such title is amended by adding
at the end the following new item:
‘‘605. Promotion to certain grades for officers with critical skills: colonel, lieutenant
colonel, major, captain; captain, commander, lieutenant commander,
lieutenant.’’.
(b) REPEAL OF SUPERSEDED AUTHORITY APPLICABLE TO NAVY
LIEUTENANTS.—
10 USC 5721 (1) REPEAL.—Chapter 544 of title 10, United States Code,
prec. is repealed.
(2) CLERICAL AMENDMENTS.—The tables of chapters at the
beginning of title 10, United States Code, and at the beginning
10 USC 5001 of subtitle C of such title, are each amended by striking the
prec. item relating to chapter 544.
SEC. 504. AUTHORITY FOR PROMOTION BOARDS TO RECOMMEND OFFI-
CERS OF PARTICULAR MERIT BE PLACED HIGHER ON A
PROMOTION LIST.
(a) IN GENERAL.—Section 616 of title 10, United States Code,
is amended by adding at the end the following new subsection:
‘‘(g)(1) In selecting the officers to be recommended for pro-
motion, a selection board may, when authorized by the Secretary
of the military department concerned, recommend officers of par-
ticular merit, from among those officers selected for promotion,
to be placed higher on the promotion list established by the Sec-
retary under section 624(a)(1) of this title.
‘‘(2) An officer may be recommended to be placed higher on
a promotion list under paragraph (1) only if the officer receives
the recommendation of at least a majority of the members of the
board, unless the Secretary concerned establishes an alternative
requirement. Any such alternative requirement shall be furnished
to the board as part of the guidelines furnished to the board
under section 615 of this title.
‘‘(3) For the officers recommended to be placed higher on a
promotion list under paragraph (1), the board shall recommend
the order in which those officers should be placed on the list.’’.
(b) PROMOTION SELECTION BOARD REPORTS RECOMMENDING
OFFICERS OF PARTICULAR MERIT BE PLACED HIGHER ON PROMOTION
LIST.—Section 617 of such title is amended by adding at the end
the following new subsection:
‘‘(d) A selection board convened under section 611(a) of this
title shall, when authorized under section 616(g) of this title, include
in its report to the Secretary concerned the names of those officers
recommended by the board to be placed higher on the promotion
list and the order in which the board recommends that those
officers should be placed on the list.’’.
(c) OFFICERS OF PARTICULAR MERIT APPEARING HIGHER ON
PROMOTION LIST.—Section 624(a)(1) of such title is amended in
the first sentence by adding at the end ‘‘or based on particular
merit, as determined by the promotion board’’.
SEC. 505. AUTHORITY FOR OFFICERS TO OPT OUT OF PROMOTION
BOARD CONSIDERATION.
(a) ACTIVE-DUTY LIST OFFICERS.—Section 619 of title 10, United
States Code, is amended—
dkrause on DSKBC28HB2PROD with PUBLAWS
(1) in subsection (d), by adding at the end the following
new paragraph:
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00108 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1743
‘‘(6) An officer excluded under subsection (e).’’; and
(2) by adding at the end the following new subsection:
‘‘(e) AUTHORITY TO ALLOW OFFICERS TO OPT OUT OF SELECTION
BOARD CONSIDERATION.—(1) The Secretary of a military department
may provide that an officer under the jurisdiction of the Secretary
may, upon the officer’s request and with the approval of the Sec-
retary, be excluded from consideration by a selection board convened
under section 611(a) of this title to consider officers for promotion
to the next higher grade.
‘‘(2) The Secretary concerned may only approve a request under
paragraph (1) if—
‘‘(A) the basis for the request is to allow an officer to
complete a broadening assignment, advanced education,
another assignment of significant value to the Department,
or a career progression requirement delayed by the assignment
or education;
‘‘(B) the Secretary determines the exclusion from consider-
ation is in the best interest of the military department con-
cerned; and
‘‘(C) the officer has not previously failed of selection for
promotion to the grade for which the officer requests the exclu-
sion from consideration.’’.
(b) RESERVE ACTIVE-STATUS LIST OFFICERS.—Section 14301 of
such title is amended—
(1) in subsection (c)—
(A) in the subsection heading, by striking ‘‘PREVIOUSLY
SELECTED OFFICERS NOT ELIGIBLE’’ and inserting ‘‘CERTAIN
OFFICERS NOT’’; and
(B) by adding at the end the following new paragraph:
‘‘(6) An officer excluded under subsection (j).’’; and
(2) by adding at the end the following new subsection:
‘‘(j) AUTHORITY TO ALLOW OFFICERS TO OPT OUT OF SELECTION
BOARD CONSIDERATION.—(1) The Secretary of a military department
may provide that an officer under the jurisdiction of the Secretary
may, upon the officer’s request and with the approval of the Sec-
retary, be excluded from consideration by a selection board convened
under section 14101(a) of this title to consider officers for promotion
to the next higher grade.
‘‘(2) The Secretary concerned may only approve a request under
paragraph (1) if—
‘‘(A) the basis for the request is to allow an officer to
complete a broadening assignment, advanced education,
another assignment of significant value to the Department,
or a career progression requirement delayed by the assignment
or education;
‘‘(B) the Secretary determines the exclusion from consider-
ation is in the best interest of the military department con-
cerned; and
‘‘(C) the officer has not previously failed of selection for
promotion to the grade for which the officer requests the exclu-
sion from consideration.’’.
SEC. 506. APPLICABILITY TO ADDITIONAL OFFICER GRADES OF
AUTHORITY FOR CONTINUATION ON ACTIVE DUTY OF
OFFICERS IN CERTAIN MILITARY SPECIALTIES AND
dkrause on DSKBC28HB2PROD with PUBLAWS
CAREER TRACKS.
Section 637a(a) of title 10, United States Code, is amended—
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00109 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1744 PUBLIC LAW 115–232—AUG. 13, 2018
(1) by striking ‘‘grade O–4’’ and inserting ‘‘grade O–2’’;
and
(2) by inserting ‘‘632,’’ before ‘‘633,’’.
SEC. 507. ALTERNATIVE PROMOTION AUTHORITY FOR OFFICERS IN
DESIGNATED COMPETITIVE CATEGORIES OF OFFICERS.
(a) ALTERNATIVE PROMOTION AUTHORITY.—
(1) IN GENERAL.—Chapter 36 of title 10, United States
Code, is amended by adding at the end the following new
subchapter:
10 USC 649a ‘‘SUBCHAPTER VI—ALTERNATIVE PROMOTION AUTHORITY
prec. FOR OFFICERS IN DESIGNATED COMPETITIVE CATEGORIES
‘‘Sec.
‘‘649a. Officers in designated competitive categories.
‘‘649b. Selection for promotion.
‘‘649c. Eligibility for consideration for promotion.
‘‘649d. Opportunities for consideration for promotion.
‘‘649e. Promotions.
‘‘649f. Failure of selection for promotion.
‘‘649g. Retirement: retirement for years of service; selective early retirement.
‘‘649h. Continuation on active duty.
‘‘649i. Continuation on active duty: officers in certain military specialties and career
tracks.
‘‘649j. Other administrative authorities.
‘‘649k. Regulations.
10 USC 649a. ‘‘§ 649a. Officers in designated competitive categories
‘‘(a) AUTHORITY TO DESIGNATE COMPETITIVE CATEGORIES OF
OFFICERS.—Each Secretary of a military department may designate
one or more competitive categories for promotion of officers under
section 621 of this title that are under the jurisdiction of such
Secretary as a competitive category of officers whose promotion,
retirement, and continuation on active duty shall be subject to
the provisions of this subchapter.
‘‘(b) LIMITATION ON EXERCISE OF AUTHORITY.—The Secretary
of a military department may not designate a competitive category
of officers for purposes of this subchapter until 60 days after the
date on which the Secretary submits to the Committees on Armed
Services of the Senate and the House of Representatives a report
on the designation of the competitive category. The report on the
designation of a competitive category shall set forth the following:
‘‘(1) A detailed description of officer requirements for offi-
cers within the competitive category.
‘‘(2) An explanation of the number of opportunities for
consideration for promotion to each particular grade, and an
estimate of promotion timing, within the competitive category.
‘‘(3) An estimate of the size of the promotion zone for
each grade within the competitive category.
‘‘(4) A description of any other matters the Secretary consid-
ered in determining to designate the competitive category for
purposes of this subchapter.
10 USC 649b. ‘‘§ 649b. Selection for promotion
‘‘(a) IN GENERAL.—Except as provided in this section, the selec-
tion for promotion of officers in any competitive category of officers
dkrause on DSKBC28HB2PROD with PUBLAWS
designated for purposes of this subchapter shall be governed by
the provisions of subchapter I of this chapter.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00110 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1745
‘‘(b) NO RECOMMENDATION FOR PROMOTION OF OFFICERS BELOW
PROMOTION ZONE.—Section 616(b) of this title shall not apply to
the selection for promotion of officers described in subsection (a).
‘‘(c) RECOMMENDATION FOR OFFICERS TO BE EXCLUDED FROM
FUTURE CONSIDERATION FOR PROMOTION.—In making recommenda-
tions pursuant to section 616 of this title for purposes of the
administration of this subchapter, a selection board convened under
section 611(a) of this title may recommend that an officer considered
by the board be excluded from future consideration for promotion
under this chapter.
‘‘§ 649c. Eligibility for consideration for promotion 10 USC 649c.
‘‘(a) IN GENERAL.—Except as provided by this section, eligibility
for promotion of officers in any competitive category of officers
designated for purposes of this subchapter shall be governed by
the provisions of section 619 of this title.
‘‘(b) INAPPLICABILITY OF CERTAIN TIME-IN-GRADE REQUIRE-
MENTS.—Paragraphs (2) through (4) of section 619(a) of this title
shall not apply to the promotion of officers described in subsection
(a).
‘‘(c) INAPPLICABILITY TO OFFICERS ABOVE AND BELOW PRO-
MOTION ZONE.—The following provisions of section 619(c) of this
title shall not apply to the promotion of officers described in sub-
section (a):
‘‘(1) The reference in paragraph (1) of that section to an
officer above the promotion zone.
‘‘(2) Paragraph (2)(A) of that section.
‘‘(d) INELIGIBILITY OF CERTAIN OFFICERS.—The following officers
are not eligible for promotion under this subchapter:
‘‘(1) An officer described in section 619(d) of this title.
‘‘(2) An officer not included within the promotion zone.
‘‘(3) An officer who has failed of promotion to a higher
grade the maximum number of times specified for opportunities
for promotion for such grade within the competitive category
concerned pursuant to section 649d of this title.
‘‘(4) An officer recommended by a selection board to be
removed from consideration for promotion in accordance with
section 649b(c) of this title.
‘‘§ 649d. Opportunities for consideration for promotion 10 USC 649d.
‘‘(a) SPECIFICATION OF NUMBER OF OPPORTUNITIES FOR CONSID-
ERATION FOR PROMOTION.—In designating a competitive category
of officers pursuant to section 649a of this title, the Secretary
of a military department shall specify the number of opportunities
for consideration for promotion to be afforded officers of the armed
force concerned within the category for promotion to each grade
above the grade of first lieutenant or lieutenant (junior grade),
as applicable.
‘‘(b) LIMITED AUTHORITY OF SECRETARY OF MILITARY DEPART-
MENT TO MODIFY NUMBER OF OPPORTUNITIES.—The Secretary of
a military department may modify the number of opportunities
for consideration for promotion to be afforded officers of an armed
force within a competitive category for promotion to a particular
grade, as previously specified by the Secretary pursuant subsection
dkrause on DSKBC28HB2PROD with PUBLAWS
(a) or this subsection, not more frequently than once every five
years.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00111 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1746 PUBLIC LAW 115–232—AUG. 13, 2018
‘‘(c) DISCRETIONARY AUTHORITY OF SECRETARY OF DEFENSE TO
MODIFY NUMBER OF OPPORTUNITIES.—The Secretary of Defense
may modify the number of opportunities for consideration for pro-
motion to be afforded officers of an armed force within a competitive
category for promotion to a particular grade, as previously specified
or modified pursuant to any provision of this section, at the discre-
tion of the Secretary.
‘‘(d) LIMITATION ON NUMBER OF OPPORTUNITIES SPECIFIED.—
The number of opportunities for consideration for promotion to
be afforded officers of an armed force within a competitive category
for promotion to a particular grade, as specified or modified pursu-
ant to any provision of this section, may not exceed five opportuni-
ties.
‘‘(e) EFFECT OF CERTAIN REDUCTION IN NUMBER OF OPPORTUNI-
TIES SPECIFIED.—If, by reason of a reduction in the number of
opportunities for consideration for promotion under this section,
an officer would no longer have one or more opportunities for
consideration for promotion that were available to the officer before
the reduction, the officer shall be afforded one additional oppor-
tunity for consideration for promotion after the reduction.
10 USC 649e. ‘‘§ 649e. Promotions
‘‘Sections 620 through 626 of this title shall apply in promotions
of officers in competitive categories of officers designated for pur-
poses of this subchapter.
10 USC 649f. ‘‘§ 649f. Failure of selection for promotion
‘‘(a) IN GENERAL.—Except as provided in this section, sections
627 through 632 of this title shall apply to promotions of officers
in competitive categories of officers designated for purposes of this
subchapter.
‘‘(b) INAPPLICABILITY OF FAILURE OF SELECTION FOR PROMOTION
TO OFFICERS ABOVE PROMOTION ZONE.—The reference in section
627 of this title to an officer above the promotion zone shall not
apply in the promotion of officers described in subsection (a).
‘‘(c) SPECIAL SELECTION BOARD MATTERS.—The reference in
section 628(a)(1) of this title to a person above the promotion
zone shall not apply in the promotion of officers described in sub-
section (a).
‘‘(d) EFFECT OF FAILURE OF SELECTION.—In the administration
of this subchapter pursuant to subsection (a)—
‘‘(1) an officer described in subsection (a) shall not be
deemed to have failed twice of selection for promotion for pur-
poses of section 629(e)(2) of this title until the officer has
failed selection of promotion to the next higher grade the max-
imum number of times specified for opportunities for promotion
to such grade within the competitive category concerned pursu-
ant to section 649d of this title; and
‘‘(2) any reference in section 631(a) or 632(a) of this title
to an officer who has failed of selection for promotion to the
next higher grade for the second time shall be deemed to
refer instead to an officer described in subsection (a) who has
failed of selection for promotion to the next higher grade for
the maximum number of times specified for opportunities for
dkrause on DSKBC28HB2PROD with PUBLAWS
promotion to such grade within the competitive category con-
cerned pursuant to such section 649d.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00112 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1747
‘‘§ 649g. Retirement: retirement for years of service; selective 10 USC 649g.
early retirement
‘‘(a) RETIREMENT FOR YEARS OF SERVICES.—Sections 633
through 636 of this title shall apply to the retirement of officers
in competitive categories of officers designated for purposes of this
subchapter.
‘‘(b) SELECTIVE EARLY RETIREMENT.—Sections 638 and 638a
of this title shall apply to the retirement of officers described
in subsection (a).
‘‘§ 649h. Continuation on active duty 10 USC 649h.
‘‘(a) IN GENERAL.—An officer subject to discharge or retirement
pursuant to this subchapter may, subject to the needs of the service,
be continued on active duty if the officer is selected for continuation
on active duty in accordance with this section by a selection board
convened under section 611(b) of this title.
‘‘(b) IDENTIFICATION OF POSITIONS FOR OFFICERS CONTINUED
ON ACTIVE DUTY.—
‘‘(1) IN GENERAL.—Officers may be selected for continuation
on active duty pursuant to this section only for assignment
to positions identified by the Secretary of the military depart-
ment concerned for which vacancies exist or are anticipated
to exist.
‘‘(2) IDENTIFICATION.—Before convening a selection board
pursuant to section 611(b) of this title for purposes of selection
of officers for continuation on active duty pursuant to this
section, the Secretary of the military department concerned
shall specify for purposes of the board the positions identified
by the Secretary to which officers selected for continuation
on active duty may be assigned.
‘‘(c) RECOMMENDATION FOR CONTINUATION.—A selection board
may recommend an officer for continuation on active duty pursuant
to this section only if the board determines that the officer is
qualified for assignment to one or more positions identified pursuant
to subsection (b) on the basis of skills, knowledge, and behavior
required of an officer to perform successfully in such position or
positions.
‘‘(d) APPROVAL OF SECRETARY OF MILITARY DEPARTMENT.—
Continuation of an officer on active duty under this section pursuant
to the action of a selection board is subject to the approval of
the Secretary of the military department concerned.
‘‘(e) NONACCEPTANCE OF CONTINUATION.—An officer who is
selected for continuation on active duty pursuant to this section,
but who declines to continue on active duty, shall be discharged
or retired, as appropriate, in accordance with section 632 of this
title.
‘‘(f) PERIOD OF CONTINUATION.—
‘‘(1) IN GENERAL.—An officer continued on active duty
pursuant to this section shall remain on active duty, and serve
in the position to which assigned (or in another position to
which assigned with the approval of the Secretary of the mili-
tary department concerned), for a total of not more than three
years after the date of assignment to the position to which
first so assigned.
‘‘(2) ADDITIONAL CONTINUATION.—An officer whose contin-
dkrause on DSKBC28HB2PROD with PUBLAWS
ued service pursuant to this section would otherwise expire
pursuant to paragraph (1) may be continued on active duty
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00113 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1748 PUBLIC LAW 115–232—AUG. 13, 2018
if selected for continuation on active duty in accordance with
this section before the date of expiration pursuant to that
paragraph.
‘‘(g) EFFECT OF EXPIRATION OF CONTINUATION.—Each officer
continued on active duty pursuant to this subsection who is not
selected for continuation on active duty pursuant to subsection
(f)(2) at the completion of the officer’s term of continued service
shall, unless sooner discharged or retired under another provision
of law—
‘‘(1) be discharged upon the expiration of the term of contin-
ued service; or
‘‘(2) if eligible for retirement under another other provision
of law, be retired under that law on the first day of the first
month following the month in which the officer completes the
term of continued service.
‘‘(h) TREATMENT OF DISCHARGE OR RETIREMENT.—The discharge
or retirement of an officer pursuant to this section shall be consid-
ered to be an involuntary discharge or retirement for purposes
of any other provision of law.
10 USC 649i. ‘‘§ 649i. Continuation on active duty: officers in certain mili-
tary specialties and career tracks
‘‘In addition to continuation on active duty provided for in
section 649h of this title, an officer to whom section 637a of this
title applies may be continued on active duty in accordance with
the provisions of such section 637a.
10 USC 649j. ‘‘§ 649j. Other administrative authorities
‘‘(a) IN GENERAL.—The following provisions of this title shall
apply to officers in competitive categories of officers designated
for purposes of this subchapter:
‘‘(1) Section 638b, relating to voluntary retirement incen-
tives.
‘‘(2) Section 639, relating to continuation on active duty
to complete disciplinary action.
‘‘(3) Section 640, relating to deferment of retirement or
separation for medical reasons.
10 USC 649k. ‘‘§ 649k. Regulations
‘‘The Secretary of Defense shall prescribe regulations regarding
the administration of this subchapter. The elements of such regula-
tions shall include mechanisms to clarify the manner in which
provisions of other subchapters of this chapter shall be used in
the administration of this subchapter in accordance with the provi-
sions of this subchapter.’’.
(2) CLERICAL AMENDMENT.—The table of subchapters at
10 USC 611 prec. the beginning of chapter 36 of such title is amended by adding
at the end the following new item:
‘‘VI. Alternative Promotion Authority for Officers in Designated
Competitive Categories ....................................................................... 649a’’.
(b) REPORT.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall,
in consultation with the Secretaries of the military depart-
dkrause on DSKBC28HB2PROD with PUBLAWS
ments, submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00114 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1749
authorities in subchapter VI of chapter 36 of title 10, United
States Code (as added by subsection (a)).
(2) ELEMENTS.—The report shall include the following:
(A) A detailed analysis and assessment of the manner
in which the exercise of the authorities in subchapter VI
of chapter 36 of title 10, United States Code (as so added),
will effect the career progression of commissioned officers
in the Armed Forces.
(B) A description of the competitive categories of offi-
cers that are anticipated to be designated as competitive
categories of officers for purposes of such authorities.
(C) A plan for implementation of such authorities.
(D) Such recommendations for legislative or adminis-
trative action as the Secretary of Defense considers appro-
priate to improve or enhance such authorities.
SEC. 508. ATTENDING PHYSICIAN TO THE CONGRESS.
(a) IN GENERAL.—Chapter 41 of title 10, United States Code,
is amended by inserting before section 716 the following new sec-
tion:
‘‘§ 715. Attending Physician to the Congress: grade 10 USC 715.
‘‘A general officer serving as Attending Physician to the Con-
gress, while so serving, holds the grade of major general. A flag
officer serving as Attending Physician to the Congress, while so
serving, holds the grade of rear admiral (upper half).’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting before the item 10 USC 711 prec.
relating to section 716 the following new item:
‘‘715. Attending Physician to the Congress: grade’’.
SEC. 509. MATTERS RELATING TO SATISFACTORY SERVICE IN GRADE
FOR PURPOSES OF RETIREMENT GRADE OF OFFICERS IN
HIGHEST GRADE OF SATISFACTORY SERVICE.
(a) CONDITIONAL DETERMINATIONS OF GRADE OF SATISFACTORY
SERVICE.—
(1) IN GENERAL.—Subsection (a)(1) of section 1370 of title
10, United States Code, is amended by adding at the end
the following new sentences: ‘‘When an officer is under inves-
tigation for alleged misconduct at the time of retirement, the
Secretary concerned may conditionally determine the highest
grade of satisfactory service of the officer pending completion
of the investigation. Such grade is subject to resolution under
subsection (b)(3).’’.
(2) OFFICERS IN O–9 AND O–10 GRADES.—Subsection (c) of
such section is amended by adding at the end the following
new paragraph:
‘‘(4) The Secretary of Defense may make a conditional certifi-
cation regarding satisfactory service in grade under paragraph (1)
with respect to an officer under that paragraph notwithstanding
the fact that there is pending the disposition of an adverse personnel
action against the officer for alleged misconduct. The retired grade
of an officer following such a conditional certification is subject
to resolution under subsection (b)(3).’’.
(3) RESERVE OFFICERS.—Subsection (d)(1) of such section
dkrause on DSKBC28HB2PROD with PUBLAWS
is amended by adding at the end the following new sentences:
‘‘When an officer is under investigation for alleged misconduct
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00115 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1750 PUBLIC LAW 115–232—AUG. 13, 2018
at the time of retirement, the Secretary concerned may condi-
tionally determine the highest grade of satisfactory service
of the officer pending completion of the investigation. Such
grade is subject to resolution under subsection (b)(3).’’.
(b) CODIFICATION OF LOWERED GRADE FOR RETIRED OFFICERS
OR PERSONS WHO COMMITTED MISCONDUCT IN A LOWER GRADE.—
(1) IN GENERAL.—Subsection (b) of such section is
amended—
(A) in the heading, by striking ‘‘NEXT’’;
(B) by inserting ‘‘(1)’’ before ‘‘An’’; and
(C) by adding at the end the following new paragraphs:
‘‘(2) In the case of an officer or person whom the Secretary
concerned determines committed misconduct in a lower grade, the
Secretary concerned may determine the officer or person has not
served satisfactorily in any grade equal to or higher than that
lower grade.
‘‘(3) A determination or certification of the retired grade of
an officer shall be resolved following a conditional determination
under subsection (a)(1) or (d)(1) or conditional certification under
subsection (c)(4), if the investigation of or personnel action against
the officer, as applicable, results in adverse findings. If the retired
grade of an officer is reduced, the retired pay of the officer under
chapter 71 of this title shall be recalculated, and any modification
of the retired pay of the officer shall go into effect on the effective
date of the reduction in retired grade.’’.
(2) CONFORMING AMENDMENTS.—Such section is amended—
(A) in subsection (a)(1)—
(i) by striking ‘‘higher’’ and inserting ‘‘different’’;
and
(ii) by striking ‘‘except as provided in paragraph
(2)’’ and inserting ‘‘subject to paragraph (2) and sub-
section (b)’’;
(B) in subsection (c)(1), by striking ‘‘An officer’’ and
inserting ‘‘Subject to subsection (b), an officer’’; and
(C) in subsection (d)(1)—
(i) by striking ‘‘higher’’ each place it appears and
inserting ‘‘different’’; and
(ii) by inserting ‘‘, subject to subsection (b),’’ before
‘‘shall’’.
(c) FINALITY OF RETIRED GRADE DETERMINATIONS.—Such sec-
tion is further amended by adding at the end the following new
subsection:
‘‘(f) FINALITY OF RETIRED GRADE DETERMINATIONS.—(1) Except
as otherwise provided by law, a determination or certification of
the retired grade of an officer pursuant to this section is administra-
tively final on the day the officer is retired, and may not be
reopened.
‘‘(2) A determination or certification of the retired grade of
an officer may be reopened as follows:
‘‘(A) If the retirement or retired grade of the officer was
procured by fraud.
‘‘(B) If substantial evidence comes to light after the retire-
ment that could have led to a lower retired grade under this
section if known by competent authority at the time of retire-
ment.
dkrause on DSKBC28HB2PROD with PUBLAWS
‘‘(C) If a mistake of law or calculation was made in the
determination of the retired grade.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00116 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1751
‘‘(D) In the case of a retired grade following a conditional
determination under subsection (a)(1) or (d)(1) or conditional
certification under subsection (c)(4), if the investigation of or
personnel action against the officer, as applicable, results in
adverse findings.
‘‘(E) If the Secretary concerned determines, pursuant to
regulations prescribed by the Secretary of Defense, that good
cause exists to reopen the determination or certification.
‘‘(3) If a determination or certification of the retired grade
of an officer is reopened, the Secretary concerned—
‘‘(A) shall notify the officer of the reopening; and
‘‘(B) may not make an adverse determination on the retired
grade of the officer until the officer has had a reasonable
opportunity to respond regarding the basis of the reopening.
‘‘(4) If a certification of the retired grade of an officer covered
by subsection (c) is reopened, the Secretary concerned shall also
notify the President and Congress of the reopening.
‘‘(5) If the retired grade of an officer is reduced through the
reopening of the officer’s retired grade, the retired pay of the officer
under chapter 71 of this title shall be recalculated, and any modi-
fication of the retired pay of the officer shall go into effect on
the effective date of the reduction of the officer’s retired grade.’’.
SEC. 510. GRADES OF CHIEFS OF CHAPLAINS.
(a) ARMY.—Section 3073 of title 10, United States Code, is
amended—
(1) by inserting ‘‘(a)’’ before ‘‘There’’; and
(2) by adding at the end the following new subsection:
‘‘(b) The Chief of Chaplains, while so serving, holds the grade
of major general.’’.
(b) NAVY.—Section 5142 of title 10, United States Code, is
amended by adding at the end the following new subsection:
‘‘(e) The Chief of Chaplains, while so serving, holds the grade
of rear admiral (upper half).’’.
(c) AIR FORCE.—Section 8039 of title 10, United States Code,
is amended by adding at the end the following new subsection:
‘‘(c) GRADE OF CHIEF OF CHAPLAINS.—The Chief of Chaplains,
while so serving, holds the grade of major general.’’.
SEC. 511. REPEAL OF ORIGINAL APPOINTMENT QUALIFICATION
REQUIREMENT FOR WARRANT OFFICERS IN THE REGULAR
ARMY.
(a) IN GENERAL.—Section 3310 of title 10, United States Code,
is repealed.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 335 of such title is amended by striking the item 10 USC 3281
relating to section 3310. prec.
SEC. 512. REDUCTION IN NUMBER OF YEARS OF ACTIVE NAVAL
SERVICE REQUIRED FOR PERMANENT APPOINTMENT AS
A LIMITED DUTY OFFICER.
Section 5589(d) of title 10, United States Code, is amended
by striking ‘‘10 years’’ and inserting ‘‘8 years’’.
dkrause on DSKBC28HB2PROD with PUBLAWS
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00117 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1752 PUBLIC LAW 115–232—AUG. 13, 2018
SEC. 513. AUTHORITY TO DESIGNATE CERTAIN RESERVE OFFICERS
AS NOT TO BE CONSIDERED FOR SELECTION FOR PRO-
MOTION.
Section 14301 of title 10, United States Code, as amended
by section 505, is further amended by adding at the end the fol-
lowing new subsection:
‘‘(k) CERTAIN OFFICERS NOT TO BE CONSIDERED FOR SELECTION
FOR PROMOTION.—The Secretary of the military department con-
cerned may provide that an officer who is in an active status,
but is in a duty status in which the only points the officer accrues
under section 12732(a)(2) of this title are pursuant to subparagraph
(C)(i) of that section (relating to membership in a reserve compo-
nent), shall not be considered for selection for promotion until
completion of two years of service in such duty status. Any such
officer may remain on the reserve active-status list.’’.
SEC. 514. GAO REVIEW OF SURFACE WARFARE CAREER PATHS.
(a) GAO REVIEW.—The Comptroller General of the United
States shall conduct a review of Navy surface warfare career paths.
(b) ELEMENTS.—The review under subsection (a) shall include
the following:
(1) A description of current and previous career paths for
officers in the regular and reserve components of the Navy
that are related to surface warfare, including career paths
for—
(A) unrestricted line officers;
(B) limited duty officers;
(C) engineering duty officers; and
(D) warrant officers.
(2) Any prior study that examined career paths described
in paragraph (1).
(3) The current and historical personnel levels (fit/fill rates)
and deployment tempos aboard naval vessels for each of the
career paths described in paragraph (1).
(4) A comparison of the career paths of surface warfare
officers with the career paths of surface warfare officers of
foreign navies including—
(A) initial training;
(B) follow-on training;
(C) career milestones;
(D) qualification standards; and
(E) watch standing requirements.
(5) Any other matter the Comptroller General determines
appropriate.
(c) DEADLINES.—Not later than March 1, 2019, the Comptroller
General shall brief the congressional defense committees on the
preliminary findings of the study under this section. The Comp-
troller General shall submit a final report to the congressional
defense committees as soon as practicable after such briefing.
Subtitle B—Reserve Component
Management
SEC. 515. AUTHORIZED STRENGTH AND DISTRIBUTION IN GRADE.
dkrause on DSKBC28HB2PROD with PUBLAWS
(a) STRENGTH AND GRADE AUTHORIZATIONS.—Section 12011(a)
of title 10, United States Code is amended by striking those parts
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00118 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1753
of the table pertaining to the Air National Guard and inserting
the following:
‘‘Air National Guard:
Major Lieutenant Colonel Colonel
10,000 ............................... 763 745 333
12,000 ............................... 915 923 377
14,000 ............................... 1,065 1,057 402
16,000 ............................... 1,211 1,185 426
18,000 ............................... 1,347 1,313 450
20,000 ............................... 1,463 1,440 468
22,000 ............................... 1,606 1,569 494
24,000 ............................... 1,739 1,697 517
26,000 ............................... 1,872 1,825 539
28,000 ............................... 2,005 1,954 562
30,000 ............................... 2,138 2,082 585
32,000 ............................... 2,271 2,210 608
34,000 ............................... 2,404 2,338 630
36,000 ............................... 2,537 2,466 653
38,000 ............................... 2,670 2,595 676
40,000 ............................... 2,803 2,723 698’’.
(b) STRENGTH AND GRADE AUTHORIZATIONS.—Section 12012(a)
of title 10, United States Code is amended by striking those parts
of the table pertaining to the Air National Guard and inserting
the following:
‘‘Air National Guard:
E-8 E-9
10,000 ................................................................ 1,350 550
12,000 ................................................................ 1,466 594
14,000 ................................................................ 1,582 636
16,000 ................................................................ 1,698 676
18,000 ................................................................ 1,814 714
20,000 ................................................................ 1,930 752
22,000 ................................................................ 2,046 790
24,000 ................................................................ 2,162 828
26,000 ................................................................ 2,278 866
28,000 ................................................................ 2,394 904
30,000 ................................................................ 2,510 942
32,000 ................................................................ 2,626 980
34,000 ................................................................ 2,742 1,018
36,000 ................................................................ 2,858 1,056
38,000 ................................................................ 2,974 1,094
40,000 ................................................................ 3,090 1,132’’.
SEC. 516. REPEAL OF PROHIBITION ON SERVICE ON ARMY RESERVE
FORCES POLICY COMMITTEE BY MEMBERS ON ACTIVE
DUTY.
Section 10302 of title 10, United States Code, is amended—
(1) in subsection (b), by striking ‘‘not on active duty’’ each
place it appears; and
(2) in subsection (c)—
(A) by inserting ‘‘of the reserve components’’ after
‘‘among the members’’; and
(B) by striking ‘‘not on active duty’’.
dkrause on DSKBC28HB2PROD with PUBLAWS
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00119 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1754 PUBLIC LAW 115–232—AUG. 13, 2018
SEC. 517. EXPANSION OF PERSONNEL SUBJECT TO AUTHORITY OF
THE CHIEF OF THE NATIONAL GUARD BUREAU IN THE
EXECUTION OF FUNCTIONS AND MISSIONS OF THE
NATIONAL GUARD BUREAU.
Section 10508(b)(1) of title 10, United States Code, is amended
by striking ‘‘sections 2103,’’ and all that follows through ‘‘of title
32,’’ and inserting ‘‘sections 2102, 2103, 2105, and 3101 of title
5, subchapter IV of chapter 53 of title 5, or section 328 of title
32,’’.
SEC. 518. AUTHORITY TO ADJUST EFFECTIVE DATE OF PROMOTION
IN THE EVENT OF UNDUE DELAY IN EXTENDING FEDERAL
RECOGNITION OF PROMOTION.
(a) IN GENERAL.—Section 14308(f) of title 10, United States
Code, is amended—
(1) by inserting ‘‘(1)’’ before ‘‘The effective date of pro-
motion’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) If the Secretary concerned determines that there was an
undue delay in extending Federal recognition in the next higher
grade in the Army National Guard or the Air National Guard
to a reserve commissioned officer of the Army or the Air Force,
and the delay was not attributable to the action (or inaction) of
such officer, the effective date of the promotion concerned under
paragraph (1) may be adjusted to a date determined by the Sec-
retary concerned, but not earlier than the effective date of the
State promotion.’’.
10 USC 14308 (b) EFFECTIVE DATE.—The amendments made by subsection
note. (a) shall take effect on the date of the enactment of this Act,
and shall apply with respect to promotions of officers whose State
effective date is on or after that date.
SEC. 519. NATIONAL GUARD YOUTH CHALLENGE PROGRAM.
Section 509(h) of title 32, United States Code, is amended—
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new para-
graph:
‘‘(2) Equipment and facilities of the Department of Defense
may be used by the National Guard for purposes of carrying out
the Program.’’.
SEC. 520. EXTENSION OF AUTHORITY FOR PILOT PROGRAM ON USE
OF RETIRED SENIOR ENLISTED MEMBERS OF THE ARMY
NATIONAL GUARD AS ARMY NATIONAL GUARD
RECRUITERS.
Section 514 of the National Defense Authorization Act for Fiscal
10 USC 3013 Year 2018 (Public Law 115–91) is amended—
note. (1) in subsection (d), by striking ‘‘2020’’ and inserting
‘‘2021’’; and
(2) in subsection (f), by striking ‘‘2019’’ and inserting ‘‘2020’’.
dkrause on DSKBC28HB2PROD with PUBLAWS
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00120 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1755
Subtitle C—General Service Authorities
and Correction of Military Records
SEC. 521. ENLISTMENTS VITAL TO THE NATIONAL INTEREST.
(a) IN GENERAL.—Section 504(b) of title 10, United States Code,
is amended—
(1) in paragraph (2)—
(A) by inserting ‘‘and subject to paragraph (3),’’ after
‘‘Notwithstanding paragraph (1),’’;
(B) by striking ‘‘enlistment is vital to the national
interest.’’ and inserting ‘‘person possesses a critical skill
or expertise—’’; and
(C) by adding at the end the following new subpara-
graphs:
‘‘(A) that is vital to the national interest; and
‘‘(B) that the person will use in the primary daily duties
of that person as a member of the armed forces.’’; and
(2) by adding at the end the following new paragraph
(3):
‘‘(3)(A) No person who enlists under paragraph (2) may report
to initial training until after the Secretary concerned has completed
all required background investigations and security and suitability
screening as determined by the Secretary of Defense regarding
that person.
‘‘(B) A Secretary concerned may not authorize more than 1,000
enlistments under paragraph (2) per military department in a cal-
endar year until after—
‘‘(i) the Secretary of Defense submits to Congress written
notice of the intent of that Secretary concerned to authorize
more than 1,000 such enlistments in a calendar year; and
‘‘(ii) a period of 30 days has elapsed after the date on
which Congress receives the notice.’’.
(b) REPORT.—
(1) IN GENERAL.—Not later than December 31, 2019, and
annually thereafter for each of the subsequent four years, the
Secretary concerned shall submit a report to the Committees
on Armed Services and the Judiciary of the Senate and the
House of Representatives regarding persons who enter into
enlistment contracts under section 504(b)(2) of title 10, United
States Code, as amended by subsection (a).
(2) ELEMENTS.—Each report under this subsection shall
include the following:
(A) The number of such persons who have entered
into such contracts during the preceding calendar year.
(B) How many such persons have successfully com-
pleted background investigations and vetting procedures.
(C) How many such persons have begun initial
training.
(D) The skills that are vital to the national interest
that such persons possess.
SEC. 522. STATEMENT OF BENEFITS.
dkrause on DSKBC28HB2PROD with PUBLAWS
(a) IN GENERAL.—Chapter 58 of title 10, United States Code,
is amended by adding at the end the following new section:
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00121 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1756 PUBLIC LAW 115–232—AUG. 13, 2018
10 USC 1155. ‘‘§ 1155. Statement of benefits
‘‘(a) BEFORE SEPARATION.—Not later than 30 days before a
member retires, is released, is discharged, or otherwise separates
from the armed forces (or as soon as is practicable in the case
of an unanticipated separation), the Secretary concerned shall pro-
vide that member with a current assessment of all benefits to
which that member may be entitled under laws administered by—
‘‘(1) the Secretary of Defense; and
‘‘(2) the Secretary of Veterans Affairs.
‘‘(b) STATEMENT FOR RESERVES.—The Secretary concerned shall
provide a member of a reserve component with a current assessment
of benefits described in subsection (a) upon release of that member
from active duty.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
10 USC 1141 ning of such chapter is amended by inserting after the item relating
prec. to section 1154 the following new item:
‘‘1155. Statement of benefits.’’.
SEC. 523. MODIFICATION TO FORMS OF SUPPORT THAT MAY BE
ACCEPTED IN SUPPORT OF THE MISSION OF THE DEFENSE
POW/MIA ACCOUNTING AGENCY.
(a) PUBLIC-PRIVATE PARTNERSHIPS.—Subsection (a) of section
1501a of title 10, United States Code, is amended by adding at
the end the following new sentence: ‘‘An employee of an entity
outside the Government that has entered into a public-private
partnership, cooperative agreement, or a grant arrangement with,
or in direct support of, the designated Defense Agency under this
section shall be considered to be an employee of the Federal Govern-
ment by reason of participation in such partnership, cooperative
agreement, or grant, only for the purposes of section 552a of title
5 (relating to maintenance of records on individuals).’’.
(b) AUTHORITY TO ACCEPT GIFTS IN SUPPORT OF MISSION TO
ACCOUNT FOR MISSING PERSONS FROM PAST CONFLICTS.—Such sec-
tion is further amended—
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively;
(2) by inserting after subsection (d) the following new sub-
section (e):
‘‘(e) ACCEPTANCE OF GIFTS.—
‘‘(1) AUTHORITY TO ACCEPT.—Subject to subsection (f)(2),
the Secretary may accept, hold, administer, spend, and use
any gift of personal property, money, or services made on
the condition that the gift be used for the purpose of facilitating
accounting for missing persons pursuant to section 1501(a)(2)(C)
of this title.
‘‘(2) GIFT FUNDS.—Gifts and bequests of money accepted
under this subsection shall be deposited in the Treasury in
the Department of Defense General Gift Fund.
‘‘(3) USE OF GIFTS.—Personal property and money accepted
under this subsection may be used by the Secretary, and serv-
ices accepted under this subsection may be performed, without
further specific authorization in law.
‘‘(4) EXPENSES OF TRANSFER.—The Secretary may pay all
dkrause on DSKBC28HB2PROD with PUBLAWS
necessary expenses in connection with the conveyance or
transfer of a gift accepted under this subsection.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00122 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1757
‘‘(5) EXPENSES OF CARE.—The Secretary may pay all reason-
able and necessary expenses in connection with the care of
a gift accepted under this subsection.’’; and
(3) by adding at the end of subsection (g), as redesignated
by paragraph (1) of this subsection, the following new para-
graph:
‘‘(3) GIFT.—The term ‘gift’ includes a devise or bequest.’’.
(c) CONFORMING AMENDMENT.—Subsection (a) of such section
is further amended by striking ‘‘subsection (e)(1)’’ and inserting
‘‘subsection (f)(1)’’.
SEC. 524. ASSESSMENT OF NAVY STANDARD WORKWEEK AND RELATED
ADJUSTMENTS.
(a) ASSESSMENT.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Navy shall—
(1) complete a comprehensive assessment of the standard
workweek of the Navy;
(2) carry out the activities required under subsections (b)
and (c).
(b) ADJUSTMENTS.—The Secretary of the Navy shall—
(1) update instruction 1000.16L of the Office of the Chief
of Naval Operations titled ‘‘Navy Total Force Manpower Policies
and Procedures’’ in order to—
(A) analyze and quantify current in-port workloads;
and
(B) based on the analysis carried out pursuant to
subparagraph (A), identify the manpower necessary to exe-
cute in-port workloads for all surface ship classes;
(2) update the criteria set forth in the instruction that
are used to reassess the factors for calculating manpower
requirements periodically or when conditions change; and
(3) taking into account the updates required by paragraphs
(1) and (2), identify personnel needs and costs associated with
the planned larger size of the Navy fleet.
(c) ADDED DEMANDS.—The Secretary of the Navy shall identify
and quantify any increased or new requirements with respect to
Navy ship crews, including Ready, Relevant Learning training
periods and additional work that affects readiness and technical
qualifications for Navy ship crews.
SEC. 525. NOTIFICATION ON MANNING OF AFLOAT NAVAL FORCES. 10 USC 8013
note.
(a) IN GENERAL.—The Secretary of the Navy shall notify the
congressional defense committees, in writing, not later than 15
days after any of the following conditions are met:
(1) The manning fit for a covered ship is less than 87
percent.
(2) The manning fill for a covered ship is less than 90
percent.
(b) NOTIFICATION REQUIRED.—The notification required by sub-
section (a) shall include, with respect to a covered ship, the fol-
lowing:
(1) The name and hull number of the ship.
(2) The homeport location of the ship.
(3) The current manning fit and fill of the ship.
(4) The lowest levels of manning fit and fill projected for
dkrause on DSKBC28HB2PROD with PUBLAWS
the ship and the date on which such levels are expected to
occur.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00123 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1758 PUBLIC LAW 115–232—AUG. 13, 2018
(5) The projected date on which the Navy will achieve
a manning fit and fill at least 87 percent and 90 percent,
respectively, for the ship.
(6) The projected date on which the Navy will achieve
a manning fit and fill of at least 92 percent and 95 percent,
respectively, for the ship.
(7) A description of any reasons the Navy will not achieve
manning fit and fill of at least 87 percent and 90 percent,
respectively, for the ship, including a detailed description of
the specific ratings or skillset areas that must be manned
to achieve those percentages.
(8) A description of corrective actions the Navy is taking
to improve manning fit or manning fill on the ship.
(c) SPECIAL RULE.—For purposes of determining whether a
percentage of manning fit or manning fill has been achieved, a
sailor in a more senior paygrade may count as filling the billet
of a more junior paygrade, but a sailor in a more junior paygrade
may not count as filling the billet of a more senior paygrade.
(d) DEFINITIONS.—In this section:
(1) MANNING FIT.—The term ‘‘manning fit’’ means the skills
(rating), specialty skills (Navy Enlisted Classifications), and
experience (paygrade) for the ship as compared with the billets
authorized for such skills and experience.
(2) MANNING FILL.—The term ‘‘manning fill’’, in the case
of a ship, means the total number of military personnel assigned
to the ship by rating when compared with the billets authorized
for the ship by rating.
(3) COVERED SHIP.—The term ‘‘covered ship’’ means a
commissioned battle force ship that is included in the battle
force count of the Naval Vessel Register.
10 USC 8013 SEC. 526. NAVY WATCHSTANDER RECORDS.
note.
(a) IN GENERAL.—The Secretary of the Navy shall require that,
commencing not later than 180 days after the date of the enactment
of this Act, key watchstanders on Navy surface ships shall maintain
a career record of watchstanding hours and specific operational
evolutions.
(b) KEY WATCHSTANDER DEFINED.—In this section, the term
‘‘key watchstander’’ means each of the following:
(1) Officer of the Deck.
(2) Engineering Officer of the Watch.
(3) Conning Officer or Piloting Officer.
(4) Any other officer specified by the Secretary for purposes
of this section.
(c) BRIEFINGS OF CONGRESS.—
(1) INITIAL BRIEFING.—Not later than 150 days after the
date of the enactment of this Act, the Secretary shall provide
to the Committees on Armed Services of the Senate and the
House of Representatives a briefing on the plan of the Secretary
for the maintenance of watchstander records, including updates
to policy documents.
(2) UPDATE BRIEFINGS.—Not later than one year after the
briefing pursuant to paragraph (1), and annually thereafter
for the next two years, the Secretary shall provide to the
committees of Congress referred to in that paragraph an update
dkrause on DSKBC28HB2PROD with PUBLAWS
briefing on the status of the implementation of the plan
described in that paragraph.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00124 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1759
SEC. 527. QUALIFICATION EXPERIENCE REQUIREMENTS FOR CERTAIN
NAVY WATCHSTATIONS.
(a) IN GENERAL.—Not later than 180 days after the date the
of enactment of this Act, the Secretary of the Navy shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives a report on the adequacy of individual training
for certain watchstations, including any planned or recommended
changes in qualification standards for such watchstations.
(b) WATCHSTATIONS.—The watchstations covered by the report
required by subsection (a) are the following:
(1) Officer of the Deck.
(2) Combat Information Center Watch Officer.
(3) Tactical Action Officer.
(4) Engineering Officer of the Watch.
(5) Conning Officer or Piloting Officer.
Subtitle D—Military Justice
SEC. 531. INCLUSION OF STRANGULATION AND SUFFOCATION IN CON-
DUCT CONSTITUTING AGGRAVATED ASSAULT FOR PUR-
POSES OF THE UNIFORM CODE OF MILITARY JUSTICE.
(a) IN GENERAL.—Subsection (b) of section 928 of title 10,
United States Code (article 128 of the Uniform Code of Military
Justice), is amended—
(1) in paragraph (1), by striking ‘‘or’’ at the end;
(2) in paragraph (2), by adding ‘‘or’’ after the semicolon;
and
(3) by inserting after paragraph (2) the following new para-
graph:
‘‘(3) who commits an assault by strangulation or suffo-
cation;’’.
(b) EFFECTIVE DATE.—The amendments made by subsection 10 USC 928 note.
(a) shall take effect on January 1, 2019, immediately after the
coming into effect of the amendment made by section 5441 of
the Military Justice Act of 2016 (division E of Public Law 114–
328; 130 Stat. 2954) as provided in section 5542 of that Act (130
Stat. 2967; 10 U.S.C. 801 note).
SEC. 532. PUNITIVE ARTICLE ON DOMESTIC VIOLENCE UNDER THE
UNIFORM CODE OF MILITARY JUSTICE.
(a) PUNITIVE ARTICLE.—
(1) IN GENERAL.—Subchapter X of chapter 47 of title 10,
United States Code (the Uniform Code of Military Justice),
is amended by inserting after section 928a (article 128a) the
following new section (article):
‘‘§ 928b. Art. 128b. 10 USC 928b
note.
‘‘Any person who—
‘‘(1) commits a violent offense against a spouse, an intimate
partner, or an immediate family member of that person;
‘‘(2) with intent to threaten or intimidate a spouse, an
intimate partner, or an immediate family member of that per-
son—
dkrause on DSKBC28HB2PROD with PUBLAWS
‘‘(A) commits an offense under this chapter against
any person; or
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00125 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1760 PUBLIC LAW 115–232—AUG. 13, 2018
‘‘(B) commits an offense under this chapter against
any property, including an animal;
‘‘(3) with intent to threaten or intimidate a spouse, an
intimate partner, or an immediate family member of that per-
son, violates a protection order;
‘‘(4) with intent to commit a violent offense against a
spouse, an intimate partner, or an immediate family member
of that person, violates a protection order; or
‘‘(5) assaults a spouse, an intimate partner, or an imme-
diate family member of that person by strangling or suffocating;
shall be punished as a court-martial may direct.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of subchapter X of chapter 47 of such title (the
10 USC 877 prec. Uniform Code of Military Justice) is amended by inserting
after the item relating to section 928a (article 128a) the fol-
lowing new item:
‘‘928b. 128b. Domestic violence.’’.
10 USC 928b (b) EFFECTIVE DATE.—The amendments made by this section
note. shall take effect on January 1, 2019, immediately after the coming
into effect of the amendments made by the Military Justice Act
of 2016 (division E of Public Law 114–328) as provided in section
5542 of that Act (130 Stat. 2967; 10 U.S.C. 801 note).
SEC. 533. AUTHORITIES OF DEFENSE ADVISORY COMMITTEE ON INVES-
TIGATION, PROSECUTION, AND DEFENSE OF SEXUAL
ASSAULT IN THE ARMED FORCES.
Section 546 of the Carl Levin and Howard P. ‘‘Buck’’ McKeon
National Defense Authorization Act for Fiscal Year 2015 (10 U.S.C.
1561 note) is amended—
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new sub-
section (d):
‘‘(d) AUTHORITIES.—
‘‘(1) HEARINGS.—The Advisory Committee may hold such
hearings, sit and act at such times and places, take such
testimony, and receive such evidence as the committee considers
appropriate to carry out its duties under this section.
‘‘(2) INFORMATION FROM FEDERAL AGENCIES.—Upon request
by the chair of the Advisory Committee, a department or agency
of the Federal Government shall provide information that the
Advisory Committee considers necessary to carry out its duties
under this section. In carrying out this paragraph, the depart-
ment or agency shall take steps to prevent the unauthorized
disclosure of personally identifiable information.’’.
SEC. 534. REPORT ON FEASIBILITY OF EXPANDING SERVICES OF THE
SPECIAL VICTIMS’ COUNSEL TO VICTIMS OF DOMESTIC
VIOLENCE.
(a) REPORT REQUIRED.—Not later than February 1, 2019, the
Secretary of Defense, in consultation with the Secretaries of the
military departments, shall submit a report to the Committees
on Armed Services of the Senate and House of Representatives
regarding the feasibility and advisability of expanding eligibility
for the Special Victims’ Counsel programs under section 1044e
dkrause on DSKBC28HB2PROD with PUBLAWS
of title 10, United States Code (hereinafter referred to as ‘‘the
SVC programs’’), to include victims of domestic violence.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00126 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1761
(b) ELEMENTS.—The report under this section shall include
the following:
(1) The current workload of the SVC programs.
(2) An analysis of the current personnel authorizations
for the SVC programs.
(3) The optimal personnel levels for the SVC programs.
(4) An analysis of the effects that the expansion described
in subsection (a) would have on the SVC programs, including—
(A) the estimated increase in workload;
(B) the estimated number of additional personnel that
would be required to accommodate such increase; and
(C) the ability of the military departments to fill any
additionally authorized billets for SVC programs with
qualified judge advocates who possess military justice
experience.
SEC. 535. UNIFORM COMMAND ACTION FORM ON DISPOSITION OF 10 USC 1561
UNRESTRICTED SEXUAL ASSAULT CASES INVOLVING MEM- note.
BERS OF THE ARMED FORCES.
The Secretary of Defense shall establish a uniform command
action form, applicable across the Armed Forces, for reporting the
final disposition of cases of sexual assault in which—
(1) the alleged offender is a member of the Armed Forces;
and
(2) the victim files an unrestricted report on the alleged
assault.
SEC. 536. STANDARDIZATION OF POLICIES RELATED TO EXPEDITED 10 USC 673 note.
TRANSFER IN CASES OF SEXUAL ASSAULT OR DOMESTIC
VIOLENCE.
(a) POLICIES FOR MEMBERS.—The Secretary of Defense shall
modify, in accordance with section 673 of title 10, United States
Code, all policies that the Secretary determines necessary to estab-
lish a standardized expedited transfer process for a member of
the Army, Navy, Air Force, or Marine Corps who is the alleged
victim of—
(1) sexual assault (regardless of whether the case is handled
under the Sexual Assault Prevention and Response Program
or Family Advocacy Program); or
(2) physical domestic violence (as defined by the Secretary
in regulations prescribed under this section) committed by the
spouse or intimate partner of the member, regardless of
whether the spouse or intimate partner is a member of the
Armed Forces.
(b) POLICY FOR DEPENDENTS OF MEMBERS.—The Secretary of
Defense shall establish a policy to allow the transfer of a member
of the Army, Navy, Air Force, or Marine Corps whose dependent
is the victim of sexual assault perpetrated by a member of the
Armed Forces who is not related to the victim.
Subtitle E—Other Legal Matters
SEC. 541. CLARIFICATION OF EXPIRATION OF TERM OF APPELLATE
MILITARY JUDGES OF THE UNITED STATES COURT OF
MILITARY COMMISSION REVIEW.
dkrause on DSKBC28HB2PROD with PUBLAWS
(a) IN GENERAL.—Section 950f(b) of title 10, United States
Code, is amended by adding at the end the following new paragraph:
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00127 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1762 PUBLIC LAW 115–232—AUG. 13, 2018
‘‘(6) The term of an appellate military judge assigned to the
Court under paragraph (2) or appointed to the Court under para-
graph (3) shall expire on the earlier of the date on which—
‘‘(A) the judge leaves active duty; or
‘‘(B) the judge is reassigned to other duties in accordance
with section 949b(b)(4) of this title.’’.
10 USC 950f (b) APPLICABILITY.—The amendment made by subsection (a)
note. shall apply to each judge of the United States Court of Military
Commission Review serving on that court on the date of the enact-
ment of this Act and each judge assigned or appointed to that
court on or after such date.
SEC. 542. SECURITY CLEARANCE REINVESTIGATION OF CERTAIN PER-
SONNEL WHO COMMIT CERTAIN OFFENSES.
Section 1564 of title 10, United States Code, is amended—
(1) by redesignating subsections (c), (d), (e), and (f) as
subsection (d), (e), (f), and (g), respectively; and
(2) by inserting after subsection (b) the following new sub-
section (c):
‘‘(c) REINVESTIGATION OR READJUDICATION OF CERTAIN INDIVID-
UALS.—(1) The Secretary of Defense shall conduct an investigation
or adjudication under subsection (a) of any individual described
in paragraph (2) upon—
‘‘(A) conviction of that individual by a court of competent
jurisdiction for—
‘‘(i) sexual assault;
‘‘(ii) sexual harassment;
‘‘(iii) fraud against the United States; or
‘‘(iv) any other violation that the Secretary determines
renders that individual susceptible to blackmail or raises
serious concern regarding the ability of that individual
to hold a security clearance; or
‘‘(B) determination by a commanding officer that that indi-
vidual has committed an offense described in subparagraph
(A).
‘‘(2) An individual described in this paragraph in an individual
who has a security clearance and is—
‘‘(A) a flag officer;
‘‘(B) a general officer; or
‘‘(C) an employee of the Department of Defense in the
Senior Executive Service.
‘‘(3) The Secretary shall ensure that relevant information on
the conviction or determination described in paragraph (1) of an
individual described in paragraph (2) during the preceding year,
regardless of whether the individual has retired or resigned or
has been discharged, released, or otherwise separated from the
armed forces, is reported into Federal law enforcement records
and security clearance databases, and that such information is
transmitted, as appropriate, to other Federal agencies.
‘‘(4) In this subsection:
‘‘(A) The term ‘sexual assault’ includes rape, sexual assault,
forcible sodomy, aggravated sexual contact, abusive sexual con-
tact, and attempts to commit such offenses, as those terms
are defined in chapter 47 of this title (the Uniform Code of
Military Justice).
dkrause on DSKBC28HB2PROD with PUBLAWS
‘‘(B) The term ‘sexual harassment’ has the meaning given
that term in section 1561 of this title.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00128 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1763
‘‘(C) The term ‘fraud against the United States’ means
a violation of section 932 of this title (article 132 of the Uniform
Code of Military Justice).’’.
SEC. 543. DEVELOPMENT OF OVERSIGHT PLAN FOR IMPLEMENTATION
OF DEPARTMENT OF DEFENSE HARASSMENT PREVENTION
AND RESPONSE POLICY.
(a) DEVELOPMENT.—The Secretary of Defense shall develop a
plan for overseeing the implementation of the instruction titled
‘‘Harassment Prevention and Response in the Armed Forces’’, pub-
lished on February 8, 2018 (DODI–1020.03).
(b) ELEMENTS.—The plan under subsection (a) shall require
the military services and other components of the Department
of Defense to take steps by certain dates to implement harassment
prevention and response programs under such instruction, including
no less than the following:
(1) Submitting implementation plans to the Director, Force
Resiliency.
(2) Incorporating performance measures that assess the
effectiveness of harassment prevention and response programs.
(3) Adopting compliance standards for promoting, sup-
porting, and enforcing policies, plans, and programs.
(4) Tracking, collecting, and reporting data and information
on sexual harassment incidents based on standards established
by the Secretary.
(5) Instituting anonymous complaint mechanisms.
(c) REPORT.—Not later than July 1, 2019, the Secretary shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the oversight plan devel-
oped under this section. The report shall include, for each military
service and component of the Department of Defense, the
implementation status of each element of the oversight plan.
SEC. 544. OVERSIGHT OF REGISTERED SEX OFFENDER MANAGEMENT 10 USC 131 note.
PROGRAM.
(a) DESIGNATION OF OFFICIAL OR ENTITY.—The Secretary of
Defense shall designate a single official or existing entity within
the Office of the Secretary of Defense to serve as the official or
entity (as the case may be) with principal responsibility in the
Department of Defense for providing oversight of the registered
sex offender management program of the Department.
(b) DUTIES.—The official or entity designated under subsection
(a) shall—
(1) monitor compliance with Department of Defense
Instruction 5525.20 and other relevant polices;
(2) compile data on members serving in the military depart-
ments who have been convicted of a qualifying sex offense,
including data on the sex offender registration status of each
such member;
(3) maintain statistics on the total number of active duty
service members in each military department who are required
to register as sex offenders; and
(4) perform such other duties as the Secretary of Defense
determines to be appropriate.
(c) BRIEFING REQUIRED.—Not later than June 1, 2019, the
dkrause on DSKBC28HB2PROD with PUBLAWS
Secretary of Defense shall provide to the Committee on Armed
Services of the House of Representatives a briefing on—
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00129 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1764 PUBLIC LAW 115–232—AUG. 13, 2018
(1) the compliance of the military departments with the
policies of the Department of Defense relating to registered
sex offenders;
(2) the results of the data compilation described in sub-
section (b)(2); and
(3) any other matters the Secretary determines to be appro-
priate.
(d) MILITARY DEPARTMENTS DEFINED.—In this section, the term
‘‘military departments’’ has the meaning given that term in section
101(a)(8) of title 10, United States Code.
10 USC 7461 SEC. 545. DEVELOPMENT OF RESOURCE GUIDES REGARDING SEXUAL
note. ASSAULT FOR THE MILITARY SERVICE ACADEMIES.
(a) DEVELOPMENT.—Not later than 30 days after the date of
the enactment of this Act, each Superintendent of a military service
academy shall develop and maintain a resource guide for students
at the respective military service academies regarding sexual
assault.
(b) ELEMENTS.—Each guide developed under this section shall
include the following information with regards to the relevant mili-
tary service academy:
(1) PROCESS OVERVIEW AND DEFINITIONS.—
(A) An explanation of prohibited conduct, including
examples.
(B) An explanation of consent.
(C) Victims’ rights.
(D) Clearly described complaint process, including to
whom a complaint may be filed.
(E) Explanations of restricted and unrestricted
reporting.
(F) List of mandatory reporters.
(G) Protections from retaliation.
(H) Assurance that leadership will take appropriate
corrective action.
(I) References to specific policies.
(J) Resources for survivors.
(2) EMERGENCY SERVICES.—
(A) Contact information.
(B) Location.
(3) SUPPORT AND COUNSELING.—Contact information for
the following support and counseling resources:
(A) The Sexual Assault Prevention and Response
Victim Advocate or other equivalent advocate or counselor
available to students in cases of sexual assault.
(B) The Sexual Harassment/Assault Response and
Prevention Resource Program Center.
(C) Peer counseling.
(D) Medical care.
(E) Legal counsel.
(F) Hotlines.
(G) Chaplain or other spiritual representatives.
(c) DISTRIBUTION.—Each Superintendent shall provide the cur-
rent guide developed by that Superintendent under this section—
(1) not later than 30 days after completing development
under subsection (a) to each student who is enrolled at the
dkrause on DSKBC28HB2PROD with PUBLAWS
military service academy of that Superintendent on the date
of the enactment of this Act;
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00130 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1765
(2) at the beginning of each academic year after the date
of the enactment of this Act to each student who enrolls at
the military service academy of that Superintendent; and
(3) as soon as practicable to a student at the military
service academy of that Superintendent who reports that such
student is a victim of sexual assault.
SEC. 546. IMPROVED CRIME REPORTING. 10 USC 113 note.
(a) TRACKING PROCESS.—The Secretary of Defense, in consulta-
tion with the secretaries of the military departments, shall establish
a consolidated tracking process for the Department of Defense to
ensure increased oversight of the timely submission of crime
reporting data to the Federal Bureau of Investigation under section
922(g) of title 18, United States Code, and Department of Defense
Instruction 5505.11, ‘‘Fingerprint Card and Final Disposition Report
Submission Requirements’’. The tracking process shall, to the max-
imum extent possible, standardize and automate reporting and
increase the ability of the Department to track such submissions.
(b) LETTER REQUIRED.—Not later than July 1, 2019, the Sec-
retary of Defense shall submit a letter to the Committees on Armed
Services of the Senate and House of Representatives that details
the tracking process under subsection (a).
SEC. 547. REPORT ON VICTIMS OF SEXUAL ASSAULT IN REPORTS OF 10 USC 1561
MILITARY CRIMINAL INVESTIGATIVE ORGANIZATIONS. note.
(a) REPORT.—Not later than September 30, 2019, and not less
frequently than once every two years thereafter, the Secretary
of Defense, acting through the Defense Advisory Committee on
Investigation, Prosecution, and Defense of Sexual Assault in the
Armed Forces shall submit to the congressional defense committees
a report that includes, with respect to the period of two years
preceding the date of the submittal of the report, the following:
(1) The number of instances in which a covered individual
was accused of misconduct or crimes considered collateral to
the investigation of a sexual assault committed against the
individual.
(2) The number of instances in which adverse action was
taken against a covered individual who was accused of collateral
misconduct or crimes as described in paragraph (1).
(3) The percentage of investigations of sexual assaults that
involved an accusation or adverse action against a covered
individual as described in paragraphs (1) and (2).
(b) COVERED INDIVIDUAL DEFINED.—In this section, the term
‘‘covered individual’’ means an individual who is identified as a
victim of a sexual assault in the case files of a military criminal
investigative organization.
Subtitle F—Member Education, Training,
Resilience, and Transition
SEC. 551. PERMANENT CAREER INTERMISSION PROGRAM.
(a) CODIFICATION AND PERMANENT AUTHORITY.—Chapter 40 of
dkrause on DSKBC28HB2PROD with PUBLAWS
title 10, United States Code, is amended by adding at the end
the following new section 710:
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00131 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1766 PUBLIC LAW 115–232—AUG. 13, 2018
10 USC 710. ‘‘§ 710. Career flexibility to enhance retention of members
‘‘(a) PROGRAMS AUTHORIZED.—Each Secretary of a military
department may carry out programs under which members of the
regular components and members on Active Guard and Reserve
duty of the armed forces under the jurisdiction of such Secretary
may be inactivated from active service in order to meet personal
or professional needs and returned to active service at the end
of such period of inactivation from active service.
‘‘(b) PERIOD OF INACTIVATION FROM ACTIVE SERVICE; EFFECT
OF INACTIVATION.—(1) The period of inactivation from active service
under a program under this section of a member participating
in the program shall be such period as the Secretary of the military
department concerned shall specify in the agreement of the member
under subsection (c), except that such period may not exceed three
years.
‘‘(2) Any service by a Reserve officer while participating in
a program under this section shall be excluded from computation
of the total years of service of that officer pursuant to section
14706(a) of this title.
‘‘(3) Any period of participation of a member in a program
under this section shall not count toward—
‘‘(A) eligibility for retirement or transfer to the Ready
Reserve under either chapter 571 or 1223 of this title; or
‘‘(B) computation of retired or retainer pay under chapter
71 or 1223 of this title.
‘‘(c) AGREEMENT.—Each member of the armed forces who
participates in a program under this section shall enter into a
written agreement with the Secretary of the military department
concerned under which agreement that member shall agree as
follows:
‘‘(1) To accept an appointment or enlist, as applicable,
and serve in the Ready Reserve of the armed force concerned
during the period of the inactivation of the member from active
service under the program.
‘‘(2) To undergo during the period of the inactivation of
the member from active service under the program such inac-
tive service training as the Secretary concerned shall require
in order to ensure that the member retains proficiency, at
a level determined by the Secretary concerned to be sufficient,
in the military skills, professional qualifications, and physical
readiness of the member during the inactivation of the member
from active service.
‘‘(3) Following completion of the period of the inactivation
of the member from active service under the program, to serve
two months as a member of the armed forces on active service
for each month of the period of the inactivation of the member
from active service under the program.
‘‘(d) CONDITIONS OF RELEASE.—The Secretary of Defense shall
prescribe regulations specifying the guidelines regarding the condi-
tions of release that must be considered and addressed in the
agreement required by subsection (c). At a minimum, the Secretary
shall prescribe the procedures and standards to be used to instruct
a member on the obligations to be assumed by the member under
paragraph (2) of such subsection while the member is released
from active service.
dkrause on DSKBC28HB2PROD with PUBLAWS
‘‘(e) ORDER TO ACTIVE SERVICE.—Under regulations prescribed
by the Secretary of the military department concerned, a member
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00132 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1767
of the armed forces participating in a program under this section
may, in the discretion of such Secretary, be required to terminate
participation in the program and be ordered to active service.
‘‘(f) PAY AND ALLOWANCES.—(1) During each month of participa-
tion in a program under this section, a member who participates
in the program shall be paid basic pay in an amount equal to
two-thirtieths of the amount of monthly basic pay to which the
member would otherwise be entitled under section 204 of title
37 as a member of the uniformed services on active service in
the grade and years of service of the member when the member
commences participation in the program.
‘‘(2)(A) A member who participates in a program shall not,
while participating in the program, be paid any special or incentive
pay or bonus to which the member is otherwise entitled under
an agreement under chapter 5 of title 37 that is in force when
the member commences participation in the program.
‘‘(B) The inactivation from active service of a member partici-
pating in a program shall not be treated as a failure of the member
to perform any period of service required of the member in connec-
tion with an agreement for a special or incentive pay or bonus
under chapter 5 of title 37 that is in force when the member
commences participation in the program.
‘‘(3)(A) Subject to subparagraph (B), upon the return of a
member to active service after completion by the member of partici-
pation in a program—
‘‘(i) any agreement entered into by the member under
chapter 5 of title 37 for the payment of a special or incentive
pay or bonus that was in force when the member commenced
participation in the program shall be revived, with the term
of such agreement after revival being the period of the agree-
ment remaining to run when the member commenced participa-
tion in the program; and
‘‘(ii) any special or incentive pay or bonus shall be payable
to the member in accordance with the terms of the agreement
concerned for the term specified in clause (i).
‘‘(B)(i) Subparagraph (A) shall not apply to any special or incen-
tive pay or bonus otherwise covered by that subparagraph with
respect to a member if, at the time of the return of the member
to active service as described in that subparagraph—
‘‘(I) such pay or bonus is no longer authorized by law;
or
‘‘(II) the member does not satisfy eligibility criteria for
such pay or bonus as in effect at the time of the return of
the member to active service.
‘‘(ii) Subparagraph (A) shall cease to apply to any special or
incentive pay or bonus otherwise covered by that subparagraph
with respect to a member if, during the term of the revived agree-
ment of the member under subparagraph (A)(i), such pay or bonus
ceases being authorized by law.
‘‘(C) A member who is ineligible for payment of a special or
incentive pay or bonus otherwise covered by this paragraph by
reason of subparagraph (B)(i)(II) shall be subject to the require-
ments for repayment of such pay or bonus in accordance with
the terms of the applicable agreement of the member under chapter
5 of title 37.
dkrause on DSKBC28HB2PROD with PUBLAWS
‘‘(D) Any service required of a member under an agreement
covered by this paragraph after the member returns to active service
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00133 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1768 PUBLIC LAW 115–232—AUG. 13, 2018
as described in subparagraph (A) shall be in addition to any service
required of the member under an agreement under subsection (c).
‘‘(4)(A) Subject to subparagraph (B), a member who participates
in a program is entitled, while participating in the program, to
the travel and transportation allowances authorized by section 474
of title 37 for—
‘‘(i) travel performed from the residence of the member,
at the time of release from active service to participate in
the program, to the location in the United States designated
by the member as his residence during the period of participa-
tion in the program; and
‘‘(ii) travel performed to the residence of the member upon
return to active service at the end of the participation of the
member in the program.
‘‘(B) An allowance is payable under this paragraph only with
respect to travel of a member to and from a single residence.
‘‘(5) A member who participates in a program is entitled to
carry forward the leave balance existing as of the day on which
the member begins participation and accumulated in accordance
with section 701 of this title, but not to exceed 60 days.
‘‘(g) PROMOTION.—(1)(A) An officer participating in a program
under this section shall not, while participating in the program,
be eligible for consideration for promotion under chapter 36 or
1405 of this title.
‘‘(B) Upon the return of an officer to active service after comple-
tion by the officer of participation in a program—
‘‘(i) the Secretary of the military department concerned
shall adjust the date of rank of the officer in such manner
as the Secretary of Defense shall prescribe in regulations for
purposes of this section; and
‘‘(ii) the officer shall be eligible for consideration for pro-
motion when officers of the same competitive category, grade,
and seniority are eligible for consideration for promotion.
‘‘(2) An enlisted member participating in a program shall not
be eligible for consideration for promotion during the period that—
‘‘(A) begins on the date of the inactivation of the member
from active service under the program; and
‘‘(B) ends at such time after the return of the member
to active service under the program that the member is treat-
able as eligible for promotion by reason of time in grade and
such other requirements as the Secretary of the military depart-
ment concerned shall prescribe in regulations for purposes of
the program.
‘‘(h) CONTINUED ENTITLEMENTS.—A member participating in
a program under this section shall, while participating in the pro-
gram, be treated as a member of the armed forces on active duty
for a period of more than 30 days for purposes of—
‘‘(1) the entitlement of the member and of the dependents
of the member to medical and dental care under the provisions
of chapter 55 of this title; and
‘‘(2) retirement or separation for physical disability under
the provisions of chapters 55 and 61 of this title.’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) TABLE OF SECTIONS.—The table of sections at the begin-
10 USC 701 prec. ning of such chapter is amended by inserting after the item
relating to section 709a the following new item:
dkrause on DSKBC28HB2PROD with PUBLAWS
‘‘710. Career flexibility to enhance retention of members.’’.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00134 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1769
(2) CONFORMING REPEAL.—Section 533 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year
2009 (10 U.S.C. prec. 701 note) is repealed.
SEC. 552. IMPROVEMENTS TO TRANSITION ASSISTANCE PROGRAM.
(a) PATHWAYS FOR TAP.—
(1) IN GENERAL.—Section 1142 of title 10, United States
Code, is amended—
(A) in the section heading by striking ‘‘medical’’ and
inserting ‘‘certain’’;
(B) in subsection (a)—
(i) in paragraph (1), by inserting ‘‘(regardless of
character of discharge)’’ after ‘‘discharge’’;
(ii) in paragraph (3)(A)—
(I) by striking ‘‘as soon as possible during the
12-month period preceding’’ and inserting ‘‘not
later than 365 days before’’;
(II) by striking ‘‘90 days’’ and inserting ‘‘365
days’’; and
(III) by striking ‘‘discharge or release’’ and
inserting ‘‘retirement or other separation’’; and
(iii) in paragraph (3)(B)—
(I) by striking ‘‘90’’ and inserting ‘‘365’’; and
(II) by striking ‘‘90-day’’ and inserting ‘‘365-
day’’;
(C) by redesignating subsection (c) as subsection (d);
(D) by inserting after subsection (b) the following new
subsection (c):
‘‘(c) COUNSELING PATHWAYS.—(1) Each Secretary concerned, in
consultation with the Secretaries of Labor and Veterans Affairs,
shall establish at least three pathways for members of the military
department concerned receiving individualized counseling under
this section. The Secretaries shall design the pathways to address
the needs of members, based on the following factors:
‘‘(A) Rank.
‘‘(B) Term of service.
‘‘(C) Gender.
‘‘(D) Whether the member was a member of a regular
or reserve component of an armed force.
‘‘(E) Disability.
‘‘(F) Character of discharge (including expedited dis-
charge and discharge under conditions other than honor-
able).
‘‘(G) Health (including mental health).
‘‘(H) Military occupational specialty.
‘‘(I) Whether the member intends, after separation,
retirement, or discharge, to—
‘‘(i) seek employment;
‘‘(ii) enroll in a program of higher education;
‘‘(iii) enroll in a program of vocational training;
or
‘‘(iv) become an entrepreneur.
‘‘(J) The educational history of the member.
‘‘(K) The employment history of the member.
‘‘(L) Whether the member has secured—
dkrause on DSKBC28HB2PROD with PUBLAWS
‘‘(i) employment;
‘‘(ii) enrollment in a program of education; or
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00135 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1770 PUBLIC LAW 115–232—AUG. 13, 2018
‘‘(iii) enrollment in a program of vocational
training.
‘‘(M) Other factors the Secretary of Defense and the
Secretary of Homeland Security, in consultation with the
Secretaries of Labor and Veterans Affairs, determine appro-
priate.
‘‘(2) Each member described in subsection (a) shall meet in
person or by video conference with a counselor before beginning
counseling under this section to—
‘‘(A) take a self-assessment designed by the Secretary con-
cerned (in consultation with the Secretaries of Labor and Vet-
erans Affairs) to ensure that the Secretary concerned places
the member in the appropriate pathway under this subsection;
‘‘(B) receive information from the counselor regarding
reenlistment in the armed forces; and
‘‘(C) receive information from the counselor regarding
resources (including resources regarding military sexual
trauma)—
‘‘(i) for members of the armed forces separated, retired,
or discharged;
‘‘(ii) located in the community in which the member
will reside after separation, retirement, or discharge.
‘‘(3) At the meeting under paragraph (2), the member may
elect to have the Secretary concerned (in consultation with the
Secretaries of Labor and Veterans Affairs) provide the contact
information of the member to the resources described in paragraph
(2)(B).’’; and
(E) by adding at the end the following new subsection:
‘‘(e) JOINT SERVICE TRANSCRIPT.—The Secretary concerned shall
provide a copy of the joint service transcript of a member described
in subsection (a) to—
‘‘(1) that member—
‘‘(A) at the meeting with a counselor under subsection
(c)(2); and
‘‘(B) on the day the member separates, retires, or is
discharged; and
‘‘(2) the Secretary of Veterans Affairs on the day the
member separates, retires, or is discharged.’’.
10 USC 1142 (2) DEADLINE.—Each Secretary concerned shall carry out
note. subsection (c) of such section, as amended by paragraph (1),
not later than 1 year after the date of the enactment of this
Act.
(3) GAO STUDY.—Not later than 1 year after the Secretaries
concerned carry out subsection (c) of such section, as amended
by paragraph (1), the Comptroller General of the United States
shall submit to Congress a review of the pathways for the
Transition Assistance Program established under such sub-
section (c).
(b) CONTENTS OF TAP.—
(1) IN GENERAL.—Section 1144 of title 10, United States
Code, is amended—
(A) in subsection (a), by striking ‘‘Such services’’ and
inserting ‘‘Subject to subsection (f)(2), such services’’; and
(B) by amending subsection (f) to read as follows:
dkrause on DSKBC28HB2PROD with PUBLAWS
‘‘(f) PROGRAM CONTENTS.—(1) The program carried out under
this section shall consist of instruction as follows:
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00136 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1771
‘‘(A) One day of preseparation training specific to the
armed force concerned, as determined by the Secretary
concerned.
‘‘(B) One day of instruction regarding—
‘‘(i) benefits under laws administered by the Sec-
retary of Veterans Affairs; and
‘‘(ii) other subjects determined by the Secretary
concerned.
‘‘(C) One day of instruction regarding preparation for
employment.
‘‘(D) Two days of instruction regarding a topic selected
by the member from the following subjects:
‘‘(i) Preparation for employment.
‘‘(ii) Preparation for education.
‘‘(iii) Preparation for vocational training.
‘‘(iv) Preparation for entrepreneurship.
‘‘(v) Other options determined by the Secretary
concerned.
‘‘(2) The Secretary concerned may permit a member to attend
training and instruction under the program established under this
section—
‘‘(A) before the time periods established under section
1142(a)(3) of this title;
‘‘(B) in addition to such training and instruction required
during such time periods.’’.
(2) DEADLINE.—The Transition Assistance Program shall 10 USC 1144
comply with the requirements of section 1144(f) of title 10, note.
United States Code, as amended by paragraph (1), not later
than 1 year after the date of the enactment of this Act.
(3) ACTION PLAN.—Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit an action plan to the congressional defense committees
that—
(A) details how the Secretary shall implement the
requirements of section 1144(f) of title 10, United States
Code, as amended by paragraph (1); and
(B) details how the Secretary, in consultation with
the Secretaries of Veterans Affairs and Labor, shall estab-
lish standardized performance metrics to measure Transi-
tion Assistance Program participation and outcome-based
objective benchmarks in order to—
(i) provide feedback to the Departments of Defense,
Veterans Affairs, and Labor;
(ii) improve the curriculum of the Transition
Assistance Program;
(iii) share best practices;
(iv) facilitate effective oversight of the Transition
Assistance Program; and
(v) ensure members obtain sufficient financial lit-
eracy to effectively leverage conferred benefits and
opportunities for employment, education, vocational
training, and entrepreneurship.
(4) REPORT.—On the date that is 2 years after the date
of the enactment of this Act and annually thereafter for the
subsequent 4 years, the Secretary of Defense shall submit
dkrause on DSKBC28HB2PROD with PUBLAWS
to the Committees on Armed Services and Veterans’ Affairs
of the Senate and the House of Representatives, the Committee
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00137 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1772 PUBLIC LAW 115–232—AUG. 13, 2018
on Commerce, Science, and Transportation of the Senate, and
the Committee on Transportation and Infrastructure of the
House of Representatives, a report regarding members of the
Armed Forces who have attended Transition Assistance Pro-
gram counseling during the preceding year. The report shall
detail the following:
(A) The total number of members who attended Transi-
tion Assistance Program counseling.
(B) The number of members who attended Transition
Assistance Program counseling under paragraph (1) of sec-
tion 1144(f) of title 10, as amended by paragraph (1).
(C) The number of members who attended Transition
Assistance Program counseling under paragraph (2) of such
section.
(D) The number of members who elected to attend
each two-day instruction under paragraph (1)(D) of such
section.
SEC. 553. REPEAL OF PROGRAM ON ENCOURAGEMENT OF
POSTSEPARATION PUBLIC AND COMMUNITY SERVICE.
(a) REPEAL.—
(1) IN GENERAL.—Section 1143a of title 10, United States
Code, is repealed.
(2) CLERICAL AMENDMENT.—The table of sections at the
10 USC 1141 beginning of chapter 58 of such title is amended by striking
prec. the item relating to section 1143a.
(b) CONFORMING AMENDMENTS.—
(1) Section 1144(b) of title 10, United States Code, is
amended—
(A) by striking paragraph (8); and
(B) by redesignating paragraphs (9), (10), and (11)
as paragraphs (8), (9), and (10), respectively.
(2) Section 1142(b)(4)(C) of such title is amended by striking
‘‘the public and community service jobs program carried out
under section 1143a of this title, and’’.
(3) Section 159(c)(2)(D) of the National and Community
Service Act of 1990 (42 U.S.C. 12619(c)(2)(D)) is amended by
striking ‘‘and as employment with a public service or community
service organization for purposes of section 4464 of that Act’’.
(4) Section 162(a)(2) of such Act (42 U.S.C. 12622(a)(2))
is amended by striking ‘‘shall’’ and all that follows through
‘‘provide other’’ and inserting ‘‘shall provide’’.
(5) Subsection (c) of section 4403 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102–484;
10 U.S.C. 1293 note) is amended to read as follows:
‘‘(c) INAPPLICABILITY OF CERTAIN PROVISIONS.—During the
period specified in subsection (i)(2), this section does not apply
as follows:
‘‘(1) To members of the Coast Guard, notwithstanding sec-
tion 542(d) of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103–337; 10 U.S.C. 1293 note).
‘‘(2) To members of the commissioned corps of the National
Oceanic and Atmospheric Administration, notwithstanding sec-
tion 566(c) of the National Defense Authorization Act for Fiscal
dkrause on DSKBC28HB2PROD with PUBLAWS
Year 1996 (Public Law 104–106; 10 U.S.C. 1293 note).’’.
(c) CONFORMING REPEAL.—
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00138 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1773
(1) REPEAL.—Section 4464 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102–484;
10 U.S.C. 1143a note) is repealed.
(2) APPLICABILITY.—The repeal made under paragraph (1)
shall apply with respect to an individual who retires from
the Armed Forces on or after the date of the enactment of
this Act.
SEC. 554. CLARIFICATION OF APPLICATION AND HONORABLE SERVICE
REQUIREMENTS UNDER THE TROOPS-TO-TEACHERS PRO-
GRAM TO MEMBERS OF THE RETIRED RESERVE.
(a) IN GENERAL.—Paragraph (2)(B) of section 1154(d) of title
10, United States Code, is amended—
(1) by inserting ‘‘(A)(iii),’’ after ‘‘(A)(i),’’;
(2) by inserting ‘‘transferred to the Retired Reserve, or’’
after ‘‘member is retired,’’; and
(3) by striking ‘‘separated,’’ and inserting ‘‘separated’’.
(b) CONFORMING AMENDMENTS.—The second sentence of para-
graph (3)(D) of such section is amended—
(1) by inserting ‘‘, the transfer of the member to the Retired
Reserve,’’ after ‘‘retirement of the member’’; and
(2) by inserting ‘‘transfer,’’ after ‘‘after the retirement,’’.
SEC. 555. EMPLOYMENT AND COMPENSATION OF CIVILIAN FACULTY
MEMBERS AT THE JOINT SPECIAL OPERATIONS UNIVER-
SITY.
Section 1595(c) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(5) The Joint Special Operations University.’’.
SEC. 556. PROGRAM TO ASSIST MEMBERS OF THE ARMED FORCES
IN OBTAINING PROFESSIONAL CREDENTIALS.
Section 2015(a) of title 10, United States Code, is amended
by striking ‘‘related to military training’’ and all that follows through
the period at the end of paragraph (2) and inserting ‘‘that translate
into civilian occupations.’’.
SEC. 557. ENHANCEMENT OF AUTHORITIES IN CONNECTION WITH
JUNIOR RESERVE OFFICERS’ TRAINING CORPS PRO-
GRAMS.
(a) FLEXIBILITY IN AUTHORITIES FOR MANAGEMENT OF PRO-
GRAMS AND UNITS.—
(1) IN GENERAL.—Chapter 102 of title 10, United States
Code, is amended by adding at the end the following new
section:
‘‘§ 2035. Flexibility in authorities for management of pro- 10 USC 2035.
grams and units
‘‘(a) AUTHORITY TO CONVERT OTHERWISE CLOSING UNITS TO
NATIONAL DEFENSE CADET CORPS PROGRAM UNITS.—If the Sec-
retary of a military department is notified by a local educational
agency of the intent of the agency to close its Junior Reserve
Officers’ Training Corps, the Secretary shall offer the agency the
option of converting the unit to a National Defense Cadet Corps
(NDCC) program unit in lieu of closing the unit.
‘‘(b) FLEXIBILITY IN ADMINISTRATION OF INSTRUCTORS.—
dkrause on DSKBC28HB2PROD with PUBLAWS
‘‘(1) IN GENERAL.—The Secretaries of the military depart-
ments may, without regard to any other provision of this
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00139 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1774 PUBLIC LAW 115–232—AUG. 13, 2018
chapter, undertake initiatives designed to promote flexibility
in the hiring and compensation of instructors for the Junior
Reserve Officers’ Training Corps program under the jurisdiction
of such Secretaries.
‘‘(2) ELEMENTS.—The initiatives undertaken pursuant to
this subsection may provide for one or more of the following:
‘‘(A) Termination of the requirement for a waiver as
a condition of the hiring of well-qualified non-commissioned
officers with a bachelor’s degree for senior instructor posi-
tions within the Junior Reserve Officers’ Training Corps.
‘‘(B) Specification of a single instructor as the minimum
number of instructors required to found and operate a
Junior Reserve Officers’ Training Corps unit.
‘‘(C) Authority for Junior Reserve Officers’ Training
Corps instructors to undertake school duties, in addition
to Junior Reserve Officers’ Training Corps duties, at small
schools.
‘‘(D) Authority for the payment of instructor compensa-
tion for a limited number of Junior Reserve Officers’
Training Corps instructors on a 10-month per year basis
rather than a 12-month per year basis.
‘‘(E) Such other actions as the Secretaries of the mili-
tary departments consider appropriate.
‘‘(c) FLEXIBILITY IN ALLOCATION AND USE OF TRAVEL
FUNDING.—The Secretaries of the military departments shall take
appropriate actions to provide so-called regional directors of the
Junior Reserve Officers’ Training Corps programs located at remote
rural schools enhanced discretion in the allocation and use of funds
for travel in connection with Junior Reserve Officers’ Training
Corps activities.
‘‘(d) STANDARDIZATION OF PROGRAM DATA.—The Secretary of
Defense shall take appropriate actions to standardize the data
collected and maintained on the Junior Reserve Officers’ Training
Corps programs in order to facilitate and enhance the collection
and analysis of such data. Such actions shall include a requirement
for the use of the National Center for Education Statistics (NCES)
identification code for each school with a unit under a Junior
Reserve Officers’ Training Corps program in order to facilitate
identification of such schools and their units under the Junior
Reserve Officers’ Training Corps programs.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
10 USC 2031 beginning of chapter 102 of such title is amended by adding
prec. at the end the following new item:
‘‘2035. Flexibility in authorities for management of programs and units.’’.
(b) AUTHORITY FOR ADDITIONAL UNITS.—The Secretaries of the
military departments may, using amounts authorized to be appro-
priated by this Act and available in the funding tables in sections
4301 and 4401 for purposes of the Junior Reserve Officers’ Training
Corps programs, establish an aggregate of not more than 100 units
under the Junior Reserve Officers’ Training Corps programs in
low-income and rural areas of the United States and areas of
the United States currently underserved by the Junior Reserve
dkrause on DSKBC28HB2PROD with PUBLAWS
Officers’ Training Corps programs.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00140 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1775
SEC. 558. EXPANSION OF PERIOD OF AVAILABILITY OF MILITARY 10 USC 1781
ONESOURCE PROGRAM FOR RETIRED AND DISCHARGED note.
MEMBERS OF THE ARMED FORCES AND THEIR IMMEDIATE
FAMILIES.
(a) IN GENERAL.—Under regulations prescribed by the Secretary
of Defense, the period of eligibility for the Military OneSource
program of the Department of Defense of an eligible individual
retired, discharged, or otherwise released from the Armed Forces,
and for the eligible immediate family members of such an indi-
vidual, shall be the one-year period beginning on the date of the
retirement, discharge, or release, as applicable, of such individual.
(b) INFORMATION TO FAMILIES.—The Secretary shall, in such
manner as the Secretary considers appropriate, inform military
families and families of veterans of the Armed Forces of the wide
range of benefits available through the Military OneSource program.
SEC. 559. PROHIBITION ON USE OF FUNDS FOR ATTENDANCE OF
ENLISTED PERSONNEL AT SENIOR LEVEL AND INTER-
MEDIATE LEVEL OFFICER PROFESSIONAL MILITARY EDU-
CATION COURSES.
(a) PROHIBITION.—None of the funds authorized to be appro-
priated or otherwise made available for the Department of Defense
may be obligated or expended for the purpose of the attendance
of enlisted personnel at senior level and intermediate level officer
professional military education courses.
(b) SENIOR LEVEL AND INTERMEDIATE LEVEL OFFICER PROFES-
SIONAL MILITARY EDUCATION COURSES DEFINED.—In this section,
the term ‘‘senior level and intermediate level officer professional
military education courses’’ means any course for officers offered
by a school specified in paragraph (1) or (2) of section 2151(b)
of title 10, United States Code.
(c) REPEAL OF SUPERSEDED LIMITATION.—
(1) IN GENERAL.—Section 547 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115–91)
is repealed.
(2) PRESERVATION OF CERTAIN REPORTING REQUIREMENT.—
The repeal in paragraph (1) shall not be interpreted to termi-
nate the requirement of the Comptroller General of the United
States to submit the report required by subsection (c) of section
547 of the National Defense Authorization Act for Fiscal Year
2018.
Subtitle G—Defense Dependents’
Education
SEC. 561. ASSISTANCE TO SCHOOLS WITH MILITARY DEPENDENT STU-
DENTS.
(a) IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.—
(1) IN GENERAL.—Of the amount authorized to be appro-
priated for fiscal year 2019 pursuant to section 301 and avail-
able for operation and maintenance for Defense-wide activities
as specified in the funding table in section 4301, $10,000,000
shall be available for payments under section 363 of the Floyd
dkrause on DSKBC28HB2PROD with PUBLAWS
D. Spence National Defense Authorization Act for Fiscal Year
2001 (Public Law 106–398; 20 U.S.C. 7703a).
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00141 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1776 PUBLIC LAW 115–232—AUG. 13, 2018
(2) USE OF CERTAIN AMOUNT.—Of the amount available
under paragraph (1) for payments as described in that para-
graph, $5,000,000 shall be available for such payments to local
educational agencies determined by the Secretary of Defense,
in the discretion of the Secretary, to have higher concentrations
of military children with severe disabilities.
(b) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT NUMBERS OF
MILITARY DEPENDENT STUDENTS.—Of the amount authorized to
be appropriated for fiscal year 2019 by section 301 and available
for operation and maintenance for Defense-wide activities as speci-
fied in the funding table in section 4301, $40,000,000 shall be
available only for the purpose of providing assistance to local edu-
cational agencies under subsection (a) of section 572 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109–
163; 20 U.S.C. 7703b).
(c) LOCAL EDUCATIONAL AGENCY DEFINED.—In this section,
the term ‘‘local educational agency’’ has the meaning given that
term in section 7013(9) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7713(9)).
10 USC 921 note. SEC. 562. DEPARTMENT OF DEFENSE EDUCATION ACTIVITY POLICIES
AND PROCEDURES ON SEXUAL HARASSMENT OF STU-
DENTS OF ACTIVITY SCHOOLS.
(a) APPLICABILITY OF TITLE IX PROTECTIONS.—The provisions
of title IX of the Education Amendments of 1972 (20 U.S.C. 1681
et seq.) (in this section referred to as ‘‘title IX’’) with respect to
education programs or activities receiving Federal financial assist-
ance shall apply equally to education programs and activities
administered by the Department of Defense Education Activity
(DODEA).
(b) POLICIES AND PROCEDURES.—Not later than March 31, 2019,
the Department of Defense Education Activity shall establish poli-
cies and procedures to protect students at schools of the Activity
who are victims of sexual harassment. Such policies and procedures
shall afford protections at least comparable to the protections
afforded under title IX.
(c) ELEMENTS.—The policies and procedures required by sub-
section (b) shall include, at a minimum, the following:
(1) A policy addressing sexual harassment of students at
the schools of the Department of Defense Education Activity
that uses and incorporates terms, procedures, protections,
investigation standards, and standards of evidence consistent
with title IX.
(2) A procedure by which—
(A) a student of a school of the Activity, or a parent
of such a student, may file a complaint with the school
alleging an incident of sexual harassment at the school;
and
(B) such a student or parent may appeal the decision
of the school regarding such complaint.
(3) A procedure and mechanisms for the appointment and
training of, and allocation of responsibility to, a coordinator
at each school of the Activity for sexual harassment matters
involving students from the military community served by such
school.
dkrause on DSKBC28HB2PROD with PUBLAWS
(4) Training of employees of the Activity, and volunteers
at schools of the Activity, on the policies and procedures.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00142 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1777
(5) Mechanisms for the broad distribution and display of
the policy described in paragraph (1), including on the Internet
website of the Activity and on Internet websites of schools
of the Activity, in printed and online versions of student hand-
books, and in brochures and flyers displayed on school bulletin
boards and in guidance counselor offices.
(6) Reporting and recordkeeping requirements designed to
ensure that—
(A) complaints of sexual harassment at schools of the
Activity are handled—
(i) with professionalism and consistency; and
(ii) in a manner that permits coordinators referred
to in paragraph (3) to track trends in incidents of
sexual harassment and to identify repeat offenders
of sexual harassment; and
(B) appropriate members of the local leadership of
military communities are held accountable for acting upon
complaints of sexual harassment at schools of the Activity.
SEC. 563. DEPARTMENT OF DEFENSE EDUCATION ACTIVITY MIS- 10 USC 921 note.
CONDUCT DATABASE.
(a) COMPREHENSIVE DATABASE.—The Secretary of Defense shall
consolidate the various databases and mechanisms for the reporting
and tracking of juvenile misconduct in Department of Defense Edu-
cation Activity (hereinafter in this section referred to as ‘‘DODEA’’)
schools into one comprehensive database for DODEA juvenile mis-
conduct. The comprehensive database shall include all unresolved
and all substantiated allegations of juvenile-on-juvenile sexual mis-
conduct.
(b) POLICY.—The Secretary shall establish a comprehensive
policy regarding the reporting and tracking of juvenile misconduct
cases occurring in DODEA schools, including policies establishing
appropriate safeguards to prevent unauthorized disclosure of sen-
sitive information contained in the comprehensive database
required by subsection (a).
SEC. 564. ASSESSMENT AND REPORT ON ACTIVE SHOOTER THREAT
MITIGATION AT SCHOOLS LOCATED ON MILITARY
INSTALLATIONS.
(a) ASSESSMENT.—The Secretary of Defense shall conduct an
assessment of strategies that may be used to address any security
threat posed by active shooter incidents at public elementary schools
and secondary schools located on the grounds of Federal military
installations.
(b) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives a report that includes the results of the assess-
ment conducted under subsection (a).
Subtitle H—Military Family Readiness
Matters
SEC. 571. DEPARTMENT OF DEFENSE MILITARY FAMILY READINESS
dkrause on DSKBC28HB2PROD with PUBLAWS
COUNCIL MATTERS.
(a) MEMBER MATTERS.—
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00143 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1778 PUBLIC LAW 115–232—AUG. 13, 2018
(1) MEMBERSHIP.—Paragraph (1)(B) of subsection (b) of sec-
tion 1781a of title 10, United States Code, is amended—
(A) in clause (i), by striking ‘‘a member of the armed
force to be represented’’ and inserting ‘‘a member or civilian
employee of the armed force to be represented’’; and
(B) by striking clause (ii) and inserting the following
new clause (ii):
‘‘(ii) One representative, who shall be a member
or civilian employee of the National Guard Bureau,
to represent both the Army National Guard and the
Air National Guard.’’.
(2) TERMS.—Paragraph (2) of such subsection is amended—
(A) in subparagraph (A)—
(i) in the first sentence, by striking ‘‘clauses (i)
and (iii) of’’; and
(ii) by striking the second sentence; and
(B) in subparagraph (B), by striking ‘‘three years’’ and
inserting ‘‘two years’’.
(b) DUTIES.—Subsection (d) of such section is amended—
(1) in paragraph (2), by striking ‘‘military family readiness
by the Department of Defense’’ and inserting ‘‘military family
readiness programs and activities of the Department of
Defense’’; and
(2) by adding at the end the following new paragraph:
‘‘(4) To make recommendations to the Secretary of Defense
to improve collaboration, awareness, and promotion of accurate
and timely military family readiness information and support
services by policy makers, service providers, and targeted bene-
ficiaries.’’.
(c) ANNUAL REPORTS.—Subsection (e) of such section is amended
by striking ‘‘February 1’’ and inserting ‘‘July 1’’.
10 USC 1781a (d) EFFECTIVE DATE.—
note. (1) IN GENERAL.—The amendments made by this section
shall take effect on the date of the enactment of this Act.
(2) APPLICABILITY OF MEMBERSHIP AND TERM AMEND-
MENTS.—The amendments made by subsection (a) shall apply
to members of the Department of Defense Military Family
Readiness Council appointed after the date of the enactment
of this Act.
SEC. 572. ENHANCEMENT AND CLARIFICATION OF FAMILY SUPPORT
SERVICES FOR FAMILY MEMBERS OF MEMBERS OF SPE-
CIAL OPERATIONS FORCES.
Section 1788a of title 10, United States Code, is amended—
(1) by striking ‘‘activities’’ each place it appears and
inserting ‘‘services’’;
(2) in subsection (b)(2), by striking ‘‘activity’’ and inserting
‘‘service’’;
(3) in subsection (c), by striking ‘‘$5,000,000’’ and inserting
‘‘$10,000,000’’; and
(4) in subsection (e), by adding at the end the following
new paragraph:
‘‘(4) The term ‘family support services’ includes costs of
transportation, food, lodging, child care, supplies, fees, and
training materials for immediate family members of members
dkrause on DSKBC28HB2PROD with PUBLAWS
of the armed forces assigned to special operations forces while
participating in programs under subsection (a).’’.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00144 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1779
SEC. 573. TEMPORARY EXPANSION OF AUTHORITY FOR NONCOMPETI-
TIVE APPOINTMENTS OF MILITARY SPOUSES BY FEDERAL
AGENCIES.
(a) EXPANSION TO INCLUDE ALL SPOUSES OF MEMBERS OF THE
ARMED FORCES ON ACTIVE DUTY.—Section 3330d of title 5, United
States Code, is amended—
(1) in subsection (a)—
(A) by striking paragraphs (3), (4), and (5); and
(B) by redesignating paragraph (6) as paragraph (3);
(2) by striking subsections (b) and (c) and inserting the
following new subsection (b):
‘‘(b) APPOINTMENT AUTHORITY.—The head of an agency may
appoint noncompetitively—
‘‘(1) a spouse of a member of the Armed Forces on active
duty; or
‘‘(2) a spouse of a disabled or deceased member of the
Armed Forces.’’;
(3) by redesignating subsection (d) as subsection (c); and
(4) in subsection (c), as so redesignated, by striking ‘‘sub-
section (a)(6)’’ in paragraph (1) and inserting ‘‘subsection (a)(3)’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 33 of such title is amended by striking the item 5 USC 3301 prec.
relating to section 3330d and inserting the following new item:
‘‘3330d. Appointment of military spouses.’’.
(c) HEADING AMENDMENT.—The heading of such section is
amended to read as follows:
‘‘§ 3330d. Appointment of military spouses’’.
(d) OPM LIMITATION AND REPORTS.— 5 USC 3330d
(1) RELOCATING SPOUSES.—With respect to the noncompeti- note.
tive appointment of a relocating spouse of a member of the
Armed Forces under subsection (b)(1) of section 3330d of title
5, United States Code, as amended by subsection (a), the
Director of the Office of Personnel Management—
(A) shall monitor the number of such appointments;
(B) shall require the head of each agency with authority
to make such appointments under such section to submit
an annual report to the Director on such appointments,
including information on the number of individuals so
appointed, the types of positions filled, and the effectiveness
of the authority for such appointments; and
(C) not later than 18 months after the date of the
enactment of this Act, shall submit a report to the Com-
mittee on Oversight and Government Reform of the House
of Representatives and the Committee on Homeland Secu-
rity and Government Affairs of the Senate on the use
and effectiveness of such authority.
(2) NON-RELOCATING SPOUSES.—With respect to the non-
competitive appointment of a spouse of a member of the Armed
Forces other than a relocating spouse described in paragraph
(1), the Director of the Office of Personnel Management—
(A) shall treat the spouse as a relocating spouse under
paragraph (1); and
(B) may limit the number of such appointments.
dkrause on DSKBC28HB2PROD with PUBLAWS
(e) SUNSET.—Effective on the date that is 5 years after the 5 USC 3330d
date of the enactment of this Act— note.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00145 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1780 PUBLIC LAW 115–232—AUG. 13, 2018
(1) the authority provided by this section, and the amend-
ments made by this section, shall expire; and
(2) the provisions of section 3330d of title 5, United States
Code, amended or repealed by such section are restored or
revived as if such section had not been enacted.
10 USC 1784a SEC. 574. IMPROVEMENT OF MY CAREER ADVANCEMENT ACCOUNT
note. PROGRAM FOR MILITARY SPOUSES.
(a) OUTREACH ON AVAILABILITY OF PROGRAM.—The Secretary
of Defense shall take appropriate actions to ensure that military
spouses who are eligible for participation in the My Career Advance-
ment Account program of the Department of Defense are, to the
extent practicable, made aware of the program.
(b) COMPTROLLER GENERAL REPORT.—Not later than 180 days
after the date of the enactment of this Act, the Comptroller General
of the United States shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
setting forth such recommendations as the Comptroller General
considers appropriate regarding the following:
(1) Mechanisms to increase awareness of the My Career
Advancement Account program of the Department of Defense
among military spouses who are eligible to participate in the
program.
(2) Mechanisms to increase participation in the My Career
Advancement Account program among military spouses who
are eligible to participate in the program.
(c) TRAINING FOR INSTALLATION CAREER COUNSELORS ON PRO-
GRAM.—The Secretaries of the military departments shall take
appropriate actions to ensure that career counselors at military
installations receive appropriate training and current information
on eligibility for and use of benefits under the My Career Advance-
ment Account program, including financial assistance to cover costs
associated with professional recertification, portability of occupa-
tional licenses, professional credential exams, and other mecha-
nisms in connection with the portability of professional licenses.
SEC. 575. ASSESSMENT AND REPORT ON THE EFFECTS OF PERMANENT
CHANGES OF STATION ON EMPLOYMENT AMONG MILI-
TARY SPOUSES.
(a) ASSESSMENT REQUIRED.—The Secretary of Defense shall
conduct an assessment of the effects of frequent, permanent changes
of station on the stability of employment among spouses of members
of the Armed Forces.
(b) ELEMENTS.—The assessment required under subsection (a)
shall include the following:
(1) An assessment of how frequent, permanent changes
of station may contribute to unemployment or underemploy-
ment among spouses of members of the Armed Forces.
(2) An assessment of how unemployment and underemploy-
ment among military spouses may affect force readiness.
(3) Such recommendations as the Secretary considers
appropriate regarding legislative or administration actions that
may be carried out to achieve force readiness and stabilization
through the minimization of the impacts of frequent, permanent
changes in station on the stability of employment among mili-
tary spouses.
dkrause on DSKBC28HB2PROD with PUBLAWS
(c) REPORT.—Not later than February 1, 2019, the Secretary
of Defense shall submit to the Committees on Armed Services
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00146 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1781
of the Senate and the House of Representatives a report that
includes the results of the assessment with respect to each element
described in subsection (b).
SEC. 576. PROVISIONAL OR INTERIM CLEARANCES TO PROVIDE 10 USC 1792
CHILDCARE SERVICES AT MILITARY CHILDCARE CENTERS. note.
(a) IN GENERAL.—The Secretary of Defense shall implement
a policy to permit the issuance on a provisional or interim basis
of clearances for the provision of childcare services at military
childcare centers.
(b) ELEMENTS.—The policy required by subsection (a) shall
provide for the following:
(1) Any clearance issued under the policy shall be tem-
porary and contingent upon the satisfaction of such require-
ments for the issuance of a clearance on a permanent basis
as the Secretary considers appropriate.
(2) Any individual issued a clearance on a provisional or
interim basis under the policy shall be subject to such super-
vision in the provision of childcare services using such clearance
as the Secretary considers appropriate.
(c) CLEARANCE DEFINED.—In this section, the term ‘‘clearance’’,
with respect to an individual and the provision of childcare services,
means the formal approval of the individual, after appropriate
background checks and other review, to provide childcare services
to children at a military childcare center of the Department of
Defense.
SEC. 577. MULTIDISCIPLINARY TEAMS FOR MILITARY INSTALLATIONS 10 USC 1561
ON CHILD ABUSE AND OTHER DOMESTIC VIOLENCE. note prec.
(a) MULTIDISCIPLINARY TEAMS REQUIRED.—
(1) IN GENERAL.—Under regulations prescribed by each
Secretary concerned, there shall be established and maintained
for each military installation, except as provided in paragraph
(2), one or more multidisciplinary teams on child abuse and
other domestic violence for the purposes specified in subsection
(b).
(2) SINGLE TEAM FOR PROXIMATE INSTALLATIONS.—A single
multidisciplinary team described in paragraph (1) may be estab-
lished and maintained under this subsection for two or more
military installations in proximity with one another if the Sec-
retary concerned determines, in consultation with the Secretary
of Defense, that a single team for such installations suffices
to carry out the purposes of such teams under subsection (b)
for such installations.
(b) PURPOSES.—The purposes of each multidisciplinary team
maintained pursuant to subsection (a) shall be as follows:
(1) To provide for the sharing of information among such
team and other appropriate personnel on the installation or
installations concerned regarding the progress of investigations
into and resolutions of incidents of child abuse and other
domestic violence involving members of the Armed Forces sta-
tioned at or otherwise assigned to the installation or installa-
tions.
(2) To provide for and enhance collaborative efforts among
such team and other appropriate personnel of the installation
dkrause on DSKBC28HB2PROD with PUBLAWS
or installations regarding investigations into and resolutions
of such incidents.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00147 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1782 PUBLIC LAW 115–232—AUG. 13, 2018
(3) To enhance the social services available to military
families at the installation or installations in connection with
such incidents, including through the enhancement of coopera-
tion among specialists and other personnel providing such serv-
ices to such military families in connection with such incidents.
(4) To carry out such other duties regarding the response
to child abuse and other domestic violence at the installation
or installations as the Secretary concerned considers appro-
priate for such purposes.
(c) PERSONNEL.—
(1) IN GENERAL.—Each multidisciplinary team maintained
pursuant to subsection (a) shall be composed of the following:
(A) One or more judge advocates.
(B) Appropriate personnel of one or more military
criminal investigation services.
(C) Appropriate mental health professionals.
(D) Appropriate medical personnel.
(E) Family advocacy case workers.
(F) Such other personnel as the Secretary or Secre-
taries concerned consider appropriate.
(2) EXPERTISE AND TRAINING.—Any individual assigned to
a multidisciplinary team shall possess such expertise, and shall
undertake such training as is required to maintain such exper-
tise, as the Secretary concerned shall specify for purposes of
this section in order to ensure that members of the team
remain appropriately qualified to carry out the purposes of
the team under this section. The training and expertise so
specified shall include training and expertise on special victims’
crimes, including child abuse and other domestic violence.
(d) COORDINATION AND COLLABORATION WITH NON-MILITARY
RESOURCES.—
(1) USE OF COMMUNITY RESOURCES SERVING INSTALLA-
TIONS.—In providing under this section for a multidisciplinary
team for a military installation or installations that benefit
from services or resources on child abuse or other domestic
violence that are provided by civilian entities in the vicinity
of the installation or installations, the Secretary concerned
may take the availability of such services or resources to the
installation or installations into account in providing for the
composition and duties of the team.
(2) BEST PRACTICES.—The Secretaries concerned shall take
appropriate actions to ensure that multidisciplinary teams
maintained pursuant to subsection (a) remain fully and cur-
rently apprised of best practices in the civilian sector on inves-
tigations into and resolutions of incidents of child abuse and
other domestic violence and on the social services provided
in connection with such incidents.
(3) COLLABORATION.—In providing for the enhancement of
social services available to military families in accordance with
subsection (b)(3), the Secretaries concerned shall permit, facili-
tate, and encourage multidisciplinary teams to collaborate with
appropriate civilian agencies in the vicinity of the military
installations concerned with regard to availability, provision,
and use of such services to and by such families.
(e) ANNUAL REPORTS.—Not later than March 1 of each year
dkrause on DSKBC28HB2PROD with PUBLAWS
from 2020 through 2022, each Secretary concerned shall submit
to the Committees on Armed Services of the Senate and the House
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00148 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1783
of Representatives a report on the activities of multidisciplinary
teams maintained pursuant to subsection (a) under the jurisdiction
of such Secretary during the preceding year. Each report shall
set forth, for the period covered by such report, the following:
(1) A summary description of the activities of the multidisci-
plinary teams concerned, including the number and composition
of such teams, the recurring activities of such teams, and
any notable achievements of such teams.
(2) A description of any impediments to the effectiveness
of such teams.
(3) Such recommendations for legislative or administrative
action as such Secretary considers appropriate in order to
improve the effectiveness of such teams.
(4) Such other matters with respect to such teams as such
Secretary considers appropriate.
(f) SECRETARY CONCERNED.—
(1) DEFINITION.—In this section, the term ‘‘Secretary con-
cerned’’ has the meaning given that term in section 101(a)(9)
of title 10, United States Code.
(2) USAGE WITH RESPECT TO MULTIPLE INSTALLATIONS.—
For purposes of this section, any reference to ‘‘Secretary con-
cerned’’ with respect to a single multidisciplinary team estab-
lished and maintained pursuant to subsection (a) for two or
more military installations that are under the jurisdiction of
different Secretaries concerned, shall be deemed to refer to
each Secretary concerned who has jurisdiction of such an
installation, acting jointly.
SEC. 578. PILOT PROGRAM FOR MILITARY FAMILIES: PREVENTION OF 10 USC 1788
CHILD ABUSE AND TRAINING ON SAFE CHILDCARE PRAC- note.
TICES.
(a) PILOT PROGRAM.—
(1) PURPOSE.—In order to reduce child abuse and fatalities
due to abuse or neglect in covered households, the Secretary
of Defense, acting through the Defense Health Agency, shall
carry out a pilot program to—
(A) provide information regarding safe childcare prac-
tices to covered households;
(B) identify and assess risk factors for child abuse
in covered households; and
(C) facilitate connections between covered households
and community resources.
(2) PROHIBITION ON DELEGATION.—The Secretary may not
carry out the pilot program through the Family Advocacy Pro-
gram.
(3) LOCATIONS.—The Secretary shall carry out the pilot
program at no fewer than five military installations that reflect
a range of characteristics including the following:
(A) Urban location.
(B) Rural location.
(C) Large population.
(D) Small population.
(E) High incidence of child abuse, neglect, or both.
(F) Low incidence of child abuse, neglect, or both.
(G) Presence of a hospital or clinic.
dkrause on DSKBC28HB2PROD with PUBLAWS
(H) Lack of a hospital or clinic.
(I) Joint installation.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00149 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1784 PUBLIC LAW 115–232—AUG. 13, 2018
(J) Serving only one Armed Force.
(4) TERM.—The pilot program shall terminate two years
after implementation.
(5) DESIGN.—The Secretary shall design the pilot program
in consultation with military family groups to respond to the
needs of covered households.
(6) ELEMENTS.—The pilot program shall include the fol-
lowing elements:
(A) Postnatal services, including screening to identify
family needs and potential risk factors, and make referrals
to appropriate community services with the use of the
electronic data described in subparagraphs (F) and (G).
(B) The Secretary shall identify at least three
approaches to screening, identification, and referral under
subparagraph (A) that empirically improve outcomes for
parents and infants.
(C) Services and resources designed for a covered
household by the Secretary after considering the informa-
tion gained from the screening and identification under
subparagraph (A). Such services and resources may include
or address the following:
(i) General maternal and infant health exam.
(ii) Safe sleeping environments.
(iii) Feeding and bathing.
(iv) Adequate child supervision.
(v) Common hazards.
(vi) Self-care.
(vii) Postpartum depression, substance abuse, or
domestic violence.
(viii) Community violence.
(ix) Skills for management of infant crying.
(x) Other positive parenting skills and practices.
(xi) The importance of participating in ongoing
healthcare for an infant and for treating postpartum
depression.
(xii) Finding, qualifying for, and participating in
available community resources with respect to infant
care, childcare, parenting support, and home visits.
(xiii) Planning for parenting or guardianship of
children during deployment and reintegration.
(xiv) Such other matters as the Secretary, in con-
sultation with military families, considers appropriate.
(D) Home visits to provide support, screening and
referral services shall be offered as needed. The number
of visits offered shall be guided by parental interest and
family need, but in general is expected to be no more
than three.
(E) If a parent is deployed at the time of birth—
(i) the first in-home visit under subparagraph (D)
shall, to the extent practicable, incorporate both par-
ents, in person with the local parent and by electronic
means with the deployed parent; and
(ii) another such home visit shall be offered upon
the return of the parent from deployment, and shall
dkrause on DSKBC28HB2PROD with PUBLAWS
include both parents, if determined in the best interest
of the family.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00150 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1785
(F) An electronic directory of community resources
available to covered households and pilot program per-
sonnel to help covered households access such resources.
(G) An electronic integrated data system to—
(i) help pilot program personnel refer eligible cov-
ered beneficiaries to services and resources under the
pilot program;
(ii) track usage of such services and resources and
interactions between such personnel and covered
households; and
(iii) evaluate the implementation, outcomes, and
effectiveness of the pilot program.
(b) VOLUNTARY PARTICIPATION.—Participation in the pilot pro-
gram shall be at the election of a covered beneficiary in an eligible
household.
(c) OUTREACH.—
(1) IN GENERAL.—Not later than 30 days after imple-
menting the pilot program, the Secretary shall notify each
covered household of the services provided under subsection
(b).
(2) COVERED HOUSEHOLDS WITH NEWBORNS.—No later than
30 days after a birth in a covered household, the Secretary
shall contact such covered household to encourage participation
in the pilot program.
(d) ASSESSMENTS.—
(1) NUMBER.—The Secretary shall carry out no fewer than
five assessments of the pilot program.
(2) COMPARISON INSTALLATIONS.—For purposes of this sub-
section, the Secretary shall also select such number of other
military installations the Secretary determines appropriate as
comparison installations for purposes of assessing the outcomes
of the pilot.
(3) ASSESSMENT.—The Secretary shall assess each of the
following:
(A) Success in contacting covered households for
participation in the pilot.
(B) The percentage of covered households that elect
to participate in the pilot program.
(C) The extent to which covered households partici-
pating in the pilot program are connected to services and
resources under the pilot program.
(D) The extent to which covered households partici-
pating in the pilot program use services and resources
under the pilot program.
(E) Compliance of pilot program personnel with pilot
program protocols.
(e) REPORTS.—
(1) INITIAL REPORT.—Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a report on the pilot program under this
section. The report shall include a comprehensive description
of the assessments under subsection (d), as well as the fol-
lowing:
dkrause on DSKBC28HB2PROD with PUBLAWS
(A) Which installations the Secretary selected for the
pilot program under subsection (a)(2).
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00151 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1786 PUBLIC LAW 115–232—AUG. 13, 2018
(B) Why the Secretary selected the installations
described in subparagraph (A).
(C) Names of the installations the Secretary selected
as comparison installations under subsection (d)(2).
(D) How the pilot program is carried out, including
strategy and metrics for evaluating effectiveness of the
pilot program.
(2) FINAL REPORT.—Not later than 180 days after the termi-
nation of the pilot program, the Secretary shall submit to
the committees specified in paragraph (1) a final report on
the pilot program. The report shall include the following:
(A) A comprehensive description of, and findings of,
the assessments under subsection (d).
(B) A comprehensive description and assessment of
the pilot.
(C) Such recommendations for legislative or adminis-
trative action the Secretary determines appropriate,
including whether to—
(i) extend the term of the pilot program;
(ii) expand the pilot program to additional installa-
tions; or
(iii) make the pilot program permanent.
(f) DEPARTMENTAL IMPLEMENTATION.—If the Secretary deter-
mines that any element of the pilot program is effective, the Sec-
retary shall implement such element permanently for the Depart-
ment of Defense.
(g) DEFINITIONS.—In this section:
(1) The term ‘‘covered household’’ means a household that—
(A) contains an eligible covered beneficiary; and
(B) is located at a location selected by the Secretary
for the pilot program.
(2) The term ‘‘eligible covered beneficiary’’ means a covered
beneficiary (as that term is defined in section 1072 of title
10, United States Code) who obtains prenatal or obstetrical
care in a military medical treatment facility in connection with
a birth covered by the pilot program.
(3) With respect to a military installation, the term
‘‘community’’ means the catchment area for community services
of the installation, including services provided on the installa-
tion by the Secretary and services provided by State, county,
and local jurisdictions in which the installation is located, or
in the vicinity of the installation.
SEC. 579. ASSESSMENT AND REPORT ON SMALL BUSINESS ACTIVITIES
OF MILITARY SPOUSES ON MILITARY INSTALLATIONS IN
THE UNITED STATES.
(a) ASSESSMENT REQUIRED.—The Secretary of Defense shall
conduct an assessment of the feasibility and advisability of permit-
ting military spouses to engage in small business activities on
military installations in the United States and in partnership with
commissaries, exchange stores, and other morale, welfare, and
recreation facilities of the Armed Forces in the United States.
(b) ELEMENTS.—The assessment required under subsection (a)
shall—
(1) take into account the usage by military spouses of
dkrause on DSKBC28HB2PROD with PUBLAWS
installation facilities, utilities, and other resources in the con-
duct of small business activities on military installations in
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00152 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1787
the United States and such other matters in connection with
the conduct of such business activities by military spouses
as the Secretary considers appropriate; and
(2) seek to identify mechanisms to ensure that costs and
fees associated with the usage by military spouses of such
facilities, utilities, and other resources in connection with such
business activities does not meaningfully curtail or eliminate
the opportunity for military spouses to profit reasonably from
such business activities.
(c) REPORT.—Not later than March 1, 2019, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report that includes
the results of the assessment, including the results with respect
to each element described in subsection (b).
Subtitle I—Decorations and Awards
SEC. 581. ATOMIC VETERANS SERVICE CERTIFICATE. 10 USC 1121
note prec.
(a) SERVICE CERTIFICATE REQUIRED.—The Secretary of Defense
shall design and produce a military service certificate, to be known
as the ‘‘Atomic Veterans Service Certificate’’, to honor retired and
former members of the Armed Forces who are radiation-exposed
veterans (as such term is defined in section 1112(c)(3) of title
38, United States Code).
(b) DISTRIBUTION OF CERTIFICATE.—
(1) ISSUANCE TO RETIRED AND FORMER MEMBERS.—At the
request of a radiation-exposed veteran, the Secretary of Defense
shall issue the Atomic Veterans Service Certificate to the vet-
eran.
(2) ISSUANCE TO NEXT-OF-KIN.—In the case of a radiation-
exposed veteran who is deceased, the Secretary may provide
for issuance of the Atomic Veterans Service Certificate to the
next-of-kin of the person.
SEC. 582. AWARD OF MEDALS OR OTHER COMMENDATIONS TO HAN- 10 USC 1121
DLERS OF MILITARY WORKING DOGS. note prec.
(a) PROGRAM OF AWARD REQUIRED.—Each Secretary of a mili-
tary department shall carry out a program to provide for the award
of one or more medals or other commendations to handlers of
military working dogs under the jurisdiction of such Secretary
to recognize valor or meritorious achievement by such handlers
and dogs.
(b) MEDALS AND COMMENDATIONS.—Any medal or commenda-
tion awarded pursuant to a program under subsection (a) shall
be of such design, and include such elements, as the Secretary
of the military department concerned shall specify. The Secretary
concerned may use an existing award to carry out such program.
(c) PRESENTATION AND ACCEPTANCE.—Any medal or commenda-
tion awarded pursuant to a program under subsection (a) may
be presented to and accepted by the handler concerned on behalf
of the handler and the military working dog concerned.
(d) REGULATIONS.—Medals and commendations shall be
awarded under programs under subsection (a) in accordance with
dkrause on DSKBC28HB2PROD with PUBLAWS
regulations prescribed by the Secretary of Defense for purposes
of this section.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00153 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1788 PUBLIC LAW 115–232—AUG. 13, 2018
SEC. 583. AUTHORIZATION FOR AWARD OF DISTINGUISHED-SERVICE
CROSS TO JUSTIN T. GALLEGOS FOR ACTS OF VALOR
DURING OPERATION ENDURING FREEDOM.
(a) WAIVER OF TIME LIMITATIONS.—Notwithstanding the time
limitations specified in section 3744 of title 10, United States Code,
or any other time limitations with respect to the awarding of
certain medals to persons who served in the Armed Forces, the
Secretary of the Army may award the Distinguished-Service Cross
under section 3742 of such title to Justin T. Gallegos for the
acts of valor described in subsection (b).
(b) ACTS OF VALOR DESCRIBED.—The acts of valor referred
to in subsection (a) are the actions of Justin T. Gallegos on October
3, 2009, as a member of the Army in the grade of Staff Sergeant,
serving in Afghanistan with the 61st Cavalry Regiment, 4th Brigade
Combat Team, 4th Infantry Division.
Subtitle J—Miscellaneous Reports and
Other Matters
SEC. 591. ANNUAL DEFENSE MANPOWER REQUIREMENTS REPORT
MATTERS.
(a) DATE OF SUBMITTAL.—Subsection (a) of section 115a of
title 10, United States Code, is amended in the matter preceding
paragraph (1) by striking ‘‘not later than 45 days after the date
on which’’ and inserting ‘‘on the date on which’’.
(b) SPECIFICATION OF ANTICIPATED OPPORTUNITIES FOR PRO-
MOTION OF COMMISSIONED OFFICERS.—Subsection (d) of such section
is amended by adding the following new paragraph:
‘‘(4) The opportunities for promotion of commissioned offi-
cers anticipated to be estimated pursuant to section 623(b)(4)
of this title for the fiscal year in which such report is submitted
for purposes of promotion selection boards convened pursuant
to section 611 of this title during such fiscal year.’’.
SEC. 592. BURIAL OF UNCLAIMED REMAINS OF INMATES AT THE
UNITED STATES DISCIPLINARY BARRACKS CEMETERY,
FORT LEAVENWORTH, KANSAS.
Section 985 of title 10, United States Code, is amended—
(1) in subsection (b), by striking ‘‘A person who is ineligible’’
in the matter preceding paragraph (1) and inserting ‘‘Except
as provided in subsection (c), a person who is ineligible’’;
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new sub-
section (c):
‘‘(c) UNCLAIMED REMAINS OF MILITARY PRISONERS.—Subsection
(b) shall not preclude the burial at the United States Disciplinary
Barracks Cemetery at Fort Leavenworth, Kansas, of a military
prisoner, including a military prisoner who is a person described
in section 2411(b) of title 38, who dies while in custody of a military
department and whose remains are not claimed by the person
authorized to direct disposition of the remains or by other persons
dkrause on DSKBC28HB2PROD with PUBLAWS
legally authorized to dispose of the remains.’’.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00154 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1789
SEC. 593. STANDARDIZATION OF FREQUENCY OF ACADEMY VISITS OF
THE AIR FORCE ACADEMY BOARD OF VISITORS WITH
ACADEMY VISITS OF BOARDS OF OTHER MILITARY
SERVICE ACADEMIES.
Section 9355 of title 10, United States Code, is amended by
striking subsection (d) and inserting the following new subsection:
‘‘(d) The Board shall visit the Academy annually. With the
approval of the Secretary of the Air Force, the Board or its members
may make other visits to the Academy in connection with the
duties of the Board or to consult with the Superintendent of the
Academy. Board members shall have access to the Academy grounds
and the cadets, faculty, staff, and other personnel of the Academy
for the purposes of the duties of the Board.’’.
SEC. 594. NATIONAL COMMISSION ON MILITARY, NATIONAL, AND
PUBLIC SERVICE MATTERS.
(a) DEFINITIONS.—Section 551(c) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130
Stat. 2130) is amended—
(1) in paragraph (1), by inserting after ‘‘United States
Code)’’ the following: ‘‘or active status (as that term is defined
in subsection (d)(4) of such section)’’;
(2) in paragraph (2)—
(A) by striking ‘‘ ‘national service’ ’’ and inserting
‘‘ ‘public service’ ’’; and
(B) by striking ‘‘or State Government’’ and inserting
‘‘, State, Tribal, or local government’’;
(3) in paragraph (3)—
(A) by striking ‘‘ ‘public service’ ’’ and inserting
‘‘ ‘national service’ ’’; and
(B) by striking ‘‘employment’’ and inserting ‘‘participa-
tion’’; and
(4) by adding at the end the following new paragraph:
‘‘(4) The term ‘establishment date’ means September 19,
2017.’’.
(b) EXCEPTION TO PAPERWORK REDUCTION ACT.—Section 555(e)
of that Act (130 Stat. 2134) is amended by adding at the end
the following new paragraph:
‘‘(4) PAPERWORK REDUCTION ACT.—For purposes of devel-
oping its recommendations, the information collection of the
Commission may be treated as a pilot project under section
3505(a) of title 44, United States Code. In addition, the Commis-
sion shall not be subject to the requirements of section
3506(c)(2)(A) of such title.’’.
SEC. 595. PUBLIC AVAILABILITY OF TOP-LINE NUMBERS OF DEPLOYED 10 USC 122a
MEMBERS OF THE ARMED FORCES. note.
(a) IN GENERAL.—Except as provided in subsection (b), the
Secretary of Defense shall make publicly available, on a quarterly
basis, on a website of the Department the top-line numbers of
members of the Armed Forces deployed for each country as of
the date of the submittal of the report and the total number of
members of the Armed Forces so deployed during the quarter cov-
dkrause on DSKBC28HB2PROD with PUBLAWS
ered by the report.
(b) WAIVER.—
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00155 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1790 PUBLIC LAW 115–232—AUG. 13, 2018
(1) IN GENERAL.—The Secretary may waive the requirement
under subsection (a) in the case of a sensitive military operation
if—
(A) the Secretary determines the public disclosure of
the number of deployed members of the Armed Forces
could reasonably be expected to provide an operational
military advantage to an adversary; or
(B) members of the Armed Forces are deployed for
a period that does not exceed 30 days.
(2) NOTICE.— If the Secretary issues a waiver under this
subsection, the Secretary shall submit to the Committees on
Armed Services of the Senate and House of Representatives—
(A) a notice of the waiver; and
(B) the reasons for the determination to issue the
waiver.
(c) SENSITIVE MILITARY OPERATION DEFINED.—The term ‘‘sen-
sitive military operation’’ has the meaning given that term in section
130f(d) of title 10, United States Code.
SEC. 596. REPORT ON GENERAL AND FLAG OFFICER COSTS.
(a) REPORT REQUIRED.—Not later than nine months after the
date of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on general
and flag officer costs.
(b) ELEMENTS.—The report required under subsection (a) shall
include cost estimates for direct and indirect costs associated with
general and flag officers generally and for specific positions in
accordance with the recommendations of the report of the Office
of the Secretary of Defense, Office of Cost Assessment and Program
Evaluation titled ‘‘Defining General and Flag Officer Costs’’ dated
December 2017, including—
(1) direct compensation for all general and flag officers
and for specific general and flag officer positions, using the
full cost of manpower model to estimate where possible;
(2) personal money allowances for positions that receive
an allowance;
(3) deferred compensation and health care costs for all
general and flag officers and for specific general and flag officer
positions;
(4) costs associated with providing security details for spe-
cific general and flag officer positions that merit continuous
security;
(5) costs associated with Government and commercial travel
for general and flag officers who qualify for tier one or two
travel, including commercial travel costs using defense travel
system data;
(6) general flag officer per diems for specific positions,
based on average travel per diem costs;
(7) costs for enlisted and officer aide housing for general
and flag officers generally and for specific general and flag
officer positions, including basic housing assistance costs for
staff;
(8) on a case-by-case basis, costs associated with enlisted
and officer aide travel, taking into consideration the cost of
data collection;
dkrause on DSKBC28HB2PROD with PUBLAWS
(9) costs associated with additional support staff for general
and flag officers and their travel, equipment, and per diem
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00156 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1791
costs for all general and flag officers and specific general and
flag officer positions based on the average numbers per general
or flag officer and estimations using the full cost of manpower
model;
(10) costs associated with the upkeep and maintenance
of official residences not captured by basic housing assistance;
and
(11) costs associated with training for general and flag
officers generally and specific general and flag officer positions
using estimations from the full cost of manpower model.
SEC. 597. STUDY ON ACTIVE SERVICE OBLIGATIONS FOR MEDICAL
TRAINING WITH OTHER SERVICE OBLIGATIONS FOR EDU-
CATION OR TRAINING AND HEALTH PROFESSIONAL
RECRUITING.
(a) REVIEW.—Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a briefing and report on the effects
of consecutive service on active duty service obligations for medical
training as they relate to other service obligations for education
or training.
(b) MATTERS INCLUDED.—The briefing and report under sub-
section (a) shall include the following:
(1) The extent to which consecutive active duty service
obligations for medical education and training may affect
recruiting and retention of health professionals in the military
health system.
(2) The extent to which the military departments and the
Department of Defense use incentive pay authority to recruit
and retain health professionals.
(3) The extent to which the military departments and the
Department of Defense consider geographic location and com-
petition in the civilian health professional marketplace when
developing incentive pay and competitive salaries.
(4) A comparison of salaries for—
(A) military physicians and dentists with critical med-
ical and dental skills; and
(B) civilian physicians and dentists with comparable
skills.
(5) The extent to which consecutive service obligations may
result in unintended consequences relating to—
(A) general medical officers;
(B) residency training;
(C) enrollment at the Uniformed Services University;
and
(D) other matters related to consecutive service obliga-
tions on medical training.
(6) Any other matter the Comptroller General determines
is appropriate.
SEC. 598. CRITERIA FOR INTERMENT AT ARLINGTON NATIONAL CEME- 38 USC 2402
TERY. note.
(a) CRITERIA.—The Secretary of the Army, in consultation with
the Secretary of Defense, shall prescribe revised criteria for inter-
ment at Arlington National Cemetery that preserve Arlington
dkrause on DSKBC28HB2PROD with PUBLAWS
National Cemetery as an active burial ground ‘‘well into the future,’’
as that term is used in the report submitted by the Secretary
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00157 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1792 PUBLIC LAW 115–232—AUG. 13, 2018
of the Army to the Committees on Veterans’ Affairs and the
Committees on Armed Services of the House of Representatives
and the Senate, dated February 14, 2017, and titled ‘‘The Future
of Arlington National Cemetery: Report on the Cemetery’s Inter-
ment and Inurnment Capacity 2017’’.
(b) DEADLINE.—The Secretary of the Army shall establish the
criteria under subsection (a) not later than September 30, 2019.
SEC. 599. LIMITATION ON USE OF FUNDS PENDING SUBMITTAL OF
REPORT ON ARMY MARKETING AND ADVERTISING PRO-
GRAM.
(a) REPORT REQUIRED.—
(1) IN GENERAL.—The Secretary of the Army shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a report on the recommendations contained
in the audit conducted by the Army Audit Agency of the Army’s
Marketing and Advertising Program concerning contract over-
sight and return on investment.
(2) CONTENTS.—The report required by paragraph (1) shall
address each of the following:
(A) The mitigation and oversight measures imple-
mented to assure improved program return and contract
management including the establishment of specific goals
to measure long-term effects of investments in marketing
efforts.
(B) The establishment of a review process to regularly
evaluate the effectiveness and efficiency of marketing
efforts including efforts to better support the accessions
missions of the Army.
(C) The increase of acquisition and marketing experi-
ence within the Army Marketing and Research Group
(hereafter in this section referred to as the ‘‘AMRG’’).
(D) A workforce analysis of the AMRG in cooperation
with the Office of Personnel Management and industry
experts assessing the AMRG organizational structure,
staffing, and training, including an assessment of the work-
place climate and culture internal to the AMRG.
(E) The establishment of an Army Marketing and
Advisory Board comprised of senior Army and marketing
and advertising leaders and an assessment of industry
and service marketing and advertising best practices,
including a plan to incorporate relevant practices.
(F) The status of the implementation of contracting
practices recommended by the Army Audit Agency’s audit
of contracting oversight of the AMRG contained in Audit
Report A–2018–0033–MTH.
(b) LIMITATION ON USE OF FUNDS.—Not more than 60 percent
of the amounts authorized to be appropriated or otherwise made
available in this Act for the AMRG for fiscal year 2019 for adver-
tising and marketing activities may be obligated or expended until
the Secretary of the Army submits the report required by subsection
(a).
(c) COMPTROLLER GENERAL REVIEW.—Not later than 90 days
after the date of the submittal of the report required by subsection
(a), the Comptroller General of the United States shall conduct
dkrause on DSKBC28HB2PROD with PUBLAWS
a review of the results and implementation of the recommendations
of the Army Audit Agency Audits of the AMRG on contract oversight
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00158 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1793
and return on investment. Such review shall include an assessment
of the effects of the implementation of the recommendations on
the AMRG leadership, workforce and business practices, and return
on investment.
SEC. 600. PROOF OF PERIOD OF MILITARY SERVICE FOR PURPOSES
OF INTEREST RATE LIMITATION UNDER THE
SERVICEMEMBERS CIVIL RELIEF ACT.
Section 207(b)(1) of the Servicemembers Civil Relief Act (50
U.S.C. 3937(b)(1)) is amended to read as follows:
‘‘(1) PROOF OF MILITARY SERVICE.—
‘‘(A) IN GENERAL.—Not later than 180 days after the
date of a servicemember’s termination or release from mili-
tary service, in order for an obligation or liability of the
servicemember to be subject to the interest rate limitation
in subsection (a), the servicemember shall provide to the
creditor written notice and a copy of—
‘‘(i) the military orders calling the servicemember
to military service and any orders further extending
military service; or
‘‘(ii) any other appropriate indicator of military
service, including a certified letter from a commanding
officer.
‘‘(B) INDEPENDENT VERIFICATION BY CREDITOR.—
‘‘(i) IN GENERAL.—A creditor may use, in lieu of
notice and documentation under subparagraph (A),
information retrieved from the Defense Manpower
Data Center through the creditor’s normal business
reviews of such Center for purposes of obtaining
information indicating that the servicemember is on
active duty.
‘‘(ii) SAFE HARBOR.—A creditor that uses the
information retrieved from the Defense Manpower
Data Center under clause (i) with respect to a service-
member has not failed to treat the debt of the service-
member in accordance with subsection (a) if—
‘‘(I) such information indicates that, on the
date the creditor retrieves such information, the
servicemember is not on active duty; and
‘‘(II) the creditor has not, by the end of the
180-day period under subparagraph (A), received
the written notice and documentation required
under that subparagraph with respect to the serv-
icemember.’’.
TITLE VI—COMPENSATION AND OTHER
PERSONNEL BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Repeal of authority for payment of personal money allowances to Navy of-
ficers serving in certain positions.
Sec. 602. Eligibility of reserve component members for high-deployment allowance
for lengthy or numerous deployments and frequent mobilizations.
Sec. 603. Prohibition on per diem allowance reductions based on the duration of
temporary duty assignment or civilian travel.
dkrause on DSKBC28HB2PROD with PUBLAWS
Sec. 604. Extension of parking expenses allowance to civilian employees at recruit-
ing facilities.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00159 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1794 PUBLIC LAW 115–232—AUG. 13, 2018
Sec. 605. Eligibility of reserve component members for nonreduction in pay while
serving in the uniformed services or National Guard.
Sec. 606. Military Housing Privatization Initiative.
Subtitle B—Bonuses and Special Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay authorities.
Sec. 612. Report on imminent danger pay and hostile fire pay.
Subtitle C—Other Matters
Sec. 621. Extension of certain morale, welfare, and recreation privileges to certain
veterans and their caregivers.
Sec. 622. Technical corrections in calculation and publication of special survivor in-
demnity allowance cost of living adjustments.
Sec. 623. Authority to award damaged personal protective equipment to members
separating from the Armed Forces and veterans as mementos of mili-
tary service.
Sec. 624. Space-available travel on Department of Defense aircraft for veterans
with service-connected disabilities rated as total.
Sec. 625. Mandatory increase in insurance coverage under Servicemembers’ Group
Life Insurance for members deployed to combat theaters of operation.
Sec. 626. Access to military installations for certain surviving spouses and other
next of kin of members of the Armed Forces who die while on active
duty or certain reserve duty.
Sec. 627. Study and report on development of a single defense resale system.
Subtitle A—Pay and Allowances
SEC. 601. REPEAL OF AUTHORITY FOR PAYMENT OF PERSONAL MONEY
ALLOWANCES TO NAVY OFFICERS SERVING IN CERTAIN
POSITIONS.
(a) REPEAL.—Section 414 of title 37, United States Code, is
amended—
(1) by striking subsection (b); and
(2) by redesignating subsection (c) as subsection (b).
37 USC 414 note. (b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on December 31, 2018, and shall apply with
respect to personal money allowances payable under section 414
of title 37, United States Code, for years beginning after that
date.
SEC. 602. ELIGIBILITY OF RESERVE COMPONENT MEMBERS FOR HIGH-
DEPLOYMENT ALLOWANCE FOR LENGTHY OR NUMEROUS
DEPLOYMENTS AND FREQUENT MOBILIZATIONS.
Section 436(a)(2)(C)(ii) of title 37, United States Code, is
amended by inserting ‘‘section 12304b of title 10 or’’ after ‘‘under’’
the first place it appears.
SEC. 603. PROHIBITION ON PER DIEM ALLOWANCE REDUCTIONS
BASED ON THE DURATION OF TEMPORARY DUTY ASSIGN-
MENT OR CIVILIAN TRAVEL.
(a) MEMBERS.—Section 474(d)(3) of title 37, United States Code,
is amended by adding at the end the following new sentence:
‘‘The Secretary of a military department shall not alter the amount
of the per diem allowance, or the maximum amount of reimburse-
ment, for a locality based on the duration of the temporary duty
assignment in the locality of a member of the armed forces under
the jurisdiction of the Secretary.’’.
(b) CIVILIAN EMPLOYEES.—Section 5702(a)(2) of title 5, United
dkrause on DSKBC28HB2PROD with PUBLAWS
States Code, is amended by adding at the end the following new
sentence: ‘‘The Secretary of Defense shall not alter the amount
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00160 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1795
of the per diem allowance, or the maximum amount of reimburse-
ment, for a locality based on the duration of the travel in the
locality of an employee of the Department.’’.
(c) REPEALS.—
(1) EXISTING POLICY AND REGULATIONS.—The policy, and 37 USC 474 note.
any regulations issued pursuant to such policy, implemented
by the Secretary of Defense on November 1, 2014, with respect
to reductions in per diem allowances based on duration of
temporary duty assignment or civilian travel shall have no
force or effect.
(2) ATTEMPTED STATUTORY FIX.—Section 672 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114–328; 37 U.S.C. 474 note; 130 Stat. 2178) is repealed.
SEC. 604. EXTENSION OF PARKING EXPENSES ALLOWANCE TO
CIVILIAN EMPLOYEES AT RECRUITING FACILITIES.
Section 481i(b)(1) of title 37, United States Code, is amended
by striking ‘‘as a recruiter for any’’ and inserting ‘‘at a recruiting
facility’’.
SEC. 605. ELIGIBILITY OF RESERVE COMPONENT MEMBERS FOR NON-
REDUCTION IN PAY WHILE SERVING IN THE UNIFORMED
SERVICES OR NATIONAL GUARD.
Section 5538(a) of title 5, United States Code, is amended
in the matter preceding paragraph (1) by inserting ‘‘section 12304b
of title 10 or’’ after ‘‘under’’.
SEC. 606. MILITARY HOUSING PRIVATIZATION INITIATIVE. 10 USC 2871
note.
(a) PAYMENT AUTHORITY.—Each month beginning on the first
month after the date of the enactment of this Act, the Secretary
shall pay a lessor of covered housing 5 percent of the amount
calculated under section 403(b)(3)(A)(i) of title 37, United States
Code, for the area in which the covered housing exists. Any such
payment shall be in addition to any other payment made by the
Secretary to that lessor.
(b) PLAN FOR MHPI HOUSING.—Not later than December 1,
2018, the Secretary shall submit to the congressional defense
committees a long-range plan to develop measures to consistently
address the future sustainment, recapitalization, and financial
condition of MHPI housing. The plan shall include—
(1) efforts to mitigate the losses incurred by MHPI housing
projects because of the reductions to BAH under section 603
of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 37 U.S.C. 403(b)(3)(B)); and
(2) a full assessment of the effects of such reductions (in
relation to calculations of market rates for rent and utilities)
on the financial condition of MHPI housing.
(c) REPORTING.—The Secretary shall direct the Assistant Sec-
retary of Defense for Energy, Installations, and Environment to
take the following steps regarding reports under section 2884(c)
of title 10, United States Code:
(1) Provide additional contextual information on MHPI
housing to identify any differences in the calculation of debt
coverage ratios and any effect of such differences on their
comparability.
dkrause on DSKBC28HB2PROD with PUBLAWS
(2) Immediately resume issuing such reports on the finan-
cial condition of MHPI housing.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00161 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1796 PUBLIC LAW 115–232—AUG. 13, 2018
(3) Revise Department of Defense guidance on MHPI
housing—
(A) to ensure that relevant financial data (such as
debt coverage ratios) in such reports are consistent and
comparable in terms of the time periods of the data col-
lected;
(B) to include a requirement that the secretary of each
military department includes measures of future
sustainment into each assessments of MHPI housing
projects; and
(C) to require the secretary of each military department
to define risk tolerance regarding the future sustainability
of MHPI housing projects.
(4) Report financial information on future sustainment of
each MHPI housing project in such reports.
(5) Provide Department of Defense guidance to the secre-
taries of the military departments to—
(A) assess the significance of the specific risks to indi-
vidual MHPI housing projects from the reduction in BAH;
and
(B) identify methods to mitigate such risks based on
their significance.
(6) Not later than December 1, 2018, finalize Department
of Defense guidance that clearly defines—
(A) the circumstances in which the military depart-
ments shall provide notification of housing project changes
to the congressional defense committees; and
(B) which types of such changes require prior notifica-
tion to or prior approval from the congressional defense
committees.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘BAH’’ means the basic allowance for housing
under section 403 of title 37, United States Code.
(2) The term ‘‘covered housing’’ means a unit of MHPI
housing that is leased to a member of a uniformed service
who resides in such unit.
(3) The term ‘‘MHPI housing’’ means housing acquired
or constructed under the alternative authority of subchapter
IV of chapter 169 of title 10, United States Code (known as
the Military Housing Privatization Initiative) on or before Sep-
tember 30, 2014.
Subtitle B—Bonuses and Special Incentive
Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND
SPECIAL PAY AUTHORITIES.
(a) AUTHORITIES RELATING TO RESERVE FORCES.—Section 910(g)
of title 37, United States Code, relating to income replacement
payments for reserve component members experiencing extended
and frequent mobilization for active duty service, is amended by
striking ‘‘December 31, 2018’’ and inserting ‘‘December 31, 2019’’.
(b) TITLE 10 AUTHORITIES RELATING TO HEALTH CARE PROFES-
SIONALS.—The following sections of title 10, United States Code,
dkrause on DSKBC28HB2PROD with PUBLAWS
are amended by striking ‘‘December 31, 2018’’ and inserting
‘‘December 31, 2019’’:
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00162 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1797
(1) Section 2130a(a)(1), relating to nurse officer candidate
accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the Selected
Reserve.
(c) AUTHORITIES RELATING TO NUCLEAR OFFICERS.—Section
333(i) of title 37, United States Code, is amended by striking
‘‘December 31, 2018’’ and inserting ‘‘December 31, 2019’’.
(d) AUTHORITIES RELATING TO TITLE 37 CONSOLIDATED SPECIAL
PAY, INCENTIVE PAY, AND BONUS AUTHORITIES.—The following sec-
tions of title 37, United States Code, are amended by striking
‘‘December 31, 2018’’ and inserting ‘‘December 31, 2019’’:
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(4) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.
(5) Section 336(g), relating to contracting bonus for cadets
and midshipmen enrolled in the Senior Reserve Officers’
Training Corps.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special
duty pay.
(8) Section 353(i), relating to skill incentive pay or pro-
ficiency bonus.
(9) Section 355(h), relating to retention incentives for mem-
bers qualified in critical military skills or assigned to high
priority units.
(e) AUTHORITY TO PROVIDE TEMPORARY INCREASE IN RATES
OF BASIC ALLOWANCE FOR HOUSING.—Section 403(b)(7)(E) of title
37, United States Code, is amended by striking ‘‘December 31,
2018’’ and inserting ‘‘December 31, 2019’’.
SEC. 612. REPORT ON IMMINENT DANGER PAY AND HOSTILE FIRE
PAY.
(a) REPORT REQUIRED.—Not later than March 1, 2019, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
examining the current processes for awarding imminent danger
pay and hostile fire pay to members of the Armed Forces.
(b) ELEMENTS.—This report under this section shall include
the following:
(1) An analysis of difficulties in implementing the current
system.
(2) An explanation of how geographic regions are selected
to be eligible for such pay and the criteria used to define
these regions.
(3) An examination of whether the current geographic
model is the most appropriate way to award such pay, including
the following:
(A) A discussion of whether the current model most
dkrause on DSKBC28HB2PROD with PUBLAWS
accurately reflects the realities of modern warfare and
is responsive enough to the needs of members.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00163 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1798 PUBLIC LAW 115–232—AUG. 13, 2018
(B) Whether the Secretary believes it would be appro-
priate to tie such pay to specific authorizations for deploy-
ments (including deployments of special operations forces)
in addition to geographic criteria.
(C) A description of any change the Secretary would
consider to update such pay to reflect the current oper-
ational environment.
(D) How the Secretary would implement each change
under subparagraph (C).
(E) Recommendations of the Secretary for related regu-
lations or legislative action.
Subtitle C—Other Matters
Purple Heart SEC. 621. EXTENSION OF CERTAIN MORALE, WELFARE, AND RECRE-
and Disabled ATION PRIVILEGES TO CERTAIN VETERANS AND THEIR
Veterans Equal CAREGIVERS.
Access Act
of 2018. (a) SHORT TITLE.—This section may be cited as the ‘‘Purple
10 USC 101 note. Heart and Disabled Veterans Equal Access Act of 2018’’.
(b) COMMISSARY STORES AND MWR FACILITIES PRIVILEGES FOR
CERTAIN VETERANS AND VETERAN CAREGIVERS.—
(1) EXTENSION OF PRIVILEGES.—Chapter 54 of title 10,
United States Code, is amended by adding at the end the
following new section:
10 USC 1065. ‘‘§ 1065. Use of commissary stores and MWR facilities: certain
veterans and caregivers for veterans
‘‘(a) ELIGIBILITY OF VETERANS AWARDED THE PURPLE HEART.—
A veteran who was awarded the Purple Heart shall be permitted
to use commissary stores and MWR facilities on the same basis
as a member of the armed forces entitled to retired or retainer
pay.
‘‘(b) ELIGIBILITY OF VETERANS WHO ARE MEDAL OF HONOR
RECIPIENTS.—A veteran who is a Medal of Honor recipient shall
be permitted to use commissary stores and MWR facilities on the
same basis as a member of the armed forces entitled to retired
or retainer pay.
‘‘(c) ELIGIBILITY OF VETERANS WHO ARE FORMER PRISONERS
OF WAR.—A veteran who is a former prisoner of war shall be
permitted to use commissary stores and MWR facilities on the
same basis as a member of the armed forces entitled to retired
or retainer pay.
‘‘(d) ELIGIBILITY OF VETERANS WITH SERVICE-CONNECTED
DISABILITIES.—A veteran with a service-connected disability shall
be permitted to use commissary stores and MWR facilities on the
same basis as a member of the armed forces entitled to retired
or retainer pay.
‘‘(e) ELIGIBILITY OF CAREGIVERS FOR VETERANS.—A caregiver
or family caregiver shall be permitted to use commissary stores
and MWR facilities on the same basis as a member of the armed
forces entitled to retired or retainer pay.
‘‘(f) USER FEE AUTHORITY.—(1) The Secretary of Defense shall
prescribe regulations that impose a user fee on individuals who
dkrause on DSKBC28HB2PROD with PUBLAWS
are eligible solely under this section to purchase merchandise at
a commissary store or MWR retail facility.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00164 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1799
‘‘(2) The Secretary shall set the user fee under this subsection
at a rate that the Secretary determines will offset any increase
in expenses arising from this section borne by the Department
of the Treasury on behalf of commissary stores associated with
the use of credit or debit cards for customer purchases, including
expenses related to card network use and related transaction proc-
essing fees.
‘‘(3) The Secretary shall deposit funds collected pursuant to
a user fee under this subsection in the General Fund of the
Treasury.
‘‘(4) Any fee under this subsection is in addition to the uniform
surcharge under section 2484(d) of this title.
‘‘(g) DEFINITIONS.—In this section:
‘‘(1) The term ‘MWR facilities’ includes—
‘‘(A) MWR retail facilities, as that term is defined
in section 1063(e) of this title; and
‘‘(B) military lodging operated by the Department of
Defense for the morale, welfare, and recreation of members
of the armed forces.
‘‘(2) The term ‘Medal of Honor recipient’ has the meaning
given that term in section 1074h(c) of this title.
‘‘(3) The terms ‘veteran’, ‘former prisoner of war’, and
‘service-connected’ have the meanings given those terms in
section 101 of title 38.
‘‘(4) The terms ‘caregiver’ and ‘family caregiver’ have the
meanings given those terms in section in section 1720G(d)
of title 38.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 54 of title 10, United States Code, is 10 USC 1061
amended by adding at the end the following new item: prec.
‘‘1065. Use of commissary stores and MWR facilities: certain veterans and care-
givers for veterans.’’.
(3) EFFECTIVE DATE.—Section 1065 of title 10, United 10 USC 1065
States Code, as added by paragraph (1), shall take effect on note.
January 1, 2020.
(4) BRIEFING REQUIRED.—Not later than October 1, 2019,
the Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives
a briefing on the plan of the Secretary to implement section
1065 of title 10, United States Code, as added by paragraph
(1).
SEC. 622. TECHNICAL CORRECTIONS IN CALCULATION AND PUBLICA-
TION OF SPECIAL SURVIVOR INDEMNITY ALLOWANCE
COST OF LIVING ADJUSTMENTS.
(a) MONTHS FOR WHICH ADJUSTMENT APPLICABLE.—Paragraph
(2) of section 1450(m) of title 10, United States Code, is amended—
(1) in subparagraph (I), by striking ‘‘December’’ and
inserting ‘‘November’’; and
(2) in subparagraph (J), by striking ‘‘for months during
any calendar year after 2018’’ and inserting ‘‘for months after
November 2018’’.
(b) COST OF LIVING ADJUSTMENT.—Paragraph (6) of such section
is amended—
dkrause on DSKBC28HB2PROD with PUBLAWS
(1) in the paragraph heading, by striking ‘‘AFTER 2018’’
and inserting ‘‘AFTER NOVEMBER 2018’’; and
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00165 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1800 PUBLIC LAW 115–232—AUG. 13, 2018
(2) by striking subparagraphs (A) and (B) and inserting
the following new subparagraphs:
‘‘(A) IN GENERAL.—Whenever retired pay is increased
for a month under section 1401a of this title (or any other
provision of law), the amount of the allowance payable
under paragraph (1) for that month shall also be increased.
‘‘(B) AMOUNT OF INCREASE.—With respect to an eligible
survivor of a member of the uniformed services, the
increase for a month shall be—
‘‘(i) the amount payable pursuant to paragraph
(2) for months during the preceding 12-month period;
plus
‘‘(ii) an amount equal to a percentage of the
amount determined pursuant to clause (i), which
percentage is the percentage by which the retired pay
of the member would have increased for the month,
as described in subparagraph (A), if the member was
alive (and otherwise entitled to such pay).
‘‘(C) ROUNDING DOWN.—The monthly amount of an
allowance payable under this subsection, if not a multiple
of $1, shall be rounded to the next lower multiple of $1.
‘‘(D) PUBLIC NOTICE ON AMOUNT OF ALLOWANCE PAY-
ABLE.—Whenever an increase in the amount of the allow-
ance payable under paragraph (1) is made pursuant to
this paragraph, the Secretary of Defense shall publish the
amount of the allowance so payable by reason of such
increase, including the months for which payable.’’.
10 USC 1450 (c) EFFECTIVE DATE.—The amendments made by this section
note. shall take effect on December 1, 2018.
SEC. 623. AUTHORITY TO AWARD DAMAGED PERSONAL PROTECTIVE
EQUIPMENT TO MEMBERS SEPARATING FROM THE ARMED
FORCES AND VETERANS AS MEMENTOS OF MILITARY
SERVICE.
(a) IN GENERAL.—Chapter 152 of title 10, United States Code,
is amended by adding at the end the following new section:
10 USC 2568a. ‘‘§ 2568a. Damaged personal protective equipment: award to
members separating from the Armed Forces and
veterans
‘‘(a) IN GENERAL.—The Secretary of a military department,
acting through a disposition service distribution center of the
Defense Logistics Agency, may award to a covered individual the
demilitarized PPE of that covered individual. The award of PPE
under this section shall be without cost to the covered individual.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) The term ‘covered individual’ means—
‘‘(A) a member of the armed forces—
‘‘(i) under the jurisdiction of the Secretary con-
cerned; and
‘‘(ii) who is separating from the armed forces; or
‘‘(B) a veteran who was under the jurisdiction of the
Secretary concerned while a member of the armed forces.
‘‘(2) The term ‘PPE’ means personal protective equipment
that was damaged in combat or otherwise—
dkrause on DSKBC28HB2PROD with PUBLAWS
‘‘(A) during the deployment of a covered individual;
and
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00166 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1801
‘‘(B) after September 11, 2001.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 152 of such title is amended by adding at the 10 USC 2551
end the following new item: prec.
‘‘2568a. Damaged personal protective equipment: award to members separating from
the armed forces and veterans.’’.
SEC. 624. SPACE-AVAILABLE TRAVEL ON DEPARTMENT OF DEFENSE
AIRCRAFT FOR VETERANS WITH SERVICE-CONNECTED
DISABILITIES RATED AS TOTAL.
(a) IN GENERAL.—Subsection (c) of section 2641b of title 10,
United States Code, is amended—
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(2) by inserting after paragraph (3) the following new para-
graph (4):
‘‘(4) Subject to subsection (f), veterans with a permanent
service-connected disability rated as total.’’.
(b) CONDITIONS AND LIMITATIONS.—Such section is further
amended—
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new sub-
section (f):
‘‘(f) VETERANS WITH SERVICE-CONNECTED DISABILITIES RATED
AS TOTAL.—(1) Travel may not be provided under this section to
a veteran eligible for travel pursuant to subsection (c)(4) in priority
over any member eligible for travel under subsection (c)(1) or any
dependent of such a member eligible for travel under this section.
‘‘(2) The authority in subsection (c)(4) may not be construed
as affecting or in any way imposing on the Department of Defense,
any armed force, or any commercial company with which they
contract an obligation or expectation that they will retrofit or alter,
in any way, military aircraft or commercial aircraft, or related
equipment or facilities, used or leased by the Department or such
armed force to accommodate passengers provided travel under such
authority on account of disability.
‘‘(3) The authority in subsection (c)(4) may not be construed
as preempting the authority of a flight commander to determine
who boards the aircraft and any other matters in connection with
safe operation of the aircraft.’’.
SEC. 625. MANDATORY INCREASE IN INSURANCE COVERAGE UNDER
SERVICEMEMBERS’ GROUP LIFE INSURANCE FOR MEM-
BERS DEPLOYED TO COMBAT THEATERS OF OPERATION.
Section 1967(a)(3) of title 38, United States Code, is amended—
(1) in subparagraph (A), by striking ‘‘subparagraphs (B)
and (C)’’ and inserting ‘‘subparagraphs (B), (C), and (D)’’; and
(2) by adding at the end the following new subparagraph:
‘‘(D) In the case of a member who elects under paragraph
(2)(A) not to be insured under this section, or who elects under
subparagraph (B) to be insured for an amount less than the
maximum amount provided under subparagraph (A), and who
is deployed to a combat theater of operations the member—
‘‘(i) shall be insured under this subchapter for the
maximum amount provided under subparagraph (A) for
dkrause on DSKBC28HB2PROD with PUBLAWS
the period of such deployment; and
‘‘(ii) upon the end of such deployment—
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00167 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1802 PUBLIC LAW 115–232—AUG. 13, 2018
‘‘(I) shall be insured in the amount elected by
the member under subparagraph (B); or
‘‘(II) shall not be insured, if so elected under para-
graph (2)(A).’’.
10 USC 113 note. SEC. 626. ACCESS TO MILITARY INSTALLATIONS FOR CERTAIN SUR-
VIVING SPOUSES AND OTHER NEXT OF KIN OF MEMBERS
OF THE ARMED FORCES WHO DIE WHILE ON ACTIVE DUTY
OR CERTAIN RESERVE DUTY.
(a) PROCEDURES FOR ACCESS OF SURVIVING SPOUSES
REQUIRED.—The Secretary of Defense, acting jointly with the Sec-
retary of Homeland Security, shall establish procedures by which
an eligible surviving spouse may obtain unescorted access, as appro-
priate, to military installations in order to receive benefits to which
the eligible surviving spouse may be entitled by law or policy.
(b) PROCEDURES FOR ACCESS OF NEXT OF KIN AUTHORIZED.—
(1) IN GENERAL.—The Secretary of Defense, acting jointly
with the Secretary of Homeland Security, may establish proce-
dures by which the next of kin of a covered member of the
Armed Forces, in addition to an eligible surviving spouse, may
obtain access to military installations for such purposes and
under such conditions as the Secretaries jointly consider appro-
priate.
(2) NEXT OF KIN.—If the Secretaries establish procedures
pursuant to paragraph (1), the Secretaries shall jointly specify
the individuals who shall constitute next of kin for purposes
of such procedures.
(c) CONSIDERATIONS.—Any procedures established under this
section shall—
(1) be applied consistently across the Department of
Defense and the Department of Homeland Security, including
all components of the Departments;
(2) minimize any administrative burden on a surviving
spouse or dependent child, including through the elimination
of any requirement for a surviving spouse to apply as a personal
agent for continued access to military installations in accom-
paniment of a dependent child;
(3) take into account measures required to ensure the secu-
rity of military installations, including purpose and eligibility
for access and renewal periodicity; and
(4) take into account such other factors as the Secretary
of Defense or the Secretary of Homeland Security considers
appropriate.
(d) DEADLINE.—The procedures required by subsection (a) shall
be established by the date that is not later than one year after
the date of the enactment of this Act.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘eligible surviving spouse’’ means an indi-
vidual who is a surviving spouse of a covered member of the
Armed Forces, without regard to whether the individual
remarries after the death of the covered member of the Armed
Forces.
(2) The term ‘‘covered member of the Armed Forces’’ means
dkrause on DSKBC28HB2PROD with PUBLAWS
a member of the Armed Forces who dies while serving—
(A) on active duty; or
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00168 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1803
(B) on such reserve duty as the Secretary of Defense
and the Secretary of Homeland Security may jointly specify
for purposes of this section.
SEC. 627. STUDY AND REPORT ON DEVELOPMENT OF A SINGLE
DEFENSE RESALE SYSTEM.
(a) STUDY.—The Secretary of Defense shall conduct a study
to determine the feasibility of consolidating the military resale
entities into a single defense resale system. Such study shall include
the following:
(1) A financial assessment of consolidation of the military
resale entities.
(2) A business case analysis of consolidation of the military
resale entities.
(3) Organizational, operational, and business model
integration plans for consolidation of the military resale enti-
ties.
(4) Determinations of which back-office processes and sys-
tems associated with finance and payment processing tech-
nologies the Secretary could convert to common technologies.
(b) REPORT.—Not later than January 1, 2019, the Secretary
shall submit a report to the congressional defense committees
regarding the study under subsection (a). That report shall contain
the following:
(1) Details of the internal and external organizational struc-
tures of a consolidated defense resale system.
(2) Recommendations of the Secretaries of each of the mili-
tary departments regarding the plan to consolidate the military
resale entities.
(3) The costs and associated plan for the merger of tech-
nologies or implementation of new technology from a third-
party provider to standardize financial management and
accounting processes of a consolidated defense resale system.
(4) Best practices to maximize reductions in costs associated
with back-office retail payment processing for a consolidated
defense resale system.
(5) A timeline for converting the Defense Commissary
Agency into a non-appropriated fund instrumentality under
section 2484(j) of title 10, United States Code.
(6) A determination whether the business case analysis
supports consolidation of the military resale entities.
(7) Recommendations of the Secretary for legislation related
to consolidation of the military resale entities.
(8) Other elements the Secretary determines are necessary
for a successful evaluation of a consolidation of the military
resale entities.
(c) PROHIBITION ON USE OF FUNDS.—None of the amounts
authorized to be appropriated or otherwise made available in this
Act may be obligated or expended for the purpose of implementing
consolidation of the military resale entities until October 1, 2019.
(d) MILITARY RESALE ENTITIES DEFINED.—In this section the
term ‘‘military resale entities’’ means—
(1) the Defense Commissary Agency;
(2) the Army and Air Force Exchange Service;
dkrause on DSKBC28HB2PROD with PUBLAWS
(3) the Navy Exchange; and
(4) the Marine Corps Exchange.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00169 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1804 PUBLIC LAW 115–232—AUG. 13, 2018
TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—TRICARE and Other Health Care Benefits
Sec. 701. Cessation of requirement for mental health assessment of members after
redeployment from a contingency operation upon discharge or release
from the Armed Forces.
Sec. 702. Pilot program on treatment of members of the Armed Forces for post-
traumatic stress disorder related to military sexual trauma.
Subtitle B—Health Care Administration
Sec. 711. Improvement of administration of the Defense Health Agency and mili-
tary medical treatment facilities.
Sec. 712. Organizational framework of the military healthcare system to support
the medical requirements of the combatant commands.
Sec. 713. Administration of TRICARE dental plans through the Federal Employees
Dental and Vision Insurance Program.
Sec. 714. Streamlining of TRICARE Prime beneficiary referral process.
Sec. 715. Sharing of information with State prescription drug monitoring programs.
Sec. 716. Pilot program on opioid management in the military health system.
Sec. 717. Wounded warrior policy review.
Sec. 718. Medical simulation technology and live tissue training within the Depart-
ment of Defense.
Sec. 719. Improvements to trauma center partnerships.
Sec. 720. Improvement to notification to Congress of hospitalization of combat-
wounded members of the Armed Forces.
Subtitle C—Reports and Other Matters
Sec. 731. Extension of authority for Joint Department of Defense-Department of
Veterans Affairs Medical Facility Demonstration Fund.
Sec. 732. Joint forces medical capabilities development and standardization.
Sec. 733. Inclusion of gambling disorder in health assessments of members of the
Armed Forces and related research efforts.
Sec. 734. Report on requirement for certain former members of the Armed Forces
to enroll in Medicare Part B to be eligible for TRICARE for Life.
Sec. 735. Pilot program on earning by special operations forces medics of credit to-
ward a physician assistant degree.
Sec. 736. Strategic medical research plan.
Sec. 737. Comptroller General of the United States review of Defense Health Agen-
cy oversight of transition between managed care support contractors for
the TRICARE program.
Sec. 738. Comptroller General study on availability of long-term care options for
veterans from Department of Veterans Affairs.
Sec. 739. Increase in number of appointed members of the Henry M. Jackson Foun-
dation for the Advancement of Military Medicine.
Subtitle A—TRICARE and Other Health
Care Benefits
SEC. 701. CESSATION OF REQUIREMENT FOR MENTAL HEALTH ASSESS-
MENT OF MEMBERS AFTER REDEPLOYMENT FROM A
CONTINGENCY OPERATION UPON DISCHARGE OR
RELEASE FROM THE ARMED FORCES.
Section 1074m of title 10, United States Code, is amended—
(1) in subsection (a)(1)(C), by striking ‘‘Once’’ and inserting
‘‘Subject to subsection (d), once’’; and
(2) in subsection (d), by striking ‘‘subsection (a)(1)(D)’’ and
inserting ‘‘subparagraph (C) or (D) of subsection (a)(1)’’.
10 USC 1092 SEC. 702. PILOT PROGRAM ON TREATMENT OF MEMBERS OF THE
note. ARMED FORCES FOR POST-TRAUMATIC STRESS DISORDER
RELATED TO MILITARY SEXUAL TRAUMA.
dkrause on DSKBC28HB2PROD with PUBLAWS
(a) IN GENERAL.—The Secretary of Defense may carry out a
pilot program to assess the feasibility and advisability of using
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00170 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1805
intensive outpatient programs to treat members of the Armed
Forces suffering from post-traumatic stress disorder resulting from
military sexual trauma, including treatment for substance abuse,
depression, and other issues related to such conditions.
(b) DISCHARGE THROUGH PARTNERSHIPS.—The pilot program
authorized by subsection (a) shall be carried out through partner-
ships with public, private, and non-profit health care organizations,
universities, and institutions that—
(1) provide health care to members of the Armed Forces;
(2) provide evidence-based treatment for psychological and
neurological conditions that are common among members of
the Armed Forces, including post-traumatic stress disorder,
traumatic brain injury, substance abuse, and depression;
(3) provide health care, support, and other benefits to
family members of members of the Armed Forces; and
(4) provide health care under the TRICARE program (as
that term is defined in section 1072 of title 10, United States
Code).
(c) PROGRAM ACTIVITIES.—Each organization or institution that
participates in a partnership under the pilot program authorized
by subsection (a) shall—
(1) carry out intensive outpatient programs of short dura-
tion to treat members of the Armed Forces suffering from
post-traumatic stress disorder resulting from military sexual
trauma, including treatment for substance abuse, depression,
and other issues related to such conditions;
(2) use evidence-based and evidence-informed treatment
strategies in carrying out such programs;
(3) share clinical and outreach best practices with other
organizations and institutions participating in the pilot pro-
gram; and
(4) annually assess outcomes for members of the Armed
Forces individually and among the organizations and institu-
tions participating in the pilot program with respect to the
treatment of conditions described in paragraph (1).
(d) EVALUATION METRICS.—Before commencement of the pilot
program, the Secretary shall establish metrics to be used to evaluate
the effectiveness of the pilot program and the activities under
the pilot program.
(e) REPORTS.—
(1) INITIAL REPORT.—Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the pilot program author-
ized by subsection (a). The report shall include a description
of the pilot program and such other matters on the pilot pro-
gram as the Secretary considers appropriate.
(2) FINAL REPORT.—Not later than 180 days after the ces-
sation of the pilot program under subsection (f), the Secretary
shall submit to the committees of Congress referred to in para-
graph (1) a report on the pilot program. The report shall include
the following:
(A) A description of the pilot program, including the
partnerships under the pilot program as described in sub-
section (b).
dkrause on DSKBC28HB2PROD with PUBLAWS
(B) An assessment of the effectiveness of the pilot
program and the activities under the pilot program.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00171 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1806 PUBLIC LAW 115–232—AUG. 13, 2018
(C) Such recommendations for legislative or adminis-
trative action as the Secretary considers appropriate in
light of the pilot program, including recommendations for
extension or making permanent the authority for the pilot
program.
(f) TERMINATION.—The Secretary may not carry out the pilot
program authorized by subsection (a) after the date that is three
years after the date of the enactment of this Act.
Subtitle B—Health Care Administration
SEC. 711. IMPROVEMENT OF ADMINISTRATION OF THE DEFENSE
HEALTH AGENCY AND MILITARY MEDICAL TREATMENT
FACILITIES.
(a) ADMINISTRATION OF FACILITIES BY DIRECTOR OF DEFENSE
HEALTH AGENCY.—
(1) IN GENERAL.—Subsection (a) of section 1073c of title
10, United States Code, is amended—
(A) in paragraph (1), by striking ‘‘Beginning October
1, 2018,’’ and inserting ‘‘In accordance with paragraph (4),
by not later than September 30, 2021,’’;
(B) by redesignating paragraphs (2) and (3) as para-
graphs (3) and (5), respectively;
(C) by inserting after paragraph (1) the following new
paragraph (2):
‘‘(2) In addition to the responsibilities set forth in paragraph
(1), the Director of the Defense Health Agency shall, commencing
when the Director begins to exercise responsibilities under that
paragraph, have the authority—
‘‘(A) to direct, control, and serve as the primary rater
of the performance of commanders or directors of military med-
ical treatment facilities;
‘‘(B) to direct and control any intermediary organizations
between the Defense Health Agency and military medical treat-
ment facilities;
‘‘(C) to determine the scope of medical care provided at
each military medical treatment facility to meet the military
personnel readiness requirements of the senior military oper-
ational commander of the military installation;
‘‘(D) to determine total workforce requirements at each
military medical treatment facility;
‘‘(E) to direct joint manning at military medical treatment
facilities and intermediary organizations;
‘‘(F) to address personnel staffing shortages at military
medical treatment facilities; and
‘‘(G) to select among service nominations for commanders
or directors of military medical treatment facilities.’’;
(D) by inserting after paragraph (3), as redesignated
by subparagraph (B), the following new paragraph (4):
‘‘(4) The Secretary of Defense shall establish a timeline to
ensure that each Secretary of a military department transitions
the administration of military medical treatment facilities from
such Secretary to the Director of the Defense Health Agency pursu-
dkrause on DSKBC28HB2PROD with PUBLAWS
ant to paragraph (1) by the date specified in such paragraph.’’;
and
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00172 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1807
(E) in paragraph (5), as so redesignated, by striking
‘‘subsection (a)’’ and inserting ‘‘paragraphs (1) and (2)’’.
(2) COMBAT SUPPORT RESPONSIBILITIES.—Subsection (d)(2)
of such section is amended by adding at the end the following
new subparagraph:
‘‘(C) Ensuring that the Defense Health Agency meets the
military medical readiness requirements of the senior military
operational commanders of the military installations.’’.
(3) LIMITATION ON CLOSURES AND DOWNSIZINGS IN CONNEC- 10 USC 1073c
TION WITH TRANSITION OF ADMINISTRATION.—In carrying out note.
the transition of responsibility for the administration of military
medical treatment facilities pursuant to subsection (a) of section
1073c of title 10, United States Code (as amended by paragraph
(1)), and in addition to any other applicable requirements under
section 1073d of that title, the Secretary of Defense may not
close any military medical treatment facility, or downsize any
medical center, hospital, or ambulatory care center (as specified
in section 1073d of that title), that addresses the medical needs
of beneficiaries and the community in the vicinity of such
facility, center, hospital, or care center until the Secretary
submits to the congressional defense committees a report set-
ting forth the following:
(A) A description of the methodology and criteria to
be used by the Secretary to make decisions to close any
military medical treatment facility, or to downsize any
medical center, hospital, or ambulatory care center, in
connection with the transition, including input from the
military department concerned.
(B) A requirement that no closure of a military medical
treatment facility, or downsizing of a medical center, hos-
pital, or ambulatory care center, in connection with the
transition will occur until 90 days after the date on which
Secretary submits to the Committees on Armed Services
of the Senate and the House of Representatives a report
on the closure or downsizing.
(b) ADDITIONAL DEFENSE HEALTH AGENCY ORGANIZATIONS.—
(1) IN GENERAL.—Section 1073c of such title is further
amended—
(A) by redesignating subsection (e) as subsection (f);
and
(B) by inserting after subsection (d) the following new
subsection (e):
‘‘(e) ADDITIONAL DHA ORGANIZATIONS.—Not later than Sep-
tember 30, 2022, the Secretary of Defense shall, acting though
the Director of the Defense Health Agency, establish within the
Defense Health Agency the following:
‘‘(1) A subordinate organization, to be called the Defense
Health Agency Research and Development—
‘‘(A) led, at the election of the Director, by a director
or commander (to be called the Director or Commander
of Defense Health Agency Research and Development);
‘‘(B) comprised of the Army Medical Research and
Materiel Command and such other medical research
dkrause on DSKBC28HB2PROD with PUBLAWS
organizations and activities of the armed forces as the
Secretary considers appropriate; and
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00173 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1808 PUBLIC LAW 115–232—AUG. 13, 2018
‘‘(C) responsible for coordinating funding for Defense
Health Program Research, Development, Test, and Evalua-
tion, the Congressionally Directed Medical Research Pro-
gram, and related Department of Defense medical research.
‘‘(2) A subordinate organization, to be called the Defense
Health Agency Public Health—
‘‘(A) led, at the election of the Director, by a director
or commander (to be called the Director or Commander
of Defense Health Agency Public Health); and
‘‘(B) comprised of the Army Public Health Command,
the Navy–Marine Corps Public Health Command, Air Force
public health programs, and any other related defense
health activities that the Secretary considers appropriate,
including overseas laboratories focused on preventive medi-
cine, environmental health, and similar matters.’’.
(2) REPORT ON FEASIBILITY OF FURTHER ADDITIONAL
ORGANIZATION IN DHA.—Not later than 270 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on a study, conducted
by the Secretary for purposes of the report, of the feasibility
of establishing with the Defense Health Agency a subordinate
organization, to be called the Defense Health Agency Education
and Training, to be led by the President of the Uniformed
Services University of the Health Sciences and to be comprised
of the current Medical Education and Training Campus, the
Uniformed Services University of the Health Sciences, the med-
ical education and training commands of the Armed Forces,
and such other elements, facilities, and commands of the
Department of Defense as the Secretary considers appropriate.
(c) REPORT ON FEASIBILITY OF SUPERSEDING ORGANIZATION FOR
DHA.—
(1) REPORT REQUIRED.—Not later than 270 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on a study, conducted
by the Secretary for purposes of the report, of the feasibility
of establishing a command, to be called the Defense Health
Command, as a superseding organization to the Defense Health
Agency.
(2) ELEMENTS.—If the Secretary determines in the report
under paragraph (1) that a command as a superseding organiza-
tion to the Defense Health Agency is feasible, the report shall
include the following:
(A) A description of the required responsibilities of
the commander of the command.
(B) A description of any current organizations that
support the Defense Health Agency to be included in the
command.
(C) A description of any authorities required for the
leadership and direction of the command.
(D) Any other matters in the connection with the
establishment, operations, and activities of the command
dkrause on DSKBC28HB2PROD with PUBLAWS
that the Secretary considers appropriate.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00174 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1809
SEC. 712. ORGANIZATIONAL FRAMEWORK OF THE MILITARY 10 USC 1073c
HEALTHCARE SYSTEM TO SUPPORT THE MEDICAL note.
REQUIREMENTS OF THE COMBATANT COMMANDS.
(a) ORGANIZATIONAL FRAMEWORK REQUIRED.—
(1) IN GENERAL.—The Secretary of Defense shall, acting
through the Director of the Defense Health Agency, implement
an organizational framework for the military healthcare system
that most effectively implements chapter 55 of title 10, United
States Code, in a manner that maximizes interoperability and
fully integrates medical capabilities of the Armed Forces in
order to enhance joint military medical operations in support
of requirements of the combatant commands.
(2) COMPLIANCE WITH CERTAIN REQUIREMENTS.—The
organizational framework, as implemented, shall comply with
all requirements of section 1073c of title 10, United States
Code, except for the implementation date specified in subsection
(a) of such section.
(b) DEFENSE HEALTH REGIONS IN CONUS.—The organizational
framework required by subsection (a) shall meet the requirements
as follows:
(1) DEFENSE HEALTH REGIONS.—There shall be not more
than two defense health regions in the continental United
States.
(2) LEADERS.—Each region under paragraph (1) shall be
led by a commander or director who is a member of the Armed
Forces serving in a grade not higher than major general or
rear admiral, and who—
(A) shall be selected by the Director of the Defense
Health Agency from among members of the Armed Forces
recommended by the Secretaries of the military depart-
ments for service in such position; and
(B) shall be under the authority, direction, and control
of the Director while serving in such position.
(c) DEFENSE HEALTH REGIONS OCONUS.—The organizational
framework required by subsection (a) shall provide for the establish-
ment of not more than two defense health regions outside the
continental United States in order—
(1) to enhance joint military medical operations in support
of the requirements of the combatant commands in such region
or regions, with a specific focus on current and future contin-
gency and operational plans;
(2) to ensure the provision of high-quality healthcare serv-
ices to beneficiaries; and
(3) to improve the interoperability of healthcare delivery
systems in the defense health regions (whether under this
subsection, subsection (b), or both).
(d) PLANNING AND COORDINATION.—
(1) SUSTAINMENT OF CLINICAL COMPETENCIES AND
STAFFING.—The Director of the Defense Health Agency shall—
(A) provide in each defense health region under this
section healthcare delivery venues for uniformed medical
and dental personnel to obtain operational clinical com-
petencies; and
(B) coordinate with the military departments to ensure
that staffing at military medical treatment facilities in
dkrause on DSKBC28HB2PROD with PUBLAWS
each region supports readiness requirements for members
of the Armed Forces and military medical personnel.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00175 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1810 PUBLIC LAW 115–232—AUG. 13, 2018
(2) OVERSIGHT AND ALLOCATION OF RESOURCES.—
(A) IN GENERAL.—The Director shall, consistent with
section 193 of title 10, United States Code, coordinate
with the Chairman of the Joint Chiefs of Staff, through
the Joint Staff Surgeon, to conduct oversight and direct
resources to support requirements related to readiness and
operational medicine support that are validated by the
Joint Staff.
(B) SUPPLY AND DEMAND FOR MEDICAL SERVICES.—
Based on operational medical force readiness requirements
of the combatant commands validated by the Joint Staff,
the Director shall—
(i) validate supply and demand requirements for
medical and dental services at each military medical
treatment facility;
(ii) in coordination with the Surgeons General of
the Armed Forces, provide currency workload for uni-
formed medical and dental personnel at each such
facility to maintain skills proficiency; and
(iii) if workload is insufficient to meet require-
ments, identify alternative training and clinical prac-
tice sites for uniformed medical and dental personnel,
and establish military-civilian training partnerships,
to provide such workload.
(e) ADDITIONAL DUTIES OF SURGEONS GENERAL OF THE ARMED
FORCES.—
(1) IN GENERAL.—The Surgeons General of the Armed
Forces shall have the duties as follows:
(A) To assign uniformed medical and dental personnel
of the military department concerned to military medical
treatment facilities for training activities specific to such
military department and for operational and training mis-
sions, during which assignment such personnel shall be
under the operational control of the commander or director
of the military medical treatment facility concerned, subject
to the authority, direction, and control of the Director of
the Defense Health Agency.
(B) To ensure the readiness for operational deployment
of medical and dental personnel and deployable medical
or dental teams or units of the Armed Force or Armed
Forces concerned.
(C) To provide logistical support for operational deploy-
ment of medical and dental personnel and deployable med-
ical or dental teams or units of the Armed Force or Armed
Forces concerned.
(D) To oversee mobilization and demobilization in
connection with the operational deployment of medical and
dental personnel of the Armed Force or Armed Forces
concerned.
(E) To carry out operational medical and dental force
development for the military department concerned.
(F) In coordination with the Secretary concerned, to
ensure that the operational medical force readiness
dkrause on DSKBC28HB2PROD with PUBLAWS
organizations of the Armed Forces support the medical
and dental readiness responsibilities of the Director.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00176 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1811
(G) To develop operational medical capabilities
required to support the warfighter, and to develop policy
relating to such capabilities.
(H) To provide health professionals to serve in leader-
ship positions across the military healthcare system.
(2) MEDICAL FORCE REQUIREMENTS OF THE COMBATANT COM-
MANDS.—The Surgeon General of each Armed Force shall, on
behalf of the Secretary concerned, ensure that the uniformed
medical and dental personnel serving in such Armed Force
receive training and clinical practice opportunities necessary
to ensure that such personnel are capable of meeting the oper-
ational medical force requirements of the combatant commands
applicable to such personnel. Such training and practice
opportunities shall be provided through programs and activities
of the Defense Health Agency and by such other mechanisms
as the Secretary of Defense shall designate for purposes of
this paragraph.
(3) CONSTRUCTION OF DUTIES.—The duties of a Surgeon
General of the Armed Forces under this subsection are in
addition to the duties of such Surgeon General under section
3036, 5137, or 8036 of title 10, United States Code, as
applicable.
(f) REPORT.—Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and the House
of Representatives a report that sets forth the following:
(1) A description of the organizational structure of the
office of each Surgeon General of the Armed Forces, and of
any subordinate organizations of the Armed Forces that will
support the functions and responsibilities of a Surgeon General
of the Armed Forces.
(2) The manning documents for staffing in support of the
organizational structures described pursuant to paragraph (1),
including manning levels before and after such organizational
structures are implemented.
(3) Such recommendations for legislative or administrative
action as the Secretary considers appropriate in connection
with the implementation of such organizational structures and,
in particular, to avoid duplication of functions and tasks
between the organizations in such organizational structures
and the Defense Health Agency.
SEC. 713. ADMINISTRATION OF TRICARE DENTAL PLANS THROUGH
THE FEDERAL EMPLOYEES DENTAL AND VISION INSUR-
ANCE PROGRAM.
(a) ELIGIBILITY OF ADDITIONAL BENEFICIARIES UNDER FEDERAL
EMPLOYEES DENTAL AND VISION INSURANCE PROGRAM.—Section
8951(8) of title 5, United States Code, is amended by striking
‘‘1076c’’ and inserting ‘‘1076a or 1076c’’.
(b) ADMINISTRATION OF TRICARE DENTAL PLANS.—Subsection
(b) of section 1076a of title 10, United States Code, is amended
to read as follows:
‘‘(b) ADMINISTRATION OF PLANS.—The plans established under
this section shall be administered by the Secretary of Defense
through an agreement with the Director of the Office of Personnel
dkrause on DSKBC28HB2PROD with PUBLAWS
Management to allow persons described in subsection (a) to enroll
in an insurance plan under chapter 89A of title 5, in accordance
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00177 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1812 PUBLIC LAW 115–232—AUG. 13, 2018
with terms prescribed by the Secretary, including terms, to the
extent practical, as defined by the Director through regulation,
consistent with subsection (d) and, to the extent practicable in
relation to such chapter 89A, other provisions of this section.’’.
5 USC 8951 note. (c) APPLICABILITY.—The amendments made by this section shall
apply with respect to the first contract year for chapter 89A of
title 5, United States Code, that begins on or after January 1,
2022.
10 USC 1076a (d) TRANSITION.—To ensure a successful transition pursuant
note. to the amendments made by this section in the administration
of the TRICARE dental plans under section 1076a of title 10,
United States Code, the Secretary of Defense shall ensure that
the contractor for such plans provides claims information under
such plans to carriers providing dental coverage under chapter
89A of title 5, United States Code, after the transition.
(e) REPORT.—
(1) IN GENERAL.—Not later than January 1, 2020, the Sec-
retary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the transition in the administration of the TRICARE
dental insurance plan for retirees from administration by the
Department of Defense as the TRICARE Retiree Dental Plan
to administration by the Office of Personnel Management as
part of the Federal Employees Dental and Vision Insurance
Program.
(2) ELEMENTS.—The report required by paragraph (1) shall
include the following:
(A) A description of lessons learned from the transition
of the administration of the TRICARE dental insurance
plan for retirees from administration by the Department
as the TRICARE Retiree Dental Plan to administration
by the Office of Personnel Management as part of the
Federal Employees Dental and Vision Insurance Program.
(B) An assessment of the effectiveness of the transition.
(C) A timeline for the implementation plan for the
transition of the administration of the TRICARE dental
plans under section 1076a of title 10, United States Code,
to administration as part of the Federal Employees Dental
and Vision Insurance Program pursuant to the amend-
ments made by this section.
10 USC 1095f SEC. 714. STREAMLINING OF TRICARE PRIME BENEFICIARY REFERRAL
note. PROCESS.
(a) IN GENERAL.—The Secretary of Defense shall streamline
the process under section 1095f of title 10, United States Code,
by which beneficiaries enrolled in TRICARE Prime are referred
to the civilian provider network for inpatient or outpatient care
under the TRICARE program.
(b) OBJECTIVES.—In carrying out the requirement in subsection
(a), the Secretary shall meet the following objectives:
(1) The referral process shall model best industry practices
for referrals from primary care managers to specialty care
providers.
dkrause on DSKBC28HB2PROD with PUBLAWS
(2) The process shall limit administrative requirements
for enrolled beneficiaries.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00178 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1813
(3) Beneficiary preferences for communications relating to
appointment referrals using state-of-the-art information tech-
nology shall be used to expedite the process.
(4) There shall be effective and efficient processes to deter-
mine the availability of appointments at military medical treat-
ment facilities and, when unavailable, to make prompt referrals
to network providers under the TRICARE program.
(c) DEADLINE FOR IMPLEMENTATION.—The requirement in sub-
section (a) shall be implemented for referrals under TRICARE Prime
in calendar year 2019.
(d) EVALUATION AND IMPROVEMENT.—After 2019, the Secretary
shall—
(1) evaluate the referral process described in subsection
(a) not less often than annually; and
(2) make appropriate improvements to the process in light
of such evaluations.
(e) DEFINITIONS.—In this section, the terms ‘‘TRICARE pro-
gram’’ and ‘‘TRICARE Prime’’ have the meaning given such terms
in section 1072 of title 10, United States Code.
SEC. 715. SHARING OF INFORMATION WITH STATE PRESCRIPTION
DRUG MONITORING PROGRAMS.
(a) IN GENERAL.—Section 1074g of title 10, United States Code,
is amended—
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (f) the following new sub-
section (g):
‘‘(g) SHARING OF INFORMATION WITH STATE PRESCRIPTION DRUG
MONITORING PROGRAMS.—(1) The Secretary of Defense shall estab-
lish and maintain a program (to be known as the ‘Military Health
System Prescription Drug Monitoring Program’) in accordance with
this subsection. The program shall include a special emphasis on
drugs provided through facilities of the uniformed services.
‘‘(2) The program shall be—
‘‘(A) comparable to prescription drug monitoring programs
operated by States, including such programs approved by the
Secretary of Health and Human Services under section 399O
of the Public Health Service Act (42 U.S.C. 280g–3); and
‘‘(B) applicable to designated controlled substance prescrip-
tions under the pharmacy benefits program.
‘‘(3)(A) The Secretary shall establish appropriate procedures
for the bi-directional sharing of patient-specific information
regarding prescriptions for designated controlled substances
between the program and State prescription drug monitoring pro-
grams.
‘‘(B) The purpose of sharing of information under this paragraph
shall be to prevent misuse and diversion of opioid medications
and other designated controlled substances.
‘‘(C) Any disclosure of patient-specific information by the Sec-
retary under this paragraph is an authorized disclosure for purposes
of the health information privacy regulations promulgated under
the Health Insurance Portability and Accountability Act of 1996
dkrause on DSKBC28HB2PROD with PUBLAWS
(Public Law 104–191).
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00179 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1814 PUBLIC LAW 115–232—AUG. 13, 2018
‘‘(4)(A) Any procedures developed pursuant to paragraph (3)(A)
shall include appropriate safeguards, as determined by the Sec-
retary, concerning cyber security of Department of Defense systems
and operational security of Department personnel.
‘‘(B) To the extent the Secretary considers appropriate, the
program may be treated as comparable to a State program for
purposes of bi-directional sharing of controlled substance prescrip-
tion information.
‘‘(5) For purposes of this subsection, any reference to a program
operated by a State includes any program operated by a county,
municipality, or other subdivision within that State.’’.
(b) CONFORMING AMENDMENT.—Section 1079(q) of such title
is amended by striking ‘‘section 1074g(g)’’ and inserting ‘‘section
1074g(h)’’.
10 USC 1090 SEC. 716. PILOT PROGRAM ON OPIOID MANAGEMENT IN THE MILITARY
note. HEALTH SYSTEM.
(a) PILOT PROGRAM.—
(1) IN GENERAL.—Beginning not later than 180 days after
the date of the enactment of this Act, the Director of the
Defense Health Agency shall implement a comprehensive pilot
program to assess the feasability and advisability of mecha-
nisms to minimize early exposure of beneficiaries under the
TRICARE program to opioids and to prevent the progression
of beneficiaries to misuse or abuse of opioid medications.
(2) OPIOID SAFETY ACROSS CONTINUUM OF CARE.—The pilot
program shall include elements to maximize opioid safety across
the entire continuum of care consisting of patient, physician
or dentist, and pharmacist.
(b) ELEMENTS OF PILOT PROGRAM.—The pilot program shall
include the following:
(1) Identification of potential misuse or abuse of opioid
medications in pharmacies of military treatment facilities, retail
network pharmacies, and the home delivery pharmacy, and
the transmission of alerts regarding such potential misuse or
abuse of opioids to prescribing physicians and dentists.
(2) Direct engagement with, education for, and manage-
ment of beneficiaries under the TRICARE program to help
such beneficiaries avoid misuse or abuse of opioid medications.
(3) Proactive outreach by specialist pharmacists to bene-
ficiaries under the TRICARE program when identifying poten-
tial misuse or abuse of opioid medications.
(4) Monitoring of beneficiaries under the TRICARE pro-
gram through the use of predictive analytics to identify the
potential for opioid abuse and addiction before beneficiaries
begin an opioid prescription.
(5) Detection of fraud, waste, and abuse in connection with
opioids.
(c) DURATION.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
Director shall carry out the pilot program for a period of not
more than three years.
(2) EXPANSION.—The Director may carry out the pilot pro-
dkrause on DSKBC28HB2PROD with PUBLAWS
gram on a permanent basis if the Director determines that
the mechanisms under the pilot program successfully reduce
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00180 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1815
early opioid exposure in beneficiaries under the TRICARE pro-
gram and prevent the progression of beneficiaries to misuse
or abuse of opioid medications.
(d) REPORT.—
(1) IN GENERAL.—Not later than 180 days before completion
of the pilot program, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the pilot program.
(2) ELEMENTS.—The report required by paragraph (1) shall
include the following:
(A) A description of the pilot program, including out-
come measures developed to determine the overall effective-
ness of the mechanisms under the pilot program.
(B) A description of the ability of the mechanisms
under the pilot program to identify misuse and abuse of
opioid medications among beneficiaries under the
TRICARE program in each pharmacy venue of the phar-
macy program of the military health system.
(C) A description of the impact of the use of predictive
analytics to monitor beneficiaries under the TRICARE pro-
gram in order to identify the potential for opioid abuse
and addiction before beneficiaries begin an opioid prescrip-
tion.
(D) A description of any reduction in the misuse or
abuse of opioid medications among beneficiaries under the
TRICARE program as a result of the pilot program.
(e) TRICARE PROGRAM DEFINED.—In this section, the term
‘‘TRICARE program’’ has the meaning given that term in section
1072 of title 10, United States Code.
SEC. 717. WOUNDED WARRIOR POLICY REVIEW. 10 USC 1071
note.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall review
and update policies and procedures relating to the care and manage-
ment of recovering service members. In conducting such review,
the Secretary shall consider best practices—
(1) in the care of recovering service members;
(2) in the administrative management relating to such
care;
(3) to carry out applicable provisions of Federal law; and
(4) recommended by the Comptroller General of the United
States in the report titled ‘‘Army Needs to Improve Oversight
of Warrior Transition Units’’.
(b) SCOPE OF POLICY.—In carrying out subsection (a), the Sec-
retary shall update policies of the Department of Defense with
respect to each of the following:
(1) The case management coordination of members of the
Armed Forces between the military departments and the mili-
tary medical treatment facilities administered by the Director
of the Defense Health Agency pursuant to section 1073c of
title 10, United States Code, including with respect to the
coordination of—
(A) appointments;
(B) rehabilitative services;
(C) recuperation in an outpatient status;
dkrause on DSKBC28HB2PROD with PUBLAWS
(D) contract care provided by a private health care
provider outside of a military medical treatment facility;
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00181 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1816 PUBLIC LAW 115–232—AUG. 13, 2018
(E) the disability evaluation system; and
(F) other administrative functions relating to the mili-
tary department.
(2) The transition of a member of the Armed Forces who
is retired under chapter 61 of title 10, United States Code,
from receiving treatment furnished by the Secretary of Defense
to treatment furnished by the Secretary of Veterans Affairs.
(3) Facility standards related to lodging and accommoda-
tions for recovering service members and the family members
and non-medical attendants of recovering service members.
(c) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary of Defense and Secretaries
of the military departments shall jointly submit to the Committees
on Armed Services of the Senate and the House of Representatives
a report on the review conducted under subsection (a), including
a description of the policies updated pursuant to subsection (b).
(d) DEFINITIONS.—In this section, the terms ‘‘disability evalua-
tion system’’, ‘‘outpatient status’’, and ‘‘recovering service members’’
have the meaning given those terms in section 1602 of the Wounded
Warrior Act (title XVI of Public Law 110–181; 10 U.S.C. 1071
note).
10 USC 1071 SEC. 718. MEDICAL SIMULATION TECHNOLOGY AND LIVE TISSUE
note. TRAINING WITHIN THE DEPARTMENT OF DEFENSE.
(a) IN GENERAL.—
(1) USE OF SIMULATION TECHNOLOGY.—Except as provided
by paragraph (2), the Secretary of Defense shall use medical
simulation technology, to the maximum extent practicable,
before the use of live tissue training to train medical profes-
sionals and combat medics of the Department of Defense.
(2) DETERMINATION.—The use of live tissue training within
the Department of Defense may be used as determined nec-
essary by the medical chain of command.
(b) BRIEFING.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation
with the Chairman of the Joint Chiefs of Staff and the Secretaries
of the military departments, shall provide a briefing to the Commit-
tees on Armed Services of the House of Representatives and the
Senate on the use and benefit of medical simulation technology
and live tissue training within the Department of Defense to train
medical professionals, combat medics, and members of the Special
Operations Forces.
(c) ELEMENTS.—The briefing under subsection (b) shall include
the following:
(1) A discussion of the benefits and needs of both medical
simulation technology and live tissue training.
(2) Ways and means to enhance and advance the use of
simulation technologies in training.
(3) An assessment of current medical simulation technology
requirements, gaps, and limitations.
(4) An overview of Department of Defense medical training
programs, as of the date of the briefing, that use live tissue
training and medical simulation technologies.
dkrause on DSKBC28HB2PROD with PUBLAWS
(5) Any other matters the Secretary determines appro-
priate.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00182 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1817
SEC. 719. IMPROVEMENTS TO TRAUMA CENTER PARTNERSHIPS.
Section 708(c) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 1071 note) is
amended—
(1) in paragraph (1), by striking ‘‘large metropolitan
teaching hospitals that have level I civilian’’;
(2) in paragraph (2)—
(A) by striking ‘‘with civilian academic medical centers
and large metropolitan teaching hospitals’’; and
(B) by striking ‘‘the trauma centers of the medical
centers and hospitals’’ and inserting ‘‘trauma centers’’; and
(3) in paragraph (3), by striking ‘‘large metropolitan
teaching hospitals’’ and inserting ‘‘trauma centers’’.
SEC. 720. IMPROVEMENT TO NOTIFICATION TO CONGRESS OF HOS-
PITALIZATION OF COMBAT-WOUNDED MEMBERS OF THE
ARMED FORCES.
Section 1074l(a) of title 10, United States Code, is amended
by striking ‘‘admitted to a military treatment facility within the
United States’’ and inserting ‘‘admitted to any military medical
treatment facility’’.
Subtitle C—Reports and Other Matters
SEC. 731. EXTENSION OF AUTHORITY FOR JOINT DEPARTMENT OF
DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL
FACILITY DEMONSTRATION FUND.
Section 1704(e) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2573), as most
recently amended by section 719 of the National Defense Authoriza-
tion Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1440),
is further amended by striking ‘‘September 30, 2019’’ and inserting
‘‘September 30, 2020’’.
SEC. 732. JOINT FORCES MEDICAL CAPABILITIES DEVELOPMENT AND
STANDARDIZATION.
(a) PROCESS REQUIRED.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall,
in coordination with the Secretaries of the military departments
and the Chairman of the Joint Chiefs of Staff, develop a process
to establish required joint force medical capabilities for members
of the Armed Forces that meet the operational planning require-
ments of the combatant commands.
(b) PROCESS ELEMENTS.—The process developed under sub-
section (a) shall include the following:
(1) A joint medical estimate to determine the medical
requirements for treating members of the Armed Forces who
are wounded, ill, or injured during military operations,
including with respect to environmental health and force health
protection.
(2) A process to review and revise military health related
mission essential tasks in order to ensure that such tasks
are aligned with health professional knowledge, skills, and
abilities.
dkrause on DSKBC28HB2PROD with PUBLAWS
(3) A process to standardize the interoperability of medical
equipment and capabilities to support the joint force.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00183 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1818 PUBLIC LAW 115–232—AUG. 13, 2018
(c) REPORT.—Not later than June 1, 2019, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report describing
the process developed under subsection (a).
10 USC 1071 SEC. 733. INCLUSION OF GAMBLING DISORDER IN HEALTH ASSESS-
note. MENTS OF MEMBERS OF THE ARMED FORCES AND
RELATED RESEARCH EFFORTS.
(a) INCLUSION IN NEXT ANNUAL PERIODIC HEALTH ASSESS-
MENTS.—The Secretary of Defense shall incorporate medical
screening questions specific to gambling disorder into the Annual
Periodic Health Assessments of members of the Armed Forces con-
ducted by the Department of Defense during the one-year period
beginning 180 days after the date of the enactment of this Act.
(b) INCLUSION IN CERTAIN SURVEYS.—The Secretary shall incor-
porate into ongoing research efforts of the Department questions
on gambling disorder, as appropriate, including by restoring such
questions to the following:
(1) The first Health Related Behaviors Survey of Active
Duty Military Personnel conducted after the date of the enact-
ment of this Act.
(2) The first Health Related Behaviors Survey of Reserve
Component Personnel conducted after that date.
(c) REPORTS.—Not later than one year after the date of the
completion of the assessment referred to in subsection (a), and
of each survey referred to in subsection (b), as modified pursuant
to this section, the Secretary shall submit to the Committees on
Armed Services of the Senate and the House of Representatives
a report on the findings of the assessment or survey in connection
with the prevalence of gambling disorder among members of the
Armed Forces.
SEC. 734. REPORT ON REQUIREMENT FOR CERTAIN FORMER MEMBERS
OF THE ARMED FORCES TO ENROLL IN MEDICARE PART
B TO BE ELIGIBLE FOR TRICARE FOR LIFE.
(a) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, the Secretary of Defense, the Secretary
of Health and Human Services, and the Commissioner of Social
Security shall jointly submit to the Committees on Armed Services
of the House of Representatives and the Senate, the Committee
on Ways and Means of the House of Representatives, and the
Committee on Finance of the Senate a report on the findings of
a study, conducted by the Secretaries for purposes of the report,
on the requirement that a covered individual enroll in the supple-
mentary medical insurance program under part B of title XVIII
of the Social Security Act (42 U.S.C. 1395j et seq.) in order to
be eligible for TRICARE for Life.
(b) MATTERS INCLUDED.—The study under subsection (a) shall
include the following:
(1) An analysis of whether the requirement described in
such subsection affects covered individuals from returning to
work.
(2) The number of individuals who—
(A) are retired from the Armed Forces under chapter
61 of title 10, United States Code;
dkrause on DSKBC28HB2PROD with PUBLAWS
(B) are entitled to hospital insurance benefits under
part A of title XVIII of the Social Security Act pursuant
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00184 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1819
to receiving benefits for 24 months as described in subpara-
graph (A) or (C) of section 226(b)(2) of such Act (42 U.S.C.
426(b)(2)); and
(C) because of such entitlement, are no longer enrolled
in TRICARE Standard, TRICARE Prime, TRICARE Extra,
or TRICARE Select.
(3) The number of covered individuals who would poten-
tially enroll in TRICARE for Life but not enroll in the supple-
mentary medical insurance program under part B of title XVIII
of the Social Security Act (42 U.S.C. 1395j et seq.) if able.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘covered individual’’ means an individual—
(A) who is under 65 years of age;
(B) who is entitled to hospital insurance benefits under
part A of title XVIII of the Social Security Act pursuant
to subparagraph (A) or (C) of section 226(b)(2) of such
Act (42 U.S.C. 426(b)(2));
(C) whose entitlement to a benefit described in
subparagraph (A) of such section has terminated due to
performance of substantial gainful activity; and
(D) who is retired under chapter 61 of title 10, United
States Code.
(2) The terms ‘‘TRICARE for Life’’, ‘‘TRICARE Extra’’,
‘‘TRICARE Standard’’, ‘‘TRICARE Select’’, and ‘‘TRICARE
Prime’’ have the meanings given those terms in section 1072
of title 10, United States Code.
SEC. 735. PILOT PROGRAM ON EARNING BY SPECIAL OPERATIONS 10 USC 2015
FORCES MEDICS OF CREDIT TOWARD A PHYSICIAN ASSIST- note.
ANT DEGREE.
(a) IN GENERAL.—The Assistant Secretary of Defense for Health
Affairs may conduct a pilot program to assess the feasibility and
advisability of partnerships between special operations forces and
institutions of higher education, and health care systems if deter-
mined appropriate by the Assistant Secretary for purposes of the
pilot program, through which special operations forces medics earn
credit toward the master’s degree of physician assistant for military
operational work and training performed by the medics.
(b) DURATION.—The Assistant Secretary shall conduct the pilot
program for a period not to exceed five years.
(c) CLINICAL TRAINING.—Partnerships under subsection (a) shall
permit medics participating in the pilot program to conduct clinical
training at medical facilities of the Department of Defense and
the civilian sector.
(d) EVALUATION.—The evaluation of work and training per-
formed by medics for which credits are earned under the pilot
program shall comply with civilian clinical evaluation standards
applicable to the awarding of the master’s degree of physician
assistant.
(e) REPORTS.—
(1) INITIAL REPORT.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on the pilot program
that shall include the following:
dkrause on DSKBC28HB2PROD with PUBLAWS
(A) A comprehensive framework for the military edu-
cation to be provided to special operations forces medics
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00185 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1820 PUBLIC LAW 115–232—AUG. 13, 2018
under the pilot program, including courses of instruction
at institutions of higher education and any health care
systems participating in the pilot program.
(B) Metrics to be used to assess the effectiveness of
the pilot program.
(C) A description of the mechanisms to be used by
the Department, medics, or both to cover the costs of edu-
cation received by medics under the pilot program through
institutions of higher education or health care systems,
including payment by the Department in return for a mili-
tary service commitment, tuition or other educational
assistance by the Department, use by medics of post-9/
11 educational assistance available through the Depart-
ment of Veterans Affairs, and any other mechanisms the
Secretary considers appropriate for purposes of the pilot
program.
(2) FINAL REPORT.—Not later than 180 days after comple-
tion of the pilot program, the Secretary shall submit to the
committees of Congress referred to in paragraph (1) a final
report on the pilot program. The report shall include the fol-
lowing:
(A) An evaluation of the pilot program using the
metrics of assessment set forth pursuant to paragraph
(1)(B).
(B) An assessment of the utility of the funding mecha-
nisms set forth pursuant to paragraph (1)(C).
(C) An assessment of the effects of the pilot program
on recruitment and retention of medics for special oper-
ations forces.
(D) An assessment of the feasibility and advisability
of extending one or more authorities for joint professional
military education under chapter 107 of title 10, United
States Code, to warrant officers or enlisted personnel, and
if the Secretary considers the extension of any such authori-
ties feasible and advisable, recommendations for legislative
or administrative action to so extend such authorities.
(f) CONSTRUCTION OF AUTHORITIES.—Nothing in this section
may be construed to—
(1) authorize an officer or employee of the Federal Govern-
ment to create, endorse, or otherwise incentivize a particular
curriculum or degree track; or
(2) require, direct, review, or control a State or educational
institution, or the instructional content, curriculum, and related
activities of a State or educational institution.
SEC. 736. STRATEGIC MEDICAL RESEARCH PLAN.
(a) PLAN.—Not later than 30 days after the date on which
the budget of the President for fiscal year 2020 is submitted to
Congress pursuant to section 1105 of title 31, United States Code,
the Secretary of Defense, in consultation with the Secretaries of
the military departments, shall submit to the congressional defense
committees a comprehensive strategic medical research plan.
(b) MATTERS INCLUDED.—The plan under subsection (a) shall
include the following:
dkrause on DSKBC28HB2PROD with PUBLAWS
(1) A description of all medical research focus areas of
the Department of Defense and a description of the coordination
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00186 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1821
process to ensure the focus areas are linked to military readi-
ness, joint force requirements, and relevance to individuals
eligible for care at military medical treatment facilities or
through the TRICARE program.
(2) A description of the medical research projects funded
under the Defense Health Program account and the projects
under the Congressional Directed Medical Research Program.
(3) A description of the process to ensure synergy across
the military medical research community in order to address
gaps in military medical research, minimize duplication of
research, and promote collaboration within research focus
areas.
(4) A description of the efforts of the Secretary to coordinate
with other departments and agencies of the Federal Govern-
ment to increase awareness of complementary medical research
efforts that are being carried out through the Federal Govern-
ment.
SEC. 737. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW 10 USC 1073a
OF DEFENSE HEALTH AGENCY OVERSIGHT OF TRANSITION note.
BETWEEN MANAGED CARE SUPPORT CONTRACTORS FOR
THE TRICARE PROGRAM.
(a) BRIEFING AND REPORT ON CURRENT TRANSITION.—
(1) IN GENERAL.—The Comptroller General of the United
States shall provide to the Committees on Armed Services
of the Senate and the House of Representatives a briefing
and a report on a review by the Comptroller General of the
oversight conducted by the Defense Health Agency with respect
to the current transition between managed care support con-
tractors for the TRICARE program. The briefing shall be pro-
vided by not later than July 1, 2019.
(2) ELEMENTS.—The briefing and report under paragraph
(1) shall each include the following:
(A) A description and assessment of the extent to which
the Defense Health Agency provided guidance and over-
sight to the outgoing and incoming managed care support
contractors for the TRICARE program during the transition
described in paragraph (1) and before the start of health
care delivery by the incoming contractor.
(B) A description and assessment of any issues with
health care delivery under the TRICARE program as a
result of or in connection with the transition, and, with
respect to such issues—
(i) the effect, if any, of the guidance and oversight
provided by the Defense Health Agency during the
transition on such issues; and
(ii) the solutions developed by the Defense Health
Agency for remediating any deficiencies in managed
care support for the TRICARE program in connection
with such issues.
(C) A description and assessment of the extent to which
the Defense Health Agency has reviewed any lessons
learned from past transitions between managed care sup-
port contractors for the TRICARE program, and incor-
porated such lessons into the transition.
dkrause on DSKBC28HB2PROD with PUBLAWS
(D) A review of the Department of Defense briefing
provided in accordance with the provisions of the Report
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00187 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1822 PUBLIC LAW 115–232—AUG. 13, 2018
of the Committee on Armed Services of the House of Rep-
resentatives to Accompany H.R. 5515 (115th Congress;
House Report 115–676) on TRICARE Managed Care Sup-
port Contractor Reporting.
(b) REPORT ON FUTURE TRANSITIONS.—Not later than 270 days
after the completion of any future transition between managed
care support contractors for the TRICARE program, the Comptroller
General shall submit to the committees of Congress referred to
in subsection (a)(1) a report on a review by the Comptroller General
of the oversight conducted by the Defense Health Agency with
respect to such transition. The report shall include each description
and assessment specified in subparagraphs (A) through (C) of sub-
section (a)(2) with respect to such transition.
(c) TRICARE PROGRAM DEFINED.—In this section, the term
‘‘TRICARE program’’ has the meaning given that term in section
1072 of title 10, United States Code.
SEC. 738. COMPTROLLER GENERAL STUDY ON AVAILABILITY OF LONG-
TERM CARE OPTIONS FOR VETERANS FROM DEPARTMENT
OF VETERANS AFFAIRS.
(a) IN GENERAL.—The Comptroller General of the United States
shall conduct a study on the availability of long-term care options
from the Department of Veterans Affairs for veterans with combat-
related disabilities, including veterans who served in the Armed
Forces after September 11, 2001.
(b) ELEMENTS.—The study required by subsection (a) shall—
(1) determine the potential demand for long-term care by
veterans eligible for health care from the Department;
(2) determine the capacity of the Department for providing
all four levels of long-term care, which are independent living,
assisted living, nursing home care, and memory care;
(3) identify the number of veterans with combat-related
disabilities who require a personal care assistant and which
facilities of the Department provide this service; and
(4) examine the value of long-term care benefits provided
by the Department, including personal care assistant services,
to identify the potential elements of a pilot program that affords
aging veterans the choice of receiving long-term care benefits
at nonprofit continuing care retirement communities.
(c) REPORT.—Not later than January 1, 2020, the Comptroller
General shall submit to the Committee on Armed Services and
the Committee on Veterans’ Affairs of the Senate and the Com-
mittee on Armed Services and the Committee on Veterans’ Affairs
of the House of Representatives a report on the study conducted
under this section.
SEC. 739. INCREASE IN NUMBER OF APPOINTED MEMBERS OF THE
HENRY M. JACKSON FOUNDATION FOR THE ADVANCE-
MENT OF MILITARY MEDICINE.
Section 178(c)(1)(C) of title 10, United States Code, is amended
by striking ‘‘four members’’ and inserting ‘‘six members’’.
dkrause on DSKBC28HB2PROD with PUBLAWS
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00188 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1823
TITLE VIII—ACQUISITION POLICY, AC-
QUISITION MANAGEMENT, AND RE-
LATED MATTERS
Sec. 800. Effective dates; coordination of amendments.
Subtitle A—Streamlining of Defense Acquisition Statutes and Regulations
PART I—CONSOLIDATION OF DEFENSE ACQUISITION STATUTES IN NEW PART V OF
SUBTITLE A OF TITLE 10, UNITED STATES CODE
Sec. 801. Framework for new part V of subtitle A.
PART II—REDESIGNATION OF SECTIONS AND CHAPTERS OF SUBTITLES B, C, AND D TO
PROVIDE ROOM FOR NEW PART V OF SUBTITLE A
Sec. 806. Redesignation of sections and chapters of subtitle D of title 10, United
States Code—Air Force.
Sec. 807. Redesignation of sections and chapters of subtitle C of title 10, United
States Code—Navy and Marine Corps.
Sec. 808. Redesignation of sections and chapters of subtitle B of title 10, United
States Code—Army.
Sec. 809. Cross references to redesignated sections and chapters.
PART III—REPEALS OF CERTAIN PROVISIONS OF DEFENSE ACQUISITION LAW
Sec. 811. Amendment to and repeal of statutory requirements for certain positions
or offices in the Department of Defense.
Sec. 812. Repeal of certain defense acquisition laws.
Sec. 813. Repeal of certain Department of Defense reporting requirements.
Subtitle B—Amendments to General Contracting Authorities, Procedures, and
Limitations
Sec. 816. Modification of limitations on single source task or delivery order con-
tracts.
Sec. 817. Preliminary cost analysis requirement for exercise of multiyear contract
authority.
Sec. 818. Revision of requirement to submit information on services contracts to
Congress.
Sec. 819. Data collection and inventory for services contracts.
Sec. 820. Report on clarification of services contracting definitions.
Sec. 821. Increase in micro-purchase threshold applicable to Department of De-
fense.
Sec. 822. Department of Defense contracting dispute matters.
Sec. 823. Inclusion of best available information regarding past performance of sub-
contractors and joint venture partners.
Sec. 824. Subcontracting price and approved purchasing systems.
Sec. 825. Modification of criteria for waivers of requirement for certified cost and
price data.
Subtitle C—Provisions Relating to Major Defense Acquisition Programs
Sec. 831. Revisions in authority relating to program cost targets and fielding tar-
gets for major defense acquisition programs.
Sec. 832. Implementation of recommendations of the Independent Study on Consid-
eration of Sustainment in Weapons Systems Life Cycle.
Sec. 833. Comptroller General assessment of acquisition programs and related ini-
tiatives.
Subtitle D—Provisions Relating to Commercial Items
Sec. 836. Revision of definition of commercial item for purposes of Federal acquisi-
tion statutes.
Sec. 837. Limitation on applicability to Department of Defense commercial con-
tracts of certain provisions of law.
Sec. 838. Modifications to procurement through commercial e-commerce portals.
Sec. 839. Review of Federal acquisition regulations on commercial products, com-
mercial services, and commercially available off-the-shelf items.
dkrause on DSKBC28HB2PROD with PUBLAWS
Subtitle E—Industrial Base Matters
Sec. 841. Report on limited sourcing of specific components for Naval vessels.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00189 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1824 PUBLIC LAW 115–232—AUG. 13, 2018
Sec. 842. Removal of national interest determination requirements for certain enti-
ties.
Sec. 843. Pilot program to test machine-vision technologies to determine the au-
thenticity and security of microelectronic parts in weapon systems.
Sec. 844. Limitation on certain procurements application process.
Sec. 845. Report on defense electronics industrial base.
Sec. 846. Support for defense manufacturing communities to support the defense
industrial base.
Sec. 847. Limitation on procurement of certain items for T–AO–205 program.
Subtitle F—Small Business Matters
Sec. 851. Department of Defense small business strategy.
Sec. 852. Prompt payments of small business contractors.
Sec. 853. Increased participation in the Small Business Administration microloan
program.
Sec. 854. Amendments to Small Business Innovation Research Program and Small
Business Technology Transfer Program.
Sec. 855. Construction contract administration.
Sec. 856. Comptroller General study of impact of broadband speed and price on
small businesses.
Sec. 857. Consolidated budget display for the Department of Defense Small Busi-
ness Innovation Research Program and Small Business Technology
Transfer Program.
Sec. 858. Funding for procurement technical assistance program.
Sec. 859. Authorization for payment of certain costs relating to procurement tech-
nical assistance centers.
Sec. 860. Commercialization Assistance Pilot Program.
Sec. 861. Puerto Rico businesses.
Sec. 862. Opportunities for employee-owned business concerns through Small Busi-
ness Administration loan programs.
Subtitle G—Provisions Related to Software and Technical Data Matters
Sec. 865. Validation of proprietary and technical data.
Sec. 866. Continuation of technical data rights during challenges.
Sec. 867. Requirement for negotiation of technical data price before sustainment of
major weapon systems.
Sec. 868. Implementation of recommendations of the final report of the Defense
Science Board Task Force on the Design and Acquisition of Software for
Defense Systems.
Sec. 869. Implementation of pilot program to use agile or iterative development
methods required under section 873 of the National Defense Authoriza-
tion Act for Fiscal Year 2018.
Sec. 870. Report on requiring access to digital technical data in future acquisitions
of combat, combat service, and combat support systems.
Subtitle H—Other Matters
Sec. 871. Prohibition on acquisition of sensitive materials from non-allied foreign
nations.
Sec. 872. Extension of prohibition on providing funds to the enemy.
Sec. 873. Data, policy, and reporting on the use of other transactions.
Sec. 874. Standardization of formatting and public accessibility of Department of
Defense reports to Congress.
Sec. 875. Promotion of the use of Government-wide and other interagency con-
tracts.
Sec. 876. Increasing competition at the task order level.
Sec. 877. Individual acquisition for commercial leasing services.
Sec. 878. Procurement administrative lead time definition and plan.
Sec. 879. Briefing on funding of product support strategies.
Sec. 880. Use of lowest price technically acceptable source selection process.
Sec. 881. Permanent Supply Chain Risk Management Authority.
Sec. 882. Review of market research.
Sec. 883. Establishment of integrated review team on defense acquisition industry-
government exchange.
Sec. 884. Exchange program for acquisition workforce employees.
Sec. 885. Process to limit foreign access to technology.
Sec. 886. Procurement of telecommunications supplies for experimental purposes.
Sec. 887. Access by developmental and operational testing activities to data regard-
ing modeling and simulation activity.
Sec. 888. Instruction on pilot program regarding employment of persons with dis-
abilities.
Sec. 889. Prohibition on certain telecommunications and video surveillance services
dkrause on DSKBC28HB2PROD with PUBLAWS
or equipment.
Sec. 890. Pilot program to accelerate contracting and pricing processes.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00190 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1825
SEC. 800. EFFECTIVE DATES; COORDINATION OF AMENDMENTS. 10 USC 3001
note prec.
(a) EFFECTIVE DATES.—
(1) PARTS I AND II.—Parts I and II of this subtitle, and
the redesignations and amendments made by such parts, shall
take effect on February 1, 2019.
(2) PART III.—Part III of this subtitle shall take effect
on the date of the enactment of this Act.
(b) COORDINATION OF AMENDMENTS.—The redesignations and
amendments made by part II of this subtitle shall be executed
before the amendments made by part I of this subtitle.
(c) RULE FOR CERTAIN REDESIGNATIONS.—In the case of a
redesignation specified in part II of this subtitle (1) that is to
be made to a section of subtitle B, C, or D of title 10, United
States Code, for which the current section designation consists
of a four-digit number and a letter, and (2) that is directed to
be made by the addition of a specified number to the current
section designation, the new section designation shall consist of
a new four-digit number and the same letter, with the new four-
digit number being the number that is the sum of the specified
number and the four-digit number in the current section designa-
tion.
Subtitle A—Streamlining of Defense
Acquisition Statutes and Regulations
PART I—CONSOLIDATION OF DEFENSE ACQUI-
SITION STATUTES IN NEW PART V OF SUB-
TITLE A OF TITLE 10, UNITED STATES CODE
SEC. 801. FRAMEWORK FOR NEW PART V OF SUBTITLE A.
(a) IN GENERAL.—Subtitle A of title 10, United States Code,
is amended by adding at the end the following new part:
‘‘PART V—ACQUISITION 10 USC 3001
‘‘Chap. Sec. prec.
‘‘subpart a—general
‘‘201. Definitions .................................................................................................... 3001
‘‘203. General Matters ........................................................................................... 3021
‘‘205. Defense Acquisition System ........................................................................ 3051
‘‘207. Budgeting and Appropriations Matters ..................................................... 3101
‘‘209. Operational Contract Support .................................................................... 3151
‘‘subpart b—acquisition planning
‘‘221. Planning and Solicitation Generally .......................................................... 3201
‘‘223. Planning and Solicitation Relating to Particular Items or Services ........ 3251
‘‘subpart c—contracting methods and contract types
‘‘241. Awarding of Contracts ................................................................................. 3301
‘‘243. Specific Types of Contracts ......................................................................... 3351
‘‘245. Task and Delivery Order Contracts (Multiple Award Contracts) ............ 3401
‘‘247. Acquisition of Commercial Items ................................................................ 3451
‘‘249. Multiyear Contracts ..................................................................................... 3501
‘‘251. Simplified Acquisition Procedures .............................................................. 3551
dkrause on DSKBC28HB2PROD with PUBLAWS
‘‘253. Emergency and Rapid Acquisitions ............................................................ 3601
‘‘255. Contracting With or Through Other Agencies .......................................... 3651
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00191 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1826 PUBLIC LAW 115–232—AUG. 13, 2018
‘‘subpart d—general contracting requirements
‘‘271. Truthful Cost or Pricing Data ..................................................................... 3701
‘‘273. Allowable Costs ............................................................................................ 3741
‘‘275. Proprietary Contractor Data and Technical Data ..................................... 3771
‘‘277. Contract Financing ...................................................................................... 3801
‘‘279. Contractor Audits and Accounting ............................................................. 3841
‘‘281. Claims and Disputes .................................................................................... 3861
‘‘283. Foreign Acquisitions .................................................................................... 3881
‘‘285. Small Business Programs ........................................................................... 3901
‘‘287. Socioeconomic Programs .............................................................................. 3961
‘‘subpart e—special categories of contracting: major defense acquisition programs and major systems
‘‘301. Major Defense Acquisition Programs ......................................................... 4001
‘‘303. Weapon Systems Development and Related Matters ............................... 4071
‘‘305. Other Matters Relating to Major Systems ................................................. 4121
‘‘subpart f—special categories of contracting: research, development, test, and evaluation
‘‘321. Research and Development Generally ....................................................... 4201
‘‘323. Innovation ..................................................................................................... 4301
‘‘325. Department of Defense Laboratories ......................................................... 4351
‘‘327. Research and Development Centers and Facilities ................................... 4401
‘‘329. Operational Test and Evaluation; Developmental Test and Evaluation 4451
‘‘subpart g—other special categories of contracting
‘‘341. Contracting for Performance of Civilian Commercial or Industrial Type
Functions .................................................................................................. 4501
‘‘343. Acquisition of Services ................................................................................. 4541
‘‘345. Acquisition of Information Technology ...................................................... 4571
‘‘subpart h—contract management
‘‘361. Contract Administration ............................................................................. 4601
‘‘363. Prohibitions and Penalties .......................................................................... 4651
‘‘365. Contractor Workforce .................................................................................. 4701
‘‘367. Other Administrative and Miscellaneous Provisions ................................ 4751
‘‘subpart i—defense industrial base
‘‘381. Defense Industrial Base Generally ............................................................. 4801
‘‘383. Loan Guarantee Programs .......................................................................... 4861
‘‘385. Procurement Technical Assistance Cooperative Agreement Program ..... 4881
10 USC 3001 ‘‘Subpart A—General
prec.
10 USC 3001 ‘‘CHAPTER 201—DEFINITIONS
prec.
‘‘§ 3001. øReserved¿
øReserved¿
10 USC 3021 ‘‘CHAPTER 203—GENERAL MATTERS
prec.
‘‘§ 3021. øReserved¿
øReserved¿
10 USC 3051 ‘‘CHAPTER 205—DEFENSE ACQUISITION SYSTEM
prec.
‘‘§ 3051. øReserved¿
øReserved¿
10 USC 3101 ‘‘CHAPTER 207—BUDGETING AND APPROPRIATIONS
prec. MATTERS
‘‘§ 3101. øReserved¿
dkrause on DSKBC28HB2PROD with PUBLAWS
øReserved¿
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00192 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1827
‘‘CHAPTER 209—OPERATIONAL CONTRACT SUPPORT 10 USC 3151
prec.
‘‘§ 3151. øReserved¿
øReserved¿
‘‘Subpart B—Acquisition Planning 10 USC 3201
prec.
‘‘CHAPTER 221—PLANNING AND SOLICITATION 10 USC 3201
GENERALLY prec.
‘‘§ 3201. øReserved¿
øReserved¿
‘‘CHAPTER 223—PLANNING AND SOLICITATION 10 USC 3251
RELATING TO PARTICULAR ITEMS OR SERVICES prec.
‘‘§ 3251. øReserved¿
øReserved¿
‘‘Subpart C—Contracting Methods and Contract 10 USC 3301
prec.
Types
‘‘CHAPTER 241—AWARDING OF CONTRACTS 10 USC 3301
prec.
‘‘§ 3301. øReserved¿
øReserved¿
‘‘CHAPTER 243—SPECIFIC TYPES OF CONTRACTS 10 USC 3351
prec.
‘‘§ 3351. øReserved¿
øReserved¿
‘‘CHAPTER 245—TASK AND DELIVERY ORDER 10 USC 3401
CONTRACTS (MULTIPLE AWARD CONTRACTS) prec.
‘‘§ 3401. øReserved¿
øReserved¿
‘‘CHAPTER 247—ACQUISITION OF COMMERCIAL ITEMS 10 USC 3451
prec.
‘‘§ 3451. øReserved¿
øReserved¿
‘‘CHAPTER 249—MULTIYEAR CONTRACTS 10 USC 3501
prec.
‘‘§ 3501. øReserved¿
øReserved¿
‘‘CHAPTER 251—SIMPLIFIED ACQUISITION 10 USC 3551
PROCEDURES prec.
‘‘§ 3551. øReserved¿
dkrause on DSKBC28HB2PROD with PUBLAWS
øReserved¿
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00193 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1828 PUBLIC LAW 115–232—AUG. 13, 2018
10 USC 3601 ‘‘CHAPTER 253—EMERGENCY AND RAPID ACQUISITIONS
prec.
‘‘§ 3601. øReserved¿
øReserved¿
10 USC 3651 ‘‘CHAPTER 255—CONTRACTING WITH OR THROUGH
prec. OTHER AGENCIES
‘‘§ 3651. øReserved¿
øReserved¿
10 USC 3701 ‘‘Subpart D—General Contracting Requirements
prec.
10 USC 3701 ‘‘CHAPTER 271—TRUTHFUL COST OR PRICING DATA
prec.
‘‘§ 3701. øReserved¿
øReserved¿
10 USC 3741 ‘‘CHAPTER 273—ALLOWABLE COSTS
prec.
‘‘§ 3741. øReserved¿
øReserved¿
10 USC 3771 ‘‘CHAPTER 275—PROPRIETARY CONTRACTOR DATA AND
prec. TECHNICAL DATA
‘‘§ 3771. øReserved¿
øReserved¿
10 USC 3801 ‘‘CHAPTER 277—CONTRACT FINANCING
prec.
‘‘§ 3801. øReserved¿
øReserved¿
10 USC 3841 ‘‘CHAPTER 279—CONTRACTOR AUDITS AND
prec. ACCOUNTING
‘‘§ 3841. øReserved¿
øReserved¿
10 USC 3861 ‘‘CHAPTER 281—CLAIMS AND DISPUTES
prec.
‘‘§ 3861. øReserved¿
øReserved¿
10 USC 3881 ‘‘CHAPTER 283—FOREIGN ACQUISITIONS
prec.
‘‘§ 3881. øReserved¿
øReserved¿
10 USC 3901 ‘‘CHAPTER 285—SMALL BUSINESS PROGRAMS
prec.
‘‘§ 3901. øReserved¿
dkrause on DSKBC28HB2PROD with PUBLAWS
øReserved¿
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00194 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1829
‘‘CHAPTER 287—SOCIOECONOMIC PROGRAMS 10 USC 3961
prec.
‘‘§ 3961. øReserved¿
øReserved¿
‘‘Subpart E—Special Categories of Contracting: 10 USC 4001
prec.
Major Defense Acquisition Programs and Major
Systems
‘‘CHAPTER 301—MAJOR DEFENSE ACQUISITION 10 USC 4001
PROGRAMS prec.
‘‘§ 4001. øReserved¿
øReserved¿
‘‘CHAPTER 303—WEAPON SYSTEMS DEVELOPMENT AND 10 USC 4071
RELATED MATTERS prec.
‘‘§ 4071. øReserved¿
øReserved¿
‘‘CHAPTER 305—OTHER MATTERS RELATING TO MAJOR 10 USC 4121
SYSTEMS prec.
‘‘§ 4121. øReserved¿
øReserved¿
‘‘Subpart F—Special Categories of Contracting: 10 USC 4201
prec.
Research, Development, Test, and Evaluation
‘‘CHAPTER 321—RESEARCH AND DEVELOPMENT 10 USC 4201
GENERALLY prec.
‘‘§ 4201. øReserved¿
øReserved¿
‘‘CHAPTER 323—INNOVATION 10 USC 4301
prec.
‘‘§ 4301. øReserved¿
øReserved¿
‘‘CHAPTER 325—DEPARTMENT OF DEFENSE 10 USC 4351
LABORATORIES prec.
‘‘§ 4351. øReserved¿
øReserved¿
‘‘CHAPTER 327—RESEARCH AND DEVELOPMENT 10 USC 4401
CENTERS AND FACILITIES prec.
‘‘§ 4401. øReserved¿
dkrause on DSKBC28HB2PROD with PUBLAWS
øReserved¿
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00195 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1830 PUBLIC LAW 115–232—AUG. 13, 2018
10 USC 4451 ‘‘CHAPTER 329—OPERATIONAL TEST AND EVALUATION;
prec. DEVELOPMENTAL TEST AND EVALUATION
‘‘§ 4451. øReserved¿
øReserved¿
10 USC 4501 ‘‘Subpart G—Other Special Categories Of
prec.
Contracting
10 USC 4501 ‘‘CHAPTER 341—CONTRACTING FOR PERFORMANCE OF
prec. CIVILIAN COMMERCIAL OR INDUSTRIAL TYPE FUNC-
TIONS
‘‘§ 4501. øReserved¿
øReserved¿
10 USC 4541 ‘‘CHAPTER 343—ACQUISITION OF SERVICES
prec.
‘‘§ 4541. øReserved¿
øReserved¿
10 USC 4571 ‘‘CHAPTER 345—ACQUISITION OF INFORMATION
prec. TECHNOLOGY
‘‘§ 4571. øReserved¿
øReserved¿
10 USC 4601 ‘‘Subpart H—Contract Management
prec.
10 USC 4601 ‘‘CHAPTER 361—CONTRACT ADMINISTRATION
prec.
‘‘§ 4601. øReserved¿
øReserved¿
10 USC 4651 ‘‘CHAPTER 363—PROHIBITIONS AND PENALTIES
prec.
‘‘§ 4651. øReserved¿
øReserved¿
10 USC 4701 ‘‘CHAPTER 365—CONTRACTOR WORKFORCE
prec.
‘‘§ 4701. øReserved¿
øReserved¿
10 USC 4751 ‘‘CHAPTER 367—OTHER ADMINISTRATIVE AND
prec. MISCELLANEOUS PROVISIONS
‘‘§ 4751. øReserved¿
dkrause on DSKBC28HB2PROD with PUBLAWS
øReserved¿
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00196 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1831
‘‘Subpart I—Defense Industrial Base 10 USC 4801
prec.
‘‘CHAPTER 381—DEFENSE INDUSTRIAL BASE 10 USC 4801
GENERALLY prec.
‘‘§ 4801. øReserved¿
øReserved¿
‘‘CHAPTER 383—LOAN GUARANTEE PROGRAMS 10 USC 4861
prec.
‘‘§ 4861. øReserved¿
øReserved¿
‘‘CHAPTER 385—PROCUREMENT TECHNICAL 10 USC 4881
ASSISTANCE COOPERATIVE AGREEMENT PROGRAM prec.
‘‘§ 4881. øReserved¿
‘‘øReserved¿’’.
(b) TABLE OF CHAPTERS AMENDMENT.—The table of chapters
at the beginning of subtitle A is amended by adding at the end 10 USC 101 prec.
the following new items:
‘‘Part V—ACQUISITION
‘‘subpart a—general
‘‘201. Definitions .................................................................................................... 3001
‘‘203. General Matters ........................................................................................... 3021
‘‘205. Defense Acquisition System ........................................................................ 3051
‘‘207. Budgeting and Appropriations Matters ..................................................... 3101
‘‘209. Operational Contract Support .................................................................... 3151
‘‘subpart b—acquisition planning
‘‘221. Planning and Solicitation Generally .......................................................... 3201
‘‘223. Planning and Solicitation Relating to Particular Items or Services ........ 3251
‘‘subpart c—contracting methods and contract types
‘‘241. Awarding of Contracts ................................................................................. 3301
‘‘243. Specific Types of Contracts ......................................................................... 3351
‘‘245. Task and Delivery Order Contracts (Multiple Award Contracts) ............ 3401
‘‘247. Acquisition of Commercial Items ................................................................ 3451
‘‘249. Multiyear Contracts ..................................................................................... 3501
‘‘251. Simplified Acquisition Procedures .............................................................. 3551
‘‘253. Emergency and Rapid Acquisitions ............................................................ 3601
‘‘255. Contracting With or Through Other Agencies .......................................... 3651
‘‘subpart d—general contracting requirements
‘‘271. Truthful Cost or Pricing Data ..................................................................... 3701
‘‘273. Allowable Costs ............................................................................................ 3741
‘‘275. Proprietary Contractor Data and Technical Data ..................................... 3771
‘‘277. Contract Financing ...................................................................................... 3801
‘‘279. Contractor Audits and Accounting ............................................................. 3841
‘‘281. Claims and Disputes .................................................................................... 3861
‘‘283. Foreign Acquisitions .................................................................................... 3881
‘‘285. Small Business Programs ........................................................................... 3901
‘‘287. Socioeconomic Programs .............................................................................. 3961
‘‘subpart e—special categories of contracting: major defense acquisition programs and major systems
‘‘301. Major Defense Acquisition Programs ......................................................... 4001
‘‘303. Weapon Systems Development and Related Matters ............................... 4071
‘‘305. Other Matters Relating to Major Systems ................................................. 4121
‘‘subpart f—special categories of contracting: research, development, test, and evaluation
dkrause on DSKBC28HB2PROD with PUBLAWS
‘‘321. Research and Development Generally ....................................................... 4201
‘‘323. Innovation ..................................................................................................... 4301
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00197 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1832 PUBLIC LAW 115–232—AUG. 13, 2018
‘‘325. Department of Defense Laboratories ......................................................... 4351
‘‘327. Research and Development Centers and Facilities ................................... 4401
‘‘329. Operational Test and Evaluation; Developmental Test and Evaluation 4451
‘‘subpart g—other special categories of contracting
‘‘341. Contracting for Performance of Civilian Commercial or Industrial Type
Functions .................................................................................................. 4501
‘‘343. Acquisition of Services ................................................................................. 4541
‘‘345. Acquisition of Information Technology ...................................................... 4571
‘‘subpart h—contract management
‘‘361. Contract Administration ............................................................................. 4601
‘‘363. Prohibitions and Penalties .......................................................................... 4651
‘‘365. Contractor Workforce .................................................................................. 4701
‘‘367. Other Administrative and Miscellaneous Provisions ................................ 4751
‘‘subpart i—defense industrial base
‘‘381. Defense Industrial Base Generally ............................................................. 4801
‘‘383. Loan Guarantee Programs .......................................................................... 4861
‘‘385. Procurement Technical Assistance Cooperative Agreement Program ..... 4881’’.
PART II—REDESIGNATION OF SECTIONS AND
CHAPTERS OF SUBTITLES B, C, AND D TO
PROVIDE ROOM FOR NEW PART V OF SUB-
TITLE A
SEC. 806. REDESIGNATION OF SECTIONS AND CHAPTERS OF SUBTITLE
D OF TITLE 10, UNITED STATES CODE—AIR FORCE.
(a) SUBTITLE D, PART III, SECTION NUMBERS.—The sections
in part III of subtitle D of title 10, United States Code, are redesig-
nated as follows:
10 USC (1) CHAPTER 909.—Each section in chapter 909 is redesig-
9481–9498. nated so that the number of the section, as redesignated, is
the number equal to the previous number plus 50.
10 USC (2) CHAPTER 907.—Each section in chapter 907 is redesig-
9481–9484, 9487. nated so that the number of the section, as redesignated, is
the number equal to the previous number plus 70.
(3) CHAPTERS 901 AND 903.—Each section in chapter 901
10 USC and chapter 903 is redesignated so that the number of the
9401–9406, section, as redesignated, is the number equal to the previous
9414–9415, number plus 100.
9417, 9419, 9420,
9431–9436, (b) SUBTITLE D, PART II, SECTION NUMBERS.—The sections
9438, 9441–9443, in part II of such subtitle are redesignated as follows:
9446–9457, (1) CHAPTER 831.—Section 8210 is redesignated as section
9459–9462. 9110.
(2) CHAPTER 833.—Sections 8251, 8252, 8257, and 8258
are redesignated as sections 9131, 9132, 9137, and 9138, respec-
tively.
(3) CHAPTER 835.—Sections 8281 and 8310 are redesignated
as sections 9151 and 9160, respectively.
(4) CHAPTER 839.—Section 8446 is redesignated as section
9176.
(5) CHAPTER 841.—Sections 8491 and 8503 are redesignated
as sections 9191 and 9203, respectively.
(6) CHAPTER 843.—Sections 8547 and 8548 are redesignated
as sections 9217 and 9218, respectively.
(7) CHAPTER 845.—Sections 8572, 8575, 8579, 8581, and
dkrause on DSKBC28HB2PROD with PUBLAWS
8583 are redesignated as sections 9222, 9225, 9229, 9231, and
9233, respectively.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00198 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1833
(8) CHAPTER 849.—Section 8639 is redesignated as section
9239.
(9) CHAPTER 853.—Sections 8681, 8684, and 8691 are
redesignated as sections 9251, 9252, and 9253, respectively.
(10) CHAPTER 855.—Section 8723 is redesignated as section
9263.
(11) CHAPTER 857.—Each section in chapter 857 is redesig-
nated so that the number of the section, as redesignated, is
the number equal to the previous number plus 530.
(12) CHAPTER 861.—Section 8817 is redesignated as section
9307.
(13) CHAPTER 867.—Each section in chapter 867 is redesig-
nated so that the number of the section, as redesignated, is
the number equal to the previous number plus 400.
(14) CHAPTER 869.—Sections 8961, 8962, 8963, 8964, 8965,
and 8966 are redesignated as sections 9341, 9342, 9343, 9344,
9345, and 9346, respectively.
(15) CHAPTER 871.—Sections 8991 and 8992 are redesig-
nated as sections 9361 and 9362, respectively.
(16) CHAPTER 873.—Sections 9021, 9025, and 9027 are
redesignated as sections 9371, 9375, and 9377, respectively.
(17) CHAPTER 875.—Section 9061 is redesignated as section
9381.
(c) SUBTITLE D, PART I, SECTION NUMBERS.—Each section in 10 USC 9511
part I of such subtitle is redesignated so that the number of the prec., 9531 prec.,
9561 prec., 9591
section, as redesignated, is the number equal to the previous prec., 9621 prec.,
number plus 1,000. 9651 prec., 9681
(d) SUBTITLE D CHAPTER NUMBERS.— prec., 9711 prec.,
(1) PART IV CHAPTER NUMBERS.—Each chapter in part IV 9741 prec., 9771
prec., 9801 prec.,
of such subtitle is redesignated so that the number of the 9831 prec.
chapter, as redesignated, is the number equal to the previous 10 USC 9401
number plus 30. prec., 9431 prec.,
(2) PART III CHAPTER NUMBERS.—Each chapter in part III 9481 prec., 9491
prec.
of such subtitle is redesignated so that the number of the 10 USC 9110
chapter, as redesignated, is the number equal to the previous prec., 9131 prec.,
number plus 50. 9151 prec., 9176
(3) PART II CHAPTER NUMBERS.— prec., 9191 prec.,
9217 prec., 9222
(A) IN GENERAL.—Except as provided in subparagraph prec., 9239 prec.,
(B), each chapter in part II of such subtitle is redesignated 9251 prec., 9263
so that the number of the chapter, as redesignated, is prec., 9271 prec.
the number equal to the previous number plus 80. 10 USC 9307
(B) OTHER CHAPTERS.— prec.
(i) Chapter 861 is redesignated as chapter 939. 10 USC 9311
(ii) Chapters 867, 869, 871, 873, and 875 are each prec., 9341 prec.,
9361 prec., 9371
redesignated so that the number of the chapter, as prec., 9381 prec.
redesignated, is the number equal to the previous 10 USC 9011
number plus 74. prec., 9011 prec.,
(4) PART I CHAPTER NUMBERS.—Each chapter in part I 9031 prec., 9061
prec.
of such subtitle is redesignated so that the number of the 10 USC 9011
chapter, as redesignated, is the number equal to the previous prec., 9031 prec.,
number plus 100. 9061 prec., 9110
(e) SUBTITLE D TABLES OF SECTIONS AND TABLES OF CHAP- prec., 9131 prec.,
TERS.—
9151 prec., 9176
prec., 9191 prec.,
(1) TABLES OF SECTIONS.—The tables of sections at the 9217 prec., 9222
beginning of the chapters of such subtitle are revised so as prec., 9239 prec.,
dkrause on DSKBC28HB2PROD with PUBLAWS
to conform the section references in those tables to the redes- 9251 prec., 9263
ignations made by subsections (a), (b), and (c). prec., 9271 prec.,
9307 prec., 9311
prec., 9341 prec.,
9361 prec., 9371
prec., 9381 prec.,
9401 prec., 9431
prec., 9481 prec.,
9491 prec.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00199 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1834 PUBLIC LAW 115–232—AUG. 13, 2018
10 USC 9011 (2) TABLES OF CHAPTERS.—The table of chapters at the
prec., 9110 prec., beginning of such subtitle, and the tables of chapters at the
9401 prec., 9511
prec. beginning of each part of such subtitle, are revised so as to
conform the chapter references and section references in those
tables to the redesignations made by this section.
SEC. 807. REDESIGNATION OF SECTIONS AND CHAPTERS OF SUBTITLE
C OF TITLE 10, UNITED STATES CODE—NAVY AND MARINE
CORPS.
(a) SUBTITLE C, PART I, SECTION NUMBERS.—
(1) IN GENERAL.—Except as provided in paragraph (2), each
section in part I of subtitle C of title 10, United States Code,
10 USC 8001, is redesignated so that the number of the section, as redesig-
8011–8020, nated, is the number equal to the previous number plus 3,000.
8022–8028,
8031–8033, (2) CHAPTER 513.—For sections in chapter 513, each section
8035–8038, is redesignated so that the number of the section, as redesig-
8041–8047, nated, is the number equal to the previous number plus 2,940.
8061–8063. (b) SUBTITLE C, PART II, SECTION NUMBERS.—The sections in
10 USC 8071,
8072; 8075; 8077, part II of such subtitle are redesignated as follows:
8078, 8079, 8081, (1) CHAPTER 533.—Sections 5441, 5450, and 5451 are
8082, 8082a, redesignated as sections 8101, 8102, and 8103, respectively.
8083, 8084, 8088, (2) CHAPTER 535.—Sections 5501, 5502, 5503, and 5508
8089, 8090.
are redesignated as sections 8111, 8112, 8113, and 8118, respec-
tively.
(3) CHAPTER 537.—Section 5540 is redesignated as section
8120.
(4) CHAPTER 539.—Sections 5582, 5585, 5587, 5587a, 5589,
and 5596 are redesignated as sections 8132, 8135, 8137, 8138,
8139, and 8146, respectively.
10 USC (5) CHAPTER 551.—Each section in chapter 551 is redesig-
8162–8169, 8171, nated so that the number of the section, as redesignated, is
8172. the number equal to the previous number plus 2,220.
(6) CHAPTER 553.—Sections 5983, 5985, and 5986 are
redesignated as sections 8183, 8185, and 8186, respectively.
(7) CHAPTER 555.—The sections in chapter 555 are redesig-
nated as follows:
Section Redesignated Section
6011 8211
6012 8212
6013 8213
6014 8214
6019 8215
6021 8216
dkrause on DSKBC28HB2PROD with PUBLAWS
6022 8217
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00200 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1835
Section Redesignated Section
6024 8218
6027 8219
6029 8220
6031 8221
6032 8222
6035 8225
6036 8226
(8) CHAPTER 557.—Each section in chapter 557 is redesig- 10 USC
nated so that the number of the section, as redesignated, is 8241–8247.
the number equal to the previous number plus 2,160.
(9) CHAPTER 559.—Section 6113 is redesignated as section
8253.
(10) CHAPTER 561.—The sections in chapter 561 are redesig-
nated as follows:
Section Redesignated Section
6141 8261
6151 8262
6152 8263
6153 8264
6154 8265
6155 8266
6156 8267
6160 8270
6161 8271
(11) CHAPTER 563.—Sections 6201, 6202, and 6203 are
redesignated as sections 8281, 8282, and 8283, respectively.
dkrause on DSKBC28HB2PROD with PUBLAWS
(12) CHAPTER 565.—Sections 6221 and 6222 are redesig-
nated as sections 8286 and 8287, respectively.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00201 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1836 PUBLIC LAW 115–232—AUG. 13, 2018
10 USC (13) CHAPTER 567.—Each section in chapter 567 is redesig-
8291–8308. nated so that the number of the section, as redesignated, is
the number equal to the previous number plus 2,050.
(14) CHAPTER 569.—Section 6292 is redesignated as section
8317.
10 USC (15) CHAPTER 571.—Each section in chapter 571 is redesig-
8321–8336. nated so that the number of the section, as redesignated, is
the number equal to the previous number plus 2,000.
(16) CHAPTER 573.—Sections 6371, 6383, 6389, 6404, and
6408 are redesignated as sections 8371, 8372, 8373, 8374, and
8375, respectively.
(17) CHAPTER 575.—Sections 6483, 6484, 6485, and 6486
are redesignated as sections 8383, 8384, 8385, and 8386, respec-
tively.
(18) CHAPTER 577.—Section 6522 is redesignated as section
8392.
(c) SUBTITLE C, PART III, SECTION NUMBERS.—
(1) IN GENERAL.—Except as provided in paragraph (2), each
10 USC section in part III of such subtitle is redesignated so that
8411–8413, 8415, the number of the section, as redesignated, is the number
8431, 8451–8456,
8458–8481,
equal to the previous number plus 1,500.
8541–8550, (2) CHAPTER 609.—Sections 7101, 7102, 7103, and 7104
8581–8588. are redesignated as sections 8591, 8592, 8593, and 8594, respec-
tively.
(d) SUBTITLE C, PART IV, SECTION NUMBERS.—The sections
in part IV of such subtitle are redesignated as follows:
10 USC 8604, (1) CHAPTER 631.—Each section in chapter 631 is redesig-
8605, 8607, 8611, nated so that the number of the section, as redesignated, is
8612, 8614, 8616,
8619–8629, 8631,
the number equal to the previous number plus 1,400.
8633–8635. (2) CHAPTER 633.—Each section in chapter 633 is redesig-
10 USC nated so that the number of the section, as redesignated, is
8661–8664, 8667, the number equal to the previous number plus 1,370.
8669–8671,
8673–8690. (3) CHAPTER 637.—Sections 7361, 7362, 7363, and 7364
are redesignated as sections 8701, 8702, 8703, and 8704, respec-
tively.
(4) CHAPTER 639.—Sections 7395 and 7396 are redesignated
as sections 8715 and 8716, respectively.
10 USC (5) CHAPTER 641.—Each section in chapter 641 is redesig-
8720–8725, nated so that the number of the section, as redesignated, is
8727–8733,
8735–8739.
the number equal to the previous number plus 1,300.
(6) CHAPTER 643.—Sections 7472, 7473, 7476, 7477, 7478,
7479, 7479a, and 7480 are redesignated as sections 8742, 8743,
8746, 8747, 8748, 8749, 8749a, and 8750, respectively.
(7) CHAPTER 645.—Sections 7522, 7523, and 7524 are
redesignated as sections 8752, 8753, and 8754, respectively.
(8) CHAPTER 647.—The sections in chapter 647 are redesig-
nated as follows:
Section Redesignated Section
7541 8761
dkrause on DSKBC28HB2PROD with PUBLAWS
7541a 8761a
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00202 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1837
Section Redesignated Section
7541b 8761b
7542 8762
7543 8763
7544 8764
7545 8765
7546 8766
7547 8767
(9) CHAPTERS 649, 651, 653, AND 655.—Each section in chap-
ters 649, 651, 653, and 655 is redesignated so that the number 10 USC
of the section, as redesignated, is the number equal to the 8771–8773, 8776,
previous number plus 1,200. 8777, 8779–8782,
8801–8806,
(10) CHAPTER 657.—Each section in chapter 657 is redesig- 8821–8823,
nated so that the number of the section, as redesignated, is 8851–8881.
the number equal to the previous number plus 1,170. 10 USC
8891–8900.
(11) CHAPTER 659.—Sections 7851, 7852, 7853, and 7854
are redesignated as sections 8901, 8902, 8903, and 8904, respec-
tively.
(12) CHAPTER 661.—Sections 7861, 7862, and 7863 are
redesignated as sections 8911, 8912, and 8913, respectively.
(13) CHAPTER 663.—Section 7881 is redesignated as section
8921.
(14) CHAPTER 665.—Sections 7901, 7902, and 7903 are
redesignated as sections 8931, 8932, and 8933, respectively.
(15) CHAPTER 667.—Sections 7912 and 7913 are redesig-
nated as sections 8942 and 8943, respectively.
(16) CHAPTER 669.—Section 7921 is redesignated as section
8951.
(e) SUBTITLE C CHAPTER NUMBERS.—
(1) PART I CHAPTER NUMBERS.—Each chapter in part I
of such subtitle is redesignated so that the number of the 10 USC 8001
chapter, as redesignated, is the number equal to the previous prec., 8011 prec.,
number plus 300, except that chapter 513 is redesignated as 8031 prec., 8041
prec., 8061 prec.,
chapter 809. 8071 prec.
(2) PART II CHAPTER NUMBERS.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), each chapter in part II of such subtitle is redesignated 10 USC 8162
so that the number of the chapter, as redesignated, is prec., 8183 prec.,
the number equal to the previous number plus 270. 8211 prec., 8241
prec., 8253 prec.,
(B) OTHER CHAPTERS.—Chapter 533 is redesignated 8261 prec., 8281
as chapter 811, chapter 535 is redesignated as chapter prec., 8286 prec.,
812, chapter 537 is redesignated as chapter 813, and 8291 prec., 8317
chapter 539 is redesignated as chapter 815. prec., 8321 prec.,
8371 prec., 8383
dkrause on DSKBC28HB2PROD with PUBLAWS
(3) PART III CHAPTER NUMBERS.—Each chapter in part III prec., 8392 prec.
of such subtitle is redesignated so that the number of the 10 USC 8411
prec., 8431 prec.,
8451 prec., 8541
prec., 8581 prec.,
8591 prec.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00203 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1838 PUBLIC LAW 115–232—AUG. 13, 2018
chapter, as redesignated, is the number equal to the previous
number plus 250.
(4) PART IV CHAPTER NUMBERS.—Each chapter in part IV
10 USC 8604 of such subtitle is redesignated so that the number of the
prec., 8661 prec., chapter, as redesignated, is the number equal to the previous
8701 prec., 8715
prec., 8720 prec.,
number plus 228, except that chapter 631 is redesignated as
8742 prec., 8752 chapter 861 and chapter 633 is redesignated as chapter 863.
prec., 8761 prec., (f) SUBTITLE C TABLES OF SECTIONS AND TABLES OF CHAP-
8771 prec., 8801 TERS.—
prec., 8821 prec.,
8851 prec., 8891
(1) TABLES OF SECTIONS.—The table of sections at the begin-
prec., 8901 prec., ning of each chapter of such subtitle is revised so as to conform
8911 prec., 8921 the section references in the table to the redesignations made
prec., 8931 prec., by subsections (a), (b), (c), and (d).
8942 prec., 8951
prec. (2) TABLES OF CHAPTERS.—The table of chapters at the
10 USC 8001 beginning of such subtitle, and the tables of chapters at the
prec., 8011 prec., beginning of each part of such subtitle, are revised so as to
8031 prec., 8041 conform the chapter references and section references in those
prec., 8061 prec.,
8071 prec., 8101 tables to the redesignations made by this section.
prec., 8111 prec.,
8120 prec., 8132 SEC. 808. REDESIGNATION OF SECTIONS AND CHAPTERS OF SUBTITLE
prec., 8162 prec., B OF TITLE 10, UNITED STATES CODE—ARMY.
8183 prec., 8211
prec., 8241 prec., (a) SUBTITLE B, PART I, SECTION NUMBERS.—Each section in
8253 prec., 8261 part I of subtitle B of title 10, United States Code, is redesignated
prec., 8281 prec., so that the number of the section, as redesignated, is the number
8286 prec., 8291 equal to the previous number plus 4,000.
prec., 8317 prec.,
8321 prec., 8371 (b) SUBTITLE B, PART II, SECTION NUMBERS.—The sections in
prec., 8383 prec., part II of such subtitle are redesignated as follows:
8392 prec., 8411 (1) CHAPTER 331.—Sections 3201 and 3210 are redesignated
prec., 8431 prec., as sections 7101 and 7110, respectively.
8451 prec., 8541
prec., 8581 prec., (2) CHAPTER 333.—Sections 3251, 3258, and 3262 are
8591 prec., 8604 redesignated as sections 7131, 7138, and 7142, respectively.
prec., 8661 prec., (3) CHAPTER 335.—Sections 3281, 3282, and 3283 are
8701 prec., 8715 redesignated as sections 7151, 7152, and 7153, respectively.
prec., 8720 prec.,
8742 prec., 8752 (4) CHAPTER 339.—Section 3446 is redesignated as sections
prec., 8761 prec., 7176.
8771 prec., 8801 (5) CHAPTER 341.—Sections 3491 and 3503 are redesignated
prec., 8821 prec., as sections 7191 and 7203, respectively.
8851 prec., 8891
prec., 8901 prec., (6) CHAPTER 343.—Sections 3533, 3534, 3536, 3547 and
8911 prec., 8921 3548 are redesignated as sections 7213, 7214, 7216, 7217, and
prec., 8931 prec., 7218, respectively.
8942 prec., 8951 (7) CHAPTER 345.—Sections 3572, 3575, 3579, 3581, and
prec.
10 USC 8001 3583 are redesignated as sections 7222, 7225, 7229, 7231, and
prec., 8101 prec., 7233, respectively.
8411 prec., 8604 (8) CHAPTER 349.—Section 3639 is redesignated as section
prec. 7239.
10 USC 7001,
7011–7024, (9) CHAPTER 353.—Sections 3681, 3684, and 3691 are
7031–7038, redesignated as sections 7251, 7252, and 7253, respectively.
7061–7065, (10) CHAPTER 355.—Section 3723 is redesignated as section
7067–7070, 7263.
7032–7035, 7081,
7083, 7084.
(11) CHAPTER 357.—Each section in chapter 357 is redesig-
10 USC nated so that the number of the section, as redesignated, is
7271–7286. the number equal to the previous number plus 3,530.
10 USC 7311, (12) CHAPTER 367.—Each section in chapter 367 is redesig-
dkrause on DSKBC28HB2PROD with PUBLAWS
7314, 7317, 7318, nated so that the number of the section, as redesignated, is
7320, 7321, the number equal to the previous number plus 3,400.
7324–7326, 7329.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00204 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1839
(13) CHAPTER 369.—Sections 3961, 3962, 3963, 3964, 3965,
and 3966 are redesignated as sections 7341, 7342, 7343, 7344,
7345, and 7346, respectively.
(14) CHAPTER 371.—Sections 3991 and 3992 are redesig-
nated as sections 7361 and 7362, respectively.
(15) CHAPTER 373.—Sections 4021, 4024, 4025, and 4027
are redesignated as sections 7371, 7374, 7375, and 7377, respec-
tively.
(16) CHAPTER 375.—Section 4061 is redesignated as section
7381.
(c) SUBTITLE B, PART III, SECTION NUMBERS.—
(1) IN GENERAL.—Except as provided in paragraph (2), each
section in part III of such subtitle is redesignated so that 10 USC
the number of the section, as redesignated, is the number 7401–7403, 7406,
equal to the previous number plus 3,100. 7409, 7414, 7415,
7417–7421,
(2) CHAPTER 407.—Each section in chapter 407 is redesig- 7431–7438,
nated so that the number of the section, as redesignated, is 7440–7443,
the number equal to the previous number plus 3,070. 7446–7462.
(d) SUBTITLE B, PART IV, SECTION NUMBERS.—Each section 10 USC
7481–7484, 7486,
in part IV of such subtitle is redesignated so that the number 7487.
of the section, as redesignated, is the number equal to the previous 10 USC 7532,
number plus 3,000. 7536, 7540–7544,
(e) SUBTITLE B CHAPTER NUMBERS.— 7551–7555,
7561–7565,
(1) PART I CHAPTER NUMBERS.—Each chapter in part I 7591–7595, 7621,
of such subtitle is redesignated so that the number of the 7622, 7624–7629,
chapter, as redesignated, is the number equal to the previous 7652–7657,
number plus 400. 7682–7690, 7712,
7714, 7721–7727,
(2) PART II CHAPTER NUMBERS.— 7749, 7771, 7772,
(A) IN GENERAL.—Except as provided in subparagraph 7776–7781,
(B), each chapter in part II of such subtitle is redesignated 7801–7804, 7806,
so that the number of the chapter, as redesignated, is 7831, 7837–7842.
the number equal to the previous number plus 380.
(B) OTHER CHAPTERS.—Chapters 367, 369, 371, 373,
and 375 are each redesignated so that the number of the
chapter, as redesignated, is the number equal to the pre-
vious number plus 374.
(3) PART III CHAPTER NUMBERS.—Each chapter in part III
of such subtitle is redesignated so that the number of the 10 USC 7401
chapter, as redesignated, is the number equal to the previous prec., 7431 prec.,
7481 prec.
number plus 350.
(4) PART IV CHAPTER NUMBERS.—Each chapter in part IV
of such subtitle is redesignated so that the number of the 10 USC 7532
chapter, as redesignated, is the number equal to the previous prec., 7551 prec.,
7561 prec., 7591
number plus 330. prec., 7621 prec.,
(f) SUBTITLE B TABLES OF SECTIONS AND TABLES OF CHAP- 7652 prec., 7682
TERS.— prec., 7712 prec.,
* (1) TABLES OF SECTIONS.—The table of sections at the begin- 7721 prec., 7749
prec., 7771 prec.,
ning of each chapter of such subtitle is revised so as to conform 7801 prec., 7831
the section references in the table to the redesignations made prec.
by subsections (a), (b), (c), and (d).
(2) TABLES OF CHAPTERS.—The table of chapters at the
beginning of such subtitle, and the tables of chapters at the
beginning of each part of such subtitle, are revised so as to 10 USC 7001
conform the chapter references and section references in those prec., 7101 prec.,
7401 prec., 7532
tables to the redesignations made by this section. prec.
dkrause on DSKBC28HB2PROD with PUBLAWS
* Note: Classifications for section 808(f)(1): 10 USC 7001 prec., 7011 prec., 7031 prec., 7061
prec., 7101 prec., 7131 prec., 7151 prec., 7176 prec., 7191 prec., 7213 prec., 7222 prec., 7239
prec., 7251 prec., 7263 prec., 7271 prec., 7311 prec., 7341 prec., 7361 prec., 7371 prec., 7381
prec., 7401 prec., 7431 prec., 7481 prec., 7532 prec., 7551 prec., 7561 prec., 7591 prec., 7621
prec., 7652 prec., 7682 prec., 7712 prec., 7721 prec., 7749 prec., 7771 prec., 7801 prec., 7831 prec.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00205 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1840 PUBLIC LAW 115–232—AUG. 13, 2018
SEC. 809. CROSS REFERENCES TO REDESIGNATED SECTIONS AND
CHAPTERS.
(a) TITLE 10, UNITED STATES CODE.—Each provision of title
10, United States Code (including the table of subtitles preceding
subtitle A), that contains a reference to a section or chapter redesig-
10 USC 101 nated by this part is amended so that the reference refers to
prec., 125, 162, the number of the section or chapter as redesignated.
347, 532, 616,
624, 631–634, (b) LAWS CLASSIFIED AS TITLE 10, UNITED STATES CODE, NOTE
637–638b, 641, SECTIONS.—
652, 688, 1074h, (1) Section 1111 of the Duncan Hunter National Defense
1134a, 1135, Authorization Act for Fiscal Year 2009 (Public Law 110–417;
1174, 1176, 1370,
1402, 1402a, 10 U.S.C. 143 note) is amended by striking ‘‘sections 143,
1406, 1407, 1409, 194, 3014, 5014, and 8014’’ in subsections (a) and (b) and
1447, 1488, 1552, inserting ‘‘sections 143, 194, 7014, 8014, and 9014’’.
2208, 2218, 2433, (2) Section 4403(b) of the National Defense Authorization
2474, 2522, 2547,
2563, 2575, 2780, Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 1293
7023, 7032, 7033, note) is amended—
7036, 7278, 7282, (A) in paragraph (1)—
7285, 7311, 7314, (i) in subparagraph (A), by striking ‘‘section 3911’’
7317, 7318, 7324,
7325, 7326, 7329, and inserting ‘‘section 7311’’; and
7343, 7345, 7361, (ii) in subparagraph (B), by striking ‘‘section 3914’’
7362, 7433a, and inserting ‘‘section 7314’’;
7442, 7443, (B) in paragraph (2)—
7482–7484, 7629,
7722, 7806, 8023, (i) in subparagraph (A), by striking ‘‘section 6323’’
8027, 8032, 8033, and inserting ‘‘section 8323’’; and
8036, 8037, 8042, (ii) in subparagraph (B), by striking ‘‘section 6330’’
8043, 8083, 8084, and inserting ‘‘section 8330’’; and
8089, 8139, 8146,
8219, 8243, 8286, (C) in paragraph (3)—
8298, 8307, 8323, (i) in subparagraph (A), by striking ‘‘section 8911’’
8325–8327, 8330, and inserting ‘‘section 9311’’; and
8331, 8333, 8335, (ii) in subparagraph (B), by striking ‘‘section 8914’’
8336, 8371, 8372,
8451a, 8454, and inserting ‘‘section 9314’’.
8456, 8458, (3) Section 598(d)(4) of the National Defense Authorization
8470a, 8474, Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 1561
8476, 8481, 8545, note) is amended by striking ‘‘sections 4361, 6980, and 9361’’
8549, 8585–8587,
8675, 8686, 8722, and inserting ‘‘sections 7461, 8480, and 9461’’.
8723, 8725, 8730, (4) Section 549(a)(2)(B) of the National Defense Authoriza-
8731, 8737, 8766, tion Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C.
8855, 8859, 8860, 1580 note prec.) is amended by striking ‘‘section 4348, 6959,
8881, 8892–8894,
8897, 9023, 9032, or 9348’’ and inserting ‘‘section 7448, 8459, or 9448’’.
9033, 9039, 9062, (5) Section 505(b) of the National Defense Authorization
9081, 9229, 9278, Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 3201
9282, 9285, 9311, note) is amended by striking ‘‘section 3201’’ and inserting ‘‘sec-
9314, 9317, 9318,
9324–9326, 9329, tion 7101’’.
9343, 9345, 9361, (6) Section 586(g)(1) of the National Defense Authorization
9362, 9414a, Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 3741
9415, 9417, note) is amended by striking ‘‘section 3744, 6248, or 8744’’
9433a, 9442,
9443, 9482–9484, and inserting ‘‘section 7274, 8296, or 9274’’.
9491m, 9494, (7) Section 2 of Public Law 89–650 (10 U.S.C. 4343 note)
9496, 9498, is amended—
10154, (A) by striking ‘‘sections 4342(b)(1), 6954(b), and
10171–10174,
12009, 9342(b)(1)’’ and inserting ‘‘sections 7442(b)(1), 8454(b), and
12645–12647, 9442(b)(1) of title 10, United States Code,’’; and
12741, 14108, (B) by striking ‘‘sections 4343, 6956, and 9343 of title
dkrause on DSKBC28HB2PROD with PUBLAWS
14311. 10, United States Code’’ and inserting ‘‘sections 7443, 8456,
and 9443 of such title’’.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00206 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1841
(8) Section 323 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 4551
note) is amended by striking ‘‘section 4551(2)’’ and inserting
‘‘section 7551(2)’’.
(9) Section 343 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 4554 note)
is amended by striking ‘‘section 4554(a)(3)(A)’’ and inserting
‘‘section 7554(a)(3)(A)’’.
(10) Section 589(c) of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 7049
note) is amended by striking ‘‘sections 7049(a) and 9314a(a)’’
and inserting ‘‘sections 8549(a) and 9414a(a)’’.
(11) Section 131(d) of the National Defense Authorization
Act for Fiscal Year (Public Law 115–91; 10 U.S.C. 8062 note)
is amended by striking ‘‘section 8062’’ and inserting ‘‘section
9062’’.
(12) Section 2 of Public Law 86–593 (10 U.S.C. 8744 note)
is amended by striking ‘‘sections 8744(a) and 8750(b)’’ and
inserting ‘‘sections 9274(a) and 9280(b)’’.
(c) TITLE 5, UNITED STATES CODE.—
(1) Section 5102(c) of title 5, United States Code, is
amended—
(A) in paragraph (10)—
(i) by striking ‘‘section 1595, 4021, 7478, or 9021
of title 10’’ and inserting ‘‘section 1595, 7371, 8748,
or 9371 of title 10’’;
(ii) by striking ‘‘sections 4338, 6952, and 9338,
respectively, of title 10’’ and inserting ‘‘sections 7438,
8452, and 9438, respectively, of title 10’’;
(iii) by striking ‘‘section 7044 of title 10’’ and
inserting ‘‘section 8544 of title 10’’; and
(iv) by striking ‘‘section 7043 of title 10’’ and
inserting ‘‘section 8543 of title 10’’; and
(B) in paragraph (28), by striking ‘‘section 9314 of
title 10’’ and inserting ‘‘section 9414 of title 10’’.
(2) Section 504(c) of the Department of Defense Authoriza-
tion Act, 1986 (Public Law 99–145; 5 U.S.C. 5102 note), is
amended by striking ‘‘Section 9314(b)(2) of title 10, United
States Code’’ and inserting ‘‘Section 9414(b)(2) of title 10,
United States Code’’.
(3) Section 5514(c) of title 5, United States Code, is
amended by striking ‘‘section 4837(d) or 9837(d) of title 10’’
and inserting ‘‘section 7837(d) or 9837(d) of title 10’’.
(4) Section 8150(b) of title 5, United States Code, is
amended by striking ‘‘section 9441 of title 10’’ and inserting
‘‘section 9491 of title 10’’.
(d) LAWS CLASSIFIED IN TITLE 7, UNITED STATES CODE.—The
7th proviso in the paragraph under the heading ‘‘SALARIES’’ in
the Department of Agriculture Appropriation Act, 1937 (7 U.S.C.
2238), is amended by striking ‘‘the Act of March 3, 1879 (20 Stat.
412)’’ and inserting ‘‘section 7655 of title 10, United States Code’’.
(e) TITLE 18, UNITED STATES CODE.—
(1) Section 704 of title 18, United States Code, is
dkrause on DSKBC28HB2PROD with PUBLAWS
amended—
(A) in subsection (c)(2)—
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00207 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1842 PUBLIC LAW 115–232—AUG. 13, 2018
(i) by striking ‘‘section 3741, 6241, or 8741 of title
10’’ in subparagraph (A) and inserting ‘‘section 7271,
8291, or 9271 of title 10’’;
(ii) by striking ‘‘section 3754, 6256, or 8754 of
title 10’’ in subparagraph (B) and inserting ‘‘section
7284, 8306, or 9284 of title 10’’; and
(iii) by striking ‘‘section 3747, 6253, or 8747 of
title 10’’ in subparagraph (C) and inserting ‘‘section
7277, 8303, or 9277 of title 10’’; and
(B) in subsection (d)(1)—
(i) by striking ‘‘section 3742 of title 10’’ and
inserting ‘‘section 7272 of title 10’’;
(ii) by striking ‘‘section 6242 of title 10’’ and
inserting ‘‘section 8292 of title 10’’;
(iii) by striking ‘‘section 8742 of section 10’’ and
inserting ‘‘section 9272 of title 10’’; and
(iv) by striking ‘‘section 3746, 6244, or 8746 of
title 10’’ and inserting ‘‘section 7276, 8294, or 9276
of title 10’’.
18 USC 921. (2) Section 921(a)(4) of such title is amended by striking
‘‘section 4684(2), 4685, or 4686 of title 10’’ in the matter after
subparagraph (C) and inserting ‘‘section 7684(2), 7685, or 7686
of title 10’’
(3) Section 925(d)(1) of such title is amended by striking
‘‘chapter 401 of title 10’’ and inserting ‘‘chapter 751 of title
10’’.
(f) LAWS CLASSIFIED IN TITLE 22, UNITED STATES CODE.—Sec-
tion 44 of the Arms Export Control Act (22 U.S.C. 2793) is amended
by striking ‘‘section 7307 of title 10 of the United States Code’’
and inserting ‘‘section 8677 of title 10, United States Code’’.
(g) LAWS CLASSIFIED IN TITLE 24, UNITED STATES CODE.—
Section 1520(a) of the Armed Forces Retirement Home Act of 1991
(24 U.S.C. 420(a)) is amended by striking ‘‘sections 4712(f) and
9712(f) of title 10, United States Code’’ in the matter before para-
graph (1) and inserting ‘‘sections 7712(f) and 9712(f) of title 10,
United States Code’’.
(h) LAWS CLASSIFIED IN TITLE 26, UNITED STATES CODE.—
26 USC 170. (1) Section 170(p)(6) of the Internal Revenue Code of 1986
is amended by striking ‘‘section 6973 of title 10, United States
Code’’ and inserting ‘‘section 8473 of title 10, United States
Code’’.
(2) Section 2055(g) of the Internal Revenue Code of 1986
is amended—
(A) in paragraph (4), by striking ‘‘section 7222 of title
10, United States Code’’ and inserting ‘‘section 8622 of
title 10, United States Code’’;
(B) in paragraph (9), by striking ‘‘section 6973 of title
10, United States Code’’ and inserting ‘‘section 8473 of
title 10, United States Code’’; and
(C) in paragraph (10), by striking ‘‘section 6974 of
title 10, United States Code’’ and inserting ‘‘section 8474
of title 10, United States Code’’.
(3) Section 5845(f) of the Internal Revenue Code of 1986
is amended by striking ‘‘section 4684(2), 4685, or 4686 of title
10 of the United States Code’’ and inserting ‘‘section 7684(2),
dkrause on DSKBC28HB2PROD with PUBLAWS
7685, or 7686 of title 10, United States Code’’.
(i) LAWS CLASSIFIED IN TITLE 30, UNITED STATES CODE.—
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00208 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1843
(1) Section 35(a) of the Mineral Leasing Act (30 U.S.C.
191(a)) is amended by striking ‘‘the Act of June 4, 1920 (41
Stat. 813), as amended June 30, 1938 (52 Stat. 1252)’’ before
the period at the end of the first sentence and inserting ‘‘section
8733(b) of title 10, United States Code’’.
(2) Section 4 of the Mineral Leasing Act for Acquired Lands
(30 U.S.C. 353) is amended by striking ‘‘the Act of June 30,
1938 (32 Stat. 1252), amending the Act of June 4, 1920 (41
Stat. 813)’’ before the period at the end and inserting ‘‘chapter
869 of title 10, United States Code’’.
(j) TITLE 32, UNITED STATES CODE.—Section 113(b)(1)(A) of
title 32, United States Code, is amended by striking ‘‘section 3013(b)
of title 10’’ and inserting ‘‘section 7013(b) of title 10’’.
(k) LAWS CLASSIFIED IN TITLE 33, UNITED STATES CODE.—
(1) Section 902(c)(2) of the Oceans and Human Health
Act (33 U.S.C. 3101(c)(2)) is amended by striking ‘‘(10 U.S.C.
7902(a))’’ and inserting ‘‘(10 U.S.C. 8932(a))’’.
(2) Section 12406(a)(3) of the Federal Ocean Acidification
Research And Monitoring Act of 2009 (33 U.S.C. 3705(a)(3))
is amended by striking ‘‘section 7901 of title 10, United States
Code’’ and inserting ‘‘section 8931 of title 10, United States
Code’’.
(l) TITLE 36, UNITED STATES CODE.—
(1) Section 903(b) of title 36, United States Code, is
amended by striking ‘‘sections 3755, 6257, and 8755 of title
10’’ and inserting ‘‘sections 7285, 8307, and 9285 of title 10’’.
(2) Section 40303(b) of such title is amended by striking
‘‘section 9447 of title 10’’ and inserting ‘‘section 9497 of title
10’’.
(m) TITLE 37, UNITED STATES CODE.—
(1) Section 207(c) of title 37, United States Code, is
amended by striking ‘‘section 6222 of title 10’’ and inserting
‘‘section 8287 of title 10’’.
(2) Section 301a(a)(6)(D) of such title is amended by striking
‘‘section 6911 of title 10’’ and inserting ‘‘section 8411 of title
10’’.
(3) Section 334(h)(4) of such title is amended by striking
‘‘section 6911 of title 10’’ and inserting ‘‘section 8411 of title
10’’.
(4) Section 424(c) of such title is amended by striking
‘‘section 6222 of title 10’’ and inserting ‘‘section 8287 of title
10’’.
(n) TITLE 38, UNITED STATES CODE.—
(1) The following provisions of chapter 17 of title 38, United
States Code, are amended by striking ‘‘section 3741, 6241,
or 8741 of title 10’’ and inserting ‘‘section 7271, 8291, or 9271
of title 10’’:
(A) Section 1705(a)(1).
(B) Section 1710(a)(2)(D).
(C) Section 1710B(c)(2)(D).
(D) Section 1722A(a)(3)(D).
(2) Section 2306(d)(5) of such title is amended by striking
‘‘section 3741, 6241, or 8741 of title 10’’ in subparagraphs
dkrause on DSKBC28HB2PROD with PUBLAWS
(C)(iii) and (D) and inserting ‘‘section 7271, 8291, or 9271
of title 10’’.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00209 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1844 PUBLIC LAW 115–232—AUG. 13, 2018
38 USC 3311. (3) Section 3311(d)(2) of such title is amended by striking
‘‘section 4348, 6959, or 9348 of title 10’’ and inserting ‘‘section
7448, 8459, or 9448 of title 10’’.
(n) LAWS CLASSIFIED IN TITLE 42, UNITED STATES CODE.—
(1) Section 106 of the Naval Petroleum Reserves Production
Act of 1976 (42 U.S.C. 6506) is amended by striking ‘‘section
7430 of title 10, United States Code’’ and inserting ‘‘section
8730 of title 10, United States Code’’.
(2) Section 3022 of the Solid Waste Disposal Act (42 U.S.C.
6939d) is amended—
(A) in subsection (c)(2), by striking ‘‘section 7293 and
sections 7304 through 7308 of title 10, United States Code’’
and inserting ‘‘section 8663 and sections 8674 through 8678
of title 10, United States Code’’; and
(B) in subsection (d), by striking ‘‘section 7311 of title
10, United States Code’’ and inserting ‘‘section 8681 of
title 10, United States Code’’.
(3) The Department of Energy Organization Act is
amended—
(A) in section 307 (42 U.S.C. 7156), by striking ‘‘chapter
641 of title 10, United States Code’’ in the matter before
paragraph (1) and inserting ‘‘chapter 869 of title 10, United
States Code’’; and
(B) in section 625(a) (42 U.S.C. 7235(a)), by striking
‘‘chapter 641 of title 10, United States Code’’ and inserting
‘‘chapter 869 of title 10, United States Code’’.
(4) Section 102(f)(3) of the Uranium Mill Tailings Radiation
Control Act of 1978 (42 U.S.C. 7912(f)(3)) is amended by striking
‘‘(10 U.S.C. 7420 note; Public Law 105–261)’’ in the matter
before subparagraph (A) and inserting ‘‘(10 U.S.C. 8720 note;
Public Law 105–261)’’.
(p) LAWS CLASSIFIED IN TITLE 43, UNITED STATES CODE.—
Section 2(e) of the Alaska Native Claims Settlement Act (43 U.S.C.
1601(e)) is amended by striking ‘‘sections 7421 through 7438 of
title 10 of the United States Code’’ and inserting ‘‘sections 8721
through 8738 of title 10, United States Code,’’.
(q) TITLE 46, UNITED STATES CODE.—Section 57100(d)(1) of
title 46, United States Code, is amended by striking ‘‘section 7310
of title 10, United States Code,’’ and inserting ‘‘section 8680 of
title 10’’.
(r) LAWS CLASSIFIED IN TITLE 50, UNITED STATES CODE.—
Section 505(a)(2)(B)(i) of the National Security Act of 1947 (50
U.S.C. 3095(a)(2)(B)(i)) is amended by striking ‘‘(including a law
enacted pursuant to section 7307(a) of that title)’’ and inserting
‘‘(including a law enacted pursuant to section 8677(a) of title 10)’’.
(s) TITLE 54, UNITED STATES CODE.—Section 303102 of title
54, United States Code, is amended by striking ‘‘section 7433(b)
of title 10’’ and inserting ‘‘section 8733(b) of title 10’’.
10 USC 7001 (t) DEEMING RULE FOR OTHER REFERENCES.—Any reference
note. in a provision of law (other than a provision amended by this
section) to a section or chapter redesignated by this part shall
be deemed to refer to the section or chapter as so redesignated.
dkrause on DSKBC28HB2PROD with PUBLAWS
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00210 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1845
PART III—REPEALS OF CERTAIN PROVISIONS
OF DEFENSE ACQUISITION LAW
SEC. 811. AMENDMENT TO AND REPEAL OF STATUTORY REQUIRE-
MENTS FOR CERTAIN POSITIONS OR OFFICES IN THE
DEPARTMENT OF DEFENSE.
(a) AMENDMENT RELATING TO DIRECTOR OF CORROSION POLICY
AND OVERSIGHT.—Section 2228(a) of title 10, United States Code,
is amended—
(1) by striking ‘‘, Technology, and Logistics’’ and inserting
‘‘and Sustainment’’ both places it appears; and
(2) by striking ‘‘The Director shall report directly to the
Under Secretary’’ at the end of paragraph (2).
(b) REPEAL OF STATUTORY REQUIREMENT FOR OFFICE OF TECH-
NOLOGY TRANSITION.—
(1) REPEAL.—Section 2515 of title 10, United States Code,
is repealed.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of subchapter III of chapter 148 of such title is 10 USC 2511
amended by striking the item relating to section 2515. prec.
(c) REPEAL OF STATUTORY REQUIREMENT FOR OFFICE FOR FOR-
EIGN DEFENSE CRITICAL TECHNOLOGY MONITORING AND ASSESS-
MENT.—
(1) REPEAL.—Section 2517 of title 10, United States Code,
is repealed.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of subchapter III of chapter 148 of such title is
amended by striking the item relating to section 2517.
(d) REPEAL OF STATUTORY REQUIREMENT FOR DEFENSE LOGIS-
TICS AGENCY ADVOCATE FOR COMPETITION.—
(1) REPEAL.—Section 2318 of title 10, United States Code,
is amended—
(A) by striking subsection (a); and
(B) by striking ‘‘(b)’’ before ‘‘Each advocate’’.
(2) TECHNICAL AMENDMENTS.—Such section is further
amended—
(A) by striking ‘‘advocate for competition of’’ and
inserting ‘‘advocate for competition designated pursuant
to section 1705(a) of title 41 for’’; and
(B) by striking ‘‘a grade GS–16 or above under the
General Schedule (or in a comparable or higher position
under another schedule)’’ and inserting ‘‘in a position classi-
fied above GS–15 pursuant to section 5108 of title 5’’.
(e) REPEAL OF STATUTORY REQUIREMENT FOR DESIGNATION OF
INDIVIDUAL TO SERVE AS PRIMARY LIAISON BETWEEN THE PROCURE-
MENT AND RESEARCH AND DEVELOPMENT ACTIVITIES OF THE UNITED
STATES ARMED FORCES AND THOSE OF THE STATE OF ISRAEL.—
Section 1006 of the National Defense Authorization Act, Fiscal
Year 1989 (Public Law 100–456; 102 Stat. 2040; 10 U.S.C. 133a
note) is repealed.
(f) REPEAL OF STATUTORY REQUIREMENT FOR DESIGNATION OF
SENIOR OFFICIAL TO COORDINATE AND MANAGE HUMAN SYSTEMS
INTEGRATION ACTIVITIES RELATED TO ACQUISITION PROGRAMS.—Sec-
tion 231 of the National Defense Authorization Act for Fiscal Year
dkrause on DSKBC28HB2PROD with PUBLAWS
2008 (Public Law 110–181; 122 Stat. 45; 10 U.S.C. 1701 note)
is amended—
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00211 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1846 PUBLIC LAW 115–232—AUG. 13, 2018
(1) by striking ‘‘(a) IN GENERAL.—’’; and
(2) by striking subsections (b), (c), and (d).
(g) REPEAL OF STATUTORY REQUIREMENT FOR DESIGNATION OF
SENIOR OFFICIAL RESPONSIBLE FOR FOCUS ON URGENT OPERATIONAL
NEEDS AND RAPID ACQUISITION.—Section 902 of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law 112–
239; 126 Stat. 1865; 10 U.S.C. 2302 note) is repealed.
(h) REPEAL OF STATUTORY REQUIREMENT FOR DESIGNATION OF
SENIOR OFFICIAL RESPONSIBLE FOR DUAL-USE PROJECTS UNDER
DUAL-USE SCIENCE AND TECHNOLOGY PROGRAM.—Section 203 of
the National Defense Authorization Act for Fiscal Year 1998 (Public
Law 105–85; 10 U.S.C. 2511 note) is amended by striking subsection
(c).
10 USC 2228 (i) SUBMISSION OF NOTICE AND PLAN TO CONGRESS.—Not less
note. than 30 days before reorganizing, restructuring, or eliminating any
position or office specified in this section, the Secretary shall submit
to the Committees on Armed Services of the Senate and House
of Representatives notice of such reorganization, restructuring, or
elimination together with a plan to ensure that mission require-
ments are met and appropriate oversight is conducted in carrying
out such reorganization, restructuring, or elimination. Such plan
shall address how user needs will be met and how associated
roles and responsibilities will be accomplished for each position
or office that the Secretary determines requiring reorganization,
restructuring, or elimination.
SEC. 812. REPEAL OF CERTAIN DEFENSE ACQUISITION LAWS.
(a) TITLE 10, UNITED STATES CODE.—
(1) SECTION 167A.—
(A) REPEAL.—Section 167a of title 10, United States
Code, is repealed.
(B) CLERICAL AMENDMENT.—The table of sections at
10 USC 161 prec. the beginning of chapter 6 of such title is amended by
striking the item relating to section 167a.
(C) CONFORMING AMENDMENT.—Section 905(a)(1) of the
John Warner National Defense Authorization Act for Fiscal
Year 2007 (Public Law 109–364; 10 U.S.C. 133a note) is
amended by striking ‘‘166b, 167, or 167a’’ and inserting
‘‘166b or 167’’.
(2) SECTION 2323.—
(A) REPEAL.—Section 2323 of title 10, United States
Code, is repealed.
(B) CLERICAL AMENDMENT.—The table of sections at
10 USC 2301 the beginning of chapter 137 of such title is amended
prec. by striking the item relating to section 2323.
(C) CONFORMING AMENDMENTS.—
(i) Section 853(c) of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law
108–136; 10 U.S.C. 2302 note) is amended by striking
‘‘section 2323 of title 10, United States Code, and’’.
(ii) Section 831(n) of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law
101–510; 10 U.S.C. 2302 note) is amended—
(I) in paragraph (4), by inserting ‘‘, as in effect
dkrause on DSKBC28HB2PROD with PUBLAWS
on March 1, 2018’’ after ‘‘section 2323 of title 10,
United States Code’’; and
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00212 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1847
(II) in paragraph (6), by striking ‘‘section 2323
of title 10, United States Code, and’’.
(iii) Section 8304(1) of the Federal Acquisition
Streamlining Act of 1994 (10 U.S.C. 2375 note) is
amended by striking ‘‘section 2323 of title 10, United
States Code, or’’.
(iv) Section 10004(a)(1) of the Federal Acquisition
Streamlining Act of 1994 (41 U.S.C. 1122 note) is
amended by striking ‘‘section 2323 of title 10, United
States Code, or’’.
(v) Section 2304(b)(2) of title 10, United States
Code, is amended by striking ‘‘and concerns other than’’
and all that follows through ‘‘this title’’.
(vi) Section 2304e(b) of title 10, United States
Code, is amended—
(I) by striking ‘‘other than—’’ and all that fol-
lows through ‘‘small’’ and inserting ‘‘other than
small’’;
(II) by striking ‘‘; or’’ and inserting a period;
and
(III) by striking paragraph (2).
(vii) Section 2323a(a) of title 10, United States
Code, is amended by striking ‘‘section 2323 of this
title and’’.
(viii) Section 15 of the Small Business Act (15
U.S.C. 644) is amended—
(I) in subsection (j)(3), by striking ‘‘section
2323 of title 10, United States Code,’’;
(II) in subsection (k)(10)—
(aa) by striking ‘‘or section 2323 of title
10, United States Code,’’ and all that follows
through ‘‘subsection (m),’’; and
(bb) by striking ‘‘subsection (a),’’ and
inserting ‘‘subsection (a) or’’; and
(III) by amending subsection (m) to read as
follows:
‘‘(m) ADDITIONAL DUTIES OF PROCUREMENT CENTER REPRESENT-
ATIVES.—All procurement center representatives (including those
referred to in subsection (k)(6)), in addition to such other duties
as may be assigned by the Administrator, shall increase, insofar
as possible, the number and dollar value of procurements that
may be used for the programs established under this section and
section 8(a).’’.
(ix) Section 1902(b)(1) of title 41, United States
Code, is amended by striking ‘‘, section 2323 of title
10,’’.
(3) SECTION 2332.—
(A) REPEAL.—Section 2332 of title 10, United States
Code, is repealed.
(B) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 137 of such title is amended 10 USC 2301
by striking the item relating to section 2332. prec.
(b) OTHER PROVISIONS OF LAW.—The following provisions of
law are repealed:
(1) Section 934 of the National Defense Authorization Act
dkrause on DSKBC28HB2PROD with PUBLAWS
for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 2223a
note).
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00213 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1848 PUBLIC LAW 115–232—AUG. 13, 2018
(2) Section 804 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2223a
note).
(3) Section 804 of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 2302
note).
(4) Section 829 of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 2302
note).
(5) Section 818(g) of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2302
note).
(6) Section 815(b) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2302
note).
(7) Section 141 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108–375;
10 U.S.C. 2302 note).
(8) Section 801(b) of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2302
note).
(9) Section 352 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107–314;
10 U.S.C. 2302 note).
(10) Section 9004 of the Department of Defense Appropria-
tions Act, 1990 (Public Law 101–165; 10 U.S.C. 2302 note).
(11) Section 802 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110–417;
10 U.S.C. 2304 note).
(12) Section 813 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109–364;
10 U.S.C. 2304 note).
(13) Section 391 of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 2304
note).
(14) Section 927(b) of Public Laws 99–500, 99–591, and
99–661 (10 U.S.C. 2304 note).
(15) Section 1222(b) of the National Defense Authorization
Act for Fiscal Year 1987 (Public Law 99–661; 10 U.S.C. 2304
note).
(16) Section 814(b) of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2304a
note).
(17) Section 834 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109–364;
10 U.S.C. 2304b note).
(18) Section 803 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105–261;
10 U.S.C. 2306a note).
(19) Section 1075 of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 2315
note).
(20) Section 818 of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 2324
note).
dkrause on DSKBC28HB2PROD with PUBLAWS
(21) Sections 908(a), (b), (c), and (e) of Public Laws 99–
500, 99–591, and 99–661 (10 U.S.C. 2326 note).
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00214 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1849
(22) Section 807 of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2330
note).
(23) Section 808(d) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2330
note).
(24) Section 812(b)–(c) of the National Defense Authoriza-
tion Act for Fiscal Year 2006 (Public Law 109–163; 10 U.S.C.
2330 note).
(25) Section 801(d)–(f) of the National Defense Authoriza-
tion Act for Fiscal Year 2002 (Public Law 107–107; 10 U.S.C.
2330 note).
(26) Section 802 of the National Defense Authorization
Act for Fiscal Year 2002 (Public Law 107–107; 10 U.S.C. 2330
note).
(27) Section 831 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110–417;
10 U.S.C. 2330a note).
(28) Section 1032 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107–314;
10 U.S.C. 2358 note).
(29) Section 241 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107–314;
10 U.S.C. 2358 note).
(30) Section 913(b) of the National Defense Authorization
Act for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 2364
note).
(31) Sections 234(a) and (b) of the National Defense
Authorization Act for Fiscal Year 1987 (Public Law 99–661;
10 U.S.C. 2364 note).
(32) Section 943(b) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2366a
note).
(33) Section 801 of the National Defense Authorization
Act for Fiscal Year 1990 (Public Law 101–189; 10 U.S.C. 2399
note).
(34) Section 8133 of the Department of Defense Appropria-
tions Act, 2000 (Public Law 106–79; 10 U.S.C. 2401a note).
(35) Section 807(b) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109–364;
10 U.S.C. 2410p note).
(36) Section 1058 of the Carl Levin and Howard P. ‘‘Buck’’
McKeon National Defense Authorization Act for Fiscal Year
2015 (Public Law 113–291; 10 U.S.C. 2430 note).
(37) Section 838 of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2430
note).
(38) Section 809 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2430
note).
(39) Section 833 of the National Defense Authorization
Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2430
note).
(40) Section 839 of the National Defense Authorization
dkrause on DSKBC28HB2PROD with PUBLAWS
Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2430
note).
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00215 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1850 PUBLIC LAW 115–232—AUG. 13, 2018
(41) Section 819 of the National Defense Authorization
Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 2430
note).
(42) Section 5064 of the Federal Acquisition Streamlining
Act of 1994 (Public Law 103–355; 10 U.S.C. 2430 note).
(43) Section 803 of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104–201; 10 U.S.C. 2430
note).
(44) Section 328 of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2458
note).
(45) Section 347 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105–261;
10 U.S.C. 2458 note).
(46) Section 349 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105–261;
10 U.S.C. 2458 note).
(47) Section 395 of the National Defense Authorization
Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 2458
note).
(48) Section 325 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108–375;
10 U.S.C. 2461 note).
(49) Section 336 of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2461
note).
(50) Section 353(a) of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2461
note).
(51) Section 353(b) of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2461
note).
(52) Section 356 of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104–106; 10 U.S.C. 2461
note).
(53) Section 1010 of the USA Patriot Act of 2001 (Public
Law 107–56; 10 U.S.C. 2465 note).
(54) Section 4101 of the National Defense Authorization
Act for Fiscal Year 1993 (Public Law 102–484; 10 U.S.C. 2500
note).
(55) Section 852 of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 2504
note).
(56) Section 823 of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108–136; 10 U.S.C. 2521
note).
(57) Section 823 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111–383;
10 U.S.C. 2533b note).
(58) Section 804(h) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2533b
note).
(59) Section 842(b) of the John Warner National Defense
dkrause on DSKBC28HB2PROD with PUBLAWS
Authorization Act for Fiscal Year 2007 (Public Law 109–364;
10 U.S.C. 2533b note).
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00216 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1851
(60) Section 343 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106–398; 10 U.S.C. 4551 note).
SEC. 813. REPEAL OF CERTAIN DEPARTMENT OF DEFENSE REPORTING
REQUIREMENTS.
(a) AMENDMENTS TO TITLE 10, UNITED STATES CODE.—Title
10, United States Code, is amended as follows:
(1) SECTION 231A.—
(A) REPEAL.—Section 231a is repealed.
(B) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 9 is amended by striking the 10 USC 221 prec.
item relating to section 231a.
(2) SECTION 2276.—Section 2276 is amended by striking
subsection (e).
(b) NDAA FOR FY 2008.—The National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110–181) is amended—
(1) in section 911(f) (10 U.S.C. 2271 note)—
(A) in the subsection heading, by striking ‘‘; BIENNIAL
UPDATE’’;
(B) in paragraph (3), by striking ‘‘, and each update
required by paragraph (2),’’; and
(C) by striking paragraph (2) and redesignating para-
graph (3) as paragraph (2); and
(2) in section 1034— 10 USC 272 note.
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection (d).
(c) NDAA FOR FY 2009.—Section 1047(d) of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110–417; 10 U.S.C. 2366b note) is amended—
(1) in the subsection heading, by striking ‘‘BANDWIDTH’’
and all that follows through ‘‘The Secretary’’ and inserting
‘‘BANDWIDTH REQUIREMENTS.—The Secretary’’; and
(2) by striking paragraph (2).
(d) NDAA FOR FY 2010.—Section 1244 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111–84; 22
U.S.C. 1928 note) is amended by striking subsection (d).
(e) NDAA FOR FY 2011.—Section 1217 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public
Law 111–383; 22 U.S.C. 7513 note) is amended by striking sub-
section (i).
(f) NDAA FOR FY 2013.—Section 524 of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126
Stat. 1723; 10 U.S.C. 1222 note) is amended by striking subsection
(c).
(g) NDAA FOR FY 2015.—Section 1026(d) of the Carl Levin
and Howard P. ‘‘Buck’’ McKeon National Defense Authorization
Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3490)
is repealed.
(h) MILITARY CONSTRUCTION AUTHORIZATION ACT, 1982.—Sec-
tion 703 of the Military Construction Authorization Act, 1982
(Public Law 97–99; 95 Stat. 1376) is amended by striking subsection
(g).
(i) CONFORMING AMENDMENTS.—
(1) NDAA FOR FY 2017.—Section 1061 of the National
dkrause on DSKBC28HB2PROD with PUBLAWS
Defense Authorization Act for Fiscal Year 2017 (Public Law
114–328; 10 U.S.C. 111 note) is amended—
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00217 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1852 PUBLIC LAW 115–232—AUG. 13, 2018
(A) in subsection (c), by striking paragraphs (16) and
(41);
(B) in subsection (d), by striking paragraph (3);
(C) in subsection (f), by striking paragraph (1);
(D) in subsection (g), by striking paragraph (3);
(E) in subsection (h), by striking paragraph (3); and
(F) in subsection (i), by striking paragraphs (15), (17),
and (24).
(2) NDAA FOR FY 2000.—Section 1031 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law
106–65; 113 Stat. 749; 31 U.S.C. 1113 note) is amended by
striking paragraph (32).
Subtitle B—Amendments to General Con-
tracting Authorities, Procedures, and
Limitations
SEC. 816. MODIFICATION OF LIMITATIONS ON SINGLE SOURCE TASK
OR DELIVERY ORDER CONTRACTS.
Section 2304a(d)(3)(A) of title 10, United States Code, is
amended by striking ‘‘reasonably perform the work’’ and inserting
‘‘efficiently perform the work’’.
SEC. 817. PRELIMINARY COST ANALYSIS REQUIREMENT FOR EXERCISE
OF MULTIYEAR CONTRACT AUTHORITY.
Section 2306b(i)(2)(B) of title 10, United States Code, is
amended—
(1) by striking ‘‘made after the completion of a cost anal-
ysis’’ and inserting ‘‘supported by a preliminary cost analysis’’;
and
(2) by striking ‘‘for the purpose of section 2334(e)(1) of
this title, and that the analysis supports those preliminary
findings’’.
SEC. 818. REVISION OF REQUIREMENT TO SUBMIT INFORMATION ON
SERVICES CONTRACTS TO CONGRESS.
(a) REVISION.—Section 2329(b) of title 10, United States Code,
is amended—
(1) by striking ‘‘October 1, 2022’’ and inserting ‘‘October
1, 2021’’; and
(2) in paragraph (1)—
(A) by striking ‘‘at or about’’ and inserting ‘‘at or
before’’; and
(B) by inserting ‘‘or on the date on which the future-
years defense program is submitted to Congress under
section 221 of this title’’ after ‘‘title 31’’;
(3) in paragraph (3), by striking ‘‘and’’ at the end;
(4) in paragraph (4), by striking the period at the end
and inserting ‘‘; and’’; and
(5) by adding at the end the following new paragraph:
‘‘(5) be included in the future-years defense program sub-
mitted to Congress under section 221 of this title.’’.
(b) BRIEFING REQUIREMENT ON SERVICES CONTRACTS.—Not
dkrause on DSKBC28HB2PROD with PUBLAWS
later than 180 days after the date of the enactment of this Act,
and every 180 days thereafter until the requirements of section
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00218 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1853
2329(b) of title 10, United States Code, are met, the Under Secretary
of Defense for Acquisition and Sustainment shall brief the congres-
sional defense committees on the progress of Department of Defense
efforts to meet the requirements of such section, including relevant
information on the methodology and implementation plans for
future compliance.
SEC. 819. DATA COLLECTION AND INVENTORY FOR SERVICES CON-
TRACTS.
Section 2330a of title 10, United States Code, is amended
in subsection (c)(1)—
(1) by inserting ‘‘and contracts closely associated with
inherently governmental functions’’ after ‘‘staff augmentation
contracts’’; and
(2) by striking ‘‘Under Secretary of Defense for Acquisition,
Technology, and Logistics’’ each place it appears and inserting
‘‘Under Secretary of Defense for Acquisition and Sustainment’’.
SEC. 820. REPORT ON CLARIFICATION OF SERVICES CONTRACTING
DEFINITIONS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the congressional
defense committees a report clarifying the definitions of and rela-
tionships between terms used by the Department of Defense related
to services contracting, including the appropriate use of personal
services contracts and nonpersonal services contracts, and the
responsibilities of individuals in the acquisition workforce with
respect to such contracts.
SEC. 821. INCREASE IN MICRO-PURCHASE THRESHOLD APPLICABLE
TO DEPARTMENT OF DEFENSE.
(a) IN GENERAL.—Section 2338 of title 10, United States Code,
is amended by striking ‘‘Notwithstanding subsection (a) of section
1902 of title 41, the micro-purchase threshold for the Department
of Defense for purposes of such section is $5,000’’ and inserting
‘‘The micro-purchase threshold for the Department of Defense is
$10,000’’.
(b) CONFORMING AMENDMENT.—Section 1902(a)(1) of title 41,
United States Code, is amended by striking ‘‘sections 2338 and
2339 of title 10 and’’.
(c) REPEAL OF OBSOLETE AUTHORITY.—
(1) IN GENERAL.—Section 2339 of title 10, United States
Code, is repealed.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 137 of title 10, United States Code, is 10 USC 2301
amended by striking the item relating to section 2339. prec.
SEC. 822. DEPARTMENT OF DEFENSE CONTRACTING DISPUTE MAT- 10 USC 2302
TERS. note.
(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall carry
out a study of the frequency and effects of bid protests involving
the same contract award or proposed award that have been filed
at both the Government Accountability Office and the United States
Court of Federal Claims. The study shall cover Department of
Defense contracts and include, at a minimum—
dkrause on DSKBC28HB2PROD with PUBLAWS
(1) the number of protests that have been filed with both
tribunals and results;
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00219 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1854 PUBLIC LAW 115–232—AUG. 13, 2018
(2) the number of such protests where the tribunals differed
in denying or sustaining the action;
(3) the length of time, in average time and median time—
(A) from initial filing at the Government Accountability
Office to decision in the United States Court of Federal
Claims;
(B) from filing with each tribunal to decision by such
tribunal;
(C) from the time at which the basis of the protest
is known to the time of filing in each tribunal; and
(D) in the case of an appeal from a decision of the
United States Court of Federal Claims, from the date of
the initial filing of the appeal to decision in the appeal;
(4) the number of protests where performance was stayed
or enjoined and for how long;
(5) if performance was stayed or enjoined, whether the
requirement was obtained in the interim through another
vehicle or in-house, or whether during the period of the stay
or enjoining the requirement went unfulfilled;
(6) separately for each tribunal, the number of protests
where performance was stayed or enjoined and monetary dam-
ages were awarded, which shall include for how long perform-
ance was stayed or enjoined and the amount of monetary dam-
ages;
(7) whether the protestor was a large or small business;
and
(8) whether the protestor was the incumbent in a prior
contract for the same or similar product or service.
(b) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees, the Committee on the
Judiciary of the Senate, and the Committee on the Judiciary of
the House of Representatives a report on the results of the study,
along with related recommendations for improving the expediency
of the bid protest process. In preparing the report, the Secretary
shall consult with the Attorney General of the United States, the
Comptroller General of the United States, and the United States
Court of Federal Claims.
(c) ONGOING DATA COLLECTION.—Not later than 270 days after
the date of the enactment of this Act, the Secretary of Defense
shall establish and continuously maintain a data repository to col-
lect on an ongoing basis the information described in subsection
(a) and any additional relevant bid protest data the Secretary
determines necessary and appropriate to allow the Department
of Defense, the Government Accountability Office, and the United
States Court of Federal Claims to assess and review bid protests
over time.
(d) ESTABLISHMENT OF EXPEDITED PROCESS FOR SMALL VALUE
CONTRACTS.—
(1) IN GENERAL.—Not later than December 1, 2019, the
Secretary of Defense shall develop a plan and schedule for
an expedited bid protest process for Department of Defense
contracts with a value of less than $100,000.
(2) CONSULTATION.—In carrying out paragraph (1), the Sec-
dkrause on DSKBC28HB2PROD with PUBLAWS
retary of Defense may consult with the Government Account-
ability Office and the United States Court of Federal Claims
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00220 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1855
to the extent such entities may establish a similar process
at their election.
(3) REPORT.—Not later than May 1, 2019, the Secretary
of Defense shall submit to the congressional defense committees
a report on the plan and schedule for implementation of the
expedited bid protest process, which shall include a request
for any additional authorities the Secretary determines appro-
priate for such efforts.
SEC. 823. INCLUSION OF BEST AVAILABLE INFORMATION REGARDING 10 USC 2305
PAST PERFORMANCE OF SUBCONTRACTORS AND JOINT note.
VENTURE PARTNERS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense, in consultation with the Federal
Acquisition Regulatory Council and the Administrator for Federal
Procurement Policy, shall develop policies for the Department of
Defense to ensure the best information regarding past performance
of certain subcontractors and joint venture partners is available
when awarding Department of Defense contracts. The policies shall
include proposed revisions to the Defense Federal Acquisition Regu-
lation Supplement as follows:
(1) Required performance evaluations, as part of a govern-
ment-wide evaluation reporting tool, for first-tier subcontractors
on construction and architect-engineer contracts performing a
portion of the contract valued at the threshold set forth in
section 42.1502(e) of the Federal Acquisition Regulation, or
20 percent of the value of the prime contract, whichever is
higher, provided—
(A) the information included in rating the subcon-
tractor is not inconsistent with the information included
in the rating for the prime contractor;
(B) the subcontractor evaluation is conducted con-
sistent with the provisions of section 42.15 of the Federal
Acquisition Regulation;
(C) negative evaluations of a subcontractor in no way
obviate the prime contractor’s responsibility for successful
completion of the contract and management of its sub-
contractors; and
(D) that in the judgment of the contracting officer,
the overall execution of the work is impacted by the
performance of the subcontractor or subcontractors.
(2) Required performance evaluations, as part of a govern-
ment-wide evaluation reporting tool, of individual partners of
joint venture-awarded construction and architect-engineer con-
tracts valued at the threshold set forth in section 42.1502(e)
of the Federal Acquisition Regulation, to ensure that past
performance on joint venture projects is considered in future
awards to individual joint venture partners, provided—
(A) at a minimum, the rating for joint ventures includes
an identification that allows the evaluation to be retrieved
for each partner of the joint venture;
(B) each partner, through the joint venture, is given
the same opportunity to submit comments, rebutting state-
ments, or additional information, consistent with the provi-
dkrause on DSKBC28HB2PROD with PUBLAWS
sions of section 42.15 of the Federal Acquisition Regulation;
and
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00221 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1856 PUBLIC LAW 115–232—AUG. 13, 2018
(C) the rating clearly identifies the responsibilities of
joint venture partners for discrete elements of the work
where the partners are not jointly and severally responsible
for the project.
(3) Processes to request exceptions from the annual evalua-
tion requirement under section 42.1502(a) of the Federal
Acquisition Regulation for construction and architect-engineer
contracts where submission of the annual evaluations would
not provide the best representation of the performance of a
contractor, including subcontractors and joint venture partners,
including—
(A) where no severable element of the work has been
completed;
(B) where the contracting officer determines that—
(i) an insubstantial portion of the contract work
has been completed in the preceding year; and
(ii) the lack of performance is at no fault to the
contractor; or
(C) where the contracting officer determines that there
is an issue in dispute which, until resolved, would likely
cause the annual rating to inaccurately reflect the past
performance of the contractor.
SEC. 824. SUBCONTRACTING PRICE AND APPROVED PURCHASING SYS-
TEMS.
(a) AMENDMENT.—Section 893 of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public Law 111–
383; 10 U.S.C. 2302 note) is amended—
(1) in subsection (g), by adding at the end the following
new paragraph:
‘‘(5) The term ‘approved purchasing system’ has the
meaning given the term in section 44.101 of the Federal
Acquisition Regulation (or any similar regulation).’’; and
(2) by adding at the end the following new subsection:
‘‘(i) CONSENT TO SUBCONTRACT.—If the contractor on a Depart-
ment of Defense contract requiring a contracting officer’s written
consent prior to the contractor entering into a subcontract has
an approved purchasing system, the contracting officer may not
withhold such consent without the written approval of the program
manager.’’.
10 USC 2302 (b) CONFORMING REGULATIONS.—Not later than 120 days after
note. the date of the enactment of this Act, the Secretary of Defense
shall revise the Defense Federal Acquisition Regulation Supplement
to conform with the amendments to section 893 of the Ike Skelton
National Defense Authorization Act for Fiscal Year 2011 (Public
Law 111–383; 10 U.S.C. 2302 note) made by this section.
SEC. 825. MODIFICATION OF CRITERIA FOR WAIVERS OF REQUIRE-
MENT FOR CERTIFIED COST AND PRICE DATA.
Section 817(b)(2) of the Bob Stump National Defense Authoriza-
tion Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C.
2306a note) is amended by striking ‘‘; and’’ and inserting ‘‘; or’’.
dkrause on DSKBC28HB2PROD with PUBLAWS
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00222 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1857
Subtitle C—Provisions Relating to Major
Defense Acquisition Programs
SEC. 831. REVISIONS IN AUTHORITY RELATING TO PROGRAM COST
TARGETS AND FIELDING TARGETS FOR MAJOR DEFENSE
ACQUISITION PROGRAMS.
(a) REVISIONS IN AUTHORITY RELATING TO PROGRAM COST AND
FIELDING TARGETS.—Section 2448a of title 10, United States Code,
is amended—
(1) in subsection (a), by striking ‘‘Secretary of Defense’’
and inserting ‘‘designated milestone decision authority for the
program’’;
(2) by striking ‘‘the milestone decision authority for the
major defense acquisition program approves a program that’’
and inserting ‘‘the program’’;
(3) by striking subsection (b); and
(4) by redesignating subsection (c) as subsection (b).
(b) CONFORMING AMENDMENTS.—
(1) Section 181(b) of title 10, United States Code, is
amended—
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4), (5), (6), and (7)
as paragraphs (3), (4), (5), and (6), respectively.
(2) Section 2366a(c)(1)(A) of such title is amended by
striking ‘‘by the Secretary of Defense’’.
(3) Section 2366b of such title is amended—
(A) in subsection (a)(3)(D), by striking ‘‘Secretary of
Defense after a request for such increase or delay by the’’;
and
(B) in subsection (c)(1)(A), by striking ‘‘by the Secretary
of Defense’’.
(4) Section 925(b)(1) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2361;
10 U.S.C. 2448a note) is amended by striking ‘‘Deputy Secretary
of Defense and the Vice Chairman of the Joint Chiefs of Staff’’
and inserting ‘‘designated milestone decision authority for the
major defense acquisition program and the Vice Chief of Staff
of the armed force concerned or, in the case of a program
for which an alternate milestone decision authority is des-
ignated under section 2430(d)(2) of such title, the Vice Chair-
man of the Joint Chiefs of Staff’’.
SEC. 832. IMPLEMENTATION OF RECOMMENDATIONS OF THE INDE- 10 USC 2443
PENDENT STUDY ON CONSIDERATION OF SUSTAINMENT note.
IN WEAPONS SYSTEMS LIFE CYCLE.
(a) IMPLEMENTATION REQUIRED.—Not later than 18 months
after the date of the enactment of this Act, the Secretary of Defense
shall, except as provided under subsection (b), commence
implementation of each recommendation submitted as part of the
independent assessment produced under section 844 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114–
328; 130 Stat. 2290).
(b) EXCEPTIONS.—
(1) DELAYED IMPLEMENTATION.—The Secretary of Defense
dkrause on DSKBC28HB2PROD with PUBLAWS
may commence implementation of a recommendation described
under subsection (a) later than the date required under such
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00223 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1858 PUBLIC LAW 115–232—AUG. 13, 2018
subsection if the Secretary provides the congressional defense
committees with a specific justification for the delay in
implementation of such recommendation.
(2) NONIMPLEMENTATION.—The Secretary of Defense may
opt not to implement a recommendation described under sub-
section (a) if the Secretary provides to the congressional defense
committees—
(A) the reasons for the decision not to implement the
recommendation; and
(B) a summary of the alternative actions the Secretary
plans to take to address the purposes underlying the rec-
ommendation.
(c) IMPLEMENTATION PLANS.—For each recommendation that
the Secretary is implementing, or that the Secretary plans to imple-
ment, the Secretary shall submit to the congressional defense
committees—
(1) a summary of actions that have been taken to imple-
ment the recommendation; and
(2) a schedule, with specific milestones, for completing the
implementation of the recommendation.
SEC. 833. COMPTROLLER GENERAL ASSESSMENT OF ACQUISITION
PROGRAMS AND RELATED INITIATIVES.
(a) IN GENERAL.—Chapter 131 of title 10, United States Code,
is amended by adding at the end the following new section:
10 USC 2229b. ‘‘§ 2229b. Comptroller General assessment of acquisition pro-
grams and initiatives
‘‘(a) ASSESSMENT REQUIRED.—The Comptroller General of the
United States shall submit to the congressional defense committees
an annual assessment of selected acquisition programs and initia-
tives of the Department of Defense by March 30th of each year
from 2020 through 2023.
‘‘(b) ANALYSES TO BE INCLUDED.—The assessment required
under subsection (a) shall include—
‘‘(1) a macro analysis of how well acquisition programs
and initiatives are performing and reasons for that perform-
ance;
‘‘(2) a summary of organizational and legislative changes
and emerging assessment methodologies since the last assess-
ment, and a discussion of the implications for execution and
oversight of programs and initiatives; and
‘‘(3) specific analyses of individual acquisition programs
and initiatives.
‘‘(c) ACQUISITION PROGRAMS AND INITIATIVES TO BE CONSID-
ERED.—The assessment required under subsection (a) shall consider
the following programs and initiatives:
‘‘(1) Selected weapon systems, as determined appropriate
by the Comptroller General.
‘‘(2) Selected information technology systems and initia-
tives, including defense business systems, networks, and soft-
ware-intensive systems, as determined appropriate by the
Comptroller General.
‘‘(3) Selected prototyping and rapid fielding activities and
dkrause on DSKBC28HB2PROD with PUBLAWS
initiatives, as determined appropriate by the Comptroller Gen-
eral.’’.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00224 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1859
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 10 USC 2201
to section 2229a the following new item: prec.
‘‘2229b. Comptroller General assessment of acquisition programs and related initia-
tives.’’.
(c) REPEAL OF SUPERSEDED AUTHORITY.—Section 883(d) of the 10 USC 2222
National Defense Authorization Act for Fiscal Year 2016 (Public note.
Law 114–92; 10 U.S.C. 2222 note) is amended by striking paragraph
(1), effective on January 1, 2020.
Subtitle D—Provisions Relating to
Commercial Items
SEC. 836. REVISION OF DEFINITION OF COMMERCIAL ITEM FOR PUR-
POSES OF FEDERAL ACQUISITION STATUTES.
(a) DEFINITIONS IN CHAPTER 1 OF TITLE 41, UNITED STATES
CODE.—
(1) SEPARATION OF ‘‘COMMERCIAL ITEM’’ DEFINITION INTO
DEFINITIONS OF ‘‘COMMERCIAL PRODUCT’’ AND ‘‘COMMERCIAL
SERVICE’’.—Chapter 1 of title 41, United States Code, is
amended by striking section 103 and inserting the following
new sections:
‘‘§ 103. Commercial product 41 USC 103.
‘‘In this subtitle, the term ‘commercial product’ means any
of the following:
‘‘(1) A product, other than real property, that—
‘‘(A) is of a type customarily used by the general public
or by nongovernmental entities for purposes other than
governmental purposes; and
‘‘(B) has been sold, leased, or licensed, or offered for
sale, lease, or license, to the general public.
‘‘(2) A product that—
‘‘(A) evolved from a product described in paragraph
(1) through advances in technology or performance; and
‘‘(B) is not yet available in the commercial marketplace
but will be available in the commercial marketplace in
time to satisfy the delivery requirements under a Federal
Government solicitation.
‘‘(3) A product that would satisfy the criteria in paragraph
(1) or (2) were it not for—
‘‘(A) modifications of a type customarily available in
the commercial marketplace; or
‘‘(B) minor modifications made to meet Federal Govern-
ment requirements.
‘‘(4) Any combination of products meeting the requirements
of paragraph (1), (2), or (3) that are of a type customarily
combined and sold in combination to the general public.
‘‘(5) A product, or combination of products, referred to
in paragraphs (1) through (4), even though the product, or
combination of products, is transferred between or among sepa-
rate divisions, subsidiaries, or affiliates of a contractor.
‘‘(6) A nondevelopmental item if the procuring agency deter-
dkrause on DSKBC28HB2PROD with PUBLAWS
mines, in accordance with conditions in the Federal Acquisition
Regulation, that—
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00225 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1860 PUBLIC LAW 115–232—AUG. 13, 2018
‘‘(A) the product was developed exclusively at private
expense; and
‘‘(B) has been sold in substantial quantities, on a
competitive basis, to multiple State and local governments
or to multiple foreign governments.
41 USC 103a. ‘‘§ 103a. Commercial service
‘‘In this subtitle, the term ‘commercial service’ means any of
the following:
‘‘(1) Installation services, maintenance services, repair serv-
ices, training services, and other services if—
‘‘(A) those services are procured for support of a
commercial product, regardless of whether the services are
provided by the same source or at the same time as the
commercial product; and
‘‘(B) the source of the services provides similar services
contemporaneously to the general public under terms and
conditions similar to those offered to the Federal Govern-
ment;
‘‘(2) Services of a type offered and sold competitively, in
substantial quantities, in the commercial marketplace—
‘‘(A) based on established catalog or market prices;
‘‘(B) for specific tasks performed or specific outcomes
to be achieved; and
‘‘(C) under standard commercial terms and conditions.
‘‘(3) A service described in paragraph (1) or (2), even though
the service is transferred between or among separate divisions,
subsidiaries, or affiliates of a contractor.’’.
(2) CONFORMING AMENDMENTS TO TITLE 41 DEFINITIONS.—
(A) DEFINITION OF COMMERCIAL COMPONENT.—Section
102 of such title is amended by striking ‘‘commercial item’’
and inserting ‘‘commercial product’’.
(B) DEFINITION OF COMMERCIALLY AVAILABLE OFF-THE-
SHELF ITEM.—Section 104(1)(A) is amended by striking
‘‘commercial item’’ and inserting ‘‘commercial product’’.
(C) DEFINITION OF NONDEVELOPMENTAL ITEM.—Section
110(1) of such title is amended by striking ‘‘commercial
item’’ and inserting ‘‘commercial product’’.
(3) CLERICAL AMENDMENT.—The table of sections at the
41 USC 101 prec. beginning of chapter 1 of title 41, United States Code, is
amended by striking the item relating to section 103 and
inserting the following new items:
‘‘103. Commercial product.
‘‘103a. Commercial service.’’.
(b) CONFORMING AMENDMENTS TO OTHER PROVISIONS OF TITLE
41, UNITED STATES CODE.—Title 41, United States Code, is further
amended as follows:
(1) Section 1502(b) is amended—
(A) in paragraph (1)(A), by striking ‘‘commercial items’’
and inserting ‘‘commercial products or commercial serv-
ices’’;
(B) in paragraph (1)(C)(i), by striking ‘‘commercial
dkrause on DSKBC28HB2PROD with PUBLAWS
item’’ and inserting ‘‘commercial product or commercial
service’’; and
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00226 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1861
(C) in paragraph (3)(A)(i), by striking ‘‘commercial
items’’ and inserting ‘‘commercial products or commercial
services’’.
(2) Section 1705(c) is amended by striking ‘‘commercial 41 USC 1705.
items’’ and inserting ‘‘commercial products and commercial
services’’.
(3) Section 1708 is amended by striking ‘‘commercial items’’
in subsections (c)(6) and (e)(3) and inserting ‘‘commercial prod-
ucts or commercial services’’.
(4) Section 1901 is amended—
(A) in subsection (a)(2), by striking ‘‘commercial items’’
and inserting ‘‘commercial products or commercial serv-
ices’’; and
(B) in subsection (e)—
(i) by striking ‘‘COMMERCIAL ITEMS’’ in the sub-
section heading and inserting ‘‘COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES’’; and
(ii) by striking ‘‘commercial items’’ and inserting
‘‘commercial products or commercial services’’.
(5) Section 1903(c) is amended—
(A) in the subsection heading, by striking ‘‘COMMERCIAL
ITEM’’ and inserting ‘‘COMMERCIAL PRODUCT OR COMMER-
CIAL SERVICE’’;
(B) in paragraph (1), by striking ‘‘as a commercial
item’’ and inserting ‘‘as a commercial product or a commer-
cial service’’; and
(C) in paragraph (2), by striking ‘‘for an item or service
treated as a commercial item’’ and inserting ‘‘for a product
or service treated as a commercial product or a commercial
service’’.
(6)(A) Section 1906 is amended by striking ‘‘commercial
items’’ each place it appears in subsections (b), (c), and (d)
and inserting ‘‘commercial products or commercial services’’.
(B)(i) The heading of such section is amended to read
as follows:
‘‘§ 1906. List of laws inapplicable to procurements of commer-
cial products and commercial services’’.
(ii) The table of sections at the beginning of chapter 19 41 USC 1901
is amended by striking the item relating to section 1906 and prec.
inserting the following new item:
‘‘1906. List of laws inapplicable to procurements of commercial products and com-
mercial services.’’.
(7) Section 3304 is amended by striking ‘‘commercial item’’
in subsections (a)(5) and (e)(4)(B) and inserting ‘‘commercial
product’’.
(8) Section 3305(a)(2) is amended by striking ‘‘commercial
items’’ and inserting ‘‘commercial products or commercial serv-
ices’’.
(9) Section 3306(b) is amended by striking ‘‘commercial
items’’ and inserting ‘‘commercial products or commercial serv-
ices’’.
dkrause on DSKBC28HB2PROD with PUBLAWS
(10)(A) Section 3307 is amended—
(i) in subsection (a)—
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00227 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1862 PUBLIC LAW 115–232—AUG. 13, 2018
(I) by striking ‘‘COMMERCIAL ITEMS’’ in the sub-
section heading and inserting ‘‘COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES’’;
(II) in paragraph (1), by striking ‘‘commercial
items’’ and inserting ‘‘commercial products and
commercial services’’; and
(III) in paragraph (2), by striking ‘‘a commercial
item’’ and inserting ‘‘a commercial product or commer-
cial service’’;
(ii) in subsection (b)—
(I) in paragraph (2), by striking ‘‘commercial items
or, to the extent that commercial items suitable to
meet the executive agency’s needs are not available,
nondevelopmental items other than commercial items’’
and inserting ‘‘commercial services or commercial prod-
ucts or, to the extent that commercial products suitable
to meet the executive agency’s needs are not available,
nondevelopmental items other than commercial prod-
ucts’’; and
(II) in paragraph (3), by striking ‘‘commercial items
and nondevelopmental items other than commercial
items’’ and inserting ‘‘commercial services, commercial
products, and nondevelopmental items other than
commercial products’’;
(iii) in subsection (c)—
(I) in paragraphs (1) and (2), by striking ‘‘commer-
cial items or nondevelopmental items other than
commercial items’’ and inserting ‘‘commercial services
or commercial products or nondevelopmental items
other than commercial products’’;
(II) in paragraphs (3) and (4), by striking ‘‘commer-
cial items or, to the extent that commercial items suit-
able to meet the executive agency’s needs are not avail-
able, nondevelopmental items other than commercial
items’’ and inserting ‘‘commercial services or commer-
cial products or, to the extent that commercial products
suitable to meet the executive agency’s needs are not
available, nondevelopmental items other than commer-
cial products’’; and
(III) in paragraphs (5) and (6), by striking
‘‘commercial items’’ and inserting ‘‘commercial products
and commercial services’’;
(iv) in subsection (d)(2), by striking ‘‘commercial items
or, to the extent that commercial items suitable to meet
the executive agency’s needs are not available, nondevelop-
mental items other than commercial items’’ and inserting
‘‘commercial services or commercial products or, to the
extent that commercial products suitable to meet the execu-
tive agency’s needs are not available, nondevelopmental
items other than commercial products’’; and
(v) in subsection (e)—
(I) in paragraph (1), by inserting ‘‘103a, 104,’’ after
‘‘sections 102, 103,’’;
(II) in paragraph (2)(A), by striking ‘‘commercial
dkrause on DSKBC28HB2PROD with PUBLAWS
items’’ and inserting ‘‘commercial products or commer-
cial services’’;
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00228 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1863
(III) in the first sentence of paragraph (2)(B), by
striking ‘‘commercial end items’’ and inserting ‘‘end
items that are commercial products’’;
(IV) in paragraphs (2)(B)(i), (2)(C)(i) and (2)(D),
by striking ‘‘commercial items or commercial compo-
nents’’ and inserting ‘‘commercial products, commercial
components, or commercial services’’;
(V) in paragraph (2)(C), in the matter preceding
clause (i), by striking ‘‘commercial items’’ and inserting
‘‘commercial products or commercial services’’;
(VI) in paragraph (4)(A), by striking ‘‘commercial
items’’ and inserting ‘‘commercial products or commer-
cial services’’;
(VII) in paragraph (4)(C)(i), by striking ‘‘commer-
cial item, as described in section 103(5)’’ and inserting
‘‘commercial product, as described in section 103a(1)’’;
and
(VIII) in paragraph (5), by striking ‘‘items’’ each
place it appears and inserting ‘‘products’’.
(B)(i) The heading of such section is amended to read 41 USC 3307.
as follows:
‘‘§ 3307. Preference for commercial products and commercial
services’’.
(ii) The table of sections at the beginning of chapter 33 41 USC 3301
is amended by striking the item relating to section 3307 and prec.
inserting the following new item:
‘‘3307. Preference for commercial products and commercial services.’’.
(11) Section 3501 is amended—
(A) in subsection (a)—
(i) by striking paragraph (1);
(ii) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively; and
(iii) in paragraph (2) (as so redesignated), by
striking ‘‘commercial items’’ and inserting ‘‘commercial
products or commercial services’’; and
(B) in subsection (b)—
(i) by striking ‘‘ITEM’’ in the heading for paragraph
(1); and
(ii) by striking ‘‘commercial items’’ in paragraphs
(1) and (2)(A) and inserting ‘‘commercial services’’.
(12) Section 3503 is amended—
(A) in subsection (a)(2), by striking ‘‘a commercial item’’
and inserting ‘‘a commercial product or a commercial
service’’; and
(B) in subsection (b)—
(i) by striking ‘‘COMMERCIAL ITEMS’’ in the sub-
section heading and inserting ‘‘COMMERCIAL PRODUCTS
OR COMMERCIAL SERVICES’’; and
(ii) by striking ‘‘a commercial item’’ each place
it appears and inserting ‘‘a commercial product or a
commercial service’’.
(13) Section 3505(b) is amended by striking ‘‘commercial
dkrause on DSKBC28HB2PROD with PUBLAWS
items’’ each place it appears and inserting ‘‘commercial products
or commercial services’’.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00229 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1864 PUBLIC LAW 115–232—AUG. 13, 2018
41 USC 3509. (14) Section 3509(b) is amended by striking ‘‘commercial
items’’ and inserting ‘‘commercial products or commercial serv-
ices’’.
(15) Section 3704(c)(5) is amended by striking ‘‘commercial
item’’ and inserting ‘‘commercial product’’.
(16) Section 3901(b)(3) is amended by striking ‘‘commercial
items’’ and inserting ‘‘commercial products or commercial serv-
ices’’.
(17) Section 4301(2) is amended by striking ‘‘commercial
items’’ and inserting ‘‘commercial products or commercial serv-
ices’’.
(18)(A) Section 4505 is amended by striking ‘‘commercial
items’’ in subsections (a) and (c) and inserting ‘‘commercial
products or commercial services’’.
(B)(i) The heading of such section is amended to read
as follows:
‘‘§ 4505. Payments for commercial products and commercial
services’’.
41 USC 4501 (ii) The table of sections at the beginning of chapter 45
prec. is amended by striking the item relating to section 4505 and
inserting the following new item:
‘‘4505. Payments for commercial products and commercial services.’’.
(19) Section 4704(d) is amended by striking ‘‘commercial
items’’ both places it appears and inserting ‘‘commercial prod-
ucts or commercial services’’.
(20) Sections 8102(a)(1), 8703(d)(2), and 8704(b) are
amended by striking ‘‘commercial items (as defined in section
103 of this title)’’ and inserting ‘‘commercial products or
commercial services (as defined in sections 103 and 103a,
respectively, of this title)’’.
(c) AMENDMENTS TO CHAPTER 137 OF TITLE 10, UNITED STATES
CODE.—Chapter 137 of title 10, United States Code, is amended
as follows:
(1) Section 2302(3) is amended—
(A) by redesignating subparagraphs (J), (K), and (L)
as subparagraphs (K), (L), and (M); and
(B) by striking subparagraph (I) and inserting the fol-
lowing new subparagraphs (I) and (J):
‘‘(I) The term ‘commercial product’.
‘‘(J) The term ‘commercial service’.’’.
(2) Section 2304 is amended—
(A) in subsections (c)(5) and (f)(2)(B), by striking
‘‘brand-name commercial item’’ and inserting ‘‘brand-name
commercial product’’;
(B) in subsection (g)(1)(B), by striking ‘‘commercial
items’’ and inserting ‘‘commercial products or commercial
services’’; and
(C) in subsection (i)(3), by striking ‘‘commercial items’’
and inserting ‘‘commercial products’’.
(3) Section 2305 is amended—
(A) in subsection (a)(2), by striking ‘‘commercial items’’
and inserting ‘‘commercial products or commercial serv-
ices’’; and
dkrause on DSKBC28HB2PROD with PUBLAWS
(B) in subsection (b)(5)(B)(v), by striking ‘‘commercial
item’’ and inserting ‘‘commercial product’’.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00230 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1865
(4) Section 2306(b) is amended by striking ‘‘commercial 10 USC 2306.
items’’ and inserting ‘‘commercial products or commercial serv-
ices’’.
(5) Section 2306a is amended—
(A) in subsection (b)—
(i) in paragraph (1)(B), by striking ‘‘a commercial
item’’ and inserting ‘‘a commercial product or a
commercial service’’;
(ii) in paragraph (2)—
(I) by striking ‘‘COMMERCIAL ITEMS’’ in the
paragraph heading and inserting ‘‘COMMERCIAL
PRODUCTS OR COMMERCIAL SERVICES’’; and
(II) by striking ‘‘commercial item’’ each place
it appears and inserting ‘‘commercial product or
commercial services’’;
(iii) in paragraph (3)—
(I) by striking ‘‘COMMERCIAL ITEMS’’ in the
paragraph heading and inserting ‘‘COMMERCIAL
PRODUCTS’’; and
(II) by striking ‘‘item’’ each place it appears
and inserting ‘‘product’’; and
(iv) in paragraph (4)—
(I) by striking ‘‘COMMERCIAL ITEM’’ in the para-
graph heading and inserting ‘‘COMMERCIAL
PRODUCT OR COMMERCIAL SERVICE’’;
(II) by striking ‘‘commercial item’’ in subpara-
graph (A) after ‘‘applying the’’;
(III) by striking ‘‘prior commercial item deter-
mination’’ in subparagraph (A) and inserting ‘‘prior
commercial product or commercial service deter-
mination’’;
(IV) by striking ‘‘of such item’’ in subparagraph
(A) and inserting ‘‘of such product or service’’;
(V) by striking ‘‘of an item previously deter-
mined to be a commercial item’’ in subparagraph
(B) and inserting ‘‘of a product or service previously
determined to be a commercial product or a
commercial service’’;
(VI) by striking ‘‘of a commercial item,’’ in
subparagraph (B) and inserting ‘‘of a commercial
product or a commercial service, as the case may
be,’’;
(VII) by striking ‘‘the commercial item deter-
mination’’ in subparagraph (B) and inserting ‘‘the
commercial product or commercial service deter-
mination’’; and
(VIII) by striking ‘‘commercial item’’ in
subparagraph (C); and
(v) in paragraph (5), by striking ‘‘commercial
items’’ and inserting ‘‘commercial products or commer-
cial services’’;
(B) in subsection (d)(2), by striking ‘‘commercial items’’
each place it appears and inserting ‘‘commercial products
dkrause on DSKBC28HB2PROD with PUBLAWS
or commercial services’’; and
(C) in subsection (h)—
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00231 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1866 PUBLIC LAW 115–232—AUG. 13, 2018
(i) in paragraph (2), by striking ‘‘commercial items’’
and inserting ‘‘commercial products or commercial serv-
ices’’; and
(ii) by striking paragraph (3).
10 USC 2307. (6) Section 2307(f) is amended—
(A) by striking ‘‘COMMERCIAL ITEMS’’ in the subsection
heading and inserting ‘‘COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES’’; and
(B) by striking ‘‘commercial items’’ in paragraphs (1)
and (2) and inserting ‘‘commercial products and commercial
services’’.
(7) Section 2320(b) is amended—
(A) in paragraph (1), by striking ‘‘a commercial item,
the item’’ and inserting ‘‘a commercial product, the
product’’; and
(B) in paragraph (9)(A), by striking ‘‘any noncommer-
cial item or process’’ and inserting ‘‘any noncommercial
product or process’’.
(8) Section 2321(f) is amended—
(A) in paragraph (1)—
(i) by striking ‘‘commercial items’’ and inserting
‘‘commercial products’’; and
(ii) by striking ‘‘the item’’ both places it appears
and inserting ‘‘commercial products’’; and
(B) in paragraph (2)(A), in clauses (i) and (ii), by
striking ‘‘commercial item’’ and inserting ‘‘commercial
product’’.
(9) Section 2324(l)(1)(A) is amended by striking ‘‘commercial
items’’ and inserting ‘‘commercial products or commercial serv-
ices’’.
(10) Section 2335(b) is amended by striking ‘‘commercial
items’’ and inserting ‘‘commercial products and commercial
services’’.
(d) AMENDMENTS TO CHAPTER 140 OF TITLE 10, UNITED STATES
CODE.—Chapter 140 of title 10, United States Code, is amended
as follows:
(1) Section 2375 is amended—
(A) in subsection (a), by striking ‘‘commercial item’’
in paragraphs (1) and (2) and inserting ‘‘commercial product
or commercial service’’;
(B) in subsections (b) and (c)—
(i) by striking ‘‘COMMERCIAL ITEMS’’ in the sub-
section heading and inserting ‘‘COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES’’; and
(ii) by striking ‘‘commercial items’’ each place it
appears and inserting ‘‘commercial products and
commercial services’’; and
(C) in subsection (e)(3), by striking ‘‘commercial items’’
and inserting ‘‘commercial products and commercial serv-
ices’’.
(2) Section 2376(1) is amended—
(A) by striking ‘‘terms ‘commercial item’,’’ and inserting
‘‘terms ‘commercial product’, ‘commercial service’,’’; and
(B) by striking ‘‘chapter 1 of title 41’’ and inserting
‘‘sections 103, 103a, 110, 105, and 102, respectively, of
dkrause on DSKBC28HB2PROD with PUBLAWS
title 41’’.
(3) Section 2377 is amended—
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00232 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1867
(A) in subsection (a)—
(i) in paragraph (2), by striking ‘‘commercial items
or, to the extent that commercial items suitable to
meet the agency’s needs are not available, nondevelop-
mental items other than commercial items’’ and
inserting ‘‘commercial services or commercial products
or, to the extent that commercial products suitable
to meet the agency’s needs are not available, non-
developmental items other than commercial products’’;
and
(ii) in paragraph (3), by striking ‘‘commercial items
and nondevelopmental items other than commercial
items’’ and inserting ‘‘commercial services, commercial
products, and nondevelopmental items other than
commercial products’’;
(B) in subsection (b)—
(i) in paragraphs (1) and (2), by striking ‘‘commer-
cial items or nondevelopmental items other than
commercial items’’ and inserting ‘‘commercial services,
commercial products, or nondevelopmental items other
than commercial products’’;
(ii) in paragraphs (3) and (4), by striking ‘‘commer-
cial items or, to the extent that commercial items suit-
able to meet the agency’s needs are not available,
nondevelopmental items other than commercial items’’
and inserting ‘‘commercial services or commercial prod-
ucts or, to the extent that commercial products suitable
to meet the agency’s needs are not available, non-
developmental items other than commercial products’’;
and
(iii) in paragraphs (5) and (6), by striking ‘‘commer-
cial items’’ and inserting ‘‘commercial products and
commercial services’’;
(C) in subsection (c)—
(i) in paragraph (2), by striking ‘‘commercial items
or, to the extent that commercial items suitable to
meet the agency’s needs are not available, nondevelop-
mental items other than commercial items’’ and
inserting ‘‘commercial services or commercial products
or, to the extent that commercial products suitable
to meet the agency’s needs are not available, non-
developmental items other than commercial products’’;
and
(ii) in paragraph (4), by striking ‘‘items other than
commercial items’’ and inserting ‘‘products other than
commercial products or services other than commercial
services’’;
(D) in subsection (d)—
(i) in the first sentence, by striking ‘‘commercial
items’’ and inserting ‘‘commercial products or commer-
cial services’’;
(ii) in paragraph (1), by striking ‘‘items’’ and
inserting ‘‘products or services’’; and
dkrause on DSKBC28HB2PROD with PUBLAWS
(iii) in paragraph (2), by striking ‘‘items’’ and
inserting ‘‘products or services’’; and
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00233 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1868 PUBLIC LAW 115–232—AUG. 13, 2018
(E) in subsection (e)(1), by striking ‘‘commercial items’’
and inserting ‘‘commercial products and commercial serv-
ices’’.
10 USC 2379. (4) Section 2379 is amended—
(A) by striking ‘‘COMMERCIAL ITEMS’’ in the headings
of subsections (b) and (c) and inserting ‘‘COMMERCIAL PROD-
UCTS’’;
(B) in subsections (a)(1)(A), (b)(2), and (c)(1)(B), by
striking ‘‘, as defined in section 103 of title 41’’; and
(C) by striking ‘‘commercial item’’ and ‘‘commercial
items’’ each place they appear and inserting ‘‘commercial
product’’ and ‘‘commercial products’’, respectively.
(5) Section 2380 is amended—
(A) in subsection (a), by striking ‘‘commercial item
determinations’’ in paragraphs (1) and (2) and inserting
‘‘commercial product and commercial service determina-
tions’’; and
(B) in subsection (b) (as added by section 848 of the
National Defense Authorization Act for Fiscal Year 2018)—
(i) by striking ‘‘ITEM’’ in the subsection heading;
(ii) by striking ‘‘an item’’ each place it appears
and inserting ‘‘a product or service’’;
(iii) by striking ‘‘item’’ after ‘‘using commercial’’
each place it appears;
(iv) by striking ‘‘prior commercial item determina-
tion’’ and inserting ‘‘prior commercial product or service
determination’’;
(v) by striking ‘‘such item’’ and inserting ‘‘such
product or service’’; and
(vi) by striking ‘‘the item’’ both places it appears
and inserting ‘‘the product or service’’.
(6) Section 2380a is amended—
(A) in subsection (a)—
(i) by striking ‘‘items and’’ and inserting ‘‘products
and’’; and
(ii) by striking ‘‘commercial items’’ and inserting
‘‘commercial products and commercial services, respec-
tively,’’; and
(B) in subsection (b), by striking ‘‘commercial items’’
and inserting ‘‘commercial services’’.
(7) Section 2380B is amended by striking ‘‘commercial item’’
and inserting ‘‘commercial product’’.
(8) AMENDMENTS TO HEADINGS, ETC.—
10 USC 2375 (A) The heading of such chapter is amended to read
prec. as follows:
‘‘CHAPTER 140—PROCUREMENT OF COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES’’.
(B) The heading of section 2375 is amended to read
as follows:
‘‘§ 2375. Relationship of other provisions of law to procure-
ment of commercial products and commercial serv-
ices’’.
dkrause on DSKBC28HB2PROD with PUBLAWS
(C) The heading of section 2377 is amended to read
as follows:
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00234 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1869
‘‘§ 2377. Preference for commercial products and commercial
services’’.
(D) The heading of section 2379 is amended to read 10 USC 2379.
as follows:
‘‘§ 2379. Procurement of a major weapon system as a commer-
cial product: requirement for prior determination
by Secretary of Defense and notification to Con-
gress’’.
(E) The heading of section 2380 is amended to read
as follows:
‘‘§ 2380. Commercial product and commercial service deter-
minations by Department of Defense’’.
(F) The heading of section 2380a is amended to read
as follows:
‘‘§ 2380a. Treatment of certain products and services as
commercial products and commercial services’’.
(G) Section 2380B is redesignated as section 2380b
and the heading of that section is amended to read as
follows:
‘‘§ 2380b. Treatment of commingled items purchased by con-
tractors as commercial products’’.
(H) The table of sections at the beginning of such
chapter is amended to read as follows: 10 USC 2375
prec.
‘‘2375. Relationship of other provisions of law to procurement of commercial prod-
ucts and commercial services.
‘‘2376. Definitions.
‘‘2377. Preference for commercial products and commercial services.
‘‘2379. Procurement of a major weapon system as a commercial product: require-
ment for prior determination by Secretary of Defense and notification to
Congress.
‘‘2380. Commercial product and commercial service determinations by Department
of Defense.
‘‘2380a. Treatment of certain products and services as commercial products and com-
mercial services.
‘‘2380b. Treatment of commingled items purchased by contractors as commercial
products.’’.
(e) OTHER AMENDMENTS TO TITLE 10, UNITED STATES CODE.—
Title 10, United States Code, is further amended as follows:
(1) Section 2226(b) is amended by striking ‘‘for services’’
and all that follows through ‘‘deliverable items’’ and inserting
‘‘for services or deliverable items’’.
(2) Section 2384(b)(2) is amended by striking ‘‘commercial
items’’ and inserting ‘‘commercial products’’.
(3) Section 2393(d) is amended by striking ‘‘commercial
items (as defined in section 103 of title 41)’’ and inserting
‘‘commercial products or commercial services (as defined in
sections 103 and 103a, respectively, of title 41)’’.
(4) Section 2402(d) is amended—
(A) in paragraph (1), by striking ‘‘commercial items’’
both places it appears and inserting ‘‘commercial products
or commercial services’’; and
(B) in paragraph (2), by striking ‘‘the term’’ and all
that follows and inserting ‘‘the terms ‘commercial product’
dkrause on DSKBC28HB2PROD with PUBLAWS
and ‘commercial service’ have the meanings given those
terms in sections 103 and 103a, respectively, of title 41.’’.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00235 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1870 PUBLIC LAW 115–232—AUG. 13, 2018
10 USC 2408. (5) Section 2408(a)(4)(B) is amended by striking ‘‘commer-
cial items (as defined in section 103 of title 41)’’ and inserting
‘‘commercial products or commercial services (as defined in
sections 103 and 103a, respectively, of title 41)’’.
(6) Section 2410b(c) is amended by striking ‘‘commercial
items’’ and inserting ‘‘commercial products’’.
(7) Section 2410g(d)(1) is amended by striking ‘‘Commercial
items (as defined in section 103 of title 41)’’ and inserting
‘‘Commercial products or commercial services (as defined in
sections 103 and 103a, respectively, of title 41)’’.
(8) Section 2447a is amended—
(A) in subsection (a)(2), by striking ‘‘commercial items
and technologies’’ and inserting ‘‘commercial products and
technologies’’; and
(B) in subsection (c), by inserting before the period
at the end the following: ‘‘and the term ‘commercial product’
has the meaning given that term in section 103 of title
41’’.
(9) Section 2451(d) is amended by striking ‘‘commercial
items’’ and inserting ‘‘commercial products (as defined in section
103 of title 41)’’.
(10) Section 2464 is amended—
(A) in subsection (a)—
(i) in paragraph (3), by striking ‘‘commercial items’’
and inserting ‘‘commercial products or commercial serv-
ices’’; and
(ii) in paragraph (5), by striking ‘‘The commercial
items covered by paragraph (3) are commercial items’’
and inserting ‘‘The commercial products or commercial
services covered by paragraph (3) are commercial prod-
ucts (as defined in section 103 of title 41) or commercial
services (as defined in section 103a of such title)’’;
and
(B) in subsection (c)—
(i) by striking ‘‘COMMERCIAL ITEMS’’ in the sub-
section heading and inserting ‘‘COMMERCIAL PRODUCTS
OR COMMERCIAL SERVICES’’; and
(ii) by striking ‘‘commercial item’’ and inserting
‘‘commercial product or commercial service’’.
(11) Section 2484(f) is amended—
(A) by striking ‘‘COMMERCIAL ITEMS’’ in the subsection
heading and inserting ‘‘COMMERCIAL PRODUCTS’’; and
(B) by striking ‘‘commercial item’’ and inserting
‘‘commercial product’’.
(12) The items relating to chapter 140 in the tables of
chapters at the beginning of subtitle A, and at the beginning
10 USC 101 of part IV of subtitle A, are amended to read as follows:
prec., 2201 prec. ‘‘140. Procurement of Commercial Products and Commercial Serv-
ices ............................................................................................................ 2377’’.
(f) AMENDMENTS TO PROVISIONS OF NATIONAL DEFENSE
AUTHORIZATION ACTS.—
(1) Section 806(b) of the National Defense Authorization
Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 10
U.S.C. 2302 note) is amended by striking ‘‘commercial items
dkrause on DSKBC28HB2PROD with PUBLAWS
(as defined in section 103 of title 41, United States Code)’’
and inserting ‘‘commercial products or commercial services (as
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00236 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1871
defined in sections 103 and 103a, respectively, of title 41, United
States Code)’’.
(2) Section 821(e) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106–398; 10 U.S.C. 2302 note) is amended—
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph (2).
(3) Section 821(b) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2304
note) is amended—
(A) in paragraph (1), by striking ‘‘a commercial item’’
and inserting ‘‘a commercial product or a commercial
service’’;
(B) in paragraph (2), by striking ‘‘commercial item’’
and inserting ‘‘commercial product’’; and
(C) by adding at the end the following new paragraph:
‘‘(3) The term ‘commercial service’ has the meaning pro-
vided by section 103a of title 41, United States Code.’’.
(4) Section 817(d) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107–314;
10 U.S.C. 2306a note) is amended—
(A) in paragraph (1), by striking ‘‘commercial item
exceptions’’ and inserting ‘‘commercial product-commercial
service exceptions’’; and
(B) in paragraph (2), by striking ‘‘commercial item
exception’’ and inserting ‘‘commercial product-commercial
service exception’’;
(5) Section 852(b)(2)(A)(ii) of the National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109–364;
10 U.S.C. 2324 note) is amended by striking ‘‘a commercial
item, as defined in section 103 of title 41’’ and inserting ‘‘a
commercial product or a commercial service, as defined in sec-
tions 103 and 103a, respectively, of title 41’’.
(6) Section 805 of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2330
note) is amended—
(A) in subsection (b), by striking ‘‘commercial items’’
in paragraphs (1) and (2)(A) and inserting ‘‘commercial
services’’; and
(B) in subsection (c)—
(i) by striking ‘‘ITEM’’ in the headings for para-
graphs (1) and (2) and inserting ‘‘SERVICES’’;
(ii) in the matter in paragraph (1) preceding
subparagraph (A), by striking ‘‘commercial item’’ and
inserting ‘‘commercial service’’;
(iii) in paragraph (1)(A), by striking ‘‘a commercial
item, as described in section 103(5) of title 41’’ and
inserting ‘‘a service, as described in section 103a(1)
of title 41’’;
(iv) in paragraph (1)(C)(i), by striking ‘‘section
103(6) of title 41’’ and inserting ‘‘section 103a(2) of
title 41’’; and
(v) in paragraph (2), by striking ‘‘item’’ and
inserting ‘‘service’’.
(7) Section 849(d) of the National Defense Authorization
dkrause on DSKBC28HB2PROD with PUBLAWS
Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2377
note) is amended—
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00237 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1872 PUBLIC LAW 115–232—AUG. 13, 2018
(A) by striking ‘‘commercial items’’ in paragraph (1)
and inserting ‘‘commercial products’’;
(B) by striking ‘‘commercial item’’ in paragraph (3)(B)(i)
and inserting ‘‘commercial product’’; and
(C) by adding at the end the following new paragraph:
‘‘(5) DEFINITION.—In this subsection, the term ‘commercial
product’ has the meaning given that term in section 103 of
title 41.’’.
(8) Section 856(a)(1) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2377
note) is amended by striking ‘‘commercial items or services’’
and inserting ‘‘a commercial product or a commercial service,
as defined in sections 103 and 103a, respectively, of title 41,’’.
(9) Section 879 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2302
note) is amended—
(A) in the section heading, by striking ‘‘COMMERCIAL
ITEMS’’ and inserting ‘‘COMMERCIAL PRODUCTS’’;
(B) in subsection (a), by striking ‘‘commercial items’’
and inserting ‘‘commercial products’’;
(C) in subsection (c)(3)—
(i) by striking ‘‘COMMERCIAL ITEMS’’ in the para-
graph heading and inserting ‘‘COMMERCIAL PRODUCTS
OR COMMERCIAL SERVICES’’; and
(ii) by striking ‘‘commercial items’’ and inserting
‘‘commercial products or commercial services’’; and
(D) in subsection (e)(2), by striking ‘‘item’’ in subpara-
graphs (A) and (B) and inserting ‘‘products’’.
(10) Section 880 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114–328; 41 U.S.C. 3301
note) is amended by striking ‘‘commercial items’’ in subsection
(a)(1) and inserting ‘‘commercial products’’.
(g) CONFORMING AMENDMENTS TO OTHER STATUTES.—
(1) Section 604(g) of the American Recovery and Reinvest-
ment Act of 2009 (6 U.S.C. 453b(g)) is amended—
(A) by striking ‘‘COMMERCIAL ITEMS’’ in the subsection
heading and inserting ‘‘COMMERCIAL PRODUCTS’’;
(B) by striking ‘‘procurement of commercial’’ in the
first sentence and all that follows through ‘‘items listed’’
and inserting ‘‘procurement of commercial products not-
withstanding section 1906 of title 41, United States Code,
with the exception of commercial products listed’’; and
(C) in the second sentence—
(i) by inserting ‘‘product’’ after ‘‘commercial’’; and
(ii) by striking ‘‘in the’’ and all that follows and
inserting ‘‘in section 103 of title 41, United States
Code.’’.
(2) Section 142 of the Higher Education Act of 1965 (20
U.S.C. 1018a) is amended—
(A) in subsection (e)—
(i) by striking ‘‘COMMERCIAL ITEMS’’ in the sub-
section heading and inserting ‘‘COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES’’;
(ii) by striking ‘‘that commercial items’’ and
dkrause on DSKBC28HB2PROD with PUBLAWS
inserting ‘‘that commercial products or commercial
services’’;
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00238 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1873
(iii) by striking ‘‘special rules for commercial items’’
and inserting ‘‘special rules for commercial products
and commercial services’’;
(iv) by striking ‘‘without regard to—’’ and all that
follows through ‘‘dollar limitation’’ and inserting ‘‘with-
out regard to any dollar limitation’’;
(v) by striking ‘‘; and’’ and inserting a period; and
(vi) by striking paragraph (2);
(B) in subsection (f)—
(i) by striking ‘‘ITEMS’’ in the subsection heading
and inserting ‘‘PRODUCTS AND SERVICES’’;
(ii) by striking ‘‘ITEMS’’ in the heading of paragraph
(2) and inserting ‘‘PRODUCTS AND SERVICES’’; and
(iii) by striking ‘‘a commercial item’’ in paragraph
(2) and inserting ‘‘a commercial product or a commer-
cial service’’;
(C) in subsection (h)—
(i) by striking ‘‘ITEMS’’ in the subsection heading
and inserting ‘‘SERVICES’’; and
(ii) by striking ‘‘commercial items’’ in paragraph
(1) and inserting ‘‘commercial services’’; and
(D) in subsection (l)—
(i) by redesignating paragraphs (2), (3), (4), and
(5) as paragraphs (3), (4), (5), and (6), respectively;
(ii) by striking paragraph (1) and inserting the
following new paragraphs:
‘‘(1) COMMERCIAL PRODUCT.—The term ‘commercial product’
has the meaning given the term in section 103 of title 41,
United States Code.
‘‘(2) COMMERCIAL SERVICE.—The term ‘commercial service’
has the meaning given the term in section 103a of title 41,
United States Code.’’;
(iii) in paragraph (3), as so redesignated, by
striking ‘‘in section’’ and all that follows and inserting
‘‘in section 152 of title 41, United States Code.’’;
(iv) in paragraph (5), as so redesignated—
(I) by striking ‘‘COMMERCIAL ITEMS’’ in the
paragraph heading and inserting ‘‘COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES’’;
(II) by striking ‘‘commercial items’’ and
inserting ‘‘commercial products and commercial
services’’; and
(III) by striking ‘‘pursuant to’’ and all that
follows and inserting ‘‘pursuant to sections 1901
and 3305(a) of title 41, United States Code.’’; and
(v) in paragraph (6), as so redesignated, by striking
‘‘pursuant to’’ and all that follows and inserting ‘‘pursu-
ant to sections 1901(a)(1) and 3305(a)(1) of title 41,
United States Code.’’.
(3) Section 3901(a)(4)(A)(ii)(II) of title 31, United States
Code, is amended by striking ‘‘commercial item’’ and inserting
‘‘commercial product’’.
(4) Section 2455(c)(1) of the Federal Acquisition Stream-
lining Act of 1994 (31 U.S.C. 6101 note) is amended by striking
‘‘commercial items’’ and inserting ‘‘commercial products’’.
dkrause on DSKBC28HB2PROD with PUBLAWS
(5) Section 508(f) of the Federal Water Pollution Control
Act (33 U.S.C. 1368(f)) is amended—
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00239 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1874 PUBLIC LAW 115–232—AUG. 13, 2018
(A) in paragraph (1), by striking ‘‘commercial items’’
and inserting ‘‘commercial products or commercial serv-
ices’’; and
(B) in paragraph (2), by striking ‘‘the term’’ and all
that follows and inserting ‘‘the terms ‘commercial product’
and ‘commercial service’ have the meanings given those
terms in sections 103 and 103a, respectively, of title 41,
United States Code.’’.
(6) Section 3707 of title 40, United States Code, is amended
by striking ‘‘a commercial item (as defined in section 103 of
title 41)’’ and inserting ‘‘a commercial product (as defined in
section 103 of title 41) or a commercial service (as defined
in section 103a of title 41)’’.
(7) Subtitle III of title 40, United States Code, is amended—
(A) in section 11101(1), by striking ‘‘COMMERCIAL
ITEM.—The term ‘commercial item’ has’’ and inserting
‘‘COMMERCIAL PRODUCT.—The term ‘commercial product’
has’’; and
(B) in section 11314(a)(3), by striking ‘‘items’’ each
place it appears and inserting ‘‘products’’.
(8) Section 8301(g) of the Federal Acquisition Streamlining
Act of 1994 (42 U.S.C. 7606 note) is amended by striking
‘‘commercial items’’ and inserting ‘‘commercial products or
commercial services’’.
(9) Section 40118(f) of title 49, United States Code, is
amended—
(A) in paragraph (1), by striking ‘‘commercial items’’
and inserting ‘‘commercial products’’; and
(B) in paragraph (2), by striking ‘‘commercial item’’
and inserting ‘‘commercial product’’.
(10) Chapter 501 of title 51, United States Code, is
amended—
(A) in section 50113(c)—
(i) by striking ‘‘COMMERCIAL ITEM’’ in the sub-
section heading and inserting ‘‘COMMERCIAL PRODUCT
OR COMMERCIAL SERVICE’’; and
(ii) by striking ‘‘commercial item’’ in the second
sentence and inserting ‘‘commercial product or commer-
cial service’’; and
(B) in section 50115(b)—
(i) by striking ‘‘COMMERCIAL ITEM’’ in the sub-
section heading and inserting ‘‘COMMERCIAL PRODUCT
OR COMMERCIAL SERVICE’’; and
(ii) by striking ‘‘commercial item’’ in the second
sentence and inserting ‘‘commercial product or commer-
cial service’’; and
(C) in section 50132(a)—
(i) by striking ‘‘COMMERCIAL ITEM’’ in the sub-
section heading and inserting ‘‘COMMERCIAL SERVICE’’;
and
(ii) by striking ‘‘commercial item’’ in the second
sentence and inserting ‘‘commercial service’’.
6 USC 453b note. (h) EFFECTIVE DATE AND SAVINGS PROVISION.—The amend-
ments made by subsections (a) through (g) shall take effect on
January 1, 2020. Any provision of law that on the day before
dkrause on DSKBC28HB2PROD with PUBLAWS
such effective date is on a list of provisions of law included in
the Federal Acquisition Regulation pursuant to section 1907 of
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00240 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1875
title 41, United States Code, shall be deemed as of that effective
date to be on a list of provisions of law included in the Federal
Acquisition Regulation pursuant to section 1906 of such title.
(i) IMPLEMENTATION PLAN REQUIRED.—Not later than April
1, 2019, the Under Secretary of Defense for Acquisition and
Sustainment, in coordination with members of the Defense Business
Board, the Defense Science Board, and the Defense Innovation
Board as appropriate, shall submit to the Committees on Armed
Services of the Senate and the House of Representatives an
implementation plan that contains the following elements:
(1) An implementation timeline and schedule, to include
substantive, technical, and conforming changes to the law that
the Under Secretary deems appropriate and necessary, to
include revising definitions or categories of items, products,
and services.
(2) A review of recommendations by the independent panel
created under section 809 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 889)
pertaining to commercial items.
(3) A review of commercial item provisions from the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114–92), the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114–328), the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115–91),
and other relevant legislation.
(4) An analysis of the extent to which the Department
of Defense should treat commercial service contracts and
commercial products in a similar manner.
(5) Such other matters with respect to commercial item
procurement as the Under Secretary considers appropriate.
SEC. 837. LIMITATION ON APPLICABILITY TO DEPARTMENT OF
DEFENSE COMMERCIAL CONTRACTS OF CERTAIN PROVI-
SIONS OF LAW.
(a) SECTION 2375.—Section 2375(b)(2) of title 10, United States
Code, is amended by striking ‘‘January 1, 2015’’ and inserting
‘‘October 13, 1994’’.
(b) SECTION 2533A.—Section 2533a(i) of such title is amended—
(1) in the subsection heading, by striking ‘‘ITEMS’’ and
inserting ‘‘PRODUCTS’’; and
(2) by striking ‘‘commercial items’’ and inserting ‘‘commer-
cial products’’.
(c) SECTION 2533B.—Section 2533b(h) of such title is amended—
(1) in the subsection heading, by striking ‘‘ITEMS’’ and
inserting ‘‘PRODUCTS’’; and
(2) by striking ‘‘commercial items’’ each place it appears
and inserting ‘‘commercial products’’.
SEC. 838. MODIFICATIONS TO PROCUREMENT THROUGH COMMERCIAL
E-COMMERCE PORTALS.
(a) IN GENERAL.—Section 846 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115–91; 41
U.S.C. 1901 note) is amended—
(1) in subsection (f), by adding at the end the following
new paragraph:
‘‘(5) A procurement of a product made through a commercial
dkrause on DSKBC28HB2PROD with PUBLAWS
e-commerce portal under the program established pursuant
to subsection (a) is deemed to satisfy requirements for full
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00241 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1876 PUBLIC LAW 115–232—AUG. 13, 2018
and open competition pursuant to section 2304 of title 10,
United States Code, and section 3301 of title 41, United States
Code, if—
‘‘(A) there are offers from two or more suppliers of
such a product or similar product with substantially the
same physical, functional, or performance characteristics
on the online marketplace; and
‘‘(B) the Administrator establishes procedures to imple-
ment subparagraph (A) and notifies Congress at least 30
days before implementing such procedures.’’; and
(2) in subsection (h), by striking paragraph (3) and inserting
the following:
‘‘(3) agree not to use, for pricing, marketing, competitive,
or other purposes, any information, including any Government-
owned data, such as purchasing trends or spending habits,
related to a product from a third-party supplier featured on
the commercial e-commerce portal or the transaction of such
product, except as necessary to comply with the requirements
of the program established in subsection (a).’’.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the implementation of any e-commerce portal under
such section 846 to procure commercial products will be done
in a manner that will enhance competition, expedite procure-
ment, and ensure reasonable pricing of commercial products;
(2) the implementation of the e-commerce portal will be
completed with multiple contracts with multiple commercial
e-commerce portal providers; and
(3) the Administrator of the General Services Administra-
tion should require any e-commerce portal provider to take
the necessary precautions to safeguard data of all other e-
commerce portal providers and any third-party suppliers.
SEC. 839. REVIEW OF FEDERAL ACQUISITION REGULATIONS ON
COMMERCIAL PRODUCTS, COMMERCIAL SERVICES, AND
COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEMS.
(a) REVIEW OF DETERMINATIONS NOT TO EXEMPT CONTRACTS
FOR COMMERCIAL PRODUCTS, COMMERCIAL SERVICES, AND COMMER-
CIALLY AVAILABLE OFF-THE-SHELF ITEMS FROM CERTAIN LAWS AND
REGULATIONS.—Not later than one year after the date of the enact-
ment of this Act, the Federal Acquisition Regulatory Council shall—
(1) review each determination of the Federal Acquisition
Regulatory Council pursuant to section 1906(b)(2), section
1906(c)(3), or section 1907(a)(2) of title 41, United States Code,
not to exempt contracts or subcontracts from laws which such
contracts and subcontracts would otherwise be exempt from
under section 1906(d) of title 41, United States Code; and
(2) propose revisions to the Federal Acquisition Regulation
to provide an exemption from each law subject to such deter-
mination unless the Council determines that there is a specific
reason not to provide the exemptions pursuant to section 1906
of such title or the Administrator for Federal Procurement
Policy determines there is a specific reason not to provide
the exemption pursuant to section 1907 of such title.
(b) REVIEW OF CERTAIN CONTRACT CLAUSE REQUIREMENTS
APPLICABLE TO COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
dkrause on DSKBC28HB2PROD with PUBLAWS
CONTRACTS.—Not later than one year after the date of the enact-
ment of this Act, the Federal Acquisition Regulatory Council shall—
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00242 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1877
(1) review the Federal Acquisition Regulation to assess
all regulations that require a specific contract clause for a
contract using commercial product or commercial services
acquisition procedures under part 12 of the Federal Acquisition
Regulation, except for regulations required by law or Executive
order; and
(2) propose revisions to the Federal Acquisition Regulation
to eliminate regulations reviewed under paragraph (1) unless
the Federal Acquisition Regulatory Council determines on a
case-by-case basis that there is a specific reason not to eliminate
the regulation.
(c) ELIMINATION OF CERTAIN CONTRACT CLAUSE REGULATIONS
APPLICABLE TO COMMERCIALLY AVAILABLE OFF-THE-SHELF ITEM
SUBCONTRACTS.—Not later than one year after the date of the
enactment of this Act, the Federal Acquisition Regulatory Council
shall—
(1) review the Federal Acquisition Regulation to assess
all regulations that require a prime contractor to include a
specific contract clause in a subcontract for commercially avail-
able off-the-shelf items unless the inclusion of such clause
is required by law or Executive order; and
(2) propose revisions to the Federal Acquisition Regulation
to eliminate regulations reviewed under paragraph (1) unless
the Federal Acquisition Regulatory Council determines on a
case-by-case basis that there is a specific reason not to eliminate
the regulation.
(d) REPORT TO CONGRESS.—
(1) REQUIREMENT.—Not later than one year after the date
of the enactment of this Act, the Federal Acquisition Regulatory
Council shall submit to the committees listed in paragraph
(2) a report on the results of the reviews under this section.
(2) COMMITTEES LISTED.—The committees listed in this
paragraph are the following:
(A) The Committee on Armed Services and the Com-
mittee on Homeland Security and Governmental Affairs
of the Senate.
(B) The Committee on Armed Services and the Com-
mittee on Oversight and Government Reform of the House
of Representatives.
Subtitle E—Industrial Base Matters
SEC. 841. REPORT ON LIMITED SOURCING OF SPECIFIC COMPONENTS
FOR NAVAL VESSELS.
(a) REPORT REQUIRED.—Not later than March 1, 2019, the
Secretary of the Navy shall submit to the congressional defense
committees a report that provides, for the components described
in subsection (b), a market survey, a cost assessment, national
security considerations, and a recommendation regarding whether
competition for the procurement of the components should be lim-
ited to sources in the national technology and industrial base (as
defined in section 2500 of title 10, United States Code).
(b) COMPONENTS.—The components described in this subsection
are the following:
dkrause on DSKBC28HB2PROD with PUBLAWS
(1) Naval vessel components listed in section 2534(a)(3)
of title 10, United States Code.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00243 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1878 PUBLIC LAW 115–232—AUG. 13, 2018
(2) The following components for auxiliary ships:
(A) Auxiliary equipment, including pumps.
(B) Propulsion system components, including engines,
reduction gears, and propellers.
(C) Shipboard cranes.
(D) Spreaders for shipboard cranes.
10 USC 2536 SEC. 842. REMOVAL OF NATIONAL INTEREST DETERMINATION
note. REQUIREMENTS FOR CERTAIN ENTITIES.
(a) IN GENERAL.—Effective October 1, 2020, a covered NTIB
entity operating under a special security agreement pursuant to
the National Industrial Security Program shall not be required
to obtain a national interest determination as a condition for access
to proscribed information.
(b) ACCELERATION AUTHORIZED.—Notwithstanding the effective
date of this section, the Secretary of Defense, in consultation with
the Director of the Information Security Oversight Office, may
waive the requirement to obtain a national interest determination
for a covered NTIB entity operating under such a special security
agreement that has—
(1) a demonstrated successful record of compliance with
the National Industrial Security Program; and
(2) previously been approved for access to proscribed
information.
(c) DEFINITIONS.—In this section:
(1) COVERED NTIB ENTITY.—The term ‘‘covered NTIB entity’’
means a person that is a subsidiary located in the United
States—
(A) for which the ultimate parent company and any
intermediate parent companies of such subsidiary are
located in a country that is part of the national technology
and industrial base (as defined in section 2500 of title
10, United States Code); and
(B) that is subject to the foreign ownership, control,
or influence requirements of the National Industrial Secu-
rity Program.
(2) PROSCRIBED INFORMATION.—The term ‘‘proscribed
information’’ means information that is—
(A) classified at the level of top secret;
(B) communications security information (excluding
controlled cryptographic items when un-keyed or utilized
with unclassified keys);
(C) restricted data (as defined in section 11 of the
Atomic Energy Act of 1954 (42 U.S.C. 2014));
(D) special access program information under section
4.3 of Executive Order No. 13526 (75 Fed. Reg. 707; 50
U.S.C. 3161 note) or successor order; or
(E) designated as sensitive compartmented informa-
tion.
10 USC 2302 SEC. 843. PILOT PROGRAM TO TEST MACHINE-VISION TECHNOLOGIES
note. TO DETERMINE THE AUTHENTICITY AND SECURITY OF
MICROELECTRONIC PARTS IN WEAPON SYSTEMS.
(a) PILOT PROGRAM AUTHORIZED.—The Undersecretary of
dkrause on DSKBC28HB2PROD with PUBLAWS
Defense for Research and Engineering, in coordination with the
Defense Microelectronics Activity, shall establish a pilot program
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00244 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1879
to test the feasibility and reliability of using machine-vision tech-
nologies to determine the authenticity and security of microelec-
tronic parts in weapon systems.
(b) OBJECTIVES OF PILOT PROGRAM.—The Undersecretary of
Defense for Research and Engineering, in coordination with the
Defense Microelectronics Activity, shall design any pilot program
conducted under this section to determine the following:
(1) The effectiveness and technology readiness level of
machine-vision technologies to determine the authenticity of
microelectronic parts at the time of the creation of such part
through final insertion of such part into weapon systems.
(2) The best method of incorporating machine-vision tech-
nologies into the process of developing, transporting, and
inserting microelectronics into weapon systems.
(3) The rules, regulations, or processes that hinder the
development and incorporation of machine-vision technologies,
and the application of such rules, regulations, or processes
to mitigate counterfeit microelectronics proliferation throughout
the Department of Defense.
(c) CONSULTATION.—To develop the pilot program under this
section, the Undersecretary of Defense for Research and
Engineering, in coordination with the Defense Microelectronics
Activity, may consult with the following entities:
(1) Manufacturers of semiconductors or electronics.
(2) Industry associations relating to semiconductors or elec-
tronics.
(3) Original equipment manufacturers of products for the
Department of Defense.
(4) Nontraditional defense contractors (as defined in section
2302(9) of title 10, United States Code) that are machine vision
companies.
(5) Federal laboratories (as defined in section 2500(5) of
title 10, United States Code).
(6) Other elements of the Department of Defense that
fall under the authority of the Undersecretary of Defense for
Research and Engineering.
(d) COMMENCEMENT AND DURATION.—The pilot program estab-
lished under this section shall be established not later than April
1, 2019, and all activities under such pilot program shall terminate
not later than December 31, 2020.
SEC. 844. LIMITATION ON CERTAIN PROCUREMENTS APPLICATION
PROCESS.
(a) IN GENERAL.—Section 2534 of title 10, United States Code,
is amended by adding at the end the following new subsections:
‘‘(k) LIMITATION ON CERTAIN PROCUREMENTS APPLICATION
PROCESS.—
‘‘(1) IN GENERAL.—The Secretary of Defense shall admin-
ister a process to analyze and assess potential items for consid-
eration to be required to be procured from a manufacturer
that is part of the national technology and industrial base.
‘‘(2) ELEMENTS.—The application process required under
paragraph (1) shall include the following elements:
‘‘(A) The Secretary shall designate an official within
the Office of the Secretary of Defense responsible for
dkrause on DSKBC28HB2PROD with PUBLAWS
administration of the limitation on certain procurements
application process and associated policy.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00245 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1880 PUBLIC LAW 115–232—AUG. 13, 2018
‘‘(B) A person or organization that meets the definition
of national technology and industrial base under section
2500(1) of this title shall have the opportunity to apply
for status as an item required to be procured from a manu-
facturer that is part of the national technology and indus-
trial base. The application shall include, at a minimum,
the following information:
‘‘(i) Information demonstrating the applicant meets
the criteria of a manufacturer in the national tech-
nology and industrial base under section 2500(1) of
this title.
‘‘(ii) For each item the applicant seeks to be
required to be procured from a manufacturer that is
part of the national technology and industrial base,
the applicant shall include the following information:
‘‘(I) The extent to which such item has
commercial applications.
‘‘(II) The number of such items to be procured
by current programs of record.
‘‘(III) The criticality of such item to a military
unit’s mission accomplishment.
‘‘(IV) The estimated cost and other consider-
ations of reconstituting the manufacturing capa-
bility of such item, if not maintained in the
national technology and industrial base.
‘‘(V) National security regulations or restric-
tions imposed on such item that may not be
imposed on a non-national technology and indus-
trial base competitor.
‘‘(VI) Non-national security-related Federal,
State, and local government regulations imposed
on such item that may not be imposed on a non-
national technology and industrial base competitor.
‘‘(VII) The extent to which such item is fielded
in current programs of record.
‘‘(VIII) The extent to which cost and pricing
data for such item has been deemed fair and
reasonable.
‘‘(3) CONSIDERATION OF APPLICATIONS.—
‘‘(A) RESPONSIBILITY OF DESIGNATED OFFICIAL.—The
official designated pursuant to paragraph (2)(A) shall be
responsible for providing complete applications submitted
pursuant to this subsection to the appropriate component
acquisition executive for consideration not later than 15
days after receipt of such application.
‘‘(B) REVIEW.—Not later than 120 days after receiving
a complete application, the component acquisition executive
shall review such application, make a determination, and
return the application to the official designated pursuant
to paragraph (2)(A).
‘‘(C) ELEMENTS OF DETERMINATION.—The determina-
tion required under subparagraph (B) shall, for each item
proposed pursuant to paragraph (2)(B)(ii)—
‘‘(i) recommend inclusion under this section;
‘‘(ii) recommend inclusion under this section with
dkrause on DSKBC28HB2PROD with PUBLAWS
further modifications; or
‘‘(iii) not recommend inclusion under this section.
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00246 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1881
‘‘(D) JUSTIFICATION.—The determination required
under subparagraph (B) shall also include the rationale
and justification for the determination.
‘‘(4) RECOMMENDATIONS FOR LEGISLATION.—For applica-
tions recommended under subsection (3), the official designated
pursuant to paragraph (2)(A) shall be responsible for preparing
a legislative proposal for consideration by the Secretary.’’.
(b) EFFECTIVE DATE.—This section and the amendments made 10 USC 2534
by this section shall take effect one year after the date of the note.
enactment of this Act.
SEC. 845. REPORT ON DEFENSE ELECTRONICS INDUSTRIAL BASE.
(a) IN GENERAL.—Not later than January 31, 2019, the Sec-
retary of Defense, in consultation with the Executive Agent for
Printed Circuit Board and Interconnect Technology and the Director
of the Office of Management and Budget, shall submit to Congress
a report examining the health of the defense electronics industrial
base, including analog and passive electronic parts, substrates,
printed boards, assemblies, connectors, cabling, and related areas,
both domestically and within the national technology and industrial
base.
(b) ELEMENTS.—The report required under subsection (a) shall
include the following elements:
(1) An examination of current and planned partnerships
with the commercial industry.
(2) Analysis of the current and future defense electronics
industrial base.
(3) Threat assessment related to system security.
(4) An assessment of the health of the engineering and
production workforce.
(5) A description of the electronics supply chain require-
ments of defense systems integral to meeting the goals of
the 2018 National Defense Strategy.
(6) Recommended actions to address areas deemed deficient
or vulnerable, and a plan to formalize long-term resourcing
for the Executive Agent.
(7) Any other areas matters determined relevant by the
Secretary.
SEC. 846. SUPPORT FOR DEFENSE MANUFACTURING COMMUNITIES 10 USC 2501
TO SUPPORT THE DEFENSE INDUSTRIAL BASE. note.
(a) PROGRAM AUTHORIZED.—
(1) IN GENERAL.—The Secretary of Defense may, in
coordination with the Secretary of Commerce and working in
coordination with the defense manufacturing institutes, estab-
lish within the Department of Defense a program to make
long-term investments in critical skills, facilities, research and
development, and small business support in order to strengthen
the national security innovation base by designating and sup-
porting consortiums as defense manufacturing communities.
(2) DESIGNATION.—The program authorized by this section
shall be known as the ‘‘Defense Manufacturing Community
Support Program’’ (in this section referred to as the ‘‘Program’’).
(b) DESIGNATION OF DEFENSE MANUFACTURING COMMUNITIES
COMPLEMENTARY TO DEFENSE MANUFACTURING INSTITUTES.—
dkrause on DSKBC28HB2PROD with PUBLAWS
(1) IN GENERAL.—The Secretary of Defense may designate
eligible consortiums as defense manufacturing communities
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00247 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1882 PUBLIC LAW 115–232—AUG. 13, 2018
through a competitive process, and in coordination with the
defense manufacturing institutes.
(2) ELIGIBLE CONSORTIUMS.—The Secretary may establish
eligibility criteria for a consortium to participate in the Pro-
gram. In developing such criteria, the Secretary may consider
the merits of—
(A) including members from academia, defense
industry, commercial industry, and State and local govern-
ment organizations;
(B) supporting efforts in geographical regions that have
capabilities in key technologies or industrial base supply
chains that are determined critical to national security;
(C) optimal consortium composition and size to promote
effectiveness, collaboration, and efficiency; and
(D) complementarity with defense manufacturing
institutes.
(3) DURATION.—Each designation under paragraph (1) shall
be for a period of five years.
(4) RENEWAL.—
(A) IN GENERAL.—The Secretary may renew a designa-
tion made under paragraph (1) for up to two additional
two-year periods. Any designation as a defense manufac-
turing community or renewal of such designation that is
in effect before the date of the enactment of this Act shall
count toward the limit set forth in this subparagraph.
(B) EVALUATION FOR RENEWAL.—The Secretary shall
establish criteria for the renewal of a consortium. In estab-
lishing such criteria, the Secretary may consider—
(i) the performance of the consortium in meeting
the established goals of the Program;
(ii) the progress the consortium has made with
respect to project-specific metrics, particularly with
respect to those metrics that were designed to help
communities track their own progress;
(iii) whether any changes to the composition of
the eligible consortium or revisions of the plan for
the consortium would improve the capabilities of the
defense industrial base;
(iv) the effectiveness of coordination with defense
manufacturing institutes; and
(v) such other criteria as the Secretary considers
appropriate.
(5) APPLICATION FOR DESIGNATION.—An eligible consortium
seeking a designation under paragraph (1) shall submit an
application to the Secretary at such time and in such manner
as the Secretary may require. In developing such procedures,
the Secretary may consider the inclusion of—
(A) a description of the regional boundaries of the
consortium, and the defense manufacturing capacity of the
region;
(B) an evidence-based plan for enhancing the defense
industrial base through the efforts of the consortium;
(C) the investments the consortium proposes and the
strategy of the consortium to address gaps in the defense
industrial base;
dkrause on DSKBC28HB2PROD with PUBLAWS
(D) a description of the outcome-based metrics, bench-
marks, and milestones that will track and the evaluation
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00248 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1883
methods that will be used to gauge performance of the
consortium;
(E) how the initiatives will complement defense manu-
facturing institutes; and
(F) such other matters as the Secretary considers
appropriate.
(c) FINANCIAL AND TECHNICAL ASSISTANCE.—
(1) IN GENERAL.—Under the Program, the Secretary of
Defense may award financial or technical assistance to a
member of a consortium designated as a defense manufacturing
community under the Program as appropriate for purposes
of the Program.
(2) USE OF FUNDS.—A recipient of financial or technical
assistance under the Program may use such financial or tech-
nical assistance to support an investment that will improve
the defense industrial base.
(3) INVESTMENTS SUPPORTED.—Investments supported
under this subsection may include activities not already pro-
vided for by defense manufacturing institutes on—
(A) equipment or facility upgrades;
(B) workforce training, retraining, or recruitment and
retention, including that of women and underrepresented
minorities;
(C) business incubators;
(D) advanced research and commercialization,
including with Federal laboratories and depots;
(E) supply chain development; and
(F) small business assistance.
(d) RECEIPT OF TRANSFERRED FUNDS.—The Secretary of Defense
may accept amounts transferred to the Secretary from the head
of another agency or a State or local governmental organization
to carry out this section.
SEC. 847. LIMITATION ON PROCUREMENT OF CERTAIN ITEMS FOR
T–AO–205 PROGRAM.
Effective during fiscal year 2019, the Secretary of Defense
may procure the following items for the T–AO–205 program only
if the manufacturer of the item is in the United States:
(1) Auxiliary equipment, including pumps, for all shipboard
services.
(2) Propulsion system components, including engines,
reduction gears, and propellers.
(3) Shipboard cranes.
(4) Spreaders for shipboard cranes.
Subtitle F—Small Business Matters
SEC. 851. DEPARTMENT OF DEFENSE SMALL BUSINESS STRATEGY.
(a) IN GENERAL.—Chapter 136 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 2283. Department of Defense small business strategy 10 USC 2283.
‘‘(a) IN GENERAL.—The Secretary of Defense shall implement
a small business strategy for the Department of Defense that meets
the requirements of this section.
dkrause on DSKBC28HB2PROD with PUBLAWS
‘‘(b) UNIFIED MANAGEMENT STRUCTURE.—As part of the small
business strategy described in subsection (a), the Secretary shall
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00249 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1884 PUBLIC LAW 115–232—AUG. 13, 2018
ensure that there is a unified management structure within the
Department for the functions of the Department relating to—
‘‘(1) programs and activities related to small business con-
cerns (as defined in section 3 of the Small Business Act);
‘‘(2) manufacturing and industrial base policy; and
‘‘(3) any procurement technical assistance program estab-
lished under chapter 142 of this title.
‘‘(c) PURPOSE OF SMALL BUSINESS PROGRAMS.—The Secretary
shall ensure that programs and activities of the Department of
Defense related to small business concerns are carried out so as
to further national defense programs and priorities and the state-
ments of purpose for Department of Defense acquisition set forth
in section 801 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115–91; 131 Stat. 1449).
‘‘(d) POINTS OF ENTRY INTO DEFENSE MARKET.—The Secretary
shall ensure—
‘‘(1) that opportunities for small business concerns to con-
tract with the Department of Defense are identified clearly;
and
‘‘(2) that small business concerns are able to have access
to program managers, contracting officers, and other persons
using the products or services of such concern to the extent
necessary to inform such persons of emerging and existing
capabilities of such concerns.
‘‘(e) ENHANCED OUTREACH UNDER PROCUREMENT TECHNICAL
ASSISTANCE PROGRAM MARKET.—The Secretary shall enable and
promote activities to provide coordinated outreach to small business
concerns through any procurement technical assistance program
established under chapter 142 of this title to facilitate small busi-
ness contracting with the Department of Defense.’’.
10 USC 2283 (b) IMPLEMENTATION.—
note. (1) DEADLINE.—The Secretary of Defense shall develop the
small business strategy required by section 2283 of title 10,
United States Code, as added by subsection (a), not later than
180 days after the date of the enactment of this Act.
(2) NOTICE TO CONGRESS AND PUBLICATION.—Upon comple-
tion of the development of the small business strategy pursuant
to paragraph (1), the Secretary shall—
(A) transmit the strategy to Congress; and
(B) publish the strategy on a public website of the
Department of Defense.
(c) CLERICAL AMENDMENT.—The table of sections at the begin-
10 USC 2281 ning of such chapter is amended by adding at the end the following
prec. new item:
‘‘2283. Department of Defense small business strategy.’’.
SEC. 852. PROMPT PAYMENTS OF SMALL BUSINESS CONTRACTORS.
Section 2307(a) of title 10, United States Code, is amended—
(1) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively;
(2) by striking ‘‘The head of any agency may—’’ and
inserting ‘‘(1) The head of any agency may’’; and
(3) by adding at the end the following new paragraph:
‘‘(2)(A) For a prime contractor (as defined in section 8701 of
title 41) that is a small business concern (as defined in section
dkrause on DSKBC28HB2PROD with PUBLAWS
3 of the Small Business Act (15 U.S.C. 632)), the Secretary of
Defense shall, to the fullest extent permitted by law, establish
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00250 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1885
an accelerated payment date with a goal of 15 days after receipt
of a proper invoice for the amount due if a specific payment date
is not established by contract.
‘‘(B) For a prime contractor that subcontracts with a small
business concern, the Secretary of Defense shall, to the fullest
extent permitted by law, establish an accelerated payment date
with a goal of 15 days after receipt of a proper invoice for the
amount due if—
‘‘(i) a specific payment date is not established by contract;
and
‘‘(ii) the prime contractor agrees to make payments to the
subcontractor in accordance with the accelerated payment date,
to the maximum extent practicable, without any further consid-
eration from or fees charged to the subcontractor.’’.
SEC. 853. INCREASED PARTICIPATION IN THE SMALL BUSINESS
ADMINISTRATION MICROLOAN PROGRAM.
(a) DEFINITIONS.—In this section:
(1) The term ‘‘intermediary’’ has the meaning given that
term in section 7(m)(11) of the Small Business Act (15 U.S.C.
636(m)(11)).
(2) The term ‘‘microloan program’’ means the program
established under section 7(m) of the Small Business Act (15
U.S.C. 636(m)).
(b) MICROLOAN INTERMEDIARY LENDING LIMIT INCREASED.—Sec-
tion 7(m)(3)(C) of the Small Business Act (15 U.S.C. 636(m)(3)(C))
is amended by striking ‘‘$5,000,000’’ and inserting ‘‘$6,000,000’’.
(c) SBA STUDY OF MICROENTERPRISE PARTICIPATION.—Not later
than one year after the date of the enactment of this section,
the Administrator of the Small Business Administration shall con-
duct a study and submit to the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report on—
(1) the operations (including services provided, structure,
size, and area of operation) of a representative sample of—
(A) intermediaries that are eligible to participate in
the microloan program and that do participate; and
(B) intermediaries that are eligible to participate in
the microloan program and that do not participate;
(2) the reasons why eligible intermediaries described in
paragraph (1)(B) choose not to participate in the microloan
program;
(3) recommendations on how to encourage increased partici-
pation in the microloan program by eligible intermediaries
described in paragraph (1)(B); and
(4) recommendations on how to decrease the costs associ-
ated with participation in the microloan program for eligible
intermediaries.
(d) GAO STUDY ON MICROLOAN INTERMEDIARY PRACTICES.—
Not later than one year after the date of the enactment of this
section, the Comptroller General of the United States shall submit
to the Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives a report evaluating—
(1) oversight of the microloan program by the Small Busi-
dkrause on DSKBC28HB2PROD with PUBLAWS
ness Administration, including oversight of intermediaries
participating in the microloan program; and
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00251 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1886 PUBLIC LAW 115–232—AUG. 13, 2018
(2) the specific processes used by the Small Business
Administration to ensure—
(A) compliance by intermediaries participating in the
microloan program; and
(B) the overall performance of the microloan program.
SEC. 854. AMENDMENTS TO SMALL BUSINESS INNOVATION RESEARCH
PROGRAM AND SMALL BUSINESS TECHNOLOGY TRANSFER
PROGRAM.
(a) EXTENSION OF PILOT PROGRAMS.—Section 9 of the Small
Business Act (15 U.S.C. 638) is amended—
(1) in subsection (cc), by striking ‘‘2017’’ and inserting
‘‘2022’’;
(2) in subsection (gg)(7), by striking ‘‘2017’’ and inserting
‘‘2022’’;
(3) in subsection (jj)—
(A) in paragraph (4)(A), by striking ‘‘3’’ and inserting
‘‘4’’; and
(B) in paragraph (7), by striking ‘‘2017’’ and inserting
‘‘2022’’;
(4) in subsection (mm)—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘2017’’ and inserting ‘‘2022’’;
(ii) in subparagraph (I), by striking ‘‘and’’ at the
end;
(iii) in subparagraph (J), by striking the period
at the end and inserting ‘‘; and’’; and
(iv) by adding at the end the following:
‘‘(K) funding for improvements that increase com-
monality across data systems, reduce redundancy, and
improve data oversight and accuracy.’’; and
(5) by adding at the end the following:
‘‘(tt) OUTSTANDING REPORTS AND EVALUATIONS.—
‘‘(1) IN GENERAL.—Not later than March 30, 2019, the
Administrator shall submit to the Committee on Small Business
and Entrepreneurship of the Senate, the Committee on Small
Business of the House of Representatives, and the Committee
on Science, Space, and Technology of the House of Representa-
tives—
‘‘(A) each report, evaluation, or analysis, as applicable,
described in subsection (b)(7), (g)(9), (o)(10), (y)(6)(C),
(gg)(6), (jj)(6), and (mm)(6); and
‘‘(B) metrics regarding, and an evaluation of, the
authority provided to the National Institutes of Health,
the Department of Defense, and the Department of Edu-
cation under subsection (cc).
‘‘(2) INFORMATION REQUIRED.—Not later than December 31,
2018, the head of each agency that is responsible for carrying
out a provision described in subparagraph (A) or (B) of para-
graph (1) shall submit to the Administrator any information
that is necessary for the Administrator to carry out the respon-
sibilities of the Administrator under that paragraph.’’.
(b) ACCELERATING SBIR AND STTR AWARDS.—Section 9 of the
dkrause on DSKBC28HB2PROD with PUBLAWS
Small Business Act (15 U.S.C. 638) is amended—
(1) in subsection (hh)—
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00252 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
PUBLIC LAW 115–232—AUG. 13, 2018 132 STAT. 1887
(A) by striking ‘‘Federal agencies’’ and inserting the
following:
‘‘(1) IN GENERAL.—Federal agencies’’;
(B) in paragraph (1), as so designated, by striking
‘‘attempt to’’; and
(C) by adding at the end the following:
‘‘(2) PILOT PROGRAM TO ACCELERATE DEPARTMENT OF
DEFENSE SBIR AND STTR AWARDS.—
‘‘(A) IN GENERAL.—Not later than 1 year after the
date of enactment of this paragraph, the Under Secretary
of Defense for Research and Engineering, acting through
the Director of Defense Procurement and Acquisition Policy
of the Department of Defense, shall establish a pilot pro-
gram to reduce the time for awards under the SBIR and
STTR programs of the Department of Defense, under which
the Department of Defense shall—
‘‘(i) develop simplified and standardized procedures
and model contracts throughout the Department of
Defense for Phase I, Phase II, and Phase III SBIR
awards;
‘‘(ii) for Phase I SBIR and STTR awards, reduce
the amount of time between solicitation closure and
award;
‘‘(iii) for Phase II SBIR and STTR awards, reduce
the amount of time between the end of a Phase I
award and the start of the Phase II award;
‘‘(iv) for Phase II SBIR and STTR awards that
skip Phase I, reduce the amount of time between solici-
tation closure and award;
‘‘(v) for sequential Phase II SBIR and STTR
awards, reduce the amount of time between Phase
II awards; and
‘‘(vi) reduce the award times described in clauses
(ii), (iii), (iv), and (v) to be as close to 90 days as
possible.
‘‘(B) CONSULTATION.—In carrying out the pilot program
under subparagraph (A), the Director of Defense Procure-
ment and Acquisition Policy of the Department of Defense
shall consult with the Director of the Office of Small Busi-
ness Programs of the Department of Defense.
‘‘(C) TERMINATION.—The pilot program under subpara-
graph (A) shall terminate on September 30, 2022.’’; and
(2) in subsection (ii)—
(A) by striking ‘‘Federal agencies’’ and inserting the
following:
‘‘(1) IN GENERAL.—Federal agencies’’; and
(B) by adding at the end the following:
‘‘(2) COMPTROLLER GENERAL REPORTS.—The Comptroller
General of the United States shall submit to the Committee
on Small Business and Entrepreneurship of the Senate, the
Committee on Armed Services of the Senate, the Committee
on Small Business of the House of Representatives, and the
Committee on Armed Services of the House of Representa-
tives—
‘‘(A) not later than 1 year after the date of enactment
dkrause on DSKBC28HB2PROD with PUBLAWS
of this paragraph, and every year thereafter for 3 years,
a report that—
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00253 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
132 STAT. 1888 PUBLIC LAW 115–232—AUG. 13, 2018
‘‘(i) provides the average and median amount of
time that each component of the Department of
Defense with an SBIR or STTR program takes to
review and make a final decision on proposals sub-
mitted under the program; and
‘‘(ii) compares that average and median amount
of time with that of other Federal agencies partici-
pating in the SBIR or STTR program; and
‘‘(B) not later than December 5, 2021, a report that—
‘‘(i) includes the information described in subpara-
graph (A);
‘‘(ii) assesses where each Federal agency partici-
pating in the SBIR or STTR program needs improve-
ment with respect to the proposal review and award
times under the program;
‘‘(iii) identifies best practices for shortening the
proposal review and award times under the SBIR and
STTR programs, including the pros and cons of using
contracts compared to grants; and
‘‘(iv) analyzes the efficacy of the pilot program
established under subsection (hh)(2).’’.
(c) IMPROVEMENTS TO TECHNICAL AND BUSINESS ASSISTANCE.—
(1) IN GENERAL.—Section 9(q) of the Small Business Act
(15 U.S.C. 638(q)) is amended—
(A) in the subsection heading, by inserting ‘‘AND BUSI-
NESS’’ after ‘‘TECHNICAL’’;
(B) in paragraph (1)—
(i) in the matter preceding subparagraph (A)—
(I) by striking ‘‘a vendor selected under para-
graph (2)’’ and inserting ‘‘1 or more vendors
selected under paragraph (2)(A)’’;
(II) by inserting ‘‘and business’’ before ‘‘assist-
ance services’’; and
(III) by inserting ‘‘assistance with product
sales, intellectual property protections, market
research, market validation, and development of
regulatory plans and manufacturing plans,’’ after
‘‘technologies,’’; and
(ii) in subparagraph (D), by inserting ‘‘, including
intellectual property protections’’ before the period at
the end;
(C) in paragraph (2)—
(i) in the first sentence, by striking ‘‘Each agency
may select a vendor to assist small business concerns
to meet’’ and inserting the following:
‘‘(A) IN GENERAL.—Each agency may select 1 or more
vendors from which small business concerns may obtain
assistance in meeting’’; and
(ii) by adding at the end the following:
‘‘(B) SELECTION BY SMALL BUSINESS CONCERN.—A small
business concern may, by contract or otherwise, select 1
or more vendors to assist the small business concern in
meeting the goals listed in paragraph (1).’’; and
(D) in paragraph (3)—
dkrause on DSKBC28HB2PROD with PUBLAWS
(i) by inserting ‘‘(A)’’ after ‘‘paragraph (2)’’ each
place that term appears;
VerDate Sep 11 2014 11:43 Nov 13, 2019 Jkt 089139 PO 00232 Frm 00254 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL232.115 PUBL232
File and source
- File
- PLAW-115publ232.pdf
- Size
- 2,204,258 bytes
- SHA-256
- 46927b5a8580d24789fde05d95a9b6b2edabda4396fe1c2d30545a7352c7563c
- Our copy
- PLAW-115publ232.pdf
- Original
- www.govinfo.gov