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Unformatted text preview: PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1283 Public Law 115–91
To authorize appropriations for fiscal year 2018 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes. Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘National Defense Authorization
Act for Fiscal Year 2018’’. Dec. 12, 2017
[H.R. 2810] National Defense
Act for Fiscal
Year 2018. SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. (a) DIVISIONS.—This Act is organized into four divisions as
(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:
4. Short title.
Organization of Act into divisions; table of contents.
Congressional defense committees.
Budgetary effects of this Act.
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT Subtitle A—Authorization Of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B—Army Programs
Sec. 111. Authority to expedite procurement of 7.62mm rifles.
Sec. 112. Limitation on availability of funds for Increment 2 of the Warfighter Information Network-Tactical program.
Sec. 113. Limitation on availability of funds for upgrade of M113 vehicles.
Subtitle C—Navy Programs
Multiyear procurement authority for Arleigh Burke class destroyers.
Multiyear procurement authority for Virginia class submarine program.
Design and construction of the lead ship of the amphibious ship replacement designated LX(R) or amphibious transport dock designated LPD–
Sec. 126. Multiyear procurement authority for V–22 Osprey aircraft.
Sec. 127. Extension of limitation on use of sole-source shipbuilding contracts for
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125. 13:05 Jun 14, 2018 Jkt 079139 PO 00091 Frm 00001 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL091.115 PUBL091 131 STAT. 1284 PUBLIC LAW 115–91—DEC. 12, 2017 Sec. 128. Limitation on availability of funds for the enhanced multi-mission parachute system.
Sec. 129. Report on Navy capacity to increase production of certain rotary wing aircraft.
Subtitle D—Air Force Programs
Sec. 131. Inventory requirement for Air Force fighter aircraft.
Sec. 132. Prohibition on availability of funds for retirement of E–8 JSTARS aircraft.
Sec. 133. Requirement for continuation of JSTARS aircraft recapitalization program.
Sec. 134. Limitation on selection of single contractor for C–130H avionics modernization program increment 2.
Sec. 135. Limitation on availability of funds for EC–130H Compass Call recapitalization program.
Sec. 136. Limitation on retirement of U–2 and RQ–4 aircraft.
Sec. 137. Cost-benefit analysis of upgrades to MQ–9 Reaper aircraft.
Sec. 138. Plan for modernization of the radar for F–16 fighter aircraft of the National Guard.
Sec. 139. Comptroller General review of Air Force fielding plan for HH–60 replacement programs.
Subtitle E—Defense-wide, Joint, and Multiservice Matters
Sec. 141. F–35 economic order quantity contracting authority.
Sec. 142. Authority for explosive ordnance disposal units to acquire new or emerging technologies and capabilities.
Sec. 143. Requirement that certain aircraft and unmanned aerial vehicles use
specified standard data link.
Sec. 144. Reinstatement of requirement to preserve certain C–5 aircraft; mobility
capability and requirements study.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
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Sec. Subtitle B—Program Requirements, Restrictions, and Limitations
Cost controls for presidential aircraft recapitalization program.
Capital investment authority.
Prizes for advanced technology achievements.
Joint Hypersonics Transition Office.
Department of Defense directed energy weapon system prototyping and
216. Appropriate use of authority for prototype projects.
217. Mechanisms for expedited access to technical talent and expertise at academic institutions to support Department of Defense missions.
218. Modification of laboratory quality enhancement program.
219. Reauthorization of Department of Defense Established Program to Stimulate Competitive Research.
220. Codification and enhancement of authorities to provide funds for defense
laboratories for research and development of technologies for military
221. Expansion of definition of competitive procedures to include competitive
selection for award of science and technology proposals.
222. Inclusion of modeling and simulation in test and evaluation activities for
purposes of planning and budget certification.
223. Limitation on availability of funds for F–35 Joint Strike Fighter FollowOn Modernization.
224. Improvement of update process for populating mission data files used in
advanced combat aircraft.
225. Support for national security innovation and entrepreneurial education.
226. Limitation on cancellation of designation Executive Agent for a certain
Defense Production Act program.
215. Subtitle C—Reports and Other Matters
Sec. 231. Columbia-class program accountability matrices.
Sec. 232. Review of barriers to innovation in research and engineering activities of
the Department of Defense.
Sec. 233. Pilot program to improve incentives for technology transfer from Department of Defense laboratories.
Sec. 234. Competitive acquisition plan for low probability of detection data link networks. VerDate Sep 11 2014 13:05 Jun 14, 2018 Jkt 079139 PO 00091 Frm 00002 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL091.115 PUBL091 PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1285 Sec. 235. Clarification of selection dates for pilot program for the enhancement of
the research, development, test, and evaluation centers of the Department of Defense.
Sec. 236. Requirement for a plan to build a prototype for a new ground combat vehicle for the Army.
Sec. 237. Plan for successfully fielding the Integrated Air and Missile Defense Battle Command System.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B—Energy and Environment
Sec. 311. Military Aviation and Installation Assurance Siting Clearinghouse.
Sec. 312. Energy performance goals and master plan.
Sec. 313. Payment to Environmental Protection Agency of stipulated penalty in
connection with Umatilla Chemical Depot, Oregon.
Sec. 314. Payment to Environmental Protection Agency of stipulated penalty in
connection with Longhorn Army Ammunition Plant, Texas.
Sec. 315. Department of the Army cleanup and removal of petroleum, oil, and lubricant associated with the Prinz Eugen.
Sec. 316. Centers for Disease Control study on health implications of per- and
polyfluoroalkyl substances contamination in drinking water.
Sec. 317. Sentinel Landscapes Partnership.
Sec. 318. Report on release of radium or radioactive material into the groundwater
near the industrial reserve plant in Bethpage, New York.
Subtitle C—Logistics and Sustainment
Sec. 321. Reauthorization of multi-trades demonstration project.
Sec. 322. Increased percentage of sustainment funds authorized for realignment to
restoration and modernization at each installation.
Sec. 323. Guidance regarding use of organic industrial base.
Sec. 331. Quarterly reports on personnel and unit readiness.
Sec. 332. Biennial report on core depot-level maintenance and repair capability.
Sec. 333. Annual report on personnel, training, and equipment needs of non-federalized National Guard.
Sec. 334. Annual report on military working dogs used by the Department of Defense.
Sec. 335. Report on effects of climate change on Department of Defense.
Sec. 336. Report on optimization of training in and management of special use airspace.
Sec. 337. Plan for modernized, dedicated Department of the Navy adversary air
Sec. 338. Updated guidance regarding biennial core report.
Subtitle E—Other Matters
Sec. 341. Explosive safety board.
Sec. 342. Servicewomen’s commemorative partnerships.
Sec. 343. Limitation on availability of funds for advanced skills management software system of the Navy.
Sec. 344. Cost-benefit analysis of uniform specifications for Afghan military or security forces.
Sec. 345. Temporary installation reutilization authority for arsenals, depots, and
Sec. 346. Comprehensive plan for sharing depot-level maintenance best practices.
Sec. 347. Pilot program for operation and maintenance budget presentation.
Sec. 348. Repurposing and reuse of surplus Army firearms.
Sec. 349. Department of the Navy marksmanship awards.
Sec. 350. Civilian training for National Guard pilots and sensor operator aircrews
of MQ–9 unmanned aerial vehicles.
Sec. 351. Training for National Guard personnel on wildfire response.
Sec. 352. Modification of the Second Division Memorial. dkrause on DSKBC28HB2PROD with PUBLAWS 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. VerDate Sep 11 2014 13:05 Jun 14, 2018 Jkt 079139 PO 00091 Frm 00003 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL091.115 PUBL091 131 STAT. 1286 PUBLIC LAW 115–91—DEC. 12, 2017 Subtitle B—Reserve Forces
End strengths for Selected Reserve.
End strengths for Reserves on active duty in support of the reserves.
End strengths for military technicians (dual status).
Fiscal year 2018 limitation on number of non-dual status technicians.
Maximum number of reserve personnel authorized to be on active duty
for operational support.
Sec. 416. Number of members of the National Guard on full-time duty in support
of the reserves within the National Guard Bureau.
415. Subtitle C—Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Modification of deadline for submittal by officers of written communications to promotion selection boards on matters of importance to their selection.
Sec. 502. Clarification to exception for removal of officers from list of officers recommended for promotion after 18 months without appointment.
Sec. 503. Modification of requirement for specification of number of officers who
may be recommended for early retirement by a Selective Early Retirement Board.
Sec. 504. Extension of service-in-grade waiver authority for voluntary retirement of
certain general and flag officers for purposes of enhanced flexibility in
officer personnel management.
Sec. 505. Inclusion of Principal Military Deputy to the Assistant Secretary of the
Army for Acquisition, Technology, and Logistics among officers subject
to repeal of statutory specification of general officer grade.
Sec. 506. Clarification of effect of repeal of statutory specification of general or flag
officer grade for various positions in the Armed Forces.
Sec. 507. Standardization of authorities in connection with repeal of statutory specification of general officer grade for the Dean of the Academic Board of
the United States Military Academy and the Dean of the Faculty of the
United States Air Force Academy.
Sec. 508. Flexibility in promotion of officers to positions of Staff Judge Advocate to
the Commandant of the Marine Corps and Deputy Judge Advocate General of the Navy or Air Force.
Sec. 509. Grandfathering of retired grade of Assistant Judge Advocates General of
the Navy as of repeal of statutory specification of general and flag officers grades in the Armed Forces.
Subtitle B—Reserve Component Management
Sec. 511. Equal treatment of orders to serve on active duty under sections 12304a
and 12304b of title 10, United States Code.
Sec. 512. Service credit for cyberspace experience or advanced education upon original appointment as a commissioned officer.
Sec. 513. Consolidation of authorities to order members of the reserve components
of the Armed Forces to perform duty.
Sec. 514. Pilot program on use of retired senior enlisted members of the Army National Guard as Army National Guard recruiters.
Subtitle C—General Service Authorities dkrause on DSKBC28HB2PROD with PUBLAWS PART I—MATTERS RELATING TO DISCHARGE AND CORRECTION OF MILITARY RECORDS
Sec. 520. Consideration of additional medical evidence by Boards for the Correction
of Military Records and liberal consideration of evidence relating to
post-traumatic stress disorder or traumatic brain injury.
Sec. 521. Public availability of information related to disposition of claims regarding discharge or release of members of the Armed Forces when the
claims involve sexual assault.
Sec. 522. Confidential review of characterization of terms of discharge of members
who are victims of sex-related offenses.
Sec. 523. Training requirements for members of boards for the correction of military records and personnel who investigate claims of retaliation.
Sec. 524. Pilot program on use of video teleconferencing technology by boards for
the correction of military records and discharge review boards.
PART II—OTHER GENERAL SERVICE AUTHORITIES
Sec. 526. Modification of basis for extension of period for enlistment in the Armed
Forces under the Delayed Entry Program. VerDate Sep 11 2014 13:05 Jun 14, 2018 Jkt 079139 PO 00091 Frm 00004 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL091.115 PUBL091 PUBLIC LAW 115–91—DEC. 12, 2017 131 STAT. 1287 Sec. 527. Reauthorization of authority to order retired members to active duty in
high-demand, low-density assignments.
Sec. 528. Notification of members of the Armed Forces undergoing certain administrative separations of potential eligibility for veterans benefits.
Sec. 529. Extension of authority of the Secretary of Veterans Affairs to provide for
the conduct of medical disability examinations by contract physicians.
Sec. 530. Provision of information on naturalization through military service.
Subtitle D—Military Justice and Other Legal Issues
Sec. 531. Clarifying amendments related to the Uniform Code of Military Justice
reform by the Military Justice Act of 2016.
Sec. 532. Enhancement of effective prosecution and defense in courts-martial and
Sec. 533. Punitive article under the Uniform Code of Military Justice on wrongful
broadcast or distribution of intimate visual images or visual images of
sexually explicit conduct.
Sec. 534. Garnishment to satisfy judgment rendered for physically, sexually, or
emotionally abusing a child.
Sec. 535. Sexual assault prevention and response training for all individuals enlisted in the Armed Forces under a delayed entry program.
Sec. 536. Special Victims’ Counsel training regarding the unique challenges often
faced by male victims of sexual assault.
Sec. 537. Inclusion of information in annual SAPRO reports regarding military sexual harassment and incidents involving nonconsensual distribution of
private sexual images.
Sec. 538. Inclusion of information in annual SAPRO reports regarding sexual assaults committed by a member of the Armed Forces against the member’s spouse or other family member.
Subtitle E—Member Education, Training, Resilience, and Transition
Sec. 541. Element in preseparation counseling for members of the Armed Forces on
assistance and support services for caregivers of certain veterans
through the Department of Veterans Affairs.
Sec. 542. Improved employment assistance for members of the Army, Navy, Air
Force, and Marine Corps and veterans.
Sec. 543. Limitation on release of military service academy graduates to participate
in professional athletics.
Sec. 544. Two-year extension of suicide prevention and resilience program for the
National Guard and Reserves.
Sec. 545. Annual certifications related to Ready, Relevant Learning initiative of the
Sec. 546. Authority to expand eligibility for the United States Military Apprenticeship Program.
Sec. 547. Limitation on availability of funds for attendance of Air Force enlisted
personnel at Air Force officer professional military education in-residence courses.
Sec. 548. Lieutenant Henry Ossian Flipper Leadership Scholarships.
Sec. 549. Pilot programs on appointment in the excepted service in the Department
of Defense of physically disqualified former cadets and midshipmen.
Subtitle F—Defense Dependents’ Education and Military Family Readiness Matters dkrause on DSKBC28HB2PROD with PUBLAWS PART I—DEFENSE DEPENDENTS’ EDUCATION MATTERS
Sec. 551. Assistance to schools with military dependent students.
Sec. 552. Transitions of military dependent students from Department of Defense
dependent schools to other schools and among schools of local educational agencies.
Sec. 553. Report on educational opportunities in science, technology, engineering,
and mathematics for children who are dependents of members of the
PART II—MILITARY FAMILY READINESS MATTERS
Sec. 555. Codification of authority to conduct family support programs for immediate family members of members of the Armed Forces assigned to special operations forces.
Sec. 556. Reimbursement for State licensure and certification costs of a spouse of
a member of the Armed Forces arising from relocation to another State.
Sec. 557. Temporary extension of extended period of protections for members of
uniformed services relating to mortgages, mortgage foreclosure, and
Sec. 558. Enhancing military childcare programs and activities of the Department
of Defense. VerDate Sep 11 2014 13:05 Jun 14, 2018 Jkt 079139 PO 00091 Frm 00005 Fmt 6580 Sfmt 6582 E:\PUBLAW\PUBL091.115 PUBL091 131 STAT. 1288 PUBLIC LAW 115–91—DEC. 12, 2017 Sec. 559. Direct hire authority for Department of Defense for childcare services providers for Department child development centers.
Sec. 560. Pilot program on public-private partnerships for telework facilities for
military spouses on military installations outside the United States.
Subtitle G—Decorations and Awards
Sec. 561. Authorization for award of the Medal of Honor to Garlin M. Conner for
acts of valor during World War II.
Sec. 562. Authorization for award of Distinguished-Service Cross to Specialist
Frank M. Crary for acts of valor in Vietnam.
Subtitle H—Miscellaneous Reporting Requirements
Sec. 571. Analysis and report on accompanied and unaccompanied tours of duty in
remote locations with high family support costs.
Sec. 572. Review and reports on policies for regular and reserve officer career management.
Sec. 573. Review and report on effects of personnel requirements and limitations on
the availability of members of the National Guard for the performance
of funeral honors duty for veterans.
Sec. 574. Review and report on authorities for the employment, use, and status of
National Guard and Reserve technicians.
Sec. 575. Assessment and report on expanding and contracting for childcare services of the Department of Defense.
Sec. 576. Review and report on compensation provided childcare services providers
of the Department of Defense.
Sec. 577. Comptroller General of the United States assessment and report on the
Office of Complex Investigations within the National Guard Bureau.
Sec. 578. Modification of submittal date of Comptroller General of the United
States report on integrity of the Department of Defense whistleblower
Subtitle I—Other Matters
Sec. 581. Expansion of United States Air Force Institute of Technology enroll...
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