[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2500 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 512
116th CONGRESS
2d Session
H. R. 2500
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 10, 2019
Received
August 11, 2020
Read twice and placed on the calendar
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2020 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 2020''.
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.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Navy Programs
Sec. 111. Modification of annual report on cost targets for certain
aircraft carriers.
Sec. 112. Repeal of requirement to adhere to Navy cost estimates for
certain aircraft carriers.
Sec. 113. Ford class aircraft carrier support for F-35C aircraft.
Sec. 114. Prohibition on use of funds for reduction of aircraft carrier
force structure.
Sec. 115. Design and construction of amphibious transport dock
designated LPD-31.
Sec. 116. Limitation on availability of funds pending quarterly updates
on the CH-53K King Stallion helicopter
program.
Sec. 117. Limitation on availability of funds for VH-92A helicopter.
Sec. 118. National Defense Reserve Fleet Vessel.
Sec. 119. Report on plans to support and maintain aircraft at Marine
Corps air stations.
Subtitle C--Air Force Programs
Sec. 121. Modification of requirement to preserve certain C-5 aircraft.
Sec. 122. Modification of limitation on use of funds for KC-46A
aircraft.
Sec. 123. F-15EX aircraft program.
Sec. 124. Prohibition on availability of funds for reduction in KC-10
primary mission aircraft inventory.
Sec. 125. Limitation on availability of funds for VC-25B aircraft.
Sec. 126. Limitation on availability of funds for retirement of RC-135
aircraft.
Sec. 127. Report on aircraft fleet of the Civil Air Patrol.
Sec. 128. Increase in funding for RC-135 aircraft.
Sec. 129. Provisions relating to RC-26B manned intelligence,
surveillance, and reconnaissance aircraft.
Sec. 130. Air Force Aggressor Squadron Modernization.
Sec. 130A. Open Skies Treaty aircraft recapitalization program.
Subtitle D--Defense-wide, Joint, and Multiservice Matters
Sec. 131. Economic order quantity contracting and buy-to-budget
acquisition for F-35 aircraft program.
Sec. 132. Program requirements for the F-35 aircraft program.
Sec. 133. Reports on F-35 aircraft program.
Sec. 134. Requirement to seek compensation for failure to deliver non-
Ready-For-Issue spare parts for the F-35
aircraft program.
Sec. 135. Procurement authority for light attack 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. Program on enhancement of preparation of dependents of
members of Armed Forces for careers in
science, technology, engineering, and
mathematics.
Sec. 212. Temporary inclusion of joint artificial intelligence center
of the Department of Defense in personnel
management authority to attract experts in
science and engineering.
Sec. 213. Joint Hypersonics Transition Office.
Sec. 214. Modification of proof of concept commercialization program.
Sec. 215. Contract for national security research studies.
Sec. 216. JASON Scientific Advisory Group.
Sec. 217. Direct Air Capture and Blue Carbon Removal Technology
Program.
Sec. 218. Foreign malign influence operations research program.
Sec. 219. Sensor data integration for fifth generation aircraft.
Sec. 220. Documentation relating to Advanced Battle Management System.
Sec. 221. Documentation relating to B-52 commercial engine replacement
program.
Sec. 222. Diversification of the science, technology, research, and
engineering workforce of the Department of
Defense.
Sec. 223. Policy on the talent management of digital expertise and
software professionals.
Sec. 224. Development and implementation of digital engineering
capability and automated software testing
and evaluation.
Sec. 225. Process to align policy formulation and emerging technology
development.
Sec. 226. Limitation on transition of Strategic Capabilities Office of
the Department of Defense.
Sec. 227. Sense of Congress on the importance of continued coordination
of studies and analysis research of the
Department of Defense.
Sec. 228. Global positioning system modernization.
Sec. 229. Musculoskeletal injury prevention research.
Sec. 230. STEM jobs action plan.
Sec. 230A. Sense of Congress on future vertical lift technologies.
Sec. 230B. Modification of defense quantum information science and
technology research and development
program.
Sec. 230C. Trusted supply chain and operational security standards for
microelectronics.
Subtitle C--Reports and Other Matters
Sec. 231. Master plan for implementation of authorities relating to
science and technology reinvention
laboratories.
Sec. 232. Master plan for infrastructure required to support research,
development, test, and evaluation missions.
Sec. 233. Strategy and implementation plan for fifth generation
information and communications
technologies.
Sec. 234. Department-wide software science and technology strategy.
Sec. 235. Artificial intelligence education strategy.
Sec. 236. Biannual report on the Joint Artificial Intelligence Center.
Sec. 237. Quarterly updates on the Optionally Manned Fighting Vehicle
program.
Sec. 238. Grants for civics education programs.
Sec. 239. Technology and national security fellowship.
Sec. 240. National Security Commission on Defense Research at
Historically Black Colleges and
Universities and Other Minority
Institutions.
Sec. 241. Increase in funding for basic operational medical research
science.
Sec. 242. Increase in funding for university research initiatives.
Sec. 243. Quantum Information Science Innovation Center.
Sec. 244. Increase in funding for Naval University Research
Initiatives.
Sec. 245. Increase in funding for university and industry research
centers.
Sec. 246. Increase in funding for national security innovation capital.
Sec. 247. Increase in funding for Air Force University Research
Initiatives.
Sec. 248. Increase in funding for Naval University Research
Initiatives.
Sec. 249. Study and report on lab-embedded entrepreneurial fellowship
program.
Sec. 250. Independent study on threats to United States national
security from development of hypersonic
weapons by foreign nations.
Sec. 251. Report on innovation investments and management.
Sec. 252. Requirement for annual report summarizing the operational
test and evaluation activities of the
Department of Defense.
Sec. 253. Increase in funding for Army University Research Initiatives.
Sec. 254. Funding for anti-tamper heterogenous integrated
microelectronics.
Sec. 255. Briefing on use of blockchain technology for defense
purposes.
Sec. 256. Efforts to counter manipulated media content.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Sec. 302. Funding for Army Community Services.
Sec. 303. Increase in funding for civil military programs.
Subtitle B--Energy and Environment
Sec. 311. Timeline for Clearinghouse review of applications for energy
projects that may have an adverse impact on
military operations and readiness.
Sec. 312. Authority to make final finding on designation of geographic
areas of concern for purposes of energy
projects with adverse impacts on military
operations and readiness.
Sec. 313. Authority to accept contributions of funds from applicants
for energy projects for mitigation of
impacts on military operations and
readiness.
Sec. 314. Department of Defense improvement of previously conveyed
utility systems serving military
installations.
Sec. 315. Five-year authority for National Guard environmental
restoration projects for environmental
responses.
Sec. 316. Sale of electricity from alternate energy and cogeneration
production facilities.
Sec. 317. Transfer authority for funding of study and assessment on
health implications of per- and
polyfluoroalkyl substances contamination in
drinking water by Agency for Toxic
Substances and Disease Registry.
Sec. 318. Replacement of fluorinated aqueous film-forming foam with
fluorine-free fire-fighting agent.
Sec. 319. Prohibition of uncontrolled release of fluorinated aqueous
film-forming foam at military
installations.
Sec. 320. Prohibition on use of fluorinated aqueous film forming foam
for training exercises.
Sec. 321. Real-time noise-monitoring study at Navy and Air Force
installations where tactical fighter
aircraft operate.
Sec. 322. Development of climate vulnerability and risk assessment
tool.
Sec. 323. Provision of uncontaminated water for agricultural use on
land contaminated by PFOS and PFOA used on
military installations.
Sec. 324. Removal of barriers that discourage investments to increase
resiliency to climate change.
Sec. 325. Offshore energy development.
Sec. 326. Use of proceeds from sale of recyclable materials.
Sec. 327. Disposal of recyclable materials.
Sec. 328. Climate-conscious budgeting of Department of Defense.
Sec. 329. Funding for detonation chambers in Vieques, Puerto Rico.
Sec. 330. Comptroller General report on environmental cleanup of
Vieques and Culebra, Puerto Rico.
Sec. 330A. PFAS designation, effluent limitations, and pretreatment
standards.
Sec. 330B. Prohibition on Perfluoroalkyl Substances and Polyfluoroalkyl
Substances in Meals Ready-to-Eat Food
Packaging.
Sec. 330C. Comptroller General study on PFAS contamination.
Sec. 330D. Disposal of materials containing per- and polyfluoroalkyl
substances or aqueous film-forming foam.
Sec. 330E. Prohibition on use of perfluoroalkyl substances and
polyfluoroalkyl substances for land-based
applications of firefighting foam.
Sec. 330F. Agreements to share monitoring data relating to
perfluoroalkyl and polyfluoroalkyl
substances and other contaminants of
concern.
Sec. 330G. Detection of perfluorinated compounds.
Sec. 330H. Cooperative agreements with States to address contamination
by perfluoroalkyl and polyfluoroalkyl
substances.
Sec. 330I. Findings, purpose, and apology.
Sec. 330J. Study on energy savings performance contracts.
Sec. 330K. Reduction of Department of Defense facility water use.
Sec. 330L. Plan to phase out use of burn pits.
Sec. 330M. Information relating to locations of burn pit use.
Sec. 330N. Radium testing at certain locations of the Department of the
Navy.
Sec. 330O. Designation as hazardous substances.
Subtitle C--Logistics and Sustainment
Sec. 331. Material readiness metrics and objectives.
Sec. 332. Clarification of authority regarding use of working capital
funds for unspecified minor military
construction projects related to
revitalization and recapitalization of
defense industrial base facilities.
Sec. 333. F-35 Joint Strike Fighter sustainment.
Sec. 334. Report on strategic policy for prepositioned materiel and
equipment.
Sec. 335. Limitation on use of funds for implementation of elements of
master plan for redevelopment of Former
Ship Repair Facility in Guam.
Sec. 336. Report on effects of increased automation of defense
industrial base on manufacturing workforce.
Sec. 337. Extension of temporary installation reutilization authority
for arsenals, depots and plants.
Sec. 338. Pilot program to train skilled technicians in critical
shipbuilding skills.
Subtitle D--Reports
Sec. 341. Readiness reporting.
Sec. 342. Extension of deadline for transition from service-specific
defense readiness reporting systems.
Sec. 343. Report on Navy ship depot maintenance budget.
Sec. 344. Report on Runit Dome.
Sec. 345. Comptroller General study of out-of-pocket costs for service
dress uniforms.
Sec. 346. Inspector General audit of certain commercial depot
maintenance contracts.
Sec. 347. Report on plan to decontaminate sites formerly used by the
Department of the Army that have since been
transferred to units of local government
and are affected by pollutants that are, in
whole or in part, a result of activity by
the Department of Defense.
Subtitle E--Other Matters
Sec. 351. Inclusion of over-the-horizon radars in early outreach
procedures.
Sec. 352. Extension of authority for Secretary of Defense to use
Department of Defense reimbursement rate
for transportation services provided to
certain non-Department of Defense entities.
Sec. 353. Expanded transfer and adoption of military animals.
Sec. 354. Extension of authority of Secretary of Transportation to
issue non-premium aviation insurance.
Sec. 355. Defense personal property program.
Sec. 356. Public events about Red Hill Bulk Fuel Storage Facility.
Sec. 357. Sense of Congress regarding Innovative Readiness Training
program.
Sec. 358. Pilot program on reduction of effects of military aviation
noise on private residences.
Sec. 359. Completion of Department of Defense Directive 2310.07E
regarding missing persons.
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. Management policies for joint qualified officers.
Sec. 502. Grade of Chief of the Veterinary Corps of the Army.
Sec. 503. Authority of promotion boards to recommend that officers of
particular merit be placed higher on
promotion list.
Sec. 504. Availability on the internet of certain information about
officers serving in general or flag officer
grades.
Sec. 505. Report on rate of maternal mortality among members of the
Armed Forces.
Sec. 506. Functional badge or insignia upon commission for chaplains.
Subtitle B--Reserve Component Management
Sec. 511. Grade of certain chiefs of reserve components.
Sec. 512. Authority to defer mandatory separation at age 68 of officers
in medical specialties in the reserve
components.
Sec. 513. Repeal of requirement for review of certain Army Reserve
officer unit vacancy promotions by
commanders of associated active duty units.
Sec. 514. Guidance for use of unmanned aircraft systems by the National
Guard.
Sec. 515. Junior Reserve Officers' Training Corps.
Sec. 516. JROTC computer science and cybersecurity program.
Sec. 517. Programs of scholarships for members of Junior Reserve
Officers' Training Corps units toward
obtaining private pilot's certificates.
Sec. 518. Sense of Congress regarding Junior Reserve Officers' Training
Corps.
Sec. 519. Sense of Congress regarding the National Guard Youth
Challenge Program.
Sec. 520. Pilot program on the Junior Reserve Officers' Training Corps
program at Lucy Garrett Beckham High
School, Charleston County, South Carolina.
Sec. 520A. Junior Reserve Officers' Training Corps threshold.
Sec. 520B. Inclusion of homeschooled students in Junior Reserve
Officer's Training Corps units.
Sec. 520C. Report on National Guard and United States Northern Command
capacity to meet homeland defense and
security incidents.
Sec. 520D. National guard support to major disasters.
Sec. 520E. Report on methods to enhance domestic response to large
scale, complex and catastrophic disasters.
Sec. 520F. Report regarding National Guard Youth Challenge Program.
Sec. 520G. Permanent extension of suicide prevention and resilience
program for the reserve components.
Sec. 520H. Temporary authority to use Air Force reserve component
personnel to provide training and
instruction regarding pilot training.
Subtitle C--General Service Authorities and Correction of Military
Records
Sec. 521. Establishment of board of appeals regarding denied requests
for upgraded discharges and dismissals.
Sec. 522. Prohibition on reduction in the number of personnel assigned
to duty with a service review agency.
Sec. 523. Advisory committee on record and service review boards.
Sec. 524. Time requirements for certification of honorable service.
Sec. 525. Prohibition on implementation of military service suitability
determinations for foreign nationals who
are lawful permanent residents.
Sec. 526. Strategic plan for diversity and inclusion.
Sec. 527. Independent study on barriers to entry into the Armed Forces
for English learners.
Sec. 528. Reenlistment waivers for persons separated from the Armed
Forces who commit one misdemeanor cannabis
offense.
Sec. 529. Sense of Congress regarding accession physicals.
Sec. 530. Recognition and honoring of service of individuals who served
in United States Cadet Nurse Corps during
World War II.
Sec. 530A. Development of guidelines for use of unofficial sources of
information to determine eligibility of
members and former members of the armed
forces for benefits and decorations when
the service records are incomplete because
of damage to the official record.
Sec. 530B. Nondiscrimination with respect to service in the Armed
Forces.
Sec. 530C. Study regarding screening individuals who seek to enlist in
the Armed Forces.
Sec. 530D. Advice and counsel of trauma experts in review by boards for
correction of military records and
discharge review boards of certain claims.
Sec. 530E. Training of members of boards for correction of military
records and discharge review boards on
sexual trauma, intimate partner violence,
spousal abuse, and related matters.
Sec. 530F. Notification to Secretary of Homeland Security of honorable
discharges of non-citizens.
Sec. 530G. Prohibition on involuntary separation or deportation of
members of the Armed Forces who are DACA
recipients or have temporary protected
status.
Sec. 530H. Review of discharge characterization.
Subtitle D--Military Justice
Sec. 531. Command influence.
Sec. 532. Statute of limitations for certain offenses.
Sec. 533. Guidelines on sentences for offenses committed under the
Uniform Code of Military Justice.
Sec. 534. Expansion of responsibilities of commanders for victims of
sexual assault committed by another member
of the Armed Forces.
Sec. 535. Increase in investigative personnel and Victim Witness
Assistance Program liaisons.
Sec. 536. Increase in number of digital forensic examiners for the
military criminal investigation
organizations.
Sec. 537. Pilot programs on defense investigators in the military
justice system.
Sec. 538. Pilot program on prosecution of special victim offenses
committed by attendees of military service
academies.
Sec. 539. Timely disposition of nonprosecutable sex-related offenses.
Sec. 540. Training for sexual assault initial disposition authorities
on exercise of disposition authority for
sexual assault and collateral offenses.
Sec. 540A. Assessment of racial, ethnic, and gender disparities in the
military justice system.
Sec. 540B. Expansion of pre-referral matters reviewable by military
judges and military magistrates in the
interest of efficiency in military justice.
Sec. 540C. Training for commanders in the armed forces on their role in
all stages of military justice in
connection with sexual assault.
Subtitle E--Other Legal Matters
Sec. 541. Standard of evidence applicable to investigations and reviews
related to protected communications of
members of the Armed Forces and prohibited
retaliatory actions.
Sec. 542. Expansion of Special Victims' Counsel for victims of sex-
related or domestic violence offenses.
Sec. 543. Notification of issuance of military protective order to
civilian law enforcement.
Sec. 544. Policies and procedures on registration at military
installations of civil protection orders
applicable to members of the Armed Forces
assigned to such installations and certain
other individuals.
Sec. 545. Clarifications regarding scope of employment and reemployment
rights of members of the uniformed
services.
Sec. 546. Military orders required for termination of leases pursuant
to the Servicemembers Civil Relief Act.
Sec. 547. Consultation regarding victim's preference in prosecution
jurisdiction.
Sec. 548. Extension and expansion of Defense Advisory Committee on
Investigation, Prosecution, and Defense of
Sexual Assault in the Armed Forces.
Sec. 549. Defense Advisory Committee for the Prevention of Sexual
Misconduct.
Sec. 550. Safe to report policy applicable across the Armed Forces.
Sec. 550A. Availability of Special Victims' Counsel and special victim
prosecutors at military installations.
Sec. 550B. Notice to victims of alleged sexual assault of pendency of
further administrative action following a
determination not to refer to trial by
court-martial.
Sec. 550C. Training for Special Victims' Counsel on civilian criminal
justice matters in the States of the
military installations to which assigned.
Sec. 550D. Copyright protection for civilian faculty of accredited
institutions.
Sec. 550E. Preliminary inquiry on Arlington National Cemetery burial.
Sec. 550F. Availability of records for National Instant Criminal
Background Check System.
Sec. 550G. Termination of leases of premises and motor vehicles of
servicemembers who incur catastrophic
injury or illness or die while in military
service.
Sec. 550H. To resolve controversies under Servicemembers Civil Relief
Act.
Sec. 550I. Limitation on waiver of rights and protections under
Servicemembers Civil Relief Act.
Sec. 550J. Preservation of right to bring class action under
Servicemembers Civil Relief Act.
Sec. 550K. Effective date of rule regarding payday lending protections.
Sec. 550L. Strengthening Civilian and Military Partnerships to Respond
to Domestic and Sexual Violence.
Sec. 550M. Information on legal services provided to members of the
Armed Forces harmed by health or
environmental hazards at military housing.
Sec. 550N. Initiative to improve the capacity of military criminal
investigative organizations to prevent
child sexual exploitation.
Sec. 550O. Treatment of information in Catch a Serial Offender Program
for certain purposes.
Sec. 550P. Preservation of recourse to restricted report on sexual
assault for victims of sexual assault being
investigated following certain victim or
third-party communications.
Subtitle F--Member Education
Sec. 551. Authority for detail of certain enlisted members of the Armed
Forces as students at law schools.
Sec. 552. Education of members of the Armed Forces on career readiness
and professional development.
Sec. 553. Defense Language Institute Foreign Language Center.
Sec. 554. Expansion of Department of Defense STARBASE Program.
Sec. 555. Inclusion of Coast Guard in Department of Defense STARBASE
Program.
Sec. 556. Degree granting authority for United States Army Armament
Graduate School.
Sec. 557. Congressional nominations for Senior Reserve Officers'
Training Corps scholarships.
Sec. 558. Consideration of application for transfer for a student of a
military service academy who is the victim
of a sexual assault or related offense.
Sec. 559. Redesignation of the Commandant of the United States Air
Force Institute of Technology as the
Director and Chancellor of such Institute.
Sec. 560. Eligibility of additional enlisted members for associate
degree programs of the Community College of
the Air Force.
Sec. 560A. Safe-to-report policy applicable to military service
academies.
Sec. 560B. Recoupment of funds from cadets and midshipmen separated for
criminal misconduct.
Sec. 560C. Commission of graduates of the military service academies as
officers.
Sec. 560D. Support of military service academy foundations.
Sec. 560E. Requirement to continue provision of tuition assistance for
members of the armed forces.
Sec. 560F. Review of institutions of higher education participating in
the Department of Defense Tuition
Assistance Program.
Sec. 560G. Inclusion of information on free credit monitoring in annual
financial literacy briefing.
Sec. 560H. Speech disorders of cadets and midshipmen.
Subtitle G--Member Training and Transition
Sec. 561. Prohibition on gender-segregated training at Marine Corps
Recruit Depots.
Sec. 562. Medical personnel at Marine Corps Recruit Depots.
Sec. 563. Assessment of deaths of recruits under the jurisdiction of
the Secretary of the Navy.
Sec. 564. Inclusion of specific email address block on Certificate of
Release or Discharge from Active Duty (DD
Form 214).
Sec. 565. Machine readability and electronic transferability of
Certificate of Release or Discharge from
Active Duty (DD Form 214).
Sec. 566. Records of service for reserves.
Sec. 567. Requirement to provide information regarding benefits claims
to members during TAP counseling.
Sec. 568. Expansion and renaming of the Troops-to-Teachers Program.
Sec. 569. Transition outreach pilot program.
Sec. 570. Training program regarding disinformation campaigns.
Sec. 570A. Assessment and study of Transition Assistance Program.
Sec. 570B. Information regarding county veterans service officers.
Sec. 570C. Pilot program to improve information sharing between
Department of Defense and designated
relatives and friends of members of the
Armed Forces regarding the experiences and
challenges of military service.
Sec. 570D. Report regarding effectiveness of Transition Assistance
Program for female members of the Armed
Forces.
Sec. 570E. Notice to separating servicemembers of rights under the
Servicemembers Civil Relief Act.
Sec. 570F. Pilot program regarding online application for the
Transition Assistance Program.
Sec. 570G. Inclusion of question regarding immigration status on
preseparation counseling checklist (DD Form
2648).
Sec. 570H. Counseling to members who are not citizens of the United
States.
Subtitle H--Military Family Readiness and Dependents' Education
Sec. 571. Authorizing members to take leave for a birth or adoption in
more than one increment.
Sec. 572. Deferred deployment for members who give birth.
Sec. 573. Authority of the Secretary concerned to transport remains of
a covered decedent to no more than two
places selected by the person designated to
direct disposition of the remains.
Sec. 574. Clarification regarding eligibility to transfer entitlement
under Post-9/11 Educational Assistance
Program.
Sec. 575. Absentee ballot tracking program.
Sec. 576. Annual State report card.
Sec. 577. Transportation of remains of casualties; travel expenses for
next of kin.
Sec. 578. Meetings of officials of the Department of Defense with
survivors of deceased members of the Armed
Forces.
Sec. 579. Direct employment pilot program for members of the National
Guard and Reserve, veterans, their spouses
and dependents, and members of Gold Star
Families.
Sec. 580. Continued assistance to schools with significant numbers of
military dependent students.
Sec. 580A. Pilot program to fund non-profit organizations that support
military families.
Sec. 580B. Expansion of the My Career Advancement Account program for
military spouses to nonportable career
fields and occupations.
Sec. 580C. Expansion of the My Career Advancement Account program for
military spouses.
Sec. 580D. Report on training and support available to military
spouses.
Sec. 580E. Full Military Honors ceremony for certain veterans.
Sec. 580F. Increase in assistance to certain local educational
agencies.
Sec. 580G. Assistance for deployment-related support of members of the
Armed Forces undergoing deployment and
their families beyond the Yellow Ribbon
Reintegration Program.
Subtitle I--Decorations and Awards
Sec. 581. Expansion of Gold Star Lapel Button Eligibility to
stepsiblings; free replacement.
Sec. 582. Establishment of the Atomic Veterans Service Medal.
Sec. 583. Review of World War I valor medals.
Sec. 584. Authorization for award of the Medal of Honor to Alwyn Cashe
for acts of valor during Operation Iraqi
Freedom.
Sec. 585. Eligibility of veterans of Operation End Sweep for Vietnam
Service Medal.
Subtitle J--Miscellaneous Reports and Other Matters
Sec. 591. Repeal of quarterly report on end strengths.
Sec. 592. Revision of Workplace and Gender Relations Surveys.
Sec. 593. Modification of elements of reports on the improved
Transition Assistance Program.
Sec. 594. Questions in workplace surveys regarding supremacist,
extremist, and racist activity.
Sec. 595. Command matters in connection with transition assistance
programs.
Sec. 596. Expressing support for the designation of a ``Gold Star
Families Remembrance Day''.
Sec. 597. Report on certain waivers received by transgender
individuals.
Sec. 598. Study on best practices for providing financial literacy
education for veterans.
Sec. 599. Honorary promotion of Colonel Charles E. McGee to Brigadier
General in the Air Force.
Sec. 599A. Recommending that the President grant Lieutenant Colonel
Richard Cole, United States Air Force
(ret.), an honorary and posthumous
promotion to the grade of colonel.
Sec. 599B. Inclusion of certain veterans on temporary disability or
permanent disabled retirement lists in
military adaptive sports programs.
Sec. 599C. Sense of Congress regarding the High-Altitude Army National
Guard Aviation Training Site.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Clarification of continuation of pays during hospitalization
and rehabilitation resulting from wounds,
injury, or illness incurred while on duty
in a hostile fire area or exposed to an
event of hostile fire or other hostile
action.
Sec. 602. Basic needs allowance for low-income regular members.
Sec. 603. Temporary increase of rates of basic allowance for housing
following determination that local civilian
housing costs significantly exceed such
rates.
Sec. 604. Basic allowance for housing for a member without dependents
when relocation would financially
disadvantage the member.
Sec. 605. Partial dislocation allowance.
Sec. 606. Increase in basic pay.
Sec. 607. Annual adjustment of basic pay.
Sec. 608. Study regarding recoupment of separation pay, special
separation benefits, and voluntary
separation incentive payments from members
of the Armed Forces and veterans who
receive disability compensation under laws
administered by the Secretary of Veterans
Affairs.
Sec. 609. Annual reports on approval of employment or compensation of
retired general or flag officers by foreign
governments for emoluments clause purposes.
Sec. 610. Continued entitlements while a member of the Armed Forces
participates in a career intermission
program.
Sec. 610A. Report regarding transition from overseas housing allowance
to basic allowance for housing for
servicemembers in the territories.
Sec. 610B. Exemption from repayment of voluntary separation pay.
Subtitle B--Bonuses and Special Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay
authorities.
Subtitle C--Family and Survivor Benefits
Sec. 621. Payment of transitional compensation for certain dependents.
Sec. 622. Death gratuity for ROTC graduates.
Sec. 623. Continued eligibility for education and training
opportunities for spouses of promoted
members.
Sec. 624. Occupational improvements for relocated spouses of members of
the uniformed services.
Sec. 625. Expansion of authority to provide financial assistance to
civilian providers of child care services
or youth program services who provide such
services to survivors of members of the
Armed Forces who die in line of duty.
Sec. 626. Space-available travel on military aircraft for children and
surviving spouses of members who die of
hostile action or training duty.
Sec. 627. Consideration of service on active duty to reduce age of
eligibility for retired pay for non-regular
service.
Sec. 628. Modification to authority to reimburse for State licensure
and certification costs of a spouse of a
member arising from relocation.
Sec. 629. Improvements to child care for members of the Armed Forces.
Sec. 630. Casualty assistance for survivors of deceased ROTC graduates.
Sec. 630A. Repeal of requirement of reduction of Survivor Benefit Plan
survivor annuities by amount of dependency
and indemnity compensation.
Subtitle D--Defense Resale Matters
Sec. 631. GAO review of defense resale optimization study.
Sec. 632. Report regarding management of military commissaries and
exchanges.
Sec. 633. Reductions on account of earnings from work performed while
entitled to an annuity supplement.
Sec. 634. Extension of certain morale, welfare, and recreation
privileges to Foreign Service officers on
mandatory home leave.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Contraception coverage parity under the TRICARE program.
Sec. 702. Pregnancy prevention assistance at military medical treatment
facilities for sexual assault survivors.
Sec. 703. Modification of eligibility for TRICARE Reserve Select for
certain members of the Selected Reserve.
Sec. 704. Lead level screenings and testings for children.
Sec. 705. Exposure to open burn pits and toxic airborne chemicals or
other airborne contaminants as part of
periodic health assessments and other
physical examinations.
Sec. 706. Enhancement of recordkeeping and postdeployment medical
assessment requirements related to
occupational and environmental hazard
exposure during deployment.
Sec. 707. Modifications to post-deployment mental health assessments
for members of the Armed Forces deployed in
support of a contingency operation.
Sec. 708. Provision of blood testing for firefighters of Department of
Defense to determine exposure to
perfluoroalkyl and polyfluoroalkyl
substances.
Sec. 709. Inclusion of infertility treatments for members of the
uniformed services.
Sec. 710. Authorization of appropriations for TRICARE lead screening
and testing for children.
Subtitle B--Health Care Administration
Sec. 711. Requirements for certain prescription drug labels.
Sec. 712. Officers authorized to command Army dental units.
Sec. 713. Improvements to interagency program office of the Department
of Defense and the Department of Veterans
Affairs.
Sec. 714. Comprehensive enterprise interoperability strategy for the
Armed Forces and the Department of Veterans
Affairs.
Sec. 715. Demonstration of interoperability milestones.
Sec. 716. Inclusion of blast exposure history in medical records of
members of the Armed Forces.
Sec. 717. Comprehensive policy for provision of mental health care to
members of the Armed Forces.
Sec. 718. Limitation on the realignment or reduction of military
medical manning end strength.
Sec. 719. Strategy to recruit and retain mental health providers.
Sec. 720. Monitoring medication prescribing practices for the treatment
of post-traumatic stress disorder.
Sec. 720A. Maintenance of certain medical services at military medical
treatment facilities at Service Academies.
Sec. 720B. Development of partnerships to improve combat casualty care
for personnel of the Armed Forces.
Sec. 720C. Modification to referrals for mental health services.
Subtitle C--Reports and Other Matters
Sec. 721. Establishment of military dental research program.
Sec. 722. Pilot program on cryopreservation and storage.
Sec. 723. Encouragement of participation in Women's Health Transition
Training pilot program.
Sec. 724. National Guard suicide prevention pilot program.
Sec. 725. Reports on suicide among members of the Armed Forces.
Sec. 726. Study on military-civilian integrated health delivery
systems.
Sec. 727. Study on case management at military medical treatment
facilities.
Sec. 728. Study on infertility among members of the Armed Forces.
Sec. 729. Allowing claims against the United States for injury and
death of members of the Armed Forces caused
by improper medical care.
Sec. 730. Study on extending parent's level of TRICARE health coverage
to newborn child.
Sec. 731. Report on Global Health Security Strategy and the National
Biodefense Security.
Sec. 732. Report on mental health assessments.
Sec. 733. Study and report on mental health assessments for members of
the Armed Forces deployed in support of a
contingency operation.
Sec. 734. Education on family planning for members of the Armed Forces.
Sec. 735. Funding for CDC ATSDR PFAS health study increment.
Sec. 736. Sense of the House of Representatives on increasing research
and development in bioprinting and
fabrication in austere military
environments.
Sec. 737. Increased collaboration with NIH to combat triple negative
breast cancer.
Sec. 738. Funding for post-traumatic stress disorder.
Sec. 739. Study on readiness contracts and the prevention of drug
shortages.
Sec. 740. Update of Department of Defense regulations, instructions,
and other guidance to include gambling
disorder.
Sec. 741. Findings on musculoskeletal injuries.
Sec. 742. Wounded Warrior Service Dog Program.
Sec. 743. National Capital Consortium Psychiatry Residency Program.
Sec. 744. Report on medical providers and medical malpractice
insurance.
Sec. 745. Information for members of the armed forces regarding
availability of services at the Department
of Veterans Affairs.
Sec. 746. Pilot program on partnerships with civilian organizations for
specialized surgical training.
Sec. 747. Report on research and studies regarding health effects of
burn pits.
Sec. 748. Training on health effects of burn pits and other airborne
hazards.
Sec. 749. Report on operational medical and dental personnel
requirements.
Sec. 750. Annual reports on Millennium Cohort Study relating to women
members of the Armed Forces.
Sec. 751. Partnerships with academic health centers.
Sec. 752. Study on use of routine neuroimaging modalities in diagnosis,
treatment, and prevention of brain injury
due to blast pressure exposure during
combat and training.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Establishment of acquisition pathways for software
applications and software upgrades.
Sec. 802. Software development and software acquisition training and
management programs.
Sec. 803. Modifications to cost or pricing data for certain
procurements.
Sec. 804. Modifications to cost or pricing data on below-threshold
contracts.
Sec. 805. Comptroller General report on price reasonableness.
Sec. 806. Requirement that certain ship components be manufactured in
the national technology and industrial
base.
Sec. 807. Acquisition and disposal of certain rare earth materials.
Sec. 808. Prohibition on acquisition of tantalum from non-allied
foreign nations.
Sec. 809. Application of miscellaneous technology base policies and
programs to the Columbia-class submarine
program.
Sec. 810. Application of limitation on procurement of goods other than
United States goods to the FFG-Frigate
Program.
Sec. 811. Consideration of price in procurement of the FFG(X) frigate.
Sec. 812. Repeal of continuation of data rights during challenges.
Sec. 813. Repeal of authority to waive acquisition laws to acquire
vital national security capabilities.
Sec. 814. Repeal of transfer of funds related to cost overruns and cost
underruns.
Sec. 815. Addition of domestically produced stainless steel flatware
and dinnerware to the Berry Amendment.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 821. Modifications to the middle tier of acquisition programs.
Sec. 822. Briefing relating to the ``middle tier'' of acquisition
programs.
Sec. 823. Rates for progress payments or performance-based payments.
Sec. 824. Additional requirements for negotiations for noncommercial
computer software.
Sec. 825. Responsibility for data analysis and requirements validation
for services contracts.
Sec. 826. Annual reports on authority to carry out certain prototype
projects.
Sec. 827. Competition requirements for purchases from Federal Prison
Industries.
Sec. 828. Enhanced post-award debriefing rights.
Sec. 829. Standardizing data collection and reporting on use of source
selection procedures by Federal agencies.
Sec. 830. Modification of justification and approval requirement for
certain Department of Defense contracts.
Sec. 831. Preference for offerors employing veterans.
Sec. 832. Reporting on expenses incurred for independent research and
development costs.
Sec. 833. Reporting on expenses incurred for bid and proposal costs.
Sec. 834. Repeal of the Defense Cost Accounting Standards Board.
Sec. 835. Report on requirements relating to consumption-based
solutions.
Subtitle C--Provisions Relating to Acquisition Workforce
Sec. 841. Defense acquisition workforce certification and education
requirements.
Sec. 842. Public-private exchange program for the acquisition
workforce.
Sec. 843. Incentives and consideration for qualified training programs.
Sec. 844. Certification by prospective military construction
contractors of good faith effort to utilize
qualified apprentices.
Subtitle D--Provisions Relating to Acquisition Security
Sec. 851. Supply chain security of certain telecommunications and video
surveillance services or equipment.
Sec. 852. Assured security against intrusion on United States military
networks.
Sec. 853. Revised authorities to defeat adversary efforts to compromise
United States defense capabilities.
Sec. 854. Prohibition on operation or procurement of foreign-made
unmanned aircraft systems.
Sec. 855. Supply chain risk mitigation policies to be implemented
through requirements generation process.
Subtitle E--Provisions Relating to the Acquisition System
Sec. 861. Modifications to the defense acquisition system.
Subtitle F--Industrial Base Matters
Sec. 871. Consideration of subcontracting to minority institutions.
Sec. 872. Size standard calculations for certain small business
concerns.
Sec. 873. Modifications to small business subcontracting.
Sec. 874. Inclusion of best in class designations in annual report on
small business goals.
Sec. 875. Small Business Administration cybersecurity reports.
Sec. 876. Cyber counseling certification program for lead small
business development centers.
Sec. 877. Exemption of certain contracts from the periodic inflation
adjustments to the acquisition-related
dollar threshold.
Sec. 878. Improvements to certain defense innovation programs.
Sec. 879. Pilot program for development of technology-enhanced
capabilities with partnership
intermediaries.
Sec. 880. Authorized official to carry out the procurement technical
assistance cooperative agreement program.
Sec. 881. Permanent authorization and improvement of Department of
Defense Mentor-Protege Program.
Sec. 882. Assistance for small business concerns participating in the
Small Business Innovation Research Program
and the Small Business Technology Transfer
Program.
Sec. 883. Accelerated payments applicable to contracts with certain
small business concerns under the Prompt
Payment Act.
Sec. 884. Postaward explanations for unsuccessful offerors for certain
contracts.
Sec. 885. Briefing on the Trusted Capital Marketplace pilot program.
Sec. 886. Boots to Business Program.
Sec. 887. Modifications to budget display requirements for the
Department of Defense Small Business
Innovation Research Program and Small
Business Technology Transfer Program.
Sec. 888. Small business contracting credit for subcontractors that are
Puerto Rico businesses.
Sec. 889. Small business contracting credit for certain small
businesses located in United States
territories.
Subtitle G--Other Matters
Sec. 891. Requirement to use models of commercial e-commerce portal
program.
Sec. 892. Report and database on items manufactured in the United
States for major defense acquisition
programs.
Sec. 893. Requirements relating to Selected Acquisition Reports.
Sec. 894. Contractor science, technology, engineering, and math
programs.
Sec. 895. Extension of sunset relating to Federal Data Center
Consolidation Initiative.
Sec. 896. Requirements relating to certain rail rolling stock
procurements and operations.
Sec. 897. Prohibition on contracting with persons that have business
operations with the Maduro regime.
Sec. 898. Report on cost growth of major defense acquisitions programs.
Sec. 899. Inclusion of operational energy projects for uses of energy
cost savings.
Sec. 899A. Report and strategy on terminated foreign contracts.
Sec. 899B. Individual acquisition for commercial leasing services.
Sec. 899C. Prohibition on contracting with entities lacking a sexual
harassment policy.
Sec. 899D. Domestic production of small unmanned aircraft systems.
Sec. 899E. Prohibition on contracting with persons with willful or
repeated violations of the Fair Labor
Standards Act of 1938.
Sec. 899F. Comptroller General report on contractor violations of
certain labor laws.
Sec. 899G. Reestablishment of Commission on Wartime Contracting.
Sec. 899H. Federal contractor disclosure of unpaid Federal tax
liability.
Sec. 899I. Uniformity in application of micro-purchase threshold to
certain task or delivery orders.
Sec. 899J. Pilot program on payment of costs for denied Government
Accountability Office bid protests.
Sec. 899K. Requirement for contractors to report gross violations
internationally recognized human rights.
Sec. 899L. Congressional oversight of private security contractor
contracts.
Sec. 899M. GAO report on contracting practices of the Corps of
Engineers.
Sec. 899N. Comptroller General report on defense business processes.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Update of authorities relating to nuclear command, control,
and communications.
Subtitle B--Other Department of Defense Organization and Management
Matters
Sec. 911. Codification of Assistant Secretaries for Environment,
Installations, and Energy of the Army,
Navy, and Air Force.
Sec. 912. Limitation on availability of funds for consolidation of
Defense Media Activity.
Sec. 913. Modernization of certain forms and surveys.
Subtitle C--Space Matters
Part 1--United States Space Corps
Sec. 921. Establishment of United States Space Corps in the Department
of the Air Force.
Sec. 922. Transfer of personnel, functions, and assets to the Space
Corps.
Sec. 923. Reports on Space Corps.
Sec. 924. Space National Guard.
Sec. 925. Effects on military installations.
Part 2--Other Space Matters
Sec. 931. United States Space Command.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Additional requirements for annual report and briefing on
financial improvement and audit remediation
plan.
Sec. 1003. Financial improvement and audit remediation plan.
Sec. 1004. Reporting requirements relating to Department of Defense
audits.
Sec. 1005. Annual budget justification display for service-common and
other support and enabling capabilities for
special operations forces.
Sec. 1006. Determination of budgetary effects.
Sec. 1007. Independent public accountant audit of financial systems of
the Department of Defense.
Sec. 1008. Transparency of accounting firms used to support Department
of Defense audit.
Subtitle B--Counterdrug Activities
Sec. 1011. Modification of authority to provide support to other
agencies for counterdrug activities and
activities to counter transnational
organized crime.
Sec. 1012. Technical correction and extension of reporting requirement
regarding enhancement of information
sharing and coordination of military
training between Department of Homeland
Security and Department of Defense.
Sec. 1013. Repeal of Secretary of Defense review of curricula and
program structures of National Guard
Counterdrug Schools.
Sec. 1014. Sense of Congress regarding Department of Defense
counterdrug activities in the transit zone
and Caribbean basin.
Sec. 1015. Assessment of impact of proposed border wall on volume of
illegal narcotics.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. Transportation by sea of supplies for the Armed Forces and
Defense Agencies.
Sec. 1022. Use of National Defense Sealift Fund for procurement of two
used vessels.
Sec. 1023. Formal schoolhouse training for shipboard system programs of
record.
Sec. 1024. Report on shipbuilder training and the defense industrial
base.
Sec. 1025. Use of competitive procedures for CVN-80 and CVN-81 dual
aircraft carrier contract.
Sec. 1026. Report on expanding naval vessel maintenance.
Subtitle D--Counterterrorism
Sec. 1031. Extension of authority for joint task forces to provide
support to law enforcement agencies
conducting counter-terrorism activities.
Sec. 1032. Prohibition on use of funds for transfer or release of
individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to certain
countries.
Sec. 1033. Prohibition on use of funds for transfer to and detention of
additional individuals, including United
States citizens, at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 1034. Sense of Congress regarding the provision of medical care to
individuals detained at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 1035. Independent assessment on gender and countering violent
extremism.
Sec. 1036. Establishing a coordinator for ISIS detainee issues.
Sec. 1037. Modification of support of special operations to combat
terrorism.
Sec. 1038. Public availability of military commission proceedings.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Scheduling of Department of Defense executive aircraft
controlled by Secretaries of military
departments.
Sec. 1042. Explosive ordnance defense disposal program.
Sec. 1043. Notification on the provision of defense sensitive support.
Sec. 1044. Modification and technical correction of authority for
deployment of members of the Armed Forces
to the southern land border of the United
States.
Sec. 1045. Limitation on use of funds for the inactivation of Army
watercraft units.
Sec. 1046. Prohibition on use of funds for construction of a wall,
fence, or other physical barrier along the
southern border of the United States.
Sec. 1047. Expenditure of funds for Department of Defense intelligence
and counterintelligence activities.
Sec. 1048. Limitation on use of funds to house children separated from
parents.
Sec. 1049. Limitation on use of funds for providing housing for
unaccompanied alien children.
Sec. 1050. United States Munitions List.
Sec. 1050A. Limitation on use of funds for reimbursement of expenses at
certain properties.
Sec. 1050B. Limitation on use of funds for exhibition of parade of
military forces and hardware for review by
the President.
Sec. 1050C. Prohibition on use of DoD equipment, personnel, and
facilities for ICE detention.
Subtitle F--National Defense Strategy Implementation
Sec. 1051. Short title.
Sec. 1052. Report on operational concepts and plans regarding strategic
competitors.
Sec. 1053. Actions to increase analytic support.
Sec. 1054. Definitions.
Subtitle G--Studies and Reports
Sec. 1061. Report on transfers of equipment to prohibited entities.
Sec. 1062. Elimination of requirement to submit reports to Congress in
paper format.
Sec. 1063. Modification of annual report on civilian casualties in
connection with United States military
operations.
Sec. 1064. Inclusion of certain individuals investigated by Inspectors
General in the semiannual report.
Sec. 1065. Annual report on Joint Military Information Support
Operations Web Operations Center.
Sec. 1066. Mobility capability requirements study.
Sec. 1067. Assessment of special operations force structure.
Sec. 1068. Army aviation strategic plan and modernization roadmap.
Sec. 1069. Report on ground-based long-range artillery to counter land
and maritime threats.
Sec. 1070. Independent review of transportation working-capital fund.
Sec. 1071. Geographic command risk assessment of proposed use of
certain aircraft capabilities.
Sec. 1072. Annual report on strikes undertaken by the United States
against terrorist targets outside areas of
active hostilities.
Sec. 1073. Termination of requirement for submittal to Congress of
certain recurring reports.
Sec. 1074. Report on operational concepts and plans regarding strategic
competitors.
Sec. 1075. Sense of Congress regarding modular airborne fire fighting
system; report.
Sec. 1076. Report on backlog of personnel security clearance
adjudications.
Sec. 1077. Report on policies relating to small farms.
Sec. 1078. Report on artificial intelligence.
Sec. 1079. Report on financial costs of overseas United States military
posture and operations.
Sec. 1080. Human rights in Brazil.
Sec. 1080A. Report on Combating Trafficking in Persons Initiative.
Sec. 1080B. Public availability of Chief Management Office annual
budget reports.
Sec. 1080C. Report regarding outstanding GAO recommendations.
Sec. 1080D. Plan to increase and expand cold weather training.
Sec. 1080E. Comptroller General review of Department of Defense support
for the Department of Homeland Security
operations on the southwest border of the
United States.
Subtitle H--Other Matters
Sec. 1081. Technical, conforming, and clerical amendments.
Sec. 1082. Submission to Congress of Department of Defense execute
orders.
Sec. 1083. Extension of National Security Commission on Artificial
Intelligence.
Sec. 1084. National Commission on Military Aviation Safety.
Sec. 1085. Extension of postage stamp for breast cancer research.
Sec. 1086. Processes and procedures for notifications regarding special
operations forces.
Sec. 1087. Assessment of standards, processes, procedures, and policy
relating to civilian casualties.
Sec. 1088. Disposal of IPv4 addresses.
Sec. 1089. Securing American science and technology.
Sec. 1090. Standardized policy guidance for calculating aircraft
operation and sustainment costs.
Sec. 1091. Special Federal Aviation Regulation Working Group.
Sec. 1092. Prohibition on names related to the Confederacy.
Sec. 1093. Prohibition on denial of Department of Veterans Affairs home
loans for veterans who legally work in the
marijuana industry.
Sec. 1094. Inclusion on the Vietnam Veterans Memorial Wall of the names
of the lost crew members of the U.S.S.
Frank E. Evans killed on June 3, 1969.
Sec. 1095. Military type certification for light attack experimentation
aircraft.
Sec. 1096. Mitigation of helicopter noise.
Sec. 1097. Report on executive helicopter flights in the National
Capital Region.
Sec. 1098. Reports on reducing the backlog in legally required
historical declassification obligations.
Sec. 1099. Sense of Congress regarding the Port Chicago 50.
Sec. 1099A. Review of foreign currency exchange rates and analysis of
Foreign Currency Fluctuations
Appropriation.
Sec. 1099B. Contracts by the President or Vice President.
Sec. 1099C. Parole in place for members of the Armed Forces.
Sec. 1099D. Lands to be taken into trust as part of the reservation of
the Lytton Rancheria.
Sec. 1099E. Interoperability of communications between military
installations and adjacent jurisdictions.
Sec. 1099F. Support for National Maritime Heritage Grants program.
Sec. 1099G. Chinese language and culture studies within the Defense
Language and National Security Education
Office.
Sec. 1099H. Modification of prohibition on availability of funds for
Chinese language programs at certain
institutions of higher education.
Sec. 1099I. Lessons learned and best practices on progress of gender
integration implementation in the Armed
Forces.
Sec. 1099J. Strategies for recruitment and retention of women in the
Armed Forces.
Sec. 1099K. Definition of current monthly income for purposes of
bankruptcy laws.
Sec. 1099L. Honoring last surviving Medal of Honor recipient of Second
World War.
Sec. 1099M. Credit monitoring.
Sec. 1099N. World language advancement and readiness grants.
Sec. 1099O. Inclusion of certain names on the Vietnam Veterans
Memorial.
Sec. 1099P. Sense of Congress regarding Army Contracting Command-New
Jersey.
Sec. 1099Q. Review and report on experimentation with ticks and
insects.
Sec. 1099R. Pilot program to provide broadband access to military
families and medical facilities on remote
and isolated bases.
Sec. 1099S. Sense of Congress regarding military working dogs and
soldier handlers.
Sec. 1099T. Designation of Department of Defense strategic Arctic
ports.
Sec. 1099U. Funding limitation for the Erie Canalway National Heritage
Corridor.
Sec. 1099V. Inspection of facilities used to house, detain, screen, and
review migrants and refugees.
Sec. 1099W. Sense of Congress regarding the 2001 Authorization for Use
of Military Force.
Sec. 1099X. Prohibition on export of air to ground munitions, related
components and parts of such munitions, and
related services to Saudi Arabia and the
United Arab Emirates.
Sec. 1099Y. Independent studies regarding potential cost savings with
respect to the nuclear security enterprise
and force structure.
Subtitle I--North Korea Nuclear Sanctions
Sec. 1099Z-1. Short title.
Sec. 1099Z-2. Findings.
Sec. 1099Z-3. Conditions with respect to certain accounts and
transactions at United States financial
institutions.
Sec. 1099Z-4. Opposition to assistance by the international financial
institutions and the Export-Import Bank.
Sec. 1099Z-5. Treasury reports on compliance, penalties, and technical
assistance.
Sec. 1099Z-6. Suspension and termination of prohibitions and penalties.
Sec. 1099Z-7. Exception relating to importation of goods.
Sec. 1099Z-8. Definitions.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--Personnel Management
Sec. 1101. Defense Advanced Research Projects Agency personnel
management authority.
Sec. 1102. Modification of probationary period for certain Department
of Defense employees.
Sec. 1103. Civilian personnel management.
Sec. 1104. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to
civilian personnel on official duty in a
combat zone.
Sec. 1105. One-year extension of authority to waive annual limitation
on premium pay and aggregate limitation on
pay for federal civilian employees working
overseas.
Sec. 1106. Performance of civilian functions by military personnel.
Sec. 1107. Extension of direct hire authority for domestic industrial
base facilities and Major Range and Test
Facilities Base.
Sec. 1108. Authority to provide additional allowances and benefits for
certain Defense Clandestine Service
employees.
Sec. 1109. Prohibited personnel practices.
Sec. 1110. Enhancement of antidiscrimination protections for Federal
employees.
Sec. 1111. Modification of direct hire authorities for the Department
of Defense.
Sec. 1112. Permitted disclosures by whistleblowers.
Sec. 1113. Designating certain FEHBP and FEGLI services provided by
Federal employees as excepted services
under the Anti-Deficiency Act.
Sec. 1114. Continuing supplemental dental and vision benefits and long-
term care insurance coverage during a
Government shutdown.
Sec. 1115. Interim Stay Authority To Protect Whistleblowers.
Sec. 1116. Limitation on transfer of Office of Personnel Management.
Sec. 1117. Review of Standard Occupational Classification System.
Sec. 1118. Assessment of Accelerated Promotion Program suspension.
Sec. 1119. Reimbursement for Federal, State, and local income taxes
incurred during travel, transportation, and
relocation.
Sec. 1120. Clarification of limitation on expedited hiring authority
for post-secondary students.
Subtitle B--Paid Family Leave for Federal Personnel
Sec. 1121. Short title.
Sec. 1122. Paid family leave for Federal employees covered by title 5.
Sec. 1123. Paid family leave for congressional employees.
Sec. 1124. Conforming amendment to Family and Medical Leave Act for GAO
employees.
Sec. 1125. Clarification for members of the National Guard and
Reserves.
Sec. 1126. Conforming amendment for certain TSA employees.
Subtitle C--Limiting Use of Criminal History in Federal Hiring and
Contracting
Sec. 1131. Short title.
Sec. 1132. Prohibition on criminal history inquiries prior to
conditional offer for Federal employment.
Sec. 1133. Prohibition on criminal history inquiries by contractors
prior to conditional offer.
Sec. 1134. Report on employment of individuals formerly incarcerated in
Federal prisons.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Modification of authority to build capacity of foreign
security forces.
Sec. 1202. Modification and extension of cross servicing agreements for
loan of personnel protection and personnel
survivability equipment in coalition
operations.
Sec. 1203. Modification of quarterly report on obligation and
expenditure of funds for security
cooperation programs and activities.
Sec. 1204. Integration of gender perspectives and meaningful
participation by women in security
cooperation authorities.
Sec. 1205. Report on participants in security cooperation training
programs and recipients of security
assistance training that have been
designated for human rights abuses or
terrorist activities.
Sec. 1206. Plan to provide consistency of administration of authorities
relating to vetting of units of security
forces of foreign countries; modification
of assessment, monitoring, and evaluation
of security cooperation programs and
activities.
Sec. 1207. Prohibition on use of funds to transfer defense articles and
services to Azerbaijan.
Sec. 1208. Extension of authority for support of special operations for
irregular warfare.
Sec. 1209. Multinational regional security education center.
Sec. 1210. Training for participants in professional military education
programs.
Sec. 1210A. Report on plan to transfer funds in connection with the
provision of support under section 385 of
title 10, United States Code.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1211. Extension and modification of authority for reimbursement of
certain coalition nations for support
provided to United States military
operations.
Sec. 1212. Modification and Extension of Afghan Special Immigrant Visa
Program.
Sec. 1213. Extension of authority to transfer defense articles and
provide defense services to the military
and security forces of Afghanistan.
Sec. 1214. Extension and modification of authority to acquire products
and services produced in countries along a
major route of supply to Afghanistan.
Sec. 1215. Authority for certain payments to redress injury and loss in
Afghanistan, Iraq, Syria, Somalia, Libya,
and Yemen.
Sec. 1216. Extension of semiannual report on enhancing security and
stability in Afghanistan.
Sec. 1217. Special immigrant visa program reporting requirement.
Sec. 1218. Meaningful inclusion of Afghan Women in peace negotiations.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1221. Modification of authority to provide assistance to counter
the Islamic State of Iraq and Syria.
Sec. 1222. Extension and modification of authority to provide
assistance to the vetted Syrian opposition.
Sec. 1223. Extension and modification of authority to support
operations and activities of the Office of
Security Cooperation in Iraq.
Sec. 1224. Prohibition on provision of weapons and other forms of
support to certain organizations.
Sec. 1225. Rule of construction relating to use of military force
against Iran.
Sec. 1226. Sense of Congress on support for Ministry of Peshmerga
forces of the Kurdistan Region of Iraq.
Sec. 1227. Sense of Congress on supporting the return and repatriation
of religious and ethnic minorities in Iraq
to their ancestral homelands.
Sec. 1228. Report on the status of deconfliction channels with Iran.
Sec. 1229. Prohibition of unauthorized military force in or against
Iran.
Subtitle D--Matters Relating to Russia
Sec. 1231. Prohibition on the use of funds to suspend, terminate, or
withdraw the United States from the Open
Skies Treaty.
Sec. 1232. Extension of limitation on military cooperation between the
United States and Russia.
Sec. 1233. Prohibition on availability of funds relating to sovereignty
of Russia over Crimea.
Sec. 1234. Modification and extension of Ukraine Security Assistance
Initiative.
Sec. 1235. Report on treaties relating to nuclear arms control.
Sec. 1236. Sense of Congress on updating and modernizing existing
agreements to avert miscalculation between
the United States and Russia.
Sec. 1237. Sense of Congress on support for Georgia.
Sec. 1238. Sense of Congress on support for Estonia, Latvia, and
Lithuania.
Sec. 1239. Annual report on cyber attacks and intrusions against the
Department of Defense by certain foreign
entities.
Sec. 1240. Report on Russian military involvement in the AFRICOM AOR.
Sec. 1240A. Reports relating to the New START Treaty.
Sec. 1240B. United States actions relating to Russian interference in
elections for Federal office.
Subtitle E--Matters Relating to the Indo-Pacific Region
Sec. 1241. Modification of Indo-Pacific Maritime Security Initiative.
Sec. 1242. Extension and modification of report on military and
security developments involving North
Korea.
Sec. 1243. Limitation on use of funds to reduce the total number of
members of the Armed Forces serving on
active duty who are deployed to South
Korea.
Sec. 1244. Report on direct, indirect, and burden-sharing contributions
of Japan and South Korea.
Sec. 1245. Report on strategy on the Philippines.
Sec. 1246. Modification of annual report on military and security
developments involving the People's
Republic of China.
Sec. 1247. Modification of annual report on military and security
developments involving the People's
Republic of China.
Sec. 1248. Sense of Congress on Taiwan.
Sec. 1249. Enhancing defense cooperation with Singapore.
Sec. 1250. Modification of report relating to enhancing defense and
security cooperation with India.
Sec. 1250A. Report on expansion of security cooperation and assistance
to Pacific Island countries.
Sec. 1250B. Report on foreign military activities in Pacific Island
countries.
Sec. 1250C. Report on ZTE compliance with Superseding Settlement
Agreement and Superseding Order.
Sec. 1250D. Limitation on removal of Huawei Technologies Co. Ltd. from
entity list of Bureau of Industry and
Security.
Sec. 1250E. Sense of Congress on the enduring United States commitment
to the Freely Associated States.
Sec. 1250F. Report by Defense Intelligence Agency on certain military
capabilities of China and Russia.
Sec. 1250G. Report on cybersecurity activities with Taiwan.
Sec. 1250H. Sense of Congress on United States-India defense
relationship.
Sec. 1250I. United States-India defense cooperation in the Western
Indian Ocean.
Sec. 1250J. Chinese foreign direct investment in countries of the
Arctic region.
Sec. 1250K. Sense of Congress on North Korea.
Subtitle F--Matters Relating to Europe and NATO
Sec. 1251. Extension and modification of NATO Special Operations
Headquarters.
Sec. 1252. Modification and extension of future years plan and planning
transparency for the European Deterrence
Initiative.
Sec. 1253. Protection of European Deterrence Initiative funds from
diversion for other purposes.
Sec. 1254. Statement of policy on United States military investment in
Europe.
Sec. 1255. Limitation on transfer of F-35 aircraft to Turkey.
Sec. 1256. Report on value of investments in dual use infrastructure
projects by NATO member states.
Sec. 1257. Sense of Congress on support for Poland.
Sec. 1258. European Center of Excellence for Countering Hybrid Threats.
Sec. 1259. Sense of Congress on European investments in national
security.
Sec. 1260. Briefing on Department of Defense Program to Protect United
States Students Against Foreign Agents.
Sec. 1260A. NATO Support Act.
Sec. 1260B. Extension and modification of security assistance for
Baltic countries for joint program for
interoperability and deterrence against
aggression.
Subtitle G--Other Matters
Sec. 1261. Sense of Congress on United States partners and allies.
Sec. 1262. Modification to report on legal and policy frameworks for
the use of military force.
Sec. 1263. Limitation on availability of certain funds until report
submitted on Department of Defense awards
and disciplinary action as a result of the
2017 incident in Niger.
Sec. 1264. Independent assessment of sufficiency of resources available
to United States Southern Command and
United States Africa Command.
Sec. 1265. Rule of construction relating to use of military force.
Sec. 1266. Rule of construction relating to use of military force
against Venezuela.
Sec. 1267. Sense of Congress on acquisition by Turkey of Patriot
system.
Sec. 1268. Amendments relating to civilian casualty matters.
Sec. 1269. Limitation on the production of nuclear proliferation
assessment statements.
Sec. 1270. Restriction on emergency authority relating to arms sales
under the Arms Export Control Act.
Sec. 1270A. Report on annual defense spending by ally and partner
countries.
Sec. 1270B. Sense of Congress on the United States-Israel relationship.
Sec. 1270C. Sense of Congress on stability of the Caucasus region and
the continuation of the Nagorno Karabakh
cease-fire.
Sec. 1270D. Western hemisphere resource assessment.
Sec. 1270E. Strategy to Improve the efforts of the Nigerian military to
prevent, mitigate, and respond to civilian
harm.
Sec. 1270F. Limitation on use of funds from the Special Defense
Acquisition Fund.
Sec. 1270G. Prohibition on the use of emergency authorities for the
sale or transfer of defense articles and
services to Saudi Arabia and the United
Arab Emirates.
Sec. 1270H. Prohibition on support for military participation against
the Houthis.
Sec. 1270I. Repeal of prohibition on transfer of articles on the United
States Munitions List to Cyprus.
Sec. 1270J. Prohibition on use of funds for shorter- or intermediate-
range ground launched ballistic or cruise
missile systems.
Sec. 1270K. Report on implications of Chinese military presence in
Djibouti.
Sec. 1270L. Report on efforts to combat Boko Haram in Nigeria and the
Lake Chad Basin.
Sec. 1270M. Report on Saudi led coalition strikes in Yemen.
Sec. 1270N. Prohibition on in-flight refueling to non-United States
aircraft that engage in hostilities in the
ongoing civil war in Yemen.
Sec. 1270O. United States Strategy for Libya.
Sec. 1270P. Sense of Congress relating to Mongolia.
Sec. 1270Q. Report on relationship between Lebanese armed forces and
Hizballah.
Sec. 1270R. Imposition of sanctions relating to Central America.
Sec. 1270S. Prohibition relating to joint task force with Guatemala.
Sec. 1270T. Prohibition on use of funds to establish any military
installation or base for the purpose of
providing for the permanent stationing of
United States Armed Forces in Somalia.
Sec. 1270U. Report on hostilities involving United States Armed Forces.
Sec. 1270V. Reports and briefings on use of military force and support
of partner forces.
Sec. 1270W. Repeal of Authorization for the Use of Military Force.
Subtitle H--Baltic Reassurance Act
Sec. 1271. Findings.
Sec. 1272. Sense of Congress.
Sec. 1273. Defense assessment.
Sec. 1274. Appropriate congressional committees defined.
Subtitle I--Return Expenses Paid and Yielded Act
Sec. 1281. Short title.
Sec. 1282. Modification of certification and report requirements
relating to sales of major defense
equipment with respect to which
nonrecurring costs of research,
development, and production are waived or
reduced under the Arms Export Control Act.
Sec. 1283. Review and report on use and management of administrative
surcharges under the foreign military sales
program.
Sec. 1284. Performance measures to monitor foreign military sales
program.
Sec. 1285. Report and briefing on administrative budgeting of foreign
military sales program.
Sec. 1286. Training program for relevant officials and staff of the
Defense Security Cooperation Agency.
Sec. 1287. Definitions.
Subtitle J--Matters Relating to Burma
Sec. 1291. Limitation on security assistance and security cooperation.
Sec. 1292. Imposition of existing and additional sanctions for the
violation of human rights and the
commission of human rights abuses in Burma.
Sec. 1293. Guidance relating to the mining sector of Burma.
Sec. 1294. Report and determination on accountability for war crimes,
crimes against humanity, and genocide in
Burma.
Sec. 1295. Definitions.
Subtitle K--Saudi Arabia Human Rights and Accountability
Sec. 1296. Report on intelligence community assessment relating to the
killing of Washington Post columnist Jamal
Khashoggi.
Sec. 1296A. Sanctions with respect to foreign persons that engage in
activities described in section 1281(a)(2).
Sec. 1296B. Report on Saudi Arabia's human rights record.
Subtitle L--Stop Financing of Al-Shabaab Act
Sec. 1297. Short Title.
Sec. 1297A. Sense of Congress and statement of policy.
Sec. 1297B. Report.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Funding allocations.
Sec. 1302. Specification of cooperative threat reduction funds.
Sec. 1303. Funding for cooperative biological engagement program.
Sec. 1304. Cooperative Threat Reduction Program enhancement.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense health program.
Sec. 1406. National defense sealift fund.
Subtitle B--Other Matters
Sec. 1411. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs
medical facility demonstration fund for
Captain James A. Lovell Health Care Center,
Illinois.
Sec. 1412. Authorization of appropriations for Armed Forces Retirement
Home.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Appropriations
Sec. 1501. Purpose.
Sec. 1502. Procurement.
Sec. 1503. Research, development, test, and evaluation.
Sec. 1504. Operation and maintenance.
Sec. 1505. Military personnel.
Sec. 1506. Working capital funds.
Sec. 1507. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1508. Defense Inspector General.
Sec. 1509. Defense Health Program.
Subtitle B--Financial Matters
Sec. 1511. Treatment as additional authorizations.
Sec. 1512. Special transfer authority.
Subtitle C--Other Matters
Sec. 1521. Afghanistan Security Forces Fund.
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
Sec. 1601. National Security Space Launch program.
Sec. 1602. Preparation to implement plan for use of allied launch
vehicles.
Sec. 1603. Annual determination on plan on full integration and
exploitation of overhead persistent
infrared capability.
Sec. 1604. Space-based environmental monitoring mission requirements.
Sec. 1605. Prototype program for multi-global navigation satellite
system receiver development.
Sec. 1606. Commercial space situational awareness capabilities.
Sec. 1607. Independent study on plan for deterrence in space.
Sec. 1608. Resilient enterprise ground architecture.
Sec. 1609. Demonstration of backup and complementary positioning,
navigation, and timing capabilities of
global positioning system.
Sec. 1610. Report on space debris.
Sec. 1610A. Study on leveraging diverse commercial satellite remote
sensing capabilities.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1611. Modifications to ISR Integration Council and annual briefing
requirements.
Sec. 1612. Survey and report on alignment of intelligence collections
capabilities and activities with Department
of Defense requirements.
Sec. 1613. Modification of annual authorization of appropriations for
National Flagship Language Initiative.
Sec. 1614. Intelligence assessment of relationship between women and
violent extremism.
Sec. 1615. Funding for Defense Counterintelligence and Security Agency.
Sec. 1616. Report on potential Defense Intelligence Polygraph
Examination Military Transition Program.
Subtitle C--Cyberspace-Related Matters
Sec. 1621. Notification requirements for sensitive military cyber
operations.
Sec. 1622. Quarterly cyber operations briefings.
Sec. 1623. Cyber posture review.
Sec. 1624. Tier 1 exercise of support to civil authorities for a cyber
incident.
Sec. 1625. Evaluation of cyber vulnerabilities of major weapon systems
of the Department of Defense.
Sec. 1626. Extension of the Cyberspace Solarium Commission.
Sec. 1627. Authority to use operation and maintenance funds for cyber
operations-peculiar capability development
projects.
Sec. 1628. Notification of delegation of authorities to the Secretary
of Defense for military operations in
cyberspace.
Sec. 1629. Limitation of funding for Consolidated Afloat Networks and
Enterprise Services.
Sec. 1630. Annual military cyberspace operations report.
Sec. 1631. Report on synchronization of efforts relating to
cybersecurity in the Defense Industrial
Base.
Sec. 1632. Briefings on the status of the National Security Agency and
United States Cyber Command partnership.
Sec. 1633. Modification of cyber scholarship program.
Sec. 1634. Report on cybersecurity training programs.
Sec. 1635. National Security Presidential Memorandums relating to
Department of Defense operations in
cyberspace.
Sec. 1636. Cybersecurity Defense Academy pilot program.
Subtitle D--Nuclear Forces
Sec. 1641. Improvement to annual report on the modernization of the
nuclear weapons enterprise.
Sec. 1642. Briefings on meetings held by the Nuclear Weapons Council.
Sec. 1643. Elimination of conventional requirement for long-range
standoff weapon.
Sec. 1644. Extension of annual briefing on the costs of forward-
deploying nuclear weapons in Europe.
Sec. 1645. Ten-year extension of prohibition on availability of funds
for mobile variant of ground-based
strategic deterrent missile.
Sec. 1646. Prohibition on availability of funds for deployment of low-
yield ballistic missile warhead.
Sec. 1647. Report on military-to-military dialogue to reduce the risk
of miscalculation leading to nuclear war.
Sec. 1648. Plan on nuclear command, control, and communications
systems.
Sec. 1649. Independent study on policy of no-first-use of nuclear
weapons.
Sec. 1650. Independent study on risks of nuclear terrorism and nuclear
war.
Sec. 1651. Consideration of budget matters at meetings of Nuclear
Weapons Council.
Sec. 1652. Report on nuclear forces of the United States and near-peer
countries.
Subtitle E--Missile Defense Programs
Sec. 1661. National missile defense policy.
Sec. 1662. Development of hypersonic and ballistic missile tracking
space sensor payload.
Sec. 1663. Requirement for testing of redesigned kill vehicle prior to
production.
Sec. 1664. Development of space-based ballistic missile intercept
layer.
Sec. 1665. Organization, authorities, and billets of the Missile
Defense Agency.
Sec. 1666. Missile defense interceptor site in contiguous United
States.
Sec. 1667. Missile defense radar in Hawaii.
Sec. 1668. Limitation on availability of funds for lower tier air and
missile sensor.
Sec. 1669. Command and control, battle management, and communications
program.
Sec. 1670. Annual assessment of ballistic missile defense system.
Sec. 1671. Modifications to required testing by missile defense agency
of ground-based midcourse defense element
of ballistic missile defense system.
Sec. 1672. Independent study on impacts of missile defense development
and deployment.
Sec. 1673. Report and briefing on multi-object kill vehicle.
Subtitle F--Other Matters
Sec. 1681. Modification to reports on certain solid rocket motors.
Sec. 1682. Repeal of review requirement for ammonium perchlorate
report.
Sec. 1683. Repeal of requirement for commission on electromagnetic
pulse attacks and similar events.
Sec. 1684. Conventional prompt global strike weapon system.
TITLE XVII--SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT
SYNTHETIC OPIOIDS
Sec. 1701. Short title.
Sec. 1702. Findings.
Sec. 1703. Sense of Congress.
Sec. 1704. Definitions.
Subtitle A--Sanctions With Respect to Foreign Opioid Traffickers
Sec. 1711. Identification of foreign opioid traffickers.
Sec. 1712. Sense of Congress on international opioid control regime.
Sec. 1713. Imposition of sanctions.
Sec. 1714. Description of sanctions.
Sec. 1715. Waivers.
Sec. 1716. Procedures for judicial review of classified information.
Sec. 1717. Briefings on implementation.
Sec. 1718. Inclusion of additional material in International Narcotics
Control Strategy Report.
Subtitle B--Commission on Combating Synthetic Opioid Trafficking
Sec. 1721. Commission on combating synthetic opioid trafficking.
Subtitle C--Other Matters
Sec. 1731. Director of National Intelligence program on use of
intelligence resources in efforts to
sanction foreign opioid traffickers.
Sec. 1732. Department of Defense operations and activities.
Sec. 1733. Termination.
Sec. 1734. Exception relating to importation of goods.
Sec. 1735. Appropriate committees of Congress defined.
Sec. 1736. Funding.
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. Modification of authority to carry out certain fiscal year
2019 projects.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year
2017 project.
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 authorities to carry out phased Joint
Intelligence Analysis Complex
consolidation.
Sec. 2306. Modification of authority to carry out certain fiscal year
2016 project.
Sec. 2307. Modification of authority to carry out certain fiscal year
2017 project.
Sec. 2308. Modification of authority to carry out certain fiscal year
2018 projects.
Sec. 2309. Modification of authority to carry out certain fiscal year
2019 projects.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Authorized energy resiliency and energy conservation
projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
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.
Sec. 2607. Review and report on construction of new, or maintenance of
existing, direct fuel pipeline connections
at Air National Guard and Air Force Reserve
installations.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through
Department of Defense base closure account.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program Changes
Sec. 2801. Prohibition on use of military construction funds for
construction of a wall, fence, or other
physical barrier along the southern border
of the United States.
Sec. 2802. Modification and clarification of construction authority in
the event of a declaration of war or
national emergency.
Sec. 2803. Inclusion of information regarding military installation
resilience in master plans for major
military installations.
Sec. 2804. Improved consultation with tribal governments when proposed
military construction projects potentially
impact Indian tribes.
Sec. 2805. Amendment of Unified Facilities Criteria to promote military
installation resilience, energy resilience,
energy and climate resiliency, and cyber
resilience.
Sec. 2806. Modification to Department of Defense Form 1391 regarding
consideration of potential long-term
adverse environmental effects.
Sec. 2807. Improved flood risk disclosure for military construction.
Sec. 2808. Technical corrections and improvements to defense access
road resilience.
Subtitle B--Military Family Housing Reforms
Sec. 2811. Enhanced protections for members of the Armed Forces and
their dependents residing in privatized
military housing units.
Sec. 2812. Prohibition on use of nondisclosure agreements in connection
with leases of military housing constructed
or acquired using alternative authority for
acquisition and improvement of military
housing.
Sec. 2813. Authority to furnish certain services in connection with use
of alternative authority for acquisition
and improvement of military housing.
Sec. 2814. Modification to requirements for window fall prevention
devices in military family housing units.
Sec. 2815. Assessment of hazards in Department of Defense housing.
Sec. 2816. Development of process to identify and address environmental
health hazards in Department of Defense
housing.
Sec. 2817. Report on civilian personnel shortages for appropriate
oversight of management of military housing
constructed or acquired using alternative
authority for acquisition and improvement
of military housing.
Sec. 2818. Inspector General review of Department of Defense oversight
of privatized military housing.
Sec. 2819. Department of Defense inspection authority regarding
privatized military housing.
Sec. 2820. Improvement of privatized military housing.
Sec. 2821. Installation of carbon monoxide detectors in military family
housing.
Sec. 2822. Lead-based paint testing and reporting.
Sec. 2823. Pilot program to build and monitor use of single family
homes.
Sec. 2824. Investigation of reports of reprisals relating to privatized
military housing and treatment as material
breach.
Subtitle C--Real Property and Facilities Administration
Sec. 2831. Improved energy security for main operating bases in Europe.
Sec. 2832. Access to Department of Defense facilities for credentialed
transportation workers.
Sec. 2833. Report on encroachment challenges on military installations
posed by non-military aircraft.
Sec. 2834. Report on capacity of Department of Defense to provide
survivors of natural disasters with
emergency short-term housing.
Sec. 2835. Improved recording and maintaining of Department of Defense
real property data.
Sec. 2836. Continued Department of Defense use of heating, ventilation,
and air conditioning systems utilizing
variable refrigerant flow.
Sec. 2837. Report on Department of Defense use of intergovernmental
support agreements.
Subtitle D--Land Conveyances
Sec. 2841. Land conveyance, Hill Air Force Base, Utah.
Sec. 2842. Release of conditions and reversionary interest, Camp Joseph
T. Robinson, Arkansas.
Sec. 2843. Modification of authorized uses of certain property conveyed
by the United States in Los Angeles,
California.
Subtitle E--Military Land Withdrawals
Sec. 2851. Public notice regarding upcoming periods of Secretary of the
Navy management of Shared Use Area of the
Johnson Valley Off-Highway Vehicle
Recreation Area.
Subtitle F--White Sands National Park and White Sands Missile Range
Sec. 2861. Short title.
Sec. 2862. Definitions.
Sec. 2863. Findings.
Sec. 2864. Establishment of White Sands National Park in the State of
New Mexico.
Sec. 2865. Transfers of administrative jurisdiction related to the
National Park and White Sands Missile
Range.
Sec. 2866. Boundary modifications related to the National Park and
Missile Range.
Subtitle G--Other Matters
Sec. 2871. Installation and maintenance of fire extinguishers in
Department of Defense facilities.
Sec. 2872. Definition of community infrastructure for purposes of
military base reuse studies and community
planning assistance.
Sec. 2873. Report on vulnerabilities from sea level rise to certain
military installations located outside the
continental United States.
Sec. 2874. Black start exercises at Joint Bases.
Sec. 2875. Report on projects awaiting approval from the Realty
Governance Board.
Sec. 2876. Santa Ynez Band of Chumash Indians Land Affirmation.
Sec. 2877. Report on lead service lines at military installations.
Sec. 2878. Renaming of Lejeune High School in honor of Congressman
Walter B. Jones.
Sec. 2879. Operation, maintenance, and preservation of Mare Island
Naval Cemetery, Vallejo, California.
Sec. 2880. Restrictions on rehabilitation of Over-the-Horizon
Backscatter Radar System receiving station,
Modoc County, California.
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.
TITLE XXX--AUTHORIZATION OF EMERGENCY MILITARY CONSTRUCTION
Sec. 3001. Authorization of emergency Navy construction and land
acquisition projects.
Sec. 3002. Authorization of emergency Air Force construction and land
acquisition projects.
Sec. 3003. Authorization of emergency Army National Guard and Army
Reserve construction and land acquisition
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, Limitations, and
Other Matters
Sec. 3111. Personnel levels of the Office of the Administrator for
Nuclear Security.
Sec. 3112. Office of Cost Estimating and Program Evaluation.
Sec. 3113. Clarification of certain Stockpile Responsiveness Program
objectives.
Sec. 3114. Modification to plutonium pit production capacity.
Sec. 3115. Annual certification of shipments to Waste Isolation Pilot
Plant.
Sec. 3116. Repeal of limitation on availability of funds for
acceleration of nuclear weapons
dismantlement.
Sec. 3117. Elimination of limitation on availability of funds relating
to submission of annual reports on unfunded
priorities.
Sec. 3118. Program for research and development of advanced naval
nuclear fuel system based on low-enriched
uranium.
Sec. 3119. Replacement of W78 warhead.
Sec. 3120. National Laboratory Jobs Access Program.
Sec. 3121. Independent review of plans and capabilities for nuclear
verification, detection, and monitoring of
nuclear weapons and fissile material.
Sec. 3122. Funding for low-enriched uranium research and development.
Sec. 3123. Availability of amounts for denuclearization of Democratic
People's Republic of North Korea.
Sec. 3124. Accounting practices of National Nuclear Security
Administration facilities.
Sec. 3125. Funding for inertial confinement fusion ignition and high
yield program.
Sec. 3126. Improvements to Energy Employees Occupational Illness
Compensation Program Act of 2000.
Sec. 3127. Civil penalties for violations of certain whistleblower
protections.
Sec. 3128. Limitation relating to reclassification of high-level waste.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Improvements to Defense Nuclear Facilities Safety Board.
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. Reauthorization of Maritime Security Program.
Sec. 3503. Maritime Occupational Safety and Health Advisory Committee.
Sec. 3504. Military to mariner program.
Subtitle B--Tanker Security Fleet
Sec. 3511. Tanker Security Fleet.
Subtitle C--Cable Security Fleet
Sec. 3521. Establishment of Cable Security Fleet.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas
contingency operations.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy national security programs.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
In this Act, the term ``congressional defense committees'' has the
meaning given that term in section 101(a)(16) of title 10, United
States Code.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2020
for procurement for the Army, the Navy and the Marine Corps, the Air
Force, and Defense-wide activities, as specified in the funding table
in section 4101.
Subtitle B--Navy Programs
SEC. 111. MODIFICATION OF ANNUAL REPORT ON COST TARGETS FOR CERTAIN
AIRCRAFT CARRIERS.
Section 126(c) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2035) is amended--
(1) in the subsection heading, by striking ``and CVN-80''
and inserting ``, CVN-80, and CVN-81'';
(2) in paragraph (1), by striking ``costs described in
subsection (b) for the CVN-79 and CVN-80'' and inserting ``cost
targets for the CVN-79, the CVN-80, and the CVN-81''; and
(3) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking `` and the CVN-80'' and inserting ``, the CVN-
80, and the CVN-81''
(B) in subparagraph (A), by striking ``costs
described in subsection (b)'' and inserting ``cost
targets'';
(C) in subparagraph (F), by striking ``costs
specified in subsection (b)'' and inserting ``cost
targets''; and
(D) in subparagraph (G), by striking ``costs
specified in subsection (b)'' and inserting ``cost
targets''.
SEC. 112. REPEAL OF REQUIREMENT TO ADHERE TO NAVY COST ESTIMATES FOR
CERTAIN AIRCRAFT CARRIERS.
Section 122 of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2104), as most
recently amended by section 121(a) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat.
1309), is repealed.
SEC. 113. FORD CLASS AIRCRAFT CARRIER SUPPORT FOR F-35C AIRCRAFT.
Before accepting delivery of the Ford class aircraft carrier
designated CVN-79, the Secretary of the Navy shall ensure that the
aircraft carrier is capable of operating and deploying with the F-35C
aircraft.
SEC. 114. PROHIBITION ON USE OF FUNDS FOR REDUCTION OF AIRCRAFT CARRIER
FORCE STRUCTURE.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2020 for the Department of
Defense may be obligated or expended to reduce the number of
operational aircraft carriers of the Navy below the number specified in
section 8062(b) of title 10, United States Code.
SEC. 115. DESIGN AND CONSTRUCTION OF AMPHIBIOUS TRANSPORT DOCK
DESIGNATED LPD-31.
(a) In General.--Using funds authorized to be appropriated for the
Department of Defense for Shipbuilding and Conversion, Navy, the
Secretary of the Navy may enter into a contract, beginning with the
fiscal year 2020 program year, for the design and construction of the
amphibious transport dock designated LPD-31.
(b) Use of Incremental Funding.--With respect to the contract
entered into under subsection (a), the Secretary may use incremental
funding to make payments under the contract.
(c) Condition for Out-year Contract Payments.--The contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under such contract for any fiscal year
after fiscal year 2020 is subject to the availability of appropriations
for that purpose for such later fiscal year.
SEC. 116. LIMITATION ON AVAILABILITY OF FUNDS PENDING QUARTERLY UPDATES
ON THE CH-53K KING STALLION HELICOPTER PROGRAM.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2020 for aircraft
procurement, Navy, for the CH-53K King Stallion helicopter program, not
more than 50 percent may be obligated or expended until a period of 30
days has elapsed following the date on which the Secretary of the Navy
provides the first briefing required under subsection (b).
(b) Quarterly Briefings Required.--
(1) In general.--Beginning not later than October 1, 2019,
and on a quarterly basis thereafter through October 1, 2022,
the Secretary of the Navy shall provide to the Committee on
Armed Services of the House of Representatives a briefing on
the progress of the CH-53K King Stallion helicopter program.
(2) Elements.--Each briefing under paragraph (1) shall
include, with respect to the CH-53K King Stallion helicopter
program, the following:
(A) An overview of the program schedule.
(B) A statement of the total cost of the program as
of the date of the briefing, including the costs of
development, testing, and production.
(C) A comparison of the total cost of the program
relative to the approved acquisition program baseline.
(D) An assessment of flight testing under the
program, including identification of the number of test
events have been conducted on-time in accordance with
the joint integrated program schedule.
(E) An update on the correction of technical
deficiencies under the program, including--
(i) identification of the technical
deficiencies that have been corrected as of the
date of the briefing;
(ii) identification of the technical
deficiencies that have been discovered, but not
corrected, as of such date;
(iii) an estimate of the total cost of
correcting technical deficiencies under the
program; and
(iv) an explanation of any significant
deviations from the testing and program
schedule that are anticipated due to the
discovery and correction of technical
deficiencies.
SEC. 117. LIMITATION ON AVAILABILITY OF FUNDS FOR VH-92A HELICOPTER.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2020 for procurement
for the VH-92A helicopter, not more than 75 percent may be obligated or
expended until the date on which the Secretary of Navy submits to the
Committee on Armed Services of the House of Representatives the report
required under subsection (b).
(b) Report Required.--The Secretary of the Navy shall submit to the
Committee on Armed Services of the House of Representatives a report
assessing the status of the VH-92A helicopter program industrial base
and the potential impact of proposed manufacturing base changes on the
acquisition program. The report shall include a description of--
(1) estimated effects on the manufacturing readiness level
of the VH-92 program due to planned changes to the program
manufacturing base;
(2) the estimated costs and assessment of cost risk to the
program due to planned changes to the program manufacturing
base;
(3) any estimated schedule impacts, including impacts on
delivery dates for the remaining low-rate initial production
lots and full rate production, resulting from changes to the
manufacturing base;
(4) an assessment of the effect of changes to the
manufacturing base on VH-92A sustainment; and
(5) the impact of such changes on production and
sustainment capacity for the MH-60 and CH-53K helicopters of
the Navy.
SEC. 118. NATIONAL DEFENSE RESERVE FLEET VESSEL.
(a) In General.--Subject to the availability of appropriations, the
Secretary of the Navy, acting through the executive agent described in
subsection (e), shall seek to enter into a contract for the
construction of one sealift vessel for the National Defense Reserve
Fleet.
(b) Delivery Date.--The contract entered into under subsection (a)
shall specify a delivery date for the sealift vessel of not later than
September 30, 2026.
(c) Design and Construction Requirements.--
(1) Use of existing design.--The design of the sealift
vessel shall be based on a domestic or foreign design that
exists as of the date of the enactment of this Act.
(2) Commercial standards and practices.--Subject to
paragraph (1), the sealift vessel shall be constructed using
commercial design standards and commercial construction
practices that are consistent with the best interests of the
Federal Government.
(3) Domestic shipyard.--The sealift vessel shall be
constructed in a shipyard that is located in the United States.
(d) Certificate and Endorsement.--The sealift vessel shall meet the
requirements necessary to receive a certificate of documentation and a
coastwise endorsement under chapter 121 of tile 46, United States Code,
and the Secretary of the Navy shall ensure that the completed vessel
receives such a certificate and endorsement.
(e) Executive Agent.--
(1) In general.--The Secretary of the Navy shall seek to
enter into a contract or other agreement with a private-sector
entity under which the entity shall act as executive agent for
the Secretary for purposes of the contract under subsection
(a).
(2) Responsibilities.--The executive agent described in
paragraph (1) shall be responsible for--
(A) selecting a shipyard for the construction of
the sealift vessel;
(B) managing and overseeing the construction of the
sealift vessel; and
(C) such other matters as the Secretary of the Navy
determines to be appropriate
(f) Use of Incremental Funding.--With respect to the contract
entered into under subsection (a), the Secretary of the Navy may use
incremental funding to make payments under the contract.
(g) Sealift Vessel Defined.--In this section, the term ``sealift
vessel'' means the sealift vessel constructed for the National Defense
Reserve Fleet pursuant to the contract entered into under subsection
(a).
SEC. 119. REPORT ON PLANS TO SUPPORT AND MAINTAIN AIRCRAFT AT MARINE
CORPS AIR STATIONS.
(a) Report Required.--No later than 90 days after the date of the
enactment of this Act, the Secretary of the Navy shall submit to the
congressional defense committees a report on the plans of the Secretary
to support and maintain aircraft assigned to Marine Corps air stations
that are transitioning from the F-18 Hornet aircraft to the F-35
Lightning aircraft.
(b) Elements.--The report under subsection (a) shall include--
(1) the number and composition of squadrons assigned to
each air station;
(2) the support and maintenance workforce, including
uniformed military, civilian, and contract personnel; and
(3) the construction of aircraft and support facilities
associated with the beddown of F-35 aircraft at each air
station.
Subtitle C--Air Force Programs
SEC. 121. MODIFICATION OF REQUIREMENT TO PRESERVE CERTAIN C-5 AIRCRAFT.
Section 141(d) of the National Defense Authorization Act for Fiscal
Year 2013 (Public Law 112-239; 126 Stat. 1661) is amended--
(1) in paragraph (1), by striking ``until the date that is
30 days after the date on which the briefing under section
144(b) of the National Defense Authorization Act for Fiscal
Year 2018 is provided to the congressional defense
committees''; and
(2) in paragraph (2)(A), by striking ``can be returned to
service'' and inserting ``is inducted into or maintained in
type 1000 recallable storage''.
SEC. 122. MODIFICATION OF LIMITATION ON USE OF FUNDS FOR KC-46A
AIRCRAFT.
Section 146(a)(1) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) is amended
by striking ``the military type certification'' and inserting ``either
the military type certification or a military flight release''.
SEC. 123. F-15EX AIRCRAFT PROGRAM.
(a) Designation of Major Subprogram.--In accordance with section
2430a of title 10, United States Code, the Secretary of Defense shall
designate the F-15EX program as a major subprogram of the F-15 aircraft
program.
(b) Limitation.--Except as provided in subsection (c), none of the
funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2020 for the Air Force may be obligated or
expended to procure an F-15EX aircraft until a period of 30 days has
elapsed following the date on which the Secretary of the Air Force
submits to the congressional defense committees the following
documentation relating to the F-15EX program:
(1) A program acquisition strategy.
(2) An acquisition program baseline.
(3) A test and evaluation master plan.
(4) A life-cycle sustainment plan.
(5) A post-production fielding strategy.
(c) Exception for Production of Prototypes.--
(1) In general.--Notwithstanding subsection (b), the
Secretary of the Air Force may use the funds described in
paragraph (2) to develop, produce, and test not more than two
prototypes of the F-15EX aircraft.
(2) Funds described.--The funds described in this paragraph
are funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2020 for the Air Force
for any of the following:
(A) Research and development, nonrecurring
engineering.
(B) Aircraft procurement.
(d) F-15EX Program Defined.--In this section, the term ``F-15EX
program'' means the F-15EX aircraft program of the Air Force as
described in the materials submitted to Congress by the Secretary of
Defense in support of the budget of the President for fiscal year 2020
(as submitted to Congress under section 1105(a) of title 31, United
States Code).
SEC. 124. PROHIBITION ON AVAILABILITY OF FUNDS FOR REDUCTION IN KC-10
PRIMARY MISSION AIRCRAFT INVENTORY.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2020 for the Air Force may be
obligated or expended to reduce the number of KC-10 aircraft in the
primary mission aircraft inventory of the Air Force.
SEC. 125. LIMITATION ON AVAILABILITY OF FUNDS FOR VC-25B AIRCRAFT.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2020 or any
subsequent fiscal year for the Air Force may be obligated or expended
to carry out over-and-above work on the VC-25B aircraft until the date
on which the Secretary of the Air Force certifies to the congressional
defense committees that--
(1) with respect to work relating to aircraft paint scheme,
interiors and livery, such work will not result in changes to
the VC-25B aircraft that cause the aircraft to exceed--
(A) the specification requirements applicable to
the VC-25A aircraft; or
(B) the quality or grade of the VC-25A aircraft;
(2) the livery for the VC-25B aircraft will comply with the
criteria set forth in the report of the Boeing Company titled
``Phase II Aircraft Livery and Paint Study Final Report'' as
submitted to the Federal Government in April 2017;
(3) such work is not a result of late design changes made
by the Federal Government to the interior design of the VC-25B
aircraft; and
(4) such work is not a result of rework that exceeds the
criteria set forth in the report of the Boeing Company titled
``Presidential Quality Interior Acceptance Standards Report''
as submitted to the Federal Government in September 2018.
(b) Over-and-above Work Defined.--In this section, the term ``over-
and-above work'' means work discovered during the course of performing
overhaul, maintenance, or repair efforts that--
(1) is within the general scope of the contract pursuant to
which such efforts are carried out;
(2) is not covered by a line item for the basic work under
the contract; and
(3) is necessary in order to satisfactorily complete the
contract.
SEC. 126. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT OF RC-135
AIRCRAFT.
(a) Limitation.--Except as provided in subsection (b), none of the
funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2020 for the Air Force may be obligated or
expended to retire, or prepare to retire, any RC-135 aircraft until a
period of 60 days has elapsed following the date on which the Secretary
of Defense certifies to the congressional defense committees that--
(1) technologies other than the RC-135 aircraft provide
capacity and capabilities equivalent to the capacity and
capabilities of the RC-135 aircraft; and
(2) the capacity and capabilities of such other
technologies meet the requirements of combatant commanders with
respect to indications and warning, intelligence preparation of
the operational environment, and direct support for kinetic and
nonkinetic operations.
(b) Exception.--The limitation in subsection (a) shall not apply to
individual RC-135 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.
SEC. 127. REPORT ON AIRCRAFT FLEET OF THE CIVIL AIR PATROL.
(a) Report.--Not later than 90 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 aircraft fleet of the
Civil Air Patrol.
(b) Elements.--The report required by subsection (a) shall include
an assessment of each of the following:
(1) Whether the number of aircraft, types of aircraft, and
operating locations that comprise the Civil Air Patrol fleet
are suitable for the missions and responsibilities assigned to
the Civil Air Patrol, including--
(A) flight proficiency and training;
(B) operational mission training; and
(C) support for cadet orientation and cadet flight
training programs in the Civil Air Patrol wing of each
State.
(2) The ideal overall size of the Civil Air Patrol aircraft
fleet, including a description of the factors used to determine
that ideal size.
(3) The process used by the Civil Air Patrol and the Air
Force to determine the number and location of aircraft
operating locations and whether State Civil Air Patrol wing
commanders are appropriately involved in that process.
(4) The process used by the Civil Air Patrol, the Air
Force, and other relevant entities to determine the type and
number of aircraft that are needed to support the emergency,
operational, and training missions of the Civil Air Patrol.
SEC. 128. INCREASE IN FUNDING FOR RC-135 AIRCRAFT.
(a) Increase for RC-135.--Notwithstanding the amounts set forth in
the funding tables in division D, the amount authorized to be
appropriated in section 101 for procurement, as specified in the
corresponding funding table in section 4101, for Aircraft Procurement,
Air Force, other aircraft, RC-135, line 055 is hereby increased by
$171,000,000.
(b) Increase for DARP RC-135.--Notwithstanding the amounts set
forth in the funding tables in division D, the amount authorized to be
appropriated in section 101 for procurement, as specified in the
corresponding funding table in section 4101, for other procurement, Air
Force, special support projects, DARP RC135, line 063 is hereby
increased by $29,000,000.
(c) Offsets.--
(1) Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated
in section 301 for operation and maintenance, as specified in
the corresponding funding table in section 4301, for operation
and maintenance, Defense-wide, admin & servicewide activities,
Defense Contract Management Agency, line 200 is hereby reduced
by $25,000,000.
(2) Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated
in section 301 for operation and maintenance, as specified in
the corresponding funding table in section 4301, for operation
and maintenance, Defense-wide, admin & servicewide activities,
Office of the Secretary of Defense, line 460 is hereby reduced
by $25,000,000.
(3) Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated
in section 101 for procurement, as specified in the
corresponding funding table in section 4101, for Aircraft
Procurement, Air Force, Initial Spares/Repair Parts, line 069
is hereby reduced by $40,000,000.
(4) Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated
in section 101 for procurement, as specified in the
corresponding funding table in section 4101, for Aircraft
Procurement, Air Force, Other Production Charges, line 088 is
hereby reduced by $33,000,000.
(5) Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated
in section 101 for procurement, as specified in the
corresponding funding table in section 4101, for Aircraft
Procurement, Air Force, Flares, line 015 is hereby reduced by
$14,000,000.
(6) Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated
in section 201 for research, development, test, and evaluation,
as specified in the corresponding funding table in section
4201, for Research, Development, Test & Evaluation, Air Force,
Acq Workforce-Global Vigilance and Combat Systems, line 130 is
hereby reduced by $25,000,000.
(7) Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated
in section 201 for research, development, test, and evaluation,
as specified in the corresponding funding table in section
4201, for Research, Development, Test & Evaluation, Air Force,
Acq Workforce-Global Battle Management, line 133 is hereby
reduced by $16,000,000.
(8) Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated
in section 201 for research, development, test, and evaluation,
as specified in the corresponding funding table in section
4201, for Research, Development, Test & Evaluation, Air Force,
Acq Workforce-Capability Integration, line 134 is hereby
reduced by $22,000,000.
SEC. 129. PROVISIONS RELATING TO RC-26B MANNED INTELLIGENCE,
SURVEILLANCE, AND RECONNAISSANCE AIRCRAFT.
(a) Limitation of Funds.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year
2020 for the Air Force may be obligated or expended to retire, divest,
realign, or place in storage or on backup aircraft inventory status, or
prepare to retire, divest, realign, or place in storage or on backup
aircraft inventory status, any RC-26B aircraft until a period of 60
days has elapsed following the date on which the Secretary of Defense
certifies to the congressional defense committees that--
(1) technologies or platforms other than the RC-26B
aircraft provide capacity and capabilities equivalent to the
capacity and capabilities of the RC-26B aircraft; and
(2) the capacity and capabilities of such other
technologies or platforms meet the requirements of combatant
commanders with respect to indications and warning,
intelligence preparation of the operational environment, and
direct support for kinetic and non-kinetic operations.
(b) Exception.--The limitation in subsection (a) shall not apply to
individual RC-26 aircraft that the Secretary of the Air Force
determines, on a case-by-case basis, to be no longer mission capable
because of mishaps or other damage.
(c) Funding for RC-26B Manned Intelligence, Surveillance, and
Reconnaissance Platform.--
(1) Of the amount authorized to be appropriated in section
301 for operation and maintenance, as specified in the
corresponding funding table in 4301, for operation and
maintenance, Air National Guard, the Secretary of the Air Force
may transfer up to $15,000,000 for the purposes of the RC-26B
manned intelligence, surveillance, and reconnaissance platform.
(2) Of the amount authorized to be appropriated in section
421 for military personnel, as specified in the corresponding
funding table in 4401, the Secretary of the Air Force may
transfer up to $16,000,000 from military personnel, Air
National Guard for personnel who operate and maintain the RC-
26B manned intelligence, surveillance, and reconnaissance
platform.
(d) Memorandum of Agreement.--Notwithstanding any other provision
of law, the Chief of the National Guard Bureau may enter into one or
more Memorandum of Agreement with other Federal entities for the
purposes of assisting with the missions and activities of such
entities.
(e) Air Force Report.--Not later than 90 days after enactment of
this Act, the Secretary of the Air Force shall submit to congressional
defense committees a report detailing the manner in which the Secretary
would provide manned and unmanned intelligence, surveillance, and
reconnaissance mission support or manned and unmanned incident
awareness and assessment mission support to military and non-military
entities in the event the RC-26B is divested. The Secretary shall
include a determination regarding whether or not this support would be
commensurate with that which the RC-26B is able to provide. The
Secretary, in consultation with the Chief of the National Guard Bureau
shall also contact and survey the support requirements of other Federal
agencies and provide an assessment for potential opportunities to enter
into one or more Memorandum of Agreements with such agencies for the
purposes of assisting with the missions and activities of such
entities, such as domestic or, subject to legal authorities, foreign
operations, including but not limited to situational awareness, damage
assessment, evacuation monitoring, search and rescue, chemical,
biological, radiological, and nuclear assessment, hydrographic survey,
dynamic ground coordination, and cyberspace incident response.
SEC. 130. AIR FORCE AGGRESSOR SQUADRON MODERNIZATION.
(a) Sense of the House of Representatives.--It is the sense of the
House of Representatives that--
(1) it is critical that the Air Force has the capability to
train against an advanced air adversary in order to be prepared
for conflicts against a modern enemy force;
(2) in order to have this capability, Air Force must have
access to an advanced adversary force prior to United States
adversaries fielding a 5th-generation operational capability;
and
(3) the Air Force's plan to use low-rate initial production
F-35As as aggressor aircraft reflects a recognition of the need
to field a modernized aggressor fleet.
(b) Report.--
(1) In general.--No later than 6 months prior to the
transfer of any low-rate initial production F-35 aircraft for
use as aggressor aircraft, the Chief of Staff of the Air Force
shall submit to the congressional defense committees, and the
Member of Congress and the Senators who represent bases from
where aircraft may be transferred, a comprehensive plan and
report on the strategy for modernizing the organic aggressor
fleet.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) Potential locations for F-35A aggressor
aircraft, including an analysis of installations that--
(i) have the size and availability of
airspace necessary to meet flying operations
requirements;
(ii) have sufficient capacity and
availability of range space;
(iii) are capable of hosting advanced-
threat training exercises; and
(iv) meet or require minimal addition to
the environmental requirements associated with
the basing action.
(B) An analysis of the potential cost and benefits
of expanding aggressor squadrons currently operating 18
Primary Assigned Aircraft (PAA) to a level of 24 PAA
each.
(C) An analysis of the cost and timelines
associated with modernizing the current Air Force
aggressor squadrons to include upgrading aircraft's
radar, infrared search-and-track systems, radar warning
receiver, tactical datalink, threat-representative
jamming pods, and other upgrades necessary to provide a
realistic advanced adversary threat.
(D) Any costs associated with moving the aircraft.
(E) Any jobs on the relevant military installation
that may be affected by said changes.
SEC. 130A. OPEN SKIES TREATY AIRCRAFT RECAPITALIZATION PROGRAM.
(a) In General.--The Secretary of the Air Force shall ensure that
any Request for Proposals for the procurement of an OC-135B aircraft
under the Open Skies Treaty aircraft recapitalization program meets the
requirements for full and open competition as set forth in section 2304
of title 10, United States Code, and incorporates a full competitive
bidding process, to include both new production aircraft and recently
manufactured low-hour, low-cycle aircraft
(b) Open Skies Treaty Defined.--The term ``Open Skies Treaty''
means the Treaty on Open Skies, done at Helsinki March 24, 1992, and
entered into force January 1, 2002.
Subtitle D--Defense-wide, Joint, and Multiservice Matters
SEC. 131. ECONOMIC ORDER QUANTITY CONTRACTING AND BUY-TO-BUDGET
ACQUISITION FOR F-35 AIRCRAFT PROGRAM.
(a) Economic Order Quantity Contract Authority.--
(1) In general.--Subject to paragraphs (2) through (5),
from amounts made available for obligation under the F-35
aircraft program for fiscal year 2020, the Secretary of Defense
may enter into one or more contracts, beginning with the fiscal
year 2020 program year, for the procurement of economic order
quantities of material and equipment that has completed formal
hardware qualification testing for the F-35 aircraft program
for use in procurement contracts to be awarded for such program
during fiscal years 2021, 2022, and 2023.
(2) Limitation.--The total amount obligated under all
contracts entered into under paragraph (1) shall not exceed
$574,000,000.
(3) Preliminary findings.--Before entering into a contract
under paragraph (1), the Secretary of Defense shall make each
of the following findings with respect to such contract:
(A) The use of such a contract will result in
significant savings of the total anticipated costs of
carrying out the program through annual contracts.
(B) The minimum need for the property to be
procured is expected to remain substantially unchanged
during the contemplated contract period in terms of
production rate, procurement rate, and total
quantities.
(C) There is a reasonable expectation that,
throughout the contemplated contract period, the
Secretary will request funding for the contract at the
level required to avoid contract cancellation.
(D) That there is a stable, certified, and
qualified design for the property to be procured and
that the technical risks and redesign risks associated
with such property are low.
(E) The estimates of both the cost of the contract
and the anticipated cost avoidance through the use of
an economic order quantity contract are realistic.
(F) Entering into the contract will promote the
national security interests of the United States.
(4) Certification requirement.--Except as provided in
paragraph (5), the Secretary of Defense may not enter into a
contract under paragraph (1) until a period of 30 days has
elapsed following the date on which the Secretary certifies to
the congressional defense committees, in writing, that each of
the following conditions is satisfied:
(A) A sufficient number of end items of the system
being acquired under such contract have been delivered
at or within the most recently available estimates of
the program acquisition unit cost or procurement unit
cost for such system to determine that the estimates of
the unit costs are realistic.
(B) During the fiscal year in which such contract
is to be awarded, sufficient funds will be available to
perform the contract in such fiscal year, and the
future-years defense program submitted to Congress
under section 221 of title 10, United States Code, for
that fiscal year will include the funding required to
execute the program without cancellation.
(C) The contract is a fixed-price type contract.
(D) The proposed contract provides for production
at not less than minimum economic rates given the
existing tooling and facilities.
(E) The Secretary has determined that each of the
conditions described in subparagraphs (A) through (F)
of paragraph (3) will be met by such contract and has
provided the basis for such determination to the
congressional defense committees.
(F) The determination under subparagraph (E) was
made after the completion of a cost analysis performed
by the Director of Cost Assessment and Program
Evaluation for the purpose of section 2334 of title 10,
United States Code, and the analysis supports that
determination.
(5) Exception.--Notwithstanding paragraph (4), the
Secretary of Defense may enter into a contract under paragraph
(1) on or after March 1, 2020, if--
(A) the Director of Cost Assessment and Program
Evaluation has not completed a cost analysis of the
preliminary findings made by the Secretary under
paragraph (3) with respect to the contract;
(B) the Secretary certifies to the congressional
defense committees, in writing, that each of the
conditions described in subparagraphs (A) through (E)
of paragraph (4) is satisfied; and
(C) a period of 30 days has elapsed following the
date on which the Secretary submits the certification
under subparagraph (B).
(b) Buy-to-budget Acquisition.--Subject to section 2308 of title
10, United States Code, using funds authorized to be appropriated by
this Act for the procurement of F-35 aircraft, the Secretary of Defense
may procure a quantity of F-35 aircraft in excess of the quantity
authorized by this Act if such additional procurement does not require
additional funds to be authorized to be appropriated because of
production efficiencies or other cost reductions.
SEC. 132. PROGRAM REQUIREMENTS FOR THE F-35 AIRCRAFT PROGRAM.
(a) Designation of Major Subprogram.--In accordance with section
2430a of title 10, United States Code, the Secretary of Defense shall
designate F-35 Block 4 as a major subprogram of the F-35 aircraft
program.
(b) Cost Estimates.--
(1) Joint cost estimate.--The Secretary of the Air Force
and the Secretary of the Navy shall jointly develop a joint
service cost estimate for the life-cycle costs of the F-35
aircraft program.
(2) Independent cost estimate.--The Director of Cost
Assessment and Program Evaluation shall develop an independent
cost estimate for the life-cycle costs of the F-35 aircraft
program.
(3) Submittal to congress.--The cost estimates required
under paragraphs (1) and (2) shall be submitted to the
congressional defense committees not later than 180 days after
the date of the enactment of this Act.
(c) Revision of Program Elements.--
(1) Revision required.--The Secretary of Defense shall
revise the program elements applicable to the F-35 aircraft
program as follows:
(A) Research and development.--The program element
for research and development costs (as that element was
specified in the materials submitted to Congress by the
Secretary of Defense in support of the budget of the
President for fiscal year 2020 (as submitted to
Congress under section 1105(a) of title 31, United
States Code)) shall be separated into the following
individual program elements:
(i) System development and demonstration
closeout.
(ii) F-35 Block 4.
(iii) Autonomic logistics information
system development and upgrades.
(iv) Dual-capable aircraft.
(v) Test infrastructure.
(vi) Additional program budget elements, as
required, for each modernization or upgrade
effort initiated after F-35 Block 4.
(B) Procurement.--The program element for
procurement costs (as that element was specified in the
materials submitted to Congress by the Secretary of
Defense in support of the budget of the President for
fiscal year 2020 (as submitted to Congress under
section 1105(a) of title 31, United States Code)) shall
be separated into the following individual program
elements:
(i) Recurring fly-away and ancillary
equipment.
(ii) Non-recurring fly-away and ancillary
equipment.
(iii) F-35 Block 4.
(iv) Autonomic logistics information
system.
(v) Dual-capable aircraft.
(vi) Engineering support.
(vii) Aircraft retrofit and modification.
(viii) Depot activation.
(ix) Initial spares.
(x) Production support.
(2) Inclusion in budget materials.--The Secretary of
Defense shall ensure that each revised program element
described in paragraph (1) is included, with a specific dollar
amount, in the materials relating to the F-35 aircraft program
submitted to Congress by the Secretary of Defense in support of
the budget of the President (as submitted to Congress under
section 1105(a) of title 31, United States Code) for fiscal
year 2021 and each fiscal year thereafter until the date on
which the F-35 aircraft program terminates.
(d) Comptroller General Reports.--
(1) Annual report required.--Not later than 30 days after
the date on which the budget of the President is submitted to
Congress under section 1105(a) of title 31, United States Code,
for each of fiscal years 2021 through 2025, the Comptroller
General of the United States shall submit to the congressional
defense committees a report on the F-35 aircraft program.
(2) Elements.--Each report under paragraph (1) shall
include, with respect to the F-35 aircraft program, the
following:
(A) An assessment of the progress of manufacturing
processes improvement under the program.
(B) The business case analysis of the Department of
Defense for F-35 Block 4 follow-on modernization
efforts.
(C) The progress and results of F-35 Block 4 and
other follow-on modernization development and testing
efforts.
(D) The Department's schedule for delivering
software upgrades in six-month, scheduled increments.
(E) The progress and results of any other
significant hardware development and fielding efforts
necessary for F-35 Block 4.
(F) Any other issues the Comptroller General
determines to be appropriate.
(e) F-35 Block 4 Defined.--In this section, the term ``F-35 Block
4'' means Block 4 capability upgrades for the F-35 aircraft program as
described in the Selected Acquisition Report for the program submitted
to Congress in March 2019, pursuant to section 2432 of title 10, United
States Code.
SEC. 133. REPORTS ON F-35 AIRCRAFT PROGRAM.
(a) Report on F-35 Reliability and Maintainability Metrics.--The
Secretary of Defense shall submit to the congressional defense
committees a report on the reliability and maintainability metrics for
the F-35 aircraft. The report shall include the following:
(1) The results of a review and assessment, conducted by
the program office for the F-35 aircraft program, of the
reliability and maintainability metrics for the aircraft as set
forth in the most recent operational requirements document for
the program.
(2) A determination of whether the reliability and
maintainability metrics for the aircraft, as set forth in the
most recent operational requirements document for the program,
are feasible and attainable, and what changes, if any, will be
made to update the metrics.
(3) A certification that the program office for the F-35
aircraft program has revised the reliability and
maintainability improvement plan for the aircraft--
(A) to identify specific and measurable reliability
and maintainability objectives in the improvement plan
guidance; and
(B) to identify and document which projects
included in the improvement plan will achieve the
objectives identified under subparagraph (A).
(b) Report on F-35 Block 4.--
(1) In general.--The Secretary of Defense shall submit to
the congressional defense committees a report on F-35 Block 4.
The report shall include the following:
(A) The results of an independent cost estimate for
F-35 Block 4 conducted by the Director of Cost
Assessment and Program Evaluation.
(B) A test and evaluation master plan, approved by
the Director of Operational Test and Evaluation, that
addresses testing resources, testing aircraft
shortfalls, and testing funding.
(C) A technology readiness assessment of all
technologies and capabilities planned for F-35 Block 4
conducted by the Under Secretary of Defense for
Research and Engineering.
(D) A review of the feasibility of the continuous
capability development and delivery strategy for
fielding F-35 Block 4 technologies conducted by the
Under Secretary of Defense for Research and
Engineering.
(2) F-35 block 4 defined.--In this subsection, the term
``F-35 Block 4'' has the meaning given that term in section
132(e).
(c) Report on F-35 Autonomic Logistics Information System.--The
Secretary of Defense shall submit to the congressional defense
committees a report on the autonomic logistics information system of
the F-35 aircraft. The report shall include a description of each of
the following:
(1) All shortfalls, capability gaps, and deficiencies in
the system that have been identified as of the date of the
enactment of this Act.
(2) The strategy and performance requirements that will be
implemented to improve the system.
(3) The strategy, implementation plan, schedule, and
estimated costs of developing and fielding--
(A) the next generation of the system; or
(B) future increments of the system.
(d) Deadline for Submittal.--The reports required under subsections
(a) through (c) shall be submitted to the congressional defense
committees not later than 180 days after the date of the enactment of
this Act.
SEC. 134. REQUIREMENT TO SEEK COMPENSATION FOR FAILURE TO DELIVER NON-
READY-FOR-ISSUE SPARE PARTS FOR THE F-35 AIRCRAFT
PROGRAM.
The Secretary of Defense shall take such action as necessary to
seek compensation from the contractor for costs related to the failure
to deliver non-Ready-For-Issue spare parts for the F-35 aircraft
program as described in described in the report titled ``Audit of F-35
Ready-For-Issue Spare Parts and Sustainment Performance Incentive
Fees'' (DODIG-2019-094) issued by the Department of Defense Inspector
General on June 13, 2019.
SEC. 135. PROCUREMENT AUTHORITY FOR LIGHT ATTACK AIRCRAFT.
(a) Procurement Authority for Combat Air Advisor Support.--Subject
to subsection (b), the Commander of the United States Special
Operations Command may procure light attack aircraft for Combat Air
Advisor mission support.
(b) Certification Required.--The Commander of the United States
Special Operations Command may not procure light attack aircraft under
subsection (a) until a period of 60 days has elapsed following the date
on which the Commander certifies to the congressional defense
committees that a mission capability gap and special-operations-forces-
peculiar acquisition requirement exists which can be mitigated with
procurement of a light attack aircraft capability.
(c) Authority to Use or Transfer Funds Made Available for Light
Attack Aircraft Experiments.--The Secretary of the Air Force shall use
or transfer amounts authorized to be appropriated by this Act for Light
Attack Aircraft experiments to procure the required quantity of
aircraft for--
(1) Air Combat Command's Air Ground Operations School; and
(2) Air Force Special Operations Command for Combat Air
Advisor mission support in accordance with subsection (a).
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2020
for the use of the Department of Defense for research, development,
test, and evaluation, as specified in the funding table in section
4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. PROGRAM ON ENHANCEMENT OF PREPARATION OF DEPENDENTS OF
MEMBERS OF ARMED FORCES FOR CAREERS IN SCIENCE,
TECHNOLOGY, ENGINEERING, AND MATHEMATICS.
(a) Program Required.--Chapter 111 of title 10, United States Code,
is amended by inserting after section 2192a the following new section:
``Sec. 2192b. Program on enhancement of preparation of dependents of
members of armed forces for careers in science,
technology, engineering, and mathematics
``(a) Program Required.--The Secretary of Defense shall carry out a
program to--
``(1) enhance the preparation of students at covered
schools for careers in science, technology, engineering, and
mathematics; and
``(2) provide assistance to teachers at covered schools to
enhance preparation described in paragraph (1).
``(b) Coordination.--In carrying out the program, the Secretary
shall coordinate with the following:
``(1) The Secretaries of the military departments.
``(2) The Secretary of Education.
``(3) The National Science Foundation.
``(4) Other organizations as the Secretary of Defense
considers appropriate.
``(c) Activities.--Activities under the program may include the
following:
``(1) Establishment of targeted internships and cooperative
research opportunities at defense laboratories and other
technical centers for students and teachers at covered schools.
``(2) Establishment of scholarships and fellowships for
students at covered schools.
``(3) Efforts and activities that improve the quality of
science, technology, engineering, and mathematics educational
and training opportunities for students and teachers at covered
schools, including with respect to improving the development of
curricula at covered schools.
``(4) Development of travel opportunities, demonstrations,
mentoring programs, and informal science education for students
and teachers at covered schools.
``(d) Metrics.--The Secretary shall establish outcome-based metrics
and internal and external assessments to evaluate the merits and
benefits of activities conducted under the program with respect to the
needs of the Department of Defense.
``(e) Covered Schools Defined.--In this section, the term `covered
schools' means elementary or secondary schools at which the Secretary
determines a significant number of dependents of members of the armed
forces are enrolled.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2192a the following new item:
``2192b. Program on enhancement of preparation of dependents of members
of armed forces for careers in science,
technology, engineering, and
mathematics.''.
(c) Conforming Repeal.--Section 233 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. 2193a note) is repealed.
SEC. 212. TEMPORARY INCLUSION OF JOINT ARTIFICIAL INTELLIGENCE CENTER
OF THE DEPARTMENT OF DEFENSE IN PERSONNEL MANAGEMENT
AUTHORITY TO ATTRACT EXPERTS IN SCIENCE AND ENGINEERING.
(a) In General.--Subsection (a) of section 1599h of title 10,
United States Code, is amended by adding at the end the following new
paragraph:
``(6) Joint artificial intelligence center.--The Director
of the Joint Artificial Intelligence Center may carry out a
program of personnel management authority provided in
subsection (b) in order to facilitate recruitment of eminent
experts in science or engineering for the Center. The authority
to carry out the program under this paragraph shall terminate
on December 31, 2024.''.
(b) Scope of Appointment Authority.--Subsection (b)(1) of such
section is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by adding ``and'' at the end; and
(3) by adding at the end the following new subparagraph:
``(F) in the case of the Joint Artificial
Intelligence Center, appoint scientists and engineers
to a total of not more than 5 scientific and
engineering positions in the Center;''.
(c) Extension of Terms of Appointment.--Subsection (c)(2) of such
section is amended by striking ``or the Defense Innovation Unit
Experimental'' and inserting ``the Defense Innovation Unit
Experimental, or the Joint Artificial Intelligence Center''.
SEC. 213. JOINT HYPERSONICS TRANSITION OFFICE.
Section 218 of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364; 10 U.S.C. 2358 note) is
amended--
(1) in subsection (a), by striking ``the program required
under subsection (b), and shall'' and inserting ``the program
and activities described in subsections (d) through (g), and
shall'';
(2) by redesignating subsections (b) through (e) as
subsections (d) through (g), respectively;
(3) by inserting after subsection (a) the following new
subsections:
``(b) Director.--There is a Director of the Office (referred to in
this section as the `Director'). The Director shall be appointed by the
Secretary of Defense and shall serve as the senior official in the
Department of Defense with principal responsibility for carrying out
the program and activities described in subsections (d) through (g).
The Director shall report to the Assistant Director for Hypersonics
within the Office of the Under Secretary of Defense for Research and
Engineering.
``(c) University Consortium.--
``(1) Designation.--The Director shall designate a
consortium of institutions of higher education (as that term is
defined in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001)) to lead foundational hypersonic research in
research areas that the Director determines to be appropriate
for the Department of Defense.
``(2) Availability of information.--The Director shall
ensure that the research results and reports of the consortium
are made available across the Federal Government, the private
sector, and academia, consistent with appropriate security
classification guidance.'';
(4) in subsection (d), by striking ``The Office'' and
inserting ``The Director'';
(5) in subsection (e), as so redesignated--
(A) in the matter preceding paragraph (1), by
striking ``program required by subsection (b), the
Office'' and inserting ``program required by subsection
(d), the Director'';
(B) in paragraph (3)(A), by striking ``private
sector'' and inserting ``private-sector academic''; and
(C) in paragraph (5), by striking ``certified under
subsection (e) as being consistent with the roadmap
under subsection (d)'' and inserting ``certified under
subsection (g) as being consistent with the roadmap
under subsection (f)'';
(6) in subsection (f), as so redesignated--
(A) in paragraph (3)--
(i) in subparagraph (C)--
(I) in clause (i), by striking
``and'' at the end;
(II) in clause (ii), by striking
the period at the end and inserting ``;
and''; and
(III) by adding at the end the
following new clause:
``(iii) the activities and resources of the
consortium designated by the Director under
subsection (c) to be leveraged by the
Department to meet such goals.''; and
(ii) in subparagraph (D), by striking
``facilities'' both places it appears and
inserting ``facilities and infrastructure'';
and
(B) by adding at the end the following new
paragraph:
``(4) Submittal to congress.--
``(A) Initial submission.--Not later than 180 days
after the date of the enactment of this paragraph, the
Secretary of Defense shall submit to the congressional
defense committees the roadmap developed under
paragraph (1).
``(B) Subsequent submissions.--The Secretary of
Defense shall submit to the congressional defense
committees each roadmap revised under paragraph (1)
together with the budget submitted to Congress under
section 1105 of title 31, United States Code, for the
fiscal year concerned.'';
(7) in subsection (g), as so redesignated--
(A) by striking ``subsection (d)'' each place it
appears and inserting ``subsection (f)'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``The Office'' and insert
``The Director'';
(ii) in subparagraph (A) by striking
``research, development, test, and evaluation
and demonstration programs within the
Department of Defense'' and inserting
``defense-wide research, development, test, and
evaluation and demonstration programs''; and
(iii) in subparagraph (B), by striking
``the hypersonics'' and inserting ``all
hypersonics'';
(C) in paragraph (2), by striking ``The Office''
and inserting ``The Director''; and
(D) in paragraph (3), by striking ``2016'' and
inserting ``2026''; and
(8) by adding at the end the following new subsection:
``(h) Funding.--The Secretary may make available such funds to the
Office for basic research, applied research, advanced technology
development, prototyping, studies and analyses, and organizational
support as the Secretary considers appropriate to support the efficient
and effective development of hypersonics technologies and transition of
those systems and technologies into acquisition programs or operational
use.''.
SEC. 214. MODIFICATION OF PROOF OF CONCEPT COMMERCIALIZATION PROGRAM.
(a) Extension of Program.--Section 1603(g) of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C.
2359 note) is amended by striking ``2019'' and inserting ``2024''.
(b) Additional Improvements.--Section 1603 of such Act, as amended
by subsection (a), is further amended--
(1) in the section heading, by inserting ``of dual-use
technology'' after ``commercialization'';
(2) in subsection (a)--
(A) by inserting ``of Dual-Use Technology'' before
``Program''; and
(B) by inserting ``with a focus on priority defense
technology areas that attract public and private sector
funding, as well as private sector investment capital,
including from venture capital firms in the United
States,'' before ``in accordance'';
(3) in subsection (c)(4)(A)(iv), by inserting ``, which may
include access to venture capital'' after ``award'';
(4) by striking subsection (d);
(5) by redesignating subsection (e) as subsection (d);
(6) by striking subsection (f); and
(7) by adding at the end the following new subsection (e):
``(e) Authorities.--In carrying out this section, the Secretary may
use the following authorities:
``(1) Section 1599g of title 10 of the United States Code,
relating to public-private talent exchanges.
``(2) Section 2368 of such title, relating to Centers for
Science, Technology, and Engineering Partnerships.
``(3) Section 2374a of such title, relating to prizes for
advanced technology achievements.
``(4) Section 2474 of such title, relating to Centers of
Industrial and Technical Excellence.
``(5) Section 2521 of such title, relating to the
Manufacturing Technology Program.
``(6) Section 225 of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2359 note).
``(7) Section 1711 of such Act (Public Law 115-91; 10
U.S.C. 2505 note), relating to a pilot program on strengthening
manufacturing in the defense industrial base.
``(8) Section 12 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a) and section 6305 of
title 31, United States Code, relating to cooperative research
and development agreements.''.
SEC. 215. CONTRACT FOR NATIONAL SECURITY RESEARCH STUDIES.
(a) Contract Authority.--The Secretary of Defense, acting through
the Under Secretary of Defense for Acquisition and Sustainment, shall
seek to enter into a contract with a federally funded research and
development center under which the private scientific advisory group
known as ``JASON'' will provide national security research studies to
the Department of Defense.
(b) Terms of Contract.--The contract entered into under subsection
(a) shall be an indefinite delivery-indefinite quantity contract with
terms substantially similar to the terms of the contract in effect
before March 28, 2019, under which JASON provided national security
research studies to the Department of Defense (solicitation number
HQ0034-19-R-0011 for JASON National Security Research Studies).
(c) Termination.--The Secretary of Defense may not terminate the
contract under subsection (a) until a period of 180 days has elapsed
following the date on which the Secretary notifies the congressional
defense committees of the intent of the Secretary to terminate the
contract and receives approval for such termination from the
committees.
SEC. 216. JASON SCIENTIFIC ADVISORY GROUP.
Pursuant to section 173 of title 10, United States Code, the
Secretary of Defense shall seek to engage the members of the private
scientific advisory group to multiple Federal agencies known as
``JASON'' as advisory personnel to provide advice, on an ongoing basis,
on matters involving science, technology, and national security,
including methods to defeat existential and technologically-amplified
threats to national security.
SEC. 217. DIRECT AIR CAPTURE AND BLUE CARBON REMOVAL TECHNOLOGY
PROGRAM.
(a) Program Authorized.--
(1) In general.--The Secretary of Defense, in coordination
with the Secretary of Homeland Security, the Secretary of
Energy, and the heads of such other Federal agencies as the
Secretary of Defense considers appropriate, may carry out a
program on research, development, testing, evaluation, study,
and demonstration of technologies related to blue carbon
capture and direct air capture.
(2) Program goals.--The goals of the program established
under paragraph (1) are as follows:
(A) To develop technologies that capture carbon
dioxide from seawater and the air to turn such carbon
dioxide into clean fuels to enhance fuel and energy
security.
(B) To develop and demonstrate technologies that
capture carbon dioxide from seawater and the air to
reuse such carbon dioxide to create products for
military uses.
(C) To develop direct air capture technologies for
use--
(i) at military installations or facilities
of the Department of Defense; or
(ii) in modes of transportation by the Navy
or the Coast Guard.
(3) Phases.--The program established under paragraph (1)
shall be carried out in two phases as follows:
(A) The first phase may consist of research and
development and shall be carried out as described in
subsection (b).
(B) The second phase shall consist of testing and
evaluation and shall be carried out as described in
subsection (c), if the Secretary determines that the
results of the research and development phase justify
implementing the testing and evaluation phase.
(4) Designation.--The program established under paragraph
(1) shall be known as the ``Direct Air Capture and Blue Carbon
Removal Technology Program'' (in this section referred to as
the ``Program'').
(b) Research and Development Phase.--
(1) In general.--During the research and development phase
of the Program, the Secretary of Defense may conduct research
and development in pursuit of the goals set forth in subsection
(a)(2).
(2) Direct air capture.--The research and development phase
of the Program may include, with respect to direct air capture,
a front end engineering and design study that includes an
evaluation of direct air capture designs to produce fuel for
use--
(A) at military installations or facilities of the
Department of Defense; or
(B) in modes of transportation by the Navy or the
Coast Guard.
(3) Duration.--The Secretary may carry out the research and
development phase of the Program commencing not later than 90
days after the date of the enactment of this Act.
(4) Grants authorized.--The Secretary may carry out the
research and development phase of the Program through the award
of grants to private persons and eligible laboratories.
(5) Report required.--Not later than 180 days after the
date of the completion of the research and development phase of
the Program, the Secretary shall submit to Congress a report on
the research and development carried out under the Program.
(c) Testing and Evaluation Phase.--
(1) In general.--During the testing and evaluation phase of
the Program, the Secretary may, in pursuit of the goals set
forth in subsection (a)(2), conduct tests and evaluations of
the technologies researched and developed during the research
and development phase of the Program.
(2) Direct air capture.--The testing and evaluation phase
of the Program may include demonstration projects for direct
air capture to produce fuel for use--
(A) at military installations or facilities of the
Department of Defense; or
(B) in modes of transportation by the Navy or the
Coast Guard.
(3) Duration.--Subject to subsection (a)(3)(B), the
Secretary may carry out the testing and evaluation phase of the
Program commencing on the date of the completion of the
research and development phase described in subsection (b),
except that the testing and evaluation phase of the Program
with respect to direct air capture may commence at such time
after a front end engineering and design study demonstrates to
the Secretary that commencement of such phase is appropriate.
(4) Grants authorized.--The Secretary may carry out the
testing and evaluation phase of the Program through the award
of grants to private persons and eligible laboratories.
(5) Locations.--The Secretary shall carry out the testing
and evaluation phase of the Program at military installations
or facilities of the Department of Defense.
(6) Report required.--Not later than September 30, 2026,
the Secretary shall submit to Congress a report on the findings
of the Secretary with respect to the effectiveness of the
technologies tested and evaluated under the Program.
(d) Definitions.--In this section:
(1) Blue carbon capture.--The term ``blue carbon capture''
means the removal of dissolved carbon dioxide from seawater
through engineered or inorganic processes, including filters,
membranes, or phase change systems.
(2) Direct air capture.--
(A) In general.--The term ``direct air capture'',
with respect to a facility, technology, or system,
means that the facility, technology, or system uses
carbon capture equipment to capture carbon dioxide
directly from the air.
(B) Exclusion.--The term ``direct air capture''
does not include any facility, technology, or system
that captures carbon dioxide--
(i) that is deliberately released from a
naturally occurring subsurface spring; or
(ii) using natural photosynthesis.
(3) Eligible laboratory.--The term ``eligible laboratory''
means--
(A) a National Laboratory (as defined in section 2
of the Energy Policy Act of 2005 (42 U.S.C. 15801)); or
(B) the science and technology reinvention
laboratories (as designated under section 1105 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 10 U.S.C. 2358 note));
(C) the Major Range and Test Facility Base (as
defined in section 2358a(f)(3) of title 10, United
States Code); and
(D) other facilities that support the research
development, test, and evaluation activities of the
Department of Defense or Department of Energy.
SEC. 218. FOREIGN MALIGN INFLUENCE OPERATIONS RESEARCH PROGRAM.
(a) Program Required.--The Secretary of Defense, acting through the
Under Secretary of Defense for Research and Engineering, shall carry
out a research program on foreign malign influence operations research
as part of the university and other basic research programs of the
Department of Defense (such as the Minerva Research Initiative).
(b) Program Objectives.--The objectives of the research program
shall be the following:
(1) To enhance the understanding of foreign malign
influence operations, including activities conducted on social
media platforms.
(2) To facilitate the compilation, analysis, and storage of
publicly available or voluntarily provided indicators of
foreign malign influence operations, including those appearing
on social media platforms, for the purposes of additional
research.
(3) To promote the development of best practices relating
to tactics, techniques, procedures, and technology for the
protection of the privacy of the customers and users of the
social media platforms and the proprietary information of the
social media companies in conducting research and analysis or
compiling and storing indicators and key trends of foreign
malign influence operations on social media platforms.
(4) To promote collaborative research and information
exchange with other relevant entities within the Department and
with other agencies relating to foreign malign influence
operations.
(c) Program Activities.--In order to achieve the objectives
specified in subsection (b), the Secretary is authorized to carry out
the following activities:
(1) The Secretary may award research grants to eligible
individuals and entities on a competitive basis.
(2) The Secretary may award financial assistance to
graduate students on a competitive basis.
(d) Report.--Not later than March 1, 2020, the Secretary of Defense
shall submit to the congressional defense committees a report on the
progress of the Secretary in carrying out the research program under
this section, including a description of the activities and research
conducted as part of the program.
SEC. 219. SENSOR DATA INTEGRATION FOR FIFTH GENERATION AIRCRAFT.
(a) F-35 Sensor Data.--The Secretary of Defense shall ensure that--
(1) information collected by the passive and active on-
board sensors of the F-35 Joint Strike Fighter aircraft is
capable of being shared, in real time, with joint service users
in cases in which the Joint Force Commander determines that
sharing such information would be operationally advantageous;
and
(2) the Secretary has developed achievable, effective, and
suitable concepts and supporting technical architectures to
collect, store, manage, and disseminate information collected
by such sensors.
(b) GAO Study and Report.--
(1) Study.--The Comptroller General of the United States
shall conduct a study of the sensor data collection and
dissemination capability of fifth generation aircraft of the
Department of Defense.
(2) Elements.--The study required by paragraph (1) shall
include an assessment of the following--
(A) the extent to which the Department has
established doctrinal, organizational, or technological
methods of managing the large amount of sensor data
that is currently collected and which may be collected
by existing and planned advanced fifth generation
aircraft;
(B) the status of the existing sensor data
collection, storage, dissemination, and management
capability and capacity of fifth generation aircraft,
including the F-35, the F-22, and the B-21; and
(C) the ability of the F-35 aircraft and other
fifth generation aircraft to share information
collected by the aircraft in real-time with other joint
service users as described in subsection (a)(1).
(3) Study results.--
(A) Interim briefing.--Not later than 180 days
after the date of the enactment of this Act, the
Comptroller General shall provide to the congressional
defense committees a briefing on the preliminary
findings of the study conducted under this subsection.
(B) Final results.--The Comptroller General shall
provide the final results of the study conducted under
this subsection to the congressional defense committees
at such time and in such format as is mutually agreed
upon by the committees and the Comptroller General at
the time of the briefing under subparagraph (A).
SEC. 220. DOCUMENTATION RELATING TO ADVANCED BATTLE MANAGEMENT SYSTEM.
(a) Documentation Required.--Not later than the date specified in
subsection (b), the Secretary of the Air Force shall submit to the
congressional defense committees the following documentation relating
to the Advanced Battle Management System:
(1) A list that identifies each program, project, and
activity that comprises the System.
(2) The final analysis of alternatives for the System.
(3) An acquisition strategy for the System, including--
(A) an outline of each increment of the System; and
(B) the date on which each increment will reach
initial operational capability and full operational
capability, respectively.
(4) A capability development document for the System.
(5) An acquisition program baseline for the System.
(6) A test and evaluation master plan for the System.
(7) A life-cycle sustainment plan for the System.
(b) Date Specified.--The date specified in this subsection is the
earlier of--
(1) the date that is 180 days after the date on which the
final analysis of alternatives for the Advanced Battle
Management System is completed; or
(2) April 1, 2020.
(c) Advanced Battle Management System Defined.--In this section,
the term ``Advanced Battle Management System'' means the Advanced
Battle Management System of Systems capability of the Air Force,
including each program, project, and activity that comprises such
capability.
SEC. 221. DOCUMENTATION RELATING TO B-52 COMMERCIAL ENGINE REPLACEMENT
PROGRAM.
(a) Documentation Required.--The Secretary of the Air Force shall
submit to the congressional defense committees the following
documentation relating to the B-52 commercial engine replacement
program of the Air Force:
(1) A capability development document for the program,
approved by the Secretary of the Air Force.
(2) A test and evaluation master plan for the program,
approved by the Director of Operational Test and Evaluation.
(b) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2020 for the Air Force,
not more than 75 percent may be obligated or expended until the date on
which the Secretary of the Air Force submits to the congressional
defense committees the documentation required under subsection (a).
SEC. 222. DIVERSIFICATION OF THE SCIENCE, TECHNOLOGY, RESEARCH, AND
ENGINEERING WORKFORCE OF THE DEPARTMENT OF DEFENSE.
(a) Assessment Required.--
(1) In general.--The Secretary of Defense, acting through
the Under Secretary of Defense for Research and Engineering,
shall conduct an assessment of critical skillsets required
across the science, technology, research, and engineering
workforce of the Department of Defense to support emerging and
future warfighter technologies.
(2) Elements.--The assessment required by paragraph (1)
shall include analysis of the following:
(A) The percentage of women and minorities employed
in the workforce as of the date of the assessment.
(B) The percentage of grants, fellowships, and
funding awarded to minorities and women.
(C) The effectiveness of existing hiring and
attraction incentives, other encouragements, and
required service agreement commitments in attracting
and retaining minorities and women in the workforce of
the Department after such individuals complete work on
Department-funded research projects, grant projects,
fellowships, and STEM programs.
(D) The geographical diversification of the
workforce and the operating costs of the workforce
across various geographic regions.
(b) Plan Required.--
(1) In general.--Based on the results of the assessment
conducted under subsection (a), the Secretary of Defense,
acting through the Under Secretary of Defense for Research and
Engineering, shall develop and implement a plan to diversify
and strengthen the science, technology, research, and
engineering workforce of the Department of Defense.
(2) Elements.--The plan required by paragraph (1) shall--
(A) align with science and technology strategy
priorities of the Department of Defense, including the
emerging and future warfighter technology requirements
identified by the Department;
(B) except as provided in subsection (c)(2), set
forth steps for the implementation of each
recommendation included in the 2013 report of the RAND
corporation titled ``First Steps Toward Improving DoD
STEM Workforce Diversity'';
(C) harness the full range of the Department's STEM
programs and other Department-sponsored programs to
develop and attract top talent;
(D) use existing authorities to attract and retain
students, academics, and other talent;
(E) establish and use contracts, agreements, or
other arrangements with institutions of higher
education (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)), including
historically black colleges and universities and other
minority-serving institutions (as described in section
371(a) of such Act (20 U.S.C. 1067q(a)) to enable easy
and efficient access to research and researchers for
Government-sponsored basic and applied research and
studies at each institution, including contracts,
agreements, and other authorized arrangements such as
those authorized under--
(i) section 217 of the National Defense
Authorization Act for Fiscal Year 2018 (Public
Law 115-91; 10 U.S.C. 2358 note); and
(ii) such other authorities as the
Secretary determines to be appropriate; and
(F) include recommendations for changes in
authorities, regulations, policies, or any other
relevant areas, that would support the achievement of
the goals set forth in the plan.
(3) Submittal to congress.--Not later than one year after
the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
that includes--
(A) the plan developed under paragraph (1); and
(B) with respect to each recommendation described
in paragraph (2)(B) that the Secretary implemented or
expects to implement--
(i) a summary of actions that have been
taken to implement the recommendation; and
(ii) a schedule, with specific milestones,
for completing the implementation of the
recommendation.
(c) Deadline for Implementation.--
(1) In general.--Except as provided in paragraph (2), not
later than 18 months after the date of the enactment of this
Act the Secretary of Defense shall carry out activities to
implement the plan developed under subsection (b).
(2) Exception for implementation of certain
recommendations.--
(A) Delayed implementation.--The Secretary of
Defense may commence implementation of a recommendation
described in subsection (b)(2)(B) after the date
specified in paragraph (1) if the Secretary provides
the congressional defense committees with a specific
justification for the delay in implementation of such
recommendation on or before such date.
(B) Nonimplementation.--The Secretary of Defense
may opt not to implement a recommendation described in
subsection (b)(2)(B) if the Secretary provides to the
congressional defense committees, on or before the date
specified in paragraph (1)--
(i) a specific justification for the
decision not to implement the recommendation;
and
(ii) a summary of the alternative actions
the Secretary plans to take to address the
issues underlying the recommendation.
(d) STEM Defined.--In this section, the term ``STEM'' means
science, technology, engineering, and mathematics.
SEC. 223. POLICY ON THE TALENT MANAGEMENT OF DIGITAL EXPERTISE AND
SOFTWARE PROFESSIONALS.
(a) Policy.--
(1) In general.--It shall be a policy of the Department of
Defense to promote and maintain digital expertise and software
development as core competencies of civilian and military
workforces of the Department, and as a capability to support
the National Defense Strategy, which policy shall be achieved
by--
(A) the recruitment, development, and
incentivization of retention in and to the civilian and
military workforce of the Department of individuals
with aptitude, experience, proficient expertise, or a
combination thereof in digital expertise and software
development;
(B) at the discretion of the Secretaries of the
military departments, the development and maintenance
of civilian and military career tracks related to
digital expertise, and related digital competencies for
members of the Armed Forces, including the development
and maintenance of training, education, talent
management, incentives, and promotion policies in
support of members at all levels of such career tracks;
and
(C) the development and application of appropriate
readiness standards and metrics to measure and report
on the overall capability, capacity, utilization, and
readiness of digital engineering professionals to
develop and deliver operational capabilities and employ
modern business practices.
(2) Definitions.--For purposes of this section, ``digital
engineering'' is the discipline and set of skills involved in
the creation, processing, transmission, integration, and
storage of digital data, (including but not limited to data
science, machine learning, software engineering, software
product management, and artificial intelligence product
management).
(b) Responsibility.--
(1) Appointment of officer.--Not later than 270 days after
the date of enactment of this Act, the Secretary of Defense
shall appoint a civilian official responsible for the
development and implementation of the policy set forth in
subsection (a). The official shall be known as the ``Chief
Digital Engineering Recruitment and Management Officer of the
Department of Defense'' (in this section referred to as the
``Officer'').
(2) Expiration of appointment.--The appointment of the
Officer under paragraph (1) shall expire on September 30, 2029.
(c) Duties.--In developing and providing for the discharge of the
policy set forth in subsection (a), the Officer shall work with the
Assistant Secretaries of the military departments for Manpower and
Reserve Affairs to carry out the following:
(1) Develop for, and enhance within, the recruitment
programs of each Armed Force various core initiatives,
programs, activities, and mechanisms, tailored to the unique
needs of each Armed Force, to identify and recruit civilian
employees and members of the Armed Forces with demonstrated
aptitude, interest, and proficiency in digital engineering, and
in science, technology, engineering, and mathematics (STEM)
generally, including initiatives, programs, activities, and
mechanisms to target populations of individuals not typically
aware of opportunities in the Department of Defense for a
digital engineering career.
(2) Identify and share with the military departments best
practices around the development of flexible career tracks and
identifiers for digital engineering and related digital
competencies and meaningful opportunities for career
development, talent management, and promotion within such
career tracks.
(3) Develop and maintain education, training, doctrine,
rotational opportunities, and professional development
activities to support the civilian and military digital
engineering workforce.
(4) Coordinate and synchronize digital force management
activities throughout the Department of Defense, advise the
Secretary of Defense on all matters pertaining to the health
and readiness of digital forces, convene a Department-wide
executive steering group, and submit to Congress an annual
report on the readiness of digital forces and progress toward
achieving the policy set forth in subsection (a).
(5) Create a Department-wide mechanism to track digital
expertise in the workforce, develop and maintain organizational
policies, strategies, and plans sufficient to build, maintain,
and refresh internal capacity at scale, and report to the
Secretary quarterly on the health and readiness the digital
engineering workforce.
(6) Assist the military departments in designing,
developing, and executing programs and incentives to retain,
track, and oversee digital expertise among civilian employees
of the Department and members of the Armed Forces on active
duty.
(7) At the request of the Chief of Staff of an Armed Force,
or the head of another component or element of the Department,
undertake an executive search for key leadership positions in
digital engineering in such Armed Force, component, or element,
and develop and deploy agile hiring processes to fill such
positions.
(8) Identify necessary changes in authorities, policies,
resources, or a combination thereof to further the policy set
forth in subsection (a), and submit to Congress a report on
such changes.
(d) Implementation Plan.--Not later than May 1, 2020, the Secretary
of Defense shall submit to the Committees on Armed Services of the
House of Representatives and the Senate a plan to carry out the
requirements of this section. The plan shall include the following:
(1) An assessment of progress of the Secretary in
recruiting an individual to serve as the Officer required to be
appointed under subsection (b).
(2) A timeline for implementation of the requirements of
this section, including input from each military department on
its unique timeline.
(3) Recommendations for any legislative or administrative
action required to meet the requirements of this section.
SEC. 224. DEVELOPMENT AND IMPLEMENTATION OF DIGITAL ENGINEERING
CAPABILITY AND AUTOMATED SOFTWARE TESTING AND EVALUATION.
(a) Capability Required.--
(1) In general.--The Under Secretary of Defense for
Research and Engineering and the Director of Operational Test
and Evaluation shall jointly design, develop, and implement a
digital engineering capability and infrastructure--
(A) to provide technically accurate digital models
to the acquisition process; and
(B) to serve as the foundation for automated
approaches to software testing and evaluation.
(2) Elements.--The capability developed under subsection
(a) shall consist of digital platforms that may be accessed by
individuals throughout the Department who have responsibilities
relating to the development, testing, evaluation, and operation
of software. The platforms shall enable such individuals to--
(A) use systems-level digital representations and
simulation environments;
(B) perform automated software testing based on
criteria developed, in part, in consultation with the
Under Secretary's developmental test organization and
the Director to satisfy program operational test
requirements; and
(C) perform testing on a repeatable, frequent, and
iterative basis.
(b) Pilot Programs.--
(1) In general.--The Under Secretary and Director shall
carry out pilot programs to demonstrate whether it is possible
for automated testing to satisfy--
(A) developmental test requirements for the
software-intensive programs of the Department of
Defense; and
(B) the Director's operational test requirements
for such programs.
(2) Number of pilot programs.--The Under Secretary and
Director shall carry out not fewer than four and not more than
ten pilot programs under this section.
(3) Requirements.--For each pilot program carried out under
paragraph (1), the Under Secretary and Director shall--
(A) conduct a cost-benefit analysis that compares
the costs and benefits of the digital engineering and
automated testing approach of the pilot program to the
nondigital engineering based approach typically used by
the Department of Defense;
(B) ensure that the intellectual property strategy
for the pilot program supports the data required to
operate the models used under the program; and
(C) develop a workforce and infrastructure plan to
support any new policies and guidance implemented
during the pilot program or after the completion of the
program.
(4) Considerations.--In carrying out paragraph (1), the
Under Secretary and Director may consider using the authorities
provided under sections 873 and 874 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91).
(5) Report.--Not later than 90 days after the date of the
enactment of this Act, the Under Secretary and Director shall
submit to the congressional defense committees a report that
includes a description of--
(A) each pilot program that will be carried out
under paragraph (1);
(B) software programs that may be used as part of
each pilot program;
(C) selection criteria and intellectual property
and licensing issues relating to such software
programs;
(D) any recommendations for changes to existing law
to facilitate the implementation of the pilot programs;
and
(E) such other matters as the Under Secretary and
Director determine to be relevant.
(6) Termination.--Each pilot program carried out under
paragraph (1) shall terminate not later than December 31, 2025.
(c) Policies and Guidance Required.--
(1) In general.--The Under Secretary and the Director shall
issue policies and guidance to implement--
(A) the digital engineering capability and
infrastructure developed under subsection (a); and
(B) the pilot programs carried out under subsection
(b).
(2) Elements.--The policies and guidance issued under
paragraph (1) shall--
(A) specify procedures for developing and
maintaining digital engineering models and the
automated testing of software throughout the program
life cycle;
(B) include processes for automated testing of
developmental test requirements and operational test
requirements;
(C) include processes for automated security
testing, including--
(i) penetration testing; and
(ii) vulnerability scanning;
(D) include processes for security testing
performed by individuals, including red team
assessments with zero-trust assumptions;
(E) encourage the use of an automated testing
capability instead of acquisition-related processes
that require artifacts to be created for acquisition
oversight but are not used as part of the engineering
process;
(F) support the high-confidence distribution of
software to the field on a time-bound, repeatable,
frequent, and iterative basis;
(G) provide technically accurate models, including
models of system design and performance, to the
acquisition process; and
(H) ensure that models are continually updated with
the newest design, performance, and testing data.
(d) Consultation.--In carrying out subsections (a) through (c), the
Under Secretary and Director shall consult with--
(1) the Under Secretary of Defense for Acquisition and
Sustainment;
(2) the service acquisition executives;
(3) the service testing commands; and
(4) the Defense Digital Service.
(e) Report Required.--Not later one year after the date of the
enactment of this Act, the Under Secretary and Director shall submit to
the congressional defense committees a report on the progress of the
Under Secretary and Director in carrying out subsections (a) through
(c). The report shall include--
(1) an independent assessment conducted by the Defense
Innovation Board of the progress made as of the date of the
report;
(2) an explanation of how the results of the pilot programs
carried out under subsection (b) will inform subsequent policy
and guidance, particularly the policy and guidance of the
Director of Operational Test and Evaluation; and
(3) any recommendations for changes to existing law to
facilitate the implementation of subsections (a) through (c).
(f) Definitions.--In this section:
(1) The term ``Under Secretary and Director'' means the
Under Secretary of Defense for Research and Engineering and the
Director of Operational Test and Evaluation, acting jointly.
(2) The term ``digital engineering'' means an integrated
digital approach that uses authoritative sources of system data
and models as a continuum across disciplines to support life-
cycle activities from concept through disposal.
(3) The term ``zero-trust assumption'' means a security
architecture philosophy designed to prevent all threats,
including insider threats and outsider threats.
(4) The term ``red team assessment'' means penetration
tests and operations performed on a system to emulate a capable
adversary to expose security vulnerabilities.
SEC. 225. PROCESS TO ALIGN POLICY FORMULATION AND EMERGING TECHNOLOGY
DEVELOPMENT.
(a) Alignment of Policy and Technological Development.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary of Defense shall establish a process to ensure that the
policies of the Department of Defense relating to emerging technology
are formulated and updated continuously as such technology is developed
by the Department.
(b) Elements.--As part of the process established under subsection
(a), the Secretary shall--
(1) specify the role of each covered official in ensuring
that the formulation of policies relating to emerging
technology is carried out concurrently with the development of
such technology;
(2) establish mechanisms to ensure that the Under Secretary
of Defense for Policy has the information and resources
necessary to continuously formulate and update policies
relating to emerging technology, including by directing the
organizations and entities of the Department of Defense
responsible for the development such technology--
(A) to share information with the Under Secretary;
(B) to communicate plans for the fielding and use
of emerging technology to the Under Secretary; and
(C) to coordinate activities relating to such
technology with the Under Secretary;
(3) incorporate procedures for the legal review of--
(A) weapons that incorporate emerging technology;
and
(B) treaties that may be affected by such
technology; and
(4) ensure that emerging technologies procured and used by
the military will be tested, as applicable, for algorithmic
bias and discriminatory outcomes.
(c) Reports Required.--
(1) Interim report.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on the
progress of the Secretary in carrying out subsection (a).
(2) Final report.--Not later than 30 days after date on
which the Secretary of Defense establishes the process required
under subsection (a), the Secretary shall submit to the
congressional defense committees a report that describes such
process.
(d) Definitions.--In this section:
(1) The term ``covered official'' means the Chairman of the
Joint Chiefs of Staff, the Under Secretary of Defense for
Research and Engineering, the Under Secretary of Defense for
Policy, the commanders of the combatant commands, and the
Secretaries of the military departments.
(2) The term ``emerging technology'' means technology
determined to be in an emerging phase of development by the
Secretary of Defense and includes quantum computing, technology
for the analysis of large and diverse sets of data (commonly
known as ``big data analytics''), artificial intelligence,
autonomous technology, robotics, directed energy, hypersonics,
and biotechnology.
SEC. 226. LIMITATION ON TRANSITION OF STRATEGIC CAPABILITIES OFFICE OF
THE DEPARTMENT OF DEFENSE.
(a) Limitation.--The Secretary of Defense may not transition or
transfer the functions of the Strategic Capabilities Office of the
Department of Defense to another organization or element of the
Department until--
(1) the plan required under subsection (b) has been
submitted to the congressional defense committees; and
(2) a period of 30 days has elapsed following the date on
which the Secretary notifies the congressional defense
committees of the intent of the Secretary to transition or
transfer the functions of the Office.
(b) Plan Required.--
(1) In general.--The Secretary of Defense shall submit to
the congressional defense committees a plan for the transition
or transfer of the functions of the Strategic Capabilities
Office to another organization or element of the Department of
Defense.
(2) Elements.--The plan required under paragraph (1) shall
include the following:
(A) A timeline for the potential transition or
transfer of the activities, functions, programs, plans,
and resources of the Strategic Capabilities Office.
(B) The status of funding and execution of current
Strategic Capabilities Office projects, including a
strategy for mitigating risk to current projects during
the transition or transfer.
(C) The impact of the transition or transfer on the
ability of the Department to rapidly address Combatant
Command requirements.
(D) The impact of the transition or transfer on the
cultural attributes and core competencies of the
Strategic Capabilities Office and any organization or
element of the Department of Defense affected by the
realignment of the Office.
(E) An assessment of the impact of the transition
or transfer on the relationships of the Strategic
Capabilities Office with the military departments,
Combatant Commands, Department of Defense laboratories,
the intelligence community, and other research and
development activities.
(F) Budget and programming realignment and
prioritization of Research, Development, Testing, and
Evaluation budget activity that will be carried out as
a result of the transition or transfer.
(G) The status of the essential authorities of the
Director of the Strategic Capabilities Office,
including acquisition authorities, personnel management
authorities, the authority to enter into support
agreements and strategic partnerships, and original
classification authority.
(3) Form of plan.--The plan required under paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 227. SENSE OF CONGRESS ON THE IMPORTANCE OF CONTINUED COORDINATION
OF STUDIES AND ANALYSIS RESEARCH OF THE DEPARTMENT OF
DEFENSE.
It is the sense of Congress that the Secretary of Defense shall
continue to work to create a Department of Defense-wide process under
which the heads of the military departments and Defense Agencies
responsible for managing requests for studies and analysis research
coordinate annual research requests and ongoing research efforts to
optimize both the benefits to the Department and the efficiency of the
research.
SEC. 228. GLOBAL POSITIONING SYSTEM MODERNIZATION.
(a) Designation of Responsible Entity.--As part of the efforts the
Department of Defense with respect to GPS military code (commonly known
as ``M-code'') receiver card acquisition planning, the Secretary of
Defense shall designate an entity within the Department to have
principal responsibility for--
(1) systematically collecting integration test data,
lessons learned, and design solutions relating to M-code
receiver cards;
(2) making such data, lessons learned, and design solutions
available to all programs expected to integrate M-code receiver
cards.
(b) Additional Measures.--In carrying out subsection (a), the
Secretary of Defense shall--
(1) take such actions as are necessary to reduce
duplication and fragmentation in the implementation of M-code
receiver card modernization across the Department;
(2) clarify the role of the Chief Information Officer in
leading the M-code receiver card modernization effort; and
(3) ensure that the Department's Positioning, Navigation,
and Timing Enterprise Oversight Council will collect
integration test data, designs solutions, and lessons learned,
and confirm that such additional steps are taking place.
SEC. 229. MUSCULOSKELETAL INJURY PREVENTION RESEARCH.
(a) Program Required.--The Secretary of Defense shall carry out a
program on musculoskeletal injury prevention research to identify risk
factors for musculoskeletal injuries among members of the Armed Forces
and to create a better understanding for adaptive bone formation during
initial entry military training.
(b) Funding.--
(1) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding table
in section 4201, for research, development, test, and
evaluation, Army, applied research, medical technology, line
040 (PE 0602787A) is hereby increased by $4,800,000 (with the
amount of such increase to be made available to carry out the
program on musculoskeletal injury prevention research under
subsection (a)).
(2) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 101 for procurement, as specified in
the corresponding funding table in section 4101, for
shipbuilding and conversion, Navy, ship to shore connector,
line 024 is hereby reduced by $4,800,000.
SEC. 230. STEM JOBS ACTION PLAN.
(a) Findings.--Congress finds the following:
(1) Jobs in science, technology, engineering, and math in
addition to maintenance and manufacturing (collectively
referred to in this section as ``STEM'') make up a significant
portion of the workforce of the Department of Defense.
(2) These jobs exist within the organic industrial base,
research, development, and engineering centers, life-cycle
management commands, and logistics centers of the Department.
(3) Vital to the continued support of the mission of all of
the military services, the Department needs to maintain its
STEM workforce.
(4) It is known that the demographics of personnel of the
Department indicate that many of the STEM personnel of the
Department will be eligible to retire in the next few years.
(5) Decisive action is needed to replace STEM personnel as
they retire to ensure that the military does not further suffer
a skill and knowledge gap and thus a serious readiness gap.
(b) Assessments and Plan of Action.--The Secretary of Defense, in
conjunction with the Secretary of each military department, shall--
(1) perform an assessment of the STEM workforce for
organizations within the Department of Defense, including the
numbers and types of positions and the expectations for losses
due to retirements and voluntary departures;
(2) identify the types and quantities of STEM jobs needed
to support future mission work;
(3) determine the shortfall between lost STEM personnel and
future requirements;
(4) analyze and explain the appropriateness and impact of
using reimbursable and working capital fund dollars for new
STEM hires;
(5) identify a plan of action to address the STEM jobs gap,
including hiring strategies and timelines for replacement of
STEM employees; and
(6) deliver to Congress, not later than December 31, 2020,
a report specifying such plan of action.
SEC. 230A. SENSE OF CONGRESS ON FUTURE VERTICAL LIFT TECHNOLOGIES.
(a) Findings.--Congress finds the following:
(1) As the United States enters an era of great power
competition, the Army must appropriately modernize its aircraft
fleet.
(2) Specifically, investments in maturation technologies to
accelerate the deployment of future vertical lift programs is
paramount.
(3) Technology designs and prototypes must be converted
into production-ready articles for effective fielding.
(4) Congress is concerned that the Army is not adequately
resourcing programs to improve pilot situational awareness,
increase flight operations safety, and diminish operation and
maintenance costs.
(b) Sense of Congress.--It is the sense of Congress that the Army
should to continue to invest in research, development, test, and
evaluation programs to mature future vertical lift technologies.
SEC. 230B. MODIFICATION OF DEFENSE QUANTUM INFORMATION SCIENCE AND
TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM.
Section 234 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2358 note) is
amended--
(1) in subsection (c)--
(A) in paragraph (2), by striking the semicolon at
the end and inserting ``, including through
coordination with--
``(A) the National Quantum Coordination Office;
``(B) the subcommittee on Quantum Information
Science and the subcommittee on Economic and Security
Implications of Quantum Science of the National Science
and Technology Council;
``(C) the Quantum Economic Development Consortium;
``(D) the Under Secretary of Defense for
Acquisition and Sustainment;
``(E) the Industrial Policy office of the
Department of Defense;
``(F) industry;
``(G) academic institutions; and
``(H) national laboratories;'';
(B) by redesignating paragraphs (3) and (4) as
paragraphs (5) and (8), respectively;
(C) by inserting after paragraph (2) the following
new paragraphs:
``(3) develop, in coordination with the entities listed in
paragraph (2), plans for workforce development, enhancing
awareness and reducing risk of cybersecurity threats, and the
development of ethical guidelines for the use of quantum
technology;
``(4) develop, in coordination with the National Institute
of Standards and Technology, a quantum science taxonomy and
requirements for technology and standards;'';
(D) in paragraph (5) (as so redesignated), by
striking ``and'' at the end;
(E) by inserting after paragraph (5) (as so
redesignated) the following new paragraphs:
``(6) support efforts to increase the technology readiness
level of quantum technologies under development in the United
States;
``(7) coordinate quantum technology initiatives with allies
of the United States, including by coordinating with allies
through The Technical Cooperation Program; and''; and
(F) in paragraph (8) (as so redesignated), by
striking ``meeting the long-term challenges and
achieving the specific technical goals'' and inserting
``carrying out the program required by subsection
(a)''; and
(2) in subsection (d)--
(A) by redesignating subparagraphs (C) through (E)
as subparagraphs (E) through (G), respectively; and
(B) by inserting after subparagraph (B) the
following new subparagraphs:
``(C) A quantum technology roadmap indicating the
likely timeframes for development and military
deployment of quantum technologies, and likely relative
national security impact of such technologies.
``(D) A description of efforts to update
classification and cybersecurity practices surrounding
quantum technology, including--
``(i) security processes and requirements
for engagement with allied countries; and
``(ii) a plan for security-cleared
workforce development.''.
SEC. 230C. TRUSTED SUPPLY CHAIN AND OPERATIONAL SECURITY STANDARDS FOR
MICROELECTRONICS.
(a) Trusted Supply Chain and Operational Security Standards.--
(1) Standards required.--Not later than January 1, 2021,
the Secretary shall establish trusted supply chain and
operational security standards for the purchase of
microelectronics products and services by the Department.
(2) Consultation required.--In developing standards under
paragraph (1), the Secretary shall consult with the following:
(A) The Secretary of Homeland Security, the
Secretary of State, the Secretary of Commerce, and the
Director of the National Institute of Standards and
Technology.
(B) Suppliers of microelectronics products and
services from the United States and allies and partners
of the United States.
(C) Representatives of major United States industry
sectors that rely on a trusted supply chain and the
operational security of microelectronics products and
services.
(D) Representatives of the United States insurance
industry.
(3) Tiers of trust and security authorized.--In carrying
out paragraph (1), the Secretary may establish tiers of trust
and security within the supply chain and operational security
standards for microelectronics products and services.
(4) General applicability.--The standards established
pursuant to paragraph (1) shall be, to the greatest extent
practicable, generally applicable to the trusted supply chain
and operational security needs and use cases of the United
States Government and commercial industry, such that the
standards could be widely adopted by government and commercial
industry.
(5) Annual review.--Not later than October 1 of each year,
the Secretary shall review the standards established pursuant
to paragraph (1) and issue updates or modifications as the
Secretary considers necessary or appropriate.
(b) Ensuring Ability to Sell Commercially.--
(1) In general.--The Secretary shall, to the greatest
extent practicable, ensure that suppliers of microelectronics
products for the Federal Government who meet the standards
established under subsection (a) are able and incentivized to
sell products commercially that are produced on the same
production lines as the microelectronics products supplied to
the Federal Government.
(2) Effect of requirement and acquisitions.--The Secretary
shall, to the greatest extent practicable, ensure that the
requirements of the Department and the acquisition by the
Department of microelectronics enable the success of a dual-use
microelectronics industry.
(c) Maintaining Competition and Innovation.--The Secretary shall
take such actions as the Secretary considers necessary and appropriate,
within the Secretary's authorized activities to maintain the health of
the defense industrial base, to ensure that--
(1) providers of microelectronics products and services
that meet the standards established under subsection (a) are
exposed to competitive market pressures to achieve competitive
pricing and sustained innovation; and
(2) the industrial base of microelectronics products and
services that meet the standards established under subsection
(a) includes providers producing in or belonging to countries
that are allies or partners of the United States.
Subtitle C--Reports and Other Matters
SEC. 231. MASTER PLAN FOR IMPLEMENTATION OF AUTHORITIES RELATING TO
SCIENCE AND TECHNOLOGY REINVENTION LABORATORIES.
(a) Plan Required.--The Secretary of Defense, acting through the
Under Secretary of Defense for Research and Engineering, shall develop
a master plan for using current authorities and responsibilities to
strengthen and modernize the workforce and capabilities of the science
and technology reinvention laboratories of the Department of Defense
(referred to in this section as the ``laboratories'') to enhance the
ability of the laboratories to execute missions in the most efficient
and effective manner.
(b) Elements.--The master plan required under subsection (a) shall
include, with respect to the laboratories, the following:
(1) A summary of hiring and staffing deficiencies at
laboratories, by location, and the effect of such deficiencies
on the ability of the laboratories--
(A) to meet existing and future requirements of the
Department of Defense; and
(B) to recruit and retain qualified personnel.
(2) A summary of existing and emerging military research,
development, test, and evaluation mission areas requiring the
use of the laboratories.
(3) An explanation of the laboratory staffing capabilities
required for each mission area identified under paragraph (2).
(4) Identification of specific projects, including hiring
efforts and management reforms, that will be carried out--
(A) to address the deficiencies identified in
paragraph (1); and
(B) to support the existing and emerging mission
areas identified in paragraph (2).
(5) For each project identified under paragraph (4)--
(A) a summary of the plan for the project;
(B) an explanation of the level of priority that
will be given to the project; and
(C) a schedule of required investments that will be
made as part of the project.
(6) A description of how the Department, including each
military department concerned, will carry out the projects
identified in paragraph (3) using--
(A) current authorities and responsibilities; and
(B) such other authorities as are determined to be
relevant by the Secretary of Defense.
(7) Identification of any statutory barriers to
implementing the master plan and legislative proposals to
address such barriers.
(c) Consultation.--In developing the master plan required under
subsection (a), the Secretary of Defense and the Under Secretary of
Defense for Research and Engineering shall consult with--
(1) the Secretary of each military department;
(2) the Service Acquisition Executives with
responsibilities relevant to the laboratories;
(3) the commander of each military command with
responsibilities relating to research and engineering that is
affected by the master plan; and
(4) any other officials determined to be relevant by the
Secretary of Defense and the Under Secretary of Defense for
Research and Engineering.
(d) Initial Report.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for Research and
Engineering shall submit to the congressional defense committees a
report that identifies any barriers that prevent the full use and
implementation of current authorities and responsibilities and such
other authorities as are determined to be relevant by the Secretary of
Defense, including any barriers presented by the policies, authorities,
and activities of--
(1) organizations and elements of the Department of
Defense; and
(2) organizations outside the Department.
(e) Final Report.--Not later than October 30, 2020, the Under
Secretary of Defense for Research and Engineering shall submit to the
congressional defense committees--
(1) the master plan developed under subsection (a); and
(2) a report on the activities carried out under this
section.
SEC. 232. MASTER PLAN FOR INFRASTRUCTURE REQUIRED TO SUPPORT RESEARCH,
DEVELOPMENT, TEST, AND EVALUATION MISSIONS.
(a) Plan Required.--The Secretary of Defense, in consultation with
the Secretaries of the military departments, shall develop and
implement a master plan that addresses the research, development, test,
and evaluation infrastructure and modernization requirements of the
Department of Defense, including the science and technology reinvention
laboratories and the facilities of the Major Range and Test Facility
Base.
(b) Earthquake-Damaged Infrastructure Restoration Master Plan.--
(1) In general.--In the case of any base damaged by the
July 2019 earthquakes within the R-2508 Special Use Airspace
Complex (including U.S. Air Force Plant 42), the Secretary of
Defense shall complete and submit to the congressional defense
committees the master plan required by subsection (a), by not
later than October 1, 2019. If additional funding is required
to repair or improve the installations' research, development,
test, evaluation, training, and related infrastructure to a
modern standard as a result of damage caused by the
earthquakes, the request for funding shall be made in either a
disaster or supplemental appropriations request to Congress or
the Secretary of Defense shall include the request for funding
in the annual budget submission of the President under section
1105(a) of title 31, United States Code, whichever comes first.
The request for additional funding may be included in both
requests if appropriate.
(2) Policy of the united states.--
(A) Sense of congress.--It is the sense of Congress
that--
(i) the military installations located
within the R-2508 Special Use Airspace Complex,
including Edwards Air Force Base, Fort Irwin,
and Naval Air Weapons Station China Lake, are
national assets of critical importance to our
country's defense system;
(ii) the R-2508 Special Use Airspace
Complex is comprised of all airspace and
associated land used and managed by the 412
Test Wing at Edwards Air Force Base, the
National Training Center at Fort Irwin, and the
Naval Air Warfare Center Weapons Division at
China Lake, California;
(iii) the essential research, development,
test, and evaluation missions conducted at
Edwards Air Force Base and Naval Air Weapons
Station China Lake, along with the critical
combat preparation training conducted at Fort
Irwin, make these installations vital
cornerstones within our National Defense
architecture integrating all operational
domains, air, land, sea, space, and cyberspace;
(iv) any damage to these military
installations caused by the earthquakes and the
negative impact on the installations' missions
as a result are a cause for concern;
(v) the proud men and women, both in
uniform and their civilian counterparts, who
work at these military installations develop,
test, and evaluate the best tools and impart
the training needed for our warfighters, so
that our military remains second to none;
(vi) in light of the earthquakes in July
2019, the Secretary of Defense should reprogram
or marshal, to the fullest extent the law
allows, all available resources that are
necessary and appropriate to ensure--
(I) the safety and security of the
base employees, both civilian and those
in uniform, including those who have
been evacuated;
(II) the bases are mission capable;
and
(III) that all the damage caused by
any earthquake is repaired and improved
as expeditiously as possible.
(B) Policy.--It is the policy of the United States,
when planning or making repairs on military
installations damaged by natural disasters, the current
and future requirements of these military
installations, as identified in the National Defense
Strategy, shall, to the fullest extent practical, be
made.
(c) Elements.--The master plan required under subsection (a) shall
include, with respect to the research, development, test, and
evaluation infrastructure of the Department of Defense, the following:
(1) A summary of deficiencies in the infrastructure, by
location, and the effect of the deficiencies on the ability of
the Department--
(A) to meet current and future military
requirements identified in the National Defense
Strategy;
(B) to support science and technology development
and acquisition programs; and
(C) to recruit and train qualified personnel.
(2) A summary of existing and emerging military research,
development, test, and evaluation mission areas, by location,
that require modernization investments in the infrastructure--
(A) to improve operations in a manner that may
benefit all users;
(B) to enhance the overall capabilities of the
research, development, test, and evaluation
infrastructure, including facilities and resources;
(C) to improve safety for personnel and facilities;
and
(D) to reduce the long-term cost of operation and
maintenance.
(3) Identification of specific infrastructure projects that
are required to address the infrastructure deficiencies
identified under paragraph (1) or to support the existing and
emerging mission areas identified under paragraph (2).
(4) For each project identified under paragraph (3)--
(A) a description of the scope of work;
(B) a cost estimate;
(C) a summary of the plan for the project;
(D) an explanation of the level of priority that
will be given to the project; and
(E) a schedule of required infrastructure
investments.
(5) A description of how the Department, including each
military department concerned, will carry out the
infrastructure projects identified in paragraph (3) using the
range of authorities and methods available to the Department,
including--
(A) military construction authority under section
2802 of title 10, United States Code;
(B) unspecified minor military construction
authority under section 2805(a) of such title;
(C) laboratory revitalization authority under
section 2805(d) of such title;
(D) the authority to carry out facility repair
projects, including the conversion of existing
facilities, under section 2811 of such title;
(E) the authority provided under the Defense
Laboratory Modernization Pilot Program under section
2803 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2358
note);
(F) methods that leverage funding from entities
outside the Department, including public-private
partnerships, enhanced use leases, real property
exchanges; and
(G) any other authorities and methods determined to
be appropriate by the Secretary of Defense.
(6) An updated description of real property asset military
construction needs at MRTFBs compared to those reported by the
Department of Defense in response to House Report 114-102, to
accompany H.R. 1735, the National Defense Authorization Act of
Fiscal Year 2016.
(7) An assessment of the Department of Defense Test and
Resource Management Center's ability to support testing for
future warfare needs at MRTFBs, including those identified in
the Department of Defense 2018 National Defense Strategy.
(8) Identification of any statutory, regulatory, or policy
barriers to implementing the master plan and regulatory,
policy, or legislative proposals to address such barriers.
(d) Consultation and Use of Contract Authority.--In implementing
the plan required under subsection (a), the Secretary of Defense
shall--
(1) consult with existing and anticipated users of the
Major Range and Test Facility Base; and
(2) consider using the contract authority provided to the
Secretary under section 2681 of title 10, United States Code.
(e) Submission to Congress.--Not later than October 30, 2020, the
Secretary of Defense shall submit to the congressional defense
committees the master plan developed under subsection (a).
(f) Research and Development Infrastructure Defined.--In this
section, the term ``research, development, test, and evaluation
infrastructure'' means the infrastructure of--
(1) the science and technology reinvention laboratories (as
designated under section 1105 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10
U.S.C. 2358 note));
(2) the Major Range and Test Facility Base (as defined in
section 2358a(f)(3) of title 10, United States Code);
(3) other facilities that support the research development,
test, and evaluation activities of the Department; and
(4) the United States Naval Observatory (as described in
section 8715 of title 10, United States Code).
SEC. 233. STRATEGY AND IMPLEMENTATION PLAN FOR FIFTH GENERATION
INFORMATION AND COMMUNICATIONS TECHNOLOGIES.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall develop--
(1) a strategy for harnessing fifth generation (commonly
known as ``5G'') information and communications technologies to
enhance military capabilities, maintain a technological
advantage on the battlefield, and accelerate the deployment of
new commercial products and services enabled by 5G networks
throughout the Department of Defense; and
(2) a plan for implementing the strategy developed under
paragraph (1).
(b) Elements.--The strategy required under subsection (a) shall
include the following elements:
(1) Adoption and use of secure fourth generation (commonly
known as ``4G'') communications technologies and the transition
to advanced and secure 5G communications technologies for
military applications.
(2) Science, technology, research, and development efforts
to facilitate the advancement and adoption of 5G technology and
new uses of 5G systems, subsystems, and components, including--
(A) 5G testbeds for developing military
applications; and
(B) spectrum-sharing technologies and frameworks.
(3) Strengthening engagement and outreach with industry,
academia, international partners, and other departments and
agencies of the Federal Government on issues relating to 5G
technology.
(4) Defense industrial base supply chain risk, management,
and opportunities.
(5) Preserving the ability of the Joint Force to achieve
objectives in a contested and congested spectrum environment.
(6) Strengthening the ability of the Joint Force to conduct
full spectrum operations that enhance the military advantages
of the United States.
(7) Securing the information technology and weapon systems
of the Department against malicious activity.
(8) Such other matters as the Secretary of Defense
determines to be relevant.
(c) Consultation.--In developing the strategy and implementation
plan required under subsection (a), the Secretary of Defense shall
consult with the following:
(1) The Chief Information Officer of the Department of
Defense.
(2) The Under Secretary of Defense for Research and
Engineering.
(3) The Under Secretary of Defense for Acquisition and
Sustainment.
(4) The Under Secretary of Defense for Intelligence.
(5) Service Acquisition Executives of each military
service.
(d) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
congressional defense committees a briefing on the progress of the
Secretary in developing the strategy and implementation plan required
under subsection (a).
SEC. 234. DEPARTMENT-WIDE SOFTWARE SCIENCE AND TECHNOLOGY STRATEGY.
(a) Designation of Senior Official.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense, acting
through the Under Secretary of Defense for Research and Engineering and
in consultation with the Under Secretary of Defense for Acquisition and
Sustainment, shall designate a single official or existing entity
within the Department of Defense as the official or entity (as the case
may be) with principal responsibility for guiding the direction of
research and development of next generation software and software
intensive systems for the Department, including the research and
development of--
(1) new technologies for the creation of highly secure,
reliable, and mission-critical software; and
(2) new approaches to software development, data-based
analytics, and next generation management tools.
(b) Development of Strategy.--The official or entity designated
under subsection (a) shall develop a Department-wide strategy for the
research and development of next generation software and software
intensive systems for the Department of Defense, including strategies
for--
(1) types of software innovation efforts within the science
and technology portfolio of the Department;
(2) investment in new approaches to software development,
data-based analytics, and next generation management tools;
(3) ongoing research and other support of academic,
commercial, and development community efforts to innovate the
software development, engineering, and testing process;
(4) to the extent practicable, implementing the
recommendations set forth in--
(A) the final report of the Defense Innovation
Board submitted to the congressional defense committees
under section 872 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat.
1497); and
(B) the final report of the Defense Science Board
Task Force on the Design and Acquisition of Software
for Defense Systems described in section 868 of the
John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2223
note);
(5) supporting the acquisition, technology development, and
test and operational needs of the Department through the
development of capabilities, including personnel and
infrastructure, and programs in--
(A) the science and technology reinvention
laboratories (as designated under section 1105 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 10 U.S.C. 2358 note));
(B) the facilities of the Major Range and Test
Facility Base (as defined in section 2358a(f)(3) of
title 10, United States Code); and
(C) the Defense Advanced Research Projects Agency;
and
(6) the transition of relevant capabilities and
technologies to information technology programs of the
Department, including software intensive tactical systems,
enterprise systems, and business systems.
(c) Submittal to Congress.--Not later than one year after the date
of the enactment of this Act, the official or entity designated under
subsection (a) shall submit to the congressional defense committees the
strategy developed under subsection (b).
SEC. 235. ARTIFICIAL INTELLIGENCE EDUCATION STRATEGY.
(a) Strategy Required.--
(1) In general.--The Secretary of Defense shall develop a
strategy for educating service members in relevant occupational
fields on matters relating to artificial intelligence.
(2) Elements.--The strategy developed under subsection (a)
shall include a curriculum designed to give service members a
basic knowledge of artificial intelligence. The curriculum
shall include instruction in--
(A) artificial intelligence design;
(B) software coding;
(C) potential military applications for artificial
intelligence;
(D) the impact of artificial intelligence on
military strategy and doctrine;
(E) artificial intelligence decisionmaking via
machine learning and neural networks;
(F) ethical issues relating to artificial
intelligence;
(G) the potential biases of artificial
intelligence;
(H) potential weakness in artificial intelligence
technology;
(I) opportunities and risks; and
(J) any other matters the Secretary of Defense
determines to be relevant.
(b) Implementation Plan.--
(1) In general.--The Secretary of Defense shall develop a
plan for implementing the strategy developed under subsection
(a).
(2) Elements.--The implementation plan required under
paragraph (1) shall identify the following:
(A) The military occupational specialties
(applicable to enlisted members and officers) that are
most likely to involve interaction with artificial
intelligence technology.
(B) The specific occupational specialties that will
receive training in accordance with the curriculum
described in subsection (a)(2).
(C) The duration of the training.
(D) The context in which the training will be
provided, which may include basic training,
occupationally specific training, and professional
military education.
(E) Metrics for evaluating the effectiveness of the
training and curriculum.
(F) Any other issues the Secretary of Defense
determines to be relevant.
(c) Submittal to Congress.--Not later than 270 days after the date
of the enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees--
(1) the strategy developed under subsection (a); and
(2) the implementation plan developed under subsection (b).
SEC. 236. BIANNUAL REPORT ON THE JOINT ARTIFICIAL INTELLIGENCE CENTER.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act and biannually thereafter through the end of 2023, the
Secretary of Defense shall submit to the congressional defense
committees a report on the Joint Artificial Intelligence Center
(referred to in this section as the ``Center'').
(b) Elements.--Each report under subsection (a) shall include the
following:
(1) Information relating to the mission and objectives of
the Center.
(2) A description of the National Mission Initiatives,
Component Mission Initiatives, and any other initiatives of the
Center, including a description of--
(A) the activities carried out under the
initiatives;
(B) any investments made or contracts entered into
under the initiatives; and
(C) the progress of the initiatives.
(3) A description of how the Center has sought to leverage
lessons learned, share best practices, avoid duplication of
efforts, and transition artificial intelligence research
efforts into operational capabilities by--
(A) collaborating with other organizations and
elements of the Department of Defense, including the
Defense Agencies and the military departments; and
(B) deconflicting the activities of the Center with
the activities of other organizations and elements of
the Department.
(4) A description any collaboration between--
(A) the Center and the private sector and academia;
and
(B) the Center and international allies and
partners.
(5) The total number of military, contractor, and civilian
personnel who are employed by the Center, assigned to the
Center, and performing functions in support of the Center.
(6) A description of the organizational structure and
staffing of the Center.
(7) A detailed description of the frameworks, metrics, and
capabilities established to measure the effectiveness of the
Center and the Center's investments in the National Mission
Initiatives and Component Mission Initiatives.
(8) A description of any new policies, standards, or
guidance relating to artificial intelligence that have been
issued by the Chief Information Officer of the Department.
(c) Joint Artificial Intelligence Center Defined.--In this section,
the term ``Joint Artificial Intelligence Center'' means the Joint
Artificial Intelligence Center of the Department of Defense established
pursuant to section 238 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232).
SEC. 237. QUARTERLY UPDATES ON THE OPTIONALLY MANNED FIGHTING VEHICLE
PROGRAM.
(a) In General.--Beginning not later than October 1, 2019, and on a
quarterly basis thereafter through October 1, 2025, the Assistant
Secretary of the Army for Acquisition, Logistics, and Technology, in
consultation with the Commander of the Army Futures Command, shall
provide to the Committee on Armed Services of the House of
Representatives a briefing on the progress of the Optionally Manned
Fighting Vehicle program of the Army.
(b) Elements.--Each briefing under subsection (a) shall include,
with respect to the Optionally Manned Fighting Vehicle program, the
following elements:
(1) An overview of funding for the program, including
identification of--
(A) any obligations and expenditures that have been
made under the program; and
(B) any obligations and expenditures that are
planned for the program.
(2) An overview of the program schedule.
(3) A description of each contract awarded under the
program, including a description of the type of contract and
the status of the contract.
(4) An assessment of the status of the program with respect
to--
(A) the development and approval of technical
requirements;
(B) technological maturity;
(C) testing;
(D) delivery; and
(E) program management.
SEC. 238. GRANTS FOR CIVICS EDUCATION PROGRAMS.
(a) In General.--The Secretary of Defense shall carry out a program
under which the Secretary makes grants to eligible entities, on a
competitive basis, to support the development and evaluation of civics
education programs.
(b) Application.--To be eligible to receive a grant under this
section an eligible entity shall submit to the Secretary of Defense an
application at such time, in such manner, and containing such
information as the Secretary may require. Applications submitted under
this subsection shall be evaluated on the basis of merit pursuant to
competitive procedures prescribed by the Secretary of Defense.
(c) Selection Criteria.--To be selected to receive a grant under
this section an eligible entity shall demonstrate each of the following
to the satisfaction of the Secretary:
(1) The civics education program proposed by the entity
will include innovative approaches for improving civics
education.
(2) The entity will dedicate sufficient resources to the
program.
(3) As part of the program, the entity will conduct
evaluations in accordance with subsection (f)(1)(B).
(4) The entity will carry out activities to disseminate the
results of the evaluations described in such subsection,
including publication of the results in peer-reviewed academic
journals.
(d) Geographic Distribution.--To the extent practicable, the
Secretary of Defense shall ensure an equitable geographic distribution
of grants under this section.
(e) Consultation.--In awarding grants under this section, the
Secretary of Defense shall consult with the Secretary of Education.
(f) Uses of Funds.--
(1) Required uses of funds.--An eligible entity that
receives a grant under this section shall use such grant--
(A) to establish a civics education program or to
improve an existing civics education program; and
(B) to evaluate the effect of the program on
participants, including with respect to--
(i) critical thinking and media literacy;
(ii) voting and other forms of political
and civic engagement;
(iii) interest in employment, and careers,
in public service;
(iv) understanding of United States law,
history, and Government; and
(v) the ability of participants to
collaborate and compromise with others to solve
problems.
(2) Allowable uses of funds.--An eligible entity that
receives a grant under this section may use such grant for--
(A) the development or modification of curricula
relating to civics education;
(B) classroom activities, thesis projects,
individual or team projects, internships, or community
service activities relating to civics;
(C) collaboration with government entities,
nonprofit organizations, or consortia of such entities
and organizations to provide participants with civics-
related experiences;
(D) civics-related faculty development programs;
(E) recruitment of educators who are highly
qualified in civics education to teach civics or to
assist with the development of curricula for civics
education;
(F) presentation of seminars, workshops, and
training for the development of skills associated with
civic engagement;
(G) activities that enable participants to interact
with government officials and entities;
(H) expansion of civics education programs and
outreach for members of the Armed Forces, dependents
and children of such members and employees of the
Department of Defense; and
(I) opportunities for participants to obtain work
experience in fields relating to civics.
(g) Definitions.--In this section:
(1) The term ``civics education program'' means an
educational program that provides participants with--
(A) knowledge of law, government, and the rights of
citizens; and
(B) skills that enable participants to responsibly
participate in democracy.
(2) The term ``eligible entity'' means a Department of
Defense domestic dependent elementary or secondary school (as
described in section 2164 of title 10, United States Code).
SEC. 239. TECHNOLOGY AND NATIONAL SECURITY FELLOWSHIP.
(a) Fellowship Program.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, acting
through the Under Secretary of Defense for Research and
Engineering, may establish a civilian fellowship program
designed to place eligible individuals within the Department of
Defense to increase the number of national security
professionals with science, technology, engineering, and
mathematics credentials employed by the Department.
(2) Designation.--The fellowship program established under
paragraph (1) shall be known as the ``Technology and National
Security Fellowship'' (in this section referred to as the
``fellows program'').
(3) Employment.--Fellows will be assigned to a one year
tour of duty within the Department of Defense.
(4) Pay and benefits.--An individual assigned to a position
under the fellows program shall be compensated at the rate of
compensation for employees at level GS-10 of the General
Schedule, and shall be treated as an employee of the United
States during the term of assignment.
(b) Eligible Individuals.--For purposes of this section, and
subject to subsection (f)(3), an eligible individual is any individual
who--
(1) is a citizen of the United States; and
(2) either--
(A) expects to be awarded an associate,
undergraduate, or graduate degree that, as determined
by the Secretary, focuses on science, technology,
engineering, or mathematics course work not later than
180 days after the date on which the individual submits
an application for participation in the fellows
program; or
(B) possesses an associate, undergraduate, or
graduate degree that, as determined by the Secretary,
focuses on science, technology, engineering, or
mathematics course work that was awarded not earlier
than one year before the date on which the individual
submits an application for participation in the fellows
program.
(c) Application Required.--Each individual seeking to participate
in the fellows program shall submit to the Secretary an application
therefor at such time and in such manner as the Secretary shall
specify.
(d) Coordination.--
(1) In general.--In carrying out this section, the
Secretary may consider coordinating or partnering with the
entities specified in paragraph (2).
(2) Entities specified.--The entities specified in this
paragraph are the following:
(A) The National Security Innovation Network.
(B) Universities affiliated with Hacking for
Defense.
(f) Modifications to Fellows Program.--As the Secretary considers
necessary to modify the fellows program, and in coordination with the
entities specified in subsection (d)(2), as the Secretary considers
appropriate, the Secretary may--
(1) determine the length of a fellowship term;
(2) establish the rate of compensation for an individual
selected to participate in the fellows program; and
(3) change the eligibility requirements for participation
in the fellows program, including who is considered an eligible
individual for purposes of the fellows program.
(g) Consultation.--The Secretary may consult with the heads of the
agencies, components, and other elements of the Department of Defense
and such institutions of higher education and private entities engaged
in work on national security and emerging technologies as the Secretary
considers appropriate for purposes of the fellows program, including
fellowship assignments.
SEC. 240. NATIONAL SECURITY COMMISSION ON DEFENSE RESEARCH AT
HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND OTHER
MINORITY INSTITUTIONS.
(a) Establishment.--
(1) In general.--There is established in the executive
branch an independent Commission to review the state of defense
research at covered institutions.
(2) Treatment.--The Commission shall be considered an
independent establishment of the Federal Government as defined
by section 104 of title 5, United States Code, and a temporary
organization under section 3161 of such title.
(3) Designation.--The Commission established under
paragraph (1) shall be known as the ``National Security
Commission on Defense Research At Historically Black Colleges
and Universities and Other Minority Institutions''.
(4) Membership.--
(A) Composition.--The Commission shall be composed
of 11 members appointed as follows:
(i) The Secretary of Defense shall appoint
2 members.
(ii) The Secretary of Education shall
appoint 1 member.
(iii) The Chairman of the Committee on
Armed Services of the Senate shall appoint 1
member.
(iv) The Ranking Member of the Committee on
Armed Services of the Senate shall appoint 1
member.
(v) The Chairman of the Committee on Armed
Services of the House of Representatives shall
appoint 1 member.
(vi) The Ranking Member of the Committee on
Armed Services of the House of Representatives
shall appoint 1 member.
(vii) The Chairman of the Committee on
Health, Education, Labor, and Pensions of the
Senate shall appoint 1 member.
(viii) The Ranking Member of the Committee
on Health, Education, Labor, and Pensions of
the Senate shall appoint 1 member.
(ix) The Chairman of the Committee on
Education and Labor of the House of
Representatives shall appoint 1 member.
(x) The Ranking Member of the Committee on
Education and Labor of the House of
Representatives shall appoint 1 member.
(B) Deadline for appointment.--Members shall be
appointed to the Commission under subparagraph (A) not
later than 90 days after the date on which the
commission is established.
(C) Effect of lack of appointment by appointment
date.--If one or more appointments under subparagraph
(A) is not made by the appointment date specified in
subparagraph (B), or if a position described in
subparagraph (A) is vacant for more than 90 days, the
authority to make such appointment shall transfer to
the Chair of the Commission.
(5) Chair and vice chair.--The Commission shall elect a
Chair and Vice Chair from among its members.
(6) Terms.--Members shall be appointed for the life of the
Commission. A vacancy in the Commission shall not affect its
powers and shall be filled in the same manner as the original
appointment was made.
(7) Status as federal employees.--Notwithstanding the
requirements of section 2105 of title 5, United States Code,
including the required supervision under subsection (a)(3) of
such section, the members of the Commission shall be deemed to
be Federal employees.
(b) Duties.--
(1) In general.--The Commission shall carry out the review
described in paragraph (2). In carrying out such review, the
Commission shall consider the methods and means necessary to
advance research capacity at covered institutions to
comprehensively address the national security and defense needs
of the United States.
(2) Scope of the review.--In conducting the review under
paragraph (1), the Commission shall consider the following:
(A) The competitiveness of covered institutions in
developing, pursuing, capturing, and executing defense
research with the Department of Defense through
contracts and grants.
(B) Means and methods for advancing the capacity of
covered institutions to conduct research related to
national security and defense.
(C) The advancements and investments necessary to
elevate covered institutions to R2 status on the
Carnegie Classification of Institutions of Higher
Education, covered institutions to R1 status on the
Carnegie Classification of Institutions of Higher
Education, one covered institution or a consortium of
multiple covered institutions to the capability of a
University Affiliated Research Center, and identify the
candidate institutions for each category.
(D) The facilities and infrastructure for defense-
related research at covered institutions as compared to
the facilities and infrastructure at universities
classified as R1 status on the Carnegie Classification
of Institutions of Higher Education.
(E) Incentives to attract, recruit, and retain
leading research faculty to covered institutions.
(F) The legal and organizational structure of the
contracting entity of covered institutions as compared
to the legal and organizational structure of the
contracting entity of covered institutions at
universities classified as R1 status on the Carnegie
Classification of Institutions of Higher Education.
(G) The ability of covered institutions to develop,
protect, and commercialize intellectual property
created through defense-related research.
(H) The amount of defense research funding awarded
to all colleges and universities through contracts and
grants for the fiscal years of 2010 through 2019,
including--
(i) the legal mechanism under which the
organization was formed;
(ii) the total value of contracts and
grants awarded to the organization during
fiscal years 2010 to 2019;
(iii) the overhead rate of the organization
for fiscal year 2019;
(iv) the Carnegie Classification of
Institutions of Higher Education of the
associated university or college;
(v) if the associated university or college
qualifies as a historically Black college or
university or a minority institution.
(I) Areas for improvement in the programs executed
under section 2362 of title 10, United States Code, the
existing authorization to enhance defense-related
research and education at covered institutions.
(J) Previous executive or legislative actions by
the Federal Government to address the imbalance in
federal research funding, such as the Established
Program to Stimulate Competitive Research (commonly
known as ``EPSCoR'').
(K) The effectiveness of the Department of Defense
in attracting and retaining students specializing in
STEM from covered institutions for the Department's
programs on emerging capabilities and technologies.
(L) Any other matters the Commission deems relevant
to the advancing the defense research capacity of
covered institutions.
(c) Reports.--
(1) Initial report.--Not later than 180 days after the date
of the enactment of this Act, the Commission shall submit to
the President and Congress an initial report on the findings of
the Commission and such recommendations that the Commission may
have for action by the executive branch and Congress related to
the covered institutions participating in Department of Defense
research and actions necessary to expand their research
capacity.
(2) Final report.--Prior to the date on which the
commission terminates under subsection (d), the Commission
shall submit to the President and Congress a comprehensive
report on the results of the review required under subsection
(b).
(3) Form of reports.--Reports submitted under this
subsection shall be made publically available.
(d) List of Covered Institutions.--The Commission, in consultation
with the Secretary of Education and the Secretary of Defense, shall
make available a list identifying each covered institution. The list
shall be made available on a publicly accessible website of the
Department of Defense and the Department of Education and shall be
updated not less frequently than once annually during the life of the
Commission.
(e) Termination.--The Commission shall terminate on December 31,
2021.
(f) Covered Institution Defined.--In this section, the term
``covered institution'' means--
(1) a part B institution (as that term is defined in
section 322(2) of the Higher Education Act of 1965 (20 U.S.C.
1061(2)); or
(2) any other institution of higher education (as that term
is defined in section 101 of such Act (20 U.S.C. 1001)) at
which not less than 50 percent of the total student enrollment
consists of students from ethnic groups that are
underrepresented in the fields of science and engineering.
SEC. 241. INCREASE IN FUNDING FOR BASIC OPERATIONAL MEDICAL RESEARCH
SCIENCE.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for research, development, test, and evaluation, as
specified in the corresponding funding table in section 4201, for
research, development, test, and evaluation, Defense-wide, basic
research, basic operational medical research science, line 004 (PE
0601117E) is hereby increased by $5,000,000 (with the amount of such
increase to be made available for partnering with universities to
research brain injuries).
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for operation and maintenance, as specified in the
corresponding funding table in section 4301, for operation and
maintenance, Defense-wide, operating forces, Special Operations Command
management/operational headquarters, line 080 is hereby reduced by
$5,000,000.
SEC. 242. INCREASE IN FUNDING FOR UNIVERSITY RESEARCH INITIATIVES.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for research, development, test, and evaluation, as
specified in the corresponding funding table in section 4201, for
research, development, test, and evaluation, Army, basic research,
university research initiatives, line 003 (PE 0601103A) is hereby
increased by $5,000,000 (with the amount of such increase to be made
available for studying ways to increase the longevity and resilience of
infrastructure on military bases).
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for operation and maintenance, as specified in the
corresponding funding table in section 4301, for operation and
maintenance, Defense-wide, operating forces, Special Operations Command
management/operational headquarters, line 080 is hereby reduced by
$5,000,000.
SEC. 243. QUANTUM INFORMATION SCIENCE INNOVATION CENTER.
(a) Establishment.--The Secretary of Defense, in consultation with
the Secretary of the Air Force, shall establish a Quantum Information
Science Innovation Center to accelerate the research and development of
quantum information sciences by the Air Force.
(b) Purposes.--The purposes of the Quantum Information Science
Innovation Center shall be to--
(1) provide an environment where researchers from the Air
Force, Government, industry, and academia can collaborate to
solve difficult problems using quantum information technology;
(2) accelerate the research and development of new
computing technologies, including quantum information sciences;
and
(3) stimulate research and development of quantum
information sciences technologies by building upon the quantum
information technology developed at the Air Force Research
Laboratory Information Directorate, including secure
communication networks and advanced computing technology.
(c) Funding.--
(1) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding table
in section 4201, for research, development, test, and
evaluation, Air Force, applied research, dominant information
sciences and methods, line 014 is hereby increased by
$10,000,000 (to be made available for the establishment of the
Quantum Information Science Innovation Center under subsection
(a)).
(2) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance, as
specified in the corresponding funding table in section 4301,
for operation and maintenance, Defense-wide, operating forces,
Special Operations Command Operational Support, line 090 is
hereby reduced by $10,000,000.
SEC. 244. INCREASE IN FUNDING FOR NAVAL UNIVERSITY RESEARCH
INITIATIVES.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for research, development, test, and evaluation, as
specified in the corresponding funding table in section 4201 for
research, development, test, and evaluation, Navy, basic research,
University Research Initiatives, Line 001 (PE 0601103N) is hereby
increased by $5,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for operation and maintenance, as specified in the
corresponding funding table in section 4301, for operation and
maintenance, Defense-wide, operating forces, Special Operations Command
Theater Forces, line 100 is hereby reduced by $5,000,000.
SEC. 245. INCREASE IN FUNDING FOR UNIVERSITY AND INDUSTRY RESEARCH
CENTERS.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for research, development, test, and evaluation, as
specified in the corresponding funding table in section 4201, for
research, development, test, and evaluation, Army, basic research for
university and industry research centers, line 004 (PE 0601104A) is
hereby increased by $5,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for operation and maintenance, as specified in the
corresponding funding table in section 4301, for operation and
maintenance, Air Force, operational systems development, AF integrated
personnel and pay system (AF-IPPS), line 158 (PE 0605018F) is hereby
reduced by $5,000,000.
SEC. 246. INCREASE IN FUNDING FOR NATIONAL SECURITY INNOVATION CAPITAL.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for research, development, test, and evaluation, as
specified in the corresponding funding table in section 4201, for
research, development, test, and evaluation, Defense-wide, for Defense
Innovation Unit (DIU) Prototyping is hereby increased by $75,000,000
(to be used in support of national security innovation capital).
(b) Offset.--Not withstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for research, development, test, and evaluation, as
specified in the corresponding funding table in section 4201, for
research, development, test, and evaluation, Defense-wide, advanced
component development and prototypes, advanced innovative technologies,
line 096 (PE 0604250D8Z) is hereby reduced by $75,000,000.
SEC. 247. INCREASE IN FUNDING FOR AIR FORCE UNIVERSITY RESEARCH
INITIATIVES.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for research, development, test, and evaluation, as
specified in the corresponding funding table in section 4201, for
research, development, test, and evaluation, Air Force, basic research,
University Research Initiatives, line 002 (PE 0601103F) is hereby
increased by $5,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for operation and maintenance, as specified in the
corresponding funding table in section 4301, for operation and
maintenance, Defense-wide, operating forces, Special Operations Command
Theater Forces, line 100 is hereby reduced by $5,000,000.
SEC. 248. INCREASE IN FUNDING FOR NAVAL UNIVERSITY RESEARCH
INITIATIVES.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for research, development, test, and evaluation, as
specified in the corresponding funding table in section 4201 for Navy
basic research, University Research Initiatives, line 001 (PE 0601103N)
is hereby increased by $5,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for operation and maintenance, as specified in the
corresponding funding table in section 4301, for operation and
maintenance, Defense-wide, operating forces, Special Operations Command
Theater Forces, line 100 is hereby reduced by $5,000,000.
SEC. 249. STUDY AND REPORT ON LAB-EMBEDDED ENTREPRENEURIAL FELLOWSHIP
PROGRAM.
(a) Study.--The Under Secretary of Defense for Research and
Engineering, in consultation with the Director of the Advanced
Manufacturing Office of the Department of Energy, shall conduct a study
on the feasibility and potential benefits of establishing a lab-
embedded entrepreneurial fellowship program.
(b) Elements.--The study under subsection (a) shall include, with
respect to a lab-embedded entrepreneurial fellowship program, the
following:
(1) An estimate of administrative and programmatic costs
and materials, including appropriate levels of living stipends
and health insurance to attract a competitive pool of
applicants.
(2) An assessment of capacity for entrepreneurial fellows
to use laboratory facilities and equipment.
(3) An assessment of the benefits for participants in the
program through access to mentorship, education, and networking
and exposure to leaders from academia, industry, government,
and finance.
(4) Assessment of the benefits for the Department of
Defense science and technology activities through partnerships
and exchanges with program fellows.
(5) An estimate of the economic benefits created by the
implementation of this program, based in part on similar
entrepreneurial programs.
(c) Consultation.--In conducting the study under subsection (a),
the Under Secretary of Defense for Research and Engineering shall
consult with the following, as necessary:
(1) The Director of the Defense Advanced Research Projects
Agency.
(2) The Director of Research for each military service.
(3) Relevant research facilities, including the Department
of Energy National Laboratories (as defined in section 2 of the
Energy Policy Act of 2005 (42 U.S.C. 15801)).
(d) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Research and Engineering shall submit to the designated
recipients a report on the results of the study conducted under
subsection (a). At minimum, the report shall include an
explanation of the results of the study with respect to each
element set forth in subsection (b).
(2) Nonduplication of efforts.--The Under Secretary of
Defense for Research and Engineering may use or add to any
existing reports completed by the Department in order to meet
the reporting requirement under paragraph (1).
(3) Form of report.--The report under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
(e) Definitions.--In this section:
(1) The term ``designated recipients'' means the following:
(A) The Committee on Armed Services, the Committee
on Science, Space, and Technology, and the Committee on
Appropriations of the House of Representatives.
(B) The Committee on Armed Services, the Committee
on Energy and Natural Resources, and the Committee on
Appropriations of the Senate.
(C) The Secretary of Defense.
(D) The Secretary of Energy.
(2) The term ``lab-embedded entrepreneurial fellowship
program'' means a competitive, two-year program in which
participants (to be known as ``fellows'') are selected from a
pool of applicants to work in a Federal research facility where
the fellows will conduct research, development, and
demonstration activities, commercialize technology, and train
to be entrepreneurs.
SEC. 250. INDEPENDENT STUDY ON THREATS TO UNITED STATES NATIONAL
SECURITY FROM DEVELOPMENT OF HYPERSONIC WEAPONS BY
FOREIGN NATIONS.
(a) Independent Study.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall seek to enter
into a contract with a federally funded research and development center
under which the center will conduct a study on the development of
hypersonic weapons capabilities by foreign nations and the threat posed
by such capabilities to United States territory, forces and overseas
bases, and allies.
(b) Elements of Study.--The study required under subsection (a)
shall--
(1) describe the hypersonic weapons capabilities in
development in the People's Republic of China, the Russian
Federation, and other nations;
(2) assess the proliferation risk that nations that develop
hypersonic weapons capabilities might transfer this technology
to other nations;
(3) attempt to describe the rationale for why each nation
that is developing hypersonic weapons capabilities is
undertaking such development; and
(4) examine the unique threats created to United States
national security by hypersonic weapons due to both their
maneuverability and speed, distinguishing between hypersonic
glide vehicles delivered by rocket boosters (known as boost-
glide systems) and hypersonic cruise missiles, and further
distinguishing between longer-range systems that can reach
United States territory and shorter or medium range systems
that might be used in a regional conflict.
(c) Submission to Department of Defense.--Not later than 270 days
after the date of the enactment of this Act, the federally funded
research and development center that conducts the study under
subsection (a) shall submit to the Secretary of Defense a report on the
results of the study in both classified and unclassified form.
(d) Submission to Congress.--Not later than 30 days after the date
on which the Secretary of Defense receives the report under subsection
(c), the Secretary shall submit to the congressional defense committees
an unaltered copy of the report in both classified and unclassified
form, and any comments of the Secretary with respect to the report.
SEC. 251. REPORT ON INNOVATION INVESTMENTS AND MANAGEMENT.
(a) Report Required.--Not later than December 31, 2019, the Under
Secretary of Defense for Research and Engineering shall submit to the
congressional defense committees a report on the efforts of the
Department of Defense to improve innovation investments and management.
(b) Elements.--The report required under subsection (a) shall
include an explanation of each of the following:
(1) How incremental and disruptive innovation investments
for each military department are defined.
(2) How such investments are assessed.
(3) Whether the Under Secretary has defined a science and
technology management framework that--
(A) emphasizes greater use of existing flexible
approaches to more quickly initiate and discontinue
projects to respond to the rapid pace of innovation;
(B) incorporates acquisition stakeholders into
technology development programs to ensure that they are
relevant to customers; and
(C) promotes advanced prototyping of disruptive
technologies within the labs so that the science and
technology community can prove that these technologies
work to generate demand from future acquisition
programs.
SEC. 252. REQUIREMENT FOR ANNUAL REPORT SUMMARIZING THE OPERATIONAL
TEST AND EVALUATION ACTIVITIES OF THE DEPARTMENT OF
DEFENSE.
Section 139(h)(2) of title 10, United States Code, is amended by
striking ``, through January 31, 2021''.
SEC. 253. INCREASE IN FUNDING FOR ARMY UNIVERSITY RESEARCH INITIATIVES.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for research, development, test, and evaluation, as
specified in the corresponding funding table in section 4201 for Army
basic research, University Research Initiatives, Line 003 (PE 0601103A
) is hereby increased by $5,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for research, development, test, and evaluation, as
specified in the corresponding funding table in section 4201 for
research, development, test, and evaluation, Army, system development
and demonstration, integrated personnel and pay system-Army (IPPS-A),
Line 143 (PE 0605018A), is hereby reduced by $5,000,000.
SEC. 254. FUNDING FOR ANTI-TAMPER HETEROGENOUS INTEGRATED
MICROELECTRONICS.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for research, development, test, and evaluation, as
specified in the corresponding funding table in section 4201, for
research, development, test, and evaluation, Defense-wide, advanced
technology development, defense-wide manufacturing science and
technology program, line 047 (PE 0603680D8Z) is hereby increased by
$5,000,000 (with the amount of such increase to be made available for
anti-tamper heterogeneous integrated microelectronics).
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 101 for procurement, as specified in the corresponding funding
table in section 4101, for other procurement, Army, elect equip-
automation, general fund enterprise business systems fam, line 114 is
hereby reduced by $5,000,000.
SEC. 255. BRIEFING ON USE OF BLOCKCHAIN TECHNOLOGY FOR DEFENSE
PURPOSES.
(a) Briefing Required.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for Research
and Engineering shall provide to the congressional defense committees a
briefing on the potential use of distributed ledger technology for
defense purposes.
(b) Elements.--The briefing under subsection (a) shall include the
following:
(1) An explanation of how distributed ledger technology may
be used by the Department of Defense to--
(A) improve cybersecurity, beginning at the
hardware level, of vulnerable assets such as energy,
water and transport grids, through distributed versus
centralized computing;
(B) reduce single points of failure in emergency
and catastrophe decision-making by subjecting the
decision to consensus validation through distributed
ledger technologies;
(C) improve the efficiency of defense logistics and
supply chain operations;
(D) enhance the transparency of procurement
auditing; and
(E) allow innovations to be adapted by the private
sector for ancillary uses.
(2) Such other information as the Under Secretary of
Defense for Research and Engineering determines to be
appropriate.
SEC. 256. EFFORTS TO COUNTER MANIPULATED MEDIA CONTENT.
(a) Briefing Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
provide to the congressional defense committees a briefing on
initiatives of the Department of Defense to identify and
address, as appropriate and as authorized in support of
Department of Defense operations, manipulated media content,
specifically ``deepfakes''.
(2) Elements.--The briefing required by paragraph (1) shall
include the following:
(A) Status of efforts to develop technology to
identify manipulated content impacting the national
security of the United States.
(B) Challenges to detecting, labeling, and
preventing foreign actors' manipulation of images and
video impacting national security.
(C) Plans to make deepfake detection technology
available to the public and other Federal agencies for
use in identifying manipulated media.
(D) The efforts of the Department of Defense, as
appropriate, to engage academia and industry
stakeholders to combat deliberately manipulated or
deceptive information from state and non-state actors
on social media platforms impacting operations
overseas.
(E) An assessment of the ability of adversaries to
generate deepfakes.
(F) Recommendations for a long-term transition
partner organization.
(b) Funding.--
(1) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding table
in section 4201, for research, development, test, and
evaluation, Defense-wide, applied research, SOF technology
development, line 022 (PE 1160401BB) is hereby increased by
$5,000,000 (with the amount of such increase to be made
available for Media Forensics).
(2) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding table
in section 4201 for research, development, test, and
evaluation, Air Force, operational systems development, AF
integrated personnel and pay system (AF-IPPS), line 158 (PE
0605018F) is hereby reduced by $5,000,000.
(c) Rule of Construction.--Nothing in this section shall be
construed to authorize an activity that will impact the privacy or
civil liberties of United States persons.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are here by authorized to be appropriated for fiscal year
2020 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.
SEC. 302. FUNDING FOR ARMY COMMUNITY SERVICES.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for operation and maintenance for Army base operations
support, line 100, as specified in the corresponding funding table in
section 4301, for Army Community Services is hereby increased by
$30,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for operation and maintenance, for Army Force Readiness
Operations Support, line 070, as specified in the corresponding funding
table in section 4301, is hereby reduced by $15,000,000.
(c) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for operation and maintenance, for Army Land Forces
Operations Support, as specified in the corresponding funding table in
section 4301, line 050, is hereby reduced by $15,000,000.
SEC. 303. INCREASE IN FUNDING FOR CIVIL MILITARY PROGRAMS.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated for
operation and maintenance, Defense-wide, as specified in the
corresponding funding table in section 4301, for Civil Military
Programs is hereby increased by $50,000,000 (to be used in support of
the National Guard Youth Challenge Program).
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated for
operation and maintenance, Defense-wide, as specified in the
corresponding funding table in section 4301, for Operation and
Maintenance, Defense-wide is hereby reduced by $50,000,000.
Subtitle B--Energy and Environment
SEC. 311. TIMELINE FOR CLEARINGHOUSE REVIEW OF APPLICATIONS FOR ENERGY
PROJECTS THAT MAY HAVE AN ADVERSE IMPACT ON MILITARY
OPERATIONS AND READINESS.
Section 183a(c)(1) of title 10, United States Code, is amended by
striking ``60 days'' and inserting ``90 days''.
SEC. 312. AUTHORITY TO MAKE FINAL FINDING ON DESIGNATION OF GEOGRAPHIC
AREAS OF CONCERN FOR PURPOSES OF ENERGY PROJECTS WITH
ADVERSE IMPACTS ON MILITARY OPERATIONS AND READINESS.
Section 183a(d)(2)(E) of title 10, United States Code, is amended--
(1) by striking ``or a Principal'' and inserting ``a''; and
(2) by inserting ``, an Assistant Secretary of Defense, or
a Deputy Assistant Secretary of Defense'' after ``Deputy Under
Secretary of Defense''.
SEC. 313. AUTHORITY TO ACCEPT CONTRIBUTIONS OF FUNDS FROM APPLICANTS
FOR ENERGY PROJECTS FOR MITIGATION OF IMPACTS ON MILITARY
OPERATIONS AND READINESS.
Section 183a(f) of title 10, United States Code, is amended by
striking ``for a project filed with the Secretary of Transportation
pursuant to section 44718 of title 49'' and inserting ``for an energy
project''.
SEC. 314. DEPARTMENT OF DEFENSE IMPROVEMENT OF PREVIOUSLY CONVEYED
UTILITY SYSTEMS SERVING MILITARY INSTALLATIONS.
Section 2688 of title 10, United States Code, is amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following new
subsection (k):
``(k) Improvement of Conveyed Utility Systems.--In the case of a
utility system that is conveyed under this section and that only
provides utility services to a military installation, the Secretary
concerned may use amounts authorized to be appropriated for military
construction to improve the reliability, resilience, efficiency,
physical security, or cybersecurity of the utility system.''.
SEC. 315. FIVE-YEAR AUTHORITY FOR NATIONAL GUARD ENVIRONMENTAL
RESTORATION PROJECTS FOR ENVIRONMENTAL RESPONSES.
(a) In General.--Section 2707 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(e) Temporary Authority for National Guard Projects.--
Notwithstanding subsection (a) of this section and section 2701(c)(1)
of this title, during the five-year period beginning on the date of the
enactment of this subsection, the Secretary concerned may carry out an
environmental restoration project if the Secretary determines that the
project is necessary to carry out a response to perfluorooctanoic acid
or perfluorooctane sulfonate contamination under this chapter or
CERCLA.''.
(b) Savings Clause.--Nothing in this section, or the amendment made
by this section, shall affect any requirement or authority under the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.).
SEC. 316. SALE OF ELECTRICITY FROM ALTERNATE ENERGY AND COGENERATION
PRODUCTION FACILITIES.
Section 2916(b)(3) of title 10, United States Code, is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
and
(2) in subparagraph (B)--
(A) by striking ``shall be available'' and all that
follows and inserting ``shall be provided directly to
the commander of the military installation in which the
geothermal energy resource is located to be used for--
''; and
(B) by adding at the end the following new clauses:
``(i) military construction projects described in
paragraph (2) that benefit the military installation
where the geothermal energy resource is located; or
``(ii) energy or water security projects that--
``(I) benefit the military installation
where the geothermal energy resource is
located;
``(II) the commander of the military
installation determines are necessary; and
``(III) are directly coordinated with local
area energy or groundwater governing
authorities.''.
SEC. 317. TRANSFER AUTHORITY FOR FUNDING OF STUDY AND ASSESSMENT ON
HEALTH IMPLICATIONS OF PER- AND POLYFLUOROALKYL
SUBSTANCES CONTAMINATION IN DRINKING WATER BY AGENCY FOR
TOXIC SUBSTANCES AND DISEASE REGISTRY.
Section 316(a)(2)(B)(ii) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1350), as amended by
section 315(a) of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232), is amended by striking
``2019 and 2020'' and inserting ``2019, 2020, and 2021''.
SEC. 318. REPLACEMENT OF FLUORINATED AQUEOUS FILM-FORMING FOAM WITH
FLUORINE-FREE FIRE-FIGHTING AGENT.
(a) Use of Fluorine-Free Foam at Military Installations.--Not later
than January 31, 2023, the Secretary of the Navy shall publish a
military specification for a fluorine-free fire-fighting agent for use
at all military installations to ensure such agent is available for use
by not later than December 31, 2024.
(b) Prohibition on Use.--Fluorinated aqueous film-forming foam may
not be used at any military installation on or after September 30,
2025, or before such date, if possible.
(c) Waiver.--
(1) In general.--Subject to paragraph (2), the Secretary of
Defense may grant a waiver to the prohibition under subsection
(b) with respect to the use of fluorinated aqueous film-forming
foam at a specific military installation if the Secretary
submits to the congressional defense committees, by not later
than 30 days prior to issuing the waiver--
(A) notice of the waiver; and
(B) certification, in writing, that the waiver is
necessary for the protection of life and safety.
(2) Basis for waiver.--Any certification submitted under
paragraph (1)(B) shall document the basis for the waiver and,
at a minimum, shall include the following:
(A) A detailed description of the threat justifying
the waiver and a description of the imminence, urgency,
and severity of such threat.
(B) An analysis of potential populations impacted
by continued use of fluorinated aqueous film forming
foam and why the waiver outweighs the impact to such
populations.
(C) An analysis of potential economic effects,
including with respect to agriculture, livestock, and
water systems of continued use of fluorinated aqueous
film forming foam and why the waiver outweighs such
effects.
(3) Limitation.--A waiver under this subsection shall apply
for a period that does not exceed one year. The Secretary may
extend any such waiver once for an additional period that does
not exceed one year.
SEC. 319. PROHIBITION OF UNCONTROLLED RELEASE OF FLUORINATED AQUEOUS
FILM-FORMING FOAM AT MILITARY INSTALLATIONS.
(a) Prohibition.--Except as provided by subsection (b), the
Secretary of Defense shall prohibit the uncontrolled release of
fluorinated aqueous film-forming foam (hereinafter in this section
referred to as ``AFFF'') at military installations.
(b) Exceptions.--Notwithstanding subsection (a), fluorinated AFFF
may be released at military installations as follows:
(1) AFFF may be released for purposes of an emergency
response.
(2) A non-emergency release of AFFF may be made for the
purposes of testing of equipment or training of personnel, if
complete containment, capture, and proper disposal mechanisms
are in place to ensure no AFFF is released into the
environment.
SEC. 320. PROHIBITION ON USE OF FLUORINATED AQUEOUS FILM FORMING FOAM
FOR TRAINING EXERCISES.
The Secretary of Defense shall prohibit the use of fluorinated
aqueous film forming foam for training exercises at military
installations.
SEC. 321. REAL-TIME NOISE-MONITORING STUDY AT NAVY AND AIR FORCE
INSTALLATIONS WHERE TACTICAL FIGHTER AIRCRAFT OPERATE.
(a) Real-Time Monitoring.--The Secretary of the Navy and the
Secretary of the Air Force shall each conduct a real-time noise-
monitoring study at no fewer than three Navy installations and three
Air Force installations. In conducting such study, the Secretaries
shall--
(1) select installations where tactical fighter aircraft
operate and noise contours have been developed through noise
modeling to validate the noise contours developed through
analysis and modeling at those installations; and
(2) ensure that such monitoring is conducted during times
of high, medium, and low activity.
(b) Report Required.--Not later than December 1, 2020, the
Secretary of the Navy and the Secretary of the Air Force shall jointly
submit to the Committees on Armed Services of the Senate and House of
Representatives a report on the real-time noise monitoring required
under subsection (a). Such report shall include--
(1) the results of such monitoring;
(2) a comparison of such monitoring and the noise contours
previously developed with the analysis and modeling methods
previously used;
(3) an overview of any changes to the analysis and modeling
process that have been made or are being considered as a result
of the findings of such monitoring; and
(4) any other matters that the Secretaries determine
appropriate.
SEC. 322. DEVELOPMENT OF CLIMATE VULNERABILITY AND RISK ASSESSMENT
TOOL.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall develop a climate
vulnerability and risk assessment tool to assist the military
departments in measuring how the risks associated with climate change
impact networks, systems, installations, facilities, and other assets,
as well as the operational plans and capabilities of the Department of
Defense.
(b) Consultation.--In developing the tool under subsection (a), the
Secretary shall consult with the Administrator of the Environmental
Protection Agency, the Secretary of Energy, the Secretary of the
Interior, the Administrator of the National Oceanic and Atmospheric
Administration, the Administrator of the Federal Emergency Management
Agency, the Commander of the Army Corps of Engineers, the Administrator
of the National Aeronautics and Space Administration, a federally
funded research and development center, and the heads of such other
relevant Federal agencies as the Secretary of Defense determines
appropriate.
(c) Prevailing Scientific Consensus.--Before completing development
of the tool under subsection (a), the Secretary shall obtain from a
federally funded research and development center with which the
Secretary has consulted under subsection (b) a certification in writing
that the tool contains a methodology that adequately incorporates the
prevailing scientific consensus on climate change.
(d) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report describing the tool
developed under subsection (a).
(2) Classified annex.--The report under paragraph (1) shall
be submitted in unclassified form but may contain a classified
annex if necessary.
(3) Publication.--Upon submittal of the report under
paragraph (1), the Secretary shall publish the unclassified
portion of the report on an internet website of the Department
that is available to the public.
(e) Updates to Tool.--
(1) In general.--After submittal of the report under
subsection (d), the Secretary of Defense shall update the
climate vulnerability and risk assessment tool developed under
subsection (a) on an annual basis, in consultation with the
individuals and entities described in subsection (b) and
consistent with the prevailing scientific consensus as required
under subsection (c).
(2) Report and publication.--Upon completing an update to
the tool under paragraph (1), the Secretary shall--
(A) submit to the congressional defense committees
a report describing such update; and
(B) publish the unclassified version of such report
on an internet website of the Department that is
available to the public.
SEC. 323. PROVISION OF UNCONTAMINATED WATER FOR AGRICULTURAL USE ON
LAND CONTAMINATED BY PFOS AND PFOA USED ON MILITARY
INSTALLATIONS.
(a) Findings.--Congress makes the following findings:
(1) Perfluorooctanesulfonic acid (in this section referred
to as ``PFOS'') and perfluorooctanoic acid (in this section
referred to as ``PFOA'') are part of a class of man-made
chemicals that have been used in a variety of industrial and
consumer products to make the products resist heat, stains,
water, and grease. Because PFOS and PFOA extinguish petroleum
fires quickly, the Department of Defense and commercial
airports began using aqueous film forming foam containing PFOS
and PFOA in the 1970s.
(2) PFOS and PFOA can accumulate and stay in the body for
long periods of time. Exposure to PFOS and PFOA may cause
health problems, including issues with the reproductive system,
liver and kidney damage, developmental issues in children, and
negatively impacted immune system, and cancer.
(3) A common method of human exposure to PFOS and PFOA is
by consuming contaminated drinking water.
(4) The Environmental Protection Agency issued lifetime
health advisories under the Safe Drinking Water Act for
individual or combined PFOS and PFOA concentrations at 70 parts
per trillion in 2016, but has not yet issued any guidance or
regulation for groundwater or agricultural water.
(5) The Department of Defense has provided mitigations in
many communities where drinking water has tested at or above
the lifetime health advisory level, including bottled water and
drinking water filtration systems. Due to the lack of
regulatory guidance, these mitigations have not been mirrored
in agricultural water systems.
(6) As a result, farmers located adjacent to military
installations with PFOS and PFOA contamination that has
migrated off-installation are potentially impacted, and in at
least one case, such contamination has had a serious impact on
the livelihood of a dairy farmer.
(b) Authority to Provide Uncontaminated Water for Agricultural
Purposes.--
(1) In general.--If an area has been identified under
paragraph (2), and a military installation has been determined
to be the source of that contamination, the Secretary of
Defense or the Secretary concerned may provide, for the purpose
of producing agricultural products destined for human
consumption--
(A) water sources uncontaminated with
perfluoroalkyl and polyfluoroalkyl substances,
including PFOA and PFOS, or
(B) treatment of contaminated waters.
(2) Identification of areas.--An area identified under this
paragraph is an area for which the level of PFOA or PFOS
contamination--
(A) is above the lifetime health advisory for
contamination for such compounds as issued by the
Environmental Protection Agency and printed in the
Federal Register on May 25, 2016;
(B) is at or above a regulatory standard set by the
Food and Drug Administration for PFOA and PFOS in raw
agricultural commodities and milk; or
(C) is at or above a duly promulgated, non-
discriminatory standard promulgated by a State
regulatory entity for PFOA and PFOS in raw agricultural
commodities and milk.
(3) Source of funds.--Amounts used to carry out this
section shall be derived--
(A) in the case of amounts made available by the
Secretary concerned, from amounts authorized to be
appropriated for Operation and Maintenance for the
military department concerned; or
(B) in the case of amounts made available by the
Secretary of Defense, from amounts authorized to be
appropriated for Operation and Maintenance, Defense-
wide.
(c) Sense of Congress Regarding Land Acquisition.--It is the sense
of Congress that the Secretary concerned should explore authorities
under which the Secretary could acquire land the land adjacent to
military installations where the owners of the land have experienced
impacts to their livelihood due to PFOS and PFOA contamination that has
been verified to have been caused by that installation, including the
authorities under sections 2663, 2864a, and 2869 of title 10, United
States Code.
SEC. 324. REMOVAL OF BARRIERS THAT DISCOURAGE INVESTMENTS TO INCREASE
RESILIENCY TO CLIMATE CHANGE.
The Secretary of Defense shall--
(1) identify and seek to remove barriers that discourage
investments to increase resiliency to climate change;
(2) reform policies and programs that unintentionally
increased the vulnerability of systems to related climate
change risks; and
(3) develop, and update at least once every four years, an
adaptation plan that assessed how climate impacts affected the
ability of the department or agency to accomplish its mission,
and the short-and long- term actions the department or agency
can take to manage climate risks.
SEC. 325. OFFSHORE ENERGY DEVELOPMENT.
(a) Prohibition.--The Secretary of Defense shall not issue an
offshore wind assessment that proposes wind exclusion areas and may not
object to an offshore energy project filed for review by the Military
Aviation and Installation Assurance Clearinghouse (in this section
referred to as the ``Clearinghouse'') until 180 days after submitting
the report required under (b).
(b) Report Required.--The Secretary of Defense, in coordination
with the Secretaries of the military departments, shall submit a report
to the congressional defense committees on the process that will be
used to by the Clearinghouse to review proposed offshore lease blocks
and proposed offshore energy projects. At minimum, the report should
include the following elements:
(1) The process and metrics used in evaluating proposed
offshore lease blocks or specific offshore energy projects for
compatibility with, or unacceptable risk to, military
operations and readiness.
(2) The process for coordinating with the Department of
Interior on assessing proposed offshore lease blocks and
military operations and readiness activities that occur in
those proposed lease blocks.
(3) The process for working with the proponent of a
proposed energy development to identify and evaluate possible
mitigations to enable energy developments that are compatible
with military operations and readiness.
(4) Any legislative changes to section 183a of title 10,
United States Code, to enable the Clearinghouse to perform its
new role in reviewing proposed offshore lease blocks and
offshore energy projects.
SEC. 326. USE OF PROCEEDS FROM SALE OF RECYCLABLE MATERIALS.
Section 2577(c) of title 10, United States Code, is amended by
striking ``$2,000,000'' and inserting ``$10,000,000''.
SEC. 327. DISPOSAL OF RECYCLABLE MATERIALS.
Section 2577(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3) In this section, the term `recyclable materials' includes any
quality recyclable material provided to the Department by a State or
local government entity.''.
SEC. 328. CLIMATE-CONSCIOUS BUDGETING OF DEPARTMENT OF DEFENSE.
(a) In General.--The Secretary of Defense shall include in the
annual budget submission of the President under section 1105(a) of
title 31, United States Code--
(1) a dedicated budget line item for adaptation to, and
mitigation of, climate-related risks to military networks,
systems, installations, facilities, and other assets and
capabilities of the Department of Defense; and
(2) an estimate of the anticipated adverse impacts to the
readiness of the Department and the financial costs to the
Department during the year covered by the budget of the loss
of, or damage to, military networks, systems, installations,
facilities, and other assets and capabilities of the
Department, including loss of or obstructed access to training
ranges, as a result of climate change.
(b) Disaggregation of Impacts and Costs.--The estimate under
subsection (a)(2) shall set forth the adverse readiness impacts and
financial costs under that subsection by military department, Defense
Agency, and other component or element of the Department.
SEC. 329. FUNDING FOR DETONATION CHAMBERS IN VIEQUES, PUERTO RICO.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 4301 for environmental restoration, Navy, line 060, as
specified in the corresponding funding table in section 4301, for the
purchase, deployment, and operation of a closed detonation chambers of
the dimensions necessary to achieve a substantial reduction in open air
burning and open air detonation that will bring the practice of open
air burning and open air detonation to the lowest practicable level, is
hereby increased by $10,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 4301 for Operations and Maintenance, as specified in the
corresponding funding table in section 4301, line 460, Office of the
Secretary of Defense for Admin & SRVWIDE Activities is hereby reduced
by $10,000,000.
SEC. 330. COMPTROLLER GENERAL REPORT ON ENVIRONMENTAL CLEANUP OF
VIEQUES AND CULEBRA, PUERTO RICO.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of Defense should explore all avenues and
alternatives to expedite the ongoing cleanup and environmental
restoration process in the former military training sites
located on the island-municipalities of Vieques and Culebra,
Puerto Rico;
(2) the Department of Defense should work with the U.S.
Environmental Protection Agency, the Fish and Wildlife Service,
and the Government of Puerto Rico to ensure the decontamination
process is conducted in a manner that causes the least possible
intrusion on the lives of island residents and minimizes public
health risks; and
(3) the Federal Government should collaborate with local
and private stakeholders to effectively address economic
challenges and opportunities in Vieques, Culebra, and the
adjacent communities of the former United States Naval Station
Roosevelt Roads.
(b) GAO Report.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall complete a study and submit a report to the congressional defense
committees on the status of the Federal cleanup and decontamination
process in the island-municipalities of Vieques and Culebra, Puerto
Rico. The study shall include a comprehensive analysis of the
following:
(1) The pace of ongoing cleanup and environmental
restoration efforts in the former military training sites in
Vieques and Culebra.
(2) Potential challenges and alternatives to accelerate the
completion of such efforts, including their associated costs
and any impact they might have on the public health and safety
of island residents.
SEC. 330A. PFAS DESIGNATION, EFFLUENT LIMITATIONS, AND PRETREATMENT
STANDARDS.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Administrator of the Environmental Protection Agency
shall revise the list of toxic pollutants described in paragraph (1) of
section 307(a) of the Federal Water Pollution Control Act (33 U.S.C.
1317(a)) to add per- and polyfluoroalkyl substances to such list, and
publish such revised list, without taking into account the factors
listed in such paragraph.
(b) Effluent Standards.--As soon as practicable after the date on
which the revised list is published under subsection (a), but not later
than January 1, 2022, the Administrator shall publish in the Federal
Register effluent standards under section 307(a)(2) of the Federal
Water Pollution Control Act (33 U.S.C. 1317(a)(2)) for substances added
to the list of toxic pollutants pursuant to subsection (a) of this
section, in accordance with sections 301(b)(2)(A) and 304(b)(2) of such
Act.
(c) Pretreatment Standards.--Not later than January 1, 2022, the
Administrator shall promulgate pretreatment standards for per- and
polyfluoroalkyl substances under section 307(b) of the Federal Water
Pollution Control Act (33 U.S.C. 1317(b)).
SEC. 330B. PROHIBITION ON PERFLUOROALKYL SUBSTANCES AND POLYFLUOROALKYL
SUBSTANCES IN MEALS READY-TO-EAT FOOD PACKAGING.
(a) Prohibition.--Not later than October 1, 2020, the Director of
the Defense Logistics Agency shall ensure that any food contact
substances that are used to assemble and package meals ready-to-eat
(MREs) procured by the Defense Logistics Agency do not contain any
perfluoroalkyl substances or polyfluoroalkyl substances.
(b) Definitions.--In this section:
(1) Perfluoroalkyl substance.--The term ``perfluoroalkyl
substance'' means a man-made chemical of which all of the
carbon atoms are fully fluorinated carbon atoms.
(2) Polyfluoroalkyl substance.--The term ``polyfluoroalkyl
substance'' means a man-made chemical containing a mix of fully
fluorinated carbon atoms, partially fluorinated carbon atoms,
and nonfluorinated carbon atoms.
SEC. 330C. COMPTROLLER GENERAL STUDY ON PFAS CONTAMINATION.
(a) Study Required.--The Comptroller General of the United States
shall conduct a review of the efforts of the Department of Defense to
clean up per- and polyfluoroalkyl substances (in this section referred
to as ``PFAS'') contamination in and around military bases as well as
the Department's efforts to mitigate the public health impact of the
contamination.
(b) Elements.--The study required by subsection (a), shall include
the following:
(1) An assessment of--
(A) when the Department of Defense discovered that
drinking water sources used by members of the Armed
Forces and residents of communities surrounding
military bases were contaminated with PFAS;
(B) after learning that the drinking water was
contaminated, when the Department of Defense notified
members of the Armed Forces and residents of
communities surrounding military bases that their
drinking water is contaminated with PFAS;
(C) after providing such notification, how much
time lapsed before those affected were given
alternative sources of drinking water;
(D) the number of installations and surrounding
communities currently drinking water that is
contaminated with PFAS above the EPA's advisory limit;
(E) the amount of money the Department of Defense
has spent on cleaning up PFAS contamination through the
date of enactment of this Act;
(F) the number of sites where the Department of
Defense has taken action to remediate PFAS
contamination or other materials as a result of the use
of firefighting foam on military bases;
(G) factors that might limit or prevent the
Department of Defense from remediating PFAS
contamination or other materials as a result of the use
of firefighting foam on military bases;
(H) the estimated total cost of clean-up of PFAS;
(I) the cost to the Department of Defense to
discontinue the use of PFAS in firefighting foam and to
develop and procure viable replacements that meet
military specifications; and
(J) the number of members of the Armed Forces who
have been exposed to PFAS in their drinking water above
the EPA's Health Advisory levels during their military
service.
(2) An evaluation of what the Department of Defense could
have done better to mitigate the release of PFAS contamination
into the environment and expose service members.
(3) Any other elements the Comptroller General may deem
necessary.
(c) Results.--
(1) Interim briefing.--Not later than 1 year after the date
of the enactment of this Act, the Comptroller General shall
provide to the congressional defense committees, the Committee
on Energy and Commerce of the House of Representatives and the
Committee on the Environment and Public Works of the Senate a
briefing on the preliminary findings of the study required by
this section.
(2) Final results.--The Comptroller General shall provide
the final results of the study required by this section to the
congressional defense committees, the Committee on Energy and
Commerce of the House of Representatives and the Committee on
the Environment and Public Works of the Senate at such time and
in such format as is mutually agreed upon by the committees and
the Comptroller General at the time of briefing under paragraph
(1).
SEC. 330D. DISPOSAL OF MATERIALS CONTAINING PER- AND POLYFLUOROALKYL
SUBSTANCES OR AQUEOUS FILM-FORMING FOAM.
The Secretary of Defense shall ensure that when materials
containing per- and polyfluoroalkyl substances (referred to in this
section as ``PFAS'') or aqueous film forming foam are disposed--
(1) all incineration is conducted in a manner that
eliminates PFAS while also ensuring that no PFAS is emitted
into the air;
(2) all incineration is conducted in accordance with the
requirements of the Clean Air Act (42 USC 7401 et seq.),
including controlling hydrogen fluoride;
(3) any materials containing PFAS that are designated for
disposal are stored in accordance with the requirement under
part 264 of title 40, Code of Federal Regulations; and
(4) no incineration is conducted at any facility that
violated the requirements of the Clean Air Act (42 U.S.C. 7401
et seq.) during the 12-month period preceding the date of
disposal.
SEC. 330E. PROHIBITION ON USE OF PERFLUOROALKYL SUBSTANCES AND
POLYFLUOROALKYL SUBSTANCES FOR LAND-BASED APPLICATIONS OF
FIREFIGHTING FOAM.
(a) Limitation.--After October 1, 2022, no amount authorized to be
appropriated or otherwise made available for the Department of Defense
may be obligated or expended to procure firefighting foam that contains
in excess of one part per billion of perfluoroalkyl substances and
polyfluoroalkyl substances.
(b) Prohibition on Use of Existing Stocks.--Not later than October
1, 2023, the Secretary of Defense shall cease the use of firefighting
foam containing in excess of one part per billion of perfluoroalkyl
substances and polyfluoroalkyl substances;
(c) Exemption for Shipboard Use.--Subsections (a) and (b) shall not
apply to firefighting foam for use solely onboard ocean-going vessels.
(d) Definitions.--In this section:
(1) The term ``perfluoroalkyl substances'' means aliphatic
substances for which all of the H atoms attached to C atoms in
the nonfluorinated substance from which they are notionally
derived have been replaced by F atoms, except those H atoms
whose substitution would modify the nature of any functional
groups present.
(2) The term ``polyfluoroalkyl substances'' means aliphatic
substances for which all H atoms attached to at least one (but
not all) C atoms have been replaced by F atoms, in such a
manner that they contain the perfluoroalkyl moiety
C<INF>n</INF>F<INF>2n+1</INF>_ (for example,
C<INF>8</INF>F<INF>17</INF>CH<INF>2</INF>CH<INF>2</INF>OH).
SEC. 330F. AGREEMENTS TO SHARE MONITORING DATA RELATING TO
PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES AND OTHER
CONTAMINANTS OF CONCERN.
(a) In General.--The Secretary of Defense shall seek to enter into
agreements with municipalities or municipal drinking water utilities
located adjacent to military installations under which both the
Secretary and the municipalities and utilities would share monitoring
data relating to perfluoroalkyl substances, polyfluoroalkyl substances,
and other emerging contaminants of concern collected at the military
installation.
(b) Public Communication.--An agreement under subsection (a) does
not negate the responsibility of the Secretary to communicate with the
public about drinking water contamination from perfluoroalkyl
substances, polyfluoroalkyl substances, and other contaminants.
(c) Military Installation Defined.--In this section, the term
``military installation'' has the meaning given that term in section
2801(c) of title 10, United States Code.
SEC. 330G. DETECTION OF PERFLUORINATED COMPOUNDS.
(a) Performance Standard for the Detection of Perfluorinated
Compounds.--
(1) In general.--The Director of the United States Geologic
Survey shall establish a performance standard for the detection
of perfluorinated compounds.
(2) Emphasis.--
(A) In general.--In developing the performance
standard under subsection (a), the Director shall
emphasize the ability to detect as many perfluorinated
compounds present in the environment as possible using
analytical methods that are as sensitive as is feasible
and practicable.
(B) Requirement.--In developing the performance
standard under subsection (a), the Director may--
(i) develop quality assurance and quality
control measures to ensure accurate sampling
and testing;
(ii) develop a training program with
respect to the appropriate method of sample
collection and analysis of perfluorinated
compounds; and
(iii) coordinate as necessary with the
Administrator to develop methods to detect
individual and different perfluorinated
compounds simultaneously.
(b) Nationwide Sampling.--
(1) In general.--The Director shall carry out a nationwide
sampling to determine the concentration of perfluorinated
compounds in estuaries, lakes, streams, springs, wells,
wetlands, rivers, aquifers, and soil using the performance
standard developed under subsection (a)(1).
(2) Requirements.--In carrying out the sampling under
paragraph (1), the Director shall--
(A) first carry out the sampling at sources of
drinking water near locations with known or suspected
releases of perfluorinated compounds;
(B) when carrying out sampling of sources of
drinking water under paragraph (1), carry out the
sampling prior to any treatment of the water;
(C) survey for ecological exposure to
perfluorinated compounds, with a priority in
determining direct human exposure through drinking
water; and
(D) consult with--
(i) States to determine areas that are a
priority for sampling; and
(ii) the Administrator--
(I) to enhance coverage of the
sampling; and
(II) to avoid unnecessary
duplication.
(3) Report.--Not later than 150 days after the completion
of the sampling under paragraph (1), the Director shall prepare
a report describing the results of the sampling and submit the
report to--
(A) the Committee on Environment and Public Works
and the Committee on Energy and Natural Resources of
the Senate;
(B) the Committee on Natural Resources and the
Committee on Energy and Commerce of the House of
Representatives;
(C) the Senators of each State in which the
Director carried out the sampling; and
(D) each Member of the House of Representatives
that represents a district in which the Director
carried out the sampling.
(c) Data Usage.--
(1) In general.--The Director shall provide the sampling
data collected under subsection (b) to--
(A) the Administrator of the Environmental
Protection Agency; and
(B) other Federal and State regulatory agencies on
request.
(2) Usage.--The sampling data provided under subsection (a)
shall be used to inform and enhance assessments of exposure,
likely health and environmental impacts, and remediation
priorities.
(d) Collaboration.--In carrying out this section, the Director
shall collaborate with--
(1) appropriate Federal and State regulators;
(2) institutions of higher education;
(3) research institutions; and
(4) other expert stakeholders.
(e) Authority for Transfer of Funds.--Of the funds authorized to be
appropriated by section 301, the Secretary of Defense may, without
regard to section 2215 of title 10, United States Code, transfer not
more than $5,000,000 to the Secretary of the Interior to carry out
nationwide sampling under this section. Any funds transferred under
this section may not be used for any other purpose, except those
specified under this section.
(f) Funding.--
(1) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301, as specified in the corresponding
funding table in section 4301, Total Operation and Maintenance,
Defense-Wide, Line 080, for the Detection of Perfluorinated
Compounds is hereby increased by $5,000,000.
(2) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 101 for Procurement of Wheeled and
Tracked Combat Vehicles, Army, as specified in the
corresponding funding table in section 4101, for Bradley
Program (Mod) is hereby reduced by $5,000,000.
(g) Definitions.--In this section:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``Director'' means the Director of the United
States Geological Survey.
(3) The term ``perfluorinated compound'' means a
perfluoroalkyl substance or a polyfluoroalkyl substance that is
manmade with at least 1 fully fluorinated carbon atom.
(4) The term ``fully fluorinated carbon atom'' means a
carbon atom on which all the hydrogen substituents have been
replaced by fluorine.
(5) The term ``nonfluorinated carbon atom'' means a carbon
atom on which no hydrogen substituents have been replaced by
fluorine.
(6) The term ``partially fluorinated carbon atom'' means a
carbon atom on which some, but not all, of the hydrogen
substituents have been replaced by fluorine.
(7) The term ``perfluoroalkyl substance'' means a manmade
chemical of which all of the carbon atoms are fully fluorinated
carbon atoms.
(8) The term ``polyfluoroalkyl substance'' means a manmade
chemical containing a mix of fully fluorinated carbon atoms,
partially fluorinated carbon atoms, and nonfluorinated carbon
atoms.
SEC. 330H. COOPERATIVE AGREEMENTS WITH STATES TO ADDRESS CONTAMINATION
BY PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES.
(a) Cooperative Agreements.--
(1) In general.--Upon request from the Governor or chief
executive of a State, the Secretary of Defense shall work
expeditiously, pursuant to section 2701(d) of title 10, United
States Code, to finalize a cooperative agreement, or amend an
existing cooperative agreement to address testing, monitoring,
removal, and remedial actions relating to the contamination or
suspected contamination of drinking, surface, or ground water
from PFAS originating from activities of the Department of
Defense by providing the mechanism and funding for the
expedited review and approval of documents of the Department
related to PFAS investigations and remedial actions from an
active or decommissioned military installation, including a
facility of the National Guard.
(2) Minimum standards.--A cooperative agreement finalized
or amended under paragraph (1) shall meet or exceed the most
stringent of the following standards for PFAS in any
environmental media:
(A) An enforceable State standard, in effect in
that State, for drinking, surface, or ground water, as
described in section 121(d)(2)(A)(ii) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(ii)).
(B) An enforceable Federal standard for drinking,
surface, or ground water, as described in section
121(d)(2)(A)(i) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9621(d)(2)(A)(i)).
(C) A health advisory under section 1412(b)(1)(F)
of the Safe Drinking Water Act (42 U.S.C. 300g-
1(b)(1)(F)).
(3) Other authority.--In addition to the requirements for a
cooperative agreement under paragraph (1), when otherwise
authorized to expend funds for the purpose of addressing ground
or surface water contaminated by a perfluorinated compound, the
Secretary of Defense may, to expend those funds, enter into a
grant agreement, cooperative agreement, or contract with--
(A) the local water authority with jurisdiction
over the contamination site, including--
(i) a public water system (as defined in
section 1401 of the Safe Drinking Water Act (42
U.S.C. 300f)); and
(ii) a publicly owned treatment works (as
defined in section 212 of the Federal Water
Pollution Control Act (33 U.S.C. 1292)); or
(B) a State, local, or Tribal government.
(b) Report.--Beginning on February 1, 2020, if a cooperative
agreement is not finalized or amended under subsection (a) within one
year after the request from the Governor or chief executive under that
subsection, and annually thereafter, the Secretary of Defense shall
submit to the appropriate committees and Members of Congress a report--
(1) explaining why the agreement has not been finalized or
amended, as the case may be; and
(2) setting forth a projected timeline for finalizing or
amending the agreement.
(c) Definitions.--In this section:
(1) Appropriate committees and members of congress.--The
term ``appropriate committees and Members of Congress'' means--
(A) the congressional defense committees;
(B) the Senators who represent a State impacted by
PFAS contamination described in subsection (a)(1); and
(C) the Members of the House of Representatives who
represent a district impacted by such contamination.
(2) Fully fluorinated carbon atom.--The term ``fully
fluorinated carbon atom'' means a carbon atom on which all the
hydrogen substituents have been replaced by fluorine.
(3) PFAS.--The term ``PFAS'' means perfluoroalkyl and
polyfluoroalkyl substances that are man-made chemicals with at
least one fully fluorinated carbon atom.
(4) State.--The term ``State'' has the meaning given the
term in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601).
SEC. 330I. FINDINGS, PURPOSE, AND APOLOGY.
Section 2(a)(1) of the Radiation Exposure Compensation Act (Public
Law 101-426; 42 U.S.C. 2210 note) is amended by inserting ``, including
individuals in New Mexico, Idaho, Colorado, Arizona, Utah, Texas,
Wyoming, Oregon, Washington, South Dakota, North Dakota, Nevada, Guam,
and the Northern Mariana Islands,'' after ``tests exposed
individuals''.
SEC. 330J. STUDY ON ENERGY SAVINGS PERFORMANCE CONTRACTS.
(a) Study.--The Secretary of Defense shall conduct a study on how
the Secretary could enter into more energy savings performance
contracts (referred to in this section as ``ESPCs'' ). In conducting
the study, the Secretary shall--
(1) identify any legislative or regulatory barriers to
entering into more ESPCs; and
(2) include policy proposals for how the Department of
Defense could evaluate the cost savings caused by increasing
energy resiliency when evaluating whether to enter into ESPCs.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report on the study required under subsection (a).
SEC. 330K. REDUCTION OF DEPARTMENT OF DEFENSE FACILITY WATER USE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report containing plan to reduce
facility water use intensity, relative to the baseline of the water
consumption of the facility for fiscal year 2018. The report shall
include each of the following:
(1) Life-cycle cost-effective measures that will reduce
water consumption by 2 percent annually through the end of
fiscal year 2025.
(2) Baseline development methodology for calculating a
baseline of water use intensity for fiscal year 2018, defined
as gallons per gross square foot per year, that will permit all
future reduction goals to be measured relative to such
baseline.
(3) An identification of life-cycle cost effective water
savings measures that can be implemented to achieve in
Department of Defense facilities a minimum of 2 percent annual
reduction in water use through 2025.
(4) A description of any barriers to implementation of a
water use reduction program.
(b) Water Use.--In this section, the term ``water use'' with
respect to a facility includes--
(1) all water used at the facility that is obtained from
public water systems or from natural freshwater sources such as
lakes, streams, and aquifers, where the water is classified or
permitted for human consumption; and
(2) potable water used for drinking, bathing, toilet
flushing, laundry, cleaning and food services, watering of
landscaping, irrigation, and process applications such as
cooling towers, boilers, and fire suppression systems.
SEC. 330L. PLAN TO PHASE OUT USE OF BURN PITS.
The Secretary of Defense shall submit to Congress an implementation
plan to phase out the use of the burn pits identified in the Department
of Defense Open Burn Pit Report to Congress in April 2019.
SEC. 330M. INFORMATION RELATING TO LOCATIONS OF BURN PIT USE.
The Secretary of Defense shall provide to the Secretary of Veterans
Affairs and Congress a list of all locations at which open-air burn
pits have been used by Secretary of Defense, for the purposes of
augmenting the research, healthcare delivery, disability compensation,
and other activities of the Secretary of Veterans Affairs.
SEC. 330N. RADIUM TESTING AT CERTAIN LOCATIONS OF THE DEPARTMENT OF THE
NAVY.
(a) In General.--The Secretary of the Navy shall provide for an
independent third-party data quality review of all radium testing
completed by contractors of the Department of the Navy at a covered
location.
(b) Covered Location Defined.--In this section, the term ``covered
location'' means any location where the Secretary of the Navy is
undertaking a project or activity funded through one of the following
accounts of the Department of Defense:
(1) Operation and Maintenance, Environmental Restoration,
Navy.
(2) Operation and Maintenance, Environmental Restoration,
Formerly Used Defense Sites.
SEC. 330O. DESIGNATION AS HAZARDOUS SUBSTANCES.
Not later than 1 year after the date of enactment of this Act, the
Administrator of the Environmental Protection Agency shall designate
all per- and polyfluoroalkyl substances as hazardous substances under
section 102(a) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9602(a)).
Subtitle C--Logistics and Sustainment
SEC. 331. MATERIAL READINESS METRICS AND OBJECTIVES.
(a) Material Readiness Metrics and Objectives.--
(1) In general.--Chapter 2 of title 10, United States Code,
is amended by inserting after section 117 the following new
section:
``Sec. 118. Material readiness metrics and objectives
``(a) Guidance.--(1) The Secretary of Defense shall issue and
maintain guidance requiring the implementation and use of material
readiness metrics to enable assessment of the readiness of armed forces
to carry out the national defense strategy required by section 113 of
this title.
``(2) Guidance issued pursuant to this section shall ensure that
such material readiness metrics--
``(A) are based on standardized and consistent criteria;
and
``(B) are applied, used, recorded, and reported in same
manner by all components of the Department of Defense.
``(b) Metrics.--At a minimum, the material readiness metrics
required by subsection (a) shall address the material availability,
operational availability, and material reliability of each major weapon
system by designated mission design series, variant, or class.
``(c) Material Readiness Objectives.--(1) The Secretary of Defense
shall establish, and annually review and revise, an objective value for
each metric required by subsection (b) as a necessary component to
support the review and revision of the national defense strategy
required by section 113 of this title.
``(2) To the maximum extent practicable, the Secretary shall ensure
that objective values established under this subsection are
unclassified.
``(d) Definitions.--In this section:
``(1) The term `major weapons system' has the meaning given
the term `major system' under section 2302(5) of this title,
except that such term does not include an acquisition program
for a defense business system (as defined in section 2222(i)(1)
of this title).
``(2) The term `material availability' means the measure of
the percentage of the total inventory of a system that is
operationally capable of performing an assigned mission.
``(3) The term `material reliability' means the probability
that a covered asset will perform without failure over a
specified interval.
``(4) The term `operational availability' means the measure
of the percentage of time a covered asset is operationally
capable.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 117 the following new item:
``118. Material readiness metrics and objectives.''.
(b) Conforming Amendment.--Section 2337(b)(2)(A) of title 10,
United States Code, is amended--
(1) by inserting ``to meet the material readiness
objectives'' before ``for the weapon system''; and
(2) by inserting ``under section 118 of this title'' after
``weapon system''.
(c) Deadlines.--
(1) Deadline for guidance.--The guidance required by
section 118(a) of title 10, United States Code, as added by
subsection (a), shall be issued by not later than 180 days
after the date of the enactment of this Act.
(2) Deadline for establishment of material readiness
objectives.--The material readiness objectives required by
section 118(c)(1) of title 10, United States Code, as added by
subsection (a), shall be established by not later than one year
after the date of the enactment of this Act.
SEC. 332. CLARIFICATION OF AUTHORITY REGARDING USE OF WORKING CAPITAL
FUNDS FOR UNSPECIFIED MINOR MILITARY CONSTRUCTION
PROJECTS RELATED TO REVITALIZATION AND RECAPITALIZATION
OF DEFENSE INDUSTRIAL BASE FACILITIES.
Section 2208(u) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``carry out'' and
inserting ``fund'';
(2) in paragraph (2)--
(A) by striking ``Section 2805'' and inserting
``(A) Except as provided in subparagraph (B), section
2805'';
(B) by striking ``carried out with'' and inserting
``funded using''; and
(C) by adding at the end the following new
subparagraph:
``(B) For purposes of applying subparagraph (A), the dollar
limitation specified in subsection (a)(2) of section 2805 of this
title, subject to adjustment as provided in subsection (f) of such
section, shall apply rather than the dollar limitation specified in
subsection (c) of such section.''; and
(3) in paragraph (4), by striking ``carry out'' and
inserting ``fund''.
SEC. 333. F-35 JOINT STRIKE FIGHTER SUSTAINMENT.
(a) Limitation on Use of Funds.--Of the amounts authorized to be
appropriated or otherwise made available in this Act for the Office of
the Under Secretary of Defense for Acquisition and Sustainment for
fiscal year 2020, not more than 75 percent may be obligated or expended
until the date on which the Under Secretary submits the report required
by subsection (b).
(b) Report Required.--The Under Secretary of Defense for
Acquisition and Sustainment shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on steps
being taken to improve the availability and accountability of F-35
parts within the supply chain. At a minimum, the report shall include a
detailed plan for each of the following elements:
(1) How the accountable property system of record will be
updated with information from the prime contractors supplying
such parts on required cost and related data with respect to
the parts and how the F-35 Program Office will ensure such
contractors are adhering to contractual requirements for the
management, reporting, visibility, and accountability of all
such parts supplied by the prime contractors.
(2) How the accountability property system of record will
have interfaces that allow the F-35 Program Office and other
authorized entities to have proper accountability of assets in
accordance with applicable Department of Defense Instructions,
Department of Defense Manuals, and other applicable
regulations.
(3) How the F-35 Program Office and the Secretary of each
of the military departments will ensure business rules for the
prioritization of F-35 parts across all program participants is
sufficient, effective, and responsive.
(4) Steps being taken to ensure parts within the base,
afloat, and deployment spares packages are compatible for
deploying F-35 aircraft and account for updated parts demand.
SEC. 334. REPORT ON STRATEGIC POLICY FOR PREPOSITIONED MATERIEL AND
EQUIPMENT.
(a) Report Required.--Not later than March 1, 2020, the Assistant
Secretary of Defense for Sustainment, in coordination with the Joint
Staff, shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the implementation plan for
prepositioned materiel and equipment required by section 321(b) of the
National Defense Authorization Act for Fiscal Year 2014 (Public Law
113-66; 127 Stat. 730; 10 U.S.C. 2229 note). Such report shall include
each of the following:
(1) A comprehensive list of the prepositioned materiel and
equipment programs of the Department of Defense.
(2) A detailed description of how the plan will be
implemented.
(3) A description of the resources required to implement
the plan, including the amount of funds and personnel.
(4) A description of how the plan will be reviewed and
assessed to monitor progress.
(5) Guidance on applying a consistent definition of
prepositioning across the Department, including the military
departments, the combatant commands, and the Defense Agencies.
(6) A detailed description of how the Secretary will
implement a joint oversight approach of the prepositioning
programs of the military departments.
(b) Limitation on Use of Funds.--Of the amounts authorized to be
appropriated or otherwise made available in this Act for the Office of
the Assistant Secretary of Defense for Sustainment for fiscal year
2020, not more than 75 percent may be obligated or expended until the
date on which the Assistant Secretary submits the report required by
subsection (a).
SEC. 335. LIMITATION ON USE OF FUNDS FOR IMPLEMENTATION OF ELEMENTS OF
MASTER PLAN FOR REDEVELOPMENT OF FORMER SHIP REPAIR
FACILITY IN GUAM.
(a) Limitation.--Except as provided in subsection (b), none of the
funds authorized to be appropriated by this Act or otherwise made
available for the Navy for fiscal year 2020 may be obligated or
expended for any construction, alteration, repair, or development of
the real property consisting of the Former Ship Repair Facility in
Guam.
(b) Exception.--The limitation under subsection (a) does not apply
to any project that directly supports depot-level ship maintenance
capabilities, including the mooring of a floating dry dock.
(c) Former Ship Repair Facility in Guam.--In this section, the term
``Former Ship Repair Facility in Guam'' means the property identified
by that name under the base realignment and closure authority carried
out under the Defense Base Closure and Realignment Act of 1990 (part A
of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
SEC. 336. REPORT ON EFFECTS OF INCREASED AUTOMATION OF DEFENSE
INDUSTRIAL BASE ON MANUFACTURING WORKFORCE.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report on the
effects of the increased automation of the defense industrial base over
the ten-year period beginning on the date that is 30 days after the
date of the enactment of this Act. Such report shall include, for the
period covered by the report--
(1) an estimate of the number of jobs in the United States
manufacturing workforce expected to be eliminated due to
automation in the defense sector;
(2) an analysis describing any new types of jobs that are
expected to be established as a result of an increasingly
automated process, including an estimate of the number of these
types of jobs that are expected to be created;
(3) an analysis of the potential threats to the national
security of the United States that are unique to the automation
of the defense industry;
(4) a strategy to assist in providing workforce training
and transition preparation for workers who may lose
manufacturing jobs in the defense industry due to automation;
(5) a description of any training necessary for workers
affected by automation to more easily transition to new types
of jobs within the defense manufacturing industry; and
(6) any actions taken, or planned to be taken, by the
Department of Defense to assist in worker transition.
SEC. 337. EXTENSION OF TEMPORARY INSTALLATION REUTILIZATION AUTHORITY
FOR ARSENALS, DEPOTS AND PLANTS.
(a) Ensuring Viability of Arsenals, Depots and Plants.--Section
345(d) of the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 10 U.S.C. 2667 note) is amended by striking
``September 30, 2020'' and inserting ``September 30, 2025''.
(b) Report Required .-- Not later than March 1, 2020, the Secretary
of the Army shall submit to the congressional defense committees a
report that includes--
(1) the results of a needs assessment conducted by the
Secretary to determine the logistical, information technology,
and security requirements to create an internal listing service
of Army assets available for lease at Arsenal's, depots and
plants; and
(2) information from any previous Army assessments or
inventory of real property.
SEC. 338. PILOT PROGRAM TO TRAIN SKILLED TECHNICIANS IN CRITICAL
SHIPBUILDING SKILLS.
(a) Establishment.--The Secretary of Defense may carry out a pilot
program to train individuals to become skilled technicians in critical
shipbuilding skills such as welding, metrology, quality assurance,
machining, and additive manufacturing.
(b) Partnerships.--In carrying out the pilot program required under
this section, the Secretary may partner with existing Federal or State
projects relating to investment and infrastructure in training and
education or workforce development, such as the National Network for
Manufacturing Innovation, the Industrial Base Analysis and Sustainment
program of the Department of Defense, and the National Maritime
Educational Council.
(c) Termination.--The pilot program required under this section
shall terminate on September 30, 2025.
(d) Briefings.--
(1) Plan briefing.--Not later than February 28, 2020, the
Secretary shall provide a briefing to the Committees on Armed
Services of the Senate and the House of Representatives on the
plan, cost estimate, and schedule for the pilot program
required under this section.
(2) Progress briefings.--Not less frequently than annually
during fiscal years 2020 and 2021, the Secretary shall brief
the congressional defense committees on the progress of the
Secretary in carrying out the pilot program.
Subtitle D--Reports
SEC. 341. READINESS REPORTING.
(a) Readiness Reporting System.--Section 117 of title 10, United
State Code, is amended--
(1) by striking subsections (d) through (g); and
(2) by redesignating subsection (h) as subsection (d).
(b) Quarterly Reports.--Section 482 of title 10, United States
Code, is amended--
(1) in the section heading, by striking ``Quarterly
reports: personnel and unit readiness'' and inserting
``Readiness reports'';
(2) in subsection (a)--
(A) In the subsection heading, by striking
``Quarterly Reports Required'' and inserting ``Reports
and Briefings'';
(B) In the first sentence--
(i) by striking ``Not later'' and inserting
``(1) Not later''; and
(ii) by striking ``each calendar-year
quarter'' and inserting ``the second and fourth
quarter of each calendar year'';
(C) by striking the second and third sentences and
inserting ``The Secretary of Defense shall submit each
such report in writing and shall also submit a copy of
each such report to the Chairman of the Joint Chiefs of
Staff.''; and
(D) by adding at the end the following new
paragraphs:
``(2) Not later than 30 days after the end of the first and third
quarter of each calendar year, the Secretary of Defense shall provide
to Congress a briefing regarding the military readiness of the active
and reserve components.
``(3) Each report under this subsection shall contain the elements
required by subsection (b) for the quarter covered by the report, and
each briefing shall address any changes to the elements described in
subsection (b) since the submittal of the most recently submitted
report.'';
(3) by striking subsection (b) and inserting the following:
``(b) Required Elements.--The elements described in this subsection
are each of the following:
``(1) A description of each readiness problem or deficiency
that affects the ground, sea, air, space, cyber, or special
operations forces, and any other area determined appropriate by
the Secretary of Defense.
``(2) The key contributing factors, indicators, and other
relevant information related to each identified problem or
deficiency.
``(3) The short-term mitigation strategy the Department
will employ to address each readiness problem or deficiency
until a resolution is in place, as well as the timeline, cost,
and any legislative remedies required to support the
resolution.
``(4) A summary of combat readiness ratings for the key
force elements assessed, including specific information on
personnel, supply, equipment, and training problems or
deficiencies that affect the combat readiness ratings for each
force element.
``(5) A summary of each upgrade or downgrade of the combat
readiness of a unit that was issued by the commander of the
unit, together with the rationale of the commander for the
issuance of such upgrade or downgrade.
``(6) A summary of the readiness of supporting
capabilities, including infrastructure, prepositioned equipment
and supplies, and mobility assets, and other supporting
logistics capabilities.
``(7) A summary of the readiness of the combat support and
related agencies, any readiness problem or deficiency affecting
any mission essential tasks of any such agency, and actions
recommended to address any such problem or deficiency.
``(8) A list of all Class A, Class B, and Class C mishaps
that occurred in operations related to combat support and
training events involving aviation, ground, or naval platforms,
weapons, space, or Government vehicles, as defined by
Department of Defense Instruction 6055.07, or a successor
instruction.
``(9) Information on the extent to which units of the armed
forces have removed serviceable parts, supplies, or equipment
from one vehicle, vessel, or aircraft in order to render a
different vehicle, vessel, or aircraft operational.
``(10) Such other information as determined necessary or
appropriate by the Secretary of Defense.'';
(4) by striking subsections (d) through (h) and subsection
(j);
(5) by redesignating subsection (i) as subsection (e); and
(6) by inserting after subsection (c) the following new
subsections (d):
``(d) Semi-Annual Joint Force Readiness Review.--(1) Not later than
30 days after the last day of the first and third quarter of each
calendar year, the Chairman of the Joint Chiefs of Staff shall submit
to Congress a written report on the capability of the armed forces, the
combat support and related agencies, operational contract support, and
the geographic and functional combatant commands to execute their
wartime missions based upon their posture and readiness as of the time
the review is conducted.
``(2) The Chairman shall produce the report required under this
subsection using information derived from the quarterly reports
required by subsection (a).
``(3) Each report required by this subsection shall include an
assessment by each commander of a geographic or functional combatant
command of the readiness of the command to conduct operations in a
multidomain battle that integrates ground, sea, air, space, cyber, and
special operations forces.
``(4) The Chairman shall submit to the Secretary of Defense a copy
of each report under this subsection.''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 23 of such title is amended by striking the item relating to
section 482 and inserting the following new item:
``482. Readiness reports.''.
SEC. 342. EXTENSION OF DEADLINE FOR TRANSITION FROM SERVICE-SPECIFIC
DEFENSE READINESS REPORTING SYSTEMS.
Section 358(c) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232) is amended by striking
``October 1, 2019'' and inserting ``October 1, 2020''.
SEC. 343. REPORT ON NAVY SHIP DEPOT MAINTENANCE BUDGET.
(a) In General.--Not later than March 1 of each of 2020, 2021, and
2022, 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
Operation and Maintenance Ship Depot Maintenance budget sub-activity
group.
(b) Elements.--The report required under subsection (a) shall
include each of the following elements:
(1) A breakdown of funding, categorized by class of ship,
requested for ship and submarine maintenance.
(2) A description of how the requested funding, categorized
by class of ship, compares to the identified ship maintenance
requirement.
(3) The amount of funds appropriated for each class of ship
for the preceding fiscal year.
(4) The amount of funds obligated and expended for each
class of ship for each of the three preceding fiscal years.
(5) The cost, categorized by class of ship, of unplanned
growth work for each of the three preceding fiscal years.
SEC. 344. REPORT ON RUNIT DOME.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Energy, in coordination with
the Administrator of the Environmental Protection Agency and Secretary
of Defense, shall submit to the Committee on Energy and Commerce, the
Committee on Natural Resources, and the Committee on Armed Services of
the House of Representatives and the Committee on Armed Services and
the Committee on Energy and Natural Resources of the Senate a report on
the status of the Runit Dome in the Marshal Islands.
(b) Matters for Inclusion.--The report required by subsection (a)
shall include each of the following:
(1) A detailed plan to remove the radioactive materials in
the dome to a safer and more stable location, including a
predicted timeline and associated costs.
(2) A detailed plan to repair the dome to ensure that it
does not have any harmful effects to the local population,
environment, or wildlife, including the projected costs of
implementing such plan.
(3) The effects on the environment that the dome has
currently and is projected to have in 5 years, 10 years, and 20
years.
(4) An assessment on the safety of food gathered from local
food sources.
(5) An assessment of the current condition of the outer
constructs of the dome.
(6) An assessment of the current and long-term safety to
local humans posed by the site.
(7) How climate change and rising sea levels are predicted
to affect the dome, including a description of projected
scenarios if the dome becomes partially or fully submerged by
ocean water.
(8) A summary of interactions between the Government of the
United States and the government of the Marshall Islands about
the dome.
(9) A detailed description of the physical health effects
on Pacific Islanders, including residents of Hawaii, Fuji, and
Samoa, of nuclear testing conducted at Runit Dome.
(10) A detailed description of the pre- and post-nuclear
test communications between the United States and the
governments of the territories and nations of the Pacific
Islands, including Hawaii, Fuji, and Samoa.
(c) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form and made publicly available.
SEC. 345. COMPTROLLER GENERAL STUDY OF OUT-OF-POCKET COSTS FOR SERVICE
DRESS UNIFORMS.
(a) Review Required.--The Comptroller General of the United States
shall conduct a study of the out-of-pocket costs to members of the
Armed Forces for service dress uniforms.
(b) Elements.--The review under subsection (a) shall address each
of the following:
(1) A description and comparison of the out-of-pocket cost
to members of the Armed Forces for the purchase of service
dress uniforms and service dress uniform items, broken down
by--
(A) gender;
(B) Armed Force;
(C) enlisted; and
(D) officer.
(2) Stipends, in-kind provision of items, or other
assistance provided by each service to personnel to offset cost
of service dress uniforms.
(3) A comparison of the out-of-pocket cost for purchase and
maintenance of service and service dress uniforms over one,
five, 10, and 20-year periods.
(4) A description of service dress uniform changes directed
by any of the Armed Forces over the past 10 years that have
affected the out-of-pocket costs to members of the Armed Forces
and the costs associated with such change, by gender.
(5) Any other information that the Comptroller General
determines appropriate.
(c) Briefing and Report.--
(1) Briefing.--Not later than April 15, 2020, the
Comptroller General shall provide to the congressional defense
committees a briefing on the preliminary findings of the study
required under this section.
(2) Report.--Not later than September 30, 2020, the
Comptroller General shall submit to the congressional defense
committees a final report on the findings of such study.
SEC. 346. INSPECTOR GENERAL AUDIT OF CERTAIN COMMERCIAL DEPOT
MAINTENANCE CONTRACTS.
The Inspector General of the Department of Defense shall conduct an
audit of each military department and Defense Agency (as defined in
section 101 of title 10, United States Code), as applicable, to
determine if there has been any excess profit or cost escalation with
respect to any sole-source contracts relating to commercial depot
maintenance (including contracts for parts, supplies, equipment, and
maintenance services).
SEC. 347. REPORT ON PLAN TO DECONTAMINATE SITES FORMERLY USED BY THE
DEPARTMENT OF THE ARMY THAT HAVE SINCE BEEN TRANSFERRED
TO UNITS OF LOCAL GOVERNMENT AND ARE AFFECTED BY
POLLUTANTS THAT ARE, IN WHOLE OR IN PART, A RESULT OF
ACTIVITY BY THE DEPARTMENT OF DEFENSE.
(a) Findings.--Congress finds the following:
(1) There are numerous properties that were under the
jurisdiction of the Department of the Army, such as former Nike
missile sites, but that have been transferred to units of local
government.
(2) Many of these properties may remain polluted because of
activity by the Department of Defense.
(3) This pollution may inhibit the use of these properties
for commercial or residential purposes.
(b) Report Required.--The Secretary of the Army shall submit to the
appropriate congressional committees a report--
(1) specifying each covered property that may remain
polluted because of activity by the Department of Defense; and
(2) containing the Secretary's plan to decontaminate each
covered property.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the
Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Armed Services, the Committee
on Energy and Commerce, and the Committee on Natural
Resources of the House of Representatives.
(2) The term ``covered property'' means property that was
under the jurisdiction of the Department of the Army and was
transferred to a unit of local government before the date of
the enactment of section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980, but that would have triggered Federal Government notice
or action under that section had the transfer occurred on or
after that date.
Subtitle E--Other Matters
SEC. 351. INCLUSION OF OVER-THE-HORIZON RADARS IN EARLY OUTREACH
PROCEDURES.
Section 183a(c)(6) of title 10, United States Code, is amended by
striking ``or airport surveillance radar'' and inserting ``, airport
surveillance radar, or wide area surveillance over-the-horizon radar''.
SEC. 352. EXTENSION OF AUTHORITY FOR SECRETARY OF DEFENSE TO USE
DEPARTMENT OF DEFENSE REIMBURSEMENT RATE FOR
TRANSPORTATION SERVICES PROVIDED TO CERTAIN NON-
DEPARTMENT OF DEFENSE ENTITIES.
Section 2642(b) of title 10, United States Code, is amended by
striking ``October 1, 2019'' and inserting ``October 1, 2024''.
SEC. 353. EXPANDED TRANSFER AND ADOPTION OF MILITARY ANIMALS.
Section 2583 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the subsection heading, by inserting
``Transfer or'' before ``Adoption''; and
(B) by striking ``adoption'' each place it appears
and inserting ``transfer or adoption'';
(2) in subsection (b)--
(A) in the subsection heading, by inserting
``Transfer or'' before ``Adoption'';
(B) in the first sentence, by striking ``adoption''
and inserting ``transfer or adoption''; and
(C) in the second sentence, by striking
``adoptability'' and inserting ``transferability or
adoptability'';
(3) in subsection (c)(1)--
(A) in the matter preceding subparagraph (A), by
inserting ``transfer or'' before ``adoption'';
(B) in subparagraphs (A) and (B), by inserting
``adoption'' before ``by'';
(C) in subparagraph (B), by inserting ``or
organizations'' after ``persons''; and
(D) in subparagraph (C), by striking ``by'' and
inserting ``transfer to'';
(4) in subsection (e)--
(A) in the subsection heading, by inserting ``or
Adopted'' after ``Transferred'';
(B) in paragraphs (1) and (2), by striking
``transferred'' each place it appears and inserting
``transferred or adopted''; and
(C) in paragraph (2), by striking ``transfer'' each
place it appears and inserting ``transfer or
adoption'';
(5) in subsection (f)--
(A) in the subsection heading, by striking
``Transfer of Retired'' and inserting ``Transportation
of Retiring''; and
(B) in paragraph (1), by striking ``transfer'' and
inserting ``transport'';
(6) in subsection (g)(3), by striking ``adoption of
military working dogs'' and all that follows through the period
at the end and inserting ``transfer of military working dogs to
law enforcement agencies before the end of the dogs' useful
working lives.''; and
(7) in subsection (h)(2), by striking ``A horse'' and
inserting ``An equid (horse, mule, or donkey)''.
SEC. 354. EXTENSION OF AUTHORITY OF SECRETARY OF TRANSPORTATION TO
ISSUE NON-PREMIUM AVIATION INSURANCE.
Section 44310(b) of title 49, United States Code, is amended by
striking ``December 31, 2019'' and inserting ``September 30, 2022''.
SEC. 355. DEFENSE PERSONAL PROPERTY PROGRAM.
(a) Advisory Group.--
(1) Establishment.--There is established an advisory group
on the defense personal property program, to be known as the
``Global Household Relocation Services Advisory Committee''.
(2) Membership.--The advisory group shall be comprised of
15 members appointed from among individuals who represent
appropriate entities as follows:
(A) One member representing United States
Transportation Command appointed by the Commander of
United States Transportation Command.
(B) A flag or general officer of the Armed Forces
representing each of the Army, Navy, Air Force, Marine
Corps, and Coast Guard appointed by the Vice Chief of
Staff of the Army, Vice Chief of Naval Operations, Vice
Chief of Staff of the Air Force, the Assistant
Commandant of the Marine Corps, and Vice Commandant of
the Coast Guard, respectively.
(C) Four members representing appropriate
transportation service providers, including two small
business concerns, appointed by the Assistant Secretary
of Defense for Sustainment.
(D) Five members representing consumer
representatives who are members of the Armed Forces or
spouses of members of the Armed Forces, one of whom is
appointed by the senior non-commissioned officer of
each of the Army, Navy, Air Force, Marine Corps, and
Coast Guard.
(3) Meetings.--The advisory group shall convene regularly
to provide to the Secretary of Defense feedback on the
execution of, and any recommended changes to, the global
household goods contract.
(4) Reports.--
(A) Quarterly reports.--Not later than 30 days
after the last day of a fiscal quarter, the advisory
group shall submit to the congressional defense
committees a report on the activities and
recommendations of the advisory group during such
fiscal quarter.
(B) Termination of report requirement.--The
requirement to submit a report under subparagraph (A)
shall terminate on the termination date specified under
paragraph (5)(A).
(5) Termination.--The advisory group shall terminate on the
date that is five years after the date of the enactment of this
Act.
(b) Business Case Analysis.--Not later than 60 days after the date
of the enactment of this Act, the Commander of United States
Transportation Command shall prepare a business case analysis for the
proposed award of a global household goods contract for the defense
personal property program.
(c) Limitation.--
(1) In general.--None of the funds authorized to be
appropriated in this Act for fiscal year 2020 shall be
available to enter into a global household goods contract until
the date that is 30 days after later of the following dates:
(A) The date on which the Commander of United
States Transportation Command provides to the
congressional defense committees a briefing on--
(i) the business case analysis required by
subsection (b); and
(ii) the proposed structure and meeting
schedule for the advisory group established
under subsection (a).
(B) The date on which the Comptroller General of
the United States submits to the congressional defense
committees the report required by paragraph (2).
(2) GAO report.--Not later than February 15, 2020, the
Comptroller General of the United States shall submit to the
congressional defense committees a report on a comprehensive
study conducted by the Comptroller General that includes--
(A) an analysis of the effects that the outsourcing
of the management and oversight of the movement of
household goods to a private entity or entities would
have on members of the Armed Forces and their families;
(B) a comprehensive cost-benefit analysis; and
(C) recommendations for changes to the strategy of
the Department of Defense for the defense personal
property program.
(d) Definitions.--In this section:
(1) The term ``global household goods contract'' means the
solicitation managed by United States Transportation Command to
engage a private entity to manage the defense personal property
program.
(2) The term ``defense personal property program'' means
the Department of Defense program used to manage the shipment
of the baggage and household effects of members of the Armed
Forces under section 476 of title 37, United States Code.
SEC. 356. PUBLIC EVENTS ABOUT RED HILL BULK FUEL STORAGE FACILITY.
(a) Requirement.--At least once every calendar quarter, the
Secretary of the Navy, or the designee of the Secretary, shall hold an
event that is open to the public at which the Secretary shall provide
up-to-date information about the Red Hill Bulk Fuel Storage Facility.
(b) Termination.--The requirement to hold events under subsection
(a) shall terminate on the earlier of the following dates:
(1) September 30, 2025.
(2) The date on which the Red Hill Bulk Fuel Storage
Facility ceases operation.
SEC. 357. SENSE OF CONGRESS REGARDING INNOVATIVE READINESS TRAINING
PROGRAM.
It is the sense of Congress that--
(1) the Innovative Readiness Training program is an
effective training program for members of the Armed Forces and
is highly beneficial to civilian-military relationships with
local American communities;
(2) due to the geographic complexities and realities of
non-contiguous States and territories, Innovative Readiness
Training has lent greater benefit to such States and
territories while providing unique and realistic training
opportunities and deployment readiness for members of the Armed
Forces;
(3) the Department of Defense should pursue continued
Innovative Readiness Training opportunities, and, where
applicable, strongly encourage the use of Innovative Readiness
Training in non-contiguous States and territories; and
(4) in considering whether to recommend a project, the
Secretary should consider the benefits of the project to the
economy of a region damaged by natural disasters.
SEC. 358. PILOT PROGRAM ON REDUCTION OF EFFECTS OF MILITARY AVIATION
NOISE ON PRIVATE RESIDENCES.
(a) In General.--The Secretary of Defense shall carry out a five-
year pilot program under which the commander of a military installation
may provide funds for the purpose of installing noise insulation on
private residences impacted by military aviation noise from the
installation.
(b) Eligibility.--To be eligible to receive funds under the pilot
program, a recipient shall enter into an agreement with the commander
to--
(1) provide at least 50 percent of the funds required to
carry out the noise insulation; and
(2) ensure that the noise at any private residence where
insulation is installed is reduced by at least 5 dB.
(c) Use of Funds.--Funds provided under the pilot program shall be
used for the installation of noise insulation at a residence--
(1) located within a Department of Defense noise contour
between 65 dB day-night average sound level and 75 dB day-night
average sound level as validated on a National Environmental
Policy Act-compliant assessment within the past three years;
and
(2) where interior noise has been measured at 45 dB day-
night average sound level by the installation.
(d) Goals and Best Practices.--In carrying out the pilot program
under this section, a commander shall use the following goals and best
practices:
(1) Minimize cost in order to maximize number of homes
served.
(2) Focus efforts on residences newly impacted by increased
noise levels.
SEC. 359. COMPLETION OF DEPARTMENT OF DEFENSE DIRECTIVE 2310.07E
REGARDING MISSING PERSONS.
(a) In General.--The Secretary of Defense shall make the completion
of Department of Defense Directive 2310.07E a top priority in order to
improve the efficiency of locating missing persons.
(b) Definition.--In this section, the term ``missing person'' has
the meaning given such term in section 1513 of title 10, United States
Code.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
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, 2020, as follows:
(1) The Army, 480,000.
(2) The Navy, 340,500.
(3) The Marine Corps, 186,200.
(4) The Air Force, 332,800.
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, 480,000.
``(2) For the Navy, 340,500.
``(3) For the Marine Corps, 186,200.
``(4) For the Air Force, 332,800.''.
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, 2020, as follows:
(1) The Army National Guard of the United States, 336,000.
(2) The Army Reserve, 189,500.
(3) The Navy Reserve, 59,000.
(4) The Marine Corps Reserve, 38,500.
(5) The Air National Guard of the United States, 107,700.
(6) The Air Force Reserve, 70,100.
(7) The Coast Guard Reserve, 7,000.
(b) End Strength Reductions.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve component shall
be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component which
are on active duty (other than for training) at the end of the
fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual members
of the Selected Reserve of any reserve component are released from
active duty during any fiscal year, the end strength prescribed for
such fiscal year for the Selected Reserve of such reserve component
shall be increased proportionately by the total authorized strengths of
such units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE
RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2020, 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, 16,511.
(3) The Navy Reserve, 10,155.
(4) The Marine Corps Reserve, 2,386.
(5) The Air National Guard of the United States, 22,637.
(6) The Air Force Reserve, 4,431.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
(a) In General.--The minimum number of military technicians (dual
status) as of the last day of fiscal year 2020 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,
13,573.
(4) For the Air Force Reserve, 8,848.
(b) Limitation.--Under no circumstances may a military technician
(dual status) employed under the authority of this section be coerced
by a State into accepting an offer of realignment or conversion to any
other military status, including as a member of the Active, Guard, and
Reserve program of a reserve component. If a military technician (dual
status) declines to participate in such realignment or conversion, no
further action will be taken against the individual or the individual's
position.
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON
ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2020, 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 2020 for the use of the Armed Forces
and other activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for military personnel, as
specified in the funding table in section 4401.
(b) Construction of Authorization.--The authorization of
appropriations in the subsection (a) supersedes any other authorization
of appropriations (definite or indefinite) for such purpose for fiscal
year 2020.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. MANAGEMENT POLICIES FOR JOINT QUALIFIED OFFICERS.
Section 661(d)(3)(B) of title 10, United States Code, is amended in
the third sentence by inserting ``or a designee of the Chairman who is
an officer of the armed forces in grade O-8 or higher'' before the
period.
SEC. 502. GRADE OF CHIEF OF THE VETERINARY CORPS OF THE ARMY.
Section 7084 of title 10, United States Code, is amended by adding
at the end the following: ``An officer appointed to that position who
holds a lower grade shall be appointed in the grade of brigadier
general.''.
SEC. 503. AUTHORITY OF PROMOTION BOARDS TO RECOMMEND THAT OFFICERS OF
PARTICULAR MERIT BE PLACED HIGHER ON PROMOTION LIST.
(a) In General.--Section 14108 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(f) Higher Placement of Officers of Particular Merit on Promotion
List.--(1) In selecting officers to be recommended for promotion, a
promotion board may, when authorized by the Secretary concerned,
recommend that officers of particular merit, from among those officers
selected for promotion, be placed higher on the promotion list
established by the Secretary under section 14308(a) of this title.
``(2) A promotion board may make a recommendation under paragraph
(1) only if an officer receives the recommendation of--
``(A) a majority of the members of the promotion board; or
``(B) an alternative requirement established by the
Secretary concerned and furnished to the promotion board as
part of the guidelines under section 14107 of this title.
``(3) For officers who receive recommendations under paragraph (1),
the board shall recommend the order in which those officers should be
placed on the promotion list.''.
(b) Reports Regarding Recommendations That Officers of Particular
Merit Be Placed Higher on Promotion List.--Section 14109 of such title
is amended by adding at the end the following new subsection:
``(d) Report of Officers Recommended for Higher Placement on
Promotion List.--A promotion board convened under section 14101(a) of
this title shall, when authorized under section 14108(f) of this title,
include in its report to the Secretary concerned--
``(1) the names of those officers the promotion board
recommends be placed higher on the promotion list; and
``(2) the order in which the promotion board recommends
those officers should be placed on the promotion list.''.
(c) Officers of Particular Merit Appearing Higher on Promotion
List.--Section 14308(a) of such title is amended in the first sentence
by inserting ``or based on particular merit, as determined by the
promotion board'' before the period.
SEC. 504. AVAILABILITY ON THE INTERNET OF CERTAIN INFORMATION ABOUT
OFFICERS SERVING IN GENERAL OR FLAG OFFICER GRADES.
(a) Availability Required.--
(1) In general.--The Secretary of each military department
shall make available on an internet website of such department
available to the public information specified in paragraph (2)
on each officer in a general or flag officer grade under the
jurisdiction of such Secretary, including any such officer on
the reserve active-status list.
(2) Information.--The information on an officer specified
by this paragraph to be made available pursuant to paragraph
(1) is the information as follows:
(A) The officer's name.
(B) The officer's current grade, duty position,
command or organization, and location of assignment.
(C) A summary list of the officer's past duty
assignments while serving in a general or flag officer
grade.
(b) Additional Public Notice on Certain Officers.--Whenever an
officer in a grade of O-7 or above is assigned to a new billet or
reassigned from a current billet, the Secretary of the military
department having jurisdiction of such officer shall make available on
an internet website of such department available to the public a notice
of such assignment or reassignment.
(c) Limitation on Withholding of Certain Information or Notice.--
(1) Limitation.--The Secretary of a military department may
not withhold the information or notice specified in subsections
(a) and (b) from public availability pursuant to subsection
(a), unless and until the Secretary notifies the Committees on
Armed Services of the Senate and House of Representatives in
writing of the information or notice that will be so withheld,
together with justification for withholding the information or
notice from public availability.
(2) Limited duration of withholding.--The Secretary
concerned may withhold from the public under paragraph (1)
information or notice on an officer only on the basis of
individual risk or national security, and may continue to
withhold such information or notice only for so long as the
basis for withholding remains in force.
SEC. 505. REPORT ON RATE OF MATERNAL MORTALITY AMONG MEMBERS OF THE
ARMED FORCES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense, and with respect to members of the Coast
Guard, the Secretary of the Department in which the Coast Guard is
operating when it is not operating as a service in the Navy, shall
submit to Congress a report on the rate of maternal mortality among
members of the Armed Forces and the dependents of such members.
SEC. 506. FUNCTIONAL BADGE OR INSIGNIA UPON COMMISSION FOR CHAPLAINS.
A military chaplain shall receive a functional badge or insignia
upon commission.
Subtitle B--Reserve Component Management
SEC. 511. GRADE OF CERTAIN CHIEFS OF RESERVE COMPONENTS.
(a) In General.--
(1) Chief of army reserve.--Section 7038(b)(1) of title 10,
United States Code, is amended by striking ``general officers
of the Army Reserve'' and inserting ``officers of the Army
Reserve in the grade of lieutenant general and''.
(2) Chief of navy reserve.--Section 8083(b)(1) of such
title is amended by striking ``flag officers of the Navy (as
defined in section 8001(1))'' and inserting ``officers of the
Navy Reserve in the grade of vice admiral and''.
(3) Commander, marine forces reserve.--Section 8084(b)(1)
of such title is amended by striking ``general officers of the
Marine Corps (as defined in section 8001(2))'' and inserting
``officers of the Marine Corps Reserve in the grade of
lieutenant general and''.
(4) Chief of air force reserve.--Section 9038(b)(1) of such
title is amended by striking ``general officers of the Air
Force Reserve'' and inserting ``officers of the Air Force
Reserve in the grade of lieutenant general and''.
(b) Effective Date.--The amendments made under subsection (a) shall
take effect on the date that is one year after the date of the
enactment of this Act and shall apply to appointments made after such
date.
SEC. 512. AUTHORITY TO DEFER MANDATORY SEPARATION AT AGE 68 OF OFFICERS
IN MEDICAL SPECIALTIES IN THE RESERVE COMPONENTS.
Section 14703(b) of title 10, United States Code, is amended--
(1) by striking ``An'' and inserting ``(1) Subject to
paragraph (2), an''; and
(2) by adding at the end the following new paragraph (2):
``(2) The Secretary concerned may, with the consent of the officer,
retain in an active status an officer in a medical specialty described
in subsection (a) beyond the date described in paragraph (1) of this
subsection if the Secretary concerned determines that such retention is
necessary to the military department concerned. Each such retention
shall be made on a case-by-case basis and for such period as the
Secretary concerned determines appropriate.''.
SEC. 513. REPEAL OF REQUIREMENT FOR REVIEW OF CERTAIN ARMY RESERVE
OFFICER UNIT VACANCY PROMOTIONS BY COMMANDERS OF
ASSOCIATED ACTIVE DUTY UNITS.
Section 1113 of the Army National Guard Combat Readiness Reform Act
of 1992 (Public Law 102-484; 10 U.S.C. 10105 note) is repealed.
SEC. 514. GUIDANCE FOR USE OF UNMANNED AIRCRAFT SYSTEMS BY THE NATIONAL
GUARD.
(a) New Guidance.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall issue new
guidance that treats the use of unmanned aircraft systems by the
National Guard for covered activities in a manner no more restrictive
than the use of other aircraft for covered activities.
(b) Covered Activities Defined.--In this section, ``covered
activities'' means the following:
(1) Emergency operations.
(2) Search and rescue operations.
(3) Defense support to civil authorities.
(4) Support under section 502(f) of title 32, United States
Code.
SEC. 515. JUNIOR RESERVE OFFICERS' TRAINING CORPS.
(a) In General.--Section 2031(b)(3) of title 10, United States
Code, is amended by inserting ``and which may include instruction or
activities in the fields of science, technology, engineering, and
mathematics'' after ``duration''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect 180 days after the date of the enactment of this Act.
SEC. 516. JROTC COMPUTER SCIENCE AND CYBERSECURITY PROGRAM.
Chapter 102 of title 10, United States Code, is amended by adding
at the end the following new section:
``Sec. 2036. Computer science and cybersecurity program
``(a) Program Authorized.--The Secretary of Defense may carry out a
program to enhance the preparation of students in the Junior Reserve
Officers' Training Corps for careers in computer science and
cybersecurity.
``(b) Coordination.--In carrying out the program, the Secretary
shall coordinate with the following:
``(1) The Secretaries of the military departments.
``(2) The Secretary of Education.
``(3) The National Science Foundation.
``(4) The heads of such other Federal, State, and local
government entities the Secretary of Defense determines
appropriate.
``(5) Private sector organizations, including workforce
development organizations, the Secretary of Defense determines
appropriate.
``(c) Activities.--Activities under the program may include the
following:
``(1) Establishment of targeted internships and cooperative
research opportunities in computer science and cybersecurity at
defense laboratories and other technical centers for students
in and instructors of the Junior Reserve Officers' Training
Corps.
``(2) Funding for training and other supports for
instructors to teach evidence-based courses in computer science
and cybersecurity to students.
``(3) Efforts and activities that improve the quality of
cybersecurity and computer science educational, training
opportunities, and curricula for students and instructors.
``(4) Development of travel opportunities, demonstrations,
mentoring programs, and informal computer science and
cybersecurity education for students and instructors.
``(d) Metrics.--The Secretary shall establish outcome-based metrics
and internal and external assessments to evaluate the merits and
benefits of activities conducted under the program with respect to the
needs of the Department of Defense.
``(e) Authorities.--In carrying out the program, the Secretary
shall, to the maximum extent practicable, make use of the authorities
under section 2193b, chapter 111, and sections 2601, 2605, and 2374a of
this title, section 219 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 10 U.S.C.
2358 note), and other authorities the Secretary determines appropriate.
``(f) Report.--Not later than two years after the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2020, the Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on activities
carried out under the program.''.
SEC. 517. PROGRAMS OF SCHOLARSHIPS FOR MEMBERS OF JUNIOR RESERVE
OFFICERS' TRAINING CORPS UNITS TOWARD OBTAINING PRIVATE
PILOT'S CERTIFICATES.
(a) Programs Authorized.--Each Secretary of a military department
may carry out a program to award scholarships to qualified members of
units of the Junior Reserve Officers' Training Corps under the
jurisdiction of such Secretary to assist such members in obtaining a
private pilot's certificate through an institution of higher education
with an accredited aviation program that is approved by such Secretary
pursuant to subsection (c).
(b) Member Qualifications.--
(1) In general.--In carrying out a program under subsection
(a), the Secretary of a military department shall prescribe the
standards to be met by members of units of the Junior Reserve
Officers' Training Corps under the jurisdiction of such
Secretary to be eligible for the award of a scholarship under
the program.
(2) Uniformity across military departments.--To the extent
practicable, the standards prescribed under this subsection
shall be uniform across the military departments.
(c) Approved Institutions of Higher Education.--
(1) In general.--In carrying out a program under subsection
(a), the Secretary of a military department shall maintain a
list of institutions of higher education (as that term is
defined in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001)) at which a scholarship awarded under the program
may be used toward obtaining a private pilot's certificate.
(2) Qualifications and standards.--Any institution of
higher education included on a list under this subsection, and
any course of instruction toward obtaining a private pilot's
certificate offered by such institution, shall meet such
qualifications and standards as the Secretary shall prescribe
for purposes of the program. Such qualifications and standards
shall include a requirement that any institution included on
the list award academic credit at such institution to any
member awarded a scholarship under the program for work
(whether or not fully completed) on the ground school course of
instruction of such institution in connection with obtaining a
private pilot's certificate.
(d) Scholarship.--
(1) Amount.--The amount of the scholarship awarded a member
of a Junior Reserve Officers' Training Corps under a program
under subsection (a) shall be such amount as the Secretary of
the military department concerned considers appropriate to
defray, whether in whole or in part, the charges and fees of a
course of instruction toward obtaining a private pilot's
certificate offered by the institution of higher education to
be attended by the member in obtaining the certificate.
(2) Use.--A scholarship awarded a member under a program
may be used by the member only to defray the charges and fees
of an institution of higher education for a course of
instruction toward obtaining a private pilot's certificate.
(3) Maintenance of membership.--A scholarship awarded an
individual under a program may be used by the individual only
while the individual maintains membership in a unit of a Junior
Reserve Officers' Training Corps.
(e) Annual Reports on Programs.--
(1) In general.--Not later than February 28, 2021, and each
year thereafter, each Secretary of a military department shall
submit to Congress a report on the program, if any, carried out
by such Secretary during the preceding calendar year.
(2) Elements.--Each report under paragraph (1) shall
include, for the program and year covered by such report, the
following:
(A) The number of scholarships awarded.
(B) The total amount of scholarships awarded.
(C) The work undertaken through such scholarships,
including the number of recipients who fully completed
a ground school course of instruction in connection
with obtaining a private pilot's certificate.
(f) Assessment of Related Pilot Program.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a report setting forth the results of an
assessment, conducted by the study group described in paragraph
(2) for purposes of the report, of the pilot program conducted
by the Air Force in 2018 and 2019 known as the ``Air Force
JROTC Flight Academy, Chief of Staff Private Pilot Scholarship
Program''.
(2) Study group.--The study group described in this
paragraph shall include the following:
(A) A representative of the Department of Defense,
selected by the Secretary of Defense.
(B) A representative of the headquarters of the Air
Force Junior Reserve Officers' Training Corps with
experience with the pilot program, selected by the
Secretary of the Air Force.
(C) In addition to the representative under
subparagraph (B), a representative of each military
department, selected by the Secretary of such military
department.
(D) A representative of the Department of
Transportation, selected by the Secretary of
Transportation.
(E) A representative of the Department of
Education, selected by the Secretary of Education.
(F) Representatives of such private organizations
and entities as the Secretary of Defense considers
appropriate.
(3) Elements.--The assessment required by paragraph (1)
shall identify best practices in assisting members of the
Junior Reserve Officers' Training Corps in obtaining a private
pilot's certificate through institutions of higher education,
including the most appropriate funding mechanisms for such
practices.
SEC. 518. SENSE OF CONGRESS REGARDING JUNIOR RESERVE OFFICERS' TRAINING
CORPS.
It is the sense of Congress that--
(1) the Junior Reserve Officers' Training Corps (referred
to in this section as ``JROTC'') contributes to an enhanced
sense of pride in our Nation and in the members of the Armed
Forces who serve;
(2) JROTC develops a culture dedicated to service of our
great land and reinforces duty, honor and courage;
(3) the Nation has been steadily depending on a smaller and
smaller minority of the population to fight its wars and
protect its borders;
(4) this dwindling population risks the long-term security
of our Nation and the freedoms it provides;
(5) JROTC operates in all 50 States and contributes to
better grades and graduation rates; and
(6) JROTC was supported in the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232) and should be increased in fiscal year 2020, including at
least 3,700 JROTC units nationwide.
SEC. 519. SENSE OF CONGRESS REGARDING THE NATIONAL GUARD YOUTH
CHALLENGE PROGRAM.
It is the sense of Congress that--
(1) the National Guard Youth Challenge Program provides a
vital service to at-risk youth by providing life-changing
mentorship, developing self-discipline, and providing education
in valuable skills; and
(2) the Secretary of Defense should use the authority
provided under section 509(h)(2) of title 32, United States
Code, to allow Department of Defense equipment and facilities
to be used by the National Guard to maximize the support of the
Department for the Youth Challenge Program.
SEC. 520. PILOT PROGRAM ON THE JUNIOR RESERVE OFFICERS' TRAINING CORPS
PROGRAM AT LUCY GARRETT BECKHAM HIGH SCHOOL, CHARLESTON
COUNTY, SOUTH CAROLINA.
(a) In General.--The Secretary of the department in which the Coast
Guard is operating may carry out a pilot program to establish and
maintain a Junior Reserve Officers' Training Corps (JROTC) program unit
in cooperation with Lucy Garrett Beckham High School, Charleston
County, South Carolina.
(b) Program Requirements.--The pilot program carried out by the
Secretary under this section shall provide to students at Lucy Garrett
Beckham High School--
(1) instruction in subject areas relating to operations of
the Coast Guard; and
(2) training in skills which are useful and appropriate for
a career in the Coast Guard.
(c) Provision of Additional Support.--In carrying out the pilot
program under this section, the Secretary may provide to Lucy Garrett
Beckham High School--
(1) assistance in course development, instruction, and
other support activities; and
(2) necessary and appropriate course materials, equipment,
and uniforms.
(d) Employment of Retired Coast Guard Personnel.--
(1) In general.--Subject to paragraph (2), the Secretary
may authorize the Lucy Garrett Beckham High School to employ,
as administrators and instructors for the pilot program,
retired Coast Guard and Coast Guard Reserve commissioned,
warrant, and petty officers not on active duty who request that
employment and who are approved by the Secretary and Lucy
Garrett Beckham High School.
(2) Authorized pay.--
(A) In general.--Retired members employed under
paragraph (1) are entitled to receive their retired or
retainer pay and an additional amount of not more than
the difference between--
(i) the amount the individual would be paid
as pay and allowance if the individual was
considered to have been ordered to active duty
during the period of employment; and
(ii) the amount of retired pay the
individual is entitled to receive during that
period.
(B) Payment to school.--The Secretary shall pay to
Lucy Garrett Beckham High School an amount equal to
one-half of the amount described in subparagraph (A),
from funds appropriated for such purpose.
(3) Employment not active-duty or inactive-duty training.--
Notwithstanding any other provision of law, while employed
under this subsection, an individual is not considered to be on
active-duty or inactive-duty training.
SEC. 520A. JUNIOR RESERVE OFFICERS' TRAINING CORPS THRESHOLD.
Section 2031(b)(1) of title 10, United States Code, is amended by
striking ``8th grade'' each place it appears and inserting ``7th
grade''.
SEC. 520B. INCLUSION OF HOMESCHOOLED STUDENTS IN JUNIOR RESERVE
OFFICER'S TRAINING CORPS UNITS.
Section 2031 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(g)(1) Each public secondary educational institution that
maintains a unit under this section shall permit membership in the unit
to homeschooled students residing in the area served by the institution
who are qualified for membership in the unit (but for lack of
enrollment in the institution).
``(2) A student who is a member of a unit pursuant to this
subsection shall count toward the satisfaction by the institution
concerned of the requirement in subsection (b)(1) relating to the
minimum number of student members in the unit necessary for the
continuing maintenance of the unit.''.
SEC. 520C. REPORT ON NATIONAL GUARD AND UNITED STATES NORTHERN COMMAND
CAPACITY TO MEET HOMELAND DEFENSE AND SECURITY INCIDENTS.
Not later than September 30, 2020, the Chief of the National Guard
Bureau shall, in consultation with the Commander of United States
Northern Command, submit to the congressional defense committees a
report setting forth the following:
(1) A clarification of the roles and missions, structure,
capabilities, and training of the National Guard and the United
States Northern Command, and an identification of emerging gaps
and shortfalls in light of current homeland security threats to
our country.
(2) A list of the resources that each State and Territory
National Guard has at its disposal that are available to
respond to a homeland defense or security incident, with
particular focus on a multi-State electromagnetic pulse event.
(3) The readiness and resourcing status of forces listed
pursuant to paragraph (2).
(4) The current strengths and areas of improvement in
working with State and Federal interagency partners.
(5) The current assessments that address National Guard
readiness and resourcing of regular United States Northern
Command forces postured to respond to homeland defense and
security incidents.
(6) A roadmap to 2040 that addresses readiness across the
spectrum of long-range emerging threats facing the United
States.
SEC. 520D. NATIONAL GUARD SUPPORT TO MAJOR DISASTERS.
Section 502(f) of title 32, United States Code, is amended--
(1) in paragraph (2), by adding at the end the following:
``(C) Operations or missions authorized by the President or
the Secretary of Defense to support large scale, complex,
catastrophic disasters, as defined by section 311(3) of title
6, United States Code, at the request of a State governor.'';
and
(2) by adding at the end the following:
``(4) With respect to operations or missions described
under paragraph (2)(C), there is authorized to be appropriated
to the Secretary of Defense such sums as may be necessary to
carry out such operations and missions, but only if--
``(A) an emergency has been declared by the
governor of the applicable State; and
``(B) the President has declared the emergency to
be a major disaster for the purposes of the Robert T.
Stafford Disaster Relief and Emergency Assistance
Act.''.
SEC. 520E. REPORT ON METHODS TO ENHANCE DOMESTIC RESPONSE TO LARGE
SCALE, COMPLEX AND CATASTROPHIC DISASTERS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation and
coordination with the Federal Emergency Management Agency, the National
Security Council, the Council of Governors, and the National Governors
Association, shall submit to the congressional defense, the Committee
on Homeland Security of the House of Representatives, and the Committee
on Homeland Security and Governmental Affairs of the Senate a report on
their plan to establish policy and processes to implement the authority
provided by the amendments made by section 520. The report shall
include a detailed examination of the policy framework consistent with
existing authorities, identify major statutory or policy impediments to
implementation, and make recommendations for legislation as
appropriate.
(b) Contents.--The report submitted under paragraph (1) shall
include a description of--
(1) the current policy and processes whereby governors can
request activation of the National Guard under title 32, United
States Code, as part of the response to large scale, complex,
catastrophic disasters that are supported by the Federal
Government and, if no formal process exists in policy, the
Secretary of Defense shall provide a timeline and plan to
establish such a policy, including consultation with the
Council of Governors and the National Governors Association;
(2) the Secretary of Defense's assessment, informed by
consultation with the Federal Emergency Management Agency, the
National Security Council, the Council of Governors, and the
National Governors Association, regarding the sufficiency of
current authorities for the reimbursement of National Guard and
Reserve manpower during large scale, complex, catastrophic
disasters under title 10 and title 32, United States Code, and
specifically whether reimbursement authorities are sufficient
to ensure that military training and readiness are not degraded
to fund disaster response, or invoking them degrades the
effectiveness of the Disaster Relief Fund;
(3) the Department of Defense's plan to ensure there is
parallel and consistent policy in the application of the
authorities granted under section 12304a of title 10, United
States Code, and section 502(f) of title 32, United States
Code, including--
(A) a description of the disparities between
benefits and protections under Federal law versus State
active duty;
(B) recommended solutions to achieve parity at the
Federal level; and
(C) recommended changes at the State level, if
appropriate;
(4) the Department of Defense's plan to ensure there is
parity of benefits and protections for military members
employed as part of the response to large scale, complex,
catastrophic disasters under title 32 or title 10, United
States Code, and recommendations for addressing shortfalls; and
(5) a review, by the Federal Emergency Management Agency,
of the current policy for, and an assessment of the sufficiency
of, reimbursement authority for the use of all National Guard
and Reserve, both to the Department of Defense and to the
States, during large scale, complex, catastrophic disasters,
including any policy and legal limitations, and cost assessment
impact on Federal funding.
SEC. 520F. REPORT REGARDING NATIONAL GUARD YOUTH CHALLENGE PROGRAM.
Not later than December 31, 2020, the Secretary of Defense shall
submit a report to the congressional defense committees regarding the
resources and authorities the Secretary determines necessary to
identify the effects of the National Guard Youth Challenge Program on
graduates of that program during the five years immediately preceding
the date of the report. Such resources shall include the costs of
identifying such effects beyond the 12-month, post-residential
mentoring period of that program.
SEC. 520G. PERMANENT EXTENSION OF SUICIDE PREVENTION AND RESILIENCE
PROGRAM FOR THE RESERVE COMPONENTS.
Strike subsection (g) of section 10219 of title 10, United States
Code.
SEC. 520H. TEMPORARY AUTHORITY TO USE AIR FORCE RESERVE COMPONENT
PERSONNEL TO PROVIDE TRAINING AND INSTRUCTION REGARDING
PILOT TRAINING.
(a) Authority.--
(1) In general.--During fiscal year 2020, the Secretary of
the Air Force may authorize personnel described in paragraph
(2) to provide training and instruction regarding pilot
training to the following:
(A) Members of the Armed Forces on active duty.
(B) Members of foreign military forces who are in
the United States.
(2) Personnel.--The personnel described in this paragraph
are the following:
(A) Members of the reserve components of the Air
Force on active Guard and Reserve duty (as that term is
defined in section 101(d) of title 10, United States
Code) who are not otherwise authorized to conduct the
training described in paragraph (1) due to the
limitations in section 12310 of title 10, United States
Code.
(B) Members of the Air Force who are military
technicians (dual status) who are not otherwise
authorized to conduct the training described in
paragraph (1) due to the limitations in section 10216
of title 10, United States Code, and section 709(a) of
title 32, United States Code.
(3) Limitation.--Not more than 50 members described in
paragraph (2) may provide training and instruction under the
authority in paragraph (1) at any one time.
(4) Federal tort claims act.--Members of the uniformed
services described in paragraph (2) who provide training and
instruction pursuant to the authority in paragraph (1) shall be
covered by the Federal Tort Claims Act for purposes of any
claim arising from the employment of such individuals under
that authority.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Air Force shall submit to
the Committees on Armed Services of the Senate and the House of
Representatives a report setting forth a plan to eliminate shortages in
the number of pilot instructors within the Air Force using authorities
available to the Secretary under current law.
Subtitle C--General Service Authorities and Correction of Military
Records
SEC. 521. ESTABLISHMENT OF BOARD OF APPEALS REGARDING DENIED REQUESTS
FOR UPGRADED DISCHARGES AND DISMISSALS.
(a) Establishment.--Chapter 79 of title 10, United States Code, is
amended by inserting after section 1553 the following new section
1553a:
``Sec. 1553a. Board of Discharge Appeals
``(a) Establishment.--(1) The Secretary of Defense shall establish
a Board of Discharge Appeals to hear appeals of requests for upgraded
discharges and dismissals under section 1553 of this title that are
denied by the service review agencies.
``(2) The Board of Discharge Appeals shall consist of not fewer
than three members appointed by the Secretary.
``(b) Appeal.--(1) Upon the request of an appellant, the Board of
Discharge Appeals shall review the findings and decisions of a service
review agency regarding the review of the discharge or dismissal of the
appellant.
``(2) The Board of Discharge Appeals may direct the Secretary of
the military department concerned to change the discharge or dismissal
of an appellant, or issue a new discharge for an appellant, to reflect
its findings.
``(c) Definitions.--In this section:
``(1) The term `appellant' means a former member of the
armed forces (or if the former member is dead, the surviving
spouse, next of kin, or legal representative of the former
member) whose request for an upgraded discharge or dismissal
was denied by a service review agency.
``(2) The term `service review agency' has the meaning
given that term in section 1555 of this title.''.
(b) Technical and Conforming Amendments.--
(1) Table of sections.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1553 the following new item:
``1553a. Board of Discharge Appeals.''.
(2) Conforming amendment.--Section 1553(b) of title 10,
United States Code, is amended--
(A) by inserting ``(1)'' before ``A board''; and
(B) by adding at the end the following new
paragraph:
``(2) If a board of review established by the Secretary of a
military department denies a request for an upgraded discharge or
dismissal, that denial may be appealed to the Board of Discharge
Appeals under section 1553a of this title.''.
(c) Deadline.--The Secretary of Defense shall establish and
implement the Board of Discharge Appeals under such section 1553a of
title 10, United States Code, as added by subsection (a), not later
than September 30, 2020.
(d) Training.--Each member of the Board of Discharge Appeals
established under such section 1553a shall receive training under
section 534(c) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 1552 note).
(e) Reporting.--
(1) Report.--Not later than April 1, 2021, the Secretary of
Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report regarding the
Board of Discharge Appeals established under such section
1553a. The report shall include, with respect to appeals heard
by the Board of Discharge Appeals since implementation, the
following:
(A) The number of appeals heard.
(B) The number of appeals granted.
(C) The number of appeals denied, including the
reasons for such denials.
(D) A summary of any differences between reviews
under section 1553 of title 10, United States Code, and
appeals under section 1553a of such title.
(2) Online publication.--On October 1 of each year starting
in 2022, the Secretary shall publish online the information
described in subparagraphs (A), (B), and (C) of paragraph (1)
with regards to the preceding fiscal year.
SEC. 522. PROHIBITION ON REDUCTION IN THE NUMBER OF PERSONNEL ASSIGNED
TO DUTY WITH A SERVICE REVIEW AGENCY.
(a) Prohibition.--Section 1559(a) of title 10, United States Code,
is amended--
(1) by striking ``December 31, 2019'' and inserting
``December 31, 2025'';
(2) by striking ``that agency until--'' and inserting
``that agency.''; and
(3) by striking subsections (1) and (2).
(b) Report.--
(1) Report required.--Not later than 180 days after the
enactment of this Act, the Secretary of each military
department shall submit a report to the Committees on Armed
Services of the Senate and House of Representatives that
details a plan to--
(A) reduce the backlog of applications before the
service review agency of the military department
concerned; and
(B) maintain the resources required to meet the
timeliness standards for disposition of applications
before the Corrections Boards under section 1557 of
title 10, United States Code, not later than October 1,
2021.
(2) Elements.--Each report under this subsection shall
include the following:
(A) A description of the current backlog of
applications before the service review agency of the
military department concerned.
(B) The number of personnel required to meet the
deadline described in paragraph (1)(B).
(C) The plan of the Secretary concerned to
modernize the application and review system of the
service review agency of the military department
concerned.
SEC. 523. ADVISORY COMMITTEE ON RECORD AND SERVICE REVIEW BOARDS.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall establish a
Department of Defense Advisory Committee to be known as the ``Defense
Advisory Committee on Record and Upgrade Review Boards'' (in this
section referred to as the ``Advisory Committee'').
(b) Membership.--
(1) In general.--The Advisory Committee shall consist of
not more than 15 members appointed by the Secretary of Defense,
eight of whom shall be civilian practitioners or
representatives of organizations that have experience assisting
members of the Armed Forces and veterans with cases before
service review boards (as that term is defined in section 1555
of title 10, United States Code).
(2) Members of the armed forces on active duty
ineligible.--A member of the Armed Forces serving on active
duty may not serve as a member of the Advisory Committee.
(c) Personnel.--
(1) Experience required.--At least 35 percent of members of
the staff of the Advisory Committee shall have experience
described in subsection (b)(1).
(2) Director; assistant director.--The director and
assistant director of the Advisory Committee may not both be
members of the Armed Forces serving on active duty.
(3) Staff.--Not more than 65 percent of the staff of the
Advisory Committee may be comprised of members of the Armed
Forces serving on active duty.
(d) Duties.--The Advisory Committee shall advise the Secretary of
Defense on the best structure, practices, and procedures to ensure
consistency of boards for the correction of military records and
service review boards in carrying out their responsibilities under
chapter 79 of title 10, United States Code, and in granting relief to
claimants under that chapter.
(e) Annual Report.--Not later than one year after the date of the
establishment of the Advisory Committee and annually thereafter for the
three subsequent years, the Advisory Committee shall submit to the
Secretary of Defense and the congressional defense committees a report
containing observations and recommendations regarding issues of board
operations and efficacy, including--
(1) granting relief at adequate rates;
(2) adhering to the intent of Congress, including regarding
liberal consideration;
(3) standards for evidence, training experience and
qualifications of board members;
(4) efficacy of efforts to ensure consistency across
boards;
(5) case management and record keeping systems, including
electronic access to board precedents;
(6) ease of personal appearances by claimants;
(7) expert review of medical and psychiatric cases; and
(8) related potential structural changes or alternative
board models.
(f) Termination.--The Advisory Committee shall terminate on the
date that is four years after the date of establishment under
subsection (a).
(g) Authorities.--The Advisory Committee shall have all normal
authorities granted to advisory committees, including the ability for
staff to request documents from the Department of Defense, hold public
hearings, and travel in furtherance of the board mandate. The board
shall also be permitted, with assistance from personnel of the
Department of Defense, to administer surveys and conduct field
experiments to assess the viability of different policy options
considered in the course of the activities of the Advisory Committee.
SEC. 524. TIME REQUIREMENTS FOR CERTIFICATION OF HONORABLE SERVICE.
Upon the submission to the Secretary of a military department or a
designated commissioned officer serving in the pay grade O-6 or higher
by a member of the Armed Forces of a completed United States
Citizenship and Immigration Services Form N-426, the Secretary or the
Officer shall--
(1) in the case of a member of the Armed Forces who has
served or is serving honorably on active duty, provide
certification that the nature of the member's service has been
honorable by not later than five days from receiving the form;
(2) in the case of a member of the Armed Forces who has
served or is serving honorably in a Reserve Component of the
Armed Forces, provide such certification by not later than
three weeks from receiving the form; and
(3) in the case of a member of the Armed Forces whose
service has been other than honorable, provide to the member
notice that a certification of honorable service will not be
provided and justification for why such certification will not
be provided--
(A) in the case of a member who has served or is
serving on active duty, by not later than five days
from receiving the form; and
(B) in the case of a member who has served or is
serving in a Reserve Component, by not later than three
weeks from receiving the form.
SEC. 525. PROHIBITION ON IMPLEMENTATION OF MILITARY SERVICE SUITABILITY
DETERMINATIONS FOR FOREIGN NATIONALS WHO ARE LAWFUL
PERMANENT RESIDENTS.
The Secretary of Defense may not take any action to implement the
memorandum titled ``Military Service Suitability Determinations for
Foreign Nationals Who Are Lawful Permanent Residents'', issued by the
Secretary and dated October 13, 2017, until the Secretary reports to
the congressional defense committees the justification for the policy
changes required by such memorandum.
SEC. 526. STRATEGIC PLAN FOR DIVERSITY AND INCLUSION.
(a) Plan Required.--The Secretary of Defense shall design and
implement a five-year strategic plan for diversity and inclusion in the
Department of Defense.
(b) Elements.--The strategic plan under this section--
(1) shall be based on the strategic plan established under
section 2 of Executive Order No. 13583 (3 Fed. Reg. 13583
(August 18, 2011));
(2) shall incorporate existing efforts to promote diversity
and inclusion within the Department; and
(3) may not conflict with the objectives of the 2018
National Military Strategy.
(c) Deadline.--The Secretary shall implement the strategic plan
under this section on January 1, 2020.
SEC. 527. INDEPENDENT STUDY ON BARRIERS TO ENTRY INTO THE ARMED FORCES
FOR ENGLISH LEARNERS.
(a) Independent Study.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall seek to seek
to enter into a contract with a federally funded research and
development center under which the center will conduct a study on
barriers to entry into the Armed Forces for English learners.
(b) Elements.--The study under subsection (a) shall--
(1) identify barriers to entry into the Armed Forces for
English learners, including--
(A) challenges with military recruiters and
language proficiency;
(B) challenges with the assessment of potential
recruits, including the construction and delivery of
and testing time constraints related to the Armed
Services Vocational Aptitude Battery;
(C) challenges with dissemination of recruiting
information; and
(D) any other challenges that may be identified by
the federally funded research and development center in
the course of the study;
(2) the effect of such barriers on--
(A) the number of interactions recruiters have with
English learners;
(B) the enlistment rate among populations of
English learners; and
(C) any other effects that may be identified by the
federally funded research and development center in the
course of the study;
(3) an analysis of existing efforts and programs to remove
barriers to entry into the Armed Forces for English learners,
including an analysis of the scalability and sustainability of
such efforts and programs; and
(4) additional opportunities to address such barriers,
including alternative assessments and Armed Services Vocational
Aptitude Battery preparation programs for English learners.
(c) Submittal to Department of Defense.--Not later than 270 days
after the date of the enactment of this Act, the federally funded
research and development that conducts the study under subsection (a)
shall submit to the Secretary of Defense a report on the results of the
study.
(d) Submittal to Congress.--Not later than 30 days after the date
on which the Secretary of Defense receives the report under subsection
(c), the Secretary shall submit to the congressional defense committees
an unaltered copy of the report and any comments of the Secretary with
respect to the report.
(e) English Learner Defined.--In this section, the term ``English
learner'' has the meaning given that term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
SEC. 528. REENLISTMENT WAIVERS FOR PERSONS SEPARATED FROM THE ARMED
FORCES WHO COMMIT ONE MISDEMEANOR CANNABIS OFFENSE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall prescribe
regulations that permit any Secretary of a military department to grant
a reenlistment waiver to a covered person if the Secretary determines
that the reenlistment of that covered person is vital to the national
interest.
(b) Definitions.--In this section:
(1) The term ``covered person'' means an individual--
(A) who has separated from the Armed Forces; and
(B) who has admitted to or been convicted by a
court of competent jurisdiction of a single violation--
(i) of any law of a State or the United
States relating to the use or possession of
cannabis;
(ii) that constitutes a misdemeanor; and
(iii) that occurred while that individual
was not on active service in the Armed Forces.
(2) The terms ``active service'' and ``military
department'' have the meanings given such terms in section 101
of title 10, United States Code.
SEC. 529. SENSE OF CONGRESS REGARDING ACCESSION PHYSICALS.
(a) Findings.--Congress finds the following:
(1) United States Military Entrance Processing Command
(``USMEPCOM'') operates 65 Military Entrance Processing
Stations (``MEPS'') dispersed throughout the 50 States and
Puerto Rico.
(2) Applicants for accession into the Armed Forces must
travel to the closest MEPS to receive physical examinations,
are often driven by a military recruiter, and receive lodging
at a nearby hotel, paid for by the Armed Force represented by
that recruiter.
(3) In 2015, USMEPCOM reported that 473,000 applicants from
the military and other agencies processed through the 65 MEPS,
for a total of 931,000 MEPS visits.
(4) Section 1703 of title 38, United States Code,
authorizes the Secretary of Veterans Affairs to enter into
contracts with private health care providers for physical
examinations.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense should explore alternatives to centralized
accession physicals at MEPS, including conducting physicals through
community health care providers, in order to reduce transportation
costs, increase efficiency in processing times, and free recruiters to
focus on the core of the recruiting mission.
SEC. 530. RECOGNITION AND HONORING OF SERVICE OF INDIVIDUALS WHO SERVED
IN UNITED STATES CADET NURSE CORPS DURING WORLD WAR II.
(a) Determination of Active Military Service.--
(1) In general.--The Secretary of Defense shall be deemed
to have determined under subparagraph (A) of section 401(a)(1)
of the GI Bill Improvement Act of 1977 (Public Law 95-202; 38
U.S.C. 106 note) that the service of the organization known as
the United States Cadet Nurse Corps during the period beginning
on July 1, 1943, and ending on December 31, 1948, constitutes
active military service.
(2) Issuance of discharge.--Not later than one year after
the date of the enactment of this Act, the Secretary shall,
pursuant to subparagraph (B) of such section, issue to each
member of such organization a discharge from service of such
organization under honorable conditions where the nature and
duration of the service of such member so warrants.
(b) Benefits.--
(1) Status as a veteran.--Except as otherwise provided in
this subsection, an individual who receives a discharge under
subsection (a)(2) for service shall be honored as a veteran but
shall not be entitled by reason of such service to any benefit
under a law administered by the Secretary of Veterans Affairs.
(2) Burial benefits.--Service for which an individual
receives a discharge under subsection (a)(2) shall be
considered service in the active military, naval, or air
service (as defined in section 101 of title 38, United States
Code) for purposes of eligibility and entitlement to benefits
under chapters 23 and 24 of title 38, United States Code, not
including section 2410 of that title.
(3) Medals or other commendations.--The Secretary of
Defense may design and produce a service medal or other
commendation to honor individuals who receive a discharge under
subsection (a)(2).
SEC. 530A. DEVELOPMENT OF GUIDELINES FOR USE OF UNOFFICIAL SOURCES OF
INFORMATION TO DETERMINE ELIGIBILITY OF MEMBERS AND
FORMER MEMBERS OF THE ARMED FORCES FOR BENEFITS AND
DECORATIONS WHEN THE SERVICE RECORDS ARE INCOMPLETE
BECAUSE OF DAMAGE TO THE OFFICIAL RECORD.
(a) Guidelines Required.--The Secretary of Defense shall develop
guidelines regarding the use by the Secretaries of the military
departments and the Secretary of Veterans Affairs of unofficial sources
of information, including eyewitness statements, to determine the
eligibility of a member or former member of the Armed Forces for
benefits and decorations when the service records of the member are
incomplete because of damage to the records as a result of the 1973
fire at the National Personnel Records Center in St. Louis, Missouri,
or any subsequent incident while the records were in the possession of
the Department of Defense.
(b) Consultation.--The Secretary of Defense shall prepare the
guidelines in consultation with the Secretary of Veterans Affairs, with
respect to veterans benefits under title 38, United States Code, whose
eligibility determinations depend on the use of service records
maintained by the Department of Defense.
(c) Time for Completion.--The Secretary of Defense shall complete
development of the guidelines not later than one year after the date of
the enactment of this Act.
SEC. 530B. NONDISCRIMINATION WITH RESPECT TO SERVICE IN THE ARMED
FORCES.
(a) In General.--Chapter 37 of title 10, United States Code, is
amended by inserting after section 651 the following new section:
``Sec. 651a. Members: nondiscrimination
``(a) Standards for Eligibility for Service.--Any qualifications
established or applied for eligibility for service in an armed force
shall take into account only the ability of an individual to meet
gender-neutral occupational standards for military service generally
and the military occupational specialty concerned in particular, and
may not include any criteria relating to the race, color, national
origin, religion, or sex (including gender identity or sexual
orientation) of an individual.
``(b) Equality of Treatment in Service.--Any personnel policy
developed or implemented by the Department of Defense with respect to
members of the armed forces shall ensure equality of treatment and
opportunity for all persons in the armed forces, without regard to
race, color, national origin, religion, and sex (including gender
identity and sexual orientation).
``(c) Gender Identity Defined.--In this section, the term `gender
identity' means the gender-related identity, appearance, mannerisms, or
other gender-related characteristics of an individual, regardless of
the individual's designated sex at birth.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 37 of such title is amended by inserting after the item
relating to section 651 the following new item:
``651a. Members: nondiscrimination.''.
SEC. 530C. STUDY REGARDING SCREENING INDIVIDUALS WHO SEEK TO ENLIST IN
THE ARMED FORCES.
(a) Study.--The Secretary of Defense shall study the feasibility
of, in background investigations and security and suitability
screenings of individuals who seek to enlist in the Armed Forces--
(1) screening for white nationalists and individuals with
ties to white nationalist organizations; and
(2) using the following resources of the Federal Bureau of
Investigation:
(A) The Tattoo and Graffiti Identification Program.
(B) The National Gang Intelligence Center.
(b) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit an unclassified
report in writing to the congressional defense committees containing
conclusions of the Secretary regarding the study under subsection (a).
SEC. 530D. ADVICE AND COUNSEL OF TRAUMA EXPERTS IN REVIEW BY BOARDS FOR
CORRECTION OF MILITARY RECORDS AND DISCHARGE REVIEW
BOARDS OF CERTAIN CLAIMS.
(a) Boards for Correction of Military Records.--Section 1552(g) of
title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(g)''; and
(2) by adding at the end the following new paragraph:
``(2) If a board established under subsection (a)(1) is reviewing a
claim described in subsection (h), the board shall seek advice and
counsel in the review from a psychiatrist, psychologist, or social
worker with training on mental health issues associated with post-
traumatic stress disorder or traumatic brain injury or other trauma as
specified in the current edition of the Diagnostic and Statistical
Manual of Mental Disorders published by the American Psychiatric
Association.
``(3) If a board established under subsection (a)(1) is reviewing a
claim in which sexual trauma, intimate partner violence, or spousal
abuse is claimed, the board shall seek advice and counsel in the review
from an expert in trauma specific to sexual assault, intimate partner
violence, or spousal abuse, as applicable.''.
(b) Discharge Review Boards.--Section 1553(d)(1) of such title is
amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following new subparagraph;
``(B) In the case of a former member described in paragraph (3)(B)
who claims that the former member's post-traumatic stress disorder or
traumatic brain injury as described in that paragraph in based in whole
or in part on sexual trauma, intimate partner violence, or spousal
abuse, a board established under this section to review the former
member's discharge or dismissal shall seek advice and counsel in the
review from a psychiatrist, psychologist, or social worker with
training on mental health issues associated with post-traumatic stress
disorder or traumatic brain injury or other trauma as specified in the
current edition of the Diagnostic and Statistical Manual of Mental
Disorders published by the American Psychiatric Association.''.
SEC. 530E. TRAINING OF MEMBERS OF BOARDS FOR CORRECTION OF MILITARY
RECORDS AND DISCHARGE REVIEW BOARDS ON SEXUAL TRAUMA,
INTIMATE PARTNER VIOLENCE, SPOUSAL ABUSE, AND RELATED
MATTERS.
(a) Boards for Correction of Military Records.--The curriculum of
training for members of boards for the correction of military records
under section 534(c) of the National Defense Authorization Act for
Fiscal Year 2017 (10 U.S.C. 1552 note) shall include training on each
of the following:
(1) Sexual trauma.
(2) Intimate partner violence.
(3) Spousal abuse.
(4) The various responses of individuals to trauma.
(b) Discharge Review Boards.--
(1) In general.--Each Secretary concerned shall develop and
provide training for members of discharge review boards under
section 1553 of title 10, United States Code, that are under
the jurisdiction of such Secretary on each of the following:
(A) Sexual trauma.
(B) Intimate partner violence.
(C) Spousal abuse.
(D) The various responses of individuals to trauma.
(2) Uniformity of training.--The Secretary of Defense and
the Secretary of Homeland Security shall jointly ensure that
the training developed and provided pursuant to this subsection
is, to the extent practicable, uniform.
(3) Secretary concerned defined.--In this subsection, the
term ``Secretary concerned'' has the meaning given that term in
section 101(a)(9) of title 10, United States Code.
SEC. 530F. NOTIFICATION TO SECRETARY OF HOMELAND SECURITY OF HONORABLE
DISCHARGES OF NON-CITIZENS.
(a) Notice Required.--The Secretary of Defense shall provide the
Secretary of Homeland Security with a copy of the Certificate of
Release or Discharge from Active Duty (DD Form 214) for each individual
who is not a citizen of the United States who is honorably discharged
from the Armed Forces so the Secretary of Homeland Security may note
such discharge in an I-213 Record of Deportable/Inadmissible Alien for
that individual.
(b) Deadline.--The Secretary of Defense shall provide each notice
under this section not later than 30 days after the date of such
discharge.
SEC. 530G. PROHIBITION ON INVOLUNTARY SEPARATION OR DEPORTATION OF
MEMBERS OF THE ARMED FORCES WHO ARE DACA RECIPIENTS OR
HAVE TEMPORARY PROTECTED STATUS.
(a) DACA.--No covered person who has received deferred action under
the Deferred Action for Childhood Arrivals program of the Department of
Homeland Security, established pursuant to the memorandum of the
Secretary of Homeland Security dated June 15, 2012, may, solely on the
basis of such deferred action, be--
(1) involuntarily separated from the Armed Forces;
(2) placed into removal proceedings; or
(3) removed from the United States.
(b) TPS.--No covered person who has temporary protected status
under section 244 of the Immigration and Nationality Act (8 U.S.C.
1254a), may, solely on the basis of such status, be--
(1) involuntarily separated from the Armed Forces;
(2) placed into removal proceedings; or
(3) removed from the United States.
(c) Covered Person Defined.--In this section, the term ``covered
person'' means--
(1) a member of the Armed Forces; or
(2) an individual who was discharged from the Armed Forces
under honorable conditions.
SEC. 530H. REVIEW OF DISCHARGE CHARACTERIZATION.
(a) Short Title.--This section may cited as the ``Restore Honor to
Service Members Act''.
(b) In General.--In accordance with this section, and in a manner
that is consistent across the entire Department of Defense, the
appropriate discharge boards shall review the discharge
characterization of covered members at the request of a covered member,
and shall change the discharge characterization of a covered member to
honorable if such change is determined to be appropriate after a review
is conducted.
(c) Appeal.--A covered member, or the representative of the member,
may appeal a decision by the appropriate discharge board to not change
the discharge characterization by using the regular appeals process of
the board.
(d) Change of Records.--For each covered member whose discharge
characterization is changed under subsection (a), or for each covered
member who was honorably discharged but whose DD-214 form reflects the
sexual orientation of the member, the Secretary of Defense shall
reissue to the member or their representative a revised DD-214 form
that does not reflect the sexual orientation of the member or reason
for initial discharge.
(e) Definitions.--In this section:
(1) The term ``appropriate discharge board'' means the
boards for correction of military records under section 1552 of
title 10, United States Code, or the discharge review boards
under section 1553 of such title, as the case may be.
(2) The term ``covered member'' means any former member of
the Armed Forces who was discharged from the Armed Forces
because of the sexual orientation of the member.
(3) The term ``discharge characterization'' means the
characterization under which a member of the Armed forces is
discharged or released, including ``dishonorable'',
``general'', ``other than honorable'', and ``honorable''.
(4) The term ``representative'' means the surviving spouse,
next of kin, or legal representative of a covered member.
Subtitle D--Military Justice
SEC. 531. COMMAND INFLUENCE.
(a) In General.--Section 837 of title 10, United States Code
(article 37 of the Uniform Code of Military Justice), is amended--
(1) by striking ``Unlawfully influencing action of court''
and inserting ``Command influence'';
(2) by amending subsection (a) to read as follows:
``(a)(1) No court-martial convening authority, nor any other
commanding officer, may censure, reprimand, or admonish the court or
any member, military judge, or counsel thereof, with respect to the
findings or sentence adjudged by the court, or with respect to any
other exercise of its or his functions in the conduct of the
proceeding.
``(2) No court-martial convening authority, nor any other
commanding officer, may deter or attempt to deter a potential witness
from participating in the investigatory process or testifying at a
court-martial. The denial of a request to travel at government expense
or refusal to make a witness available shall not by itself constitute
unlawful command influence.
``(3) No person subject to this chapter may attempt to coerce or,
by any unauthorized means, attempt to influence the action of a court-
martial or any other military tribunal or any member thereof, in
reaching the findings or sentence in any case, or the action of any
convening, approving, or reviewing authority or preliminary hearing
officer with respect to such acts taken pursuant to this chapter as
prescribed by the President.
``(4) Paragraphs (1) through (3) shall not apply with respect to--
``(A) general instructional or informational courses in
military justice if such courses are designed solely for the
purpose of instructing members of a command in the substantive
and procedural aspects of courts-martial;
``(B) statements regarding criminal activity or a
particular criminal offense that do not advocate a particular
disposition, or a particular court-martial finding, or
sentence; or
``(C) statements and instructions given in open court by
the military judge or counsel.
``(5)(A) Notwithstanding paragraphs (1) through (3), but subject to
subparagraph (B)--
``(i) a superior convening authority or officer may
generally discuss matters to consider regarding the disposition
of alleged violations of this chapter with a subordinate
convening authority or officer; and
``(ii) a subordinate convening authority or officer may
seek advice from a superior convening authority or officer
regarding the disposition of an alleged offense under this
chapter.
``(B) No superior convening authority or officer may direct a
subordinate convening authority or officer to make a particular
disposition in a specific case or otherwise substitute the discretion
of such authority or such officer for that of the subordinate convening
authority or officer.'';
(3) in subsection (b)--
(A) by striking ``advanced, in grade'' and
inserting ``advanced in grade''; and
(B) by striking ``accused before a court-martial''
and inserting ``person in a court-martial proceeding'';
and
(4) by adding at the end the following new subsections:
``(c) No finding or sentence of a court-martial may be held
incorrect on the ground of a violation of this section unless the
violation materially prejudices the substantial rights of the accused.
``(d)(1) A superior convening authority or commanding officer may
withhold the authority of a subordinate convening authority or officer
to dispose of offenses in individual cases, types of cases, or
generally.
``(2) Except as provided in paragraph (1) or as otherwise
authorized by this chapter, a superior convening authority or
commanding officer may not limit the discretion of a subordinate
convening authority or officer to act with respect to a case for which
the subordinate convening authority or officer has authority to dispose
of the offenses.''.
(b) Clerical Amendment.--The table of sections at the beginning
subchapter VII of chapter 47 of title 10, United States Code (the
Uniform Code of Military Justice), is amended by striking the item
relating to section 837 (article 37) and inserting the following new
item:
``837. Art. 37. Command influence.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on the date of the enactment of this Act and shall
apply with respect to violations of section 837 of title 10, United
States Code (article 37 of the Uniform Code of Military Justice),
committed on or after such date.
SEC. 532. STATUTE OF LIMITATIONS FOR CERTAIN OFFENSES.
(a) In General.--Section 843 of title 10, United States Code
(article 43 of the Uniform Code of Military Justice), is amended--
(1) in subsection (a), by inserting ``maiming of a child,
kidnapping of a child,'' after ``sexual assault of a child,'';
and
(2) in subsection (b)(2)(B)--
(A) by striking clauses (ii) and (iv); and
(B) by redesignating clause (iii) as clause (ii).
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply
with respect to the prosecution of offenses committed before, on, or
after the date of the enactment of this Act if the applicable
limitation period has not yet expired.
SEC. 533. GUIDELINES ON SENTENCES FOR OFFENSES COMMITTED UNDER THE
UNIFORM CODE OF MILITARY JUSTICE.
(a) Guidelines Required.--Not later than the date specified in
subsection (c), the Secretary of Defense shall establish nonbinding
guidelines on sentences for offenses under chapter 47 of title 10,
United States Code (the Uniform Code of Military Justice). The
guidelines shall provide the sentencing authority with a suggested
range of punishments, including suggested ranges of confinement, that
will generally be appropriate for a violation of each offense under
such chapter.
(b) Sentencing Data.--In developing the guidelines for sentences
under subsection (a), the Secretary of Defense shall take into account
the sentencing data collected by the Military Justice Review Panel
pursuant to section 946(f)(2) of title 10, United States Code (article
146(f)(2) of the Uniform Code of Military Justice).
(c) Date Specified.--The date specified in this subsection is the
date that is not later than one year after the date on the which the
first report of the Military Justice Review Panel is submitted to the
Committees on Armed Services of the Senate and the House of
Representatives pursuant to section 946(f)(5) of title 10, United
States Code (article 146(f)(5) of the Uniform Code of Military
Justice).
SEC. 534. EXPANSION OF RESPONSIBILITIES OF COMMANDERS FOR VICTIMS OF
SEXUAL ASSAULT COMMITTED BY ANOTHER MEMBER OF THE ARMED
FORCES.
(a) Notification of Victims of Events in Military Justice
Process.--
(1) Notification required.--The commander of a member of
the Armed Forces who is the alleged victim of sexual assault
committed by another member of the Armed Forces shall provide
notification to such alleged victim of every key or other
significant event in the military justice process in connection
with the investigation, prosecution, and confinement of such
other member for sexual assault.
(2) Documentation.--Each commander described in paragraph
(1) shall create and maintain appropriate documentation on any
notification provided as described in that paragraph.
(b) Documetation of Victim's Preference on Jurisdiction in
Prosecution.--In the case of a member of the Armed Forces who is the
alleged victim of sexual assault committed by another member of the
Armed Forces who is subject to prosecution for such offense both by
court-martial under chapter 47 of title 10, United States Code (the
Uniform Code of Military Justice), and by a civilian court under State
law, the commander of such alleged victim shall create and maintain
appropriate documentation of the expressed preference, if any, of such
alleged victim for prosecution of such offense by court-martial or by a
civilian court as provided for by Rule 306(e) of the Rules for Court-
Martial.
(c) Regulations.--The Secretary of Defense shall prescribe in
regulations the requirements applicable to each of the following:
(1) Notifications under subsection (a)(1).
(2) Documentation under subsection (a)(2).
(3) Documentation under subsection (b).
SEC. 535. INCREASE IN INVESTIGATIVE PERSONNEL AND VICTIM WITNESS
ASSISTANCE PROGRAM LIAISONS.
(a) Military Criminal Investigative Services.--
(1) Minimum staffing level.--Not later than one year after
the date of the enactment of this Act, the Secretary of each
military department shall ensure that the number of personnel
assigned to the military criminal investigative services of the
department is sufficient to ensure, to the extent practicable,
that the investigation of any sex-related offense is completed
not later than six months after the date on which the
investigation is initiated.
(2) Status reports required.--Not later than one year after
the date of the enactment of this Act, Secretary of each
military department shall issue guidance requiring that any
criminal investigator of the department who is assigned to
investigate a sex-related offense submits a status report to
the direct supervisor of such investigator in the event that
the investigation of such offense exceeds 90 days in duration.
Each status report shall include--
(A) a detailed explanation of the status of the
investigation;
(B) identification of any information that has not
yet been obtained but is necessary to complete the
investigation; and
(C) identification of any barriers preventing the
investigator from accessing such information.
(b) Victim Witness Assistance Program Liaisons.--Not later than
one year after the date of the enactment of this Act, the Secretary of
each military department shall increase the number of personnel serving
as Victim Witness Assistance Program liaisons to address personnel
shortages in the Victim Witness Assistance Program.
SEC. 536. INCREASE IN NUMBER OF DIGITAL FORENSIC EXAMINERS FOR THE
MILITARY CRIMINAL INVESTIGATION ORGANIZATIONS.
(a) In General.--Each Secretary of a military department shall take
appropriate actions to increase the number of digital forensic
examiners in each military criminal investigation organization (MCIO)
under the jurisdiction of such Secretary by not fewer than 10 from the
authorized number of such examiners for such organization as of
September 30, 2019.
(b) Military Criminal Investigation Organizations.--For purposes of
this section, the military criminal investigation organizations are the
following:
(1) The Army Criminal Investigation Command.
(2) The Naval Criminal Investigative Service.
(3) The Air Force Office of Special Investigations.
(4) The Marine Corps. Criminal Investigation Division.
(c) Funding.--Funds for additional digital forensic examiners as
required by subsection (a) for fiscal year 2020, including for
compensation, initial training, and equipment, shall be derived from
amounts authorized to be appropriated for that fiscal year for the
Armed Force concerned for operation and maintenance.
SEC. 537. PILOT PROGRAMS ON DEFENSE INVESTIGATORS IN THE MILITARY
JUSTICE SYSTEM.
(a) In General.--Each Secretary of a military department shall
carry out a pilot program on defense investigators within the military
justice system under the jurisdiction of such Secretary in order to do
the following:
(1) Determine whether the presence of defense investigators
within such military justice system will--
(A) make such military justice system more
effective in providing an effective defense for the
accused; and
(B) make such military justice system more fair and
efficient.
(2) Otherwise assess the feasibility and advisability of
defense investigators as an element of such military justice
system.
(b) Elements.--
(1) Interview of victim.--A defense investigator may
question a victim under a pilot program only upon a request
made through the Special Victims' Counsel or other counsel if
the victim does not have such counsel.
(2) Uniformity across military justice systems.--The
Secretary of Defense shall ensure that the personnel and
activities of defense investigators under the pilot programs
are, to the extent practicable, uniform across the military
justice systems of the military departments.
(c) Report.--
(1) In general.--Not later than three years after the date
of the enactment of this Act, the Secretary of Defense shall,
in consultation with the Secretaries of the military
departments, submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the pilot
programs under subsection (a).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of each pilot program, including
the personnel and activities of defense investigators
under such pilot program.
(B) An assessment of the feasibility and
advisability of establishing and maintaining defense
investigators as an element of the military justice
systems of the military departments.
(C) If the assessment under subparagraph (B) is
that the establishment and maintenance of defense
investigators as an element of the military justice
systems of the military departments is feasible and
advisable, such recommendations for legislative and
administrative action as the Secretary of Defense
considers appropriate to establish and maintain defense
investigators as an element of the military justice
systems.
(D) Any other matters the Secretary of Defense
considers appropriate.
SEC. 538. PILOT PROGRAM ON PROSECUTION OF SPECIAL VICTIM OFFENSES
COMMITTED BY ATTENDEES OF MILITARY SERVICE ACADEMIES.
(a) Pilot Program.--Beginning not later than January 1, 2020, the
Secretary of Defense shall carry out a pilot program (referred to in
this section as the ``Pilot Program'') under which the Secretary shall
establish, in accordance with this section, an independent authority
to--
(1) review each covered special victim offense; and
(2) determine whether such offense shall be referred to
trial by an appropriate court-martial convening authority.
(b) Office of the Chief Prosecutor.--
(1) Establishment.--As part of the Pilot Program, the
Secretary shall establish, within the Office of the Secretary
of Defense, an Office of the Chief Prosecutor.
(2) Head of office.--The head of the Office shall be known
as the Chief Prosecutor. The Secretary shall appoint as the
Chief Prosecutor a commissioned officer in the grade of O-7 or
above who--
(A) has significant experience prosecuting sexual
assault trials by court-martial; and
(B) is outside the chain of command of any cadet or
midshipman described in subsection (f)(2).
(3) Responsibilities.--The Chief Prosecutor shall exercise
the authorities described in subsection (c) but only with
respect to covered special victim offenses.
(4) Special rule.--Notwithstanding any other provision of
law, the military service from which the Chief Prosecutor is
appointed is authorized an additional billet for a general
officer or a flag officer for each year in the two year period
beginning with the year in which the appointment is made.
(5) Termination.--The Office of the Chief Prosecutor shall
terminate on the date on which the Pilot Program terminates
under subsection (e).
(c) Referral to Office of the Chief Prosecutor.--
(1) Investigation phase.--
(A) Notice and information.--A military criminal
investigative organization that receives an allegation
of a covered special victim offense shall provide to
the Chief Prosecutor and the commander of the military
service academy concerned--
(i) timely notice of such allegation; and
(ii) any information and evidence obtained
as the result a subsequent investigation into
the allegation.
(B) Trial counsel.--A trial counsel assigned to a
case involving a covered special victim offense shall,
during the investigative phase of such case, provide
the Chief Prosecutor with the information necessary to
enable the Chief Prosecutor to make the determination
required under paragraph (3).
(2) Referral to chief prosecutor.--In the case of a charge
relating to a covered special victim offense, in addition to
referring the charge to the staff judge advocate under
subsection (a) or (b) of section 834 of title 10, United States
Code (article 34 of the Uniform Code of Military Justice), the
convening authority of the Armed Force of which the accused is
a member shall refer, as soon as reasonably practicable, the
charge to the Chief Prosecutor to make the determination
required by paragraph (3).
(3) Prosecutorial determination.--The Chief Prosecutor
shall make a determination regarding whether a charge relating
to a covered special victim offense shall be referred to trial.
If the Chief Prosecutor makes a determination that the charge
shall be tried by court-martial, the Chief Prosecutor also
shall determine whether the charge shall be tried by a general
court-martial convened under section 822 of title 10, United
States Code (article 22 of the Uniform Code of Military
Justice) or a special court-martial convened under section 823
of such title (article 23 of the Uniform Code of Military
Justice). The determination of whether to try a charge relating
to a covered special victim offense by court-martial shall
include a determination of whether to try any known offenses,
including any lesser included offenses.
(4) Effect of determination and appeals process.--
(A) Determination to proceed to trial.--Subject to
subparagraph (C) determination to try a charge relating
to a covered special victim offense by court-martial
under paragraph (3), and the determination as to the
type of court-martial, shall be binding on any
convening authority under chapter 47 of title 10,
United States Code (the Uniform Code of Military
Justice) for a trial by court-martial on the charge.
(B) Determination not to proceed to trial.--Subject
to subparagraph (C) determination under paragraph (3)
not to proceed to trial on a charge relating to a
covered special victim offense by general or special
court-martial shall be binding on any convening
authority under chapter 47 of title 10, United States
Code (the Uniform Code of Military Justice) except that
such determination shall not operate to terminate or
otherwise alter the authority of the convening
authority--
(i) to proceed to trial by court-martial on
charges of collateral misconducted related to
the special victim offense; or
(ii) to impose non-judicial punishment in
connection with the conduct covered by the
charge as authorized by section 815 of such
title (article 15 of the Uniform Code of
Military Justice).
(C) Appeal.--In a case in which a convening
authority and the staff judge advocate advising such
authority disagree with the determination of the Chief
Prosecutor under paragraph (3), the convening authority
and staff judge advocate may jointly appeal the
determination to the General Counsel of the Department
of Defense. The determination of the General Counsel
with respect to such appeal shall be binding on the
Chief Prosecutor and the convening authority concerned.
(5) Trial by randomized jury.--After the Chief Prosecutor
makes a determination under paragraph (3) to proceed to trial
on a charge relating to a covered special victim offense, the
matter shall be tried by a court-martial convened within the
Armed Force of which the accused is a member in accordance with
the applicable provisions of chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice) except that,
when convening a court-martial that is a general or special
court-martial involving a covered special victim offense in
which the accused elects a jury trial, the convening authority
shall detail members of the Armed Forces as members thereof at
random unless the obtainability of members of the Armed Forces
for such court-martial prevents the convening authority from
detailing such members at random.
(6) Unlawful influence or coercion.--The actions of the
Chief Prosecutor under this subsection whether or not to try
charges by court-martial shall be free of unlawful or
unauthorized influence or coercion.
(d) Effect on Other Law.--This section shall supersede any
provision of chapter 47 of title 10, United States Code (the Uniform
Code of Military Justice), that is inconsistent with this section, but
only to the extent of the inconsistency.
(e) Termination and Transition.--
(1) Termination.--The authority of the Secretary to carry
out the Pilot Program shall terminate four years after the date
on which the Pilot Program is initiated.
(2) Transition.--The Secretary shall take such actions as
are necessary to ensure that, on the date on which the Pilot
Program terminates under paragraph (1), any matter referred to
the Chief Prosecutor under subsection (c)(2), but with respect
to which the Chief Prosecutor has not made a determination
under subsection (c)(3), shall be transferred to the
appropriate convening authority for consideration.
(f) Definitions.--In this section:
(1) The term ``Armed Force'' has the meaning given that
term in section 101(a)(4) of title 10, United States Code.
(2) The term ``covered special victim offense'' means a
special victim offense--
(A) alleged to have been committed on or after the
date of the enactment of this Act by a cadet of the
United States Military Academy, the United States Air
Force Academy, or the United States Coast Guard
Academy, without regard to the location at which the
offense was committed; or
(B) alleged to have been committed on or after the
date of the enactment of this Act by a midshipman of
the United States Naval Academy, without regard to the
location at which the offense was committed.
(3) The term ``Secretary'' means the Secretary of Defense.
(4) The term ``special victim offense'' means any of the
following:
(A) An offense under section 917a, 920, 920b, 920c,
or 930 of title 10, United States Code (article 117a,
120, 120b, 120c, or 130 of the Uniform Code of Military
Justice).
(B) A conspiracy to commit an offense specified in
subparagraph (A) as punishable under section 881 of
such title (article 81 of the Uniform Code of Military
Justice).
(C) A solicitation to commit an offense specified
in subparagraph (A) as punishable under section 882 of
such title (article 82 of the Uniform Code of Military
Justice).
(D) An attempt to commit an offense specified in
subparagraph (A) as punishable under section 880 of
such title (article 80 of the Uniform Code of Military
Justice).
SEC. 539. TIMELY DISPOSITION OF NONPROSECUTABLE SEX-RELATED OFFENSES.
(a) Policy Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall develop and
implement a policy to ensure the timely disposition of nonprosecutable
sex-related offenses in accordance with subsection (b).
(b) Elements.--The policy developed under subsection (a) shall
require the following:
(1) Not later than seven days after the date on which a
court-martial convening authority declines to refer a
nonprosecutable sex-related offense for trial by general or
special court-martial under chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), the
convening authority will forward the investigation to the
commander of the accused.
(2) Not later than 90 days after the date on which the
commander of the accused receives the investigation under
paragraph (1)--
(A) the commander will determine whether or not to
take other judicial, nonjudicial, or administrative
action in connection with the conduct covered by the
investigation, including any lesser included offenses,
as authorized under section 815 of title 10, United
States Code (article 15 of the Uniform Code of Military
Justice); and
(B) in a case in which the commander of the accused
decides to take additional action under subparagraph
(A), the commander take such actions as appropriate.
(c) Nonprosecutable Sex-related Offense Defined.--In this section,
the term ``nonprosecutable sex-related offense'' means an alleged sex-
related offense (as that term is defined in section 1044e(g) of title
10, United States Code) that a court-martial convening authority has
declined to refer for trial by a general or special court-martial under
chapter 47 of title 10, United States Code (the Uniform Code of
Military Justice) due to a determination that there is insufficient
evidence to support prosecution of the sex-related offense.
SEC. 540. TRAINING FOR SEXUAL ASSAULT INITIAL DISPOSITION AUTHORITIES
ON EXERCISE OF DISPOSITION AUTHORITY FOR SEXUAL ASSAULT
AND COLLATERAL OFFENSES.
(a) In General.--The training for sexual assault initial
Disposition authorities on the exercise of disposition authority under
chapter 47 of title 10, United States Code (the Uniform Code of
Military Justice), with respect to cases for which disposition
authority is withheld to such authorities by the April 20, 2012,
memorandum of the Secretary of Defense, or any successor memorandum,
shall include comprehensive training on the exercise by such
authorities of such authority with respect to such cases in order to
enhance the capabilities of such Authorities in the exercise of such
authority and thereby promote confidence and trust in the military
justice process with respect to such cases.
(b) Memorandum of Secretary of Defense.--The April 20, 2012,
memorandum of the Secretary of Defense referred to in subsection (a) is
the memorandum of the Secretary of Defense entitled ``Withholding
Initial Disposition Authority Under the Uniform Code of Military
Justice in Certain Sexual Assault Cases'' and dated April 20, 2012.
SEC. 540A. ASSESSMENT OF RACIAL, ETHNIC, AND GENDER DISPARITIES IN THE
MILITARY JUSTICE SYSTEM.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall carry out the
activities described in subsection (b) to improve the ability of the
Department of Defense to detect and address racial, ethnic, and gender
disparities in the military justice system.
(b) Activities Described.--The activities described in this
subsection are the following:
(1) For each court-martial carried out by an Armed Force
after the date of the enactment of this Act, the Secretary of
Defense shall require the head of the Armed Force concerned--
(A) to record the race, ethnicity, and gender of
the victim and the accused, and such other demographic
information about the victim and the accused as the
Secretary considers appropriate;
(B) to include data based on the information
described in subparagraph (A) in the annual military
justice reports of the Armed Force.
(2) The Secretary of Defense, in consultation with the
Secretaries of the military departments and the Secretary of
Homeland Security, shall issue guidance that--
(A) establishes criteria to determine when data
indicating possible racial, ethnic, or gender
disparities in the military justice process should be
further reviewed; and
(B) describes how such a review should be
conducted.
(3) The Secretary of Defense, in consultation with the
Secretaries of the military departments and the Secretary of
Homeland Security, shall--
(A) conduct an evaluation to identify the causes of
any racial, ethnic, or gender disparities in the
military justice system;
(B) take steps to address the causes of such
disparities, as appropriate.
SEC. 540B. EXPANSION OF PRE-REFERRAL MATTERS REVIEWABLE BY MILITARY
JUDGES AND MILITARY MAGISTRATES IN THE INTEREST OF
EFFICIENCY IN MILITARY JUSTICE.
(a) In General.--Subsection (a) of section 830a of title 10, United
States Code (article 30a of the Uniform Code of Military Justice), is
amended by striking paragraphs (1) and (2) and inserting the following
new paragraphs:
(1) The President shall prescribe regulations for matters
relating to proceedings conducted before referral of charges
and specifications to court-martial for trial, including the
following:
(A) Pre-referral investigative subpoenas.
(B) Pre-referral warrants or orders for electronic
communications.
(C) Pre-referral matters referred by an appellate
court.
(D) Pre-referral matters under subsection (c) or
(e) of section 806b of this title (article 6b).
(E) Pre-referral matters relating to the following:
(i) Pre-trial confinement of an accused.
(ii) The accused's mental capacity.
(iii) A request for an individual military
counsel.
(2) In addition to the matters specified in paragraph (1),
the regulations prescribed under that paragraph shall--
(A) set forth the matters that a military judge may
rule upon in such proceedings;
(B) include procedures for the review of such
rulings; and
(C) include appropriate limitations to ensure that
proceedings under this section extend only to matters
that would be subject to consideration by a military
judge in a general or special court-martial.
(b) Conforming and Clerical Amendments.--
(1) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 830A. Art. 30a. proceedings conducted before referral''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter VI of chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), is amended
by striking the item relating to section 830 (article 30a) and
inserting the following new item:
``830a. 30a. Proceedings conducted before referral.''.
SEC. 540C. TRAINING FOR COMMANDERS IN THE ARMED FORCES ON THEIR ROLE IN
ALL STAGES OF MILITARY JUSTICE IN CONNECTION WITH SEXUAL
ASSAULT.
(a) In General.--The training provided commanders in the Armed
Forces shall include comprehensive training on the role of commanders
in all stages of military justice in connection with sexual assaults by
members of the Armed Forces against other members of the Armed Forces.
(b) Elements to Be Covered.--The training provided pursuant to
subsection (a) shall include training on the following:
(1) The role of commanders in each stage of the military
justice process in connection with sexual assault committed by
a member of the Armed Forces against another member, including
investigation and prosecution.
(2) The role of commanders in assuring that victims in
sexual assault described in paragraph (1) are informed of, and
have the opportunity to obtain, assistance available for
victims of sexual assault by law.
(3) The role of commanders in assuring that victims in
sexual assault described in paragraph (1) are afforded the due
process rights and protections available to victims by law.
(4) The role of commanders in preventing retaliation
against victims, their family members, witnesses, first
responders, and bystanders for their complaints, statements,
testimony, and status in connection with sexual assault
described in paragraph (1), including the role of commanders in
ensuring that subordinates in the command are aware of their
responsibilities in preventing such retaliation.
(5) The role of commanders in establishing and maintaining
a healthy command climate in connection with reporting on
sexual assault described in paragraph (1) and in the response
of the commander, subordinates in the command, and other
personnel in the command to such sexual assault, such
reporting, and the military justice process in connection with
such sexual assault.
(6) Any other matters on the role of commanders in
connection with sexual assault described in paragraph (1) that
the Secretary of Defense considers appropriate for purposes of
this section.
(c) Incorporation of Best Practices.--
(1) In general.--The training provided pursuant to
subsection (a) shall incorporate best practices on all matters
covered by the training.
(2) Identification of best practices.--The Secretaries of
the military departments shall, acting through the training and
doctrine commands of the Armed Forces, undertake from time to
time surveys and other reviews of the matters covered by the
training provided pursuant to subsection (a) in order to
identify and incorporate into such training the most current
practicable best practices on such matters.
(d) Uniformity.--The Secretary of Defense shall ensure that the
training provided pursuant to subsection (a) is, to the extent
practicable, uniform across the Armed Forces.
Subtitle E--Other Legal Matters
SEC. 541. STANDARD OF EVIDENCE APPLICABLE TO INVESTIGATIONS AND REVIEWS
RELATED TO PROTECTED COMMUNICATIONS OF MEMBERS OF THE
ARMED FORCES AND PROHIBITED RETALIATORY ACTIONS.
(a) Standard of Evidence.--Section 1034 of title 10, United States
Code, is amended--
(1) in subsection (b)(1)(B)(ii), by striking ``as defined
in subsection (i)'' and inserting ``as defined in subsection
(k)'';
(2) by redesignating subsections (i) and (j) as subsections
(j) and (k), respectively; and
(3) by inserting after subsection (h) the following new
subsection (i):
``(i) Standard of Evidence.--A finding or other determination made
under any of subsections (c), (d), (g), or (h) may be based on the
standards of evidence specified in section 1221(e) of title 5.''.
(b) Applicability.--The amendments made by subsection (a) shall not
apply to members of the Coast Guard.
(c) Effective Date.--The amendments made by subsection (a) shall
take effect on the date that is 30 days after the date of the enactment
of this Act, and shall apply with respect to allegations pending or
submitted under section 1034 of title 10, United States Code, on or
after that date.
SEC. 542. EXPANSION OF SPECIAL VICTIMS' COUNSEL FOR VICTIMS OF SEX-
RELATED OR DOMESTIC VIOLENCE OFFENSES.
(a) In General.--Section 1044e of title 10, United States Code, is
amended--
(1) in the section heading, by striking ``sex-related'' and
inserting ``sex-related or domestic violence'';
(2) by striking ``alleged sex-related offense'' each place
it appears and inserting ``alleged sex-related offense or
alleged domestic violence offense'';
(3) in subsection (a)--
(A) in paragraph (1), by striking ``an individual
described in paragraph (2)'' and inserting ``an
individual described in paragraph (3)'';
(B) by redesignating paragraph (2) as paragraph
(3); and
(C) by inserting after paragraph (1) the following
new paragraph (2):
``(2) The Secretary concerned shall designate paralegals (to be
known as `Special Victims' Counsel Paralegals') for the purpose of
providing paralegal assistance to Special Victims' Counsel.'';
(4) in subsection (b)(2), by inserting ``or the Family
Advocacy Program'' after ``Victim Witness Assistance Program'';
(5) in subsection (d)(2)--
(A) in subparagraph (A)--
(i) by striking ``Special Victims'
Counsel'' and inserting ``Special Victims'
Counsel and a Special Victims' Counsel
Paralegal''; and
(ii) by striking ``and'' at the end;
(B) in subparagraph (B), by striking ``Special
Victims' Counsel.'' and inserting ``and a Special
Victims' Counsel Paralegal; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) ensure that a Special Victims' Counsel receives the
training necessary to meet the needs of a victim of an alleged
sex-related offense or an alleged domestic violence offense.'';
(6) in subsection (f)(1), by inserting ``a representative
of the Family Advocacy Program,'' after ``Sexual Assault Victim
Advocate,'';
(7) by amending subsection (g) to read as follows:
``(g) Definitions.--In this section:
``(1) The term `alleged sex-related offense' means any
allegation of--
``(A) a violation of section 920, 920b, 920c, or
930 of this title (article 120, 120b, 120c, or 130 of
the Uniform Code of Military Justice); or
``(B) an attempt to commit an offense specified in
a subparagraph (A) as punishable under section 880 of
this title (article 80 of the Uniform Code of Military
Justice).
``(2) The term `alleged domestic violence offense' means
any allegation of--
``(A) a violation of section 928b of this title
(article 128b of the Uniform Code of Military Justice);
or
``(B) an attempt to commit such an offense as
punishable under section 880 of this title (article 80
of the Uniform Code of Military Justice).''; and
(8) by adding at the end the following new subsections:
``(i) Minimum Staffing Level.--Not later than two years after the
date of enactment of this subsection, the Secretaries concerned shall
ensure that the number Special Victims' Counsel serving in each
military department is sufficient to ensure that the average caseload
of a Special Victims' Counsel does not exceed 25 cases at any given
time.
``(j) Report Required.--Not later than December 1, 2022, the
Secretary of Defense, in consultation with the Secretaries concerned,
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report that includes--
``(1) an analysis of the caseloads of Special Victims'
Counsel and Special Victims' Counsel Paralegals, respectively;
``(2) an assessment of the ability of the military
departments to fill additional authorized billets for the
Special Victims' Counsel program to meet mission requirements;
and
``(3) a description of how the training requirements for
the Special Victims' Counsel program have been expanded to meet
the needs of victims of alleged domestic violence offenses.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 53 of title 10, United States Code, is amended by striking the
item relating to section 1044e and inserting the following new item:
``1044e. Special Victims' Counsel for victims of sex-related or
domestic violence offenses.''.
SEC. 543. NOTIFICATION OF ISSUANCE OF MILITARY PROTECTIVE ORDER TO
CIVILIAN LAW ENFORCEMENT.
(a) Notification of Issuance.--Section 1567a of title 10, United
States Code, is amended--
(1) in subsection (a), by striking ``and any individual
involved in the order does not reside on a military
installation at any time during the duration of the military
protective order, the commander of the military installation
shall notify'' and inserting ``, the commander of the unit to
which the member is assigned shall, not later than seven days
after the date of the issuance of the order, notify'';
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new
subsection (b);
``(b) Notification in Event of Transfer.--In the event that a
member of the armed forces against whom a military protective order is
issued is transferred to another unit--
``(1) not later than the date of the transfer, the
commander of the unit from which the member is transferred
shall notify the commander of the unit to which the member is
transferred of--
``(A) the issuance of the protective order; and
``(B) the individuals involved in the order; and
``(2) not later than seven days after receiving the notice
under paragraph (1), the commander of the unit to which the
member is transferred shall provide notice of the order to the
appropriate civilian authorities in accordance with subsection
(a).''; and
(4) in subsection (c), as so redesignated, by striking
``commander of the military installation'' and inserting
``commander of the unit to which the member is assigned''.
(b) Annual Report Required.--Not later than March 1, 2020, and each
year thereafter through 2024, the Secretary of Defense shall submit to
the congressional defense committees a report that identifies--
(1) the number of military protective orders issued in the
calendar year preceding the year in which the report is
submitted; and
(2) the number of such orders that were reported to
appropriate civilian authorities in accordance with section
1567a(a) of title 10, United States Code, in such preceding
year.
SEC. 544. POLICIES AND PROCEDURES ON REGISTRATION AT MILITARY
INSTALLATIONS OF CIVIL PROTECTION ORDERS APPLICABLE TO
MEMBERS OF THE ARMED FORCES ASSIGNED TO SUCH
INSTALLATIONS AND CERTAIN OTHER INDIVIDUALS.
(a) Policies and Procedures Required.--Not later than one year
after the date of the enactment of this Act, the Secretary of Defense
shall, in consultation with the Secretaries of the military
departments, establish policies and procedures for the registration at
military installations of any civil protection orders described in
subsection (b), including the duties and responsibilities of commanders
of installations in the registration process.
(b) Civil Protection Orders.--A civil protection order described in
this subsection is any civil protective order as follows:
(1) A civil protection order against a member of the Armed
Forces assigned to the installation concerned.
(2) A civil protection order against a civilian employee
employed at the installation concerned.
(3) A civil protection order against the civilian spouse or
intimate partner of a member of the Armed Forces on active duty
and assigned to the installation concerned, or of a civilian
employee described in paragraph (2), which order provides for
the protection of such member or employee.
(c) Particular Elements.--The policies and procedures required by
subsection (a) shall include the following:
(1) A requirement for notice between and among the
commander, military law enforcement elements, and military
criminal investigative elements of an installation when a
member of the Armed Forces assigned to such installation, a
civilian employee employed at such installation, a civilian
spouse or intimate partner of a member assigned to such
installation, or a civilian spouse or intimate partner of a
civilian employee employed at such installation becomes subject
to a civil protection order.
(2) A statement of policy that failure to register a civil
protection order may not be a justification for the lack of
enforcement of such order by military law enforcement and other
applicable personnel who have knowledge of such order.
(d) Letter.--As soon as practicable after establishing the policies
and procedures required by subsection (a), the Secretary shall submit
to the Committees on Armed Services of the Senate and the House of
Representatives a letter that includes the following:
(1) A detailed description of the policies and procedures.
(2) A certification by the Secretary that the policies and
procedures have been implemented on each military installation.
SEC. 545. CLARIFICATIONS REGARDING SCOPE OF EMPLOYMENT AND REEMPLOYMENT
RIGHTS OF MEMBERS OF THE UNIFORMED SERVICES.
(a) Clarification Regarding Definition of Rights and Benefits.--
Section 4303(2) of title 38, United States Code, is amended--
(1) by inserting ``(A)'' before ``The term''; and
(2) by adding at the end the following new subparagraph:
``(B) Any procedural protections or provisions set forth in
this chapter shall also be considered a right or benefit
subject to the protection of this chapter.''.
(b) Clarification Regarding Relation to Other Law and Plans for
Agreements.--Section 4302 of such title is amended by adding at the end
the following:
``(c)(1) Pursuant to this section and the procedural rights
afforded by subchapter III of this chapter, any agreement to arbitrate
a claim under this chapter is unenforceable, unless all parties consent
to arbitration after a complaint on the specific claim has been filed
in court or with the Merit Systems Protection Board and all parties
knowingly and voluntarily consent to have that particular claim
subjected to arbitration.
``(2) For purposes of this subsection, consent shall not be
considered voluntary when a person is required to agree to arbitrate an
action, complaint, or claim alleging a violation of this chapter as a
condition of future or continued employment, advancement in employment,
or receipt of any right or benefit of employment.''.
SEC. 546. MILITARY ORDERS REQUIRED FOR TERMINATION OF LEASES PURSUANT
TO THE SERVICEMEMBERS CIVIL RELIEF ACT.
Section 305(i) of the Servicemembers Civil Relief Act (50 U.S.C.
3955) is amended--
(1) in paragraph (1), by inserting ``(including orders for
separation or retirement)'' after ``official military orders'';
and
(2) by adding at the end the following new paragraph:
``(3) Permanent change of station.--The term `permanent
change of station' includes separation or retirement from
military service.''.
SEC. 547. CONSULTATION REGARDING VICTIM'S PREFERENCE IN PROSECUTION
JURISDICTION.
Section 534(b) of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public Law
113-291; 10 U.S.C. 1044e note) is amended by--
(1) redesignating paragraphs (2) through (4) as paragraphs
(3) through (5), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Record of consultation and victim preference.--The
Secretary of Defense, acting through the Under Secretary of
Defense for Personnel and Readiness, shall issue guidance to
ensure that the consultation under paragraph (1) is provided to
each victim of an alleged sex-related offense described in such
paragraph. Such guidance shall require that the following
information about each consultation is recorded and preserved
in written or electronic format:
``(A) The time and date of the consultation.
``(B) The name of the individual who consulted with
the victim.
``(C) The result of the consultation, including--
``(i) whether the victim expressed a
preference under paragraph (1); and
``(ii) if the victim expressed a
preference, whether the victim preferred that
the offense be prosecuted by court-martial or
in a civilian court.''.
SEC. 548. EXTENSION AND EXPANSION OF DEFENSE ADVISORY COMMITTEE ON
INVESTIGATION, PROSECUTION, AND DEFENSE OF SEXUAL ASSAULT
IN THE ARMED FORCES.
Section 546 of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (10 U.S.C. 1561
note) is amended--
(1) by amending paragraph (2) of subsection (c) to read as
follows:
``(2) Basis for provision of advice.--For purposes of
providing advice to the Secretary pursuant to this subsection,
the Advisory Committee shall--
``(A) review, on an ongoing basis, cases involving
allegations of sexual misconduct described in paragraph
(1);
``(B) study the feasibility of incorporating
restorative justice models into the Uniform Code of
Military Justice; and
``(C) review Rule for Courts-Martial 1001(c) (as
set forth in the Manual for Courts-Martial, 2019
edition, or any successor rule) to determine whether,
and to what extent, the interpretation of that rule by
military courts--
``(i) limits the ability of sexual assault
victims to make statements during presentencing
proceedings; and
``(ii) limits the content of such
statements.''; and
(2) in subsection (f)(1), by striking ``five years'' and
inserting ``ten years''.
SEC. 549. DEFENSE ADVISORY COMMITTEE FOR THE PREVENTION OF SEXUAL
MISCONDUCT.
(a) Establishment Required.--
(1) In general.--The Secretary of Defense shall establish
and maintain within the Department of Defense an advisory
committee to be known as the ``Defense Advisory Committee for
the Prevention of Sexual Misconduct'' (in this section referred
to as the ``Advisory Committee'').
(2) Deadline for establishment.--The Secretary shall
establish the Advisory Committee not later than 180 days after
the date of the enactment of this Act.
(b) Membership.--
(1) In general.--The Advisory Committee shall consist of
not more than 20 members, appointed by the Secretary from among
individuals who have an expertise appropriate for the work of
the Advisory Committee, including at least one individual with
each expertise as follows:
(A) Expertise in the prevention of sexual assault
and behaviors on the sexual assault continuum of harm.
(B) Expertise in the prevention of suicide.
(C) Expertise in trauma and trauma symptoms.
(D) Expertise in the change of culture of large
organizations.
(E) Expertise in implementation science.
(2) Background of individuals.--Individuals appointed to
the Advisory Committee may include individuals with expertise
in sexual assault prevention efforts of institutions of higher
education, public health officials, and such other individuals
as the Secretary considers appropriate.
(3) Prohibition on membership of members of armed forces on
active duty.--A member of the Armed Forces serving on active
duty may not serve as a member of the Advisory Committee.
(c) Duties.--
(1) In general.--The Advisory Committee shall advise the
Secretary on the following:
(A) The prevention of sexual assault (including
rape, forcible sodomy, other sexual assault, and other
sexual misconduct (including behaviors on the sexual
assault continuum of harm)) involving members of the
Armed Forces.
(B) The policies, programs, and practices of each
military department, each Armed Force, and each
military service academy for the prevention of sexual
assault as described in subparagraph (A).
(2) Basis for provision of advice.--For purposes of
providing advice to the Secretary pursuant to this subsection,
the Advisory Committee shall review, on an ongoing basis, the
following:
(A) Closed cases involving allegations of sexual
assault described in paragraph (1).
(B) Efforts of institutions of higher education to
prevent sexual assault among students.
(C) Any other information or matters that the
Advisory Committee or the Secretary considers
appropriate.
(3) Coordination of efforts.--In addition to the reviews
required by paragraph (2), for purposes of providing advice to
the Secretary the Advisory Committee shall also consult and
coordinate with the Defense Advisory Committee on
Investigation, Prosecution, and Defense of Sexual Assault in
the Armed Forces (DAC-IPAD) on matters of joint interest to the
two Advisory Committees.
(d) Annual Report.--Not later than March 30 each year, the Advisory
Committee shall submit to the Secretary and the Committees on Armed
Services of the Senate and the House of Representatives a report on the
activities of the Advisory Committee pursuant to this section during
the preceding year.
(e) Sexual Assault Continuum of Harm.--In this section, the term
``sexual assault continuum of harm'' includes--
(1) inappropriate actions (such as sexist jokes), sexual
harassment, gender discrimination, hazing, cyber bullying, or
other behavior that contributes to a culture that is tolerant
of, or increases risk for, sexual assault; and
(2) maltreatment or ostracism of a victim for a report of
sexual misconduct.
(f) Termination.--
(1) In general.--Except as provided in paragraph (2), the
Advisory Committee shall terminate on the date that is five
years after the date of the establishment of the Advisory
Committee pursuant to subsection (a).
(2) Continuation.--The Secretary of Defense may continue
the Advisory Committee after the termination date applicable
under paragraph (1) if the Secretary determines that
continuation of the Advisory Committee after that date is
advisable and appropriate. If the Secretary determines to
continue the Advisory Committee after that date, the Secretary
shall notify the Committees on the Armed Services of the Senate
and House of Representatives.
SEC. 550. SAFE TO REPORT POLICY APPLICABLE ACROSS THE ARMED FORCES.
(a) In General.--The Secretary of Defense shall, in consultation
with the Secretaries of the military departments, prescribe in
regulations a safe to report policy described in subsection (b) that
applies with respect to all members of the Armed Forces (including
members of the reserve components of the Armed Forces) and cadets and
midshipmen at the military service academies.
(b) Safe to Report Policy.--The safe to report policy described in
this subsection is a policy under which a member of the Armed Forces
who is the alleged victim of sexual assault, but who may have committed
minor collateral misconduct at or about the time of such sexual
assault, or whose minor collateral misconduct is discovered only as a
result of the investigation into such sexual assault, may report such
sexual assault to proper authorities without fear or receipt of
discipline in connection with such minor collateral misconduct absent
aggravating circumstances that increase the gravity of the minor
collateral misconduct or its impact on good order and discipline.
(c) Minor Collateral Misconduct.--For purposes of the safe to
report policy, minor collateral misconduct shall include any of the
following:
(1) Improper use or possession of alcohol.
(2) Consensual intimate behavior (including adultery) or
fraternization.
(3) Presence in an off-limits area.
(4) Such other misconduct as the Secretary of Defense shall
specify in the regulations under subsection (a).
(d) Aggravating Circumstances.--The regulations under subsection
(a) shall specify aggravating circumstances that increase the gravity
of minor collateral misconduct or its impact on good order and
discipline for purposes of the safe to report policy.
(e) Definitions.--In this section:
(1) The term ``Armed Forces'' has the meaning given that
term in section 101(a)(4) of title 10, United States Code,
except such term does not include the Coast Guard.
(2) The term ``military service academy'' means the
following:
(A) The United States Military Academy.
(B) The United States Naval Academy.
(C) The United States Air Force Academy.
SEC. 550A. AVAILABILITY OF SPECIAL VICTIMS' COUNSEL AND SPECIAL VICTIM
PROSECUTORS AT MILITARY INSTALLATIONS.
(a) Deadline for Availability.--
(1) In general.--If an individual specified in paragraph
(2) is not available at a military installation for access by a
member of the Armed Forces who requests access to such an
individual, such an individual shall be made available at such
installation for access by such member by not later than 48
hours after such request.
(2) Individuals.--The individuals specified in this
paragraph are the following:
(A) Special Victims' Counsel (SVC).
(B) Special Victim Prosecutor (SPC).
(b) Report on Civilian Support of SVCs.--Not later than 180 days
after the date of the enactment of this Act, each Secretary of a
military department shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report setting forth the
assessment of such Secretary of the feasibility and advisability of
establishing and maintaining at each installation under the
jurisdiction of such Secretary with a Special Victims' Counsel one or
more civilian positions for the purpose of--
(1) providing support to such Special Victims' Counsel; and
(2) ensuring continuity and the preservation of
institutional knowledge in transitions between the service of
individuals as Special Victims' Counsel at such installation.
SEC. 550B. NOTICE TO VICTIMS OF ALLEGED SEXUAL ASSAULT OF PENDENCY OF
FURTHER ADMINISTRATIVE ACTION FOLLOWING A DETERMINATION
NOT TO REFER TO TRIAL BY COURT-MARTIAL.
Under regulations prescribed by the Secretary of Defense, upon a
determination not to refer a case of alleged sexual assault for trial
by court-martial under chapter 47 of title 10, United States Code (the
Uniform Code of Military Justice), the commander making such
determination shall periodically notify the victim of the status of a
final determination on further action on such case, whether non-
judicial punishment under section 815 of such title (article 15 of the
Uniform Code of Military Justice), other administrative action, or no
further action. Such notifications shall continue not less frequently
than monthly until such final determination.
SEC. 550C. TRAINING FOR SPECIAL VICTIMS' COUNSEL ON CIVILIAN CRIMINAL
JUSTICE MATTERS IN THE STATES OF THE MILITARY
INSTALLATIONS TO WHICH ASSIGNED.
(a) Training.--
(1) In general.--Except as provided in subsection (c), upon
the assignment of a Special Victims' Counsel (including a
Victim Legal Counsel of the Navy) to a military installation in
the United States, such Counsel shall be provided appropriate
training on the law and policies of the State or States in
which such military installation is located with respect to the
criminal justice matters specified in paragraph (2). The
purpose of the training is to assist such Counsel in providing
victims of alleged sex-related offenses with information
necessary to make an informed decision regarding preference as
to the jurisdiction (whether court-martial or State court) in
which such offenses will be prosecuted.
(2) Criminal justice matters.--The criminal justice matters
specified in this paragraph, with respect to a State, are the
following:
(A) Victim rights.
(B) Prosecution of criminal offenses.
(C) Sentencing for conviction of criminal offenses.
(b) Alleged Sex-related Offense Defined.--In this section, the term
``alleged sex-related offense'' means any allegation of--
(1) a violation of section 920, 920b, 920c, or 930 of title
10, United States Code (article 120, 120b, 120c, or 130 of the
Uniform Code of Military Justice); or
(2) an attempt to commit an offense specified in a
paragraph (1) as punishable under section 880 of title 10,
United States Code (article 80 of the Uniform Code of Military
Justice).
(c) Exception.--The requirements of this section do not apply to a
Special Victims' Counsel of the Coast Guard.
SEC. 550D. COPYRIGHT PROTECTION FOR CIVILIAN FACULTY OF ACCREDITED
INSTITUTIONS.
(a) In General.--Chapter 108 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2169a. Copyright of works created by civilian faculty members
``(a) Copyright of Works.--Subject to subsection (b), for purposes
of sections 101 and 105 of title 17, a work produced by a civilian
member of the faculty of a covered institution is only a work of the
United States Government if the work is created in direct support of a
lecture, instruction, curriculum development, or special duty assigned
to such civilian member at the covered institution.
``(b) Use by Federal Government.--The Secretary concerned may
require a civilian member of the faculty of a covered institution who
becomes the owner of a copyright in a work that would be considered a
work of the United States Government but for the applicability of
subsection (a) to--
``(1) provide the Federal Government with an irrevocable,
royalty-free, world-wide, nonexclusive license to use, modify,
reproduce, release, perform, display, or disclose such work for
United States Government purposes; and
``(2) authorize the Federal Government to authorize persons
that are not officers or employees of the Federal Government to
use, modify, reproduce, release, perform, display, or disclose
such work for United States Government purposes.
``(c) Covered Institution Defined.--In this section, the term
`covered institution' means the following:
``(1) National Defense University.
``(2) United States Military Academy.
``(3) Army War College.
``(4) United States Army Command and General Staff College.
``(5) United States Naval Academy.
``(6) Naval War College.
``(7) Naval Post Graduate School.
``(8) Marine Corps University.
``(9) United States Air Force Academy.
``(10) Air University.
``(11) Defense Language Institute.
``(12) United States Coast Guard Academy.''.
(b) Table of Sections Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the following
new item:
``2169a. Copyright of works created by civilian faculty members.''.
SEC. 550E. PRELIMINARY INQUIRY ON ARLINGTON NATIONAL CEMETERY BURIAL.
(a) Findings.--Congress finds the following:
(1) The Department of Defense must ensure that only
individuals who have served honorably are interred or inurned
at Arlington National Cemetery.
(2) Recent news reports have alleged that Army Sergeant
Jack Edward Dunlap, who was buried at Arlington National
Cemetery in 1963, may have been the past subject of an
espionage investigation by the National Security Agency, the
results of which have not been made public.
(b) Inquiry Required.--The General Counsel of the Department of the
Army shall, pursuant to the terms of section 553.21 of title 32, Code
of Federal Regulations, carry out a preliminary inquiry to investigate
the Arlington National Cemetery burial of Jack Edward Dunlap due to
accusations that he supplied the Soviet Union with valuable
intelligence during the Cold War.
SEC. 550F. AVAILABILITY OF RECORDS FOR NATIONAL INSTANT CRIMINAL
BACKGROUND CHECK SYSTEM.
(a) NICS Records.--Section 101(b) of the NICS Improvement
Amendments Act of 2007 (34 U.S.C. 40911(b)) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1), the following new
paragraph (2):
``(2) Department of defense.--Not later than three business
days after the final disposition of a judicial proceeding
conducted within the Department of Defense, the Secretary of
Defense shall make available to the Attorney General records
which are relevant to a determination of whether a member of
the Armed Forces involved in such proceeding is disqualified
from possessing or receiving a firearm under subsection (g) or
(n) of section 922 of title 18, United States Code, for use in
background checks performed by the National Instant Criminal
Background Check System.''.
(b) Study and Report on MPO Database.--
(1) Study.--The Secretary of Defense shall conduct a study
on the feasibility of establishing a database of military
protective orders issued by military commanders against
individuals suspected of having committed an offense of
domestic violence under section 928b of title 10, United States
Code (article 128b of the Uniform Code of Military Justice).
The study shall include an examination of each of the
following:
(A) The feasibility of creating a database to
record, track, and report such military protective
orders to the National Instant Criminal Background
Check System.
(B) The feasibility of establishing a process by
which a military judge or magistrate may issue a
protective order against an individual suspected of
having committed such an offense.
(2) Report.--Not later then 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report on the results of
the study conducted under paragraph (1).
SEC. 550G. TERMINATION OF LEASES OF PREMISES AND MOTOR VEHICLES OF
SERVICEMEMBERS WHO INCUR CATASTROPHIC INJURY OR ILLNESS
OR DIE WHILE IN MILITARY SERVICE.
(a) Catastrophic Injuries and Illnesses.--Subsection (a) of section
305 of the Servicemembers Civil Relief Act (50 U.S.C. 3955), as amended
by section 301 of the Veterans Benefits and Transition Act of 2018
(Public Law 115-407), is further amended by adding at the end the
following new paragraph:
``(4) Catastrophic injury or illness of lessee.--The spouse
of the lessee on a lease described in subsection (b) may
terminate the lease during the one-year period beginning on the
date on which the lessee incurs a catastrophic injury or
illness (as that term is defined in section 439(g) of title 37,
United States Code), if the lessee incurs the catastrophic
injury or illness during a period of military service or while
performing full-time National Guard duty, active Guard and
Reserve duty, or inactive-duty training (as such terms are
defined in section 101(d) of title 10, United States Code).''.
(b) Deaths.--Paragraph (3) of such subsection is amended by
striking ``in subsection (b)(1)'' and inserting ``in subsection (b)''.
SEC. 550H. TO RESOLVE CONTROVERSIES UNDER SERVICEMEMBERS CIVIL RELIEF
ACT.
(a) In General.--Section 102 of the Servicemembers Civil Relief Act
(50 U.S.C. App. 512) is amended by adding at the end the following new
subsection:
``(d) Written Consent Required for Arbitration.--Notwithstanding
any other provision of law, whenever a contract with a servicemember,
or a servicemember and the servicemember's spouse jointly, provides for
the use of arbitration to resolve a controversy subject to a provision
of this Act and arising out of or relating to such contract,
arbitration may be used to settle such controversy only if, after such
controversy arises, all parties to such controversy consent in writing
to use arbitration to settle such controversy.''.
(b) Applicability.--Subsection (d) of such section, as added by
subsection (a), shall apply with respect to contracts entered into,
amended, altered, modified, renewed, or extended after the date of the
enactment of this Act.
SEC. 550I. LIMITATION ON WAIVER OF RIGHTS AND PROTECTIONS UNDER
SERVICEMEMBERS CIVIL RELIEF ACT.
(a) In General.--Section 107(a) of the Servicemembers Civil Relief
Act (50 U.S.C. App. 517(a)) is amended--
(1) in the second sentence, by inserting ``and if it is
made after a specific dispute has arisen and the dispute is
identified in the waiver'' after ``to which it applies''; and
(2) in the third sentence, by inserting ``and if it is made
after a specific dispute has arisen and the dispute is
identified in the waiver'' after ``period of military
service''.
(b) Applicability.--The amendment made by subsection (a) shall
apply with respect to waivers made on or after the date of the
enactment of this Act.
SEC. 550J. PRESERVATION OF RIGHT TO BRING CLASS ACTION UNDER
SERVICEMEMBERS CIVIL RELIEF ACT.
(a) In General.--Section 802(a) of the Servicemembers Civil Relief
Act (50 U.S.C. App. 597a(a)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) be a representative party on behalf of members of a
class or be a member of a class, in accordance with the Federal
Rules of Civil Procedure, notwithstanding any previous
agreement to the contrary.''.
(b) Construction.--The amendments made by subsection (a) shall not
be construed to imply that a person aggrieved by a violation of such
Act did not have a right to bring a civil action as a representative
party on behalf of members of a class or be a member of a class in a
civil action before the date of the enactment of this Act.
SEC. 550K. EFFECTIVE DATE OF RULE REGARDING PAYDAY LENDING PROTECTIONS.
(a) In General.--Sections1041.4 through 1041.6, 1041.10, and
1041.12(b)(1) through (3) in the final rule published on November 17,
2017 by the Bureau of Consumer Financial Protection (82 Fed. Reg.
54472) related to Mandatory Underwriting Provisions shall go into
effect on August 19, 2019, with regards to servicemembers, veterans and
surviving spouses.
(b) Definitions.--In this section:
(1) The term ``servicemember'' has the meaning given that
term in section 101 of title 10, United States Code.
(2) The terms ``veteran'' and ``surviving spouse'' have the
meanings given those terms in section 101 of title 38, United
States Code.
SEC. 550L. STRENGTHENING CIVILIAN AND MILITARY PARTNERSHIPS TO RESPOND
TO DOMESTIC AND SEXUAL VIOLENCE.
(a) Study.--Not later than one year after the enactment of this
legislation, the Comptroller General of the United States shall submit
to Congress a report on partnerships between military installations and
civilian domestic and sexual violence response organizations,
including--
(1) a review of memoranda of understanding between such
installations and such response organizations;
(2) descriptions of the services provided pursuant to such
partnerships;
(3) a review of the central plan, if any, of each service
regarding such partnerships; and
(4) recommendations on increasing and improving such
partnerships.
(b) Civilian Domestic and Sexual Violence Response Organization.--
In this section, the term ``civilian domestic and sexual violence
response organization'' includes a rape crisis center, domestic
violence shelter, civilian law enforcement, local government group,
civilian sexual assault nurse examiner, civilian medical service
provider, veterans service organization, faith-based organization, or
Federally qualified health center.
SEC. 550M. INFORMATION ON LEGAL SERVICES PROVIDED TO MEMBERS OF THE
ARMED FORCES HARMED BY HEALTH OR ENVIRONMENTAL HAZARDS AT
MILITARY HOUSING.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congressional
defense committees a report on the legal services that the Secretary
may provide to members of the Armed Forces who have been harmed by a
health or environmental hazard while living in military housing.
(b) Availability of Information.--The Secretary of the military
department concerned shall make the information contained in the report
submitted under subsection (a) available to members of the Armed Forces
at all installations of the Department of Defense in the United States.
SEC. 550N. INITIATIVE TO IMPROVE THE CAPACITY OF MILITARY CRIMINAL
INVESTIGATIVE ORGANIZATIONS TO PREVENT CHILD SEXUAL
EXPLOITATION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall establish an
initiative on improving the capacity of military criminal investigative
organizations to prevent child sexual exploitation. Under the
initiative, the Secretary shall work with an external partner to train
military criminal investigative organization officials at Department of
Defense installations from all military departments regarding--
(1) online investigative technology, tools, and techniques;
(2) computer forensics;
(3) complex evidentiary issues;
(4) child victim identification;
(5) child victim referral for comprehensive investigation
and treatment services; and
(6) related instruction.
(b) Partnerships and Agreements.--Under the initiative, the
Secretary shall develop partnerships and establish collaborative
agreements with the following:
(1) The Department of Justice, Office of the Attorney
General, in better coordinating the investigative jurisdictions
and law enforcement authorities of the military criminal
investigative organizations, and in improving the justice
community's understanding of those law enforcement authorities
to enforce Federal criminal statutes.
(2) Federal criminal investigative organizations
responsible for enforcement of Federal criminal statutes
related to combatting child sexual exploitation, in order to
ensure a streamlined process for transferring criminal
investigations into child exploitation to other jurisdictions,
while maintaining the integrity of the evidence already
collected.
(3) A highly qualified national child protection
organization or law enforcement training center with
demonstrated expertise in the delivery of law enforcement
training--
(A) to detect, identify, investigate, and prosecute
individuals engaged in the trading or production of
child pornography and the online solicitation of
children; and
(B) to train military criminal investigative
organization officials at Department of Defense
installations from all military departments.
(4) A highly qualified national child protection
organization with demonstrated expertise in the development and
delivery of multidisciplinary intervention training including
evidence-based forensic interviewing, victim advocacy, trauma-
informed mental health services, medical services, and
multidisciplinary coordination between the Department of
Defense and civilian experts to improve outcomes for victims of
child sexual exploitation.
(5) Children's Advocacy Centers located in the same
communities as military installations that coordinate the
multidisciplinary team response and child-friendly approach to
identifying, investigating, prosecuting, and intervening in
child sexual exploitation cases that can partner with military
installations on law enforcement, child protection,
prosecution, mental health, medical, and victim advocacy to
investigate sexual exploitation, help children heal from sexual
exploitation, and hold offenders accountable.
(6) State and local authorities to address law enforcement
capacity in communities where military installations are
located, and to prevent lapses in jurisdiction that would
undercut the Department's efforts to prevent child sexual
exploitation.
(7) The National Association to Protect Children and the
United States Special Operations Command Care Coalition to
replicate successful outcomes of the Human Exploitation Rescue
Operative (HERO) Child Rescue Corps, as established by section
890A of the Homeland Security Act of 2002 (6 U.S.C. 473),
within military criminal investigative organizations and other
Department components to combat child sexual exploitation.
(c) Locations.--
(1) In general.--The Secretary shall carry out the
initiative--
(A) in at least two States where there is a high
density of Department network users in comparison to
the overall population of the States;
(B) in at least two States where there is a high
population of Department network users;
(C) in at least two States where there is a large
percentage of Indian children, including children who
are Alaska Native or Native Hawaiian;
(D) in at least one State with a population with
fewer than 2,000,000 people;
(E) in at least one State with a population with
fewer than 5,000,000 people, but not fewer than
2,000,000 people;
(F) in at least one State with a population with
fewer than 10,000,000 people, but not fewer than
5,000,000; and
(G) in at least one State with a population with
10,000,000 or more people.
(2) Geographic distribution.--The Secretary shall ensure
that the locations at which the initiative is carried out are
distributed across different regions.
(d) Additional Requirements.--In carrying out the initiative, the
Secretary shall--
(1) participate in multi-jurisdictional task forces;
(2) establish cooperative agreements to facilitate co-
training and collaboration with Federal, State, and local law
enforcement; and
(3) develop a streamlined process to refer child sexual
abuse cases to other jurisdictions.
SEC. 550O. TREATMENT OF INFORMATION IN CATCH A SERIAL OFFENDER PROGRAM
FOR CERTAIN PURPOSES.
(a) Exclusion From FOIA.--Section 552 of title 5, United States
Code (commonly referred to as the ``Freedom of Information Act''),
shall not apply to any report for purposes of the Catch a Serial
Offender Program.
(b) Preservation of Restricted Report.--The transmittal or receipt
in connection with the Catch a Serial Offender Program of a report on a
sexual assault that is treated as a restricted report shall not operate
to terminate its treatment or status as a restricted report.
SEC. 550P. PRESERVATION OF RECOURSE TO RESTRICTED REPORT ON SEXUAL
ASSAULT FOR VICTIMS OF SEXUAL ASSAULT BEING INVESTIGATED
FOLLOWING CERTAIN VICTIM OR THIRD-PARTY COMMUNICATIONS.
(a) In General.--The Secretary of Defense shall establish a policy
that allows a member of the Armed Forces who is the victim of a sexual
assault that is or may be investigated as a result of a communication
described in subsection (b) to elect to have the member's reporting on
such sexual assault be treated as a Restricted Report without regard to
the party initiating or receiving such communication.
(b) Communication.--A communication described in this subsection is
a communication on a sexual assault as follows:
(1) By the member concerned to a member of the Armed Forces
in the chain of command of such member, whether a commissioned
officer or a non-commissioned officer.
(2) By the member concerned to military law enforcement
personnel or personnel of a military criminal investigation
organization (MCIO).
(3) By any individual other than the member concerned.
Subtitle F--Member Education
SEC. 551. AUTHORITY FOR DETAIL OF CERTAIN ENLISTED MEMBERS OF THE ARMED
FORCES AS STUDENTS AT LAW SCHOOLS.
(a) In General.--Chapter 101 of title 10, United States Code, is
amended--
(1) by redesignating sections 2004a and 2004b as sections
2004b and 2004c, respectively;
(2) by inserting after section 2004 the following new
section:
``Sec. 2004a. Detail as students at law schools: certain enlisted
members
``(a) In General.--The Secretary of each military department may,
under regulations prescribed by the Secretary of Defense, detail
enlisted members of the armed forces as students at accredited law
schools, located in the United States, for a period of training leading
to the degree of bachelor of laws or juris doctor. No more than twenty-
five officers from each military department may commence such training
in any single fiscal year.
``(b) Eligibility for Detail.--To be eligible for detail under
subsection (a), a member must be a citizen of the United States and
must--
``(1) as of the time training is to begin--
``(A) have served on active duty for a period of
not less than four years nor more than eight years;
``(B) be in pay grade E-5 or E-6; and
``(C) meet all requirements for acceptance of a
commission as a commissioned officer in the armed
forces; and
``(2) sign an agreement that, unless sooner separated, the
member will--
``(A) complete the educational course of legal
training;
``(B) upon completion of the educational course of
legal training--
``(i) accept a commission as a commissioned
officer in the armed forces; and
``(ii) accept transfer or detail as a judge
advocate or law specialist within the
department concerned; and
``(C) agree to serve on active duty following
completion or other termination of the educational
course of legal training for a period of two years for
each year or part thereof of such training.
``(c) Selection.--Members detailed for legal training under
subsection (a) shall be selected on a competitive basis by the
Secretary of the military department concerned, under the regulations
required by subsection (a).
``(d) Service and Service Obligations.--(1) Except as provided in
paragraph (2), any service obligation incurred by a member under an
agreement entered into under subsection (b) shall be in addition to any
service obligation incurred by the member under any other provision of
law or agreement.
``(2)(A) A member who does not successfully complete a course of
legal training to which detailed pursuant to this section shall cease
such detail and return to the armed force concerned as an enlisted
member.
``(B) Any time of a member described by subparagraph (A) in a
course of legal training described in that subparagraph shall not count
toward satisfaction of any period of service required under the current
contract or agreement of the member for enlistment in the armed forces.
``(e) Limitation on Number Detailable.--The aggregate number of
enlisted members detailed under this section and commissioned officers
detailed under section 2004 of this title in any fiscal year by a
Secretary of a military department may not exceed 25.
``(f) Other Administrative Matters.--Subsections (d) and (f) of
section 2004 of this title shall apply to the detail of members under
this section, except that any reference in such section to an `officer'
shall be deemed to be a reference to an `enlisted member' for such
purposes.''.
SEC. 552. EDUCATION OF MEMBERS OF THE ARMED FORCES ON CAREER READINESS
AND PROFESSIONAL DEVELOPMENT.
(a) Programs of Education Required.--
(1) In general.--Chapter 101 of title 10, United States
Code, is amended by inserting after section 2015 the following
new section:
``Sec. 2015a. Education of members on career readiness and professional
development
``(a) Program of Education Required.--The Secretary of Defense
shall carry out a program to provide education on career readiness and
professional development to members of the armed forces.
``(b) Elements.--The program under this section shall provide
members with the following:
``(1) Information on the transition plan as described in
section 1142(b)(10) of this title.
``(2) Information on opportunities available to members
during military service for professional development and
preparation for a career after military service, including--
``(A) programs of education, certification,
training, and employment assistance (including programs
under sections 1143(e), 2007, and 2015 of this title);
and
``(B) programs and resources available to members
in communities in the vicinity of military
installations.
``(3) Instruction on the use of online and other electronic
mechanisms in order to access the education, training, and
assistance and resources described in paragraph (2).
``(4) Such other information, instruction, and matters as
the Secretary shall specify for purposes of this section.
``(c) Timing of Provision of Information.--Subject to subsection
(d), information, instruction, and other matters under the program
under this section shall be provided to members at the times as
follows:
``(1) Upon arrival at first duty station.
``(2) Upon arrival at any subsequent duty station.
``(3) Upon deployment.
``(4) Upon promotion.
``(5) Upon reenlistment.
``(6) At any other point in a military career specified by
the Secretary for purposes of this section.
``(d) Single Provision of Information in a Year With Multiple
Events.--A member who has received information and instruction under
the program under this section in connection with an event specified in
subsection (c) in a year may elect not to undergo additional receipt of
information and instruction under the program in connection with
another such event in the year, unless such other event is arrival at a
new duty station.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 101 of such title is amended by inserting
after the item relating to section 2015 the following new item:
``2015a. Education of members on career readiness and professional
development.''.
(b) Report on Implementation.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate committees of Congress a report on
the program of education required by section 2015a of title 10,
United States Code (as added by subsection (a)), including the
following:
(A) A comprehensive description of the actions
taken to implement the program of education.
(B) A comprehensive description of the program of
education.
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services and the
Committee on Veterans' Affairs of the Senate; and
(B) the Committee on Armed Services and the
Committee on Veterans' Affairs of the House of
Representatives.
SEC. 553. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE CENTER.
(a) Authority to Award Bachelor's Degrees.--Section 2168 of title
10, United States Code, is amended--
(1) in the section heading, by striking ``Associate'' and
inserting ``Associate or Bachelor''; and
(2) by amending subsection (a) to read as follows:
``(a) Subject to subsection (b), the Commandant of the Defense
Language Institute may confer--
``(1) an Associate of Arts degree in a foreign language
upon any graduate of the Foreign Language Center of the
Institute who fulfills the requirements for that degree; or
``(2) a Bachelor of Arts degree in a foreign language upon
any graduate of the Foreign Language Center of the Institute
who fulfills the requirements for that degree.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 108 of title 10, United States Code, is amended by striking the
item relating to section 2168 and inserting the following new item:
``2168. Defense Language Institute Foreign Language Center: degree of
Associate or Bachelor of Arts in foreign
language.''.
SEC. 554. EXPANSION OF DEPARTMENT OF DEFENSE STARBASE PROGRAM.
(a) In General.--Section 2193b of title 10, United States Code, is
amended--
(1) in the section heading, by striking ``science,
mathematics, and technology'' and inserting ``science,
technology, engineering, art and design, and mathematics'';
(2) in subsection (a), by striking ``science, mathematics,
and technology'' and inserting ``science, technology,
engineering, art and design, and mathematics''; and
(3) in subsection (b), by striking ``mathematics, science,
and technology'' and inserting ``science, technology,
engineering, art and design, and mathematics'';
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 111 of title 10, United States Code, is amended by striking the
item relating to section 2193b and inserting the following new item:
``2193b. Improvement of education in technical fields: program for
support of elementary and secondary
education in science, technology,
engineering, art and design, and
mathematics.''.
SEC. 555. INCLUSION OF COAST GUARD IN DEPARTMENT OF DEFENSE STARBASE
PROGRAM.
Section 2193b of title 10, United States Code, is further amended--
(1) in subsection (a), by inserting ``and the Secretary of
the Department in which the Coast Guard is operating'' after
``military departments''; and
(2) in subsection (f), by striking ``and the Secretaries of
the military departments'' and inserting ``, the Secretaries of
the military departments, and the Secretary of the Department
in which the Coast Guard is operating''.
SEC. 556. DEGREE GRANTING AUTHORITY FOR UNITED STATES ARMY ARMAMENT
GRADUATE SCHOOL.
(a) In General.--Chapter 751 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 7422. Degree granting authority for United States Army Armament
Graduate School
``(a) Authority.--Under regulations prescribed by the Secretary of
the Army, the Chancellor of the United States Army Armament Graduate
School may, upon the recommendation of the faculty and provost of the
college, confer appropriate degrees upon graduates who meet the degree
requirements.
``(b) Limitation.--A degree may not be conferred under this section
unless--
``(1) the Secretary of Education has recommended approval
of the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
``(2) the United States Army Armament Graduate School is
accredited by the appropriate civilian academic accrediting
agency or organization to award the degree, as determined by
the Secretary of Education.
``(c) Congressional Notification Requirements.--(1) When seeking to
establish degree granting authority under this section, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives--
``(A) a copy of the self-assessment questionnaire required
by the Federal Policy Governing Granting of Academic Degrees by
Federal Agencies, at the time the assessment is submitted to
the Department of Education's National Advisory Committee on
Institutional Quality and Integrity; and
``(B) the subsequent recommendations and rationale of the
Secretary of Education regarding the establishment of the
degree granting authority.
``(2) Upon any modification or redesignation of existing degree
granting authority, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives
a report containing the rationale for the proposed modification or
redesignation and any subsequent recommendation of the Secretary of
Education on the proposed modification or redesignation.
``(3) The Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report
containing an explanation of any action by the appropriate academic
accrediting agency or organization not to accredit the United States
Army Armament Graduate School to award any new or existing degree.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``7422. Degree granting authority for United States Army Armament
Graduate School.''.
SEC. 557. CONGRESSIONAL NOMINATIONS FOR SENIOR RESERVE OFFICERS'
TRAINING CORPS SCHOLARSHIPS.
Section 7442 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(k) Any candidate not nominated under paragraphs (3) through (10)
of subsection (a) may be considered by the Secretary of the Army in
order of merit for appointment as a Senior Reserve Officers' Training
Corps cadet under section 2107 of this title.''.
SEC. 558. CONSIDERATION OF APPLICATION FOR TRANSFER FOR A STUDENT OF A
MILITARY SERVICE ACADEMY WHO IS THE VICTIM OF A SEXUAL
ASSAULT OR RELATED OFFENSE.
(a) Military Academy.--Section 7461 of title 10, United States
Code, is amended by adding at the end the following new subsection:
``(e) Consideration of Application for Transfer for a Cadet Who Is
the Victim of a Sexual Assault or Related Offense.--(1) The Secretary
of the Army shall provide for timely determination and action on an
application for consideration of a transfer to another military service
academy submitted by a cadet who was a victim of a sexual assault or
other offense covered by section 920, 920a, or 920c of this title
(article 120, 120a, or 120c of the Uniform Code of Military Justice) so
as to reduce the possibility of retaliation against the cadet for
reporting the sexual assault or other offense.
``(2) The Secretary of the Army shall prescribe regulations to
carry out this subsection, within guidelines provided by the Secretary
of Defense that direct the Superintendent of the Military Academy, in
coordination with the Superintendent of the military service academy to
which the cadet wishes to transfer--
``(A) to approve or deny an application under this
subsection not later than 72 hours after the submission of the
application; and
``(B) to approve such application unless there are
exceptional circumstances that require denial of the
application.
``(3) If the Superintendent of the Military Academy or the
Superintendent of the military service academy to which the cadet
wishes to transfer denies an application under this subsection, the
cadet may request review of the denial by the Secretary concerned, who
shall grant or deny review not later than 72 hours after submission of
the request for review.
``(4) The Secretary concerned shall ensure that all records of any
request, determination, or action under this subsection remain
confidential.
``(5) A cadet who transfers under this subsection may retain the
cadet's appointment to the Military Academy or may be appointed to the
military service academy to which the cadet transfers without regard to
the limitations and requirements set forth in sections 7442, 8454, and
9442 of this title.''.
(b) Naval Academy.--Section 8480 of title 10, United States Code,
is amended by adding at the end the following new subsection:
``(e) Consideration of Application for Transfer for a Midshipman
Who Is the Victim of a Sexual Assault or Related Offense.--(1) The
Secretary of the Navy shall provide for timely determination and action
on an application for consideration of a transfer to another military
service academy submitted by a midshipman who was a victim of a sexual
assault or other offense covered by section 920, 920a, or 920c of this
title (article 120, 120a, or 120c of the Uniform Code of Military
Justice) so as to reduce the possibility of retaliation against the
midshipman for reporting the sexual assault or other offense.
``(2) The Secretary of the Navy shall prescribe regulations to
carry out this subsection, within guidelines provided by the Secretary
of Defense that direct the Superintendent of the Naval Academy, in
coordination with the Superintendent of the military service academy to
which the midshipman wishes to transfer--
``(A) to approve or deny an application under this
subsection not later than 72 hours after the submission of the
application; and
``(B) to approve such application unless there are
exceptional circumstances that require denial of the
application.
``(3) If the Superintendent of the Naval Academy or the
Superintendent of the military service academy to which the midshipman
wishes to transfer denies an application under this subsection, the
midshipman may request review of the denial by the Secretary concerned,
who shall grant or deny review not later than 72 hours after submission
of the request for review.
``(4) The Secretary concerned shall ensure that all records of any
request, determination, or action under this subsection remain
confidential.
``(5) A midshipman who transfers under this subsection may retain
the midshipman's appointment to the Naval Academy or may be appointed
to the military service academy to which the midshipman transfers
without regard to the limitations and requirements set forth in
sections 7442, 8454, and 9442 of this title.''.
(c) Air Force Academy.--Section 9461 of title 10, United States
Code, is amended by adding at the end the following new subsection:
``(e) Consideration of Application for Transfer for a Cadet Who Is
the Victim of a Sexual Assault or Related Offense.--(1) The Secretary
of the Air Force shall provide for timely determination and action on
an application for consideration of a transfer to another military
service academy submitted by a cadet who was a victim of a sexual
assault or other offense covered by section 920, 920a, or 920c of this
title (article 120, 120a, or 120c of the Uniform Code of Military
Justice) so as to reduce the possibility of retaliation against the
cadet for reporting the sexual assault or other offense.
``(2) The Secretary of the Air Force shall prescribe regulations to
carry out this subsection, within guidelines provided by the Secretary
of Defense that direct the Superintendent of the Air Force Academy, in
coordination with the Superintendent of the military service academy to
which the cadet wishes to transfer--
``(A) to approve or deny an application under this
subsection not later than 72 hours after the submission of the
application; and
``(B) to approve such application unless there are
exceptional circumstances that require denial of the
application.
``(3) If the Superintendent of the Air Force Academy or the
Superintendent of the military service academy to which the cadet
wishes to transfer denies an application under this subsection, the
cadet may request review of the denial by the Secretary concerned, who
shall grant or deny review not later than 72 hours after submission of
the request for review.
``(4) The Secretary concerned shall ensure that all records of any
request, determination, or action under this subsection remain
confidential.
``(5) A cadet who transfers under this subsection may retain the
cadet's appointment to the Air Force Academy or may be appointed to the
military service academy to which the cadet transfers without regard to
the limitations and requirements set forth in sections 7442, 8454, and
9442 of this title.''.
SEC. 559. REDESIGNATION OF THE COMMANDANT OF THE UNITED STATES AIR
FORCE INSTITUTE OF TECHNOLOGY AS THE DIRECTOR AND
CHANCELLOR OF SUCH INSTITUTE.
(a) Redesignation.--Section 9414b(a) of title 10, United States
Code, is amended--
(1) in the subsection heading, by striking ``Commandant''
and inserting ``Director and Chancellor'';
(2) by striking ``Commandant'' each place it appears and
inserting ``Director and Chancellor''; and
(3) in the heading of paragraph (3), by striking
``Commandant'' and inserting ``Director and Chancellor''.
(b) Conforming Amendment.--Section 9414 of such title is amended by
striking ``Commandant'' both places it appears and inserting ``Director
and Chancellor''.
(c) References.--Any reference in any law, regulation, map,
document, paper, or other record of the United States to the Commandant
of the United States Air Force Institute of Technology shall be deemed
to be a reference to the Director and Chancellor of the United States
Air Force Institute of Technology.
SEC. 560. ELIGIBILITY OF ADDITIONAL ENLISTED MEMBERS FOR ASSOCIATE
DEGREE PROGRAMS OF THE COMMUNITY COLLEGE OF THE AIR
FORCE.
Section 9415(b) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3) Enlisted members of the armed forces other than the
Air Force who are participating in Community College of the Air
Force affiliated joint-service training and education
courses.''.
SEC. 560A. SAFE-TO-REPORT POLICY APPLICABLE TO MILITARY SERVICE
ACADEMIES.
(a) In General.--The Secretary of Defense, in consultation with the
Secretaries of the military departments, shall prescribe in regulations
a safe-to-report policy described in subsection (b) that applies with
respect to cadets and midshipmen at the military service academies.
(b) Safe-to-Report Policy.--The safe-to-report policy described in
this subsection is a policy under which a cadet or midshipman at a
military service academy who is the alleged victim of sexual assault,
but who may have committed minor collateral misconduct at or about the
time of such sexual assault, or whose minor collateral misconduct is
discovered only as a result of the investigation into such sexual
assault, may report such sexual assault to proper authorities without
fear or receipt of discipline in connection with such minor collateral
misconduct.
(c) Minor Collateral Misconduct.--For purposes of the safe-to-
report policy, minor collateral misconduct shall include any of the
following:
(1) Improper use or possession of alcohol.
(2) Consensual intimate behavior or fraternization with
another cadet or midshipman.
(3) Presence in an off-limits area.
(4) Such other misconduct as the Secretary of Defense shall
specify in the regulations under subsection (a).
(d) Military Service Academy Defined.--In this section, the term
``military service academy'' means the following:
(1) The United States Military Academy.
(2) The United States Naval Academy.
(3) The United States Air Force Academy.
(4) The United States Coast Guard Academy.
SEC. 560B. RECOUPMENT OF FUNDS FROM CADETS AND MIDSHIPMEN SEPARATED FOR
CRIMINAL MISCONDUCT.
Not later than September 30, 2020, each Secretary of a military
department shall prescribe regulations by which the Superintendent of a
military service academy under the jurisdiction of the Secretary shall,
pursuant to section 303a(e) of title 37, United States Code, recoup the
cost of advanced education received by a cadet or midshipman who is
separated from that military service academy--
(1) at any time before the cadet or midshipman graduates
from the military service academy; and
(2) for criminal misconduct by the cadet or midshipman.
SEC. 560C. COMMISSION OF GRADUATES OF THE MILITARY SERVICE ACADEMIES AS
OFFICERS.
(a) Military Academy.--Section 7453(b) of title 10, United States
Code, is amended by striking ``may'' and inserting ``shall''.
(b) Naval Academy.--Section 8467 of title 10, United States Code,
is amended--
(1) by striking the heading and inserting ``Midshipmen:
degree and commission on graduation'';
(2) by inserting ``(a)'' before ``Under''; and
(3) by adding at the end the following new subsection:
``(b) Notwithstanding any other provision of law, a midshipman who
completes the prescribed course of instruction shall, upon graduation,
be appointed an ensign in the Regular Navy or a second lieutenant in
the Marine Corps under section 531 of this title.''.
(c) Air Force Academy.--Section 9453(b) of title 10, United States
Code, is amended by striking ``may'' and inserting ``shall''.
SEC. 560D. SUPPORT OF MILITARY SERVICE ACADEMY FOUNDATIONS.
(a) In General.--Chapter 155 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2616. Support of military service academy foundations
``(a) Authority.--Subject to subsection (b), the Secretary
concerned may provide the following support to a covered foundation:
``(1) Participation in fundraising or a membership drive
for the covered foundation by any--
``(A) general or flag officer;
``(B) Senior Executive Service employee assigned to
the service academy supported by that covered
foundation; or
``(C) official designated by the Secretary
concerned.
``(2) Endorsement by an individual described in paragraph
(1) of--
``(A) the covered foundation;
``(B) an event of the covered foundation; or
``(C) an activity of the covered foundation.
``(b) Limitations.--Support under subsection (a) may be provided
only if such support--
``(1) is without any liability of the United States to the
covered foundation;
``(2) does not affect the ability of any official or
employee of the Department of Defense or the Department of
Homeland Security, or any member of the armed forces, to carry
out any responsibility or duty in a fair and objective manner;
``(3) does not compromise the integrity or appearance of
integrity of any program of the Department of Defense or the
Department of Homeland Security, or any individual involved in
such a program; and
``(4) does not include the participation of any cadet or
midshipman.
``(c) Briefing.--In any fiscal year during which support is
provided under subsection (a), the Secretary concerned shall provide a
briefing not later than the last day of that fiscal year to the
congressional defense committees regarding the following:
``(1) The number of events, activities, or fundraising or
membership drives of a covered foundation in which an
individual described in subsection (a)(1) participated during
such fiscal year.
``(2) The amount of funds raised for each covered
foundation during each such event, activity, or drive.
``(3) Each designated purpose of funds described in
paragraph (2).
``(d) Covered Foundation Defined.--In this section, the term
`covered foundation' means a charitable, educational, or civic
nonprofit organization under section 501(c)(3) of the Internal Revenue
Code of 1986, that the Secretary concerned determines operates
exclusively to support, with respect to a military service academy, any
of the following:
``(1) Recruiting.
``(2) Parent or alumni development.
``(3) Academic, leadership, or character development.
``(4) Institutional development.
``(5) Athletics.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2616. Support of military service academy foundations.''.
SEC. 560E. REQUIREMENT TO CONTINUE PROVISION OF TUITION ASSISTANCE FOR
MEMBERS OF THE ARMED FORCES.
The Secretary of each military department shall carry out tuition
assistance programs for members of an Armed Force under the
jurisdiction of that Secretary during fiscal year 2020 using an amount
not less than the sum of any amounts appropriated for tuition
assistance for members of that Armed Force for fiscal year 2020.
SEC. 560F. REVIEW OF INSTITUTIONS OF HIGHER EDUCATION PARTICIPATING IN
THE DEPARTMENT OF DEFENSE TUITION ASSISTANCE PROGRAM.
(a) List of Participating Institutions.--
(1) In general.--The Secretary of Defense shall make
available, on a publicly accessible website of the Department
of Defense, a list that identifies--
(A) each institution of higher education that
receives funds under the Department of Defense Tuition
Assistance Program; and
(B) the amount of such funds received by the
institution.
(2) Annual updates.--The Secretary of Defense shall update
the list described in paragraph (1) not less frequently than
once annually.
(b) Audit of Certain Institutions.--
(1) In general.--The Secretary of Defense shall audit the
eligibility a proprietary institution of higher education to
participate in the Department of Defense Tuition Assistance
Program if the institution does not meet the financial
responsibility standards under section 498 of the Higher
Education Act of 1965 (20 U.S.C. 1099c).
(2) Publication required.--The results of each audit
conducted under paragraph (1) shall be made available on a
publicly accessible website of the Department of Defense not
later than 30 days after the date on which the audit is
complete.
SEC. 560G. INCLUSION OF INFORMATION ON FREE CREDIT MONITORING IN ANNUAL
FINANCIAL LITERACY BRIEFING.
The Secretary of each military department shall ensure that the
annual financial literacy education briefing provided to servicemembers
includes information on the availability of free credit monitoring
services pursuant to section 605A(k) of the Fair Credit Reporting Act
(15 U.S.C. 1681c-1(k)).
SEC. 560H. SPEECH DISORDERS OF CADETS AND MIDSHIPMEN.
(a) Testing.--The Superintendent of a military service academy
shall provide testing for speech disorders to incoming cadets or
midshipmen under the jurisdiction of that Superintendent.
(b) No Effect on Admission.--The testing under subsection (a) may
not have any affect on admission to a military service academy.
(c) Results.--The Superintendent shall provide each cadet or
midshipman under the jurisdiction of that Superintendent the result of
the testing under subsection (a) and a list of warfare unrestricted
line officer positions and occupation specialists that require
successful performance on the speech test.
(d) Therapy.--The Superintendent shall furnish speech therapy to a
cadet or midshipman under the jurisdiction of that Superintendent at
the election of the cadet or midshipman.
(e) Retaking.--A cadet or midshipman whose testing indicate a
speech disorder or impediment may elect to retake the testing once each
academic year while enrolled at the military service academy.
Subtitle G--Member Training and Transition
SEC. 561. PROHIBITION ON GENDER-SEGREGATED TRAINING AT MARINE CORPS
RECRUIT DEPOTS.
(a) Parris Island.--
(1) Prohibition.--Subject to paragraph (2), training at the
Marine Corps Recruit Depot, Parris Island, South Carolina, may
not be segregated based on gender.
(2) Deadline.--The Commandant of the Marine Corps shall
carry out this subsection not later than five years after the
date of the enactment of this Act.
(b) San Diego.--
(1) Prohibition.--Subject to paragraph (2), training at the
Marine Corps Recruit Depot, San Diego, California, may not be
segregated based on gender.
(2) Deadline.--The Commandant of the Marine Corps shall
carry out this subsection not later than eight years after the
date of the enactment of this Act.
SEC. 562. MEDICAL PERSONNEL AT MARINE CORPS RECRUIT DEPOTS.
Not later than September 30, 2020, the Secretary of the Navy, in
coordination with the Navy Medical Department, shall--
(1) assign personnel to the Marine Recruit Training
Regiment at each Marine Corps Recruit Depot who--
(A) possess sufficient medical training and
equipment to evaluate sick recruits; and
(B) is capable of determining whether a recruit
requires emergent care; and
(2) ensure such personnel is available after business hours
in order to advise personnel regarding the course of action for
managing a sick recruit.
SEC. 563. ASSESSMENT OF DEATHS OF RECRUITS UNDER THE JURISDICTION OF
THE SECRETARY OF THE NAVY.
(a) Assessment.--The Inspector General of the Department of Defense
shall conduct an assessment of the deaths of recruits at facilities
under the jurisdiction of the Secretary of the Navy, and the
effectiveness of the current medical protocols on the training bases.
(b) Report.--Not later than September 30, 2020, the Inspector
General shall submit to the Committees on Armed Services of the Senate
and the House of Representative a report containing the results of the
assessment conducted under subsection (a). The report shall include the
following:
(1) The number of recruits who died during basic training
in the five years preceding the date of the report.
(2) The causes of deaths described in paragraph (1).
(3) The types of medical treatment that was provided to
recruits described in paragraph (1).
(4) Whether any of the deaths identified under paragraph
(1) were found to be a result of medical negligence.
(5) A description of medical capabilities and personnel
available to the recruits at each facility.
(6) A description of medical resources accessible to the
recruits at the company level at each facility.
(7) A description of 24-hour medical resources available to
recruits at each facility.
(8) An evaluation of the guidelines and resources in place
to monitor sick recruits.
(9) An evaluation of how supervisors evaluate and determine
whether a sick recruit should continue training or further seek
medical assistance.
(10) An evaluation of how the Secretary of the Navy can
increase visibility of the comprehensive medical status of a
sick recruit to instructors and supervisors in order to provide
better situational awareness of the such medical status.
(11) An evaluation of how to improve and medical care for
recruits.
SEC. 564. INCLUSION OF SPECIFIC EMAIL ADDRESS BLOCK ON CERTIFICATE OF
RELEASE OR DISCHARGE FROM ACTIVE DUTY (DD FORM 214).
(a) Modification Required.--The Secretary of Defense shall modify
the Certificate of Release or Discharge from Active Duty (DD Form 214)
to include a specific block explicitly identified as the location in
which a member of the Armed Forces may provide one or more email
addresses by which the member may be contacted after discharge or
release from active duty in the Armed Forces.
(b) Deadline for Modification.--The Secretary of Defense shall
release a revised Certificate of Release or Discharge from Active Duty
(DD Form 214), modified as required by subsection (a), not later than
one year after the date of the enactment of this Act.
SEC. 565. MACHINE READABILITY AND ELECTRONIC TRANSFERABILITY OF
CERTIFICATE OF RELEASE OR DISCHARGE FROM ACTIVE DUTY (DD
FORM 214).
(a) Modification Required.--The Secretary of Defense shall modify
the Certificate of Release or Discharge from Active Duty (DD Form 214)
to be machine readable and electronically transferable.
(b) Deadline for Modification.--The Secretary of Defense shall
release a revised Certificate of Release or Discharge from Active Duty
(DD Form 214), modified pursuant to subsection (a), not later than four
years after the date of the enactment of this Act.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit a report
to Congress regarding the following:
(1) What systems of the Department of Defense require an
individual to manually enter information from DD Form 214.
(2) What activities of the Department of Defense require a
veteran or former member of the Armed Forces to provide a
physical copy of DD Form 214.
(3) The order of priority for modernizing items identified
under paragraphs (1) and (2) as determined by the Secretary.
(4) The estimated cost, as determined by the Secretary, to
automate items identified under paragraphs (1) and (2).
SEC. 566. RECORDS OF SERVICE FOR RESERVES.
(a) Establishment.--Not later than September 30, 2020, the
Secretary of Defense shall establish and implement a standard record of
service for members of the reserve components of the Armed Forces,
similar to DD Form 214, that summarizes the record of service of each
such member, including dates of active duty service.
(b) Coordination.--In carrying out this section, the Secretary of
Defense shall coordinate with the Secretary of Veterans Affairs to
ensure that the record established under this section is acceptable as
proof of service for former members of the reserve components of the
Armed Forces who are eligible for benefits under laws administered by
the Secretary of Veterans Affairs to receive such benefits.
SEC. 567. REQUIREMENT TO PROVIDE INFORMATION REGARDING BENEFITS CLAIMS
TO MEMBERS DURING TAP COUNSELING.
Section 1142(b) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(19) Information regarding how to file claims for
benefits available to the member under laws administered by the
Secretaries of Defense and Veterans Affairs.''.
SEC. 568. EXPANSION AND RENAMING OF THE TROOPS-TO-TEACHERS PROGRAM.
(a) Troops-to-Support-Education Program.--Section 1154 of title 10,
United States Code, is amended--
(1) in the section heading, by striking: ``employment as
teachers: Troops-to-Teachers Program'' and inserting
``employment in schools: Troops-to-Support-Education Program'';
(2) in subsection (a)--
(A) in paragraph (6), by striking ``Troops-to-
Teachers'' and inserting ``Troops-to-Support-
Education'';
(B) by redesignating paragraphs (7) and (8) as
paragraphs (9) and (10), respectively;
(C) by inserting after paragraph (6) the following
new paragraphs:
``(7) Qualifying position.--
``(A) Except as provided in subparagraph (B), the
term `qualifying position' means any full-time position
in an eligible school, including a position as:
``(i) a teacher, including an elementary
school teacher, a secondary school teacher, or
a career or technical education teacher;
``(ii) a school resource officer;
``(iii) a school leader;
``(iv) specialized instructional support
personnel;
``(v) a paraprofessional; or
``(vi) other staff.
``(B) Such term does not include a position that
is--
``(i) performed primarily at a location
outside the grounds of an eligible school; or
``(ii) held by an individual who is
employed by a contractor.
``(8) School resource officer.--The term `school resource
officer' has the meaning given that term in section 1709(4) of
the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10389(4)).''; and
(D) by amending paragraph (10), as so redesignated,
to read as follows:
``(10) Additional terms.--The terms `elementary school',
`local educational agency', `other staff', `paraprofessional',
`school leader', `secondary school', `specialized instructional
support personnel', and `State' have the meanings given those
terms in section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).'';
(3) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``Troops-to-Teachers'' and inserting ``Troops-
to-Support-Education''; and
(B) in paragraph (1), by striking ``become a
teacher'' and inserting ``obtain a qualifying
position'';
(C) in paragraph (2)(A)--
(i) in clause (i), by striking ``or'' at
the end;
(ii) in cluase (ii), by striking ``and'' at
the end and inserting ``or''; and
(iii) by adding at the end the following
new clause:
``(iii) experiencing a shortage of
personnel to fill qualifying positions;
and'';
(4) in subsection (d)(3)--
(A) by redesignating subparagraph (D) as
subparagraph (E); and
(B) by inserting after subparagraph (C) the
following new subparagraph:
``(D) If a member of the armed forces is applying for the
Program to receive assistance for placement in a qualifying
position other than a position as a teacher described in
subparagraph (B) or subparagraph (C), the Secretary shall
require the member to obtain the professional credentials that
are required by the State for the position involved.'';
(5) in subsection (e)--
(A) in paragraph (1)(A)--
(i) in clause (i), by striking ``become a
teacher'' and inserting ``obtain a qualifying
position''; and
(ii) in clause (ii), by striking ``as an
elementary school teacher'' and all that
follows through the period at the end and
inserting ``in a qualifying position for not
less than three school years in an eligible
school to begin the school year after the
member obtains the professional credentials
required for the position involved'';
(B) in paragraph (2)(E), by striking ``as a teacher
in an eligible elementary school or secondary school or
as a career or technical teacher'' and inserting ``in a
qualifying position''; and
(C) in paragraph (3)--
(i) in subparagraph (A), by striking
``educational level, certification, or
licensing'' and inserting ``educational level,
certification, licensing, or other professional
credentials'';
(ii) in subparagraph (B)(i), by striking
``as an elementary school teacher, secondary
school teacher, or career or technical
teacher'' and inserting ``in a qualifying
position''; and
(iii) in subparagraph (C)--
(I) in clause (i), by striking
``5,000'' and inserting ``7500''; and
(II) in clause (ii), by striking
``3,000'' and inserting ``4500'';
(6) in subsection (f)(1)--
(A) in subparagraph (A)--
(i) by striking ``become a teacher'' and
inserting ``obtain a qualifying position''; and
(ii) by striking ``as an elementary school
teacher, secondary school teacher, or career or
technical teacher'' and insert ``in a
qualifying position''; and
(B) in subparagraph (B), by striking ``, employment
as an elementary school teacher, secondary school
teacher, or career or technical teacher'' and inserting
``employment in a qualifying position'';
(7) in subsection (h)(2)(A) by striking ``as elementary
school teachers, secondary school teachers, and career or
technical teachers'' and inserting ``in qualifying positions'';
(8) in subsection (i), by striking ``$15,000,000'' and
inserting ``$20,000,000''; and
(9) by adding at the end the following new subsection:
``(j) Public-private Partnership.--
``(1) In general.--The Secretary may enter into one or more
partnerships with nonprofit entities, including veterans
service organizations, to assist with the placement of
participants in eligible schools in accordance with this
section.
``(2) Nonprofit entity defined.--In this subsection, the
term `nonprofit entity' means an entity qualifying as an exempt
organization under section 501(c)(3) of the Internal Revenue
Code of 1986.''.
(b) Conforming Amendment and References.--
(1) Table of sections.--The table of sections at the
beginning of chapter 58 of such title is amended by striking
the item relating to section 1154 and inserting the following
new item:
``1154. Assistance to eligible members and former members to obtain
employment in schools: Troops-to-Support-
Education Program.''.
(2) References.--Any reference in Federal law (other than
this Act), regulations, guidance, instructions, or other
documents of the Federal Government to the Troops-to-Teachers
Program shall be deemed to be a reference to the Troops-to-
Support-Education Program.
SEC. 569. TRANSITION OUTREACH PILOT PROGRAM.
(a) Establishment.--Not later than 90 days after the enactment of
this Act, the Secretary of Defense, in coordination with the
Secretaries of Veterans Affairs, Labor, Education, and Homeland
Security, and the Administrator of the Small Business Administration,
shall establish a pilot program through the Transition to Veterans
Program Office that fosters contact between veterans and the Department
of Defense.
(b) Contact.--The Secretary of Defense, and with respect to members
of the Coast Guard, the Secretary of the Department in which the Coast
Guard is operating when it is not operating as a service in the Navy,
shall direct the Military Transition Assistance Teams of the Department
of Defense to contact each veteran from the Armed Forces at least twice
during each of the first three months after the veteran separates from
the Armed Forces to--
(1) inquire about the transition of the separated member to
civilian life, including--
(A) employment;
(B) veterans benefits;
(C) education;
(D) family life; and
(2) hear concerns of the veteran regarding transition.
(c) Termination.--The Secretary shall complete operation of the
pilot program under this section not later than September 30, 2020.
(d) Report.--Not later than 90 days after termination of the pilot
program under this section, the Secretary of Defense shall submit a
report to Congress regarding such pilot program, including the
following, disaggregated by armed force:
(1) The number of veterans contacted, including how many
times such veterans were contacted.
(2) Information regarding the age, sex, and geographic
region of contacted veterans.
(3) Concerns most frequently raised by the veterans.
(4) What benefits the contacted veterans have received, and
an estimate of the cost to the Federal Government for such
benefits.
(5) How many contacted veterans are employed or have sought
employment, including what fields of employment.
(6) How many contacted veterans are enrolled or have sought
to enroll in a course of education, including what fields of
study.
(7) Recommendations for legislation to improve the long-
term effectiveness of TAP and the well-being of veterans.
(e) Definitions.--In this section:
(1) The term ``armed force'' has the meaning given that
term in section 101 of title 10, United States Code.
(2) The term ``TAP'' means the Transition Assistance
Program under sections 1142 and 1144 of title 10, United States
Code.
(3) The term ``veteran'' has the meaning given that term in
section 101 of title 38, United States Code.
SEC. 570. TRAINING PROGRAM REGARDING DISINFORMATION CAMPAIGNS.
(a) Establishment.--Not later than September 30, 2020, the
Secretary of Defense shall establish a program for training members of
the Armed Forces and employees of the Department of Defense regarding
the threat of disinformation campaigns specifically targeted at such
individuals and the families of such individuals.
(b) Report Required.--Not later than October 30, 2020, the
Secretary of Defense shall submit a report to the congressional defense
committees regarding the program under subsection (a).
SEC. 570A. ASSESSMENT AND STUDY OF TRANSITION ASSISTANCE PROGRAM.
(a) One-Year Independent Assessment of the Effectiveness of TAP.--
(1) Independent assessment.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Veterans Affairs, in consultation with the covered officials,
shall enter into an agreement with an appropriate entity with
experience in adult education to carry out a 1-year independent
assessment of TAP, including--
(A) the effectiveness of TAP for members of each
military department during the entire military life
cycle;
(B) the appropriateness of the TAP career readiness
standards;
(C) a review of information that is provided to the
Department of Veterans Affairs under TAP, including
mental health data;
(D) whether TAP effectively addresses the
challenges veterans face entering the civilian
workforce and in translating experience and skills from
military service to the job market;
(E) whether TAP effectively addresses the
challenges faced by the families of veterans making the
transition to civilian life;
(F) appropriate metrics regarding TAP outcomes for
members of the Armed Forces one year after separation,
retirement, or discharge from the Armed Forces;
(G) what the Secretary, in consultation with the
covered officials and veterans service organizations
determine to be successful outcomes for TAP;
(H) whether members of the Armed Forces achieve
successful outcomes for TAP, as determined under
subparagraph (G);
(I) how the Secretary and the covered officials
provide feedback to each other regarding such outcomes;
(J) recommendations for the Secretaries of the
military departments regarding how to improve outcomes
for members of the Armed Forces after separation,
retirement, and discharge; and
(K) other topics the Secretary and the covered
officials determine would aid members of the Armed
Forces as they transition to civilian life.
(2) Report.--Not later than 90 days after the completion of
the independent assessment under paragraph (1), the Secretary
and the covered officials, shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives
and the Committees on Armed Services of the Senate and House of
Representatives--
(A) the findings and recommendations (including
recommended legislation) of the independent assessment
prepared by the entity described in paragraph (1); and
(B) responses of the Secretary and the covered
officials to the findings and recommendations described
in subparagraph (G).
(3) Definitions.--In this section:
(A) The term ``covered officials'' is comprised
of--
(i) the Secretary of Defense;
(ii) the Secretary of Labor;
(iii) the Administrator of the Small
Business Administration; and
(iv) the Secretaries of the military
departments.
(B) The term ``military department'' has the
meaning given that term in section 101 of title 10,
United States Code.
(b) Longitudinal Study on Changes to TAP.--
(1) Study.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs, in
consultation with the Secretaries of Defense and Labor and the
Administrator of the Small Business Administration, shall
conduct a five-year longitudinal study regarding TAP on three
separate cohorts of members of the Armed Forces who have
separated from the Armed Forces, including--
(A) a cohort that has attended TAP counseling as
implemented on the date of the enactment of this Act;
(B) a cohort that attends TAP counseling after the
Secretaries of Defense and Labor implement changes
recommended in the report under subsection a(2); and
(C) a cohort that has not attended TAP counseling.
(2) Progress reports.--Not later than 90 days after the day
that is one year after the date of the initiation of the study
under paragraph (1) and annually thereafter for the three
subsequent years, the Secretaries of Veterans Affairs, Defense,
and Labor, and the Administrator of the Small Business
Administration, shall submit to the Committees on Veterans'
Affairs of the Senate and House of Representatives and the
Committees on Armed Services of the Senate and House of
Representatives a progress report of activities under the study
during the immediately preceding year.
(3) Final report.--Not later than 180 days after the
completion of the study under paragraph (1), the Secretaries of
Veterans Affairs, Defense, and Labor, and the Administrator of
the Small Business Administration, shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives and the Committees on Armed Services of the
Senate and House of Representatives a report of final findings
and recommendations based on the study.
(4) Elements.--The final report under paragraph (3) shall
include information regarding the following:
(A) The percentage of each cohort that received
unemployment benefits during the study.
(B) The numbers of months members of each cohort
were employed during the study.
(C) Annual starting and ending salaries of members
of each cohort who were employed during the study.
(D) How many members of each cohort enrolled in an
institution of higher learning, as that term is defined
in section 3452(f) of title 38, United States Code.
(E) The academic credit hours, degrees, and
certificates obtained by members of each cohort during
the study.
(F) The annual income of members of each cohort.
(G) The total household income of members of each
cohort.
(H) How many members of each cohort own their
principal residences.
(I) How many dependents that members of each cohort
have.
(J) The percentage of each cohort that achieves a
successful outcome for TAP, as determined under
subsection (1)(G).
(K) Other criteria the Secretaries and the
Administrator of the Small Business Administration
determine appropriate.
SEC. 570B. INFORMATION REGARDING COUNTY VETERANS SERVICE OFFICERS.
(a) Provision of Information.--The Secretary of Defense shall
ensure that a member of the Armed Forces who is separating or retiring
from the Armed Forces may elect to have the Department of Defense form
DD-214 of the member transmitted to the appropriate county veterans
service officer based on the mailing address provided by the member.
(b) Database.--The Secretary of Defense, in coordination with the
Secretary of Veterans Affairs, shall maintain a database of all county
veterans service officers.
(c) County Veterans Service Officer Defined.--In this section, the
term ``county veterans service officer'' means an employee of a county
government, local government, or Tribal government who is covered by
section 14.629(a)(2) of title 38, Code of Federal Regulations.
SEC. 570C. PILOT PROGRAM TO IMPROVE INFORMATION SHARING BETWEEN
DEPARTMENT OF DEFENSE AND DESIGNATED RELATIVES AND
FRIENDS OF MEMBERS OF THE ARMED FORCES REGARDING THE
EXPERIENCES AND CHALLENGES OF MILITARY SERVICE.
(a) Pilot Program Described.--
(1) Purpose.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall seek to
enter into an agreement with the American Red Cross to carry
out a pilot program under which the American Red Cross--
(A) encourages a member of the Armed Forces, upon
the enlistment or appointment of such member, to
designate up to 10 persons to whom information
regarding the military service of such member shall be
disseminated using contact information obtained under
paragraph (5); and
(B) provides such persons, within 30 days after the
date on which such persons were designated under
subparagraph (A), the option to elect to receive such
information regarding military service; and
(2) Types of information.--The types of information to be
disseminated under the pilot program to persons who elect to
receive information shall include information regarding--
(A) aspects of daily life and routine experienced
by members of the Armed Forces;
(B) the challenges and stresses of military
service, particularly during and after deployment as
part of a contingency operation;
(C) the services available to members of the Armed
Forces and the dependents of such members to cope with
the experiences and challenges of military service;
(D) benefits administered by the Department of
Defense for members of the Armed Forces and the
dependents of such members;
(E) a toll-free telephone number through which such
persons who elect to receive information under the
pilot program may request information regarding the
program; and
(F) such other information as the Secretary of
Defense determines to be appropriate.
(3) Privacy of information.--In carrying out the pilot
program under paragraph (1), the Secretary of Defense may not
disseminate information under paragraph (2) in violation of
laws and regulations pertaining to the privacy of members of
the Armed Forces, including requirements pursuant to--
(A) section 552a of title 5, United States Code;
and
(B) the Health Insurance Portability and
Accountability Act of 1996 (Public Law 104-191).
(4) Notice and modifications.--In carrying out the pilot
program under paragraph (1), the Secretary of Defense shall,
with respect to a member of the Armed Forces--
(A) ensure that such member is notified of the
ability to modify designations made by the member under
paragraph (1)(A); and
(B) upon the request of a member, authorize the
member to modify such designations at any time.
(5) Contact information.--In making a designation under the
pilot program, a member of the Armed Forces shall provide
necessary contact information, specifically including an email
address, to facilitate the dissemination of information
regarding the military service of the member.
(6) Opt-out of program.--In carrying out the pilot program
under paragraph (1), the Secretary of Defense shall, with
respect to a person who has elected to receive information
under such pilot program, cease disseminating such information
to that person upon request of such person.
(b) Survey and Report on Pilot Program.--
(1) Survey.--Not later than two years after the date on
which the pilot program commences, the Secretary of Defense, in
consultation with the American Red Cross, shall administer a
survey to persons who elected to receive information under the
pilot program, for the purpose of receiving feedback regarding
the quality of information disseminated under this section,
including whether such information appropriately reflects the
military career progression of members of the Armed Forces.
(2) Report.--Not later than three years after the date on
which the pilot program commences, the Secretary of Defense
shall submit to the congressional defense committees a final
report on the pilot program which includes--
(A) the results of the survey administered under
paragraph (1);
(B) a determination as to whether the pilot program
should be made permanent; and
(C) recommendations as to modifications necessary
to improve the program if made permanent.
(3) Congressional defense committees defined.--The term
``congressional defense committees'' has the meaning given that
term in section 101 of title 10, United States Code.
(c) Termination of Pilot Program.--The pilot program shall
terminate upon submission of the report required by subsection (b)(2).
SEC. 570D. REPORT REGARDING EFFECTIVENESS OF TRANSITION ASSISTANCE
PROGRAM FOR FEMALE MEMBERS OF THE ARMED FORCES.
Section 552(b)(4) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) is amended
by adding at the end the following:
``(E) The evaluation of the Secretary regarding the
effectiveness of the Transition Assistance Program for
female members of the Armed Forces.''.
SEC. 570E. NOTICE TO SEPARATING SERVICEMEMBERS OF RIGHTS UNDER THE
SERVICEMEMBERS CIVIL RELIEF ACT.
Section 105 of the Servicemembers Civil Relief Act (50 U.S.C. 3915)
is amended--
(1) by inserting ``(a) Initial Notice.--'' before ``The
Secretary concerned''; and
(2) by adding at the end the following new subsection:
``(b) Notice After Period of Military Service.--The Secretary
concerned shall ensure that a notice described in subsection (a) is
provided in writing to each person not sooner than 150 days after and
not later than 180 days after the date of the termination of a period
of military service of that person.''.
SEC. 570F. PILOT PROGRAM REGARDING ONLINE APPLICATION FOR THE
TRANSITION ASSISTANCE PROGRAM.
(a) Establishment.--The Secretary of Defense, the Secretary of
Veterans Affairs, and the Secretary of Labor should jointly carry out a
pilot program that creates a one-stop source for online applications
for the purposes of assisting members of the Armed Forces and Veterans
participating in the Transition Assistance Program (in this section
referred to as ``TAP'').
(b) Data Sources.--The online application shall, in part, aggregate
existing data from government resources and private sector under one
uniform resource locator for the purpose of assisting members of the
Armed Forces and veterans participating in TAP.
(c) Elements for Veterans and Members of the Armed Forces.--
(1) The online application shall be available as a mobile
online application available on multiple devices (including
smartphones and tablets), with responsive design, updated no
less than once per year, and downloadable from the two online
application stores most commonly used in the United States.
(2) The version of the online application accessible
through a desktop or laptop computer shall be compatible with
the most current versions of popular web browsers identified by
the Secretaries.
(3) The online application shall by accessible to
individuals with disabilities in accordance with section 508 of
the Rehabilitation Act of 1973 (29 U.S.C. 794d).
(4) The online application shall generate, for each
individual who uses the online application, a personalized
transition data dashboard that includes the following
information with regards to the location in which the
individual resides or intends to reside after separation from
the Armed Forces:
(A) A current list of employment opportunities
collected from employers.
(B) A current list of educational institutions.
(C) A current list of facilities of the Department
of Veterans Affairs.
(D) A current list of local veterans service
organizations.
(5) The dashboard under paragraph (4) shall include a list
of benefits for which an individual as a veteran or separated
member of the Armed Forces is eligible under the laws
administered by the Secretaries, including educational
assistance benefits.
(6) The dashboard under paragraph (4) shall keep track of
the time remaining before the expiration of the following:
(A) Any civilian career certification waiver based
on the military occupational specialty of the
individual.
(B) Any active security clearance of the
individual.
(7) The online application shall, to the extent
practicable, match all current military occupational
specialties, cross-referenced by grade, to current industries
and jobs.
(8) The online application shall permit an individual to
search jobs described in paragraph (4)(A) that match jobs
described in paragraph (7).
(9) The online application shall alert individuals of new
job opportunities relevant to the individual, based on military
occupational specialty, interest, and search criteria used by
the individual under paragraph (8).
(10) The online application shall permit an individual to
maintain a history of job searches and submitted job
applications.
(11) The online application shall include a resume
generator that is compliant with industry-standard applicant
tracking systems.
(12) The online application shall provide for career
training through the use of learning management software,
including training courses with a minimum of 100 soft skills
and business courses.
(13) The online application shall include a career
mentorship system, allowing individuals to communicate through
text, chat, video calling, and email, with mentors who can use
the online application to track the jobs mentees have applied
for, the training mentees have undertaken, and any other
appropriate mentorship matters.
(c) Elements for Employers.--
(1) The online application shall include a mechanism (to be
known as a ``military skills translator'') with which employers
may identify military occupational specialties that align with
jobs offered by the employers.
(2) The online application shall include a mechanism with
which employers may search for individuals seeking employment,
based criteria including military occupational specialty,
grade, education, civilian career category, and location.
(3) The online application shall provide online training
for employers regarding what military occupational specialties
relate to what jobs.
(d) Additional Requirements.--
(1) Cybersecurity.--To ensure the information of
individuals and employers is protected from breaches, the
Secretaries shall implement cybersecurity measures for the
online application. These measures shall include the following:
(A) A security certificate produced by the online
application that is updated each year of the pilot
program.
(B) The online application shall be hosted by a
provider the Secretaries determine to be secure and
reputable.
(C) Ensuring that the online application has a live
development team of dedicated engineers to address
immediate concerns. No more than half of such team may
be based outside the United States.
(D) Regular scans of the online application, host,
and server for vulnerabilities.
(E) The system must not have had a security breach
within the last 3 years.
(2) System stability.--To ensure system stability and
continuity, all elements of the online application must pass
testing no less than 1 year before the online application is
made available for use by individuals and employers.
(3) Prior providers barred.--No entity that applies to
become the provider of the online application may have served
as a contractor providing database management for TAP during
the 5 years preceding such online application.
(e) Assessments.--
(1) Interim assessments.--Not later than the dates that are
one and two years after the date of the commencement of the
pilot program, the Secretaries shall jointly assess the pilot
program.
(2) Final assessment.--Not later than the date that is
three years after the date of the commencement of the pilot
program, the Secretaries shall jointly carry out a final
assessment of the pilot program.
(3) Purpose.--The general objective of each assessment
under this subsection shall be to determine if the online
application under the pilot program assists participants in TAP
accomplish the goals of TAP, accounting for the individual
profiles of participants, including military experience and
geographic location.
(4) Elements.--Each assessment shall include the following:
(A) The aggregate number of profiles created on the
online application since the commencement of the pilot
program.
(B) Demographic information on individuals who use
the online application.
(C) The average amount time individuals, employers,
and community-based services providers, use the online
application each month, since the commencement of the
pilot program.
(D) A ranking of most frequently-used features of
the online application.
(E) A satisfaction survey of individuals who use
the online application during the periods of 30 days
and 180 days after separation from the Armed Forces.
(F) A report regarding the attendance of members of
the Armed Forces at online and in-person TAP classes.
(f) Report.--Not later than six months after completing the final
assessment under subsection (e)(2), the Secretaries shall submit a
report to Congress on its findings regarding the pilot program,
including recommendations for legislation.
SEC. 570G. INCLUSION OF QUESTION REGARDING IMMIGRATION STATUS ON
PRESEPARATION COUNSELING CHECKLIST (DD FORM 2648).
Not later than September 30, 2020, the Secretary of Defense shall
modify the preseparation counseling checklist for active component,
active guard reserve, active reserve, full time support, and reserve
program administrator service members (DD Form 2648) to include a
specific block wherein a member of the Armed Forces may indicate that
the member would like to receive information regarding the immigration
status of that member and expedited naturalization.
SEC. 570H. COUNSELING TO MEMBERS WHO ARE NOT CITIZENS OF THE UNITED
STATES.
(a) In General.--The Secretary concerned shall furnish to covered
individuals under the jurisdiction of that Secretary counseling
regarding how to apply for naturalization.
(b) Covered Individual Defined.--In this section, the term
``covered individual'' means a member of the Armed Forces who is not a
citizen of the United States.
Subtitle H--Military Family Readiness and Dependents' Education
SEC. 571. AUTHORIZING MEMBERS TO TAKE LEAVE FOR A BIRTH OR ADOPTION IN
MORE THAN ONE INCREMENT.
Section 701(i) of title 10, United States Code, is amended by
striking paragraph (5).
SEC. 572. DEFERRED DEPLOYMENT FOR MEMBERS WHO GIVE BIRTH.
Section 701 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(l) A member of the armed forces who gives birth may not be
deployed during the period of 12 months beginning on the date of such
birth except--
``(1) at the election of such member; and
``(2) with the approval of a health care provider employed
at a military medical treatment facility.''.
SEC. 573. AUTHORITY OF THE SECRETARY CONCERNED TO TRANSPORT REMAINS OF
A COVERED DECEDENT TO NO MORE THAN TWO PLACES SELECTED BY
THE PERSON DESIGNATED TO DIRECT DISPOSITION OF THE
REMAINS.
(a) Authority.--Section 1482(a)(8) of title 10, United States Code,
is amended to read as follows:
``(8)(A) Transportation of the remains, and travel and
transportation allowances as specified in regulations
prescribed under section 464 of title 37 for an escort of one
person, to the place, subject to subparagraph (B), selected by
the person designated to direct disposition of the remains or,
if such a selection is not made, to a national or other
cemetery which is selected by the Secretary and in which burial
of the decedent is authorized.
``(B) The person designated to direct disposition of the
remains may select two places under subparagraph (A) if the
second place is a national cemetery. If that person selects two
places, the Secretary concerned may pay for transportation to
the second place only by means of reimbursement under to
subsection (b).
``(C) When transportation of the remains includes
transportation by aircraft under section 562 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364; 10 U.S.C. 1482 note), the Secretary concerned
shall provide, to the maximum extent practicable, for delivery
of the remains by air to the commercial, general aviation, or
military airport nearest to the place selected by the
designee.''.
(b) Military Escort and Honor Guard Only to First Location.--
Section 562(b) of the John Warner National Defense Authorization Act
for Fiscal Year 2007 (Public Law 109-364; 10 U.S.C. 1482 note) is
amended by adding at the end the following: ``If the person designated
to direct disposition of the remains selects two places under such
section, the term means only the first of those two places.''.
SEC. 574. CLARIFICATION REGARDING ELIGIBILITY TO TRANSFER ENTITLEMENT
UNDER POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM.
Section 3319(j) of title 38, United States Code, is amended by
adding at the end the following new paragraph:
``(3) The Secretary of Defense may not prescribe any regulation
that would provide for a limitation on eligibility to transfer unused
education benefits to family members based on a maximum number of years
of service in the Armed Forces.''.
SEC. 575. ABSENTEE BALLOT TRACKING PROGRAM.
(a) Establishment and Operation of Program.--Section 102(h) of the
Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C.
20302(h)) is amended to read as follows:
``(h) Absentee Ballot Tracking Program.--
``(1) Requiring establishment and operation of program.--
The chief State election official, in coordination with local
election jurisdictions, shall establish and operate an absentee
ballot tracking program described in paragraph (2) for the use
of absent uniformed services voters and overseas voters.
``(2) Program described.--
``(A) Information on transmission and receipt of
absentee ballots.--An absentee ballot tracking program
described in this paragraph is a program under which--
``(i) the State or local election official
responsible for the transmission of absentee
ballots in an election for Federal office
operates procedures to track and confirm the
transmission of such ballots and to make
information on the transmission of such a
ballot available by means of online access
using the internet site of the official's
office; and
``(ii) the State or local election official
responsible for the receipt of absentee ballots
in an election for Federal office operates
procedures to track and confirm the receipt of
such ballots and (subject to subparagraph (B))
to make information on the receipt of such a
ballot available by means of online access
using the internet site of the official's
office.
``(B) Specific information on receipt of voted
absentee ballots.--The information required to be made
available under clause (ii) of subparagraph (A) with
respect to the receipt of a voted absentee ballot in an
election for Federal office shall include information
regarding whether the vote cast on the ballot was
counted, and, in the case of a vote which was not
counted, the reasons therefor. The appropriate State or
local election official shall make the information
described in the previous sentence available during the
30-day period that begins on the date on which the
results of the election are certified, or during such
earlier 30-day period as the official may provide.
``(3) Use of toll-free telephone number by officials
without internet site.--A program established and operated by a
State or local election official whose office does not have an
internet site may meet the requirements of paragraph (2) if the
official has established and operates a toll-free telephone
number that may be used to obtain the information on the
transmission or receipt of the absentee ballot which is
required under such paragraph.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to elections held during 2020 or any succeeding
year.
SEC. 576. ANNUAL STATE REPORT CARD.
Section 1111(h)(1)(C)(ii) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311(h)(1)(C)(ii)) is amended by striking ``on
active duty (as defined in section 101(d)(5) of such title)''.
SEC. 577. TRANSPORTATION OF REMAINS OF CASUALTIES; TRAVEL EXPENSES FOR
NEXT OF KIN.
(a) Transportation for Remains of a Member Who Dies Not in a
Theater of Combat Operations.--Section 562 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 10
U.S.C. 1482 note) is amended--
(1) in the heading, by striking ``dying in a theater of
combat operations''; and
(2) in subsection (a), by striking ``in a combat theater of
operations'' and inserting ``outside of the United States''.
(b) Transportation for Family.--The Secretary of Defense shall
revise Department of Defense Instruction 1300.18 to extend travel
privileges via Invitational Travel Authorization to family members of
members of the Armed Forces who die outside of the United States and
whose remains are returned to the United States through the mortuary
facility at Dover Air Force Base, Delaware.
SEC. 578. MEETINGS OF OFFICIALS OF THE DEPARTMENT OF DEFENSE WITH
SURVIVORS OF DECEASED MEMBERS OF THE ARMED FORCES.
(a) Chiefs of the Armed Forces.--The Secretary of Defense shall
direct the chiefs of the Armed Forces to meet periodically with
survivors of deceased members of the Armed Forces to receive feedback
from those survivors regarding issues affecting such survivors. The
Chief of the National Guard Bureau shall meet with survivors of
deceased members of the Air National Guard and the Army National Guard.
(b) Under Secretary of Defense for Personnel and Readiness.--The
Under Secretary of Defense for Personnel and Readiness shall meet
periodically with survivors of deceased members of the Armed Forces to
discuss policies of the Department of Defense regarding military
casualties and Gold Star families.
(c) Briefing.--Not later than April 1, 2020, the Under Secretary of
Defense for Personnel and Readiness shall brief the Committee on Armed
Services of the House of Representatives regarding policies established
and the results of the meetings under subsection (b).
SEC. 579. DIRECT EMPLOYMENT PILOT PROGRAM FOR MEMBERS OF THE NATIONAL
GUARD AND RESERVE, VETERANS, THEIR SPOUSES AND
DEPENDENTS, AND MEMBERS OF GOLD STAR FAMILIES.
(a) In General.--The Secretary of Defense may carry out a pilot
program to enhance the efforts of the Department of Defense to provide
job placement assistance and related employment services directly to
the following:
(1) Members of the National Guard and Reserves in reserve
active status.
(2) Veterans of the Armed Forces.
(3) Spouses and other dependents of individuals referred to
in paragraphs (1) and (2).
(4) Members of Gold Star Families.
(5) Spouses and other dependents of members of the Armed
Forces on active duty.
(b) Administration.--The pilot program shall be offered to, and
administered by, the adjutants general appointed under section 314 of
title 32, United States Code, or other officials in the States
concerned designated by the Secretary for purposes of the pilot
program.
(c) Cost-Sharing Requirement.--As a condition on the provision of
funds under this section to a State to support the operation of the
pilot program in the State, the State must agree to contribute an
amount, derived from non-Federal sources, equal to at least 50 percent
of the funds provided by the Secretary to the State under this section.
(d) Direct Employment Program Model.--The pilot program should
follow a job placement program model that focuses on working one-on-one
with individuals specified in subsection (a) to cost-effectively
provide job placement services, including services such as identifying
unemployed and underemployed individuals, job matching services, resume
editing, interview preparation, and post-employment follow up.
Development of the pilot program should be informed by existing State
direct employment programs for members of the reserve components and
veterans.
(e) Training.--The pilot program should draw on the resources
provided to transitioning members of the Armed Forces with civilian
training opportunities through the SkillBridge trainsition training
program administered by the Department of Defense.
(f) Evaluation.--The Secretary shall develop outcome measurements
to evaluate the success of the pilot program.
(g) Reporting Requirements.--
(1) Report required.--Not later than March 1, 2021, the
Secretary of Defense shall submit to the congressional defense
committees a report describing the results of the pilot
program. The Secretary shall prepare the report in coordination
with the Secretary of Veterans Affairs and the Chief of the
National Guard Bureau.
(2) Elements of report.--A report under paragraph (1) shall
include the following:
(A) A description and assessment of the
effectiveness and achievements of the pilot program,
including the number of members of the reserve
components and veterans of the Armed Forces hired and
the cost-per-placement of participating members and
veterans.
(B) An assessment of the impact of the pilot
program and increased reserve component employment
levels on the readiness of members of the reserve
components and on the retention of members of the Armed
Forces.
(C) A comparison of the pilot program to other
programs conducted by the Department of Defense and
Department of Veterans Affairs to provide unemployment
and underemployment support to members of the reserve
components and veterans of the Armed Forces, including
the best practices developed through and used in such
programs.
(D) An assessment of the pilot program's minority
outreach efforts, participation outcomes, and
participation rates for individuals specified under
subsection (a).
(E) Any other matters considered appropriate by the
Secretary of Defense.
(h) Duration of Authority.--The authority to carry out the pilot
program expires on September 30, 2023, except that the Secretary may,
at the Secretary's discretion, extend the pilot program for not more
than two additional fiscal years.
SEC. 580. CONTINUED ASSISTANCE TO SCHOOLS WITH SIGNIFICANT NUMBERS OF
MILITARY DEPENDENT STUDENTS.
(a) Assistance to Schools With Significant Numbers of Military
Dependent Students.--Of the amount authorized to be appropriated for
fiscal year 2020 in Division D of this Act and available for operation
and maintenance for Defense-wide activities as specified in the funding
table in Section 4301 of this Act, $40,000,000 shall be available only
for the purpose of providing assistance to local educational agencies
under subsection (a) of section 572 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 20 U.S.C.
7703b).
(b) Impact Aid for Children With Severe Disabilities.--Of the
amount authorized to be appropriated for fiscal year 2020 in Division D
of this Act and available for operation and maintenance for Defense-
wide activities as specified in the funding table in Section 4301 of
this Act, $10,000,000 shall be available for payments under section 363
of the Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (Public Law 106-398; 20 U.S.C. 7703a).
(c) Local Educational Agency Defined.--In this section, the term
``local educational agency'' has the meaning given that term in section
7013(9) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7713(9)).
SEC. 580A. PILOT PROGRAM TO FUND NON-PROFIT ORGANIZATIONS THAT SUPPORT
MILITARY FAMILIES.
(a) Establishment.--The Secretary of Defense shall establish a two-
year pilot program to provide grants to eligible nonprofit
organizations.
(b) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for Operations and Maintenance, Defense Wide, as specified
in the corresponding funding table in section 4301, line 460 for the
Office of the Secretary of Defense is hereby increased by $1,000,000.
(c) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 101 for Procurement of Wheeled and Tracked Combat Vehicles,
Army, as specified in the corresponding funding table in section 4101,
for Bradley Program (Mod) is hereby reduced by $1,000,000.
(d) Distribution of Funds.--The Secretary may operate the pilot
program under this section on not more than eight covered military
installations in a fiscal year, expending not more than $125,000 per
such covered military installation.
(e) Report.--Not later than 180 days after the Secretary disburses
the last of the funds appropriated for the pilot program, the Secretary
shall submit to Congress a report regarding--
(1) the efficacy of the pilot program; and
(2) any recommendation of the Secretary to expand, extend,
or make permanent the pilot program.
(f) Definitions.--In this section:
(1) The term ``eligible organization'' means an
organization that--
(A) is a nonprofit organization under section
501(c)(3) of the Internal Revenue Code of 1986;
(B) on the date of the enactment of this Act, is
providing food, clothing, or other assistance to
families on a covered military installation; and
(C) proves, to the satisfaction of the Secretary,
that the organization has received funding commitments
that match each dollar requested from the Secretary by
the organization under the pilot program under this
section.
(2) The term ``covered military installation'' means a
military installation--
(A) on which not more than 5,000 members of the
Armed Forces serve on active duty; and
(B) located in a county for which the Secretary
determines the cost of living exceeds the national
average.
SEC. 580B. EXPANSION OF THE MY CAREER ADVANCEMENT ACCOUNT PROGRAM FOR
MILITARY SPOUSES TO NONPORTABLE CAREER FIELDS AND
OCCUPATIONS.
The Secretary of Defense shall modify the My Career Advancement
Account program of the Department of Defense to ensure that military
spouses participating in the program may receive financial assistance
for the pursuit of a license, certification, or Associate's degree in
any career field or occupation, including both portable and nonportable
career fields and occupations.
SEC. 580C. EXPANSION OF THE MY CAREER ADVANCEMENT ACCOUNT PROGRAM FOR
MILITARY SPOUSES.
(a) Coast Guard.--The spouse of a member of the Coast Guard may
participate in the My Career Advancement Account program of the
Department of Defense.
(b) All Enlisted Grades.--The spouse of an enlisted member of the
Armed Forces may participate in the My Career Advancement Account
program of the Department of Defense.
SEC. 580D. REPORT ON TRAINING AND SUPPORT AVAILABLE TO MILITARY
SPOUSES.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for Personnel and
Readiness shall submit to the congressional defense committees a report
that includes a description of the following:
(1) Financial literacy programs currently designed
specifically for military spouses.
(2) Programs designed to educate spouses and service
members about the risks of multi-level marketing.
(3) Efforts to evaluate the effectiveness of financial
literacy programs.
(4) The number of counseling sessions requested by military
spouses at Family Support Centers in the previous 5 years.
(b) Public Availability.--The report submitted under subsection (a)
shall be made available on a publicly accessible website of the
Department of Defense.
SEC. 580E. FULL MILITARY HONORS CEREMONY FOR CERTAIN VETERANS.
Section 1491(b) of title 10, United States Code, is amended by
adding at the end the following:
``(3) The Secretary concerned shall provide full military honors
(as determined by the Secretary concerned) for the funeral of a veteran
who--
``(A) is first interred or first inurned in Arlington
National Cemetery on or after the date of the enactment of this
paragraph;
``(B) was awarded the medal of honor or the prisoner-of-war
medal; and
``(C) is not entitled to full military honors by the grade
of that veteran.''.
SEC. 580F. INCREASE IN ASSISTANCE TO CERTAIN LOCAL EDUCATIONAL
AGENCIES.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for Operation and Maintenance, Defense-Wide, as specified
in the corresponding funding table in section 4301, for Department of
Defense Education Activity, line 410 is hereby increased by $10,000,000
(with the amount of such increase to be made available for support to
local educational agencies that serve military communities and
families).
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 101 for procurement, as specified in the corresponding funding
table in section 4101, for shipbuilding and conversion, Navy, ship to
shore connector, line 024 is hereby reduced by $10,000,000.
SEC. 580G. ASSISTANCE FOR DEPLOYMENT-RELATED SUPPORT OF MEMBERS OF THE
ARMED FORCES UNDERGOING DEPLOYMENT AND THEIR FAMILIES
BEYOND THE YELLOW RIBBON REINTEGRATION PROGRAM.
Section 582 of the National Defense Authorization Act for Fiscal
Year 2008 (10 U.S.C. 10101 note) is amended--
(1) by redesignating subsections (k) and (l) as subsections
(l) and (m), respectively; and
(2) by inserting after subsection (j) the following new
subsection (k):
``(k) Support Beyond Program.--The Secretary of Defense shall
provide funds to States, Territories, and government entities to carry
out programs, and other activities as the Secretary considers
appropriate, that provide deployment cycle information, services, and
referrals to members of the armed forces, and their families,
throughout the deployment cycle. Such programs may include the
provision of access to outreach services, including the following:
``(1) Employment counseling.
``(2) Behavioral health counseling.
``(3) Suicide prevention.
``(4) Housing advocacy.
``(5) Financial counseling.
``(6) Referrals for the receipt of other related
services.''.
Subtitle I--Decorations and Awards
SEC. 581. EXPANSION OF GOLD STAR LAPEL BUTTON ELIGIBILITY TO
STEPSIBLINGS; FREE REPLACEMENT.
(a) Eligibility of Stepsiblings.--Subsection (d)(3) of section 1126
of title 10, United States Code, is amended by striking ``and half
sisters'' and inserting ``half sisters, stepbrothers, and
stepsisters''.
(b) Free Replacement.--Subsection (c) of such section is amended by
striking ``and payment of an amount sufficient to cover the cost of
manufacture and distribution'' and inserting ``at no cost to that
person''.
SEC. 582. ESTABLISHMENT OF THE ATOMIC VETERANS SERVICE MEDAL.
(a) Service Medal Required.--The Secretary of Defense shall design
and produce a military service medal, to be known as the ``Atomic
Veterans Service Medal'', 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 Medal.--
(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 Medal to the veteran.
(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 Medal to the next-of-
kin of the person.
(3) Application.--The Secretary shall prepare and
disseminate as appropriate an application by which radiation-
exposed veterans and their next-of-kin may apply to receive the
Atomic Veterans Service Medal.
SEC. 583. REVIEW OF WORLD WAR I VALOR MEDALS.
(a) Review Required.--Each Secretary concerned shall review the
service records of each World War I veteran described in subsection (b)
under the jurisdiction of such Secretary who is recommended for such
review by the Valor Medals Review Task Force referred to in subsection
(c), or another veterans service organization, in order to determine
whether such veteran should be awarded the Medal of Honor for valor
during World War I.
(b) Covered World War I Veterans.--The World War I veterans whose
service records are to be reviewed under subsection (a) are the
following:
(1) Any African American war veteran, Asian American war
veteran, Hispanic American war veteran, Jewish American war
veteran, or Native American war veteran who was awarded the
Distinguished Service Cross or the Navy Cross for an action
that occurred between April 6, 1917, and November 11, 1918.
(2) Any African American war veteran, Asian American war
veteran, Hispanic American war veteran, Jewish American war
veteran, or Native American war veteran who was awarded the
Croix de Guerre with Palm (that is, awarded at the Army level
or above) by the Government of France for an action that
occurred between April 6, 1917, and November 11, 1918.
(3) Any African American war veteran, Asian American war
veteran, Hispanic American war veteran, Jewish American war
veteran, or Native American war veteran who was recommended for
a Medal of Honor for an action that occurred from April 6,
1917, to November 11, 1918, if the Department of Defense
possesses or receives records relating to such recommendation.
(c) Consultations.--In carrying out the review under subsection
(a), each Secretary concerned may consult with the Valor Medals Review
Task Force, jointly established by the United States Foundation for the
Commemoration of the World Wars (in consultation with the United States
World War One Centennial Commission) and the George S. Robb Centre for
the Study of the Great War, and with such other veterans service
organizations as such Secretary determines appropriate, until the
conclusion of the review.
(d) Recommendation Based on Review.--If a Secretary concerned
determines, based upon the review under subsection (a), that the award
of the Medal of Honor to a covered World War I veteran is warranted,
such Secretary shall submit to the President a recommendation that the
President award the Medal of Honor to that veteran.
(e) Authority to Award Medal of Honor.--The Medal of Honor may be
awarded to a World War I veteran in accordance with a recommendation of
a Secretary concerned under subsection (d).
(f) Waiver of Time Limitations.--An award of the Medal of Honor may
be made under subsection (e) without regard to--
(1) section 7274 or 8298 of title 10, United States Code,
as applicable; and
(2) any regulation or other administrative restriction on--
(A) the time for awarding the Medal of Honor; or
(B) the awarding of the Medal of Honor for service
for which a Distinguished Service Cross or Navy Cross
has been awarded.
(g) Definitions.--
(1) In general.--In this section:
(A) African american war veteran.--The term
``African American war veteran'' means any person who
served in the United States Armed Forces between April
6, 1917, and November 11, 1918, and who identified
himself as of African descent on his military personnel
records.
(B) Asian american war veteran.--The term ``Asian
American war veteran'' means any person who served in
the United States Armed Forces between April 6, 1917,
and November 11, 1918, and who identified himself
racially, nationally, or ethnically as originating from
a country in Asia on his military personnel records.
(C) Hispanic american war veteran.--The term
``Hispanic American war veteran'' means any person who
served in the United States Armed Forces between April
6, 1917, and November 11, 1918, and who identified
himself racially, nationally, or ethnically as
originating from a country where Spanish is an official
language on his military personnel records.
(D) Jewish american war veteran.--The term ``Jewish
American war veteran'' mean any person who served in
the United States Armed Forces between April 6, 1917,
and November 11, 1918, and who identified himself as
Jewish on his military personnel records.
(E) Native american war veteran.--The term ``Native
American war veteran'' means any person who served in
the United States Armed Forces between April 6, 1917,
and November 11, 1918, and who identified himself as a
member of a federally recognized tribe within the
modern territory of the United States on his military
personnel records.
(F) Secretary concerned.--The term ``Secretary
concerned'' means--
(i) the Secretary of the Army, in the case
of members of the Armed Forces who served in
the Army between April 6, 1917, and November
11, 1918; and
(ii) the Secretary of the Navy, in the case
of members of the Armed Forces who served in
the Navy or the Marine Corps between April 6,
1917, and November 11, 1918.
(2) Application of definitions of origin.--If the military
personnel records of a person do not reflect the person's
membership in one of the groups identified in subparagraphs (B)
through (F) of paragraph (1) but historical evidence exists
that demonstrates the person's Jewish faith held at the time of
service, or that the person identified himself as of African,
Asian, Hispanic, or Native American descent, the person may be
treated as being a member of the applicable group by the
Secretary concerned (in consultation with the organizations
referred to in subsection (c)) for purposes of this section.
SEC. 584. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO ALWYN CASHE
FOR ACTS OF VALOR DURING OPERATION IRAQI FREEDOM.
(a) Waiver of Time Limitations.--Notwithstanding the time
limitations specified in section 7271 of title 10, United States Code,
or any other time limitation with respect to the awarding of certain
medals to persons who served in the Armed Forces, the President may
award the Medal of Honor under section 7271 of such title to Alwyn C.
Cashe for the acts of valor during Operation Iraqi Freedom described in
subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of Alwyn Cashe on October 17, 2005, in
Samarra, Iraq, during Operation Iraqi Freedom, when, as a Sergeant
First Class in Company A, 1st Battalion, 15th Infantry Regiment, 3rd
Infantry Division, with no regard to his own safety or wellbeing, he
repeatedly entered a burning Bradley Fighting Vehicle after it struck
an improvised explosive device. While receiving small arms fire, he
made his first evacuation of his Soldiers. On his second evacuation of
Soldiers, his own fuel-soaked uniform caught on fire, yet he returned
to the burning Bradley Fighting Vehicle for a third evacuation. Cashe,
injured the worst of all involved, with second- and third- degree burns
over 72 percent of his body, still led recovery efforts and refused
medical evacuation until his men were evacuated to safety and
treatment. Cashe's actions saved the lives of six of his Soldiers.
Sergeant First Class Alwyn Cashe succumbed from his wounds on November
8, 2005 at Brooks Army Medical Center, Fort Sam Houston, San Antonio,
Texas. He was posthumously awarded the Silver Star for his heroism.
SEC. 585. ELIGIBILITY OF VETERANS OF OPERATION END SWEEP FOR VIETNAM
SERVICE MEDAL.
The Secretary of the military department concerned may, upon the
application of an individual who is a veteran who participated in
Operation End Sweep, award that individual the Vietnam Service Medal.
Subtitle J--Miscellaneous Reports and Other Matters
SEC. 591. REPEAL OF QUARTERLY REPORT ON END STRENGTHS.
Section 115(e) of title 10, United States Code, is amended by
striking paragraph (3).
SEC. 592. REVISION OF WORKPLACE AND GENDER RELATIONS SURVEYS.
(a) Surveys of Members of the Armed Forces.--Section 481(c) of
title 10, United States Code, is amended--
(1) in the matter preceding paragraph (1), by inserting
``unwanted sexual contact,'' after ``assault,'';
(2) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively;
(3) by inserting after paragraph (2), the following new
paragraph (3):
``(3) The specific types of unwanted sexual contact that
have occurred, and the number of times each respondent has been
subjected to unwanted sexual contact during the preceding
year.'';
(4) in paragraph (5), as so redesignated, by striking ``and
assault'' and inserting ``assault, and unwanted sexual
contact'';
(5) in paragraph (6), as so redesignated, by striking ``or
assault'' and inserting ``assault, or unwanted sexual
contact''.
(b) Surveys of Civilian Employees of the Department of Defense.--
Section 481a of title 10, United States Code, is amended--
(1) in subsection (a)(1), by striking ``and
discrimination'' and inserting ``discrimination, and unwanted
sexual contact'';
(2) in subsection (b)--
(A) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively;
(B) by inserting after paragraph (2) the following
new paragraph (3):
``(3) The specific types of unwanted sexual contact that
civilian employees of the Department were subjected to by other
personnel of the Department (including contractor personnel),
and the number of times each respondent has been subjected to
unwanted sexual contact during the preceding fiscal year.'';
(C) in paragraph (5), as so redesignated, by
striking ``and discrimination'' and inserting
``discrimination, and unwanted sexual contact''; and
(D) in paragraph (6), as so redesignated, by
striking ``or discrimination'' and inserting
``discrimination, or unwanted sexual contact''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on the date of the enactment of this Act and shall
apply with respect to surveys under sections 481 and 481a of title 10,
United States Code, that are initiated after such date.
SEC. 593. MODIFICATION OF ELEMENTS OF REPORTS ON THE IMPROVED
TRANSITION ASSISTANCE PROGRAM.
Section 552(b)(4) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) is
amended--
(1) by redesignating subparagraphs (A) through (D) as
subparagraphs (B) through (E), respectively;
(2) by inserting before subparagraph (B), as redesignated
by paragraph (1), the following new subparagraph (A):
``(A) The total number of members eligible to
attend Transition Assistance Program counseling.''; and
(3) by adding at the end the following new subparagraphs:
``(F) The number of members who participated in
programs under section 1143(e) of title 10, United
States Code (commonly referred to as `Job Training,
Employment Skills, Apprenticeships and Internships
(JTEST-AI)' or `Skill Bridge').
``(G) Such other information as is required to
provide Congress with a comprehensive description of
the participation of the members in the Transition
Assistance Program and programs described in
subparagraph (F).''.
SEC. 594. QUESTIONS IN WORKPLACE SURVEYS REGARDING SUPREMACIST,
EXTREMIST, AND RACIST ACTIVITY.
The Secretary of Defense shall include, in the workplace and equal
opportunity, command climate, and workplace and gender relations
surveys administered by the Office of People Analytics of the
Department of Defense, questions regarding whether respondents have
ever--
(1) experienced or witnessed in the workplace--
(A) supremacist activity;
(B) extremist activity;
(C) racism; or
(D) anti-Semitism; and
(2) reported activity described in paragraph (1).
SEC. 595. COMMAND MATTERS IN CONNECTION WITH TRANSITION ASSISTANCE
PROGRAMS.
(a) Inclusion of Support for Participation in Programs in Command
Climate Assessments.--Not later than 180 days after the date of the
enactment of this Act, each command climate assessment for the
commander of a military installation shall include an assessment of the
extent to which the commander and other command personnel at the
installation encourage and support the participation in covered
transition assistance programs of members of the Armed Forces at the
installation who are eligible for participation in such programs.
(b) Training on Programs.--The training provided a commander of a
military installation in connection with the commencement of assignment
to the installation shall include a module on the covered transition
assistance programs available for members of the Armed Forces assigned
to the installation.
(c) Covered Transition Assistance Programs Defined.--In this
section, the term ``covered transition assistance programs'' means the
following:
(1) The Transition Assistance Program.
(2) The programs under section 1143(e) of title 10, United
States Code (commonly referred to as ``Job Training, Employment
Skills, Apprenticeships and Internships (JTEST-AI)'' or ``Skill
Bridge'').
(3) Any program of apprenticeship, on-the-job-training,
internship, education, or transition assistance offered
(whether by public or private entities) in the vicinity of the
military installation concerned in which members of the Armed
Forces at the installation are eligible to participate.
(4) Any other program of apprenticeship, on-the-job
training, internship, education, or transition assistance
specified by the Secretary of Defense for purposes of this
section.
SEC. 596. EXPRESSING SUPPORT FOR THE DESIGNATION OF A ``GOLD STAR
FAMILIES REMEMBRANCE DAY''.
(a) Findings.--Congress finds the following:
(1) March 2, 2020, marked the 91st anniversary of President
Calvin Coolidge signing an Act of Congress that approved and
funded the first Gold Star pilgrimage to enable Gold Star
families to travel to the gravesites of their loved ones who
died during World War I.
(2) The members of the Armed Forces of the United States
bear the burden of protecting the freedom of the people of the
United States.
(3) The sacrifices of the families of the fallen members of
the Armed Forces of the United States should never be
forgotten.
(b) Sense of Congress.--It is the sense of Congress to--
(1) support the designation of a ``Gold Star Families
Remembrance Day'';
(2) honor and recognize the sacrifices made by the families
of members of the Armed Forces of the United States who gave
their lives to defend freedom and protect America; and
(3) encourage the people of the United States to observe
``Gold Star Families Remembrance Day'' by--
(A) performing acts of service and good will in
their communities; and
(B) celebrating the lives of those who have made
the ultimate sacrifice so that others could continue to
enjoy life, liberty, and the pursuit of happiness.
SEC. 597. REPORT ON CERTAIN WAIVERS RECEIVED BY TRANSGENDER
INDIVIDUALS.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, and annually thereafter during the two
subsequent calendar years, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate a report identifying the number of individuals (disaggregated by
the status of the individuals as exempt individuals or nonexempt
individuals) to whom the following applied during the reporting period
for such report:
(1) Diagnosed with a covered medical condition--
(A) prior to accession into the Armed Forces; or
(B) as a member of the Armed Forces.
(2) Presumptively denied accession into the Armed Forces as
a result of a covered medical condition.
(3) Applied for a service waiver as a result of a covered
medical condition.
(4) Received a service waiver for a covered medical
condition.
(5) Denied a service waiver for a covered medical
condition.
(6) Separated from the Armed Forces as a result of a
covered medical condition.
(b) Definitions.--In this section:
(1) Exempt and nonexempt individuals.--The terms ``exempt
individuals'' and ``nonexempt individuals'' have the meanings
given those terms in attachment 3 of the memorandum--
(A) issued by the Office of the Deputy Secretary of
Defense;
(B) dated March 12, 2019; and
(C) with the subject heading ``Directive-type
Memorandum (DTM)-19-004-Military Service by Transgender
Persons and Persons with Gender Dysphoria''.
(2) Covered medical condition.--The term ``covered medical
condition'' means--
(A) gender dysphoria;
(B) gender transition treatment; or
(C) any other condition related to gender dysphoria
or gender transition treatment.
(3) Reporting period.--The term ``reporting period'' means,
with respect to a report submitted under subsection (a), the
calendar year most recently completed before the date on which
such report is to be submitted.
(4) Service waiver.--The term ``service waiver'' includes a
waiver--
(A) for accession into the Armed Forces;
(B) to continue service in the Armed Forces; or
(C) to otherwise permit service in the Armed
Forces.
SEC. 598. STUDY ON BEST PRACTICES FOR PROVIDING FINANCIAL LITERACY
EDUCATION FOR VETERANS.
(a) Study Required.--The Secretary of Defense and the Secretary of
Veterans Affairs, and with respect to members of the Coast Guard, in
coordination with the Secretary of the Department in which the Coast
Guard is operating when it is not operating as a service in the Navy,
shall conduct a study on the best practices to provide financial
literacy education for separating members of the Armed Forces and
veterans.
(b) Elements.--The study required by subsection (a) shall include--
(1) an examination, recommendations, and reporting on best
practices for providing financial literacy education to
veterans and separating members of the Armed Forces;
(2) detailed current financial literacy programs for
separating members of the Armed Forces, and an examination of
linkages between these programs and those for veterans provided
by the Department of Veterans Affairs; and
(3) steps to improve coordination between the Department of
Defense and Department of Veterans Affairs for the provision of
these services.
(c) Consultation.--In conducting the study required by subsection
(a), the Secretaries shall consult with the Financial Literacy and
Education Commission of the Department of the Treasury.
(d) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a report on the study under
subsection (a).
(e) Definition.-- In this section:
(1) The term ``financial literacy'' means education of
personal finance including the insurance, credit, loan,
banking, career training and education benefits available to
veterans.
(2) The term ``appropriate congressional committees'' means
the Committees on Armed Services of the Senate and House of
Representatives, and the Committees on Veterans' Affairs of the
Senate and House of Representatives.
SEC. 599. HONORARY PROMOTION OF COLONEL CHARLES E. MCGEE TO BRIGADIER
GENERAL IN THE AIR FORCE.
The President is authorized to issue an honorary commission
promoting, to brigadier general in the Air Force, Colonel Charles E.
McGee, United States Air Force (retired), a distinguished Tuskegee
Airman whose honorary promotion has the recommendation of the Secretary
of the Air Force under section 1563 of title 10, United States Code.
SEC. 599A. RECOMMENDING THAT THE PRESIDENT GRANT LIEUTENANT COLONEL
RICHARD COLE, UNITED STATES AIR FORCE (RET.), AN HONORARY
AND POSTHUMOUS PROMOTION TO THE GRADE OF COLONEL.
(a) Findings.--Congress finds the following:
(1) Richard E. Cole (in this section referred to as
``Cole'') graduated from Steele High School in Dayton, Ohio,
and completed two years at Ohio University before enlisting in
the Army Air Corps in November, 1940.
(2) Cole completed pilot training and was commissioned as a
Second Lieutenant in July, 1941.
(3) On April 18, 1942, the United States conducted air
raids on Tokyo led by Lieutenant Colonel James ``Jimmy''
Doolittle, which later became known as ``the Doolittle Raid''.
(4) Cole flew in the Doolittle Raid as Lieutenant Colonel
Doolittle's co-pilot in aircraft number 1.
(5) For their outstanding heroism, valor, skill, and
service to the United States, the Doolittle Raiders, including
Cole, were awarded the Congressional Gold Medal in 2014.
(b) Recommendation of Honorary Promotion for Richard E. Cole.--
Pursuant to section 1563 of title 10, United States Code, Congress
recommends that the President grant Lieutenant Colonel Richard E. Cole,
United States Air Force (retired), an honorary and posthumous promotion
to the grade of colonel.
(c) Additional Benefits Not to Accrue.--The advancement of Richard
E. Cole on the retired list of the Air Force under subsection (b) shall
not affect the retired pay or other benefits from the United States to
which Richard E. Cole would have been entitled based upon his military
service, or affect any benefits to which any other person may become
entitled based on such military service.
SEC. 599B. INCLUSION OF CERTAIN VETERANS ON TEMPORARY DISABILITY OR
PERMANENT DISABLED RETIREMENT LISTS IN MILITARY ADAPTIVE
SPORTS PROGRAMS.
(a) Inclusion of Certain Veterans.--Subsection (a)(1) of section
2564a of title 10, United States Code, is amended by striking ``for
members of the armed forces who'' and all that follows through the
period at the end and inserting the following: ``for--
``(A) any member of the armed forces who is
eligible to participate in adaptive sports because of
an injury, illness, or wound incurred in the line of
duty in the armed forces; and
``(B) any veteran (as defined in section 101 of
title 38), during the one-year period following the
veteran's date of separation, who--
``(i) is on the Temporary Disability
Retirement List or Permanently Disabled
Retirement List;
``(ii) is eligible to participate in
adaptive sports because of an injury, illness,
or wound incurred in the line of duty in the
armed forces; and
``(iii) was enrolled in the program
authorized under this section prior to the
veteran's date of separation.''.
(b) Conforming Amendment.--Subsection (b) of such section is
amended by inserting ``and veterans'' after ``members''.
(c) Clerical Amendments.--
(1) Heading amendment.--The heading of such section is
amended to read as follows:
``Sec. 2564a. Provision of assistance for adaptive sports programs:
members of the armed forces; certain veterans''.
(2) Table of sections.--The table of sections at the
beginning of chapter 152 of such title is amended by striking
the item relating to section 2564a and inserting the following
new item:
``2564a. Provision of assistance for adaptive sports programs: members
of the armed forces; certain veterans.''.
SEC. 599C. SENSE OF CONGRESS REGARDING THE HIGH-ALTITUDE ARMY NATIONAL
GUARD AVIATION TRAINING SITE.
(a) Finding.--Congress finds that the High-Altitude Army National
Guard Aviation Training Site is the lone school of the Department of
Defense where rotary-wing aviators in the Armed Forces and the
militaries of foreign allies learn how to safely fly rotary-wing
aircraft in mountainous, high-altitude environments.
(b) Sense of Congress.--It is the sense of Congress that military
aviation training in Colorado, including the training conducted at the
High-Altitude Army National Guard Aviation Training Site, is critical
to the national security of the United States and the readiness of the
Armed Forces.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. CLARIFICATION OF CONTINUATION OF PAYS DURING HOSPITALIZATION
AND REHABILITATION RESULTING FROM WOUNDS, INJURY, OR
ILLNESS INCURRED WHILE ON DUTY IN A HOSTILE FIRE AREA OR
EXPOSED TO AN EVENT OF HOSTILE FIRE OR OTHER HOSTILE
ACTION.
Section 372(b)(1) of title 37, United States Code, is amended to
read as follows:
``(1) The date on which the member is returned for
assignment to other than a medical or patient unit for duty;
however, in the case of a member under the jurisdiction of a
Secretary of a military department, the date on which the
member is determined fit for duty.''.
SEC. 602. BASIC NEEDS ALLOWANCE FOR LOW-INCOME REGULAR MEMBERS.
(a) In General.--Chapter 7 of title 37, United States Code, is
amended by inserting after section 402a the following new section:
``Sec. 402b. Basic needs allowance for low-income regular members
``(a) Allowance Required.--(1) Subject to paragraph (2), the
Secretary of Defense shall pay to each covered member a basic needs
allowance in the amount determined for such member under subsection
(b).
``(2) In the event a household contains two or more covered members
entitled to receive the allowance under this section in a given year,
only one allowance may be paid for that year to a covered member among
such covered members whom such covered members shall jointly elect.
``(b) Amount of Allowance for a Covered Member.--(1) The amount of
the monthly allowance payable to a covered member under subsection (a)
for a year shall be the aggregate amount equal to--
``(A) the aggregate amount equal to--
``(i) 130 percent of the Federal poverty guidelines of the
Department of Health and Human Services for the location and
number of persons in the household of the covered member for
such year; minus
``(ii) the gross household income of the covered member
during the preceding year; and
``(B) divided by 12.
``(2) The monthly allowance payable to a covered member for a year
shall be payable for each of the 12 months following March of such
year.
``(c) Notice of Eligibility.--(1)(A) Not later than December 31
each year, the Director of the Defense Finance and Accounting Service
shall notify, in writing, each individual whom the Director estimates
will be a covered member during the following year of the potential
entitlement of that individual to the allowance described in subsection
(a) for that following year.
``(B) The preliminary notice under subparagraph (A) shall include
information regarding financial management and assistance programs
administered by the Secretary of Defense for which a covered member is
eligible.
``(2) Not later than January 31 each year, each individual who
seeks to receive the allowance for such year (whether or not subject to
a notice for such year under paragraph (1)) shall submit to the
Director such information as the Director shall require for purposes of
this section in order to determine whether or not such individual is a
covered member for such year.
``(3) Not later than February 28 each year, the Director shall
notify, in writing, each individual the Director determines to be a
covered member for such year.
``(d) Election Not To Receive Allowance.--(1) A covered member
otherwise entitled to receive the allowance under subsection (a) for a
year may elect, in writing, not to receive the allowance for such year.
Any election under this subsection shall be effective only for the year
for which made. Any election for a year under this subsection is
irrevocable.
``(2) A covered member who does not submit information described in
subsection (d)(2) for a year as otherwise required by that subsection
shall be deemed to have elected not to receive the allowance for such
year.
``(e) Definitions.--In this section:
``(1) The term `covered member' means a regular member of
the Army, Navy, Marine Corps, or Air Force--
``(A) who has completed initial entry training;
``(B) whose gross household income during the most
recent year did not exceed an amount equal to 130
percent of the Federal poverty guidelines of the
Department of Health and Human Services for the
location and number of persons in the household of the
covered member for such year; and
``(C) who does not elect under subsection (d) not
to receive the allowance for such year.
``(2) The term `gross household income' of a covered member
for a year for purposes of paragraph (1)(B) does not include
any basic allowance for housing received by the covered member
(and any dependents of the covered member in the household of
the covered member) during such year under section 403 of this
title.
``(f) Regulations.--The Secretary of Defense shall prescribe
regulations for the administration of this section. Subject to
subsection (e)(2), such regulations shall specify the income to be
included in, and excluded from, the gross household income of
individuals for purposes of this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of such title is amended by inserting after the item relating
to section 402a the following new item:
``402b. Basic needs allowance for low-income regular members.''.
SEC. 603. TEMPORARY INCREASE OF RATES OF BASIC ALLOWANCE FOR HOUSING
FOLLOWING DETERMINATION THAT LOCAL CIVILIAN HOUSING COSTS
SIGNIFICANTLY EXCEED SUCH RATES.
Section 403(b) of title 37, United States Code, is amended by
adding at the end the following new paragraph:
``(8)(A) The Secretary of Defense may prescribe a temporary
increase in the current rates of basic allowance for housing for a
military housing area or a portion thereof (in this paragraph, `BAH
rates') if the Secretary determines that the actual costs of adequate
housing for civilians in that military housing area or portion thereof
exceed the current BAH rates by more than 20 percent.
``(B) Any temporary increase in BAH rates under this paragraph
shall remain in effect only until the effective date of the first
adjustment of BAH rates for the affected military housing area that
occurs after the date of the increase under this paragraph.
``(C) This paragraph shall cease to be effective on September 30,
2022.''.
SEC. 604. BASIC ALLOWANCE FOR HOUSING FOR A MEMBER WITHOUT DEPENDENTS
WHEN RELOCATION WOULD FINANCIALLY DISADVANTAGE THE
MEMBER.
Section 403(o) of title 37, United States Code, is amended--
(1) by inserting ``(1)'' before ``In''; and
(2) by adding at the end the following new paragraph:
``(2)(A) In the case of a member described in subparagraph (B), the
member may be treated for the purposes of this section as if the unit
to which the member is assigned did not undergo a change of home port
or a change of permanent duty station if the Secretary concerned
determines that it would be inequitable to base the member's
entitlement to, and amount of, a basic allowance for housing on the new
home port or permanent duty station.
``(B) A member described in this subparagraph--
``(i) has no dependents;
``(ii) is assigned to a unit that undergoes a change of
home port or a change of permanent duty station; and
``(iii) is in receipt of orders to return to the previous
home port or duty station.''.
SEC. 605. PARTIAL DISLOCATION ALLOWANCE.
(a) Current Authority.--Section 477(f)(1) of title 37, United
States Code, is amended by striking ``family''.
(b) Future Authority.--Section 452(c) of title 37, United States
Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3)(A) A partial dislocation allowance paid to a member
ordered to occupy or vacate housing provided by the United
States.
``(B) Beginning on January 1, 2022, the partial dislocation
allowance under subparagraph (A) shall, subject to subparagraph
(C), be equal in value to the allowance under section 477(f) of
this title on December 31, 2021, as adjusted in regulations
prescribed by the Secretary concerned under the authority
established by that section.
``(C) Effective on the same date in 2022 and any subsequent
year that the monthly rates of basic pay for all members are
increased under section 1009 of this title or another provision
of law, the Secretary of Defense shall adjust the rate of the
partial dislocation allowance under this paragraph by the
percentage equal to the average percentage increase in the
rates of basic pay.''.
SEC. 606. INCREASE IN BASIC PAY.
Effective on January 1, 2020, the rates of monthly basic pay for
members of the uniformed services are increased by 3.1 percent.
SEC. 607. ANNUAL ADJUSTMENT OF BASIC PAY.
The adjustment in the rates of monthly basic pay required by
subsection (a) of section 1009 of title 37, United States Code, to be
made on January 1, 2020, shall take effect, notwithstanding any
determination made by the President under subsection (e) of such
section with respect to an alternative pay adjustment to be made on
such date.
SEC. 608. STUDY REGARDING RECOUPMENT OF SEPARATION PAY, SPECIAL
SEPARATION BENEFITS, AND VOLUNTARY SEPARATION INCENTIVE
PAYMENTS FROM MEMBERS OF THE ARMED FORCES AND VETERANS
WHO RECEIVE DISABILITY COMPENSATION UNDER LAWS
ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS.
(a) Study.--The Secretaries of Defense and Veterans Affairs shall
conduct a joint study to determine, with regards to members of the
Armed Forces and veterans whose separation pay, special separation
benefits, and voluntary separation incentive payments either Secretary
recoups because such members and veterans subsequently receive
disability compensation under laws administered by the Secretary of
Veterans Affairs--
(1) how many such members and veterans are affected by such
recoupment; and
(2) the aggregated amount of additional money such members
and veterans would receive but for such recoupment.
(b) Report Required.--Not later than September 30, 2020, the
Secretaries shall submit to the Committees on Armed Services and
Veterans' Affairs of the Senate and House of Representatives a report
regarding the results of the study under subsection (a).
SEC. 609. ANNUAL REPORTS ON APPROVAL OF EMPLOYMENT OR COMPENSATION OF
RETIRED GENERAL OR FLAG OFFICERS BY FOREIGN GOVERNMENTS
FOR EMOLUMENTS CLAUSE PURPOSES.
(a) Annual Reports.--Section 908 of title 37, United States Code is
amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Annual Reports on Approvals for Retired General and Flag
Officers.--(1) Not later than January 31each year, the Secretaries of
the military departments shall jointly submit to the appropriate
committees and Members of Congress a report on each approval under
subsection (b) for employment or compensation described in subsection
(a) for a retired member of the armed forces in general or flag officer
grade that was issued during the preceding year. The report shall be
posted on a publicly available Internet website of the Department of
Defense no later than 30 days after it has been submitted to Congress.
``(2) In this subsection, the appropriate committees and Members of
Congress are--
``(A) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate;
``(B) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
House of Representatives;
``(C) the Majority Leader and the Minority Leader of the
Senate; and
``(D) the Speaker of the House of Representatives and the
Minority Leader of the House of Representatives.''.
(b) Scope of First Report.--The first report submitted pursuant to
subsection (c) of section 908 of title 37, United States Code (as
amended by subsection (a) of this section), after the date of the
enactment of this Act shall cover the five-year period ending with the
year before the year in which such report is submitted.
SEC. 610. CONTINUED ENTITLEMENTS WHILE A MEMBER OF THE ARMED FORCES
PARTICIPATES IN A CAREER INTERMISSION PROGRAM.
Section 710(h) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following new paragraphs:
``(3) the entitlement of the member and of the survivors of
the member to all death benefits under the provisions of
chapter 75 of this title;
``(4) the provision of all travel and transportation
allowances for the survivors of deceased members to attend
burial ceremonies under section 481f of title 37; and
``(5) the eligibility of the member for general benefits as
provided in part II of title 38.''.
SEC. 610A. REPORT REGARDING TRANSITION FROM OVERSEAS HOUSING ALLOWANCE
TO BASIC ALLOWANCE FOR HOUSING FOR SERVICEMEMBERS IN THE
TERRITORIES.
Not later than February 1, 2020, the Secretary of Defense shall
submit a report to the congressional defense committees regarding the
recommendation of the Secretary whether members of the uniformed
services located in the territories of the United States and who
receive the overseas housing allowance should instead receive the basic
allowance for housing to ensure the most appropriate housing
compensation for such members and their families.
SEC. 610B. EXEMPTION FROM REPAYMENT OF VOLUNTARY SEPARATION PAY.
Section 1175a(j) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``paragraphs (2) and
(3)'' and inserting ``paragraphs (2), (3), and (4)'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) This subsection shall not apply to a member who--
``(A) is involuntarily recalled to active duty or full-time
National Guard duty; and
``(B) in the course of such duty, incurs a service-
connected disability rated as total under section 1155 of title
38.''.
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, 2019'' and inserting ``December 31, 2020''.
(b) Title 10 Authorities Relating to Health Care Professionals.--
The following sections of title 10, United States Code, are amended by
striking ``December 31, 2019'' and inserting ``December 31, 2020'':
(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,
2019'' and inserting ``December 31, 2020''.
(d) Authorities Relating to Title 37 Consolidated Special Pay,
Incentive Pay, and Bonus Authorities.--The following sections of title
37, United States Code, are amended by striking ``December 31, 2019''
and inserting ``December 31, 2020'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(4) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.
(5) Section 336(g), relating to contracting bonus for
cadets and midshipmen enrolled in the Senior Reserve Officers'
Training Corps.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special
duty pay.
(8) Section 353(i), relating to skill incentive pay or
proficiency bonus.
(9) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to
high priority units.
(e) Authority to Provide Temporary Increase in Rates of Basic
Allowance for Housing.--Section 403(b)(7)(E) of title 37, United States
Code, is amended by striking ``December 31, 2019'' and inserting
``December 31, 2020''.
Subtitle C--Family and Survivor Benefits
SEC. 621. PAYMENT OF TRANSITIONAL COMPENSATION FOR CERTAIN DEPENDENTS.
Section 1059(m) of title 10, United States Code, is amended--
(1) in the subsection heading, by inserting ``Members or''
after ``Dependents of'';
(2) by inserting ``member or'' before ``former member''
each place it appears; and
(3) by amending paragraph (3) to read as follows:
``(3) For the purposes of this subsection, a member is considered
separated from active duty upon the earliest of--
``(A) the date an administrative separation is initiated by
a commander of the member;
``(B) the date the court-martial sentence is adjudged if
the sentence, as adjudged, includes a dismissal, dishonorable
discharge, bad conduct discharge, or forfeiture of all pay and
allowances; or
``(C) the date the member's term of service expires.''.
SEC. 622. DEATH GRATUITY FOR ROTC GRADUATES.
(a) In General.--Section 1475(a)(4) of title 10, United States
Code, is amended by adding ``; or a graduate of a reserve officers'
training corps who has yet to receive a first duty assignment; or'' at
the end.
(b) Effective Date.--The amendment under subsection (a) applies to
deaths that occur on or after the date of the enactment of this Act.
SEC. 623. CONTINUED ELIGIBILITY FOR EDUCATION AND TRAINING
OPPORTUNITIES FOR SPOUSES OF PROMOTED MEMBERS.
Section 1784a(b) of title 10, United States Code, is amended--
(1) by inserting ``(1)'' before ``Assistance''; and
(2) by adding at the end the following new paragraph:
``(2) A spouse who is eligible for a program under this section and
begins a course of education or training for a degree, license, or
credential described in subsection (a) may not become ineligible to
complete such course of education or training solely because the member
to whom the spouse is married is promoted to a higher grade.''.
SEC. 624. OCCUPATIONAL IMPROVEMENTS FOR RELOCATED SPOUSES OF MEMBERS OF
THE UNIFORMED SERVICES.
(a) Improvement of Occupational License Portability for Military
Spouses Through Interstate Compacts.--Section 1784 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(h) Improvement of Occupational License Portability Through
Interstate Compacts.--
``(1) In general.--The Secretary of Defense may enter into
a cooperative agreement with the Council of State Governments
to assist with funding of the development of interstate
compacts on licensed occupations in order to alleviate the
burden associated with relicensing in such an occupation by
spouse of a members of the armed forces in connection with a
permanent change of duty station of members to another State.
``(2) Limitation.--The amount provided under paragraph (1)
as assistance for the development of any particular interstate
compact may not exceed $1,000,000.
``(3) Annual report.--Not later than February 28 each year,
the Secretary shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on
interstate compacts described in paragraph (1) developed
through assistance provided under that paragraph. Each report
shall set forth the following:
``(A) Any interstate compact developed during the
preceding calendar year, including the occupational
licenses covered by such compact and the States
agreeing to enter into such compact.
``(B) Any interstate compact developed during a
prior calendar year into which one or more additional
States agreed to enter during the preceding calendar
year.
``(4) Expiration.--The authority to enter into a
cooperative agreement under paragraph (1), and to provide
assistance described in that paragraph pursuant to such
cooperative agreement, shall expire on September 30, 2024.''.
(b) Guarantee of Residency for Registration of Businesses of
Spouses of Members of Uniformed Services.--
(1) In general.--Title VI of the Servicemembers Civil
Relief Act (50 U.S.C. 4021 et seq.) is amended by adding at the
end the following new section:
``SEC. 707. GUARANTEE OF RESIDENCY FOR BUSINESSES OF SPOUSES OF
SERVICEMEMBERS.
``For the purposes of registering a business--
``(1) a person who is absent from a State because the
person is accompanying the person's spouse who is absent from
that same State in compliance with military or naval orders
shall not, solely by reason of that absence--
``(A) be deemed to have lost a residence or
domicile in that State, without regard to whether or
not the person intends to return to that State;
``(B) be deemed to have acquired a residence or
domicile in any other State; or
``(C) be deemed to have become a resident in or a
resident of any other State; and
``(2) the spouse of a servicemember may elect to use the
same residence as the servicemember regardless of the date on
which the marriage of the spouse and the servicemember
occurred.''.
(2) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by inserting after the item
relating to section 706 the following new item:
``Sec. 707. Guarantee of residency for businesses of spouses of
servicemembers.''.
SEC. 625. EXPANSION OF AUTHORITY TO PROVIDE FINANCIAL ASSISTANCE TO
CIVILIAN PROVIDERS OF CHILD CARE SERVICES OR YOUTH
PROGRAM SERVICES WHO PROVIDE SUCH SERVICES TO SURVIVORS
OF MEMBERS OF THE ARMED FORCES WHO DIE IN LINE OF DUTY.
Section 1798(a) of title 10, United States Code, is amended by
inserting ``, survivors of members of the armed forces who die in line
of duty while on active duty, active duty for training, or inactive
duty for training,'' after ``armed forces''.
SEC. 626. SPACE-AVAILABLE TRAVEL ON MILITARY AIRCRAFT FOR CHILDREN AND
SURVIVING SPOUSES OF MEMBERS WHO DIE OF HOSTILE ACTION OR
TRAINING DUTY.
Section 2641b(c) of title 10, United States Code, is amended--
(1) by redesignating paragraph (6) as paragraph (7); and
(2) by inserting after paragraph (5) the following new
paragraph (6):
``(6) Children (as described by section 1072(2)(D) or
section 1110b(b) of this title, as the case may be) and
surviving spouses of members of the armed forces who die as a
result of hostile action or training duty.''.
SEC. 627. CONSIDERATION OF SERVICE ON ACTIVE DUTY TO REDUCE AGE OF
ELIGIBILITY FOR RETIRED PAY FOR NON-REGULAR SERVICE.
Section 12731(f)(2)(B)(i) of title 10, United States Code, is
amended by striking ``under a provision of law referred to in section
101(a)(13)(B) or under section 12301(d)'' and inserting ``under section
12301(d) or 12304b of this title, or under a provision of law referred
to in section 101(a)(13)(B)''.
SEC. 628. MODIFICATION TO AUTHORITY TO REIMBURSE FOR STATE LICENSURE
AND CERTIFICATION COSTS OF A SPOUSE OF A MEMBER ARISING
FROM RELOCATION.
Section 476(p) of title 37, United States Code, is amended--
(1) in paragraph (1), by striking ``armed forces'' and
inserting ``uniformed services'';
(2) in paragraph (2), by striking ``$500'' and inserting
``$1,000'';
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``and'';
(B) in subparagraph (B), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) an analysis of whether the maximum reimbursement
amount under paragraph (2) is sufficient to cover the average
costs of relicensing described in paragraph (1).''; and
(4) in paragraph (4), by striking ``December 31, 2022'' and
inserting ``December 31, 2024''.
SEC. 629. IMPROVEMENTS TO CHILD CARE FOR MEMBERS OF THE ARMED FORCES.
(a) Expansion of Authority to Provide Financial Assistance to
Civilian Providers of Child Care Services or Youth Program Services Who
Provide Such Services to Survivors of Members of the Armed Forces Who
Die in the Line of Duty.--Section 1798(a) of title 10, United States
Code, is amended by inserting ``, survivors of members of the armed
forces who die in the line of duty while on active military, naval, or
air service (as that term is defined in section 101 of title 38),''
after ``armed forces''.
(b) Expansion of Direct Hiring Authority for Child Care Service
Providers.--Section 559 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 1792 note) is amended--
(1) in the section heading, by striking ``for department
child development centers'';
(2) in subsection (a)(1), by striking for ``Department of
Defense child development centers'' and inserting ``for the
Department of Defense''; and
(3) in subsection (e), by striking ``in child development
centers''.
(c) Assessment of Financial Assistance Provided to Civilian Child
Care Providers.--
(1) Assessment.--The Secretary of Defense shall assess the
maximum amount of financial assistance provided to eligible
civilian providers of child care services or youth program
services that furnish such service for members of the armed
forces and employees of the United States under section 1798 of
title 10, United States Code, as amended by subsection (a).
Such assessment shall include the following:
(A) The determination of the Secretary whether the
maximum allowable financial assistance should be
standardized across the Armed Forces.
(B) Whether the maximum allowable amount adequately
accounts for high-cost duty stations.
(2) Report.--No later than June 1, 2020, the Secretary of
Defense shall submit a report to the Committees on Armed
Services of the Senate and the House of Representatives
regarding the results of the assessment under paragraph (1) and
any actions taken by the Secretary to remedy identified
shortfalls in assistance described in that paragraph.
(d) Assessment of Child Care Capacity on Military Installations.--
(1) Assessment.--The Secretary of Defense shall assess the
capacity for child care at all military installations to ensure
that members of the Armed Forces have meaningful access to
child care during tours of duty.
(2) Remedial action.--The Secretary of Defense shall take
steps the Secretary determines necessary to alleviate the
waiting lists for child care described in paragraph (1).
(3) Report.--Not later than June 1, 2020, the Secretary of
Defense shall provide a report to the Committees on Armed
Forces of the Senate and the House of Representative
regarding--
(A) the assessment under paragraph (1);
(B) action taken under paragraph (2); and
(C) any additional resources (including additional
funding for and child care facilities and workers) the
Secretary determines necessary to increase access
described in paragraph (1).
(e) Assessment of Accessibility of Websites of the Department of
Defense Related to Child Care and Spousal Employment.--
(1) Assessment.--The Secretary of Defense shall review the
functions and accessibility of websites of the Department of
Defense designed for members of the Armed Forces and the
families of such members to access information and services
offered by the Department regarding child care, spousal
employment, and other family matters.
(2) Report.--Not later than March 1, 2020, the Secretary of
Defense shall provide a briefing to the Committees on Armed
Services of the Senate and the House of Representatives
regarding the results of the assessment under paragraph (1) and
actions taken to enhance accessibility of the websites.
(f) Portability of Background Investigations for Child Care
Providers.--Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall ensure that the background
investigation and training certification for a child care provider
employed by the Department of Defense in a facility of the Department
may be transferred to another facility of the Department, without
regard to which Secretary of a military department has jurisdiction
over either such facility.
SEC. 630. CASUALTY ASSISTANCE FOR SURVIVORS OF DECEASED ROTC GRADUATES.
Section 633 of the National Defense Authorization Act for Fiscal
Year 2014 (10 U.S.C. 1475 note) is amended by adding at the end the
following new subsection:
``(c) ROTC Graduates.--
``(1) Treated as members.--For purposes of this section, a
graduate of a reserve officers' training corps who dies before
receiving a first duty assignment shall be treated as a member
of the Armed Forces who dies while on active duty.
``(2) Effective date.--This subsection applies to deaths on
or after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2020.''.
SEC. 630A. REPEAL OF REQUIREMENT OF REDUCTION OF SURVIVOR BENEFIT PLAN
SURVIVOR ANNUITIES BY AMOUNT OF DEPENDENCY AND INDEMNITY
COMPENSATION.
(a) Repeal.--
(1) Repeal.--Subchapter II of chapter 73 of title 10,
United States Code, is amended as follows:
(A) In section 1450, by striking subsection (c).
(B) In section 1451(c)--
(i) by striking paragraph (2); and
(ii) by redesignating paragraphs (3) and
(4) as paragraphs (2) and (3), respectively.
(2) Conforming amendments.--Such subchapter is further
amended as follows:
(A) In section 1450--
(i) by striking subsection (e); and
(ii) by striking subsection (k).
(B) In section 1451(g)(1), by striking subparagraph
(C).
(C) In section 1452--
(i) in subsection (f)(2), by striking
``does not apply--'' and all that follows and
inserting ``does not apply in the case of a
deduction made through administrative error.'';
and
(ii) by striking subsection (g).
(D) In section 1455(c), by striking ``,
1450(k)(2),''.
(b) Prohibition on Retroactive Benefits.--No benefits may be paid
to any person for any period before the effective date provided under
subsection (f) by reason of the amendments made by subsection (a).
(c) Prohibition on Recoupment of Certain Amounts Previously
Refunded to SBP Recipients.--A surviving spouse who is or has been in
receipt of an annuity under the Survivor Benefit Plan under subchapter
II of chapter 73 of title 10, United States Code, that is in effect
before the effective date provided under subsection (f) and that is
adjusted by reason of the amendments made by subsection (a) and who has
received a refund of retired pay under section 1450(e) of title 10,
United States Code, shall not be required to repay such refund to the
United States.
(d) Repeal of Authority for Optional Annuity for Dependent
Children.--Section 1448(d)(2) of such title is amended--
(1) by striking ``Dependent children.--'' and all that
follows through ``In the case of a member described in
paragraph (1),'' and inserting ``Dependent children.--In the
case of a member described in paragraph (1),''; and
(2) by striking subparagraph (B).
(e) Restoration of Eligibility for Previously Eligible Spouses.--
The Secretary of the military department concerned shall restore
annuity eligibility to any eligible surviving spouse who, in
consultation with the Secretary, previously elected to transfer payment
of such annuity to a surviving child or children under the provisions
of section 1448(d)(2)(B) of title 10, United States Code, as in effect
on the day before the effective date provided under subsection (f).
Such eligibility shall be restored whether or not payment to such child
or children subsequently was terminated due to loss of dependent status
or death. For the purposes of this subsection, an eligible spouse
includes a spouse who was previously eligible for payment of such
annuity and is not remarried, or remarried after having attained age
55, or whose second or subsequent marriage has been terminated by
death, divorce or annulment.
(f) Effective Date.--This section and the amendments made by this
section shall take effect on the later of--
(1) October 1, 2019; and
(2) the first day of the first month that begins after the
date of the enactment of this Act.
Subtitle D--Defense Resale Matters
SEC. 631. GAO REVIEW OF DEFENSE RESALE OPTIMIZATION STUDY.
(a) Review.--The Comptroller General of the United States shall
conduct a review of the business case analysis performed as part of the
defense resale optimization study conducted by the Reform Management
Group, titled ``Study to Determine the Feasibility of Consolidation of
the Defense Resale Entities'' and dated December 4, 2018.
(b) Report Required; Elements.--Not later than April 1, 2020, the
Comptroller General shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report regarding the
review performed under this section. The report shall include
evaluations of the following:
(1) The descriptions and justifications for the
assumptions, analytical choices and data used by the Reform
Management Group to calculate:
(A) Pricing.
(B) Sales assumptions.
(C) Accuracy of methods employed to measure patron
savings levels.
(2) The timetable for consolidation of military exchanges
and commissaries.
(3) The recommendations for consolidation developed as part
of the business case analysis, including the overall cost of
consolidation.
(4) The budget and oversight implications of merging non-
appropriated funds and appropriated funds to implement the
recommended reforms.
(5) The extent to which the Reform Management Group
coordinated with the Secretaries of the military departments
and the chiefs of the Armed Forces in preparing the study.
(6) The extent to which the Reform Management Group
addressed concerns of the Secretaries of the military
departments and the chiefs of the Armed Forces in the study.
(7) If the recommendations in the business case analysis
were implemented--
(A) the ability of military exchanges and
commissaries to provide earnings to support on-base
morale, welfare, and recreation programs; and
(B) the financial viability of the military
exchanges and commissaries.
(c) Delay on Consolidation.--The Secretary of Defense may not take
any action to consolidate military exchanges and commissaries until the
Committees on Armed Services of the Senate and the House of
Representatives notify the Secretary in writing of receipt and
acceptance of the findings of the Comptroller General in the report
required under this section.
SEC. 632. REPORT REGARDING MANAGEMENT OF MILITARY COMMISSARIES AND
EXCHANGES.
(a) Report Required.--Not later than 180 days after the enactment
of this Act, the Secretary of Defense shall submit to the congressional
defense committees a report regarding management practices of military
commissaries and exchanges.
(b) Elements.--The report required under this section shall include
a cost-benefit analysis with the goals of--
(1) reducing the costs of operating military commissaries
and exchanges by $2,000,000,000 during fiscal years 2020
through 2024; and
(2) not raising costs for patrons of military commissaries
and exchanges.
SEC. 633. REDUCTIONS ON ACCOUNT OF EARNINGS FROM WORK PERFORMED WHILE
ENTITLED TO AN ANNUITY SUPPLEMENT.
Section 8421a of title 5, United States Code, is amended in
subsection (c)--
(1) by striking ``full-time as an air traffic control
instructor'' and inserting ``as an air traffic control
instructor, or supervisor thereof,''; and
(2) by inserting ``or supervisor'' after ``an instructor''.
SEC. 634. EXTENSION OF CERTAIN MORALE, WELFARE, AND RECREATION
PRIVILEGES TO FOREIGN SERVICE OFFICERS ON MANDATORY HOME
LEAVE.
(a) In General.--Section 1065 of title 10, United States Code, as
added by section 621 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is
amended--
(1) in the heading, by striking ``veterans and caregivers
for veterans'' and inserting ``veterans, caregivers for
veterans, and Foreign Service officers'';
(2) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively;
(3) by inserting after subsection (e) the following new
subsection (f):
``(f) Eligibility of Foreign Service Officers on Mandatory Home
Leave.--A Foreign Service officer on mandatory home leave may be
permitted to use military lodging referred to in subsection (h).''; and
(4) in subsection (h), as redesignated by paragraph (2), by
adding at the end the following new paragraphs:
``(5) The term `Foreign Service officer' has the meaning
given that term in section 103 of the Foreign Service Act of
1980 (22 U.S.C. 3903).
``(6) The term `mandatory home leave' means leave under
section 903 of the Foreign Service Act of 1980 (22 U.S.C.
4083).''.
(b) Effective Date.--The amendments made by this section shall take
effect on January 1, 2020, as if originally incorporated in section 621
of Public Law 115-232.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. CONTRACEPTION COVERAGE PARITY UNDER THE TRICARE PROGRAM.
(a) In General.--Section 1074d of title 10, United States Code, is
amended--
(1) in subsection (a), by inserting ``for Members and
Former Members'' after ``Services Available'';
(2) by redesignating subsection (b) as subsection (d); and
(3) by inserting after subsection (a) the following new
subsections:
``(b) Care Related to Prevention of Pregnancy.--Female covered
beneficiaries shall be entitled to care related to the prevention of
pregnancy described by subsection (d)(3).
``(c) Prohibition on Cost Sharing for Certain Services.--
Notwithstanding section 1074g(a)(6), section 1075, or section 1075a of
this title, or any other provision of law, cost sharing may not be
imposed or collected for care related to the prevention of pregnancy
provided pursuant to subsection (a) or (b), including for any method of
contraception provided, whether provided through a facility of the
uniformed services, the TRICARE retail pharmacy program, or the
national mail-order pharmacy program.''.
(b) Conforming Amendment.--Section 1077(a)(13) of such title is
amended by striking ``section 1074d(b)'' and inserting ``section
1074d(d)''.
(c) Care Related to Prevention of Pregnancy.--Subsection (d)(3) of
such section 1074d, as redesignated by subsection (a)(2) of this
section, is further amended by inserting before the period at the end
the following: ``(including all methods of contraception approved by
the Food and Drug Administration, contraceptive care (including with
respect to insertion, removal, and follow up), sterilization
procedures, and patient education and counseling in connection
therewith)''.
SEC. 702. PREGNANCY PREVENTION ASSISTANCE AT MILITARY MEDICAL TREATMENT
FACILITIES FOR SEXUAL ASSAULT SURVIVORS.
(a) In General.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1074o the following new section:
``Sec. 1074p. Provision of pregnancy prevention assistance at military
medical treatment facilities
``(a) Information and Assistance.--The Secretary of Defense shall
promptly furnish to sexual assault survivors at each military medical
treatment facility the following:
``(1) Comprehensive, medically and factually accurate, and
unbiased written and oral information about all methods of
emergency contraception approved by the Food and Drug
Administration.
``(2) Notification of the right of the sexual assault
survivor to confidentiality with respect to the information and
care and services furnished under this section.
``(3) Upon request by the sexual assault survivor,
emergency contraception or, if applicable, a prescription for
emergency contraception.
``(b) Information.--The Secretary shall ensure that information
provided pursuant to subsection (a) is provided in language that--
``(1) is clear and concise;
``(2) is readily comprehensible; and
``(3) meets such conditions (including conditions regarding
the provision of information in languages other than English)
as the Secretary may prescribe in regulations to carry out this
section.
``(c) Definitions.--In this section:
``(1) The term `sexual assault survivor' means any
individual who presents at a military medical treatment
facility and--
``(A) states to personnel of the facility that the
individual experienced a sexual assault;
``(B) is accompanied by another person who states
that the individual experienced a sexual assault; or
``(C) whom the personnel of the facility reasonably
believes to be a survivor of sexual assault.
``(2) The term `sexual assault' means the conduct described
in section 1565b(c) of this title that may result in
pregnancy.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1074o the following new item:
``1074p. Provision of pregnancy prevention assistance at military
medical treatment facilities.''.
SEC. 703. MODIFICATION OF ELIGIBILITY FOR TRICARE RESERVE SELECT FOR
CERTAIN MEMBERS OF THE SELECTED RESERVE.
Section 1076d(a)(2) of title 10, United States Code, is amended by
striking ``Paragraph (1) does not apply'' and inserting ``During the
period preceding January 1, 2030, paragraph (1) does not apply''.
SEC. 704. LEAD LEVEL SCREENINGS AND TESTINGS FOR CHILDREN.
(a) TRICARE.--
(1) Well-baby care.--Section 1077 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(i)(1) Beginning January 1, 2020, in furnishing well-baby care
under subsection (a)(8), the Secretary shall ensure that the following
care is made available:
``(A) With respect to a child who lives in housing built
before 1978 at any time during the first 24 months of the life
of the child--
``(i) the first testing of the child for the level
of lead in the blood of the child at approximately the
age of 12 months; and
``(ii) the second such test at approximately the
age of 24 months.
``(B) With respect to a child not covered by subparagraph
(A) whose parent or guardian, at any time during the first 24
months of the life of the child, has a military occupational
specialty that the Secretary determines poses an elevated risk
of lead exposure--
``(i) the first testing of the child for the level
of lead in the blood of the child at approximately the
age of 12 months; and
``(ii) the second such test at approximately the
age of 24 months.
``(C) With respect to a child not covered by subparagraph
(A) or (B)--
``(i) the first screening of the child for an
elevated risk of lead exposure at approximately the age
of 12 months; and
``(ii) the second such screening at approximately
the age of 24 months.
``(D) With respect to a child covered by subparagraph (C)
whose screening indicates an elevated risk of lead exposure,
testing of the child for the level of lead in the blood of the
child.
``(2) The Secretary shall ensure that any care provided to a child
pursuant to this chapter for lead poisoning, including the care under
paragraph (1), is carried out in accordance with applicable advice from
the Centers for Disease Control and Prevention.
``(3)(A) With respect to a child who receives a test under
paragraph (1), the Secretary shall provide the results of the test to
the parent or guardian of the child.
``(B) With respect to a child who receives a test under paragraph
(1), the Secretary shall provide the results of the test and the
address at which the child resides to--
``(i) the relevant health department of the State in which
the child resides if the child resides in the United States; or
``(ii) the Centers for Disease Control and Prevention if
the child resides outside the United States.
``(C) In providing information regarding a child to a State or the
Centers for Disease Control and Prevention under subparagraph (B), the
Secretary may not provide any identifying information or health
information of the child that is not specifically authorized in such
subparagraph.
``(D) In this paragraph, the term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto Rico, and
any territory or possession of the United States.''.
(2) Conforming amendment.--Subsection (a)(8) of such
section is amended by striking ``including well-baby care that
includes one screening of an infant for the level of lead in
the blood of the infant'' and inserting ``including, in
accordance with subsection (i), well-baby care that includes
screenings and testings for lead exposure and lead poisoning''.
(3) Study.--Not later than January 1, 2021, the Secretary
of Defense shall submit to the congressional defense committees
a report detailing the following:
(A) The number of children who were tested for the
level of lead in the blood of the child pursuant to
subparagraph (A) of subsection (i)(1) of section 1077
of title 10, United States Code, as added by paragraph
(1), and of such number, the number who were found to
have elevated blood lead levels.
(B) The number of children who were tested for the
level of lead in the blood of the child pursuant to
subparagraph (B) of such subsection (i)(1), and of such
number, the number who were found to have lead
poisoning.
(C) The number of children who were screened for an
elevated risk of lead exposure pursuant to subparagraph
(C) of such subsection (i)(1).
(D) The number of children who were tested for the
level of lead in the blood of the child pursuant to
subparagraph (D) of such subsection, and of such
number, the number who were found to have elevated
blood lead levels.
(E) The treatment provided to children pursuant to
chapter 55 of title 10, United States Code, for lead
poisoning.
(4) GAO report.--Not later than January 1, 2022, the
Comptroller General of the United States shall submit to the
congressional defense committees a report on the effectiveness
of screening, testing, and treating children for lead exposure
and lead poisoning pursuant to chapter 55 of title 10, United
States Code.
(b) Notification of Housing.--Section 403 of title 37, United
States Code, is amended by adding at the end the following new
subsection:
``(p) Records Regarding Housing and Lead-Based Paint.--(1) The
Secretary concerned shall keep a record of whether the following
housing was built before, during, or after 1978:
``(A) Quarters of the United States under the jurisdiction
of that Secretary concerned.
``(B) A housing facility under the jurisdiction of that
Secretary concerned.
``(C) Other housing in which a member of the uniformed
service of that Secretary concerned resides.
``(2) As a condition of receipt of a basic allowance for housing
under this section, a member of the uniformed services shall notify the
Secretary concerned whether the housing in which that member resides
was built before, during, or after 1978.''.
SEC. 705. EXPOSURE TO OPEN BURN PITS AND TOXIC AIRBORNE CHEMICALS OR
OTHER AIRBORNE CONTAMINANTS AS PART OF PERIODIC HEALTH
ASSESSMENTS AND OTHER PHYSICAL EXAMINATIONS.
(a) Periodic Health Assessment.--The Secretary of Defense shall
ensure that any periodic health assessment provided to members of the
Armed Forces includes an evaluation of whether the member has been--
(1) based or stationed at a location where an open burn pit
was used; or
(2) exposed to toxic airborne chemicals or other airborne
contaminants, including any information recorded as part of the
Airborne Hazards and Open Burn Pit Registry.
(b) Separation History and Physical Examinations.--Section
1145(a)(5) of title 10, United States Code, is amended by adding at the
end the following new subparagraph:
``(C) The Secretary concerned shall ensure that each physical
examination of a member under subparagraph (A) includes an assessment
of whether the member was--
``(i) based or stationed at a location where an open burn
pit, as defined in subsection (c) of section 201 of the
Dignified Burial and Other Veterans' Benefits Improvement Act
of 2012 (Public Law 112-260; 38 U.S.C. 527 note), was used; or
``(ii) exposed to toxic airborne chemicals or other
airborne contaminants, including any information recorded as
part of the registry established by the Secretary of Veterans
Affairs under such section 201.''.
(c) Deployment Assessments.--Section 1074f(b)(2) of title 10,
United States Code, is amended by adding at the end the following new
subparagraph:
``(D) An assessment of whether the member was--
``(i) based or stationed at a location where an
open burn pit, as defined in subsection (c) of section
201 of the Dignified Burial and Other Veterans'
Benefits Improvement Act of 2012 (Public Law 112-260;
38 U.S.C. 527 note), was used; or
``(ii) exposed to toxic airborne chemicals or other
airborne contaminants, including any information
recorded as part of the registry established by the
Secretary of Veterans Affairs under such section
201.''.
(d) Sharing of Information.--
(1) DOD-VA.--The Secretary of Defense and the Secretary of
Veterans Affairs shall jointly enter into a memorandum of
understanding providing for the sharing by the Department of
Defense with the Department of Veterans Affairs of the results
of covered evaluations regarding the exposure by a member of
the Armed Forces to toxic airborne chemicals or other airborne
contaminants.
(2) Registry.--If a covered evaluation of a member of the
Armed Forces establishes that the member was based or stationed
at a location where an open burn pit was used or that the
member was exposed to toxic airborne chemicals or other
airborne contaminants, the member shall be enrolled in the
Airborne Hazards and Open Burn Pit Registry unless the member
elects to not so enroll.
(e) Rule of Construction.--Nothing in this section may be construed
to preclude eligibility for benefits under the laws administered by the
Secretary of Veterans Affairs by reason of the open burn pit exposure
history of a veteran not being recorded in a covered evaluation.
(f) Definitions.--In this section:
(1) The term ``Airborne Hazards and Open Burn Pit
Registry'' means the registry established by the Secretary of
Veterans Affairs under section 201 of the Dignified Burial and
Other Veterans' Benefits Improvement Act of 2012 (Public Law
112-260; 38 U.S.C. 527 note).
(2) The term ``covered evaluation'' means--
(A) a periodic health assessment conducted in
accordance with subsection (a);
(B) a separation history and physical examination
conducted under section 1145(a)(5) of title 10, United
States Code, as amended by this section; and
(C) a deployment assessment conducted under section
1074f(b)(2) of such title, as amended by this section.
(3) The term ``open burn pit'' has the meaning given that
term in section 201(c) of the Dignified Burial and Other
Veterans' Benefits Improvement Act of 2012 (Public Law 112-260;
38 U.S.C. 527 note).
SEC. 706. ENHANCEMENT OF RECORDKEEPING AND POSTDEPLOYMENT MEDICAL
ASSESSMENT REQUIREMENTS RELATED TO OCCUPATIONAL AND
ENVIRONMENTAL HAZARD EXPOSURE DURING DEPLOYMENT.
(a) Recording of Occupational and Environmental Health Risks in
Deployment Area.--
(1) Elements of medical tracking system.--Subsection
(b)(1)(A) of section 1074f of title 10, United States Code, is
amended--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(iv) accurately record
any exposure to occupational
and environmental health risks
during the course of their
deployment.''.
(2) Recordkeeping.--Subsection (c) of such section is
amended by inserting after ``deployment area'' the following:
``(including the results of any assessment performed by the
Secretary of occupational and environmental health risks for
such area)''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act.
(b) Integration of Burn Pit Registry Information Into Electronic
Health Records.--
(1) Updates to electronic health records.--Beginning not
later than one year after the date of the enactment of this
Act--
(A) the Secretary of Defense shall ensure that the
electronic health record maintained by such Secretary
of a member of the Armed Forces registered with the
burn pit registry is updated with any information
contained in such registry; and
(B) the Secretary of Veterans Affairs shall ensure
that the electronic health record maintained by such
Secretary of a veteran registered with the burn pit
registry is updated with any information contained in
such registry.
(2) Burn pit registry defined.--In this subsection, the
term ``burn pit registry'' means the registry established under
section 201 of the Dignified Burial and Other Veterans'
Improvements Act of 2012 (Public Law 112-260; 38 U.S.C. 527
note).
(c) Postdeployment Medical Examination and Reassessments.--
(1) Additional requirements.--Section 1074f of title 10,
United States Code is further amended by adding at the end the
following new subsection:
``(g) Additional Requirements for Postdeployment Medical
Examinations and Health Reassessments.--(1) The Secretary of Defense
shall--
``(A) standardize and make available to a provider that
conducts a postdeployment medical examination or reassessment
under the system described in subsection (a) questions relating
to occupational and environmental health exposure; and
``(B) prior to an examination or reassessment of a member
of the armed forces, require such provider to review
information applicable to such member--
``(i) in a Periodic Occupational and Environmental
Monitoring Summary (or any successor document); and
``(ii) on the Defense Occupational and
Environmental Health Readiness System (or any successor
system).
``(2) The Secretary shall ensure that the medical record of a
member includes information on the external cause relating to a
diagnosis of the member, including by associating an external cause
code (as issued under the International Statistical Classification of
Diseases, 10th Revision (or any successor revision)).''.
(2) Effective date.--The amendments made by this subsection
shall take effect 180 days after the date of the enactment of
this Act.
(d) Report by Comptroller General of the United States.--Not later
than two years after the date of the enactment of this Act, the
Comptroller General of the United States shall submit to the
congressional defense committees and the Committees on Veterans'
Affairs of the House of Representatives and the Senate a report
containing an evaluation of the implementation of this section (and the
amendments made by this section), including an assessment of the extent
to which the Secretary of Defense and Secretary of Veterans Affairs are
in compliance with the applicable requirements of this section (and the
amendments made by this section).
SEC. 707. MODIFICATIONS TO POST-DEPLOYMENT MENTAL HEALTH ASSESSMENTS
FOR MEMBERS OF THE ARMED FORCES DEPLOYED IN SUPPORT OF A
CONTINGENCY OPERATION.
(a) Required Assessments.--Section 1074m(a)(1) of title 10, United
States Code, is amended by striking subparagraphs (C) and (D) and
inserting the following new subparagraphs:
``(C) Subject to paragraph (3) and subsection (d),
once during the period beginning on the date of
redeployment from the contingency operation and ending
14 days after such redeployment date.
``(D) Subject to subsection (d), not less than once
annually--
``(i) beginning 14 days after the date of
redeployment from the contingency operation; or
``(ii) if the assessment required by
subparagraph (C) is performed during the period
specified in paragraph (3), beginning 180 days
after the date of redeployment from the
contingency operation.''.
(b) Exceptions.--Section 1074m(a) of such title, as amended by
subsection (a), is further amended by striking paragraph (2) and
inserting the following new paragraphs:
``(2) A mental health assessment is not required for a member of
the armed forces under subparagraphs (C) and (D) of paragraph (1)
(including an assessment performed pursuant to paragraph (3)) if the
Secretary determines that providing such assessment to the member
during the time periods under such subparagraphs would remove the
member from forward deployment or put members or operational objectives
at risk.
``(3) A mental health assessment required under subparagraph (C) of
paragraph (1) may be provided during the period beginning 90 days after
the date of redeployment from the contingency operation and ending 180
days after such redeployment date if the Secretary determines that--
``(A) an insufficient number of personnel are available to
perform the assessment during the time period under such
subparagraph; or
``(B) an administrative processing issue exists upon the
return of the member to the home unit or duty station that
would prohibit the effective performance of the assessment
during such time period.''.
(c) Elimination of Sunset for Assessments During Deployment.--
Section 1074m(a)(1)(B) of such title is amended by striking ``Until
January 1, 2019, once'' and inserting ``Once''.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall apply with respect to a date of redeployment that is on or after
January 1, 2020.
SEC. 708. PROVISION OF BLOOD TESTING FOR FIREFIGHTERS OF DEPARTMENT OF
DEFENSE TO DETERMINE EXPOSURE TO PERFLUOROALKYL AND
POLYFLUOROALKYL SUBSTANCES.
The Secretary of Defense shall include, as part of the annual
physical examination provided by the Secretary to each firefighter of
the Department of Defense, blood testing to determine and document the
potential exposure of such firefighters to perfluoroalkyl and
polyfluoroalkyl substances (commonly known as ``PFAS'').
SEC. 709. INCLUSION OF INFERTILITY TREATMENTS FOR MEMBERS OF THE
UNIFORMED SERVICES.
(a) Inclusion.--The Secretary of Defense may provide to members of
uniformed services under section 1074(a) of title 10, United States
Code, and spouses of such members, treatment for infertility, including
nonexperimental assisted reproductive services, including, at a
minimum, the following:
(1) Services, medications, and supplies for non-coital
reproductive technologies.
(2) Counseling on such services.
(3) Reversal of tubal ligation or vasectomy in conjunction
with services furnished under this section.
(4) Cryopreservation, including associated services,
supplies, and storage.
(b) Prohibition on Cost Sharing.--The Secretary may not require any
fees or other cost-sharing requirements under subsection (a).
(c) Infertility Defined.--In this section, the term ``infertility''
means a disease, characterized by the failure to establish a clinical
pregnancy--
(1) after 12 months of regular, unprotected sexual
intercourse; or
(2) due to a person's incapacity for reproduction either as
an individual or with his or her partner, which may be
determined after a period of less than 12 months of regular,
unprotected sexual intercourse, or based on medical, sexual and
reproductive history, age, physical findings, or diagnostic
testing.
SEC. 710. AUTHORIZATION OF APPROPRIATIONS FOR TRICARE LEAD SCREENING
AND TESTING FOR CHILDREN.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 1405 for the Defense Health Program, as specified in the
corresponding funding table in section 4501, for Undistributed, TRICARE
lead level screening and testing for children, is hereby increased by
$5,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 101 for Procurement of Wheeled and Tracked Combat Vehicles,
Army, as specified in the corresponding funding table in section 4101,
for Bradley Program (Mod) is hereby reduced by $5,000,000.
Subtitle B--Health Care Administration
SEC. 711. REQUIREMENTS FOR CERTAIN PRESCRIPTION DRUG LABELS.
(a) Requirement.--Section 1074g of title 10, United States Code, is
amended--
(1) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) Labeling.--The Secretary of Defense shall ensure that drugs
made available through the facilities of the armed forces under the
jurisdiction of the Secretary include labels that--
``(1) are printed and physically located on or within the
package from which the drug is to be dispensed; and
``(2) provide adequate directions for the purposes for
which the drug is intended.''.
(b) Conforming Amendment.--Subsection (b)(1) of such section is
amended by striking ``under subsection (h)'' and inserting ``under
subsection (j)''.
(c) Implementation.--Beginning not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense shall
implement subsection (h) of section 1074g of title 10, United States
Code, as added by subsection (a).
SEC. 712. OFFICERS AUTHORIZED TO COMMAND ARMY DENTAL UNITS.
Section 7081(d) of title 10, United States Code, is amended by
striking ``Dental Corps Officer'' and inserting ``commissioned officer
of the Army Medical Department''.
SEC. 713. IMPROVEMENTS TO INTERAGENCY PROGRAM OFFICE OF THE DEPARTMENT
OF DEFENSE AND THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Leadership.--Subsection (c) of section 1635 of the Wounded
Warrior Act (title XVI of Public Law 110-181; 10 U.S.C. 1071 note) is
amended to read as follows:
``(c) Leadership.--
``(1) Director.--The Director of the Office shall be the
head of the Office.
``(2) Deputy director.--The Deputy Director of the Office
shall be the deputy head of the Office and shall assist the
Director in carrying out the duties of the Director.
``(3) Reporting.--The Director shall report to the
Department of Veterans Affairs-Department of Defense Joint
Executive Committee established by section 320 of title 38,
United States Code.
``(4) Appointments.--
``(A) Director.--The Director shall be jointly
appointed by the Secretary of Veterans Affairs and the
Secretary of Defense for a five-year term. The Director
may be reappointed for one or more additional terms.
``(B) Deputy director.--The Deputy Director shall
be jointly appointed by the Secretary of Veterans
Affairs and the Secretary of Defense for a five-year
term. The Deputy Director may be reappointed for one or
more additional terms.
``(C) Advice.--The Department of Veterans Affairs-
Department of Defense Joint Executive Committee shall
provide the Secretary of Veterans Affairs and the
Secretary of Defense with advice regarding potential
individuals to be appointed Director and Deputy
Director under subparagraphs (A) and (B), respectively.
``(D) Minimum qualifications.--The Department of
Veterans Affairs-Department of Defense Joint Executive
Committee shall develop qualification requirements for
the office of the Director and the Deputy Director.
Such requirements shall ensure that, at a minimum, the
Director and Deputy Director, individually or together,
meet the following qualifications:
``(i) Significant experience as a
clinician, at the level of chief medical
officer or equivalent.
``(ii) Significant experience in health
informatics, at the level of chief health
informatics officer or equivalent.
``(iii) Significant experience leading
implementation of enterprise-wide technology in
a health care setting in the public or private
sector.
``(5) Additional guidance.--In addition to providing
direction, supervision, and control of the Office pursuant to
paragraph (3), the Department of Veterans Affairs-Department of
Defense Joint Executive Committee shall--
``(A) provide guidance in the discharge of the
functions of the Office under this section; and
``(B) facilitate the establishment of a charter and
mission statement for the Office.
``(6) Information to congress.--Upon request by any of the
appropriate committees of Congress, the Director and the Deputy
Director shall testify before such committee, or provide a
briefing or otherwise provide requested information to such
committee, regarding the discharge of the functions of the
Office under this section.''.
(b) Authority.--Paragraph (1) of subsection (b) of such section is
amended by adding at the end the following new sentence: ``The Office
shall carry out decision making authority delegated to the office by
the Secretary of Defense and the Secretary of Veterans Affairs with
respect to the definition, coordination, and management of functional,
technical, and programmatic activities that are jointly used, carried
out, and shared by the Departments.''.
(c) Purposes.--Paragraph (2) of subsection (b) of such section is
by adding at the end the following new subparagraphs:
``(C) To develop and implement a comprehensive
interoperability strategy, including pursuant to the
National Defense Authorization Act for Fiscal Year 2020
or other provision of law requiring such strategy.
``(D) To pursue the highest level of
interoperability (as defined in section 713 of the
National Defense Authorization Act for Fiscal Year
2020) for the delivery of health care by the Department
of Defense and the Department of Veterans Affairs.
``(E) To accelerate the exchange of health care
information between the Departments in order to support
the delivery of health care by both Departments.
``(F) To collect the operational and strategic
requirements of the Departments relating to the
strategy under subsection (a) and communicate such
requirements and activities to the Office of the
National Coordinator for Health Information Technology
of the Department of Health and Human Services for the
purpose of implementing title IV of the 21st Century
Cures Act (division A of Public Law 114-255), and the
amendments made by that title, and other objectives of
the Office of the National Coordinator for Health
Information Technology.
``(G) To plan for and effectuate the broadest
possible implementation of standards, specifically with
respect to the Fast Healthcare Interoperability
Resources standard or successor standard, the evolution
of such standards, and the obsolescence of such
standards.
``(H) To actively engage with national and
international health standards setting organizations,
including by taking membership in such organizations,
to ensure that standards established by such
organizations meet the needs of the Department of
Defense and the Department of Veterans Affairs pursuant
to the strategy under subsection (a), and oversee and
approve adoption of and mapping to such standards by
the Departments.
``(I) To express the content and format of health
data of the Departments using a common language to
improve the exchange of data between the Departments
and with the private sector, and to ensure that
clinicians of both Departments have access to
integrated, computable, comprehensive health records of
patients.
``(J) To inform each Chief Information Officer of
the Department of Defense and the Chief Information
Officer of the Department of Veterans Affairs of any
activities of the Office affecting or relevant to
cybersecurity.''.
(d) Resources and Staffing.--Subsection (g) of such section is
amended--
(1) in paragraph (1), by inserting before the period at the
end the following: ``, including the assignment of clinical or
technical personnel of the Department of Defense or the
Department of Veterans Affairs to the Office''; and
(2) by adding at the end the following new paragraphs:
``(3) Cost sharing.--The Secretary of Defense and the
Secretary of Veterans Affairs, acting through the Department of
Veterans Affairs-Department of Defense Joint Executive
Committee, shall enter into an agreement on cost sharing and
providing resources for the operations and staffing of the
Office.
``(4) Hiring authority.--The Secretary of Defense and the
Secretary of Veterans Affairs shall delegate to the Director
the authority under title 5, United States Code, regarding
appointments in the competitive service to hire personnel of
the Office.''.
(e) Budget Matters.--Such section is amended by adding at the end
the following new subsection:
``(k) Budget and Contracting Matters.--
``(1) Budget.--The Director may obligate and expend funds
allocated to the operations of the Office.
``(2) Contract authority.--The Director may enter into
contracts to carry out this section.''.
(f) Reports.--Subsection (h) of such section is amended to read as
follows:
``(h) Reports.--
``(1) Annual reports.--Not later than September 30, 2020,
and each year thereafter through 2024, the Director shall
submit to the Secretary of Defense and the Secretary of
Veterans Affairs, and to the appropriate committees of
Congress, a report on the activities of the Office during the
preceding calendar year. Each report shall include the
following:
``(A) A detailed description of the activities of
the Office during the year covered by such report,
including a detailed description of the amounts
expended and the purposes for which expended.
``(B) With respect to the objectives of the
strategy under paragraph (2)(C) of subsection (b), and
the purposes of the Office under such subsection--
``(i) a discussion, description, and
assessment of the progress made by the
Department of Defense and the Department of
Veterans Affairs during the preceding calendar
year; and
``(ii) a discussion and description of the
goals of the Department of Defense and the
Department of Veterans Affairs for the
following calendar year.
``(2) Quarterly reports.--On a quarterly basis, the
Director shall submit to the appropriate committees of Congress
a detailed financial summary of the activities of the Office,
including the funds allocated to the Office by each Department,
the expenditures made, and an assessment as to whether the
current funding is sufficient to carry out the activities of
the Office.
``(3) Availability.--Each report under this subsection
shall be made publicly available.''.
(g) Conforming Repeal.--Section 713 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C.
1071 note) is repealed.
SEC. 714. COMPREHENSIVE ENTERPRISE INTEROPERABILITY STRATEGY FOR THE
ARMED FORCES AND THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--The Secretary of Defense and the Secretary of
Veterans Affairs, acting through the office established by section
1635(b) of the Wounded Warrior Act (title XVI of Public Law 110-181; 10
U.S.C. 1071 note), shall jointly develop and implement a comprehensive
interoperability strategy to--
(1) improve the delivery of health care by the Armed Forces
and the Department of Veterans Affairs by taking advantage of
advances in the health information technology marketplace;
(2) achieve interoperability capabilities that are more
adaptable and farther reaching than those achievable through
bidirectional information exchange between electronic health
records or the exchange of read-only data alone;
(3) establish an environment that will enable and encourage
the adoption of innovative technologies for health care
delivery;
(4) leverage data integration to advance health research
and develop an evidence base for the health care programs of
both Departments;
(5) prioritize open systems architecture;
(6) ensure ownership and control by patients of their
health data;
(7) protect patient privacy and enhance opportunities for
innovation by preventing contractors of the Departments or
other non-Department entities from owning or exclusively
controlling patient health data;
(8) make maximum use of open-application program interfaces
and the Fast Healthcare Interoperability Resources standard, or
successor standard; and
(9) achieve--
(A) a single lifetime longitudinal personal health
record between the Armed Forces and the Department of
Veterans Affairs; and
(B) interoperability capabilities sufficient to
enable the provision of seamless health care relating
to--
(i) the Armed Forces and private-sector
health care providers under the TRICARE
program; and
(ii) the Department of Veterans Affairs and
community health care providers pursuant to
sections 1703 and 1703A of title 38, United
States Code, and other provisions of law
administered by the Secretary of Veterans
Affairs.
(b) Content.--The strategy under subsection (a) shall--
(1) include, but shall not be limited to, the Electronic
Health Record Modernization Program and the Healthcare
Management System Modernization Program of the Armed Forces;
and
(2) consist of--
(A) elements formulated and implemented jointly by
the Secretary of Defense and the Secretary of Veterans
Affairs; and
(B) elements that are unique to either Department
and are formulated and implemented separately by either
Secretary.
(c) Submission of Strategy.--
(1) Strategy.--Not later than 180 days after the date of
the enactment of this Act, the Director shall submit to each
Secretary concerned, and to the appropriate congressional
committees, the strategy under subsection (a), including any
accompanying or associated implementation plans and supporting
information.
(2) Updated strategy.--Not later than December 31, 2024,
the Director shall submit to each Secretary concerned, and to
the appropriate congressional committees, an update to the
strategy under subsection (a), including any accompanying or
associated implementation plans and supporting information.
(3) Availability.--The Secretaries concerned shall make
available to the public the strategy submitted under paragraphs
(1) and (2), including by posting such strategy on the internet
websites of the Secretaries that is available to the public.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The congressional defense committees.
(B) The Committees on Veterans' Affairs of the
House of Representatives and the Senate.
(2) The term ``Director'' means the Director of the office
established by section 1635(b) of the Wounded Warrior Act
(title XVI of Public Law 110-181; 10 U.S.C. 1071 note).
(3) The term ``Electronic Health Record Modernization
Program'' has the meaning given that term in section 503 of the
Veterans Benefits and Transition Act of 2018 (Public Law 115-
407; 132 Stat. 5376).
(4) The term ``interoperability'' means the ability of
different information systems, devices, or applications to
connect in a coordinated and secure manner, within and across
organizational boundaries, across the complete spectrum of
care, including all applicable care settings, and with relevant
stakeholders, including the person whose information is being
shared, to access, exchange, integrate, and use computable data
regardless of the data's origin or destination or the
applications employed, and without additional intervention by
the end user, including--
(A) the capability to reliably exchange information
without error;
(B) the ability to interpret and to make effective
use of the information so exchanged; and
(C) the ability for information that can be used to
advance patient care to move between health care
entities, regardless of the technology platform in
place or the location where care was provided.
(5) The term ``seamless health care'' means health care
which is optimized through access by patients and clinicians to
integrated, relevant, and complete information about the
patient's clinical experiences, social and environmental
determinants of health, and health trends over time in order to
enable patients and clinicians to move from task to task and
encounter to encounter, within and across organizational
boundaries, such that high-quality decisions may be formed
easily and complete plans of care may be carried out smoothly.
(6) The term ``Secretary concerned'' means--
(A) the Secretary of Defense, with respect to
matters concerning the Department of Defense;
(B) the Secretary of Veterans Affairs, with respect
to matters concerning the Department of Veterans
Affairs; and
(C) the Secretary of Homeland Security, with
respect to matters concerning the Coast Guard when it
is not operating as a service in the Department of the
Navy.
(7) The term ``TRICARE program'' has the meaning given that
term in section 1072 of title 10, United States Code.
SEC. 715. DEMONSTRATION OF INTEROPERABILITY MILESTONES.
(a) Milestones.--
(1) Evaluation.--To demonstrate increasing levels of
interoperability, functionality, and seamless health care
within the electronic health record systems of the Department
of Defense and the Department of Veterans Affairs, the Office
shall seek to enter into an agreement with an independent
entity to conduct an evaluation of the following use cases of
such systems:
(A) By not later than 18 months after the date of
the enactment of this Act, whether a clinician of the
Department of Defense can access and meaningfully
interact with a complete veteran patient health record
from a military medical treatment facility.
(B) By not later than 18 months after the date of
the enactment of this Act, whether a clinician of the
Department of Veterans Affairs can access and
meaningfully interact with a complete patient health
record of a member of the Armed Forces serving on
active duty from a medical center of the Department of
Veterans Affairs.
(C) By not later than two years after the date of
the enactment of this Act, whether a clinician in the
Department of Defense and the Department of Veterans
Affairs can access and meaningfully interact with the
data elements of the health record of a veteran patient
or member of the Armed Forces which are generated when
the veteran patient or member of the Armed Forces
receives health care from a community care provider of
the Department of Veterans Affairs or a TRICARE
provider of the Department of Defense
(D) By not later than two years after the date of
the enactment of this Act, whether a community care
provider of the Department of the Veterans Affairs and
a TRICARE provider on a Health Information Exchange-
supported electronic health record can access a veteran
and active-duty member patient health record from the
provider's system.
(E) By not later than two years after the enactment
of this Act, and subsequently after each significant
implementation wave, an assessment of interoperability
between the legacy electronic health record systems and
the future electronic health record systems of the
Department of Veterans Affairs and the Department of
Defense.
(F) By not later than two years after the enactment
of this Act, and subsequently after each significant
implementation wave, an assessment of the use of
interoperable content between the legacy electronic
health record systems and the future electronic health
record systems of the Department of Veterans Affairs
and the Department of Defense, and third-party
applications.
(2) Submission.--The Office shall submit to the appropriate
congressional committees a report detailing the evaluation,
methodology for testing, and findings for each milestone
demonstration under paragraph (1) by not later than the date
specified under such paragraph.
(b) System Configuration Management.--The Office shall--
(1) maintain the common configuration baseline for the
electronic health record systems of the Department of Defense
and the Department of Veterans Affairs; and
(2) continually evaluate the state of configuration, the
impacts on interoperability, and shall promote the enhancement
of such electronic health records systems.
(c) Regular Clinical Consultation.--The Office shall convene at
least annually a clinical workshop to include clinical staff from the
Department of Defense, the Department of Veterans Affairs, the Coast
Guard, community providers, and other leading clinical experts to
assess the state of clinical use of the electronic health record
systems and whether the systems are meeting clinical and patient needs.
The clinical workshop shall make recommendations to the Office on the
need for any improvements or concerns with the electronic health record
systems.
(d) Clinician and Patient Satisfaction Survey.--Beginning October
1, 2021, on at least a biannual basis, the Office shall undertake a
clinician and patient satisfaction survey regarding clinical use and
patient experience with the electronic health record systems of the
Department of Defense and the Department of Veterans Affairs.
(e) Annual Reports.--Not later than September 30, 2020, and
annually thereafter, the Office shall submit to the appropriate
congressional committees a report on--
(1) the state of the configuration baseline under
subsection (b) and any activities which decremented or enhanced
the state of configuration; and
(2) the activities, assessments and recommendations of the
clinical workshop under subsection (c) and the response of the
Office to the workshop recommendations and any action plans to
implement the recommendations.
(f) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The congressional defense committees.
(B) The Committees on Veterans' Affairs of the
House of Representatives and the Senate.
(2) The term ``configuration baseline'' means a fixed
reference in the development cycle or an agreed-upon
specification of a product at a point in time. It serves as a
documented basis for defining incremental change in all aspects
of an information technology product.
(3) The term ``interoperability'' means the ability of
different information systems, devices, or applications to
connect in a coordinated and secure manner, within and across
organizational boundaries, across the complete spectrum of
care, including all applicable care settings, and with relevant
stakeholders, including the person whose information is being
shared, to access, exchange, integrate, and use computable data
regardless of the data's origin or destination or the
applications employed, and without additional intervention by
the end user, including--
(A) the capability to reliably exchange information
without error;
(B) the ability to interpret and to make effective
use of the information so exchanged; and
(C) the ability for information that can be used to
advance patient care to move between health care
entities, regardless of the technology platform in
place or the location where care was provided.
(4) The term ``meaningfully interact'' means that
information can be viewed, consumed, acted upon, and edited in
a clinical setting to facilitate high quality clinical decision
making in a clinical setting.
(5) The term ``Office'' means the office established by
section 1635(b) of the Wounded Warrior Act (title XVI of Public
Law 110-181; 10 U.S.C. 1071 note).
(6) The term ``seamless health care'' means health care
which is optimized through access by patients and clinicians to
integrated, relevant, and complete information about the
patient's clinical experiences, social and environmental
determinants of health, and health trends over time in order to
enable patients and clinicians to move from task to task and
encounter to encounter, within and across organizational
boundaries, such that high-quality decisions may be formed
easily and complete plans of care may be carried out smoothly.
(7) The term ``TRICARE program'' has the meaning given that
term in section 1072 of title 10, United States Code.
SEC. 716. INCLUSION OF BLAST EXPOSURE HISTORY IN MEDICAL RECORDS OF
MEMBERS OF THE ARMED FORCES.
(a) Requirement.--The Secretary of Defense, in coordination with
the Secretaries of the military departments, shall document blast
exposure history in the medical record of a member of the Armed Forces
to--
(1) assist in determining whether a future illness or
injury of the member is service-connected; and
(2) inform future blast exposure risk mitigation efforts of
the Department of Defense.
(b) Elements.--A blast exposure history under subsection (a) shall
include, at a minimum, the following:
(1) The date of the exposure.
(2) The duration of the exposure, and, if known, the
measured blast pressure experienced by the individual during
such exposure.
(3) Whether the exposure occurred during combat or
training.
(4) Such other information relating to the exposure as the
Secretary of Defense may specify pursuant to the guidance
described in subsection (c)(1).
(c) Collection of Exposure Information.--The Secretary of Defense
shall collect blast exposure information with respect to a member of
the Armed Forces in a manner--
(1) consistent with blast exposure measurement training
guidance of the Department, including any new guidance
developed pursuant to--
(A) the study on blast pressure exposure required
by section 734 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat.
1444); and
(B) the review of guidance on blast exposure during
training required by section 253 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 1704, 10 U.S.C. 2001
note);
(2) compatible with training and operational objectives;
and
(3) that is automated, to the extent practicable, to
minimize the reporting burden of unit commanders.
(d) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the types of information included in a
blast exposure history under subsection (a).
SEC. 717. COMPREHENSIVE POLICY FOR PROVISION OF MENTAL HEALTH CARE TO
MEMBERS OF THE ARMED FORCES.
(a) Policy Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, acting through the
Under Secretary of Defense for Personnel and Readiness, shall develop
and implement a comprehensive policy for the provision of mental health
care to members of the Armed Forces.
(b) Elements.--The policy under subsection (a) shall address each
of the following:
(1) The compliance of health professionals in the military
health system engaged in the provision of health care services
to members with clinical practice guidelines for--
(A) suicide prevention;
(B) medication-assisted therapy for alcohol use
disorders; and
(C) medication-assisted therapy for opioid use
disorders.
(2) The access and availability of mental health care
services to members who are victims of sexual assault or
domestic violence.
(3) The availability of naloxone reversal capability on
military installations.
(4) The promotion of referrals of members by civilian
health care providers to military medical treatment facilities
when such members are--
(A) at high risk for suicide and diagnosed with a
psychiatric disorder; or
(B) receiving treatment for opioid use disorders.
(5) The provision of comprehensive behavioral health
treatment to members of the reserve components that takes into
account the unique challenges associated with the deployment
pattern of such members and the difficulty such members
encounter post-deployment with respect to accessing such
treatment in civilian communities.
(c) Consideration.--In developing the policy under subsection (a),
the Secretary of Defense shall solicit and consider recommendations
from the Secretaries of the military departments and the Chairman of
the Joint Chiefs of Staff regarding the feasibility of implementation
and execution of particular elements of the policy.
(d) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the implementation of the policy under
subsection (a).
SEC. 718. LIMITATION ON THE REALIGNMENT OR REDUCTION OF MILITARY
MEDICAL MANNING END STRENGTH.
(a) Limitation.--Except as provided by subsection (d), the
Secretary of Defense and the Secretaries concerned may not realign or
reduce military medical end strength authorizations until--
(1) each review is conducted under paragraph (1) of
subsection (b);
(2) each analysis is conducted under paragraph (2) of such
subsection;
(3) the measurement is developed under paragraph (3) of
such subsection;
(4) each plan and forum is provided under paragraph (4) of
such subsection; and
(5) a period of 90 days elapses following the date on which
the Secretary submits the report under subsection (c).
(b) Reviews, Analyses, and Other Information.--
(1) Review.--Each Secretary concerned, in coordination with
the Chairman of the Joint Chiefs of Staff, shall conduct a
review of the medical manpower requirements of the military
department of the Secretary that accounts for all national
defense strategy scenarios.
(2) Analyses.--With respect to each military medical
treatment facility that would be affected by a proposed
military medical end strength realignment or reduction, the
Secretary concerned shall conduct an analysis that--
(A) identifies affected billets; and
(B) includes a plan for mitigating any potential
gap in health care services caused by such realignment
or reduction.
(3) Measurement.--The Secretary of Defense shall--
(A) develop a standard measurement for network
adequacy to determine the capacity of the local health
care network to provide care for covered beneficiaries
in the area of a military medical treatment facility
that would be affected by a proposed military medical
end strength realignment or reduction; and
(B) use such measurement in carrying out this
section and otherwise evaluating proposed military
medical end strength realignment or reductions.
(4) Outreach.--The Secretary of Defense shall provide to
each member of the Armed Forces and covered beneficiary located
in the area of a military medical treatment facility that would
be affected by a proposed military medical end strength
realignment or reduction the following:
(A) A transition plan for continuity of health care
services.
(B) A public forum to discuss the concerns of the
member and covered beneficiary regarding such proposed
realignment or reduction.
(c) 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 House of Representatives and the
Senate a report on the proposed military medical end strength
realignments or reductions, including--
(1) the reviews, analyses, and other information developed
under subsection (b); and
(2) a description of the actions the Secretary plans to
take with respect to such proposed realignments or reductions.
(d) Exception.--The limitation in subsection (a) shall not apply to
billets of a medical department of a military department that have
remained unfilled since at least October 1, 2018. The Secretary
concerned may realign or reduce such a billet if the Secretary
determines that such realignment or reduction does not affect the
provision of health care services to members of the Armed Forces or
covered beneficiaries.
(e) Definitions.--In this section:
(1) The term ``covered beneficiary'' has the meaning given
that term in section 1072 of title 10, United States Code.
(2) The term ``proposed military medical end strength
realignment or reduction'' means a realignment or reduction of
military medical end strength authorizations as proposed by the
budget of the President for fiscal year 2020 submitted to
Congress pursuant to section 1105 of title 31, United States
Code.
(3) The term ``Secretary concerned'' means--
(A) the Secretary of the Army, with respect to
matters concerning the Army;
(B) the Secretary of the Navy, with respect to
matters concerning the Navy, the Marine Corps, and the
Coast Guard when it is operating as a service in the
Department of the Navy; and
(C) the Secretary of the Air Force, with respect to
matters concerning the Air Force.
SEC. 719. STRATEGY TO RECRUIT AND RETAIN MENTAL HEALTH PROVIDERS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report that--
(1) describes the shortage of mental health providers of
the Department of Defense;
(2) explains the reasons for such shortage;
(3) explains the effect of such shortage on members of the
Armed Forces; and
(4) contains a strategy to better recruit and retain mental
health providers, including with respect to psychiatrists,
psychologists, mental health nurse practitioners, licensed
social workers, and other licensed providers of the military
health system, in a manner that addresses the need for cultural
competence and diversity among such mental health providers.
SEC. 720. MONITORING MEDICATION PRESCRIBING PRACTICES FOR THE TREATMENT
OF POST-TRAUMATIC STRESS DISORDER.
(a) Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the House of
Representatives and the Senate a report on the practices for
prescribing medication during the period beginning January 1,
2012, and ending December 31, 2017, that were inconsistent with
the post-traumatic stress disorder medication guidelines
developed by the Department of Defense and the Veterans Health
Administration.
(2) Contents.--The report under this subsection shall
include the following:
(A) A summary of the practices of the Army, Navy,
and the Air Force, for prescribing medication during
the period referred to in paragraph (1) that were
inconsistent with the post-traumatic stress disorder
medication guidelines developed by the Department of
Defense and the Veterans Health Administration.
(B) Identification of medical centers serving
members of the Armed Forces found to having higher than
average incidences of prescribing medication during the
period referred to in paragraph (1) that were
inconsistent with the post-traumatic stress disorder
guidelines.
(C) A plan for such medical centers to reduce the
prescribing of medications that are inconsistent with
the post-traumatic stress disorder guidelines.
(D) A plan for ongoing monitoring of medical
centers found to have higher than average incidences of
prescribing medication that were inconsistent with the
post-traumatic stress disorder guidelines by the
Department of Defense and the Veterans Health
Administration.
(b) Monitoring Program.--Based on the findings of the report under
subsection (a), the Secretaries of the Army, the Navy, and the Air
Force shall each establish a monitoring program carried out with
respect to such branch of the Armed Forces that shall provide as
follows:
(1) The monitoring program shall provide for the conduct of
periodic reviews, beginning October 1, 2019, of medication
prescribing practices of its own providers.
(2) The monitoring program shall provide for regular
reports, beginning October 1, 2020, to the Department of
Defense and the Veterans Health Administration, of the results
of the periodic reviews pursuant to paragraph (1) of this
subsection.
(3) The monitoring program shall establish internal
procedures, not later than October 1, 2020, to address
practices for prescribing medication that are inconsistent with
the post-traumatic stress disorder medication guidelines
developed by the Department of Defense and the Veterans Health
Administration.
(c) Report on Implementation of Guidance on Opioid Prescriptions
for Pain From Minor Outpatient Procedures.--Not later than 6 months
after the date of enactment of this Act, the Secretary of Defense,
acting in conjunction with the Director of the Defense Health Agency,
shall submit to the Committees on Armed Services of the House of
Representatives and the Senate a report on the implementation and
results of the Defense Health Agency's guidance on opioid prescriptions
for pain from minor outpatient procedures in Guidance Report entitled
``Pain Management and Opioid Safety in the Military Health System
(MHS)'' (DHA-PI 6025.04, issued on June 8, 2018).
SEC. 720A. MAINTENANCE OF CERTAIN MEDICAL SERVICES AT MILITARY MEDICAL
TREATMENT FACILITIES AT SERVICE ACADEMIES.
Section 1073d of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(f) Maintenance of Certain Medical Services at Service
Academies.--(1) In carrying out subsection (a), the Secretary of
Defense shall ensure that each military medical treatment facility
located at a Service Academy (as defined in section 347 of this title)
provides each covered medical service unless the Secretary determines
that a civilian health care facility located not fewer than five miles
from the Service Academy provides the covered medical service.
``(2) In this subsection, the term `covered medical service' means
the following:
``(A) Emergency room services.
``(B) Orthopedic services.
``(C) General surgery services.
``(D) Ear, nose, and throat services.
``(E) Gynecological services.
``(F) Ophthalmology services.
``(G) In-patient services.
``(H) Any other medical services that the relevant
Superintendent of the Service Academy determines necessary to
maintain the readiness and health of the cadets or midshipmen
and members of the armed forces at the Service Academy.''.
SEC. 720B. DEVELOPMENT OF PARTNERSHIPS TO IMPROVE COMBAT CASUALTY CARE
FOR PERSONNEL OF THE ARMED FORCES.
(a) Partnerships.--
(1) In general.--The Secretary of Defense shall, through
the Joint Trauma Education and Training Directorate established
under section 708 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 1071 note),
develop partnerships with civilian academic medical centers and
large metropolitan teaching hospitals to improve combat
casualty care for personnel of the Armed Forces.
(2) Partnerships with level i trauma centers.--In carrying
out partnerships under paragraph (1), trauma surgeons and
physicians of the Department of Defense shall partner with
level I civilian trauma centers to provide adequate training
and readiness for the next generation of medical providers to
treat critically injured burn patients.
(b) Support of Partnerships.--The Secretary of Defense shall make
every effort to support partnerships under the Joint Trauma Education
and Training Directorate with academic institutions that have level I
civilian trauma centers, specifically those centers with a burn center,
that offer burn rotations and clinical experience to provide adequate
training and readiness for the next generation of medical providers to
treat critically injured burn patients.
(c) Level I Civilian Trauma Center Defined.--In this section, the
term ``level I civilian trauma center'' has the meaning given that term
in section 708 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 1071 note).
(d) Effective Date.--This section shall take effect on October 1,
2020.
SEC. 720C. MODIFICATION TO REFERRALS FOR MENTAL HEALTH SERVICES.
If the Secretary of Defense is unable to provide mental health
services in a military medical treatment facility to a member of the
Armed Forces within 15 days of the date on which such services are
first requested by the member, the Secretary may refer the member to a
provider under the TRICARE program (as that term is defined in section
1072 of title 10, United States Code) to receive such services.
Subtitle C--Reports and Other Matters
SEC. 721. ESTABLISHMENT OF MILITARY DENTAL RESEARCH PROGRAM.
(a) In General.--Chapter 104 of title 10, United States Code, is
amended by inserting after section 2116 the following new section:
``Sec. 2116a. Military dental research
``(a) Definitions.--In this section:
``(1) The term `military dental research' means research on
the furnishing of dental care and services by dentists in the
armed forces.
``(2) The term `TriService Dental Research Program' means
the program of military dental research authorized under this
section.
``(b) Program Authorized.--The Secretary of Defense may establish
at the University a program of military dental research.
``(c) TriService Research Group.--The TriService Dental Research
Program shall be administered by a TriService Dental Research Group
composed of Army, Navy, and Air Force dentists who are involved in
military dental research and are designated by the Secretary concerned
to serve as members of the group.
``(d) Duties of Group.--The TriService Dental Research Group
described in subsection (c) shall--
``(1) develop for the Department of Defense recommended
guidelines for requesting, reviewing, and funding proposed
military dental research projects; and
``(2) make available to Army, Navy, and Air Force dentists
and officials of the Department of Defense who conduct military
dental research--
``(A) information about dental research projects
that are being developed or carried out in the Army,
Navy, and Air Force; and
``(B) expertise and information beneficial to the
encouragement of meaningful dental research.
``(e) Research Topics.--For purposes of this section, military
dental research includes research on the following issues:
``(1) Issues regarding how to ensure the readiness of
members of the armed forces on active duty and in the reserve
components with respect to the provision of dental care and
services.
``(2) Issues regarding preventive dentistry and disease
management, including early detection of needs.
``(3) Issues regarding how to improve the results of dental
care and services provided in the armed forces in time of
peace.
``(4) Issues regarding how to improve the results of dental
care and services provided in the armed forces in time of war.
``(5) Issues regarding minimizing or eliminating emergent
dental conditions and dental disease and non-battle injuries in
deployed settings.
``(6) Issues regarding how to prevent complications
associated with dental-related battle injuries.
``(7) Issues regarding how to prevent complications
associated with the transportation of dental patients in the
military medical evacuation system.
``(8) Issues regarding the use of technological advances,
including teledentistry.
``(9) Issues regarding psychological distress in receiving
dental care and services.
``(10) Issues regarding how to improve methods of training
dental personnel, including dental assistants and dental
extenders.
``(11) Wellness issues relating to dental care and
services.
``(12) Case management issues relating to dental care and
services.
``(13) Issues regarding the use of alternate dental care
delivery systems, including the employment of interprofessional
practice models incorporating multiple health professions.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 104 of such title is amended by inserting after the item
relating to section 2116 the following new item:
``2116a. Military dental research.''.
SEC. 722. PILOT PROGRAM ON CRYOPRESERVATION AND STORAGE.
(a) Pilot Program.--The Secretary of Defense shall establish a
pilot program to provide not more than 1,000 members of the Armed
Forces serving on active duty with the opportunity to cryopreserve and
store their gametes prior to deployment to a combat zone.
(b) Period.--
(1) In general.--The Secretary shall provide for the
cryopreservation and storage of gametes of a participating
member of the Armed Forces under subsection (a), at no cost to
the member, in a facility of the Department of Defense or at a
private entity pursuant to a contract under subsection (d)
until the date that is one year after the retirement,
separation, or release of the member from the Armed Forces.
(2) Continued cryopreservation and storage.--At the end of
the one-year period specified in paragraph (1), the Secretary
shall authorize an individual whose gametes were cryopreserved
and stored in a facility of the Department as described in that
paragraph to select, including pursuant to an advance medical
directive or military testamentary instrument completed under
subsection (c), one of the following options:
(A) To continue such cryopreservation and storage
in such facility with the cost of such cryopreservation
and storage borne by the individual.
(B) To transfer the gametes to a private
cryopreservation and storage facility selected by the
individual.
(C) To authorize the Secretary to dispose of the
gametes of the individual not earlier than the date
that is 90 days after the end of the one-year period
specified in paragraph (1) with respect to the
individual.
(c) Advance Medical Directive and Military Testamentary
Instrument.--A member of the Armed Forces who elects to cryopreserve
and store their gametes under this section shall complete an advance
medical directive described in section 1044c(b) of title 10, United
States Code, and a military testamentary instrument described in
section 1044d(b) of such title, that explicitly specifies the use of
their cryopreserved and stored gametes if such member dies or otherwise
loses the capacity to consent to the use of their cryopreserved and
stored gametes.
(d) Agreements.--To carry out this section, the Secretary may enter
into agreements with private entities that provide cryopreservation and
storage services for gametes.
SEC. 723. ENCOURAGEMENT OF PARTICIPATION IN WOMEN'S HEALTH TRANSITION
TRAINING PILOT PROGRAM.
(a) Encouragement of Participation.--The Secretaries of the
military departments shall encourage female members of the Armed Forces
who are separating or retiring from the Armed Forces during fiscal year
2020 to participate in the Women's Health Transition Training pilot
program (in this section referred to as the ``pilot program'')
administered by the Secretary of Veterans Affairs.
(b) Selection.--Each Secretary of a military department shall
select at least one location at which the pilot program is offered and
encourage participation in the pilot program at such location.
(c) Report.--Not later than September 30, 2020, the Secretary of
Defense, in consultation with the Secretary of Veterans Affairs, shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives and the Committees on Veterans' Affairs of the
Senate and House of Representatives a report on the pilot program that
includes the following:
(1) For the period since the commencement of the pilot
program--
(A) the number of courses held under the pilot
program;
(B) the locations at which such courses were held;
and
(C) for each location identified in subparagraph
(B)--
(i) the number of female members by
military department (with respect to Department
of the Navy, separately for the Navy and Marine
Corps) who participated in the pilot program;
and
(ii) the number of seats available under
the pilot program.
(2) Data relating to--
(A) satisfaction with courses held under the pilot
program;
(B) improved awareness of health care services
administered by the Secretary of Veterans Affairs; and
(C) any other available statistics regarding the
pilot program.
(3) A discussion of regulatory, legal, or resource barriers
to--
(A) making the pilot program permanent to enable
access by a greater number of female members at
locations throughout the United States;
(B) offering the pilot program online for female
members who are unable to attend courses held under the
pilot program in person; and
(C) providing for automatic enrollment of
participants in the pilot program in the patient
enrollment system of the Department of Veterans Affairs
established and operated under section 1705 of title
38, United States Code.
SEC. 724. NATIONAL GUARD SUICIDE PREVENTION PILOT PROGRAM.
(a) Pilot Program Authorized.--The Chief of the National Guard
Bureau may carry out a pilot program to expand suicide prevention and
intervention efforts at the community level through the use of a mobile
application that provides the capability for a member of the National
Guard to receive prompt support, including access to a behavioral
health professional, on a smartphone, tablet computer, or other
handheld mobile device.
(b) Elements.--The pilot program shall include, subject to such
conditions as the Secretary may prescribe--
(1) the use by members of the National Guard of an existing
mobile application that provides the capability described in
subsection (a); or
(2) the development and use of a new mobile application
that provides such capability.
(c) Eligibility and Participation Requirements.--The Chief of the
National Guard Bureau shall establish requirements with respect to
eligibility and participation in the pilot program.
(d) Assessment Prior to Pilot Program Commencement.--Prior to
commencement of the pilot program, the Chief of the National Guard
Bureau shall--
(1) conduct an assessment of existing prevention and
intervention efforts of the National Guard in each State that
include the use of mobile applications that provide the
capability described in subsection (a) to determine best
practices for providing immediate and localized care through
the use of such mobile applications; and
(2) determine the feasibility of expanding existing
programs on a national scale.
(e) Responsibilities of Entities Participating in Pilot Program.--
Each entity that participates in the pilot program shall--
(1) share best practices with other entities participating
in the program; and
(2) annually assess outcomes with respect to members of the
National Guard.
(f) Term.--The pilot program shall terminate on the date that is
three years after the date on which the pilot program commenced.
(g) Reports.--
(1) Initial report.--If the Chief of the National Guard
Bureau commences the pilot program authorized under subsection
(a), not later than 180 days after the date of the commencement
of such program, the Chief shall submit to the Committees on
Armed Services of the Senate and the House of Representatives a
report containing a description of the pilot program and such
other matters as the Chief considers appropriate.
(2) Final report.--
(A) In general.--Not later than 180 days after the
termination of the pilot program, the Chief of the
National Guard Bureau shall submit to the Committees on
Armed Services of the Senate and the House of
Representatives a report on such pilot program.
(B) Matters included.--The report under
subparagraph (A) shall include the following:
(i) A description of the pilot program,
including any partnerships entered into by the
Chief of the National Guard Bureau under the
program.
(ii) An assessment of the effectiveness of
the pilot program.
(iii) A description of costs associated
with the implementation of the pilot program.
(iv) The estimated costs of making the
pilot program permanent.
(v) A recommendation as to whether the
pilot program should be extended or made
permanent.
(vi) Such other recommendations for
legislative or administrative action as the
Chief of the National Guard Bureau considers
appropriate.
(h) Funding.--
(1) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance, as
specified in the corresponding funding table in section 4301,
for operation and maintenance, Defense-wide, administrative and
service-wide activities, Office of the Secretary of Defense,
line 460 is hereby increased by $5,000,000 (with the amount of
such increase to be made available for the Defense Suicide
Prevention Office and National Guard suicide prevention pilot
program under this section).
(2) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 101 for procurement, as specified in
the corresponding funding table in section 4101, for
shipbuilding and conversion, Navy, ship to shore connector,
line 024 is hereby reduced by $5,000,000.
(i) State Defined.--In this section, the term ``State'' means each
of the several States, the District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, Guam, the United States Virgin Islands,
and the Commonwealth of the Northern Mariana Islands.
SEC. 725. REPORTS ON SUICIDE AMONG MEMBERS OF THE ARMED FORCES.
(a) Reports.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter through January 31,
2021, the Secretary of Defense shall submit to the Committees on Armed
Services of the House of Representatives and the Senate a report on
suicide among members of the Armed Forces during the year preceding the
date of the report.
(b) Matters Included.--Each report under subsection (a) shall
include the following with respect to the year covered by the report:
(1) The number of suicides, attempted suicides, and
occurrences of suicidal ideation involving a member of the
Armed Forces, including the reserve components thereof, listed
by Armed Force.
(2) The number of suicides, attempted suicides, or suicidal
ideation identified under paragraph (1) that occurred during
each of the following periods:
(A) The first 180 days of the member serving in the
Armed Forces.
(B) The period in which the member is deployed in
support of a contingency operation.
(3) With respect to the number of suicides, attempted
suicides, or suicidal ideation identified under paragraph
(2)(A), the initial recruit training location of the member.
(4) The number of suicides involving a dependent of a
member.
(5) A description of any research collaborations and data
sharing by the Department of Defense with the Department of
Veterans Affairs, other departments or agencies of the Federal
Government, academic institutions, or nongovernmental
organizations.
(6) Identification of a research agenda for the Department
of Defense to improve the evidence base on effective suicide
prevention treatment and risk communication.
(7) The availability and usage of the assistance of
chaplains, houses of worship, and other spiritual resources for
members of the Armed Forces who identify as religiously
affiliated and have attempted suicide, have suicidal ideation,
or are at risk of suicide, and metrics on the impact these
resources have in assisting religiously-affiliated members who
have access to and utilize them compared to religiously-
affiliated members who do not.
(8) A description of the effectiveness of the policies
developed pursuant to section 567 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. 1071 note) and
section 582 of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 1071 note),
including with respect to--
(A) metrics identifying effective treatment
modalities for members of the Armed Forces who are at
risk for suicide (including any clinical interventions
involving early identification and treatment of such
members);
(B) metrics for the rate of integration of mental
health screenings and suicide risk and prevention for
members during the delivery of primary care for such
members;
(C) metrics relating to the effectiveness of
suicide prevention and resilience programs and
preventative behavioral health programs of the
Department of Defense (including those of the military
departments and the Armed Forces); and
(D) metrics evaluating the training standards for
behavioral health care providers to ensure that such
providers have received training on clinical best
practices and evidence-based treatments.
SEC. 726. STUDY ON MILITARY-CIVILIAN INTEGRATED HEALTH DELIVERY
SYSTEMS.
(a) Study.--The Secretary of Defense shall conduct a study on the
use of local integrated military-civilian integrated health delivery
systems pursuant to section 706 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 1096 note). The
study shall examine the following:
(1) Geographic locations where military medical treatment
facilities have existing contractual relationships with local
civilian health care networks, including Fort Drum, New York,
Joint Base McGuire-Dix-Lakehurst, New Jersey, Joint Base Lewis-
McCord, Washington, Fort Leonard Wood, Missouri, Elmendorf Air
Force Base, Alaska, Fort Sill, Oklahoma, Tripler Army Medical
Center, Hawaii, the National Capital Region, and similar
locations.
(2) Health care activities that promote value-based care,
measurable health outcomes, patient safety, timeliness of
referrals, and transparent communication with covered
beneficiaries.
(3) Locations where health care providers of the Department
of Defense may be able to attain critical wartime readiness
skills in a local integrated military-civilian integrated
health delivery system.
(4) The cost of providing care under an integrated
military-civilian integrated health delivery system as compared
to health care provided by a managed care support contractor.
(b) Submission.--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 House of Representatives and the
Senate a report on the results of the study under subsection (a).
(c) Definitions.--In this section:
(1) The term ``covered beneficiaries'' has the meaning
given that term in section 1072 of title 10, United States
Code.
(2) The term ``National Capital Region'' has the meaning
given that term in section 2674 of title 10, United States
Code.
SEC. 727. STUDY ON CASE MANAGEMENT AT MILITARY MEDICAL TREATMENT
FACILITIES.
(a) Study.--The Secretary of Defense shall conduct a study on the
effectiveness of case management practices at military medical
treatment facilities. The study shall include the following:
(1) A standardized definition of case management.
(2) An evaluation of case management practices provided by
the military departments before and during the transition of
the administration of military medical treatment facilities to
the Defense Health Agency pursuant to section 1073c of title
10, United States Code.
(3) A discussion of the metrics involved with determining
the effectiveness of case management and the cost of case
management.
(4) A review of case management best practices in the
private sector, including with respect to--
(A) the intervals at which patients should be
contacted;
(B) the role of the case manager in coordination;
(C) the approximate number of patients managed by a
case manager; and
(D) any other best practices relating to case
management that would improve the experience of care
within the military health system.
(5) The results of a discussion with covered beneficiaries
(as defined in section 1072 of title 10, United States Code) in
a public forum on case management in military medical treatment
facilities administered by the Defense Health Agency.
(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 House of Representatives and the
Senate a report on the results of the study under subsection (a).
SEC. 728. STUDY ON INFERTILITY AMONG MEMBERS OF THE ARMED FORCES.
(a) Study.--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 House of Representatives and the Senate a study
on the incidence of infertility among members of the Armed Forces,
including the reserve components thereof.
(b) Matters Included.--The study shall include the following:
(1) The number of members of the Armed Forces serving as of
the date of the study who are diagnosed with common causes of
infertility, such as polycystic ovary syndrome, pelvic
inflammatory disease, uterine fibroids, endometriosis, sexually
transmitted disease, testicular disorders, and male endocrine
disorders.
(2) The number of members serving as of the date of the
study whose infertility has no known cause.
(3) The incidence of miscarriage among women members,
listed by Armed Force and military occupation.
(4) A comparison of the rates of infertility and
miscarriage in the Armed Forces to such rates in the civilian
population, as reported by the Centers for Disease Control and
Prevention.
(5) Demographic information of the members described in
paragraphs (1), (2), and (3), include with respect to race,
ethnicity, sex, age, military occupation, and possible
exposures during military service to hazardous elements such as
chemical and biologic agents.
(6) An assessment of the ease or delay for members in
obtaining treatment for infertility, including in vitro
fertilization, including--
(A) the wait times at each military medical
treatment facility that has community partnerships to
provide in vitro fertilization;
(B) the number of members described in paragraph
(1) who are candidates for in vitro fertilization or
other infertility treatments but cannot obtain such
treatments because of the location at which the member
is stationed or the duties of the member; and
(C) a discussion of the reasons members cease
seeking such treatments through the military health
system.
(7) Criteria used by the Secretary to determine service
connection for infertility, including whether screenings for
levels of toxins are undertaken when the cause of infertility
cannot be determined.
(8) The policy of the Department of Defense, as of the date
of the study, for ensuring geographic stability during
treatment of women members undergoing in vitro fertilization
for either service-connected or non-service-connected
infertility.
SEC. 729. ALLOWING CLAIMS AGAINST THE UNITED STATES FOR INJURY AND
DEATH OF MEMBERS OF THE ARMED FORCES CAUSED BY IMPROPER
MEDICAL CARE.
(a) In General.--Chapter 171 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 2681. Claims against the United States for injury and death of
members of the Armed Forces of the United States
``(a) A claim may be brought against the United States under this
chapter for damages relating to the personal injury or death of a
member of the Armed Forces of the United States arising out of a
negligent or wrongful act or omission in the performance of medical,
dental, or related health care functions (including clinical studies
and investigations) that is provided at a covered military medical
treatment facility by a person acting within the scope of the office or
employment of that person by or at the direction of the Government of
the United States.
``(b) A claim under this section shall not be reduced by the amount
of any benefit received under subchapter III (relating to
Servicemembers' Group Life Insurance) of chapter 19 of title 38.
``(c) Notwithstanding section 2401(b), a claim brought under this
section shall have a three-year statute of limitations beginning on the
date the claimant discovered or by reasonable diligence should have
discovered the injury and the cause of the injury.
``(d) For purposes of claims brought under this section--
``(1) subsections (j) and (k) of section 2680 do not apply;
and
``(2) in the case of an act or omission occurring outside
the United States, the law of the place where the act or
omission occurred shall be deemed to be the law of the State of
domicile of the claimant.
``(e) In this section, the term `covered military medical treatment
facility' means the facilities described in subsections (b), (c), and
(d) of section 1073d of title 10, regardless of whether the facility is
located in or outside the United States. The term does not include
battalion aid stations or other medical treatment locations deployed in
an area of armed conflict.
``(f) Not later than two years after the date of the enactment of
this section, and every two years thereafter, the Secretary of Defense
shall submit to Congress a report on the number of claims filed under
this section.''.
(b) Clerical Amendment.--The table of sections for chapter 171 of
title 28, United States Code, is amended by adding at the end the
following:
``2681. Claims against the United States for injury and death of
members of the Armed Forces of the United
States.''.
(c) Effective Date.--This Act and the amendments made by this Act
shall apply to--
(1) a claim filed on or after the date of the enactment of
this Act; and
(2) a claim that--
(A) is pending as of the date of the enactment of
this Act; and
(B) arises from an incident occurring not more than
two years before the claim was filed.
(d) Rule of Construction.--Nothing in this Act or the amendments
made by this Act shall be construed to limit the application of the
administrative process and procedures of chapter 171 of title 28,
United States Code, to claims permitted under section 2681 of such
chapter, as amended by this section.
SEC. 730. STUDY ON EXTENDING PARENT'S LEVEL OF TRICARE HEALTH COVERAGE
TO NEWBORN CHILD.
(a) Study.--The Secretary of Defense shall conduct a study on
extending a parent's level of TRICARE health coverage to the newborn
child of the parent.
(b) Coordination.--In conducting the study under subsection (a),
the Secretary shall, with respect to members of the Coast Guard,
coordinate with the Secretary of the Department in which the Coast
Guard is operating when it is not operating as a service in the
Department of the Navy.
(c) Elements.--In conducting the study under subsection (a), the
Secretary shall study--
(1) the feasibility and the cost of automatically extending
the parent's level of TRICARE coverage to the newborn child for
the remainder of the first year of the child's life after the
first 90 days; and
(2) the current notification system for parents to change
their children's health care plan during the first 90 days of
the newborn's life.
(d) Submission.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report on the study conducted under subsection
(a).
SEC. 731. REPORT ON GLOBAL HEALTH SECURITY STRATEGY AND THE NATIONAL
BIODEFENSE SECURITY.
(a) Report.--Not later than 180 days after the date on which the
Comptroller General of the United States publishes a review of the
National Biodefense Strategy, the Secretary of Defense shall submit to
the appropriate congressional committees a report on the implementation
of the Global Health Security Strategy and the National Biodefense
Strategy.
(b) Elements.--The report under subsection (a) shall, at a
minimum--
(1) designate the individual and offices responsible for
overseeing the implementation of each strategy referred to in
subsection (a) within the Department of Defense;
(2) detail actions that the Department is taking to support
implementation of the Global Health Security Agenda;
(3) detail actions taken to coordinate the efforts of the
Department with the other agencies responsible for the Global
Health Security Strategy and National Biodefense Strategy; and
(4) with respect to the review of the National Biodefense
Strategy conducted by the Comptroller General--
(A) detail the recommendations in the review that
the Secretary plans on or is currently implementing;
(B) specify the official implementing such
recommendations and the actions the official is taking
to implement the recommendations;
(C) specify the recommendations in the review that
the Secretary has determined not to implement; and
(D) explain the rationale of the Secretary with
respect to not implementing such recommendations.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Affairs and the Committee on
Energy and Commerce of the House of Representatives; and
(3) the Committee on Foreign Relations and the Committee on
Health, Education, Labor, and Pensions of the Senate.
SEC. 732. REPORT ON MENTAL HEALTH ASSESSMENTS.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate and the Committee on Armed Services and
the Committee on Veterans' Affairs of the House of Representatives a
publicly available report on the Department of Defense's implementation
section 1074n of title 10, United States Code. The report shall include
the following:
(1) An evaluation of the implementation of such section
across the Armed Forces.
(2) An evaluation of the efficacy of the mental health
assessments under such section in helping to identify mental
health conditions among members of the Armed Forces in order to
prevent suicide.
(3) An evaluation of the tools and processes used to
provide the annual mental health assessments of members of the
Armed Forces conducted pursuant to such section.
(4) An analysis of how lessons learned from the annual
mental health assessments can be used within the Department of
Veterans Affairs to prevent veteran suicide.
(5) An analysis of potential policy options to improve the
monitoring and reporting required and to achieve a more robust
implementation of such section.
(6) Such other information as the Comptroller General
determines appropriate.
(b) Interim Briefing.--Not later than March 1, 2020, the
Comptroller General 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 topics to be covered by the report
under subsection (a), including and preliminary data and any issues or
concerns of the Comptroller General relating to the report.
(c) Access to Relevant Data.--For purposes of this section, the
Secretary of Defense shall ensure that the Comptroller General has
access to all relevant data.
SEC. 733. STUDY AND REPORT ON MENTAL HEALTH ASSESSMENTS FOR MEMBERS OF
THE ARMED FORCES DEPLOYED IN SUPPORT OF A CONTINGENCY
OPERATION.
(a) Study.--Each Secretary concerned, with respect to the military
department concerned, shall conduct a study on the mental health
assessments provided to members of the Armed Forces deployed in
connection with a contingency operation.
(b) Elements.--The study under subsection (a) shall include a
discussion and evaluation of the following:
(1) The mental health assessments provided under section
1074m of title 10, United States Code, including any written
guidance prescribed by the Secretary of Defense or the
Secretaries concerned with respect to such mental health
assessments.
(2) The extent to which waivers for mental health
assessments are granted by the Secretary of Defense under
subsection (a)(2) and (a)(3) of such section (as amended by
this Act), and the most common reasons why such waivers are
granted.
(3) For each mental health assessment specified in
subsection (a)(1) of such section, the effectiveness of such
assessment with respect to the detection and initiation of
treatment, when appropriate, of members for behavioral health
conditions.
(4) With respect to a mental health assessment provided to
members that is determined by the Secretary concerned under
paragraph (3) to have low effectiveness, the medical evidence
supporting such determination.
(5) The health impacts on members provided mental health
assessments under such section, including the extent to which
such members--
(A) are prescribed medication as a result of an
assessment;
(B) seek post-deployment treatment, other than
treatment required under such section, for a behavioral
health condition; and
(C) commit suicide or engage in other harmful
activities.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, each Secretary concerned shall submit to the
congressional defense committees a report containing the results of the
study conducted under subsection (a).
(d) Secretary Concerned.--In this section, the term ``Secretary
concerned'' has the meaning given that term in section 101(a)(9) of
title 10, United States Code.
SEC. 734. EDUCATION ON FAMILY PLANNING FOR MEMBERS OF THE ARMED FORCES.
(a) Education Programs.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of the Department in which the
Coast Guard is operating, shall establish a uniform standard
curriculum to be used in education programs on family planning
for all members of the Armed Forces, including both men and
women members. Such education programs shall be provided to
members as follows:
(A) During the first year of service of the member.
(B) At such other times as each Secretary of a
military department determines appropriate.
(2) Sense of congress.--It is the sense of Congress that
the education programs under paragraph (1) should be evidence-
informed and use the latest technology available to efficiently
and effectively deliver information to members of the Armed
Forces.
(b) Elements.--The uniform standard curriculum under subsection (a)
shall include the following:
(1) Information for members of the Armed Forces on active
duty to make informed decisions regarding family planning.
(2) Information about the prevention of unintended
pregnancy and sexually transmitted infections, including human
immunodeficiency virus (commonly known as ``HIV'').
(3) Information on--
(A) the importance of providing comprehensive
family planning for members, including commanding
officers; and
(B) the positive impact family planning can have on
the health and readiness of the Armed Forces.
(4) Current, medically accurate information.
(5) Clear, user-friendly information on--
(A) the full range of methods of contraception
approved by the Food and Drug Administration; and
(B) where members can access their chosen method of
contraception.
(6) Information on all applicable laws and policies so that
members are informed of their rights and obligations.
(7) Information on patients' rights to confidentiality.
(8) Information on the unique circumstances encountered by
members and the effects of such circumstances on the use of
contraception.
SEC. 735. FUNDING FOR CDC ATSDR PFAS HEALTH STUDY INCREMENT.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 1405 for the Defense Health Program, as specified in the
corresponding funding table in section 4501, for the CDC ATSDR PFAS
health study increment is hereby increased by $5,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for Operation and Maintenance, Admin and Service-wide
Activities, line 460, Office of the Secretary of Defense, as specified
in the corresponding funding table in section 4301, is hereby reduced
by $5,000,000.
SEC. 736. SENSE OF THE HOUSE OF REPRESENTATIVES ON INCREASING RESEARCH
AND DEVELOPMENT IN BIOPRINTING AND FABRICATION IN AUSTERE
MILITARY ENVIRONMENTS.
It is the sense of the House of Representatives that the Defense
Health Agency should take appropriate actions to increase efforts
focused on research and development in the areas of bioprinting and
fabrication in austere military environments.
SEC. 737. INCREASED COLLABORATION WITH NIH TO COMBAT TRIPLE NEGATIVE
BREAST CANCER.
(a) In General.--The Office of Health of the Department of Defense
shall work in collaboration with the National Institutes of Health to--
(1) identify specific genetic and molecular targets and
biomarkers for triple negative breast cancer; and
(2) provide information useful in biomarker selection, drug
discovery, and clinical trials design that will enable both--
(A) triple negative breast cancer patients to be
identified earlier in the progression of their disease;
and
(B) the development of multiple targeted therapies
for the disease.
(b) Funding.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated by
section 1405 for the Defense Health Program, as specified in the
corresponding funding tables in division D, is hereby increased by
$10,000,000 to carry out subsection (a).
(c) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated for
operation and maintenance, Defense-wide, as specified in the
corresponding funding table in section 4301, for Operation and
Maintenance, Defense-wide is hereby reduced by $10,000,000.
SEC. 738. FUNDING FOR POST-TRAUMATIC STRESS DISORDER.
(a) Funding.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated by
section 1405 for the Defense Health Program, as specified in the
corresponding funding table in such division, is hereby increased by
$2,500,000 for post-traumatic stress disorder.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated for
operation and maintenance, Defense-wide, as specified in the
corresponding funding table in section 4301, for Operation and
Maintenance, Defense-wide is hereby reduced by $2,500,000.
SEC. 739. STUDY ON READINESS CONTRACTS AND THE PREVENTION OF DRUG
SHORTAGES.
(a) Study.--The Secretary of Defense shall conduct a study on the
effectiveness of readiness contracts managed by the Customer Pharmacy
Operations Center of the Defense Logistics Agency in meeting the
military's drug supply needs. The study shall include an analysis of
how the contractual approach to manage drug shortages for military
health care can be a model for responding to drug shortages in the
civilian health care market in the United States.
(b) Consultation.--In conducting the study under subsection (a),
the Secretary of Defense shall consult with--
(1) the Secretary of Veterans Affairs;
(2) the Commissioner of Food and Drugs and the
Administrator of the Drug Enforcement Administration; and
(3) physician organizations, drug manufacturers, pharmacy
benefit management organizations, and such other entities as
the Secretary determines appropriate.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress a report
on the results of the study under subsection (a) and any conclusions
and recommendations of the Secretary relating to such study.
SEC. 740. UPDATE OF DEPARTMENT OF DEFENSE REGULATIONS, INSTRUCTIONS,
AND OTHER GUIDANCE TO INCLUDE GAMBLING DISORDER.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretaries of the military departments, shall update all
regulations, instructions, and other guidance of the Department of
Defense and the military departments with respect to behavioral health
to explicitly include gambling disorder. In carrying out this
subsection, the Secretary shall implement the recommendations of the
Comptroller General of the United States numbered 2 through 6 in the
report by the Comptroller General titled ``Military Personnel: DOD and
the Coast Guard Need to Screen for Gambling Disorder Addiction and
Update Guidance'' (numbered GAO-17-114).
(b) Military Departments Defined.--In this section, the term
``military departments'' has the meaning given that term in section
101(8) of title 10, United States Code.
SEC. 741. FINDINGS ON MUSCULOSKELETAL INJURIES.
Congress finds the following:
(1) Musculoskeletal injuries among active duty soldiers
result in over 10 million limited duty days each year and
account for over 70% of the medically non-deployable
population, extremity injury accounts for 79% of reported
trauma cases in theater, and service members experience
anterior cruciate ligament (ACL) injuries at 10 times the rate
of the general population.
(2) Congress recognizes the important work of the Naval
Advanced Medical Research Unit in Wound Care Research and
encourages continued development of innovations for the
Warfighter, especially regarding these tendon and ligament
injuries that prevent return to duty for extended periods of
time.
SEC. 742. WOUNDED WARRIOR SERVICE DOG PROGRAM.
(a) Grants Authorized.--Subject to the availability of
appropriations provided for such purpose, the Secretary of Defense
shall establish a program, to be known as the ``Wounded Warrior Service
Dog Program'', to award competitive grants to nonprofit organizations
to assist such organizations in the planning, designing, establishing,
or operating (or any combination thereof) of programs to provide
assistance dogs to covered members.
(b) Use of Funds.--
(1) In general.--The recipient of a grant under this
section shall use the grant to carry out programs that provide
assistance dogs to covered members who have a disability
described in paragraph (2).
(2) Disability.--A disability described in this paragraph
is any of the following:
(A) Blindness or visual impairment.
(B) Loss of use of a limb, paralysis, or other
significant mobility issues.
(C) Loss of hearing.
(D) Traumatic brain injury.
(E) Post-traumatic stress disorder.
(F) Any other disability that the Secretary of
Defense considers appropriate.
(3) Timing of award.--The Secretary of Defense may not
award a grant under this section to reimburse a recipient for
costs previously incurred by the recipient in carrying out a
program to provide assistance dogs to covered members unless
the recipient elects for the award to be such a reimbursement.
(c) Eligibility.--To be eligible to receive a grant under this
section, a nonprofit organization shall submit an application to the
Secretary of Defense at such time, in such manner, and containing such
information as the Secretary may require. Such application shall
include--
(1) a proposal for the evaluation required by subsection
(d); and
(2) a description of--
(A) the training that will be provided by the
organization to covered members;
(B) the training of dogs that will serve as
assistance dogs;
(C) the aftercare services that the organization
will provide for such dogs and covered members;
(D) the plan for publicizing the availability of
such dogs through a targeted marketing campaign to
covered members;
(E) the recognized expertise of the organization in
breeding and training such dogs;
(F) the commitment of the organization to humane
standards for animals; and
(G) the experience of the organization with working
with military medical treatment facilities; and
(3) a statement certifying that the organization--
(A) is accredited by Assistance Dogs International,
the International Guide Dog Federation, or another
similar widely recognized accreditation organization
that the Secretaries determine has accreditation
standards that meet or exceed the standards of
Assistance Dogs International and the International
Guide Dog Federation; or
(B) is a candidate for such accreditation or
otherwise meets or exceeds such standards, as
determined by the Secretary of Defense.
(d) Evaluation.--The Secretary of Defense shall require each
recipient of a grant to use a portion of the funds made available
through the grant to conduct an evaluation of the effectiveness of the
activities carried out through the grant by such recipient.
(e) Definitions.--In this section:
(1) Assistance dog.--The term ``assistance dog'' means a
dog specifically trained to perform physical tasks to mitigate
the effects of a disability described in subsection (b)(2),
except that the term does not include a dog specifically
trained for comfort or personal defense.
(2) Covered member.--The term ``covered member'' means a
member of the Armed Forces who is--
(A) receiving medical treatment, recuperation, or
therapy under chapter 55 of title 10, United States
Code;
(B) in medical hold or medical holdover status; or
(C) covered under section 1202 or 1205 of title 10,
United States Code.
(f) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 1405 for Other Authorizations, Defense Health Program, as
specified in the corresponding funding table in section 4501, for
Consolidated Health Support is hereby increased by $11,000,000.
(g) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for Operations and Maintenance, as specified in the
corresponding funding table in section 4301, for Operations and
Maintenance, Defense-Wide, Line 460, Office of the Secretary of Defense
is hereby reduced by $11,000,000.
SEC. 743. NATIONAL CAPITAL CONSORTIUM PSYCHIATRY RESIDENCY PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) racial, gender, or other forms of discrimination or
harassment should not be tolerated within the PRP; and
(2) that PRP leadership should--
(A) set the tone that such conduct is not
acceptable;
(B) ensure that all such complains are thoroughly
investigated;
(C) ensure that violators are held accountable;
(D) ensure that victims are protected, and not
retaliated against;
(E) maintain a workplace free from unlawful
harassment and discrimination;
(F) conduct regular workplace climate assessments
to assess the extent of discrimination or harassment in
the PRP; and
(G) provide refresher training, at least annually,
on acceptable standards of behavior for all involved in
the PRP programs, including residents and ways to
report or address discrimination, harassment, or other
inappropriate behavior.
(b) PRP Defined.--In this section, the term ``PRP'' means the
National Capital Consortium Psychiatry Residency Program.
SEC. 744. REPORT ON MEDICAL PROVIDERS AND MEDICAL MALPRACTICE
INSURANCE.
The Secretary of Defense shall submit to the congressional defense
committees a report identifying the number of medical providers
employed by the Department of Defense who, before being employed by the
Department, lost medical malpractice insurance coverage by reason of
the insurer dropping the coverage.
SEC. 745. INFORMATION FOR MEMBERS OF THE ARMED FORCES REGARDING
AVAILABILITY OF SERVICES AT THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--The Secretary of Defense shall inform members of
the Armed Forces, using mechanisms available to the Secretary, of the
eligibility of such members for services of the Department of Veterans
Affairs.
(b) Information From Sexual Assault Response Coordinators.--The
Secretary shall insure that Sexual Assault Response Coordinators and
uniformed victims advocates of the Department of Defense advise members
of the Armed Forces who report instances of military sexual trauma
regarding the eligibility of such members for services at the
Department of Veterans Affairs and that this information be included in
mandatory training materials.
(c) Military Sexual Trauma Defined.--In this section, the term
``military sexual trauma'' means psychological trauma described in
section 1720D(a)(1) of title 38, United States Code.
SEC. 746. PILOT PROGRAM ON PARTNERSHIPS WITH CIVILIAN ORGANIZATIONS FOR
SPECIALIZED SURGICAL TRAINING.
(a) In General.--The Secretary of Defense shall carry out a pilot
program to establish one or more partnerships with public, private, and
non-profit organizations and institutions to provide short-term
specialized surgical training to advance the medical skills and
capabilities of military medical providers.
(b) Duration.--The Secretary may carry out the pilot program under
subsection (a) for a period of not more than three years.
(c) Evaluation Metrics.--Before commencing the pilot program under
subsection (a), the Secretary shall establish metrics to be used to
evaluate the effectiveness of the pilot program.
(d) Reports.--
(1) Initial report.--
(A) In general.--Not later than 180 days before the
commencement of the pilot program under subsection (a),
the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives
a report on the pilot program.
(B) Elements.--The report required by subparagraph
(A) shall include a description of the pilot program,
the evaluation metrics established under subsection
(c), and such other matters relating to the pilot
program as the Secretary considers appropriate.
(2) Final report.--
(A) In general.--Not later than 180 days after the
completion of the pilot program under subsection (a),
the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives
a report on the pilot program.
(B) Elements.--The report required by subparagraph
(A) shall include the following:
(i) A description of the pilot program,
including the partnerships established under
the pilot program as described in subsection
(a).
(ii) An assessment of the effectiveness of
the pilot program.
(iii) Such recommendations for legislative
or administrative action as the Secretary
considers appropriate in light of the pilot
program, including recommendations for
extending or making permanent the authority for
the pilot program.
(e) Funding.--
(1) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 1405 for the Defense Health Program, as
specified in the corresponding funding table in section 4501,
for education and training is hereby increased by $2,500,000.
(2) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 1405 for Defense Health Program,
Operation and Maintenance, Private Sector Care, Office of the
Secretary of Defense, as specified in the corresponding funding
table in section 4501, is hereby reduced by $2,500,000.
SEC. 747. REPORT ON RESEARCH AND STUDIES REGARDING HEALTH EFFECTS OF
BURN PITS.
The Secretary of Defense shall submit to the congressional defense
committees and the Committees on Veterans' Affairs of the House of
Representatives and the Senate a detailed report on the status,
methodology, and culmination timeline of all the research and studies
being conducted to assess the health effects of burn pits.
SEC. 748. TRAINING ON HEALTH EFFECTS OF BURN PITS AND OTHER AIRBORNE
HAZARDS.
The Secretary of Defense shall provide mandatory training to all
medical providers of the Department of Defense on the potential health
effects of burn pits and other airborne hazards (such as PFAS, mold, or
depleted uranium) and the early detection of such health effects.
SEC. 749. REPORT ON OPERATIONAL MEDICAL AND DENTAL PERSONNEL
REQUIREMENTS.
Not later than January 1, 2021, the Secretary of Defense shall
submit to the congressional defense committees a report containing a
discussion of the following:
(1) Methods--
(A) to establish joint planning assumptions for the
development of operational medical and dental
personnel, including establishing a definition of which
personnel may be identified as ``operational'';
(B) to assess options to achieve joint efficiencies
in medical and dental personnel requirements, including
any associated risks;
(C) to apply joint planning assumptions and assess
efficiencies and risks, for the purpose of determining
operational medical and dental requirements;
(D) to identify and mitigate limitations in the
clinical readiness metric, such as data reliability,
information on reserve component providers and patient
care workload performed outside of military medical
treatment facilities established under section 1073d of
title 10, United States Code, and the linkage between
such metric and patient care and retention outcomes;
and
(E) to determine which critical wartime specialties
perform high-risk, high-acuity procedures and rely on
perishable skill sets, for the purpose of prioritizing
such specialities to which the clinical readiness
metric may be expanded.
(2) Estimates of the costs and benefits relating to--
(A) providing additional training for medical
personnel to achieve clinical readiness thresholds; and
(B) hiring additional civilian personnel in
military medical treatment facilities to backfill
medical providers of the Department of Defense who
attend such training.
SEC. 750. ANNUAL REPORTS ON MILLENNIUM COHORT STUDY RELATING TO WOMEN
MEMBERS OF THE ARMED FORCES.
(a) Annual Reports.--On an annual basis, the Secretary of Defense
shall submit to the appropriate congressional committees, and make
publicly available, a report on findings of the Millennium Cohort Study
relating to the gynecological and perinatal health of women members of
the Armed Forces participating in the study.
(b) Matters Included.--Each report under subsection (a) shall
include, at a minimum, the following:
(1) A summary of general findings pertaining to
gynecological and perinatal health, such as the diseases,
disorders, and conditions that affect the functioning of
reproductive systems, including regarding maternal mortality
and severe maternal morbidity, birth defects, developmental
disorders, low birth weight, preterm birth, reduced fertility,
menstrual disorders, and other health concerns.
(2) All research projects that have concluded during the
year covered by the report and the outcomes of such projects.
(3) Abstracts of all ongoing projects.
(4) Abstracts of all projects that have been considered for
investigation.
(c) Identification of Areas.--The Secretary shall identify--
(1) areas in which the Millennium Cohort Study can increase
efforts to capture data and produce studies in the field of
gynecological and perinatal health of women members of the
Armed Forces; and
(2) activities that are currently underway to achieve such
efforts.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Committees on Veterans' Affairs of the
House of Representatives and the Senate.
(2) The term ``Millennium Cohort Study'' means the
longitudinal study authorized under section 743 of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 112 Stat. 2074) to evaluate data on
the health conditions of members of the Armed Forces upon their
return from deployment.
SEC. 751. PARTNERSHIPS WITH ACADEMIC HEALTH CENTERS.
The Assistant Secretary of Defense for Health Affairs shall
establish a University Affiliated Research Center and partner with
Academic Health Centers to focus on the unique challenges wounded
members of the Armed Forces experience. In carrying out this section,
the Assistant Secretary shall emphasize research that reduces
dependency on opioids, develops novel pain management and mental health
strategies, and leverages partnerships with industry and medical device
manufacturers to advance promising technologies for wounded members.
SEC. 752. STUDY ON USE OF ROUTINE NEUROIMAGING MODALITIES IN DIAGNOSIS,
TREATMENT, AND PREVENTION OF BRAIN INJURY DUE TO BLAST
PRESSURE EXPOSURE DURING COMBAT AND TRAINING.
(a) In General.--The Secretary of Defense shall conduct a study on
the feasibility and effectiveness of the use of routine neuroimaging
modalities in the diagnosis, treatment, and prevention of brain injury
among members of the Armed Forces due to one or more blast pressure
exposures during combat and training.
(b) Reports.--
(1) Interim report.--Not later than one year after the date
of the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives an interim report on the methods and action
plan for the study under subsection (a).
(2) Final report.--Not later than two years after the date
on which the Secretary begins the study under subsection (a),
the Secretary shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on the
results of such study.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
SEC. 801. ESTABLISHMENT OF ACQUISITION PATHWAYS FOR SOFTWARE
APPLICATIONS AND SOFTWARE UPGRADES.
(a) Guidance Required.--Not later than March 1, 2020, the Secretary
of Defense shall establish guidance authorizing the use of acquisition
pathways described in subsection (b) for the rapid acquisition of
software applications and software upgrades that are intended to be
fielded within one year. A contract awarded under this section--
(1) shall be in an amount equal to or less than
$50,000,000; and
(2) may be entered into for a period of not more than one
year.
(b) Software Acquisition Pathways.--The guidance required by
subsection (a) shall provide for the use of the following two
acquisition pathways:
(1) Applications.--The applications pathway shall provide
for the use of rapid development and implementation of software
applications to be used with commercially available hardware.
(2) Upgrades.--The upgrades pathway shall provide for the
rapid development and insertion of software upgrades for
embedded weapon systems or another hardware system solely used
by the Department of Defense.
(c) General Requirements.--The guidance required by subsection (a)
shall provide for--
(1) the use of proven technologies and solutions to
continuously engineer, update, and deliver capabilities in
software; and
(2) a streamlined and coordinated requirements, budget, and
acquisition process that results in the rapid fielding of
software applications and software upgrades.
(d) Expedited Process.--
(1) In general.--An acquisition conducted under the
guidance required by subsection (a) shall not be subject to the
Joint Capabilities Integration and Development System Manual
and Department of Defense Directive 5000.01, except to the
extent specifically provided in such guidance.
(2) Requirements process.--The guidance required by
subsection (a) shall provide that the requirements for
acquisition of software applications and software upgrades--
(A) are developed, refined, and prioritized on an
iterative basis through continuous participation and
collaboration by users, testers, and requirements
authorities;
(B) include an identification of the need for, and
users of, the software to be acquired and a rationale
for how the software will support increased efficiency
of the Department of Defense;
(C) are stated in the form of a summary-level list
of vulnerabilities in existing software systems and
desired features or capabilities of the software to be
acquired; and
(D) consider issues related to lifecycle costs,
systems interoperability, and logistics support if the
developer of the software to be acquired stops
providing support.
(4) Execution of rapid acquisitions.--The Secretary shall
ensure that--
(A) an acquisition conducted under the guidance
required by subsection (a) is supported by an entity
capable of regular automated testing of the source code
of the software to be acquired and that such entity is
authorized to buy storage, bandwidth, and computing
capability as necessary;
(B) the Department of Defense can collect and
analyze the testing data described in subparagraph (A)
to make decisions regarding software acquisition and
oversight;
(C) the Director of Operational Test and Evaluation
and the project manager appointed under paragraph (5)
design test cases to ensure that the entity described
in subparagraph (A) can test the software to be
acquired to ensure such software meets the requirements
of the contract;
(D) the project manager appointed under paragraph
(5) closely monitors the progress of an acquisition
conducted under the guidance required by subsection
(a);
(E) an independent cost estimate is conducted that
considers--
(i) the iterative process of the
development of the software to be acquired; and
(ii) the long-term value of the software to
be acquired to the Department of Defense, not
based on the value of individual lines of
source code of the software;
(F) the performance of fielded versions of the
software to be acquired are demonstrated and evaluated
in an operational environment;
(G) performance metrics of the software to be
acquired, such as metrics relating to when the software
can be fielded, delivery capabilities of the software
(including speed of recovery from outages and
cybersecurity vulnerabilities), and assessments and
estimations of the size and complexity of such
software, are automatically generated on a continuous
basis and made available to the Department of Defense
and the congressional defense committees; and
(H) cybersecurity metrics of the software to be
acquired, such as metrics relating to the density of
vulnerabilities within the code, the time from
vulnerability identification to patch availability, the
existence of common weaknesses within the code, and
other cybersecurity metrics based on widely-recognized
standards and industry best practices, are generated
and made available to the Department of Defense and the
congressional defense committees.
(5) Administration of software acquisition pathways.--The
guidance required by subsection (a) may provide for the use of
any of the following streamlined procedures:
(A) The service acquisition executive of the
military department concerned shall appoint a project
manager for each acquisition of software applications
and software upgrades, as determined by the service
acquisition executive. Such project manager shall be
appointed from among civilian employees or members of
the Armed Forces who have significant and relevant
experience in current software processes.
(B) Each project manager shall report with respect
to such acquisition directly, and without intervening
review or approval, to the service acquisition
executive of the military department concerned.
(C) The service acquisition executive of the
military department concerned shall evaluate the job
performance of such manager on an annual basis. In
conducting an evaluation under this paragraph, a
service acquisition executive shall consider the extent
to which the manager has achieved the objectives of the
acquisition for which the manager is responsible,
including quality, timeliness, and cost objectives.
(D) The project manager shall be authorized staff
positions for a technical staff, including experts in
software engineering to enable the manager to manage
the acquisition without the technical assistance of
another organizational unit of an agency to the maximum
extent practicable.
(E) The project manager shall be authorized, in
coordination with the users and testers of the software
to be acquired, to make tradeoffs among lifecycle
costs, requirements, and schedules to meet the goals of
the acquisition.
(F) The service acquisition executive or the Under
Secretary of Defense for Acquisition and Sustainment,
as applicable, shall serve as the decision authority
for the acquisition.
(G) The project manager of a defense streamlined
acquisition shall be provided a process to
expeditiously seek a waiver from Congress from any
statutory or regulatory requirement that the project
manager determines adds little or no value to the
management of the acquisition.
(6) Delegation of authority.--The service acquisition
executive may delegate any of the responsibilities under this
subsection to a program executive officer (or equivalent).
(e) Contract Terms.--
(1) In general.--A contract entered into pursuant to the
guidance required by subsection (a)--
(A) may be awarded within a 90-day period after
solicitation on the basis of--
(i) statements of qualifications and past
performance data submitted by offerors; and
(ii) discussions with two or more qualified
offerors without regard to price;
(B) may be a time-and-materials contract;
(C) shall be treated as a contract for the
acquisition of commercial services (as defined in
section 103a of title 41, United States Code, as in
effect on January 1, 2020);
(D) shall identify the individuals to perform the
work of the contract, and such individuals may not be
replaced without the advance written consent of the
contracting officer; and
(E) may allow for a contractor performing the work
of the contract to review existing software in
consultation with the user community and incorporate
user feedback to--
(i) define and prioritize software
requirements; and
(ii) design and implement new software
applications and software upgrades.
(2) Options.--A contract entered into pursuant to the
guidance required by subsection (a) may contain an option to
extend the contract once, for a period not to exceed one year,
to complete the implementation of one or more specified
software applications and software upgrades identified during
the period of the initial contract. Such an option may not be
in an amount greater than $100,000,000 and--
(A) if the option is a time-and-materials contract,
it shall be treated as a contract for the acquisition
of commercial services (as defined in section 103a of
title 41, United States Code); and
(B) if the option is a fixed-price contract, it
shall be treated as a contract for the acquisition of
commercial products (as defined in section 103 of title
41, United States Code).
(f) Rule of Construction.--Nothing in this section shall be deemed
to prevent the use of other methods of acquisition to procure software
applications and upgrades.
(g) Conforming Amendment.--Section 2430(a)(2) of title 10, United
States Code, is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) an acquisition program for software
applications and software upgrades carried out using
the acquisition guidance issued pursuant to section 801
of the National Defense Authorization Act for Fiscal
Year 2020.''.
SEC. 802. SOFTWARE DEVELOPMENT AND SOFTWARE ACQUISITION TRAINING AND
MANAGEMENT PROGRAMS.
(a) Establishment of Software Development and Software Acquisition
Training and Management Programs.--
(1) In general.--The Secretary of Defense, acting through
the Under Secretary of Defense for Acquisition and Sustainment
and in consultation with the Under Secretary of Defense for
Research and Engineering and the Chief Information Officer of
the Department of Defense, shall establish software development
and software acquisition training and management programs for
all software acquisition professionals, software developers,
and other appropriate individuals, as determined by the
Secretary of Defense to earn a certification in software
development and software acquisition.
(2) Program contents.--The programs established under
paragraph (1) shall--
(A) develop and expand the use of specialized
training programs for chief information officers of the
military departments and the Defense Agencies, service
acquisition executives, program executive officers, and
program managers to include training on and experience
in--
(i) continuous software development; and
(ii) acquisition pathways available to
acquire software;
(B) ensure program managers for major defense
acquisition programs, defense business systems, and
other software programs of the Department of Defense--
(i) have demonstrated competency in current
software processes;
(ii) have the skills to lead a workforce
that can quickly meet challenges, use software
tools that prioritize continuous or frequent
upgrades as such tools become available, take
up opportunities provided by new innovations,
and plan software activities in short
iterations to learn from risks of software
testing; and
(iii) have the experience and training to
delegate technical oversight and execution
decisions; and
(C) include continuing education courses and
experiential training to help individuals maintain
skills learned through the programs.
(b) Reports.--
(1) Reports required.--The Secretary shall submit to the
congressional defense committees--
(A) not later than 90 days after the date of the
enactment of this Act, an initial report; and
(B) not later than one year after the date of the
enactment of this Act, a final report.
(2) Contents.--Each report required under paragraph (1)
shall include--
(A) the status of implementing the software
development and software acquisition training and
management programs established under subsection
(a)(1);
(B) a description of the requirements for
certification, including the requirements for
competencies in current software processes;
(C) a description of potential career paths in
software development and software acquisition within
the Department of Defense;
(D) an independent assessment conducted by the
Defense Innovation Board of the progress made on
implementing the programs established under subsection
(a)(1); and
(E) any recommendations for changes to existing law
to facilitate the implementation of the programs
established under subsection (a)(1).
(c) Definitions.--In this section:
(1) Program executive officer; program manager.--The terms
``program executive officer'' and ``program manager'' have the
meanings given those terms, respectively, in section 1737 of
title 10, United States Code.
(2) Service acquisition executive.--The terms ``military
department'', ``Defense Agency'', and ``service acquisition
executive'' have the meanings given those terms, respectively,
in section 101 of title 10, United States Code.
(3) Major defense acquisition program.--The term ``major
defense acquisition program'' has the meaning given in section
2430 of title 10, United States Code.
(4) Defense business system.--The term ``defense business
system'' has the meaning given in section 2222(i)(1) of title
10, United States Code.
SEC. 803. MODIFICATIONS TO COST OR PRICING DATA FOR CERTAIN
PROCUREMENTS.
(a) Cost or Pricing Data for Certain Commercial Products.--
(1) In general.--Section 2306a(b)(4) of title 10, United
States Code, is amended by adding at the end the following new
subparagraph:
``(D) If the head of contracting activity determines, based
on market research, that a commercial item will be solely
procured by the Department of Defense, the offeror of such
commercial product shall provide cost or pricing data to the
contracting officer pursuant to subsection (a).''.
(2) Conforming amendment.--Effective January 1, 2020,
subparagraph (D) of section 2306a(b)(4) of title 10, United
States Code, as added by paragraph (1), is amended by striking
``commercial item'' and inserting ``commercial product''.
(b) Data Other Than Certified Cost or Pricing Data for Sole Source
Contract Awards.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall
revise the Defense Supplement to the Federal Acquisition
Regulation to require an offeror for a sole source contract,
subcontract, or modification of a sole source contract or
subcontract, to submit to the contracting officer data other
than certified cost or pricing data under section 2306a(d) of
title 10, United States Code, for purposes of determining the
reasonableness of the price of the contract, subcontract, or
modification of the contract or subcontract.
(2) Penalty.--With respect to an offeror that fails to
comply with the requirements established under paragraph (1),
the Secretary of Defense may--
(A) suspend or debar such offeror; or
(B) include a notation on such offeror in the
system used by the Federal Government to monitor or
record contractor past performance.
(c) Should-cost Analysis for Commercial Product Procurements.--The
Director of the Defense Contract Management Agency shall identify which
commercial products (as defined in section 103 of title 41, United
States Code, as in effect on January 1, 2020) should be analyzed under
the should-cost review process before the Secretary of Defense enters
into a contract to procure such a commercial product.
(d) Guidelines and Resources on the Acquisition or Licensing of
Intellectual Property.--Section 2322 of title 10, United States Code,
is amended by adding at the end the following new subsection:
``(c) Guidelines and Resources.--
``(1) In general.--The Secretary of Defense, acting through
the Under Secretary of Defense for Acquisition and Sustainment,
shall develop guidelines and resources on the acquisition or
licensing of intellectual property, including--
``(A) model forms for specially negotiated licenses
described under section 2320(f) (as appropriate); and
``(B) an identification of definitions, key terms,
examples, and case studies that resolve ambiguities in
the differences between--
``(i) detailed manufacturing and process
data;
``(ii) form, fit, and function data; and
``(iii) data required for operations,
maintenance, installation, and training.
``(2) Consultation.--In developing the guidelines and
resources described in paragraph (1), the Secretary shall
regularly consult with appropriate stakeholders, including
large and small businesses, traditional and non-traditional
contractors (including subcontractors), and maintenance repair
organizations.''.
SEC. 804. MODIFICATIONS TO COST OR PRICING DATA ON BELOW-THRESHOLD
CONTRACTS.
(a) Below-Threshold Civilian Contracts.--Section 3504 of title 41,
United States Code is amended--
(1) by striking ``head of the procuring activity'' each
place it appears and inserting ``contracting officer'';
(2) in subsection (b), by striking ``or (2)''; and
(3) by striking subsection (c).
(b) Below-threshold Defense Contracts.--Section 2306a(c) of title
10, United States Code, is amended--
(1) by striking ``head of the procuring activity'' each
place it appears and inserting ``contracting officer'';
(2) in paragraph (2), by striking ``or (B)''; and
(3) by striking paragraph (3).
SEC. 805. COMPTROLLER GENERAL REPORT ON PRICE REASONABLENESS.
Not later than March 31, 2021, the Comptroller General of the
United States shall submit to the congressional defense committees, the
Committee on Oversight and Reform of the House of Representatives, and
the Committee on Homeland Security and Governmental Affairs of the
Senate a report on the efforts of the Secretary of Defense to secure
data relating to the price reasonableness of offers from offerors. The
report shall include a review of--
(1) the number of, and justification for, any waiver of
requirements for submission of certified cost or pricing data
for sole source contracts for spare parts issued during fiscal
years 2015 through 2019 pursuant to section 2306a(b)(1)(C) of
title 10, United States Code;
(2) the number of, and justification for, any exception to
the requirements for submission of certified cost or pricing
data for sole source contracts for spare parts provided during
fiscal years 2015 through 2019 pursuant to section
2306a(b)(1)(B) of title 10, United States Code;
(3) the number of contracts awarded for which a request for
cost or pricing data, including data other than certified cost
or pricing data, to determine price reasonableness was denied
by an offeror at the time of award;
(4) actions taken by the Secretary if an offeror refused to
provide request data described in paragraph (2), including--
(A) whether the contracting officer included a
notation in the system used by the Federal Government
to monitor or record contractor past performance
regarding the refusal of an offeror to provide such
data;
(B) any strategies developed by the Secretary to
acquire the good that was the subject of a contract for
which the offeror refused to provide such data in the
future without the need for such a waiver.
SEC. 806. REQUIREMENT THAT CERTAIN SHIP COMPONENTS BE MANUFACTURED IN
THE NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.
(a) Additional Procurement Limitation.--Section 2534(a) of title
10, United States Code, is amended by adding at the end the following
new paragraph:
``(6) Components for auxiliary ships.--Subject to
subsection (k), the following components:
``(A) Auxiliary equipment, including pumps, for all
shipboard services.
``(B) Propulsion system components, including
engines, reduction gears, and propellers.
``(C) Shipboard cranes.
``(D) Spreaders for shipboard cranes.''.
(b) Implementation.--Such section is further amended by adding at
the end the following new subsection:
``(k) Implementation of Auxiliary Ship Component Limitation.--
Subsection (a)(6) applies only with respect to contracts awarded by the
Secretary of a military department for new construction of an auxiliary
ship after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2020 using funds available for
National Defense Sealift Fund programs or Shipbuilding and Conversion,
Navy. For purposes of this subsection, the term `auxiliary ship' does
not include an icebreaker.''.
SEC. 807. ACQUISITION AND DISPOSAL OF CERTAIN RARE EARTH MATERIALS.
(a) Guidance on Streamlined Acquisition of Covered Rare Earth
Materials.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment, in consultation with the Under
Secretary of Defense (Comptroller), the Vice Chairman of the
Joint Chiefs of Staff, the Secretary of Energy, and the
appropriate Under Secretary of State designated by the
Secretary of State shall establish guidance to--
(A) enable the acquisition of items containing rare
earth materials, with a focus on items that contain
high concentrations of rare earth materials;
(B) establish a secure supply chain for rare earth
materials from sources within the United States and
covered foreign sources; and
(C) ensure that the United States will eliminate
dependency on rare earth materials from China by fiscal
year 2035.
(2) Contents.--The guidance required by paragraph (1) shall
encourage the use of rare earth materials mined, refined,
processed, melted, or sintered in the United States and
include--
(A) a determination of when best value contracting
methods, including use of a sole source contract with a
institution of higher education (as defined in section
101 of the Higher Education Act of 1965 Act (20 U.S.C.
1001)) or other entity, should be used to ensure the
viability of a rare earth material supplier;
(B) a guide to the applicability of relevant
statutes, including sections 2533b and 2533c of title
10, United States Code, and other statutory or
regulatory restrictions to defense contracts and
subcontracts;
(C) information on current sources within the
United States and covered foreign sources of rare earth
materials along with commonly used commercial
documentation and review processes;
(D) directives on budgeting and expending funds for
the qualification and certification of suppliers of
rare earth materials within the United States to meet
national security needs; and
(E) any exceptions to the Joint Capabilities
Integration and Development System Manual and
Department of Defense Directive 5000.01.
(3) Report.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment, in consultation with the
appropriate Under Secretary of State designated by the
Secretary of State, shall submit to the congressional defense
committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of the
Senate a report on--
(A) the guidance required by paragraph (1); and
(B) the efforts of the Secretary of Defense to
create and maintain secure supply chain for rare earth
materials from sources within the United States and
covered foreign sources.
(4) Definitions.--In this subsection:
(A) Covered foreign source.--The term ``covered
foreign source'' means a source located in a foreign
country that is not an adversary of the United States,
as determined by the Secretary of Defense.
(B) Rare earth material.--The term ``rare earth
material'' means a concentrate, oxide, carbonate,
fluoride, metal, alloy, magnet, or finished product
whose chemical, magnetic, or nuclear properties are
largely defined by the presence of--
(i) yttrium;
(ii) scandium; or
(iii) any lanthanide series element.
(b) Authority to Dispose of and Acquire Materials for the National
Defense Stockpile.--
(1) Disposal authority.--Pursuant to section 5(b) of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98d(b)), the National Defense Stockpile Manager shall dispose
of 3,000,000 pounds of tungsten ores and concentrates contained
in the National Defense Stockpile (in addition to any amount
previously authorized for disposal).
(2) Acquisition authority.--
(A) Authority.--Using funds available in the
National Defense Stockpile Transaction Fund, the
National Defense Stockpile Manager may acquire the
following materials determined to be strategic and
critical materials required to meet the defense,
industrial, and essential civilian needs of the United
States:
(i) Aerospace-grade rayon.
(ii) Electrolytic manganese metal.
(iii) Pitch-based carbon fiber.
(iv) Rare earth cerium compounds.
(v) Rare earth lanthanum compounds.
(B) Amount of authority.--The National Defense
Stockpile Manager may use up to $14,420,000 in the
National Defense Stockpile Transaction Fund for
acquisition of the materials specified in subsection
(b).
(C) Fiscal year limitation.--The authority under
subsection (b) is available for purchases during fiscal
year 2020 through fiscal year 2024.
(c) National Defense Stockpile Sales.--
(1) Sense of congress.--It is the sense of Congress that
tantalum should be designated as a strategic and critical
material under the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98 et seq.), required to meet the
defense, industrial, and essential civilian needs of the United
States.
(2) National defense stockpile sales of tantalum.--Section
2533c(d)(1) of title 10, United States code, is amended--
(A) in subparagraph (C), by striking ``and'' at the
end;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) adding at the end the following new
subparagraph:
``(E) tantalum.''.
(3) Prohibition on sales of materials.--Section 2533c(a)(2)
of title 10, United States Code, is amended by striking
``covered'' before ``material''.
SEC. 808. PROHIBITION ON ACQUISITION OF TANTALUM FROM NON-ALLIED
FOREIGN NATIONS.
Subsection (d)(1) of section 2533c of title 10, United States Code,
is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(E) tantalum.''.
SEC. 809. APPLICATION OF MISCELLANEOUS TECHNOLOGY BASE POLICIES AND
PROGRAMS TO THE COLUMBIA-CLASS SUBMARINE PROGRAM.
Notwithstanding subchapter V of chapter 148 of title 10, United
States Code (except for sections 2534, 2533a, and 2533b of such title),
for a period of one year beginning on the date of the enactment of this
Act, the milestone decision authority (as defined in section 2366a of
title 10, United States Code) for the Columbia-class submarine program
shall ensure that such program maintains the schedule approved under
the Milestone B approval (as defined in such section).
SEC. 810. APPLICATION OF LIMITATION ON PROCUREMENT OF GOODS OTHER THAN
UNITED STATES GOODS TO THE FFG-FRIGATE PROGRAM.
Notwithstanding any other provision of law, amounts authorized to
carry out the FFG-Frigate Program may be used to award a new contract
that provides for the acquisition of the following components
regardless of whether those components are manufactured in the United
States:
(1) Auxiliary equipment (including pumps) for shipboard
services.
(2) Propulsion equipment (including engines, reduction
gears, and propellers).
(3) Shipboard cranes.
(4) Spreaders for shipboard cranes.
SEC. 811. CONSIDERATION OF PRICE IN PROCUREMENT OF THE FFG(X) FRIGATE.
In evaluating proposals for a contract to procure a FFG(X) frigate,
the Secretary of the Navy shall ensure price is a critical evaluation
factor set forth in the request for proposal (solicitation number
N0002419R2300) for the procurement of the frigate.
SEC. 812. REPEAL OF CONTINUATION OF DATA RIGHTS DURING CHALLENGES.
(a) Repeal.--Section 866 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
1901; 10 U.S.C. 2321) is repealed.
(b) Restoration of Amended Provision.--Subsection (i) of section
2321 of title 10, United States Code, is amended to read as follows:
``(i) Rights and Liability Upon Final Disposition.--(1) If, upon
final disposition, the contracting officer's challenge to the use or
release restriction is sustained--
``(A) the restriction shall be cancelled; and
``(B) if the asserted restriction is found not to be
substantially justified, the contractor or subcontractor
asserting the restriction shall be liable to the United States
for payment of the cost to the United States of reviewing the
asserted restriction and the fees and other expenses (as
defined in section 2412(d)(2)(A) of title 28) incurred by the
United States in challenging the asserted restriction, unless
special circumstances would make such payment unjust.
``(2) If, upon final disposition, the contracting officer's
challenge to the use or release restriction is not sustained--
``(A) the United States shall continue to be bound by the
restriction; and
``(B) the United States shall be liable for payment to the
party asserting the restriction for fees and other expenses (as
defined in section 2412(d)(2)(A) of title 28) incurred by the
party asserting the restriction in defending the asserted
restriction if the challenge by the United States is found not
to be made in good faith.''.
SEC. 813. REPEAL OF AUTHORITY TO WAIVE ACQUISITION LAWS TO ACQUIRE
VITAL NATIONAL SECURITY CAPABILITIES.
Section 806 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note) is repealed.
SEC. 814. REPEAL OF TRANSFER OF FUNDS RELATED TO COST OVERRUNS AND COST
UNDERRUNS.
(a) In General.--Section 828 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2430 note) is
repealed.
(b) Conforming Amendment.--Section 825 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat.
1466) is amended--
(1) by repealing subsection (b); and
(2) by striking ``(a) In General.--''.
SEC. 815. ADDITION OF DOMESTICALLY PRODUCED STAINLESS STEEL FLATWARE
AND DINNERWARE TO THE BERRY AMENDMENT.
(a) In General.--Section 2533a(b) of title 10, United States Code,
is amended by adding at the end the following new paragraphs:
``(3) Stainless steel flatware.
``(4) Dinnerware.''.
(b) Effective Date.--Paragraphs (3) and (4) of section 2533a(b) of
title 10, United States Code, as added by subsection (a), shall apply
with respect to contracts entered into on or after the date occurring 1
year after the date of the enactment of this Act.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 821. MODIFICATIONS TO THE MIDDLE TIER OF ACQUISITION PROGRAMS.
(a) Access to Technical Data, Records, and Information.--Section
804 of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 10 U.S.C. 2302 note) is amended by adding at the
end the following new subsection:
``(e) Access to Technical Data, Records, and Information.--The
Secretary of Defense shall develop a process to provide the Director of
Operational Test and Evaluation, the Director of Cost Assessment and
Program Evaluation, and the Under Secretary of Defense for Research and
Engineering access to all technical data, records, and information
necessary to evaluate the technological maturity, operational
effectiveness, and operational suitability of products and technologies
proposed to be acquired under the guidance required by subsection
(a).''.
(b) Dollar Threshold for Acquisition Programs.--Subsection (a) of
such section is amended--
(1) by striking ``Not later than'' and inserting the
following:
``(1) In general.--Not later than'';
(2) in paragraph (1), as so designated, by striking
``acquisition programs that are intended to be completed in a
period of two to five years.'' and inserting the following:
``acquisition programs--
``(A) with an eventual total expenditure for
research, development, test, and evaluation or an
eventual total expenditure for procurement that is less
than those expenditures described in section
2430(a)(1)(B) of this title; and
``(B) that are intended to be completed in a period
of two to five years.''; and
(3) by adding at the end the following new paragraph:
``(2) Waiver.--The Secretary of Defense may waive the
requirements of subparagraph (A) of paragraph (1), and may not
delegate the authority to make such a waiver.''.
SEC. 822. BRIEFING RELATING TO THE ``MIDDLE TIER'' OF ACQUISITION
PROGRAMS.
(a) In General.--Not later than December 1, 2019, the Secretary of
Defense shall provide a briefing to the congressional defense
committees on lessons learned and best practices identified through the
use of the ``middle tier'' of acquisition programs described under
section 804 of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92; 10 U.S.C. 2302 note). The briefing shall be
accompanied by a written analysis--
(1) identifying which lessons learned can be applied to--
(A) ``middle tier'' acquisition programs; and
(B) any major defense acquisition program (as
defined under section 2430 of title 10, United States
Code);
(2) describing the extent to which covered risk should be a
factor in determining which acquisition authority to use,
including--
(A) an acquisition pathway as described under
subsection (b) of section 804 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-
92; 10 U.S.C. 2302 note);
(B) the authority described under section 2371b of
title 10, United States Code;
(C) acquisition authority relating to urgent
operational needs;
(D) a traditional acquisition process; or
(E) any other acquisition authority, as determined
by the Secretary;
(3) describing whether any requirements applicable to major
defense acquisition programs should be applicable to ``middle
tier'' acquisition programs under such section; and
(4) recommending amendments or revisions (as applicable) to
law or regulation, and including available data to support such
recommendations.
(b) Covered Risk Defined.--In this section, the term ``covered
risk'' shall have the meaning given by the Secretary of Defense, and
shall include a consideration of cost, schedule, performance, risk to
operational success.
SEC. 823. RATES FOR PROGRESS PAYMENTS OR PERFORMANCE-BASED PAYMENTS.
(a) Consistency in Establishment of Rates for Progress Payments or
Performance-based Payments.--Section 2307(a) of title 10, United States
Code, is amended by inserting the following new paragraph:
``(3) Except as provided in subsection (g), the Secretary
of Defense shall not establish a rate for progress payments or
a rate for performance-based payments that is lower than the
rate for progress payments or a rate for performance-based
payments, as applicable, established by another head of an
agency.''.
(b) Payment Authority.--Section 2307(a)(1) of title 10, United
States Code, is amended in the matter preceding subparagraph (A) by
striking ``The head of any agency may'' and inserting ``The head of an
agency
may--''.
(c) Notice of Revision to Rates for Progress Payments or
Performance-based Payments.--
(1) To congress.--The Secretary of Defense may not issue
rules to revise the rate for progress payments or the rate for
performance-based payments unless the Secretary provides the
congressional defense committees with a notice of determination
of need for such revision. This notice shall include--
(A) a justification, including the data and
analysis supporting the justification, for the
revision; and
(B) an assessment of how the revision will create a
more effective acquisition process and benefit the
defense industrial base.
(2) Publication.--The Secretary shall publish the notice
required by paragraph (1) in the Federal Register not later
than five business days after providing such notice to the
congressional defense committees.
SEC. 824. ADDITIONAL REQUIREMENTS FOR NEGOTIATIONS FOR NONCOMMERCIAL
COMPUTER SOFTWARE.
Section 2322a of title 10, United States Code, is amended by adding
at the end the following new subsections:
``(c) Rights to Noncommercial Computer Software.--As part of any
negotiation for the acquisition of noncommercial computer software, the
Secretary of Defense may not require a contractor to sell or otherwise
relinquish to the Federal Government any rights to noncommercial
computer software developed exclusively at private expense, except for
rights related to--
``(1) corrections or changes to such software or related
materials for such software furnished to the contractor by the
Department of Defense;
``(2) such software or related materials for such software
that is otherwise publicly available or that has been released
or disclosed by the contractor or subcontractor without
restrictions on further use, release, or disclosure, other than
a release or disclosure resulting from the sale, transfer, or
other assignment of interest in such software or related
materials to another party;
``(3) such software or related materials for such software
obtained with unlimited rights under another contract with the
Federal Government or as a result of such a negotiation; or
``(4) such software or related materials for such software
furnished to the Department of Defense under a contract or
subcontract that includes--
``(A) restricted rights in such software, limited
rights in technical data, or government purpose rights,
where such restricted rights, limited rights, or
government purpose rights have expired; or
``(B) government purpose rights, where the
contractor's exclusive right to use such software or
related materials for commercial purposes has expired.
``(d) Consideration of Specially Negotiated Licenses.--The
Secretary of Defense shall, to the maximum extent practicable,
negotiate and enter into a contract with a contractor for a specially
negotiated license for noncommercial computer software or related
materials for such software necessary to support the product support
strategy of a major weapon system or subsystem of a major weapon
system.''.
SEC. 825. RESPONSIBILITY FOR DATA ANALYSIS AND REQUIREMENTS VALIDATION
FOR SERVICES CONTRACTS.
Section 2329 of title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``, acting through the
Under Secretary of Defense (Comptroller) and Director of Cost
Assessment and Program Evaluation,'' after ``Secretary of
Defense'';
(2) in subsection (b), in the matter preceding paragraph
(1), by inserting ``, acting through the Under Secretary of
Defense (Comptroller) and Director of Cost Assessment and
Program Evaluation,'' after ``Secretary of Defense''; and
(3) in subsection (c)(2)(A), by inserting ``, acting
through the Under Secretary of Defense (Comptroller) and
Director of Cost Assessment and Program Evaluation,'' after
``Secretary of Defense''.
SEC. 826. ANNUAL REPORTS ON AUTHORITY TO CARRY OUT CERTAIN PROTOTYPE
PROJECTS.
(a) In General.--Section 2371b of title 10, United States Code, is
amended by adding at the end the following new subsections:
``(i) Data Collection and Use.--(1) The service acquisition
executive of each military department shall collect data on the use of
the authority under this section by the applicable military department,
and the Under Secretary of Defense for Research and Engineering and the
Under Secretary of Defense for Acquisition and Sustainment shall
collect data on all other use of such authority by the Department of
Defense, including use by the Defense Agencies.
``(2) The Under Secretary of Defense for Acquisition and
Sustainment shall--
``(A) maintain a database of information collected under
this section, which shall be made accessible to any official
designated by the Secretary of Defense; and
``(B) analyze such information to update policy and
guidance related to the use of the authority under this
section.
``(j) Report.--(1) Not later than December 31, 2019, and each
December 31 thereafter the Secretary of Defense shall annually submit
to the congressional defense committees a report covering the preceding
fiscal year on the use of the authority under this section. Each report
shall summarize the data collected under subsection (i) on the nature
and extent of each such use of the authority, including a description--
``(A) of the participants to an agreement entered into
pursuant to the authority of subsection (a) or a follow-on
contract or transaction entered into pursuant to the authority
of subsection (f);
``(B) of the quantity of prototype projects to be produced
pursuant to such an agreement, follow-on contract, or
transaction;
``(C) of the amount of payments made pursuant to each such
agreement, follow-on contract, or transaction;
``(D) of the purpose, description, and status of prototype
projects carried out pursuant to each such agreement, follow-on
contract, or transaction; and
``(E) including case examples, of the successes and
challenges with using the authority of subsection (a) or (f).
``(2) A report required under this subsection shall be submitted in
unclassified form without any designation relating to dissemination
control, but may contain a classified annex.''.
(b) Conforming Amendment.--Section 873 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 132 Stat. 1905; 10 U.S.C. 2371 note) is repealed.
SEC. 827. COMPETITION REQUIREMENTS FOR PURCHASES FROM FEDERAL PRISON
INDUSTRIES.
(a) Competition Requirements for Purchases From Federal Prison
Industries.--Subsections (a) and (b) of section 2410n of title 10,
United States Code, are amended to read as follows:
``(a) Market Research.--Before purchasing a product listed in the
latest edition of the Federal Prison Industries catalog published under
section 4124(d) of title 18, the Secretary of Defense shall conduct
market research to determine whether such product--
``(1) is comparable to products available from the private
sector; and
``(2) best meets the needs of the Department of Defense in
terms of price, quality, and time of delivery.
``(b) Competition Requirement.--If the Secretary determines that a
Federal Prison Industries product is not comparable to products
available from the private sector and does not best meet the needs of
the Department of Defense in terms of price, quality, or time of
delivery, the Secretary shall use competitive procedures or make an
individual purchase under a multiple award contract for the procurement
of the product. In conducting such a competition or making such a
purchase, the Secretary shall consider a timely offer from Federal
Prison Industries.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect 60 days after the date of the enactment of this Act.
SEC. 828. ENHANCED POST-AWARD DEBRIEFING RIGHTS.
Section 818(a)(1) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1463; 10 U.S.C. 2305
note) is amended by striking ``$100,000,000'' each place it appears and
inserting ``$50,000,000''.
SEC. 829. STANDARDIZING DATA COLLECTION AND REPORTING ON USE OF SOURCE
SELECTION PROCEDURES BY FEDERAL AGENCIES.
(a) Repeal of Government Accountability Office Reporting
Requirements on Use of Lowest Price Technically Acceptable Source
Selection Criteria.--
(1) Department of defense.--Section 813 of the National
Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 2305
note) is amended by striking subsection (d).
(2) Other agencies.--Section 880 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 132 Stat. 1910; 41 U.S.C. 3701 note) is amended by
striking subsection (d) and redesignating subsection (e) as
subsection (d).
(b) Revision to the Federal Procurement Data System.--Not later
than 180 days after the date of the enactment of this Act, the
Administrator of General Services, in coordination with the
Administrator for Federal Procurement Policy, shall direct appropriate
revisions to the Federal procurement data system established pursuant
to section 1122(a)(4) of title 41, United States Code (or any successor
system), to facilitate the collection of complete, timely, and reliable
data on the source selection processes used by Federal agencies for the
contract actions being reported in the system. The Administrator of
General Services shall ensure that data is collected--
(1) at a minimum, on the usage of the lowest price
technically acceptable contracting methods and best value
contracting methods process; and
(2) on all applicable contracting actions, including task
orders or delivery orders issued under indefinite delivery-
indefinite quantity contracts.
SEC. 830. MODIFICATION OF JUSTIFICATION AND APPROVAL REQUIREMENT FOR
CERTAIN DEPARTMENT OF DEFENSE CONTRACTS.
(a) Modification of Justification and Approval Requirement.--
Notwithstanding section 811 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2405)--
(1) no justification and approval is required under such
section for a sole-source contract awarded by the Department of
Defense in a covered procurement for an amount not exceeding
$100,000,000; and
(2) for purposes of subsections (a)(2) and (c)(3)(A) of
such section, the appropriate official designated to approve
the justification for a sole-source contract awarded by the
Department of Defense in a covered procurement exceeding
$100,000,000 is the official designated in section
2304(f)(1)(B)(ii) of title 10, United States Code.
(b) Guidance.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall issue guidance to
implement the authority under subsection (a).
(c) Comptroller General Review.--
(1) Data tracking and collection.--The Department of
Defense shall track the use of the authority provided pursuant
to subsection (a) and make the data available to the
Comptroller General for purposes of the report required under
paragraph (2).
(2) Report.--Not later than February 1, 2022, the
Comptroller General of the United States shall submit a report
to the congressional defense committees which shall include the
number of contracts awarded on the basis of competition
restricted to Program Participants in the program established
under section 8(a) of the Small Business Act (15 U.S.C. 637(a))
to small business concerns that are Native Hawaiian
Organizations (as defined in paragraph (15) of such section (15
U.S.C. 637(a)(15))) or economically disadvantaged Indian tribes
(or a wholly owned business entity of such a tribe) (as defined
in paragraph (13) of such section (15 U.S.C. 637(a)(13))) or
that exceed the dollar amount under paragraph (1)(D) of such
section.
SEC. 831. PREFERENCE FOR OFFERORS EMPLOYING VETERANS.
(a) In General.--Chapter 137 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2339b. Preference for offerors employing veterans
``(a) Preference.--In awarding a contract for the procurement of
goods or services for the Department of Defense, the head of an agency
may establish a preference for offerors that employ veterans on a full-
time basis. The Secretary of Defense shall determine the criteria for
use of such preference.
``(b) Rule of Construction.--Nothing in this section shall be
construed to supercede any other provision of law establishing a
preference for small business concerns owned and controlled by veterans
or small business concerns owned and controlled by service-disabled
veterans (as defined in section 3(q) of the Small Business Act (15
U.S.C. 632(q))).
``(c) Congressional Notification.--Prior to establishing the
preference described in subsection (a), the Secretary of Defense shall
provide a briefing to the Committee on Armed Services of the House of
Representatives on--
``(1) a plan for implementing such preference, including--
``(A) penalties for an offeror that willfully and
intentionally misrepresents the veteran status of the
employees of the offeror in a bid submitted under
subsection (a); and
``(B) reporting on use of such preference; and
``(2) the process for assessing and verifying offeror
compliance with regulations relating to equal opportunity for
veterans requirements.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2339a the following new item:
``2339b. Preference for offerors employing veterans.''.
SEC. 832. REPORTING ON EXPENSES INCURRED FOR INDEPENDENT RESEARCH AND
DEVELOPMENT COSTS.
(a) Reporting on Independent Research and Development Costs.--
Section 2372 of title 10, United States Code, is amended--
(1) in the second sentence of subsection (a), by striking
``shall be reported'' and all that follows through ``indirect
costs.'' and inserting the following: ``shall be reported--
``(1) independently from other allowable indirect costs;
and
``(2) annually by the contractor to the Defense Technical
Information Center, who shall give access to the information to
the Under Secretary of Defense for Research and Engineering,
the Director of the Defense Contract Audit Agency, and the
Director of the Defense Management Audit Agency.''.
(b) Report to Congress.--Such section is further amended by adding
at the end the following new subsection:
``(f) Report to Congress.--Not later than March 31, 2020, and
biennially thereafter, the Under Secretary of Defense for Research and
Engineering, in coordination with the Director of the Defense Contract
Management Agency, the Director of the Defense Contract Audit Agency,
and the Defense Technical Information Center, shall submit to the
congressional defense committees aggregate cost data on the independent
research and development programs of the contractor. The report shall
include--
``(1) an analysis of such programs completed during the
two-year period preceding the date of the report, including the
extent to which such programs align with the modernization
priorities of the most recent national defense strategy (as
described by section 113 of this title);
``(2) an estimate of the extent to which such programs
produced, or sought to produce, disruptive technologies or
incremental technologies;
``(3) with respect to each contractor subject to the
reporting requirement under subsection (a)--
``(A) a comparison of the total amount of
independent research and development costs submitted
for reimbursement under the annual incurred cost
proposal of such contractor and the amount reported to
the Defense Technical Information Center; and
``(B) a summary of any issues relating to the
ownership or distribution of intellectual property
rights raised by such contractor relating to an
independent research and development program of such
contractor.''.
(c) Report to GAO.--The Secretary of Defense shall submit to the
Comptroller General of the United States the first such report required
under subsection (f) of section 2372 of title 10, United States Code
(as added by subsection (a)), so that the Comptroller General may
perform a review of the information provided in the report.
SEC. 833. REPORTING ON EXPENSES INCURRED FOR BID AND PROPOSAL COSTS.
Section 2372a(a) of title 10, United States Code, is amended--
(1) in the second sentence, by striking ``shall be
reported'' and all that follows through ``indirect costs.'' and
inserting the following: ``shall be reported--
``(1) independently from other allowable indirect costs;
and
``(2) annually by the contractor to the Director of the
Defense Contract Audit Agency, who shall give access to the
information to the Principal Director for Defense Pricing and
Contracting.''.
SEC. 834. REPEAL OF THE DEFENSE COST ACCOUNTING STANDARDS BOARD.
(a) Repeal.--Section 190 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of such title is amended by striking the item relating to
section 190.
SEC. 835. REPORT ON REQUIREMENTS RELATING TO CONSUMPTION-BASED
SOLUTIONS.
(a) Report.--The Undersecretary of Defense for Acquisition and
Sustainment shall submit to the congressional defense committees a
report on the feasibility of revising the Defense Federal Acquisition
Regulation Supplement to include requirements relating to consumption-
based solutions.
(b) Consumption-based Solutions Defined.--The term ``consumption-
based solutions'' means any combination of hardware or equipment,
software, and labor or services that together provide a capability that
is metered and billed based on actual usage and predetermined pricing
per resource unit, and includes the ability to rapidly scale capacity
up or down.
Subtitle C--Provisions Relating to Acquisition Workforce
SEC. 841. DEFENSE ACQUISITION WORKFORCE CERTIFICATION AND EDUCATION
REQUIREMENTS.
(a) Professional Certification Requirement.--
(1) Professional certification required for all acquisition
workforce personnel.--Section 1701a of title 10, United States
Code, is amended--
(A) by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively; and
(B) by inserting after subsection (b) the following
new subsection:
``(c) Professional Certification.--(1) In General.--The Secretary
of Defense shall implement a certification program to provide for a
professional certification requirement for all members of the
acquisition workforce. Except as provided in paragraph (2), the
certification requirement for any career field of the acquisition
workforce shall be based on nationally or internationally recognized
standards developed by a third-party entity.
``(2) Requirements for Secretary.--If the Secretary determines
that, for a particular acquisition workforce career field, the third-
party entity described in paragraph (1) does not meet the needs of the
Department, the Secretary shall establish the professional
certification requirement for that career field that conforms with
nationally or internationally recognized standards. The Secretary shall
determine the best approach to implement such requirement for that
career field, including implementation through entities outside the
Department of Defense and may be designed and implemented without
regard to section 1746 of this title.''.
(2) Certification renewal.--Paragraph (3) of section
1723(a) of such title is amended by striking the second
sentence.
(3) Participation in professional associations.--Section
1701a(b) of such title is amended--
(A) by redesignating paragraphs (6), (7), (8), and
(9) as paragraphs (7), (8), (9), and (10),
respectively; and
(B) by inserting after paragraph (5) the following
new paragraph:
``(6) authorize a member of the acquisition workforce to
participate in professional associations, consistent with the
performance plan of such member, if such participation provides
the member with the opportunity to gain leadership and
management skills;''.
(4) Effective date.--The Secretary of Defense shall carry
out the certification program required by subsection (c) of
section 1701a of title 10, United States Code, as added by
paragraph (1), not later than 180 days after the date of the
enactment of this Act.
(b) Elimination of Statutory Requirement for Completion of 24
Semester Credit Hours.--
(1) Qualification requirements for contracting officers.--
Section 1724 of title 10, United States Code, is amended--
(A) in subsection (a)(3)--
(i) by striking ``(A)'' after ``(3)''; and
(ii) by striking ``, and (B)'' and all that
follows through ``and management'';
(B) in subsection (b), by striking ``requirements''
in the first sentences of paragraphs (1) and (2) and
inserting ``requirement'';
(C) in subsection (e)--
(i) in paragraph (1)--
(I) by striking ``requirements in
subparagraphs (A) and (B) of subsection
(a)(3)'' and inserting ``requirement of
subsection (a)(3)''; and
(II) in subparagraph (C), by
striking ``requirements'' and inserting
``requirement''; and
(ii) in paragraph (2)--
(I) by striking ``shall have--''
and all that follows through ``been
awarded'' and inserting ``shall have
been awarded'';
(II) by striking ``; or'' and
inserting a period; and
(III) by striking subparagraph (B);
and
(D) in subsection (f), by striking ``, including--
'' and all that follows and inserting a period.
(2) Selection criteria and procedures.--Section 1732 of
such title is amended--
(A) in subsection (b)(1)--
(i) by striking ``Such requirements,'' and
all the follows through ``the
person--'' and inserting ``Such requirements
shall include a requirement that the person--
'';
(ii) by striking subparagraph (B); and
(iii) by redesignating clauses (i) and (ii)
as subparagraphs (A) and (B), respectively, and
conforming the margins accordingly;
(B) in subsection (c), by striking ``requirements
of subsections (b)(1)(A) and (b)(1)(B)'' in paragraphs
(1) and (2) and inserting ``requirement of subsection
(b)(1)''; and
(C) in subsection (d)--
(i) by striking ``(1) Except as provided in
paragraph (2),''; and
(ii) by striking paragraph (2).
(c) Defense Acquisition University Curriculum Development.--Section
1746(c) of title 10, United States Code, is amended by inserting ``,
and with commercial providers of training,'' after ``military
departments''.
(d) Career Paths.--
(1) Career path required for each acquisition workforce
career field.--Paragraph (4) of section 1701a(b) of title 10,
United States Code, is amended to read as follows:
``(4) develop and implement a career path, as described in
section 1722(a) of this title, for each career field designated
by the Secretary under section 1721(a) of this title as an
acquisition workforce career field;''.
(2) Conforming amendments.--Section 1722(a) of such title
is amended--
(A) by striking ``appropriate career paths'' and
inserting ``an appropriate career path''; and
(B) by striking ``are identified'' and inserting
``is identified for each acquisition workforce career
field''.
(3) Deadline for implementation of career paths.--The
Secretary of Defense shall carry out the requirements of
paragraph (4) of section 1701a(b) of title 10, United States
Code (as amended by paragraph (1)), not later than the end of
the two-year period beginning on the date of the enactment of
this Act.
(e) Career Fields.--
(1) Designation of acquisition workforce career fields.--
Section 1721(a) of such title is amended by adding at the end
the following new sentence: ``The Secretary shall also
designate in regulations those career fields in the Department
of Defense that are acquisition workforce career fields for
purposes of this chapter.''.
(2) Clerical amendments.--(A) The heading of such section
is amended to read as follows:
``Sec. 1721. Designation of acquisition positions and acquisition
workforce career fields''.
(B) The item relating to such section in the table
of sections at the beginning of subchapter II of
chapter 87 of such title is amended to read as follows:
``1721. Designation of acquisition positions and acquisition workforce
career fields.''.
(3)(A) The heading of subchapter II of chapter 87 of such
title is amended to read as follows:
``subchapter ii--acquisition positions and acquisition workforce
career fields''.
(B) The item relating to such subchapter in the table of
subchapters at the beginning of such chapter is amended to read
as follows:
``II. Acquisition Positions And Acquisition Workforce Career 1721''.
Fields.
(4) Deadline for designation of career fields.--The
Secretary of Defense shall carry out the requirements of second
sentence of section 1721(a) of title 10, United States Code (as
added by paragraph (1)), not later than the end of the six-
month period beginning on the date of the enactment of this
Act.
(f) Key Work Experiences.--
(1) Development of key work experiences for each
acquisition workforce career field.--Section 1722b of such
title is amended by adding at the end the following new
subsection:
``(c) Key Work Experiences.--In carrying out subsection (b)(2), the
Secretary shall ensure that key work experiences, in the form of
multidiscipline training, are developed for each acquisition workforce
career field.''.
(2) Plan for implementation of key work experiences.--Not
later than one year after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional
defense committees a plan identifying the specific actions the
Department of Defense has taken, and is planning to take, to
develop and establish key work experiences for each acquisition
workforce career field as required by subsection (c) of section
1722b of title 10, United States Code, as added by paragraph
(1). The plan shall include specification of the percentage of
the acquisition workforce, or funds available for
administration of the acquisition workforce on an annual basis,
that the Secretary will dedicate towards developing such key
work experiences.
(g) Applicability of Career Path Requirements to All Members of
Acquisition Workforce.--Section 1723(b) of such title is amended by
striking ``the critical acquisition-related''.
(h) Competency Development.--
(1) In general.--(A) Subchapter V of chapter 87 of such
title is amended by adding at the end the following new
section:
``Sec. 1765. Competency development
``For each acquisition workforce career field, the Secretary of
Defense shall establish, for the civilian personnel in that career
field, defined proficiency standards and technical and nontechnical
competencies which shall be used in personnel qualification
assessments.''.
(B) The table of sections at the beginning of such
subchapter II is amended by adding at the end the following new
item:
``1765. Competency development.''.
(2) Deadline for implementation.--The Secretary of Defense
shall carry out the requirements of section 1765 of title 10,
United States Code (as added by paragraph (1)), not later than
the end of the two-year period beginning on the date of the
enactment of this Act.
(i) Termination of Defense Acquisition Corps.--
(1) The Acquisition Corps for the Department of Defense
referred to in section 1731(a) of title 10, United States Code,
is terminated.
(2) Section 1733 of title 10, United States Code, is
amended--
(A) by striking subsection (a); and
(B) by redesignating subsection (b) as subsection
(a).
(3) Subsection (b) of section 1731 of such title is
transferred to the end of section 1733 of such title, as
amended by paragraph (2), and amended--
(A) by striking ``Acquisition Corps'' in the
heading and inserting ``the Acquisition Workforce'';
and
(B) by striking ``selected for the Acquisition
Corps'' and inserting ``in the acquisition workforce''.
(4) Subsection (e) of section 1732 of such title is
transferred to the end of section 1733 of such title, as
amended by paragraphs (2) and (3), redesignated as subsection
(c), and amended--
(A) by striking ``in the Acquisition Corps'' in
paragraphs (1) and (2) and inserting ``in critical
acquisition positions''; and
(B) by striking ``serving in the Corps'' in
paragraph (2) and inserting ``employment''.
(5) Sections 1731 and 1732 of such title are repealed.
(6)(A) Section 1733 of such title, as amended by paragraphs
(2), (3), and (4), is redesignated as section 1731.
(B) The table of sections at the beginning of subchapter
III of chapter 87 of such title is amended by striking the
items relating to sections 1731, 1732, and 1733 and inserting
the following new item:
``1731. Critical acquisition positions.''.
(7)(A) The heading of subchapter III of chapter 87 of such
title is amended to read as follows:
``subchapter iii--critical acquisition positions''.
(B) The item relating to such subchapter in the table of
subchapters at the beginning of such chapter is amended to read
as follows:
``III. Critical Acquisition Positions....................... 1731''.
(8) Section 1723(a)(2) of such title is amended by striking
``section 1733 of this title'' and inserting ``section 1731 of
this title''.
(9) Section 1725 of such title is amended--
(A) in subsection (a)(1), by striking ``Defense
Acquisition Corps'' and inserting ``acquisition
workforce''; and
(B) in subsection (d)(2), by striking ``of the
Defense Acquisition Corps'' and inserting ``in the
acquisition workforce serving in critical acquisition
positions''.
(10) Section 1734 of such title is amended--
(A) by striking ``of the Acquisition Corps'' in
subsections (e)(1) and (h) and inserting ``of the
acquisition workforce''; and
(B) in subsection (g)--
(i) by striking ``of the Acquisition
Corps'' in the first sentence and inserting
``of the acquisition workforce'';
(ii) by striking ``of the Corps'' and
inserting ``of the acquisition workforce''; and
(iii) by striking ``of the Acquisition
Corps'' in the second sentence and inserting
``of the acquisition workforce in critical
acquisition positions''.
(11) Section 1737 of such title is amended--
(A) in subsection (a)(1), by striking ``of the
Acquisition Corps'' and inserting ``of the acquisition
workforce''; and
(B) in subsection (b), by striking ``of the Corps''
and inserting ``of the acquisition workforce''.
(12) Section 1742(a)(1) of such title is amended by
striking ``the Acquisition Corps'' and inserting ``acquisition
positions in the Department of Defense''.
(13) Section 2228(a)(4) of such title is amended by
striking ``under section 1733(b)(1)(C) of this title'' and
inserting ``under section 1731 of this title''.
(14) Section 7016(b)(5)(B) of such title is amended by
striking ``under section 1733 of this title'' and inserting
``under section 1731 of this title''.
(15) Section 8016(b)(4)(B) of such title is amended by
striking ``under section 1733 of this title'' and inserting
``under section 1731 of this title''.
(16) Section 9016(b)(4)(B) of such title is amended by
striking ``under section 1733 of this title'' and inserting
``under section 1731 of this title''.
(17) Paragraph (1) of section 317 of title 37, United
States Code, is amended to read as follows:
``(1) is a member of the acquisition workforce selected to
serve in, or serving in, a critical acquisition position
designated under section 1731 of title 10.''.
(j) Designation of Foreign Military Sales as Acquisition
Position.--Section 1721(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(13) Foreign military sales.''.
SEC. 842. PUBLIC-PRIVATE EXCHANGE PROGRAM FOR THE ACQUISITION
WORKFORCE.
(a) Public-private Exchange Program for the Acquisition
Workforce.--
(1) In general.--Subchapter IV of chapter 87 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1749. Public-private exchange program for the acquisition
workforce
``(a) Assignment Authority.--(1) The Secretary may, by rule,
establish a program to be known as the `Public-Private Exchange Program
for the Acquisition Workforce' to temporarily assign a member of the
acquisition workforce to a private-sector organization or an employee
of a private-sector organization to the Department of Defense if--
``(A) pursuant to an agreement between the Secretary, the
private-sector organization, and the individual to be
temporarily assigned described in subsection (b); and
``(B) with the consent of the individual to be temporarily
assigned.
``(2) Members of the acquisition workforce are eligible for a
temporary assignment under this section as follows:
``(A) Civilians in any of grades GS-12 through GS-15 under
the General Schedule or, for employees participating in the
demonstration project under section 1762 of this title, the
equivalent.
``(B) Members of the armed forces serving in any of pay
grades O-3 through O-6.
``(3) A private-sector organization shall not be considered to have
a conflict of interest with the Department of Defense solely because of
participation in the program established under this section.
``(b) Agreements.--(1) An agreement entered into under this section
shall include the following:
``(A) The terms and conditions of a temporary assignment.
``(B) In the case of an agreement for the temporary
assignment of a member of the acquisition workforce, a
requirement that the member of the acquisition workforce, upon
completion of the temporary assignment, will--
``(i) if a member of the armed forces, serve in the
armed forces for a period equal to twice the length of
the temporary assignment (in addition to any other
period of obligated service); or
``(ii) if a civilian, serve in the Department of
Defense, or elsewhere in the civil service if approved
by the Secretary, for a period equal to twice the
length of the temporary assignment.
``(C) A provision that if the individual to be temporarily
assigned fails to carry out the agreement, such individual
shall be liable to the United States for payment of all
expenses of the assignment, unless that failure was for good
and sufficient reason, as determined by the Secretary of
Defense.
``(D) In the case of an agreement for the temporary
assignment of a member of the acquisition workforce, language
ensuring that such member of the acquisition workforce does not
improperly use pre-decisional or draft deliberative information
that such member may be privy to or aware of related to
Department programing, budgeting, resourcing, acquisition, or
procurement for the benefit or advantage of the private-sector
organization.
``(2) An amount for which an individual is liable under paragraph
(1)(C) shall be treated as a debt due the United States.
``(3) The Secretary may waive, in whole or in part, collection of a
debt described in paragraph (2) based on a determination that the
collection would be against equity and good conscience and not in the
best interests of the United States, after taking into account any
indication of fraud, misrepresentation, fault, or lack of good faith on
the part of the individual who is liable for the debt.
``(c) Termination.--An assignment under this section may, at any
time and for any reason, be terminated by the Department of Defense or
the private-sector organization concerned.
``(d) Duration.--(1) Except as provided in paragraph (2), an
assignment under this section shall be for a period of not more than
two years, renewable up to a total of four years.
``(2) An assignment under this section may be for a period in
excess of two years, but not more than four years, if the Secretary
determines that such assignment is necessary to meet critical mission
or program requirements.
``(3) A member of the acquisition workforce may not be assigned
under this section for more than a total of four years inclusive of all
such assignments.
``(e) Status of Individuals Assigned to Private-sector
Organizations.--(1) A member of the acquisition workforce who is
assigned to a private-sector organization under this section shall be
considered, during the period of assignment, to be on detail to a
regular duty or work assignment, as applicable, in the Department for
all purposes.
``(2) In the case of a civilian member of the acquisition
workforce, the written agreement established under subsection (b)(1)--
``(A) shall address the specific terms and conditions
related to the civilian member's continued status as a Federal
employee; and
``(B) in the case of an assignment of nine months or
longer, shall provide that, if the civilian member successfully
completes the assignment (as determined by the Secretary), the
civilian member shall be eligible for consideration for
placement in a new position under programs of the Department of
Defense providing priority placement to certain employees.
``(3) With respect to an assignment of a member of the acquisition
workforce under this section, the Secretary--
``(A) may, in the case of a civilian member of the
acquisition workforce, provide for the performance, during the
member's absence, of the normal duties and functions of that
member by making a temporary or term appointment under general
civil service authorities for such appointments;
``(B) shall ensure that the normal duties and functions of
the civilian member of the acquisition workforce described in
subparagraph (A) can be reasonably performed by other personnel
of the Department of Defense without the permanent transfer or
permanent reassignment of other personnel of the Department of
Defense, including members of the armed forces;
``(C) shall ensure that the normal duties and functions of
the acquisition workforce member are not, as a result of and
during the course of such temporary assignment, performed or
augmented by contractor personnel in violation of the
provisions of section 2461 of this title; and
``(D) shall certify that the temporary assignment of the
acquisition workforce member will not have an adverse or
negative impact on mission attainment, warfighter support, or
organizational capabilities associated with the assignment.
``(f) Terms and Conditions for Private-sector Employees.--An
employee of a private-sector organization who is assigned to a
Department of Defense organization under this section--
``(1) shall continue to receive pay and benefits from the
private-sector organization from which such employee is
assigned and shall not receive pay or benefits from the
Department of Defense, except as provided in paragraph (2);
``(2) is deemed to be an employee of the Department of
Defense for the purposes of--
``(A) chapters 73 and 81 of title 5;
``(B) sections 201, 203, 205, 207, 208, 209, 603,
606, 607, 643, 654, 1905, and 1913 of title 18;
``(C) sections 1343, 1344, and 1349(b) of title 31;
``(D) the Federal Tort Claims Act and any other
Federal tort liability statute;
``(E) the Ethics in Government Act of 1978; and
``(F) chapter 21 of title 41;
``(3) shall not have access to any trade secrets or to any
other nonpublic information which is of commercial value to the
private-sector organization from which such employee is
assigned;
``(4) may perform work that is considered inherently
governmental in nature only when requested in writing by the
Secretary of Defense; and
``(5) may not be used to circumvent the provision of
section 2461 of this title nor to circumvent any limitation or
restriction on the size of the Department's workforce.
``(g) Prohibition Against Charging Certain Costs to the Federal
Government.--A private-sector organization may not charge the
Department or any other agency of the Federal Government, as direct or
indirect costs under a Federal contract, the costs of pay or benefits
paid by the organization to an employee assigned to a Department
organization under this section for the period of the assignment.
``(h) Consideration of Training Needs for Members of the
Acquisition Workforce.--In carrying out this section, the Secretary of
Defense shall take into consideration how assignments under this
section might best be used to help meet the needs of the Department of
Defense with respect to the training of members of the acquisition
workforce.
``(i) Funding; Use of Defense Acquisition Workforce Development
Fund.--Funds for the expenses for the program established under this
section shall be provided from amounts in the Department of Defense
Acquisition Workforce Development Fund. Expenses for the program
include--
``(1) notwithstanding section 1705(e)(5) of this title, the
base salary of a civilian member of the acquisition workforce
assigned to a private-sector organization under this section,
during the period of that assignment;
``(2) expenses relating to assignment under this section of
a member of the acquisition workforce away from the member's
regular duty station, including expenses for travel, per diem,
and lodging; and
``(3) expenses for the administration of the program.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``1749. Public-private exchange program for the acquisition
workforce.''.
(b) Use of Defense Acquisition Workforce Development Fund.--Section
1705(e)(1) of such title is amended by adding at the end the following
new subparagraph:
``(C) Amounts in the Fund shall be used to pay the
expenses of the Public-Private Exchange Program for the
Acquisition Workforce under section 1749 of this
title.''.
(c) Acquisition Workforce Employees Excluded From Public-private
Talent Exchange.--
(1) In general.--Section 1599g of such title is amended by
adding at the end the following new subsection:
``(i) Acquisition workforce employees.--An
employee of the Department of Defense who is
eligible for the Public-Private Exchange
Program for the Acquisition Workforce under
section 1749 of this title is not eligible for
an assignment under this section.''.
(2) Applicability.--Subsection (i) of section 1599g of
title 10, United States Code, as added by paragraph (1), shall
not apply to an employee of the Department of Defense who
entered into an agreement under that section before the date of
the enactment of this Act.
SEC. 843. INCENTIVES AND CONSIDERATION FOR QUALIFIED TRAINING PROGRAMS.
(a) In General.--
(1) Chapter 141 of title 10, United States Code, is amended
by inserting after section 2409 the following new section:
``Sec. 2409a. Incentives and consideration for qualified training
programs
``(a) Incentives.--The Secretary of Defense shall develop workforce
development investment incentives for a contractor that implements a
qualified training program to develop the workforce of the contractor
in a manner consistent with the needs of the Department of Defense.
``(b) Consideration of Qualified Training Programs.--The Secretary
of Defense shall revise the Department of Defense Supplement to the
Federal Acquisition Regulation to require that the system used by the
Federal Government to monitor or record contractor past performance
includes an analysis of the availability, quality, and effectiveness of
a qualified training program of an offeror as part of the past
performance rating of such offeror.
``(c) Qualified Training Program Defined.--The term `qualified
training program' means any of the following:
``(1) A program eligible to receive funds under the
Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.).
``(2) A program eligible to receive funds under the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2301 et seq.).
``(3) A program registered under the Act of August 16, 1937
(commonly known as the `National Apprenticeship Act'; Stat.
664, chapter 663; 29 U.S.C. 50 et seq.).
``(4) Any other program determined to be a qualified
training program for purposes of this section, and that meets
the workforce needs of the Department of Defense, as determined
by the Secretary of Defense.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2409 the following new item:
``2409a. Incentives and consideration for qualified training
programs.''.
SEC. 844. CERTIFICATION BY PROSPECTIVE MILITARY CONSTRUCTION
CONTRACTORS OF GOOD FAITH EFFORT TO UTILIZE QUALIFIED
APPRENTICES.
(a) Requirements.--Subchapter III of chapter 169 of title 10,
United States Code, is amended by adding at the end the following new
section:
``Sec. 2870. Utilization of qualified apprentices by military
construction contractors
``(a) Certification Required.--(1) The Secretary of Defense shall
require each prospective contractor on a military construction project
to certify to the Secretary that, if awarded a contract for the
project, the prospective contractor will make a good faith effort to
meet or exceed the apprenticeship employment goal on such project.
``(2) If a prospective contractor fails to certify as required by
paragraph (1), the Secretary may not determine such prospective
contractor to be a responsible contractor.
``(b) Apprenticeship Employment Goal.--
``(1) In general.--In this section, the term
`apprenticeship employment goal' means the utilization of
qualified apprentices as not less than 20 percent of the total
workforce employed in an apprenticeable occupation (as
determined by the Secretary of Labor).
``(2) Qualified apprentice.--In paragraph (1), the term
`qualified apprentice' means an employee participating in an
apprenticeship program that is registered with--
``(A) the Office of Apprenticeship of the
Employment Training Administration of the Department of
Labor pursuant to the Act of August 16, 1937 (popularly
known as the `National Apprenticeship Act'; 29 U.S.C.
50 et seq.); or
``(B) a State apprenticeship agency recognized by
such Office of Apprenticeship pursuant to such Act.
``(c) Consideration of Apprenticeship Employment Goal.--The
Secretary of Defense shall revise the Defense Supplement to the Federal
Acquisition Regulation to require that the system used by the Federal
Government to monitor or record contractor past performance includes an
analysis of whether the contractor has made a good faith effort to meet
or exceed the apprenticeship employment goal, including consideration
of actual utilization by the contractor of qualified apprentices, as
part of the past performance rating of such contractor.
``(d) Incentives.--The Secretary of Defense shall develop
incentives for prospective contractors on military construction
projects to meet or exceed the apprenticeship employment goal.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter III of chapter 169 of title 10, United States Code, is
amended by adding at the end the following new item:
``2870. Utilization of qualified apprentices by military construction
contractors.''.
(c) Applicability.--The amendments made by this section shall apply
with respect to contracts awarded on or after the date that is 180 days
after the date of the enactment of this Act.
Subtitle D--Provisions Relating to Acquisition Security
SEC. 851. SUPPLY CHAIN SECURITY OF CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT.
(a) Assessment.--The Secretary of Defense, in consultation with the
Federal Acquisition Security Council (established under section 1322 of
title 41, United States Code) and the Director of the Office of
Management and Budget, shall conduct a comprehensive assessment of--
(1) Department of Defense policies relating to covered
equipment and services;
(2) covered equipment and services acquired or to be
acquired for the Department; and
(3) systems of covered contractors to ensure the security
of the supply chains of such covered contractor.
(b) Purpose.--The assessment described in subsection (a) shall
include--
(1) an identification of instances in which the Federal
Acquisition Security Council has identified supply chain risks
(as defined in section 4713(k) of title 41, United States Code)
that are specific to the defense industrial base and other
threat assessments related to the procurement of covered
articles (as defined in such section);
(2) an identification of and suggestions for guidance on
the process of debarment and suspension (including debarment
and suspension for nonprocurement programs and activities) of
covered contractors to address supply chain risks relating to
acquisitions for the Department of Defense, including
acquisitions involving other executive agencies; and
(3) an identification of steps that could be taken to
address situations identified under paragraphs (1) and (2)
through the Interagency Suspension and Debarment Committee
established under Executive Order No. 12549 (51 Fed. Reg.
6370).
(c) Actions Following Assessment.--Not later than 180 days after
the date of the enactment of this Act, the Secretary shall, based on
the results of the assessment required by subsection (a)--
(1) issue or revise guidance to ensure any entity within
the Department of Defense that procures covered equipment and
services implements a risk-based approach with respect to such
a procurement that addresses--
(A) requirements for training personnel;
(B) the process for making sourcing decisions;
(C) with respect to a procurement of
telecommunications equipment or video surveillance
equipment, assurances relating to the traceability of
parts of such equipment;
(D) the process for reporting suspect covered
equipment and services; and
(E) corrective actions for the acquisition of
suspect covered equipment and services (including
actions to recover costs as described in subsection
(d)(2));
(2) issue or revise guidance to ensure that remedial
actions, including debarment or suspension, are taken with
respect to a covered contractor who has failed to detect and
avoid suspect covered equipment and services or otherwise
failed to exercise due diligence in the detection and avoidance
of such suspect covered equipment and services;
(3) establish a process for ensuring that a Department of
Defense employee provide a written report to the appropriate
Government authorities and the Government-Industry Data
Exchange Program (or a similar program designated by the
Secretary) not later than 60 days after such an employee
becomes aware, or has reason to suspect that--
(A) any end item, component, part, or material
contained in supplies purchased by or for the
Department contains suspect covered equipment and
services; or
(B) a covered contractor has provided suspect
covered equipment and services; and
(4) establish a process for analyzing, assessing, and
acting on reports of suspect covered equipment and services
that are submitted in accordance with paragraph (3).
(d) Regulations.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Secretary shall revise the
Department of Defense Supplement to the Federal Acquisition
Regulation to address the detection and avoidance of suspect
covered equipment and services.
(2) Contractor responsibilities.--The revised regulations
issued pursuant to paragraph (1) shall provide that--
(A) covered contractors who supply covered
equipment or services are responsible for detecting and
avoiding the use or inclusion of suspect covered
equipment or services and for any contract modification
or corrective action that may be required to remedy the
use or inclusion of such suspect covered equipment or
services; and
(B) the cost of suspect covered equipment or
services and the cost of contract modification or
corrective action that may be required to remedy the
use or inclusion of such suspect covered equipment or
services are not allowable costs under defense
contracts, unless--
(i) the covered contractor has an
operational system to detect and avoid suspect
covered equipment or services that has been
reviewed and approved by the Secretary pursuant
to subsection (e)(2)(B);
(ii) suspect covered equipment or services
were provided to the covered contractor as
Government property in accordance with part 45
of the Federal Acquisition Regulation or were
obtained by the covered contractor in
accordance with regulations described in
paragraph (3); and
(iii) the covered contractor discovers the
suspect covered equipment or services and
provides timely notice to the Government
pursuant to paragraph (4).
(3) Requirements for suppliers.--The revised regulations
issued pursuant to paragraph (1) shall--
(A) require that covered contractors obtain covered
equipment or services--
(i) from the original manufacturers of the
equipment or their authorized dealers, or from
suppliers that meet requirements of
subparagraph (C) or (D) and, with respect to
suppliers of telecommunications equipment or
video surveillance equipment, that obtain such
equipment exclusively from the original
manufacturers of the parts of such equipment or
their authorized dealers; and
(ii) that are not in production or
currently available in stock from suppliers
that meet requirements of subparagraph (C) or
(D);
(B) establish requirements for notification of the
Department, and for inspection, testing, and
authentication of covered equipment and services that
covered contractor obtains from an alternate supplier;
(C) establish qualification requirements,
consistent with the requirements of section 2319 of
title 10, United States Code, pursuant to which the
Secretary may identify suppliers that have appropriate
policies and procedures in place to detect and avoid
suspect covered equipment and services; and
(D) authorize covered contractors to identify and
use suppliers that meet qualification requirements,
provided that--
(i) the standards and processes for
identifying such suppliers comply with
established industry standards; and
(ii) the selection of such suppliers is
subject to review, audit, and approval by
appropriate Department of Defense officials.
(4) Reporting requirement.--The revised regulations issued
pursuant to paragraph (1) shall require that any covered
contractor provide a written report to the appropriate
Government authorities and the Government-Industry Data
Exchange Program (or a similar program designated by the
Secretary) not later than 60 days after such covered contractor
becomes aware, or has reason to suspect that--
(A) any end item, component, part, or material
contained in supplies purchased by or for the
Department contains suspect covered equipment and
services; or
(B) a supplier of a covered contractor has provided
suspect covered equipment and services.
(e) Improvement of Contractor Systems for Detection and Avoidance
of Suspect Covered Equipment and Services.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Secretary shall implement a
program to enhance the detection and avoidance of the
acquisition of suspect covered equipment and services by
covered contractors.
(2) Elements.--The program implemented pursuant to
paragraph (1) shall--
(A) require covered contractors to establish
policies and procedures to eliminate suspect covered
equipment and services from the defense supply chain,
which policies and procedures shall address--
(i) the training of personnel; and
(ii) with respect to a procurement of
telecommunications equipment or video
surveillance equipment, the inspection and
testing of related materials and mechanisms to
enable traceability of parts of such equipment;
and
(B) establish processes for the review and approval
of contractor systems for the detection and avoidance
of the acquisition of suspect covered equipment and
services by covered contractors, which processes shall
be comparable to the processes established for
contractor business systems under section 893 of the
Ike Skelton National Defense Authorization Act for
Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4311;
10 U.S.C. 2302 note).
(f) Rule of Construction.--Nothing in this section shall be
construed to prohibit the Secretary from entering into a contract with
a covered contractor to provide a service that connects to the
facilities of a third party, such as backhaul, roaming, or
interconnection arrangements.
(g) Report to Congress.--Not later than 180 days after completing
the assessment required under subsection (a), the Secretary shall
submit to the congressional defense committees a report on the results
of the assessment and the actions taken following the assessment
pursuant to subsection (c).
(h) Definitions.--In this section:
(1) Covered equipment and services.--The term ``covered
equipment and services'' means telecommunications equipment,
telecommunications services, video surveillance equipment, and
video surveillance services manufactured or controlled by an
entity for which the principal place of business of such entity
is located in foreign country that is an adversary of the
United States, but does not include telecommunications
equipment or video surveillance equipment (other than optical
transmission components) that cannot route or redirect user
data traffic or permit visibility into any user data or packets
that such equipment transmits or otherwise handles.
(2) Covered contractor.--The term ``covered contractor''
means a contractor or subcontractor (at any tier) that supplies
covered equipment and services to the Department of Defense.
(3) Executive agency.--The term ``executive agency'' has
the meaning given in section 133 of title 41, United States
Code.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Defense.
(5) Suspect covered equipment and services.--The term
``suspect covered equipment and services'' means covered
equipment and services that is from any source, or that is a
covered article, subject to an exclusion order or removal order
under section 1323(c) of title 41, United States Code.
SEC. 852. ASSURED SECURITY AGAINST INTRUSION ON UNITED STATES MILITARY
NETWORKS.
(a) Prohibition.--Except as provided in this section, the Secretary
of Defense shall only award contracts for the procurement of
telecommunications equipment and services for national security
installations in territories of the United States located in the
Pacific Ocean to allowed contractors.
(b) Exception.--Subsection (a) shall not apply to contracts for the
procurement of telecommunications equipment and services that--
(1) do not process or carry any information about the
operations of the Armed Forces of the United States or
otherwise concern the national security of the United States;
or
(2) cannot route or redirect user data traffic or permit
visibility into any user data or packets that such services or
facilities transmit or otherwise handle.
(c) Waiver.--The Secretary of Defense may waive the restriction of
subsection (a) upon a written determination that such a waiver is in
the national security interests of the United States and either--
(1) a contractor that is not an allowed contractor would
not have the ability to track, record, listen, or otherwise
access data or voice communications of the Department of
Defense through the provision of the telecommunications
equipment or services; or
(2) a qualified allowed contractor is not available to
perform the contract at a fair and reasonable price.
(d) Definitions.--In this section:
(1) Allowed contractor.--The term ``allowed contractor''
means an entity (including any affiliates or subsidiaries) that
is a contractor or subcontractor (at any tier)--
(A) for which the principal place of business of
such entity is located in the United States or in a
foreign country that is not an adversary of the United
States; and
(B) that does not have significant connections,
including ownership interests in, or joint ventures
with, any entity identified in paragraph (f)(3) of
section 889 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-
232; 132 Stat. 1918; 41 U.S.C. 3901 note).
(2) National security installation.--The term ``national
security installation'' means any facility operated by the
Department of Defense.
SEC. 853. REVISED AUTHORITIES TO DEFEAT ADVERSARY EFFORTS TO COMPROMISE
UNITED STATES DEFENSE CAPABILITIES.
(a) Sense of Congress.--Congress finds that to comprehensively
address the supply chain vulnerabilities of the Department of Defense,
defense contractors must be incentivized to prioritize security in a
manner which exceeds basic compliance with mitigation practices
relating to cybersecurity risk and supply chain security standards.
Defense contractors can no longer pass unknown risks on to the
Department of Defense but should be provided with the tools to meet the
needs of the Department with respect to cybersecurity risk and supply
chain security. Incentives for defense contractors will help stimulate
efforts within the defense industrial base to minimize vulnerabilities
in hardware, software, and supply chain services. The Department of
Defense must develop policies and regulations that move security from a
cost that defense contractors seek to minimize to a key consideration
in the award of contracts, equal in importance to cost, schedule, and
performance. The Department of Defense must also develop policies to
assist small- and medium-sized manufacturers that provide goods or
services in the supply chain for the Department to adopt robust
cybersecurity standards.
(b) Inclusion of Security as Primary Purpose for the Department of
Defense Acquisition.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall the
revise the statement of purpose in the Defense Federal
Acquisition Regulation Supplement added by section 801(3) of
the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 1449; U.S.C. 2302 note) to
include the security of goods acquired by the Department of
Defense as one of the primary objectives of Department of
Defense acquisition. The Secretary shall revise applicable
Department of Defense Instructions, regulations, and directives
to implement the inclusion of security as a primary purpose of
Department of Defense acquisition.
(2) Congressional notification.--The Secretary shall submit
to the congressional defense committees--
(A) not later than 60 days before issuing the
revisions described in paragraph (1), the proposed
revisions; and
(B) not later than 180 days after the date of the
enactment of this Act, recommendations for legislative
action to implement the revisions described in this
subsection.
(3) Consultation.--The Secretary of Defense shall consult
with the Director of the Hollings Manufacturing Extension
Partnership (established under section 25 of the National
Institute of Standards and Technology Act (15 U.S.C. 278k)) to
provide education, guidance, and technical assistance to
strengthen the cybersecurity of small- and medium-sized
manufacturers that provide goods or services in the supply
chain for the Department of Defense.
(c) Certification of Risk.--
(1) In general.--Before making a milestone decision with
respect to a major defense acquisition program (as defined
under section 2430 of title 10, United States Code), a major
automated information system, or major system (as defined under
section 2302d of title 10, United States Code), the vice chief
of the Armed Force concerned shall issue a written assessment
to the Vice Chief of the Joint Chiefs of Staff and the head of
the Defense Acquisition Board stating the determination made by
the vice chief of the armed force concerned of the risk to the
supply chain associated with the procurement. Such assessment
shall include--
(A) a description of actions taken to mitigate
potential vulnerabilities associated with the
procurement; and
(B) a certification from the Secretary of the
military department concerned or the Vice Chief of the
Joint Chief of Staff (as appropriate) that the
procurement will not interfere with the operations of
the military department conducting the procurement.
(2) Availability to the congressional defense committees.--
Upon request, the vice chief of the Armed Force concerned shall
make available to the congressional defense committees a
certification required under paragraph (1), along with the data
on which such certification is based, not later than 15 days
after the submission of a request.
(d) Disputes Relating to Acquisitions Decisions.--The Under
Secretary of Defense for Intelligence, the Vice Chairman of the Joint
Chiefs of Staff, the Vice Chief of Staff of the Army, the Vice Chief of
Naval Operations, the Vice Chief of Staff of the Air Force, and the
Assistant Commandant of the Marine Corps shall each have the authority
to submit to the Secretary of Defense a written statement of dispute
relating to a decision made by the Defense Acquisition Board with
respect to an acquisition. A dispute submitted under this subsection
shall include any reason why the decision fails to effectively address
concerns regarding the item to be acquired.
SEC. 854. PROHIBITION ON OPERATION OR PROCUREMENT OF FOREIGN-MADE
UNMANNED AIRCRAFT SYSTEMS.
(a) Prohibition on Agency Operation or Procurement.--The Secretary
of Defense may not operate or enter into or renew a contract for the
procurement of--
(1) a covered unmanned aircraft system that--
(A) is manufactured in a covered foreign country or
by an entity domiciled in a covered foreign country;
(B) uses flight controllers, radios, data
transmission devices, cameras, or gimbals manufactured
in a covered foreign country or by an entity domiciled
in a covered foreign country;
(C) uses a ground control system or operating
software developed in a covered foreign country or by
an entity domiciled in a covered foreign country; or
(D) uses network connectivity or data storage
located in or administered by an entity domiciled in a
covered foreign country; or
(2) a system manufactured in a covered foreign country or
by an entity domiciled in a covered foreign country for the
detection or identification of covered unmanned aircraft
systems.
(b) Waiver.--The Secretary of Defense may waive the restriction
under subsection (a) on a case by case basis by certifying in writing
to the congressional defense committees that--
(1) the operation or procurement is required in the
national interest of the United States;
(2) counter-UAS surrogate testing and training; or
(3) intelligence, electronic warfare, and information
warfare operations, testing, analysis, and training.
(c) Definitions.--In this section:
(1) Covered foreign country.--The term ``covered foreign
country'' means a country labeled as a strategic competitor in
the ``Summary of the 2018 National Defense Strategy of the
United States of America: Sharpening the American Military's
Competitive Edge'' issued by the Department of Defense pursuant
to section 113 of title 10, United States Code.
(2) Covered unmanned aircraft system.--The term ``covered
unmanned aircraft system'' means an unmanned aircraft system
and any related services and equipment.
SEC. 855. SUPPLY CHAIN RISK MITIGATION POLICIES TO BE IMPLEMENTED
THROUGH REQUIREMENTS GENERATION PROCESS.
(a) Process for Enhanced Supply Chain Scrutiny.--Section 807(b) of
the National Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 131 Stat. 1456; 10 U.S.C. 2302 note) is amended--
(1) by redesignating paragraphs (5) through (9) as
paragraphs (6) through (10), respectively; and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) Development of tools for implementing supply chain
risk management policies during the generation of requirements
for a contract.''.
(b) Technical Amendment.--Subsection (a) of such section is amended
by striking ``Not later than'' and all that follows through ``the
Secretary'' and inserting ``The Secretary''.
(c) Effective Date.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall revise the
process established under section 807 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C.
2302 note) to carry out the requirements of this section.
Subtitle E--Provisions Relating to the Acquisition System
SEC. 861. MODIFICATIONS TO THE DEFENSE ACQUISITION SYSTEM.
(a) Guidance, Reports, and Limitation on the Availability of Funds
Relating to Covered Defense Business Systems.--
(1) Amendments to guidance for covered defense business
systems.--Section 2222(d) of title 10, United States Code, is
amended--
(A) in the matter preceding paragraph (1), by
striking ``subsection (c)(1)'' and inserting
``subsection (c)''; and
(B) by adding at the end the following new
paragraphs:
``(7) Policy to ensure a covered defense business system is
in compliance with the Department's auditability requirements.
``(8) Policy to ensure approvals required for the
development of a covered defense business system.''.
(2) Reports.--
(A) Guidance.--The Secretary of Defense shall
submit to the congressional defense committees (as
defined in section 101(a)(16) of title 10, United
States Code) a report--
(i) not later than December 31, 2019, that
includes the guidance required under paragraph
(1) of section 2222(c) of title 10, United
States Code; and
(ii) not later than March 31, 2020, that
includes the guidance required under paragraph
(2) of such section.
(B) Information technology enterprise
architecture.--Not later than December 31, 2019, the
Chief Information Officer of the Department of Defense
shall submit to the congressional defense committees
the information technology enterprise architecture
developed under section 2222(e)(4)(B) of title 10,
United States Code, which shall include the plan for
improving the information technology and computing
infrastructure described in such section and a schedule
for implementing the plan.
(C) Defense business enterprise architecture.--Not
later than March 31, 2020, the Chief Management Officer
of the Department of Defense and the Chief Information
Officer of the Department of Defense shall jointly
submit to the congressional defense committees a plan
and schedule for integrating the defense business
enterprise architecture developed under subsection (e)
of section 2222 of title 10, United States Code, into
the information technology enterprise architecture, as
required under paragraph (4)(A) of such subsection.
(3) Limitation.--
(A) Of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year
2020 for the Department of Defense, not more than 75
percent may be obligated or expended for the Office of
the Secretary of Defense after December 31, 2019, until
the date on which the Secretary of Defense submits the
report required under subsection (b)(1)(A).
(B) Of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year
2020 for the Department of Defense, not more than 75
percent may be obligated or expended for the Office of
the Deputy Chief Management Officer, the Office of the
Under Secretary of Defense for Acquisition and
Sustainment, the Office of the Chief Information
Officer, and the Office of the Chief Management Officer
after March 31, 2020, until the date on which the
Secretary of Defense submits the report required under
subsection (b)(1)(B).
(C) Of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year
2020 for the Department of Defense, not more than 75
percent may be obligated or expended for the Office of
the Chief Information Officer after December 31, 2019,
until the date on which the Secretary of Defense
submits the report required under subsection (b)(2).
(D) Of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year
2020 for the Department of Defense, not more than 75
percent may be obligated or expended for the Office of
the Chief Management Officer and the Office of the
Chief Information Officer after March 31, 2020, until
the date on which the Secretary of Defense submits the
report required under subsection (b)(3).
(b) Pilot Program on Data Rights as an Evaluation Factor.--
(1) Pilot program.--Not later than February 1, 2020, the
Secretary of Defense and the Secretaries of the military
departments shall jointly carry out a pilot program to assess
mechanisms to evaluate intellectual property to include
technical data deliverables, associated license rights, and
commercially available intellectual property valuation analysis
and techniques in major defense acquisition programs (as
defined in section 2430 of title 10, United States Code)
selected pursuant to subsection (b) to ensure--
(A) the development of cost-effective intellectual
property strategies; and
(B) assessment and management of the value and
costs of intellectual property during acquisition and
sustainment activities throughout the life cycle of a
weapon system for each selected major defense
acquisition program.
(2) Selection of major defense acquisition programs.--Each
Secretary of a military department shall select one major
defense acquisition program for which such Secretary has
responsibility to include in the pilot program established
under subsection (a).
(3) Cadre of intellectual property experts.--At Milestone A
and Milestone B for each major defense acquisition program
selected pursuant to subsection (b), the cadre of intellectual
property experts established under section 2322(b) of title 10,
United States Code, shall identify, to the maximum extent
practicable, intellectual property evaluation techniques to
obtain quantitative and qualitative analysis related to the
value of intellectual property rights during the procurement,
production, deployment, operations, and support phases of the
acquisition of each such major defense acquisition program.
(4) Activities.--The pilot program established under this
section shall include the following:
(A) Assessment of commercial valuation techniques
for intellectual property rights for use by the
Department of Defense.
(B) Assessment of feasibility of oversight by the
Secretary of Defense to standardize practices and
procedures.
(C) Assessment of contracting mechanisms to
increase the speed of delivery of intellectual property
to the Armed Forces or to reduce sustainment costs.
(D) Assessment of acquisition planning necessary to
ensure procurement of intellectual property
deliverables and intellectual property rights necessary
for Government-planned sustainment activities.
(E) Engagement with private-sector entities to--
(i) support the development of strategies
and program requirements to aid in acquisition
and transition planning for intellectual
property;
(ii) support the development and
improvement of intellectual property strategies
as part of life-cycle sustainment plans and
valuation techniques for the costs of
intellectual property rights as part of life-
cycle costs; and
(iii) propose and implement alternative and
innovative methods of intellectual property
valuation, prioritization, and evaluation
techniques for intellectual property.
(F) Recommendations to the program manager for a
major defense acquisition program selected pursuant to
subsection (b) such evaluation techniques and
contracting mechanisms for implementation into the
acquisition and sustainment activities of that major
defense acquisition program.
(5) Assessment.--Not later than February 1, 2021, and
annually thereafter until the termination date of the pilot
program, the Secretary of Defense shall submit to the
congressional defense committees a report on the pilot program
established under subsection (a). The report shall include--
(A) a description of the major defense acquisition
programs selected pursuant to subsection (b);
(B) a description of the specific activities in
subsection (d) that were performed with respect to each
major defense acquisition program selected pursuant to
subsection (b);
(C) an assessment of the effectiveness of such
activities;
(D) an assessment of improvements to acquisition or
sustainment activities related to the pilot program;
and
(E) an assessment of cost savings from the
activities related to the pilot program, including any
improvement to mission success during the operations
and support phase of a major defense acquisition
program selected pursuant to subsection (b).
(6) Termination.--The authority to carry out the pilot
program under this section shall expire on September 30, 2026.
(c) Report and Limitation on Availability of Funds Relating to
Modular Open System Approach for Major Defense Acquisition Programs.--
(1) Study guidance for analyses of alternatives for major
defense acquisition programs.--
(A) Report.--Not later than December 31, 2019, the
Secretary of Defense, acting through the Director of
Cost Assessment and Performance Evaluation, shall
submit to the congressional defense committees a report
that includes the study guidance required under section
2446b(b) of title 10, United States Code.
(B) Limitation.--Of the funds authorized to be
appropriated by this Act or otherwise made available
for fiscal year 2020 for the Department of Defense, not
more than 75 percent may be obligated or expended for
the Office of the Director of Cost Assessment and
Performance Evaluation after December 31, 2019, until
the date on which the Secretary of Defense submits the
report required under paragraph (1).
(2) Policy relating to availability of major system
interfaces and support for modular open system approach.--
(A) In general.--Section 2446c of title 10, United
States Code, is amended--
(i) in the matter preceding paragraph (1),
by striking ``shall--'' and inserting ``develop
policy on the support for the acquisition for
modular open system approaches. This policy
shall--''; and
(ii) in subsection (a)(1), as so
designated, by striking ``coordinate'' and
inserting ``ensure coordination''.
(B) Report.--Not later than December 31, 2019, the
Secretary of each military department shall submit to
the congressional defense committees a report that
includes the policy required under section 2446c of
title 10, United States Code, as amended by paragraph
(1).
(C) Limitation.--Beginning on January 1, 2020, if
any report required under paragraph (2) has not been
submitted to the congressional defense committees, not
more than 75 percent of the funds specified in
paragraph (4) may be obligated or expended until the
date on which all of the reports required under
paragraph (2) have been submitted.
(D) Funds specified.--The funds specified in this
paragraph are funds made available for fiscal year 2020
for the Department of Defense for any of the Offices of
the Secretaries of the military departments that remain
unobligated as of January 1, 2020.
(d) Report on Intellectual Property Policy and the Cadre of
Intellectual Property Experts.--
(1) In general.--Section 802 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131
Stat. 1450) is amended by adding at the end the following new
subsection:
``(c) Report.--Not later than October 1, 2019, the Secretary of
Defense, acting through the Under Secretary of Defense for Acquisition
and Sustainment, shall submit to the congressional defense committees a
report that includes--
``(1) the policy required in subsection (a) of section 2322
of title 10, United States Code;
``(2) an identification of each member of the cadre of
intellectual property experts required in subsection (b) of
such section and the office to which such member; and
``(3) a description of the leadership structure and the
office that will manage the cadre of intellectual property
experts.''.
(2) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020
for the Department of Defense, not more than 75 percent may be
obligated or expended for the Defense Acquisition Workforce
Development Fund until the date on which the Secretary of
Defense submits the report required under subsection (c) of
section 802 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1450), as added
by this section.
(e) Limitation on Availability of Funds for the Office of the Chief
Management Officer of the Department of Defense.--Of the funds
authorized to be appropriated or otherwise made available for fiscal
year 2020 for the Department of Defense, not more than 75 percent may
be obligated or expended for the Office of the Chief Management Officer
until the date on which the Chief Management Officer submits to the
congressional defense committees--
(1) the certification of cost savings described in
subparagraph (A) of section 921(b)(5) of the National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10
U.S.C. 2222 note); or
(2) the notice and justification described in subparagraph
(B) of such section.
(f) Report and Limitation on the Availability of Funds Relating to
the ``Middle Tier'' of Acquisition Programs.--
(1) Report.--Not later than December 15, 2019, the Under
Secretary of Defense for Acquisition and Sustainment shall
submit to the congressional defense committees a report that
includes the guidance required under section 804(a) of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92; 10 U.S.C. 2302 note). The Under Secretary of
Defense for Acquisition and Sustainment will ensure such
guidance includes the business case elements required by an
acquisition program established pursuant to such guidance and
the metrics required to assess the performance of such a
program.
(2) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020
for the Department of Defense, not more than 75 percent may be
obligated or expended for an acquisition program established
pursuant to the guidance required under section 804(a) of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92; 10 U.S.C. 2302 note) after December 15, 2019, and
no such acquisition program may be conducted under the
authority provided by such section after December 15, 2019,
until the Under Secretary of Defense for Acquisition and
Sustainment submits the report required under subsection (a).
(g) Defense Acquisition Workforce Certification and Education
Requirements.--
(1) Professional certification requirement.--
(A) Professional certification required for all
acquisition workforce personnel.--Section 1701a of
title 10, United States Code, is amended--
(i) by redesignating subsections (c) and
(d) as subsections (d) and (e), respectively;
and
(ii) by inserting after subsection (b) the
following new subsection (c):
``(c) Professional Certification.--
``(1) The Secretary of Defense shall implement a
certification program to provide for a professional
certification requirement for all members of the acquisition
workforce. Except as provided in paragraph (2), the
certification requirement for any acquisition workforce career
field shall be based on standards under a third-party
accredited program based on nationally or internationally
recognized standards.
``(2) If the Secretary determines that, for a particular
acquisition workforce career field, a third-party accredited
program based on nationally or internationally recognized
standards does not exist, the Secretary shall establish the
certification requirement for that career field that conforms
with the practices of national or international accrediting
bodies. The certification requirement for any such career field
shall be implemented using the best approach determined by the
Secretary for meeting the certification requirement for that
career field, including implementation through entities outside
the Department of Defense and may be designed and implemented
without regard to section 1746 of this title.''.
(B) Performance management.--Subsection (b) of such
section is amended--
(i) in paragraph (5), by striking
``encourage'' and inserting ``direct''; and
(ii) in paragraph (6), by inserting ``and
consequences'' after ``warnings''.
(C) Participation in professional associations.--
Subsection (b) of such section is further amended--
(i) by redesignating paragraphs (6), (7),
(8), and (9) as paragraphs (7), (8), (9), and
(10), respectively; and
(ii) by inserting after paragraph (5) the
following new paragraph (6):
``(6) authorize members of the acquisition workforce to
participate in professional associations, consistent with their
individual performance plans, linked to both professional
development and opportunities to gain leadership and management
skills;''.
(D) General education, training, and experience
requirements.--Section 1723 of such title is amended--
(i) in subsection (a)(3), by striking the
second sentence; and
(ii) in subsection (b)(1), by striking
``encourage'' and inserting ``require''.
(E) Effective date.--The Secretary of Defense shall
implement procedures to institute the program required
by subsection (c) of section 1701a of title 10, United
States Code, as added by paragraph (1), not later than
180 days after the date of the enactment of this Act.
(2) Elimination of statutory requirement for completion of
24 semester credit hours.--
(A) Qualification requirements for contracting
positions.--Section 1724 of title 10, United States
Code, is amended--
(i) in subsection (a)(3)--
(I) by striking ``(A)'' after
``(3)''; and
(II) by striking ``, and (B)'' and
all that follows through ``and
management''; and
(ii) in subsection (b), by striking
``requirements'' in the first sentences of
paragraphs (1) and (2) and inserting
``requirement'';
(iii) in subsection (e)(2)--
(I) by striking ``shall have--''
and all that follows through ``been
awarded'' and inserting ``shall have
been awarded'';
(II) by striking ``; or'' and
inserting a period; and
(III) by striking subparagraph (B);
and
(iv) in subsection (f), by striking ``,
including--'' and all that follows and
inserting a period.
(B) Selection criteria and procedures.--Section
1732 of such title is amended--
(i) in subsection (b)(1)--
(I) by striking ``Such
requirements,'' and all the follows
through ``the person--'' and inserting
``Such requirements shall include a
requirement that the person--'';
(II) by striking subparagraph (B);
and
(III) by redesignating clauses (i)
and (ii) as subparagraphs (A) and (B),
respectively, and realigning those
subparagraphs so as to be 4 ems from
the margin; and
(ii) in subsection (c), by striking
``requirements of subsections (b)(1)(A) and
(b)(1)(B)'' in paragraphs (1) and (2) and
inserting ``requirement of subsection (b)(1)''.
(3) Defense acquisition university.--Section 1746 of title
10, United States Code, is amended--
(A) in subsection (b)(1), by adding at the end the
following new sentence: ``At least 25 percent of such
civilian instructors shall be visiting professors from
civilian colleges or universities.''; and
(B) in subsection (c), by inserting ``, and with
commercial training providers,'' after ``military
departments''.
(h) Enhancing Defense Acquisition Workforce Career Fields.--
(1) Career paths.--
(A) Career path required for each acquisition
workforce career field.--Paragraph (4) of section
1701a(b) of title 10, United States Code, is amended to
read as follows:
``(4) develop and implement a career path, as described in
section 1722(a) of this title, for each career field designated
by the Secretary under section 1721(a) of this title as an
acquisition workforce career field;''.
(B) Conforming amendments.--Section 1722(a) of such
title is amended--
(i) by striking ``appropriate career
paths'' and inserting ``an appropriate career
path''; and
(ii) by striking ``are identified'' and
inserting ``is identified for each acquisition
workforce career field''.
(C) Deadline for implementation of career paths.--
The implementation of a career path for each
acquisition workforce career field required by
paragraph (4) of section 1701a(b) of title 10, United
States Code (as amended by paragraph (1)), shall be
completed by the Secretary of Defense not later than
the end of the two-year period beginning on the date of
the enactment of this Act.
(2) Career fields.--
(A) Designation of acquisition workforce career
fields.--Section 1721(a) of such title is amended by
adding at the end the following new sentence: ``The
Secretary shall also designate in regulations those
career fields in the Department of Defense that are
acquisition workforce career fields for purposes of
this chapter.''.
(B) Clerical amendments.--(i) The heading of such
section is amended to read as follows:
``Sec. 1721. Designation of acquisition positions and acquisition
workforce career fields''.
(ii) The item relating to such section in
the table of sections at the beginning of
subchapter II of chapter 87 of such title is
amended to read as follows:
``1721. Designation of acquisition positions and acquisition workforce
career fields.''.
(C)(i) The heading of subchapter II of chapter 87
of such title is amended to read as follows:
``subchapter ii--acquisition positions and acquisition workforce
career fields''.
(ii) The item relating to such subchapter in the
table of subchapters at the beginning of such chapter
is amended to read as follows:
``II. Acquisition Positions And Acquisition Workforce Career 1721''.
Fields.
(D) Deadline for designation of career fields.--The
designation of acquisition workforce career fields
required by the second sentence of section 1721(a) of
title 10, United States Code (as added by paragraph
(1)), shall be made by the Secretary of Defense not
later than the end of the six-month period beginning on
the date of the enactment of this Act.
(3) Key work experiences.--
(A) Development of key work experiences for each
acquisition workforce career field.--Section 1722b of
such title is amended by adding at the end the
following new subsection:
``(c) Key Work Experiences.--In carrying out subsection (b)(2), the
Secretary shall ensure that key work experiences, in the form of
multidiscipline training, are developed for each acquisition workforce
career field.''.
(B) Plan for implementation of key work
experiences.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a
plan identifying the specific actions the Department of
Defense has taken, and is planning to take, to develop
and establish key work experiences for each acquisition
workforce career field as required by subsection (c) of
section 1722b of title 10, United States Code, as added
by paragraph (1). The plan shall include specification
of the percentage of the acquisition workforce, or
funds available for administration of the acquisition
workforce on an annual basis, that the Secretary will
dedicate towards developing such key work experiences.
(4) Applicability of career path requirements to all
members of acquisition workforce.--Section 1723(b) of such
title is amended by striking ``the critical acquisition-
related''.
(5) Competency development.--
(A) In general.--(i) Subchapter V of chapter 87 of
such title is amended by adding at the end the
following new section:
``Sec. 1765. Competency development
``For each acquisition workforce career field, the Secretary of
Defense shall establish, for the civilian personnel in that career
field, defined proficiency standards and technical and nontechnical
competencies which shall be used in personnel qualification
assessments.''.
(ii) The table of sections at the beginning of such
subchapter II is amended by adding at the end the
following new item:
``1765. Competency development.''.
(B) Deadline for implementation.--The establishment
of defined proficiency standards and technical and
nontechnical competencies required by section 1765 of
title 10, United States Code (as added by paragraph
(1)), shall be made by the Secretary of Defense not
later than the end of the two-year period beginning on
the date of the enactment of this Act.
(6) Termination of defense acquisition corps.--
(A) The Acquisition Corps for the Department of
Defense referred to in section 1731(a) of title 10,
United States Code, is terminated.
(B) Section 1733 of title 10, United States Code,
is amended--
(i) by striking subsection (a); and
(ii) by redesignating subsection (b) as
subsection (a).
(C) Subsection (b) of section 1731 of such title is
transferred to the end of section 1733 of such title,
as amended by paragraph (2), and amended--
(i) by striking ``Acquisition Corps'' in
the heading and inserting ``the Acquisition
Workforce''; and
(ii) by striking ``selected for the
Acquisition Corps'' and inserting ``in the
acquisition workforce''.
(D) Subsection (e) of section 1732 of such title is
transferred to the end of section 1733 of such title,
as amended by paragraphs (2) and (3), redesignated as
subsection (c), and amended--
(i) by striking ``in the Acquisition
Corps'' in paragraphs (1) and (2) and inserting
``in critical acquisition positions''; and
(ii) by striking ``serving in the Corps''
in paragraph (2) and inserting ``employment''.
(E) Sections 1731 and 1732 of such title are
repealed.
(F)(i) Section 1733 of such title, as amended by
paragraphs (2), (3), and (4), is redesignated as
section 1731.
(ii) The table of sections at the beginning of
subchapter III of chapter 87 of such title is amended
by striking the items relating to sections 1731, 1732,
and 1733 and inserting the following new item:
``1731. Critical acquisition positions.''.
(G)(i) The heading of subchapter III of chapter 87
of such title is amended to read as follows:
``subchapter iii--critical acquisition positions''.
(ii) The item relating to such subchapter in the
table of subchapters at the beginning of such chapter
is amended to read as follows:
``III. Critical Acquisition Positions....................... 1731''.
(H) Section 1723(a)(2) of such title is amended by
striking ``section 1733 of this title'' and inserting
``section 1731 of this title''.
(I) Section 1725 of such title is amended--
(i) in subsection (a)(1), by striking
``Defense Acquisition Corps'' and inserting
``acquisition workforce''; and
(ii) in subsection (d)(2), by striking ``of
the Defense Acquisition Corps'' and inserting
``in the acquisition workforce serving in
critical acquisition positions''.
(J) Section 1734 of such title is amended--
(i) by striking ``of the Acquisition
Corps'' in subsections (e)(1) and (h) and
inserting ``of the acquisition workforce''; and
(ii) in subsection (g)--
(I) by striking ``of the
Acquisition Corps'' in the first
sentence and inserting ``of the
acquisition workforce'';
(II) by striking ``of the Corps''
and inserting ``of the acquisition
workforce''; and
(III) by striking ``of the
Acquisition Corps'' in the second
sentence and inserting ``of the
acquisition workforce in critical
acquisition positions''.
(K) Section 1737 of such title is amended--
(i) in subsection (a)(1), by striking ``of
the Acquisition Corps'' and inserting ``of the
acquisition workforce''; and
(ii) in subsection (b), by striking ``of
the Corps'' and inserting ``of the acquisition
workforce''.
(L) Section 1742(a)(1) of such title is amended by
striking ``the Acquisition Corps'' and inserting
``acquisition positions in the Department of Defense''.
(M) Section 2228(a)(4) of such title is amended by
striking ``under section 1733(b)(1)(C) of this title''
and inserting ``under section 1731 of this title''.
(N) Section 7016(b)(5)(B) of such title is amended
by striking ``under section 1733 of this title'' and
inserting ``under section 1731 of this title''.
(O) Section 8016(b)(4)(B) of such title is amended
by striking ``under section 1733 of this title'' and
inserting ``under section 1731 of this title''.
(P) Section 9016(b)(4)(B) of such title is amended
by striking ``under section 1733 of this title'' and
inserting ``under section 1731 of this title''.
(Q) Paragraph (1) of section 317 of title 37,
United States Code, is amended to read as follows:
``(1) is a member of the acquisition workforce selected to
serve in, or serving in, a critical acquisition position
designated under section 1731 of title 10.''.
(i) Establishment of Defense Civilian Acquisition Training Corps.--
(1) In general.--Part III of subtitle A of title 10, United
States Code, is amended by inserting after chapter 112 the
following new chapter:
``CHAPTER 113--DEFENSE CIVILIAN ACQUISITION TRAINING CORPS
``2200n. Establishment.
``2200o. Program elements.
``2200p. Model authorities.
``2200q. Definitions.
``Sec. 2200n. Establishment
``For the purposes of preparing selected students for public
service in Department of Defense occupations relating to acquisition,
science, and engineering, the Secretary of Defense shall establish and
maintain a Defense Civilian Acquisition Training Corps program,
organized into one or more units, at civilian institutions of higher
education offering a program leading to a baccalaureate degree.
``Sec. 2200o. Program elements
``In establishing the program, the Secretary of Defense shall
determine the following:
``(1) Criteria for an institution of higher education to
participate in the program.
``(2) The eligibility of a student to join the program.
``(3) Criteria required for a member of the program to
receive financial assistance.
``(4) The term of service required for a member of the
program to receive financial assistance.
``(5) Criteria required for a member of the program to be
released from a term of service.
``(6) The method by which a successful graduate of the
program may gain immediate employment in the Department of
Defense.
``(7) Resources required for implementation of the program.
``(8) A methodology to identify and target critical skills
gaps in Department of Defense occupations relating to
acquisition, science, and engineering.
``(9) A mechanism to track the success of the program in
eliminating the identified critical skills gap.
``Sec. 2200p. Model authorities
``In making determinations under section 2200o of this title, the
Secretary of Defense shall use the authorities under chapters 103 and
111 of this title as guides.
``Sec. 2200q. Definitions
``In this chapter:
``(1) The term `program' means the Defense Civilian
Acquisition Training Corps of the Department of Defense.
``(2) The term `member of the program' means a student at
an institution of higher learning who is enrolled in the
program.
``(3) The term `institution of higher education' has the
meaning given that term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).''.
(2) Implementation timeline.--
(A) Initial implementation.--Not later than
December 31, 2019, the Secretary of Defense shall
submit to the congressional defense committees a plan
and schedule that implements the program at one
institution of higher learning not later than August 1,
2020. The plan shall include recommendations regarding
any legislative changes required for effective
implementation of the program.
(B) Expansion.--Not later than December 31, 2020,
the Secretary of Defense shall submit to the
congressional defense committees an expansion plan and
schedule to expand the program to five locations not
later than by August 1, 2021.
(C) Full implementation.--Not later than December
31, 2021, the Secretary of Defense shall submit to the
congressional defense committees a full implementation
plan and schedule to expand the program to at least 20
locations with not fewer than 400 members in the
program not later than August 1, 2022.
(j) Clarifying the Roles and Responsibilities of the Under
Secretary of Defense for Acquisition and Sustainment and the Under
Secretary of Defense for Research and Engineering.--The laws of the
United States are amended as follows:
(1) Section 129a(c)(3) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(2) Section 133a(b)(2) of title 10, United States Code, is
amended by striking ``, including the allocation of resources
for defense research and engineering,''.
(3) Section 134(c) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics,'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment, the Under
Secretary of Defense for Research and Engineering,''.
(4) Section 139(b) of title 10, United States Code, is
amended in the matter preceding paragraph (1) by striking ``and
the Under Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``, the Under Secretary of Defense
for Acquisition and Sustainment, and the Under Secretary of
Defense for Research and Engineering''.
(5) Section 139(b)(2) of title 10, United States Code, is
amended by striking ``and the Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``, the
Under Secretary of Defense for Acquisition and Sustainment, and
the Under Secretary of Defense for Research and Engineering,''.
(6) Section 139 of title 10, United States Code, is amended
in subsections (c) through (h) 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''.
(7) Section 139a(d)(6) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment, the Under
Secretary of Defense for Research and Engineering,''.
(8) Section 171(a) of title 10, United States Code, is
amended--
(A) in paragraph (3), by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics''
and inserting ``Under Secretary of Defense for
Acquisition and Sustainment'';
(B) by inserting after paragraph (3) the following
new paragraph:
``(4) the Under Secretary of Defense for Research and
Engineering;''; and
(C) by redesignating paragraphs (4) through (13) as
paragraphs (5) through (14), respectively.
(9) Section 171a of title 10, United States Code, is
amended--
(A) in subsection (b)(2), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment'';
(B) by inserting after subsection (b)(2) the
following new paragraph:
``(3) the Under Secretary of Defense for Research and
Engineering;'';
(C) in subsection (b), by redesignating paragraphs
(3) through (7) as paragraphs (4) through (8),
respectively; and
(D) in subsection (c), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''.
(10) Subsection (d)(1) of section 181 of title 10, United
States Code, is amended--
(A) in subparagraph (C), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment'';
(B) by inserting after subparagraph (C) the
following new subparagraph:
``(D) the Under Secretary of Defense for Research and
Engineering.''; and
(C) by redesignating paragraphs (D) through (G) as
paragraphs (E) through (H), respectively.
(11) Subsection (b)(2) of section 393 of title 10, United
States Code, is amended--
(A) in subparagraph (B), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment'';
(B) by inserting after subparagraph (B) the
following new subparagraph:
``(C) the Under Secretary of Defense for Research
and Engineering.''; and
(C) by redesignating subparagraphs (C) through (E)
as subparagraphs (D) through (F).
(12) Section 1111 of the National Defense Authorization Act
for Fiscal Year 2016 (Public law 114-92; 129 Stat. 1032; 10
U.S.C. 1701 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' each place
such term appears and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''.
(13) Section 231(a) of the National Defense Authorization
Act for Fiscal Year 2008 (Public law 110-181; 122 Stat. 45; 10
U.S.C. 1701 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(14) Section 1702 of title 10, United States Code, is
amended--
(A) in the heading, by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics''
and inserting ``Under Secretary of Defense for
Acquisition and Sustainment'';
(B) in the section text, by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''.
(15) Section 807(a) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116
Stat. 2608; 10 U.S.C. 1702 note) is amended by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(16) Section 1705 of title 10, United Stats Code, is
amended--
(A) in subsection (c), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment'';
(B) in subsection (e)(3), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''; and
(C) in subsection (g)(2)(B), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''.
(17) Section 803(c) of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1825;
10 U.S.C. 1705 note) is amended by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(18) Section 1722 of title 10, United States Code, is
amended--
(A) in subsection (a), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''; and
(B) in subsection (b)(2)(B), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''.
(19) Section 1722a of title 10, United States Code, is
amended--
(A) in subsection (a), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''; and
(B) in subsection (e), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''.
(20) Section 1722b(a) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(21) Section 1723 of title 10, United States Code, is
amended--
(A) in subsection (a)(3), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''; and
(B) in subsection (b), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''.
(22) Section 1725(e)(2) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(23) Section 1735(c)(1) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(24) Section 1737(c) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(25) Section 1741(b) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(26) Section 1746(a) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(27) Section 1748 of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(28) Section 2222 of title 10, United States Code, is
amended--
(A) in subsection (c)(2), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''; and
(B) in subsection (f)(2)(B)(i), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''.
(29) Section 217(a) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 770; 10
U.S.C. 2222 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(30) Section 882(b) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 128
Stat. 4308; 10 U.S.C. 2222 note) is amended by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(31) Section 2272 of title 10, United States Code, is
amended by striking ``Assistant Secretary of Defense for
Research and Engineering'' and inserting ``Under Secretary of
Defense for Research and Engineering''.
(32) Section 2275(a) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Research and Engineering''.
(33) Section 2279(d) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(34) Section 2279b of title 10, United States Code, is
amended--
(A) in subsection (b)--
(i) in paragraph (2), by striking ``Under
Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition
and Sustainment'';
(ii) by redesignating paragraphs (3)
through (10) as paragraphs (4) through (11),
respectively; and
(iii) by inserting after paragraph (2) the
following new paragraph:
``(3) the Under Secretary of Defense for Research and
Engineering.''; and
(B) in subsection (c), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''.
(35) Section 898(a)(2) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2000; 10 U.S.C. 2302 note) is amended by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' each place such term appears and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(36) Section 804 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 726; 10
U.S.C. 2302 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' each place
such term appears and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''.
(37) Section 852 of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291; 130 Stat. 3458; 10 U.S.C. 2302 note) is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(38) Section 806 of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1487; 10
U.S.C. 2302 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' each place
such term appears and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''.
(39) Section 843 of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1487; 10
U.S.C. 2302 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(40) Section 254(b) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4402; 10 U.S.C. 2302 note) is amended by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(41) Section 802(d) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
375; 118 Stat. 2004; 10 U.S.C. 2302 note) is amended by
striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' each place such term appears and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(42) Section 244 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116
Stat. 2498; 10 U.S.C. 2302 note) is amended by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' each place such term appears and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(43) Section 804(c) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116
Stat. 2605; 10 U.S.C. 2302 note) is amended by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' each place such term appears and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(44) Section 2304 of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' each place such term
appears and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(45) Section 895 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 954; 10
U.S.C. 2304 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' each place
such term appears and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''.
(46) Section 806(b) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124
Stat. 4260; 10 U.S.C. 2304 note) is amended by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' each place such term appears and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(47) Section 821(a) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 226; 10
U.S.C. 2304 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(48) Section 801(b)(2)(B) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 204; 10 U.S.C. 2304 note) is amended by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(49) Section 817(e) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2326; 10 U.S.C. 2304 note) is amended by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(50) Section 811(e)(1) of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 120
Stat. 2326; 10 U.S.C. 2304 note) is amended by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(51) Section 875 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2310; 10
U.S.C. 2305 note) is amended--
(A) in subsection (b)(2), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment'';
(B) in subsection (c), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment'';
(C) in subsection (d), by striking ``The Under
Secretary for Acquisition, Technology, and Logistics''
and inserting ``The Under Secretary of Defense for
Research and Engineering''; and
(D) in subsection (e) through (f), by striking
``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(52) Section 888(b)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2322; 10 U.S.C. 2305 note) is amended by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(53) Section 829(b)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2281; 10 U.S.C. 2306 note) is amended by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(54) Section 2306b(i)(7) of title 10, United States Code,
is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(55) Section 2311(c) of title 10, United States Code, is
amended--
(A) in paragraph (1), by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics''
and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''; and
(B) in paragraph (2)(B), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''.
(56) Section 824(a) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124
Stat. 4269; 10 U.S.C. 2320 note) is amended by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(57) Section 2326(g) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(58) Section 2330 of title 10, United States Code, is
amended--
(A) in subsection (a)(1), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment'';
(B) in subsection (a)(3), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment'';
(C) in subsection (b)(2), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''; and
(D) in subsection (b)(3)(A), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''.
(59) Section 882 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 942; 10
U.S.C. 2330 note) is amended in the matter preceding paragraph
(1) by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``Under Secretary of
Defense for Acquisition and Sustainment''.
(60) Section 801(b)(2)(B) of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115
Stat. 1176; 10 U.S.C. 2330 note) is amended by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(61) Section 2334 of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' each place such term
appears and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(62) Section 2350a(b)(2) of title 10, United States Code,
is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics, and the Assistant
Secretary of Defense for Research and Engineering'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment, and the Under Secretary of Defense for Research
and Engineering''.
(63) Section 2359(b)(1) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Research and Engineering''.
(64) Section 2359b of title 10, United States Code, is
amended--
(A) in subsection (a)(1), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Research and Engineering''; and
(B) in subsection (l)(1), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Research and Engineering''.
(65) Section 2365 of title 10, United States Code, is
amended--
(A) by striking ``Assistant Secretary'' each place
it appears and inserting ``Under Secretary''; and
(B) in subsection (d), by striking paragraph (3).
(66) Section 2375 of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' each place such term
appears and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(67) Section 874(b)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2310; 10 U.S.C. 2375 note) is amended by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(68) Section 876 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2311; 10
U.S.C. 2377 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(69) Section 855 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 919; 10
U.S.C. 2377 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' each place
such term appears and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''.
(70) Section 856(a)(2)(B) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 920; 10 U.S.C. 2377 note) is amended by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(71) Section 2399(b)(3) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics,'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment, the Under
Secretary of Defense for Research and Engineering,''.
(72) Section 2419(a)(1) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(73) Section 825(c)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 908; 10 U.S.C. 2430 note) is amended by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(74) Section 826(e) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 908; 10
U.S.C. 2430 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(75) Section 827(e) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 909; 10
U.S.C. 2430 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(76) Section 811(b) of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1828;
10 U.S.C. 2430 note) is amended--
(A) in paragraph (1), by striking ``if the Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``if the service acquisition
executive, in the case of a major defense acquisition
program of the military department, or the Under
Secretary of Defense for Acquisition and Sustainment,
in the case of a Defense-wide or Defense Agency major
defense acquisition program,''; and
(B) in paragraph (2), by inserting ``the service
acquisition executive or'' before ``the Under
Secretary'' each place such term appears.
(77) Section 812(a) of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1829;
10 U.S.C. 2430 note) is amended by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(78) Section 814 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 115-91; 131
Stat. 1467; 10 U.S.C. 2430 note) is amended--
(A) in subsection (b), by striking paragraph (2)
and inserting the following new paragraphs:
``(2) Required members.--Each Configuration Steering Board
under this section shall include a representative of the
following:
``(A) The Chief of Staff of the Armed Force
concerned.
``(B) The Comptroller of the military department
concerned.
``(C) The military deputy to the service
acquisition executive concerned.
``(D) The program executive officer for the major
defense acquisition program concerned.
``(3) Additional members.--In addition to the members
required in paragraph (2), when the milestone decision
authority for a major defense acquisition program is the Under
Secretary of Defense for Acquisition and Sustainment, each
Configuration Steering Board under this section shall also
include a representative of the following:
``(A) The Office of the Under Secretary of Defense
for Acquisition and Sustainment.
``(B) Other armed forces, as appropriate.
``(C) The Joint Staff.
``(D) Other senior representatives of the Office of
the Secretary of Defense and the military department
concerned, as appropriate.''; and
(B) in subsection (c)(5)(B), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``service acquisition
executive''.
(79) Section 801(a)(1) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2312; 10 U.S.C. 2430 note) is amended by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(80) Section 924 of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1576; 10
U.S.C. 2430 note) is amended 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''.
(81) Section 1675(a) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 192 Stat. 1131; 10
U.S.C. 2431 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``the Under Secretary of Defense for Research and
Engineering''.
(82) Section 2431a(b) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(83) Section 2435 of title 10, United States Code, is
amended by striking--
(A) in subsection (b), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``service acquisition
executive, in the case of a major defense acquisition
program of a military department, or the Under
Secretary of Defense for Acquisition and Sustainment,
in the case of a Defense-wide or Defense Agency major
defense acquisition program''; and
(B) in subsection (e)(2), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''.
(84) Section 2438(b) of title 10, United States Code, is
amended--
(A) in paragraph (1), by striking ``Under Secretary
of Defense for Acquisition, Technology and Logistics''
and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''; and
(B) in paragraph (2), by striking ``Under Secretary
of Defense for Acquisition, Technology and Logistics''
and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(85) Section 2448b(a) of title 10, United States Code, is
amended in the matter preceding paragraph (1) by inserting ``by
an independent organization selected by the service acquisition
executive'' after ``conducted''.
(86) Section 2503(b) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(87) Section 2508(b) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(88) Section 2521 of title 10, United States Code, is
amended--
(A) in subsection (a), by striking ``The Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``The Under Secretary of
Defense for Research and Engineering'';
(B) in subsection (e)(4)(D), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Research and Engineering''; and
(C) in subsection (e)(5), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Research and Engineering''.
(89) Section 2533b(k)(2)(A) of title 10, United States
Code, is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(90) Section 2546 of title 10, United States Code, is
amended--
(A) in the heading of subsection (a), by striking
``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment'';
(B) in subsection (a), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''; and
(C) in subsection (b), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''.
(91) Section 2548 of title 10, United States Code, is
amended--
(A) in subsection (a), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''; and
(B) in subsection (c)(8), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''.
(92) Section 2902(b) of title 10, United States Code, is
amended--
(A) in paragraph (1), by striking ``Office of the
Assistant Secretary of Defense for Research and
Engineering'' and inserting ``Office of the Secretary
of Defense for Research and Engineering''; and
(B) in paragraph (3), by striking ``Office of the
Under Secretary of Defense for Acquisition, Technology,
and Logistics'' and inserting ``Office of the Under
Secretary of Defense for Acquisition and Sustainment''.
(93) Section 2824(d) of the National Defense Authorization
Act for Fiscal Year 2013 (Public law 112-239; 126 Stat. 2154;
10 U.S.C. 2911 note) is amended by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics and the
Assistant Secretary of Defense for Energy, Installations, and
Environment'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(94) Section 315(d) of the National Defense Authorization
Act for Fiscal Year 2012 (Public law 112-81; 125 Stat. 1357; 10
U.S.C. 2911 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(95) Section 2926(e)(5)(D) of title 10, United States Code,
is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary for Defense for Acquisition and Sustainment''.
(96) Section 836(a)(2) of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125
Stat. 1508; 22 U.S.C. 2767 note) is amended by striking ``the
Under Secretary of Defense for Acquisition, Technology, and
Logistics, the Assistant Secretary of Defense for Research,''
and inserting ``the Under Secretary of Defense for Acquisition
and Sustainment, the Under Secretary of Defense for Research
and Engineering,''.
(97) Section 7103(d)(7)(M)(v) of title 22, United States
Code, is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(98) Section 1126(a)(3) of title 31, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(99) Section 11319(d)(4) of title 40, United States Code,
is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(100) Section 1302(b)(2)(A)(i) of title 41, United States
Code, is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(101) Section 809 of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat.
1423; 41 U.S.C. 1302 note) is amended by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(102) Section 1311(b)(3) of title 41, United States Code,
is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(103) Section 98f(a)(3) of title 50, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(104) Section 1521 of title 50, United States Code, is
amended--
(A) in subsection (f)(1), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''; and
(B) in subsection (g)(2), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense
for Acquisition and Sustainment.''.
(k) Requirements for the National Security Strategy for National
Technology and Industrial Base.--
(1) National security strategy for national technology and
industrial base.--Section 2501(a) of title 10, United States
Code, is amended by inserting after the first sentence the
following new sentence: ``The Secretary shall submit such
strategy to Congress not later than 180 days after the date of
submission of the national security strategy report required
under section 108 of the National Security Act of 1947 (50
U.S.C. 3043).''.
(2) Annual report to congress.--Section 2504(3) of title
10, United States Code, is amended--
(A) in the matter preceding subparagraph (A), by
inserting ``Executive order or'' after ``pursuant to'';
(B) by amending subparagraph (A) to read as
follows:
``(A) prioritized list of gaps or vulnerabilities
in the national technology and industrial base,
including--
``(i) a description of mitigation
strategies necessary to address such gaps or
vulnerabilities;
``(ii) the identification of the individual
responsible for addressing such gaps or
vulnerabilities; and
``(iii) a proposed timeline for action to
address gaps or vulnerabilities.''.
(l) Establishment of Center for Acquisition Innovation.--
(1) Establishment of center for acquisition innovation.--
(A) In general.--Chapter 97 of title 10, United
States Code, is amended by inserting after section 1746
the following new section:
``Sec. 1746a. Center for Acquisition Innovation
``(a) Establishment.--The Secretary of Defense, acting through the
Under Secretary of Defense for Acquisition and Sustainment, shall
establish and maintain a Center for Acquisition Innovation (hereinafter
referred to as the `Center') at the Naval Postgraduate School. The
Center shall operate as an academic entity specializing in innovation
relating to the defense acquisition system.
``(b) Mission.--(1) The mission of the Center is to provide to
policymakers in the Department of Defense, Congress, and throughout the
Government, academic analyses and policy alternatives for innovation in
the defense acquisition system. The Center shall accomplish that
mission by a variety of means intended to widely disseminate the
research findings of the Center.
``(2) In carrying out the mission under paragraph (1), the Center
shall, on an ongoing basis, review the statutes and regulations
applicable to the defense acquisition system. The objective of such
review is to provide policy alternatives for streamlining and improving
the efficiency and effectiveness of the defense acquisition process in
order to ensure a defense technology advantage for the United States
over potential adversaries.
``(c) Implementation Review of Section 809 Panel Recommendations
and Center Policy Alternatives.--(1) The Center shall, on an ongoing
basis, review implementation of the recommendations of the Section 809
Panel and policy alternatives provided by the Center. As part of such
review, the Center shall--
``(A) for recommendations or policy alternatives for the
enactment of legislation, identify whether (or to what extent)
the recommendations or policy alternatives have been adopted by
being enacted into law by Congress;
``(B) for recommendations or policy alternatives for the
issuance of regulations, identify whether (or to what extent)
the recommendations or policy alternatives have been adopted
through issuance of new agency or Government-wide regulations;
and
``(C) for recommendations or policy alternatives for
revisions to policies and procedures in the executive branch,
identify whether (or to what extent) the recommendations or
policy alternatives have been adopted through issuance of an
appropriate implementing directive or other form of guidance.
``(2) In this subsection, the term `Section 809 Panel' means the
panel established by the Secretary of Defense pursuant to section 809
of the National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114-92), as amended by section 863(d) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328) and
sections 803(c) and 883 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91).
``(d) Funding.--There shall be available for the Center for any
fiscal year from the Defense Acquisition Workforce and Development Fund
not less than the amount of $3,000,000 (in fiscal year 2019 constant
dollars), in addition to any other amount available for that fiscal
year for the Naval Postgraduate School.
``(e) Annual Report.--(1) Not later than September 30 each year,
the Center shall submit to the Secretary of Defense, who shall forward
to the Committees on Armed Services of the Senate and House of
Representatives, a report describing the activities of the Center
during the previous year and providing the findings, analysis, and
policy alternatives of the Center relating to the defense acquisition
system.
``(2) Each such report shall be submitted in accordance with
paragraph (1) without further review within the executive branch.
``(3) Each report under paragraph (1) shall include the following:
``(A) Results of academic research and analysis.
``(B) Results of the implementation reviews conducted
pursuant to subsection (d).
``(C) Policy alternatives for such legislative and
executive branch action as the Center considers warranted.
``(D) Specific implementation language for any statutory
changes recommended.
``(f) Definition.--In this section, the term `defense acquisition
system' has the meaning given that term in section 2545(2) of this
title.''.
(B) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by inserting
after the item relating to section 2165 the following
new item:
``1746a. Center for Acquisition Innovation.''.
(2) Deadline for implementation.--The Secretary of Defense
shall establish the Center for Acquisition Innovation under
section 1746a of title 10, United States Code, as added by
subsection (a), not later than March 1, 2020. The first
Director of the Center shall be appointed not later than June
1, 2020, and the Center should be fully operational not later
than June 1, 2021.
(3) Implementation report.--
(A) In general.--Not later than January 1, 2021,
the head of the Center of Acquisition Innovation shall
submit to the Secretary of Defense a report setting
forth the organizational plan for the Center for
Acquisition Innovation, the proposed budget for the
Center, and the timetable for initial and full
operations of the Center.
(B) Transmittal.--The Secretary of Defense shall
transmit the report under paragraph (1), together with
whatever comments the Secretary considers appropriate,
to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of
Representatives not later than February 1, 2021.
(4) Records of the section 809 panel.--
(A) Transfer and maintenance of records.--Following
termination of the Section 809 Panel, the records of
the panel shall be transferred to, and shall be
maintained by, the Defense Technical Information
Center. Such transfer shall be accomplished not later
than August 1, 2019.
(B) Status of records.--Working papers, records of
interview, and any other draft work products generated
for any purpose by the Section 809 Panel during its
research are covered by the deliberative process
privilege exemption under paragraph (5) of section
552(b) of title 5, United States Code.
(C) Definition.--In this section, the term
``Section 809 Panel'' means the panel established by
the Secretary of Defense pursuant to section 809 of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92), as amended by section 863(d) of
the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328) and sections 803(c) and 883
of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91).
Subtitle F--Industrial Base Matters
SEC. 871. CONSIDERATION OF SUBCONTRACTING TO MINORITY INSTITUTIONS.
(a) In General.--Chapter 141 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2410t. Consideration of subcontracting to minority institutions
``(a) Consideration of Subcontracting to Minority Institutions.--
The Secretary of Defense shall revise the Department of Defense
Supplement to the Federal Acquisition Regulation to require that the
system used by the Federal Government to monitor or record contractor
past performance for a grant or contract awarded to an institution of
higher education includes incentives for the award of a sub-grant or
subcontract to minority institutions.
``(b) Minority Institution Defined.--In this section, the term
`minority institution' means--
``(1) a part B institution (as that term is defined in
section 322(2) of the Higher Education Act of 1965 (20 U.S.C.
1061(2)); or
``(2) any other institution of higher education (as that
term is defined in section 101 of such Act (20 U.S.C. 1001)) at
which not less than 50 percent of the total student enrollment
consists of students from ethnic groups that are
underrepresented in the fields of science and engineering.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``2410t. Consideration of subcontracting to minority institutions.''.
SEC. 872. SIZE STANDARD CALCULATIONS FOR CERTAIN SMALL BUSINESS
CONCERNS.
(a) Clarifying Amendment to the Small Business Runway Extension Act
of 2018.--Section 3(a)(2)(C) of the Small Business Act (15 U.S.C.
632(a)(2)(C)) is amended by inserting ``(including the Administration
when acting pursuant to subparagraph (A))'' after ``no Federal
department or agency''.
(b) Finalization of Small Business Runway Extension Act of 2018
Rules.--The Administrator of the Small Business Administration shall
issue a final rule implementing the Small Business Runway Extension Act
of 2018 (Public Law 115-324) not later than December 17, 2019.
(c) Amendment to Size Standards for Certain Small Business
Concerns.--
(1) Size standards for small business concerns providing
services.--Section 3(a)(2)(C)(ii)(II) of the Small Business Act
(15 U.S.C. 632(a)(2)(C)(ii)(II)) is amended by striking ``not
less than''.
(2) Size standards for other business concerns.--Section
3(a)(2)(C)(ii)(III) of the Small Business Act (15 U.S.C.
632(a)(2)(C)(ii)(III)) is amended by striking ``not less than 3
years'' and inserting ``5 years''.
(d) Transition Plan for the Small Business Runway Extension Act of
2018.--
(1) Plan required.--Not later than 30 days after the date
of the enactment of this Act, the Administrator of the Small
Business Administration shall implement a transition plan to
assist business concerns and Federal agencies with compliance
with the requirements of the Small Business Runway Extension
Act of 2018 (Public Law 115-324).
(2) 3-Year calculation for size standards.--
(A) In general.--The transition plan described
under paragraph (1) shall include a requirement that,
during the period beginning on December 17, 2018, and
ending on the date that is 6 months after the date on
which the Administrator issues final rules implementing
the Small Business Runway Extension Act of 2018 (Public
Law 115-324), allows the use of a 3-year calculation
for a size standard to be applied to a business concern
if the use of such 3-year calculation allows such
concern to be considered a small business concern under
section 3(a)(1) of the Small Business Act (15 U.S.C.
632(a)(1)).
(B) 3-year calculation defined.--In this
subsection, the term ``3-year calculation'' means--
(i) with respect to a business concern
providing services described under clause
(ii)(II) of such section, a determination of
the size of such concern on the basis of the
annual average gross receipts of such concern
over a period of 3 years; and
(ii) with respect to a business concern
described under clause (ii)(III) of such
section, a determination of the size of such
concern on the basis of data over a period of 3
years.
(e) Requirement to Update SAM.--Not later than 90 days after the
date of the enactment of this Act, the System for Award Management (or
any successor system) shall be updated to comply with the requirements
of this Act.
SEC. 873. MODIFICATIONS TO SMALL BUSINESS SUBCONTRACTING.
(a) Small Business Lower-tier Subcontracting.--Section 8(d) of the
Small Business Act (15 U.S.C. 637(d)) is amended--
(1) by amending paragraph (16) to read as follows:
``(16) Credit for certain small business concern
subcontractors.--
``(A) In general.--For purposes of determining
whether or not a prime contractor has attained the
percentage goals specified in paragraph (6)--
``(i) if the subcontracting goals pertain
only to a single contract with the Federal
agency, the prime contractor may elect to
receive credit for small business concerns
performing as first tier subcontractors or
subcontractors at any tier pursuant to the
subcontracting plans required under paragraph
(6)(D) in an amount equal to the total dollar
value of any subcontracts awarded to such small
business concerns; and
``(ii) if the subcontracting goals pertain
to more than one contract with one or more
Federal agencies, or to one contract with more
than one Federal agency, the prime contractor
may only receive credit for first tier
subcontractors that are small business
concerns.
``(B) Collection and review of data on
subcontracting plans.--The head of each contracting
agency shall ensure that--
``(i) the agency collects and reports data
on the extent to which contractors of the
agency meet the goals and objectives set forth
in subcontracting plans submitted pursuant to
this subsection; and
``(ii) the agency periodically reviews data
collected and reported pursuant to subparagraph
(A) for the purpose of ensuring that such
contractors comply in good faith with the
requirements of this subsection and
subcontracting plans submitted by the
contractors pursuant to this subsection.
``(C) Rule of construction.--Nothing in this
paragraph shall be construed to allow a Federal agency
to establish a goaling requirement for a prime
contractor eligible to receive credit under this
paragraph that establishes an amount of subcontracts
with a subcontractor that is not a first tier
subcontractor for such prime contractor.''; and
(2) by adding at the end the following new paragraph:
``(18) Dispute process for non-payment to subcontractors.--
``(A) Notice to agency.--With respect to a contract
with a Federal agency, a subcontractor of a prime
contractor on such contract may, if the subcontractor
has not received payment for performance on such
contract within 30 days of the completion of such
performance, notify the Office of Small and
Disadvantaged Business Utilization (hereinafter
referred to as `OSDBU') of the Federal agency and the
prime contractor of such lack of payment.
``(B) Agency determination.--
``(i) In general.--Upon receipt of a notice
described under subparagraph (A) and if such
notice is provided to the agency within the 15-
day period following the end the 30-day period
described in subparagraph (A), the OSDBU shall
verify whether such lack of payment has
occurred and determine whether such lack of
payment is due to an undue restriction placed
on the prime contractor by an action of the
Federal agency.
``(ii) Response during determination.--
During the period in which the OSDBU is making
the determination under clause (i), the prime
contractor may respond to both the
subcontractor and the OSDBU with relevant
verifying documentation to either prove payment
or allowable status of nonpayment.
``(C) Cure period.--If the OSDBU verifies that the
lack of payment under subparagraph (B) is not due to an
action of the Federal agency, and the prime contractor
has not provided verifying documentation described in
subparagraph (B)(ii), the OSDBU shall notify the prime
contractor and provide the prime contractor with a 15-
day period in which the prime contractor may make the
payment owed to the subcontractor.
``(D) Result of nonpayment.--If, after notifying
the prime contractor under subparagraph (C), the OSDBU
determines that the prime contractor has not fully paid
the amount owed within the 15-day period described
under subparagraph (C), the OSDBU shall ensure that
such failure to pay is reflected in the Contractor
Performance Assessment Reporting system (or any
successor system).''.
(b) Maintenance of Records With Respect to Credit Under a
Subcontracting Plan.--Section 8(d)(6) of the Small Business Act (15
U.S.C. 637(d)(6)) is amended--
(1) by redesignating subparagraphs (G) and (H) as
subparagraphs (H) and (I), respectively (and conforming the
margins accordingly); and
(2) by inserting after subparagraph (F) the following new
subparagraph:
``(G) a recitation of the types of records the successful
offeror or bidder will maintain to demonstrate that procedures
have been adopted to substantiate the credit the successful
offeror or bidder will elect to receive under paragraph
(16)(A)(i);''.
SEC. 874. INCLUSION OF BEST IN CLASS DESIGNATIONS IN ANNUAL REPORT ON
SMALL BUSINESS GOALS.
Section 15(h) of the Small Business Act (15 U.S.C. 644(h)) is
amended by adding at the end the following new paragraph:
``(4) Best in class small business participation
reporting.--
``(A) Addendum.--The Administrator, in addition to
the requirements under paragraph (2), shall include in
the report required by such paragraph, for each best in
class designation--
``(i) the total amount of spending
Governmentwide in such designation;
``(ii) the number of small business
concerns awarded contracts and the dollar
amount of such contracts awarded within each
such designation to each of the following--
``(I) qualified HUBZone small
business concerns;
``(II) small business concerns
owned and controlled by women;
``(III) small business concerns
owned and controlled by service-
disabled veterans; and
``(IV) small business concerns
owned and controlled by socially and
economically disadvantaged individuals.
``(B) Best in class defined.--The term `best in
class' has the meaning given such term by the Director
of the Office of Management and Budget.
``(C) Effective date.--The Administrator shall
report on the information described by subparagraph (A)
beginning on the date that such information is
available in the Federal Procurement Data System, the
System for Award Management, or any successor to such
systems.''.
SEC. 875. SMALL BUSINESS ADMINISTRATION CYBERSECURITY REPORTS.
Section 10 of the Small Business Act (15 U.S.C. 639) is amended by
inserting after subsection (a) the following:
``(b) Cybersecurity Reports.--
``(1) Annual report.--Not later than 180 days after the
date of enactment of this subsection, and every year
thereafter, the Administrator shall submit a report to the
appropriate congressional committees that includes--
``(A) an assessment of the information technology
(as defined in section 11101 of title 40, United States
Code) and cybersecurity infrastructure of the
Administration;
``(B) a strategy to increase the cybersecurity
infrastructure of the Administration;
``(C) a detailed account of any information
technology equipment or interconnected system or
subsystem of equipment of the Administration that was
manufactured by an entity that has its principal place
of business located in China, Iran, Russia, or North
Korea; and
``(D) an account of any cybersecurity risk or
incident that occurred at the Administration during the
2-year period preceding the date on which the report is
submitted, and any action taken by the Administrator to
respond to or remediate any such cybersecurity risk or
incident.
``(2) Additional reports.--If the Administrator determines
that there is a reasonable basis to conclude that a
cybersecurity risk or incident occurred at the Administration,
the Administrator shall--
``(A) not later than 7 days after the date on which
the Administrator makes that determination, notify the
appropriate congressional committees of the
cybersecurity risk or incident; and
``(B) not later than 30 days after the date on
which the Administrator makes a determination under
subparagraph (A)--
``(i) provide notice to individuals and
small business concerns affected by the
cybersecurity risk or incident; and
``(ii) submit to the appropriate
congressional committees a report, based on
information available to the Administrator as
of the date which the Administrator submits the
report, that includes--
``(I) a summary of information
about the cybersecurity risk or
incident, including how the
cybersecurity risk or incident
occurred; and
``(II) an estimate of the number of
individuals and small business concerns
affected by the cybersecurity risk or
incident, including an assessment of
the risk of harm to affected
individuals and small business
concerns.
``(3) Rule of construction.--Nothing in this subsection
shall be construed to affect the reporting requirements of the
Administrator under chapter 35 of title 44, United States Code,
in particular the requirement to notify the Federal information
security incident center under section 3554(b)(7)(C)(ii) of
such title, or any other provision of law.
``(4) Definitions.--In this subsection:
``(A) Appropriate congressional committees.--The
term `appropriate congressional committees' means--
``(i) the Committee on Small Business and
Entrepreneurship of the Senate; and
``(ii) the Committee on Small Business of
the House of Representatives.
``(B) Cybersecurity risk; incident.--The terms
`cybersecurity risk' and `incident' have the meanings
given such terms, respectively, under section 2209(a)
of the Homeland Security Act of 2002.''.
SEC. 876. CYBER COUNSELING CERTIFICATION PROGRAM FOR LEAD SMALL
BUSINESS DEVELOPMENT CENTERS.
Section 21 of the Small Business Act (15 U.S.C. 648) is amended by
adding at the end the following:
``(o) Cyber Counseling Certification Program for Lead Small
Business Development Centers.--
``(1) Certification program.--The Administrator shall
establish a cyber counseling certification program, or approve
a similar existing program, to certify employees of lead small
business development centers to provide cyber planning
assistance to small business concerns.
``(2) Number of certified employees.--The Administrator
shall ensure that each lead small business development center
has at least 1 employee, and not less than 10 percent of the
total number of employees of the lead small business
development center, certified in providing cyber planning
assistance under this subsection.
``(3) Consideration of small business development center
cyber strategy.--In carrying out this subsection, the
Administrator, to the extent practicable, shall consider any
cyber strategy methods included in the Small Business
Development Center Cyber Strategy developed under section
1841(a)(3)(B) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2662) and any
cybersecurity outreach conducted pursuant to section 2209(l) of
the Homeland Security Act of 2002.
``(4) Reimbursement for certification.--Subject to the
availability of appropriations, the Administrator shall
reimburse a lead small business development center in an amount
not to exceed $350,000 in any fiscal year for costs relating to
the certification of an employee of the lead small business
development center under the program established under
paragraph (1).
``(5) Definitions.--In this subsection:
``(A) Cyber planning assistance.--The term `cyber
planning assistance' means counsel and assistance to
improve the cybersecurity infrastructure, awareness of
cyber threat indicators, and cyber training programs
for employees of a small business concern.
``(B) Lead small business development center.--The
term `lead small business development center' means a
small business development center that has received a
grant under this section.''.
SEC. 877. EXEMPTION OF CERTAIN CONTRACTS FROM THE PERIODIC INFLATION
ADJUSTMENTS TO THE ACQUISITION-RELATED DOLLAR THRESHOLD.
Subparagraph (B) of section 1908(b)(2) of title 41, United States
Code, is amended by inserting ``3131 to 3134,'' after ``sections''.
SEC. 878. IMPROVEMENTS TO CERTAIN DEFENSE INNOVATION PROGRAMS.
(a) Alignment of the Small Business Innovation Research Program and
Small Business Technology Transfer Program of the Department of Defense
With the National Defense Science and Technology Strategy.--
(1) In general.--The Secretary of Defense and Secretaries
of the military departments shall, to the extent practicable,
align the research topics selected for activities conducted
under the Small Business Innovation Research Program and Small
Business Technology Transfer Program (as defined under section
9 of the Small Business Act (15 U.S.C. 638) with the National
Defense Science and Technology Strategy established under
section 218 of the John. S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 1679).
(2) Use of national defense science and technology strategy
to determine research topics.--Section 9 of the Small Business
Act (15 U.S.C. 638) is amended--
(A) in subsection (g)(3)(B), by striking ``, in the
1992 report'' and all that follows through ``that
authority'' and inserting ``in the National Defense
Science and Technology Strategy established under
section 218 of the John. S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-
232; 132 Stat. 1679)''; and
(B) in subsection (o)(3)(B), by striking ``, in
accordance with section 2522 of title 10, United States
Code'' and inserting ``in the National Defense Science
and Technology Strategy established under section 218
of the John. S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
1679)''.
(b) Pilot Program for Domestic Investment Under the SBIR Program.--
(1) Sense of congress.--It is the sense of Congress that
the Administrator of the Small Business Administration should
promulgate regulations to carry out the requirements under
section 9(dd) of the Small Business Act (15 U.S.C. 638(dd))
that--
(A) permit small business concerns that are
majority-owned by multiple venture capital operating
companies, hedge funds, or private equity firms to
participate in the SBIR program in accordance with such
section;
(B) provide specific information regarding
eligibility, participation, and affiliation rules to
such small business concerns; and
(C) preserve and maintain the integrity of the SBIR
program as a program for small business concerns in the
United States by prohibiting large entities or foreign-
owned entities from participation in the SBIR program.
(2) Domestic investment pilot program.--
(A) In general.--Not later than 1 year after the
date of the enactment of this Act and notwithstanding
the requirements of section 9(dd) of the Small Business
Act (15 U.S.C. 638(dd)), the Secretary of Defense shall
create and administer a program to be known as the
``Domestic Investment Pilot Program'' under which the
Secretary and the service acquisition executive for
each military department may make a SBIR award to a
small business concern that is majority-owned by
multiple United States-owned venture capital operating
companies, hedge funds, or private equity firms without
providing the written determination described under
paragraph (2) of such section 9(dd).
(B) Limitation.--The Secretary of Defense may award
not more than 10 percent of the funds allocated for the
SBIR program of the Department of Defense under section
9(f) of the Small Business Act (15 U.S.C. 638(f)) to
small business concerns that are owned in majority part
by multiple venture capital operating companies, hedge
funds, or private equity firms through competitive,
merit-based procedures that are open to all eligible
small business concerns.
(C) Evaluation criteria.--In carrying out the
Domestic Investment Pilot Program, the Secretary of
Defense may not use investment of venture capital or
investment from hedge funds or private equity firms as
a criterion for the award of contracts under the SBIR
program or STTR program.
(D) Annual reporting.--The Secretary of Defense
shall include as part of each annual report required
under section 9(b)(7) of the Small Business Act (15
U.S.C. 638(9)(b)(7)))--
(i) information on the implementation of
the Domestic Investment Pilot Program;
(ii) the number of proposals received from
small business concerns that are majority-owned
by multiple venture capital operating
companies, hedge funds, or private equity firms
for the Domestic Investment Pilot Program; and
(iii) the number of awards made to such
small business concerns.
(E) Termination.--The Domestic Investment Pilot
Program established under this subsection shall
terminate on September 30, 2022.
(3) Definitions.--In this section:
(A) SBIR.--The term ``SBIR'' has the meaning given
in section 9(e) of the Small Business Act (15 U.S.C.
638(e)).
(B) Small business act definitions.--The terms
``small business concern'', ``venture capital operating
company'', ``hedge fund'', and ``private equity firm''
have the meanings given those terms, respectively, in
section 3 of the Small Business Act (15 U.S.C. 632).
(c) Cybersecurity Technical Assistance for SBIR and STTR
Programs.--
(1) In general.--The Secretary of Defense may enter into an
agreement with 1 or more vendors selected under section
(9)(q)(2) of the Small Business Act (15 U.S.C. 638(q)(2)) to
provide small business concerns engaged in SBIR or STTR
projects with cybersecurity technical assistance , such as
access to a network of cybersecurity experts and engineers
engaged in designing and implementing cybersecurity practices.
(2) Amounts.--In carrying out paragraph (1), the Secretary
of Defense may provide the amounts described under section
(9)(q)(3) of such Act (15 U.S.C. 638(q)(3)) to a recipient that
meets the eligibility requirements under the applicable
subparagraph, if the recipient requests to seek cybersecurity
technical assistance from an individual or entity other than a
vendor selected as described in paragraph (1).
(d) Phase 0 Proof of Concept Partnership Program for the Department
of Defense.--Section 9(jj) of the Small Business Act (15 U.S.C. 638) is
amended--
(1) in paragraph (1), by striking ``The Director of the
National Institutes of Health'' and inserting ``A covered
agency head'';
(2) by striking ``The Director'' each place it appears and
inserting ``A covered agency head'';
(3) by striking ``the Director'' each place it appears and
inserting ``a covered agency head'';
(4) in paragraph (2)--
(A) by amending subparagraph (A) to read as
follows:
``(A) the term `covered agency head' means--
``(i) with respect to the STTR program of
the National Institutes of Health, the Director
of the National Institutes of Health; or
``(ii) with respect to the STTR program of
the Department of Defense, the Secretary of
Defense;''; and
(B) in subparagraph (C), by striking ``in the
National Institutes of Health's STTR program'' and
inserting ``in either the STTR program of the
Department of Defense or the STTR program of the
National Institutes of Health''; and
(5) in paragraph (4)(A), by inserting ``participating in
the STTR program administered by such agency head'' after ``a
qualifying institution''.
(e) Modification to the Defense Research and Development Rapid
Innovation Program.--
(1) Increase to funding.--Section 2359a(b)(3) of title 10,
United States Code, is amended by striking ``$3,000,000'' and
inserting ``$6,000,000''.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report on the program
established under section 2359a(b)(3) of title 10, United
States Code, (commonly known as the ``Defense Research and
Development Rapid Innovation Program''), which shall include--
(A) with respect to the two fiscal years preceding
the submission of the report--
(i) a description of the total number of
proposals funded under the program;
(ii) the percent of funds made available
under the program for Small Business Innovation
Research Program projects; and
(iii) a list of Small Business Innovation
Research Program projects that received funding
under the program that were included in major
defense acquisition programs (as defined in
section 2430 of title 10, United States Code)
and other defense acquisition programs that
meet critical national security needs; and
(B) an assessment on the effectiveness of the
program in stimulating innovation technologies,
reducing acquisition or lifecycle costs, addressing
technical risk, and improving the timeliness and
thoroughness of test and evaluation outcomes.
(f) Establishment of Joint Reserve Detachments at Defense
Innovation Unit.--
(1) Establishment.--The Secretary of Defense, in
consultation with the Secretaries of the military departments,
shall establish not fewer than three joint reserve detachments
(referred to in this section as ``Detachments'') at locations
of the Defense Innovation Unit--
(A) to support engagement and collaboration with
commercial innovation hubs; and
(B) to accelerate the transition and adoption of
commercial technologies for national security purposes.
(2) Composition.--Each Detachment shall be composed of
members of the reserve components who possess relevant private
sector experience in the fields of business, acquisition,
intelligence, engineering, technology transfer, science,
mathematics, contracting, procurement, logistics, cyberspace
security, or such other fields as are determined to be relevant
by the Under Secretary of Defense for Research and Engineering.
(3) Responsibilities.--The Detachments shall have the
following responsibilities:
(A) Each Detachment shall provide the Department of
Defense with expertise, analysis, alternatives for
innovation, and opportunities for greater engagement
and collaboration between the defense innovation
ecosystem and commercial industry.
(B) Each Detachment shall, on an ongoing basis--
(i) recruit, retain, and employ members of
the reserve components who possess relevant
private sector experience, as described in
paragraph (2);
(ii) partner with the military services,
the combatant commands, and other Department of
Defense organizations to seek and rapidly
prototype advanced commercial solutions while
lowering the barrier to entry to serve defense
requirements;
(iii) increase awareness of--
(I) the technology portfolios of
the Defense Innovation Unit; and
(II) the technology requirements of
the Department of Defense as identified
in the National Defense Science and
Technology Strategy developed under
section 218 of the John S. McCain
National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1679);
(iv) capitalize on the growing investment
in research and development made by the
commercial industry in assessing and maturing
dual-use technologies; and
(v) carry out such other activities as may
be directed by the Under Secretary of Defense
for Research and Engineering.
(4) Deadline for establishment of detachments.--The
Secretary of Defense shall ensure that--
(A) at least one Detachment is established on or
before October 1, 2020; and
(B) all three Detachments required under subsection
(a) are established on or before October 1, 2022.
(5) Implementation report.--
(A) In general.--Not later than 120 days after the
date of the enactment of this Act, the Under Secretary
of Defense for Research and Engineering shall submit to
the congressional defense committees a report that
includes--
(i) an organizational plan for the
Detachments;
(ii) the estimated costs of establishing
the Detachments;
(iii) a timeline specifying when each
Detachment will attain initial operational
capability and full operational capability,
respectively.
(B) Consultation.--In preparing the report required
under subparagraph (A), the Under Secretary of Defense
for Research and Engineering shall consult with the
Director of the Defense Innovation Unit and the head of
each military service.
(g) Modification to Department of Defense SBIR Expenditures.--
Section 9(f) of the Small Business Act (15 U.S.C. 638(f)) is amended--
(1) in paragraph (1)(I), by inserting ``, except as
provided in paragraph (5)'' after ``thereafter,'' and inserting
``fiscal years 2017 through 2019; and''; and
(2) by adding at the end the following new paragraph:
``(5) Required expenditure amounts for the department of
defense.--With respect to fiscal year 2020 and each fiscal year
thereafter, paragraph (1)(I) shall apply to the Department of
Defense with `4.0 percent' substituted for `3.2 percent'.''.
SEC. 879. PILOT PROGRAM FOR DEVELOPMENT OF TECHNOLOGY-ENHANCED
CAPABILITIES WITH PARTNERSHIP INTERMEDIARIES.
(a) Establishment.--The Secretary of Defense may authorize the
Commander of the United States Special Operations Command to use not
more than 5 percent of the funds required to be expended by the
Department of Defense under section 9(f)(1) of the Small Business Act
(15 U.S.C. 638(f)(1)) for a pilot program to increase participation by
small business concerns in the development of technology-enhanced
capabilities for special operations forces.
(b) Use of Partnership Intermediary.--
(1) Authorization.--The Commander of the United States
Special Operations Command may modify an existing agreement
with a partnership intermediary to assist the Commander in
carrying out the pilot program under this section, including
with respect to the award of Small Business Innovation Research
Program contracts, Small Business Technology Transfer Program
contracts, and other contracts and agreements to small business
concerns.
(2) Use of funds.--None of the funds referred to in
subsection (a) shall be used to pay a partnership intermediary
for any administrative costs associated with the pilot program.
(c) Report.--Not later than October 1, 2020, and October 1, 2021,
the Commander of the United States Special Operations Command shall
submit to the congressional defense committees, the Committee on Small
Business of the House of Representatives, and the Committee on Small
Business and Entrepreneurship of the Senate a report describing any
agreement with a partnership intermediary entered into pursuant to this
section. The report shall include, for each such agreement, the amount
of funds obligated, an identification of the recipient of such funds,
and a description of the use of such funds.
(d) Termination.--The authority to carry out a pilot program under
this section shall terminate on September 30, 2021.
(e) Definitions.--In this section:
(1) Partnership intermediary.--The term ``partnership
intermediary'' has the meaning given the term in section 23(c)
of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3715(c)).
(2) Small business concern.--The term ``small business
concern'' has the meaning given the term under section 3 of the
Small Business Act (15 U.S.C. 632).
(3) Small business innovation research program.--The term
``Small Business Innovation Research Program'' has the meaning
given the term in section 9(e)(4) of the Small Business Act (15
U.S.C. 638(e)).
(4) Small business technology transfer program.--The term
``Small Business Technology Transfer Program'' has the meaning
given the term in section 9(e)(5) of the Small Business Act (15
U.S.C. 638(e)).
(5) Technology-enhanced capability.--The term ``technology-
enhanced capability'' means a product, concept, or process that
improves the ability of a member of the Armed Forces to achieve
an assigned mission.
SEC. 880. AUTHORIZED OFFICIAL TO CARRY OUT THE PROCUREMENT TECHNICAL
ASSISTANCE COOPERATIVE AGREEMENT PROGRAM.
(a) Authorized Official.--Effective October 1, 2021, section
2411(3) of title 10, United States Code, is amended by striking
``Director of Defense Logistics Agency'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(b) Report and Briefing.--Not later than November 1, 2020, the
Secretary of Defense shall provide to the congressional defense
committees a written report and briefing on the activities carried out
in preparation for the transition of responsibilities for carrying out
the procurement technical assistance cooperative agreement program
under chapter 142 of title 10, United States Code, from the Director of
Defense Logistics Agency to the Under Secretary of Defense for
Acquisition and Sustainment, as required by subsection (a).
(c) Annual Budget Justification Documents.--Not later than February
1, 2022, and each fiscal year thereafter, the Secretary of Defense
shall submit to the congressional defense committees a budget
justification display that includes the procurement technical
assistance cooperative agreement program under chapter 142 of title 10,
United States Code, as part of the budget justification for Operation
and Maintenance, Defense-wide for the Office of the Secretary of
Defense.
SEC. 881. PERMANENT AUTHORIZATION AND IMPROVEMENT OF DEPARTMENT OF
DEFENSE MENTOR-PROTEGE PROGRAM.
(a) Permanent Authorization.--
(1) Repeal of expiration of authority.--Section 831 of the
National Defense Authorization Act for Fiscal Year 1991 (Public
Law 101-510; 10 U.S.C. 2302 note) is amended by striking
subsection (j).
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date on which the Secretary of Defense
submits to Congress the small business strategy required under
section 2283 of title 10, United States Code. The Secretary of
Defense shall notify the Law Revision Counsel of the House of
Representatives of the submission of the strategy so that the
Law Revision Counsel may execute the amendment made by
paragraph (1).
(b) Office of Small Business Programs Oversight.--Section 831 of
the National Defense Authorization Act for Fiscal Year 1991 (Public Law
101-510; 10 U.S.C. 2302 note) is amended--
(1) by redesignating subsection (n) as subsection (o); and
(2) by inserting after subsection (m) the following new
subsection:
``(n) Establishment of Performance Goals and Periodic Reviews.--The
Office of Small Business Programs of the Department of Defense shall--
``(1) establish performance goals consistent with the
stated purpose of the Mentor-Protege Program and outcome-based
metrics to measure progress in meeting those goals; and
``(2) submit to the congressional defense committees, not
later than February 1, 2020, a report on progress made toward
implementing these performance goals and metrics, based on
periodic reviews of the procedures used to approve mentor-
protege agreements.''.
(c) Modification of Disadvantaged Small Business Concern
Definition.--Subsection (o)(2) of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as
redesignated by subsection (b)(1) of this section, is amended by
striking ``has less than half the size standard corresponding to its
primary North American Industry Classification System code'' and
inserting ``is not more than the size standard corresponding to its
primary North American Industry Classification System code''.
(d) Removal of Pilot Program References.--Section 831 of the
National Defense Authorization Act for Fiscal Year 1991 (Public Law
101-510; 10 U.S.C. 2302 note) is amended--
(1) in the subsection heading for subsection (a), by
striking ``Pilot''; and
(2) by striking ``pilot'' each place it appears.
(e) Independent Report on Program Effectiveness.--
(1) In general.--The Secretary of Defense shall direct the
Defense Business Board to submit to the congressional defense
committees a report evaluating the effectiveness of the Mentor-
Protege Program established under section 831 of the National
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-
510; 10 U.S.C. 2302 note), including recommendations for
improving the program in terms of performance metrics, forms of
assistance, and overall program effectiveness not later than
March 31, 2022.
(2) Congressional defense committees defined.--In this
subsection, the term ``congressional defense committees'' has
the meaning given that term in section 101(a)(16) of title 10,
United States Code.
(f) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter until September 30,
2021, the Secretary of Defense shall submit to the congressional
defense committees a report on the Mentor-Protege Program established
under section 831 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note) that describes--
(1) each mentor-protege agreement entered into under such
section, disaggregated by the type of disadvantaged small
business concern (as defined in subsection (o) of such section)
receiving assistance pursuant to such an agreement;
(2) the type of assistance provided to protege firms (as
defined in subsection (o) of such section) under each such
agreement;
(3) the benefits provided to mentor firms (as defined in
subsection (o) of such section) under each such agreement; and
(4) the progress of protege firms under each such agreement
with respect to competing for Federal prime contracts and
subcontracts.
SEC. 882. ASSISTANCE FOR SMALL BUSINESS CONCERNS PARTICIPATING IN THE
SMALL BUSINESS INNOVATION RESEARCH PROGRAM AND THE SMALL
BUSINESS TECHNOLOGY TRANSFER PROGRAM.
(a) Definition of Senior Procurement Executive.--Section 9(e) of
the Small Business Act (15 U.S.C. 638(e)) is amended--
(1) in paragraph (12)(B), by striking ``and'' at the end;
(2) in paragraph (13)(B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(13) the term `senior procurement executive' means an
official designated under section 1702(c) of title 41, United
States Code, as the senior procurement executive of a Federal
agency participating in a SBIR or STTR program.''.
(b) Inclusion of Senior Procurement Executives in SBIR and STTR.--
(1) In general.--Section 9(b) of the Small Business Act (15
U.S.C. 638(b)) is amended--
(A) in paragraph (8), by striking ``and'' at the
end;
(B) in paragraph (9), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(10) to coordinate, where appropriate, with the senior
procurement executive of the relevant Federal agency to assist
small business concerns participating in a SBIR or STTR program
with commercializing research developed under such a program
before such small business concern is awarded a contract from
such Federal agency.''.
(2) Technical amendment.--Section 9(b)(3) of the Small
Business Act (15 U.S.C. 638(b)(3)) is amended by striking
``and'' at the end.
(c) Modifications Relating to Procurement Center Representatives
and Other Acquisition Personnel.--
(1) SBIR amendment.--Section 9(j) of the Small Business Act
(15 U.S.C. 638(j)) is amended by adding at the end the
following new paragraph:
``(4) Modifications relating to procurement center
representatives.--Upon the enactment of this paragraph, the
Administrator shall modify the policy directives issued
pursuant to this subsection to require procurement center
representatives (as described in section 15(l)) to assist small
business concerns participating in the SBIR program with
researching solicitations for the award of a Federal contract
(particularly with the Federal agency that has a funding
agreement with the concern) and to provide technical assistance
to such concerns to submit a bid for an award of a Federal
contract. The procurement center representatives shall
coordinate with the appropriate senior procurement executive
and the appropriate Director of the Office of Small and
Disadvantaged Business Utilization established pursuant to
section 15(k) for the agency letting the contract.''.
(2) STTR amendment.--Section 9(p)(2) of the Small Business
Act (15 U.S.C. 638(p)(2)) is amended--
(A) in subparagraph (E)(ii), by striking ``and'' at
the end;
(B) in subparagraph (F), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(G) procedures to ensure that procurement center
representatives (as described in section 15(l))--
``(i) assist small business concerns
participating in the STTR program with
researching applicable solicitations for the
award of a Federal contract (particularly with
the Federal agency that has a funding agreement
with the concern);
``(ii) provide technical assistance to such
concerns to submit a bid for an award of a
Federal contract; and
``(iii) coordinate with the appropriate
senior procurement executive and the
appropriate Director of the Office of Small and
Disadvantaged Business Utilization established
pursuant to section 15(k) for the Federal
agency letting the contract in providing the
assistance described in clause (i).''.
(d) Amendment to Duties of Procurement Center Representatives.--
Section 15(l)(2) of the Small Business Act (15 U.S.C. 644(l)(2)) is
amended--
(1) in subparagraph (I), by striking ``and'' at the end;
(2) by redesignating subparagraph (J) as subparagraph (L);
and
(3) by inserting after subparagraph (I) the following new
subparagraphs:
``(J) assist small business concerns participating
in a SBIR or STTR program under section 9 with
researching applicable solicitations for the award of a
Federal contract to market the research developed by
such concern under such SBIR or STTR program;
``(K) provide technical assistance to small
business concerns participating in a SBIR or STTR
program under section 9 to submit a bid for an award of
a Federal contract, including coordination with the
appropriate senior procurement executive and the
appropriate Director of the Office of Small and
Disadvantaged Business Utilization established pursuant
to subsection (k) for the agency letting the contract;
and''.
(e) Amendment to the Duties of the Director of Small and
Disadvantaged Business Utilization for Federal Agencies.--Section 15(k)
of the Small Business Act (15 U.S.C. 644(k)) is amended--
(1) in paragraph (19), by striking ``and'' at the end;
(2) in paragraph (20), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(21) shall assist small business concerns participating
in a SBIR or STTR program under section 9 with researching
applicable solicitations for the award of a Federal contract
(particularly with the Federal agency that has a funding
agreement, as defined under section 9, with the concern) to
market the research developed by such concern under such SBIR
or STTR program; and
``(22) shall provide technical assistance to small business
concerns participating in a SBIR or STTR program under section
9 to submit a bid for an award of a Federal contract, including
coordination with procurement center representatives and the
appropriate senior procurement executive for the agency letting
the contract.''.
SEC. 883. ACCELERATED PAYMENTS APPLICABLE TO CONTRACTS WITH CERTAIN
SMALL BUSINESS CONCERNS UNDER THE PROMPT PAYMENT ACT.
Section 3903(a) of title 31, United States Code, is amended--
(1) in paragraph (1)(B), by inserting ``except as provided
in paragraphs (10) and (11),'' before ``30 days'';
(2) in paragraph (8), by striking ``and'';
(3) in paragraph (9), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following new paragraphs:
``(10) for a prime contractor (as defined in section
8701(5) of title 41) that is a small business concern (as
defined under section 3 of the Small Business Act (15 U.S.C.
632)), to the fullest extent permitted by law, require that the
head of an agency establish an accelerated payment date with a
goal of 15 days after a proper invoice for the amount due is
received if a specific payment date is not established by
contract; and
``(11) for a prime contractor (as defined in section
8701(5) of title 41) that subcontracts with a small business
concern (as defined under section 3 of the Small Business Act
(15 U.S.C. 632)), to the fullest extent permitted by law,
require that the head of an agency establish an accelerated
payment date with a goal of 15 days after a proper invoice for
the amount due is received if--
``(A) a specific payment date is not established by
contract; and
``(B) such prime contractor agrees to make payments
to such subcontractor in accordance with such
accelerated payment date, to the maximum extent
practicable, without any further consideration from or
fees charged to such subcontractor.''.
SEC. 884. POSTAWARD EXPLANATIONS FOR UNSUCCESSFUL OFFERORS FOR CERTAIN
CONTRACTS.
Not later than 180 days after the date of the enactment of this
Act, the Federal Acquisition Regulation shall be revised to require
that with respect to an offer for a task order or delivery order in an
amount greater than the simplified acquisition threshold (as defined in
section 134 of title 41, United States Code) and less than or equal to
$5,500,000 issued under an indefinite delivery-indefinite quantity
contract, the contracting officer for such contract shall, upon written
request from an unsuccessful offeror, provide a brief explanation as to
why such offeror was unsuccessful that includes a summary of the
rationale for the award and an evaluation of the significant weak or
deficient factors in the offeror's offer.
SEC. 885. BRIEFING ON THE TRUSTED CAPITAL MARKETPLACE PILOT PROGRAM.
Not later than December 15, 2019, the Secretary of Defense shall
provide to the congressional defense committees a briefing on the
progress of the Trusted Capital Marketplace pilot program (Solicitation
number: CS-19-1701), to include plans for how the program will--
(1) align with critical defense requirements; and
(2) become self-sustaining.
SEC. 886. BOOTS TO BUSINESS PROGRAM.
Section 32 of the Small Business Act (15 U.S.C. 657b) is amended by
adding at the end the following new subsection:
``(h) Boots to Business Program.--
``(1) Covered individual defined.--In this subsection, the
term `covered individual' means--
``(A) a member of the Armed Forces, including the
National Guard or Reserves;
``(B) an individual who is participating in the
Transition Assistance Program established under section
1144 of title 10, United States Code;
``(C) an individual who--
``(i) served on active duty in any branch
of the Armed Forces, including the National
Guard or Reserves; and
``(ii) was discharged or released from such
service under conditions other than
dishonorable; and
``(D) a spouse or dependent of an individual
described in subparagraph (A), (B), or (C).
``(2) Establishment.--Beginning on the first October 1
after the enactment of this subsection and for the subsequent 4
fiscal years, the Administrator shall carry out a program to be
known as the `Boots to Business Program' to provide
entrepreneurship training to covered individuals.
``(3) Goals.--The goals of the Boots to Business Program
are to--
``(A) provide assistance and in-depth training to
covered individuals interested in business ownership;
and
``(B) provide covered individuals with the tools,
skills, and knowledge necessary to identify a business
opportunity, draft a business plan, identify sources of
capital, connect with local resources for small
business concerns, and start up a small business
concern.
``(4) Program components.--
``(A) In general.--The Boots to Business Program
may include--
``(i) a presentation providing exposure to
the considerations involved in self-employment
and ownership of a small business concern;
``(ii) an online, self-study course focused
on the basic skills of entrepreneurship, the
language of business, and the considerations
involved in self-employment and ownership of a
small business concern;
``(iii) an in-person classroom instruction
component providing an introduction to the
foundations of self employment and ownership of
a small business concern; and
``(iv) in-depth training delivered through
online instruction, including an online course
that leads to the creation of a business plan.
``(B) Collaboration.--The Administrator may--
``(i) collaborate with public and private
entities to develop course curricula for the
Boots to Business Program; and
``(ii) modify program components in
coordination with entities participating in a
Warriors in Transition program, as defined in
section 738(e) of the National Defense
Authorization Act for Fiscal Year 2013 (10
U.S.C. 1071 note).
``(C) Use of resource partners.--
``(i) In general.--The Administrator
shall--
``(I) ensure that Veteran Business
Outreach Centers regularly participate,
on a nationwide basis, in the Boots to
Business Program; and
``(II) to the maximum extent
practicable, use a variety of other
resource partners and entities in
administering the Boots to Business
Program.
``(ii) Grant authority.--In carrying out
clause (i), the Administrator may make grants
to Veteran Business Outreach Centers, other
resource partners, or other entities to carry
out components of the Boots to Business
Program.
``(D) Availability to department of defense.--The
Administrator shall make available to the Secretary of
Defense information regarding the Boots to Business
Program, including all course materials and outreach
materials related to the Boots to Business Program, for
inclusion on the website of the Department of Defense
relating to the Transition Assistance Program, in the
Transition Assistance Program manual, and in other
relevant materials available for distribution from the
Secretary of Defense.
``(E) Availability to veterans affairs.--In
consultation with the Secretary of Veterans Affairs,
the Administrator shall make available for distribution
and display at local facilities of the Department of
Veterans Affairs outreach materials regarding the Boots
to Business Program which shall, at a minimum--
``(i) describe the Boots to Business
Program and the services provided; and
``(ii) include eligibility requirements for
participating in the Boots to Business Program.
``(5) Report.--Not later than 180 days after the date of
the enactment of this subsection and every year thereafter, the
Administrator shall submit to the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report on the
performance and effectiveness of the Boots to Business Program,
which may be included as part of another report submitted to
such Committees by the Administrator, and which shall include--
``(A) information regarding grants awarded under
paragraph (4)(C);
``(B) the total cost of the Boots to Business
Program;
``(C) the number of program participants using each
component of the Boots to Business Program;
``(D) the completion rates for each component of
the Boots to Business Program;
``(E) to the extent possible--
``(i) the demographics of program
participants, to include gender, age, race,
relationship to military, military occupational
specialty, and years of service of program
participants;
``(ii) the number of small business
concerns formed or expanded with assistance
under the Boots to Business Program;
``(iii) the gross receipts of small
business concerns receiving assistance under
the Boots to Business Program;
``(iv) the number of jobs created with
assistance under the Boots to Business Program;
``(v) the number of referrals to other
resources and programs of the Administration;
``(vi) the number of program participants
receiving financial assistance under loan
programs of the Administration;
``(vii) the type and dollar amount of
financial assistance received by program
participants under any loan program of the
Administration; and
``(viii) results of participant
satisfaction surveys, including a summary of
any comments received from program
participants;
``(F) an evaluation of the effectiveness of the
Boots to Business Program in each region of the
Administration during the most recent fiscal year;
``(G) an assessment of additional performance
outcome measures for the Boots to Business Program, as
identified by the Administrator;
``(H) any recommendations of the Administrator for
improvement of the Boots to Business Program, which may
include expansion of the types of individuals who are
covered individuals;
``(I) an explanation of how the Boots to Business
Program has been integrated with other transition
programs and related resources of the Administration
and other Federal agencies; and
``(J) any additional information the Administrator
determines necessary.''.
SEC. 887. MODIFICATIONS TO BUDGET DISPLAY REQUIREMENTS FOR THE
DEPARTMENT OF DEFENSE SMALL BUSINESS INNOVATION RESEARCH
PROGRAM AND SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM.
Section 857 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1891) is
amended--
(1) in subsection (a)--
(A) by inserting ``Under Secretary of Defense
(Comptroller) and the'' before ``Under Secretary of
Defense for Research and Engineering''; and
(B) by striking ``a budget display'' and inserting
``one or more budget displays'';
(2) in subsection (b), by striking ``The budget display''
and inserting ``The budget displays''; and
(3) in subsection (d), by striking ``The budget display''
and inserting ``The budget displays''.
SEC. 888. SMALL BUSINESS CONTRACTING CREDIT FOR SUBCONTRACTORS THAT ARE
PUERTO RICO BUSINESSES.
Section 15(x)(1) of the Small Business Act (15 U.S.C. 644(x)(1)) is
amended--
(1) by inserting ``, or a prime contractor awards a
subcontract (at any tier) to a subcontractor that is a Puerto
Rico business,'' after ``Puerto Rico business'';
(2) by inserting ``or subcontract'' after ``the contract'';
and
(3) by striking ``subsection (g)(1)(A)(i)'' and inserting
``subsection (g)(1)(A)''.
SEC. 889. SMALL BUSINESS CONTRACTING CREDIT FOR CERTAIN SMALL
BUSINESSES LOCATED IN UNITED STATES TERRITORIES.
Section 15(x) of the Small Business Act (15 U.S.C. 644(x)) is
amended--
(1) in the subsection heading, by inserting ``and Covered
Territory Businesses'' after ``Puerto Rico Businesses'';
(2) in paragraph (1), by inserting ``or a covered territory
business'' after ``Puerto Rico business''; and
(3) by adding at the end the following new paragraph:
``(3) Covered territory business defined.--In this
subsection, the term `covered territory business' means a small
business concern that has its principal office located in one
of the following:
``(A) The United States Virgin Islands.
``(B) American Samoa.
``(C) Guam.
``(D) The Northern Mariana Islands.''.
Subtitle G--Other Matters
SEC. 891. REQUIREMENT TO USE MODELS OF COMMERCIAL E-COMMERCE PORTAL
PROGRAM.
(a) In General.--Before the award of a final contract to a
commercial e-commerce portal provider pursuant to section 846 of the
National Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 41 U.S.C. 1901 note), the Administrator of General Services
shall establish a five-year program to test the three models for
commercial e-commerce portals identified in section 4.1 of
``Procurement Through Commercial E-Commerce Portals Phase II Report:
Market Research & Consultation'' issued by the Administrator in April
2019.
(b) Analysis.--The Administrator shall conduct an analysis of the
use of the three models described in subsection (a) to determine which
model is the most effective for procurement through commercial e-
commerce portals.
SEC. 892. REPORT AND DATABASE ON ITEMS MANUFACTURED IN THE UNITED
STATES FOR MAJOR DEFENSE ACQUISITION PROGRAMS.
(a) Sense of Congress.--It is the sense of Congress that any
equipment or products purchased for major defense acquisition programs
(as defined in section 2430 of title 10, United States Code) should be
manufactured in the United States substantially all from articles,
materials, or supplies mined, produced, or manufactured in the United
States, and that any such equipment or products purchased by any entity
of the Department of Defense should be American-made, provided that
American-made equipment and products are of a quality similar to that
of competitive offers and are available in a timely manner to meet
mission requirements.
(b) In General.--Chapter 144 of title 10, United States Code, is
amended by inserting after section 2436 the following new section:
``Sec. 2436a. Major defense acquisition programs: report and database
on items manufactured in the United States
``(a) Report.--Beginning not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees an annual report on the percentage of
any items procured in connection with a major defense acquisition
program that are manufactured in the United States substantially all
from articles, materials, or supplies mined, produced, or manufactured
in the United States.
``(b) Database.--The Secretary of Defense shall establish a
database for information related to items described in the report
required under subsection (a) that can be used for continuous data
analysis to inform acquisition decisions relating to major defense
acquisition programs.''.
(c) Clerical Amendment.--The table of section at the beginning of
such chapter is amended by inserting after the item relating to section
2436 the following new item:
``2436a. Major defense acquisition programs: report and database on
items manufactured in the United States.''.
SEC. 893. REQUIREMENTS RELATING TO SELECTED ACQUISITION REPORTS.
(a) Inapplicability of Termination of Report Submittal to
Congress.--
(1) In general.--Selected Acquisition Reports required by
section 2432 of title 10, United States Code, shall not
constitute reports covered by subsection (b) of section 1080 of
the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 1000; 10 U.S.C. 111 note), and
their submittal to Congress as required by such section 2432
shall not be terminated by operation of subsection (a) of such
section 1080.
(2) Conforming amendment.--Effective on December 30, 2021,
section 1051(x) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1567) is amended
by striking paragraph (4).
(b) Form of Selected Acquisition Reports.--Section 2432 of title
10, United States Code, is amended by adding at the end the following
new subsection:
``(i) A report required under this section shall be submitted in
unclassified form without any designation relating to dissemination
control, but may contain a classified annex.''.
(c) Report on Alternative Methodology.--The Secretary of Defense
shall include with the budget for fiscal year 2021, as submitted to
Congress pursuant to section 1105(a) of title 31, United States Code, a
report proposing an alternative methodology for providing status
reports on major defense acquisition programs and other acquisition
activities, including programs carried out under section 804 of the
National Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 10 U.S.C. 2302 note), where such status reports shall include
information on--
(1) scheduled and completed cybersecurity tests of software
acquired through a program covered by the status report,
including assessments on cooperative vulnerability and
penetration and adversarial assessments;
(2) software development metrics, including initial and
most recent estimates of the projected value, sizing, schedule,
and level of effort for software acquired through a program
covered by the status report; and
(3) quality metrics for software acquired through a program
covered by the status report.
(d) Guidance on Cybersecurity Tests.--With respect to cybersecurity
tests included in the alternative methodology report described in
subsection (c)(1), the Secretary of Defense, in coordination with the
Director of Operational Test and Evaluation, shall develop policies on
the selection of cybersecurity tests, methods to consistently describe
the cybersecurity tests, and methods to associate cybersecurity tests
with a component part of a system or a version of the software tested.
SEC. 894. CONTRACTOR SCIENCE, TECHNOLOGY, ENGINEERING, AND MATH
PROGRAMS.
(a) In General.--Section 862 of National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-181; 125 Stat. 1521; 10 U.S.C.
note prec. 2191) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1)--
(A) by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Research and
Engineering''; and
(B) by striking ``ensure that Department of Defense
contractors'' and inserting ``encourage Department of
Defense contractors to''; and
(2) by amending subsection (b) to read as follows:
``(b) Allowable Cost.--The cost of participating in activities
described in subsection (a) to a Department of Defense contractor shall
be deemed to be an allowable cost under a contract between the
contractor and the Department of Defense.''.
(b) Implementation.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall issue such rules
or guidance necessary to implement the amendments made by this section.
SEC. 895. EXTENSION OF SUNSET RELATING TO FEDERAL DATA CENTER
CONSOLIDATION INITIATIVE.
Subsection (e) of section 834 of the National Defense Authorization
Act for Fiscal Year 2015 (44 U.S.C. 3601 note) is amended by striking
``2020'' and inserting ``2022''.
SEC. 896. REQUIREMENTS RELATING TO CERTAIN RAIL ROLLING STOCK
PROCUREMENTS AND OPERATIONS.
(a) Limitation on Certain Rail Rolling Stock Procurements.--Section
5323 of title 49, United States Code, is amended by adding at the end
the following:
``(u) Limitation on Certain Rail Rolling Stock Procurements.--
``(1) In general.--Except as provided in paragraph (5),
financial assistance made available under this chapter shall
not be used in awarding a contract or subcontract to an entity
on or after the date of enactment of this subsection for the
procurement of rail rolling stock for use in public
transportation if the manufacturer of the rail rolling stock--
``(A) is incorporated in or has manufacturing
facilities in the United States; and
``(B) is owned or controlled by, is a subsidiary
of, or is otherwise related legally or financially to a
corporation based in a country that--
``(i) is identified as a nonmarket economy
country (as defined in section 771(18) of the
Tariff Act of 1930 (19 U.S.C. 1677(18))) as of
the date of enactment of this subsection;
``(ii) was identified by the United States
Trade Representative in the most recent report
required by section 182 of the Trade Act of
1974 (19 U.S.C. 2242) as a priority foreign
country under subsection (a)(2) of that
section; and
``(iii) is subject to monitoring by the
Trade Representative under section 306 of the
Trade Act of 1974 (19 U.S.C. 2416).
``(2) Exception.--For purposes of paragraph (1), the term
`otherwise related legally or financially' does not include a
minority relationship or investment.
``(3) International agreements.--This subsection shall be
applied in a manner consistent with the obligations of the
United States under international agreements.
``(4) Certification for rail rolling stock.--
``(A) In general.--Except as provided in paragraph
(5), as a condition of financial assistance made
available in a fiscal year under section 5337, a
recipient that operates rail fixed guideway service
shall certify in that fiscal year that the recipient
will not award any contract or subcontract for the
procurement of rail rolling stock for use in public
transportation with a rail rolling stock manufacturer
described in paragraph (1).
``(B) Separate certification.--The certification
required under this paragraph shall be in addition to
any certification the Secretary establishes to ensure
compliance with the requirements of paragraph (1).
``(5) Exception.--This subsection, including the
certification requirement under paragraph (4), shall not apply
to the award of a contract or subcontract made by a public
transportation agency with a rail rolling stock manufacturer
described in paragraph (1) if the manufacturer and the public
transportation agency have a contract for rail rolling stock
that was executed before the date of enactment of this
subsection.''.
(b) Cybersecurity Certification for Rail Rolling Stock and
Operations.--Section 5323 of title 49, United States Code, as amended
by subsection (a), is amended by adding at the end the following:
``(v) Cybersecurity Certification for Rail Rolling Stock and
Operations.--
``(1) Certification.--As a condition of financial
assistance made available under this chapter, a recipient that
operates a rail fixed guideway public transportation system
shall certify that the recipient has established a process to
develop, maintain, and execute a written plan for identifying
and reducing cybersecurity risks.
``(2) Compliance.--For the process required under paragraph
(1), a recipient of assistance under this chapter shall--
``(A) utilize the approach described by the
voluntary standards and best practices developed under
section 2(c)(15) of the National Institute of Standards
and Technology Act (15 U.S.C. 272(c)(15)), as
applicable;
``(B) identify hardware and software that the
recipient determines should undergo third-party testing
and analysis to mitigate cybersecurity risks, such as
hardware or software for rail rolling stock under
proposed procurements; and
``(C) utilize the approach described in any
voluntary standards and best practices for rail fixed
guideway public transportation systems developed under
the authority of the Secretary of Homeland Security, as
applicable.
``(3) Limitations on statutory construction.--Nothing in
this subsection shall be construed to interfere with the
authority of--
``(A) the Secretary of Homeland Security to publish
or ensure compliance with requirements or standards
concerning cybersecurity for rail fixed guideway public
transportation systems; or
``(B) the Secretary of Transportation under section
5329 to address cybersecurity issues as those issues
relate to the safety of rail fixed guideway public
transportation systems.''.
SEC. 897. PROHIBITION ON CONTRACTING WITH PERSONS THAT HAVE BUSINESS
OPERATIONS WITH THE MADURO REGIME.
(a) Prohibition.--Except as provided under subsections (c), (d),
and (e), the Department of Defense may not enter into a contract for
the procurement of goods or services with any person that has business
operations with an authority of the Government of Venezuela that is not
recognized as the legitimate Government of Venezuela by the United
States Government.
(b) Definitions.--In this section:
(1) Business operations.--The term ``business operations''
means engaging in commerce in any form, including acquiring,
developing, maintaining, owning, selling, possessing, leasing,
or operating equipment, facilities, personnel, products,
services, personal property, real property, or any other
apparatus of business or commerce.
(2) Government of venezuela.--(A) The term ``Government of
Venezuela'' includes the government of any political
subdivision of Venezuela, and any agency or instrumentality of
the Government of Venezuela.
(B) For purposes of subparagraph (A), the term ``agency or
instrumentality of the Government of Venezuela'' means an
agency or instrumentality of a foreign state as defined in
section 1603(b) of title 28, United States Code, with each
reference in such section to ``a foreign state'' deemed to be a
reference to ``Venezuela''.
(3) Person.--The term ``person'' means--
(A) a natural person, corporation, company,
business association, partnership, society, trust, or
any other nongovernmental entity, organization, or
group;
(B) any governmental entity or instrumentality of a
government, including a multilateral development
institution (as defined in section 1701(c)(3) of the
International Financial Institutions Act (22 U.S.C.
262r(c)(3))); and
(C) any successor, subunit, parent entity, or
subsidiary of, or any entity under common ownership or
control with, any entity described in subparagraph (A)
or (B).
(c) Exceptions.--
(1) In general.--The prohibition under subsection (a) does
not apply to a contract that the Secretary of Defense and the
Secretary of State jointly determine--
(A) is necessary--
(i) for purposes of providing humanitarian
assistance to the people of Venezuela,
(ii) for purposes of providing disaster
relief and other urgent life-saving measures;
or
(iii) to carry out noncombatant
evacuations; or
(B) is vital to the national security interests of
the United States.
(2) Notification requirement.--The Secretary of Defense
shall notify the congressional defense committees, the
Committee on Foreign Affairs of the House of Representatives,
and the Committee on Foreign Relations of the Senate of any
contract entered into on the basis of an exception provided for
under paragraph (1).
(d) Office of Foreign Assets Control Licenses.--The prohibition in
subsection (a) shall not apply to a person that has a valid license to
operate in Venezuela issued by the Office of Foreign Assets Control.
(e) American Diplomatic Mission in Venezuela.--The prohibition in
subsection (a) shall not apply to contracts related to the operation
and maintenance of the United States Government's consular offices and
diplomatic posts in Venezuela.
(f) Applicability.--This section shall apply with respect to any
contract entered into on or after the date of the enactment of this
section.
SEC. 898. REPORT ON COST GROWTH OF MAJOR DEFENSE ACQUISITIONS PROGRAMS.
The Comptroller General shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of the House
of Representatives a report analyzing cost growth of major defense
acquisition programs (as defined in section 2430 of title 10, United
States Code) during the 15 fiscal years preceding the date of the
enactment of this Act.
SEC. 899. INCLUSION OF OPERATIONAL ENERGY PROJECTS FOR USES OF ENERGY
COST SAVINGS.
Section 2912(b)(1) of title 10, United States Code, is amended by
inserting ``operational energy projects,'' after ``including''.
SEC. 899A. REPORT AND STRATEGY ON TERMINATED FOREIGN CONTRACTS.
(a) 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 contracts performed in foreign countries for which the contract was
terminated for convenience because of actions taken by the government
of, or an entity located in, the foreign country that impeded the
ability of the contractor to perform the contract. Such report shall
include, for each contract so terminated--
(1) the specific contract type;
(2) the good or service that is the subject of the
contract;
(3) the contracting entity within the Department of
Defense;
(4) the annual and total value of the contract;
(5) the foreign countries involved in implementing the
contract;
(6) an identification of the government of, or entity
located in, the foreign country that impeded the ability of the
contractor to perform the contract;
(7) the rationale, if any, for impeding the ability of the
contractor to perform the contract, and an analysis of whether
the rationale contradicted and requirements of the Federal
Acquisition Regulation;
(8) the increased costs incurred by the Department of
Defense because of the termination; and
(9) any additional information, as determined by the
Secretary.
(b) Strategy.--The Secretary of Defense, in collaboration with the
Secretary of State, shall develop a strategy and accompanying
guidelines for contractors and other Federal Government employees
involved in the performance of Department of Defense contracts in
foreign countries to ensure such contracts are not subject to
interference, contract meddling, or favoritism by government of, or an
entity located in, the foreign country. 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 strategy and accompanying
guidelines.
SEC. 899B. INDIVIDUAL ACQUISITION FOR COMMERCIAL LEASING SERVICES.
(a) Extension.--Section 877(c) of the John S. McCain National
Defense Authorization Act For Fiscal Year 2019 (41 U.S.C. 3302 note) is
amended by striking ``2022'' and inserting ``2025''.
(b) Audit.--Section 887(b)(1) of such Act is amended by striking
``biennial audits'' and inserting ``audits every five years''.
SEC. 899C. PROHIBITION ON CONTRACTING WITH ENTITIES LACKING A SEXUAL
HARASSMENT POLICY.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall revise the
Defense Federal Acquisition Regulation Supplement to state that the
policy of the Department of Defense is that the Secretary of Defense
may enter into a contract only with an entity that has an employee
policy penalizing instances of sexual harassment.
(b) Debarment.--If an entity that does not have an employee policy
penalizing instances of sexual harassment seeks to enter into a
contract with the Department of Defense, the Secretary of Defense shall
initiate a debarment proceeding in accordance with procedures in the
Federal Acquisition Regulation against such entity.
SEC. 899D. DOMESTIC PRODUCTION OF SMALL UNMANNED AIRCRAFT SYSTEMS.
The Secretary of Defense shall take such action as necessary to
strengthen the domestic production of small unmanned aircraft systems
(as defined in section 331 of the FAA Modernization and Reform Act of
2012 (Public Law 112-95; 49 U.S.C. 44802 note)), as described under
Presidential Determination No. 2019-13 of June 10, 2019.
SEC. 899E. PROHIBITION ON CONTRACTING WITH PERSONS WITH WILLFUL OR
REPEATED VIOLATIONS OF THE FAIR LABOR STANDARDS ACT OF
1938.
The head of a Federal department or agency (as defined in section
102 of title 40, United States Code) shall initiate a debarment
proceeding with respect to a person for whom information regarding a
willful or repeated violation of the Fair Labor Standards Act of 1938
(29 U.S.C. 201 et seq.) as determined by a disposition described under
subsection (c)(1) of section 2313 of title 41, United States Code, is
included in the database established under subsection (a) of such
section.
SEC. 899F. COMPTROLLER GENERAL REPORT ON CONTRACTOR VIOLATIONS OF
CERTAIN LABOR LAWS.
Not later than 180 days after the date of the enactment of this
Act, the Comptroller of the United States shall submit a report to
Congress on the number of contractors--
(1) that performed a contract with the Department of
Defense during the five-year period preceding the date of the
enactment of this Act; and
(2) that have been found by the Department of Labor to have
committed willful or repeat violations of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) or the
Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), and
the nature of the violations committed.
SEC. 899G. REESTABLISHMENT OF COMMISSION ON WARTIME CONTRACTING.
(a) In General.--There is hereby reestablished in the legislative
branch under section 841 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 230) the Commission on
Wartime Contracting.
(b) Amendment to Duties.--Section 841(c)(1) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
231) is amended to read as follows:
``(1) General duties.--The Commission shall study the
following matters:
``(A) Federal agency contracting funded by overseas
contingency operations funds.
``(B) Federal agency contracting for the logistical
support of coalition forces operating under the
authority of the 2001 or 2002 Authorization for the Use
of Military Force.
``(C) Federal agency contracting for the
performance of security functions in countries where
coalition forces operate under the authority of the
2001 or 2002 Authorization for the Use of Military
Force''.
(c) Conforming Amendments.--Section 841 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
230) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``the Committee
on Oversight and Government Reform'' each place it
appears and inserting ``the Committee on Oversight and
Reform'';
(B) in paragraph (2), by striking ``of this Act''
and inserting ``of the Wartime Contracting Commission
Reauthorization Act of 2019''; and
(C) in paragraph (4), by striking ``was first
established'' each place it appears and inserting ``was
reestablished by the Wartime Contracting Commission
Reauthorization Act of 2019''; and
(2) in subsection (d)(1), by striking ``On March 1, 2009''
and inserting ``Not later than one year after the date of
enactment of the Wartime Contracting Commission Reauthorization
Act of 2019''.
SEC. 899H. FEDERAL CONTRACTOR DISCLOSURE OF UNPAID FEDERAL TAX
LIABILITY.
Section 2313(c) of title 41, United States Code, is amended by
adding at the end the following:
``(9) Any unpaid Federal tax liability of the person, but
only to the extent all judicial and administrative remedies
have been exhausted or have lapsed with respect to the Federal
tax liability.''.
SEC. 899I. UNIFORMITY IN APPLICATION OF MICRO-PURCHASE THRESHOLD TO
CERTAIN TASK OR DELIVERY ORDERS.
Section 4106(c) of title 41, United States Code, is amended by
striking ``$2,500'' and inserting ``the micro-purchase threshold under
section 1902 of this title''.
SEC. 899J. PILOT PROGRAM ON PAYMENT OF COSTS FOR DENIED GOVERNMENT
ACCOUNTABILITY OFFICE BID PROTESTS.
Section 827 of the National Defense Authorization Act for Fiscal
Year 2018 (10 U.S.C. 2304 note) is amended--
(1) in subsection (a)--
(A) by inserting ``direct'' before ``costs
incurred''; and
(B) by striking ``in processing'' and inserting
``by the Department in support of hearings to
adjudicate''; and
(2) in subsection (b), by striking ``two years after the
date of the enactment of this Act'' and inserting ``60 days
after the Secretary of Defense certifies in writing to the
congressional defense committees that the Department of Defense
has business systems that have been independently audited and
that can accurately identify the direct costs incurred by the
Department of Defense in support of hearings to adjudicate
covered protests''.
SEC. 899K. REQUIREMENT FOR CONTRACTORS TO REPORT GROSS VIOLATIONS
INTERNATIONALLY RECOGNIZED HUMAN RIGHTS.
(a) In General.--A contractor performing a Department of Defense
contract in a foreign country shall report possible cases of gross
violations of internationally recognized human rights to the Secretary
of Defense.
(b) Report.--Not later than 180 days after the enactment of this
Act, the Secretary of Defense, with the concurrence of the Secretary of
State, shall submit to the appropriate congressional committees a
report that describes--
(1) the policies and procedures in place to obtain
information about possible cases of gross violations of
internationally recognized human rights from contractors
described in subsection (a); and
(2) the resources needed to investigate reports made
pursuant to subsection (a).
(c) Form of Report.--The report required by subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--the term
``appropriate congressional committees'' means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives.
(2) Gross violations of internationally recognized human
rights.--The term ``gross violations of internationally
recognized human rights'' means torture or cruel, inhuman, or
degrading treatment or punishment, prolonged detention without
charges and trial, causing the disappearance of persons by the
abduction and clandestine detention of those persons, child
sexual assault, and other flagrant denial of the right to life,
liberty, or the security of person.
SEC. 899L. CONGRESSIONAL OVERSIGHT OF PRIVATE SECURITY CONTRACTOR
CONTRACTS.
(a) Report of Certain Contracts and Task Orders.--
(1) Requirement regarding contracts and task orders.--The
Inspector General of the Department of Defense shall compile a
report of the work performed or to be performed under a covered
contract during the period beginning on October 1, 2001, and
ending on the last day of the month during which this Act is
enacted for work performed or work to be performed in areas of
contingency operations.
(2) Form of submissions.--The report required by paragraph
(1) shall be submitted in unclassified form, to the maximum
extent possible, but may contain a classified annex, if
necessary.
(b) Reports on Contracts for Work To Be Performed in Areas of
Contingency Operations and Other Significant Military Operations.--The
Inspector General of the Department of Defense shall submit to each
specified congressional committee a report not later than 60 days after
the date of the enactment of this Act that contains the following
information:
(1) The number of civilians performing work in areas of
contingency operations under covered contracts.
(2) The total cost of such covered contracts.
(3) The total number of civilians who have been wounded or
killed in performing work under such covered contracts.
(4) A description of the disciplinary actions that have
been taken against persons performing work under such covered
contracts by the contractor, the United States Government, or
the government of any country in which the area of contingency
operations is located.
(c) Definitions.--In this section:
(1) Covered contract.--The term ``covered contract'' means
a contract for private security entered into by the Secretary
of Defense in an amount greater than $5,000,000.
(2) Contingency operation.--The term ``contingency
operation'' has the meaning provided by section 101(a)(13) of
title 10, United States Code.
(3) Specified congressional committees.--The term
``specified congressional committees'' means the Committees on
Armed Services of the Senate and the House of Representatives.
SEC. 899M. GAO REPORT ON CONTRACTING PRACTICES OF THE CORPS OF
ENGINEERS.
(a) Study Required.--The Comptroller General of the United States
shall conduct a study on the contracting practices of the Corps of
Engineers, with a specific focus on how the Corps of Engineers complies
with and enforces the requirement to pay prevailing wages on federally
financed construction jobs, as required by subchapter IV of chapter 31
of title 40, United States Code (commonly referred to as the Davis-
Bacon Act). The study shall consider the following:
(1) Any programs or protocols the Corps of Engineers has in
place for the purpose of carrying out its Davis-Bacon Act
enforcement obligations as set forth in the Federal Acquisition
Regulation.
(2) Any programs or protocols the Corps of Engineers has in
place for the purpose of identifying and addressing independent
contractor misclassification on projects subject to the Davis-
Bacon Act.
(3) The frequency with which the Corps of Engineers
conducts site visits on each covered project to monitor Davis-
Bacon Act compliance.
(4) The frequency with which the Corps of Engineers
monitors certified payroll reports submitted by contractors and
subcontractors on each covered project.
(5) Whether the Corps of Engineers accepts and investigates
complaints of Davis-Bacon Act violations submitted by third
parties, such as contractors and workers' rights organizations.
(6) Whether the Corps of Engineers maintains a database
listing all contractors and subcontractors who have, in one way
or another, violated the Davis-Bacon Act and whether the Corps
consults this database as part of its contract award process.
(7) The frequency, over the last five years, with which the
Corps of Engineers penalized, disqualified, terminated, or
moved for debarment of a contractor for Davis-Bacon violations.
(8) How the Corps of Engineers verifies that the
contractors it hires for its projects are properly licensed.
(b) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Education and Labor, the Committee on
Armed Services, and the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Health, Education,
Labor, and Pensions, the Committee on Armed Services, and the Committee
on Commerce, Science, and Transportation of the Senate a report that
summarizes the results of the study required under subsection (a),
together with any recommendations for legislative or regulatory action
that would improve the efforts of enforcing the requirement to pay
prevailing wages on federally financed construction jobs.
SEC. 899N. COMPTROLLER GENERAL REPORT ON DEFENSE BUSINESS PROCESSES.
The Comptroller General of the United States shall submit to the
congressional defense committees a report on the use of defense
business processes (as described under section 2222 of title 10, United
States Code) that includes--
(1) an analysis of the extent to which the Department of
Defense is developing a culture that recognizes the importance
of business processes to achieving operational success;
(2) an analysis of the extent to which the Department of
Defense components are implementing business process
reengineering initiatives necessary to achieving improved
financial management;
(3) an analysis of the quality of financial management
training provided to employees of the Department; and
(4) an identification of the steps taken by the Department
of the Defense to institutionalize a culture that recognizes
the importance of financial management.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
SEC. 901. UPDATE OF AUTHORITIES RELATING TO NUCLEAR COMMAND, CONTROL,
AND COMMUNICATIONS.
(a) Duties and Powers of Under Secretary of Defense for Acquisition
and Sustainment.--Section 133b(b) of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (4), (5), (6), and (7) as
paragraphs (5), (6), (7), and (8), respectively;
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) establishing policies for, and providing oversight,
guidance, and coordination for, nuclear command and control
systems;''; and
(3) in paragraph (6), as so redesignated, by inserting
after ``overseeing the modernization of nuclear forces'' the
following: ``, including the nuclear command, control, and
communications system,''.
(b) Chief Information Officer.--Section 142(b)(1) of such title is
amended--
(1) by striking subparagraph (G); and
(2) by redesignating subparagraphs (H) and (I) as
subparagraphs (G) and (H), respectively.
Subtitle B--Other Department of Defense Organization and Management
Matters
SEC. 911. CODIFICATION OF ASSISTANT SECRETARIES FOR ENVIRONMENT,
INSTALLATIONS, AND ENERGY OF THE ARMY, NAVY, AND AIR
FORCE.
(a) Assistant Secretary of the Army.--Section 7016(b) of title 10,
United States Code, is amended by adding at the end the following new
paragraph:
``(6)(A) One of the Assistant Secretaries shall be the Assistant
Secretary for Installations, Energy, and Environment.
``(B) The principal duty of the Assistant Secretary for
Installations, Energy, and Environment shall be the overall supervision
of installation, energy, and environment matters for the Department of
the Army.''.
(b) Assistant Secretary of the Navy.--Section 8016(b) of title 10,
United States Code, is amended by adding at the end the following new
paragraph:
``(5)(A) One of the Assistant Secretaries shall be the Assistant
Secretary for Energy, Installations, and Environment.
``(B) The principal duty of the Assistant Secretary for Energy,
Installations, and Environment shall be the overall supervision of
installation, energy, and environment matters for the Department of the
Navy.''.
(c) Assistant Secretary of the Air Force.--Section 9016(b) of title
10, United States Code, is amended by adding at the end the following
new paragraph:
``(5)(A) One of the Assistant Secretaries shall be the Assistant
Secretary for Installations, Environment, and Energy.
``(B) The principal duty of the Assistant Secretary for
Installations, Environment, and Energy shall be the overall supervision
of installation, energy, and environment matters for the Department of
the Air Force.''.
SEC. 912. LIMITATION ON AVAILABILITY OF FUNDS FOR CONSOLIDATION OF
DEFENSE MEDIA ACTIVITY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Defense Media Activity serves as a premier
broadcasting and production center for America's servicemembers
and their families worldwide; and
(2) as the Department of Defense considers relocating some
or all of the functions of the Defense Media Activity, Congress
must have the opportunity to consider the impact and scope that
such a decision would have on the Department's ability to meet
its current warfighting capabilities and ensure that the
Defense Media Activity does not consolidate its facilities at
the expense of satisfying its current mission requirements.
(b) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2020 or any
subsequent fiscal year for the Department of Defense may be used to
consolidate the Defense Media Activity until a period of 180 days has
elapsed following the date on which the Secretary of Defense submits
the report required under subsection (c).
(c) Report Required.--The Secretary of Defense shall submit to the
congressional defense committees a report that includes the following:
(1) Any current or future plans to restructure, reduce, or
eliminate the functions, personnel, facilities, or capabilities
of the Defense Media Activity, including the timelines
associated with such plans.
(2) Any modifications that have been made, or that may be
made, to personnel compensation or funding accounts in
preparation for, or in response to, efforts to consolidate the
Defense Media Activity.
(3) Any contractual agreements that have been entered into
to consolidate or explore the consolidation of the Defense
Media Activity.
(4) Any Department of Defense directives or Administration
guidance relating to efforts to consolidate the Defense Media
Activity, including any directives or guidance intended to
inform or instruct such efforts.
(d) Consolidate Defined.--In this section, the term
``consolidate'', means any action to reduce or limit the functions,
personnel, facilities, or capabilities of the Defense Media Activity,
including entering into contracts or developing plans for such
reduction or limitation.
SEC. 913. MODERNIZATION OF CERTAIN FORMS AND SURVEYS.
(a) Study.--The Secretary of Defense shall conduct a study to
identify each form and survey of the Department of Defense, in use on
the date of the enactment of this Act, that contains a term or
classification that the Secretary determines may be considered racially
or ethnically insensitive.
(b) Reports.--
(1) Interim reports.--On the date that is 90 days after the
date of the enactment of this Act, and on the date that is 180
days after such date of enactment, the Secretary shall submit
to the Committees on Armed Services of the House of
Representatives and the Senate a report on the status of the
study conducted under subsection (a).
(2) Final report.--Not later than one year after the date
of the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a report on the results of the study conducted
under subsection (a) that includes--
(A) a list of each form and survey identified under
such study; and
(B) a plan for modernizing the terms and
classifications contained in such forms and surveys,
including legislative recommendations.
(c) Modernization Required.--Not later than 18 months after the
date of the enactment of this Act, the Secretary shall carry out the
plan included in the report submitted under subsection (b).
Subtitle C--Space Matters
PART 1--UNITED STATES SPACE CORPS
SEC. 921. ESTABLISHMENT OF UNITED STATES SPACE CORPS IN THE DEPARTMENT
OF THE AIR FORCE.
(a) Establishment.--Part I of subtitle D of title 10, United States
Code, is amended by adding at the end the following new chapter:
``CHAPTER 909--THE SPACE CORPS
``Sec.
``9091. Establishment of the Space Corps.
``9093. Commandant of the Space Corps.
``9095. Officer career field for space.
``Sec. 9091. Establishment of the Space Corps
``(a) Establishment.--There is established a United States Space
Corps as an armed force within the Department of the Air Force.
``(b) Composition.--(1) The Space Corps shall be composed of the
following:
``(A) The Commandant of the Space Corps.
``(B) The space forces and such assets as may be organic
therein.
``(2)(A) The space forces specified in paragraph (1)(B) shall
include the personnel and assets of the Air Force transferred to the
Space Corps pursuant to the National Defense Authorization Act for
Fiscal Year 2020.
``(B) The space forces specified in paragraph (1)(B) may not
include the personnel or assets of the National Reconnaissance Office
or the National Geospatial-Intelligence Agency. Nothing in this section
shall affect the authorities, duties, or responsibilities of the
Director of the National Reconnaissance Office and the Director of the
National Geospatial-Intelligence Agency, including with respect to the
authority of each such Director to--
``(i) carry out the research, development, test, and
evaluation and procurement of satellites and user satellite
terminals of the Defense Agency of the Director;
``(ii) operate such terminals; and
``(iii) develop requirements to ensure that the space
programs of the Department of Defense support the mission of
the Director.
``(c) Functions.--The Space Corps shall be organized, trained, and
equipped to provide--
``(1) freedom of operation for the United States in, from,
and to space; and
``(2) prompt and sustained space operations.
``(d) Duties.--It shall be the duty of the Space Corps to--
``(1) protect the interests of the United States in space;
``(2) deter aggression in, from, and to space; and
``(3) conduct space operations.
``(e) Acquisition System.--(1) The Secretary of the Air Force may
establish a separate, alternative acquisition system for defense space
acquisitions, including with respect to procuring space vehicles,
ground segments relating to such vehicles, and satellite terminals,
pursuant to the plan specified in paragraph (2).
``(2) The Deputy Secretary of Defense shall develop the plan, and
submit such plan to the congressional defense committees, under section
1601(b) of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2103).
``(3) The alternative acquisition system under paragraph (1) shall
cover defense space acquisitions except with respect to the National
Reconnaissance Office and other elements of the Department of Defense
that are elements of the intelligence community (as defined in section
3 of the National Security Act of 1947 (50 U.S.C. 3003)).
``(f) Personnel Development.--(1) The Secretary may ensure the
quality of the members of the Space Corps pursuant to the plan
specified in paragraph (2) and section 9095 of this title.
``(2) The Secretary shall develop the plan, and submit such plan to
the congressional defense committees, under section 1601(c) of the John
S. McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 2103).
``(3) In carrying out paragraph (1), the Secretary shall address
the following:
``(A) Managing the career progression of members of the
Space Corps and civilian employees of the Space Corps
throughout the military or civilian career of the member or the
employee, as the case may be, including with respect to--
``(i) defining career professional milestones;
``(ii) pay and incentive structures;
``(iii) the management and oversight of the Space
Corps;
``(iv) training relating to planning and executing
warfighting missions and operations in space;
``(v) conducting periodic Space Corps-wide
professional assessments to determine how the Space
Corps is developing as a group; and
``(vi) establishing a centralized method to control
personnel assignments and distribution.
``(B) The identification of future space-related career
fields that the Secretary determines appropriate, including a
space acquisition career field.
``(C) The identification of any overlap that exists among
operations and acquisitions career fields to determine
opportunities for cross-functional career opportunities.
``Sec. 9093. Commandant of the Space Corps
``(a) Appointment.--(1) There is a Commandant of the Space Corps,
appointed by the President, by and with the advice and consent of the
Senate, from the general officers of the Air Force. The Commandant
serves at the pleasure of the President.
``(2) The Commandant shall be appointed for a term of four years.
In time of war or during a national emergency declared by Congress, the
Commandant may be reappointed for a term of not more than four years.
``(b) Grade.--The Commandant, while so serving, has the grade of
general without vacating the permanent grade of the officer.
``(c) Relationship to the Secretary of the Air Force.--Except as
otherwise prescribed by law and subject to section 9013(f) of this
title, the Commandant performs the duties of such position under the
authority, direction, and control of the Secretary of the Air Force and
is directly responsible to the Secretary.
``(d) Duties.--Subject to the authority, direction, and control of
the Secretary of the Air Force, the Commandant shall--
``(1) exercise supervision, consistent with the authority
assigned to commanders of unified or specified combatant
commands under chapter 6 of this title, over such of the
members and organizations of the Space Corps as the Secretary
determines; and
``(2) perform such other military duties, not otherwise
assigned by law, as are assigned to the Commandant by the
President, the Secretary of Defense, or the Secretary of the
Air Force.
``(e) Joint Chiefs of Staff.--(1) The Commandant shall also perform
the duties prescribed for the Commandant as a member of the Joint
Chiefs of Staff under section 151 of this title.
``(2) To the extent that such action does not impair the
independence of the Commandant in the performance of the duties of the
Commandant as a member of the Joint Chiefs of Staff, the Commandant
shall inform the Secretary of the Air Force regarding military advice
rendered by members of the Joint Chiefs of Staff on matters affecting
the Department of the Air Force.
``(3) Subject to the authority, direction, and control of the
Secretary of Defense, the Commandant shall keep the Secretary of the
Air Force fully informed of significant military operations affecting
the duties and responsibilities of the Secretary.''.
(d) Conforming Amendments.--
(1) Joint chiefs of staff.--
(A) Membership.--Section 151(a) of title 10, United
States Code, is amended--
(i) by redesignating paragraph (7) as
paragraph (8); and
(ii) by inserting after paragraph (6) the
following new paragraph:
``(7) The Commandant of the Space Corps.''.
(B) Appointment.--Section 152(b)(1)(B) of such
title is amended by striking ``or the Commandant of the
Marine Corps'' and inserting ``the Commandant of the
Marine Corps, or the Commandant of the Space Corps''.
(2) Officer careers.--Chapter 907 of such title is amended
as follows:
(A) In section 9084, by striking ``officers in the
Air Force'' and inserting ``officers in the Space
Corps''.
(B) By transferring section 9084, as amended by
subparagraph (A), to chapter 909 and redesignating such
section as section 9095.
(C) In the table of sections, by striking the item
relating to section 9084.
(3) Secretary of the air force.--Section 9013 of such title
is amended--
(A) in subsection (f), by inserting ``and Space
Corps'' after ``Officers of the Air Force''; and
(B) in subsection (g)(1), by inserting ``and Space
Corps'' after ``members of the Air Force''.
(4) Definitions.--Section 101 of such title is amended--
(A) in subsection (a)--
(i) in paragraph (4), by inserting ``Space
Corps,'' after ``Marine Corps,''; and
(ii) in paragraph (9)(C), by inserting
``and the Space Corps'' after ``concerning the
Air Force''; and
(B) in subsection (b)--
(i) in paragraph (4), by striking ``or
Marine Corps'' and inserting ``Marine Corps, or
Space Corps''; and
(ii) in paragraph (13), by striking ``or
Marine Corps'' and inserting ``Marine Corps, or
Space Corps''.
(e) Clerical Amendment.--The table of chapters for part I of
subtitle D of title 10, United States Code, is amended by adding at the
end the following new item:
``909. The Space Corps''.
SEC. 922. TRANSFER OF PERSONNEL, FUNCTIONS, AND ASSETS TO THE SPACE
CORPS.
(a) Transfers.--
(1) Transfer of military personnel.--
(A) In general.--The Secretary of Defense shall,
during the transition period, transfer all covered
military personnel to the Space Corps.
(B) Retention in grade and status.--Covered
military personnel transferred to the Space Corps
pursuant to subparagraph (A) shall retain the grade and
date of obtaining such grade that the individual person
had before the date of the transfer unless otherwise
altered or terminated in accordance with law.
(2) Transfer of functions.--Except as otherwise directed by
the Secretary of Defense, all functions, assets, and
obligations of the space elements of the Air Force (including
all property, records, installations, activities, facilities,
agencies, and projects of such elements) shall be transferred
to the Space Corps.
(b) Conforming Repeal.--
(1) In general.--Chapter 135 of title 10, United States
Code, is amended by striking section 2279c.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by striking the item
relating to section 2279c.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall take effect on the date on which the transition
period terminates, as determined by the Secretary of Defense in
accordance with subsection (c), which date shall be not later
than December 30, 2023.
(c) Notice to Congress.--Not later than 30 days before the date on
which the transition period terminates, the Secretary of Defense shall
submit to the congressional defense committees a certification that
identifies the date on which transition period will terminate.
(d) Definitions.--In this section:
(1) The term ``covered military personnel'' means
commissioned officers and enlisted members of the space
elements of the Air Force who are assigned to such elements as
of the date on which such officers and members are transferred
under subsection (a)(1).
(2) The term ``transition period'' means a period
prescribed by the Secretary of Defense that--
(A) begins on January 1, 2021; and
(B) ends not later than December 30, 2023.
SEC. 923. REPORTS ON SPACE CORPS.
(a) Report on Structure of Space Corps.--
(1) In general.--The Secretary of Defense shall submit to
the congressional defense committees a report that includes a
detailed plan for the organizational structure of the Space
Corps.
(2) Elements.--The report required under paragraph (1)
shall include--
(A) a detailed description of the structure and
organizational elements required for the Space Corps to
perform its mission;
(B) a detailed description of the organization and
staff required to support the Commandant of the Space
Corps;
(C) a detailed explanation of how establishment of
the Space Corps is expected to affect the composition
and function of the space elements of the Armed Forces;
(D) a description of how the Space Corps will be
organized, trained, and equipped;
(E) a description of how the Space Corps will
exercise acquisition authorities;
(F) a description of how the Space Corps will
coordinate with the United States Space Command, the
Space Development Agency, and other space elements of
the Armed Forces; and
(G) any other matters determined to be appropriate
by the Secretary.
(b) Report on Military Personnel.--
(1) In general.--The Secretary of Defense shall submit to
the congressional defense committees a report on the military
personnel requirements of the Space Corps.
(2) Elements.--The report required under paragraph (1)
shall include--
(A) a detailed plan setting forth--
(i) the proposed military personnel
composition and structure of the Space Corps;
and
(ii) plans for the transfer or reassignment
of military personnel from the space elements
of the Armed Forces to the Space Corps;
(B) the number of officer and enlisted personnel to
be transferred or reassigned to the Space Corps by
functional area;
(C) a detailed description of the billet
requirements for the Space Corps, including the staff
organizational and rank structure; and
(D) the number of additional officer and enlisted
billets that will be required for the Space Corps and a
description of such billets.
(c) Report on Civilian Personnel.--
(1) In general.--The Secretary of Defense shall submit to
the congressional defense committees a report on the civilian
personnel requirements of the Space Corps.
(2) Elements.--The report required under paragraph (1)
shall include--
(A) an assessment of the projected size of the
civilian workforce of the Space Corps in fiscal year
2021 and in each fiscal year covered by the most recent
future-years defense program submitted to Congress
under section 221 of title 10, United States Code;
(B) a detailed explanation of any projected changes
to the size of the civilian workforce of the Space
Corps from year-to-year; and
(C) a detailed plan for the transfer of civilian
personnel from the space elements of the Armed Forces
to the Space Corps.
(d) Report on Transfer of Functions and Assets.--
(1) In general.--The Secretary of Defense shall submit to
the congressional defense committees a report that includes a
detailed plan for the transfer of the functions, assets, and
obligations of the space elements of the Armed Forces
(including any property, records, installations, activities,
facilities, agencies, and projects of such elements) to the
Space Corps in accordance with section 922.
(2) Elements.--The report required under paragraph (1)
shall include--
(A) a detailed list of the functions and assets to
be transferred;
(B) a justification for each transfer proposed to
be made under subparagraph (A);
(C) the location and value of each item proposed to
be transferred under subparagraph (A); and
(D) the date on which each item is expected to be
transferred.
(e) Report on Funding Requirements.--
(1) In general.--The Secretary of Defense shall submit to
the congressional defense committees a report on the funding
requirements for the Space Corps.
(2) Elements.--The report required under paragraph (1)
shall include a detailed estimate of the funding that will be
required to establish the Space Corps and to conduct the
activities and operations of the Corps, including estimated
expenditures and proposed appropriations for each of fiscal
years 2021 through 2025 as follows:
(A) With respect to procurement accounts--
(i) amounts displayed by account, budget
activity, line number, line item, and line item
title; and
(ii) a description of the requirements for
each such amount specific to the Space Corps.
(B) With respect to research, development, test,
and evaluation accounts--
(i) amounts displayed by account, budget
activity, line number, program element, and
program element title; and
(ii) a description of the requirements for
each such amount specific to the Space Corps.
(C) With respect to operation and maintenance
accounts--
(i) amounts displayed by account title,
budget activity title, line number, and sub-
activity group title; and
(ii) a description of how such amounts will
specifically be used.
(D) With respect to military personnel accounts--
(i) amounts displayed by account, budget
activity, budget sub-activity, and budget sub-
activity title; and
(ii) a description of the requirements for
each such amount specific to the Space Corps.
(E) With respect to each project under military
construction accounts (including with respect to
unspecified minor military construction and amounts for
planning and design), the country, location, project
title, and project amount by fiscal year.
(F) With respect to any expenditures and proposed
appropriations not included the materials submitted
under subparagraphs (A) through (E), an explanation
with a level of detail equivalent to or greater than
the level of detail provided in the future-years
defense program submitted to Congress under section 221
of title 10, United States Code.
(3) Form of report.--The report required by paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
(f) Deadline for Submittal.--Each of the reports required under
subsections (a) through (e) shall be submitted to the congressional
defense committees not later than February 1, 2020.
SEC. 924. SPACE NATIONAL GUARD.
The Secretary of Defense may not transfer any personnel or
resources from any reserve components, including the National Guard, to
the Space Corps established by section 921 until the date on which a
Space National Guard of the United States has been established by law.
SEC. 925. EFFECTS ON MILITARY INSTALLATIONS.
Nothing in this part, or the amendments made by this part, shall be
construed to authorize or require the relocation of any facility,
infrastructure, or military installation of the Air Force.
PART 2--OTHER SPACE MATTERS
SEC. 931. UNITED STATES SPACE COMMAND.
(a) Restoration of General Authority for Establishment of Unified
Command.--
(1) In general.--Section 169 of title 10, United States
Code, is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 6 of title 10, United States Code, is
amended by striking the item relating to section 169.
(b) Conforming Amendment.--Section 2273a(d)(3) of title 10, United
States Code, is amended by striking ``The Commander of the United
States Strategic Command, acting through the United States Space
Command,'' and inserting ``The Commander of the United States Space
Command, or, if no such command exists, the Commander of the United
States Strategic Command,''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this division for
fiscal year 2019 between any such authorizations for that
fiscal year (or any subdivisions thereof). Amounts of
authorizations so transferred shall be merged with and be
available for the same purposes as the authorization to which
transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may transfer
under the authority of this section may not exceed
$1,000,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military personnel
authorizations under title IV shall not be counted toward the
dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by subsection (a) to
transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Additional Limitation on Transfers for Drug Interdiction and
Counter Drug Activities.--The authority provided by subsection (a) may
not be used to transfer any amount to Drug Interdiction and Counter
Drug Activities, Defense-wide.
(d) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(e) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
(f) Certification Requirement.--The authority to transfer any
authorization under this section may not be used until the Secretary of
Defense and the head of each entity affected by such transfer submits
to the congressional defense committees certification in writing that--
(1) the amount transferred will be used for higher priority
items, based on unforeseen military requirements, than the
items from which authority is transferred; and
(2) the amount transferred will not be used for any item
for which funds have been denied authorization by Congress.
SEC. 1002. ADDITIONAL REQUIREMENTS FOR ANNUAL REPORT AND BRIEFING ON
FINANCIAL IMPROVEMENT AND AUDIT REMEDIATION PLAN.
Section 240b(b) of title 10, United States Code, is amended--
(1) in paragraph (1)(B)(iv), by adding at the end the
following new subclause:
``(IV) A current accounting of the
defense business systems of the
Department of Defense that will be
introduced, replaced, updated,
modified, or retired in connection with
the audit of the full financial
statements of the Department, including
a comprehensive roadmap that displays--
``(aa) in-service,
retirement, and other pertinent
dates for affected defense
business systems;
``(bb) current cost-to-
complete estimates for each
affected system; and
``(cc) dependencies both
between the various defense
business systems and between
the introduction, replacement,
update, modification, and
retirement of such systems.'';
(2) in paragraph (2), by adding at the end the following
new sentence: ``Such briefing shall also include a description
of any updates to the defense business systems roadmap referred
to in paragraph (1)(B)(iv)(IV).''; and
(3) by amending paragraph (3) to read as follows:
``(3) Definitions.--In this subsection:
``(A) The term `critical capabilities' means the
critical capabilities described in the Department of
Defense report titled `Financial Improvement and Audit
Readiness (FIAR) Plan Status Report' and dated May
2016.
``(B) The term `defense business system' has the
meaning given such term in section 2222(i)(1)(A) of
this title.''.
SEC. 1003. FINANCIAL IMPROVEMENT AND AUDIT REMEDIATION PLAN.
(a) Elements of Annual Report.--Subsection (b)(1)(B) of section
240b of title 10, United States Code, is amended--
(1) in clause (vii)--
(A) by striking ``or if less than 50 percent of the
audit remediation services''; and
(B) by striking ``and audit remediation
activities''; and
(2) in clause (viii), by striking ``or if less than 25
percent of the audit remediation services''.
(b) Semiannual Briefings.--Subsection (b)(2) of such section is
amended by striking ``or audit remediation''.
(c) Audit Remediation Services.--Subsection (b) of such section is
further amended--
(1) in paragraph (1)(B), by adding at the end the following
new clauses:
``(ix) If less than 50 percent of the audit
remediation services under contract, as
described in the briefing required under
paragraph (2)(B), are being performed by
individual professionals meeting the
qualifications described in suhsection (c), a
detailed description of the risks associated
with the risks of the acquisition strategy of
the Department with respect to conducting audit
remediation activities and an explanation of
how the strategy complies with the policies
expressed by Congress.
``(x) If less than 25 percent of the audit
remediation services under contract, as
described in the briefing required under
paragraph (2)(B), are being performed by
individual professionals meeting the
qualifications described in subsection (c), a
written certification that the staffing ratio
complies with commercial best practices and
presents no increased risk of delay in the
Department's ability to achieve a clean audit
opinion.''; and
(2) in paragraph (2)--
(A) by striking ``Not later'' and inserting ``(A)
Not later''; and
(B) by adding at the end the following new
subparagraph:
``(B) Not later than January 31 and June 30 each year, the
Under Secretary of Defense (Comptroller) and the comptrollers
of the military departments shall provide a briefing to the
congressional defense committees on the status of the
corrective action plan. Such briefing shall include both the
absolute number and percentage of personnel performing the
amount of audit remediation services being performed by
professionals meeting the qualifications described in
subsection (c).''.
(d) Selection of Audit Remediation Services.--Such section is
further amended by adding at the end the following new subsection:
``(c) Selection of Audit Remediation Services.--The selection of
audit remediation service providers shall be based, among other
appropriate criteria, on qualifications, relevant experience, and
capacity to develop and implement corrective action plans to address
internal control and compliance deficiencies identified during a
financial statement or program audit.''.
SEC. 1004. REPORTING REQUIREMENTS RELATING TO DEPARTMENT OF DEFENSE
AUDITS.
(a) Annual Report.--
(1) In general.--Chapter 9A of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 240g. Annual report on auditable financial statements
``(a) In General.--Not later than January 30 of each year, the
Secretary of Defense shall submit to the congressional defense
committees a report ranking each of the military departments and
Defense Agencies in order of how advanced they are in achieving
auditable financial statements as required by law. In preparing the
report, the Secretary shall seek to exclude information that is
otherwise available in other reports to Congress.
``(b) Bottom Quartile.--Not later than June 30 of each year, the
head of each of the military departments and Defense Agencies that were
ranked in the bottom quartile of the report submitted under subsection
(a) for that year shall submit to the congressional defense committees
a report that includes the following information for that military
department or Defense Agency:
``(1) A description of the material weaknesses of the
military department or Defense Agency.
``(2) The underlying causes of such weaknesses.
``(3) A plan for remediating such weaknesses.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``240g. Annual report on auditable financial statements.''.
(b) Limitation on Use of Funds.--Of the amounts authorized to be
appropriated or otherwise made available by this Act for travel of
persons for the head of a military department or Defense Agency
described in subsection (b) of section 240g of title 10, United States
Code, as added by subsection (a), for fiscal year 2020, not more than
80 percent may be obligated or expended before the submittal of the
report required under that subsection for that military department or
Defense Agency.
(c) Plan for Achieving Unmodified Audit Opinion on Consolidated
Audit.--
(1) Report required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
containing the plan of the Secretary for achieving an
unmodified audit opinion of the Department of Defense-wide
consolidated audit by not later than five years after the date
of the enactment of this Act.
(2) Limitation on use of funds.--Of the amounts authorized
to be appropriated or otherwise made available by this Act for
Operation and Maintenance, Defense-Wide, Office of the
Secretary of Defense, for Travel of Persons for fiscal year
2020, not more than 70 percent may be obligated or expended
before the date on which the Secretary submits the report
required under paragraph (1).
SEC. 1005. ANNUAL BUDGET JUSTIFICATION DISPLAY FOR SERVICE-COMMON AND
OTHER SUPPORT AND ENABLING CAPABILITIES FOR SPECIAL
OPERATIONS FORCES.
(a) In General.--Chapter 9 of title 10, United States Code, is
amended by inserting after section 225 the following new section:
``Sec. 226. Special operations forces: display of service-common and
other support and enabling capabilities
``(a) In General.--The Secretary shall include, in the budget
materials submitted to Congress under section 1105 of title 31 for
fiscal year 2021 and any subsequent fiscal year, a consolidated budget
justification display showing service-common and other support and
enabling capabilities for special operations forces requested by a
military service or Defense Agency. Such budget justification display
shall include any amount for service-common or other capability
development and acquisition, training, operations, pay, base operations
sustainment, and other common services and support.
``(b) Service-common and Other Support and Enabling Capabilities.--
In this section, the term `service-common and other support and
enabling capabilities' means capabilities provided in support of
special operations that are not reflected in Major Force Program-11 or
designated as special operations forces-peculiar.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
225 the following new item:
``226. Special operations forces: display of service-common programs
and activities.''.
SEC. 1006. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose 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, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
SEC. 1007. INDEPENDENT PUBLIC ACCOUNTANT AUDIT OF FINANCIAL SYSTEMS OF
THE DEPARTMENT OF DEFENSE.
The Secretary of Defense shall ensure that each major
implementation of, or modification to, a financial system of the
Department of Defense is reviewed by an independent public accountant
to validate that such financial system will meet any applicable Federal
requirements.
SEC. 1008. TRANSPARENCY OF ACCOUNTING FIRMS USED TO SUPPORT DEPARTMENT
OF DEFENSE AUDIT.
Section 1006 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232) is amended--
(1) by striking ``For all contract actions'' and inserting
``(a) In General.--For all contract actions'';
(2) by inserting ``fully adjudicated'' before
``disciplinary proceedings''; and
(3) by adding at the end the following new subsections:
``(b) Treatment of Statement.--A statement setting for the details
of a disciplinary proceeding submitted pursuant to subsection (a), and
the information contained in such a statement, shall be--
``(1) treated as confidential to the extent required by the
court or agency in which the proceeding has occurred; and
``(2) treated in a manner consistent with any protections
or privileges established by any other provision of Federal
law.
``(c) Definition of Associated Person.--In this section, the term
`associated persons' means, with respect to an accounting firm, any of
the key personnel of the firm who are involved in the performance of a
prime contract entered into by the firm with the Department of
Defense.''.
Subtitle B--Counterdrug Activities
SEC. 1011. MODIFICATION OF AUTHORITY TO PROVIDE SUPPORT TO OTHER
AGENCIES FOR COUNTERDRUG ACTIVITIES AND ACTIVITIES TO
COUNTER TRANSNATIONAL ORGANIZED CRIME.
(a) Types of Support.--Paragraph (7) of subsection (b) of section
284 of title 10, United States Code, is amended--
(1) by striking ``and fences''; and
(2) by striking ``to block'' and inserting ``along''.
(b) Congressional Notification.--Subsection (h)(1) of such section
is amended--
(1) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively; and
(2) by inserting before subparagraph (B), as so
redesignated, the following new subparagraph (A):
``(A) In case of support for a purpose described in
subsection (b)--
``(i) an identification of the recipient of
the support;
``(ii) a description of the support
provided;
``(iii) a description of the sources and
amounts of funds used to provide such support;
``(iv) a description of the amount of funds
obligated to provide such support;
``(v) an assessment of the efficacy and
cost-effectiveness of such support in advancing
the objectives and strategy of the department
or agency to which the support will be
provided;
``(vi) any document describing a request
for assistance from any other department or
agency of the United States and any response to
such a request from another department or
agency of the United States to which support
will be provided; and
``(vii) in the case of any support for a
purpose described under subsection (b)(7),
metrics and analysis that establish that an
area is a drug smuggling corridor.''.
SEC. 1012. TECHNICAL CORRECTION AND EXTENSION OF REPORTING REQUIREMENT
REGARDING ENHANCEMENT OF INFORMATION SHARING AND
COORDINATION OF MILITARY TRAINING BETWEEN DEPARTMENT OF
HOMELAND SECURITY AND DEPARTMENT OF DEFENSE.
Section 1014 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328) is amended--
(1) by striking ``section 371 of title 10, United States
Code'' each place it appears and inserting ``section 271 of
title 10, United States Code''; and
(2) in subsection (d)(3) by striking ``January 31, 2020''
and inserting ``December 31, 2022''.
SEC. 1013. REPEAL OF SECRETARY OF DEFENSE REVIEW OF CURRICULA AND
PROGRAM STRUCTURES OF NATIONAL GUARD COUNTERDRUG SCHOOLS.
Section 901 of the Office of National Drug Control Policy
Reauthorization Act of 2006 (Public Law 109-469; 32 U.S.C. 112 note) is
amended--
(1) by striking subsection (e); and
(2) by redesignating subsections (f) through (h) as
subsections (e) through (g), respectively.
SEC. 1014. SENSE OF CONGRESS REGARDING DEPARTMENT OF DEFENSE
COUNTERDRUG ACTIVITIES IN THE TRANSIT ZONE AND CARIBBEAN
BASIN.
It is the sense of Congress that--
(1) combating transnational criminal organizations and
illicit narcotics trafficking across the transit zone and the
Caribbean basin, particularly in and around Puerto Rico and the
United States Virgin Islands, is critical to the national
security of the United States;
(2) the Department of Defense should work with the
Department of Homeland Security, the Department of State, and
other relevant Federal, State, local, and international
partners to improve surveillance capabilities and maximize the
effectiveness of counterdrug operations in the region; and
(3) the Secretary of Defense should, to the greatest extent
possible, ensure United States Northern Command and United
States Southern Command have the necessary assets to support
and increase counter-drug activities within their respective
areas of operations in the transit zone and the Caribbean
basin.
SEC. 1015. ASSESSMENT OF IMPACT OF PROPOSED BORDER WALL ON VOLUME OF
ILLEGAL NARCOTICS.
The Secretary of Defense, in consultation with the Secretary of
Homeland Security, shall conduct an assessment of the impact that any
planned or proposed border wall construction would have on the volume
of illegal narcotics entering the United States.
Subtitle C--Naval Vessels and Shipyards
SEC. 1021. TRANSPORTATION BY SEA OF SUPPLIES FOR THE ARMED FORCES AND
DEFENSE AGENCIES.
Section 2631 of title 10, United States Code, is amended--
(1) in the first sentence of subsection (a), by inserting
``or for a Defense Agency'' after ``Marine Corps''; and
(2) in subsection (b)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(B) by inserting after paragraph (1) the following
new paragraph (2):
``(2) Before entering into a contract for the transportation by sea
of fuel products under this section, the Secretary shall provide a
minimum variance of three days on the shipment date.''; and
(C) in paragraph (4), as redesignated by
subparagraph (A), by striking ``the requirement
described in paragraph (1)'' and insert ``a requirement
under paragraph (1) or (2)''.
SEC. 1022. USE OF NATIONAL DEFENSE SEALIFT FUND FOR PROCUREMENT OF TWO
USED VESSELS.
Pursuant to section 2218(f)(3) of title 10, United States Code, and
using amounts authorized to be appropriated for Operation and
Maintenance, Navy, for fiscal year 2020, the Secretary of the Navy
shall seek to enter into a contract for the procurement of two used
vessels.
SEC. 1023. FORMAL SCHOOLHOUSE TRAINING FOR SHIPBOARD SYSTEM PROGRAMS OF
RECORD.
(a) In General.--The Secretary of the Navy shall ensure that there
is a formal schoolhouse available at which training is provided in any
shipboard system that is program of record on Navy surface vessels.
(b) Timline for Implementation.--
(1) Current programs.--In the case of any shipboard system
program of record that is in use as of the date of the
enactment of this Act for which no formal schoolhouse is
available, the Secretary shall ensure that such a schoolhouse
is available for the provision of training in such program by
not later than 12 months after the date of the enactment of
this Act.
(2) Future programs.--In the case of any shipboard system
program of record that is first used after the date of the
enactment of this Act, the Secretary shall ensure that a formal
schoolhouse is established for the provision of training in
such program by not later than 12 months after the date on
which the shipboard system program of record is first used.
SEC. 1024. REPORT ON SHIPBUILDER TRAINING AND THE DEFENSE INDUSTRIAL
BASE.
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 House of Representatives a report on
shipbuilder training and hiring requirements necessary to achieve the
Navy's 30-year shipbuilding plan and to maintain the shipbuilding
readiness of the defense industrial base. Such report shall include
each of the following:
(1) An analysis and estimate of the time and investment
required for new shipbuilders to gain proficiency in particular
shipbuilding occupational specialties, including detailed
information about the occupational specialty requirements
necessary for construction of naval surface ship and submarine
classes to be included in the Navy's 30-year shipbuilding plan.
(2) An analysis of the age demographics and occupational
experience level (measured in years of experience) of the
shipbuilding defense industrial workforce.
(3) An analysis of the potential time and investment
challenges associated with developing and retaining
shipbuilding skills in organizations that lack intermediate
levels of shipbuilding experience.
(4) Recommendations concerning how to address shipbuilder
training during periods of demographic transition, including
whether emerging technologies, such as augmented reality, may
aid in new shipbuilder training.
(5) Recommendations concerning how to encourage young
adults to enter the defense shipbuilding industry and to
develop the skills necessary to support the shipbuilding
defense industrial base.
SEC. 1025. USE OF COMPETITIVE PROCEDURES FOR CVN-80 AND CVN-81 DUAL
AIRCRAFT CARRIER CONTRACT.
To the extent practicable and unless otherwise required by law, the
Secretary of the Navy shall ensure that competitive procedures are used
with respect to any task order or delivery order issued under a dual
aircraft carrier contract relating to the CVN-80 and CVN-81.
SEC. 1026. REPORT ON EXPANDING NAVAL VESSEL MAINTENANCE.
(a) Report Required.--Not later than May 1, 2020, the Secretary of
the Navy shall submit to the congressional defense committees a report
on allowing maintenance to be performed on naval vessels at shipyards
other than shipyards in the vessels' homeports.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) An assessment of the ability of homeport shipyards to
meet the current naval vessel maintenance demands.
(2) An assessment of the ability of current homeport
shipyards to meet the naval vessel maintenance demands of a
355-ship Navy.
(3) An assessment of the ability of non-homeport firms to
augment repair work at homeport shipyards, which shall
include--
(A) the capability and proficiency of shipyards in
the Great Lakes, Gulf Coast, East Coast, West Coast,
and Alaska regions to perform technical repair work on
naval vessels at locations other than their homeports;
(B) the required improvements to the capability of
shipyards in the Great Lakes, Gulf Coast, East Coast,
West Coast, and Alaska regions to enable performance of
technical repair work on naval vessels at locations
other than their homeports;
(C) an identification of naval vessel types (such
as noncombatant vessels or vessels that only need
limited periods of time in shipyards) best suited for
repair work performed by shipyards in locations other
than their homeports; and
(D) the potential benefits to fleet readiness of
expanding shipyard repair work to include shipyards not
located at naval vessel homeports.
(4) An assessment of the benefits to the commercial
shipyard industrial base of expanding repair work for naval
vessels to shipyards not eligible for short-term work in
accordance with section 8669a(c) of title 10, United States
Code.
(c) Homeport Shipyards Defined.--In this section, the term
``homeport shipyards'' means shipyards associated with firms capable of
being awarded short-term work at the homeport of a naval vessel in
accordance with section 8669a(c) of title 10, United States Code.
Subtitle D--Counterterrorism
SEC. 1031. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO PROVIDE
SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-
TERRORISM ACTIVITIES.
(a) Extension.--Subsection (b) of section 1022 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 10
U.S.C. 271 note) is amended by striking ``2020'' and inserting
``2022''.
(b) Technical Corrections.--Subsection (e) of such section is
amended--
(1) in paragraph (1), by inserting a period at the end; and
(2) by adding at the end the following paragraph (2):
``(2) For purposes of applying the definition of transnational
organized crime under paragraph (1) to this section, the term `illegal
means', as it appears in such definition, includes the trafficking of
money, human trafficking, illicit financial flows, illegal trade in
natural resources and wildlife, trade in illegal drugs and weapons, and
other forms of illegal means determined by the Secretary of Defense.''.
SEC. 1032. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE OF
INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA, TO CERTAIN COUNTRIES.
No amounts authorized to be appropriated or otherwise made
available for the Department of Defense may be used during the period
beginning on the date of the enactment of this Act and ending on
December 31, 2020, to transfer, release, or assist in the transfer or
release of any individual detained in the custody or under the control
of the Department of Defense at United States Naval Station, Guantanamo
Bay, Cuba, to the custody or control of any country, or any entity
within such country, as follows:
(1) Libya.
(2) Somalia.
(3) Syria.
(4) Yemen.
(5) Mexico.
(6) Guatemala.
(7) Honduras.
(8) El Salvador.
(9) Venezuela.
(10) Cuba.
(11) Iran.
(12) Russia.
(13) North Korea.
SEC. 1033. PROHIBITION ON USE OF FUNDS FOR TRANSFER TO AND DETENTION OF
ADDITIONAL INDIVIDUALS, INCLUDING UNITED STATES CITIZENS,
AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
(a) Prohibition on Use of Funds.--No amounts authorized to be
appropriated or otherwise made available to the Department of Defense
may be used during the period beginning on the date of the enactment of
this Act and ending on December 31, 2020, to--
(1) detain or provide assistance relating to the detention
of any individual, including any United States citizen,
pursuant to the law of war or a proceeding under chapter 47A of
title 10, United States Code, at United States Naval Station,
Guantanamo Bay, Cuba; or
(2) transfer or provide assistance relating to the transfer
of any individual, including any United States citizen, for the
purpose of detaining such individual pursuant to the law of war
or a proceeding under chapter 47A of title 10, United States
Code, at United States Naval Station, Guantanamo Bay, Cuba.
(b) Exception.--The prohibition in subsection (a) shall not apply
to an individual who is or was detained pursuant to the law of war or a
Military Commissions Act proceeding on or after May 2, 2018, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
(c) Disposition Plan.--Not later than 60 days after the date of the
enactment of this Act, the Attorney General, in consultation with the
Secretary of Defense, shall submit to the congressional defense
committees a plan identifying a disposition, other than continued law
of war detention at United States Naval Station, Guantanamo Bay, Cuba,
for each individual detained at United States Naval Station, Guantanamo
Bay, Cuba, as of the date of the enactment of this Act.
SEC. 1034. SENSE OF CONGRESS REGARDING THE PROVISION OF MEDICAL CARE TO
INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA.
(a) Findings.--Congress makes the following findings:
(1) The individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, are aging, and such individuals
are increasingly subject to a number of health conditions
exacerbated by age and the circumstances of their cases.
(2) Expeditionary medical treatment of individuals detained
at United States Naval Station, Guantanamo Bay, Cuba, is
logistically challenging and increasingly costly, especially
treatment related to complex ailments that may become
exacerbated with age.
(3) Medical care at United States Naval Station, Guantanamo
Bay, Cuba, is likely to become an increasing challenge for the
United States Government.
(4) Medical challenges at United States Naval Station,
Guantanamo Bay, Cuba, also cause difficulties affecting the
functions and processes of the military commissions and
periodic review boards.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States has an ongoing obligation to provide
medical care to individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, meeting appropriate standards of
care; and
(2) the Secretary of Defense should take into account the
standards of care provided at other relevant facilities,
including those administered by the Federal Bureau of Prisons,
in determining the policies of the Department of Defense
regarding the provision of medical care to individuals detained
at United States Naval Station, Guantanamo Bay, Cuba.
SEC. 1035. INDEPENDENT ASSESSMENT ON GENDER AND COUNTERING VIOLENT
EXTREMISM.
(a) In General.--The Secretary of Defense shall seek to enter into
a contract with a nonprofit entity or a federally funded research and
development center independent of the Department of Defense to conduct
research and analysis on the intersection of gender and violent
extremism and terrorism.
(b) Elements.--The research and analysis conducted under subsection
(a) shall include research and analysis of the following:
(1) The root and proximate causes of women's participation
in terrorist and violent extremist organizations.
(2) Ways for the Department of Defense to engage women and
girls who are vulnerable to extremist and terrorist behavior.
(3) Ways women and girls can assist the Armed Forces and
partner military organizations in identifying individuals of
concern.
(4) The intersection of violent extremism and terrorism and
the following:
(A) Gender-based violence.
(B) Women's empowerment at the household level,
such as property and inheritance rights, bride-price
and dowry, and the level of societal sanction for the
killing or harming of women.
(C) Adolescent girls' empowerment, such as the
level of early, child, and forced marriage, and of
girls' access to secondary education.
(5) Best practices for the Armed Forces to support women
preventing and countering violent extremism and terrorism.
(6) Any other matters the Secretary of Defense determines
to be appropriate.
(c) Utilization.--The Secretary of Defense shall utilize the
results of the research conducted under subsection (a) to inform each
geographic combatant command's strategy report and individual country
strategy reports, where appropriate.
(d) Reports.--
(1) Report to secretary.--Not later than one year after the
date of the enactment of this Act, the nonprofit entity or
federally funded research and development center with which the
Secretary of Defense enters into contract under subsection (a)
shall submit to the Secretary of Defense a report that contains
the assessment required by subsection (a).
(2) Report to congress.--Not later than two years after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
on the results of research conducted under subsection (a).
SEC. 1036. ESTABLISHING A COORDINATOR FOR ISIS DETAINEE ISSUES.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the President, acting through the Secretary of
State, shall designate an existing official within the Department of
State to serve as senior-level coordinator to coordinate, in
conjunction with the lead and other relevant agencies, all matters for
the United States Government relating to the long-term disposition of
Islamic State of Iraq and Syria (ISIS) foreign terrorist fighter
detainees, including all matters in connection with--
(1) repatriation, transfer, prosecution, and intelligence-
gathering;
(2) coordinating a whole-of-government approach with other
countries and international organizations, including INTERPOL,
to ensure secure chains of custody and locations of ISIS
foreign terrorist fighter detainees;
(3) coordinating technical and evidentiary assistance to
foreign countries to aid in the successful prosecution of ISIS
foreign terrorist fighter detainees; and
(4) all multilateral and international engagements led by
the Department of State and other agencies that are related to
the current and future handling, detention, and prosecution of
ISIS foreign terrorist fighter detainees.
(b) Retention of Authority.--The appointment of a senior-level
coordinator pursuant to subsection (a) shall not deprive any agency of
any authority to independently perform functions of that agency.
(c) Annual Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and not less frequently than once
each year thereafter through January 21, 2021, the individual
designated under subsection (a) shall submit to the appropriate
committees of Congress a detailed report regarding high-value
ISIS detainees that the coordinator reasonably determines to be
subject to criminal prosecution in the United States.
(2) Elements.--The report under paragraph (1) shall
include, at a minimum, the following:
(A) A detailed description of the facilities where
ISIS foreign terrorist fighter detainees described in
paragraph (1) are being held.
(B) An analysis of all United States efforts to
prosecute ISIS foreign terrorist fighter detainees
described in paragraph (1) and the outcomes of such
efforts. Any information, the disclosure of which may
violate Department of Justice policy or law, relating
to a prosecution or investigation may be withheld from
a report under paragraph (1).
(C) A detailed description of any option to
expedite prosecution of any ISIS foreign terrorist
fighter detainee described in paragraph (1), including
in a court of competent jurisdiction outside of the
United States.
(D) An analysis of factors on the ground in Syria
and Iraq that may result in the unintended release of
ISIS foreign terrorist fighter detainees described in
paragraph (1), and an assessment of any measures
available to mitigate such releases.
(E) A detailed description of all multilateral and
other international efforts or proposals that would
assist in the prosecution of ISIS foreign terrorist
fighter detainees described in paragraph (1).
(F) An analysis of all efforts between the United
States and partner countries within the Global
Coalition to Defeat ISIS or other countries to share
intelligence or evidence that may aid in the
prosecution of members of the Islamic State of Iraq and
Syria and associated forces, and any legal obstacles
that may hinder such efforts.
(G) An analysis of the manner in which the United
States Government communicates on such proposals and
efforts to the families of United States citizens
believed to be a victim of a criminal act by an ISIS
foreign terrorist fighter detainee.
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, the Committee on the Judiciary,
the Select Committee on Intelligence and the Committee
on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, the Committee on the Judiciary, the
Permanent Select Committee on Intelligence, and the
Committee on Appropriations of the House of
Representatives.
(2) The term ``ISIS foreign terrorist fighter detainee''
means a detained individual--
(A) who allegedly fought for or supported the
Islamic State of Iraq and Syria (ISIS); and
(B) who is a national of a country other than Iraq
or Syria.
(e) Sunset.--The requirements under this section shall sunset on
January 21, 2021.
SEC. 1037. MODIFICATION OF SUPPORT OF SPECIAL OPERATIONS TO COMBAT
TERRORISM.
Section 127e of title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``authorized'' before
``ongoing''; and
(2) in subsection (d)(2)--
(A) in subparagraph (A), by inserting ``and a
description of the authorized ongoing operation''
before the period at the end;
(B) by redesignating subparagraph (C) as
subparagraph (D);
(C) by striking subparagraphs (B) and inserting the
following new subparagraphs after subparagraph (A):
``(B) A description of the foreign forces,
irregular forces, groups, or individuals engaged in
supporting or facilitating the authorized ongoing
operation who will receive the funds provided under
this section.
``(C) A detailed description of the support
provided or to be provided to the recipient of the
funds.''; and
(D) by adding at the end the following new
subparagraphs:
``(E) A detailed description of the legal and
operational authorities related to the authorized
ongoing operation, including relevant execute orders
issued by the Secretary of Defense and combatant
commanders related to the authorized ongoing operation,
including an identification of operational activities
United States Special Operations Forces are authorized
to conduct under such execute orders.
``(F) The duration for which the support is
expected to be provided and an identification of the
timeframe in which the provision of support will be
reviewed by the combatant commander for a determination
regarding the necessity of continuation of support.''.
SEC. 1038. PUBLIC AVAILABILITY OF MILITARY COMMISSION PROCEEDINGS.
Section 949d(c) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(4) In the case of any proceeding of a military commission under
this chapter that is made open to the public, the military judge may
order arrangements for the availability of the proceeding to be watched
remotely by the public through the internet.''.
Subtitle E--Miscellaneous Authorities and Limitations
SEC. 1041. SCHEDULING OF DEPARTMENT OF DEFENSE EXECUTIVE AIRCRAFT
CONTROLLED BY SECRETARIES OF MILITARY DEPARTMENTS.
(a) In General.--Chapter 2 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 120. Department of Defense executive aircraft controlled by
Secretaries of military departments
``(a) In General.--The Secretary of Defense shall ensure that the
Chief of the Air Force Special Air Mission Office is given the
responsibility for scheduling all Department of Defense executive
aircraft controlled by the Secretaries of the military departments.
``(b) Responsibilities.--(1) The Secretary of each of the military
departments shall ensure that there is representation from each of the
armed forces within the Air Force Special Air Mission Office to provide
for daily management and scheduling of the aircraft controlled by that
military department.
``(2) The Secretary of Defense shall be responsible for resolving
conflicts and arbitrating the allocation of aircraft based on demand
and priority.
``(c) Limitations.--(1) The Secretary of Defense may not establish
a new command and control organization to support aircraft controlled
by the Secretary of a military department.
``(2) No aircraft controlled by the Secretary of a military
department may be permanently stationed at any location without
required users.
``(d) Definitions.--In this section:
``(1) The term `required use traveler' has the meaning
given such term in Department of Defense directive 4500.56, as
in effect on the date of the enactment of this section.
``(2) The term `executive aircraft' has the meaning given
such term in Department of Defense directive 4500.43, as in
effect on the date of the enactment of this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``120. Department of Defense executive aircraft controlled by
Secretaries of military departments.''.
SEC. 1042. EXPLOSIVE ORDNANCE DEFENSE DISPOSAL PROGRAM.
(a) Roles, Responsibilities, and Authorities.--Subsection (b) of
section 2284 of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by inserting ``and'' after
the semicolon;
(B) in subparagraph (C),
(i) by striking ``joint program executive
officer who'' and inserting ``training and
technology program that'';
(ii) by inserting ``, provides common
individual training,'' after ``explosive
ordnance disposal'';
(iii) by striking ``and procurement'';
(iv) by inserting ``for common tools''
after ``activities'';
(v) by striking ``and combatant commands'';
and
(vi) by inserting ``and'' after the
semicolon; and
(C) by striking subparagraphs (D) and (E);
(2) in paragraph (2), by striking ``such as weapon systems,
manned and unmanned vehicles and platforms, cyber and
communication equipment, and the integration of explosive
ordnance disposal sets, kits and outfits and explosive ordnance
disposal tools, equipment, sets, kits, and outfits developed by
the department.'' and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) the Secretary of the Army shall designate an Army
explosive ordnance disposal-qualified general officer to serve
as the co-chair of the Department of Defense explosive ordnance
disposal defense program.''.
(b) Definitions.--Such section is further amended by adding at the
end the following new subsection:
``(d) Definitions.--In this section:
``(1) The term `explosive ordnance' has the meaning given
such term in section 283(d) of this title.
``(2) The term `explosive ordnance disposal' means the
detection, identification, on-site evaluation, rendering safe,
exploitation, recovery, and final disposal of explosive
ordnance.''.
SEC. 1043. NOTIFICATION ON THE PROVISION OF DEFENSE SENSITIVE SUPPORT.
Section 1055(b) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 113 note) is amended--
(1) in paragraph (2)--
(A) by redesignating subparagraph (C) as
subparagraph (E); and
(B) by inserting after subparagraph (B) the
following new subparagraphs:
``(C) A description of the required duration of the
support.
``(D) A description of the initial costs for the
support.''; and
(2) by adding at the end the following new paragraph:
``(5) Sustainment costs.--If the Secretary determines that
sustainment costs will be incurred as a result of the provision
of defense sensitive support, the Secretary, not later than 72
hours after the initial provision of such support, shall
certify to the congressional defense committees (and the
congressional intelligence committees with respect to matters
relating to members of the intelligence community) that such
sustainment costs will not interfere with the ability of the
Department to execute operations, accomplish mission
objectives, and maintain readiness.''.
SEC. 1044. MODIFICATION AND TECHNICAL CORRECTION OF AUTHORITY FOR
DEPLOYMENT OF MEMBERS OF THE ARMED FORCES TO THE SOUTHERN
LAND BORDER OF THE UNITED STATES.
(a) Authority.--Subsection (a) of section 1059 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 986; 10 U.S.C. 271 note prec.) is amended to read as follows:
``(a) Authority.--
``(1) In general.--The Secretary of Defense may provide
assistance to United States Customs and Border Protection for
purposes of increasing ongoing efforts to secure the southern
land border of the United States in accordance with the
requirements of this section.
``(2) Certification requirement.--If the Secretary of
Defense provides assistance under paragraph (1), not later than
30 days before the provision of such assistance, the Secretary
shall submit to the Committees on Armed Services of the Senate
and House of Representatives certification, in writing, that--
``(A) the provision of the assistance will not
negatively affect military training, operations,
readiness, or other military requirement, including the
readiness of the National Guard and reserve components;
``(B) the tasks associated with the support
provided align with the mission or occupational
specialty of any members of the Armed Forces or units
of the Armed Forces that are deployed; and
``(C) any task associated with the support is
inherently governmental and cannot be performed by a
contractor.
``(3) Notification requirement.--Not later than 30 days
before the deployment of any member of the Armed Forces or unit
of the Armed Forces to the southern land border of the United
States in support United States Customs and Border Protection
pursuant to this section or any other provision of law, the
Secretary of Defense shall provide to the Committees on Armed
Forces of the Senate and House of Representatives notice of
such deployment.''.
(b) Support.--Subsection (e) of such section is amended--
(1) by striking ``Of the amounts authorized to be
appropriated for the Department of Defense by this Act, the''
and inserting ``The'';
(2) by striking ``use up to $75,000,000 to''; and
(3) by inserting ``on a reimbursable basis'' after
``subsection (a)''.
(c) Reporting Requirements.--Subsection (f) of such section is
amended to read as follows:
``(f) Reports.--
``(1) Report required.--Not later than 30 days after the
date on which any member of the Armed Forces is deployed along
the southern land border of the United States at the request of
the Secretary of Homeland Security, and every 90 days
thereafter until no members are so deployed, the Secretary of
Defense shall submit to the Committee on Armed Services and the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Armed Services and the Committee on
Homeland Security of the House of Representatives a report that
includes, for both the period covered by the report and the
total period of the deployment, each of the following:
``(A) An identification of each unit of the Armed
Forces so deployed, including for each such unit--
``(i) the duty station or location to which
the unit is assigned;
``(ii) the unit designation;
``(iii) the size of the unit; and
``(iv) whether any personnel in the unit
deployed under section 12302 of title 10,
United States Code.
``(B) An identification of any training exercises
that were planned prior to such deployment that
included deployed units and were planned to be executed
after the date of the deployment.
``(C) For each unit so deployed, the readiness
rating of the unit before deployment and 15 days after
the last day of such deployment.
``(D) The projected length of the deployment and
any special pay and incentives for which deployed
personnel may qualify during the deployment.
``(E) A description of any specific pre-deployment
training provided to any individual or unit before
being so deployed, including the location and duration
of any such training.
``(F) A description of the rules and additional
guidance applicable to the deployment, including--
``(i) any special instructions provided to
units so deployed prior to deployment;
``(ii) the standing rules for the use of
force for deployed personnel; and
``(iii) whether personnel carry assigned
weapons and are issued ammunition.
``(G) A description of the life support conditions,
including living quarters and food ration cycles,
associated with such deployment and associated costs.
``(H) A map indicating the locations where units so
deployed are housed.
``(I) A map indicating the locations where units so
deployed are conducting their assigned mission and an
explanation for the choice of such locations.
``(J) A description of the specific missions and
tasks, by location, that are assigned to the members of
the Armed Forces who are so deployed.
``(K) The total amount of funds obligated or
expended to provide support along the southern border
of the United States, including costs associated with
personnel (set forth separately from any special pay
and allowances), transportation, operations, and any
materials used in support of any such deployment or
support provided.
``(L) An assessment of the ongoing efficacy and
cost-effectiveness of the provision of such assistance,
including a comparison to the execution by United
States Customs and Border Protection, the strategy and
recommendations of the Secretary to address the
challenges on the southern border of the United States
and to enhance the effectiveness of such assistance,
and a plan to transition the functions performed by the
members of the Armed Forces pursuant to such
assistance.
``(M) The justification of United States Customs
and Border Protection determining each location where
the Department of Defense provides support under this
section and any actions taken by the Department of
Homeland Security to complete the mission or tasks
before requesting support from the Department of
Defense and determining when support from the
Department of Defense is needed, including--
``(i) copies of any relevant documents that
describe the factors taken into consideration
in requesting support from the Department of
Defense;
``(ii) the analysis that informs the
placement of members of the Armed Forces along
the southern land border of the United States;
and
``(iii) any memorandum, including requests
for assistance and responses to such requests,
shared between the Department of Homeland
Security and the Department of Defense
regarding the need for the deployment of
members of the Armed Forces along the southern
land border of the United States.
``(2) Form of report.--Each report submitted under this
subsection shall be submitted in unclassified form and without
any designation relating to dissemination control, but may
include a classified annex.''.
(d) Termination of Authority.--Such section is further amended by
adding at the end the following new subsection:
``(g) Termination.--The authority under this section shall
terminate on September 30, 2023.''.
(e) Classification.--The Law Revision Counsel is directed to place
this section in a note following section 284 of title 10, United States
Code.
SEC. 1045. LIMITATION ON USE OF FUNDS FOR THE INACTIVATION OF ARMY
WATERCRAFT UNITS.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2020 may be obligated or
expended for the inactivation of any Army watercraft unit until the
Secretary of Defense submits to Congress certification that--
(1) the Secretary has completed the Army Watercraft
Requirements Review;
(2) the Secretary has entered into a contract with a
federally funded research and development corporation for the
review of the ability of the Army to meet the watercraft
requirements of the combatant commanders and the effects on
preparedness to provide support to States and territories in
connection with natural disasters, threats, and emergencies;
and
(3) the federally funded research and development
corporation has completed such review and validated the
findings of such review.
SEC. 1046. PROHIBITION ON USE OF FUNDS FOR CONSTRUCTION OF A WALL,
FENCE, OR OTHER PHYSICAL BARRIER ALONG THE SOUTHERN
BORDER OF THE UNITED STATES.
(a) Prohibition.--National defense funds may not be obligated,
expended, or otherwise used to design or carry out a project to
construct, replace, or modify a wall, fence, or other physical barrier
along the international border between the United States and Mexico.
(b) National Defense Funds Defined.--In this section, the term
``national defense funds'' means--
(1) amounts authorized to be appropriated for any purpose
in this division or authorized to be appropriated in division A
of any National Defense Authorization Act for any of fiscal
years 2015 through 2019, including any amounts of such an
authorization made available to the Department of Defense and
transferred to another authorization by the Secretary of
Defense pursuant to transfer authority available to the
Secretary; and
(2) funds appropriated in any Act pursuant to an
authorization of appropriations described in paragraph (1).
SEC. 1047. EXPENDITURE OF FUNDS FOR DEPARTMENT OF DEFENSE INTELLIGENCE
AND COUNTERINTELLIGENCE ACTIVITIES.
(a) In General.--Subject to subsections (b) and (c), the Secretary
of Defense may expend amounts made available for the Military
Intelligence Program for any of fiscal years 2020 through 2025 for
intelligence and counterintelligence activities for any purpose the
Secretary determines to be proper with regard to intelligence and
counterintelligence objects of a confidential, extraordinary, or
emergency nature. Such a determination is final and conclusive upon the
accounting officers of the United States.
(b) Limitation on Amount.--The Secretary of Defense may not expend
more than five percent of the amounts described in subsection (a) for
any fiscal year for objects described in that subsection unless--
(1) the Secretary notifies the congressional defense
committees and the congressional intelligence committees of the
intent to expend the amounts and purpose of the expenditure;
and
(2) 30 days have elapsed from the date on which the
Secretary provides the notice described in paragraph (1).
(c) Certification.--For each expenditure of funds under this
section, the Secretary shall certify that such expenditure was made for
an object of a confidential, extraordinary, or emergency nature.
(d) Report.--Not later than December 31 of each of 2020 through
2025, the Secretary of Defense shall submit to the congressional
defense committees and the congressional intelligence committees a
report on expenditures made under this section during the fiscal year
preceding the year in which the report is submitted. Each such report
shall include, for each expenditure under this section during the
fiscal year covered by the report, a description, the purpose, the
program element, and the certification required under section (c).
(e) Limitation on Delegations.--The Secretary of Defense may not
delegate the authority under this section with respect to any
expenditure in excess of $75,000.
(f) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees'' means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 1048. LIMITATION ON USE OF FUNDS TO HOUSE CHILDREN SEPARATED FROM
PARENTS.
(a) In General.--None of the amounts authorized to be appropriated
by this Act or otherwise made available to the Department of Defense
for fiscal year 2020 may be used to house a child separated from a
parent.
(b) Child Separated From a Parent.--
(1) In general.--For purposes of this section, a child
shall not be considered to be separated from a parent if the
separation is conducted by an agent or officer of Customs and
Border Protection at or near a port of entry or within 100
miles of a border of the United States, and one of the
following has occurred:
(A) A State court, authorized under State law,
terminates the rights of the parent or legal guardian,
determines that it is in the best interests of the
child to be removed from the parent or legal guardian,
in accordance with the Adoption and Safe Families Act
of 1997 (Public Law 105-89), or makes any similar
determination that is legally authorized under State
law.
(B) An official from the State or county child
welfare agency with expertise in child trauma and
development makes a best interests determination that
it is in the best interests of the child to be removed
from the parent or legal guardian because the child is
in danger of abuse or neglect at the hands of the
parent or legal guardian, or is a danger to herself or
others.
(C) The separation is authorized based on--
(i) the finding of a chief patrol agent or
the area port director in an official and
undelegated capacity that--
(I) the child is a victim of
trafficking or is at significant risk
of becoming a victim of trafficking;
(II) there is a strong likelihood
that the adult is not the parent or
legal guardian of the child; or
(III) the child is in danger of
abuse or neglect at the hands of the
parent or legal guardian, or is a
danger to themselves or others; and
(ii) the review and reauthorization of the
separation by an independent child welfare
expert licensed by the State or county in which
the child was separated by not later than 48
hours after the initial decision by the Chief
Patrol Agent or the Area Port Director.
(2) Effect of failure to reauthorize.-- In the case of a
separation referred to in paragraph (1)(C)(ii), if the child
welfare expert does not reauthorize such separation, the child
shall be considered separated from a parent for purposes of
this subsection.
SEC. 1049. LIMITATION ON USE OF FUNDS FOR PROVIDING HOUSING FOR
UNACCOMPANIED ALIEN CHILDREN.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for the Department of Defense may
be used to provide assistance to the Department of Health and Human
Services for the purpose of providing housing for unaccompanied alien
children unless the Secretary of Defense submits to Congress
certification that--
(1) the proposed site for the housing--
(A) will not be used to house any unaccompanied
alien children for longer than the deadlines set forth
in paragraph (12) of the Flores settlement agreement,
and complies with the other requirements of such
paragraph (12); or
(B) if the proposed site will be used to house any
unaccompanied alien children for longer than such
deadlines, the proposed site meets the standards for
``licensed programs'' as defined in the Flores
settlement agreement, including by being licensed by an
appropriate State agency to provide residential, group,
or foster care services for dependent children; and
(2) identifies any known or potential environmental hazards
at or near the proposed site;
(3) describes the actions taken or to be taken to mitigate
any such hazard; and
(4) identifies any waivers or exceptions to standards of
the Department of Health and Human Services, including the
Flores settlement agreement, that have been requested or
granted with regard to the site.
(b) Definitions.--In this section:
(1) The term ``unaccompanied alien children'' has the
meaning given such term in section 462 of the Homeland Security
Act of 2002 (6 U.S.C. 279)).
(2) The term ``Flores settlement agreement'' means the
stipulated settlement agreement filed on January 17, 1997, in
the United States District Court for the Central District of
California in Flores v. Reno, CV 85-4544-RJK.
SEC. 1050. UNITED STATES MUNITIONS LIST.
The President may not remove from the United States Munitions List
any item that was included in category I, II, or III of the United
States Munitions List, as in effect on August 31, 2017.
SEC. 1050A. LIMITATION ON USE OF FUNDS FOR REIMBURSEMENT OF EXPENSES AT
CERTAIN PROPERTIES.
(a) Limitation.--None of the funds made available for the
Department of Defense may be obligated or expended to the following
properties or to an entity with an ownership interest in such property:
(1) Trump Vineyard Estates.
(2) Trump International Hotel & Tower, Chicago.
(3) Mar-A-Lago Club.
(4) Trump Grande Sunny Isles.
(5) Trump Hollywood.
(6) Trump Towers Sunny Isles.
(7) Trump Plaza New Jersey.
(8) Trump International Hotel, Las Vegas.
(9) The Estates at Trump National.
(10) 610 Park Avenue, New York City.
(11) Trump International Hotel & Tower, New York.
(12) Trump Palace.
(13) Trump Parc.
(14) Trump Parc East.
(15) Trump Park Avenue.
(16) Trump Park Residences, Yorktown.
(17) Trump Place.
(18) Trump Plaza, New Rochelle.
(19) Trump Soho, New York City.
(20) Trump Tower at City Center, Westchester.
(21) Trump Tower, New York City.
(22) Trump World Tower.
(23) Trump Parc, Stamford.
(24) Trump International Hotel and Tower, Waikiki Beach
Walk.
(25) Trump Towers, Istanbul Sisli.
(26) Trump Ocean Club.
(27) Trump International & Tower Hotel, Toronto.
(28) Trump Tower at City Century City, Makati, Philippines.
(29) Trump Tower, Mumbai.
(30) Trump Towers, Pune.
(31) Trump Tower, Punta Del Este, Uruguay.
(32) Trump International Hotel & Tower, Vancouver.
(33) 40 Wall Street, New York City.
(34) 1290 Avenue of the Americas, New, York City.
(35) Trump International Hotel, Washington
(36) 555 California Street, San Francisco.
(37) Trump Tower, Rio de Janeiro.
(38) Trump International Golf Links & Hotel, Doonbeg,
Ireland.
(39) Trump National Doral, Miami.
(40) Trump Ocean Club, Panama City, Panama.
(41) Albemarle Estate at Trump Winery, Charlottesville,
Virginia.
(42) Trump International Golf Links, Scotland.
(43) Trump National Golf Club, Bedminster.
(44) Trump National Golf Club, Charlotte.
(45) Trump National Golf Club, Colts Neck.
(46) Trump International Golf Links, Ireland.
(47) Trump Golf Links at Ferry Point, New York.
(48) Trump National Golf Club, Hudson Valley.
(49) Trump National Golf Club, Jupiter.
(50) Trump National Golf Club, Los Angeles.
(51) Trump International Golf Club, West Palm Beach.
(52) Trump National Golf Club, Philadelphia.
(53) Trump International Golf Club, Dubai.
(54) Trump World Golf Club, Dubai.
(55) Trump Turnberry, Scotland.
(56) Trump National Golf Club, Potomac Falls, Virginia.
(57) Trump National Golf Club, Westchester.
(b) Waiver.--The President may issue a waiver to the limitation
under subsection (a) for costs incurred with respect to the properties
listed above if the president reimburses the Department of the Treasury
for the amount of the cost associated with the expense.
SEC. 1050B. LIMITATION ON USE OF FUNDS FOR EXHIBITION OF PARADE OF
MILITARY FORCES AND HARDWARE FOR REVIEW BY THE PRESIDENT.
None of the funds authorized to be appropriated by this Act or
otherwise appropriated for Fiscal Year 2020 for the Department of
Defense may be obligated or expended for any exhibition or parade of
military forces and hardware, with the exception of the display of
small arms and munitions appropriate for customary ceremonial honors
and for the participation of military units that perform customary
ceremonial duties, for review by the President in a public or private
exercise outside of authorized military operations or activities.
SEC. 1050C. PROHIBITION ON USE OF DOD EQUIPMENT, PERSONNEL, AND
FACILITIES FOR ICE DETENTION.
No facilities, equipment, or personnel of the Department of Defense
may be used to house or construct any housing for any foreign nationals
who are in the custody of and detained by U.S. Immigration and Customs
Enforcement.
Subtitle F--National Defense Strategy Implementation
SEC. 1051. SHORT TITLE.
This subtitle may be cited as the ``National Defense Strategy
Implementation Act''.
SEC. 1052. REPORT ON OPERATIONAL CONCEPTS AND PLANS REGARDING STRATEGIC
COMPETITORS.
Not later than February 1, 2020, and then biannually thereafter,
the Secretary of Defense shall submit to the congressional defense
committees a report on the Department of Defense's operational concepts
and plans regarding strategic competitors, including on strategically
significant matters identified in the National Defense Strategy, that
also addresses each of the following:
(1) Ways of employing the force in peace time to
effectively deter strategic competitors below the threshold of
war while ensuring readiness for potential conflict.
(2) Ways of adapting innovative, operational concepts
needed for strategically significant and plausible scenarios
related to strategic competitors.
(3) Ways of addressing operational challenges related to
achieving the strategic advantage against strategic competitors
related to nuclear, space, cyber, conventional, and
unconventional means in warfighting doctrine.
(4) The technologies, force developments, posture and
capabilities, readiness, infrastructure, organization,
personnel, and other elements of the defense program necessary
to enable these operational concepts and its implementation
listed in paragraphs (1) through (3).
(5) The ability of the National Security Innovation Base to
support the operational concepts listed in paragraphs (1)
through (3).
(6) The resources and defense investments necessary to
support the operational concepts and its implementation,
including budget recommendations.
(7) The risks associated with the operational concepts,
including the relationship and tradeoffs between missions,
risks, and resources.
(8) Measures and metrics to track the effectiveness of the
operational concepts and plans.
SEC. 1053. ACTIONS TO INCREASE ANALYTIC SUPPORT.
(a) In General.--The Secretary of Defense shall direct the Under
Secretary of Defense for Policy, the Director of the Joint Staff, and
the Director of Cost Assessment and Program Evaluation, in consultation
with the head of each military service, to jointly develop and
implement a plan to strengthen the analytic capabilities, expertise,
and processes necessary to meet the National Defense Strategy.
(b) Elements.--The plan under subsection (a) shall include--
(1) an assessment of the decision support capability of the
Department of Defense, specifically the analytic expertise the
Department is using to link National Defense Strategy
objectives to innovative approaches for meeting future
challenges, including winning in conflict and competing
effectively against strategic competitors;
(2) an approach for comparing competing analyses and
conducting joint analyses for force structure to support senior
leaders in implementing the National Defense Strategy;
(3) a determination of the analytic products and support
required to implement the National Defense Strategy, including
the ability to update these products to reflect current
strategy and future threats; and
(4) such other matters as the Secretary of Defense
determines to be appropriate.
(c) Briefing Required.--Not later than March 1, 2020, the Secretary
of Defense shall provide to the congressional defense committees a
briefing on the plan under subsection (a).
SEC. 1054. DEFINITIONS.
In this subtitle:
(1) The term ``operational challenges'' means the principal
operational challenges to meeting the defense objectives
described in the most recent National Defense Strategy, as such
challenges are defined by the Secretary of Defense in guidance
issued to the Department of Defense. The guidance issued by the
Secretary of under the preceding sentence shall--
(A) specifically identify operational challenges to
the Department's principal strategic priorities of
competing effectively with strategic competitors; and
(B) be made available in unclassified and publicly
accessible form.
(2) The term ``strategic competitors'' means a country
labeled as a strategic competitor in the ``Summary of the 2018
National Defense Strategy of the United States of America:
Sharpening the American Military's Competitive Edge'' issued by
the Department of Defense pursuant to section 113 of title 10,
United States Code.
Subtitle G--Studies and Reports
SEC. 1061. REPORT ON TRANSFERS OF EQUIPMENT TO PROHIBITED ENTITIES.
(a) Annual Report to Congress.--
(1) In general.--Subchapter VIII of chapter 16 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 387. Annual report on transfers of equipment to prohibited
entities
``(a) Report Required.--Not later than March 1, 2021, and each
subsequent year, the Secretary of Defense, in coordination with the
Secretary of State, shall submit to the appropriate committees of
Congress a report on the transfer of defense articles during the year
preceding the year during which the report is submitted to--
``(1) any unit committing a gross violation of human
rights; or
``(2) any group or organization prohibited from receiving
assistance from the United States.
``(b) Matters to Be Included.--Each report required by subsection
(a) shall include the following for the year covered by the report:
``(1) A description of any confirmed instance in which the
government of a foreign state that has received defense
articles pursuant to a Department of Defense assistance
authority has subsequently transferred the equipment to a unit
of that foreign state that is prohibited from receiving
assistance from the United States by reason of a determination
by the Secretary of State that there is credible evidence that
such unit has committed a gross violation of human rights.
``(2) A description of any instance, confirmed or under
investigation, in which the government of a foreign state that
has received defense articles pursuant to a Department of
Defense assistance authority has subsequently transferred the
equipment to a group or organization that is prohibited from
receiving assistance from the United States.
``(c) Appropriate Committees of Congress Defined.--In this section,
the term `appropriate committees of Congress' means--
``(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
``(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 386 the following new item:
``387. Annual report on transfers of equipment to prohibited
entities.''.
(b) Report to Congress.--
(1) Report required.--Not later than March 1, 2020, the
Secretary of Defense shall submit to the appropriate committees
of Congress (as such term is defined in section 387 of title
10, United States Code, as added by subsection (a)), a report
on the transfer of defense articles during the period beginning
on January 1, 2015, and ending on the date of the enactment of
this Act to--
(A) any unit committing a gross violation of human
rights; or
(B) any group or organization prohibited from
receiving assistance from the United States.
(2) Matters for inclusion.--Such report shall include, for
such period, each of the following:
(A) A description of any confirmed instance in
which the government of a foreign state that has
received defense articles pursuant to a Department of
Defense assistance authority has subsequently
transferred the equipment to a unit of that foreign
state that is prohibited from receiving assistance from
the United States by reason of a determination by the
Secretary of State that there is credible evidence that
such unit has committed a gross violation of human
rights.
(B) A description of any instance, confirmed or
under investigation, in which the government of a
foreign state that has received defense articles
pursuant to a Department of Defense assistance
authority has subsequently transferred the equipment to
a group or organization that is prohibited from
receiving assistance from the United States.
SEC. 1062. ELIMINATION OF REQUIREMENT TO SUBMIT REPORTS TO CONGRESS IN
PAPER FORMAT.
Section 480 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``a copy of'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection:
``(c) Elimination of Paper Submission Requirement.--Whenever the
Secretary (or other official) provides a report to Congress (or any
committee of either House of Congress) in an electronic medium under
subsection (a), the Secretary (or other official) shall not be required
to submit an additional copy of the report in a paper format.''.
SEC. 1063. MODIFICATION OF ANNUAL REPORT ON CIVILIAN CASUALTIES IN
CONNECTION WITH UNITED STATES MILITARY OPERATIONS.
(a) Additional Element for Report.--Subsection (b) of section 1057
of the National Defense Authorization Act for Fiscal Year 2018 (Public
Law 115-91; 131 Stat. 1572), as amended by section 1062 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is amended--
(1) by redesignating paragraphs (5) and (6) as paragraphs
(8) and (9), respectively; and
(2) by inserting after paragraph (4) the following new
paragraphs:
``(5) A description of any allegations of civilian
casualties made by public or non-governmental sources
investigated by the Department of Defense.
``(6) An evaluation of the general reasons for any
discrepancies between the assessments of the United States and
reporting from nongovernmental organizations regarding non-
combatant deaths resulting from strikes and operations
undertaken by the United States.
``(7) The definitions of `combatant' and `non-combatant'
used in the preparation of the report.''.
(b) Definition of Non-combatant.--Such section is further amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Definition of Non-combatant.--For purposes of the preparation
of a report under this section, the Secretary of Defense shall define
the term `non-combatant'. Such definition shall--
``(1) be consistent with the laws of war; and
``(2) provide that a male of military age shall not be
determined to be a combatant solely on the basis of proximity
to a strike or nonstrike kinetic operation, or the intended
target of such an operation.''.
(c) Extension.--Subsection (f) of such section, as so redesignated,
is amended by striking ``five years'' and inserting ``ten years''.
(d) Classification.--The Law Revision Counsel is directed to place
this section in a note following section 113 of title 10, United States
Code.
SEC. 1064. INCLUSION OF CERTAIN INDIVIDUALS INVESTIGATED BY INSPECTORS
GENERAL IN THE SEMIANNUAL REPORT.
Section 5(a) of the Inspector General Act of 1978 (5 U.S.C. App.)
is amended--
(1) in paragraph (21), by striking ``; and'' at the end and
inserting a semicolon;
(2) in paragraph (22), by striking the period at the end
and inserting ``; and''; and
(3) by inserting after paragraph (22) the following new
paragraph:
``(23) the name of each individual who is the subject of an
investigation if the individual was an officer in the grade of
O-7 and above, including officers who have been selected for
promotion to O-7, or a civilian member of the Senior Executive
Service.''.
SEC. 1065. ANNUAL REPORT ON JOINT MILITARY INFORMATION SUPPORT
OPERATIONS WEB OPERATIONS CENTER.
(a) In General.--Not later than March 1 of 2020, and each
subsequent year until the termination date specified in subsection (c),
the Commander of United States Special Operations Command shall submit
to the congressional defense committees a report on the activities of
the Joint Military Information Support Operations Web Operations Center
(hereinafter referred to as the ``JMWC'') during the most recently
concluded fiscal year.
(b) Contents of Report.--The report required by subsection (a)
shall include each of the following, for the fiscal year covered by the
report:
(1) Definitions of initial operating capability and full
operational capability as such terms relate to the JMWC.
(2) A detailed description of all activities conducted
toward achieving initial operating capability and full
operational capability of the JMWC.
(3) A list of all associated funding requested for each
program element for achieving initial operating capability and
full operational capability.
(4) A detailed description of validated doctrine,
organization, training, materiel, leadership and education,
personnel, facilities, and policy requirements relating to
establishment of the JMWC.
(5) A description of current JMWC capabilities, including
information technology infrastructure and contractual
arrangements.
(6) A list of all physical locations hosting JMWC
capabilities.
(7) The number of military, contractor, and civilian
personnel associated with the JMWC and any affiliated agency,
service, or other Department of Defense entity.
(8) A description of the JMWC personnel organizational
structure.
(9) An identification of inherently governmental functions
relating to administration of the JMWC and execution of
Military Information Support Operations (hereinafter referred
to as ``MISO)'' programs hosted by the JMWC.
(10) A detailed description of frameworks, metrics, and
capabilities established to measure the effectiveness of MISO
programs hosted by the JMWC.
(11) A list of all associated funding requested by program
element from each of the geographic combatant commanders for
MISO programs hosted by the JMWC and a description of such MISO
activities.
(12) An assessment of the effectiveness of MISO programs
hosted by the JMWC.
(13) A description of efforts and activities conducted to
share best practices and leverage lessons learned across the
Department of Defense relating to MISO programs hosted by the
JMWC, as well as a description of such best practices and
lessons learned.
(14) An identification of liaisons and detailees to the
JMWC from agencies and elements of the Department of Defense.
(15) Activities and efforts conducted to synchronize and
deconflict MISO programs within the Department of Defense and
with interagency and international partners related to
strategic communications, as appropriate.
(16) Such other information as the Commander determines
appropriate.
(c) Termination.--The requirement to submit a report under this
section shall terminate on January 1, 2025.
SEC. 1066. MOBILITY CAPABILITY REQUIREMENTS STUDY.
(a) In General.--The Commander of the United States Transportation
Command, in coordination with the Chairman of the Joint Chiefs of Staff
and the Secretaries of the military departments, shall conduct a study
of the end-to-end, full-spectrum mobility requirements to fulfill the
national defense strategy required by section 113(g) of title 10,
United States Code, for 2018. Such study shall be completed not later
than January 1, 2021.
(b) Elements of Study.--The study required under subsection (a)
shall include each of the following:
(1) An assessment of the ability of the programmed airlift
aircraft, tanker aircraft, sealift ships, and key mobility
enablers to meet the integrated mobility requirements in
expected strategic environments, as defined by the guidance in
such national defense strategy.
(2) An identification, quantification, and description of
the associated risk-to-mission (as defined by Chairman of the
Joint Chiefs of Staff Manual 3105.01, Joint Risk Analysis)
required to fulfill such strategy, including--
(A) as assessment of risk-to-mission associated
with achieving strategic and operational objectives
using the programmed airlift aircraft, tanker aircraft,
sealift ships, and key mobility enablers; and
(B) a description of the combinations of airlift
aircraft, tanker aircraft, sealift ships, and key
mobility enabler requirements and capabilities that
provide low, moderate, significant, and high levels of
risk-to-mission to fulfill such strategy.
(3) An identification of any mobility capability gaps,
shortfalls, overlaps, or excesses, including--
(A) an assessment of associated risks with respect
to the ability to conduct operations; and
(B) recommended mitigation strategies where
possible.
(4) The articulation of all key assumptions and decisions
made and excursions examined in conducting the study with
respect to--
(A) risk;
(B) programmed forces and infrastructure;
(C) the availability of commercial airlift and
sealift capabilities and resources, when applicable;
(D) aircraft usage rates, aircraft mission
availability rates, aircraft mission capability rates,
aircrew ratios, aircrew production, and aircrew
readiness rates;
(E) readiness, crewing, and activation rates for
sealift ships;
(F) prepositioning, forward stationing, seabasing,
engineering, and infrastructure;
(G) demand signals used to represent missions
described in the national defense strategy for 2018, in
competition and wartime;
(H) concurrency and global integration of demand
signals;
(I) integrated global presence and basing strategy;
(J) host nation or third-country support;
(K) adversary actions to degrade and disrupt United
States mobility operations;
(L) adversary actions that threaten freedom of
navigation on international waterways, including
attacks on foreign ships and crews;
(M) aircraft being used for training or undergoing
depot maintenance or modernization or ships undergoing
depot maintenance;
(N) mobility enabling forces availability,
readiness, and use;
(O) logistics concept of operations, including any
support concepts, methods, combat support forces, and
combat service support forces that are required to
enable the projection and enduring support to forces
both deployed and in combat for each analytic scenario;
(P) anticipated attrition rates for the assessed
force structure; and
(Q) such other matters as the Commander determines
appropriate.
(5) Such other elements as the Commander determines
appropriate.
(c) Reports and Briefings.--
(1) Interim report and briefing.--Not later than June 1,
2020, the Commander of the United States Transportation
Command, in coordination with the Chairman of the Joint Chiefs
of Staff and the Secretaries of the military departments,
shall--
(A) submit to the Committee on Armed Services of
the House of Representatives an interim report on the
study; and
(B) provide to such Committee a briefing on the
report.
(2) Final report and briefing.--Not later than January 1,
2021, the Commander of the United States Transportation
Command, in coordination with the Chairman of the Joint Chiefs
of Staff and the Secretaries of the military departments,
shall--
(A) submit to the Committee on Armed Services of
the House of Representatives a final report on the
study; and
(B) provide to such Committee a briefing on the
report.
(3) Form of reports.--The reports required by paragraphs
(1) and (2) shall be submitted in unclassified form, but may
include a classified annex.
(d) Definition of Sealift Ship.--In this section, the term
``sealift ship'' includes surge sealift vessels, tanker vessels, and
non-governmental vessels incorporated as part of the maritime logistics
enterprise.
SEC. 1067. ASSESSMENT OF SPECIAL OPERATIONS FORCE STRUCTURE.
(a) Assessment.--
(1) In general.--The Secretary of Defense shall enter into
an agreement with a federally funded research and development
center for the conduct of an independent assessment of the
force structure and roles and responsibilities of special
operations forces.
(2) Submission to congress.--Not later than July 1, 2020,
the Secretary shall submit to the congressional defense
committees the results of the assessment required under
paragraph (1).
(3) Form.--The assessment required under paragraph (1)
shall be submitted in unclassified form, but may contain a
classified annex.
(b) Matters to Be Considered.--In performing the assessment under
this section, the federally funded research and development center
shall consider the following matters:
(1) The most recent national defense strategy under section
113(g) of title 10, United States Code.
(2) Special operations activities, as described in section
167(k) of title 10, United States Code.
(3) Potential future national security threats to the
United States.
(4) Ongoing counterterrorism and contingency operations of
the United States.
(5) The demand for special operations forces by geographic
combatant commanders for security cooperation, exercises, and
other missions that could be executed by conventional forces.
(6) Other government and non-government analyses that would
contribute to the assessment through variations in study
assumptions or potential scenarios.
(7) The role of emerging technology on special operations
forces.
(8) Opportunities for reduced operation and sustainment
costs of special operations.
(9) Current and projected capabilities of other United
States Armed Forces that could affect force structure
capability and capacity requirements of special operations
forces.
(10) The process by which United States Special Operations
Command determines force size and structure.
(11) The readiness of special operations forces for
assigned missions and future conflicts.
(12) The adequacy of special operations force structure for
meeting the goals of the National Military Strategy under
section 153(b) of title 10, United States Code.
(13) Any other matters deemed relevant.
(c) Assessment Results.--The results of the assessment under this
section shall include each of the following:
(1) Considerations and recommendations for improving the
readiness of special operations forces and alternative force
structure options.
(2) Legislative recommendations with respect to section 167
of title 10, United States Code, and other relevant provisions
of law.
(3) The views of United States Special Operations Command
on the assessment.
SEC. 1068. ARMY AVIATION STRATEGIC PLAN AND MODERNIZATION ROADMAP.
(a) Strategic Plan and Modernization Roadmap.--
(1) In general.--The Secretary of the Army shall develop a
comprehensive strategic plan for Army aviation, which shall be
designed to--
(A) ensure the alignment between requirements, both
current and future, and Army budget submissions to meet
such requirements; and
(B) inform the preparation of future defense
program and budget requests by the Secretary, and the
consideration of such requests by Congress.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) An assessment of all missions for Army
aviation, both current missions and those missions
necessary to support the national defense strategy and
the U.S. Army in Multi-Domain Operations 2028 concept.
(B) An analysis of platforms, capabilities, and
capacities necessary to fulfill such current and future
Army aviation missions.
(C) The required life cycle budget associated with
each platform, capability, and capacity requirement for
both current and future requirements.
(D) An analysis showing operational, budget, and
schedule trade-offs between sustainment of currently
fielded capabilities, modernization of currently
fielded capabilities, and development and production of
new capabilities.
(b) Report to Congress.--Not later than March 30, 2020, the
Secretary of the Army shall submit to the congressional defense
committees a report containing--
(1) the comprehensive strategic plan required by subsection
(a); and
(2) a sustainment and modernization plan for carrying out
such strategic plan through fiscal year 2028.
SEC. 1069. REPORT ON GROUND-BASED LONG-RANGE ARTILLERY TO COUNTER LAND
AND MARITIME THREATS.
(a) In General.--Not later than March 1, 2020, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the efforts by the Army and
Marine Corps to develop and deploy ground-based long-range rocket and
cannon artillery to counter land and maritime threats.
(b) Elements.--The report required by subsection (a) shall include
each of the following:
(1) An assessment of ongoing and future Army and Marine
Corps efforts to develop and deploy ground-based long-range
rocket and cannon artillery to counter land and maritime fires
in the areas of operations of United States Indo-Pacific
Command and United States European Command.
(2) An assessment of and recommendations for how the
Department of Defense can improve the development and
deployment of such artillery.
(3) An analysis and assessment of how such artillery
employed in support of the Armed Forces of the United States
and allied forces would be deployed, positioned, and controlled
to operate effectively against potential adversaries throughout
the depth of their tactical, operational, and strategic
formations, including any recommendations of the Secretary
regarding how such support could be enhanced.
(c) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 1070. INDEPENDENT REVIEW OF TRANSPORTATION WORKING-CAPITAL FUND.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of each of the military departments, shall enter into a
contract with a federally funded research and development center for
the conduct of an independent review of the transportation working-
capital fund (hereinafter referred to as the ``TWCF'') of the United
States Transportation Command.
(b) Matters for Inclusion.--The review conducted under subsection
(a) shall include each of the following:
(1) The viability of the TWCF as it is structured as of the
date of the enactment of this Act.
(2) An assessment of any instances in which excess TWCF
funds were used for procurement or modernization efforts that
would not otherwise have been funded using amounts made
available for operation and maintenance.
(3) Recommendations for how the TWCF could be restructured
in order to make the fund more effective and efficient.
(4) Potential alternative funding mechanisms for certain
components of the TWCF, including the channel system.
(5) Any other matters the Secretaries jointly determine
appropriate.
(c) Report.--Not later than March 1, 2021, the Secretary of Defense
and the Secretary of each of the military departments shall jointly
submit the to the congressional defense committees a copy of the review
conducted under subsection (a).
SEC. 1071. GEOGRAPHIC COMMAND RISK ASSESSMENT OF PROPOSED USE OF
CERTAIN AIRCRAFT CAPABILITIES.
(a) In General.--Not later than March 31, 2020, each commander of a
geographic combatant command shall submit to the congressional defense
committees a report containing an assessment of the level of
operational risk to that command posed by the plans of the Department
of the Navy and Department of the Air Force to provide a mix of fifth
generation and advanced fourth generation tactical aircraft
capabilities to meet contingency and steady-state operational
requirements against adversaries in support of the objectives of the
2018 national defense strategy.
(b) Assessment of Risk.--In assessing levels of operational risk
under subsection (a), a commander shall use the military risk matrix of
the Chairman of the Joint Chiefs of Staff, as described in CJCS
Instruction 3401.01E.
(c) Geographic Combatant Command.--In this section, the term
``geographic combatant command'' means each of the following:
(1) United States European Command.
(2) United States Indo-Pacific Command.
(3) United States Africa Command.
(4) United States Southern Command.
(5) United States Northern Command.
(6) United States Central Command.
SEC. 1072. ANNUAL REPORT ON STRIKES UNDERTAKEN BY THE UNITED STATES
AGAINST TERRORIST TARGETS OUTSIDE AREAS OF ACTIVE
HOSTILITIES.
(a) Annual Report.--Not later than May 1 of each year, the Director
of National Intelligence shall submit to Congress a report on the
number of strikes undertaken by the United States against terrorist
targets outside areas of active hostilities during the preceding
calendar year, as well as assessments of combatant and non-combatant
deaths resulting from those strikes.
(b) Contents of Report.--The report required by subsection (a)
shall include--
(1) information obtained from relevant agencies regarding
the general sources of information and methodology used to
conduct the assessments of combatant and non-combatant deaths;
(2) to the extent feasible and appropriate, the general
reasons for discrepancies between post-strike assessments from
the United States and credible reporting from nongovernmental
organizations regarding non-combatant deaths resulting from
strikes undertaken by the United States against terrorist
targets outside areas of active hostilities.
(c) Review of Post-strike Reporting.--In preparing a report under
this section, the Director shall review relevant and credible post-
strike all-source reporting, including such information from
nongovernmental sources, for the purpose of ensuring that this
reporting is available to and considered by relevant agencies in their
assessment of deaths.
(d) Form of Report.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a classified annex.
SEC. 1073. TERMINATION OF REQUIREMENT FOR SUBMITTAL TO CONGRESS OF
CERTAIN RECURRING REPORTS.
(a) Termination.--Effective on December 30, 2021, each report
described in subsection (b) that is still required to be submitted to
Congress as of such effective date shall no longer be required to be
submitted to Congress.
(b) Covered Reports.--A report described in this subsection is a
recurring report that is required to be submitted to Congress by the
Department of Defense, or by any officer, official, component, or
element of the Department, by any annual national defense authorization
Act enacted on or after December 30, 2016.
SEC. 1074. REPORT ON OPERATIONAL CONCEPTS AND PLANS REGARDING STRATEGIC
COMPETITORS.
Not later than February 1, 2020, and then biannually thereafter,
the Secretary of Defense shall submit to the congressional defense
committees a report on the Department of Defense's operational concepts
and plans regarding strategic competitors, including on strategically
significant matters identified in the National Defense Strategy, that
also addresses each of the following:
(1) Ways of employing the force in peace time to
effectively deter strategic competitors below the threshold of
war while ensuring readiness for potential conflict.
(2) Ways of adapting innovative, operational concepts
needed for strategically significant and plausible scenarios
related to strategic competitors.
(3) Ways of addressing operational challenges related to
achieving the strategic advantage against strategic competitors
related to nuclear, space, cyber, conventional, and
unconventional means in warfighting doctrine.
(4) The technologies, force developments, posture and
capabilities, readiness, infrastructure, organization,
personnel, and other elements of the defense program necessary
to enable these operational concepts and its implementation
listed in paragraphs (1) through (3).
(5) The ability of the National Security Innovation Base to
support the operational concepts listed in paragraphs (1)
through (3).
(6) The resources and defense investments necessary to
support the operational concepts and its implementation,
including budget recommendations.
(7) The risks associated with the operational concepts,
including the relationship and tradeoffs between missions,
risks, and resources.
(8) Measures and metrics to track the effectiveness of the
operational concepts and plans.
SEC. 1075. SENSE OF CONGRESS REGARDING MODULAR AIRBORNE FIRE FIGHTING
SYSTEM; REPORT.
(a) Findings.--Congress makes the following findings:
(1) Congress established the Modular Airborne Fire Fighting
System (in this section referred to as ``MAFFS'') after
civilian fire fighting tanker fleets were overwhelmed by the
1970 Laguna Fire that killed eight individuals and destroyed
382 homes.
(2) Air National Guard C-130 aircraft equipped with the
MAFFS provide emergency capability to supplement existing
commercial tanker support on wildland fires.
(3) A MAFFS II unit can discharge its load of 3,000 gallons
of flame retardant in less than five seconds, covering an area
one-quarter of a mile long and 60 feet wide.
(4) Air National Guard and Air Force Reserve units equipped
with MAFFS II have provided critical support in fire fighting
response efforts in recent years, including the Camp and
Woolsey Fires in November 2018.
(5) The National Guard Bureau is currently developing a
replacement system to the current, aging fleet of MAFFS II
systems.
(6) The current MAFFS II system requires significant
maintenance and repair, including deteriorating compression
systems, that could reduce MAFFS capability in as soon as two
years.
(b) Sense of Congress.--It is the sense of Congress that--
(1) MAFFS provides a necessary capability to support
national, State, and local fire fighting response efforts;
(2) fire fighting response would be severely affected if
MAFFS II or replacement MAFFS systems were not available,
including reducing the number of sorties and drops planes can
fly during emergencies; and
(3) the Department of Defense should use funding provided
under the National Guard and Reserve Equipment Account to
develop, sustain and maintain continued MAFFS capability,
including IMAFFS systems to replace the current fleet.
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit a report to the
congressional defense committees regarding plans of the Secretary to
fund long-term sustainment and operation and maintenance of MAFFS
capabilities, including plans for the National Guard Bureau to submit
program objective memoranda for funding for lifetime costs to the
Department of Defense to be included in future Department of Defense
Budget Requests, including the feasibility of establishing a dedicated
program-of-record.
SEC. 1076. REPORT ON BACKLOG OF PERSONNEL SECURITY CLEARANCE
ADJUDICATIONS.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, and quarterly thereafter for five years, the
Suitability Executive Agent, shall submit to Congress a report on the
backlog of personnel security clearance adjudications. Such report
shall include--
(1) the size of the backlog of personnel security clearance
adjudications, by agency, for the fiscal quarter preceding the
quarter during which the report is submitted;
(2) the average length of time, for each security clearance
sensitivity level, to carry out an initial adjudication and an
adjudication following a periodic reinvestigation, by agency;
(3) the number of cases referred to the Consolidated
Adjudication Facility of the Department of Defense;
(4) the number of cases adjudicated by the Consolidated
Adjudication Facility of the Department of Defense compared to
the number of cases deferred to continuous evaluation or
vetting;
(5) the number of adjudicators by agency; and
(6) a backlog mitigation plan, which shall include--
(A) the identification of the cause of, and
recommendations to remedy, the adjudication backlog at
Federal agencies; and
(B) the steps the Suitability Executive Agency
shall take to reduce the adjudication backlog.
(b) Public Availability.--The report required under subsection (a)
shall be made publicly available.
SEC. 1077. REPORT ON POLICIES RELATING TO SMALL FARMS.
Not later than 90 days after the date of the enactment of this Act,
the Defense Logistics Agency and the Defense Commissary Agency shall
submit to the congressional defense committees a report on the
programs, policies, and practices of the Defense Logistics Agency and
Defense Commissary Agency, respectively, relating to small farms, farms
owned by new and beginning farmers, and farmers who are veterans or
minorities, including a description of opportunities and barriers to
expanding the use of such programs, policies, or practices.
SEC. 1078. REPORT ON ARTIFICIAL INTELLIGENCE.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
head of the Joint Artificial Intelligence Center, shall submit to the
appropriate congressional committees a report on the artificial
intelligence strategy of the Department of Defense.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) Analysis of the increasing use of artificial
intelligence technology by the Department of Defense and the
effects of such technology on the Department.
(2) Identification of the data necessary for the Secretary
to properly conduct the analysis under paragraph (1), including
identification of any gaps in the availability of such data.
(3) The plan of the Secretary to protect systems that use
artificial intelligence from bad actors and any attempts by
individuals to misrepresent or alter information used or
provided by artificial intelligence.
(4) Analysis of the expected benefits of artificial
intelligence for the operation of the Armed Forces over the
period of 20 years following the year in which the report is
submitted.
(5) Analysis of the potential of artificial intelligence to
improve multi-domain operations across the Armed Forces.
(6) Identification of any ethical guidelines applicable to
the use of artificial intelligence by the Department.
(7) The plan of the Secretary to ensure collaboration among
the Department, industry, academia, and national laboratories
on matters relating to the research, development, test, and
evaluation, contracting, acquisition, and onboarding of
artificial intelligence technology.
(c) Collaboration.--In preparing the report under subsection (a),
the Secretary of Defense may collaborate, through a series of meetings,
roundtables, or by other means, with--
(1) a broad range of industrial stakeholders in the
technology, manufacturing, and service sectors, including large
and small companies, think tanks, and industry organizations;
and
(2) the heads of any other Federal agencies the Secretary
determines to be appropriate.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committees on Armed Services of the Senate and the
House of Representatives;
(2) the Committee on Science, Space, and Technology of the
House of Representatives;
(3) the Committee on Commerce, Science, and Transportation
of the Senate;
(4) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(5) the Select Committee on Intelligence of the Senate.
SEC. 1079. REPORT ON FINANCIAL COSTS OF OVERSEAS UNITED STATES MILITARY
POSTURE AND OPERATIONS.
Not later than March 1, 2020, the Secretary of Defense shall submit
to the congressional defense committees a report on the financial costs
and national security benefits of each of the following for fiscal year
2019:
(1) Operating, improving, and maintaining overseas military
infrastructure at installations included on the enduring
location master list, including adjustments that take into
account direct or in-kind contributions made by the host
nations of such enduring locations.
(2) Operating, improving, and maintaining overseas military
infrastructure supporting forward-deployed forces at overseas
contingency locations, including adjustments that take into
account direct or in-kind contributions made by the host
nations of such enduring locations.
(3) Overseas military operations, including support to
contingency operations, rotational deployments, and training
exercises.
SEC. 1080. HUMAN RIGHTS IN BRAZIL.
No later than 180 days after enactment of the Act, the Secretary of
Defense and the Secretary of State shall jointly submit a report to the
Committees on Armed Services of the House of Representatives and the
Senate, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of the Senate,
including--
(1) an assessment of the human rights climate in Brazil and
the commitment to human rights by the security forces of
Brazil, including military and civilian forces;
(2) an assessment of whether Brazilian security-force units
that are found to be engaged in human rights abuses may have
received or purchased United States equipment and training; and
(3) if warranted, a strategy to address any found human
rights abuses by the security forces of Brazil, including in
the context of Brazil's newly conferred Major Non-NATO Ally
status.
SEC. 1080A. REPORT ON COMBATING TRAFFICKING IN PERSONS INITIATIVE.
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 containing an analysis of the progress of the
Department of Defense in implementing the Combating Trafficking in
Persons Initiative, published in 2007 and as revised on June 21, 2019.
SEC. 1080B. PUBLIC AVAILABILITY OF CHIEF MANAGEMENT OFFICE ANNUAL
BUDGET REPORTS.
Section 132a(c)(1)(B) of title 10, United States Code, is amended--
(1) by striking ``The Chief Management Officer'' and
inserting ``(i) The Chief Management Officer''; and
(2) by adding at the end the following new clause:
``(ii) Each report required under clause (i) shall be made publicly
available on an internet website in a searchable format.''.
SEC. 1080C. REPORT REGARDING OUTSTANDING GAO RECOMMENDATIONS.
Not later than September 30, 2020, the Secretary of Defense shall
submit a report to Congress regarding--
(1) each of the 91 priority recommendations of the
Comptroller General regarding matters of Department of Defense
in report GAO-19-366SP, dated March 2019, that the Secretary
has not implemented by that date;
(2) an explanation for why the Secretary has not
implemented such recommendations;
(3) if a reason under paragraph (2) is funding, the
estimated cost for such implementation.
SEC. 1080D. PLAN TO INCREASE AND EXPAND COLD WEATHER TRAINING.
(a) Findings.--Congress makes the following findings:
(1) The strategic importance of the Arctic continues to
increase as the United States and other countries recognize the
military and economic importance of the region. However, the
operational capabilities of the United States Armed Forces in
extreme cold weather or Arctic environments have atrophied when
compared to regional adversaries.
(2) The 2018 national defense strategy stated ``The central
challenge to U.S. prosperity and security is the reemergence of
long-term, strategic competition by what the National Security
Strategy classifies as revisionist powers.''.
(3) The Government of the Russian Federation--
(A) has made significant military investments in
the Arctic, including the creation of an Arctic
Command, the Northern Fleet Joint Strategic Command;
(B) has emplaced an Air Defense Missile Regiment
throughout the Arctic;
(C) has invested in the construction or
refurbishment of 16 deepwater ports and 14 airfields in
the region and has conducted significant military
exercises.
(b) Sense of Congress.--It is the sense of Congress that the Arctic
is a region of strategic importance to the national security interests
of the United States and the Department of the Army must increase and
expand its cold weather training capabilities to ensure that United
States Armed Forces can operate in Arctic conditions necessary to
compete against a near peer adversary and to execute the national
defense strategy of the United States.
(c) Assessment Required.--The Secretary of the Army shall--
(1) conduct an assessment of cold weather training
requirements in light of increased operations and vulnerability
to great power competition in the Arctic; and
(2) develop a plan to increase and expand cold weather
training opportunities.
(d) Elements.--In conducting the assessment and developing the plan
as required under subsection (c), the Secretary shall--
(1) assess all existing cold weather training requirements
to include requirements for extreme cold, or Arctic conditions;
(2) identify capability gaps in confronting adversaries in
the Arctic that can be addressed by increased and improved
training;
(3) make recommendations for strengthening and improving
those training requirements and mitigation measures needed to
address the capabilities gaps necessary to confront
adversaries;
(4) assess existing cold weather training sites;
(5) consider steps necessary to increase student capacity
at such sites;
(6) consider manpower and supply requirements, including
cadre needed to support increased student capacity; and
(7) address any other matters the Secretary of the Army
considers relevant.
(e) Submittal to Congress.--Not later than 180 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 the plan required by subsection (c).
SEC. 1080E. COMPTROLLER GENERAL REVIEW OF DEPARTMENT OF DEFENSE SUPPORT
FOR THE DEPARTMENT OF HOMELAND SECURITY OPERATIONS ON THE
SOUTHWEST BORDER OF THE UNITED STATES.
(a) Review Required.--The Comptroller General of the United States
shall conduct a review of ongoing and planned future Department of
Defense support for Department of Homeland Security operations to
secure the southwest border of the United States.
(b) Report and Briefing.--
(1) Briefing.--Not later than 180 days after beginning to
conduct the review required under subsection (a), the
Comptroller General shall provide to the Committees on Armed
Services and Homeland Security and Governmental Affairs of the
Senate and the Committees on Armed Services and Homeland
Security of the House of Representatives a briefing on the
review.
(2) Report.--Subsequent to providing the briefing under
paragraph (1), the Comptroller General shall submit to the
Committees on Armed Services and Homeland Security and
Governmental Affairs of the Senate and the Committees on Armed
Services and Homeland Security of the House of Representatives
a report on the review.
Subtitle H--Other Matters
SEC. 1081. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) The table of chapters at the beginning of subtitle A,
and at the beginning of part I of such subtitle, are each
amended by striking the item relating to chapter 9A and
inserting the following:
``9A. Audit................................................. 240a''.
(2) The table of chapters at the beginning of subtitle A,
and at the beginning of part I of such subtitle, are each
amended by striking the item relating to chapter 112 and
inserting the following:
``112. Cyber Scholarship Program............................ 2200''.
(3) Section 113(j)(1) is amended by inserting ``the''
before ``congressional defense committees''.
(4) Section 119a is amended in each of the subsection
headings for subsections (a) and (b) by striking ``AACMS'' and
inserting ``ACCMS''.
(5) Section 127(c)(1) is amended by inserting ``the''
before ``congressional defense committees''.
(6) Section 130i is amended--
(A) in subsection (i)(1), by inserting ``(C)''
after ``(j)(3)''; and
(B) in subsection (j)(6), by striking ``40101'' and
inserting ``44802''.
(7) Section 131(b)(8) is amended by redesignating
subparagraph (I) as subparagraph (F).
(8) Section 132 is amended by redesignating subsection (e)
as subsection (d).
(9) The item relating to section 169 in the table of
sections at the beginning of chapter 6 is amended by inserting
a period after ``Command''.
(10) The item relating to section 183a in the table of
sections at the beginning of chapter 7 is amended to read as
follows:
``183a. Military Aviation and Installation Assurance Clearinghouse for
review of mission obstructions.''.
(11) Section 222a(d)(3)(A) is amended by inserting ``had''
before ``been''.
(12) Section 222b(a) is amended by striking ``United States
Code,''.
(13) Section 284 is amended--
(A) by striking ``section 376'' both places it
appears and inserting ``section 276'';
(B) in subsection (f), by inserting ``)'' after
``Stat. 1564)'';
(C) in subsection (g)(2), by striking ``section
375'' and inserting ``section 275''; and
(D) in subsection (h)(1)(A)(vi)(VI) by striking
``section 1004 of the National Defense Authorization
Act for Fiscal Year 1991 (10 U.S.C. 374 note) and''.
(14) Section 240b(b)(1)(B)(i) is amended by striking
``section 253a'' and inserting ``section 240c''.
(15) The table of sections at the beginning of subchapter V
of chapter 16 is amended by striking ``Sec.'' after the item
relating to section 350.
(16) Section 341(e)(2)(A) is amended by adding a period at
the end.
(17) Section 526(k) is amended by inserting ``the'' before
``number of general officers''.
(18) Section 649j is amended by striking ``(a) In General.-
The'' and inserting ``The''.
(19) Section 651(a) is amended by inserting ``shall serve''
after ``(50 U.S.C. 3806(d)(1))''.
(20) The heading of section 928b (article 128b of the
Uniform Code of Military Justice) is amended to read as
follows:
``Sec. 928b. Art. 128b. Domestic violence''.
(21) Section 1034(b)(1)(B)(ii) is amended by striking
``subsection (i)'' and inserting ``subsection (j)'';
(22) Section 1073c(a) is amended by redesignating the
second paragraph (4) as paragraph (6).
(23) Section 1074g(b) is amended by striking ``under
subsection (h)'' and inserting ``under subsection (i)''.
(24) Section 1075(d)(1) is amended in the table by striking
``25% of out of network'' and inserting ``25% out of network''.
(25) Section 1076d(d)(1) is amended by striking ``section
1075 of this section'' and inserting ``section 1075 of this
title''.
(26) Section 1076e(d)(1) is amended by striking ``section
1075 of this section'' and inserting ``section 1075 of this
title''.
(27) Section 1142(c)(3) is amended by striking ``paragraph
(2)(B)'' and inserting ``paragraph (2)(C)''.
(28) Section 1762(c) is amended by striking ``in at any one
time'' and inserting ``at any one time in''.
(29) Section 1788a is amended in subsection (d)(1) by
striking ``Not later than March 1, 2019, and each March 1
thereafter'' and inserting ``Not later than March 1 each
year''.
(30) Section 2208(u) is amended by inserting ``of this
title'' after ``2805'' each place it appears.
(31) Section 2216(b)(1) is amended by striking ``subsection
(c)(1)(B)(iii)'' and inserting ``subsection (c)(1)(B)(ii)''.
(32) Section 2222(i)(11) is amended by striking
``subsection (a)(6)(A)'' and inserting ``subsection
(e)(6)(A)''.
(33) Section 2228(a)(2) is amended by striking the second
period at the end.
(34) The item relating to section 2229b in the table of
sections at the beginning of chapter 131 is amended to read as
follows:
``2229b. Comptroller General assessment of acquisition programs and
initiatives.''.
(35) Section 2273(b)(1) is amended by inserting a semicolon
at the end.
(36) The heading for section 2279d is amended by striking
the period at the end.
(37) The heading of section 2284, as added by section
311(a) of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1708), is
amended to read as follows:
``Sec. 2284. Explosive ordnance disposal defense program''.
(38) Section 2304(f)(1)(B) is amended--
(A) in clause (ii), by striking ``paragraph
(6)(A)'' and inserting ``paragraph (5)(A)''; and
(B) in clause (iii), by striking ``paragraph
(6)(B)'' and inserting ``paragraph (5)(B)''.
(39) Section 2305a(d)(1) is amended by striking ``a
indefinite'' and inserting ``an indefinite''.
(40)(A) Section 2304e is amended by striking the last four
words of the section heading.
(B) Section 2323a is amended--
(i) in the section heading, by striking the last
six words; and
(ii) in subsection (e)--
(I) in paragraph (1), by striking ``102
Stat. 2468;'';
(II) in paragraph (2), by striking ``(25
U.S.C. 450b(d))'' and inserting ``(25 U.S.C.
5304(d))''; and
(III) in paragraph (3), by striking ``(25
U.S.C. 450b(e))'' and inserting ``(25 U.S.C.
5304(e))''.
(C) The table of sections at the beginning of chapter 137
is amended by striking the last four words of the item relating
to section 2304e and the last six words of the item relating to
section 2323a.
(41) Section 2307(a) is amended by striking ``may'' and
inserting ``may--''.
(42) Section 2313b(d) is amended by striking ``an task
order'' both places it appears and inserting ``a task order''.
(43) Section 2329(g)(1) is amended by striking ```bridge
contact''' and inserting ```bridge contract'''.
(44) Section 2339a(e)(5) is amended by striking ``section
3542(b)'' and inserting ``section 3552(b)(6)''.
(45) Section 2366a(c)(1)(F) is amended by striking
``section 2366a(b)(6) of this title'' and inserting
``subsection (b)(6)''.
(46) Section 2371b(d)(1)(C) is amended by striking ``other
than'' after ``sources''.
(47) Section 2380B is amended--
(A) by inserting ``section'' before ``2376(1) of
this title''; and
(B) by striking ``purposed of'' and inserting
``purposes of''.
(48) Section 2401(e)(2) is amended by striking ``subsection
(f)'' and inserting ``subsection (g)''.
(49) Section 2417(a)(2) is amended by striking ``of
eligible entities'' and all that follows through ``for
meetings'' and inserting the following: ``of eligible
entities--
``(A) for meetings''.
(50) The item relating to section 2439 in the table of
sections at the beginning of chapter 144 is amended to read as
follows:
``2439. Negotiation of price for technical data before development,
production, or sustainment of major weapon
systems.''.
(51) The item relating to subchapter II in the table of
subchapters for chapter 144B is amended to read as follows:
``II. Development, Prototyping, and Deployment of Weapon 2447a''.
System Components or Technology.
(52) Section 2447a(a) is amended by striking ``after fiscal
year 2017''.
(53) Section 2547(b)(2) is amended--
(A) by striking ``material'' and inserting
``materiel''; and
(B) by striking ``Material'' both places it appears
and inserting ``Materiel''.
(54) Section 2802(e)(1) is amended by striking ``shall
comply with'' and inserting ``shall--
``(A) comply with''.
(55) Section 2804(b) is amended--
(A) in the second sentence--
(i) by striking ``(1)'' and ``(2)''; and
(ii) by striking ``project and'' and
inserting ``project,''; and
(B) in the third sentence, by striking ``; and''.
(56) Section 2805(d)(1)(B) is amended by inserting
``under'' after ``made available''.
(57) Section 2835a(c) is amended by striking ``(1) The
Secretary'' and inserting ``The Secretary''.
(58) Section 2879(a)(2)(A) is amended by striking the comma
after ``2017''.
(59) Section 2913(c) is amended by striking ``government a
gas or electric utility'' and inserting ``government gas or
electric utility''.
(60) The item relating to section 2914 in the table of
sections at the beginning of chapter 173 is amended to read as
follows:
``2914. Energy resilience and conservation construction projects.''.
(61)(A) The heading of section 8749, as amended by section
1114(b)(2) and redesignated by section 807(d)(6) of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232), is amended by capitalizing the initial
letter of the fifth, sixth, and seventh words and the initial
letter of the last two words.
(B) The heading of section 8749a, as added by section
1114(a) and redesignated by section 8(d)(6) of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232), is amended by capitalizing the initial
letter of the fifth, sixth, and seventh words.
(62) Section 9069(a) is amended by striking ``are'' and
inserting ``is''.
(63) Section 10217(e)(4) is amended by striking ``shall an
individual'' and inserting ``shall be an individual''.
(64) The item relating to section 2568a in the table of
sections at the beginning of chapter 152 is amended to read as
follows:
``2568a. Damaged personal protective equipment: award to members
separating from the armed forces and
veterans.''.
(b) NDAA for Fiscal Year 2019.--Effective as of August 13, 2018,
and as if included therein as enacted, the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232) is
amended as follows:
(1) Section 331(g)(2) (132 Stat. 1724) is amended by
inserting ``of such title'' after ``chapter 2''.
(2) Section 844(b) (132 Stat. 1881) is amended by striking
``This section and the amendments made by this section'' and
inserting ``The amendment made by subsection (a)''.
(3) Section 1246(1)(B) (132 Stat. 2049) is amended by
adding at the end before the semicolon the following: ``and
transferring it to appear after paragraph (15)''.
(4) Section 2805(c) (132 Stat. 2262; 10 U.S.C. 2864 note)
is amended by striking ``United Facilities Criteria'' and
inserting ``Unified Facilities Criteria''.
(c) NDAA for Fiscal Year 2018.--Effective as of December 12, 2017,
and as if included therein as enacted, section 1609(b)(3) of the
National Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 131 Stat. 1728; 10 U.S.C. 2273 note) is amended by striking ``,
and,'' and inserting ``, and''.
(d) NDAA for Fiscal Year 2012.--Effective as of December 31, 2011,
and as if included therein as enacted, section 315 of the National
Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125
Stat. 1358; 10 U.S.C. 2911 note) is amended by redesignating
subsections (d), (e), and (f) as subsections (c), (d), and (e),
respectively.
(e) Coordination With Other Amendments Made by This Act.--For
purposes of applying amendments made by provisions of this Act other
than this section, the amendments made by this section shall be treated
as having been enacted immediately before any such amendments by other
provisions of this Act.
SEC. 1082. SUBMISSION TO CONGRESS OF DEPARTMENT OF DEFENSE EXECUTE
ORDERS.
(a) In General.--Chapter 2 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 119b. Execute orders: congressional oversight
``Not later than 30 days after the date on which the Secretary of
Defense or the commander of a combatant command issues an execute
order, the Secretary of Defense shall provide to the chairman and
ranking member of each of the congressional defense committees, and
their designated staff with the appropriate security clearance, a copy
of the execute order.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``119b. Execute orders: congressional oversight.''.
(c) Previously Issued Execute Orders.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of Defense shall
submit to the chairman and ranking member of each of the congressional
defense committees, and their designated staff with the appropriate
security clearance, copies of each execute order issued by the
Secretary or by a commander of a combatant command before the date of
the enactment of this Act.
SEC. 1083. EXTENSION OF NATIONAL SECURITY COMMISSION ON ARTIFICIAL
INTELLIGENCE.
Section 1051 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232) is amended--
(1) in subsection (c)(1), by striking ``180 days'' and
inserting ``360 days''; and
(2) in subsection (e), by striking ``October 1, 2020'' and
inserting ``March 1, 2021''.
SEC. 1084. NATIONAL COMMISSION ON MILITARY AVIATION SAFETY.
(a) Extension of Deadline for Report.--Subsection (h)(2) of section
1087 of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232) is amended by striking ``March 1,
2020'' an inserting ``December 1, 2020''.
(b) Secretary of Defense Report.--Such section is further amended
by adding at the end the following new subsection:
``(l) Report to Congress.--Not later than 120 days after the date
of the submittal of the report under subsection (h)(2), the Secretary
of Defense, in coordination with the Secretary of each of the military
departments, shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report that includes each of the
following:
``(1) An assessment of the findings and conclusions of the
Commission.
``(2) The plan of the Secretaries for implementing the
recommendations of the Commission.
``(3) Any other actions taken or planned by the Secretary
of Defense or the Secretary of any of the military departments
to improve military aviation safety.''.
(c) Authorization of Appropriations.--In addition to any other
amounts authorized to be appropriated for the National Commission on
Military Aviation Safety established under section 1087 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), of the amounts authorized to be appropriated for
Operation and Maintenance, Defense-wide for fiscal year 2020, as
specified in the funding table in section 4301, $3,000,000 shall be
available for the National Commission on Aviation Safety.
SEC. 1085. EXTENSION OF POSTAGE STAMP FOR BREAST CANCER RESEARCH.
Section 414(h) of title 39, United States Code, is amended by
striking ``2019'' and inserting ``2027''.
SEC. 1086. PROCESSES AND PROCEDURES FOR NOTIFICATIONS REGARDING SPECIAL
OPERATIONS FORCES.
(a) In General.--Not later than 180 days after enactment of this
Act, the Secretary of Defense shall establish and submit to the
congressional defense committees processes and procedures for providing
notifications to the committees regarding members of special operations
forces, as identified in section 167(j) of title 10, United States
Code.
(b) Processes and Procedures.--The processes and procedures
established under subsection (a) shall--
(1) clarify the roles and responsibilities of the
Secretaries of the military departments, the Assistant
Secretary of Defense for Special Operations and Low Intensity
Conflict, and the Commander of United States Special Operations
Command;
(2) provide guidance relating to the types of matters that
would warrant congressional notification, including awards,
reprimands, incidents, and any other matters the Secretary
determines necessary;
(3) be consistent with the national security of the United
States;
(4) be designed to protect sensitive information during an
ongoing investigation;
(5) account for the privacy of members of the Armed Forces;
and
(6) take in to account existing processes and procedures
for notifications to the congressional defense committees
regarding members of the conventional Armed Forces.
SEC. 1087. ASSESSMENT OF STANDARDS, PROCESSES, PROCEDURES, AND POLICY
RELATING TO CIVILIAN CASUALTIES.
(a) Assessment Required.--The Secretary of Defense shall enter into
an agreement with a federally funded research and development center
for the conduct of an independent assessment of the sufficiency of
Department of Defense standards, processes, procedures, and policy
relating to civilian casualties resulting from United States military
operations.
(b) Matters to Be Considered.--In conducting the assessment under
this section, the federally funded research and development center
shall consider the following matters:
(1) Department of Defense policy relating to civilian
casualties resulting from United States military operations.
(2) Standards, processes, and procedures for internal
assessments and investigations of civilian casualties resulting
from United States military operations.
(3) Standards, processes, and procedures for identifying,
assessing, investigating, and responding to reports of civilian
casualties resulting from United States military operations
from the public and non-governmental entities and sources,
including the consideration of relevant information from all
available sources.
(4) Combatant command organizational constructs for
assessing and investigating civilian casualties resulting from
United States military operations.
(5) Mechanisms for public and non-governmental entities to
report civilian casualties that have resulted from United
States military operations to the Department of Defense.
(6) Enterprise-wide mechanisms for accurately recording
kinetic strikes, including raids, strikes, and other missions,
and civilian casualties resulting from United States military
operations.
(7) An analysis of reasons for any disparity between third
party public estimates and official United States Government
estimates of civilian casualties resulting from United States
or joint operations, including with respect to each specific
mission, strike, engagement, raid, or incident.
(8) A comparison of a representative sample of pre-strike
collateral damage estimates and confirmed civilian casualty
incidents for the purposes of developing possible explanations
for any gaps between the two and assessing how to reduce such
gaps.
(9) Standards, processes, procedures, and policy for
reducing the likelihood of civilian casualties from United
States military operations.
(10) The institutionalization of lessons learned and best
practices for reducing the likelihood of civilian casualties
and relating to civilian casualties resulting from United
States military operations, including an analysis of the
principal and secondary causes of civilian casualties in a
suitably representative sample of air operations that includes
both planned and dynamic strikes.
(11) Any other matters the Secretary of Defense determines
appropriate.
(c) Assessment Results.--The results of the assessment under this
section shall--
(1) present considerations for improving standards,
processes, procedures, policy, and organizational constructs
relating to civilian casualties resulting from military
operations;
(2) provide for the presentation of Department of Defense
views on the assessment; and
(3) provide for the presentation of the views of non-
governmental organizations on the assessment.
(d) Report to Congress.--
(1) In general.--Not later than March 1, 2020, the
Secretary of Defense shall submit to the congressional defense
committees and the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives a report containing the results of the
assessment conducted under this section.
(2) Form of report.--The report under paragraph (1) shall
be submitted in unclassified form, but may contain a classified
annex.
(3) Public availability.--The Secretary shall make the
report under paragraph (1) publicly available.
SEC. 1088. DISPOSAL OF IPV4 ADDRESSES.
(a) Disposal Required.--
(1) In general.--Not later than 10 years after the date of
the enactment of this Act, the Secretary of Defense shall sell
all of the IPv4 addresses described in subsection (b) at fair
market value. The net proceeds collected from a sale under this
section shall be deposited in the General Fund of the Treasury.
(2) Deadlines for certain blocks.--Of the IPv4 addresses
described in subsection (b), the Secretary of Defense shall
sell in accordance with paragraph (1)--
(A) one block referred to in such subsection, or an
equivalent number of IPv4 addresses, by not later than
two years after the date of the enactment of this Act;
and
(B) one additional such block, or an equivalent
number of IPv4 addresses, by not later than three years
after the date of the enactment of this Act.
(b) IPv4 Addresses.--The IPv4 addresses described in this
subsection are all IPv4 addresses assigned to any agency or entity of
the Department of Defense, including all addresses contained in blocks
6.0.0.0/8, 7.0.0.0/8, 11.0.0.0/8, 21.0.0.0/8, 22.0.0.0/8, 26.0.0.0/8,
28.0.0.0/8, 29.0.0.0/8, 30.0.0.0/8, 33.0.0.0/8, 55.0.0.0/8, 214.0.0.0/
8, and 215.0.0.0/8.
(c) Report to Congress.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report that includes each of
the following:
(A) A description of the measures taken by the
Secretary regarding the disposal of the IPv4 addresses
described in subsection (b).
(B) An accounting of the total IPv4 address
holdings of the Department of Defense, as of the date
of the submittal of the report.
(C) A description of any legacy systems of the
Department that are dependent on the IPv4 addresses
described in subsection (b).
(D) The plan of the Secretary to transition all
Department addresses to IPv6.
(E) Such other information as the Secretary
determines appropriate.
(2) Form of report.--The report required by paragraph (1)
shall be submitted in unclassified form, but may contain a
classified annex.
(d) Limitation on Use of Funds.--Of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year
2020 for Operation and Maintenance, Defense-wide, Office of the
Secretary of Defense, for Travel of Persons (OP 32 Line 308), not more
than 70 percent may be obligated or expended until the date on which
the Secretary of Defense submits to the Committees on Armed Services of
the Senate and the House of Representatives the report required under
subsection (c).
SEC. 1089. SECURING AMERICAN SCIENCE AND TECHNOLOGY.
(a) Interagency Working Group.--
(1) In general.--The Director of the Office of Science and
Technology Policy, acting through the National Science and
Technology Council, in consultation with the National Security
Advisor, shall establish an interagency working group to
coordinate activities to protect federally funded research and
development from foreign interference, cyberattacks, theft, or
espionage and to develop common definitions and best practices
for Federal science agencies and grantees, while accounting for
the importance of the open exchange of ideas and international
talent required for scientific progress and American leadership
in science and technology.
(2) Membership.--
(A) In general.--The working group shall include a
representative of--
(i) the National Science Foundation;
(ii) the Department of Energy;
(iii) the National Aeronautics and Space
Administration;
(iv) the National Institute of Standards
and Technology;
(v) the Department of Commerce;
(vi) the National Institutes of Health;
(vii) the Department of Defense;
(viii) the Department of Agriculture;
(ix) the Department of Education;
(x) the Department of State;
(xi) the Department of the Treasury;
(xii) the Department of Justice;
(xiii) the Department of Homeland Security;
(xiv) the Central Intelligence Agency;
(xv) the Federal Bureau of Investigation;
(xvi) the Office of the Director of
National Intelligence;
(xvii) the Office of Management and Budget;
(xviii) the National Economic Council; and
(xix) such other Federal department or
agency as the President considers appropriate.
(B) Chair.--The working group shall be chaired by
the Director of the Office of Science and Technology
Policy (or the Director's designee).
(3) Responsibilities of the working group.--The working
group established under paragraph (1) shall--
(A) identify known and potential cyber, physical,
and human intelligence threats and vulnerabilities
within the United States scientific and technological
enterprise;
(B) coordinate efforts among agencies to share and
update important information, including specific
examples of foreign interference, cyberattacks, theft,
or espionage directed at federally funded research and
development or the integrity of the United States
scientific enterprise;
(C) identify and assess existing mechanisms for
protection of federally funded research and
development;
(D) develop an inventory of--
(i) terms and definitions used across
Federal science agencies to delineate areas
that may require additional protection; and
(ii) policies and procedures at Federal
science agencies regarding protection of
federally funded research; and
(E) develop and periodically update unclassified
policy guidance to assist Federal science agencies and
grantees in defending against threats to federally
funded research and development and the integrity of
the United States scientific enterprise that--
(i) includes--
(I) descriptions of known and
potential threats to federally funded
research and development and the
integrity of the United States
scientific enterprise;
(II) common definitions and
terminology for categorization of
research and technologies that are
protected;
(III) identified areas of research
or technology that might require
additional protection;
(IV) recommendations for how
control mechanisms can be utilized to
protect federally funded research and
development from foreign interference,
cyberattacks, theft or espionage,
including any recommendations for
updates to existing control mechanisms;
(V) recommendations for best
practices for Federal science agencies,
universities, and grantees to defend
against threats to federally funded
research and development, including
coordination and harmonization of any
relevant reporting requirements that
Federal science agencies implement for
grantees, and by providing such best
practices with grantees and
universities at the time of awarding
such grants or entering into research
contracts;
(VI) a remediation plan for
grantees and universities to mitigate
the risks regarding such threats before
research grants or contracts are
cancelled because of such threats;
(VII) assessments of potential
consequences that any proposed
practices would have on international
collaboration and United States
leadership in science and technology;
and
(VIII) a classified addendum as
necessary to further inform Federal
science agency decisionmaking; and
(ii) accounts for the range of needs across
different sectors of the United States science
and technology enterprise.
(4) Coordination with national academies roundtable.--The
Director of the Office of Science and Technology Policy shall
coordinate with the Academies to ensure that at least one
member of the interagency working group is also a member of the
roundtable under subsection (b).
(5) Interim report.--Not later than six months after the
date of enactment of this Act, the Director of the Office of
Science and Technology Policy shall provide a report to the
relevant committees that includes the inventory required under
paragraph (3)(D), and an update on progress toward developing
the policy guidance required under paragraph (3)(E), as well as
any additional activities undertaken by the working group in
that time.
(6) Biennial reporting.--Two years after the date of
enactment of this Act, and at least every two years thereafter,
the Director of the Office of Science and Technology Policy
shall provide a summary report to the relevant committees on
the activities of the working group and the most current
version of the policy guidance required under paragraph (3)(E).
(b) National Academies Science, Technology and Security
Roundtable.--
(1) In general.--The National Science Foundation, the
Department of Energy, and the Department of Defense, and any
other agencies as determined by the Director of the Office of
Science and Technology Policy, shall enter into a joint
agreement with the Academies to create a new ``National
Science, Technology, and Security Roundtable'' (hereinafter in
this subsection referred to as the ``roundtable'').
(2) Participants.--The roundtable shall include senior
representatives and practitioners from Federal science,
intelligence, and national security agencies, law enforcement,
as well as key stakeholders in the United States scientific
enterprise including institutions of higher education, Federal
research laboratories, industry, and non-profit research
organizations.
(3) Purpose.--The purpose of the roundtable is to
facilitate among participants--
(A) exploration of critical issues related to
protecting United States national and economic security
while ensuring the open exchange of ideas and
international talent required for scientific progress
and American leadership in science and technology;
(B) identification and consideration of security
threats and risks involving federally funded research
and development, including foreign interference,
cyberattacks, theft, or espionage;
(C) identification of effective approaches for
communicating the threats and risks identified in
subparagraph (b) to the academic and scientific
community, including through the sharing of
unclassified data and relevant case studies;
(D) sharing of best practices for addressing and
mitigating the threats and risks identified in
subparagraph (B); and
(E) examination of potential near- and long-term
responses by the government and the academic and
scientific community to mitigate and address the risks
associated with foreign threats.
(4) Report and briefing.--The joint agreement under
paragraph (1) shall specify that--
(A) the roundtable shall periodically organize
workshops and issue publicly available reports on the
topics described in paragraph (3) and the activities of
the roundtable; and
(B) not later than March 1, 2020, the Academies
shall provide a briefing to relevant committees on the
progress and activities of the roundtable.
(5) Authorization of appropriations.--There is authorized
to be appropriated $5,000,000 to the Secretary of Defense for
fiscal years 2020 to 2024 to carry out this subsection.
(c) Definitions.--In this section:
(1) The term ``Academies'' means the National Academies of
Science, Engineering and Medicine.
(2) The term ``Federal science agency'' means any Federal
agency with at least $100,000,000 in basic and applied research
obligations in fiscal year 2018.
(3) The term ``grantee'' means an entity that is--
(A) a recipient or subrecipient of a Federal grant
or cooperative agreement; and
(B) an institution of higher education or a non-
profit organization.
(4) The term ``relevant committees'' means--
(A) the Committee on Science, Space, and Technology
of the House of Representatives;
(B) the Committee on Commerce, Science, and
Transportation of the Senate;
(C) the Committee on Armed Services of the House of
Representatives; and
(D) the Committee on Armed Services of the Senate.
SEC. 1090. STANDARDIZED POLICY GUIDANCE FOR CALCULATING AIRCRAFT
OPERATION AND SUSTAINMENT COSTS.
Not later than 270 days after the date of the enactment of this
Act, the Under Secretary of Defense for Acquisition and Sustainment, in
coordination with the Director of Cost Analysis and Program Evaluation
and in consultation with the Secretary of each of the military
services, shall develop and implement standardized policy guidance for
calculating aircraft operation and sustainment costs for the Department
of Defense. Such guidance shall provide for a standardized calculation
of--
(1) aircraft cost per flying hour;
(2) aircraft cost per aircraft tail per year; and
(3) total cost of ownership per flying hour for aircraft
systems.
SEC. 1091. SPECIAL FEDERAL AVIATION REGULATION WORKING GROUP.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, the Secretary of
Transportation, and the Secretary of State, shall jointly establish a
Special Federal Aviation Regulation (in this section referred to as the
``SFAR'') interagency working group to review the current options for
the Department of Defense to use contracted United States civil
aviation to provide support for Department of Defense missions in areas
where a Federal Aviation Administration SFAR is in effect.
(b) Duties.--The working group shall--
(1) analyze all options currently available for the
Department of Defense to use contracted United States civil
aviation to provide support for Department of Defense missions
in areas where a Federal Aviation Administration SFAR is in
effect;
(2) review existing processes of the Department of Defense,
the Federal Aviation Administration, and the Department of
State, with respect to the Department of Defense's use of
contracted United States civil aviation in areas where a
Federal Aviation Administration SFAR is in effect;
(3) identify any issues, inefficiencies, or concerns with
the existing options and processes, including safety of flight,
legal considerations, mission delivery, and security
considerations; and
(4) develop recommendations, if any, to improve existing
processes or expand the options available for the Department of
Defense to use contracted United States civil aviation to
provide support to Department of Defense missions in areas
where a Federal Aviation Administration SFAR is in effect.
(c) Members.--
(1) Appointment.--The Secretary of Defense, the Secretary
of Transportation, and the Secretary of State shall each
appoint not more than 5 members to the working group with
expertise in civil aviation safety, state aircraft operations,
the provision of contracted aviation support to the Department
of Defense, and the coordination of such efforts between the
Department of Defense, the Department of State, and the Federal
Aviation Administration. The 5 members appointed by the
Secretary of Transportation shall include at least 3 members
from the Federal Aviation Administration.
(2) Qualifications.--All working group members shall be
full-time employees of the Federal Government with appropriate
security clearances to allow discussion of all classified
information and materials necessary to fulfill the working
group's duties pursuant to subsection (b).
(d) Report.--Not later than 1 year after the date it is
established, the working group shall submit a report on its findings
and any recommendations developed pursuant to subsection (b) to the
congressional defense committees, the Committee on Commerce, Science,
and Transportation of the Senate, and the Committee on Transportation
and Infrastructure of the House of Representatives.
(e) Termination.--The working group shall terminate 90 days after
the date the report is submitted under subsection (d).
(f) Definitions.--In this section the following definitions apply:
(1) The term ``United States civil aviation'' means--
(A) United States air carriers and United States
commercial operators;
(B) persons exercising the privileges of an airman
certificate issued by the FAA, except such persons
operating United States-registered aircraft for a
foreign air carrier; and
(C) operators of civil aircraft registered in the
United States, except where the operator of such
aircraft is a foreign air carrier.
(2) The term ``Federal Aviation Administration SFAR'' means
the Special Federal Aviation Regulation included under subpart
M of part 91 of title 14, Code of Federal Regulations.
SEC. 1092. PROHIBITION ON NAMES RELATED TO THE CONFEDERACY.
(a) Prohibition on Names Related to the Confederacy.--The Secretary
of Defense may not give a name to an asset that refers to, or includes
a term referring to, the Confederate States of America (commonly
referred to as the ``Confederacy''), including any name referring to--
(1) a person who served or held leadership within the
Confederacy; or
(2) a city or battlefield significant because of a
Confederate victory.
(b) Assets Defined.--In this section, the term ``assets'' includes
any base, installation, facility, aircraft, ship, equipment, or any
other property owned or controlled by the Department of Defense.
SEC. 1093. PROHIBITION ON DENIAL OF DEPARTMENT OF VETERANS AFFAIRS HOME
LOANS FOR VETERANS WHO LEGALLY WORK IN THE MARIJUANA
INDUSTRY.
(a) Prohibition.--In the case of a person with documented income
that is derived, in whole or in part, from working in the marijuana
industry in compliance with the law of the State in which the work
takes place, the Secretary of Veterans Affairs may not use the fact
that such documented income is derived, in whole or in part, from
working in the marijuana industry as a factor in determining whether to
guarantee, issue, or make a housing loan under chapter 37 of title 38,
United States Code.
(b) Treatment of Conduct.--Conduct of a person described in
subsection (a) relating to obtaining a housing loan described in such
subsection or conduct relating to guaranteeing, insuring, or making a
housing loan described in such subsection for a person described in
such subsection shall--
(1) not be construed to violate section 401 of the
Controlled Substances Act (21 U.S.C. 841) or any other
provision of law; and
(2) not constitute the basis for forfeiture of property
under section 511 of the Controlled Substances Act (21 U.S.C.
881) or section 981 of title 18, United States Code.
SEC. 1094. INCLUSION ON THE VIETNAM VETERANS MEMORIAL WALL OF THE NAMES
OF THE LOST CREW MEMBERS OF THE U.S.S. FRANK E. EVANS
KILLED ON JUNE 3, 1969.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Defense shall authorize the inclusion on
the Vietnam Veterans Memorial Wall in the District of Columbia of the
names of the 74 crew members of the U.S.S. Frank E. Evans killed on
June 3, 1969.
(b) Required Consultation.--The Secretary of Defense shall consult
with the Secretary of the Interior, the American Battlefield Monuments
Commission, and other applicable authorities with respect to any
adjustments to the nomenclature and placement of names pursuant to
subsection (a) to address any space limitations on the placement of
additional names on the Vietnam Veterans Memorial Wall.
(c) Nonapplicability of Commemorative Works Act.--Chapter 89 of
title 40, United States Code (commonly known as the ``Commemorative
Works Act''), shall not apply to any activities carried out under
subsection (a) or (b).
SEC. 1095. MILITARY TYPE CERTIFICATION FOR LIGHT ATTACK EXPERIMENTATION
AIRCRAFT.
The Secretary of the Air Force shall make available and conduct
military type certifications for light attack experimentation aircraft
as needed, pursuant to the Department of Defense Directive on Military
Type Certificates, 5030.61.
SEC. 1096. MITIGATION OF HELICOPTER NOISE.
(a) In General.--The Secretary of Defense shall develop a noise
inquiry website, to assist in directing mitigation efforts toward
concentrated areas of inquiry, that is based off of the websites of the
Ronald Reagan Washington National Airport and the Dulles International
Airport. Such website shall--
(1) provide a form to collect inquiry information;
(2) geo-tag the location of the inquiry to an exportable
map;
(3) export information to an Excel spreadsheet; and
(4) send an email response to the individual making the
inquiry.
(b) Definition of National Capital Region.--In this section, the
term ``National Capital Region'' has the meaning given the term in
section 2574 of title 10, United States Code.
SEC. 1097. REPORT ON EXECUTIVE HELICOPTER FLIGHTS IN THE NATIONAL
CAPITAL REGION.
(a) Findings.--Congress finds that in the ``Report on the Effects
of Military Helicopter Noise on National Capital Region Communities and
Individuals'' submitted by the Department of the Army to Congress on
February 15, 2018, the Department of the Army stated: ``The DoD
possesses helicopters which operate and train inside the NCR supporting
multiple missions to include continuity of operations, defense support
of civil authorities, executive transport, and other activities as
directed.''.
(b) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the number of helicopter trips used for executive
transport, including the number of such helicopters from each branch of
the Armed Services, in the National Capital Region during the period
beginning on the date of the enactment of this Act and ending on the
day that is 90 days after the date of the enactment of this Act.
(c) Public Availability of Report.--The Secretary shall make the
report required under subsection (b) publicly available.
(d) Executive Transport Defined.--In this section, the term
``executive transport'' has the meaning given such term in the ``Report
on the Effects of Military Helicopter Noise on National Capital Region
Communities and Individuals'' submitted by the Department of the Army
to Congress on February 15, 2018.
SEC. 1098. REPORTS ON REDUCING THE BACKLOG IN LEGALLY REQUIRED
HISTORICAL DECLASSIFICATION OBLIGATIONS.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense, the Secretary of
State, and the Director of the Central Intelligence Agency shall each
submit to the appropriate congressional committees a report detailing
progress made by the Secretary or the Director, as the case may be,
toward reducing the backlog in legally required historical
declassification obligations.
(b) Elements.--Each report under subsection (a) shall include the
following:
(1) A plan to achieve legally mandated historical
declassification requirements and reduce backlogs.
(2) A plan to incorporate new technologies, such as
artificial intelligence, that would increase productivity and
reduce cost in implementing the plan under paragraph (1).
(3) A detailed assessment of the documents released in each
of the proceeding three years before the date of the report,
broken out by program, such as the 25 and 50 year programs.
(4) A detailed assessment of the documents awaiting review
for release and an estimate of how many documents will be
released in each of the next three years.
(5) Potential policy, resource, and other options available
to the Secretary or the Director, as the case may be, to reduce
backlogs.
(6) The progress and objectives of the Secretary or the
Director, as the case may be, with respect to the release of
documents for publication in the Foreign Relations of the
United States series or to facilitate the public accessibility
of such documents at the National Archives or presidential
libraries, or both.
(c) Form and Availability.--Each report under subsection (a) shall
be submitted in unclassified form, which shall be made publicly
available, but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(3) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
SEC. 1099. SENSE OF CONGRESS REGARDING THE PORT CHICAGO 50.
It is the sense of Congress that--
(1) the American people should recognize the role of racial
bias in the prosecution and convictions of the Port Chicago 50
following the deadliest home front disaster in World War II;
(2) the military records of each of the Port Chicago 50
should reflect such exoneration of any and all charges brought
against them in the aftermath of the explosion; and
(3) the Secretary of the Navy should upgrade the general
and summary discharges of each of the Port Chicago 50 sailors
to honorable discharges.
SEC. 1099A. REVIEW OF FOREIGN CURRENCY EXCHANGE RATES AND ANALYSIS OF
FOREIGN CURRENCY FLUCTUATIONS APPROPRIATION.
With respect to a contract for goods and services paid for with
foreign currency, the Under Secretary of Defense (Comptroller), in
coordination with each Secretary of a military department, shall
conduct a review of the exchange rate for such foreign currency used
when making a disbursement pursuant to such a contract to determine
whether cost-savings opportunities exist by more consistently selecting
cost-effective rates. Such review shall include an analysis of realized
and projected losses to determine the necessary balance of the
appropriation ``Foreign Currency Fluctuations, Defense''. The Secretary
of Defense may use the results of such analysis to determine the amount
of any transfers to the appropriation ``Foreign Currency Fluctuations,
Defense''.
SEC. 1099B. CONTRACTS BY THE PRESIDENT OR VICE PRESIDENT.
(a) Amendment.--Section 431 of title 18, United States Code, is
amended--
(1) in the section heading, by inserting ``the President,
Vice President, Cabinet Member, or a'' after ``Contracts by'';
and
(2) in the first undesignated paragraph, by inserting ``the
President, Vice President, or any Cabinet member'' after
``Whoever, being''.
(b) Table of Sections Amendment.--The table of sections for chapter
23 of title 18, United States Code, is amended by striking the item
relating to section 431 and inserting the following:
``431. Contracts by the President, Vice President, or a Member of
Congress.''.
SEC. 1099C. PAROLE IN PLACE FOR MEMBERS OF THE ARMED FORCES.
(a) In General.--Any alien who is a member of the Armed Forces and
each spouse, widow, widower, parent, son, or daughter of that alien
shall be eligible for parole in place under section 212(d)(5) of the
Immigration and Nationality Act.
(b) Sense of Congress.--It is the sense of Congress that--
(1) parole in place reinforces family unity;
(2) disruption to servicemembers must be minimized, in
order to faithfully execute their objectives;
(3) separation of military families must be prevented;
(4) military readiness must be the supreme objective;
(5) servicemembers are given peace of mind, relived of the
stressful burden worrying about their loved ones; and
(6) Congress reaffirms parole in place authority for the
Secretary of Homeland Security.
SEC. 1099D. LANDS TO BE TAKEN INTO TRUST AS PART OF THE RESERVATION OF
THE LYTTON RANCHERIA.
(a) Findings.--Congress finds the following:
(1) The Lytton Rancheria of California is a federally
recognized Indian tribe that lost its homeland after its
relationship to the United States was unjustly and unlawfully
terminated in 1958. The Tribe was restored to Federal
recognition in 1991, but the conditions of its restoration have
prevented it from regaining a homeland on its original lands.
(2) Congress needs to take action to reverse historic
injustices that befell the Tribe and that have prevented it
from regaining a viable homeland for its people.
(3) Prior to European contact there were as many as 350,000
Indians living in what is now the State of California. By the
turn of the 19th century, that number had been reduced to
approximately 15,000 individuals, many of them homeless and
living in scattered bands and communities.
(4) The Lytton Rancheria's original homeland was purchased
by the United States in 1926 pursuant to congressional
authority designed to remedy the unique tragedy that befell the
Indians of California and provide them with reservations called
Rancherias to be held in trust by the United States.
(5) After the Lytton Rancheria lands were purchased by the
United States, the Tribe settled on the land and sustained
itself for several decades by farming and ranching.
(6) By the mid-1950s, Federal Indian policy had shifted
back towards a policy of terminating the Federal relationship
with Indian tribes. In 1958, Congress enacted the Rancheria Act
of 1958 (72 Stat. 619), which slated 41 Rancherias in
California, including the Lytton Rancheria, for termination
after certain conditions were met.
(7) On August 1, 1961, the Federal Government terminated
its relationship with the Lytton Rancheria. This termination
was illegal because the conditions for termination under the
Rancheria Act had never been met. After termination was
implemented, the Tribe lost its lands and was left without any
means of supporting itself.
(8) In 1987, the Tribe joined three other tribes in a
lawsuit against the United States challenging the illegal
termination of their Rancherias. A Stipulated Judgment in the
case, Scotts Valley Band of Pomo Indians of the Sugar Bowl
Rancheria v. United States, No. C-86-3660 (N.D.Cal. March 22,
1991), restored the Lytton Rancheria to its status as a
federally recognized Indian tribe.
(9) The Stipulated Judgment provides that the Lytton
Rancheria would have the ``individual and collective status and
rights'' which it had prior to its termination and expressly
contemplated the acquisition of trust lands for the Lytton
Rancheria.
(10) The Stipulated Judgment contains provisions, included
at the request of the local county governments and neighboring
landowners, that prohibit the Lytton Rancheria from exercising
its full Federal rights on its original homeland in the
Alexander Valley.
(11) In 2000, approximately 9.5 acres of land in San Pablo,
California, was placed in trust status for the Lytton Rancheria
for economic development purposes.
(12) The Tribe has since acquired, from willing sellers at
fair market value, property in Sonoma County near the Tribe's
historic Rancheria. This property, which the Tribe holds in fee
status, is suitable for a new homeland for the Tribe.
(13) On a portion of the land to be taken into trust, which
portion totals approximately 124.12 acres, the Tribe plans to
build housing for its members and governmental and community
facilities.
(14) A portion of the land to be taken into trust is being
used for viniculture, and the Tribe intends to develop more of
the lands to be taken into trust for viniculture. The Tribe's
investment in the ongoing viniculture operation has
reinvigorated the vineyards, which are producing high-quality
wines. The Tribe is operating its vineyards on a sustainable
basis and is working toward certification of sustainability.
(15) No gaming shall be conducted on the lands to be taken
into trust by this section.
(16) No gaming shall be conducted on any lands taken into
trust on behalf of the Tribe in Sonoma County after the date of
the enactment of this Act.
(17) By directing that these lands be taken into trust, the
United States will ensure that the Lytton Rancheria will
finally have a permanently protected homeland on which the
Tribe can once again live communally and plan for future
generations. This action is necessary to fully restore the
Tribe to the status it had before it was wrongfully terminated
in 1961.
(18) The Tribe and County of Sonoma have entered into a
Memorandum of Agreement as amended in 2018 in which the County
agrees to the lands in the County being taken into trust for
the benefit of the Tribe in consideration for commitments made
by the Tribe.
(b) Definitions.--For the purpose of this section, the following
definitions apply:
(1) County.--The term ``County'' means Sonoma County,
California.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribe.--The term ``Tribe'' means the Lytton Rancheria
of California.
(c) Lands to Be Taken Into Trust.--
(1) In general.--The land owned by the Tribe and generally
depicted on the map titled ``Lytton Fee Owned Property to be
Taken into Trust'' and dated May 1, 2015, is hereby taken into
trust for the benefit of the Tribe, subject to valid existing
rights, contracts, and management agreements related to
easements and rights-of-way.
(2) Lands to be made part of the reservation.--Lands taken
into trust under paragraph (1) shall be part of the Tribe's
reservation and shall be administered in accordance with the
laws and regulations generally applicable to property held in
trust by the United States for an Indian tribe.
(d) Gaming.--
(1) Lands taken into trust under this section.--Lands taken
into trust for the benefit of the Tribe under subsection (c)
shall not be eligible for gaming under the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.).
(2) Other lands taken into trust.--Lands taken into trust
for the benefit of the Tribe in Sonoma County after the date of
the enactment of this Act shall not be eligible for gaming
under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et
seq.).
(e) Applicability of Certain Law.--Notwithstanding any other
provision of law, the Memorandum of Agreement entered into by the Tribe
and the County concerning taking land in the County into trust for the
benefit of the Tribe, which was approved by the County Board of
Supervisors on March 10, 2015, and any addenda and supplement or
amendment thereto, is not subject to review or approval of the
Secretary in order to be effective, including review or approval under
section 2103 of the Revised Statutes (25 U.S.C. 81).
SEC. 1099E. INTEROPERABILITY OF COMMUNICATIONS BETWEEN MILITARY
INSTALLATIONS AND ADJACENT JURISDICTIONS.
Not later than 12 months after the date of the enactment of this
Act, the Department of Defense Fire and Emergency Services Working
Group shall submit to the congressional defense committees a report
that includes--
(1) an identification of all military installations that
provide emergency services to areas outside of their
installations, make them aware of the Amtrak Passenger Train
501 Derailment in DuPont, Washington, and determine the
effectiveness of the communications system between that
military installation and the adjacent jurisdictions; and
(2) an implementation plan to address any deficiencies with
interoperability caused by the incompatibility between the
Department of Defense communications system and that of
adjacent civilian agencies.
SEC. 1099F. SUPPORT FOR NATIONAL MARITIME HERITAGE GRANTS PROGRAM.
Of the funds authorized to be appropriated by this Act for fiscal
year 2020 for the Department of Defense, the Secretary of Defense may
contribute up to $5,000,000 to support the National Maritime Heritage
Grants Program established under section 308703 of title 54, United
States Code.
SEC. 1099G. CHINESE LANGUAGE AND CULTURE STUDIES WITHIN THE DEFENSE
LANGUAGE AND NATIONAL SECURITY EDUCATION OFFICE.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for operation and maintenance, as specified in the
corresponding funding table in section 4301, for operation and
maintenance, Defense-Wide, Defense Human Resources Activity, line 220
is hereby increased by $13,404,000 (with the amount of such increase to
be made available for Chinese language and culture studies within the
Defense Language and National Security Education Office).
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 101 for procurement, as specified in the corresponding funding
table in section 4101, for other procurement, Army, Installation Info
Infrastructure MOD Program, line 63 is hereby reduced by $13,404,000.
SEC. 1099H. MODIFICATION OF PROHIBITION ON AVAILABILITY OF FUNDS FOR
CHINESE LANGUAGE PROGRAMS AT CERTAIN INSTITUTIONS OF
HIGHER EDUCATION.
Section 1091(b) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
1997) is amended--
(1) by striking ``None of the funds'' and inserting the
following:
``(1) In general.--None of the funds''; and
(2) by adding at the end the following new paragraph:
``(2) Transition plan .--The Secretary of Defense shall
develop a transition plan for each institution of higher
education subject to the limitation under paragraph (1). Under
the transition plan, the institution may regain eligibility to
receive funds from the Department of Defense for Chinese
language training by developing an independent Chinese language
program with no connection to a Confucius Institute.''.
SEC. 1099I. LESSONS LEARNED AND BEST PRACTICES ON PROGRESS OF GENDER
INTEGRATION IMPLEMENTATION IN THE ARMED FORCES.
The Secretary of Defense shall direct each component of the Armed
Forces to share lessons learned and best practices on the progress of
their gender integration implementation plans and to communicate
strategically that progress with other components of the Armed Forces
as well as the general public, as recommended by the Defense Advisory
Committee on Women in the Services.
SEC. 1099J. STRATEGIES FOR RECRUITMENT AND RETENTION OF WOMEN IN THE
ARMED FORCES.
The Secretary of each of the military departments shall--
(1) examine successful strategies in use by foreign
military services to recruit and retain women; and
(2) consider potential best practices for implementation in
the United States Armed Forces, as recommended by the Defense
Advisory Committee on Women in the Services.
SEC. 1099K. DEFINITION OF CURRENT MONTHLY INCOME FOR PURPOSES OF
BANKRUPTCY LAWS.
Section 101(10A) of title 11, United States Code, is amended by
striking subparagraph (B) and inserting the following:
``(B)(i) includes any amount paid by any entity
other than the debtor (or in a joint case the debtor
and the debtor's spouse), on a regular basis for the
household expenses of the debtor or the debtor's
dependents (and in a joint case the debtor's spouse if
not otherwise a dependent); and
``(ii) excludes--
``(I) benefits received under the
Social Security Act (42 U.S.C. 301 et
seq.);
``(II) payments to victims of war
crimes or crimes against humanity on
account of their status as victims of
such crimes;
``(III) payments to victims of
international terrorism or domestic
terrorism, as those terms are defined
in section 2331 of title 18, on account
of their status as victims of such
terrorism; and
``(IV) any monthly compensation,
pension, pay, annuity, or allowance
paid under title 10, 37, or 38 in
connection with a disability, combat-
related injury or disability, or death
of a member of the uniformed services,
except that any retired pay excluded
under this subclause shall include
retired pay paid under chapter 61 of
title 10 only to the extent that such
retired pay exceeds the amount of
retired pay to which the debtor would
otherwise be entitled if retired under
any provision of title 10 other than
chapter 61 of that title.''.
SEC. 1099L. HONORING LAST SURVIVING MEDAL OF HONOR RECIPIENT OF SECOND
WORLD WAR.
(a) Use of Rotunda.--At the election of the individual (or next of
kin of the individual), the last individual to die who was awarded the
Medal of Honor for acts performed during World War II shall be
permitted to lie in honor in the rotunda of the Capitol upon death.
(b) Implementation.--The Architect of the Capitol, under the
direction and supervision of the President pro tempore of the Senate
and the Speaker of the House of Representatives, shall take the
necessary steps to implement subsection (a) upon the death of the
individual described in such subsection.
SEC. 1099M. CREDIT MONITORING.
Section 605A(k) of the Fair Credit Reporting Act (15 U.S.C. 1681c-
1(k)) is amended by striking paragraph (4).
SEC. 1099N. WORLD LANGUAGE ADVANCEMENT AND READINESS GRANTS.
(a) Findings.--Congress finds the following:
(1) The national security of the United States continues to
depend on language readiness, in particular among the seventeen
agencies of the Intelligence Community.
(2) The levels of language proficiency required for
national security necessitate long sequences of language
training for personnel in the Intelligence Community and the
Department of Defense.
(3) The future national security and economic well-being of
the United States will depend substantially on the ability of
its citizens to communicate and compete by knowing the
languages and cultures of other countries.
(4) The Federal Government has an interest in ensuring that
the employees of its departments and agencies with national
security responsibilities are prepared to meet the challenges
of this changing international environment.
(5) The Federal Government also has an interest in taking
actions to alleviate the problem of American students being
inadequately prepared to meet the challenges posed by
increasing global interaction among nations.
(6) American elementary schools, secondary schools,
colleges, and universities must place a new emphasis on
improving the teaching of foreign languages, area studies,
counterproliferation studies, and other international fields to
help meet those challenges.
(b) Grants Authorized.--
(1) Program authority.--The Secretary of Defense, in
consultation with the Director of National Intelligence and the
Secretary of Education, may carry out a program under which the
Secretary of Defense makes grants, on a competitive basis, to
eligible entities to carry out innovative model programs
providing for the establishment, improvement, or expansion of
world language study for elementary school and secondary school
students.
(2) Duration.--Each grant under this section shall be
awarded for a period of 3 years.
(3) Geographic distribution.--The Secretary of Defense
shall ensure the equitable geographic distribution of grants
under this section.
(4) Matching requirement for local educational agencies.--
(A) In general.--Except as provided in subparagraph
(B), each local educational agency that receives a
grant under this section shall provide, from non-
Federal sources, an amount equal to the amount of the
grant (which may be provided in cash or in kind) to
carry out the activities supported by the grant.
(B) Exception.--The Secretary of Defense may reduce
the matching requirement under subparagraph (A) for any
local educational agency that the Secretary determines
does not have adequate resources to meet such
requirement.
(5) Special requirements for local educational agencies.--
In awarding a grant under paragraph (1) to an eligible entity
that is a local educational agency, the Secretary of Defense
shall support programs that--
(A) show the promise of being continued beyond the
grant period;
(B) demonstrate approaches that can be disseminated
to and duplicated in other local educational agencies;
and
(C) may include a professional development
component.
(6) Allocation of funds.--
(A) Not less than 75 percent of the funds made
available to carry out this section for a fiscal year
shall be used for the expansion of world language
learning in elementary schools.
(B) Not less than 75 percent of the funds made
available to carry out this section for a fiscal year
shall be used to support instruction in world languages
determined by the Secretary of Defense to be critical
to the national security interests of the United
States.
(C) The Secretary of Defense may reserve not more
than 5 percent of funds made available to carry out
this section for a fiscal year to evaluate the efficacy
of programs that receive grants under paragraph (1).
(7) Applications.--
(A) In general.--To be considered for a grant under
paragraph (1), an eligible entity shall submit an
application to the Secretary of Defense at such time,
in such manner, and containing such information and
assurances as the Secretary may require.
(B) Special consideration.--The Secretary of
Defense shall give special consideration to
applications describing programs that--
(i) include intensive summer world language
programs for professional development of world
language teachers;
(ii) link nonnative English speakers in the
community with the schools in order to promote
two-way language learning;
(iii) promote the sequential study of a
world language for students, beginning in
elementary schools;
(iv) make effective use of technology, such
as computer-assisted instruction, language
laboratories, or distance learning, to promote
world language study;
(v) promote innovative activities, such as
dual language immersion, partial world language
immersion, or content-based instruction; and
(vi) are carried out through a consortium
comprised of the eligible entity receiving the
grant, an elementary school or secondary
school, and an institution of higher education
(as that term is defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001)).
(c) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means
the following:
(A) A local educational agency that hosts a unit of
the Junior Reserve Officers' Training Corps.
(B) A school operated by the Department of Defense
Education Activity.
(2) ESEA terms.--The terms ``elementary school'', ``local
educational agency'' and ``secondary school'' have the meanings
given the terms in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(3) World language.--The term ``world language'' means--
(A) any natural language other than English,
including--
(i) languages determined by the Secretary
of Defense to be critical to the national
security interests of the United States;
(ii) classical languages;
(iii) American sign language; and
(iv) Native American languages; and
(B) any language described in subparagraph (A) that
is taught in combination with English as part of a dual
language or immersion learning program.
SEC. 1099O. INCLUSION OF CERTAIN NAMES ON THE VIETNAM VETERANS
MEMORIAL.
The Secretary of Defense shall provide for the inclusion on the
Vietnam Veterans Memorial in the District of Columbia the names of the
seventy-four crew members of the USS Frank E. Evans killed on June 3,
1969.
SEC. 1099P. SENSE OF CONGRESS REGARDING ARMY CONTRACTING COMMAND-NEW
JERSEY.
It is the Sense of Congress that--
(1) Army Contracting Command-New Jersey (referred to in
this section as ``ACC-NJ'') plays a vital role in planning,
directing, controlling, managing, and executing the full
spectrum of contracting, acquisition support, and business
advisory services that support major weapons, armaments,
ammunition systems, information technology. and enterprise
systems for the Army and other Department of Defense customers;
(2) ACC-NJ has unique expertise executing grants,
cooperative agreements, and other transaction agreements
central to the work at Picatinny Arsenal; and
(3) the workforce of ACC-NJ has the unmatched experience
and expertise to support innovative and rapid contracting
necessary to accelerate acquisition and enhance readiness for a
modernizing the United States Armed Forces.
SEC. 1099Q. REVIEW AND REPORT ON EXPERIMENTATION WITH TICKS AND
INSECTS.
(a) Review.--The Inspector General of the Department of Defense
shall conduct a review of whether the Department of Defense
experimented with ticks and other insects regarding use as a biological
weapon between the years of 1950 and 1975.
(b) Report.--If the Inspector General finds that any experiment
described under subsection (a) occurred, the Inspector General shall
submit to the Committees on Armed Services of the House of
Representatives and the Senate a report on--
(1) the scope of such experiment; and
(2) whether any ticks or insects used in such experiment
were released outside of any laboratory by accident or
experiment design.
SEC. 1099R. PILOT PROGRAM TO PROVIDE BROADBAND ACCESS TO MILITARY
FAMILIES AND MEDICAL FACILITIES ON REMOTE AND ISOLATED
BASES.
(a) Pilot Program.--
(1) Purpose.--In order to extend residential broadband
internet access to the thousands of military families on
military installations within the United States located in
unserved rural areas, the Secretary of Defense, in coordination
with the Federal Communication Commission, shall carry out a
pilot program under which the Secretary enters into an
agreement with a broadband internet provider or providers to--
(A) provide broadband internet access to military
families on installations within the United States
located in unserved rural areas;
(B) ensure broadband internet is accessible in
military hospitals and clinics to facilitate the
expeditious use of telehealth services and electronic
military records integration; and
(C) enhance broadband internet access that can
support of military spouse employment, transition
assistance for members of the Armed Forces, and
workforce development.
(2) Locations.--The Secretary shall carry out the pilot
program at no fewer than three military installations located
in unserved rural areas.
(3) Service provider requirements.--The Secretary shall
ensure that broadband internet service providers considered for
participation in the pilot program--
(A) use low-cost broadband technologies, such as
fixed wireless technologies, which are suitable for
lower population density unserved and underserved rural
areas; and
(B) possess the capability to expeditiously install
and connect broadband internet capabilities on remote
and isolated bases.
(4) Fifth generation information and communications
technologies.--The pilot program under this section shall be
carried out in accordance with the strategy and implementation
plan required under section 233 of this Act.
(b) Report Required.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Armed Services and the Committee on Energy and
Commerce of the House of Representatives a report on the
implementation of the pilot program under subsection (a).
(2) Elements.--The report required under paragraph (1)
shall include--
(A) a list of the remote and isolated bases
selected by the Secretary for purposes of the pilot
program;
(B) an analysis of the success of the pilot program
on improving access to broadband for families living on
base, telehealth medicine services, and the processing
of electronic health records;
(C) recommendations by the Secretary for improving,
expanding, or modifying the program;
(D) recommendations from the Secretary, the
Secretary of Commerce, and the Chairman of the Federal
Communication Commission on aligning the pilot program
with Federal rural broadband strategy and deployment
efforts; and
(E) any other matters the Secretary determines to
be appropriate.
(c) Definitions.--In this section:
(1) The term ``broadband'' means internet access providing
throughput speeds of at least 25 Mbps downstream and at least 3
Mbps upstream and having no data consumption caps.
(2) The term ``unserved rural areas'' means those rural
census blocks reported by broadband providers as lacking access
to broadband on the Federal Communications Commission's Form
477.
SEC. 1099S. SENSE OF CONGRESS REGARDING MILITARY WORKING DOGS AND
SOLDIER HANDLERS.
(a) Congressional Findings.--The Congress finds that--
(1) the 341st Training Squadron, 37th Training Wing at
Lackland Air Force Base provides highly trained military
working dogs to the Department of Defense and other government
agencies;
(2) in 2010, the operational needs of the Army for military
working dogs increased without an increase in resources to
train a sufficient number of dogs for the detection of
improvised explosive devices at the 341st Training Squadron;
(3) the Army initiated the tactical explosive detection dog
program in August 2010 as a nontraditional military working dog
program to train and field improvised explosive device
detection dogs for use in Afghanistan as part of Operation
Enduring Freedom;
(4) the tactical explosive detection dog program was
created to reduce casualties from improvised explosive devices
in response to an increase in the use of asymmetric weapons by
the enemy;
(5) the tactical explosive detection dogs were a unique
subset of military working dogs because the Army selected and
trained soldiers from deploying units to serve as temporary
handlers for only the duration of deployment to Operation
Enduring Freedom;
(6) the tactical explosive detection dogs and their soldier
handlers, like other military working dog and handler teams,
formed strong bonds while training for combat and performing
extremely dangerous improvised explosive device detection
missions in service to the United States;
(7) the tactical explosive detection dog program was a
nontraditional military working dog program that terminated in
February 2014;
(8) at the termination of the tactical explosive detection
dog program in February 2014, neither United States law nor
Department of Defense policy established an adoption order
priority, and Department of Defense policy only provided that
military working dogs be adopted by former handlers, law
enforcement agencies, and other persons capable of humanely
caring for the animals;
(9) an August 2016 report to Congress by the Air Force
entitled ``Tactical Explosive Detector Dog (TEDD) Adoption
Report'' concluded that the Army had a limited transition
window for the disposition of tactical explosive detection dogs
and the lack of a formal comprehensive plan contributed to the
disorganized disposition process for the tactical explosive
detection dogs;
(10) the August 2016 report stated that, in 2014, the Army
disposed of 229 tactical explosive detection dogs;
(11) 40 tactical explosive detection dogs were adopted by
handlers, 47 dogs were adopted by private individuals, 70 dogs
were transferred to Army units, 17 dogs were transferred to
other government agencies, 46 dogs were transferred to law
enforcement agencies, and 9 dogs were deceased;
(12) the disposition of tactical explosive detection dogs
was poorly executed, proper procedures outlined in Department
of Defense policy were ignored, and, as a result, the former
soldier handlers were not provided the opportunity to adopt
their tactical explosive detection dogs;
(13) the Army should have deliberately planned for the
disposition of the tactical explosive detection dogs and
provided appropriate time to review and consider adoption
applications to mitigate handler and civilian adoption issues;
(14) section 342(b) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 793)
amended section 2583(c) of title 10, United States Code, to
modify the list of persons authorized to adopt a military
animal and prioritize the list with preference, respectively,
to former handlers, other persons capable of humanely caring
for the animal, and law enforcement agencies;
(15) since 2000, Congress has passed legislation that
protects military working dogs, promotes their welfare, and
recognizes the needs of their veteran handlers;
(16) Congress continues to provide oversight of military
working dogs to prevent a reoccurrence of the disposition
issues that affected tactical explosive detection dogs;
(17) former soldier handlers should be reunited with their
tactical explosive detection dogs;
(18) congressional recognition of the military service of
tactical explosive detection dogs and their former soldier
handlers is a small measure of gratitude this legislative body
can convey;
(19) over 4 years have passed since the termination of the
tactical explosive detection dog program;
(20) Congressman Walter B. Jones has been a long-time
advocate for military working dogs and their handlers;
(21) Congressman Walter B. Jones has worked to ensure that
handlers are given priority when their military working dogs
reach retirement;
(22) Congressman Walter B. Jones was a strong proponent of
the Wounded Warrior Service Dog program, which is a valuable
program that helps wounded members of the Armed Forces manage
and recover from post-traumatic stress;
(23) the advocacy of Congressman Walter B. Jones for
military working dogs is well known throughout the nonprofit
community that supports military working dogs;
(24) Congressman Walter B. Jones worked with the Department
of Defense and the Senate to update the language in the Air
Force Manual on Military Working Dogs to clarify that military
working dogs are not equipment and to indicates the true level
of appreciation and respect the Department of Defense has for
these valuable members of the military team;
(25) Congressman Walter B. Jones was the chief legislative
sponsor of the Military Working Dog Teams Monument, which was
built with no taxpayer dollars but through corporate and
private donations; and
(26) with the support of Congressman Walter B. Jones, the
National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181) authorized the Burnam Foundation to design, fund,
build, and maintain the Military Working Dog Teams National
Monument.
(b) Sense of Congress.--It is the sense of Congress to--
(1) recognize the efforts of Congressman Walter B. Jones to
promote military working dogs as unsung heroes on the
battlefield and in helping wounded warriors recover from
physical and mental injuries;
(2) recognize the service of military working dogs and
soldier handlers from the tactical explosive detection dog
program;
(3) acknowledge that not all tactical explosive detection
dogs were adopted by their former soldier handlers;
(4) encourage the Army and other government agencies,
including law enforcement agencies, with former tactical
explosive detection dogs to prioritize adoption to former
tactical explosive detection dog handlers; and
(5) honor the sacrifices made by tactical explosive
detection dogs and their soldier handlers in combat.
SEC. 1099T. DESIGNATION OF DEPARTMENT OF DEFENSE STRATEGIC ARCTIC
PORTS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Arctic is a region of strategic importance to the
national security interests of the United States and the
Department of Defense must better align its presence, force
posture, and capabilities to meet the growing array of
challenges in the region; and
(2) although much progress has been made to increase
awareness of Arctic issues and to promote increased presence in
the region, additional measures, including the designation of
one or more strategic Arctic ports, are needed to show the
commitment of the United States to this emerging strategic
choke point of future great power competition.
(b) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Chairman of the Joint Chiefs of Staff,
the Commanding General of the United States Army Corps of
Engineers, the Commandant of the Coast Guard, and the
Administrator of the Maritime Administration, shall submit to
the congressional defense committees a report evaluating
potential sites for one or more strategic ports in the Arctic.
(2) Elements.--Consistent with the updated military
strategy for the protection of United States national security
interests in the Arctic region set forth in the report required
under section 1071 of the National Defense Authorization Act
for Fiscal Year 2019 (Public Law 114-92; 129 Stat. 992), the
report required under paragraph (1) shall include--
(A) an evaluation of the amount of sufficient and
suitable space needed to create capacity for port and
other necessary infrastructure for at least one of each
of type of Navy or Coast Guard vessel, including an
Arleigh Burke class destroyer of the Navy, a national
security cutter, and a heavy polar ice breaker of the
Coast Guard;
(B) an evaluation of the amount of sufficient and
suitable space needed to create capacity for equipment
and fuel storage, technological infrastructure, and
civil infrastructure to support military and civilian
operations, including--
(i) aerospace warning;
(ii) maritime surface and subsurface
warning;
(iii) maritime control and defense;
(iv) maritime domain awareness;
(v) homeland defense;
(vi) defense support to civil authorities;
(vii) humanitarian relief;
(viii) search and rescue;
(ix) disaster relief;
(x) oil spill response;
(xi) medical stabilization and evacuation;
and
(xii) meteorological measurements and
forecasting;
(C) an identification of proximity and road access
required to an airport designated as a commercial
service airport by the Federal Aviation Administration
that is capable of supporting military and civilian
aircraft for operations designated in subparagraph (B);
(D) a description of the requirements, to include
infrastructure and installations, communications, and
logistics necessary to improve response effectiveness
to support military and civilian operations described
in subparagraph (B);
(E) an identification of the sites that the
Secretary recommends as potential sites for designation
as Department of Defense Strategic Arctic Ports;
(F) the estimated cost of sufficient construction
necessary to initiate and sustain expected operations
at such sites; and
(G) such other information as the Secretary deems
relevant.
(c) Designation of Strategic Arctic Ports.--Not later than 90 days
after the date on which the report required under subsection (b) is
submitted, the Secretary of Defense, in consultation with the Chairman
of the Joint Chiefs of Staff, the Commanding General of the United
States Army Corps of Engineers, the Commandant of the Coast Guard, and
the Administrator of the Maritime Administration, may designate one or
more ports as Department of Defense Strategic Arctic Ports from the
sites identified under subsection (b)(2)(E).
(d) Rule of Construction.--Nothing in this section may be construed
to authorize any additional appropriations for the Department of
Defense for the establishment of any port designated pursuant to this
section.
(e) Arctic Defined.--In this section, the term ``Arctic'' has the
meaning given that term in section 112 of the Arctic Research and
Policy Act of 1984 (15 U.S.C. 4111).
SEC. 1099U. FUNDING LIMITATION FOR THE ERIE CANALWAY NATIONAL HERITAGE
CORRIDOR.
Section 810(a)(1) of the Erie Canalway National Heritage Corridor
Act (Public Law 106-554; 114 Stat. 2763A-303) is amended, in the second
sentence, by striking ``$12,000,000'' and inserting ``$14,000,000''.
SEC. 1099V. INSPECTION OF FACILITIES USED TO HOUSE, DETAIN, SCREEN, AND
REVIEW MIGRANTS AND REFUGEES.
The Secretary of Defense, in coordination with the Comptroller
General of the United States and the Secretary of Health and Human
Services shall establish a process under which the Comptroller General
and the Inspector General of Health and Human Services, as appropriate,
may be provided with access to Government-owned or Department of
Defense-owned installations where there are facilities used to house,
detain, screen, or review migrants, refugees, or other persons recently
arriving in the United States for purposes of conducting surprise
inspections of such facilities.
SEC. 1099W. SENSE OF CONGRESS REGARDING THE 2001 AUTHORIZATION FOR USE
OF MILITARY FORCE.
(a) Findings.--Congress makes the following findings:
(1) The Authorization for Use of Military Force (referred
to in this section as the ``2001 AUMF'') (Public Law 107-40; 50
U.S.C. 1541 note) was passed by Congress in 2001 after the
terrorist attacks of September 11, 2001, to authorize the use
of force against those responsible for the attacks of September
11, 2001.
(2) The 2001 AUMF is one of the only modern authorizations
for the use of force in the history of the United States that
included no limitation in time, geography, operations, or a
named enemy.
(3) The 2001 AUMF has been cited 41 times as the legal
basis for the use of force in 19 countries.
(4) Article 1, Section 8 of the Constitution provides
Congress with the sole authority to ``declare war''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the use of the 2001 AUMF has been well beyond the scope
that Congress initially intended when it was passed on
September 14, 2001;
(2) nearly 18 years after the passage of the 2001 AUMF, it
has served as a blank check for any President to wage war at
any time and at any place; and
(3) any new authorization for the use of military force
that replaces the 2001 AUMF should include--
(A) a sunset clause and timeframe within which
Congress should revisit the authority provided in the
new authorization for use of military force;
(B) a clear and specific expression of mission
objectives, targets, and geographic scope; and
(C) reporting requirements to increase transparency
and ensure proper Congressional oversight.
SEC. 1099X. PROHIBITION ON EXPORT OF AIR TO GROUND MUNITIONS, RELATED
COMPONENTS AND PARTS OF SUCH MUNITIONS, AND RELATED
SERVICES TO SAUDI ARABIA AND THE UNITED ARAB EMIRATES.
(a) In General.--For the one-year period beginning on the date of
the enactment of this Act, the President may not issue any license, and
shall suspend any license or other approval that was issued before the
date of the enactment of this Act, for the export to the Government of
Saudi Arabia or the Government of the United Arab Emirates of any air
to ground munitions, related components and parts of such munitions,
and related services.
(b) Waiver.--The President may waive the prohibition in subsection
(a) for any instance of license denial or suspension that shall result
in a cost to the Federal Government.
SEC. 1099Y. INDEPENDENT STUDIES REGARDING POTENTIAL COST SAVINGS WITH
RESPECT TO THE NUCLEAR SECURITY ENTERPRISE AND FORCE
STRUCTURE.
(a) Comptroller General Report.--
(1) Requirement.--Not later than December 1, 2020, the
Comptroller General of the United States shall submit to the
congressional defense committees a report containing cost
analyses with respect to each of the following:
(A) Options for reducing the nuclear security
enterprise (as defined by section 4002 of the Atomic
Energy Defense Act (50 U.S.C. 2501)).
(B) Options for reductions in service contracts.
(C) Options for rebalancing force structure,
including reductions in special operations forces, the
ancillary effects of such options, and the impacts of
changing the force mix between active and reserve
components.
(D) Options for reducing or realigning overseas
military presence.
(E) Options for the use of pre-award audits to
negotiate better prices for weapon systems and
services.
(F) Options for replacing some military personnel
with civilian employees.
(2) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex with respect to the matters specified in subparagraphs
(A) and (C) of such paragraph.
(b) FFRDC Studies.--
(1) Requirement.--The Secretary of Defense shall seek to
enter into agreements with federally funded research and
development centers to conduct the following studies:
(A) A study of the cost savings resulting from
changes in force structure, active and reserve
component balance, basing, and other impacts resulting
from potential challenges to foundational planning
assumptions.
(B) A study of the cost savings resulting from the
adoption of alternatives to the current nuclear
deterrence posture of the United States.
(C) A study of the cost savings of alternatives to
current force structures.
(2) Detail required.--The Secretary shall ensure that each
study under paragraph (1) has a level of detail sufficient to
allow the Director of the Congressional Budget Office to
analyze the costs described in such studies.
(3) Submission.--Not later than December 1, 2020, the
Secretary shall submit to the congressional defense committees
each study under paragraph (1).
(4) Form.--The studies under paragraph (1), and the report
under paragraph (3), shall be submitted in unclassified form,
but may contain a classified annex.
(c) Independent Study.--
(1) Requirement.--The Secretary shall seek to enter into an
agreement with an appropriate nonpartisan nongovernmental
entity to conduct a study on possible alternatives to the
current defense and deterrence posture of the United States,
including challenges to foundational assumptions, and the
impact of such postures on planning assumptions and
requirements, basing, and force structure requirements.
(2) Submission.--Not later than December 1, 2020, the
Secretary shall submit to the congressional defense committees
the study under paragraph (1).
Subtitle I--North Korea Nuclear Sanctions
SEC. 1099Z-1. SHORT TITLE.
This subtitle may be cited as the ``Otto Warmbier North Korea
Nuclear Sanctions Act of 2019''.
SEC. 1099Z-2. FINDINGS.
The Congress finds the following:
(1) On June 1, 2016, the Department of the Treasury's
Financial Crimes Enforcement Network announced a Notice of
Finding that the Democratic People's Republic of Korea is a
jurisdiction of primary money laundering concern due to its use
of state-controlled financial institutions and front companies
to support the proliferation and development of weapons of mass
destruction (WMD) and ballistic missiles.
(2) The Financial Action Task Force (FATF) has expressed
serious concerns with the threat posed by North Korea's
proliferation and financing of WMD, and has called on FATF
members to apply effective counter-measures to protect their
financial sectors from North Korean money laundering, WMD
proliferation financing, and the financing of terrorism.
(3) In its February 2017 report, the U.N. Panel of Experts
concluded that--
(A) North Korea continued to access the
international financial system in support of illicit
activities despite sanctions imposed by U.N. Security
Council Resolutions 2270 (2016) and 2321 (2016);
(B) during the reporting period, no member state
had reported taking actions to freeze North Korean
assets; and
(C) sanctions evasion by North Korea, combined with
inadequate compliance by member states, had
significantly negated the impact of U.N. Security
Council resolutions.
(4) In its September 2017 report, the U.N. Panel of Experts
found that--
(A) North Korea continued to violate financial
sanctions by using agents acting abroad on the
country's behalf;
(B) foreign financial institutions provided
correspondent banking services to North Korean persons
and front companies for illicit purposes;
(C) foreign companies violated sanctions by
maintaining links with North Korean financial
institutions; and
(D) North Korea generated at least $270 million
during the reporting period through the violation of
sectoral sanctions.
(5) North Korean entities engage in significant financial
transactions through foreign bank accounts that are maintained
by non-North Korean nationals, thereby masking account users'
identity in order to access financial services.
(6) North Korea's sixth nuclear test on September 3, 2017,
demonstrated an estimated explosive power more than 100 times
greater than that generated by its first nuclear test in 2006.
(7) On February 23, 2018 the Department of the Treasury
announced its largest-ever set of North Korea-related
sanctions, with a particular focus on shipping and trading
companies, and issued a maritime advisory to highlight North
Korea's sanctions evasion tactics. On May 9, 2019, the United
States seized a North Korean ship, the Wise Honest, which had
previously been detained by Indonesia for carrying coal in
violation of United Nations sanctions.
(8) According to the March 2019 Final Report of the U.N.
Panel of Experts, ``The nuclear and ballistic missile
programmes of the Democratic People's Republic of Korea remain
intact and the country continues to defy Security Council
resolutions through a massive increase in illegal ship-to-ship
transfers of petroleum products and coal. These violations
render the latest United Nations sanctions ineffective by
flouting the caps on the import of petroleum products and crude
oil by the Democratic People's Republic of Korea as well as the
coal ban, imposed in 2017 by the Security Council in response
to the country's unprecedented nuclear and ballistic missile
testing.''.
(9) The U.N. Panel of Experts further concluded:
``Financial sanctions remain some of the most poorly
implemented and actively evaded measures of the sanctions
regime. Individuals empowered to act as extensions of financial
institutions of the Democratic People's Republic of Korea
operate in at least five countries with seeming impunity.''.
(10) North Korea has successfully tested short-range,
submarine-launched, and intercontinental ballistic missiles,
and is rapidly progressing in its development of a nuclear-
armed missile that is capable of reaching United States
territory.
SEC. 1099Z-3. CONDITIONS WITH RESPECT TO CERTAIN ACCOUNTS AND
TRANSACTIONS AT UNITED STATES FINANCIAL INSTITUTIONS.
(a) Correspondent and Payable-through Accounts Held by Foreign
Financial Institutions.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Treasury shall
prescribe regulations to prohibit, or impose strict conditions
on, the opening or maintaining in the United States of a
correspondent account or a payable-through account by a foreign
financial institution that the Secretary finds knowingly
facilitates a significant transaction or provides significant
financial services for a covered person.
(2) Penalties.--
(A) Civil penalty.--A person who violates, attempts
to violate, conspires to violate, or causes a violation
of regulations prescribed under this subsection shall
be subject to a civil penalty in an amount not to
exceed the greater of--
(i) $250,000; or
(ii) an amount that is twice the amount of
the transaction that is the basis of the
violation with respect to which the penalty is
imposed.
(B) Criminal penalty.--A person who willfully
commits, willfully attempts to commit, or willfully
conspires to commit, or aids or abets in the commission
of, a violation of regulations prescribed under this
subsection shall, upon conviction, be fined not more
than $1,000,000, or if a natural person, may be
imprisoned for not more than 20 years, or both.
(b) Restrictions on Certain Transactions by United States Financial
Institutions.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Treasury shall
prescribe regulations to prohibit a United States financial
institution, and any person owned or controlled by a United
States financial institution, from knowingly engaging in a
significant transaction with or benefitting any person that the
Secretary finds to be a covered person.
(2) Civil penalty.--A person who violates, attempts to
violate, conspires to violate, or causes a violation of
regulations prescribed under this subsection shall be subject
to a civil penalty in an amount not to exceed the greater of--
(A) $250,000; or
(B) an amount that is twice the amount of the
transaction that is the basis of the violation with
respect to which the penalty is imposed.
SEC. 1099Z-4. OPPOSITION TO ASSISTANCE BY THE INTERNATIONAL FINANCIAL
INSTITUTIONS AND THE EXPORT-IMPORT BANK.
(a) International Financial Institutions.--The Bretton Woods
Agreements Act (22 U.S.C. 286 et seq.) is amended by adding at the end
the following:
``SEC. 73. OPPOSITION TO ASSISTANCE FOR ANY GOVERNMENT THAT FAILS TO
IMPLEMENT SANCTIONS ON NORTH KOREA.
``(a) In General.--The Secretary of the Treasury shall instruct the
United States Executive Director at the international financial
institutions (as defined under section 1701(c) of the International
Financial Institutions Act) to use the voice and vote of the United
States to oppose the provision of financial assistance to a foreign
government, other than assistance to support basic human needs, if the
President determines that, in the year preceding consideration of
approval of such assistance, the government has knowingly failed to
prevent the provision of financial services to, or freeze the funds,
financial assets, and economic resources of, a person described under
subparagraphs (A) through (E) of section 7(2) of the Otto Warmbier
North Korea Nuclear Sanctions Act of 2019.
``(b) Waiver.--The President may waive subsection (a) for up to 180
days at a time with respect to a foreign government if the President
reports to Congress that--
``(1) the foreign government's failure described under (a)
is due exclusively to a lack of foreign government capacity;
``(2) the foreign government is taking effective steps to
prevent recurrence of such failure; or
``(3) such waiver is vital to the national security
interests of the United States.''.
(b) Export-Import Bank.--Section 2(b) of the Export-Import Bank Act
of 1945 (12 U.S.C. 635(b)) is amended by adding at the end the
following:
``(14) Prohibition on support involving persons connected
with north korea.--The Bank may not guarantee, insure, or
extend credit, or participate in the extension of credit in
connection with the export of a good or service to a covered
person (as defined under section 7 of the Otto Warmbier North
Korea Nuclear Sanctions Act of 2019).''.
SEC. 1099Z-5. TREASURY REPORTS ON COMPLIANCE, PENALTIES, AND TECHNICAL
ASSISTANCE.
(a) Semiannual Report.--
(1) In general.--Not later than 120 days following the date
of the enactment of this Act, and every 180 days thereafter,
the Secretary of the Treasury shall submit a report to the
Committee on Financial Services of the House of Representatives
and the Committee on Banking, Housing, and Urban Affairs of the
Senate that includes--
(A) a list of financial institutions that, in the
period since the preceding report, knowingly
facilitated a significant transaction or transactions
or provided significant financial services for a
covered person;
(B) a list of any penalties imposed under section 3
in the period since the preceding report; and
(C) a description of efforts by the Department of
the Treasury in the period since the preceding report,
through consultations, technical assistance, or other
appropriate activities, to strengthen the capacity of
financial institutions and foreign governments to
prevent the provision of financial services benefitting
any covered person.
(2) Form of report; public availability.--
(A) Form.--The report required under paragraph (1)
shall be submitted in unclassified form but may contain
a classified annex.
(B) Public availability.--The unclassified portion
of such report shall be made available to the public
and posted on the website of the Department of the
Treasury.
(3) Sunset.--The report requirement under this subsection
shall terminate after the end of the 5-year period beginning on
the date of enactment of this Act.
(b) Testimony Required.--Upon request of the Committee on Financial
Services of the House of Representatives or the Committee on Banking,
Housing, and Urban Affairs of the Senate, the Under Secretary of the
Treasury for Terrorism and Financial Intelligence shall testify to
explain the effects of this Act, and the amendments made by this Act,
on North Korea's access to illicit finance channels.
(c) International Monetary Fund.--Title XVI of the International
Financial Institutions Act (22 U.S.C. 262p et seq.) is amended by
adding at the end the following:
``SEC. 1629. SUPPORT FOR CAPACITY OF THE INTERNATIONAL MONETARY FUND TO
PREVENT MONEY LAUNDERING AND FINANCING OF TERRORISM.
``The Secretary of the Treasury shall instruct the United States
Executive Director at the International Monetary Fund to support the
increased use of the administrative budget of the Fund for technical
assistance that strengthens the capacity of Fund members to prevent
money laundering and the financing of terrorism.''.
(d) National Advisory Council Report to Congress.--The Chairman of
the National Advisory Council on International Monetary and Financial
Policies shall include in the report required by section 1701 of the
International Financial Institutions Act (22 U.S.C. 262r) a description
of--
(1) the activities of the International Monetary Fund in
the most recently completed fiscal year to provide technical
assistance that strengthens the capacity of Fund members to
prevent money laundering and the financing of terrorism, and
the effectiveness of the assistance; and
(2) the efficacy of efforts by the United States to support
such technical assistance through the use of the Fund's
administrative budget, and the level of such support.
(e) Sunset.--Effective on the date that is the end of the 4-year
period beginning on the date of enactment of this Act, section 1629 of
the International Financial Institutions Act, as added by subsection
(c), is repealed.
SEC. 1099Z-6. SUSPENSION AND TERMINATION OF PROHIBITIONS AND PENALTIES.
(a) Suspension.--Except for any provision of section 1098, the
President may suspend, on a case-by-case basis, the application of any
provision of this subtitle, or provision in an amendment made by this
subtitle, with respect to an entity, individual, or transaction, for a
period of not more than 180 days at a time if the President certifies
to Congress that--
(1) the Government of North Korea has--
(A) committed to the verifiable suspension of North
Korea's proliferation and testing of WMD, including
systems designed in whole or in part for the delivery
of such weapons; and
(B) has agreed to multilateral talks including the
Government of the United States, with the goal of
permanently and verifiably limiting North Korea's WMD
and ballistic missile programs; or
(2) such suspension is vital to the national security
interests of the United States, with an explanation of the
reasons therefor.
(b) Termination.--
(1) In general.--On the date that is 30 days after the date
on which the President makes the certification described under
paragraph (2)--
(A) subsection (a), section 1094, and subsections
(a) and (b) of section 1096 shall cease to have any
force or effect;
(B) section 73 of the Bretton Woods Agreements Act,
as added by section 4(a), shall be repealed; and
(C) section 2(b)(14) of the Export-Import Bank Act
of 1945, as added by section 4(b), shall be repealed.
(2) Certification.--The certification described under this
paragraph is a certification by the President to the Congress
that--
(A) the Government of North Korea--
(i) has ceased to pose a significant threat
to national security, with an explanation of
the reasons therefor; or
(ii) is committed to, and is taking
effective steps to achieving, the goal of
permanently and verifiably limiting North
Korea's WMD and ballistic missile programs; or
(B) such termination is vital to the national
security interests of the United States, with an
explanation of the reasons therefor.
SEC. 1099Z-7. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--The authorities and requirements to impose
sanctions authorized under this subtitle shall not include the
authority or requirement to impose sanctions on the importation of
goods.
(b) Good Defined.--In this section, the term ``good'' means any
article, natural or man-made substance, material, supply or
manufactured product, including inspection and test equipment, and
excluding technical data.
SEC. 1099Z-8. DEFINITIONS.
For purposes of this subtitle:
(1) Terms related to north korea.--The terms ``applicable
Executive order'', ``Government of North Korea'', ``North
Korea'', ``North Korean person'', and ``significant activities
undermining cybersecurity'' have the meanings given those
terms, respectively, in section 3 of the North Korea Sanctions
and Policy Enhancement Act of 2016 (22 U.S.C. 9202).
(2) Covered person.--The term ``covered person'' means the
following:
(A) Any North Korean person designated under an
applicable Executive order.
(B) Any North Korean person that knowingly
facilitates the transfer of bulk cash or covered goods
(as defined under section 1027.100 of title 31, Code of
Federal Regulations).
(C) Any North Korean financial institution.
(D) Any North Korean person employed outside of
North Korea, except that the Secretary of the Treasury
may waive the application of this subparagraph for a
North Korean person that is not otherwise a covered
person and--
(i) has been granted asylum or refugee
status by the country of employment; or
(ii) is employed as essential diplomatic
personnel for the Government of North Korea.
(E) Any person acting on behalf of, or at the
direction of, a person described under subparagraphs
(A) through (D).
(F) Any person that knowingly employs a person
described under subparagraph (D).
(G) Any person that knowingly facilitates the
import of goods, services, technology, or natural
resources, including energy imports and minerals, or
their derivatives, from North Korea.
(H) Any person that knowingly facilitates the
export of goods, services, technology, or natural
resources, including energy exports and minerals, or
their derivatives, to North Korea, except for food,
medicine, or medical supplies required for civilian
humanitarian needs.
(I) Any person that knowingly invests in, or
participates in a joint venture with, an entity in
which the Government of North Korea participates or an
entity that is created or organized under North Korean
law.
(J) Any person that knowingly provides financial
services, including through a subsidiary or joint
venture, in North Korea.
(K) Any person that knowingly insures, registers,
facilitates the registration of, or maintains insurance
or a registration for, a vessel owned, controlled,
commanded, or operated by a North Korean person.
(L) Any person knowingly providing specialized
teaching, training, or information or providing
material or technological support to a North Korean
person that--
(i) may contribute to North Korea's
development and proliferation of WMD, including
systems designed in whole or in part for the
delivery of such weapons; or
(ii) may contribute to significant
activities undermining cybersecurity.
(3) Financial institution definitions.--
(A) Financial institution.--The term ``financial
institution'' means a United States financial
institution or a foreign financial institution.
(B) Foreign financial institution.--The term
``foreign financial institution'' has the meaning given
that term under section 1010.605 of title 31, Code of
Federal Regulations.
(C) North korean financial institution.--The term
``North Korean financial institution'' includes--
(i) any North Korean financial institution,
as defined in section 3 of the North Korea
Sanctions and Policy Enhancement Act of 2016
(22 U.S.C. 9202);
(ii) any financial agency, as defined in
section 5312 of title 31, United States Code,
that is owned or controlled by the Government
of North Korea;
(iii) any money transmitting business, as
defined in section 5330(d) of title 31, United
States Code, that is owned or controlled by the
Government of North Korea;
(iv) any financial institution that is a
joint venture between any person and the
Government of North Korea; and
(v) any joint venture involving a North
Korean financial institution.
(D) United states financial institution.--The term
``United States financial institution'' has the meaning
given the term ``U.S. financial institution'' under
section 510.310 of title 31, Code of Federal
Regulations.
(4) Knowingly.--The term ``knowingly'' with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--Personnel Management
SEC. 1101. DEFENSE ADVANCED RESEARCH PROJECTS AGENCY PERSONNEL
MANAGEMENT AUTHORITY.
Section 1599h(b)(1)(B) of title 10, United States Code, is amended
by striking ``100 positions'' and inserting ``140 positions''.
SEC. 1102. MODIFICATION OF PROBATIONARY PERIOD FOR CERTAIN DEPARTMENT
OF DEFENSE EMPLOYEES.
(a) In General.--Section 1599e of title 10, United States Code, is
amended by--
(1) striking subsection (a) and inserting the following:
``(a) In General.--Notwithstanding sections 3321 and 3393(d) of
title 5, the probationary period applicable under those sections to a
covered employee may be extended by the Secretary concerned at the
discretion of such Secretary.''; and
(2) by striking subsection (d).
(b) Conforming Amendments.--Title 5, United States Code, is
amended--
(1) in section 7501(1), by striking ``, except as provided
in section 1599e of title 10,''; and
(2) in section 7511(a)(1)(A)(ii), by striking ``except as
provided in section 1599e of title 10,''.
(c) Application.--The amendments made by this section shall apply
to any covered employee (as that term is defined in paragraph (1) of
section 1599e(b) of title 10, United States Code) appointed to a
position described under subparagraph (A) or (B) of such paragraph on
or after the date of the enactment of this Act.
SEC. 1103. CIVILIAN PERSONNEL MANAGEMENT.
Section 129 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``each
fiscal year'' and inserting ``each fiscal year
solely''; and
(B) in the second sentence--
(i) by striking ``Any'' and inserting ``The
management of such personnel in any fiscal year
shall not be subject to any''; and
(ii) by striking ``shall be developed'' and
all that follows through ``changed
circumstances''; and
(2) in subsection (c)(2)--
(A) in each of subparagraphs (A) and (B), by
inserting ``and associated costs'' after each instance
of ``projected size''; and
(B) in subparagraph (B), by striking ``that have
been taken'' and all that follows through the period
and inserting ``to reduce the overall costs of the
total force of military, civilian, and contract
workforces.''.
SEC. 1104. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT
ALLOWANCES, BENEFITS, AND GRATUITIES TO CIVILIAN
PERSONNEL ON OFFICIAL DUTY IN A COMBAT ZONE.
Paragraph (2) of section 1603(a) of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234; 120 Stat. 443), as added by section
1102 of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4616) and as most recently
amended by section 1115 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is further
amended by striking ``2020'' and inserting ``2021''.
SEC. 1105. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION
ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR
FEDERAL CIVILIAN EMPLOYEES WORKING OVERSEAS.
(a) Extension of Authority.--Section 1101(a) of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law
110-417; 122 Stat. 4615), as most recently amended by section 1104 of
the John S. McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232), is further amended by striking ``through
2019'' and inserting ``through 2020''.
(b) Effective Date.--The amendment made by this section shall take
effect on January 1, 2020.
SEC. 1106. PERFORMANCE OF CIVILIAN FUNCTIONS BY MILITARY PERSONNEL.
Subparagraph (B) of paragraph (1) of subsection (g) of section 129a
of title 10, United States Code, is amended to read as follows:
``(B) such functions may be performed by military
personnel for a period that does not exceed one year if
the Secretary of the military department concerned
determines that--
``(i) the performance of such functions by
military personnel is required to address
critical staffing needs resulting from a
reduction in personnel or budgetary resources
by reason of an Act of Congress; and
``(ii) the military department concerned is
in compliance with the policies, procedures,
and analysis required by this section and
section 129 of this title.''.
SEC. 1107. EXTENSION OF DIRECT HIRE AUTHORITY FOR DOMESTIC INDUSTRIAL
BASE FACILITIES AND MAJOR RANGE AND TEST FACILITIES BASE.
(a) In General.--Subsection (a) of section 1125 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328), as
amended by subsection (a) of section 1102 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91), is further
amended by striking ``through 2021,'' and inserting ``through 2025,''.
(b) Briefing.--Subsection (b) of such section 1102 is amended by
striking ``fiscal years 2019 and 2021'' and inserting ``fiscal years
2019 through 2025''.
SEC. 1108. AUTHORITY TO PROVIDE ADDITIONAL ALLOWANCES AND BENEFITS FOR
CERTAIN DEFENSE CLANDESTINE SERVICE EMPLOYEES.
Section 1603 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) Additional Allowances and Benefits for Certain Employees of
the Defense Clandestine Service.--(1) Beginning on the date on which
the Secretary of Defense submits the report under paragraph (3)(A), in
addition to the authority to provide compensation under subsection (a),
the Secretary may provide a covered employee allowances and benefits
under paragraph (1) of section 9904 of title 5 without regard to the
limitations in that section--
``(A) that the employee be assigned to activities outside
the United States; or
``(B) that the activities to which the employee is assigned
be in support of Department of Defense activities abroad.
``(2) The Secretary may not provide allowances and benefits under
paragraph (1) to more than 125 covered employees per year.
``(3)(A) The Secretary shall submit to the appropriate
congressional committees a report containing a strategy addressing the
mission of the Defense Clandestine Service during the period covered by
the most recent future-years defense program submitted under section
221 of this title, including--
``(i) how such mission will evolve during such period;
``(ii) how the authority provided by paragraph (1) will
assist the Secretary in carrying out such mission; and
``(iii) an implementation plan for carrying out paragraph
(1), including a projection of how much the amount of the
allowances and benefits provided under such paragraph compare
with the amount of the allowances and benefits provided before
the date of the report.
``(B) Not later than December 31, 2020, and each year thereafter,
the Secretary shall submit to the appropriate congressional committees
a report, with respect to the fiscal year preceding the date on which
the report is submitted--
``(i) identifying the number of covered employees for whom
the Secretary provided allowances and benefits under paragraph
(1); and
``(ii) evaluating the efficacy of such allowances and
benefits in enabling the execution of the objectives of the
Defense Intelligence Agency.
``(C) The reports under subparagraphs (A) and (B) may be submitted
in classified form.
``(4) In this subsection:
``(A) The term `appropriate congressional committees'
means--
``(i) the congressional defense committees; and
``(ii) the Permanent Select Committee on
Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate.
``(B) The term `covered employee' means an employee in a
defense intelligence position who is assigned to the Defense
Clandestine Service at a location in the United States that the
Secretary determines has living costs equal to or higher than
the District of Columbia.''.
SEC. 1109. PROHIBITED PERSONNEL PRACTICES.
(a) In General.--Section 2302 of title 5, United States Code, is
amended by adding at the end the following:
``(g)(1) All protections afforded to an employee under
subparagraphs (A), (B), and (D) of subsection (b)(1) shall be afforded,
in the same manner and to the same extent, to an intern and an
applicant for internship.
``(2) For purposes of the application of this subsection, a
reference to an employee shall be considered a reference to an intern
in--
``(A) section 717 of the Civil Rights Act of 1964 (42
U.S.C. 2000e-16);
``(B) sections 12 and 15 of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 631, 633a); and
``(C) section 501 of the Rehabilitation Act of 1973 (29
U.S.C. 791).
``(3) In this subsection, the term `intern' means an individual who
performs uncompensated voluntary service in an agency to earn credit
awarded by an educational institution or to learn a trade or
occupation.''.
(b) Conforming Amendment.--Section 3111(c)(1) of title 5, United
States Code, is amended by inserting ``section 2302(g) (relating to
prohibited personnel practices),'' before ``chapter 81''.
SEC. 1110. ENHANCEMENT OF ANTIDISCRIMINATION PROTECTIONS FOR FEDERAL
EMPLOYEES.
(a) Sense of Congress.--Section 102 of the Notification and Federal
Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301
note) is amended--
(1) in paragraph (4), to read as follows:
``(4) accountability in the enforcement of Federal employee
rights is furthered when Federal agencies take appropriate
disciplinary action against Federal employees who have been
found to have committed discriminatory or retaliatory acts;'';
and
(2) in paragraph (5)(A)--
(A) by striking ``nor is accountability'' and
inserting ``but accountability is not''; and
(B) by inserting ``for what by law the agency is
responsible'' after ``under this Act''.
(b) Notification of Violation.--Section 202 of the Notification and
Federal Employee Antidiscrimination and Retaliation Act of 2002 (5
U.S.C. 2301 note) is amended by adding at the end the following:
``(d) Notification of Final Agency Action.--
``(1) Not later than 30 days after a Federal agency takes
final action or the Equal Employment Opportunity Commission
issues an appellate decision involving a finding of
discrimination or retaliation prohibited by a provision of law
covered by paragraph (1) or (2) of section 201(a), as
applicable, the head of the agency subject to the finding shall
provide notice for at least 1 year on the agency's internet
website in a clear and prominent location linked directly from
the agency's internet home page stating that a finding of
discrimination or retaliation has been made.
``(2) The notification shall identify the date the finding
was made, the date or dates on which the discriminatory or
retaliatory act or acts occurred, and the law or laws violated
by the discriminatory or retaliatory act or acts. The
notification shall also advise Federal employees of the rights
and protections available under the respective provisions of
law covered by paragraph (1) or (2) of section 201(a).''.
(c) Reporting Requirements.--
(1) Electronic format requirement.--
(A) In general.--Section 203(a) of the Notification
and Federal Employee Antidiscrimination and Retaliation
Act of 2002 (5 U.S.C. 2301 note) is amended--
(i) by inserting ``Homeland Security and''
before ``Governmental Affairs'';
(ii) by inserting ``Oversight and'' before
``Government Reform''; and
(iii) by inserting ``(in an electronic
format prescribed by the Office of Personnel
Management)'' after ``an annual report''.
(B) Effective date.--The amendment made by
paragraph (1)(C) shall take effect on the date that is
1 year after the date of enactment of this Act.
(C) Transition period.--Notwithstanding the
requirements of section 203(a) of the Notification and
Federal Employee Antidiscrimination and Retaliation Act
of 2002 (5 U.S.C. 2301 note), the report required under
such section may be submitted in an electronic format,
as prescribed by the Office of Personnel Management,
during the period beginning on the date of enactment of
this Act and ending on the effective date in paragraph
(2).
(2) Reporting requirement for disciplinary action.--Section
203 of such Act is amended by adding at the end the following:
``(c) Disciplinary Action Report.--Not later than 60 days after the
date on which a Federal agency takes final action or a Federal agency
receives an appellate decision issued by the Equal Employment
Opportunity Commission involving a finding of discrimination or
retaliation in violation of a provision of law covered by paragraph (1)
or (2) of section 201(a), as applicable, the employing Federal agency
shall submit to the Commission a report stating whether disciplinary
action has been initiated against a Federal employee as a result of the
violation.''.
(d) Data to Be Posted by Employing Federal Agencies.--Section
301(b) of the Notification and Federal Employee Antidiscrimination and
Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended--
(1) in paragraph (9)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B)(ii), by striking the period
at the end and inserting ``, and''; and
(C) by adding at the end the following:
``(C) for each such finding counted under
subparagraph (A), the agency shall specify--
``(i) the date of the finding;
``(ii) the affected agency;
``(iii) the law violated; and
``(iv) whether a decision has been made
regarding necessary disciplinary action as a
result of the finding.''; and
(2) by adding at the end the following:
``(11) Data regarding each class action complaint filed
against the agency alleging discrimination or retaliation,
including--
``(A) information regarding the date on which each
complaint was filed;
``(B) a general summary of the allegations alleged
in the complaint;
``(C) an estimate of the total number of plaintiffs
joined in the complaint if known;
``(D) the current status of the complaint,
including whether the class has been certified; and
``(E) the case numbers for the civil actions in
which discrimination or retaliation has been found.''.
(e) Data to Be Posted by the Equal Employment Opportunity
Commission.--Section 302(b) of the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is
amended by striking ``(10)'' and inserting ``(11)''.
(f) Notification and Federal Employee Antidiscrimination and
Retaliation Act Amendments.--
(1) Notification requirements.--The Notification and
Federal Employee Antidiscrimination and Retaliation Act of 2002
(5 U.S.C. 2301 note) is amended by adding after section 206 the
following:
``SEC. 207. COMPLAINT TRACKING.
``Not later than 1 year after the date of enactment of the Federal
Employee Antidiscrimination Act of 2019, each Federal agency shall
establish a system to track each complaint of discrimination arising
under section 2302(b)(1) of title 5, United States Code, and
adjudicated through the Equal Employment Opportunity process from
inception to resolution of the complaint, including whether a decision
has been made regarding necessary disciplinary action as the result of
a finding of discrimination.
``SEC. 208. NOTATION IN PERSONNEL RECORD.
``If a Federal agency takes an adverse action covered under section
7512 of title 5, United States Code, against a Federal employee for an
act of discrimination or retaliation prohibited by a provision of law
covered by paragraph (1) or (2) of section 201(a), the agency shall,
after all appeals relating to such action have been exhausted, include
a notation of the adverse action and the reason for the action in the
employee's personnel record.''.
(2) Processing and referral.--The Notification and Federal
Employee Antidiscrimination and Retaliation Act of 2002 (5
U.S.C. 2301 note) is amended by adding at the end the
following:
``TITLE IV--PROCESSING AND REFERRAL
``SEC. 401. PROCESSING AND RESOLUTION OF COMPLAINTS.
``Each Federal agency is responsible for the fair, impartial
processing and resolution of complaints of employment discrimination
and retaliation arising in the Federal administrative process and shall
establish a model Equal Employment Opportunity Program that--
``(1) is not under the control, either structurally or
practically, of a Human Capital or General Counsel office;
``(2) is devoid of internal conflicts of interest and
ensures fairness and inclusiveness within the organization; and
``(3) ensures the efficient and fair resolution of
complaints alleging discrimination or retaliation.
``SEC. 402. NO LIMITATION ON HUMAN CAPITAL OR GENERAL COUNSEL ADVICE.
``Nothing in this title shall prevent a Federal agency's Human
Capital or General Counsel office from providing advice or counsel to
Federal agency personnel on the processing and resolution of a
complaint, including providing legal representation to a Federal agency
in any proceeding.
``SEC. 403. HEAD OF PROGRAM REPORTS TO HEAD OF AGENCY.
``The head of each Federal agency's Equal Employment Opportunity
Program shall report directly to the head of the agency.
``SEC. 404. REFERRALS OF FINDINGS OF DISCRIMINATION.
``(a) EEOC Findings of Discrimination.--Not later than 30 days
after the Equal Employment Opportunity Commission issues an appellate
decision involving a finding of discrimination or retaliation within a
Federal agency, the Commission shall refer the matter to the Office of
Special Counsel.
``(b) Referrals to Special Counsel.--The Office of Special Counsel
shall accept and review a referral from the Commission under subsection
(a) for purposes of seeking disciplinary action under its authority
against a Federal employee who commits an act of discrimination or
retaliation.
``(c) Notification.--The Office of Special Counsel shall notify the
Commission in a case in which the Office of Special Counsel initiates
disciplinary action.
``(d) Special Counsel Approval.--A Federal agency may not take
disciplinary action against a Federal employee for an alleged act of
discrimination or retaliation referred by the Commission under this
section except in accordance with the requirements of section 1214(f)
of title 5, United States Code.''.
(3) Conforming amendments.--The table of contents in
section 1(b) of the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301
note) is amended--
(A) by inserting after the item relating to section
206 the following:
``Sec. 207. Complaint tracking.
``Sec. 208. Notation in personnel record.'';
and
(B) by adding at the end the following:
``TITLE IV--PROCESSING AND REFERRAL
``Sec. 401. Processing and resolution of complaints.
``Sec. 402. No limitation on Human Capital or General Counsel advice.
``Sec. 403. Head of Program reports to head of agency.
``Sec. 404. Referrals of findings of discrimination.''.
(g) Nondisclosure Agreement Limitation.--Section 2302(b) of title
5, United States Code, is amended--
(1) in paragraph (13)--
(A) by inserting ``or the Office of Special
Counsel'' after ``Inspector General'';
(B) by striking ``implement'' and inserting ``(A)
implement''; and
(C) by striking the period that follows the quoted
material and inserting ``; or''; and
(2) by adding after subparagraph (A), as added by paragraph
(1)(B), and preceding the flush left matter that follows
paragraph (13), the following:
``(B) implement or enforce any nondisclosure
policy, form, or agreement, if such policy, form, or
agreement prohibits or restricts an employee from
disclosing to Congress, the Office of Special Counsel,
or an Office of the Inspector General any information
that relates to any violation of any law, rule, or
regulation, or mismanagement, a gross waste of funds,
an abuse of authority, or a substantial, and specific
danger to public health or safety, or any other
whistleblower protection.''.
SEC. 1111. MODIFICATION OF DIRECT HIRE AUTHORITIES FOR THE DEPARTMENT
OF DEFENSE.
(a) In General.--Section 9905 of title 5, United States Code, is
amended--
(1) in subsection (a)--
(A) by amending paragraph (2) to read as follows:
``(2) Any cyber workforce position.''; and
(B) by adding afer paragraph (4) the following:
``(5) Any scientific, technical, engineering, or
mathematics positions, including technicians, within the
defense acquisition workforce, or any category of acquisition
positions within the Department designated by the Secretary as
a shortage or critical need category.
``(6) Any scientific, technical, engineering, or
mathematics position, except any such position within any
defense Scientific and Technology Reinvention Laboratory, for
which a qualified candidate is required to possess a bachelor's
degree or an advanced degree, or for which a veteran candidate
is being considered.
``(7) Any category of medical or health professional
positions within the Department designated by the Secretary as
a shortage category or critical need occupation.
``(8) Any childcare services position for which there is a
critical hiring need and a shortage of childcare providers.
``(9) Any financial management, accounting, auditing,
actuarial, cost estimation, operational research, or business
or business administration position, for which a qualified
candidate is required to possess a finance, accounting,
management or actuarial science degree or a related degree, or
a related degree equivalent experience.
``(10) Any position, as determined by the Secretary, for
the purpose of assisting and facilitating the efforts of the
Department in business transformation and management
innovation.''; and
(2) by striking subsection (b) and inserting the following:
``(b) Sunset.--
``(1) In general.--Except as provided in paragraph (2),
effective on September 30, 2025, the authority provided under
subsection (a) shall expire.
``(2) Exception.--Paragraph (1) shall not apply to the
authority provided under subsection (a) to make appointments to
positions described under paragraph (5) of such subsection.
``(c) Suspension of Other Hiring Authorities.--During the period
beginning on the effective date of the regulations issued to carry out
the hiring authority with respect to positions described in paragraphs
(5) through (10) of subsection (a) and ending on the date described in
subsection (b)(1), the Secretary of Defense may not exercise or
otherwise use any hiring authority provided under the following
provisions of law:
``(1) Sections 1599c(a)(2) and 1705(h) of title 10.
``(2) Sections 1112 and 1113 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 1033).
``(3) Sections 1110 and 1643(a)(3) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2450 and 2602).
``(4) Sections 559 and 1101 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91).''.
(b) Report.--
(1) In general.--Not later than February 1, 2021, the
Secretary of Defense, in coordination with the Director of the
Office of Personnel Management, shall contract with a Federally
funded research and development center to submit a report to
the congressional defense committees and the Committee on
Oversight and Reform of the House of Representatives.
(2) Contents.--The report required under paragraph (1)
shall--
(A) assess and identify steps that could be taken
to improve the competitive hiring process at the
Department and ensure that direct hiring is conducted
in a manner consistent with ensuring a merit based
civil service and a diverse workforce in the Department
and the rest of the Federal Government; and
(B) consider the feasibility and desirability of
using cohort hiring, or hiring ``talent pools'',
instead of conducting all hiring on a position-by-
position basis.
(3) Other matters.--The Federally funded research and
development center selected to carry out the report under this
subsection shall, in preparing such report, consult with all
stakeholders, public sector unions, hiring managers, career
agency, and Office of Personnel Management personnel
specialists, and survey public sector employees and job
applicants, when developing its analysis and recommendations.
SEC. 1112. PERMITTED DISCLOSURES BY WHISTLEBLOWERS.
(a) Recipients of Whistleblower Disclosures.--Section 2302(b)(8)(B)
of title 5, United States Code, is amended by striking ``or to the
Inspector'' and all that follows through ``such disclosures'' and
inserting ``the Inspector General of an agency, a supervisor in the
employee's direct chain of command up to and including the head of the
employing agency, or to an employee designated by any of the
aforementioned individuals for the purpose of receiving such
disclosures''.
(b) Determination of Budgetary Effects.--The budgetary effects of
this section, for the purpose 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
section, submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such statement
has been submitted prior to the vote on passage.
SEC. 1113. DESIGNATING CERTAIN FEHBP AND FEGLI SERVICES PROVIDED BY
FEDERAL EMPLOYEES AS EXCEPTED SERVICES UNDER THE ANTI-
DEFICIENCY ACT.
(a) FEHBP.--Section 8905 of title 5, United States Code, is amended
by adding at the end the following:
``(i) Any services by an officer or employee under this chapter
relating to enrolling individuals in a health benefits plan under this
chapter, or changing the enrollment of an individual already so
enrolled, shall be deemed, for purposes of section 1342 of title 31,
services for emergencies involving the safety of human life or the
protection of property.''.
(b) FEGLI.--Section 8702 of title 5, United States Code, is amended
by adding at the end the following:
``(d) Any services by an officer or employee under this chapter
relating to benefits under this chapter shall be deemed, for purposes
of section 1342 of title 31, services for emergencies involving the
safety of human life or the protection of property.''.
(c) Regulations.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Office of Personnel Management
shall prescribe regulations to carry out the amendments made by
subsections (a) and (b).
(2) Pay status for furloughed employees.--The regulations
prescribed under paragraph (1) for the amendments made by
subsection (a) shall provide that an employee furloughed as
result of a lapse in appropriations shall, during such lapse,
be deemed to be in a pay status for purposes of enrolling or
changing the enrollment (as the case may be) of that employee
under chapter 89 of title 5, United States Code.
(d) Application.--The amendments made by subsection (a) and (b)
shall apply to any lapse in appropriations beginning on or after the
date of enactment of this Act.
SEC. 1114. CONTINUING SUPPLEMENTAL DENTAL AND VISION BENEFITS AND LONG-
TERM CARE INSURANCE COVERAGE DURING A GOVERNMENT
SHUTDOWN.
(a) In General.--Title 5, United States Code, is amended--
(1) in section 8956, by adding at the end the following:
``(d) Coverage under a dental benefits plan under this chapter for
any employee or a covered TRICARE-eligible individual enrolled in such
a plan and who, as a result of a lapse in appropriations, is furloughed
or excepted from furlough and working without pay shall continue during
such lapse and may not be cancelled as a result of nonpayment of
premiums or other periodic charges due to such lapse.'';
(2) in section 8986, by adding at the end the following:
``(d) Coverage under a vision benefits plan under this chapter for
any employee or a covered TRICARE-eligible individual enrolled in such
a plan and who, as a result of a lapse in appropriations, is furloughed
or excepted from furlough and working without pay shall continue during
such lapse and may not be cancelled as a result of nonpayment of
premiums or other periodic charges due to such lapse.''; and
(3) in section 9003, by adding at the end the following:
``(e) Effect of Government Shutdown.--Coverage under a master
contract under this chapter for long-term care insurance for an
employee or member of the uniformed services enrolled under such
contract and who, due to a lapse in appropriations, is furloughed or
excepted from furlough and working without pay shall continue during
such lapse and may not be cancelled as a result of nonpayment of
premiums or other periodic charges due to such lapse.''.
(b) Regulations.--
(1) In general.--Consistent with paragraph (2), the
Director of the Office of Personnel Management shall prescribe
regulations under which premiums for supplemental dental,
supplemental vision, or long-term care insurance under chapter
89A, 89B, or 90 (respectively) of title 5, United States Code,
(as amended by subsection (a)) that are unpaid by an employee,
a covered TRICARE-eligible individual, or a member of the
uniformed services (as the case may be), as a result of that
employee, covered TRICARE-eligible individual, or member being
furloughed or excepted from furlough and working without pay as
a result of a lapse in appropriations, are paid to the
applicable carrier from back pay made available to the employee
or member as soon as practicable upon the end of such lapse.
(2) Long-term care premiums from source other than
backpay.--The regulations promulgated under paragraph (1) for
the amendments made by subsection (a)(3) may provide, with
respect to any individual who elected under section 9004(d) of
title 5, United States Code, to pay premiums directly to the
carrier, that such individual may continue to pay premiums
pursuant to such election instead of from back pay made
available to such individual.
(c) Application.--The amendments made by subsection (a) shall apply
to any contract for supplemental dental, supplemental vision, or long-
term care insurance under chapter 89A, 89B, or 90 (respectively) of
title 5, United States Code, entered into before, on, or after the date
of enactment of this Act.
SEC. 1115. INTERIM STAY AUTHORITY TO PROTECT WHISTLEBLOWERS.
(a) Temporary Authority for MSPB General Counsel to Issue Stays of
Personnel Actions.--During the period beginning on the date of the
enactment of this Act and ending on the first date after such date of
enactment that an individual is confirmed by the Senate as a member of
the Merit Systems Protection Board under section 1201 of title 5,
United States Code, the general counsel of the Board shall carry out
the functions and authorities relating to stays of personnel actions
provided to a member of the Board under subparagraph (A), or to the
Board under subparagraph (B), (C), or (D), of section 1214(b)(1) of
such title.
(b) Authority for MSPB Member to Carry Out Duties of the Board in
the Event of a Lack of Quorum.--Section 1214(b)(1) of title 5, United
States Code, is amended--
(1) in subparagraph (C), by inserting after ``The Board''
the following: ``, or, if the Board lacks the number of members
appointed under section 1201 required to constitute a quorum,
any remaining member of the Board,''; and
(2) in subparagraph (D), in the matter preceding clause
(i), by striking ``A stay may be terminated by the Board at any
time, except that a stay may not be terminated by the Board''
and inserting the following: ``A stay may be terminated by the
Board, or, if the Board lacks the number of members appointed
under section 1201 required to constitute a quorum, any
remaining member of the Board, at any time, except that a stay
may not be terminated by the Board or any remaining member of
the Board (as the case may be)''.
SEC. 1116. LIMITATION ON TRANSFER OF OFFICE OF PERSONNEL MANAGEMENT.
The President or his designee may not take any action to transfer,
transition, merge, or consolidate any functions, responsibilities,
programs, authorities, information technology systems, staff,
resources, or records of the Office of Personnel to or with the General
Services Administration, the Office of Management and Budget, or the
Executive Office of the President.
SEC. 1117. REVIEW OF STANDARD OCCUPATIONAL CLASSIFICATION SYSTEM.
The Director of the Office of Management and Budget shall not later
than 30 days after the date of the enactment of this Act, categorize
public safety telecommunicators as a protective service occupation
under the Standard Occupational Classification System.
SEC. 1118. ASSESSMENT OF ACCELERATED PROMOTION PROGRAM SUSPENSION.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Navy shall enter into an
agreement with a Federally funded research and development center with
relevant expertise to conduct an assessment of the impacts resulting
from the Navy's suspension in 2016 of the Accelerated Promotion Program
(in this section referred to as the ``APP'').
(b) Elements.--The assessment required under subsection (a) shall
include the following elements:
(1) An identification of the employees who were hired at
the four public shipyards between January 23, 2016, and
December 22, 2016, covering the period in which APP was
suspended, and who would have otherwise been eligible for APP
had the program been in effect at the time they were hired.
(2) An assessment for each employee identified in paragraph
(1) to determine the difference between wages earned from the
date of hire to the date on which the wage data would be
collected and the wages which would have been earned during
this same period should that employee have participated in APP
from the date of hire and been promoted according to the
average promotion timeframe for participants hired in the five-
year period prior to the suspension.
(3) An assessment for each employee identified in paragraph
(1) to determine at what grade and step each effected employee
would be at on October 1, 2020, had that employee been promoted
according to the average promotion timeframe for participants
hired in the five-year period prior to the suspension.
(4) An evaluation of existing authorities available to the
Secretary to determine whether the Secretary can take measures
using those authorities to provide the pay difference and
corresponding interest, at a rate of the federal short-term
interest rate plus 3 percent, to each effected employee
identified in paragraph (2) and directly promote the employee
to the grade and step identified in paragraph (3).
(c) Report.--The Secretary shall submit to the congressional
defense committees a report on the results of the evaluation by not
later than June 1, 2020, and shall provide interim briefings upon
request.
SEC. 1119. REIMBURSEMENT FOR FEDERAL, STATE, AND LOCAL INCOME TAXES
INCURRED DURING TRAVEL, TRANSPORTATION, AND RELOCATION.
(a) In General.--Section 5724b of title 5, United States Code, is
amended--
(1) in the section heading, by striking ``of employees
transferred'';
(2) in subsection (a)--
(A) in the first sentence, by striking ``employee,
or by an employee and such employee's spouse (if filing
jointly), for any moving or storage'' and inserting
``individual, or by an individual and such individual's
spouse (if filing jointly), for any travel,
transportation, or relocation''; and
(B) in the second sentence, by striking
``employee'' and inserting ``individual, or the
individual''; and
(3) by striking subsection (b) and inserting the following:
``(b) For purposes of this section, the term `travel,
transportation, or relocation expenses' means all travel,
transportation, or relocation expenses reimbursed or furnished in kind
pursuant to this subchapter.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 57 of title 5, United States Code, is amended by striking the
item relating to section 5724b and inserting the following:
``5724b. Taxes on reimbursements for travel, transportation, and
relocation expenses''.
(c) Effective Date.--The amendments made by this section shall--
(1) take effect on the date of the enactment of this Act;
and
(2) apply to travel, transportation, or relocation expenses
incurred on or after that date.
SEC. 1120. CLARIFICATION OF LIMITATION ON EXPEDITED HIRING AUTHORITY
FOR POST-SECONDARY STUDENTS.
Section 3116(d)(1) of title 5, United States Code, is amended to
read as follows:
``(1) In general.--Except as provided in paragraph (2), the
total number of students that the head of an agency may appoint
under this section during a fiscal year may not exceed the
number equal to 15 percent of the number of students that the
agency head appointed during the previous fiscal year to a
position at the GS-11 level, or an equivalent level, or
below.''.
Subtitle B--Paid Family Leave for Federal Personnel
SEC. 1121. SHORT TITLE.
This subtitle may be cited as the ``Federal Employee Paid Leave
Act''.
SEC. 1122. PAID FAMILY LEAVE FOR FEDERAL EMPLOYEES COVERED BY TITLE 5.
(a) In General.--Subsection (c) of section 6382 of title 5, United
States Code, is amended to read as follows:
``(c)(1) Leave granted under subsection (a) shall be paid leave.
``(2)(A) An employee may elect to substitute for any leave under
such subsection any other paid leave which is available to such
employee for that purpose.
``(B) Subparagraph (A) shall not be construed to require that an
employee first use all or any portion of the other paid leave described
in such subparagraph before being allowed to use leave under subsection
(a).
``(3) Leave under subsection (a)--
``(A) shall be payable from any appropriation or fund
available for salaries or expenses for positions within the
employing agency;
``(B) shall not be considered to be annual or vacation
leave for purposes of section 5551 or 5552 or for any other
purpose; and
``(C) if not used by the employee before the end of the 12-
month period (as referred to in subsection (a)(1)) to which it
relates, shall not accumulate for any subsequent use.
``(4) The Director of the Office of Personnel Management--
``(A) may promulgate regulations to increase the amount of
leave available to an employee under subsection (a) to a total
of not more than 16 administrative workweeks, based on the
consideration of--
``(i) the benefits provided to the Federal
Government of increasing such leave, including enhanced
recruitment and retention of employees;
``(ii) the cost to the Federal Government of
increasing the amount of such leave that is available
to employees;
``(iii) trends in the private sector and in State
and local governments with respect to offering such
leave;
``(iv) the Federal Government's role as a model
employer;
``(v) the impact of increased leave under
subsection (a) on lower-income and economically
disadvantaged employees and their children; and
``(vi) such other factors as the Director considers
necessary; and
``(B) shall prescribe any regulations necessary to carry
out this subsection, including the manner in which an employee
may designate any day or other period as to which such employee
wishes to use leave under subsection (a).''.
(b) Effective Date.--The amendment made by this section shall not
be effective with respect to any birth or placement occurring before
October 1, 2020.
SEC. 1123. PAID FAMILY LEAVE FOR CONGRESSIONAL EMPLOYEES.
(a) Amendments to Congressional Accountability Act.--Section 202 of
the Congressional Accountability Act of 1995 (2 U.S.C. 1312) is
amended--
(1) in subsection (a)(1), by adding at the end the
following: ``In applying section 102(a)(1) of such Act to
covered employees, subsection (d) shall apply.'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (c) the following:
``(d) Special Rule for Paid Family Leave for Congressional
Employees.--
``(1) In general.--Any leave taken by a covered employee
under section 102(a)(1) of the Family and Medical Leave Act of
1993 (29 U.S.C. 2612(a)(1)) shall be paid leave.
``(2) Amount of paid leave.--The paid leave that is
available to a covered employee for purposes of paragraph (1)
is--
``(A) the number of weeks of paid family leave in
connection with the birth or placement involved that
correspond to the number of administrative workweeks of
paid family leave available to Federal employees under
section 6382(d)(3)(A) of title 5, United States Code;
and
``(B) any additional paid vacation or sick leave
provided by the employing office to such employee.
``(3) Substitution.--An employee may elect to substitute
for any leave under such section 102(a)(1) any other paid leave
which is available to such employee for that purpose. The
previous sentence shall not be construed to require that an
employee first use all or any portion of the other paid leave
before being allowed to use the paid family leave described in
this subsection.
``(4) Additional rules.--Paid family leave under this
subsection--
``(A) shall be payable from any appropriation or
fund available for salaries or expenses for positions
within the employing office; and
``(B) if not used by the covered employee before
the end of the 12-month period (as referred to in
section 102(a)(1) of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2612(a)(1))) to which it relates,
shall not accumulate for any subsequent use.''.
(b) Effective Date.--The amendment made by this section shall not
be effective with respect to any birth or placement occurring before
October 1, 2020.
SEC. 1124. CONFORMING AMENDMENT TO FAMILY AND MEDICAL LEAVE ACT FOR GAO
EMPLOYEES.
(a) Amendment to Family and Medical Leave Act of 1993.--Section
102(d) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(d))
is amended by adding at the end the following:
``(3) Special rule for gao employees.--
``(A) In general.--Any leave under subsection
(a)(1) taken by an employee of the Government
Accountability Office shall be paid leave.
``(B) Amount of paid leave.--The paid leave that is
available to such an employee for purposes of
subparagraph (A) is--
``(i) the number of weeks of paid family
leave in connection with the birth or placement
involved that correspond to the number of
administrative workweeks of paid family leave
available to Federal employees under section
6382(d)(3)(A) of title 5, United States Code;
and
``(ii) any additional paid vacation or sick
leave provided by such employer.
``(C) Substitution.--An employee may elect to
substitute for any leave under subsection (a)(1) any
other paid leave which is available to such employee
for that purpose. The previous sentence shall not be
construed to require that an employee first use all or
any portion of the other paid leave before being
allowed to use the paid family leave described in this
subsection.
``(D) Additional rules.--Paid family leave under
subsection (a)(1)--
``(i) shall be payable from any
appropriation or fund available for salaries or
expenses for positions with the Government
Accountability Office; and
``(ii) if not used by the employee of such
employer before the end of the 12-month period
(as referred to in subsection (a)(1)) to which
it relates, shall not accumulate for any
subsequent use.''.
(b) Effective Date.--The amendment made by this section shall not
be effective with respect to any birth or placement occurring before
October 1, 2020.
SEC. 1125. CLARIFICATION FOR MEMBERS OF THE NATIONAL GUARD AND
RESERVES.
(a) Executive Branch Employees.--For purposes of determining the
eligibility of an employee who is a member of the National Guard or
Reserves to take leave under section 6382(a) of title 5, United States
Code, or to substitute such leave pursuant to paragraph (2) of such
section (as added by section 1122), any service by such employee on
active duty (as defined in section 6381(7) of such title) shall be
counted as service as an employee for purposes of section 6381(1)(B) of
such title.
(b) Congressional Employees.--For purposes of determining the
eligibility of a covered employee (as such term is defined in section
101(3) of the Congressional Accountability Act) who is a member of the
National Guard or Reserves to take leave under section 102(a)(1) of the
Family and Medical Leave Act of 1993 (pursuant to section 202(a)(1) of
the Congressional Accountability Act), or to substitute such leave
pursuant to subsection (d) of section 202 of such Act (as added by
section 1123), any service by such employee on active duty (as defined
in section 101(14) of the Family and Medical Leave Act of 1993) shall
be counted as time during which such employee has been employed in an
employing office for purposes of section 202(a)(2)(B) of the
Congressional Accountability Act.
(c) GAO Employees.--For purposes of determining the eligibility of
an employee of the Government Accountability Office who is a member of
the National Guard or Reserves to take leave under section 102(a)(1) of
the Family and Medical Leave Act of 1993, or to substitute such leave
pursuant to paragraph (3) of section 102(d) of such Act (as added by
section 1124), any service by such employee on active duty (as defined
in section 101(14) of such Act) shall be counted as time during which
such employee has been employed for purposes of section 101(2)(A) of
such Act.
SEC. 1126. CONFORMING AMENDMENT FOR CERTAIN TSA EMPLOYEES.
Section 111(d)(2) of the Aviation and Transportation Security Act
(49 U.S.C. 44935 note) is amended to read as follows:
``(2) Exceptions.--
``(A) Reemployment.--In carrying out the functions
authorized under paragraph (1), the Under Secretary
shall be subject to the provisions set forth in chapter
43 of title 38, United States Code.
``(B) Leave.--The provisions of section 6382(a)(1)
of title 5, United States Code, and subsection (c) of
such section shall apply to any individual appointed
under paragraph (1).''.
Subtitle C--Limiting Use of Criminal History in Federal Hiring and
Contracting
SEC. 1131. SHORT TITLE.
This subtitle may be cited as the ``Fair Chance to Compete for Jobs
Act of 2019'' or the ``Fair Chance Act''.
SEC. 1132. PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO
CONDITIONAL OFFER FOR FEDERAL EMPLOYMENT.
(a) In General.--Subpart H of part III of title 5, United States
Code, is amended by adding at the end the following:
``CHAPTER 92--PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO
CONDITIONAL OFFER
``Sec.
``9201. Definitions.
``9202. Limitations on requests for criminal history record
information.
``9203. Agency policies; complaint procedures.
``9204. Adverse action.
``9205. Procedures.
``9206. Rules of construction.
``Sec. 9201. Definitions
``In this chapter--
``(1) the term `agency' means `Executive agency' as such
term is defined in section 105 and includes--
``(A) the United States Postal Service and the
Postal Regulatory Commission; and
``(B) the Executive Office of the President;
``(2) the term `appointing authority' means an employee in
the executive branch of the Government of the United States
that has authority to make appointments to positions in the
civil service;
``(3) the term `conditional offer' means an offer of
employment in a position in the civil service that is
conditioned upon the results of a criminal history inquiry;
``(4) the term `criminal history record information'--
``(A) except as provided in subparagraphs (B) and
(C), has the meaning given the term in section 9101(a);
``(B) includes any information described in the
first sentence of section 9101(a)(2) that has been
sealed or expunged pursuant to law; and
``(C) includes information collected by a criminal
justice agency, relating to an act or alleged act of
juvenile delinquency, that is analogous to criminal
history record information (including such information
that has been sealed or expunged pursuant to law); and
``(5) the term `suspension' has the meaning given the term
in section 7501.
``Sec. 9202. Limitations on requests for criminal history record
information
``(a) Inquiries Prior to Conditional Offer.--Except as provided in
subsections (b) and (c), an employee of an agency may not request, in
oral or written form (including through the Declaration for Federal
Employment (Office of Personnel Management Optional Form 306) or any
similar successor form, the USAJOBS internet website, or any other
electronic means) that an applicant for an appointment to a position in
the civil service disclose criminal history record information
regarding the applicant before the appointing authority extends a
conditional offer to the applicant.
``(b) Otherwise Required by Law.--The prohibition under subsection
(a) shall not apply with respect to an applicant for a position in the
civil service if consideration of criminal history record information
prior to a conditional offer with respect to the position is otherwise
required by law.
``(c) Exception for Certain Positions.--
``(1) In general.--The prohibition under subsection (a)
shall not apply with respect to an applicant for an appointment
to a position--
``(A) that requires a determination of eligibility
described in clause (i), (ii), or (iii) of section
9101(b)(1)(A);
``(B) as a Federal law enforcement officer (as
defined in section 115(c) of title 18); or
``(C) identified by the Director of the Office of
Personnel Management in the regulations issued under
paragraph (2).
``(2) Regulations.--
``(A) Issuance.--The Director of the Office of
Personnel Management shall issue regulations
identifying additional positions with respect to which
the prohibition under subsection (a) shall not apply,
giving due consideration to positions that involve
interaction with minors, access to sensitive
information, or managing financial transactions.
``(B) Compliance with civil rights laws.--The
regulations issued under subparagraph (A) shall--
``(i) be consistent with, and in no way
supersede, restrict, or limit the application
of title VII of the Civil Rights Act of 1964
(42 U.S.C. 2000e et seq.) or other relevant
Federal civil rights laws; and
``(ii) ensure that all hiring activities
conducted pursuant to the regulations are
conducted in a manner consistent with relevant
Federal civil rights laws.
``Sec. 9203. Agency policies; complaint procedures
``The Director of the Office of Personnel Management shall--
``(1) develop, implement, and publish a policy to assist
employees of agencies in complying with section 9202 and the
regulations issued pursuant to such section; and
``(2) establish and publish procedures under which an
applicant for an appointment to a position in the civil service
may submit a complaint, or any other information, relating to
compliance by an employee of an agency with section 9202.
``Sec. 9204. Adverse action
``(a) First Violation.--If the Director of the Office of Personnel
Management determines, after notice and an opportunity for a hearing on
the record, that an employee of an agency has violated section 9202,
the Director shall--
``(1) issue to the employee a written warning that includes
a description of the violation and the additional penalties
that may apply for subsequent violations; and
``(2) file such warning in the employee's official
personnel record file.
``(b) Subsequent Violations.--If the Director of the Office of
Personnel Management determines, after notice and an opportunity for a
hearing on the record, that an employee that was subject to subsection
(a) has committed a subsequent violation of section 9202, the Director
may take the following action:
``(1) For a second violation, suspension of the employee
for a period of not more than 7 days.
``(2) For a third violation, suspension of the employee for
a period of more than 7 days.
``(3) For a fourth violation--
``(A) suspension of the employee for a period of
more than 7 days; and
``(B) a civil penalty against the employee in an
amount that is not more than $250.
``(4) For a fifth violation--
``(A) suspension of the employee for a period of
more than 7 days; and
``(B) a civil penalty against the employee in an
amount that is not more than $500.
``(5) For any subsequent violation--
``(A) suspension of the employee for a period of
more than 7 days; and
``(B) a civil penalty against the employee in an
amount that is not more than $1,000.
``Sec. 9205. Procedures
``(a) Appeals.--The Director of the Office of Personnel Management
shall by rule establish procedures providing for an appeal from any
adverse action taken under section 9204 by not later than 30 days after
the date of the action.
``(b) Applicability of Other Laws.--An adverse action taken under
section 9204 (including a determination in an appeal from such an
action under subsection (a) of this section) shall not be subject to--
``(1) the procedures under chapter 75; or
``(2) except as provided in subsection (a) of this section,
appeal or judicial review.
``Sec. 9206. Rules of construction
``Nothing in this chapter may be construed to--
``(1) authorize any officer or employee of an agency to
request the disclosure of information described under
subparagraphs (B) and (C) of section 9201(4); or
``(2) create a private right of action for any person.''.
(b) Regulations; Effective Date.--
(1) Regulations.--Not later than 1 year after the date of
enactment of this subtitle, the Director of the Office of
Personnel Management shall issue such regulations as are
necessary to carry out chapter 92 of title 5, United States
Code (as added by this subtitle).
(2) Effective date.--Section 9202 of title 5, United States
Code (as added by this subtitle), shall take effect on the date
that is 2 years after the date of enactment of this subtitle.
(c) Technical and Conforming Amendment.--The table of chapters for
part III of title 5, United States Code, is amended by inserting after
the item relating to chapter 91 the following:
``92. Prohibition on criminal history inquiries prior to 9201''.
conditional offer.
(d) Application to Legislative Branch.--
(1) In general.--The Congressional Accountability Act of
1995 (2 U.S.C. 1301 et seq.) is amended--
(A) in section 102(a) (2 U.S.C. 1302(a)), by adding
at the end the following:
``(12) Section 9202 of title 5, United States Code.'';
(B) by redesignating section 207 (2 U.S.C. 1317) as
section 208; and
(C) by inserting after section 206 (2 U.S.C. 1316)
the following new section:
``SEC. 207. RIGHTS AND PROTECTIONS RELATING TO CRIMINAL HISTORY
INQUIRIES.
``(a) Definitions.--In this section, the terms `agency', `criminal
history record information', and `suspension' have the meanings given
the terms in section 9201 of title 5, United States Code, except as
otherwise modified by this section.
``(b) Restrictions on Criminal History Inquiries.--
``(1) In general.--
``(A) In general.--Except as provided in
subparagraph (B), an employee of an employing office
may not request that an applicant for employment as a
covered employee disclose criminal history record
information if the request would be prohibited under
section 9202 of title 5, United States Code, if made by
an employee of an agency.
``(B) Conditional offer.--For purposes of applying
that section 9202 under subparagraph (A), a reference
in that section 9202 to a conditional offer shall be
considered to be an offer of employment as a covered
employee that is conditioned upon the results of a
criminal history inquiry.
``(2) Rules of construction.--The provisions of section
9206 of title 5, United States Code, shall apply to employing
offices, consistent with regulations issued under subsection
(d).
``(c) Remedy.--
``(1) In general.--The remedy for a violation of subsection
(b)(1) shall be such remedy as would be appropriate if awarded
under section 9204 of title 5, United States Code, if the
violation had been committed by an employee of an agency,
consistent with regulations issued under subsection (d), except
that the reference in that section to a suspension shall be
considered to be a suspension with the level of compensation
provided for a covered employee who is taking unpaid leave
under section 202.
``(2) Process for obtaining relief.--An applicant for
employment as a covered employee who alleges a violation of
subsection (b)(1) may rely on the provisions of title IV (other
than section 407 or 408, or a provision of this title that
permits a person to obtain a civil action or judicial review),
consistent with regulations issued under subsection (d).
``(d) Regulations To Implement Section.--
``(1) In general.--Not later than 18 months after the date
of enactment of the Fair Chance to Compete for Jobs Act of
2019, the Board shall, pursuant to section 304, issue
regulations to implement this section.
``(2) Parallel with agency regulations.--The regulations
issued under paragraph (1) shall be the same as substantive
regulations issued by the Director of the Office of Personnel
Management under section 2(b)(1) of the Fair Chance to Compete
for Jobs Act of 2019 to implement the statutory provisions
referred to in subsections (a) through (c) except to the extent
that the Board may determine, for good cause shown and stated
together with the regulation, that a modification of such
regulations would be more effective for the implementation of
the rights and protections under this section.
``(e) Effective Date.--Section 102(a)(12) and subsections (a)
through (c) shall take effect on the date on which section 9202 of
title 5, United States Code, applies with respect to agencies.''.
(2) Clerical amendments.--
(A) The table of contents in section 1(b) of the
Congressional Accountability Act of 1995 (Public Law
104-1; 109 Stat. 3) is amended--
(i) by redesignating the item relating to
section 207 as the item relating to section
208; and
(ii) by inserting after the item relating
to section 206 the following new item:
``Sec. 207. Rights and protections relating to criminal history
inquiries.''.
(B) Section 62(e)(2) of the Internal Revenue Code
of 1986 is amended by striking ``or 207'' and inserting
``207, or 208''.
(e) Application to Judicial Branch.--
(1) In general.--Section 604 of title 28, United States
Code, is amended by adding at the end the following:
``(i) Restrictions on Criminal History Inquiries.--
``(1) Definitions.--In this subsection--
``(A) the terms `agency' and `criminal history
record information' have the meanings given those terms
in section 9201 of title 5;
``(B) the term `covered employee' means an employee
of the judicial branch of the United States Government,
other than--
``(i) any judge or justice who is entitled
to hold office during good behavior;
``(ii) a United States magistrate judge; or
``(iii) a bankruptcy judge; and
``(C) the term `employing office' means any office
or entity of the judicial branch of the United States
Government that employs covered employees.
``(2) Restriction.--A covered employee may not request that
an applicant for employment as a covered employee disclose
criminal history record information if the request would be
prohibited under section 9202 of title 5 if made by an employee
of an agency.
``(3) Employing office policies; complaint procedure.--The
provisions of sections 9203 and 9206 of title 5 shall apply to
employing offices and to applicants for employment as covered
employees, consistent with regulations issued by the Director
to implement this subsection.
``(4) Adverse action.--
``(A) Adverse action.--The Director may take such
adverse action with respect to a covered employee who
violates paragraph (2) as would be appropriate under
section 9204 of title 5 if the violation had been
committed by an employee of an agency.
``(B) Appeals.--The Director shall by rule
establish procedures providing for an appeal from any
adverse action taken under subparagraph (A) by not
later than 30 days after the date of the action.
``(C) Applicability of other laws.--Except as
provided in subparagraph (B), an adverse action taken
under subparagraph (A) (including a determination in an
appeal from such an action under subparagraph (B))
shall not be subject to appeal or judicial review.
``(5) Regulations to be issued.--
``(A) In general.--Not later than 18 months after
the date of enactment of the Fair Chance to Compete for
Jobs Act of 2019, the Director shall issue regulations
to implement this subsection.
``(B) Parallel with agency regulations.--The
regulations issued under subparagraph (A) shall be the
same as substantive regulations promulgated by the
Director of the Office of Personnel Management under
section 2(b)(1) of the Fair Chance to Compete for Jobs
Act of 2019 except to the extent that the Director of
the Administrative Office of the United States Courts
may determine, for good cause shown and stated together
with the regulation, that a modification of such
regulations would be more effective for the
implementation of the rights and protections under this
subsection.
``(6) Effective date.--Paragraphs (1) through (4) shall
take effect on the date on which section 9202 of title 5
applies with respect to agencies.''.
SEC. 1133. PROHIBITION ON CRIMINAL HISTORY INQUIRIES BY CONTRACTORS
PRIOR TO CONDITIONAL OFFER.
(a) Civilian Agency Contracts.--
(1) In general.--Chapter 47 of title 41, United States
Code, is amended by adding at the end the following new
section:
``Sec. 4714. Prohibition on criminal history inquiries by contractors
prior to conditional offer
``(a) Limitation on Criminal History Inquiries.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), an executive agency--
``(A) may not require that an individual or sole
proprietor who submits a bid for a contract to disclose
criminal history record information regarding that
individual or sole proprietor before determining the
apparent awardee; and
``(B) shall require, as a condition of receiving a
Federal contract and receiving payments under such
contract that the contractor may not verbally, or
through written form, request the disclosure of
criminal history record information regarding an
applicant for a position related to work under such
contract before the contractor extends a conditional
offer to the applicant.
``(2) Otherwise required by law.--The prohibition under
paragraph (1) does not apply with respect to a contract if
consideration of criminal history record information prior to a
conditional offer with respect to the position is otherwise
required by law.
``(3) Exception for certain positions.--
``(A) In general.--The prohibition under paragraph
(1) does not apply with respect to--
``(i) a contract that requires an
individual hired under the contract to access
classified information or to have sensitive law
enforcement or national security duties; or
``(ii) a position that the Administrator of
General Services identifies under the
regulations issued under subparagraph (B).
``(B) Regulations.--
``(i) Issuance.--Not later than 16 months
after the date of enactment of the Fair Chance
to Compete for Jobs Act of 2019, the
Administrator of General Services, in
consultation with the Secretary of Defense,
shall issue regulations identifying additional
positions with respect to which the prohibition
under paragraph (1) shall not apply, giving due
consideration to positions that involve
interaction with minors, access to sensitive
information, or managing financial
transactions.
``(ii) Compliance with civil rights laws.--
The regulations issued under clause (i) shall--
``(I) be consistent with, and in no
way supersede, restrict, or limit the
application of title VII of the Civil
Rights Act of 1964 (42 U.S.C. 2000e et
seq.) or other relevant Federal civil
rights laws; and
``(II) ensure that all hiring
activities conducted pursuant to the
regulations are conducted in a manner
consistent with relevant Federal civil
rights laws.
``(b) Complaint Procedures.--The Administrator of General Services
shall establish and publish procedures under which an applicant for a
position with a Federal contractor may submit to the Administrator a
complaint, or any other information, relating to compliance by the
contractor with subsection (a)(1)(B).
``(c) Action for Violations of Prohibition on Criminal History
Inquiries.--
``(1) First violation.--If the head of an executive agency
determines that a contractor has violated subsection (a)(1)(B),
such head shall--
``(A) notify the contractor;
``(B) provide 30 days after such notification for
the contractor to appeal the determination; and
``(C) issue a written warning to the contractor
that includes a description of the violation and the
additional remedies that may apply for subsequent
violations.
``(2) Subsequent violation.--If the head of an executive
agency determines that a contractor that was subject to
paragraph (1) has committed a subsequent violation of
subsection (a)(1)(B), such head shall notify the contractor,
shall provide 30 days after such notification for the
contractor to appeal the determination, and, in consultation
with the relevant Federal agencies, may take actions, depending
on the severity of the infraction and the contractor's history
of violations, including--
``(A) providing written guidance to the contractor
that the contractor's eligibility for contracts
requires compliance with this section;
``(B) requiring that the contractor respond within
30 days affirming that the contractor is taking steps
to comply with this section; and
``(C) suspending payment under the contract for
which the applicant was being considered until the
contractor demonstrates compliance with this section.
``(d) Definitions.--In this section:
``(1) Conditional offer.--The term `conditional offer'
means an offer of employment for a position related to work
under a contract that is conditioned upon the results of a
criminal history inquiry.
``(2) Criminal history record information.--The term
`criminal history record information' has the meaning given
that term in section 9201 of title 5.''.
(2) Clerical amendment.--The table of sections for chapter
47 of title 41, United States Code, is amended by adding at the
end the following new item:
``4714. Prohibition on criminal history inquiries by contractors prior
to conditional offer.''.
(3) Effective date.--Section 4714 of title 41, United
States Code, as added by paragraph (1), shall apply with
respect to contracts awarded pursuant to solicitations issued
after the effective date described in section 1122(b)(2) of
this subtitle.
(b) Defense Contracts.--
(1) In general.--Chapter 137 of title 10, United States
Code, is amended by inserting after section 2338 the following
new section:
``Sec. 2339. Prohibition on criminal history inquiries by contractors
prior to conditional offer
``(a) Limitation on Criminal History Inquiries.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), the head of an agency--
``(A) may not require that an individual or sole
proprietor who submits a bid for a contract to disclose
criminal history record information regarding that
individual or sole proprietor before determining the
apparent awardee; and
``(B) shall require as a condition of receiving a
Federal contract and receiving payments under such
contract that the contractor may not verbally or
through written form request the disclosure of criminal
history record information regarding an applicant for a
position related to work under such contract before
such contractor extends a conditional offer to the
applicant.
``(2) Otherwise required by law.--The prohibition under
paragraph (1) does not apply with respect to a contract if
consideration of criminal history record information prior to a
conditional offer with respect to the position is otherwise
required by law.
``(3) Exception for certain positions.--
``(A) In general.--The prohibition under paragraph
(1) does not apply with respect to--
``(i) a contract that requires an
individual hired under the contract to access
classified information or to have sensitive law
enforcement or national security duties; or
``(ii) a position that the Secretary of
Defense identifies under the regulations issued
under subparagraph (B).
``(B) Regulations.--
``(i) Issuance.--Not later than 16 months
after the date of enactment of the Fair Chance
to Compete for Jobs Act of 2019, the Secretary
of Defense, in consultation with the
Administrator of General Services, shall issue
regulations identifying additional positions
with respect to which the prohibition under
paragraph (1) shall not apply, giving due
consideration to positions that involve
interaction with minors, access to sensitive
information, or managing financial
transactions.
``(ii) Compliance with civil rights laws.--
The regulations issued under clause (i) shall--
``(I) be consistent with, and in no
way supersede, restrict, or limit the
application of title VII of the Civil
Rights Act of 1964 (42 U.S.C. 2000e et
seq.) or other relevant Federal civil
rights laws; and
``(II) ensure that all hiring
activities conducted pursuant to the
regulations are conducted in a manner
consistent with relevant Federal civil
rights laws.
``(b) Complaint Procedures.--The Secretary of Defense shall
establish and publish procedures under which an applicant for a
position with a Department of Defense contractor may submit a
complaint, or any other information, relating to compliance by the
contractor with subsection (a)(1)(B).
``(c) Action for Violations of Prohibition on Criminal History
Inquiries.--
``(1) First violation.--If the Secretary of Defense
determines that a contractor has violated subsection (a)(1)(B),
the Secretary shall--
``(A) notify the contractor;
``(B) provide 30 days after such notification for
the contractor to appeal the determination; and
``(C) issue a written warning to the contractor
that includes a description of the violation and the
additional remedies that may apply for subsequent
violations.
``(2) Subsequent violations.--If the Secretary of Defense
determines that a contractor that was subject to paragraph (1)
has committed a subsequent violation of subsection (a)(1)(B),
the Secretary shall notify the contractor, shall provide 30
days after such notification for the contractor to appeal the
determination, and, in consultation with the relevant Federal
agencies, may take actions, depending on the severity of the
infraction and the contractor's history of violations,
including--
``(A) providing written guidance to the contractor
that the contractor's eligibility for contracts
requires compliance with this section;
``(B) requiring that the contractor respond within
30 days affirming that the contractor is taking steps
to comply with this section; and
``(C) suspending payment under the contract for
which the applicant was being considered until the
contractor demonstrates compliance with this section.
``(d) Definitions.--In this section:
``(1) Conditional offer.--The term `conditional offer'
means an offer of employment for a position related to work
under a contract that is conditioned upon the results of a
criminal history inquiry.
``(2) Criminal history record information.--The term
`criminal history record information' has the meaning given
that term in section 9201 of title 5.''.
(2) Effective date.--Section 2339(a) of title 10, United
States Code, as added by paragraph (1), shall apply with
respect to contracts awarded pursuant to solicitations issued
after the effective date described in section 1122(b)(2) of
this subtitle.
(3) Clerical amendment.--The table of sections for chapter
137 of title 10, United States Code, is amended by inserting
after the item relating to section 2338 the following new item:
``2339. Prohibition on criminal history inquiries by contractors prior
to conditional offer.''.
(c) Revisions to Federal Acquisition Regulation.--
(1) In general.--Not later than 18 months after the date of
enactment of this subtitle, the Federal Acquisition Regulatory
Council shall revise the Federal Acquisition Regulation to
implement section 4714 of title 41, United States Code, and
section 2339 of title 10, United States Code, as added by this
section.
(2) Consistency with office of personnel management
regulations.--The Federal Acquisition Regulatory Council shall
revise the Federal Acquisition Regulation under paragraph (1)
to be consistent with the regulations issued by the Director of
the Office of Personnel Management under [section 1122(b)(1)]
to the maximum extent practicable. The Council shall include
together with such revision an explanation of any substantive
modification of the Office of Personnel Management regulations,
including an explanation of how such modification will more
effectively implement the rights and protections under this
section.
SEC. 1134. REPORT ON EMPLOYMENT OF INDIVIDUALS FORMERLY INCARCERATED IN
FEDERAL PRISONS.
(a) Definition.--In this section, the term ``covered individual''--
(1) means an individual who has completed a term of
imprisonment in a Federal prison for a Federal criminal
offense; and
(2) does not include an alien who is or will be removed
from the United States for a violation of the immigration laws
(as such term is defined in section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101)).
(b) Study and Report Required.--The Director of the Bureau of
Justice Statistics, in coordination with the Director of the Bureau of
the Census, shall--
(1) not later than 180 days after the date of enactment of
this subtitle, design and initiate a study on the employment of
covered individuals after their release from Federal prison,
including by collecting--
(A) demographic data on covered individuals,
including race, age, and sex; and
(B) data on employment and earnings of covered
individuals who are denied employment, including the
reasons for the denials; and
(2) not later than 2 years after the date of enactment of
this subtitle, and every 5 years thereafter, submit a report
that does not include any personally identifiable information
on the study conducted under paragraph (1) to--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(C) the Committee on Oversight and Reform of the
House of Representatives; and
(D) the Committee on Education and Labor of the
House of Representatives.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
SEC. 1201. MODIFICATION OF AUTHORITY TO BUILD CAPACITY OF FOREIGN
SECURITY FORCES.
(a) Authority.--Subsection (a)(7) of section 333 of title 10,
United States Code, is amended by inserting ``existing'' before
``international coalition operation''.
(b) Notice and Wait on Activities Under Programs.--Subsection (e)
of such section is amended by adding at the end the following:
``(9) In the case of a program described in subsection
(a)(7), each of the following:
``(A) A description of whether assistance under the
program could be provided pursuant to other authorities
under this title, the Foreign Assistance Act of 1961,
or any other train and equip authorities of the
Department of Defense.
``(B) An identification of each such authority
described in subparagraph (A).''.
SEC. 1202. MODIFICATION AND EXTENSION OF CROSS SERVICING AGREEMENTS FOR
LOAN OF PERSONNEL PROTECTION AND PERSONNEL SURVIVABILITY
EQUIPMENT IN COALITION OPERATIONS.
Section 1207 of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (10 U.S.C. 2342
note) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(2) by inserting after subsection (c) the following:
``(d) Reports to Congress.--If the authority provided under this
section is exercised during a fiscal year, the Secretary of Defense
shall, with the concurrence of the Secretary of State, submit to the
appropriate committees of Congress a report on the exercise of such
authority by not later than October 30 of the year in which such fiscal
year ends. Each report on the exercise of such authority shall specify
the recipient country of the equipment loaned, the type of equipment
loaned, and the duration of the loan of such equipment.''; and
(3) in subsection (f), as redesignated, by striking
``September 30, 2019'' and inserting ``December 31, 2024''.
SEC. 1203. MODIFICATION OF QUARTERLY REPORT ON OBLIGATION AND
EXPENDITURE OF FUNDS FOR SECURITY COOPERATION PROGRAMS
AND ACTIVITIES.
Section 381(b) of title 10, United States Code, is amended by
striking ``30 days'' and inserting ``60 days''.
SEC. 1204. INTEGRATION OF GENDER PERSPECTIVES AND MEANINGFUL
PARTICIPATION BY WOMEN IN SECURITY COOPERATION
AUTHORITIES.
Section 333(c)(3) of title 10, United States Code, is amended--
(1) in the heading, by inserting ``the integration of
gender perspectives and meaningful participation by women,''
after ``fundamental freedoms,''; and
(2) in the text, by inserting ``the integration of gender
perspectives and meaningful participation by women,'' after
``fundamental freedoms,''.
SEC. 1205. REPORT ON PARTICIPANTS IN SECURITY COOPERATION TRAINING
PROGRAMS AND RECIPIENTS OF SECURITY ASSISTANCE TRAINING
THAT HAVE BEEN DESIGNATED FOR HUMAN RIGHTS ABUSES OR
TERRORIST ACTIVITIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State and the Secretary of
Defense, in consultation with the heads of other appropriate Federal
departments and agencies, shall submit to the appropriate congressional
committees a report on individuals and units of security forces of
foreign countries that--
(1) have participated in security cooperation training
programs or received security assistance training authorized
under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.) or title 10, United States Code; and
(2) at any time during the period beginning on January 1,
2009, and ending on the date of the enactment of this Act--
(A) have been subject to United States sanctions
relating to violations of human rights under any
provision of law, including under--
(i) the Global Magnitsky Human Rights
Accountability Act (22 U.S.C. 2656 note);
(ii) section 620M of the Foreign Assistance
Act of 1961 (22 U.S.C. 2378d); or
(iii) section 362 of title 10, United
States Code; or
(B) have been subject to United States sanctions
relating to terrorist activities under authorities
provided in--
(i) section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189);
(ii) the National Emergencies Act (50
U.S.C. 1601 et seq.);
(iii) the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.), other than
sanctions on the importation of goods provided
for under such Act; or
(iv) any other provision of law.
(b) Update.--The Secretary of State and the Secretary of Defense,
in consultation with the heads of other appropriate Federal departments
and agencies, shall submit to the appropriate congressional committees
an annual update of the report required by subsection (a) on
individuals and units of security forces of foreign countries that--
(1) have participated in security cooperation training
programs or received security assistance training authorized
under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.) or title 10, United States Code; and
(2) at any time during the preceding year, any of the
provisions of subparagraph (A) or (B) of subsection (a)(2) have
applied with respect to such individuals or units.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
(2) Good.--The term ``good'' means any article, natural or
man-made substance, material, supply or manufactured product,
including inspection and test equipment, and excluding
technical data.
SEC. 1206. PLAN TO PROVIDE CONSISTENCY OF ADMINISTRATION OF AUTHORITIES
RELATING TO VETTING OF UNITS OF SECURITY FORCES OF
FOREIGN COUNTRIES; MODIFICATION OF ASSESSMENT,
MONITORING, AND EVALUATION OF SECURITY COOPERATION
PROGRAMS AND ACTIVITIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and Secretary of State
shall jointly develop, implement, and submit to the congressional
defense committees, the Committee on Foreign Relations of the Senate,
and the Committee on Foreign Affairs of the House of Representatives a
plan to provide consistency in administration of section 362 of title
10, United States Code, and section 620M of the Foreign Assistance Act
of 1961 (22 U.S.C. 2378d).
(b) Matters to Be Included.--The plan required by subsection (a)
shall contain the following:
(1) Common standards and procedures which shall be used by
the Department of Defense and Department of State to obtain and
verify information regarding the vetting of units of the
security forces of foreign countries for gross violation of
human rights under the authorities described in subsection (a),
including--
(A) public guidelines for external sources to
report information; and
(B) methods and criteria employed by the Department
of Defense and Department of State to determine whether
sources, source reporting, and allegations are
credible.
(2) Measures to ensure the Department of Defense has read-
only access to the International Vetting and Security Tracking
(INVEST) system, and any successor or equivalent system.
(3) Measures to ensure the authorities described in
subsection (a) are applied to any foreign forces, irregular
forces, groups, and individuals that receive support from the
United States military.
(c) Form.--The plan required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(d) Integration of Human Rights and Civilian Protection Into
Assessment, Monitoring, and Evaluation of Security Cooperation Programs
and Activities.--
(1) Reports required.--The Secretary of Defense shall
submit to the appropriate congressional committees an interim
report and a final report on the steps the Secretary will take
to incorporate partner units' activities, as such activities
relate to human rights and protection of civilians, into the
program elements described in section 383(b)(1) of title 10,
United States Code.
(2) Deadlines.--
(A) Interim report.--The interim report required
under paragraph (1) shall be submitted to the
appropriate congressional committees not later than 180
days after the date of the enactment of this Act and
shall include a summary of the progress of the
Secretary in implementing the steps described in such
paragraph.
(B) Final report.--The final report required under
paragraph (1) shall be submitted to the appropriate
congressional committees not later than one year after
the date of enactment of this Act and shall
specifically identify the actions the Secretary took to
implement the steps described in paragraph (1).
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means the following:
(A) The Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
(B) The Committee on Armed Services and the
Committee on Foreign Relations of the Senate.
SEC. 1207. PROHIBITION ON USE OF FUNDS TO TRANSFER DEFENSE ARTICLES AND
SERVICES TO AZERBAIJAN.
None of the funds authorized to be appropriated by this Act or
otherwise made available to the Department of Defense for fiscal year
2020 may be used to transfer defense articles or services to Azerbaijan
unless the President certifies to Congress that the transfer of such
defense articles or services does not threaten civil aviation.
SEC. 1208. EXTENSION OF AUTHORITY FOR SUPPORT OF SPECIAL OPERATIONS FOR
IRREGULAR WARFARE.
Section 1202(a) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1639) is amended by
striking ``2020'' and inserting ``2023''.
SEC. 1209. MULTINATIONAL REGIONAL SECURITY EDUCATION CENTER.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to the
Committee on Armed Services and the Committee on Foreign Affairs of the
House of Representatives and the Committee on Armed Services and the
Committee on Foreign Relations of the Senate a briefing on the utility
and feasibility of establishing a multinational regional security
education center, including as a satellite entity of the Daniel K.
Inouye Asia-Pacific Center for Security Studies that is located in a
member country of the Association for Southeast Asian Nations, to offer
year-round training and educational courses to Southeast Asian and
Indo-Pacific civilian and military security personnel to enhance
engagement of territorial and maritime security, transnational and
asymmetric threats, and defense sector governance in the Indo-Pacific
region. Training may also include English-language training, human
rights training, rule of law and legal studies, security governance and
institution-building courses, and budget and procurement training.
(b) Elements of Briefing.--The briefing required under subsection
(a) shall include--
(1) the objectives for establishing a multinational
regional security center in the region;
(2) the utility and feasibility of establishing such a
center, including the benefits and challenges of doing so;
(3) the resources required;
(4) whether alternative centers and programs exist to
provide the training and objectives specified in this
provision; and
(5) the manner in which such a center would improve and
strengthen cooperation with partner countries of the
Association for Southeast Asian Nations.
SEC. 1210. TRAINING FOR PARTICIPANTS IN PROFESSIONAL MILITARY EDUCATION
PROGRAMS.
Any foreign person participating in professional military education
programs authorized pursuant to section 541 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2347) from funds authorized to be appropriated
or otherwise made available by this Act shall also be required to
participate in human rights training.
SEC. 1210A. REPORT ON PLAN TO TRANSFER FUNDS IN CONNECTION WITH THE
PROVISION OF SUPPORT UNDER SECTION 385 OF TITLE 10,
UNITED STATES CODE.
(a) In General.--The Secretary of Defense shall submit to the
appropriate congressional committees a report on its plan to transfer
funds in connection with the provision of support under section 385 of
title 10, United States Code, for fiscal year 2020.
(b) Matters to Be Included.--The report required by subsection (a)
shall include--
(1) a list of foreign assistance programs and activities
that should receive support under such authority on a priority
basis, including foreign assistance programs and activities of
the United States Agency for International Development and the
Department of State; and
(2) a justification for providing such support to such
programs and activities, including as to how such programs and
activities relate to the National Security Strategy and
National Military Strategy.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
Subtitle B--Matters Relating to Afghanistan and Pakistan
SEC. 1211. EXTENSION AND MODIFICATION OF AUTHORITY FOR REIMBURSEMENT OF
CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED
STATES MILITARY OPERATIONS.
(a) Extension.--Subsection (a) of section 1233 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110- 181;
122 Stat. 393) is amended in the matter preceding paragraph (1) by
striking ``October 1, 2018, and ending on December 31, 2019'' and
inserting ``October 1, 2019, and ending on December 31, 2020''.
(b) Modification to Limitation.--Subsection (d)(1) of such section
is amended--
(1) by striking ``October 1, 2018, and ending on December
31, 2019'' and inserting ``October 1, 2019, and ending on
December 31, 2020''; and
(2) by striking ``$350,000,000'' and inserting
``$450,000,000''.
SEC. 1212. MODIFICATION AND EXTENSION OF AFGHAN SPECIAL IMMIGRANT VISA
PROGRAM.
(a) Principal Aliens.--Subclause (I) of section 602(b)(2)(A)(ii) of
the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is
amended to read as follows:
``(I) by, or on behalf of, the
United States Government; or''.
(b) Extension of Afghan Special Immigrant Program.--Section
602(b)(3)(F) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101
note) is amended--
(1) in the heading, by striking ``2015, 2016, and 2017''
and inserting ``2015 through 2020'';
(2) in the matter preceding clause (i), by striking
``18,500'' and inserting ``18,870'';
(3) in clause (i), by striking ``December 31, 2020'' and
inserting ``December 31, 2021''; and
(4) in clause (ii), by striking ``December 31, 2020'' and
inserting ``December 31, 2021''.
SEC. 1213. EXTENSION OF AUTHORITY TO TRANSFER DEFENSE ARTICLES AND
PROVIDE DEFENSE SERVICES TO THE MILITARY AND SECURITY
FORCES OF AFGHANISTAN.
(a) Extension of Authority.--Subsection (h) of section 1222 of the
National Defense Authorization Act for Fiscal Year 2013 (Public Law
112-239; 126 Stat. 1992) is amended by striking ``December 31, 2020''
and inserting ``December 31, 2022''.
(b) Excess Defense Articles.--Subsection (i)(2) of such section is
amended by striking ``December 31, 2020'' each place it appears and
inserting ``December 31, 2022''.
SEC. 1214. EXTENSION AND MODIFICATION OF AUTHORITY TO ACQUIRE PRODUCTS
AND SERVICES PRODUCED IN COUNTRIES ALONG A MAJOR ROUTE OF
SUPPLY TO AFGHANISTAN.
(a) Termination of Authority.--Subsection (f) of section 801 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2399) is amended by striking ``December 31, 2019''
and inserting ``December 31, 2021''.
(b) Report on Authority.--Such section, as so amended, is further
amended by adding at the end the following:
``(g) Report on Authority.--
``(1) In general.--Not later than March 1, 2020, and March
1, 2021, the Secretary of Defense shall submit to the
appropriate congressional committees a report on the use of the
authority provided in subsection (a). The report shall address,
at a minimum, the following:
``(A) The number of determinations made by the
Secretary pursuant to subsection (b).
``(B) A description of the products and services
acquired using the authority.
``(C) The extent to which the use of the authority
has met the objectives of subparagraph (A), (B), or (C)
of subsection (b)(2).
``(D) A list of the countries providing products or
services as a result of a determination made pursuant
to subsection (b).
``(2) Appropriate congressional committees defined.--For
purposes of this subsection, the term `appropriate
congressional committees' means--
``(A) the congressional defense committees; and
``(B) the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign
Relations of the Senate.''.
SEC. 1215. AUTHORITY FOR CERTAIN PAYMENTS TO REDRESS INJURY AND LOSS IN
AFGHANISTAN, IRAQ, SYRIA, SOMALIA, LIBYA, AND YEMEN.
(a) Authority.--During the period beginning on the date of the
enactment of this Act and ending on December 31, 2020, not more than
$5,000,000, to be derived from funds authorized to be appropriated to
the Office of the Secretary of Defense under the Operation and
Maintenance, Defense-wide account, may be made available for ex gratia
payments for damage, personal injury, or death that is incident to
combat operations of the United States Armed Forces in Afghanistan,
Iraq, Syria, Somalia, Libya, and Yemen.
(b) Quarterly Report.--Not later than 90 days after the date of the
enactment of this Act, and every 90 days thereafter, the Secretary of
Defense shall submit to the congressional defense committees a report
including the following:
(1) With respect to each ex gratia payment made under the
authority in this subsection or any other authority during the
preceding 90-day period, each of the following:
(A) The amount used for such payments.
(B) The manner in which claims for such payments
were verified.
(C) The officers or officials authorized to approve
claims for payments.
(D) The manner in which payments are made.
(2) With respect to a preceding 90-day period in which no
ex gratia payments were made--
(A) whether any such payment was refused, along
with the reason for such refusal; or
(B) any other reason for which no such payments
were made.
(c) Authorities Applicable to Payment.--Any payment made pursuant
to this subsection shall be made in accordance with the authorities and
limitations in section 8121 of the Department of Defense Appropriations
Act, 2015 (division C of Public Law 113-235), other than subsection (h)
of such section.
SEC. 1216. EXTENSION OF SEMIANNUAL REPORT ON ENHANCING SECURITY AND
STABILITY IN AFGHANISTAN.
Section 1225 of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public Law
113-291; 128 Stat. 3558) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``December 15,
2020'' and inserting ``December 15, 2022''; and
(B) by amending paragraph (3) to read as follows:
``(3) Form.--Each report required under paragraph (1) shall
be submitted in unclassified form without any designation
relating to dissemination control, but may include a classified
annex.''; and
(2) in subsection (b)--
(A) by inserting ``, to include the progress of the
Government of Afghanistan on securing Afghan territory
and population,'' after ``the current security
conditions in Afghanistan'';
(B) by striking ``and the Haqqani Network'' and
inserting ``the Haqqani Network, and the Islamic State
of Iraq and Syria Khorasan''; and
(C) by adding at the end the following:
``(9) Monitoring and evaluation measures relating to
asff.--A description of the monitoring and evaluation measures
that the Department of Defense and the Government of
Afghanistan are taking to ensure that funds of the Afghanistan
Security Forces Fund provided to the Government of Afghanistan
as direct government-to-government assistance are not subject
to waste, fraud, or abuse.''.
SEC. 1217. SPECIAL IMMIGRANT VISA PROGRAM REPORTING REQUIREMENT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Department of State
shall submit a report, which may contain a classified annex, to--
(1) the Committee on the Judiciary, the Committee on
Foreign Relations, and the Committee on Armed Services of the
Senate; and
(2) the Committee on the Judiciary, the Committee on
Foreign Affairs, and the Committee on Armed Services of the
House of Representatives.
(b) Contents.--The report submitted under subsection (a) shall
evaluate the obstacles to effective protection of Afghan and Iraqi
allies through the special immigrant visa programs and suggestions for
improvements in future programs, including information relating to--
(1) the hiring of locally employed staff and contractors;
(2) documenting the identity and employment of locally
employed staff and contractors of the United States Government,
including the possibility of establishing a central database of
employees of the United States Government and its contractors;
(3) the protection and safety of employees of locally
employed staff and contractors;
(4) means of expediting processing at all stages of the
process for applicants, including consideration of reducing
required forms;
(5) appropriate staffing levels for expedited processing
domestically and abroad;
(6) the effect of uncertainty of visa availability on visa
processing;
(7) the cost and availability of medical examinations; and
(8) means to reduce delays in interagency processing and
security checks.
(c) Consultation.--In preparing the report under subsection (a),
the Inspector General shall consult with current and, to the extent
possible, former employees of--
(1) the Department of State, Bureau of Consular Affairs,
Visa Office;
(2) the Department of State, Bureau of Near Eastern Affairs
and South and Central Asian Affairs, Executive Office;
(3) the United States embassy in Kabul, Afghanistan,
Consular Section;
(4) the United States embassy in Baghdad, Iraq, Consular
Section;
(5) the Department of Homeland Security, U.S. Citizenship
and Immigration Services;
(6) the Department of Defense; and
(7) non-governmental organizations providing legal aid in
the special immigrant visa application process.
SEC. 1218. MEANINGFUL INCLUSION OF AFGHAN WOMEN IN PEACE NEGOTIATIONS.
As part of any activities of the Department of Defense relating to
the ongoing peace process in Afghanistan, the Secretary of Defense, in
coordination with the Secretary of State, shall seek to ensure the
meaningful participation of Afghan women in that process in a manner
consistent with the Women, Peace, and Security Act of 2017 (22 U.S.C.
2152j et seq.), including through advocacy for the inclusion of Afghan
women leaders in ongoing and future negotiations to end the conflict in
Afghanistan.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
SEC. 1221. MODIFICATION OF AUTHORITY TO PROVIDE ASSISTANCE TO COUNTER
THE ISLAMIC STATE OF IRAQ AND SYRIA.
(a) Limitation on Availability of Authority.--Of the amounts made
available for fiscal year 2020 pursuant to the authorization in section
1236 of the Carl Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128 Stat.
3558), as amended by this section, not more than 70 percent may be
obligated or expended until the date on which the Secretary of Defense
submits to the congressional defense committees, the Committee on
Foreign Affairs of the House of Representatives, and the Committee on
Foreign Relations of the Senate a report in unclassified form, that may
include a classified annex, that includes each of the following:
(1) Any updates to or changes in the plan, strategy,
process, vetting requirements and process as described in
subsection (e) of such section 1236, and end-use monitoring
mechanisms and procedures.
(2) A description of how attacks against United States or
coalition personnel are being mitigated, statistics on any such
attacks, including ``green-on-blue'' attacks.
(3) A description of the forces receiving assistance
authorized under subsection (a) of such section 1236.
(4) A description of the recruitment, throughput, and
retention rates of recipients and equipment.
(5) A description of any misuse or loss of provided
equipment and how such misuse or loss is being mitigated.
(6) An assessment of the operational effectiveness of the
forces receiving assistance authorized under subsection (a) of
such section 1236.
(7) A description of sustainment support provided to the
forces authorized under subsection (a) of such section 1236.
(8) A list of new projects for construction, repair, or
renovation commenced during the period covered by such progress
report, and a list of projects for construction, repair, or
renovation continuing from the period covered by the preceding
progress report.
(9) A statement of the amount of funds expended during the
period for which the report is submitted.
(10) An assessment of the effectiveness of the assistance
authorized under subsection (a) of such section 1236.
(11) A list of the forces or elements of forces that are
restricted from receiving assistance under subsection (a) of
such section 1236, other than the forces or elements of forces
with respect to which the Secretary of Defense has exercised
the waiver authority under subsection (j) of such section 1236,
as a result of vetting required by subsection (e) of such
section 1236 or by section 2249e of title 10, United States
Code, and a detailed description of the reasons for such
restriction, including for each force or element, as
applicable, the following:
(A) Information relating to gross violation of
human rights committed by such force or element,
including the time-frame of the alleged violation.
(B) The source of the information described in
subparagraph (A) and an assessment of the veracity of
the information.
(C) The association of such force or element with
terrorist groups or groups associated with the
Government of Iran.
(D) The amount and type of any assistance provided
to such force or element by the Government of Iran.
(12) An assessment of--
(A) security in liberated areas in Iraq;
(B) the extent to which security forces trained and
equipped, directly or indirectly, by the United States
are prepared to provide post-conflict stabilization and
security in such liberated areas; and
(C) the effectiveness of security forces in the
post-conflict environment and an identification of
which such forces will provide post-conflict
stabilization and security in such liberated areas.
(13) A summary of available information relating to the
disposition of militia groups throughout Iraq, with particular
focus on groups in areas liberated from ISIS or in sensitive
areas with historically mixed ethnic or minority communities.
(b) Funding.--Subsection (g) of section 1236 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 128 Stat. 3558) is amended--
(1) by striking ``fiscal year 2019'' and inserting ``fiscal
year 2020''; and
(2) by striking ``$850,000,000'' and inserting
``$663,000,000''.
(c) Modification of Elements in Quarterly Progress Reports.--
Subsection (d) of such section 1236 is amended--
(1) in paragraph (11), by striking ``section 2249e of title
10, United States Code'' and inserting ``section 362 of title
10, United States Code''; and
(2) by adding at the end the following new paragraph:
``(13) A summary of available information relating to the
disposition of militia groups throughout Iraq, with particular
focus on groups in areas liberated from ISIS or in sensitive
areas with historically mixed ethnic or minority
communities.''.
(d) Clarification With Respect to Scope of Authority.--
(1) In general.--Subsection (j)(2) of such section 1236 is
amended to read as follows:
``(2) Scope of assistance authority.--Notwithstanding
paragraph (1), the authority granted by subsection (a) may only
be exercised in consultation with the Government of Iraq.''.
(2) Technical correction.--The heading of subsection (j) of
such section 1236 is amended by inserting ``; Scope'' after
``Authority''.
(e) Technical Correction.--Subsection (c) of such section 1236 is
amended in the matter preceding paragraph (1) by striking ``subsection
(a)(1)'' and inserting ``subsection (b)(1)(A)''.
SEC. 1222. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ASSISTANCE TO THE VETTED SYRIAN OPPOSITION.
(a) In General.--Section 1209 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291; 128 Stat. 3559) is amended as follows:
(1) In subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``, appropriately vetted
local security forces in northeast Syria,
including units of the Syrian Democratic Forces
and their associated counter-terrorism units,''
after ``elements of the Syrian opposition'';
and
(ii) by striking ``December 31, 2019'' and
inserting ``December 31, 2020''.
(B) in paragraph (1), by inserting ``or previously
controlled by ISIL'' after ``Syrian opposition''.
(2) By amending subsection (b) to read as follows:
``(b) Notice Before Provision of Assistance.--Not later than 15
days prior to each instance of the provision of assistance under
subsection (a), the Secretary of Defense, in coordination with the
Secretary of State, shall submit to the appropriate congressional
committees and leadership of the House of Representatives and Senate a
notification that includes the following:
``(1) The plan for providing the assistance.
``(2) The requirements and process used to determine
appropriately vetted recipients with respect to the assistance.
``(3) The mechanisms and procedures that will be used to
monitor and report to the appropriate congressional committees
and leadership of the House of Representatives and Senate on
unauthorized end-use of provided training and equipment or
other violations of relevant law by appropriately vetted
recipients.
``(4) The amount, type, and purpose of assistance to be
funded and the recipient of the assistance.
``(5) The budget and implementation timeline, with
milestones and anticipated delivery schedule for the
assistance.
``(6) A description of any material use of assistance
previously provided under subsection (a) to any appropriately
vetted recipient of such assistance for a purpose other than
the purposes specified in subsection (a) that occurred since
the most recent notification submitted by the Secretary
pursuant to this subsection, with a specific description of the
following:
``(A) The details of such material misuse.
``(B) The recipient or recipients responsible for
such material misuse.
``(C) The consequences of such material misuse.
``(D) The actions taken by the Secretary to remedy
the causes and effects of such material misuse.
``(7) The goals and objectives of the assistance.
``(8) The concept of operations, timelines, and types of
training, equipment, stipends, sustainment, construction, and
supplies to be provided.
``(9) The roles and contributions of partner nations.
``(10) The number and role of United States Armed Forces
personnel involved.
``(11) Any additional military support and sustainment
activities.
``(12) Any other relevant details.''.
(3) By amending subsection (c) to read as follows:
``(c) Form.--The notifications required by subsection (b) shall be
submitted in unclassified form but may include a classified annex.''.
(4) By striking subsection (f) and inserting the following:
``(f) Restriction on Scope of Assistance in the Form of Weapons.--
``(1) In general.--The Secretary may only provide
assistance in the form of weapons pursuant to the authority
under subsection (a) if such weapons are small arms, including
handguns, rifles and carbines, sub-machine guns, or light
machine guns.
``(2) Waiver.--The Secretary may waive the restriction
under paragraph (1) if the Secretary certifies to the
appropriate congressional committees that such provision of law
would (but for the waiver) impede national security objectives
of the United States by prohibiting, restricting, delaying, or
otherwise limiting the provision of assistance. Such waiver
shall not take effect until 15 days after the date on which
such certification is submitted to the appropriate
congressional committees.''.
(5) In subsection (g)--
(A) by inserting ``, at the end of the 15-day
period beginning on the date the Secretary notifies the
congressional defense committees of the amount, source,
and intended purpose of such contributions'' after ``as
authorized by this section''; and
(B) by striking ``operation and maintenance
accounts'' and all that follows through the end of the
subsection and inserting ``accounts.''.
(6) In subsection (k), by inserting ``, at the end of the
15-day period beginning on the date the Secretary notifies the
congressional defense committees of the amount, recipient, and
intended purpose of such assistance'' after ``authorized under
this section''.
(7) In subsection (l)--
(A) by striking ``$10,000,000'' and inserting
``$20,000,000'';
(B) by adding at the end the following new
sentence: ``Amounts accepted as contributions pursuant
to the authority in subsection (g) for construction and
repair projects may be expended without regard to the
limitation under this subsection.'';
(C) by striking ``Repair Projects.--The aggregate''
and inserting ``Repair Projects.--
``(1) In general.--The aggregate''; and
(D) by adding at the end the following:
``(2) Waiver.--The Secretary may waive the limitation under
paragraph (1) if the Secretary certifies to the appropriate
congressional committees that such provision of law would (but
for the waiver) impede national security objectives of the
United States by prohibiting, restricting, delaying, or
otherwise limiting the provision of assistance. Such waiver
shall not take effect until 15 days after the date on which
such certification is submitted to the appropriate
congressional committees.''.
(8) By striking subsection (j).
(9) By redesignating subsections (k) through (m) (as
amended by this subsection) as subsections (j) through (l),
respectively.
(b) Effective Date and Availability of Authority.--
(1) In general.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this section.
(2) Availability of authority.--Notwithstanding paragraph
(1), the Secretary may not provide assistance pursuant to the
authority provided by section 1209 of the Carl Levin and Howard
P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3559), as
amended by subsection (a) of this section, during the period
beginning on January 1, 2020, and ending on the date on which
each quarterly report required to be submitted pursuant to
subsection (d) of such section 1209, as of the date of the
enactment of this section, has been submitted.
SEC. 1223. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT
OPERATIONS AND ACTIVITIES OF THE OFFICE OF SECURITY
COOPERATION IN IRAQ.
(a) Extension of Authority.--Subsection (f)(1) of section 1215 of
the National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C.
113 note) is amended by striking ``fiscal year 2019'' and inserting
``fiscal year 2020''.
(b) Amount Available.--Such section is further amended--
(1) in subsection (c), by striking ``fiscal year 2019'' and
inserting ``fiscal year 2020''; and
(2) in subsection (d), by striking ``fiscal year 2019'' and
inserting ``fiscal year 2020''.
(c) Limitation on Availability of Funds.--Of the amount available
for fiscal year 2020 for section 1215 of the National Defense
Authorization Act for Fiscal Year 2012, as amended by this section, not
more than an amount equal to 50 percent may be obligated or expended
for the Office of Security Cooperation in Iraq until the date on which
the Secretary of Defense certifies to the congressional defense
committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of the Senate,
that each of the following reforms relating to that Office has been
completed:
(1) The appointment of a Senior Defense Official/Defense
Attache to oversee the Office.
(2) The development of a Joint Service staffing plan to
reorganize the Office similar to that of other security
cooperation offices in the region, that places foreign area
officers in key leadership positions and closes duplicative or
extraneous sections.
(3) The planning and initiation of bilateral engagement
with the Government of Iraq for the purpose of establishing a
Joint Military Commission and the initiation and drafting of a
five-year security assistance roadmap for developing strategic
and sustainable military capacity and capabilities for Iraq
that includes a plan to reform Iraq's defense industrial base
and security sector by reducing corruption and optimizing
procurement.
SEC. 1224. PROHIBITION ON PROVISION OF WEAPONS AND OTHER FORMS OF
SUPPORT TO CERTAIN ORGANIZATIONS.
None of the funds authorized to be appropriated by this Act or
otherwise made available to the Department of Defense for fiscal year
2020 may be used to knowingly provide weapons or any other form of
support to Al Qaeda, the Islamic State of Iraq and Syria (ISIS), Jabhat
Fateh al Sham Hamas, Hizballah, Palestine Islamic Jihad, al-Shabaab,
Islamic Revolutionary Guard Corps, or any individual or group
affiliated with any such organization.
SEC. 1225. RULE OF CONSTRUCTION RELATING TO USE OF MILITARY FORCE
AGAINST IRAN.
Nothing in this Act or any amendment made by this Act may be
construed to authorize the use of military force against Iran.
SEC. 1226. SENSE OF CONGRESS ON SUPPORT FOR MINISTRY OF PESHMERGA
FORCES OF THE KURDISTAN REGION OF IRAQ.
It is the sense of Congress that--
(1) the United States led coalition and coalition enabled
partner forces, including Ministry of Peshmerga forces of the
Kurdistan Region of Iraq and Iraqi Security Forces (ISF), have
made significant gains in liberating all territory in Iraq from
Islamic State of Iraq and Syria (ISIS) control and disrupting
ISIS safe havens and networks;
(2) nevertheless, ISIS is regenerating key functions and
capabilities in Iraq, and ISIS elements will continue to exist
in Iraq for the foreseeable future;
(3) ISIS will attempt to rebuild combat power through
clandestine networks providing sanctuary, and ISIS will
continue to attempt to conduct insurgent-type activities while
simultaneously recruiting and training fighters, establishing
facilitation networks, and attempting to remain relevant in the
information domain;
(4) the Ministry of Peshmerga forces of the Kurdistan
Region of Iraq made significant contributions and sacrifices in
the United States-led campaign to degrade, dismantle, and
destroy ISIS; and
(5) the Department of Defense and the Department of State
should continue to work with and support the non-partisan
forces of the Ministry of Peshmerga of the Kurdistan Region of
Iraq in order to continue to develop their capabilities,
promote security sector reforms, and enhance sustainability and
interoperability with the other elements of the Iraqi security
forces in order to provide for Iraq's lasting security against
terrorist threats.
SEC. 1227. SENSE OF CONGRESS ON SUPPORTING THE RETURN AND REPATRIATION
OF RELIGIOUS AND ETHNIC MINORITIES IN IRAQ TO THEIR
ANCESTRAL HOMELANDS.
(a) Findings.--Congress finds that--
(1) the Nineveh Plain and the wider region have been the
ancestral homeland of Assyrian Chaldean Syriac Christians,
Yazidis, Shabak, and other religious and ethnic minorities,
where they lived for centuries until the Islamic State of Iraq
and Syria (ISIS) overran and occupied the area in 2014;
(2) in 2016, then-Secretary of State John Kerry announced,
``In my judgment Daesh is responsible for genocide against
groups in areas under its control, including Yezidis,
Christians, and Shia Muslims. Daesh is genocidal by self-
proclamation, by ideology, and by actions--in what it says,
what it believes, and what it does. Daesh is also responsible
for crimes against humanity and ethnic cleansing directed at
these same groups and in some cases also against Sunni Muslims,
Kurds, and other minorities.'';
(3) these atrocities were undertaken with the specific
intent to bring about the eradication and displacement of
Christians, Yazidis, and other communities and the destruction
of their cultural heritage, in violation of the United Nations
Convention on the Prevention and Punishment of the Crime of
Genocide signed by the United States on December 11, 1948;
(4) in 2016, the House of Representatives passed H. Con.
Res. 75 expressing the sense of the House of Representatives
that the atrocities perpetrated by ISIS against religious and
ethnic minorities in Iraq and Syria include war crimes, crimes
against humanity, and genocide;
(5) through joint efforts of the United States and 79
allies and partners, ISIS has been territorially defeated in
Iraq and Syria;
(6) in July 2018, under the direction of Vice President
Pence, the Genocide Recovery and Persecution Response Program
partnered with the Department of State, the United States
Agency for International Development, and local faith and
community leaders to rapidly and directly deliver aid to
persecuted communities, beginning with Iraq;
(7) Christians in Iraq once numbered over 1.5 million in
2003 and have dwindled to less than 200,000 today;
(8) armed militia groups linked to Iran, operating
systematically in Sinjar and the Nineveh Plains, have harassed
and intimidated religious and ethnic minorities thereby
destabilizing northern Iraq and preventing local and indigenous
minorities to return to their homelands;
(9) Iraqi religious minorities have faced challenges in
integrating into the Iraqi Security Forces and Kurdish
Peshmerga;
(10) over 500 acres of productive agricultural lands in
eastern Ninevah Governate have been burned in cases of arson in
May 2019 alone, destroying significant wheat and barley
cultivation areas;
(11) these agricultural resources are critical to northern
Iraq's livelihood, especially that of minority populations, and
continued crop arson prevents safe and prosperous return of
minority populations as well as complicates stabilization
efforts; and
(12) facilitating the success of communities in Sinjar and
the Nineveh Plains requires a commitment from international,
Iraqi, Kurdish, and local authorities, in partnership with
local faith leaders, to promote the safety and security of all
people, especially religious and ethnic minorities.
(b) Sense of Congress.--It is the sense of Congress that--
(1) it should remain a policy priority of the United
States, working with international partners, the Government of
Iraq, the Kurdistan Regional Government, and local populations,
to support the safe return of displaced indigenous people of
the Nineveh Plain and Sinjar to their ancestral homeland;
(2) it should be a policy priority of the Government of
Iraq, the Kurdish Regional Government, the United States, and
the international community to guarantee the restoration of
fundamental human rights, including property rights, to
genocide victims, and to see that ethnic and religious
pluralism survives in Iraq;
(3) Iraqi Security Forces and the Kurdish Peshmerga should
work to more fully integrate all communities, including
religious minority communities, to counter current and future
terrorist threats; and
(4) the United States, working with international allies
and partners, should continue to lead coordination of efforts
to provide for the safe return and future security of religious
minorities in the Nineveh Plain and Sinjar.
SEC. 1228. REPORT ON THE STATUS OF DECONFLICTION CHANNELS WITH IRAN.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the President shall submit to Congress a report on the
status of deconfliction channels with Iran.
(b) Matters to Be Included.--The report required by subsection (a)
shall include the following:
(1) The status of United States military-to-military
deconfliction channels with Iran to prevent military and
diplomatic miscalculation.
(2) The status of United States diplomatic deconfliction
channels with Iran to prevent miscalculation, define
ambiguities, and correct misunderstandings that could otherwise
lead to unintended consequences, including unnecessary or
harmful military activity.
(3) An analysis of the need and rationale for bilateral and
multilateral deconfliction channels, including an assessment of
recent United States experience with such channels of
communication with Iran.
SEC. 1229. PROHIBITION OF UNAUTHORIZED MILITARY FORCE IN OR AGAINST
IRAN.
(a) Findings.--Congress finds the following:
(1) The acquisition by the Government of Iran of a nuclear
weapon would pose a grave threat to international peace and
stability and the national security of the United States and
United States allies, including Israel.
(2) The Government of Iran is a leading state sponsor of
terrorism, continues to materially support the regime of Bashar
al-Assad, and is responsible for ongoing gross violations of
the human rights of the people of Iran.
(3) Article I of the United States Constitution requires
the President to obtain authorization from Congress before
engaging in war with Iran.
(b) Clarification of Current Law.--Nothing in the Authorization for
Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note), the
Authorization for Use of Military Force Against Iraq Resolution of 2002
(Public Law 107-243; 50 U.S.C. 1541 note), or any other provision of
law enacted before the date of the enactment of this Act may be
construed to provide authorization for the use of military force
against Iran.
(c) Prohibition of Unauthorized Military Force in or Against
Iran.--
(1) In general.--Except as provided in paragraph (1), no
Federal funds may be used for any use of military force in or
against Iran unless Congress has--
(A) declared war; or
(B) enacted specific statutory authorization for
such use of military force after the date of the
enactment of this Act that meets the requirements of
the War Powers Resolution (50 U.S.C. 1541 et seq.).
(2) Exception.--The prohibition under paragraph (1) shall
not apply to a use of military force that is consistent with
section (2)(c) of the War Powers Resolution.
(d) Rules of Construction.--(1) Nothing in this section may be
construed to prevent the President from using necessary and appropriate
force to defend United States allies and partners if Congress enacts
specific statutory authorization for such use of force consistent with
the requirements of the War Powers Resolution (50 U.S.C. 1541 et seq.).
(2) Nothing in this Act may be construed to relieve the executive
branch of restrictions on the use of force, reporting, or consultation
requirements set forth in the War Powers Resolution (50 U.S.C. 1541 et
seq.).
(3) Nothing in this Act may be construed to authorize the use of
military force.
Subtitle D--Matters Relating to Russia
SEC. 1231. PROHIBITION ON THE USE OF FUNDS TO SUSPEND, TERMINATE, OR
WITHDRAW THE UNITED STATES FROM THE OPEN SKIES TREATY.
(a) Findings.--Congress finds the following:
(1) Since 1992, the United States has supported the Open
Skies Treaty with dedicated aircraft and observation mission
teams, conducting several hundred training and observation
missions with other countries.
(2) This commitment by the United States has helped to
confirm and refine operational procedures, to improve
implementation and effectiveness of the Open Skies Treaty, and
provide United States leadership and engagement opportunities
that have supported broader objectives and improved European
transparency.
(3) The Open Skies Treaty provides signatories with the
ability to gather information through aerial imaging on
military forces and activities of concern to them which
contributes to greater transparency and stability in the Euro-
Atlantic region, which benefits both the United States and
United States allies and partners.
(4) In order to maximize United States benefits from the
Open Skies Treaty, the United States needs to recapitalize and
modernize its aircraft and sensors, and the ongoing work to
certify the Digital Visual Imaging System and the new effort
for the Open Skies Treaty Aircraft Recapitalization (OSTAR) are
critical to United States leadership and involvement in the
Treaty.
(5) The current 1960s-era United States aircraft used with
respect to the Open Skies Treaty are ill-suited to extreme
operating environments in Russia and experience regular,
unplanned maintenance issues, often resulting in mission delays
or cancellations.
(6) The OSTAR effort will provide a United States aircraft
capability that allows the United States to fully implement the
goals and objectives of the Open Skies Treaty.
(7) The United States also demonstrated in December 2018,
along with United States allies of Canada, the United Kingdom,
France, Germany, and Romania, that Open Skies Treaty mechanisms
can be used during times of crisis.
(8) Following Russia's unprovoked attack on Ukrainian
vessels near the Kerch Strait, the United States and United
States allies conducted an ``extraordinary'' Open Skies Treaty
observation mission over Ukraine to reaffirm commitment to
Ukraine.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should forcefully address Russian
violations of its obligations under the Open Skies Treaty; and
(2) due to the significant benefits that observation
missions under the Open Skies Treaty provide to the United
States and United States allies, the United States should
commit to continued participation in the Treaty.
(c) Prohibition.--
(1) In general.--Except as provided in paragraph (2), none
of the funds authorized to be appropriated by this Act or
otherwise made available to the Department of Defense for
fiscal year 2020 may be obligated or expended to take any
action to suspend, terminate, or withdraw the United States
from the Open Skies Treaty.
(2) Exception.--The prohibition in paragraph (1) shall not
apply if the Secretary of Defense and the Secretary of State
jointly determine and certify to the congressional defense
committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of the
Senate, that--
(A) Russia is in material breach of its obligations
under the Open Skies Treaty and is not taking steps to
return to compliance with such obligations, and all
other state parties to the Open Skies Treaty concur in
such determination of the Secretaries; or
(B) withdrawing from the Open Skies Treaty would be
in the best interests of United States national
security and the other state parties to the Open Skies
Treaty have been consulted with respect to such
withdrawal.
(d) Repeal of Limitation on Use of Funds to Vote to Approve or
Otherwise Adopt Any Implementing Decision of the Open Skies
Consultative Commission and Modifications to Report.--
(1) In general.--Section 1236 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2491) is amended--
(A) by striking subsections (a) and (b); and
(B) by redesignating subsections (c), (d), (e), and
(f) as subsections (a), (b), (c), and (d),
respectively.
(2) Modifications to report.--Subsection (a) of such
section, as so redesignated, is amended--
(A) in the heading, by striking ``Quarterly'' and
inserting ``Bi-annual'';
(B) in paragraph (1)--
(i) by inserting ``the Secretary of
State,'' before ``the Secretary of Energy'';
(ii) by striking ``quarterly basis'' and
inserting ``bi-annual basis'';
(iii) by striking ``by the Russian
Federation over the United States'' and
inserting ``by all parties to the Open Skies
Treaty, including the United States, under the
Treaty''; and
(iv) by striking ``calendar quarter'' and
inserting ``preceding 6-month period''; and
(C) in paragraph (2), by striking subparagraphs
(B), (C), and (D) and inserting the following:
``(B) In the case of an observation flight by the
United States, including an observation flight over the
territory of Russia--
``(i) an analysis of data collected that
supports United States intelligence and
military collection goals; and
``(ii) an assessment of data collected
regarding military activity that could not be
collected through other means.
``(C) In the case of an observation flight over the
territory of the United States--
``(i) an analysis of whether and the extent
to which any United States critical
infrastructure was the subject of image capture
activities of such observation flight;
``(ii) an estimate for the mitigation costs
imposed on the Department of Defense or other
United States Government agencies by such
observation flight; and
``(iii) assessment of how such information
is used by party conducting the observation
flight, for what purpose, and how the
information fits into the overall collection
posture.''.
(3) Form.--Subsection (c) of such section, as so
redesignated, is amended by striking ``certification, report,
and notice'' and inserting ``report''.
(4) Definitions.--Subsection (d) of such section, as so
redesignated, is amended--
(A) by striking paragraphs (3) and (6); and
(B) by redesignating paragraphs (4), (5), and (7)
as paragraphs (3), (4), and (5), respectively.
(e) Open Skies: Implementation Plan.--Section 1235(a) of the
National Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 131 Stat. 1660) is amended--
(1) in paragraph (1)--
(A) by striking ``during such fiscal year'' and
inserting ``during a calendar year''; and
(B) by striking ``the President submits'' and all
that follows and inserting ``the Secretary of Defense
provides to the appropriate congressional committees a
briefing on a plan described in paragraph (2) with
respect to such calendar year.'';
(2) in paragraph (2), by striking ``such fiscal year'' and
inserting ``such calendar year''; and
(3) in paragraph (3), by striking ``a fiscal year and
submit the updated plan'' and inserting ``a calendar year and
provide a briefing on the updated plan''.
(f) Definition of Open Skies Treaty; Treaty.--In this section, the
term ``Open Skies Treaty'' or ``Treaty'' means the Treaty on Open
Skies, done at Helsinki March 24, 1992, and entered into force January
1, 2002.
SEC. 1232. EXTENSION OF LIMITATION ON MILITARY COOPERATION BETWEEN THE
UNITED STATES AND RUSSIA.
Section 1232(a) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2488), is amended by
striking ``or 2019'' and inserting ``, 2019, or 2020''.
SEC. 1233. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO SOVEREIGNTY
OF RUSSIA OVER CRIMEA.
(a) Prohibition.--None of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020 for the
Department of Defense may be obligated or expended to implement any
activity that recognizes the sovereignty of Russia over Crimea.
(b) Waiver.--The Secretary of Defense, with the concurrence of the
Secretary of State, may waive the restriction on the obligation or
expenditure of funds required by subsection (a) if the Secretary--
(1) determines that to do so is in the national security
interest of the United States; and
(2) submits a notification of the waiver, at the time the
waiver is invoked, to the Committee on Armed Services and the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 1234. MODIFICATION AND EXTENSION OF UKRAINE SECURITY ASSISTANCE
INITIATIVE.
Section 1250 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 1068) is amended--
(1) in subsection (a), by striking ``in coordination with
the Secretary of State'' and inserting ``with the concurrence
of the Secretary of State'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``50 percent of
the funds available for fiscal year 2019 pursuant to
subsection (f)(4)'' and inserting ``50 percent of the
funds available for fiscal year 2020 pursuant to
subsection (f)(5)'';
(B) in paragraph (3), by striking ``fiscal year
2019'' and inserting ``fiscal year 2020''; and
(C) in paragraph (5), by striking ``Of the funds
available for fiscal year 2019 pursuant to subsection
(f)(4)'' and inserting ``Of the funds available for
fiscal year 2020 pursuant to subsection (f)(5)''; and
(3) in subsection (f), by adding at the end the following:
``(5) For fiscal year 2020, $250,000,000.''.
SEC. 1235. REPORT ON TREATIES RELATING TO NUCLEAR ARMS CONTROL.
(a) Findings.--Congress finds the following:
(1) On October 24, 2018, the House Committee on Armed
Services and House Committee on Foreign Affairs wrote to the
Secretary of Defense requesting information regarding the
Administration's policies and strategies related to nuclear
arms control.
(2) The Committees did not receive the requested
information from the Secretary of Defense.
(b) Assessment Required.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense, in consultation
with the Secretary of State and the Director of National Intelligence,
shall submit to the Committee on Armed Services, the Permanent Select
Committee on Intelligence, and the Committee on Foreign Affairs of the
House of Representatives and the Committee on Armed Services, the
Select Committee on Intelligence, and the Committee on Foreign
Relations of the Senate an assessment that includes each of the
following:
(1) The implications, in terms of military threat to the
United States or its allies in Europe, of Russian deployment of
intermediate-range cruise and ballistic missiles without
restriction.
(2) What new capabilities the United States might need in
order to pursue additional technologies or programs to offset
such Russian capabilities, and the costs associated with such
capabilities, technologies, and programs.
(3) An assessment of the threat to the United States of
Russia's strategic nuclear force in the event the New START
Treaty lapses.
(4) What measures could have been taken short of
withdrawal, including economic, military, and diplomatic
options, to increase pressure on Russia for violating the INF
Treaty.
(5) The status of all consultations with allies pertaining
to the INF Treaty and the threat posed by Russian forces that
are noncompliant with the obligations of such treaty.
(6) The impact that Russian withdrawal from the INF Treaty
and the expiration of the New START Treaty could have on long-
term United States-Russia strategic stability.
(c) Withholding of Funds.--Until the date of the submission of the
assessment required by subsection (b), an amount that is equal to 20
percent of the total amount authorized to be appropriated to the Office
of the Secretary of Defense under the Operations and Maintenance,
Defense-Wide account for the travel of persons shall be withheld from
obligation or expenditure.
(d) Definitions.--In this section:
(1) New start treaty.--The term ``New START Treaty'' means
the Treaty between the United States of America and the Russian
Federation on Measures for the Further Reduction and Limitation
of Strategic Offensive Arms, signed at Prague April 8, 2010,
and entered into force February 5, 2011.
(2) INF treaty.--The term ``INF Treaty'' means the Treaty
between the United States of America and the Union of Soviet
Socialist Republics on the Elimination of Their Intermediate-
Range and Shorter-Range Missiles, signed at Washington December
8, 1987, and entered into force June 1, 1988.
SEC. 1236. SENSE OF CONGRESS ON UPDATING AND MODERNIZING EXISTING
AGREEMENTS TO AVERT MISCALCULATION BETWEEN THE UNITED
STATES AND RUSSIA.
It is the sense of Congress that, in order to strengthen the
defense of United States and its allies and partners in Europe and
avert the risk of miscalculation and unintended escalation that could
lead to a broader and dangerous military catastrophe, the Secretary of
Defense and Secretary of State, in consultation with the commander of
United States European Command and Assistant Secretary of State for
European and Eurasian Affairs, should--
(1) pursue updating and modernizing the Agreement on the
prevention of incidents on and over the high seas (entered into
force with respect to the United States on May 25, 1972; 23
U.S.T. 1063);
(2) explore additional options to reduce the risk of
accidents in the air; and
(3) explore the possibility of updating the notifications
in the Vienna Document of the Organization for Security and
Cooperation in Europe with a view to reducing the risk that the
United States, the North Atlantic Treaty Organization, or
Russia might misinterpret a military exercise, including
pursuing greater use of the Vienna Document's provision that
provides for voluntary hosting of visits that seek to dispel
possible concern regarding military activities.
SEC. 1237. SENSE OF CONGRESS ON SUPPORT FOR GEORGIA.
(a) Findings.--Congress finds the following:
(1) Georgia is a valued friend of the United States and has
repeatedly demonstrated its commitment to advancing the mutual
interests of both countries, including the deployment of
Georgian forces as part of the former International Security
Assistance Force (ISAF) and the current Resolute Support
Mission led by the North Atlantic Treaty Organization (NATO) in
Afghanistan and the Multi-National Force in Iraq.
(2) The European Deterrence Initiative builds the
partnership capacity of Georgia so it can work more closely
with the United States and NATO, as well as provide for its own
defense.
(3) In addition to the European Deterrence Initiative,
Georgia's participation in the NATO initiative Partnership for
Peace is paramount to interoperability with the United States
and NATO, and establishing a more peaceful environment in the
region.
(4) Despite the losses suffered, as a NATO partner, Georgia
is committed to the Resolute Support Mission in Afghanistan
with the fourth-largest contingent on the ground.
(b) Sense of Congress.--Congress--
(1) reaffirms United States support for Georgia's
sovereignty and territorial integrity within its
internationally-recognized borders, and does not recognize the
independence of the Abkhazia and South Ossetia regions
currently occupied by the Russian Federation; and
(2) supports continued cooperation between the United
States and Georgia and the efforts of the Government of Georgia
to provide for the defense of its people and sovereign
territory.
SEC. 1238. SENSE OF CONGRESS ON SUPPORT FOR ESTONIA, LATVIA, AND
LITHUANIA.
(a) Findings.--Congress finds the following:
(1) The Baltic countries of Estonia, Latvia, and Lithuania
are highly valued allies of the United States, and they have
repeatedly demonstrated their commitment to advancing our
mutual interests as well as those of the NATO Alliance.
(2) Operation Atlantic Resolve is a series of exercises and
coordinating efforts demonstrating the United States'
commitment to its European partners and allies, including the
Baltic countries of Estonia, Latvia, and Lithuania, with the
shared goal of peace and stability in the region. Operation
Atlantic Resolve strengthens communication and understanding,
and is an important effort to deter Russian aggression in the
region.
(3) Through Operation Atlantic Resolve, the European
Deterrence Initiative undertakes exercises, training, and
rotational presence necessary to reassure and integrate our
allies, including the Baltic countries, into a common defense
framework.
(4) All three Baltic countries contributed to the NATO-led
International Security Assistance Force in Afghanistan, sending
troops and operating with few caveats. The Baltic countries
continue to commit resources and troops to the Resolute Support
Mission in Afghanistan.
(b) Sense of Congress.--Congress--
(1) reaffirms its support for the principle of collective
defense in Article 5 of the North Atlantic Treaty for our NATO
allies, including Estonia, Latvia, and Lithuania;
(2) supports the sovereignty, independence, territorial
integrity, and inviolability of Estonia, Latvia, and Lithuania
as well as their internationally recognized borders, and
expresses concerns over increasingly aggressive military
maneuvering by the Russian Federation near their borders and
airspace;
(3) expresses concern over and condemns subversive and
destabilizing activities by the Russian Federation within the
Baltic countries; and
(4) encourages the Administration to further enhance
defense cooperation efforts with Estonia, Latvia, and Lithuania
and supports the efforts of their Governments to provide for
the defense of their people and sovereign territory.
SEC. 1239. ANNUAL REPORT ON CYBER ATTACKS AND INTRUSIONS AGAINST THE
DEPARTMENT OF DEFENSE BY CERTAIN FOREIGN ENTITIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and each fiscal year thereafter through fiscal
year 2023, the Secretary of Defense shall submit to the congressional
defense committees a report on cyber attacks and intrusions in the
previous 12 months by agents or associates of the Governments of the
Russian Federation, the People's Republic of China, the Islamic
Republic of Iran, and the Democratic People's Republic of Korea against
or into--
(1) the information systems (as such term is defined in
section 3502 of title 44, United States Code) of--
(A) the Department of Defense; and
(B) any contractor of the Department of Defense
that works on sensitive United States military
technology; and
(2) the personal communications of the personnel of the
Department of Defense.
(b) Form.--The report required by subsection (a) shall be submitted
in classified form.
SEC. 1240. REPORT ON RUSSIAN MILITARY INVOLVEMENT IN THE AFRICOM AOR.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of State, shall provide to the appropriate congressional
committees a report on military assistance provided by the Russian
Federation or any private military corporations headquartered or
registered in Russia to countries in the U.S. Africa Command (AFRICOM)
Area of Responsibility (AOR).
(b) Matters to Be Included.--The report required by subsection (a)
shall include the following:
(1) A description of all known bilateral agreements between
Russia and African governments negotiated since 2014, including
military and technical cooperation, arms sales, and mineral
exploration.
(2) An analysis of any direct or indirect military support
Russia or private military corporations based in Russia are
providing to non-state armed groups in Africa, including a
description of the types of support.
(3) A description of arms sales within the previous
calendar year by the Russian defense sector to African
countries, and an analysis of whether any of such arms sales
constitute significant transactions within the meaning of
section 231 of the Countering America's Adversaries Through
Sanctions Act of 2017 (22 U.S.C. 9525).
(4) An analysis of the extent to which such arms sales may
be in violation of United Nations Security Council-imposed arms
embargoes in Africa, including with regard to South Sudan, the
Democratic Republic of Congo, and the Central African Republic.
(5) An analysis of Russian disinformation and propaganda
operations in African countries, and the extent to which such
operations pose a risk to United States interests in Africa.
(6) A plan to counteract destabilizing Russian activities
in Africa.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1240A. REPORTS RELATING TO THE NEW START TREATY.
(a) Sense of Congress.--It is the sense of Congress that the United
States should seek to extend the New START Treaty, from its initial
termination date in February 2021 to February 2026, as provided for
under Article XIV of the Treaty, unless--
(1) the President determines and informs the appropriate
congressional committees that Russia is in material breach of
the Treaty; or
(2) the Treaty is superseded by a new arms control
agreement that provides equal or greater constraints,
transparency, and verification measures with regard to Russia's
nuclear forces.
(b) Prohibition on Use of Funds to Withdraw From the New START
Treaty.--Notwithstanding any other provision of law, none of the funds
authorized to be appropriated by this Act or otherwise made available
to the Department of Defense for fiscal year 2020 may be used to take
any action to withdraw the United States from the New START Treaty,
unless the President determines and so informs the appropriate
congressional committees that Russia is in material breach of the
Treaty.
(c) Assessments From Director of National Intelligence.--
(1) Relating to expiration of new start treaty.--Not later
than 180 days after the date of the enactment of this Act, the
Director of National Intelligence shall submit to the
appropriate congressional committees an intelligence assessment
based on all sources of the national security and intelligence
implications of the expiration of the New START Treaty without
the United States and Russia having entered into a new arms
control agreement that provides equal or greater constraints,
transparency, and verification measures with regard to Russia's
nuclear forces. The assessment shall be submitted in an
unclassified form, but may contain a classified annex, and
shall include the following elements:
(A) A description of the size and posture of
Russia's nuclear forces, including strategic nuclear
warheads and strategic delivery vehicles, as well as
predicted force levels through February 2026 under each
of the following potential scenarios:
(i) The Treaty expires in February 2026
without such a replacement agreement.
(ii) The Treaty is extended until February
2026.
(B) A description of Russia's likely response to an
expiration of the New START Treaty, including potential
changes to Russia's nuclear forces, conventional
forces, as well as Russia's willingness to negotiate an
arms control agreement on Russian non-strategic or
tactical nuclear weapons, short-and-intermediate-range
delivery systems, (including dual-capable and nuclear-
only), and new strategic delivery systems (such as the
kinds announced by President Putin on March 1, 2018) in
the future.
(C) An assessment of the strategic impact on United
States and Russian strategic nuclear forces if the
Treaty is not extended and such an agreement is not
concluded, including the likelihood that Russia pursues
new strategic offensive arms research and development
programs.
(D) An assessment of the potential quantity of
Russia's new strategic delivery systems (such as the
kinds announced by President Putin on March 1, 2018)
between 2021 and 2026, and the impact to strategic
stability between Russia and the United States as
related to Russia's existing strategic forces.
(E) An assessment of the impact on United States
allies if the limitations on Russia's nuclear forces
are dissolved if the Treaty is not extended and such an
agreement is not concluded.
(F) A description of the verification and
transparency benefits of the Treaty and a description
of the Treaty's impact on the United States'
understanding of Russia's military and nuclear forces.
(G) An assessment of how the United States'
confidence in its understanding of Russia's strategic
nuclear arsenal and future nuclear force levels would
be impacted if the Treaty is not extended and such an
agreement is not concluded.
(H) An assessment of what actions would be
necessary for the United States to remediate the loss
of the Treaty's verification and transparency benefits
if the Treaty is not extended and such an agreement is
not concluded, and an estimate of the remedial
resources required to ensure no concomitant loss of
understanding of Russia's military and nuclear forces.
(2) Relating to russia's willingness to engage in nuclear
arms control negotiations.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate congressional
committees an intelligence assessment based on all sources of
Russia's willingness to engage in nuclear arms control
negotiations and Russia's priorities in these negotiations. The
assessment shall be submitted in an unclassified form but may
contain a classified annex, and shall include the following
elements:
(A) An assessment of Russia's willingness to extend
the New START Treaty and its likely negotiating
position to discuss such an extension with the United
States.
(B) An assessment of Russia's interest in
negotiating a broader arms control agreement that would
include nuclear weapons systems not accountable under
the New START Treaty, including non-strategic nuclear
weapons.
(C) An assessment of what concessions Russia would
likely seek from the United States during such
negotiations, including what additional United States'
military capabilities Russia would seek to limit, in
any broader arms control negotiation.
(d) Reports and Briefing From Secretary of State.--
(1) Relating to nato, nato member countries, and other
united states allies.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense, shall submit a
report, which shall be in an unclassified form but may contain
a classified annex, and provide a briefing to the appropriate
congressional committees that includes--
(A) an assessment of the likely reactions of the
North Atlantic Treaty Organization (NATO), NATO member
countries, and other United States allies to a United
States decision not to extend the New START Treaty or
enter into a new agreement with Russia to replace the
Treaty that provides equal or greater constraints,
transparency, and verification measures with regard to
Russia's nuclear forces; and
(B) a description of the consultations undertaken
with such allies in which the New START Treaty was
raised, and the level of allied interest in,
recommendations on, or concerns raised with respect to
discussions between the United States and Russia
relating to the Treaty and other related matters.
(2) Relating to ongoing implementation of the new start
treaty.--Not later than 60 days after the date of the enactment
of this Act, and every 90 days thereafter until the New START
Treaty is extended or expires, the Secretary of State, in
consultation with the Secretary of Defense, shall submit a
report, which shall be in an unclassified form but may contain
a classified annex, to the appropriate congressional committees
with an assessment of the following elements:
(A) Whether the Russian Federation remains in
compliance with its obligations under the New START
Treaty.
(B) Whether implementation of the New START Treaty
remains in the national security interest of the United
States.
(3) Relating to other matters.--Not later than 90 days
after the date of the enactment of this Act, and every 180 days
thereafter until the New START Treaty is extended or expires,
the Secretary of State, in consultation with the Secretary of
Defense, shall provide a briefing to the appropriate
congressional committees that includes the following elements:
(A) A description of any discussions with Russia on
the Treaty or on a broader, multilateral arms control
treaty with Russia and other countries on the reduction
and limitation of strategic offensive arms, and
discussions addressing the disparity between the non-
strategic nuclear weapons stockpiles of Russia and of
the United States, at the Assistant Secretary level,
Ambassadorial level, or higher.
(B) The dates, locations, discussion topics,
agenda, outcomes, and Russian interlocutors involved in
those discussions.
(C) An identification of the United States
Government departments and agencies involved in the
discussions.
(D) The types of systems, both nuclear and
nonnuclear, discussed by either side in such
discussions as the potential subjects of an agreement.
(E) Whether an offer of extension of the Treaty for
any length of time, or to negotiate a new agreement,
has been offered by either side.
(e) Report and Briefing From Secretary of Defense.--Not later than
180 days after the date of the enactment of this Act, the Secretary of
Defense, in consultation with the Secretary of Energy and the Secretary
of State, shall submit a report, which shall be in unclassified form
but may contain a classified annex, and provide a briefing to the
appropriate congressional committees that includes--
(1) an assessment of the impact on the United States
nuclear arsenal and posture of the expiration of the New START
Treaty without the United States and Russia having entered into
a new agreement with Russia to replace the Treaty that provides
equal or greater constraints, transparency, and verification
measures with regard to Russia's nuclear forces;
(2) a description of the potential changes to the expected
force structure of the Armed Forces to respond to potential
changes in Russia's nuclear posture if the limitations in the
Treaty are no longer in force, and in the absence of such a new
bilateral or multilateral agreement, and an estimation of
expected costs necessary to make such changes to the force
structure of the Armed Forces;
(3) a description, to be submitted jointly with the
Secretary of Energy, of potential changes to the modernization
plan for the United States nuclear weapons complex, which
anticipates the continued existence of the Treaty, if the
Treaty is not extended or such a new bilateral or multilateral
agreement is not concluded;
(4) a description of the strategic impact on United States
and Russian strategic nuclear forces if the Treaty is not
extended or such a new bilateral or multilateral agreement is
not concluded; and
(5) a description of potential changes regarding United
States nuclear weapons forward deployed to Europe and regarding
the nuclear deterrent of the United Kingdom and France, if the
Treaty is not extended or such a new bilateral or multilateral
agreement is not concluded.
(f) Presidential Certification in Advance of Expiration of New
START Treaty.--Not later than September 7, 2020, if the New START
Treaty has not been extended, and if the United States and Russia have
not entered into a new treaty to replace the New START Treaty, the
President shall submit a report, which shall be in an unclassified form
but may contain a classified annex, to the appropriate congressional
committees that contains the following elements--
(1) an assessment as to whether the limits of the New START
Treaty on Russia's strategic nuclear forces advance United
States national security interests;
(2) an explanation of how the United States will address
the imminent expiration of the New START Treaty, including--
(A) a plan to extend the New START Treaty before it
expires;
(B) a plan to otherwise retain the Treaty's limits
on Russia's nuclear forces; or
(C) a plan to provide for the expiration of the
Treaty, including--
(i) a justification for why the expiration
of the Treaty is in the national security
interest of the United States; and
(ii) a plan, including steps the United
States military and the intelligence community
will take before February 5, 2021, to account
for the expiration of the Treaty and the
failure to replace it with a new agreement to
maintain confidence in United States nuclear
deterrence requirements and a similar level of
confidence in intelligence information
regarding Russia's nuclear forces.
(g) Department of Defense Reporting Requirements in Event of
Expiration of New START Treaty.--If the New START Treaty expires before
the United States and Russia enter into a new arms control agreement to
replace the Treaty that provides equal or greater constraints,
transparency, and verification measures with regard to the Russia's
nuclear forces, not later than 30 days after such expiration--
(1) the Secretary of Defense shall submit to the
appropriate congressional committees a report describing
changes to the expected force structure of the Armed Forces and
estimating the expected costs necessary to make such changes;
and
(2) the Secretary of Defense and the Secretary of Energy
shall jointly submit to the appropriate congressional
committees a report--
(A) describing the manner in which the current
United States nuclear modernization plan, which
anticipates the continued existence of the Treaty, will
be modified without the existence of the Treaty; and
(B) including--
(i) the information required to be
submitted in the report required by section
1043 of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81; 125
Stat. 1576);
(ii) a separate 10-year cost estimate from
the Department of Defense to implement a
nuclear sustainment plan; and
(iii) a separate 10-year cost estimate from
the Department of Energy to implement a nuclear
sustainment and modernization plan.
(h) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on Armed Services, and the Permanent Select Committee
on Intelligence of the House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Armed Services, and the Select Committee
on Intelligence of the Senate.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
(3) New start treaty; treaty.--The terms ``New START
Treaty'' and ``Treaty'' mean the Treaty between the United
States of America and the Russian Federation on Measures for
the Further Reduction and Limitation of Strategic Offensive
Arms, signed on April 8, 2010, and entered into force on
February 5, 2011.
SEC. 1240B. UNITED STATES ACTIONS RELATING TO RUSSIAN INTERFERENCE IN
ELECTIONS FOR FEDERAL OFFICE.
(a) Prohibition on Transactions Relating to New Russian Sovereign
Debt.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall issue
regulations prohibiting United States persons from engaging in
transactions with, providing financing for, or in any other way
dealing in Russian sovereign debt that is issued on or after
the date that is 180 days after such date of enactment.
(2) Russian sovereign debt defined.--For purposes of this
subsection, the term ``Russian sovereign debt'' means--
(A) bonds issued by the Russian Central Bank, the
Russian National Wealth Fund, the Russian Federal
Treasury, or agents or affiliates of any such
institution, with a maturity of more than 14 days;
(B) new foreign exchange swap agreements with the
Russian Central Bank, the Russian National Wealth Fund,
or the Russian Federal Treasury, the duration of which
agreement is longer than 14 days; and
(C) any other financial instrument, the duration or
maturity of which is more than 14 days, that the
President determines represents the sovereign debt of
Russia.
(3) Requirement to promptly publish guidance.--The
President shall concurrently publish guidance on the
implementation of the regulations issued pursuant to paragraph
(1).
(b) Determination of Russian Interference in Elections for Federal
Office.--
(1) In general.--Not later than 30 days after an election
for Federal office, the Director of National Intelligence, in
consultation with the Director of the Federal Bureau of
Investigation, the Director of the National Security Agency,
and the Director of the Central Intelligence Agency, shall--
(A) determine whether or not the Government of
Russia, or any person acting as an agent of or on
behalf of that government, knowingly engaged in
interference in the election; and
(B) submit to the appropriate congressional
committees and leadership a report on that
determination, including an identification of the
government or person that interfered in the election if
the Director determines that interference did occur.
(2) Additional reporting.--If the Director of National
Intelligence determines and reports under paragraph (1) that
neither the Government of Russia nor any person acting as an
agent of or on behalf of that government knowingly engaged in
interference in an election for Federal office, and the
Director subsequently determines that such government, or such
a person, did engage in such interference, the Director shall
submit to the appropriate congressional committees and
leadership a report on the subsequent determination not later
than 30 days after making that determination.
(3) Form of report.--Each report required by paragraph (1)
or (2) shall be submitted in unclassified form but may include
a classified annex.
(c) Lifting the Prohibition on Transactions Relating to New Russian
Sovereign Debt.--The President shall immediately suspend the
prohibition on transactions relating to Russian sovereign debt required
under subsection (a) if, no later than 90 days after the date on which
a report required under subsection (b) is submitted to the appropriate
congressional committees and leadership and no later than 120 days
after the most recent election for Federal office, whichever is
sooner--
(1) the Director of National Intelligence has in its report
required under subsection (b) affirmatively determined that
neither the Government of Russia, nor any person acting as an
agent of or on behalf of that government, has knowingly engaged
in interference in the most recent election for Federal office;
and
(2) Congress has passed a joint resolution certifying the
determination of the Director of National Intelligence.
(d) Reimposing the Prohibition on Transactions Relating to New
Russian Sovereign Debt.--The President shall immediately reimpose the
prohibition on transactions relating to Russian sovereign debt required
under subsection (a) if, after 90 days following the date on which a
report required under subsection (b) is submitted to the appropriate
congressional committees and leadership or 120 days following the most
recent election for Federal office, whichever is sooner--
(1) the Director of National Intelligence, in the report
required under subsection (b), has not affirmatively determined
that neither the Government of Russia, nor any person acting as
an agent of or on behalf of that government, has knowingly
engaged in interference in the most recent election for Federal
office; or
(2) Congress has failed to pass a joint resolution
certifying the determination of the Director of National
Intelligence in its report required under subsection (b) that
neither the Government of Russia, nor any person acting as an
agent of or on behalf of that government, has knowingly engaged
in interference in the most recent Federal election.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban
Affairs, the Committee on Foreign Relations, the
Committee on Finance, the Select Committee on
Intelligence, and the Committee on Rules and
Administration of the Senate; and
(B) the Committee on Financial Services, the
Committee on Foreign Affairs, the Committee on Ways and
Means, the Permanent Select Committee on Intelligence,
and the Committee on House Administration of the House
of Representatives.
(2) Appropriate congressional committees and leadership.--
The term ``appropriate congressional committees and
leadership'' means--
(A) the appropriate congressional committees;
(B) the majority leader and minority leader of the
Senate; and
(C) the Speaker, the majority leader, and the
minority leader of the House of Representatives.
(3) Elections for federal office.--The term ``elections for
Federal office'' has the meaning given such term in the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.), except
that such term does not include a special election.
(4) Interference in elections for federal office.--The term
``interference'', with respect to an election for Federal
office:
(A) Means any of the following actions of the
government of a foreign country, or any person acting
as an agent of or on behalf of such a government,
undertaken with the intent to influence the election:
(i) Obtaining unauthorized access to
election and campaign infrastructure or related
systems or data and releasing such data or
modifying such infrastructure, systems, or
data.
(ii) Blocking or degrading otherwise
legitimate and authorized access to election
and campaign infrastructure or related systems
or data.
(iii) Contributions or expenditures for
advertising, including on the internet.
(iv) Using social or traditional media to
spread significant amounts of false information
to individuals in the United States.
(B) Does not include communications clearly
attributable to news and media outlets which are
publicly and explicitly either controlled or in large
part funded by the government of a foreign country.
(5) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(6) Person.--The term ``person'' means an individual or
entity.
(7) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity.
Subtitle E--Matters Relating to the Indo-Pacific Region
SEC. 1241. MODIFICATION OF INDO-PACIFIC MARITIME SECURITY INITIATIVE.
(a) Types of Assistance and Training.--Subsection (c)(2)(A) of
section 1263 of the National Defense Authorization Act for Fiscal Year
2016 (10 U.S.C. 2282 note) is amended by inserting ``the law of armed
conflict, the rule of law, and'' after ``respect for''.
(b) Notice to Congress on Assistance and Training.--Subsection
(g)(1) of such section is amended--
(1) in subparagraph (A), by inserting at the end before the
period the following: ``, the specific unit or units whose
capacity to engage in activities under a program of assistance
or training to be provided under subsection (a) will be built
under the program, and the amount, type, and purpose of the
support to be provided'';
(2) by redesignating subparagraph (F) as subparagraph (J);
and
(3) by inserting after subparagraph (E) the following new
subparagraphs:
``(F) Information, including the amount, type, and
purpose, on assistance and training provided under
subsection (a) during the three preceding fiscal years,
if applicable.
``(G) A description of the elements of the theater
campaign plan of the geographic combatant command
concerned and the interagency integrated country
strategy that will be advanced by the assistance and
training provided under subsection (a).
``(H) A description of whether assistance and
training provided under subsection (a) could be
provided pursuant to--
``(i) section 333 of title 10, United
States Code, or other security cooperation
authorities of the Department of Defense; or
``(ii) security cooperation authorities of
the Department of State.
``(I) An identification of each such authority
described in subparagraph (H).''.
(c) Annual Monitoring Reports.--Such section is amended--
(1) by redesignating subsection (h) as subsection (j); and
(2) by inserting after subsection (g) the following new
subsection:
``(h) Annual Monitoring Reports.--
``(1) In general.--Not later than December 31, 2019, and
annually thereafter, the Secretary of Defense shall submit to
the appropriate committees of Congress a report setting forth,
for the preceding calendar year, the following:
``(A) Information, by recipient foreign country, on
the status of funds allocated for assistance and
training provided under subsection (a), including funds
allocated but not yet obligated or expended.
``(B) Information, by recipient foreign country, on
the delivery and use of assistance and training
provided under subsection (a).
``(C) Information, by recipient foreign country, on
the timeliness of delivery of assistance and training
provided under subsection (a) as compared to the
timeliness of delivery of assistance and training
previously provided to the foreign country under
subsection (a).
``(2) Appropriate committees of congress defined.--In this
subsection, the term `appropriate committees of Congress' has
the meaning given the term in subsection (g)(2).''.
(d) Limitations.--Such section, as so amended, is further amended
by inserting after subsection (h), as added by subsection (c)(2), the
following:
``(i) Limitations.--
``(1) Assistance otherwise prohibited by law.--The
Secretary of Defense may not use the authority in subsection
(a) to provide any type of assistance or training that is
otherwise prohibited by any provision of law.
``(2) Prohibition on assistance to units that have
committed gross violations of human rights.--The provision of
assistance and training pursuant to a program under subsection
(a) shall be subject to the provisions of section 362 of title
10, United States Code.
``(3) Assessment, monitoring, and evaluation of programs
and activities.--The provision of assistance and training
pursuant to a program under subsection (a) shall be subject to
the provisions of section 383 of title 10, United States
Code.''.
(e) Report.--
(1) In general.--Not later than January 31, 2020, the
Secretary of Defense, with the concurrence of the Secretary of
State, shall submit to the appropriate congressional committees
a report on the implementation of the Indo-Pacific Maritime
Security Initiative under section 1263 of the National Defense
Authorization Act for Fiscal Year 2016, as amended by this
section.
(2) Matters to be included.--The report required by
paragraph (1) shall include the following:
(A) Objectives of the Initiative, including--
(i) a discussion of United States security
requirements that are satisfied or enhanced
under the Initiative; and
(ii) an assessment of progress toward each
such objective and the metrics used to assess
such progress.
(B) A discussion of how the Initiative relates to,
complements, or overlaps with other United States
security cooperation and security assistance
authorities.
(C) A description of the process and criteria by
which the utilization of each such authority or
authorities described in subparagraph (B) is
determined.
(D) An assessment, by recipient foreign country,
of--
(i) the country's capabilities relating to
maritime security and maritime domain
awareness;
(ii) the country's capability enhancement
priorities, including how such priorities
relate to the theater campaign strategy,
country plan, and theater campaign plan
relating to maritime security and maritime
domain awareness;
(E) A discussion, by recipient foreign country,
of--
(i) priority capabilities that the
Department of Defense plans to enhance under
the Initiative and priority capabilities the
Department plans to enhance under separate
United States security cooperation and security
assistance authorities; and
(ii) the anticipated timeline for
assistance and training for each such
capability.
(F) Information, by recipient foreign country, on
the delivery and use of assistance and training
provided under the Initiative.
(G) Any other matters the Secretary of Defense
determines should be included.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form without any designation relating
to dissemination control, but may include a classified annex.
(4) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 1242. EXTENSION AND MODIFICATION OF REPORT ON MILITARY AND
SECURITY DEVELOPMENTS INVOLVING NORTH KOREA.
(a) Extension.--Subsection (a) of section 1236 of the National
Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125
Stat. 1641) is amended--
(1) by striking ``and November 1, 2017'' and inserting
``November 1, 2017, April 1, 2020, and April 1, 2021''; and
(2) by inserting ``(without any designation relating to
dissemination control)'' after ``unclassified''.
(b) Additional Matters to Be Included.--Subsection (b) of such
section is amended--
(1) by redesignating paragraph (8) as paragraph (9); and
(2) by inserting after paragraph (7) the following new
paragraph:
``(8) Developments in North Korea's nuclear program,
including the size and state of North Korea's stockpile of
nuclear weapons, its nuclear strategy and associated doctrines,
its civil and military production capacities, and projections
of its future arsenals.''.
SEC. 1243. LIMITATION ON USE OF FUNDS TO REDUCE THE TOTAL NUMBER OF
MEMBERS OF THE ARMED FORCES SERVING ON ACTIVE DUTY WHO
ARE DEPLOYED TO SOUTH KOREA.
None of the funds authorized to be appropriated by this Act may be
used to reduce the total number of members of the Armed Forces serving
on active duty who are deployed to South Korea below 28,500 unless the
Secretary of Defense first certifies to the congressional defense
committees the following:
(1) Such a reduction is in the national security interest
of the United States and will not significantly undermine the
security of United States allies in the region.
(2) The Secretary has appropriately consulted with allies
of the United States, including South Korea and Japan,
regarding such a reduction.
SEC. 1244. REPORT ON DIRECT, INDIRECT, AND BURDEN-SHARING CONTRIBUTIONS
OF JAPAN AND SOUTH KOREA.
(a) In General.--Not later than March 1, 2020, and March 1, 2021,
the Secretary of Defense shall submit to the appropriate congressional
committees a report on the direct, indirect, and burden-sharing
contributions of Japan and South Korea to support overseas military
installations of the United States and United States Armed Forces
deployed to or permanently stationed in Japan and South Korea,
respectively.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) The benefits to United States national security and
regional security derived from the forward presence of United
States Armed Forces in the Indo-Pacific region, including Japan
and South Korea.
(2) For calendar year 2016 and each subsequent calendar
year, a description of the one-time and recurring costs
associated with the presence of United States Armed Forces in
Japan and South Korea, including--
(A) costs to relocate the Armed Forces within Japan
and South Korea and to realign the Armed Forces from
Japan and South Korea;
(B) military personnel costs;
(C) operation and maintenance costs; and
(D) military construction costs.
(3) A description of direct, indirect, and burden-sharing
contributions of Japan and South Korea, including--
(A) contributions for labor costs associated with
the presence of United States Armed Forces;
(B) contributions to military construction projects
of the Department of Defense, including planning,
design, environmental reviews, construction,
construction management costs, rents on privately-owned
land, facilities, labor, utilities, and vicinity
improvements;
(C) contributions such as loan guarantees on
public-private venture housing and payment-in-kind for
facilities returned to Japan and South Korea;
(D) contributions accepted for labor, logistics,
utilities, facilities, and any other purpose; and
(E) other contributions as determined appropriate
by the Secretary.
(4) The methodology and accounting procedures used to
measure and track direct, indirect, and burden-sharing
contributions made by Japan and South Korea.
(c) Description of Contributions in United States Dollars.--The
report required by subsection (a) shall describe the direct, indirect,
and burden-sharing contributions of Japan and South Korea in United
States dollars and shall specify the exchange rates used to determine
the United States dollar value of such contributions.
(d) Form.--The report required by subsection (a) shall be submitted
in unclassified form without any designation relating to dissemination
control, but may contain a classified annex.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1245. REPORT ON STRATEGY ON THE PHILIPPINES.
(a) Strategy Required.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense, in consultation
with the Secretary of State, shall submit to the appropriate
congressional committees a report describing the Department of
Defense's objectives and strategy for achieving such objectives with
the Philippines.
(b) Elements of Strategy.--The strategy required by subsection (b)
shall include the following:
(1) A description of the national security interests and
objectives of the United States furthered by the Mutual Defense
Treaty between the Republic of the Philippines and the United
States of America.
(2) A description of the regional security environment,
including an assessment of threats to United States national
security interests and the role of the Department of Defense in
addressing such threats, including--
(A) a description of security challenges
detrimental to regional peace and global stability;
(B) a description of violent extremist
organizations present in the Philippines and the
primary objectives of each such organization,
including--
(i) an assessment of the size and
capability of each such organization;
(ii) an assessment of the transnational
threat posed by each such organization;
(iii) an assessment of recent trends in the
capability and influence of each such
organization; and
(iv) a description of the metrics used to
assess the capability and influence of each
such organization.
(3) A description of Department of Defense objectives with
respect to the Philippines and the benchmarks for assessing
progress towards such objectives.
(4) An identification of all current and planned Department
of Defense resources, programs, and activities to support the
strategy, including a review of the necessity of an ongoing
named operation and the criteria used to determine such
necessity.
(5) An identification of all current and planned Department
of Defense security cooperation and other support or assistance
programs or activities in the Philippines, including--
(A) a description of the purpose, objectives, and
type of training, equipment, or assistance provided
under each such program or activity;
(B) an identification of the lead agency
responsible for each such program or activity;
(C) an identification of the authority or
authorities under which each such program or activity
is conducted;
(D) a description of the process and criteria used
to determine utilization between each such authority or
authorities;
(E) a description of how each such program or
activity advances United States national security
interests as it relates to the Department's strategy on
the Philippines;
(F) an identification of the specific units of the
Philippine national security forces to receive
training, equipment, or assistance under each such
program;
(G) a description of the process and criteria by
which specific units of the Philippine national
security forces are selected as recipients of such
programs and activities;
(H) an assessment of the current operational
effectiveness of such units and their command and
control structures and a description of the metrics
used to make and carry out such assessment;
(I) an identification of priority capabilities of
such units to enhance through training, equipment, or
assistance under each such program or activity;
(J) a plan to monitor and assess each such program
or activity to meet its objectives to enhance the
capabilities of each such unit;
(K) a description of the planned posture of United
States Armed Forces and the planned level of engagement
by such forces with elements of the Philippine national
security forces; and
(L) an identification of--
(i) units of the Philippine national
security forces that are alleged or determined
to have committed human rights abuses; and
(ii) units of the Philippine national
security forces that are under the command and
control of any unit identified under clause (i)
or otherwise associated with any such unit.
(6) A description of relations of the Philippines with
other countries in the Indo-Pacific region.
(7) Any other matters the Secretary of Defense determines
should be included.
(c) Form.--The strategy required by subsection (b) shall be
submitted in unclassified form without any designation relating to
dissemination control, but may contain a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1246. MODIFICATION OF ANNUAL REPORT ON MILITARY AND SECURITY
DEVELOPMENTS INVOLVING THE PEOPLE'S REPUBLIC OF CHINA.
(a) Annual Report.--Subsection (a) of section 1202 of the National
Defense Authorization Act for Fiscal Year 2000 (10 U.S.C. 113 note) is
amended by inserting ``, in consultation with the heads of other
Federal departments and agencies as appropriate,'' after ``the
Secretary of Defense''.
(b) Matters to Be Included.--Subsection (b) of such section is
amended by striking paragraph (26) and inserting the following:
``(26) An assessment of Chinese overseas investment,
including a state-owned or controlled digital or physical
infrastructure project of China, and their relationship to
Chinese security and military objectives, including
implications for United States military or government interests
related to denial of access, compromised intelligence
activities, and network advantages.''.
(c) Specified Congressional Committees.--Subsection (c) of such
section is amended--
(1) in paragraph (1), by striking ``and the Committee on
Foreign Relations'' and inserting ``, the Committee on Foreign
Relations, and the Select Committee on Intelligence''; and
(2) in paragraph (2), by striking ``and the Committee on
International Relations'' and inserting ``, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence''.
(d) Other Definitions.--Such section, as so amended, is further
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Other Definitions.--
``(1) In general.--In subsection (b)(26), the term `state-
owned or controlled digital or physical infrastructure project
of China' means a transportation, energy, or information
technology infrastructure project owned, controlled, under the
direct or indirect influence of, or subsidized by the
Government of China, including any agency, instrumentality,
subdivision, or other unit of government at any level of
jurisdiction.
``(2) Owned; controlled.--In paragraph (1)--
``(A) the term `owned', with respect to a project,
means a majority or controlling interest, whether by
value or voting interest, in that project, including
through fiduciaries, agents, or other means; and
``(B) the term `controlled', with respect to a
project, means--
``(i) the power by any means to determine
or influence, directly or indirectly, important
matters affecting the project, regardless of
the level of ownership and whether or not that
power is exercised; and
``(ii) any Chinese company operating in a
sector identified as a strategic industry in
the Chinese Government's `Made in China 2025'
strategy to make China a `manufacturing power'
as a core national interest.''.
SEC. 1247. MODIFICATION OF ANNUAL REPORT ON MILITARY AND SECURITY
DEVELOPMENTS INVOLVING THE PEOPLE'S REPUBLIC OF CHINA.
(a) Annual Report.--Subsection (a) of section 1202 of the National
Defense Authorization Act for Fiscal Year 2000 (10 U.S.C. 113 note) is
amended by inserting ``, in consultation with the heads of other
Federal departments and agencies as appropriate,'' after ``the
Secretary of Defense''.
(b) Matters to Be Included.--Subsection (b) of such section is
amended by adding at the end the following:
``(29) Developments relating to the China Coast Guard (in
this paragraph referred to as the `CCG'), including an
assessment of--
``(A) how the change in the CCG's command structure
to report to China's Central Military Commission
affects the CCG's status as a law enforcement entity;
``(B) the implications of the CCG's command
structure with respect to the use of the CCG as a
coercive tool in `gray zone' activity in the East China
Sea and the South China Sea; and
``(C) how the change in the CCG's command structure
may affect interactions between the CCG and the United
States Navy.
``(30) An assessment of the nature of Chinese military
relations with Russia, including what strategic objectives
China and Russia share and are acting on, and on what
objectives they misalign.
``(31) An assessment of--
``(A) China's expansion of its surveillance state;
``(B) any correlation of such expansion with its
oppression of its citizens and its threat to United
States national security interests around the world;
and
``(C) an overview of the extent to which such
surveillance corresponds to the overall respect, or
lack thereof, for human rights.''.
(c) Specified Congressional Committees.--Subsection (c) of such
section is amended--
(1) in paragraph (1), by striking ``and the Committee on
Foreign Relations'' and inserting ``, the Committee on Foreign
Relations, and the Select Committee on Intelligence''; and
(2) in paragraph (2), by striking ``and the Committee on
International Relations'' and inserting ``, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence''.
SEC. 1248. SENSE OF CONGRESS ON TAIWAN.
It is the sense of Congress that--
(1) the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and
the ``Six Assurances'' are both cornerstones of United States
relations with Taiwan;
(2) the United States should continue to strengthen defense
and security cooperation with Taiwan to support the development
of capable, ready, and modern defense forces necessary for
Taiwan to maintain a sufficient self-defense capability,
including capabilities in support of an asymmetric defense
strategy;
(3) the United States should continue to support the
acquisition by Taiwan of appropriate defensive weapons through
foreign military sales, direct commercial sales, and industrial
cooperation, with a particular emphasis on asymmetric warfare,
information sharing, air defense, and maritime capabilities,
consistent with the Taiwan Relations Act;
(4) the United States should improve the predictability of
arms sales to Taiwan by ensuring timely review of and response
to requests of Taiwan for defense articles and defense services
as well as timely notification to Congress and adherence to
congressional oversight and review procedures; and
(5) the Secretary of Defense, in consultation with the
Secretary of State, should promote policies concerning
cooperation and exchanges that enhance the security of Taiwan,
including exchanges between senior defense officials and
general officers of the United States and Taiwan consistent
with the Taiwan Travel Act (Public Law 115-135).
SEC. 1249. ENHANCING DEFENSE COOPERATION WITH SINGAPORE.
It is the sense of Congress that--
(1) the United States Armed Forces and Singaporean armed
forces have built a strong and enduring security partnership
based on long-standing and mutually beneficial cooperation;
(2) security cooperation between the United States Armed
Forces and Singaporean armed forces is crucial to promoting
peace and stability in the Asia-Pacific region;
(3) Singapore's status as a major security cooperation
partner of the United States, as recognized in the ``2005
Strategic Framework Agreement between the United States and the
Republic of Singapore for a Closer Partnership in Defense and
Security'', has an important role in the promotion of peace and
stability, and global efforts to counter terrorism;
(4) Singapore's provision of access to its military
facilities for the United States has supported the continued
security presence of the United States in Southeast Asia;
(5) the Singaporean armed forces' support of United States-
led multinational reconstruction efforts in Iraq from 2003 to
2008, reconstruction and stabilization efforts in Afghanistan
from 2007 to 2013, counter-piracy operations in the Gulf of
Aden under the ambit of Combined Task Force 151, and
contribution of physical and military assets to the Defeat-ISIS
Coalition since 2014, has contributed to global efforts to
counter terrorism;
(6) in recognition of the enduring security partnership
between the United States and Singapore, the Secretary of
State, in consultation with the Secretary of Defense, should,
in negotiating the renewal of the ``1990 Memorandum of
Understanding Regarding the United States Use of Facilities in
Singapore'' that is due in 2020:
(A) reinforce Singapore's status as a major
security cooperation partner of the United States;
(B) enhance defense cooperation; and
(C) increase interoperability between the United
States Armed Forces and Singaporean armed forces to
promote peace and stability in the Asia-Pacific region.
SEC. 1250. MODIFICATION OF REPORT RELATING TO ENHANCING DEFENSE AND
SECURITY COOPERATION WITH INDIA.
Section 1292(a)(2) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2751 note) is amended--
(1) in subparagraph (B)--
(A) in clause (iv), by striking ``and'' at the end;
(B) in clause (v), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(vi) a description of defense cooperation
between the United States and India in the
Western Indian Ocean, including--
``(I) a description of military
activities of the United States and
India, separately, in the Western
Indian Ocean;
``(II) a description of military
cooperation activities between the
United States and India in the areas of
humanitarian assistance, counter
terrorism, counter piracy, maritime
security, and other areas as the
Secretary determines appropriate;
``(III) a description of how the
relevant geographic combatant commands
coordinate their activities with the
Indian military in the Western Indian
Ocean;
``(IV) a description of the
mechanisms in place to ensure the
relevant geographic combatant commands
maximize defense cooperation with India
in the Western Indian Ocean; and
``(V) areas of future opportunity
to increase military engagement with
India in the Western Indian Ocean.''.
(2) by adding at the end the following:
``(C) Definitions.--In subparagraph (B)(vi):
``(i) Relevant geographic combatant
commands.--The term `relevant geographic
combatant commands' means the United States
Indo-Pacific Command, United States Central
Command, and United States Africa Command.
``(ii) Western indian ocean.--The term
`Western Indian Ocean' means the area in the
Indian Ocean extending from the west coast of
India to the east coast of Africa.''.
SEC. 1250A. REPORT ON EXPANSION OF SECURITY COOPERATION AND ASSISTANCE
TO PACIFIC ISLAND COUNTRIES.
(a) In General.--Not later than March 31, 2020, the Secretary of
Defense and the Secretary of State shall jointly submit to the
appropriate congressional committees a report on the current status of
security cooperation and assistance with Pacific Island countries and
the feasibility of expanding such cooperation and assistance. At a
minimum, the report shall include the following foreign countries:
(1) Papua New Guinea.
(2) Vanuatu.
(3) The Solomon Islands.
(4) Fiji.
(5) The Federated States of Micronesia.
(6) Palau.
(7) Kiribati.
(8) The Marshall Islands.
(9) Nauru.
(10) Tonga.
(b) Matters to Be Included.--The report required by subsection (a)
should include the following:
(1) An identification of elements of the theater campaign
plan of the geographic combatant command concerned and the
interagency integrated country strategy that will be advanced
by expansion of security cooperation and assistance programs
and activities with countries identified in subsection (a).
(2) An assessment of each country's capabilities, a
description of each country's capability enhancement
priorities, and a discussion of United States security
cooperation and assistance authorities (to include the Indo-
Pacific Maritime Security Initiative under section 333 of title
10, United States Code, International Military Education and
Training, Foreign Military Financing, International Narcotics
Control and Law Enforcement, and the transfer of excess defense
articles) and how such authorities may be utilized to enhance
the priority capabilities of each such country.
(3) A description of absorption capacity and sustainability
issues for each foreign country and a plan to resolve such
issues.
(4) An identification of the estimated annual cost for such
assistance and training for fiscal year 2020 through fiscal
year 2025.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations and the Subcommittee
on State, Foreign Operations, and Related Programs of the
Committee on Appropriations of the Senate; and
(3) the Committee on Foreign Affairs and the Subcommittee
on State, Foreign Operations, and Related Programs of the
Committee on Appropriations of the House of Representatives.
SEC. 1250B. REPORT ON FOREIGN MILITARY ACTIVITIES IN PACIFIC ISLAND
COUNTRIES.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Under Secretary of Defense for Intelligence,
in coordination with the Director of the Defense Intelligence Agency
and the Director of National Intelligence, shall submit to the
congressional defense committees a report specifying and analyzing--
(1) strategic interests of foreign militaries in Pacific
Island countries, known or emerging foreign partnerships or
alliances with non-Pacific Island countries, and foreign
military training, exercises, or operations in the region,
excluding with countries who are members of the Southeast Asia
Treaty Organization;
(2) gaps in intelligence collection capabilities and
activities that prevent or may prevent a comprehensive
understanding of current intelligence assessments for Pacific
Island countries; and
(3) plans to overcome any current intelligence collection
deficiencies, including an analysis of both United States and
allied and partner intelligence collection capabilities and
activities.
(b) Pacific Island Country Defined.--In this section, the term
``Pacific Island country'' includes any of the following countries: The
Republic of Fiji, the Republic Kiribati, the Marshall Islands, the
Federated States of Micronesia, the Republic of Nauru, the Republic of
Palau, the Independent State of Samoa, the Solomon Islands, the Kingdom
of Tonga, Tuvalu, and the Republic of Vanuatu.
SEC. 1250C. REPORT ON ZTE COMPLIANCE WITH SUPERSEDING SETTLEMENT
AGREEMENT AND SUPERSEDING ORDER.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the President shall
submit to Congress a report on the compliance of Zhongxing
Telecommunications Equipment Corporation (ZTE Corporation) and ZTE
Kangxun Telecommunications Ltd. (ZTE Kangxun) (collectively, ``ZTE'')
with the Superseding Settlement Agreement and Superseding Order reached
with the Department of Commerce on June 8, 2018.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form and publicly accessible, but may include a
classified annex.
SEC. 1250D. LIMITATION ON REMOVAL OF HUAWEI TECHNOLOGIES CO. LTD. FROM
ENTITY LIST OF BUREAU OF INDUSTRY AND SECURITY.
The Secretary of Commerce may not remove Huawei Technologies Co.
Ltd. (in this section referred to as ``Huawei'') from the entity list
maintained by the Bureau of Industry and Security and set forth in
Supplement No. 4 to part 744 of title 15, Code of Federal Regulations,
until the Secretary certifies to Congress that--
(1) neither Huawei nor any senior officers of Huawei have
engaged in actions in violation of sanctions imposed by the
United States or the United Nations in the 5-year period
preceding the certification;
(2) Huawei has not engaged in theft of United States
intellectual property in that 5-year period;
(3) Huawei does not pose an ongoing threat to United States
telecommunications systems or critical infrastructure; and
(4) Huawei does not pose a threat to critical
infrastructure of allies of the United States.
SEC. 1250E. SENSE OF CONGRESS ON THE ENDURING UNITED STATES COMMITMENT
TO THE FREELY ASSOCIATED STATES.
It is the sense of Congress that--
(1) the United States has strong and enduring interests in
the security and prosperity of Oceania and the Western Pacific
region, including close relationships with the countries of
Palau, the Marshall Islands and the Federated States of
Micronesia, with whom the United States shares Compacts of Free
Association;
(2) the United States and the Freely Associated States
share values including democracy and human rights, as well as
mutual interest in a free, open and prosperous Indo-Pacific
region;
(3) the United States should expand support to the Freely
Associated States on issues of concern, including climate
change mitigation, protection of the marine environment and
maritime law enforcement;
(4) the United States should expeditiously begin
negotiations on the renewal of the Compacts of Free Association
and conclude such negotiations prior to the expiration of the
current compacts in 2023 and 2024; and
(5) the United States honors the service of the men and
women of the Freely Associated States who serve in the United
States Armed Forces.
SEC. 1250F. REPORT BY DEFENSE INTELLIGENCE AGENCY ON CERTAIN MILITARY
CAPABILITIES OF CHINA AND RUSSIA.
(a) Report.--The Director of the Defense Intelligence Agency shall
submit to the Secretary of Defense and the appropriate congressional
committees a report on the military capabilities of China and Russia.
(b) Matters Included.--The report under subsection (a) shall
include, with respect to the military of China and the military of
Russia, the following:
(1) An update on the presence, status, and capability of
the military with respect to any national training centers
similar to the Combat Training Center Program of the United
States.
(2) An analysis of a readiness deployment cycle of the
military, including--
(A) as compared to such a cycle of the United
States; and
(B) an identification of metrics used in the
national training centers of that military.
(3) A comprehensive investigation into the capability and
readiness of the mechanized logistics of the army of the
military, including--
(A) an analysis of field maintenance, sustainment
maintenance, movement control, intermodal operations,
and supply; and
(B) how such functions under subparagraph (A)
interact with specific echelons of that military.
(4) An assessment of the future of mechanized army
logistics of the military.
(c) Nonduplication of Efforts.--The Defense Intelligence Agency may
make use of or add to any existing reports completed by the Agency in
order to respond to the reporting requirement under subsection (a).
(d) Form.--The report under subsection (a) may be submitted in
classified form.
(e) Briefing.--The Director shall provide a briefing to the
Secretary and the committees specified in subsection (a) on the report
under such subsection.
(f) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Permanent Select
Committee on Intelligence, and the Committee on Foreign Affairs
of the House of Representatives; and
(2) the Committee on Armed Services, the Select Committee
on Intelligence, and the Committee on Foreign Relations of the
Senate.
SEC. 1250G. REPORT ON CYBERSECURITY ACTIVITIES WITH TAIWAN.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report on the following:
(1) The feasibility of establishing a high-level,
interagency United States-Taiwan working group for coordinating
responses to emerging issues related to cybersecurity.
(2) A discussion of the Department of Defense's current and
future plans to engage with Taiwan in cybersecurity activities.
(3) A discussion of obstacles encountered in forming,
executing, or implementing agreements with Taiwan for
cybersecurity activities.
(4) Any other matters the Secretary of Defense determines
should be included.
SEC. 1250H. SENSE OF CONGRESS ON UNITED STATES-INDIA DEFENSE
RELATIONSHIP.
It is the sense of Congress that the United States should
strengthen and enhance its major defense partnership with India and
work toward the following mutual security and diplomatic objectives:
(1) Expanding engagement in multilateral frameworks,
including the quadrilateral dialogue among the United States,
India, Japan, and Australia, to promote regional security and
defend shared values and common interests in the rules-based
order.
(2) Increasing the frequency and scope of exchanges between
senior civilian officials and military officers of the United
States and India to support the development and implementation
of the major defense partnership.
(3) Exploring additional steps to implement the major
defense partner designation to better facilitate
interoperability, information sharing, and appropriate
technology transfers.
(4) Pursuing strategic initiatives to help develop the
defense capabilities of India.
(5) Conducting additional combined exercises with India in
the Persian Gulf, Indian Ocean, and western Pacific regions.
(6) Furthering cooperative efforts to promote stability and
security in Afghanistan.
SEC. 1250I. UNITED STATES-INDIA DEFENSE COOPERATION IN THE WESTERN
INDIAN OCEAN.
(a) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the relevant congressional committees a report on
defense cooperation between the United States and India in the
Western Indian Ocean.
(2) Matters to be included.--The report required by
paragraph (1) shall include the following:
(A) A description of military activities of the
United States and India, separately, in the Western
Indian Ocean.
(B) A description of military cooperation
activities between the United States and India in the
areas of humanitarian assistance, counterterrorism,
counter piracy, maritime security, and other areas as
the Secretary determines appropriate.
(C) A description of how the relevant geographic
combatant commands coordinate their activities with the
Indian military in the Western Indian Ocean.
(D) A description of the mechanisms in place to
ensure the relevant geographic combatant commands
maximize defense cooperation with India in the Western
Indian Ocean.
(E) A description of how the major defense
partnership with India will be utilized to enhance
cooperation with India in the Western Indian Ocean.
(F) Areas of future opportunity to increase
military engagement with India in the Western Indian
Ocean.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(b) Definitions.--In this section:
(1) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Armed Services, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Armed Services, and the Committee on Appropriations
of the House of Representatives.
(2) Relevant geographic combatant commands.--The term
``relevant geographic combatant commands'' means the United
States Indo-Pacific Command, United States Central Command, and
United States Africa Command.
(3) Western indian ocean.--The term ``Western Indian
Ocean'' means the area in the Indian Ocean extending from the
west coast of India to the east coast of Africa.
SEC. 1250J. CHINESE FOREIGN DIRECT INVESTMENT IN COUNTRIES OF THE
ARCTIC REGION.
(a) Findings.--Congress finds the following:
(1) China is projecting a physical presence in the Arctic
through upgrading to advanced icebreakers, utilizing the Arctic
Ocean more regularly through subsidizing arctic shipping,
deploying unmanned ice stations, and engaging in large and
sophisticated data collection efforts in countries of the
Arctic region, including Iceland, Greenland, and Canada.
(2) The 2017 Center for Naval Analysis (CNA) report
``Unconstrained Foreign Direct Investment: An Emerging
Challenge to Arctic Security'' concluded that China has been
actively engaged in economies of countries of the Arctic
region.
(3) The CNA report documented a pattern of strategic
investment by China in the economies of countries of the Arctic
region, including the United States, Canada, Greenland,
Iceland, Norway, and Russia, in areas such as raw land, oil and
gas, minerals, and infrastructure.
(4) Chinese investments in countries of the Arctic region
are significant. For instance, Chinese foreign direct
investment constituted nearly 12 percent of Greenland's gross
domestic product for the period from 2012 to 2017.
(5) China's 2018 Arctic Policy White Paper documented the
Chinese intent to create a ``Polar Silk Road'' in the Arctic.
(6) China's ``Polar Silk Road'' is an extension of China's
Belt and Road Initiative (BRI).
(7) China is increasingly using the BRI as the impetus for
increasing People's Liberation Army deployments to regions
where China has significant investments, primarily through BRI.
(8) China has demonstrated an interest in using BRI to gain
military access to strategic regions.
(9) Understanding how China's foreign direct investment in
countries of the Arctic region affects such countries is
critical to understanding the degree to which China is able to
access the region.
(b) Independent Study.--
(1) In general.--Not later than 45 days after the date of
enactment of this Act, the Secretary of Defense shall seek to
enter into a contract with a federally-funded research and
development center described in paragraph (2) to complete an
independent study of Chinese foreign direct investment in
countries of the Arctic region, with a focus on the effects of
such foreign direct investment on United States national
security and near-peer competition in the Arctic region.
(2) Federally-funded research and development center
described.--A federally-funded research and development center
described in this paragraph is a federally-funded research and
development center that--
(A) has access to relevant data and demonstrated
data-sets regarding foreign direct investment in the
Arctic region; and
(B) has access to policy experts throughout the
United States and the Arctic region.
(c) Elements.--The study required by subsection (b) shall include
the following:
(1) Projects in the Arctic that are directly or indirectly
funded by public and private Chinese entities, to--
(A) build public infrastructure;
(B) finance of infrastructure;
(C) lease mineral and oil and gas leases;
(D) purchase real estate;
(E) extract or process, including smelting,
minerals and oil and gas;
(F) engage in shipping or to own and operate or
construct shipping infrastructure, including ship
construction;
(G) lay undersea cables; and
(H) manufacture, own or operate telecommunications
capabilities and infrastructure.
(2) An analysis the legal environment in which Chinese
foreign direct investment are occurring in the United States,
Russia, Canada, Greenland, Norway, and Iceland. The analysis
should include--
(A) an assessment of the efficacy of mechanisms for
screening foreign direct investment in the United
States, Russia, Canada, Greenland, Norway, and Iceland;
(B) an assessment of the degree to which there is
transparency in Chinese foreign direct investment in
countries of the Arctic region;
(C) an assessment of the criteria used to assess
potential Chinese foreign direct investment in
countries of the Arctic region;
(D) an assessment of the efficacy of methods for
monitoring approved Chinese foreign direct investment
in countries of the Arctic region; and
(E) an assessment of public reporting of the
decision to approve such Chinese foreign direct
investment.
(3) A comparison of Chinese foreign direct investment in
countries of the Arctic region to other countries with major
investments in such countries, including India, Japan, South
Korea, the Netherlands, and France.
(4) An assessment of the environmental impact of past
Chinese investments in oil and gas, mineral, and infrastructure
projects in the Arctic region, including the degree to which
Chinese investors are required to comply with local
environmental laws and post bonds to assure remediation if a
project becomes bankrupt.
(5) A review of the 2018 Chinese Arctic Policy and other
relevant public and nonpublic Chinese policy documents to
determine the following:
(A) China's strategic objectives in the Arctic
region from a military, economic, territorial, and
political perspective.
(B) China's goals in the Arctic region with respect
to its relations with the United States and Russia,
including the degree to which activities of China in
the region are an extension of China's strategic
competition with the United States.
(C) Whether any active or planned infrastructure
investments are likely to result in a regular presence
of Chinese military vessels or the establishment of
military bases in the Arctic region.
(D) The extent to which Chinese research activities
in the Arctic region are a front for economic
activities, including illegal economic espionage,
intelligence gathering, and support for future Chinese
military activities in the region.
(E) The degree to which Arctic littoral states are
susceptible to the political and economic risks of
unregulated foreign direct investment.
(F) The vulnerability of semi-autonomous regions,
such as tribal lands, to Chinese foreign direct
investment, including the influence of legal controls
and political or economic manipulation with respect to
such vulnerability.
(G) The implications of China's Arctic development
and participation model with respect to forecasting
China's military, economy, territorial, and political
activities.
(6) Policy and legislative recommendations to enhance the
position of the United States in affairs of the Arctic region,
including--
(A) recommendations for how the United States would
best interact with nongovernmental organizations such
as the World Bank, Arctic Council, United Nations
General Assembly, and International Maritime
Organization;
(B) recommendation to pursue or not pursue the
formation of an Arctic Development Bank and, if
pursued, how to organize, fund, and operate the bank;
(C) measures the United States can take to promote
regional governance and eliminate the soft-power
influence from Chinese foreign direct investment, in
particular, steps where the United States and Russia
should cooperate; and
(D) the possibility of negotiating a regional
arrangement to regulate foreign direct investment in
countries of the Arctic region.
(d) Report to Department of Defense.--Not later than 720 days after
the date of the enactment of this Act, the federally-funded research
and development center with respect to which the Secretary of Defense
has entered into a contract under subsection (b) shall submit to the
Secretary a report containing the study under subsections (b) and (c).
(e) Report to Congress.--Not later than 750 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees the report under subsection (d),
without change.
(f) Appropriate Congressional Committee Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations and the Committee on
Commerce, Science, and Transportation of the Senate; and
(3) the Committee on Foreign Affairs and the Committee on
Transportation and Infrastructure of the House of
Representatives.
SEC. 1250K. SENSE OF CONGRESS ON NORTH KOREA.
It is the sense of Congress that--
(1) diplomacy is essential to address the illegal nuclear
program of North Korea;
(2) every effort should be made to avoid a military
confrontation with North Korea, as it would pose extreme risks
to--
(A) United States military personnel;
(B) noncombatants, including United States citizens
and citizens of United States allies; and
(C) regional security;
(3) the United States should pursue a sustained and
credible diplomatic process to achieve the denuclearization of
North Korea and an end to the 69-year-long Korean War; and
(4) until such time as North Korea no longer poses a threat
to the United States or United States allies, the United States
should, in concert with such allies, continue to deter North
Korea through credible defense and deterrence posture.
Subtitle F--Matters Relating to Europe and NATO
SEC. 1251. EXTENSION AND MODIFICATION OF NATO SPECIAL OPERATIONS
HEADQUARTERS.
(a) Authorization.--Subsection (a) of section 1244 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2541) is amended by striking ``2020'' and inserting ``2023''.
(b) Repeal of Certification; Limitation.--Such section is amended--
(1) by striking subsection (c); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Limitation.--Of the amounts made available under subsection
(a) for fiscal year 2020, not more than 90 percent of such amounts may
be obligated or expended until the Secretary of Defense, acting through
the Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict, submits to the congressional defense committees a
report on the rearrangement of responsibilities for overseeing and
supporting NSHQ from U.S. Special Operations Command to U.S. European
Command in 2019, including--
``(1) a justification and description of the impact of such
rearrangement; and
``(2) a description of how such rearrangement will
strengthen the role of the NSHQ in fostering special operations
capabilities within NATO.''.
(c) Annual Report.--Such section, as so amended, is further amended
by adding at the end the following new subsection:
``(d) Annual Report.--Not later than March 1 of each year until
2024, the Secretary of Defense shall submit to the congressional
defense committees and the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of Representatives a
report regarding support for the NSHQ. Each report shall include the
following:
``(1) The total amount of funding provided by the United
States and other NATO nations to the NSHQ for operating costs
of the NSHQ.
``(2) A description of the activities carried out with such
funding, including--
``(A) the amount of funding allocated for each such
activity;
``(B) the extent to which other NATO nations
participate in each such activity;
``(C) the extent to which each such activity is
carried out in coordination or cooperation with the
Joint Special Operations University;
``(D) the extent to which each such activity is
carried out in relation to other security cooperation
activities, exercises, or operations of the Department
of Defense;
``(E) the extent to which each such activity is
designed to meet the purposes set forth in paragraphs
(1) through (5) of subsection (b); and
``(F) an assessment of the extent to which each
such activity will promote the mission of the NSHQ.
``(3) Other contributions, financial or in kind, provided
by the United States and other NATO nations in support of the
NSHQ.
``(4) Any other matters that the Secretary of Defense
considers appropriate.''.
SEC. 1252. MODIFICATION AND EXTENSION OF FUTURE YEARS PLAN AND PLANNING
TRANSPARENCY FOR THE EUROPEAN DETERRENCE INITIATIVE.
(a) Plan Required.--Section 1273(a) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat.
1696) is amended--
(1) in paragraph (1), by striking ``the date of the
enactment of this Act'' and inserting ``the date of the
enactment of the National Defense Authorization Act for Fiscal
Year 2020, and annually thereafter''; and
(2) in paragraph (2) to read as follows:
``(2) Applicability.--The initial plan shall apply with
respect to fiscal year 2021 and at least the four succeeding
fiscal years and each subsequent plan shall apply with respect
to the next subsequent fiscal year and at least the four
succeeding fiscal years.''.
(b) Budget Display Information.--The Secretary of Defense shall
include in the materials submitted to Congress by the Secretary in
support of the budget of the President for fiscal year 2021 and each
fiscal year thereafter (as submitted under section 1105 of title 31,
United States Code), a detailed budget display for the European
Deterrence Initiative that includes the following information
(regardless of whether the funding line is for overseas contingency
operations):
(1) With respect to procurement accounts--
(A) amounts displayed by account, budget activity,
line number, line item, and line item title; and
(B) a description of the requirements for each such
amounts specific to the Initiative.
(2) With respect to research, development, test, and
evaluation accounts--
(A) amounts displayed by account, budget activity,
line number, program element, and program element
title; and
(B) a description of the requirements for each such
amounts specific to the Initiative.
(3) With respect to operation and maintenance accounts--
(A) amounts displayed by account title, budget
activity title, line number, and subactivity group
title; and
(B) a description of how such amounts will
specifically be used.
(4) With respect to military personnel accounts--
(A) amounts displayed by account, budget activity,
budget subactivity, and budget subactivity title; and
(B) a description of the requirements for each such
amounts specific to the Initiative.
(5) With respect to each project under military
construction accounts (including with respect to unspecified
minor military construction and amounts for planning and
design), the country, location, project title, and project
amount by fiscal year.
SEC. 1253. PROTECTION OF EUROPEAN DETERRENCE INITIATIVE FUNDS FROM
DIVERSION FOR OTHER PURPOSES.
(a) Report on Obligation of Funds.--
(1) In general.--Not later than 15 days after any
obligation of funds in an amount of $10,000,000 or more for the
European Deterrence Initiative for fiscal year 2020 and each
fiscal year thereafter, the Secretary of Defense shall submit
to the congressional defense committees a report on that
obligation of such funds for that fiscal year.
(2) Matters to be included.--Each report under paragraph
(1) shall specify--
(A) the activities and forms of assistance for
which the Secretary obligated such funds; and
(B) the amount of the obligation.
(b) End of Fiscal Year Report.--Not later than November 30, 2020,
and annually thereafter, the Secretary of Defense shall submit to the
congressional defense committees a report that contains--
(1) a detailed summary of funds obligated for the European
Deterrence Initiative for the preceding fiscal year; and
(2) a detailed comparison of funds obligated for the
European Deterrence Initiative for the preceding fiscal year to
amounts requested for the Initiative for that fiscal year in
the materials submitted to Congress by the Secretary in support
of the budget of the President for that fiscal year as required
by section 1252(b), including with respect to each of the
accounts described in paragraphs (1), (2), (3), (4), and (5) of
section 1252(b) and the information required under each such
paragraph.
SEC. 1254. STATEMENT OF POLICY ON UNITED STATES MILITARY INVESTMENT IN
EUROPE.
It is the policy of the United States to develop, implement, and
sustain a credible deterrent against aggression and long-term strategic
competition by the Government of Russia in order to enhance regional
and global security and stability, including by the following:
(1) Increased United States presence in Europe, including
additional permanently stationed forces, continued rotational
deployments, increased pre-positioned military equipment, and
sufficient and necessary infrastructure additions and
improvements throughout Europe.
(2) Planning regarding the United States military footprint
in Europe to recognize the essential role played by United
States allies and partners in establishing deterrence and
advancing regional and global security and stability.
(3) Commitment to the North Atlantic Treaty Organization
(NATO) and its founding values and commitments by NATO allies
to the common defense, including NATO goals regarding defense
investments, and to NATO's founding principles of democracy,
individual liberty, and the rule of law.
(4) Planning to ensure the United States military footprint
in Europe is holistic and geographically appropriate for a
comprehensive response to the challenges posed by the
Government of Russia across numerous European fronts.
(5) Commitment to United States Government investment and
prioritization of efforts in Europe, particularly through
efforts led by the Department of State, to counter the
Government of Russia's global campaign to interfere in and
undermine democratic systems of government, elections, values,
and institutions, and disrupt United States alliances and
partnerships, through indirect action (such as information
operations intended to influence), including robust information
sharing and cooperation with partners and allies to counter
influence campaigns and sufficient cyber, counter-messaging,
and intelligence resources.
(6) Planning to take into account the importance of
strategic stability, arms control, and strategic dialogue as
they contribute to United States national security, collective
defense, and regional and global security.
(7) Encouraging increased communication by NATO officials,
to raise awareness of the Alliance's mission, efforts, and
concerns achieved by actively engaging with Congress and the
executive branch.
SEC. 1255. LIMITATION ON TRANSFER OF F-35 AIRCRAFT TO TURKEY.
(a) Limitation.--Except as provided in subsection (b), no funds
authorized to be appropriated or otherwise made available to the
Department of Defense for fiscal year 2020 may be obligated or
expended--
(1) to transfer, facilitate the transfer, or authorize the
transfer of, any F-35 aircraft or related support equipment or
parts to Turkey;
(2) to transfer intellectual property, technical data, or
material support necessary for or related to any maintenance or
support of the F-35 aircraft necessary to establish Turkey's
indigenous F-35 capability; or
(3) to construct a storage facility for, or otherwise
facilitate the storage in Turkey of, any F-35 aircraft
transferred to Turkey.
(b) Exception.--The Secretary of Defense, jointly with the
Secretary of State, may waive the limitation under subsection (a) only
if such Secretaries submit to the appropriate congressional committees
a written certification that contains a determination of such
Secretaries, and any relevant documentation that forms the basis for
the determination, that--
(1) the Government of Turkey has provided credible
assurances that Turkey will not accept delivery of the S-400
air and missile defense system from Russia; or
(2) if the Government of Turkey has previously accepted
delivery of the S-400 air and missile defense system from the
Russia, the Government of Turkey--
(A) no longer possesses the S-400 air and missile
defense system or any other equipment, materials, or
personnel associated with such system; and
(B) has provided credible assurances that it will
not in the future accept delivery of the S-400 air and
missile defense system.
(c) Applicability.--The limitation under subsection (a) does not
apply with respect to F-35 aircraft operated by the United States Armed
Forces.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives.
(2) Transfer.--The term ``transfer'' includes, with respect
to an F-35 aircraft, the physical relocation of the F-35
aircraft outside of the United States.
SEC. 1256. REPORT ON VALUE OF INVESTMENTS IN DUAL USE INFRASTRUCTURE
PROJECTS BY NATO MEMBER STATES.
(a) In General.--Not later than June 1, 2020, the Secretary of
Defense, jointly with the Secretary of State, shall submit to the
appropriate congressional committees a report on the value of
investments in dual use infrastructure projects by the member states of
the North Atlantic Treaty Organization (NATO) in order to improve
military mobility and interoperability across Europe.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) The value to collective deterrence provided by
investments in dual use infrastructure projects by the member
states of NATO in order to meet the military mobility goals set
out at the 2018 NATO Summit in Brussels.
(2) An assessment of proposed dual use infrastructure
projects for NATO.
(3) A assessment of proposed of dual use infrastructure
projects with respect to which the United States can provide
support, including a recommended prioritization of such
projects.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives.
(2) Dual use infrastructure projects.--The term ``dual use
infrastructure projects'' means those projects identified by
the European Commission Action Plan on Military Mobility as
necessary to improve the trans-European transport network (TEN-
T) to meet the military requirements for military mobility
within and beyond the European Union.
SEC. 1257. SENSE OF CONGRESS ON SUPPORT FOR POLAND.
(a) Findings.--Congress makes the following findings:
(1) Poland has been a valued member of the North Atlantic
Treaty Organization (NATO) since 1999 and an important ally of
the United States, contributing to the collective defense of
NATO allies and deterrence in Europe.
(2) Poland has made significant contributions of forces to
United States and NATO-led military operations in Afghanistan,
Iraq, Kosovo, and countering the Islamic State in Iraq and
Syria.
(3) Poland contributed at least 2 percent of its gross
domestic product to defense spending in 2018, meeting its
commitment under the Wales Declaration.
(4) Poland currently hosts on a rotational basis United
States forces from the Armored Combat Brigade Team, a Combat
Aviation Brigade, a NATO enhanced Forward Presence Battalion,
and a U.S. Aegis Ashore missile defense site.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States reaffirms its support for the
principle of collective defense in Article 5 of the North
Atlantic Treaty for its NATO allies, including Poland;
(2) the United States appreciates the important role that
Poland plays in NATO efforts to sustain credible deterrence in
Europe;
(3) the United States supports continued defense
cooperation and continued exploration of opportunities for
joint military cooperation, infrastructure enhancement, and
defense investment with Poland; and
(4) the current and planned projects in Poland funded by
the European Deterrence Initiative should be fully implemented
in order to support existing and future United States military
activity.
SEC. 1258. EUROPEAN CENTER OF EXCELLENCE FOR COUNTERING HYBRID THREATS.
(a) In General.--Of the amounts authorized to be appropriated by
this Act, the Secretary of Defense shall provide $2,000,000 for the
European Center of Excellence for Countering Hybrid Threats (in this
section referred to as the ``Center'') to--
(1) enhance the ability of military forces and civilian
personnel of countries participating in the Center to engage in
joint hybrid warfare exercises or coalition or international
military operations; and
(2) improve interoperability between the armed forces and
the military forces of friendly foreign countries in the area
of hybrid warfare.
(b) Certification.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall--
(1) certify to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives that the Secretary of Defense has assigned
executive agent responsibilities for the Center to an
appropriate organization within the Department of Defense; and
(2) detail the steps being undertaken to strengthen the
role of the Center in fostering hybrid warfare defense
capabilities and coordination within NATO and the European
Union.
(c) Funding.--
(1) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance,
Defense-wide, as specified in the corresponding funding table
in section 4301, for Office of the Secretary of Defense, is
hereby increased by $2,000,000.
(2) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding table
in section 4201, for Advanced Innovative Technology, is hereby
reduced by $2,000,000.
SEC. 1259. SENSE OF CONGRESS ON EUROPEAN INVESTMENTS IN NATIONAL
SECURITY.
It is the sense of Congress that--
(1) the North Atlantic Treaty Organization (NATO) is
central to United States-European defense matters; and
(2) military cooperation and coordination in Europe among
NATO member countries should complement NATO efforts and not
detract from NATO military system interoperability and burden
sharing among NATO allies.
SEC. 1260. BRIEFING ON DEPARTMENT OF DEFENSE PROGRAM TO PROTECT UNITED
STATES STUDENTS AGAINST FOREIGN AGENTS.
Not later than 240 days after the date of the enactment of this
Act, the Secretary of Defense shall provide a briefing to the
congressional defense committees on the program described in section
1277 of the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91), including an assessment on whether the program is
beneficial to students interning, working part time, or in a program
that will result in employment post-graduation with Department of
Defense components and contractors.
SEC. 1260A. NATO SUPPORT ACT.
(a) Findings.--Congress finds that:
(1) The North Atlantic Treaty Organization (NATO), which
came into being through the North Atlantic Treaty, which
entered into force on April 4, 1949, between the United States
of America and the other founding members of the North Atlantic
Treaty Organization, has served as a pillar of international
peace and stability, a critical component of United States
security, and a deterrent against adversaries and external
threats.
(2) The House of Representatives affirmed in H. Res. 397,
on June 27, 2017, that--
(A) NATO is one of the most successful military
alliances in history, deterring the outbreak of another
world war, protecting the territorial integrity of its
members, and seeing the Cold War through to a peaceful
conclusion;
(B) NATO remains the foundation of United States
foreign policy to promote a Europe that is whole, free,
and at peace;
(C) the United States is solemnly committed to the
North Atlantic Treaty Organization's principle of
collective defense as enumerated in Article 5 of the
North Atlantic Treaty; and
(D) the House of Representatives--
(i) strongly supports the decision at the
NATO Wales Summit in 2014 that each alliance
member would aim to spend at least 2 percent of
its nation's gross domestic product on defense
by 2024;
(ii) condemns any threat to the
sovereignty, territorial integrity, freedom and
democracy of any NATO ally; and
(iii) welcomes the Republic of Montenegro
as the 29th member of the NATO Alliance.
(b) Statement of Policy.--It is the policy of the United States--
(1) to remain a member in good standing of NATO;
(2) to reject any efforts to withdraw the United States
from NATO, or to indirectly withdraw from NATO by condemning or
reducing contributions to NATO structures, activities, or
operations, in a manner that creates a de facto withdrawal;
(3) to continue to work with NATO members to meet their
2014 Wales Defense Investment Pledge commitments; and
(4) to support robust United States funding for the
European Deterrence Initiative, which increases the ability of
the United States and its allies to deter and defend against
Russian aggression.
(c) Prohibition on the Use of Funds to Withdraw From NATO.--
Notwithstanding any other provision of law, no funds are authorized to
be appropriated, obligated, or expended to take any action to withdraw
the United States from the North Atlantic Treaty, done at Washington,
DC on April 4, 1949, between the United States of America and the other
founding members of the North Atlantic Treaty Organization.
SEC. 1260B. EXTENSION AND MODIFICATION OF SECURITY ASSISTANCE FOR
BALTIC COUNTRIES FOR JOINT PROGRAM FOR INTEROPERABILITY
AND DETERRENCE AGAINST AGGRESSION.
(a) Additional Major Defense Articles and Services.--Subsection (c)
of section 1279D of the National Defense Authorization Act for Fiscal
Year 2018 (22 U.S.C. 2753 note) is amended--
(1) in the matter preceding paragraph (1), by inserting
``major'' before ``defense articles and services'';
(2) in paragraph (5), by inserting ``major'' before
``defense articles and services'';
(3) by redesignating paragraph (5), as so amended, as
paragraph (6); and
(4) by inserting after paragraph (4) the following new
paragraph:
``(5) Intelligence, surveillance, and reconnaissance
equipment.''.
(b) Funding.--Subsection (f) of such section 1279D is amended--
(1) in paragraph (2), by striking ``$100,000,000'' and
inserting ``$125,000,000''; and
(2) by adding at the end the following new paragraph:
``(3) Matching amount.--The amount of assistance provided
under subsection (a) for procurement described in subsection
(b) may not exceed the aggregate amount contributed to such
procurement by the Baltic nations.''.
(c) Extension.--Subsection (g) of such section 1279D is amended by
striking ``December 31, 2020'' and inserting ``December 31, 2021''.
(d) Conforming Amendment.--Subsection (b) of such section 1279D is
amended by inserting ``major'' before ``defense articles and services''
each place it appears.
(e) Report on Use of Funding Authority.--Not later than January 1,
2021, the Secretary of Defense shall submit to the congressional
defense committees a report that includes the following:
(1) Whether the authority to provide assistance pursuant to
section 1279D was used in the previous calendar year.
(2) A description of the manner in which funds made
available for assistance through such authority, if any, were
used during such year.
(3) Whether alternative sources of funding exist to provide
the assistance described in section 1279D.
(4) Whether any alternative authorities exist under which
the Secretary can provide such assistance.
Subtitle G--Other Matters
SEC. 1261. SENSE OF CONGRESS ON UNITED STATES PARTNERS AND ALLIES.
It is the sense of Congress that--
(1) United States partners and allies are critical to
achieving United States national security interests and defense
objectives around the world;
(2) strong military-to-military relationships with partners
and allies have helped to solidify and undergird the post-World
War II international order and enhanced the United States'
security through common defense; and
(3) the United States should pursue a long-term policy to
strengthen existing military-to-military relationships and
cooperation with partners and allies to achieve mutual
objectives, and build new relationships based on common values
and shared interests.
SEC. 1262. MODIFICATION TO REPORT ON LEGAL AND POLICY FRAMEWORKS FOR
THE USE OF MILITARY FORCE.
Section 1264 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1689) is amended--
(1) in the heading for subsection (a), by striking
``Initial'' and inserting ``Annual'';
(2) in subsection (a)(1), by striking ``90 days after the
date of the enactment of this Act'' and inserting ``March 1 of
each year'';
(3) in subsection (a)(2), by striking ``during the period''
and all that follows to the end and inserting ``from the
preceding year, including--
``(A) a list of all foreign forces, irregular
forces, groups, or individuals for which a
determination has been made that force could legally be
used under the Authorization for Use of Military Force
(Public Law 107-40), including--
``(i) the legal and factual basis for such
determination; and
``(ii) a description of whether force has
been used against each such foreign force,
irregular force, group, or individual; and
``(B) the criteria and any changes to the criteria
for designating a foreign force, irregular force,
group, or individual as lawfully targetable, as a high
value target, and as formally or functionally a member
of a group covered under the Authorization for Use of
Military Force.''; and
(4) in subsection (c), by adding at the end the following:
``The unclassified portion of each report shall, at a minimum,
include each change made to the legal and policy frameworks
during the preceding year and the legal, factual, and policy
justifications for such changes, and shall be made available to
the public at the same time it is submitted to the appropriate
congressional committees.''.
SEC. 1263. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL REPORT
SUBMITTED ON DEPARTMENT OF DEFENSE AWARDS AND
DISCIPLINARY ACTION AS A RESULT OF THE 2017 INCIDENT IN
NIGER.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2020 for Operation and Maintenance,
Defense-Wide, Office of the Secretary of Defense, for Travel of
Persons, not more than 80 percent of such funds may be obligated or
expended until the date on which the Secretary of Defense submits to
the congressional defense committees a report that contains a
description of each award and disciplinary action issued, by rank, as a
result of the AR 15-6 investigation findings relating to the incident
in Niger in 2017. The report shall be submitted in a format that
protects personally identifiable information and is consistent with
national security.
SEC. 1264. INDEPENDENT ASSESSMENT OF SUFFICIENCY OF RESOURCES AVAILABLE
TO UNITED STATES SOUTHERN COMMAND AND UNITED STATES
AFRICA COMMAND.
(a) In General.--The Secretary of Defense shall seek to enter into
a contract with a not-for-profit entity or federally funded research
and development center independent of the Department of Defense to
conduct an assessment of the sufficiency of resources available to
United States Southern Command and United States Africa Command to
carry out their respective missions.
(b) Matters to Be Included.--The assessment described in subsection
(a) shall include--
(1) an assessment of the sufficiency of the resources
available to United States Southern Command and United States
Africa Command, including personnel, human resources, and
financial resources, in promoting United States national
security interests;
(2) an assessment of the level of regional expertise and
experience of the leadership of each such combatant command and
their subordinate organizations, service components, and task
forces, to include personnel from agencies other than the
Department of Defense;
(3) a description of the strategic objectives and end
states in the geographic region for which each such combatant
command has responsibility and a comparison of the importance
and priority of the resources available to each such combatant
command to perform its mission; and
(4) an assessment of the ability of each such combatant
command to carry out such strategic objectives and end states,
including an assessment of resources available, forces
available, and other interagency resources available to the
combatant command.
(c) Access to Information.--The not-for-profit entity or federally
funded research and development center with which the Secretary enters
into the contract under subsection (a) shall have full and direct
access to all information related to resources available to United
States Southern Command and United States Africa Command.
(d) Report.--
(1) In general.--Not later than 240 days after the date of
the enactment of this Act, the not-for-profit entity or
federally funded research and development center with which the
Secretary of Defense enters into the contract under subsection
(a) shall submit to the Secretary of Defense, the Secretary of
State, and the Administrator of the United States Agency for
International Development a report that contains the assessment
required by subsection (a).
(2) Submission to congress.--Not later than 1 year after
the date of the enactment of this Act, the Secretary of Defense
shall submit to the appropriate congressional committees--
(A) a copy of such report without change; and
(B) any comments, changes, recommendations, or
other information of the Secretary of Defense, the
Secretary of State, and the Administrator of the United
States Agency for International Development relating to
the assessment required by subsection (a) and contained
in such report.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1265. RULE OF CONSTRUCTION RELATING TO USE OF MILITARY FORCE.
Nothing in this Act or any amendment made by this Act may be
construed to authorize the use of military force.
SEC. 1266. RULE OF CONSTRUCTION RELATING TO USE OF MILITARY FORCE
AGAINST VENEZUELA.
Nothing in this Act or any amendment made by this Act may be
construed to authorize the use of military force against Venezuela.
SEC. 1267. SENSE OF CONGRESS ON ACQUISITION BY TURKEY OF PATRIOT
SYSTEM.
(a) Findings.--Congress finds the following:
(1) The Government of Turkey has indicated in a
communication to Congress that there remains an opportunity to
meet Turkey's requirement for an air and missile defense
capability through the acquisition of the Patriot system from
the United States.
(2) The acquisition of the Patriot system could remove the
need to acquire the S-400 air and missile defense system from
Russia, which is incompatible with the integrated air and
missile defense system of the North Atlantic Treaty
Organization (NATO) and should preclude Turkey's participation
in the F-35 Joint Strike Fighter (JSF) consortium program with
the United States.
(b) Sense of Congress.--Congress--
(1) supports the efforts of the United States Government to
achieve a satisfactory arrangement with Turkey by which Turkey
acquires the Patriot system to defend its airspace, which would
preserve Turkey as a production partner in the F-35 JSF
consortium program;
(2) encourages the Department of Defense to secure the
deployment of a Patriot system to Turkey, under United States
or NATO operational control, for the purpose of providing
Turkey with an interim capability to address urgent
vulnerabilities in Turkey's air and missile defense during the
period in which an agreement is reached for Turkey's
acquisition of the Patriot system; and
(3) notes that any such deployment of the Patriot or a NATO
interoperable system in the interim is contingent on Turkey's
commitment to cancel the S-400 air and missile defense system
acquisition.
SEC. 1268. AMENDMENTS RELATING TO CIVILIAN CASUALTY MATTERS.
(a) Modification of Responsibility for Policy on Civilian Casualty
Matters.--Section 936 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C.
134 note) is amended--
(1) in subsection (b)--
(A) in paragraph (3)--
(i) by inserting ``appropriate to the
specific regional circumstances'' after
``publicly available means''; and
(ii) by inserting ``or in-person'' after
``Internet-based'';
(B) in paragraph (5)--
(i) in subparagraph (A), by inserting ``,
including for acknowledging the status of any
individuals killed or injured who were
initially reported as lawful targets, but
subsequently determined not to be lawful
targets'' after ``operations''; and
(ii) in subparagraph (B)--
(I) by inserting ``or other
assistance'' after ``payments''; and
(II) by striking ``necessary'' and
inserting ``reasonable and culturally
appropriate''; and
(C) in paragraph (7), by striking ``and'' at the
end;
(D) by redesignating paragraph (8) as paragraph
(10); and
(E) by inserting after paragraph (7) the following:
``(8) uniform processes and standards across the combatant
commands for integrating civilian protection into operational
planning, including assessments of the optimal staffing models
for tracking, analyzing, and responding to civilian casualties
in named military operations of various sizes and compositions,
to include multinational coalition operations;
``(9) cultivating, developing, retaining, and disseminating
lessons learned about the proximate cause or causes of civilian
casualties, and practices developed to prevent, mitigate, or
respond to such casualties; and'';
(2) by redesignating subsection (c) as subsection (d);
(3) by inserting after subsection (b) the following:
``(c) Coordination.--
``(1) In general.--The senior civilian official designated
under subsection (a) shall develop and implement steps to
increase coordination with the Chiefs of Mission and other
appropriate positions in the Department of State in any country
with respect to which the policy required pursuant to
subsection (a) is relevant.
``(2) Matters for coordination.--The coordination required
by paragraph (1) shall include the following:
``(A) The development of publicly available means,
appropriate to the specific regional circumstances,
including an internet-based or in-person mechanism, for
submission to the United States Government of
allegations of civilian casualties resulting from
United States military operations.
``(B) The offering of reasonable and culturally
appropriate ex gratia payments or other assistance to
civilians who have been injured, or to the families of
civilians killed, as a result of United States military
operations.'';
(4) by inserting after subsection (d), as redesignated, the
following:
``(e) Briefing.--Not later than 180 days after the date of the
enactment of this subsection, the senior civilian official designated
under subsection (a) shall brief the congressional defense committees
and the Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives on--
``(1) the updates made to the policy developed by the
senior civilian official pursuant to this section; and
``(2) the efforts of the Department to implement such
updates.''.
(b) Modification of Annual Report on Civilian Casualties in
Connection With United States Military Operations.--Section 1057 of the
National Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91) is amended--
(1) in subsection (a), by striking ``congressional defense
committees'' and inserting ``appropriate congressional
committees''; and
(2) in subsection (b)--
(A) in paragraph (3), by striking the period at the
end and inserting the following: ``and, when relevant,
makes ex gratia payments or provides other assistance
to the victims or their families, including--
``(A) whether interviews were conducted with
witnesses and survivors of United States lethal
actions, directly or through a third party or
intermediary;
``(B) whether the investigation relied on public
reports or other nongovernmental sources; and
``(C) the process, criteria, and methodology used
to assess external allegations of civilian casualties,
including the sources of such allegations.'';
(B) in paragraph (4), by adding at the end before
the period the following: ``, including any assistance
and support, as appropriate, provided for civilians
displaced by such operations'';
(C) by redesignating paragraph (6) as paragraph
(9); and
(D) by inserting after paragraph (5) the following:
``(6) A list of allegations where the Department could
confirm United States military activity but could not confirm
civilian casualties due to lack of evidence, and any steps
taken to further corroborate the allegations.
``(7) A list?of allegations that the Department could not
fully assess in a Civilian Casualty Assessment Review (CCAR)
due to lack of information and any steps taken to obtain
additional information needed to conduct a CCAR.
``(8) A description of the specific criteria the Department
employed during the CCAR to determine that a civilian casualty
is more likely than not to have occurred.''; and
(3) by adding at the end the following:
``(f) Appropriate Congressional Committees Defined.--In this
section, the term `appropriate congressional committees' means--
``(1) the congressional defense committees; and
``(2) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.''.
SEC. 1269. LIMITATION ON THE PRODUCTION OF NUCLEAR PROLIFERATION
ASSESSMENT STATEMENTS.
(a) Limitation.--The Secretary of State may not provide to the
President, and the President may not submit to Congress, a Nuclear
Proliferation Assessment Statement described in subsection a. of
section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) with
respect to a proposed cooperation agreement with any country that has
not signed and implemented an Additional Protocol with the
International Atomic Energy Agency, other than a country with which, as
of June 19, 2019, there is in effect a civilian nuclear cooperation
agreement pursuant to such section 123.
(b) Waiver.--The limitation under subsection (a) shall be waived
with respect to a particular country if--
(1) the President submits to the appropriate congressional
committees a request to enter into a proposed cooperation
agreement with such country that includes a report describing
the manner in which such agreement would advance the national
security and defense interests of the United States and not
contribute to the proliferation of nuclear weapons; and
(2) there is enacted a joint resolution approving the
waiver of such limitation with respect to such agreement.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Energy and Commerce, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(3) the Committee on Energy and Natural Resources, the
Committee on Foreign Relations, and the Select Committee on
Intelligence of the Senate.
SEC. 1270. RESTRICTION ON EMERGENCY AUTHORITY RELATING TO ARMS SALES
UNDER THE ARMS EXPORT CONTROL ACT.
Section 36 of the Arms Export Control Act (22 U.S.C. 2776) is
amended by adding at the end the following:
``(j) Restriction on Emergency Authority Relating to Arms Sales
Under This Act.--A determination of the President that an emergency
exists which requires a proposed transfer of defense articles or
defense services to be in the national security interest of the United
States, thus waiving the congressional review requirements pursuant to
section 3(d)(2) or subsection (b)(1), (c)(2), or (d)(2) of this
section--
``(1) shall apply only if--
``(A) the President--
``(i) consults with the Committee on
Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the
Senate regarding the determination that an
emergency exists not later than three days
after the date on which the President issues
the determination; and
``(ii) includes in the certification to be
submitted to Congress with respect to the
emergency--
``(I) a determination and
justification for each individual
letter of offer, license, or approval
for the defense articles or defense
services; and
``(II) a specific and detailed
description of how such waiver of the
congressional review requirements
directly responds to or addresses the
circumstances of the emergency;
``(B) the delivery of the defense articles or
defense services will take place not later than 90 days
after the date on which the President issues the
determination; and
``(C) the President submits the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate a report
on the defense articles or defense services that were
delivered, including the type of defense articles or
defense services, not later than 30 days after the date
of delivery; and
``(2) shall not apply in the case of a license or other
authorization that includes manufacturing or co-production of
the articles or services outside the United States if such
manufacturing or co-production has not been previously licensed
or authorized.''.
SEC. 1270A. REPORT ON ANNUAL DEFENSE SPENDING BY ALLY AND PARTNER
COUNTRIES.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees, the Committee on Foreign Affairs of
the House of Representatives, and the Committee on Foreign Relations of
the Senate a report that includes a description of--
(1) the annual defense spending of each mutual defense
treaty ally and major non-NATO ally, including the nominal
budget figure and the share of such spending as a percentage of
the ally's gross domestic product, for the fiscal year
immediately preceding the fiscal year in which the report is
submitted;
(2) the activities of each such ally in contributing to
military or stability operations in which the Armed Forces
participate;
(3) any limitations that each such ally places on the use
of the Armed Forces of such ally for such military or stability
operations; and
(4) any actions undertaken by the United States or other
countries to minimize or modify such limitations.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form but may contain a classified annex.
(c) Definitions.--In this section:
(1) Mutual defense treaty ally.--The term ``mutual defense
treaty ally'' means a country that is a party to a treaty of
mutual defense with the United States.
(2) Major non-nato ally.--The term ``major non-NATO ally''
means a country so designated pursuant to section 2350a or
section 517 of the Foreign Assistance Act of 1961.
SEC. 1270B. SENSE OF CONGRESS ON THE UNITED STATES-ISRAEL RELATIONSHIP.
It is the sense of Congress that--
(1) since 1948, Israel has been one of the United States'
strongest friends and allies;
(2) Israel is a stable, democratic country in a region
often marred by turmoil;
(3) it is essential to the strategic interest of the United
States to continue to offer full security assistance and
related support to Israel; and
(4) such assistance and support is especially vital as
Israel confronts a number of potential challenges at the
present time, including continuing threats from Iran.
SEC. 1270C. SENSE OF CONGRESS ON STABILITY OF THE CAUCASUS REGION AND
THE CONTINUATION OF THE NAGORNO KARABAKH CEASE-FIRE.
It is the sense of Congress that United States interests in the
stability of the Caucasus region and the continuation of the Nagorno
Karabakh cease-fire will be advanced by an agreement among regional
stakeholders on--
(1) the non-deployment of snipers, heavy arms, and new
weaponry along the line-of-contact;
(2) the deployment of gun-fire locator systems on the line-
of-contact; and
(3) an increase in the number of Organization for Security
and Co-operation in Europe observers along the line-of-contact.
SEC. 1270D. WESTERN HEMISPHERE RESOURCE ASSESSMENT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the President, acting through the Secretary of
Defense, the Secretary of State, and the Administrator of United States
Agency for International Aid, shall submit to the appropriate
congressional committees an accounting of and an assessment of the
sufficiency of resources available to the United States Southern
Command (SOUTHCOM), United States Northern Command (NORTHCOM),
Department of State, and United States Agency for International Aid
(USAID), to carry out their respective missions in the Western
hemisphere.
(b) Matters to Be Included.--The assessment described in subsection
(a) shall include each of the following:
(1) An accounting and description of the funds available to
SOUTHCOM, NORTHCOM, the Department of State, and USAID.
(2) A list of bilateral and multilateral military training
and exercises with allies and partner countries in the Western
Hemisphere.
(3) A description of the security force activities of the
United States in the Western Hemisphere.
(4) A description of the activities of the Departments of
State and Defense in addressing security challenges in the
Western Hemisphere.
(5) Cyber domain activities of the United States and those
actions in concert with allied and partner countries in the
Western Hemisphere.
(6) A description of the funding for all international
military education and training programs.
(7) An overview of all foreign military sales and foreign
military financing programs with partner countries in the
Western Hemisphere.
(8) A list of investments, programs, or partnerships in the
Western Hemisphere by China, Iran, Russia, or other adversarial
groups or countries that threaten the national security of the
United States.
(9) Recommendations for actions the Department of Defense,
the Department of State, and USAID could take to advance United
States national security interests in the Western Hemisphere.
(c) Form; Entity.--
(1) Form.--The accounting and assessment required by
subsection (a) shall be submitted in unclassified form but may
include a classified annex.
(2) Entity.--The Secretary of Defense shall provide for the
assessment required by subsection (a) to be performed by an
independent, non-governmental institute described in section
501(c)(3) of the Internal Revenue Code of 1986, and exempt from
tax under section 501(a) of such Code, that has recognized
credentials and expertise in national security and military
affairs.
(d) Appropriate Congressional Committees Defined.--The term
``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.
SEC. 1270E. STRATEGY TO IMPROVE THE EFFORTS OF THE NIGERIAN MILITARY TO
PREVENT, MITIGATE, AND RESPOND TO CIVILIAN HARM.
(a) Strategy.--
(1) Report.--Not later than 180 days after the date of the
enactment of this Act, the President shall transmit to the
appropriate congressional committees a report that contains a
plan for assisting the Nigerian military to improve its efforts
to prevent, mitigate, and respond to civilian harm arising from
its military presence and operations.
(2) Updates.-- Not later than one year after the
transmission of the report required under paragraph (1) and
annually thereafter, the President shall provide to the
appropriate congressional committees an update on progress made
with respect to the plan contained in such report.
(b) Matters to Be Included.--The report required by subsection
(a)(1) shall include the following:
(1) Any steps being taken by the United States Government
to ensure that the Nigerian Air Force is able to prevent and
minimize civilian harm in the operation of 12 A-29 Super Tucano
aircraft and associated weapons acquired from the United
States, including training planned or provided on air-to-ground
integration measures specifically intended to minimize civilian
harm.
(2) Whether the training described in paragraph (1) is
provided by United States Government or contract personnel.
(3) An assessment of the effectiveness of such training or
other assistance in preventing civilian casualties from ground
and air operations.
(4) An assessment of efforts by the Government of Nigeria
to improve civilian protection, accountability for human rights
violations, and transparency in the defense institutions and
security sector force, including the status of any national
protection of civilians policies, and a description of the key
United States diplomatic and military efforts available to
promote progress relating to such matters.
(5) Any other matters the President considers appropriate.
(c) Form.--The report required under subsection (a)(1) shall be
submitted in unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations, the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
SEC. 1270F. LIMITATION ON USE OF FUNDS FROM THE SPECIAL DEFENSE
ACQUISITION FUND.
Section 114(c) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(4) Notwithstanding paragraph (3), none of the funds made
available from the Special Defense Acquisition Fund for any
fiscal year may be made available to provide any assistance to
Saudi Arabia or the United Arab Emirates if such assistance
could be used by either country to conduct or continue
hostilities in Yemen.''.
SEC. 1270G. PROHIBITION ON THE USE OF EMERGENCY AUTHORITIES FOR THE
SALE OR TRANSFER OF DEFENSE ARTICLES AND SERVICES TO
SAUDI ARABIA AND THE UNITED ARAB EMIRATES.
None of the funds authorized to be appropriated or otherwise made
available by this or any other Act may be made available to process a
commercial sale or foreign military sale, or to transfer, deliver, or
facilitate the transfer or delivery, of any defense article or service
to Saudi Arabia or the United Arab Emirates pursuant to any
certification of emergency circumstances submitted in accordance with
section 36(b) of the Arms Export Control Act (22 U.S.C. 2776(b)) with
respect to such countries, including any such certification submitted
to Congress before the date of the enactment of this section.
SEC. 1270H. PROHIBITION ON SUPPORT FOR MILITARY PARTICIPATION AGAINST
THE HOUTHIS.
(a) Prohibition Relating to Support.--None of the funds authorized
to be appropriated or otherwise made available by this Act may be made
available to provide the following forms of United States support to
Saudi-led coalition's operations against the Houthis in Yemen:
(1) Sharing intelligence for the purpose of enabling
coalition strikes.
(2) Providing logistical support for coalition strikes,
including by providing maintenance or transferring spare parts
to coalition members flying warplanes engaged in anti-Houthi
bombings.
(b) Prohibition Relating to Military Participation.--None of the
funds authorized to be appropriated or otherwise made available by this
Act may be made available for any civilian or military personnel of the
Department of Defense to command, coordinate, participate in the
movement of, or accompany the regular or irregular military forces of
the Saudi and United Arab Emirates-led coalition forces in hostilities
against the Houthis in Yemen or in situations in which there exists an
imminent threat that such coalition forces become engaged in such
hostilities, unless and until the President has obtained specific
statutory authorization, in accordance with section 8(a) of the War
Powers Resolution (50 U.S.C. 1547(a)).
(c) Rule of Construction.--The prohibitions under this section may
not be construed to apply with respect to United States Armed Forces
engaged in operations directed at al Qaeda or associated forces.
SEC. 1270I. REPEAL OF PROHIBITION ON TRANSFER OF ARTICLES ON THE UNITED
STATES MUNITIONS LIST TO CYPRUS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the direct sale or transfer of arms by the United
States to Cyprus would advance United States security interests
in Europe by helping to reduce the dependence of the Government
of Cyprus on other countries for defense-related materiel,
including countries that pose challenges to United States
interests around the world; and
(2) it is in the interest of the United States--
(A) to continue to support United Nations-
facilitated efforts toward a comprehensive solution to
the division of Cyprus; and
(B) for the Republic of Cyprus to join NATO's
Partnership for Peace program.
(b) Modification of Prohibition.--Section 620C(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2373(e)) is amended by adding at the
end of the following new paragraph:
``(3) The requirement under paragraph (1) shall not apply
to any sale or other provision of any defense article or
defense service to Cyprus if the end-user of such defense or
defense service is Cyprus.''.
(c) Exclusion of the Government of the Republic of Cyprus From
Certain Related Regulations.--Beginning on the date of the enactment of
this Act, the Secretary of State shall not apply a policy of denial for
exports, re-exports, or transfers of defense articles and defense
services destined for or originating in the Republic of Cyprus if--
(1) the request is made by or on behalf of Cyprus; and
(2) the end-user of such defense articles or defense
services is Cyprus.
(d) Exception.--This exclusion shall not apply to any denial based
upon credible human rights concerns.
(e) Limitations on the Transfer of Articles on the United States
Munitions List to the Republic of Cyprus.--
(1) In general.--The policy of denial for exports, re-
exports, or transfers of defense articles on the United States
Munitions List to the Republic of Cyprus shall remain in place
unless the President determines and certifies to the
appropriate congressional committees not less than annually
that--
(A) the Government of the Republic of Cyprus is
continuing to cooperate with the United States
Government in efforts to implement reforms on anti-
money laundering regulations and financial regulatory
oversight; and
(B) the Government of the Republic of Cyprus has
made and is continuing to take the steps necessary to
deny Russian military vessels access to ports for
refueling and servicing.
(2) Waiver.--The President may waive the limitations
contained in this subsection for one fiscal year if the
President determines that it is essential to the national
security interests of the United States to do so.
(3) Appropriate congressional committees defined.--In this
section, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives.
SEC. 1270J. PROHIBITION ON USE OF FUNDS FOR SHORTER- OR INTERMEDIATE-
RANGE GROUND LAUNCHED BALLISTIC OR CRUISE MISSILE
SYSTEMS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Secretary of State Mike Pompeo's February 1, 2019,
announcement of the decision of the United States to withdraw
from the INF Treaty, without proper consultation with Congress,
is a serious breach of Congress's proper constitutional role as
a co-equal branch of government;
(2) United States withdrawal from the INF Treaty will free
Russia to deploy greater quantities of the SSC-8 missile to the
detriment of United States national security and that of our
allies in Europe and the Indo-Pacific region;
(3) the North Atlantic Treaty Organization (NATO) alliance
makes critical contributions to United States national
security, and the failure to weigh the concerns of NATO allies
risks weakening the joint resolve necessary to counter Russia's
aggressive behavior;
(4) as opposed to withdrawing from the INF Treaty, the
United States should continue to advance other diplomatic,
economic, and military measures outlined in the ``Trump
Administration INF Treaty Integrated Strategy'' to resolve the
concerns related to Russia's violation of the INF Treaty and to
reach agreement on measures to ensure the INF Treaty's future
viability; and
(5) further, in lieu of withdrawing from the INF Treaty,
the United States should look at options to expand arms control
treaties to include China in an effort to limit its short- and
intermediate-range missiles.
(b) Prohibition.--None of the funds authorized to be appropriated
by this Act or otherwise made available for the Department of Defense
for fiscal year 2020 may be made available for the research,
development, testing, evaluation, procurement, or deployment of a
United States shorter- or intermediate-range ground launched ballistic
or cruise missile system with a range between 500 and 5,500 kilometers
until the following has been submitted to the appropriate committees of
Congress:
(1) A report from the Secretary of Defense, jointly with
the Secretary of State and the Director of National
Intelligence, that includes--
(A) a detailed diplomatic proposal for negotiating
an agreement to obtain the strategic stability benefits
of the INF Treaty;
(B) an assessment of the implications, in terms of
the military threat to the United States and its allies
in Europe and the Indo-Pacific region, of Russian
deployment of intermediate-range cruise and ballistic
missiles without restriction;
(C) identification of what types of technologies
and programs the United States would need to pursue to
offset the additional Russian capabilities, and at what
cost;
(D) identification of what mission requirements
will be met by INF Treaty-type systems; and
(E) details regarding ramifications of a collapse
of the INF Treaty on the ability to generate consensus
among States Parties to the NPT Treaty ahead of the
2020 NPT Review Conference, and assesses the degree to
which Russia will use the United States unilateral
withdrawal to sow discord within the NATO alliance.
(2) A copy or copies of at least one Memorandum of
Understanding from a NATO or Indo-Pacific ally that commits it
to host deployment of any such ballistic or cruise missile
system on its own territory, and in the case of deployment on
the European continent, has the concurrence of the North
Atlantic Council.
(3) An unedited copy of an analysis of alternatives
conducted by the Chairman of the Joint Chiefs of Staff and the
Director of Cost Assessment and Program Evaluation that
considers other ballistic or cruise missile systems, to include
sea- and air-launched missiles, that could be deployed to meet
current capability gaps due to INF Treaty restrictions, and
further to include cost, schedule, and operational
considerations.
(c) Form.--The documents required by paragraphs (1), (2), and (3)
of subsection (b) shall be submitted in unclassified form, but may
contain a classified annex.
(d) Rule of Construction.--Nothing in this section may be construed
to authorize the use of funds described in subsection (b) for the
research, development, testing, evaluation, procurement, or deployment
of INF Treaty-type systems in the United States or its territories.
(e) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate committees of Congress'' means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives.
(2) INF treaty.--The term ``INF Treaty'' means the Treaty
between the United States of America and the Union of Soviet
Socialist Republics on the Elimination of Their Intermediate-
Range and Shorter-Range Missiles, together with the Memorandum
of Understanding and Two Protocols, signed at Washington
December 8, 1987, and entered into force June 1, 1988.
(3) NPT treaty.--The term ``NPT Treaty'' means the Treaty
on the Non-Proliferation of Nuclear Weapons, signed at
Washington July 1, 1968.
SEC. 1270K. REPORT ON IMPLICATIONS OF CHINESE MILITARY PRESENCE IN
DJIBOUTI.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a report that contains a
comprehensive strategy to address security concerns posed by the
Chinese People's Liberation Army Support Base in Djibouti to United
States military installations and logistics chains in sub-Saharan
Africa and the Middle East.
(b) Matters to Be Included.--The report required by subsection (a)
shall include the following:
(1) An assessment of the potential military, intelligence,
and logistical threats facing key regional United States
military infrastructure, supply chains, and staging grounds due
to the proximity of major Chinese military assets in Djibouti.
(2) An assessment of the efforts taken by Camp Lemonnier to
improve aviation safety in the aftermath of the recent Chinese
military targeting of American flight crews with military-grade
lasers.
(3) An assessment of Djibouti's Chinese-held public debt
and the strategic vulnerabilities such may present if China
moves to claim the Port of Djibouti or other key logistical
assets in repayment.
(4) A description of the specific operational challenges
facing United States military and supply chains in the Horn of
Africa and the Middle East in the event that access to the
strategically significant Port of Djibouti becomes limited or
lost in its entirety, as well as a comprehensive contingency
strategy to maintain full operational capacity in AFRICOM and
CENTCOM through other ports and transport hubs.
(5) An identification of measures to mitigate risk of
escalation between United States and Chinese military assets in
Djibouti.
(6) Any other matters the Secretary of Defense considers
appropriate.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on Appropriations, and the
Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on Appropriations, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
SEC. 1270L. REPORT ON EFFORTS TO COMBAT BOKO HARAM IN NIGERIA AND THE
LAKE CHAD BASIN.
(a) Sense of Congress.--Congress--
(1) strongly condemns the ongoing violence and the
systematic gross human rights violations against the people of
Nigeria and the Lake Chad Basin carried out by Boko Haram;
(2) expresses its support for the people of Nigeria and the
Lake Chad Basin who wish to live in a peaceful, economically
prosperous, and democratic region; and
(3) calls on the President to support Nigerian, Lake Chad
Basin, and international community efforts to ensure
accountability for crimes against humanity committed by Boko
Haram against the people of Nigeria and the Lake Chad Basin,
particularly the young girls kidnapped from Chibok and other
internally displaced persons affected by the actions of Boko
Haram.
(b) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, the
Secretary of State, and the Attorney General shall jointly
submit to Congress a report on efforts to combat Boko Haram in
Nigeria and the Lake Chad Basin.
(2) Elements.--The report required under paragraph (1)
shall include the following elements:
(A) A description of initiatives undertaken by the
Department of Defense to assist the Government of
Nigeria and countries in the Lake Chad Basin to develop
capacities to deploy special forces to combat Boko
Haram.
(B) A description of United States activities to
enhance the capacity of Nigeria and countries in the
Lake Chad Basin to investigate and prosecute human
rights violations perpetrated against the people of
Nigeria and the Lake Chad Basin by Boko Haram, al-Qaeda
affiliates, and other terrorist organizations, in order
to promote respect for rule of law in Nigeria and the
Lake Chad Basin.
SEC. 1270M. REPORT ON SAUDI LED COALITION STRIKES IN YEMEN.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter for two years, the
Secretary of Defense, in consultation with the Secretary of State,
shall submit to the appropriate congressional committees a report
detailing the number of civilian casualties caused by the Saudi led
coalition in Yemen, including an assessment of the coalition members'
willingness and ability to prevent civilian casualties.
(b) Matters to Be Included.--Each such report shall also contain
information relating to whether--
(1) coalition members followed the norms and practices the
United States military employs to avoid civilian casualties and
ensure proportionality; and
(2) strikes executed by coalition members are in compliance
with the United States' interpretation of the laws governing
armed conflict and proportionality.
(c) Appropriate Congressional Committee Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate; and
(3) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 1270N. PROHIBITION ON IN-FLIGHT REFUELING TO NON-UNITED STATES
AIRCRAFT THAT ENGAGE IN HOSTILITIES IN THE ONGOING CIVIL
WAR IN YEMEN.
For the two-year period beginning on the date of the enactment of
this Act, the Department of Defense may not provide in-flight refueling
pursuant to section 2342 of title 10, United States Code, or any other
applicable statutory authority to non-United States aircraft that
engage in hostilities in the ongoing civil war in Yemen unless and
until a declaration of war or a specific statutory authorization for
such use of United States Armed Forces has been enacted.
SEC. 1270O. UNITED STATES STRATEGY FOR LIBYA.
(a) Report Required.--Not later than 120 days after the date of
enactment of this Act, the President shall submit to the appropriate
congressional committees a report that contains a strategy for Libya.
(b) Elements.--The report required by subsection (a) shall include
the following elements:
(1) An explanation of the strategy for Libya, including a
description of the ends, ways, and means inherent to the
strategy.
(2) An explanation of the legal authorities supporting the
strategy.
(3) A detailed description of U.S. counterterrorism and
security partnerships with Libyan actors.
(4) A detailed description of Libyan security actors and an
assessment of how those actors advance or undermine stability
in Libya and or U.S. strategic interests in Libya.
(5) A detailed description of how Libyan security actors
support or obstruct civilian authorities and U.N. led efforts
towards a political settlement of the conflict.
(6) A detailed description of the military activities of
external actors in Libya, including Russia, Egypt, France,
Qatar, the Kingdom of Saudi Arabia, Turkey, and the United Arab
Emirates, including assessments of whether those activities:
(A) have undermined progress towards stabilization,
including the United Nations-led negotiations;
(B) involve United States-origin equipment and
violate contractual conditions of acceptable use of
such equipment; or
(C) violate or seek to violate the United Nations
arms embargo on Libya imposed pursuant to United
Nations Security Council Resolution 1970 (2011).
(7) A plan to integrate the United States diplomatic,
development, military, and intelligence resources necessary to
implement the strategy.
(8) A detailed description of the roles of the United
States Armed Forces in supporting the strategy.
(9) Any other matters as the President considers
appropriate.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on Appropriations, and the
Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on Appropriations, and the
Permanent Select Committee on Intelligence of the House of
Representatives.
SEC. 1270P. SENSE OF CONGRESS RELATING TO MONGOLIA.
It is the sense of Congress that--
(1) the United States and Mongolia have a shared interest
in supporting and preserving Mongolia's democracy, including
Mongolia's ability to pursue an independent foreign policy,
defend against threats to its sovereignty, and maintain
territorial integrity;
(2) Mongolia has consistently contributed forces to support
United States combat operations in Iraq and Afghanistan and has
a strong record of troop contributions to international
peacekeeping missions;
(3) as one of NATO's nine ``partners across the globe'',
Mongolia shares the United States' vision of a rules-based
order in the strategically important Indo-Pacific region;
(4) the United States should continue to take steps to
remain Mongolia's preferred security partner;
(5) defense cooperation, a strong military-to-military
relationship, and increased interoperability between the United
States and the armed forces of Mongolia are in the interest of
the United States; and
(6) annual multilateral military exercises in Mongolia
support peacekeeping and humanitarian assistance and disaster
response capacity of United States partners and allies, and
further United States regional objectives.
SEC. 1270Q. REPORT ON RELATIONSHIP BETWEEN LEBANESE ARMED FORCES AND
HIZBALLAH.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the President shall submit a report to
Congress--
(1) identifying all military officers, commanders,
advisors, officials, or other personnel with significant
influence over the policies or activities of the Lebanese Armed
Forces who are members of, paid by, or significantly influenced
by Hizballah; and
(2) describing military activities conducted by the
Lebanese Armed Forces to disarm Hizballah pursuant to United
Nations Security Council Resolution (UNSCR) 1701 (2006).
(b) Form.--The report required by subsection (a) shall be submitted
in an unclassified form but may have a classified annex.
SEC. 1270R. IMPOSITION OF SANCTIONS RELATING TO CENTRAL AMERICA.
(a) In General.--No later than 180 days after the date of the
enactment of this Act, the President shall impose the sanctions
described in subsection (b) on--
(1) each of the individuals listed in the report provided
by to Congress by the Department of State on April 3, 2019,
pursuant to section 1287 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232);
and
(2) each of the individuals listed in the report provided
to Congress by the Department of State on May 15, 2019,
pursuant to section 7019(d) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2019
(division F of Public Law 116-6).
(b) Sanctions Described.--The sanctions described in this
subsection are the sanctions described in section 1263(b) of the Global
Magnitsky Human Rights Accountability Act (subtitle F of title XII of
Public Law 114-328; 22 U.S.C. 2656 note).
(c) Waiver.--The President may waive the imposition of sanctions
under this section if the President determines that such waiver would
be in the national security interests of the United States.
SEC. 1270S. PROHIBITION RELATING TO JOINT TASK FORCE WITH GUATEMALA.
(a) In General.--None of the funds authorized to be appropriated or
otherwise made available by this Act may be made available to transfer
or purchase vehicles for any joint task force including the Ministry of
Defense or the Ministry of the Interior of Guatemala unless the
Secretary of Defense certifies to the appropriate congressional
committees that such ministries have made a credible commitment to use
such equipment only for the uses for which they were intended.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.
SEC. 1270T. PROHIBITION ON USE OF FUNDS TO ESTABLISH ANY MILITARY
INSTALLATION OR BASE FOR THE PURPOSE OF PROVIDING FOR THE
PERMANENT STATIONING OF UNITED STATES ARMED FORCES IN
SOMALIA.
None of the funds authorized to be appropriated by this Act or
otherwise made available to the Department of Defense for fiscal year
2020 may be obligated or expended to establish any military
installation or base for the purpose of providing for the permanent
stationing of United States Armed Forces in Somalia.
SEC. 1270U. REPORT ON HOSTILITIES INVOLVING UNITED STATES ARMED FORCES.
(a) In General.--The President shall report to the congressional
defense committees, the Committee on Foreign Relations of the Senate,
and the Committee on Foreign Affairs of the House of Representatives
within 48 hours any incident in which United States Armed Forces are
involved in an attack or hostilities, including in an offensive or
defensive capacity, unless the President--
(1) reports the incident within 48 hours pursuant to
section 4 of the War Powers Resolution (50 U.S.C. 1543); or
(2) has determined prior to the incident and reported
pursuant to section 1264 of the National Defense Authorization
Act for Fiscal Year 2018 (50 U.S.C. 1549) that the United
States Armed Forces involved in the incident would be operating
under specific statutory authorization, within the meaning of
section 5(b) of the War Powers Resolution (50 U.S.C. 1544(b)).
(b) Matters to Be Included.--The report required by subsection (a)
shall include, for each such incident--
(1) the statutory and operational authorities under which
the United States Armed Forces were operating, including any
relevant executive orders and an identification of the
operational activities authorized under such executive orders;
(2) the date, location, duration, and other parties
involved;
(3) a description of the United States Armed Forces
involved and the mission of such Armed Forces;
(4) the numbers of any combatant casualties and civilian
casualties; and
(5) any other information the President determines
appropriate.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
SEC. 1270V. REPORTS AND BRIEFINGS ON USE OF MILITARY FORCE AND SUPPORT
OF PARTNER FORCES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the President
shall submit to the congressional defense committees, the Committee on
Foreign Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives a report on specific actions taken
pursuant to the Authorization for Use of Military Force (Public Law
107-40; 50 U.S.C. 1541 et seq.) and support for partner forces against
those nations or organizations described in such law, during the
preceding 180-day period.
(b) Matters to Be Included.--The report required by subsection (a)
shall include, with respect to the time period for which the report was
submitted, the following:
(1) A list of each nation or organization with respect to
which force has been used pursuant to the Authorization for Use
of Military Force, including the legal and factual basis for
the determination that authority under such law applies with
respect to each such nation or organization.
(2) An intelligence assessment of the risk to the United
States posed by each such nation or organization.
(3) A list of the countries in which operations were
conducted pursuant such law.
(4) A list of all lethal actions in which United States
Armed Forces participated, including--
(A) a delineation of whether any country in which
such action occurred was or was not designated as an
area of active hostilities;
(B) the number of lawfully targetable individuals
injured or killed and the number of high-value targets
injured or killed for each such specific instance of
lethal action; and
(C) a description of the circumstances surrounding
each instance of a strike taken in Somalia, Yemen, and
any other country not designated an area of active
hostilities that did not target a high value target.
(5) A list of each partner force supported and each country
in which United States Armed Forces have commanded,
coordinated, participated in the movement of, accompanied, or
otherwise supported foreign forces, irregular forces, groups,
or individuals on operations in which such forces, groups or
individuals have engaged in hostilities, either offensively or
defensively, including--
(A) a delineation of instances in which such United
States Armed Forces were or were not operating under
the Authorization for Use of Military Force;
(B) the purpose for which the United States Armed
Forces were deployed to the country in which the use of
force occurred, including the program or funding
authority under which such Armed Forces were operating;
(C) a determination of whether the foreign forces,
irregular forces, groups, or individuals against which
such hostilities occurred are covered by the
Authorization for Use of Military Force;
(D) a description of the United States Armed Forces
involvement in such hostilities, including whether the
Armed Forces--
(i) directed the operation that led to
hostilities, and, if so, the objective of such
operation;
(ii) accompanied the partner force at any
point during the mission or operation in which
the hostilities occurred;
(iii) engaged directly in combat; or
(iv) provided intelligence, reconnaissance,
or surveillance, medivac, refueling, airlift,
or any other type of enabling support to the
partner forces during hostilities.
(6) A description of the actual and proposed contributions,
including financing, equipment, training, troops, and
logistical support, provided by each foreign country that
participates in any international coalition with the United
States to combat a nation or organization described in the
Authorization for Use of Military Force.
(c) Form.--The information required under paragraphs (1) and (2) of
subsection (b) shall be submitted in unclassified form.
(d) Other Reports.--If United States Armed Forces engage in
hostilities, offensively or defensively, against any nation,
organization, or person pursuant to statutory or constitutional
authorities other than Authorization for Use of Military Force, the
President shall comply with the reporting requirements under--
(1) this section to the same extent and in the same manner
as if such actions had been taken under Authorization for Use
of Military Force;
(2) the War Powers Resolution (50 U.S.C. 1541 et seq.); and
(3) any other applicable provision of law.
(e) Briefings.--At least once during each 180-day period described
in subsection (a), the President shall provide to the congressional
defense committees, the Committee on Foreign Relations of the Senate,
and the Committee on Foreign Affairs of the House of Representatives a
briefing on the matters covered by the report required under this
section for such period.
SEC. 1270W. REPEAL OF AUTHORIZATION FOR THE USE OF MILITARY FORCE.
The Authorization for Use of Military Force Against Iraq Resolution
of 2002 (Public Law 107-243; 50 U.S.C. 1541 note) is repealed.
Subtitle H--Baltic Reassurance Act
SEC. 1271. FINDINGS.
Congress finds the following:
(1) Russia seeks to diminish the North Atlantic Treaty
Organization (NATO) and recreate its sphere of influence in
Europe using coercion, intimidation, and outright aggression.
(2) Deterring Russia from such aggression is vital for
transatlantic security.
(3) The illegal occupation of Crimea by Russia and its
continued engagement of destabilizing and subversive activities
against independent and free states is of increasing concern.
(4) Russia also continues to disregard treaties,
international laws and rights to freedom of navigation,
territorial integrity, and sovereign international borders.
(5) Russia's continued occupation of Georgian and Ukrainian
territories and the sustained military buildup in Russia's
Western Military District and Kaliningrad has threatened
continental peace and stability.
(6) The Baltic countries of Estonia, Latvia, and Lithuania
are particularly vulnerable to an increasingly aggressive and
subversive Russia.
(7) In a declaration to celebrate 100 years of independence
of Estonia, Latvia, and Lithuania issued on April 3, 2018, the
Trump Administration reaffirmed United States commitments to
these Baltic countries to ``improve military readiness and
capabilities through sustained security assistance'' and
``explore new ideas and opportunities, including air defense,
bilaterally and in NATO, to enhance deterrence across the
region''.
(8) These highly valued NATO allies of the United States
have repeatedly demonstrated their commitment to advancing
mutual interests as well as those of the NATO alliance.
(9) The Baltic countries also continue to participate in
United States-led exercises to further promote coordination,
cooperation, and interoperability among allies and partner
countries, and continue to demonstrate their reliability and
commitment to provide for their own defense.
(10) Lithuania, Latvia, and Estonia each hosts a respected
NATO Center of Excellence that provides expertise to educate
and promote NATO allies and partners in areas of vital interest
to the alliance.
(11) United States support and commitment to allies across
Europe has been a lynchpin for peace and security on the
continent for over 70 years.
SEC. 1272. SENSE OF CONGRESS.
It is the sense of Congress as follows:
(1) The United States is committed to the security of the
Baltic countries and should strengthen cooperation and support
capacity-building initiatives aimed at improving the defense
and security of such countries.
(2) The United States should lead a multilateral effort to
develop a strategy to deepen joint capabilities with Lithuania,
Latvia, Estonia, NATO allies, and other regional partners, to
deter against aggression from Russia in the Baltic region,
specifically in areas that would strengthen interoperability,
joint capabilities, and military readiness necessary for Baltic
countries to strengthen their national resilience.
(3) The United States should explore the feasibility of
providing additional air and missile defense systems in the
Baltic region, including through leveraging cost-sharing
mechanisms and multilateral deployment with NATO allies to
reduce financial burdens on host countries.
SEC. 1273. DEFENSE ASSESSMENT.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
State shall jointly conduct a comprehensive, multilateral assessment of
the military requirements of such countries to deter and resist
aggression by Russia that--
(1) provides an assessment of past and current initiatives
to improve the efficiency, effectiveness, readiness and
interoperability of Lithuania, Latvia, and Estonia's national
defense capabilities; and
(2) assesses the manner in which to meet those objectives,
including future resource requirements and recommendations, by
undertaking activities in the following areas:
(A) Activities to increase the rotational and
forward presence, improve the capabilities, and enhance
the posture and response readiness of the United States
or forces of NATO in the Baltic region.
(B) Activities to improve air defense systems,
including modern air-surveillance capabilities.
(C) Activities to improve counter-unmanned aerial
system capabilities.
(D) Activities to improve command and control
capabilities through increasing communications,
technology, and intelligence capacity and coordination,
including secure and hardened communications.
(E) Activities to improve intelligence,
surveillance, and reconnaissance capabilities.
(F) Activities to enhance maritime domain
awareness.
(G) Activities to improve military and defense
infrastructure, logistics, and access, particularly
transport of military supplies and equipment.
(H) Investments to ammunition stocks and storage.
(I) Activities and training to enhance cyber
security and electronic warfare capabilities.
(J) Bilateral and multilateral training and
exercises.
(K) New and existing cost-sharing mechanisms with
United States and NATO allies to reduce financial
burden.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Defense and the Secretary of State
jointly shall submit to the appropriate congressional committees a
report, which shall be submitted in unclassified form but may include a
classified annex, that includes each of the following:
(1) A report on the findings of the assessment conducted
pursuant to subsection (a).
(2) A list of any recommendations resulting from such
assessment.
(3) An assessment of the resource requirements to achieve
the objectives described in subsection (a)(1) with respect to
the national defense capability of Baltic countries, including
potential investments by host countries.
(4) A plan for the United States to use appropriate
security cooperation authorities or other authorities to--
(A) facilitate relevant recommendations included in
the list described in paragraph (2);
(B) expand joint training between the Armed Forces
and the military of Lithuania, Latvia, or Estonia,
including with the participation of other NATO allies;
and
(C) support United States foreign military sales
and other equipment transfers to Baltic countries
especially for the activities described in
subparagraphs (A) through (I) of subsection (a)(2).
SEC. 1274. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this subtitle, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, the Permanent Select Committee on
Intelligence, and the Committee on Appropriations of the House
of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Relations, the Select Committee on Intelligence, and
the Committee on Appropriations of the Senate.
Subtitle I--Return Expenses Paid and Yielded Act
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the ``Return Expenses Paid and
Yielded Act'' or ``REPAY Act''.
SEC. 1282. MODIFICATION OF CERTIFICATION AND REPORT REQUIREMENTS
RELATING TO SALES OF MAJOR DEFENSE EQUIPMENT WITH RESPECT
TO WHICH NONRECURRING COSTS OF RESEARCH, DEVELOPMENT, AND
PRODUCTION ARE WAIVED OR REDUCED UNDER THE ARMS EXPORT
CONTROL ACT.
(a) Certification.--Section 36(b) of the Arms Export Control Act
(22 U.S.C. 2776(b)) is amended by adding at the end the following:
``(7)(A) In the case of any letter of offer to sell any major
defense equipment for $14,000,000 or more, in addition to the other
information required to be contained in a certification submitted to
the Congress under this subsection, or a similar certification prior to
finalization of a letter of offer to sell, each such certification
shall include the amount of any charge or charges for the proportionate
amount of any nonrecurring costs of research, development, and
production of the major defense equipment that was waived or reduced
under section 21(e).
``(B) Each such certification shall also include information on--
``(i) the type of waiver or reduction;
``(ii) the percentage of otherwise obligated nonrecurring
costs with respect to which the waiver or reduction comprises;
``(iii) a justification for issuance of the waiver or
reduction;
``(iv) in the case of a waiver or reduction made under
paragraph (2)(A) of section 21(e)--
``(I) the manner in which a sale would
significantly advance standardization with the foreign
countries or international organization described in
such section; and
``(II) the extent to which the sale's significance
should be considered relative to the existing
capabilities of the foreign country or international
organization and the manner in which the major defense
equipment would enhance the capacity of the country or
organization in joint operations; and
``(v) in the case of a waiver or reduction made under
paragraph (2)(B) of section 21(e)--
``(I) the military needs and ability to pay of the
foreign country or international organization;
``(II) the price and capability of other relevant
options that are or likely would be considered by the
foreign country or international organization for
purchase in lieu of the major defense equipment
described in the letter of offer; and
``(III) the previous buying history and existing
capabilities of the foreign country or international
organization.''.
(b) Report.--Section 36(a) of the Arms Export Control Act (22
U.S.C. 2776(a)) is amended--
(1) in paragraph (11), by striking ``and'' at the end;
(2) in paragraph (12), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(13) with respect to requests to waive or reduce
nonrecurring costs with respect to the sale of major defense
equipment for $14,000,000 or more under this Act, a report on--
``(A) the total number of such requests that have
been approved or denied during the quarter, including
the total number of such requests that are currently
under review and pending a decision; and
``(B) for each such request--
``(i) an identification of the foreign
country or international organization
requesting the waiver or reduction; and
``(ii) the total amount of nonrecurring
costs to be waived or reduced;
``(iii) a description of the major defense
equipment to be purchased; and
``(iv) the justification for the waiver or
reduction; and
``(C) for each such request that is approved, the
actual amount of nonrecurring costs that are waived or
reduced that are attributable to quantities of major
defense equipment sold under such request.''.
(c) Repeal of Waiver Authority in Case of Sales of Major Defense
Equipment Also Being Procured for Use by United States Armed Forces.--
Section 21(e)(2) of the Arms Export Control Act (22 U.S.C. 2761(e)(2))
is amended--
(1) in subparagraph (B)--
(A) in the matter preceding clause (i)--
(i) by striking ``The President'' and
inserting ``Except as provided subparagraphs
(D) and (E), the President''; and
(ii) by striking ``that--'' and all that
follows through ``(i) imposition'' and
inserting ``that imposition'';
(B) by striking ``sale; or'' and inserting
``sale.''; and
(C) by striking clause (ii); and
(2) by inserting at the end the following new
subparagraphs:
``(D) The President may not waive the charge or charges for
a proportionate amount of any nonrecurring costs that would
otherwise be considered appropriate under paragraph (1)(B) for
a particular sale to a country or international organization
for a two-year period that begins on any of the following
dates:
``(i) The date of approval of a waiver under
paragraph (1)(B) of a charge or charges that are valued
at $16,000,000 or more under this Act with respect to a
sale to the country or organization.
``(ii) The date that is the last day of any five-
year period in which the country or organization
receives 15 or more waivers of a charge or charges
under paragraph (1)(B) with respect to sales to the
country or organization.
``(iii) The date that is the last day of any five-
year period in which the country or organization
receives waivers of a charge or charges under paragraph
(1)(B) that are valued at $425,000,000 or more under
this Act with respect to sales to the country or
organization.
``(E)(i) In the case of any proposed waiver of the charge
or charges which would otherwise be considered appropriate
under paragraph (1)(B) for a particular sale to a country or
international organization of major defense equipment for
$10,000,000 or more under this Act, the President shall submit
to the Speaker of the House of Representatives, the Committee
on Foreign Affairs of the House of Representatives, and to the
chairman of the Committee on Foreign Relations of the Senate a
notification with respect to such proposed waiver.
``(ii) The President may not waive such charge or charges
if Congress, not later than 60 calendar days after receiving
such notification, enacts a joint resolution prohibiting the
proposed waiver.''.
(d) Maximum Aggregate Amount of Charges for Administrative
Services.--Section 21(e) of the Arms Export Control Act (22 U.S.C.
2761(e)) is amended--
(1) in paragraph (1), by inserting ``subject to paragraph
(4),'' before ``administrative services''; and
(2) by adding at the end the following new paragraph:
``(4)(A) For each fiscal year beginning on or after the
date of the enactment of the Return Expenses Paid and Yielded
Act, the President shall--
``(i) determine a maximum aggregate amount of
charges for administrative services that would be
required by paragraph (1)(A) based on the ability of
the Department of Defense to issue and administer
letters of offer for sale of defense articles or the
sale of defense services pursuant to this section or
pursuant to section 22 of this Act; and
``(ii) submit to Congress a report that contains
the determination and specifies the maximum aggregate
amount of charges for administrative services.
``(B)(i) Except as provided in clause (ii), charges for
administrative services that are required by paragraph (1)(A)
may not exceed the maximum aggregate amount of charges for
administrative services determined under subparagraph (A) for
the fiscal year involved.
``(ii) The President may waive the requirement of clause
(i) on a case-by-case basis if the amount of charges for
administrative services that are required by paragraph (1)(A)
with respect to a sale of defense articles or a sale of defense
services would exceed the maximum aggregate amount of charges
for administrative services determined under subparagraph (A)
for the fiscal year.''.
(e) Modification of Administrative Expenses.--
(1) In general.--Section 43(b) of the Arms Export Control
Act (22 U.S.C. 2792(b) is amended--
(A) in paragraph (1), by adding ``and'' at the end;
(B) in paragraph (2), by striking ``; and'' and
inserting a period; and
(C) by striking paragraph (3).
(2) Conforming amendment.--Section 21(e)(1)(A) of the Arms
Export Control Act (22 U.S.C. 2761(e)(1)(A)) is amended by
striking ``and section 43(c)''.
(f) Biennial Review and Modification of User Charges.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary of Defense, acting through the Director of
the Defense Security Cooperation Agency, shall, not less than
once every two years--
(A) carry out a review of user charges under the
foreign military sales program and, based on the
results of the review, modify the user charges as
appropriate; and
(B) submit to the appropriate congressional
committees a report that contains the results of the
review carried out under subparagraph (A) and a
description of any user charges that, based on the
results of the review, were modified under subparagraph
(A).
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives; and
(B) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate.
SEC. 1283. REVIEW AND REPORT ON USE AND MANAGEMENT OF ADMINISTRATIVE
SURCHARGES UNDER THE FOREIGN MILITARY SALES PROGRAM.
(a) Review.--
(1) In general.--The Secretary of Defense, acting through
the Director of the Defense Security Cooperation Agency, shall
review options for expanding the use of administrative
surcharges under the foreign military sales program, including
practices for managing administrative surcharges and contract
administrative services surcharges.
(2) Matters to be included.--The review conducted under
paragraph (1) shall include the following:
(A) A determination of which specific expenses are
incurred by the United States Government in operation
of the foreign military sales program that the
administrative surcharge does not currently pay for.
(B) The estimated annual cost of each of such
specific expenses.
(C) An assessment of the costs and benefits of
funding such specific expenses through the
administrative surcharge, including any data to support
such an assessment.
(D) An assessment of how the Department of Defense
could calculate an upper bound of a target range for
the administrative surcharge account and the contract
administration services surcharge account, including an
assessment of the costs and benefits of setting such a
bound.
(E) An assessment of how the Department of Defense
calculates the lower bound, or safety level, for the
administrative surcharge account and the contract
administration services surcharge account, including
what specific factors inform the calculation and
whether such a method for calculating the safety level
is still valid or should be revisited.
(F) An assessment of the process used by the
Department of Defense to review and set rates for the
administrative surcharge and the contract
administration services surcharge, including the extent
to which outside parties are consulted and any
proposals of the Department of Defense may have for
better ensuring that the fee rates are set
appropriately.
(G) Such other matters as the Secretary of Defense
determines to be appropriate.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense, acting through the
Director of the Defense Security Cooperation Agency, shall submit to
the congressional defense committees a report on--
(1) the findings of the review conducted under paragraph
(1); and
(2) any legislative changes needed to allow the surcharge
under the foreign military sales program to pay for any
expenses currently not covered by administrative surcharge
under the foreign military sales program.
SEC. 1284. PERFORMANCE MEASURES TO MONITOR FOREIGN MILITARY SALES
PROGRAM.
(a) In General.--The Secretary of Defense, acting through the
Director of the Defense Security Cooperation Agency and in consultation
with the heads of other relevant components of the Department of
Defense, shall enhance the ability of the Department of Defense to
monitor the performance of the foreign military sales program by taking
the following actions:
(1) Develop performance measures to monitor the timeliness
of deliveries of defense articles and defense services to
purchasers in accordance with the delivery schedule for each
sale under the foreign military sales program.
(2) Identify key choke points, processes, and tasks that
contribute most significantly to delays, shortcomings, and
issues in the foreign military sales program.
(3) Review existing performance measures for the foreign
military sales program to determine whether such measures need
to be updated, replaced, or supplemented to ensure that all key
aspects of the foreign military sales program's efficiency and
service of United States national interests are able to be
monitored and informed by reliable data.
(b) Report on Performance Measures.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, acting
through the Director of the Defense Security Cooperation
Agency, shall submit to the appropriate congressional
committees a report that lists the performance measures
developed and identified under subsection (a).
(2) Matters to be included.--The report required by
paragraph (1) shall--
(A) define the performance measures, including
targets set for the performance measures;
(B) identify the data systems used to monitor the
performance measures;
(C) identify any concerns related to the
reliability of the data used to monitor the performance
measures; and
(D) report the results for the performance measures
for the most recent fiscal year.
(3) Plan.--If the performance measures developed and
identified under subsection (a) cannot be included in the
report required by paragraph (1) for the most recent fiscal
year based on reliable and accessible data, the report shall
include a plan for ensuring that such data will be monitored
within a defined period of time.
(4) Update.--
(A) In general.--For each fiscal year after the
fiscal year in which the report required by subsection
(b) is submitted to the appropriate congressional
committees, the Secretary of Defense shall submit to
such committees an update of the report required by
paragraph (1).
(B) Matters to be included.--Each update of the
report required by paragraph (1) shall also include the
following:
(i) For any performance measures that
indicate a decreased level of performance from
the prior year--
(I) a description of the factors
that led to such decreased level of
performance; and
(II) plans to improve such level of
performance.
(ii) For any performance measures that
remain unable to be monitored due to lack of
reliable and accessible data, an update on
plans to improve the monitoring of data.
(c) Briefing.--Not later than 180 days after the date on which the
Secretary of Defense, acting through the Director of the Defense
Security Cooperation Agency, submits to the appropriate congressional
committees the report required by subsection (b), the Comptroller
General of the United States shall provide a briefing to such
committees on the report, including an evaluation of the performance
measures developed and identified under subsection (a).
SEC. 1285. REPORT AND BRIEFING ON ADMINISTRATIVE BUDGETING OF FOREIGN
MILITARY SALES PROGRAM.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall provide a briefing to the congressional defense committees and
submit to the appropriate congressional committees a report on the
methodology used by the Department of Defense to determine future-year
needs for administrative surcharges under the foreign military sales
program.
(b) Matters To Be Included.--The briefing and report required by
subsection (a) shall include the following:
(1) A description of the methodology the Department of
Defense used to develop the overall administrative budget of
the foreign military sales program and the administrative
budgets for each other relevant component of the Department of
Defense that receives funds from the foreign military sales
program.
(2) An assessment of the extent to which the methodology
described in paragraph (1) reflects relevant best practices.
(3) Any other related matters the Comptroller General
determines to be appropriate.
SEC. 1286. TRAINING PROGRAM FOR RELEVANT OFFICIALS AND STAFF OF THE
DEFENSE SECURITY COOPERATION AGENCY.
(a) In General.--The Secretary of Defense, acting through the
Director of the Defense Security Cooperation Agency, shall establish
and implement a program to provide training to relevant officials and
staff of the Defense Security Cooperation Agency for purposes of
carrying out this Act and the amendments made by this Act.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, acting through the
Director of the Defense Security Cooperation Agency, shall submit to
the appropriate congressional committees a report on the implementation
of the program required by subsection (a).
SEC. 1287. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--Except as
otherwise provided, the term ``appropriate congressional
committees'' means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives.
(2) Foreign military sales program.--The term ``foreign
military sales program'' means the program authorized under
chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et
seq.).
Subtitle J--Matters Relating to Burma
SEC. 1291. LIMITATION ON SECURITY ASSISTANCE AND SECURITY COOPERATION.
(a) In General.--Except as provided in subsection (b), for the
period beginning on the date of the enactment of this subtitle and
ending on the date described in subsection (c), the United States may
not provide any security assistance or engage in any security
cooperation with any of the military or security forces of Burma.
(b) Exceptions; Waiver.--
(1) Exceptions.--
(A) Certain existing authorities.--Notwithstanding
subsection (a), the Secretary of Defense shall retain
the authority granted by section 1253 of the Carl Levin
and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (22 U.S.C. 2151
note). The limitation in subsection (a) of this section
may not be construed to limit the authority to provide
the Government of Burma with assistance necessary to
make available the activities described in subsection
(a) of such section 1253.
(B) Hospitality.--Notwithstanding subsection (a),
the Secretary of State and the United States Agency for
International Development may provide assistance
authorized under part I of the Foreign Assistance Act
of 1961 (22 U.S.C. 2151 et seq.) to provide hospitality
during research, dialogues, meetings, or other
activities by the parties attending the Union Peace
Conference 21st Century Panglong or related processes
seeking inclusive, sustainable reconciliation.
(2) Waiver.--The Secretary of State, with respect to
security assistance, and the Secretary of State in consultation
with the Secretary of Defense, with respect to security
cooperation programs and activities of the Department of
Defense, may waive on a case-by-case basis the limitation under
subsection (a) if the Secretary submits to the appropriate
congressional committees, not later than 30 days before such
waiver enters into effect--
(A) a list of the activities and participants to
which such waiver would apply;
(B) a certification, including a justification,
that the waiver is in the national security interest of
the United States; and
(C) a certification that none of the participants
included in the list described in subparagraph (A) have
committed any of the acts described in subparagraph (A)
or (B) of section 1282(b)(1) or committed any other
gross violation of human rights, as such term is
defined for purposes of section 362 of title 10, United
States Code.
(c) Certification of Significant Progress.--The date described in
this subsection is the earlier of the date that is 8 years after the
date of the enactment of this subtitle or the date on which the
Secretary of State certifies to the appropriate congressional
committees the following:
(1) The military and security forces of Burma--
(A) have demonstrated significant progress in
abiding by international human rights standards and are
undertaking meaningful security sector reform,
including reforms that enhance transparency and
accountability, to prevent future abuses;
(B) adhere to international humanitarian law;
(C) pledge to stop future human rights abuses;
(D) support efforts to carry out comprehensive
independent investigations of alleged abuses;
(E) are taking steps to hold accountable any
members of such forces determined to be responsible for
human rights abuses; and
(F) cease their attacks against ethnic minority
groups and participate in the conclusion of a
nationwide cease-fire agreement, political
accommodation, and constitutional change, including the
provision of citizenship to the Rohingya.
(2) The Government of Burma, including the military and
security forces--
(A) allows full humanitarian access to communities
in areas affected by conflict, including Rohingya
communities in Rakhine State;
(B) cooperates with the United Nations High
Commissioner for Refugees and organizations affiliated
with the United Nations to ensure the protection of
displaced persons and the safe, voluntary, sustainable,
and dignified return of refugees and internally
displaced persons;
(C) defines a transparent plan that includes--
(i) a timeline for professionalizing the
military and security forces; and
(ii) a process by which the military
withdraws from ownership or control of private-
sector business enterprises and ceases
involvement in the illegal trade in natural
resources and narcotics; and
(D) establishes civilian control over the finances
and assets of its military and security forces,
including that military expenditures are subject to
civilian oversight.
(d) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this subtitle, and annually thereafter, the
Secretary of Defense and the Secretary of State shall submit to
the appropriate congressional committees a report on the
strategy and plans for military-to-military engagement between
the United States Armed Forces and the military and security
forces of Burma.
(2) Elements required.--The report required under paragraph
(1) shall include the following:
(A) A description and assessment of the Government
of Burma's strategy for security sector reform,
including any plans to withdraw the military from
owning or controlling private-sector business entities
and end involvement in the illegal trade in jade and
other natural resources, reforms to end corruption and
illicit drug trafficking, and constitutional reforms to
ensure civilian control.
(B) A list of ongoing military activities conducted
by the United States Government with the Government of
Burma, and a description of the United States strategy
for future military-to-military engagements between the
United States and Burma's military and security forces.
(C) An assessment of the progress of the military
and security forces of Burma towards developing a
framework to implement human right reforms, including--
(i) cooperation with civilian authorities
and independent international investigations to
investigate and prosecute cases of human rights
abuses;
(ii) steps taken to demonstrate respect for
and implementation of the laws of war; and
(iii) a description of the elements of the
military-to-military engagement between the
United States and Burma that promote such
implementation.
(D) An assessment of progress on the peaceful
settlement of armed conflicts between the Government of
Burma and ethnic minority groups, including actions
taken by the military of Burma to adhere to cease-fire
agreements, allow for safe, voluntary, sustainable, and
dignified returns of displaced persons to their homes,
and withdraw forces from conflict zones.
(E) An assessment of the manner and extent to which
the Burmese military recruits and uses children as
soldiers.
(F) An assessment of the Burmese's military's use
of violence against women, sexual violence, or other
gender-based violence as a tool of terror, war, or
ethnic cleansing.
(e) Form.--
(1) In general.--The certification described in subsection
(c) and the report required by subsection (d) shall be
submitted in unclassified form but may include a classified
annex.
(2) Certification.--The certification described in
subsection (c) shall be accompanied by a written justification
in unclassified form, that may contain a classified annex,
describing the Burmese military's efforts to implement reforms,
end impunity for human rights abuses, and increase transparency
and accountability.
SEC. 1292. IMPOSITION OF EXISTING AND ADDITIONAL SANCTIONS FOR THE
VIOLATION OF HUMAN RIGHTS AND THE COMMISSION OF HUMAN
RIGHTS ABUSES IN BURMA.
(a) Sanctions Pursuant to Existing Authorities.--The President
shall impose sanctions--
(1) against officials in Burma, including Commander in
Chief of the Armed Forces of Myanmar Min Aung Hlaing, under the
Global Magnitsky Human Rights Accountability Act (22 U.S.C.
2656 note); and
(2) against military-owned enterprises, including the
Myanmar Economic Corporation and Union of Myanmar Economic
Holding, under the Burmese Freedom and Democracy Act (50 U.S.C.
1701 note), the Tom Lantos Block Burmese JADE (Junta's Anti-
Democratic Efforts) Act of 2008 (50 U.S.C. 1701 note), and
other relevant statutory authorities.
(b) Additional Sanctions.--For the 8-year period beginning on the
date that is 270 days after the date of the enactment of this subtitle,
the President shall impose the sanctions described in subsection (c)
with respect to each foreign person that the President determines,
based on credible evidence--
(1) is a current or former senior official of the military
or security forces of Burma who--
(A) knowingly perpetrated, ordered, or otherwise
directed serious human rights abuses in Burma; or
(B) has taken significant steps to impede
investigations or prosecutions of alleged serious human
rights abuses, including against the Rohingya community
in Rakhine State;
(2) is an entity owned or controlled by any person
described in paragraph (1);
(3) is an entity, such as the Myanmar Economic Cooperation
or the Myanmar Economic Holding Corporation, that is owned or
controlled, directly or indirectly, by the military or security
forces of Burma, including through collective or cooperative
structures, from which one or more persons described in
paragraph (1) derive significant revenue or financial benefit;
or
(4) has knowingly--
(A) provided significant financial, material, or
technological support--
(i) to a foreign person described in
paragraph (1) in furtherance of any of the acts
described in subparagraph (A) or (B) of such
paragraph; or
(ii) to any entity owned or controlled by
such person or an immediate family member of
such person; or
(B) received significant financial, material, or
technological support from a foreign person described
in paragraph (1) or an entity owned or controlled by
such person or an immediate family member of such
person.
(c) Sanctions Described; Exceptions.--
(1) Sanctions.--The sanctions described in this subsection
are the following:
(A) Asset blocking.--Notwithstanding the
requirements of section 202 of the International
Emergency Economic Powers Act (50 U.S.C. 1701), the
exercise of all powers granted to the President by such
Act to the extent necessary to block and prohibit all
transactions in all property and interests in property
of a foreign person the President determines meets one
or more of the criteria described in subsection (b) if
such property and interests in property are in the
United States, come within the United States, or are or
come within the possession or control of a United
States person.
(B) Ineligibility for admission.--In the case of a
foreign person who is an individual, such person shall
be--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted
or paroled into the United States or to receive
any other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(C) Current visas revoked.--
(i) The issuing consular officer or the
Secretary of State, (or a designee of the
Secretary of State) shall, in accordance with
section 221(i) of the Immigration and
Nationality Act (8 U.S.C. 1201(i)), revoke any
visa or other entry documentation issued to a
foreign person who is an individual regardless
of when the visa or other entry documentation
is issued.
(ii) A revocation under clause (i) shall
take effect immediately and automatically
cancel any other valid visa or entry
documentation that is in the person's
possession.
(D) Applicability to foreign entities and foreign
governments.--Subparagraphs (B) and (C) of this section
shall also apply with respect to aliens who are
officials of, agents or instrumentalities of, working
or acting on behalf of, or otherwise associated with, a
foreign entity or foreign government that is a foreign
person subject to the imposition of sanctions under
subsection (b), if such aliens are determined by the
Secretary of State to have knowingly authorized,
conspired to commit, been responsible for, engaged in,
or otherwise assisted or facilitated the actions
described in such subsection.
(2) Exception to comply with united nations headquarters
agreement.--Sanctions under this section shall not apply with
respect to an alien if admitting or paroling the alien into the
United States is necessary to permit the United States to
comply with the Agreement regarding the Headquarters of the
United Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the United
Nations and the United States, or other applicable
international obligations.
(d) Penalties.--Any person that violates, attempts to violate,
conspires to violate, or causes a violation of this section or any
regulation, license, or order issued to carry out subsection (c) shall
be subject to the penalties set forth in subsections (b) and (c) of
section 206 of the International Emergency Economic Powers Act (50
U.S.C. 1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of that section.
(e) Implementation.--The President may exercise all authorities
provided under sections 203 and 205 of the International Emergency
Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section
and shall issue such regulations, licenses, and orders as are necessary
to carry out this section.
(f) Waiver.--The President may annually waive the application of
sanctions imposed on a foreign person pursuant to subsection (b) if the
President--
(1) determines that a waiver with respect to such foreign
person is in the national interest of the United States; and
(2) not later than the date on which such waiver will take
effect, submits to the following committees notice of and
justification for such waiver:
(A) The Committee on Foreign Affairs, the Committee
on Appropriations, and the Committee on Financial
Services of the House of Representatives.
(B) The Committee on Foreign Relations, the
Committee on Appropriations, and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
(g) Exception Relating to the Importation of Goods.--
(1) In general.--The authorities and requirements to impose
sanctions authorized under this subtitle shall not include the
authority or requirement to impose sanctions on the importation
of goods.
(2) Good defined.--In this subsection, the term ``good''
means any article, natural or man-made substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
(h) Definitions.--In this section--
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1001).
(2) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(3) Knowingly.--The term ``knowingly'' means, with respect
to conduct, a circumstance, or a result, means that a person
has actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(4) United states person.--The term ``United States
person'' means--
(A) a United States citizen, an alien lawfully
admitted for permanent residence to the United States,
or any other individual subject to the jurisdiction of
the United States; or
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such entity.
SEC. 1293. GUIDANCE RELATING TO THE MINING SECTOR OF BURMA.
(a) Findings.--Congress finds the following:
(1) In 2015, the nongovernmental organization Global
Witness estimated that the value of total production of jade in
Burma in 2014 was $31,000,000,000, almost 48 percent of the
official gross domestic product of Burma. As much as 80 percent
of that jade sold is smuggled out of Burma.
(2) Burma's military and associated entities, including
companies owned or controlled by Myanmar Economic Corporation
and Myanmar Economic Holding Limited, their affiliated
companies, and companies owned or controlled by current and
former senior military officers or their family members, are
linked to the mining sector, including the gemstone industry,
and benefit financially from widespread illegal smuggling of
jade and rubies from Burma.
(3) Illegal trafficking in precious and semiprecious stones
from Burma, including the trade in high-value jade and rubies,
deprives the people of Burma and the civilian government of
critical revenue and instead benefits military-linked entities,
non-state armed groups, and transnational organized criminal
networks.
(4) In 2016, the Government of Burma began to take steps to
reform aspects of the mining sector, but the Gemstone Law
adopted in January 2019 does not adequately address corruption
and tax avoidance, conflicts of interest, or the factors
fueling conflict in Kachin State and other gemstone mining
areas.
(5) The lifting in October 2016 of United States sanctions
on the importation of jade and jadeite and rubies from Burma
allowed such gemstones to legally enter the United States
market, but some retailers have refrained from sourcing
gemstones of Burmese origin due to governance and reputational
concerns.
(b) Sense of Congress.--It is the sense of Congress that--
(1) notwithstanding Burma's ``Trafficking in Persons''
ranking, the President should continue to provide assistance to
Burma, pursuant to the waiver authority under section 110(d)(4)
of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7107(d)(4)), in order to re-engage with the Government of Burma
with respect to the mining sector and should make available
technical, capacity-building and other assistance through the
Department of State or the United States Agency for
International Development to support the Government of Burma in
efforts to reform the gemstone industry; and
(2) companies that seek to import to the United States
gemstones or minerals that may be of Burmese origin or articles
of jewelry containing such gemstones should--
(A) obtain such materials exclusively from entities
that satisfy the transparency criteria described in
subsection (d)(2) or from third parties that can
demonstrate that they sourced the materials from
entities that meet such criteria; and
(B) undertake robust due diligence procedures in
line with the ``Due Diligence Guidance for Responsible
Business Conduct'' and ``Due Diligence Guidance for
Responsible Supply Chains of Minerals from Conflict-
Affected and High-Risk Areas'' promulgated by the
Organization for Economic Cooperation and Development.
(c) List of Participating White-list Entities.--Not later than 120
days after the date of the enactment of this subtitle, and annually
thereafter until the date described in subsection (e), the Secretary of
State shall submit to the appropriate congressional committees, and
publish on a publicly available website, a list of each entity
described in subsection (d)(1) that--
(1) participates in Burma's mining sector;
(2) publicly discloses beneficial ownership, as such term
is defined for purposes of the Myanmar Extractive Industry
Transparency Initiative (``Myanmar EITI'');
(3) is not owned or controlled, either directly or
indirectly, by the Burmese military or security forces, any
current or former senior Burmese military officer, or any
person sanctioned by the United States pursuant to any relevant
sanctions authority; and
(4) is making significant progress toward meeting the
criteria described in subsection (d)(2).
(d) Entities and Criteria Described.--
(1) Entities described.--The entities described in this
subsection are the following:
(A) Entities that produce or process precious and
semiprecious gemstones.
(B) Entities that sell or export precious and
semiprecious gemstones from Burma or articles of
jewelry containing such gemstones.
(2) Criteria described.--The criteria described in this
subsection are the following:
(A) The entity publicly discloses any politically
exposed persons, officers, directors or beneficial
owners, as defined under the Myanmar EITI.
(B) The entity publicly discloses valid
authorization, license, or permit to produce, process,
sell, or export minerals or gemstones, as applicable.
(C) The entity publicly discloses payments to the
Government of Burma, including tax and non-tax,
license, or royalty payments, and other payments or
contract terms as may be required under Myanmar EITI
standards.
(D) The entity undertakes due diligence, in line
with the OECD Due Diligence Guidance for Responsible
Supply Chains of Minerals from Conflict-Affected and
High-Risk Areas, including public reporting.
(e) Periodic Updating.--The Secretary shall periodically update the
publicly available version of the list described in subsection (c) as
appropriate.
(f) Guidance and White-List Entities.--The Secretary shall issue
guidance for entities in the United States private sector with respect
to the best practices for supply-chain due diligence that are
applicable to importation of gemstones or minerals that may be of
Burmese origin or articles of jewelry containing such gemstones,
including with respect to transactions with entities approved for
inclusion in the list published pursuant subsection (c), in order to
mitigate potential risks and legal liabilities associated with the
importation of such items.
(g) Termination.--The date described in this section is the date on
which the President certifies to the appropriate congressional
committees that the Government of Burma has taken substantial measures
to reform the mining sector in Burma, including the following:
(1) Require the mandatory disclosure of payments, permit
and license allocations, project revenues, contracts, and
beneficial ownership, including the identification any
politically exposed persons who are beneficial owners,
consistent with the approach agreed under the Myanmar EITI and
with due regard for civil society participation.
(2) Separate the commercial, regulatory, and revenue
collection responsibilities within the Myanmar Gems Enterprise
and other key state-owned enterprises to remove existing
conflicts of interest.
(3) Monitor and undertake enforcement actions, as
warranted, to ensure that entities--
(A) adhere to environmental and social impact
assessment and management standards in accordance with
international responsible mining practices, the
country's environmental conservation law, and other
applicable laws and regulations; and
(B) uphold occupational health and safety standards
and codes of conduct that are aligned with the core
labor standards of the International Labour
Organisation and with domestic law.
(4) Address the transparent and fair distribution of
benefits from natural resources, including through local
benefit-sharing.
(5) Reform the process for valuation of gemstones at the
mine-site, including developing an independent valuation system
to prevent undervaluation and tax evasion.
(6) Require companies bidding for jade and ruby mining,
finishing, or export permits to be independently audited upon
the request of the Government of Burma and making the results
of all such audits public.
(7) Establish credible and transparent procedures for
permit allocations that are independent from external
influence, including scrutiny of applicants that prevents
unscrupulous entities from gaining access to concessions or the
right to trade in minerals or gemstones.
(8) Establish effective oversight of state-owned
enterprises operating in such sector, including through
parliamentary oversight or requirements for independent
financial auditing.
SEC. 1294. REPORT AND DETERMINATION ON ACCOUNTABILITY FOR WAR CRIMES,
CRIMES AGAINST HUMANITY, AND GENOCIDE IN BURMA.
(a) In General.--Not later than 90 days after the date of the
enactment of this subtitle, the Secretary of State shall submit to the
appropriate congressional committees a report that--
(1) summarizes credible reports of serious human rights
violations, including war crimes, committed against the
Rohingya or other ethnic minorities in Burma between 2012 and
the date of the submission of the report;
(2) describes any potential transitional justice mechanisms
in Burma;
(3) provides an analysis of whether the serious human
rights violations summarized pursuant to paragraph (1) amount
to war crimes, crimes against humanity, or genocide; and
(4) includes a determination of the Secretary whether--
(A) the events that took place in the state of
Rakhine in Burma, starting on August 25, 2017,
constitute war crimes, crimes against humanity, or
genocide; or
(B) the situation faced by the Rohingya in Rakhine
State, between 2012 and the date of the submission of
the report, amounts to or has amounted to the crime of
apartheid.
(b) Elements.--The report required by subsection (a) shall also
include each of the following:
(1) A description of--
(A) each incident for which there is credible
evidence that the incident may constitute war crimes,
crimes against humanity, or genocide committed by the
Burmese military or security forces against the
Rohingya and other ethnic minorities, including the
identities of any other actors involved in such
incident;
(B) the role of the civilian government in the
commission of any such incidents;
(C) each incident for which there is credible
evidence that the incident may constitute war crime,
crimes against humanity, or genocide committed by
violent extremist groups in Burma;
(D) each attack on health workers, health
facilities, health transport, or patients and, to the
extent possible, the identities of any individuals who
engaged in or organized such incidents in Burma; and
(E) to the extent possible, a description of the
conventional and unconventional weapons used for any
such crimes and the sources of such weapons.
(2) A description and assessment, in consultation with the
Administrator of the United States Agency for International
Development, the Attorney General, and other heads of any other
appropriate Federal departments or agencies, of the
effectiveness of any programs that the United States has
already undertaken to ensure accountability for war crimes,
crimes against humanity, and genocide perpetrated against the
Rohingya by the military and security forces of Burma, the
Rakhine State government, pro-government militias, and all
other armed groups operating fighting in Rakhine, including
programs to--
(A) train civilian investigators within and outside
of Burma and Bangladesh on how to document,
investigate, develop findings of, identify, and locate
alleged perpetrators of war crimes, crimes against
humanity, or genocide in Burma;
(B) promote and prepare for a transitional justice
process or processes for the perpetrators of war
crimes, crimes against humanity, and genocide occurring
in the State of Rakhine in 2017; and
(C) document, collect, preserve, and protect
evidence of war crimes, crimes against humanity, and
genocide in Burma, including by providing support for
Burmese, Bangladeshi, foreign, and international
nongovernmental organizations, the United Nations Human
Rights Council's investigative team, and other entities
engaged in such investigative activities.
(3) A detailed study of the feasibility and desirability of
potential transitional justice mechanisms for Burma, such as an
international tribunal, a hybrid tribunal, or other
international options, that includes--
(A) a discussion of the use of universal
jurisdiction or of legal cases brought against the
country of Burma by other sovereign countries at the
International Court of Justice to address war crimes,
crimes against humanity, and genocide perpetrated in
Burma;
(B) recommendations on which transitional justice
mechanisms the United States should support, why such
mechanisms should be supported, and what type of
support should be offered; and
(C) close consultation regarding transitional
justice mechanisms with Rohingya representatives and
those of other ethnic minorities who have suffered
grave human rights abuses.
(c) Protection of Witnesses and Evidence.--The Secretary of State
shall ensure that the identification of witnesses and physical evidence
for purposes of the report required by subsection (a) are not publicly
disclosed in a manner that might place such persons at risk of harm or
encourage the destruction of such evidence by the military or
Government of Burma.
(d) Crime of Apartheid.--In this section, the term ``crime of
apartheid'' means inhumane acts that--
(1) are of a character similar to the acts referred to in
subparagraphs (A) through (H) of section 1285(2);
(2) are committed in the context of an institutionalized
regime of systematic oppression and domination by one racial
group over any other racial group; and
(3) are committed with the intention of maintaining such
regime.
(e) Authorization to Provide Technical Assistance.--The Secretary
of State is authorized to provide assistance to support appropriate
civilian or international entities that are undertaking the efforts
described in subsection (f) with respect to war crimes, crimes against
humanity, and genocide perpetrated by the military and security forces
of Burma, the Rakhine State government, pro-government militias, or any
other armed groups fighting in Rakhine State.
(f) Efforts Against Human Rights Abuses.--The efforts described in
this subsection are the following:
(1) Identifying suspected perpetrators of war crimes,
crimes against humanity, and genocide.
(2) Collecting, documenting, and protecting evidence of
such crimes and preserve the chain of custody for such
evidence.
(3) Conducting criminal investigations.
(4) Supporting investigations conducted by other countries,
as appropriate.
(g) Authorization for Transitional Justice Mechanisms.--The
Secretary of State, taking into account any relevant findings in the
report required by subsection (a), is authorized to provide support for
the creation and operation of transitional justice mechanisms,
including a potential hybrid tribunal, to prosecute individuals
suspected of committing war crimes, crimes against humanity, or
genocide in Burma.
SEC. 1295. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate.
(2) Crimes against humanity.--The term ``crimes against
humanity'' includes, when committed as part of a widespread or
systematic attack directed against any civilian population,
with knowledge of the attack--
(A) murder;
(B) deportation or forcible transfer of population;
(C) torture;
(D) extermination;
(E) enslavement;
(F) rape, sexual slavery, or any other form of
sexual violence of comparable severity;
(G) persecution against any identifiable group or
collectivity on political, racial, national, ethnic,
cultural, religious, gender, or other grounds that are
universally recognized as impermissible under
international law; and
(H) enforced disappearance of persons.
(3) Genocide.--The term ``genocide'' means any offense
described in section 1091(a) of title 18, United States Code.
(4) Transitional justice.--The term ``transitional
justice'' means the range of judicial, nonjudicial, formal,
informal, retributive, and restorative measures employed by
countries transitioning out of armed conflict or repressive
regimes to redress legacies of atrocities and to promote long-
term, sustainable peace.
(5) War crime.--The term ``war crime'' has the meaning
given the term in section 2441(c) of title 18, United States
Code.
Subtitle K--Saudi Arabia Human Rights and Accountability
SEC. 1296. REPORT ON INTELLIGENCE COMMUNITY ASSESSMENT RELATING TO THE
KILLING OF WASHINGTON POST COLUMNIST JAMAL KHASHOGGI.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate congressional committees a report consisting
of--
(1) a determination and presentation of evidence with
respect to the advance knowledge and role of any current or
former official of the Government of Saudi Arabia or any
current or former senior Saudi political figure over the
directing, ordering, or tampering of evidence in the killing of
Washington Post columnist Jamal Khashoggi; and
(2) a list of foreign persons that the Director of National
Intelligence has high confidence--
(A) were responsible for, or complicit in,
ordering, controlling, or otherwise directing an act or
acts contributing to or causing the death of Jamal
Khashoggi;
(B) knowingly and materially assisted, sponsored,
or provided financial, material, or technological
support for, or goods or services in support of, an
activity described in subparagraph (A); or
(C) impeded the impartial investigation of the
killing of Jamal Khashoggi, including through the
tampering of evidence relating to the investigation.
(b) Form.--
(1) In general.--The report required by subsection (a)
shall be submitted in unclassified form, but may include a
classified annex.
(2) Names of foreign persons listed.--The name of each
foreign person listed in the report described in subsection
(a)(2) shall be included in the unclassified portion of the
report unless the Director of National Intelligence determines
that such disclosure would undermine United States intelligence
sources and methods or threaten the national security interests
of the United States.
(c) Defined.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Permanent Select Committee on Intelligence of the House
of Representatives; and
(B) the Committee on Foreign Relations and the
Select Committee on Intelligence of the Senate.
(2) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
SEC. 1296A. SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT ENGAGE IN
ACTIVITIES DESCRIBED IN SECTION 1281(A)(2).
(a) Imposition of Sanctions.--On and after the date that is 120
days after the date of the enactment of this Act, the sanctions
described in subsection (b) shall be imposed with respect to each
foreign person listed in the report described in section 1281(a)(2).
(b) Sanctions Described.--
(1) In general.--The sanctions described in this subsection
are the following:
(A) Ineligibility for visas and admission to the
united states.--
(i) Inadmissibility to the United States.
(ii) Ineligibility to receive a visa or
other documentation to enter the United States.
(iii) Ineligibility to otherwise be
admitted or paroled into the United States or
to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101
et seq.).
(B) Current visas revoked.--
(i) Revocation of any visa or other entry
documentation regardless of when the visa or
other entry documentation is or was issued.
(ii) A revocation under clause (i) shall--
(I) take effect immediately; and
(II) automatically cancel any other
valid visa or entry documentation that
is in the foreign person's possession.
(2) Exception to comply with international obligations.--
Sanctions under paragraph (1) shall not apply with respect to a
foreign person if admitting or paroling the person into the
United States is necessary to permit the United States to
comply with the Agreement regarding the Headquarters of the
United Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the United
Nations and the United States, or other applicable
international obligations.
(3) Waiver in the interest of national security.--The
President may waive the application of this section with
respect to a foreign person who is A-1 visa eligible and who is
present in or seeking admission into the United States for
purposes of official business if the President determines and
transmits to the appropriate congressional committees written
notice and justification not later than 15 days before the
granting of such waiver, that such a waiver is in the national
security interests of the United States.
(c) Suspension of Sanctions.--
(1) In general.--The President may suspend in whole or in
part the imposition of sanctions otherwise required under this
section for periods not to exceed 180 days if the President
certifies to the appropriate congressional committees that the
following criteria have been met in Saudi Arabia:
(A) The Government of Saudi Arabia has released any
individual who is a journalist, blogger, human rights
defender, advocate for religious liberty, or civil
society activist detained by the Government of Saudi
Arabia.
(B) The Government of Saudi Arabia is cooperating
in outstanding criminal proceedings in the United
States in which a Saudi citizen or national departed
from the United States while the citizen or national
was awaiting trial or sentencing for a criminal offense
committed in the United States.
(C) The Government of Saudi Arabia is refraining
from the obstruction of the free expression of opinion
and restriction of individuals from engaging in public
criticism of the political sphere.
(D) The Government of Saudi Arabia has made
verifiable commitments to cease the practice of harming
citizens of Saudi Arabia conducting peaceful dissent,
whether or not those citizens reside in Saudi Arabia,
including enforced repatriation, disappearance, arrest,
imprisonment, or harassment.
(E) The Government of Saudi Arabia has taken
verifiable steps to hold accountable Saudi violators of
human rights, whether or not those violations took
place in Saudi Arabia.
(F) The Government of Saudi Arabia has taken
verifiable steps to repeal any law or regulation that
requires Saudi women to obtain approval from a male
guardian in order to leave the country.
(G) The Government of Saudi Arabia--
(i) has made public the names of all
individuals under prosecution for the murder of
Jamal Khashoggi and associated crimes and the
details of the charges such individuals face;
(ii) has made public the trial proceedings
and all evidence against the accused;
(iii) has invited international,
independent experts to monitor the trials;
(iv) has made public details of efforts to
establish the location of Mr. Khashoggi's
remains and associated findings and returned
his body to his family; and
(v) has made public the rationale for why
ten of the individuals initially detained were
later released without charge.
(H) The Government of Saudi Arabia has disbanded
any units of its intelligence or security apparatus
dedicated to the forced repatriation of dissidents in
other countries.
(I) The Government of Saudi Arabia is cooperating
with efforts to investigate the murder of Jamal
Khashoggi being conducted by law enforcement
authorities in the United States and Turkey, or by the
United Nations.
(2) Report.--Accompanying the certification described in
paragraph (1), the President shall submit to the appropriate
congressional committees a report that contains a detailed
description of Saudi Arabia's adherence to the criteria
described in the certification.
(d) Definitions.--In this section:
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on the Judiciary, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on the Judiciary, and the Select Committee on
Intelligence of the Senate.
(3) Foreign person.--The term ``foreign person'' has the
meaning given such term in section 595.304 of title 31, Code of
Federal Regulations (as in effect on the day before the date of
the enactment of this Act), except that such term does not
include an entity (as such term is described in such section).
(4) Foreign person who is a-1 visa eligible.--The term
``foreign person who is A-1 visa eligible'' means an alien
described in section 101(a)(15)(A)(i) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(A)(i)).
(5) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity.
SEC. 1296B. REPORT ON SAUDI ARABIA'S HUMAN RIGHTS RECORD.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of State, in accordance with
section 502B(c) of the Foreign Assistance Act of 1961 (22 U.S.C.
2304(c)), shall submit to the appropriate congressional committees a
report in writing that--
(1) includes the information required under paragraph (1)
of such section 502B(c) with respect to Saudi Arabia;
(2) describes the extent to which officials of the
Government of Saudi Arabia, including members of the military
or security services, are responsible for or complicit in gross
violations of internationally recognized human rights,
including violations of the human rights of journalists,
bloggers, human rights defenders, and those who support women's
rights or religious freedom;
(3) describes violations of human rights in Saudi Arabia by
officials of the Government of Saudi Arabia, including against
journalists, bloggers, human rights defenders, and civil
society activists;
(4) describes United States actions to address Saudi
violations of human rights, including against journalists,
bloggers, human rights defenders, and civil society activists,
including demands for clemency review of these cases;
(5) describes any intolerant content in educational
materials published by Saudi Arabia's Ministry of Education
that are used in schools both inside Saudi Arabia and at
schools throughout the world; and
(6) describes United States actions to encourage Saudi
Arabia to retrieve and destroy materials with intolerant
material and revise teacher manuals and retrain teachers to
reflect changes in educational materials and promote tolerance.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(c) Appropriate Congressional Committees Defined.--In the section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(2) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
Subtitle L--Stop Financing of Al-Shabaab Act
SEC. 1297. SHORT TITLE.
This subtitle may be cited as the ``Stop Financing of al-Shabaab
Act''.
SEC. 1297A. SENSE OF CONGRESS AND STATEMENT OF POLICY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Horn of Africa region remains integral to United
States interests in Africa and the Indian Ocean region; and
(2) United States assistance and diplomatic support for the
Government of Somalia and its Federal Member States must be
predicated upon measurable progress toward defined benchmarks
with respect to efforts to counter al-Shabaab, including the
enforcement of measures to combat illicit trafficking that
finances al-Shabaab.
(b) Statement of Policy.--It is the policy of the United States
to--
(1) combat any means by which al-Shabaab obtains funding
through illicit trafficking;
(2) take into consideration compliance with and enforcement
of the international bans on illicit trafficking which finances
al-Shabaab when providing United States assistance to any
country;
(3) notify countries receiving United States security
assistance which are identified by the Secretary of State or
Secretary of Defense as major components of illicit trafficking
routes that finance al-Shabaab, that continued assistance may
depend on the full implementation of the obligations of such
country to enforce as fully as possibly all restrictions
against such trafficking; and
(4) ensure that continued United States security assistance
to Kenya, including assistance coordinated through the Kenya-
United States Liaison Office, and assistance to multilateral
institutions such as the African Union Mission in Somalia
(AMISOM) to combat al-Shabaab recruitment, attacks, and other
operations inside Kenya also includes assistance to enable the
Kenya Defense Forces to end facilitation of trafficking that
funds al-Shabaab encountered by the Kenya Defense Forces.
SEC. 1297B. REPORT.
(a) Report.--Subject to subsection (b), not later than 90 days
after the date of the enactment of this Act, the Secretary of State, in
coordination with the Secretary of Defense, shall submit to the
relevant Congressional committees a report including the contents
described in subsection (b).
(b) Contents.--Each report described in subsection (a) shall
include the following:
(1) Information on efforts made by troop contributors to
AMISOM to enforce any international bans on trafficked goods.
(2) A recommendation, including a justification for such
recommendation, with respect to making certain future United
States security or other assistance to any country conditional
on enforcement of such international bans on illicit
trafficking that finances al-Shabaab.
(3) The steps the Secretary of State and the Secretary of
Defense have taken to encourage ending the facilitation of
trafficking that finances al-Shabaab by recipients of United
States security assistance.
(4) A description of the engagement of employees and
contractors of the Department of State with national and
regional Somali authorities, including authorities in Jubaland,
to encourage such Somali authorities to implement their
counter-trafficking obligations.
(5) A description of efforts taken by the governments of
countries with nationals who purchase significant amounts of
trafficked goods that finance al-Shabaab and a description of
the steps the Secretary of State has taken to encourage such
compliance.
(6) An assessment of prospective efforts to reduce the
production and illicit trade of trafficked goods in Somalia,
including the identification of alternative livelihoods, and
means of securing income. The assessment may include
recommendations from the Administrator of the United States
Agency for International Development.
(c) Classified Information.--Each report required under subsection
(a) shall be submitted in unclassified form but may contain a
classified annex.
(d) Definition.--In this section, the term ``relevant Congressional
committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
TITLE XIII--COOPERATIVE THREAT REDUCTION
SEC. 1301. FUNDING ALLOCATIONS.
Of the $338,700,000 authorized to be appropriated to the Department
of Defense for fiscal year 2020 in section 301 and made available by
the funding table in division D for the Department of Defense
Cooperative Threat Reduction Program established under section 1321 of
the Department of Defense Cooperative Threat Reduction Act (50 U.S.C.
3711), the following amounts may be obligated for the purposes
specified:
(1) For strategic offensive arms elimination, $492,000.
(2) For chemical weapons destruction, $12,856,000.
(3) For global nuclear security, $33,919,000.
(4) For cooperative biological engagement, $183,642,000.
(5) For proliferation prevention, $79,869,000.
(6) For activities designated as Other Assessments/
Administrative Costs, $27,922,000.
SEC. 1302. SPECIFICATION OF COOPERATIVE THREAT REDUCTION FUNDS.
Funds appropriated pursuant to the authorization of appropriations
in section 301 and made available by the funding table in division D
for the Department of Defense Cooperative Threat Reduction Program
shall be available for obligation for fiscal years 2020, 2021, and
2022.
SEC. 1303. FUNDING FOR COOPERATIVE BIOLOGICAL ENGAGEMENT PROGRAM.
(a) Increase.--Notwithstanding the amount set forth in section
1301(4) for cooperative biological engagement and the amounts
authorized to be appropriated in section 301 for operation and
maintenance for the Department of Defense Cooperative Threat Reduction
Program, as specified in the corresponding funding table in section
4301, the amount for cooperative biological engagement is hereby
increased by $20,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for research, development, test, and evaluation, Defense-
wide, as specified in the corresponding funding table in section 4201,
for Advanced Innovative Technologies, line 096, is hereby reduced by
$20,000,000.
SEC. 1304. COOPERATIVE THREAT REDUCTION PROGRAM ENHANCEMENT.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense, in coordination with the Secretary of
State, shall submit to the congressional defense committees and the
Committee on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate a report regarding the
Cooperative Threat Reduction Program (established pursuant to the
Department of Defense Cooperate Threat Reduction Act (enacted as
subtitle B of title XIII of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015 (50
U.S.C. 3701 et seq.)), including recommendations to improve the
implementation of such Program.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2020
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds, as specified in the funding table in section 4501.
SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for the Department of Defense for fiscal year 2020
for expenses, not otherwise provided for, for Chemical Agents and
Munitions Destruction, Defense, as specified in the funding table in
section 4501.
(b) Use.--Amounts authorized to be appropriated under subsection
(a) are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such Act.
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2020 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide,
as specified in the funding table in section 4501.
SEC. 1404. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2020 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense, as specified in the funding table in section 4501.
SEC. 1405. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 2020
for the Defense Health Program for use of the Armed Forces and other
activities and agencies of the Department of Defense for providing for
the health of eligible beneficiaries, as specified in the funding table
in section 4501.
SEC. 1406. NATIONAL DEFENSE SEALIFT FUND.
Funds are hereby authorized to be appropriated for fiscal year 2020
for the National Defense Sealift Fund, as specified in the funding
tables in section 4501.
Subtitle B--Other Matters
SEC. 1411. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF
DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY
DEMONSTRATION FUND FOR CAPTAIN JAMES A. LOVELL HEALTH
CARE CENTER, ILLINOIS.
(a) Authority for Transfer of Funds.--Of the funds authorized to be
appropriated by section 1405 and available for the Defense Health
Program for operation and maintenance, $127,500,000 may be transferred
by the Secretary of Defense to the Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration Fund
established by subsection (a)(1) of section 1704 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2571). For purposes of subsection (a)(2) of such section 1704,
any funds so transferred shall be treated as amounts authorized and
appropriated specifically for the purpose of such a transfer.
(b) Use of Transferred Funds.--For the purposes of subsection (b)
of such section 1704, facility operations for which funds transferred
under subsection (a) may be used are operations of the Captain James A.
Lovell Federal Health Care Center, consisting of the North Chicago
Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical facility
under an operational agreement covered by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500).
SEC. 1412. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT
HOME.
There is hereby authorized to be appropriated for fiscal year 2020
from the Armed Forces Retirement Home Trust Fund the sum of $64,300,000
for the operation of the Armed Forces Retirement Home.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Appropriations
SEC. 1501. PURPOSE.
The purpose of this title is to authorize appropriations for the
Department of Defense for fiscal year 2020 to provide additional funds
for overseas contingency operations being carried out by the Armed
Forces.
SEC. 1502. PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2020
for procurement accounts for the Army, the Navy and the Marine Corps,
the Air Force, and Defense-wide activities, as specified in the funding
table in section 4102.
SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal year 2020
for the use of the Department of Defense for research, development,
test, and evaluation, as specified in the funding table in section
4202.
SEC. 1504. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal year 2020
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, as specified in the funding table in section
4302.
SEC. 1505. MILITARY PERSONNEL.
Funds are hereby authorized to be appropriated for fiscal year 2020
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for,
military personnel accounts, as specified in the funding table in
section 4402.
SEC. 1506. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2020
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds, as specified in the funding table in section 4502.
SEC. 1507. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2020 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide,
as specified in the funding table in section 4502.
SEC. 1508. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2020 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense, as specified in the funding table in section 4502.
SEC. 1509. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2020 for expenses, not otherwise provided
for, for the Defense Health Program, as specified in the funding table
in section 4502.
Subtitle B--Financial Matters
SEC. 1511. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are in
addition to amounts otherwise authorized to be appropriated by this
Act.
SEC. 1512. SPECIAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this title for fiscal
year 2019 between any such authorizations for that fiscal year
(or any subdivisions thereof). Amounts of authorizations so
transferred shall be merged with and be available for the same
purposes as the authorization to which transferred.
(2) Limitation.--The total amount of authorizations that
the Secretary may transfer under the authority of this
subsection may not exceed $500,000,000.
(b) Terms and Conditions.--
(1) In general.--Transfers under this section shall be
subject to the same terms and conditions as transfers under
section 1001.
(2) Additional limitation on transfers for drug
interdiction and counter drug activities.--The authority
provided by subsection (a) may not be used to transfer any
amount to Drug Interdiction and Counter Drug Activities,
Defense-wide.
(c) Additional Authority.--The transfer authority provided by this
section is in addition to the transfer authority provided under section
1001.
Subtitle C--Other Matters
SEC. 1521. AFGHANISTAN SECURITY FORCES FUND.
(a) Continuation of Prior Authorities and Notice and Reporting
Requirements.--Funds available to the Department of Defense for the
Afghanistan Security Forces Fund for fiscal year 2020 shall be subject
to the conditions contained in--
(1) subsections (b) through (f) of section 1513 of the
National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 122 Stat. 428); and
(2) section 1521(d)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2577).
(b) Equipment Disposition.--
(1) Acceptance of certain equipment.--Subject to paragraph
(2), the Secretary of Defense may accept equipment that is
procured using amounts authorized to be appropriated for the
Afghanistan Security Forces Fund by this Act and is intended
for transfer to the security forces of the Ministry of Defense
and the Ministry of the Interior of the Government of
Afghanistan, but is not accepted by such security forces.
(2) Conditions on acceptance of equipment.--Before
accepting any equipment under the authority provided by
paragraph (1), the Commander of United States forces in
Afghanistan shall make a determination that such equipment was
procured for the purpose of meeting requirements of the
security forces of the Ministry of Defense and the Ministry of
the Interior of the Government of Afghanistan, as agreed to by
both the Government of Afghanistan and the Government of the
United States, but is no longer required by such security
forces or was damaged before transfer to such security forces.
(3) Elements of determination.--In making a determination
under paragraph (2) regarding equipment, the Commander of
United States forces in Afghanistan shall consider alternatives
to the acceptance of such equipment by the Secretary. An
explanation of each determination, including the basis for the
determination and the alternatives considered, shall be
included in the relevant quarterly report required under
paragraph (5).
(4) Treatment as department of defense stocks.--Equipment
accepted under the authority provided by paragraph (1) may be
treated as stocks of the Department of Defense upon
notification to the congressional defense committees of such
treatment.
(5) Quarterly reports on equipment disposition.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act and every 90-day
period thereafter during which the authority provided
by paragraph (1) is exercised, the Secretary shall
submit to the congressional defense committees a report
describing the equipment accepted during the period
covered by such report under the following:
(i) This subsection.
(ii) Section 1521(b) of the National
Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2575).
(iii) Section 1531(b) of the National
Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 1088).
(iv) Section 1532(b) of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public
Law 113-291; 128 Stat. 3613).
(v) Section 1531(d) of the National Defense
Authorization Act for Fiscal Year 2014 (Public
Law 113-66; 127 Stat. 938; 10 U.S.C. 2302
note).
(B) Elements.--Each report under subparagraph (A)
shall include a list of all equipment that was accepted
during the period covered by such report and treated as
stocks of the Department of Defense and copies of the
determinations made under paragraph (2), as required by
paragraph (3).
(c) Security of Afghan Women.--
(1) In general.--Of the funds available to the Department
of Defense for the Afghan Security Forces Fund for fiscal year
2020, it is the goal that $45,500,000, but in no event less
than $10,000,000, shall be used for--
(A) the recruitment, integration, retention,
training, and treatment of women in the Afghan National
Defense and Security Forces; and
(B) the recruitment, training, and contracting of
female security personnel for future elections.
(2) Types of programs and activities.--Such programs and
activities may include--
(A) efforts to recruit and retain women into the
Afghan National Defense and Security Forces, including
the special operations forces;
(B) programs and activities of the Directorate of
Human Rights and Gender Integration of the Ministry of
Defense of Afghanistan and the Office of Human Rights,
Gender and Child Rights of the Ministry of Interior of
Afghanistan;
(C) development and dissemination of gender and
human rights educational and training materials and
programs within the Ministry of Defense and the
Ministry of Interior of Afghanistan;
(D) efforts to address harassment and violence
against women within the Afghan National Defense and
Security Forces;
(E) improvements to infrastructure that address the
requirements of women serving in the Afghan National
Defense and Security Forces, including appropriate
equipment for female security and police forces, and
transportation for policewomen to their station;
(F) support for Afghanistan National Police Family
Response Units;
(G) security provisions for high-profile female
police and military officers; and
(H) programs to promote conflict prevention,
management, and resolution through the meaningful
participation of Afghan women in the Afghan National
Defense and Security Forces by exposing Afghan women
and girls to the activities of and careers available
with such forces, encouraging their interest in such
careers, or developing their interest and skills
necessary for service in such forces; and
(I) enhancements to the recruitment programs of the
Afghan National Defense and Security Forces through an
aggressive program of advertising and market research
targeted at prospective female recruits for such forces
and at those who may influence prospective female
recruits.
(d) Assessment of Afghanistan Progress on Objectives.--
(1) Assessment required.--Not later than June 1, 2020, the
Secretary of Defense shall, in consultation with the Secretary
of State, submit to the Committee on Armed Services and the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Armed Services and the Committee on
Foreign Relations of the Senate an assessment describing--
(A) the progress of the Government of the Islamic
Republic of Afghanistan toward meeting shared security
objectives; and
(B) the efforts of the Government of the Islamic
Republic of Afghanistan to manage, employ, and sustain
the equipment and inventory provided under subsection
(a).
(2) Matters to be included.--In conducting the assessment
required by paragraph (1), the Secretary of Defense shall
include each of the following:
(A) A consideration of the extent to which the
Government of Afghanistan has a strategy for, and has
taken steps toward, increased accountability and the
reduction of corruption within the Ministry of Defense
and the Ministry of Interior of Afghanistan.
(B) A consideration of the extent to which the
capability and capacity of the Afghan National Defense
and Security Forces have improved as a result of
Afghanistan Security Forces Fund investment, including
through training, and an articulation of the metrics
used to assess such improvements.
(C) A consideration of the extent to which the
Afghan National Defense and Security Forces have been
able to increase pressure on the Taliban, al-Qaeda, the
Haqqani network, the Islamic State of Iraq and Syria-
Khorasan, and other terrorist organizations, including
by re-taking territory, defending territory, and
disrupting attacks.
(D) A consideration of the distribution practices
of the Afghan National Defense and Security Forces and
whether the Government of Afghanistan is ensuring that
supplies, equipment, and weaponry supplied by the
United States are appropriately distributed to, and
employed by, security forces charged with fighting the
Taliban and other terrorist organizations.
(E) A consideration of the extent to which the
Government of Afghanistan has designated the
appropriate staff, prioritized the development of
relevant processes, and provided or requested the
allocation of resources necessary to support a peace
and reconciliation process in Afghanistan.
(F) A description of the ability of the Ministry of
Defense and the Ministry of Interior of Afghanistan to
manage and account for previously divested equipment,
including a description of any vulnerabilities or
weaknesses of the internal controls of such Ministry of
Defense and Ministry of Interior and any plan in place
to address shortfalls.
(G) A description of the monitoring and evaluation
systems in place to ensure assistance provided under
subsection (a) is used only for the intended purposes.
(H) A description of any significant irregularities
in the divestment of equipment to the Afghan National
Defense and Security Forces during the period beginning
on May 1, 2019, and ending on May 1, 2020, including
any major losses of such equipment or any inability on
the part of the Afghan National Defense and Security
Forces to account for equipment so procured.
(I) A description of the sustainment and
maintenance costs required during the period beginning
on May 1, 2019, and ending on May 1, 2020, for major
weapons platforms previously divested, and a plan for
how the Afghan National Defense and Security Forces
intends to maintain such platforms in the future.
(J) A consideration of the extent to which the
Government of Afghanistan is adhering to conditions for
receiving assistance established in annual financial
commitment letters or any other bilateral agreements
with the United States.
(K) A consideration of the extent to which the
Government of Afghanistan has made progress in
achieving security sector benchmarks as outlined by the
United States-Afghan Compact (commonly known as the
``Kabul Compact'').
(L) Such other factors as the Secretaries consider
appropriate.
(3) Form.--The assessment required by paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
(4) Withholding of assistance for insufficient progress.--
(A) In general.--If the Secretary of Defense
determines, in coordination with the Secretary of State
and pursuant to the assessment under paragraph (1),
that the Government of Afghanistan has made
insufficient progress in the areas described in
paragraph (2), the Secretary of Defense shall--
(i) withhold $480,000,000, to be derived
from amounts made available for assistance for
the Afghan National Defense and Security
Forces, from expenditure or obligation until
the date on which the Secretary certifies to
Congress that the Government of Afghanistan has
made sufficient progress; and
(ii) notify Congress not later than 30 days
before withholding such funds.
(B) Waiver.--If the Secretary of Defense determines
that withholding such assistance would impede the
national security objectives of the United States by
prohibiting, restricting, delaying, or otherwise
limiting the provision of assistance, the Secretary may
waive the withholding requirement under subparagraph
(A) if the Secretary, in coordination with the
Secretary of State, certifies such determination to
Congress not later than 30 days before the effective
date of the waiver.
(e) Additional Reporting Requirements.--The Secretary of Defense
shall include in the materials submitted in support of the budget for
fiscal year 2021 that is submitted by the President under section
1105(a) of title 31, United States Code, each of the following:
(1) The amount of funding provided in fiscal year 2019
through the Afghanistan Security Forces Fund to the Government
of Afghanistan in the form of direct government-to-government
assistance or on-budget assistance for the purposes of
supporting any entity of such government, including the Afghan
National Defense and Security Forces, the Afghan Ministry of
Interior, or the Afghan Ministry of Defense.
(2) The amount of funding provided and anticipated to be
provided, as of the date of the submission of the materials, in
fiscal year 2020 through such Fund in such form.
(3) To the extent the amount described in paragraph (2)
exceeds the amount described in paragraph (1), an explanation
as to the reason why the such amount is greater and the
specific entities and purposes that were supported by such
increase.
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
SEC. 1601. NATIONAL SECURITY SPACE LAUNCH PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) ensuring opportunities for future competition in the
National Security Space Launch program of the Air Force will
decrease the overall cost of the program and increase the
likelihood of success with respect to the Department of Defense
stopping the use of Russian-made RD-180 rocket engines, as
required by section 1608 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. 2271 note); and
(2) while Congress supports robust competition within the
National Security Space Launch program, Congress recognizes the
importance of providing a regular launch manifest and
incentives for a robust industrial base to support national
security requirements.
(b) Phase Two Acquisition Strategy.--In carrying out the phase two
acquisition strategy, the Secretary of the Air Force--
(1) shall ensure, except as provided by subsection (c),
that launch services are procured only from National Security
Space Launch providers that are offerors using launch vehicles
or families of launch vehicles that meet all of the
requirements of the Air Force for the delivery of all required
payloads to all reference orbits; and
(2) may not substantially change the acquisition schedule
or mission performance requirements.
(c) Competitive Procedures.--If the Secretary of the Air Force
awards phase two contracts for more than a total of 29 launches, the
Secretary shall ensure that each such contract for any launch after the
29th launch is awarded using competitive procedures among all National
Security Space Launch providers.
(d) Funding for Certification and Infrastructure.--
(1) Authority.--Pursuant to section 2371b of title 10,
United States Code, the Secretary of the Air Force shall enter
into an agreement described in paragraph (2) with either
National Security Space Launch providers that have not entered
into a phase two contract for launch services occurring before
fiscal year 2022 or National Security Space Launch providers
that have entered into a phase two contract but have not
entered into a launch services agreement for such phase, or
both.
(2) Agreements.--An agreement described in this paragraph
is an agreement that provides a National Security Space Launch
provider with not more than $500,000,000 for the provider to
meet the certification and infrastructure requirements that
are--
(A) unique to national security space missions; and
(B) necessary for a phase two contract, including
such contracts described in subsection (c).
(e) Down Select Notification.--The Under Secretary of Defense for
Acquisition and Sustainment, in coordination with the Secretary of the
Air Force, shall submit to the appropriate congressional committees
written notification of the two National Security Space Launch
providers selected during fiscal year 2020 by the Secretary of the Air
Force to be awarded phase two contracts not later than 10 days before
the Secretary publicly announces such selection. The notification shall
include, at a minimum--
(1) an identification of the selected providers;
(2) the evaluation criteria used in the selection;
(3) the total costs to the Air Force for such contracts;
and
(4) a risk assessment of the selected providers in meeting
national security requirements.
(f) Report.--Not later than 45 days after the date on which the
Secretary of the Air Force awards phase two contracts during fiscal
year 2020, the Secretary shall submit to the appropriate congressional
committees a report on--
(1) the total defense investments made with respect to
launch service agreements and engine development for each
National Security Space Launch provider so awarded such phase
two contracts; and
(2) how such investments in launch service providers were
accounted for in the evaluation of the offers for such phase
two contracts.
(g) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Permanent Select Committee on Intelligence
of the House of Representatives and the Select
Committee on Intelligence of the Senate.
(2) The term ``phase two acquisition strategy'' means the
process by which the Secretary of the Air Force enters into
phase two contracts and carries out launches under the National
Security Space Launch program during fiscal years 2020 through
2024.
(3) The term ``phase two contract'' means a contract for
launch services under the National Security Space Launch
program during fiscal years 2020 through 2024, as described in
solicitation number FA8811-19-R-0002 of the Air Force.
SEC. 1602. PREPARATION TO IMPLEMENT PLAN FOR USE OF ALLIED LAUNCH
VEHICLES.
(a) Preparation.--The Secretary of Defense, in coordination with
the Director of National Intelligence, shall take actions necessary to
prepare to implement the plan developed pursuant to section 1603 of the
National Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 130 Stat. 2584) regarding using allied launch vehicles to meet
the requirements for achieving the policy relating to assured access to
space set forth in section 2273 of title 10, United States Code.
(b) Actions Required.--In carrying out subsection (a), the
Secretary shall--
(1) identify the satellites of the United States that would
be appropriate to be launched on an allied launch vehicle;
(2) assess the relevant provisions of Federal law,
regulations, and policies governing the launch of national
security satellites and determine whether any legislative,
regulatory, or policy actions (including with respect to
waivers) would be necessary to allow for the launch of a
national security satellite on an allied launch vehicle; and
(3) address any certification requirements necessary for
such use of allied launch vehicles and the estimated cost,
schedule, and actions necessary to certify allied launch
vehicles for such use.
(c) Submission to Congress.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall submit to
the appropriate congressional committees a report on preparing to
implement the plan described in subsection (a), including information
regarding each action required by paragraphs (1), (2), and (3) of
subsection (b).
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
SEC. 1603. ANNUAL DETERMINATION ON PLAN ON FULL INTEGRATION AND
EXPLOITATION OF OVERHEAD PERSISTENT INFRARED CAPABILITY.
Section 1618(c) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2431 note) is amended by
striking ``for a fiscal year'' and inserting ``for each fiscal year
preceding fiscal year 2029''.
SEC. 1604. SPACE-BASED ENVIRONMENTAL MONITORING MISSION REQUIREMENTS.
(a) NRO.--
(1) Procurement.--The Director of the National
Reconnaissance Office shall procure a modernized pathfinder
program free-flyer satellite that--
(A) addresses space-based environmental monitoring
mission requirements;
(B) reduces the risk that the Department of Defense
experiences a gap in meeting such requirements during
the period beginning January 1, 2023, and ending
December 31, 2025; and
(C) is launched not later than January 1, 2023.
(2) Plan.--Not later than 60 days after the date of the
enactment of this Act, the Director, in coordination with the
Secretary of the Air Force, shall submit to the appropriate
congressional committees a plan for the Director to procure and
launch the satellite under paragraph (1), including with
respect to--
(A) the requirements for such satellite, including
operational requirements;
(B) timelines for such procurement and launch;
(C) costs for such procurement and launch; and
(D) the launch plan.
(3) Procedures.--The Director shall ensure that the
satellite under paragraph (1) is procured using full and open
competition through the use of competitive procedures.
(b) Air Force.--The Secretary of the Air Force shall ensure that
the electro-optical/infrared weather system satellite--
(1) meets space-based environmental monitoring mission
requirements;
(2) is procured using full and open competition through the
use of competitive procedures; and
(3) is launched not later than September 30, 2025.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Permanent Select Committee on Intelligence
of the House of Representatives and the Select
Committee on Intelligence of the Senate.
(2) The term ``space-based environmental monitoring mission
requirements'' means the national security requirements for
cloud characterization and theater weather imagery.
SEC. 1605. PROTOTYPE PROGRAM FOR MULTI-GLOBAL NAVIGATION SATELLITE
SYSTEM RECEIVER DEVELOPMENT.
(a) Prototype Multi-GNSS Program.--The Secretary of Defense shall
establish under the Space Development Agency a program to prototype an
M-code based, multi-global navigation satellite system receiver that is
capable of receiving covered signals to increase the resilience and
capability of military position, navigation, and timing equipment
against threats to the Global Positioning System and to deter the
likelihood of attack on the worldwide Global Positioning System by
reducing the benefits of such an attack.
(b) Elements.--In carrying out the program under subsection (a),
the Secretary shall--
(1) with respect to each covered signal that could be
received by the prototype receiver under such program, conduct
an assessment of the relative benefits and risks of using that
signal, including with respect to any existing or needed
monitoring infrastructure that would alert users of the
Department of Defense of potentially corrupted signal
information, and the cyber risks and challenges of
incorporating such signals into a properly designed receiver;
(2) ensure that monitoring systems are able to include any
monitoring network of the United States or allies of the United
States;
(3) conduct an assessment of the benefits and risks,
including with respect to the compatibility of non-United
States global navigation satellite system signals with existing
position, navigation, and timing equipment of the United
States, and the extent to which the capability to receive such
signals would impact current receiver or antenna design; and
(4) conduct an assessment of the desirability of
establishing such program in a manner that--
(A) is a cooperative effort, coordinated with the
Secretary of State, between the United States and the
allies of the United States that may also have interest
in funding a multi-global navigation satellite system
and M-code program; and
(B) the Secretary of Defense, in coordination with
the Secretary of State, ensures that the United States
has access to sufficient insight into trusted signals
of allied systems to assure potential reliance by the
United States on such signals.
(c) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Space Development Agency, in
coordination with the Air Force GPS User Equipment Program office,
shall provide to the congressional defense committees a briefing on a
plan to carry out the program under subsection (a) that includes--
(1) the estimated cost, including total cost and out-year
funding requirements;
(2) the schedule for such program;
(3) a plan for how the results of the program could be
incorporated into future blocks of the Global Positioning
System military user equipment program; and
(4) the recommendations and analysis contained in the study
sponsored by the Department of Defense conducted by the MITRE
Corporation on the risks, benefits, and approaches to adding
multi-global navigation satellite system capabilities to
military user equipment.
(d) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees, the Committee on Foreign Affairs of
the House of Representatives, and the Committee on Foreign Relations of
the Senate a report containing--
(1) an explanation of how the Secretary intends to comply
with section 1609 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 2110);
(2) an outline of any potential cooperative efforts acting
in accordance with the North Atlantic Treaty Organization, the
European Union, or Japan that would support such compliance;
(3) an assessment of the potential to host, or incorporate
through software-defined payloads, Global Positioning System M-
code functionality onto allied global navigation satellite
system systems; and
(4) an assessment of new or enhanced monitoring
capabilities that would be needed to incorporate global
navigation satellite system functionality into weapon systems
of the Department.
(e) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2020 for increment 2 of
the acquisition of military Global Positioning System user equipment
terminals, not more than 75 percent may be obligated or expended until
the date on which the briefing has been provided under subsection (c)
and the report has been submitted under subsection (d).
(f) Definitions.--In this section:
(1) The term ``allied systems'' means--
(A) the Galileo system of the European Union;
(B) the QZSS system of Japan; and
(C) upon designation by the Secretary of Defense,
in consultation with the Director of National
Intelligence--
(i) the NAVIC system of India; and
(ii) any similarly associated wide area
augmentation systems.
(2) The term ``covered signals''--
(A) means global navigation satellite system
signals from--
(i) allied systems; and
(ii) non-allied systems; and
(B) includes both trusted signals and open signals.
(3) The term ``M-code'' means, with respect to global
navigation satellite system signals, military code that
provides enhanced positioning, navigation, and timing
capabilities and improved resistance to existing and emerging
threats, such as jamming.
(4) The term ``non-allied systems'' means--
(A) the Russian GLONASS system; and
(B) the Chinese Beidou system.
(5) The term ``open signals'' means global navigation
satellite system that do not include encryption or other
internal methods to authenticate signal information.
(6) The term ``trusted signals'' means global navigation
satellite system signals that incorporate encryption or other
internal methods to authenticate signal information.
SEC. 1606. COMMERCIAL SPACE SITUATIONAL AWARENESS CAPABILITIES.
(a) Findings.--Congress finds the following:
(1) The Secretary of the Air Force is responsible for
developing the hardware and software systems to provide space
situational awareness data to the Commander of the United
States Strategic Command to meet warfighter requirements.
(2) There have been significant delays and cost increases
in the program of record that underpin space situational
awareness.
(3) The Secretary terminated the Joint Space Operations
Center Mission Center and decided to operationally accept the
Joint Space Operations Center Mission Center Increment 2
despite the fact that only three of 12 planned capabilities in
Joint Space Operations Center Mission Center Increment 2 were
accepted for use in operations.
(4) Multiple commercial vendors have the current capability
to detect, maintain custody of, and provide analytical products
that can address the warfighter space situational awareness
requirements that were not filled in the Joint Space Operations
Center Mission Center and that have been impacted by
significant delays in the program of record.
(b) Procurement.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Space Development Agency
shall procure commercial space situational awareness services by
awarding at least two contracts for such services.
(c) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2020 for the enterprise
space battle management command and control, not more than 75 percent
may be obligated or expended until the date on which the Secretary of
Defense, without delegation, certifies to the congressional committees
that the Secretary has awarded the contracts under subsection (b).
(d) Report.--Not later than January 31, 2020, the Director of the
Space Development Agency, in coordination with the Secretary of the Air
Force, shall submit to the congressional defense committees a report on
using commercial space situational awareness services to fill the space
situational awareness requirements that were not filled in the Joint
Space Operations Center Mission Center. The report shall include the
following:
(1) A description of current domestic commercial
capabilities to detect and track space objects in low earth
orbit below the 10 centimeter threshold of legacy systems.
(2) A description of current domestic best-in-breed
commercial capabilities that can meet such requirements.
(3) Estimates of the timelines, milestones, and funding
requirements to procure a near-term solution to meet such
requirements until the development programs of the Air Force
are projected to be operationally fielded.
(e) Commercial Space Situational Awareness Services Defined.--In
this section, the term ``commercial space situational awareness
services'' means commercial space situational awareness processing
software and data to address warfighter requirements and fill gaps in
current space situational capabilities of the Air Force.
SEC. 1607. INDEPENDENT STUDY ON PLAN FOR DETERRENCE IN SPACE.
(a) Findings.--Congress finds the following:
(1) Threats to space systems of the United States have
increased and continue to grow.
(2) While the United States must invest in capabilities to
defend such systems in the event of an attack in space, the
United States must also identify and implement policies that
will reduce the likelihood of such an attack.
(3) The United States is developing new capabilities for
enhancing resilience of such systems.
(4) However, the proper balance between active defense,
resilience, and the still lagging investment area of
reconstitution to enhance deterrence remains unclear, as does
the balance between classified and unclassified activities
needed to create deterrence.
(5) Independent analysis and assessment is necessary to
identify steps to increase deterrence in space.
(b) Independent Study.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall seek
to enter into a contract with a federally funded research and
development center or other independent entity to conduct a
study on deterrence in space.
(2) Matters included.--The study under paragraph (1) shall
include, at a minimum, the following:
(A) An assessment of the existing range of major
studies and writings on space deterrence and a
comprehensive comparative analysis of the conclusions
of such studies and writings.
(B) An examination, using appropriate analytical
tools, of the approaches proposed by such studies and
writings with respect to creating conditions of
deterrence suitable for use in the space domain,
including, at a minimum, an assessment of all aspects
of deterrence in space, including varying
classification, strategies to deny benefit or impose
cost, and space mission assurance (including
resilience, active defense, and reconstitution).
(C) A determination, made either by extending such
studies and writings or through new analysis, of a
holistic and comprehensive theory of deterrence in
space appropriate for use in defense planning.
(D) An evaluation of existing policies, programs,
and plans of the Department of Defense to provide an
assessment of the likely effectiveness of those
policies, programs, and plans to achieve effective
space deterrence.
(c) Assessment by Defense Policy Board.--Not later than 180 days
after the date of the enactment of this Act, the Defense Policy Board
shall submit to the Secretary of Defense an assessment of the study
under subsection (b)(1), including, at a minimum--
(1) a determination of the soundness of the study;
(2) a description of any disagreements the Board has with
the conclusions of such study, including recommended changes or
clarifications to such conclusions the Board determines
appropriate; and
(3) changes to the policies, programs, and plans of the
Department of Defense that the Board recommends based on such
study and the changes and clarifications described in paragraph
(2).
(d) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of the Senate a
report that contains the following:
(1) The study under subsection (b)(1), without change.
(2) The assessment under subsection (c), without change.
(3) Based on such study and assessment, a description of
any changes to the policies, programs, and plans of the
Department of Defense that the Secretary recommends to enhance
deterrence in space, including with respect to--
(A) considerations and decision on reducing the
opportunities and incentives for adversaries to attack
space systems of the United States or allies of the
United States;
(B) new architectures, including proliferated
systems, hosted payloads, non-traditional orbits, and
reconstitution among others;
(C) appropriate uses of partnering with both
commercial entities and allies to improve deterrence in
space;
(D) necessary capabilities to enhance the
protection of space systems to achieve improved
deterrence;
(E) bilateral, multilateral, and unilateral
measures, including confidence-building measures, that
could be taken to reduce the risk of miscalculation
that would lead to an attack in space;
(F) policies and capability requirements with
regard to attribution of an attack in space;
(G) policies with regard to retaliatory measures
either in space or on the ground;
(H) authorities with regard to decisions and
actions to defend assets of the United States in space;
and
(I) changes to current war plans, routine
operations (including information sharing), and
demonstration and test procedures that could enhance
the capability of the United States to signal the
intentions and capabilities of the United States in an
effective manner.
(e) Briefing.--Not later than 270 days after the date of the
enactment of this Act, the Secretary shall provide to the congressional
defense committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of the Senate a
briefing on the study under subsection (b)(1) and the assessment under
subsection (c).
SEC. 1608. RESILIENT ENTERPRISE GROUND ARCHITECTURE.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of the Air Force, to advance the security of the space assets
of the Department of Defense, should--
(1) expand on complimentary efforts within the Air Force
that promote the adoption of a resilient enterprise ground
architecture that is responsive to new and changing threats and
can rapidly integrate new capabilities to make the warfighting
force of the United States more resilient in a contested
battlespace; and
(2) prioritize the swift transition of space ground
architecture to a common platform and leverage commercial
capabilities in concurrence with the 2015 intent memorandum of
the Commander of the Air Force Space Command.
(b) Future Architecture.--The Secretary of Defense shall, to the
extent practicable--
(1) develop future satellite ground architectures of the
Department of Defense to be compatible with complimentary
commercial systems that can support uplink and downlink
capabilities with dual-band spacecraft; and
(2) emphasize that future ground architecture transition
away from stove-piped systems to a service-based platform that
provides members of the Armed Forces with flexible and
adaptable capabilities that--
(A) use, as applicable, commercially available
capabilities and technologies for increased resiliency
and cost savings; and
(B) builds commercial opportunity and integration
across the range of resilient space systems.
SEC. 1609. DEMONSTRATION OF BACKUP AND COMPLEMENTARY POSITIONING,
NAVIGATION, AND TIMING CAPABILITIES OF GLOBAL POSITIONING
SYSTEM.
Effective on June 1, 2019, section 1606 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat.
1725) is amended--
(1) in subsection (c)(2), by striking ``the date that is 18
months after the date of the enactment of this Act'' and
inserting ``December 31, 2020''; and
(2) in subsection (d), by striking ``18 months after the
date of the enactment of this Act'' and inserting ``December
31, 2020''.
SEC. 1610. REPORT ON SPACE DEBRIS.
(a) In General.--Not later than 240 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a report on the risks posed by
man-made space debris in low-earth orbit, including--
(1) recommendations with respect to the remediation of such
risks; and
(2) outlines of plans to reduce the incident of such space
debris.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Science, Space, and Technology of the House of Representatives;
and
(2) the Committee on Armed Services and Committee on
Commerce, Science, and Transportation of the Senate.
SEC. 1610A. STUDY ON LEVERAGING DIVERSE COMMERCIAL SATELLITE REMOTE
SENSING CAPABILITIES.
(a) Study.--The Secretary of Defense, in consultation with the
Director of National Intelligence, shall conduct a study on the status
of the transition from the National Geospatial-Intelligence Agency to
the National Reconnaissance Office of the leadership role in acquiring
commercial satellite remote sensing data on behalf of the Department of
Defense and the intelligence community (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
(b) Elements.--In conducting the study under subsection (a), the
Secretary shall study--
(1) commercial geospatial intelligence requirements for the
National Geospatial-Intelligence Agency and the combatant
commands;
(2) plans of the National Reconnaissance Office to meet the
requirements specified in paragraph (1) through the acquisition
of both medium- and high-resolution data from multiple
commercial providers; and
(3) plans of the National Reconnaissance Office to further
develop such programs with commercial companies to continue to
support, while also expanding, adoption by the geospatial
intelligence user community of the Department of Defense.
(c) Submission.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees, the Permanent Select Committee on Intelligence of
the House of Representatives, and the Select Committee on Intelligence
of the Senate a report on the study conducted under subsection (a).
Subtitle B--Defense Intelligence and Intelligence-Related Activities
SEC. 1611. MODIFICATIONS TO ISR INTEGRATION COUNCIL AND ANNUAL BRIEFING
REQUIREMENTS.
(a) ISR Integration Council.--Subsection (a) of section 426 of
title 10, United States Code, is amended to read as follows:
``(a) ISR Integration Council.--(1) The Under Secretary of Defense
for Intelligence shall establish an Intelligence, Surveillance, and
Reconnaissance Integration Council--
``(A) to assist the Secretary of Defense in carrying out
the responsibilities of the Secretary under section 105(a) of
the National Security Act of 1947 (50 U.S.C. 3038(a));
``(B) to assist the Under Secretary with respect to matters
relating to--
``(i) integration of intelligence and
counterintelligence capabilities and activities under
section 137(b) of this title of the military
departments, intelligence agencies of the Department of
Defense, and relevant combatant commands; and
``(ii) coordination of related developmental
activities of such departments, agencies, and combatant
commands; and
``(C) to otherwise provide a means to facilitate such
integration and coordination.
``(2) The Council shall be composed of--
``(A) the Under Secretary, who shall chair the Council;
``(B) the directors of the intelligence agencies of the
Department of Defense;
``(C) the senior intelligence officers of the armed forces
and the regional and functional combatant commands;
``(D) the Director for Intelligence of the Joint Chiefs of
Staff; and
``(E) the Director for Operations of the Joint Chiefs of
Staff.
``(3) The Under Secretary shall invite the participation of the
Director of National Intelligence (or a representative of the Director)
in the proceedings of the Council.
``(4) The Under Secretary may designate additional participants to
attend the proceedings of the Council, as the Under Secretary
determines appropriate.''.
(b) Annual Briefings.--Such section is further amended by striking
subsections (b) and (c) and inserting the following new subsection (b):
``(b) Annual Briefings on the Intelligence and Counterintelligence
Requirements of the Combatant Commands.--(1) The Chairman of the Joint
Chiefs of Staff shall provide to the congressional defense committees
and the congressional intelligence committees a briefing on the
following:
``(A) The intelligence and counterintelligence
requirements, by specific intelligence capability type, of each
of the relevant combatant commands.
``(B) For the year preceding the year in which the briefing
is provided, the fulfillment rate for each of the relevant
combatant commands of the validated intelligence and
counterintelligence requirements, by specific intelligence
capability type, of such combatant command.
``(C) A risk analysis identifying the critical gaps and
shortfalls in efforts to address operational and strategic
requirements of the Department of Defense that would result
from the failure to fulfill the validated intelligence and
counterintelligence requirements of the relevant combatant
commands.
``(D) A mitigation plan to balance and offset the gaps and
shortfalls identified under subparagraph (C), including with
respect to spaceborne, airborne, ground, maritime, and cyber
intelligence, surveillance, and reconnaissance capabilities.
``(E) For the year preceding the year in which the briefing
is provided--
``(i) the number of intelligence and
counterintelligence requests of each commander of a
relevant combatant command determined by the Joint
Chiefs of Staff to be a validated requirement, and the
total of capacity of such requests provided to each
such commander;
``(ii) with respect to such validated
requirements--
``(I) the quantity of intelligence and
counterintelligence capabilities or activities,
by specific intelligence capability type, that
the Joint Chiefs of Staff requested each
military department to provide; and
``(II) the total of capacity of such
requests so provided by each such military
department; and
``(iii) a qualitative assessment of the alignment
of intelligence and counterintelligence capabilities
and activities with the program of analysis for each
combat support agency and intelligence center of a
military service that is part of--
``(I) the Defense Intelligence Enterprise;
and
``(II) the intelligence community.
``(2) The Under Secretary of Defense for Intelligence shall provide
to the congressional defense committees and the congressional
intelligence committees a briefing on short-, mid-, and long-term
strategies to address the validated intelligence and
counterintelligence requirements of the relevant combatant commands,
including with respect to spaceborne, airborne, ground, maritime, and
cyber intelligence, surveillance, and reconnaissance capabilities.
``(3) The briefings required by paragraphs (1) and (2) shall be
provided at the same time that the President's budget is submitted
pursuant to section 1105(a) of title 31 for each of fiscal years 2021
through 2025.
``(4) In this subsection:
``(A) The term `congressional intelligence committees' has
the meaning given that term in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
``(B) The term `Defense Intelligence Enterprise' means the
organizations, infrastructure, and measures, including
policies, processes, procedures, and products, of the
intelligence, counterintelligence, and security components of
each of the following:
``(i) The Department of Defense.
``(ii) The Joint Staff.
``(iii) The combatant commands.
``(iv) The military departments.
``(v) Other elements of the Department of Defense
that perform national intelligence, defense
intelligence, intelligence-related,
counterintelligence, or security functions.
``(C) The term `fulfillment rate' means the percentage of
combatant command intelligence and counterintelligence
requirements satisfied by available, acquired, or realigned
intelligence and counterintelligence capabilities or
activities.
``(D) The term `intelligence community' has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).''.
SEC. 1612. SURVEY AND REPORT ON ALIGNMENT OF INTELLIGENCE COLLECTIONS
CAPABILITIES AND ACTIVITIES WITH DEPARTMENT OF DEFENSE
REQUIREMENTS.
(a) Survey and Review.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Intelligence, in coordination with the Chairman of the Joint
Chiefs of Staff and the Director of National Intelligence,
shall--
(A) review the organization, posture, current and
planned investments, and processes of the intelligence
collections capabilities and activities, for the
purpose of assessing the sufficiency, integration, and
interoperability of such capabilities and activities to
support the current and future requirements of the
Department of Defense; and
(B) conduct a survey of each geographic and
functional combatant command, with respect to
intelligence collections capabilities and activities,
to assess--
(i) the current state of the support of
such capabilities and activities to military
operations;
(ii) whether the posture of such
capabilities and activities is sufficient to
address the requirements of the Department of
Defense;
(iii) the extent to which such capabilities
and activities address gaps and deficiencies
with respect to the operational requirements of
the Global Campaign Plans, as identified in the
most recent readiness reviews conducted by the
Joint Staff; and
(iv) whether current and planned
investments in such capabilities and activities
are sufficient to address near-, mid-, and
long-term spaceborne, airborne, terrestrial,
and human collection capability requirements.
(2) Elements.--The survey and review under paragraph (1)
shall include the following:
(A) A comprehensive assessment of intelligence
collections capabilities and activities, and whether
such capabilities and activities--
(i) are appropriately postured and
sufficiently resourced to meet current and
future requirements of the Department of
Defense;
(ii) are appropriately balanced to address
operational and strategic defense intelligence
requirements; and
(iii) are sufficiently integrated and
interoperable between activities of the
Military Intelligence Program and the National
Intelligence Program to respond to emerging
requirements of the Department of Defense.
(B) With respect to each geographic and functional
combatant command--
(i) information on the gaps and
deficiencies, by specific intelligence
capability type, described in paragraph
(1)(B)(iii);
(ii) a review of the alignment of such gaps
and deficiencies with the intelligence,
surveillance, and reconnaissance submissions to
the integrated priorities list for the period
beginning with the completion of the most
recent readiness reviews conducted by the Joint
Staff and ending on the date of the
commencement of the survey and review under
subsection (a); and
(iii) detailed information on the
allocation and realignment of intelligence
collections capabilities and activities to
address--
(I) such gaps and deficiencies; and
(II) such intelligence,
surveillance, and reconnaissance
submissions.
(b) Report.--
(1) Submission.--Not later than 270 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Intelligence shall submit to the appropriate congressional
committees a report on the findings of the Under Secretary with
respect to the survey and review under subsection (a)(1).
(2) Content.--The report under paragraph (1) shall
include--
(A) an evaluation of--
(i) the organization, posture, current and
planned investments, and processes of the
intelligence collections capabilities and
activities, including the extent to which such
capabilities and activities enable the
geographic and functional combatant commands to
meet the operational and strategic requirements
of the Department of Defense;
(ii) the use or planned use by each
geographic and functional combatant command of
intelligence collections capabilities and
activities available to such command to address
operational and strategic requirements of the
Department of Defense;
(iii) the gaps and deficiencies described
in subsection (a)(1)(B)(iii), if any, that
prohibit each geographic and functional
combatant command from the most effective use
of the intelligence collections capabilities
and activities to address priority requirements
of the Department of Defense;
(iv) the accepted risk by the Secretary of
Defense from the prioritization of certain
Department of Defense requirements with respect
to the allocation of intelligence collections
capabilities and activities; and
(v) the alignment and responsiveness of
intelligence collections capabilities and
activities with respect to the planning
requirements for the Program of Analysis of
each combat support agency that is part of--
(I) the Defense Intelligence
Enterprise; and
(II) the intelligence community;
and
(B) recommendations, if any, to improve the
sufficiency, responsiveness, and interoperability of
intelligence collections capabilities and activities to
fulfill the operational and strategic requirements of
the Department of Defense.
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form without any designation relating
to dissemination control, but may contain a classified annex.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the congressional intelligence committees.
(2) The term ``combat support agency'' has the meaning
given that term in section 193(f) of title 10, United States
Code.
(3) The term ``Defense Intelligence Enterprise'' has the
meaning given that term in section 1633(c)(2) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328; 130 Stat. 2600).
(4) The term ``intelligence collections capabilities and
activities'' means the totality of intelligence collections
systems and processes which enable the tasking, processing,
exploitation, and dissemination capabilities, capacity, and
activities of the Defense Intelligence Enterprise.
(5) The term ``intelligence community'' has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
(6) The term ``congressional intelligence committees'' has
the meaning given that term in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
SEC. 1613. MODIFICATION OF ANNUAL AUTHORIZATION OF APPROPRIATIONS FOR
NATIONAL FLAGSHIP LANGUAGE INITIATIVE.
Section 811(a) of the David L. Boren National Security Education
Act of 1991 (50 U.S.C. 1911(a)) is amended--
(1) by striking ``fiscal year 2003'' and inserting ``fiscal
year 2020''; and
(2) by striking ``$10,000,000'' and inserting
``$16,000,000''.
SEC. 1614. INTELLIGENCE ASSESSMENT OF RELATIONSHIP BETWEEN WOMEN AND
VIOLENT EXTREMISM.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the Director of
National Intelligence, in consultation with the Secretary of Defense,
the Secretary of State, and the head of any element of the intelligence
community the Director determines appropriate, shall submit to the
appropriate congressional committees an intelligence assessment on the
relationship between women and violent extremism and terrorism,
including an assessment of--
(1) the historical trends and current state of women's
varied roles in all aspects of violent extremism and terrorism,
including as recruiters, sympathizers, perpetrators, and
combatants, as well as peace-builders and preventers;
(2) how women's roles in all aspects of violent extremism
and terrorism are likely to change in the near- and medium-
term;
(3) the extent to which the unequal status of women affects
the ability of armed combatants and terrorist groups to enlist
or conscript women as combatants and perpetrators of violence;
(4) how terrorist groups violate the rights of women and
girls, including child, early, and forced marriage, abduction,
sexual violence, and human trafficking, and the extent to which
such violations contribute to the spread of conflict and
terrorist activities; and
(5) opportunities to address the security risk posed by
female extremists and leverage the roles of women in
counterterrorism efforts.
(b) Classification.--The assessment required under subsection (a)
shall be submitted in unclassified form, but may include a classified
annex.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Select Committee on Intelligence, the Committee on
Foreign Relations, and the Committee on Armed Services, of the
Senate; and
(2) the Permanent Select Committee on Intelligence, the
Committee on Foreign Affairs, and the Committee on Armed
Services, of the House of Representatives.
SEC. 1615. FUNDING FOR DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 301 for Operation and Maintenance as specified in the
corresponding funding table in section 4301, for Defense Security
Service (line 320) is hereby increased by $5,206,997, for purposes of
acquiring advanced cyber threat detection sensors, hunt and response
mechanisms, and commercial cyber threat intelligence to ensure Defense
Industrial Base networks remain protected from nation state
adversaries.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 101 for other procurement, Air Force, as specified in the
corresponding funding table in section 4101, for Integrated personnel
and pay system is hereby reduced by $5,206,997.
SEC. 1616. REPORT ON POTENTIAL DEFENSE INTELLIGENCE POLYGRAPH
EXAMINATION MILITARY TRANSITION PROGRAM.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the appropriate congressional committees a report
assessing the feasibility of establishing a Defense Intelligence
Polygraph Examination Military Transition Program for members of the
Armed Forces transitioning to civilian employment.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) A review of the feasibility of establishing a program
in the Department of Defense under which members of the Armed
Forces with an active top secret security clearance that
provides for access to sensitive compartmented information and
a current counterintelligence scope polygraph examination can
be provided an opportunity to obtain an expanded scope
polygraph (ESP) if the member receives a written offer of
employment, subject to suitability or security vetting, with an
element of the intelligence community or a contractor of such
an element.
(2) The cost to the Department of Defense for implementing
such program and whether such cost could be shared by other
departments or agencies of the Federal Government or the
private sector.
(3) The factors the Department needs to consider in
determining whether such program would be viable.
(4) The obstacles that exist in implementing such program.
(5) Whether such a program could increase workforce
diversity in the intelligence community.
(6) Whether such a program could increase or decrease
retention among members of the Armed Forces serving in defense
intelligence roles.
(7) Whether any changes are required to be made to policies
of the Department or to Federal law to implement such a
program.
(8) Identification of the current average length of time in
the intelligence community to investigate and adjudicate an
initial and a periodic update top secret security clearance
that provides for access to sensitive compartmented information
and conduct an expanded scope polygraph.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
Subtitle C--Cyberspace-Related Matters
SEC. 1621. NOTIFICATION REQUIREMENTS FOR SENSITIVE MILITARY CYBER
OPERATIONS.
Section 395 of title 10, United States Code, is amended--
(1) in subsection (b)(3), by inserting ``, signed by the
Secretary,'' after ``written notification''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking
``and'' after the semicolon at the end;
(ii) by redesignating subparagraph (B) as
subparagraph (C); and
(iii) by inserting after subparagraph (A)
the following new subparagraph:
``(B) is determined to--
``(i) have a medium or high collateral effects
estimate;
``(ii) have a medium or high intelligence gain or
loss;
``(iii) have a medium or high probability of
political retaliation, as determined by the political
military assessment contained within the associated
concept of operations;
``(iv) have a medium or high probability of
detection when detection is not intended; or
``(v) result in medium or high collateral effects;
and''; and
(B) in paragraph (2)(B), by striking ``outside the
Department of Defense Information Networks to defeat an
ongoing or imminent threat''.
SEC. 1622. QUARTERLY CYBER OPERATIONS BRIEFINGS.
Subsection (b) of section 484 of title 10, United States Code, is
amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) An overview of the readiness of the Cyber Mission
Force to perform assigned missions.''.
SEC. 1623. CYBER POSTURE REVIEW.
Section 1644 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91) is amended--
(1) in subsection (a), by inserting ``, not later than
December 31, 2022, and quadrennially thereafter,'' before
``conduct'';
(2) in subsection (b), by striking ``the review'' and
inserting ``each review'';
(3) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``The review'' and inserting ``Each review'';
(B) by redesignating paragraph (9) as paragraph
(10); and
(C) by inserting after paragraph (8) the following
new paragraph:
``(9) An assessment of the potential costs, benefits, and
value, if any, of establishing a cyber force as a separate
uniformed service.'';
(4) in subsection (d)--
(A) in paragraph (1), by striking ``the cyber'' and
inserting ``each cyber'';
(B) in paragraph (2), by striking ``The report''
and inserting ``Each report''; and
(C) by striking paragraph (3); and
(5) in subsection (e), by striking ``period beginning on
the date that is five years after the date of the enactment of
this Act and ending on the date that is 10 years after such
date of enactment'' and inserting ``each eight-year period that
begins from the date of each review conducted under subsection
(a)''.
SEC. 1624. TIER 1 EXERCISE OF SUPPORT TO CIVIL AUTHORITIES FOR A CYBER
INCIDENT.
Section 1648 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 is amended--
(1) in subsection (a), by striking ``The'' and inserting
``Not later than February 1, 2020, the''; and
(2) by adding at the end the following new subsection:
``(c) Limitation.--Of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2020 for the
Department of Defense for the White House Communications Agency, not
more than 90 percent of such funds may be obligated or expended until
the initiation of the tier 1 exercise required under subsection (a).''.
SEC. 1625. EVALUATION OF CYBER VULNERABILITIES OF MAJOR WEAPON SYSTEMS
OF THE DEPARTMENT OF DEFENSE.
Section 1647 of the National Defense Authorization Act for Fiscal
Year 2016 is amended by adding at the end the following new
subsections:
``(f) Written Notification.--If the Secretary determines that the
Department will not complete an evaluation of the cyber vulnerabilities
of each major weapon system of the Department by the date specified in
subsection (a)(1), the Secretary shall provide to the congressional
defense committee written notification relating to each such incomplete
evaluation. Such a written notification shall include the following:
``(1) An identification of each major weapon system
requiring such an evaluation and the anticipated date of
completion.
``(2) A justification for the inability to complete such an
evaluation by the date specified in subsection (a)(1).
``(g) Report.--The Secretary, acting through the Assistant
Secretary of Defense for Acquisition and Sustainment, shall provide a
report to the congressional defense committees upon completion of the
requirement for an evaluation of the cyber vulnerabilities of each
major weapon system of the Department under this section. Such report
shall include the following:
``(1) An identification of cyber vulnerabilities of each
major weapon system requiring mitigation.
``(2) An identification of current and planned efforts to
address the cyber vulnerabilities of each major weapon system
requiring mitigation, including efforts across the doctrine,
organization, training, materiel, leadership and education,
personnel, and facilities of the Department.
``(3) A description of joint and common cyber vulnerability
mitigation solutions and efforts, including solutions and
efforts across the doctrine, organization, training, materiel,
leadership and education, personnel, and facilities of the
Department.
``(4) A description of lessons learned and best practices
regarding evaluations of the cyber vulnerabilities and cyber
vulnerability mitigation efforts relating to major weapon
systems.
``(5) A description of efforts to share lessons learned and
best practices regarding evaluations of the cyber
vulnerabilities and cyber vulnerability mitigation efforts of
major weapon systems across the Department.
``(6) An identification of measures taken to
institutionalize evaluations of cyber vulnerabilities of major
weapon systems.
``(7) Information relating to guidance, processes,
procedures, or other activities established to mitigate or
address the likelihood of cyber vulnerabilities of major weapon
systems by incorporation of lessons learned in the research,
development, test, evaluation, and acquisition cycle, including
promotion of cyber education of the acquisition workforce.
``(8) Any other matters the Secretary determines
relevant.''.
SEC. 1626. EXTENSION OF THE CYBERSPACE SOLARIUM COMMISSION.
Paragraph (1) of section 1652(k) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232) is
amended by striking ``2019'' and inserting ``2020''.
SEC. 1627. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR CYBER
OPERATIONS-PECULIAR CAPABILITY DEVELOPMENT PROJECTS.
(a) In General.--The Secretary of Defense and each Secretary
concerned may obligate and expend not more than $3,000,000 of amounts
authorized to be appropriated for operation and maintenance in each of
fiscal years 2020 through 2022 to carry out cyber operations-peculiar
capability development projects.
(b) Certification.--For each development project initiated under
the authority provided for in subsection (a), the Commander of U.S.
Cyber Command shall certify to the congressional defense committees
that each project is determined to be cyber operations-peculiar.
(c) Notification.--Not later than 15 days after exercising the
authority provided for in subsection (a), the Secretary of Defense
shall notify the congressional defense committees of such exercise.
(d) Report.--Not later than December 31 of each year through 2022,
the Secretary of Defense shall submit to the congressional defense
committees a report on expenditures made pursuant to the authority
provided for in subsection (a). Each such report shall include a full
description and evaluation of each of the cyber operations-peculiar
capability development projects that is the subject of each such
expenditure, definitions and standards for cyber operations-peculiar
requirements, transition plans, and any other matters the Secretary
determines relevant.
SEC. 1628. NOTIFICATION OF DELEGATION OF AUTHORITIES TO THE SECRETARY
OF DEFENSE FOR MILITARY OPERATIONS IN CYBERSPACE.
(a) In General.--The Secretary of Defense shall provide written
notification to the Committee on Armed Services of the House of
Representatives and the Committee on Armed Services of the Senate of
authorities delegated to the Secretary by the President for military
operations in cyberspace that are otherwise held by the National
Command Authority, not later than 15 days after any such delegation.
Such notification shall include the following:
(1) A description of the authorities delegated to the
Secretary.
(2) A description of relevant documents, including execute
orders, issued by the Secretary in accordance with such
authorities.
(3) A list of countries in which such authorities may be
utilized.
(4) A description of authorized activities to be conducted
or planned to be conducted pursuant to such authorities.
(5) Defined military objectives relating to such
authorities.
(b) Procedures.--
(1) In general.--The Secretary of Defense shall establish
and submit to the Committee on Armed Services of the House of
Representatives and the Committee on Armed Services of the
Senate procedures for complying with the requirements of
subsection (a), consistent with the national security of the
United States and the protection of operational integrity. The
Secretary shall promptly notify the Committee on Armed Services
of the House of Representatives and the Committee on Armed
Services of the Senate in writing of any changes to such
procedures at least 14 days prior to the adoption of any such
changes.
(2) Sufficiency.--The Committee on Armed Services of the
House of Representatives and the Committee on Armed Services of
the Senate shall ensure that committee procedures designed to
protect from unauthorized disclosure classified information
relating to national security of the United States are
sufficient to protect the information that is submitted to the
committees pursuant to this section.
(3) Notification in event of unauthorized disclosure.--In
the event of an unauthorized disclosure of authorities covered
by this section, the Secretary of Defense shall ensure, to the
maximum extent practicable, that the Committee on Armed
Services of the House of Representatives and the Committee on
Armed Services of the Senate are notified immediately.
Notification under this paragraph may be verbal or written, but
in the event of a verbal notification, a written notification
signed by the Secretary shall be provided by not later than 48
hours after the provision of such verbal notification.
SEC. 1629. LIMITATION OF FUNDING FOR CONSOLIDATED AFLOAT NETWORKS AND
ENTERPRISE SERVICES.
Of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2020 for the Consolidated Afloat
Networks and Enterprise Services, not more than 85 percent of such
funds may be obligated or expended until the Secretary of Defense, in
coordination with the Chief Information Officer of the Department of
Defense, certifies to the congressional defense committees that the
recommendations in the Audit of Consolidated Afloat Networks and
Enterprise Services Security Safeguards (DODIG-2019-072) have been
implemented.
SEC. 1630. ANNUAL MILITARY CYBERSPACE OPERATIONS REPORT.
(a) In General.--Not later than March 1 of each year, the Secretary
of Defense shall provide to the congressional defense committees a
written report detailing all military cyberspace operations conducted
in the previous calendar year. For each such operation each such report
shall include the following:
(1) An identification of the objective and purpose.
(2) Impacted information technology infrastructure, by
location.
(3) A description of tools and capabilities utilized.
(4) An identification of the Cyber Mission Force team, or
other Department of Defense entity or unit, that conducted such
operation, and supporting teams, entities, or units.
(5) A description of the infrastructure and platforms on
which such operation occurred.
(6) A description of relevant legal, operational, and
funding authorities, including Execute Orders and Deployment
Orders.
(7) Information relating to the total amount of funding
required and associated program elements.
(8) Any other matters the Secretary determines relevant.
(b) Classification.--The Secretary of Defense shall provide each
report required under subsection (a) at a classification level the
Secretary determines appropriate.
(c) Limitation.--This section does not apply to cyber-enabled
military information support operations.
(d) Definition.--In this section, the term ``military cyberspace
operations'' means defensive and offensive--
(1) cyber effects enabling operations, activities, and
missions; and
(2) cyber effects operations, activities, and missions.
SEC. 1631. REPORT ON SYNCHRONIZATION OF EFFORTS RELATING TO
CYBERSECURITY IN THE DEFENSE INDUSTRIAL BASE.
(a) Report.--Not later than May 1, 2020, the Secretary of Defense
shall submit to the congressional defense committees a report on
efforts, and roles and responsibilities, relating to cybersecurity in
the Defense Industrial Base.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) Definitions for ``Controlled Unclassified Information''
(CUI) and ``For Official Use Only'' (FOUO), as well as policies
regarding protecting information designated as such.
(2) A comprehensive list of Department of Defense programs
to assist the Defense Industrial Base with cybersecurity
compliance requirements of the Department.
(3) An evaluation of the resources and utilization of
Department programs to assist the Defense Industrial Base in
complying with cybersecurity compliance requirements referred
to in paragraph (2).
(4) Optimal levels of resourcing required for activities,
programs, and other Department efforts to assess and monitor
compliance by the Defense Industrial Base with such
cybersecurity compliance requirements.
(5) Roles and responsibilities of the Under Secretary of
Defense for Acquisition and Sustainment, the Chief Information
Officer, the Chief Management Officer, the Director of the
Protecting Critical Technologies Task Force, and the
Secretaries of the military services relating to the following:
(A) Establishing and ensuring compliance with
cybersecurity standards, regulations, and policies.
(B) Deconflicting existing cybersecurity standards,
regulations, and policies.
(C) Coordinating with and providing assistance to
the Defense Industrial Base for cybersecurity matters,
particularly such relates to the issues described in
paragraphs (2), (3), and (8).
(6) Efforts to enhance the Department's visibility into its
entire supply chain without violating privity.
(7) An evaluation of methodologies to tier cybersecurity
requirements for the Defense Industrial Base relative to risk.
(8) An evaluation of the level of threat information
sharing between the Department and the Defense Industrial Base.
(9) Efforts to support and enhance threat information
sharing between the Department and the Defense Industrial Base.
(10) An evaluation of a single Sector Coordinating Council
for the Defense Industrial Base.
(11) An explanation of the Department's Protecting Critical
Technologies Task Force efforts, and how its work will be
incorporated into existing Department efforts.
(12) Any other information the Secretary of Defense
determines relevant.
(c) Definition.--In this section, the term ``Defense Industrial
Base'' includes traditional and non-traditional defense contractors and
academic institutions with contractual relationships with the
Department of Defense related to activities involving information or
technology requiring cybersecurity compliance.
SEC. 1632. BRIEFINGS ON THE STATUS OF THE NATIONAL SECURITY AGENCY AND
UNITED STATES CYBER COMMAND PARTNERSHIP.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act and quarterly thereafter, the Secretary of
Defense and the Director of National Intelligence shall provide to the
congressional defense committees and the Permanent Select Committee on
Intelligence of the House of Representatives and the Select Committee
on Intelligence of the Senate briefings on the nature of the National
Security Agency and United States Cyber Command's current and future
partnership. Briefings under this section shall terminate on January 1,
2022.
(b) Elements.--Each briefing under this section shall include the
following:
(1) Status updates on the current and future National
Security Agency-United States Cyber Command partnership
efforts.
(2) Executed documents, written memoranda of agreements or
understandings, and policies issued governing such current and
future partnership.
(3) Projected long-term efforts.
(4) Updates related to the assessment required under
section 1642 of the National Defense Authorization Act for
Fiscal Year 2017 (relating to limitation on termination of
dual-hat arrangement for Commander of the United States Cyber
Command; Public Law 114-328).
SEC. 1633. MODIFICATION OF CYBER SCHOLARSHIP PROGRAM.
Section 2200a(a)(1) of title 10, United States Code, is amended by
striking ``or advanced degree, or a certification,'' and inserting
``advanced degree, or certificate''.
SEC. 1634. REPORT ON CYBERSECURITY TRAINING PROGRAMS.
Not later than 240 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report that accounts for all of the efforts, programs,
initiatives, and investments of the Department of Defense to train
elementary, secondary, and postsecondary students in fields related to
cybersecurity, cyber defense, and cyber operations. The report shall--
(1) include information on the metrics used to evaluate
such efforts, programs, initiatives, and investments, and
identify overlaps or redundancies across the various efforts,
programs, initiatives, and investments; and
(2) address how the Department leverages such efforts,
programs, initiatives, and investments in the recruitment and
retention of both the civilian and military cyberworkforces.
SEC. 1635. NATIONAL SECURITY PRESIDENTIAL MEMORANDUMS RELATING TO
DEPARTMENT OF DEFENSE OPERATIONS IN CYBERSPACE.
Not later than 30 days after the date of the enactment of this Act,
the President shall provide the congressional defense committees with a
copy of all National Security Presidential Memorandums relating to
Department of Defense operations in cyberspace.
SEC. 1636. CYBERSECURITY DEFENSE ACADEMY PILOT PROGRAM.
(a) Program Required.--The Secretary of Defense carry out a pilot
program under which the Secretary shall seek to enter into a public-
private partnership with eligible cybersecurity organizations to train
and place veterans as cybersecurity personnel within the Department of
Defense. The public-private partnership entered into under this
subsection shall be known as the ``Cybersecurity Defense Academy''.
(b) Activities.--The Cybersecurity Defense Academy shall provide
educational courses in topics relating to cybersecurity, including the
following:
(1) Cybersecurity analysis.
(2) Cybersecurity penetration testing.
(3) Cybersecurity threat hunting.
(4) Cybersecurity advanced exploitation.
(5) Linux systems administration.
(6) Robotics process automation analysis.
(c) Placement of Graduates.--
(1) In general.--The Secretary of Defense shall establish a
process under which an individual who has completed a course of
study at the Cybersecurity Defense Academy may be placed in a
cybersecurity-related position within the Department of
Defense.
(2) Waiver of certification.--The Secretary of Defense
shall waive the certification requirements set forth in
Department of Defense Directives 8570 and 8140 with respect to
the initial placement of an individual described in paragraph
(1) if the Secretary Determines that the training provided to
the individual by the Cybersecurity Defense Academy meets or
exceeds the level of training required by such directives.
(d) Eligible Cybersecurity Organization Defined.--In this section,
the term ``eligible cybersecurity organizton'' means an nonprofit or
for-profit organization that--
(1) has a history of working with state and local
governments;
(2) is accredited by the American National Standards
Institute;
(3) has experience placing veterans in cybersecurity
positions;
(4) does not charge fees to servicemembers or veterans for
taking a cybersecurity course; and
(5) aligns aptitude and psychometric selection with
cybersecurity career choice.
(e) Initial Report.--Not later than 90 days after the date one
which the 50th graduate of the Cybersecurity Defense Academy is placed
in the Department of Defense, the Secretary of Defense shall submit to
the congressional defense committees a report that includes the
following:
(1) The number of individuals who graduated from the
Cybersecurity Defense Academy.
(2) The number of such individuals who were directly placed
in cybersecurity positions with employers.
(3) The efficiency and effectiveness (speed of entry and
candidate selection) based on aptitude and psychometric tools
utilized to allocate veterans to cybersecurity roles.
(4) The benefits or burdens of permanently establishing the
Cybersecurity Defense Academy.
(5) Recommendations identifying any specific actions that
should be carried out if the program under this section should
become permanent.
(6) Recommendations for any changes to Department of
Defense Directives 8570 and 8140.
(f) Termination.--
(1) In general.--Except as provided in paragraph (2), the
program under this section shall terminate on the date that is
five years after the date of the enactment of this Act.
(2) Continuation.--The Secretary of Defense may continue
the program after the termination date applicable under
paragraph (1) if the Secretary determines that continuation of
the program after that date is advisable and appropriate. If
the Secretary determines to continue the program after that
date, the Secretary shall do the following:
(A) Not later than 180 days after the date on which
the report is submitted under subsection (e), the
Secretary shall submit to the congressional defense
committees a report describing the reasons for the
determination to continue the program.
(B) The Secretary shall--
(i) establish the program throughout the
Department of Defense and individual service
branches;
(ii) make recommendations to the President
and all committees of Congress for making the
program applicable to all departments and
agencies of the Federal Government;
(iii) conduct contract negotiations with
companies that provide services under the
program to ensure that such services are
provided at a cost-effective rate; and
(iv) ensure that cybersecurity courses
accredited by the American National Standards
Institute are integrated into level III of the
IAT, IAM, and IASE baseline certifications
described in Department of Defense Directive
8570.
Subtitle D--Nuclear Forces
SEC. 1641. IMPROVEMENT TO ANNUAL REPORT ON THE MODERNIZATION OF THE
NUCLEAR WEAPONS ENTERPRISE.
(a) Extension.--Section 1043(a) of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat.
1576), as most recently amended by section 1670 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 132 Stat. 2157), is further amended in paragraph (1) by
striking ``2023'' and inserting ``2024''.
(b) Acquisition Costs.--Paragraph (2) of such section is amended--
(1) by redesignating subparagraph (G) as subparagraph (I);
and
(2) by inserting after subparagraph (F) the following new
subparagraphs:
``(G) For the 10-year period following the date of
the report, an estimate of the relative percentage of
acquisition costs of the military departments, and of
the entire Department of Defense, represented by the
costs to the Department of Defense to modernize and
recapitalize the nuclear weapons enterprise.
``(H) A plan covering the 25-year period following
the date of the report that--
``(i) covers the research and development
and production relating to nuclear weapons that
are being modernized or sustained, including
with respect to--
``(I) associated delivery systems
or platforms that carry nuclear
weapons;
``(II) nuclear command and control
systems; and
``(III) facilities, infrastructure,
and critical skills; and
``(ii) includes estimated timelines for
such research and development and production,
and the estimated acquisition and life cycle
costs, including estimated cost ranges if
necessary, to modernize or recapitalize each
system.''.
(c) Transfer of Provision.--
(1) Codification.--Such section 1043, as amended by
subsections (a) and (b), is--
(A) transferred to chapter 24 of title 10, United
States Code;
(B) inserted after section 492;
(C) redesignated as section 492a; and
(D) amended--
(i) in the enumerator, by striking ``SEC.''
and inserting ``Sec. ''; and
(ii) in the section heading--
(I) by striking the period at the
end; and
(II) by conforming the typeface and
typestyle, including capitalization, to
the typeface and typestyle as used in
the section heading of section 491 of
such title.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 24 of title 10, United States Code, is
amended by inserting after the item relating to section 492 the
following new item:
``492a. Annual report on the plan for the nuclear weapons stockpile,
nuclear weapons complex, nuclear weapons
delivery systems, and nuclear weapons
command and control system.''.
SEC. 1642. BRIEFINGS ON MEETINGS HELD BY THE NUCLEAR WEAPONS COUNCIL.
Section 179 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(g) Semiannual Briefings.--Not later than 30 days after the date
of the enactment of the National Defense Authorization Act for Fiscal
Year 2020, and semiannually thereafter, the Council shall--
``(1) provide to the congressional defense committees a
briefing on, with respect to the period covered by the
briefing--
``(A) the dates on which the Council met; and
``(B) a summary of any decisions made by the
Council pursuant to subsection (d) at each such
meeting, except with respect to budget decisions
relating to the budget of the President for a fiscal
year if the request for that fiscal year has not been
submitted to Congress as of the date of the briefing;
and
``(2) submit to such committees at the time of the
briefing--
``(A) any decision memoranda relating to the
decisions specified in paragraph (1)(B); and
``(B) a summary of the rationale and considerations
that informed such decision.''.
SEC. 1643. ELIMINATION OF CONVENTIONAL REQUIREMENT FOR LONG-RANGE
STANDOFF WEAPON.
Subsection (a) of section 217 of the National Defense Authorization
Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 706), as amended
by section 1662 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2152), is
amended to read as follows:
``(a) Long-range Standoff Weapon.--The Secretary of the Air Force
shall develop a follow-on air-launched cruise missile to the AGM-86
that--
``(1) achieves initial operating capability for nuclear
missions prior to the retirement of the nuclear-armed AGM-86;
and
``(2) is capable of internal carriage and employment for
nuclear missions on the next-generation long-range strike
bomber.''.
SEC. 1644. EXTENSION OF ANNUAL BRIEFING ON THE COSTS OF FORWARD-
DEPLOYING NUCLEAR WEAPONS IN EUROPE.
Section 1656(a) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1124) is amended--
(1) by striking ``2021'' and inserting ``2024''; and
(2) by inserting ``, the Committee on Foreign Affairs of
the House of Representatives, and the Committee on Foreign
Relations of the Senate'' after ``the congressional defense
committees''.
SEC. 1645. TEN-YEAR EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS
FOR MOBILE VARIANT OF GROUND-BASED STRATEGIC DETERRENT
MISSILE.
Section 1664 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2615), as most recently
amended by section 1666 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended
by striking ``for any of fiscal years 2017 through 2020'' and inserting
``for any of fiscal years 2017 through 2030''.
SEC. 1646. PROHIBITION ON AVAILABILITY OF FUNDS FOR DEPLOYMENT OF LOW-
YIELD BALLISTIC MISSILE WARHEAD.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2020 for the Department of
Defense may be used to deploy the W76-2 low-yield warhead.
SEC. 1647. REPORT ON MILITARY-TO-MILITARY DIALOGUE TO REDUCE THE RISK
OF MISCALCULATION LEADING TO NUCLEAR WAR.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of Defense, in coordination with the Secretary of
State, shall submit to the congressional defense committee, the
Committee on Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate a report containing the
following:
(1) A description of--
(A) current military-to-military discussions of the
United States with counterparts from governments of
foreign countries to reduce the risk of miscalculation,
unintended consequences, or accidents that could
precipitate a nuclear war; and
(B) bilateral and multilateral agreements to which
the United States is a party that address such risks.
(2) An assessment conducted jointly by the Secretary and
the Chairman of the Joint Chiefs of Staff of the policy and
operational necessity, risks, benefits, and costs of
establishing military-to-military discussions with Russia,
Iran, China, and North Korea to address such risks.
SEC. 1648. PLAN ON NUCLEAR COMMAND, CONTROL, AND COMMUNICATIONS
SYSTEMS.
(a) Plan.--Not later than 270 days after the date of the enactment
of this Act, the Secretary of Defense, in coordination with the
Commander of the United States Strategic Command, shall submit to the
appropriate congressional committees a plan on the future of the
nuclear command, control, and communications systems.
(b) Matters Included.--The plan under subsection (a) shall address
the following:
(1) Near- and long-term plans and options to recapitalize
the nuclear command, control, and communications systems to
ensure the resilience of such systems.
(2) Requirements for such systems, including with respect
to survivability and reliability.
(3) The risks and benefits of replicating the current
architecture for such systems as of the date of the plan.
(4) The risks and benefits of using different architectures
for such systems, including, at a minimum, using hosted
payloads.
(5) Whether such architectures should be classified or
unclassified.
(6) Requirements and plans to ensure the security of the
supply chain of nuclear command, control, and communications
systems.
(7) Timelines and general cost estimates for long-term
investments in such systems.
(8) Options for potential negotiation with adversaries,
including with respect to agreements to not target nuclear
command, control, and communications systems through kinetic,
nonkinetic, or cyber attacks.
(9) Any other matters the Secretary determines appropriate.
(c) Interim Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary, in coordination with the
Commander, shall provide to the congressional defense committees a
briefing on the plan under subsection (a).
SEC. 1649. INDEPENDENT STUDY ON POLICY OF NO-FIRST-USE OF NUCLEAR
WEAPONS.
(a) Study.--Not later than 30 days after the date of the enactment
of this Act, the Secretary of Defense shall seek to enter into a
contract with a federally funded research and development center to
conduct a study on the United States adopting a policy to not use
nuclear weapons first.
(b) Matters Included.--The study under subsection (a) shall include
the following:
(1) An assessment of the benefits of a policy to not use
nuclear weapons first in reducing the risk of miscalculation in
a crisis.
(2) An assessment of the likely reactions of the allies of
the United States with respect to the United States adopting
such a policy and how any negative reactions could be
mitigated, including the value of engaging such allies to offer
credible extended deterrence assurances.
(3) An assessment of which foreign countries have stated or
adopted such a policy.
(4) An assessment of how adversaries of the United States
might view such a policy.
(5) An assessment of the benefits and risks of such a
policy with respect to nuclear nonproliferation.
(6) An assessment of changes in force posture and force
requirements, if any, and costs or savings, that such a policy
would entail.
(7) Any other matters the Secretary determines appropriate.
(c) Submission to DOD.--Not later than 210 days after the date of
the enactment of this Act, the federally funded research and
development center shall submit to the Secretary the study under
subsection (a).
(d) Submission to Congress.--Not later than 240 days after the date
of the enactment of this Act, the Secretary shall submit to the
congressional defense committees, the Committee on Foreign Affairs of
the House of Representatives, and the Committee on Foreign Relations of
the Senate the study under subsection (a), without change.
(e) Form.--The study under subsection (a) shall be submitted under
subsections (c) and (d) in unclassified form, but may include a
classified annex.
SEC. 1650. INDEPENDENT STUDY ON RISKS OF NUCLEAR TERRORISM AND NUCLEAR
WAR.
(a) Study.--Not later than 30 days after the date of the enactment
of this Act, the Secretary of Defense shall seek to enter into an
agreement with the National Academy of Sciences to conduct a study on
the potential risks of nuclear terrorism and nuclear war.
(b) Matters Included.--The study under subsection (a) shall--
(1) quantify the potential risks of nuclear terrorism and
nuclear war, including the level of uncertainty;
(2) assess prior literature on such risks;
(3) assess the role that quantitative risk analysis and
other disciplines can play in quantifying such risks, including
the limitations of such analysis and disciplines;
(4) assess the extent to which the nuclear strategy of the
United States is consistent with the risks of nuclear terrorism
and nuclear war identified in the study; and
(5) provide recommendations as to whether fundamental
assumptions about the national security strategy of the United
States might need to be reconsidered.
(c) Submission.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees the study under subsection (a), without change.
(d) Form.--The study shall be submitted under subsection (c) in
unclassified form, but may include a classified annex.
SEC. 1651. CONSIDERATION OF BUDGET MATTERS AT MEETINGS OF NUCLEAR
WEAPONS COUNCIL.
Section 179 of title 10, United States Code, as amended by section
1642, is further amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(4) The Director of Cost Assessment and Program
Evaluation of the Department of Defense, the Director of the
Office of Management and Budget of the National Nuclear
Security Administration, the Director for Cost Estimating and
Program Evaluation of the National Nuclear Security
Administration, and the Director of the Office of Management
and Budget shall attend the meetings of the Council.''; and
(2) in subsection (c), by adding at the end the following
new paragraph:
``(4) The Director of Cost Assessment and Program
Evaluation of the Department of Defense, the Director of the
Office of Management and Budget of the National Nuclear
Security Administration, the Director for Cost Estimating and
Program Evaluation of the National Nuclear Security
Administration, and the Director of the Office of Management
and Budget shall be members of the Standing and Safety
Committee of the Council, or such successor committee.''.
SEC. 1652. REPORT ON NUCLEAR FORCES OF THE UNITED STATES AND NEAR-PEER
COUNTRIES.
(a) Report.--Not later than 30 days after the date of the enactment
of this Act, the Secretary of Defense, in coordination with the
Director of National Intelligence, shall submit to the congressional
defense committees a report on the nuclear forces of the United States
and near-peer countries.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) An assessment of the current and planned nuclear
systems of the United States, including with respect to
research and development timelines, deployment timelines, and
force size.
(2) An assessment of the current and planned nuclear
systems of Russia and China, including with respect to research
and development timelines, deployment timelines, and force
size.
(3) A comparison of the current and projected nuclear
systems specified in paragraphs (1) and (2) through 2040.
(c) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
Subtitle E--Missile Defense Programs
SEC. 1661. NATIONAL MISSILE DEFENSE POLICY.
(a) Policy.--Subsection (a) of section 1681 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C.
2431 note) is amended to read as follows:
``(a) Policy.--It is the policy of the United States to--
``(1) maintain and improve, with funding subject to the
annual authorization of appropriations and the annual
appropriation of funds for National Missile Defense--
``(A) an effective protection of the homeland of
the United States against offensive missile threats
posed by rogue states; and
``(B) an effective regional missile defense system
capable of defending the allies, partners, and deployed
forces of the United States against increasingly
complex missile threats; and
``(2) rely on nuclear deterrence to address more
sophisticated and larger quantity near-peer intercontinental
ballistic missile threats.''.
(b) Briefing.--Not later than January 31, 2020, the Director of
Cost Assessment and Program Evaluation shall provide to the Committee
on Armed Services of the House of Representatives a briefing on the
programmatic impacts across the Department of Defense with respect to
the implementation of the Missile Defense Review issued in 2019.
SEC. 1662. DEVELOPMENT OF HYPERSONIC AND BALLISTIC MISSILE TRACKING
SPACE SENSOR PAYLOAD.
(a) Development.--Section 1683 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C.
2431 note) is amended--
(1) by redesignating subsections (d), (e), (f), (g), and
(h), as subsections (e), (f), (g), (h), and (j), respectively;
and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Hypersonic and Ballistic Missile Tracking Space Sensor
Payload.--The Director, in coordination with the Director of the Space
Development Agency and the Secretary of the Air Force, shall--
``(1) develop a hypersonic and ballistic missile tracking
space sensor payload; and
``(2) include such payload as a component of the sensor
architecture developed under subsection (a).''.
(b) Updated Plan.--Such section is further amended by inserting
after subsection (h), as redesignated by subsection (a), the following
new subsection:
``(i) Updated Plan.--Not later than 90 days after the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2020, the Director of the Missile Defense Agency, in coordination with
the Director of the Space Development Agency and the Secretary of the
Air Force, shall submit to the appropriate congressional committees an
update to the plan under subsection (h), including the following:
``(1) How the Director of the Missile Defense Agency, in
coordination with the Director of the Space Development Agency
and the Secretary, will develop the payload under subsection
(d) and include such payload in the sensor architecture
developed under subsection (a).
``(2) How such payload will address the requirement of the
United States Strategic Command for a hypersonic and ballistic
missile tracking space sensing capability.
``(3) The estimated costs (in accordance with subsection
(e)) to develop, acquire, and deploy, and the lifecycle costs
to operate and sustain, the payload under subsection (f) and
include such payload in the sensor architecture developed under
subsection (a).''.
(c) Conforming Amendment.--Subsection (h)(1) of such section, as
redesignated by subsection (a), is amended by striking ``with
subsection (d)'' and inserting ``with subsection (e)''.
SEC. 1663. REQUIREMENT FOR TESTING OF REDESIGNED KILL VEHICLE PRIOR TO
PRODUCTION.
(a) Sense of Congress.--It is the sense of Congress that the
Director of the Missile Defense Agency must address the technical
issues of the redesigned kill vehicle prior to moving forward with
development, procurement, and fielding of the vehicle.
(b) Modifications to Waiver Requirements.--Subsection (b) of
section 1683 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2163) is amended to
read as follows:
``(b) Waiver.--The Secretary of Defense, without delegation, may
waive subsection (a) if--
``(1) the Secretary determines that the waiver is in the
interest of national security;
``(2) the Secretary conducts an assessment of the missile
developments of both North Korea and Iran during the 18-month
period preceding the date of the waiver;
``(3) the Secretary determines that the threat of missiles
is advancing at a pace that requires additional capacity of the
ground-based midcourse defense system by 2023, including in
light of the assessment conducted under paragraph (2);
``(4) the Secretary determines that the waiver is
appropriate in light of the assessment conducted by the
Director of Operational Test and Evaluation under subsection
(c);
``(5) the Secretary submits to the congressional defense
committees a report containing--
``(A) a notice of the waiver, including the
rationale of the Secretary for making the waiver; and
``(B) a certification by the Secretary that the
Secretary has analyzed and accepts the risk of making
and implementing a lot production decision for the
redesigned kill vehicle prior to the vehicle undergoing
a successful flight intercept test; and
``(6) a period of 30 days elapses following the date on
which the Secretary submits the report under paragraph (5).''.
(c) Modification to Assessment.--Subsection (c) of such section is
amended by inserting ``and to the congressional defense committees''
after ``to the Secretary of Defense''.
SEC. 1664. DEVELOPMENT OF SPACE-BASED BALLISTIC MISSILE INTERCEPT
LAYER.
Section 1688 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 10 U.S.C. 2431 note) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
SEC. 1665. ORGANIZATION, AUTHORITIES, AND BILLETS OF THE MISSILE
DEFENSE AGENCY.
(a) Independent Study.--
(1) Assessment.--In accordance with paragraph (2), the
Secretary of Defense shall seek to enter into a contract with a
federally funded research and development center to conduct a
study assessing--
(A) the organization of the Missile Defense Agency
under the Under Secretary of Defense for Research and
Engineering pursuant to section 205(b) of title 10,
United States Code;
(B) alternative ways to organize the Agency under
other officials of the Department of Defense, including
the Under Secretary for Acquisition and Sustainment and
any other official of the Department the federally
funded research and development center determines
appropriate; and
(C) transitioning the Agency to the standard
acquisition process pursuant to Department of Defense
Instruction 5000, including both the risks and benefits
of making such a transition.
(2) Scope of study.--Before entering into the contract with
a federally funded research and development center to conduct
the study under paragraph (1), the Secretary shall provide to
the congressional defense committees an update on the scope of
such study.
(3) Submission to dod.--Not later than 150 days after the
date of the enactment of this Act, the federally funded
research and development center shall submit to the Secretary a
report containing the study conducted under paragraph (1).
(4) Submission to congress.--Not later than 180 days after
the date of the enactment of this Act, the Secretary shall
submit to the congressional defense committees the study under
paragraph (1), without change.
(b) Notification on Changes to Non-standard Acquisition Processes
and Responsibilities.--
(1) Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal
year 2020 for the Secretary of Defense may be obligated or
expended to change the non-standard acquisition processes and
responsibilities described in paragraph (2) until--
(A) the Secretary notifies the congressional
defense committees of such proposed change; and
(B) a period of 90 days has elapsed following the
date of such notification.
(2) Non-standard acquisition processes and responsibilities
described.--The non-standard acquisition processes and
responsibilities described in this paragraph are such processes
and responsibilities described in--
(A) the memorandum of the Secretary of Defense
titled ``Missile Defense Program Direction'' signed on
January 2, 2002;
(B) Department of Defense Directive 5134.09, as in
effect on the date of the enactment of this Act; and
(C) United States Strategic Command Instruction
583-3.
(c) Limitation on Certain Transfers of Billets.--During fiscal year
2020, the Secretary of Defense may not transfer civilian or military
billets from the Missile Defense Agency to any element of the
Department under the Under Secretary of Defense for Research and
Engineering until, for each such transfer--
(1) the Secretary notifies the congressional defense
committees of such proposed transfer; and
(2) a period of 90 days has elapsed following the date of
such notification.
SEC. 1666. MISSILE DEFENSE INTERCEPTOR SITE IN CONTIGUOUS UNITED
STATES.
(a) Designation.--The Secretary shall designate the preferred
location of a missile defense site in the contiguous United States from
among the locations evaluated pursuant to section 227 of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126
Stat. 1678). The Secretary shall make such designation based on the
following:
(1) The environmental impact statement prepared pursuant to
section 227 of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1678).
(2) Strategic and operational effectiveness, including with
respect to the location that is the most advantageous site in
providing coverage to the entire contiguous United States,
including having the capability to provide shoot-assess-shoot
coverage to the entire contiguous United States.
(3) Construction remediation efforts and impacts to the
existing environment at the site.
(4) The existing infrastructure at the site.
(5) The costs to construct, equip, and operate the site.
(b) Report.--Not later than January 31, 2020, the Secretary shall
submit to the congressional defense committees a report on the
designation made under subsection (a) with respect to each factor
specified in paragraphs (1) through (5) of such subsection.
(c) Rule of Construction.--Nothing in this section may be
construed--
(1) as requiring the Secretary of Defense to begin a
military construction project relating to the missile defense
site in the contiguous United States; or
(2) as a statement that there is any current military
requirement for such a site.
(d) Conforming Repeal.--Section 1681 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat.
1776) is repealed.
SEC. 1667. MISSILE DEFENSE RADAR IN HAWAII.
(a) Construction of Homeland Defense Radar-Hawaii.--Subject to
subsection (b), the Director of the Missile Defense Agency may use
funds authorized to be appropriated by this Act or otherwise made
available for fiscal year 2020 for research, development, test, and
evaluation for the Missile Defense Agency to design, build, and
integrate the foundation of the homeland defense radar in Hawaii and
the thermal control system of the radar.
(b) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2020 for research,
development, test, and evaluation for the homeland defense radar in
Hawaii, not more than 85 percent may be obligated or expended until the
Director--
(1) completes the critical design review of the radar;
(2) submits to the congressional defense committees an
assessment conducted by the Army Corps of Engineers on the
research, development, test, and evaluation proposal to design,
build, and integrate the foundation of the radar and the
thermal control system of the radar that highlights any unique
components of such proposal; and
(3) provides to such committees a briefing on incorporating
the foundation and thermal control system into the overall
design of the radar.
SEC. 1668. LIMITATION ON AVAILABILITY OF FUNDS FOR LOWER TIER AIR AND
MISSILE SENSOR.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2020 for the Army for
the lower tier air and missile defense sensor, not more than 75 percent
may be obligated or expended until the Secretary of the Army submits
the report under subsection (b).
(b) Report.--The Secretary of the Army shall submit to the
congressional defense committees a report on the test and demonstration
of lower tier air and missile defense sensors that occurred during the
third quarter of fiscal year 2019. Such report shall include the
following:
(1) An explanation of how the test and demonstration was
conducted and what the test and demonstration set out to
achieve, including--
(A) an explanation of the performance
specifications used; and
(B) a description of the emulated threats used in
the test and demonstration and how such threats compare
to emerging regional air and missile threats.
(2) An explanation of the capability of the sensor system
that the Secretary determined to be the winner of the test and
demonstration, including with respect to--
(A) the capability of such sensor system against
key threats and requirements, including whether such
sensor system will be delivered with full 360-degree
coverage and the ability of such sensor system to
detect, track, and surveil targets;
(B) the estimated procurement and life-cycle costs
of operating such sensor system; and
(C) the cost, timeline, and approach that will be
used to integrate the lower tier air and missile
defense sensor with other sensors using the Integrated
Air and Missile Defense Battle Command System.
(3) An explanation of whether future performance
improvements to the lower tier air and missile defense sensor
are conditional on intellectual property and how such
improvements will be made if the United States does not own
such intellectual property.
SEC. 1669. COMMAND AND CONTROL, BATTLE MANAGEMENT, AND COMMUNICATIONS
PROGRAM.
(a) Limitation on Sale.--The Director of the Missile Defense Agency
may not pursue release of the command and control, battle management,
and communications program (or any variants thereof) for export until
the date on which the Director submits the report under subsection (b).
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Director shall submit to the congressional defense
committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of the Senate a
report containing the following:
(1) An explanation of the rationale of the Director for
considering to export the command and control, battle
management, and communications program (or any variants
thereof) in light of the critical role of the program in the
strategic national defense of the United States and the allies
of the United States against ballistic missile attack.
(2) The findings of the market research and analysis
conducted by the Director regarding exportable command and
control solutions for ballistic missile defense, including such
solutions that are internationally available.
SEC. 1670. ANNUAL ASSESSMENT OF BALLISTIC MISSILE DEFENSE SYSTEM.
(a) Sense of Congress.--It is the sense of Congress that
operational test and evaluation of elements of the ballistic missile
defense system should be conducted thoroughly in accordance with
section 2399 of title 10, United States Code, including with respect to
the reports required to be submitted to the congressional defense
committees under subsection (b) of such section regarding the results
of testing conducted on major defense acquisition programs.
(b) Annual Assessment.--As part of the annual report of the
Director of Operational Test and Evaluation submitted to Congress under
section 139 of title 10, United States Code, the Director shall include
an assessment of the ballistic missile defense system and all of the
elements of the system that have been fielded or are planned, as of the
date of the assessment, including--
(1) the operational effectiveness, suitability, and
survivability of the ballistic missile defense system and the
elements of the system that have been fielded or tested; and
(2) the adequacy and sufficiency of the test program of
such system as of the date of the assessment, including with
respect to the operational realism of the tests.
(c) Form.--Each assessment under subsection (a) may be submitted in
unclassified form, and may include a classified annex.
SEC. 1671. MODIFICATIONS TO REQUIRED TESTING BY MISSILE DEFENSE AGENCY
OF GROUND-BASED MIDCOURSE DEFENSE ELEMENT OF BALLISTIC
MISSILE DEFENSE SYSTEM.
Section 1689 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2631; 10 U.S.C. 2431 note) is
amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``, when possible,''; and
(B) in paragraph (3), by inserting ``, including
the use of threat-representative countermeasures''
before the period;
(2) in subsection (c), by striking paragraph (8);
(3) by striking subsection (d);
(4) by redesignating subsection (e) as subsection (d); and
(5) in subsection (d), as so redesignated, by striking the
last sentence.
SEC. 1672. INDEPENDENT STUDY ON IMPACTS OF MISSILE DEFENSE DEVELOPMENT
AND DEPLOYMENT.
(a) Study.--Not later than 30 days after the date of the enactment
of this Act, the Secretary of Defense shall seek to enter into an
agreement with the National Academy of Sciences to conduct a study on
the impacts of the development and deployment of long-range missile
defenses of the United States on the security of the United States as a
whole.
(b) Matters Included.--The study under subsection (a) shall--
(1) consider whether security benefits obtained by the
deployment of long-range missile defenses of the United States
are undermined or counterbalanced by adverse reactions of
potential adversaries, including both rogue states and near-
peer adversaries; and
(2) consider the effectiveness of the long-range missile
defense efforts of the United States to deter the development
of ballistic missiles, in particular by both rogue states and
near-peer adversaries.
(c) Submission.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees the study under subsection (a), without change.
(d) Form.--The study shall be submitted under subsection (c) in
unclassified form, but may include a classified annex.
SEC. 1673. REPORT AND BRIEFING ON MULTI-OBJECT KILL VEHICLE.
Not later than 120 days after the date of the enactment of this
Act, the Under Secretary of Defense for Research and Engineering shall
submit to the congressional defense committees a report, and shall
provide to such committees a briefing, on the potential need for a
multi-object kill vehicle in future architecture of the ballistic
missile defense system. Such report and briefing shall include the
following:
(1) An assessment of the technology readiness level of
needed components and the operational system for the multi-
object kill vehicle.
(2) An assessment of the costs and a comprehensive
development and testing schedule to deploy the multi-object
kill vehicle by 2025.
(3) An assessment of whether the multi-object kill vehicle
was considered in the redesigned kill vehicle program re-
baseline as a replacement for future ground-based midcourse
defense system kill vehicles.
(4) A concept of operations with respect to how a multi-
object kill vehicle capability could be employed and how such
capability compares to alternative ground-based midcourse
defense system interceptors.
Subtitle F--Other Matters
SEC. 1681. MODIFICATION TO REPORTS ON CERTAIN SOLID ROCKET MOTORS.
Section 1696 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2171) is
amended--
(1) by striking ``rockets or missiles'' and inserting
``rockets, missiles, or space launch services'' each place it
appears;
(2) in subsection (a)(2)(C), by striking ``rocket or
missile'' and inserting ``rocket, missile, or space launch
service'';
(3) in subsection (b)(1)--
(A) by inserting after ``the Secretary of
Defense,'' the following: ``in coordination with the
Administrator of the National Aeronautics and Space
Administration,'';
(B) by inserting after ``defense'' the following:
``and science''; and
(C) by inserting after ``the Department of
Defense'' the following: ``and the National Aeronautics
and Space Administration''; and
(4) in subsection (b)(2)(D), by inserting after ``the
Secretary'' the following: ``or the Administrator of the
National Aeronautics and Space Administration''.
SEC. 1682. REPEAL OF REVIEW REQUIREMENT FOR AMMONIUM PERCHLORATE
REPORT.
Section 1694(d) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1792) is repealed.
SEC. 1683. REPEAL OF REQUIREMENT FOR COMMISSION ON ELECTROMAGNETIC
PULSE ATTACKS AND SIMILAR EVENTS.
(a) Findings.--Congress finds the following:
(1) On March 26, 2019, the President released the
``Executive Order on Coordinating National Resilience to
Electromagnetic Pulses''.
(2) The Executive order codifies policy, roles, and
responsibilities within the executive branch in order to foster
sustainable, efficient, and cost-effective approaches to
improving the resilience of the United States to the effects of
electromagnetic pulses.
(b) Repeal.--Section 1691 of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1786) is repealed.
SEC. 1684. CONVENTIONAL PROMPT GLOBAL STRIKE WEAPON SYSTEM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Under Secretary of Defense for Policy has not
adequately responded to Congress regarding the miscalculation
and ambiguity risks posed by hypersonic weapons, specifically
from submarine-launched platforms, including pursuant to the
report required by section 1698 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232; 132 Stat. 2172); and
(2) the Secretary of Defense should coordinate technology
maturation efforts to develop common technologies for
hypersonics, and should leverage defense laboratories and
university partners to lead foundational hypersonic research in
areas the Secretary determines appropriate for the Department
of Defense.
(b) Prohibition.--None of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020 for the
conventional prompt global strike weapon system may be used for a
submarine-launched conventional prompt global strike capability,
including with respect to developing or testing such a capability,
unless such capability--
(1) is transferrable to a surface-launched platform; and
(2) is not exclusive to submarines.
(c) Report.--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 the programmatic changes
required to integrate the conventional prompt global strike weapon
system into the DDG-1000 program or other surface ships.
TITLE XVII--SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT
SYNTHETIC OPIOIDS
SEC. 1701. SHORT TITLE.
This title may be cited as the ``Fentanyl Sanctions Act''.
SEC. 1702. FINDINGS.
Congress makes the following findings:
(1) The Centers for Disease Control and Prevention estimate
that from September 2017 through September 2018 more than
48,200 people in the United States died from an opioid
overdose, with synthetic opioids (excluding methadone),
contributing to a record 31,900 overdose deaths. While drug
overdose death estimates from methadone, semi-synthetic
opioids, and heroin have decreased in recent months, overdose
deaths from synthetic opioids have continued to increase.
(2) Congress and the President have taken a number of
actions to combat the demand for illicit opioids in the United
States, including enacting into law the SUPPORT for Patients
and Communities Act (Public Law 115-271; 132 Stat. 3894). While
new statutes and regulations have reduced the rate of opioid
prescriptions in recent years, fully addressing the United
States opioid crisis will involve dramatically restricting the
foreign supply of illicit opioids.
(3) The People's Republic of China is the world's largest
producer of illicit fentanyl, fentanyl analogues, and their
immediate precursors. From the People's Republic of China,
those substances are shipped primarily through express
consignment carriers or international mail directly to the
United States, or, alternatively, shipped directly to
transnational criminal organizations in Mexico, Canada, and the
Caribbean.
(4) The United States and the People's Republic of China,
Mexico, and Canada have made important strides in combating the
illicit flow of opioids through bilateral efforts of their
respective law enforcement agencies.
(5) The objective of preventing the proliferation of
illicit opioids though existing multilateral and bilateral
initiatives requires additional efforts to deny illicit actors
the financial means to sustain their markets and distribution
networks.
(6) The implementation on May 1, 2019, of the regulations
of the People's Republic of China to schedule all fentanyl
analogues as controlled substances is a major step in combating
global opioid trafficking and represents a major achievement in
United States-China law enforcement dialogues. However, that
step will effectively fulfill the commitment that President Xi
Jinping of the People's Republic of China made to President
Donald Trump at the Group of Twenty meeting in December 2018
only if the Government of the People's Republic of China
devotes sufficient resources to full implementation and strict
enforcement of the new regulations. The effective enforcement
of the new regulations should result in diminished trafficking
of illicit fentanyl originating from the People's Republic of
China into the United States.
(7) While the Department of the Treasury used the Foreign
Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.) to
sanction the first synthetic opioid trafficking entity in April
2018, additional economic and financial sanctions policy tools
are needed to help combat the flow of synthetic opioids into
the United States.
SEC. 1703. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States should apply economic and other
financial sanctions to foreign traffickers of illicit opioids
to protect the national security, foreign policy, and economy
of the United States and the health of the people of the United
States;
(2) it is imperative that the People's Republic of China
follow through on full implementation of the new regulations,
adopted May 1, 2019, to treat all fentanyl analogues as
controlled substances under the laws of the People's Republic
of China, including by devoting sufficient resources for
implementation and strict enforcement of the new regulations;
and
(3) the effective enforcement of the new regulations should
result in diminished trafficking of illicit fentanyl
originating from the People's Republic of China into the United
States.
SEC. 1704. DEFINITIONS.
In this title:
(1) Alien; national; national of the united states.--The
terms ``alien'', ``national'', and ``national of the United
States'' have the meanings given those terms in section 101 of
the Immigration and Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees and leadership.--
The term ``appropriate congressional committees and
leadership'' means--
(A) the Committee on Appropriations, the Committee
on Armed Services, the Committee on Banking, Housing,
and Urban Affairs, the Committee on Foreign Relations,
the Committee on Homeland Security and Governmental
Affairs, the Committee on the Judiciary, the Select
Committee on Intelligence, and the majority leader and
the minority leader of the Senate; and
(B) the Committee on Appropriations, the Committee
on Armed Services, the Committee on Financial Services,
the Committee on Foreign Affairs, the Committee on
Homeland Security, the Committee on the Judiciary, the
Committee on Oversight and Reform, the Permanent Select
Committee on Intelligence, and the Speaker and the
minority leader of the House of Representatives.
(3) Controlled substance; listed chemical.--The terms
``controlled substance'', ``listed chemical'', ``narcotic
drug'', and ``opioid'' have the meanings given those terms in
section 102 of the Controlled Substances Act (21 U.S.C. 802).
(4) Entity.--The term ``entity'' means a partnership, joint
venture, association, corporation, organization, network,
group, or subgroup, or any form of business collaboration.
(5) Foreign opioid trafficker.--The term ``foreign opioid
trafficker'' means any foreign person that the President
determines plays a significant role in opioid trafficking.
(6) Foreign person.--The term ``foreign person''--
(A) means--
(i) any citizen or national of a foreign
country; or
(ii) any entity not organized under the
laws of the United States or a jurisdiction
within the United States; and
(B) does not include the government of a foreign
country.
(7) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(8) Opioid trafficking.--The term ``opioid trafficking''
means any illicit activity--
(A) to produce, manufacture, distribute, sell, or
knowingly finance or transport illicit synthetic
opioids, controlled substances that are synthetic
opioids, listed chemicals that are synthetic opioids,
or active pharmaceutical ingredients or chemicals that
are used in the production of controlled substances
that are synthetic opioids;
(B) to attempt to carry out an activity described
in subparagraph (A); or
(C) to assist, abet, conspire, or collude with
other persons to carry out such an activity.
(9) Person.--The term ``person'' means an individual or
entity.
(10) United states person.--The term ``United States
person'' means--
(A) any citizen or national of the United States;
(B) any alien lawfully admitted for permanent
residence in the United States;
(C) any entity organized under the laws of the
United States or any jurisdiction within the United
States (including a foreign branch of such an entity);
or
(D) any person located in the United States.
Subtitle A--Sanctions With Respect to Foreign Opioid Traffickers
SEC. 1711. IDENTIFICATION OF FOREIGN OPIOID TRAFFICKERS.
(a) Public Report.--
(1) In general.--The President shall submit to the
appropriate congressional committees and leadership, in
accordance with subsection (c), a report--
(A) identifying the foreign persons that the
President determines are foreign opioid traffickers;
(B) detailing progress the President has made in
implementing this subtitle; and
(C) providing an update on cooperative efforts with
the Governments of Mexico and the People's Republic of
China with respect to combating foreign opioid
traffickers.
(2) Identification of additional persons.--If, at any time
after submitting a report required by paragraph (1) and before
the submission of the next such report, the President
determines that a foreign person not identified in the report
is a foreign opioid trafficker, the President shall submit to
the appropriate congressional committees and leadership an
additional report containing the information required by
paragraph (1) with respect to the foreign person.
(3) Exclusion.--The President shall not be required to
include in a report under paragraph (1) or (2) any persons with
respect to which the United States has imposed sanctions before
the date of the report under this subtitle or any other
provision of law with respect to opioid trafficking.
(4) Form of report.--
(A) In general.--Each report required by paragraph
(1) or (2) shall be submitted in unclassified form but
may include a classified annex.
(B) Availability to public.--The unclassified
portion of a report required by paragraph (1) or (2)
shall be made available to the public.
(b) Classified Report.--
(1) In general.--The President shall submit to the
appropriate congressional committees and leadership, in
accordance with subsection (c), a report, in classified form--
(A) describing in detail the status of sanctions
imposed under this subtitle, including the personnel
and resources directed toward the imposition of such
sanctions during the preceding fiscal year;
(B) providing background information with respect
to persons newly identified as foreign opioid
traffickers and their illicit activities;
(C) describing actions the President intends to
undertake or has undertaken to implement this subtitle;
and
(D) providing a strategy for identifying additional
foreign opioid traffickers.
(2) Effect on other reporting requirements.--The report
required by paragraph (1) is in addition to, and in no way
delimits or restricts, the obligations to keep Congress fully
and currently informed pursuant to the provisions of the
National Security Act of 1947 (50 U.S.C. 3001 et seq.).
(c) Submission of Reports.--Not later than 180 days after the date
of the enactment of this Act, and annually thereafter until the date
that is 5 years after such date of enactment, the President shall
submit the reports required by subsections (a) and (b) to the
appropriate congressional committees and leadership.
(d) Exclusion of Certain Information.--
(1) Intelligence.--Notwithstanding any other provision of
this section, a report required by subsection (a) or (b) shall
not disclose the identity of any person if the Director of
National Intelligence determines that such disclosure could
compromise an intelligence operation, activity, source, or
method of the United States.
(2) Law enforcement.--Notwithstanding any other provision
of this section, a report required by subsection (a) or (b)
shall not disclose the identity of any person if the Attorney
General, in coordination, as appropriate, with the Director of
the Federal Bureau of Investigation, the Administrator of the
Drug Enforcement Administration, the Secretary of the Treasury,
the Secretary of State, and the head of any other appropriate
Federal law enforcement agency, determines that such disclosure
could reasonably be expected--
(A) to compromise the identity of a confidential
source, including a State, local, or foreign agency or
authority or any private institution that furnished
information on a confidential basis;
(B) to jeopardize the integrity or success of an
ongoing criminal investigation or prosecution;
(C) to endanger the life or physical safety of any
person; or
(D) to cause substantial harm to physical property.
(3) Notification required.--If the Director of National
Intelligence makes a determination under paragraph (1) or the
Attorney General makes a determination under paragraph (2), the
Director or the Attorney General, as the case may be, shall
notify the appropriate congressional committees and leadership
of the determination and the reasons for the determination.
(4) Rule of construction.--Nothing in this section may be
construed to authorize or compel the disclosure of information
determined by the President to be law enforcement information,
classified information, national security information, or other
information the disclosure of which is prohibited by any other
provision of law.
(e) Provision of Information Required for Reports.--The Secretary
of the Treasury, the Attorney General, the Secretary of Defense, the
Secretary of State, the Secretary of Homeland Security, and the
Director of National Intelligence shall consult among themselves and
provide to the President and the Director of the Office of National
Drug Control Policy the appropriate and necessary information to enable
the President to submit the reports required by subsection (a).
SEC. 1712. SENSE OF CONGRESS ON INTERNATIONAL OPIOID CONTROL REGIME.
It is the sense of Congress that, in order to apply economic and
other financial sanctions to foreign traffickers of illicit opioids to
protect the national security, foreign policy, and economy of the
United States--
(1) the President should instruct the Secretary of State to
commence immediately diplomatic efforts, both in appropriate
international fora such as the United Nations, the Group of
Seven, the Group of Twenty, and trilaterally and bilaterally
with partners of the United States, to combat foreign opioid
trafficking, including by working to establish a multilateral
sanctions regime with respect to foreign opioid trafficking;
and
(2) the Secretary of State, in consultation with the
Secretary of the Treasury, should intensify efforts to maintain
and strengthen the coalition of countries formed to combat
foreign opioid trafficking.
SEC. 1713. IMPOSITION OF SANCTIONS.
The President shall impose five or more of the sanctions described
in section 1714 with respect to each foreign person that is an entity,
and four or more of such sanctions with respect to each foreign person
that is an individual, that--
(1) is identified as a foreign opioid trafficker in a
report submitted under section 1711(a); or
(2) the President determines is owned, controlled, directed
by, knowingly supplying or sourcing precursors for, or acting
for or on behalf of, such a foreign opioid trafficker.
SEC. 1714. DESCRIPTION OF SANCTIONS.
(a) In General.--The sanctions that may be imposed with respect to
a foreign person under section 1713 are the following:
(1) Loans from united states financial institutions.--The
United States Government may prohibit any United States
financial institution from making loans or providing credits to
the foreign person.
(2) Prohibitions on financial institutions.--The following
prohibitions may be imposed with respect to a foreign person
that is a financial institution:
(A) Prohibition on designation as primary dealer.--
Neither the Board of Governors of the Federal Reserve
System nor the Federal Reserve Bank of New York may
designate, or permit the continuation of any prior
designation of, the financial institution as a primary
dealer in United States Government debt instruments.
(B) Prohibition on service as a repository of
government funds.--The financial institution may not
serve as agent of the United States Government or serve
as repository for United States Government funds.
The imposition of either sanction under subparagraph (A) or (B)
shall be treated as one sanction for purposes of section 1713,
and the imposition of both such sanctions shall be treated as 2
sanctions for purposes of that section.
(3) Procurement ban.--The United States Government may not
procure, or enter into any contract for the procurement of, any
goods or services from the foreign person.
(4) Foreign exchange.--The President may, pursuant to such
regulations as the President may prescribe, prohibit any
transactions in foreign exchange that are subject to the
jurisdiction of the United States and in which the foreign
person has any interest.
(5) Banking transactions.--The President may, pursuant to
such regulations as the President may prescribe, prohibit any
transfers of credit or payments between financial institutions
or by, through, or to any financial institution, to the extent
that such transfers or payments are subject to the jurisdiction
of the United States and involve any interest of the foreign
person.
(6) Property transactions.--The President may, pursuant to
such regulations as the President may prescribe, prohibit any
person from--
(A) acquiring, holding, withholding, using,
transferring, withdrawing, or transporting any property
that is subject to the jurisdiction of the United
States and with respect to which the foreign person has
any interest;
(B) dealing in or exercising any right, power, or
privilege with respect to such property; or
(C) conducting any transaction involving such
property.
(7) Ban on investment in equity or debt of sanctioned
person.--The President may, pursuant to such regulations or
guidelines as the President may prescribe, prohibit any United
States person from investing in or purchasing significant
amounts of equity or debt instruments of the foreign person.
(8) Exclusion of corporate officers.--The President may
direct the Secretary of State to deny a visa to, and the
Secretary of Homeland Security to exclude from the United
States, any alien that the President determines is a corporate
officer or principal of, or a shareholder with a controlling
interest in, the foreign person.
(9) Sanctions on principal executive officers.--The
President may impose on the principal executive officer or
officers of the foreign person, or on individuals performing
similar functions and with similar authorities as such officer
or officers, any of the sanctions described in paragraphs (1)
through (8) that are applicable.
(b) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of any regulation, license,
or order issued to carry out subsection (a) shall be subject to the
penalties set forth in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705) to the
same extent as a person that commits an unlawful act described in
subsection (a) of that section.
(c) Exceptions.--
(1) Intelligence and law enforcement activities.--Sanctions
under this section shall not apply with respect to--
(A) any activity subject to the reporting
requirements under title V of the National Security Act
of 1947 (50 U.S.C. 3091 et seq.); or
(B) any authorized intelligence or law enforcement
activities of the United States.
(2) Exception to comply with united nations headquarters
agreement.--Sanctions under subsection (a)(8) shall not apply
to an alien if admitting the alien into the United States is
necessary to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, the Convention on Consular Relations, done at Vienna
April 24, 1963, and entered into force March 19, 1967, or other
applicable international obligations.
(d) Implementation; Regulatory Authority.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this section.
(2) Regulatory authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry out
this section.
SEC. 1715. WAIVERS.
(a) Waiver for State-owned Entities in Countries That Cooperate in
Multilateral Anti-trafficking Efforts.--
(1) In general.--The President may waive for a period of
not more than 12 months the application of sanctions under this
subtitle with respect to an entity that is owned or controlled,
directly or indirectly, by a foreign government or any
political subdivision, agency, or instrumentality of a foreign
government, if, not less than 15 days before the waiver is to
take effect, the President certifies to the appropriate
congressional committees and leadership that the foreign
government is closely cooperating with the United States in
efforts to prevent opioid trafficking.
(2) Certification.--The President may certify under
paragraph (1) that a foreign government is closely cooperating
with the United States in efforts to prevent opioid trafficking
if that government is--
(A) implementing domestic laws to schedule all
fentanyl analogues as controlled substances; and
(B) doing two or more of the following:
(i) Implementing substantial improvements
in regulations involving the chemical and
pharmaceutical production and export of illicit
opioids.
(ii) Implementing substantial improvements
in judicial regulations to combat transnational
criminal organizations that traffic opioids.
(iii) Increasing efforts to prosecute
foreign opioid traffickers.
(iv) Increasing intelligence sharing and
law enforcement cooperation with the United
States with respect to opioid trafficking.
(3) Subsequent renewal of waiver.--The President may renew
a waiver under paragraph (1) for subsequent periods of not more
than 12 months each if, not less than 15 days before the
renewal is to take effect, the Secretary of State certifies to
the appropriate congressional committees and leadership that
the government of the country to which the waiver applies has
effectively implemented and is effectively enforcing the
measures that formed the basis for the certification under
paragraph (2).
(b) Waivers for National Security and Access to Prescription
Medications.--
(1) In general.--The President may waive the application of
sanctions under this subtitle if the President determines that
the application of such sanctions would--
(A) cause a specific articulated harm or set of
harms to a specific articulated national security
interest or set of interests of the United States; or
(B) subject to paragraph (2), harm the access of
United States persons to prescription medications.
(2) Monitoring.--The President shall establish a monitoring
program to verify that a person that receives a waiver under
paragraph (1)(B) is not trafficking illicit opioids.
(3) Notification.--Not later than 15 days after making a
determination under paragraph (1), the President shall notify
the appropriate congressional committees and leadership of the
determination and the reasons for the determination.
(c) Humanitarian Waiver.--The President may waive, for renewable
periods of 180 days, the application of the sanctions under this
subtitle if the President certifies to the appropriate congressional
committees and leadership that the waiver is necessary for the
provision of humanitarian assistance.
SEC. 1716. PROCEDURES FOR JUDICIAL REVIEW OF CLASSIFIED INFORMATION.
(a) In General.--If a finding under this subtitle, or a
prohibition, condition, or penalty imposed as a result of any such
finding, is based on classified information (as defined in section 1(a)
of the Classified Information Procedures Act (18 U.S.C. App.)) and a
court reviews the finding or the imposition of the prohibition,
condition, or penalty, the President may submit such information to the
court ex parte and in camera.
(b) Rule of Construction.--Nothing in this section shall be
construed to--
(1) confer or imply any right to judicial review of any
finding under this subtitle, or any prohibition, condition, or
penalty imposed as a result of any such finding; and
(2) limit or restrict any other practice, procedure, right,
remedy, or safeguard that relates to the protection of
classified information and is available to the United States in
connection with any type of administrative hearing, litigation,
or other proceeding.
SEC. 1717. BRIEFINGS ON IMPLEMENTATION.
Not later than 90 days after the date of the enactment of the
Fentanyl Sanctions Act, and every 180 days thereafter until the date
that is 5 years after such date of enactment, the President, acting
through the Secretary of State and the Director of National
Intelligence, in coordination with the Secretary of the Treasury, shall
provide to the appropriate congressional committees and leadership a
comprehensive briefing on efforts to implement this subtitle.
SEC. 1718. INCLUSION OF ADDITIONAL MATERIAL IN INTERNATIONAL NARCOTICS
CONTROL STRATEGY REPORT.
Section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2291(a)) is amended by adding at the end the following:
``(9)(A) An assessment conducted by the Secretary of State,
in consultation with the Secretary of the Treasury and the
Director of National Intelligence, of the extent to which any
diplomatic efforts described in section 1712 of the Fentanyl
Sanctions Act have been successful.
``(B) Each assessment required by subparagraph (A) shall
include an identification of--
``(i) the countries the governments of which have
agreed to undertake measures to apply economic or other
financial sanctions to foreign traffickers of illicit
opioids and a description of those measures; and
``(ii) the countries the governments of which have
not agreed to measures described in clause (i), and,
with respect to those countries, other measures the
Secretary of State recommends that the United States
take to apply economic and other financial sanctions to
foreign traffickers of illicit opioids.''.
Subtitle B--Commission on Combating Synthetic Opioid Trafficking
SEC. 1721. COMMISSION ON COMBATING SYNTHETIC OPIOID TRAFFICKING.
(a) Establishment.--
(1) In general.--There is established a commission to
develop a consensus on a strategic approach to combating the
flow of synthetic opioids into the United States.
(2) Designation.--The commission established under
paragraph (1) shall be known as the ``Commission on Synthetic
Opioid Trafficking'' (in this section referred to as the
``Commission'').
(b) Membership.--
(1) Composition.--
(A) In general.--Subject to subparagraph (B), the
Commission shall be composed of the following members:
(i) The Director of the Office of National
Drug Control Policy.
(ii) The Administrator of the Drug
Enforcement Administration.
(iii) The Secretary of Homeland Security.
(iv) The Secretary of Defense.
(v) The Secretary of the Treasury.
(vi) The Secretary of State.
(vii) The Director of National
Intelligence.
(viii) Two members appointed by the
majority leader of the Senate, one of whom
shall be a Member of the Senate and one of whom
shall not be.
(ix) Two members appointed by the minority
leader of the Senate, one of whom shall be a
Member of the Senate and one of whom shall not
be.
(x) Two members appointed by the Speaker of
the House of Representatives, one of whom shall
be a Member of the House of Representatives and
one of whom shall not be.
(xi) Two members appointed by the minority
leader of the House of Representatives, one of
whom shall be a Member of the House of
Representatives and one of whom shall not be.
(B)(i) The members of the Commission who are not
Members of Congress and who are appointed under clauses
(viii) through (xi) of subparagraph (A) shall be
individuals who are nationally recognized for
expertise, knowledge, or experience in--
(I) transnational criminal organizations
conducting synthetic opioid trafficking;
(II) the production, manufacturing,
distribution, sale, or transportation of
synthetic opioids; or
(III) relations between--
(aa) the United States; and
(bb) the People's Republic of
China, Mexico, or any other country of
concern with respect to trafficking in
synthetic opioids.
(ii) An official who appoints members of the
Commission may not appoint an individual as a member of
the Commission if the individual possesses any personal
or financial interest in the discharge of any of the
duties of the Commission.
(iii)(I) All members of the Commission described in
clause (i) shall possess an appropriate security
clearance in accordance with applicable provisions of
law concerning the handling of classified information.
(II) For the purpose of facilitating the activities
of the Commission, the Director of National
Intelligence shall expedite to the fullest degree
possible the processing of security clearances that are
necessary for members of the Commission.
(2) Co-chairs.--
(A) In general.--The Commission shall have 2 co-
chairs, selected from among the members of the
Commission, one of whom shall be a member of the
majority party and one of whom shall be a member of the
minority party.
(B) Selection.--The individuals who serve as the
co-chairs of the Commission shall be jointly agreed
upon by the President, the majority leader of the
Senate, the minority leader of the Senate, the Speaker
of the House of Representatives, and the minority
leader of the House of Representatives.
(c) Duties.--The duties of the Commission are as follows:
(1) To define the core objectives and priorities of the
strategic approach described in subsection (a)(1).
(2) To weigh the costs and benefits of various strategic
options to combat the flow of synthetic opioids from the
People's Republic of China, Mexico, and other countries.
(3) To evaluate whether the options described in paragraph
(2) are exclusive or complementary, the best means for
executing such options, and how the United States should
incorporate and implement such options within the strategic
approach described in subsection (a)(1).
(4) To review and make determinations on the difficult
choices present within such options, among them what norms-
based regimes the United States should seek to establish to
encourage the effective regulation of dangerous synthetic
opioids.
(5) To report on efforts by actors in the People's Republic
of China to subvert United States laws and to supply illicit
synthetic opioids to persons in the United States, including
up-to-date estimates of the scale of illicit synthetic opioids
flows from the People's Republic of China.
(6) To report on the deficiencies in the regulation of
pharmaceutical and chemical production of controlled substances
and export controls with respect to such substances in the
People's Republic of China and other countries that allow
opioid traffickers to subvert such regulations and controls to
traffic illicit opioids into the United States.
(7) To report on the scale of contaminated or counterfeit
drugs originating from the People's Republic of China and
India.
(8) To report on how the United States could work more
effectively with provincial and local officials in the People's
Republic of China and other countries to combat the illicit
production of synthetic opioids.
(9) In weighing the options for defending the United States
against the dangers of trafficking in synthetic opioids, to
consider possible structures and authorities that need to be
established, revised, or augmented within the Federal
Government.
(d) Functioning of Commission.--The provisions of subsections (c),
(d), (e), (g), (h), and (i) of section 1652 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232) shall apply to the Commission to the same extent and in the
same manner as such provisions apply to the commission established
under that section, except that--
(1) subsection (c)(1) of that section shall be applied and
administered by substituting ``30 days'' for ``45 days'';
(2) subsection (g)(4)(A) of that section shall be applied
and administered by inserting ``and the Attorney General''
after ``Secretary of Defense''; and
(3) subsections (h)(2)(A) and (i)(1)(A) of that section
shall be applied and administered by substituting ``level V of
the Executive Schedule under section 5316'' for ``level IV of
the Executive Schedule under section 5315''.
(e) Treatment of Information Furnished to Commission.--
(1) Information relating to national security.--
(A) Responsibility of director of national
intelligence.--The Director of National Intelligence
shall assume responsibility for the handling and
disposition of any information related to the national
security of the United States that is received,
considered, or used by the Commission under this
section.
(B) Access after termination of commission.--
Notwithstanding any other provision of law, after the
termination of the Commission under subsection (g),
only the members and designated staff of the
appropriate congressional committees and leadership,
the Director of National Intelligence (and the
designees of the Director), and such other officials of
the executive branch as the President may designate
shall have access to information related to the
national security of the United States that is
received, considered, or used by the Commission.
(2) Information provided by congress.--The Commission may
obtain information from any Member, committee, or office of
Congress, including information related to the national
security of the United States, only with the consent of the
Member, committee, or office involved and only in accordance
with any applicable rules and procedures of the House of
Representatives or Senate (as the case may be) governing the
provision of such information by Members, committees, and
offices of Congress to entities in the executive branch.
(f) Reports.--The Commission shall submit to the appropriate
congressional committees and leadership--
(1) not later than 270 days after the date of the enactment
of this Act, an initial report on the activities and
recommendations of the Commission under this section; and
(2) not later than 270 days after the submission of the
initial report under paragraph (1), a final report on the
activities and recommendations of the Commission under this
section.
(g) Termination.--
(1) In general.--The Commission, and all the authorities of
this section, shall terminate at the end of the 120-day period
beginning on the date on which the final report required by
subsection (f)(2) is submitted to the appropriate congressional
committees and leadership.
(2) Winding up of affairs.--The Commission may use the 120-
day period described in paragraph (1) for the purposes of
concluding its activities, including providing testimony to
Congress concerning the final report required by subsection
(f)(2) and disseminating the report.
Subtitle C--Other Matters
SEC. 1731. DIRECTOR OF NATIONAL INTELLIGENCE PROGRAM ON USE OF
INTELLIGENCE RESOURCES IN EFFORTS TO SANCTION FOREIGN
OPIOID TRAFFICKERS.
(a) Program Required.--
(1) In general.--The Director of National Intelligence
shall, in consultation with the Director of the Office of
National Drug Control Policy, carry out a program to allocate
and enhance use of resources of the intelligence community,
including intelligence collection and analysis, to assist the
Secretary of the Treasury, the Secretary of State, and the
Administrator of the Drug Enforcement Administration in efforts
to identify and impose sanctions with respect to foreign opioid
traffickers under subtitle A.
(2) Focus on illicit finance.--To the extent practicable,
efforts described in paragraph (1) shall--
(A) take into account specific illicit finance
risks related to narcotics trafficking; and
(B) be developed in consultation with the
Undersecretary of the Treasury for Terrorism and
Financial Crimes, appropriate officials of the Office
of Intelligence and Analysis of the Department of the
Treasury, the Director of the Financial Crimes
Enforcement Network, and appropriate Federal law
enforcement agencies.
(b) Quarterly Reports on Program.--Not later than 90 days after the
date of the enactment of this Act, and every 90 days thereafter, the
Director of National Intelligence, in consultation with the Director of
the Office of National Drug Control Policy, shall submit to the
appropriate congressional committees and leadership a report on the
status and accomplishments of the program required by subsection (a)
during the 90-day period ending on the date of the report. The first
report under this paragraph shall also include a description of the
amount of funds devoted by the intelligence community to the efforts
described in subsection (a) during each of fiscal years 2017 and 2018.
(c) Intelligence Community Defined.--In this section, the term
``intelligence community'' has the meaning given that term in section
3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
SEC. 1732. DEPARTMENT OF DEFENSE OPERATIONS AND ACTIVITIES.
(a) In General.--The Secretary of Defense is authorized to carry
out the operations and activities described in subsection (b) for each
of fiscal years 2020 through 2025.
(b) Operations and Activities.--The operations and activities
described in this subsection are the operations and activities of the
Department of Defense in support of any other department or agency of
the United States Government solely for purposes of carrying out this
title.
(c) Supplement Not Supplant.--Amounts made available to carry out
the operations and activities described in subsection (b) shall
supplement and not supplant other amounts available to carry out the
operations and activities described in subsection (b).
(d) Notification Requirement.--Amounts made available to carry out
the operations and activities described in subsection (b) may not be
obligated until 15 days after the date on which the President notifies
the appropriate committees of Congress of the President's intention to
obligate such funds.
(e) Concurrence of Secretary of State.--Operations and activities
described in subsection (b) carried out with foreign persons shall be
conducted with the concurrence of the Secretary of State.
SEC. 1733. TERMINATION.
The provisions of this title, and any sanctions imposed pursuant to
this title, shall terminate on the date that is 7 years after the date
of the enactment of this Act.
SEC. 1734. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--The authorities and requirements to impose
sanctions under this title shall not include the authority or a
requirement to impose sanctions on the importation of goods.
(b) Good Defined.--In this section, the term ``good'' means any
article, natural or manmade substance, material, supply or manufactured
product, including inspection and test equipment, and excluding
technical data.
SEC. 1735. APPROPRIATE COMMITTEES OF CONGRESS DEFINED.
In this subtitle, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Foreign
Relations, the Select Committee on Intelligence, and the
Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on
Financial Services, the Committee on Foreign Affairs, the
Permanent Select Committee on Intelligence, and the Committee
on Appropriations of the House of Representatives.
SEC. 1736. FUNDING.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D--
(1) the amount authorized to be appropriated in section 301
for Operation and Maintenance, Defense-Wide, as specified in
the corresponding funding table in section 4301, for the Office
of the Secretary of Defense, is hereby increased by $5,000,000
for purposes of carrying out subtitle B (relating to the
Commission on Synthetic Opiod Trafficking); and
(2) the amount authorized to be appropriated for Counter-
Drug Activities, Defense-Wide, for Counter-Narcotics Support,
as specified in the corresponding funding table in section
4501, is hereby increased by $25,000,000 for purposes of
carrying out section 1732 (relating to Department of Defense
operations and activities).
(b) Offsets.--Notwithstanding the amounts set forth in the funding
tables in division D--
(1) the amount authorized to be appropriated in section 301
for Operations and Maintenance, Defense-Wide, as specified in
the corresponding funding table in section 4301, for the
Defense Security Cooperation Agency, line 310, is hereby
reduced by $14,000,000 for unjustified growth; and
(2) the amount authorized to be appropriated in section 101
for Procurement of Wheeled and Tracked Combat Vehicles, Army,
as specified in the corresponding funding table in section
4101, for Bradley Program (Mod), is hereby reduced by
$16,000,000.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2020''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Five Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXX (other than title XXVIII) for military construction
projects, land acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization Security
Investment Program (and authorizations of appropriations therefor)
shall expire on the later of--
(1) October 1, 2024; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2025.
(b) Exception.--Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 2024; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2025 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment Program.
SEC. 2003. EFFECTIVE DATE.
Titles XXI through XXX (other than title XXVIII) shall take effect
on the later of--
(1) October 1, 2019; or
(2) the date of the enactment of this Act.
TITLE XXI--ARMY MILITARY CONSTRUCTION
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2103(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Army may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
State Installation Amount
------------------------------------------------------------------------
Alabama....................... Redstone Arsenal...... $38,000,000
Colorado...................... Fort Carson........... $71,000,000
Georgia....................... Fort Gordon........... $107,000,000
Hunter Army Airfield.. $62,000,000
Kentucky...................... Fort Campbell......... $61,300,000
Kwajalein..................... Kwajalein Atoll....... $40,000,000
Massachusetts................. Natick Soldier Systems $50,000,000
Center...............
Michigan...................... Detroit Arsenal....... $24,000,000
New York...................... Fort Drum............. $44,000,000
North Carolina................ Fort Bragg............ $12,500,000
Oklahoma...................... Fort Sill............. $73,000,000
Pennsylvania.................. Carlisle Barracks..... $98,000,000
South Carolina................ Fort Jackson.......... $88,000,000
Texas......................... Corpus Christi Army $86,000,000
Depot................
Fort Hood............. $50,500,000
Virginia...................... Fort Belvoir.......... $60,000,000
Joint Base Langley- $55,000,000
Eustis...............
Washington.................... Joint Base Lewis- $46,000,000
McChord..............
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2103(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Army may acquire real property and carry out the military construction
project for the installation or location outside the United States, and
in the amount, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Country Installation Amount
------------------------------------------------------------------------
Honduras..................... Soto Cano Air Base...... $34,000,000
------------------------------------------------------------------------
(c) Study of Near-term Facility Alternatives to House High Value
Detainees.--
(1) Study required.--The Secretary of Defense shall conduct
a study of alternatives to meet the near-term facility
requirements to safely and humanely house high value detainees
current detained at Naval Station Guantanamo Bay, Cuba. As part
of the study, the Secretary shall consider the following
alternatives:
(A) The construction of new facilities.
(B) The repair of current facilities.
(C) The renovation and repurposing of other
facilities at Naval Station Guantanamo Bay, Cuba.
(D) Such other alternatives as the Secretary
considers practicable.
(2) Submission of results.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
containing the results of the study conducted under paragraph
(1). The report shall be unclassified, but may include a
classified annex.
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2103(a) and
available for military family housing functions as specified in the
funding table in section 4601, the Secretary of the Army may construct
or acquire family housing units (including land acquisition and
supporting facilities) at the installation, and in the amount, set
forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State/Country Installation Units Amount
----------------------------------------------------------------------------------------------------------------
Pennsylvania............................ Tobyhanna Army Depot..... Family Housing Replacement $19,000,000
Construction.............
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2103(a) and available
for military family housing functions as specified in the funding table
in section 4601, the Secretary of the Army may carry out architectural
and engineering services and construction design activities with
respect to the construction or improvement of family housing units in
an amount not to exceed $9,222,000.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2019,
for military construction, land acquisition, and military family
housing functions of the Department of the Army as specified in the
funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2019 PROJECTS.
(a) Anniston Army Depot, Alabama.--In the case of the authorization
contained in the table in section 2101(a) of the National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
2241) for Anniston Army Depot, Alabama, for construction of a weapon
maintenance shop, as specified in the funding table in section 4601 of
such Act (132 Stat. 2401), the Secretary of the Army may construct a
21,000-square foot weapon maintenance shop.
(b) United States Military Academy, New York.--The table in section
2101(a) of the National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 2241) is amended in the item relating to
the United States Military Academy, New York, by striking
``$160,000,000'' and inserting ``$197,000,000'' for construction of a
Consolidated Engineering Center and Parking Structure rather than the
separate projects specified in the funding table in section 4601 of
such Act (132 Stat. 2401).
TITLE XXII--NAVY MILITARY CONSTRUCTION
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Navy may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona....................................... Marine Corps Air Station Yuma................... $ 189,760,000
California.................................... Camp Pendleton.................................. $185,569,000
Marine Corps Air Station Miramar................ $37,400,000
Naval Air Weapons Station China Lake............ $64,500,000
Navel Base Coronado............................. $165,830,000
Naval Base San Diego............................ $9,900,000
Naval Weapons Station Seal Beach................ $123,310,000
Travis Air Force Base........................... $64,000,000
Connecticut................................... Naval Submarine Base New London................. $72,260,000
Florida....................................... Blount Island................................... $18,700,000
Naval Air Station Jacksonville.................. $32,420,000
Guam.......................................... Joint Region Marianas........................... $226,000,000
Hawaii........................................ Marine Corps Air Station Kaneohe Bay............ $134,050,000
Naval Ammunition Depot West Loch................ $53,790,000
Maryland...................................... Saint Inigoes................................... $15,000,000
North Carolina................................ Camp Lejeune.................................... $217,440,000
Marine Corps Air Station Cherry Point........... $114,570,000
Marine Corps Air Station New River.............. $11,320,000
Pennsylvania.................................. Philadelphia.................................... $66,000,000
South Carolina................................ Parris Island................................... $37,200,000
Virginia...................................... Marine Corps Base Quantico...................... $143,350,000
Naval Station Norfolk........................... $128,100,000
Portsmouth Naval Shipyard....................... $48,930,000
Yorktown Naval Weapons Station.................. $59,000,000
Washington.................................... Bremerton....................................... $51,010,000
Keyport......................................... $25,050,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Navy may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Japan......................................... Fleet Activities Yokosuka....................... $174,692,000
Marine Corps Air Station Iwakuni................ $15,870,000
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2204(a) and available for military family
housing functions as specified in the funding table in section 4601,
the Secretary of the Navy may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $5,863,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204(a) and available for military family housing functions as
specified in the funding table in section 4601, the Secretary of the
Navy may improve existing military family housing units in an amount
not to exceed $41,798,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2019,
for military construction, land acquisition, and military family
housing functions of the Department of the Navy, as specified in the
funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2201 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2017 PROJECT.
The table in section 2201(a) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2691) is
amended in the item relating to Bangor, Washington, by striking
``$113,415,000'' and inserting ``$161,415,000'' for construction of a
SEAWOLF Class Service Pier, as specified in the funding table in
section 4601 of such Act (130 Stat. 2876).
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Air Force may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Alaska....................... Eielson Air Force Base $8,600,000
Arkansas..................... Little Rock Air Force $47,000,000
Base.
California................... Travis Air Force Base $43,100,000
Colorado..................... Peterson Air Force $54,000,000
Base.
Schriever Air Force $148,000,000
Base.
United States Air $49,000,000
Force Academy........
Georgia...................... Moody Air Force Base.. $12,500,000
Guam......................... Joint Region Marianas. $65,000,000
Illinois..................... Scott Air Force Base.. $100,000,000
Mariana Islands.............. Tinian................ $316,000,000
Missouri..................... Whiteman Air Force $27,000,000
Base.
Montana...................... Malmstrom Air Force $235,000,000
Base.
Nevada....................... Nellis Air Force Base. $65,200,000
New Mexico................... Holloman Air Force $20,000,000
Base.
Kirtland Air Force $37,900,000
Base.
Texas........................ Joint Base San $207,300,000
Antonio.
Joint Base San Antonio- $36,000,000
Randolph.............
Utah......................... Hill Air Force Base... $114,500,000
Washington................... Fairchild-White Bluff. $31,000,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Air Force may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Australia..................... Tindal............... $70,600,000
Cyprus........................ Royal Air Force $27,000,000
Akrotiri.
Japan......................... Yokota Air Base...... $12,400,000
United Kingdom................ Royal Air Force $14,300,000
Lakenheath.
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2304(a) and
available for military family housing functions as specified in the
funding table in section 4601, the Secretary of the Air Force may
construct or acquire family housing units (including land acquisition
and supporting facilities) at the installation, and in the amount, set
forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation Units Amount
----------------------------------------------------------------------------------------------------------------
Germany................................. Spangdahlem Air Base..... Family Housing $53,584,000
Construction.............
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2304(a) and available
for military family housing functions as specified in the funding table
in section 4601, the Secretary of the Air Force may carry out
architectural and engineering services and construction design
activities with respect to the construction or improvement of family
housing units in an amount not to exceed $3,409,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(a) and available for military family housing functions as
specified in the funding table in section 4601, the Secretary of the
Air Force may improve existing military family housing units in an
amount not to exceed $53,584,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2019,
for military construction, land acquisition, and military family
housing functions of the Department of the Air Force, as specified in
the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2301 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2305. MODIFICATION OF AUTHORITIES TO CARRY OUT PHASED JOINT
INTELLIGENCE ANALYSIS COMPLEX CONSOLIDATION.
(a) Fiscal Year 2015 Project Authority.--In the case of the
authorization contained in the table in section 2301(b) of the National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128
Stat. 3679) for Royal Air Force Croughton, United Kingdom, for Phase 1
of the Joint Intelligence Analysis Complex consolidation, as specified
in the funding table in section 4601 of such Act (128 Stat. 3973), the
Secretary of the Air Force shall carry out the construction at Royal
Air Force Molesworth, United Kingdom.
(b) Fiscal Year 2016 Project Authority.--In the case of the
authorization contained in the table in section 2301(b) of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 1153), for Royal Air Force Croughton, United Kingdom, for Phase 2
of the Joint Intelligence Analysis Complex consolidation, as specified
in the funding table in section 4601 of such Act (129 Stat. 1294), the
Secretary of the Air Force may construct a 5,152-square meter
Intelligence Analytic Center, a 5,234-square meter Intelligence Fusion
Center, and a 807-square meter Battlefield Information Collection and
Exploitation System Center at Royal Air Force Molesworth, United
Kingdom.
(c) Fiscal Year 2017 Project Authority.--In the case of the
authorization contained in the table in section 2301(b) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2697), for Royal Air Force Croughton, United Kingdom, for Phase 3
of the Joint Intelligence Analysis Complex consolidation, as specified
in the funding table in section 4601 of such Act (130 Stat. 2878), the
Secretary of the Air Force may construct a 1,562-square meter Regional
Joint Intelligence Training Facility and a 4,495-square meter Combatant
Command Intelligence Facility at Royal Air Force Molesworth, United
Kingdom.
(d) Conforming Repeal.--Section 2305 of the National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
2247) is repealed.
SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2016 PROJECT.
The table in section 2301(a) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1152) is amended
in the item relating to Nellis Air Force Base, Nevada, by striking
``$68,950,000'' and inserting ``$72,050,000'' for construction of F-35A
Munitions Maintenance Facilities, as specified in the funding table in
section 4601 of such Act (129 Stat. 1293).
SEC. 2307. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2017 PROJECT.
The table in section 2301(a) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2696) is
amended in the item relating to Fairchild Air Force Base, Washington,
by striking ``$27,000,000'' and inserting ``$31,800,000'' for
construction of a SERE School Pipeline Dormitory, as specified in the
funding table in section 4601 of such Act (130 Stat. 2878).
SEC. 2308. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2018 PROJECTS.
(a) Little Rock Air Force Base, Arkansas.--The table in section
2301(a) of the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 1825) is amended in the item relating to
Little Rock Air Force Base, Arkansas, by striking ``$20,000,000'' and
inserting ``$27,000,000'' for construction of a dormitory facility, as
specified in the funding table in section 4601 of such Act (131 Stat.
2002).
(b) Joint Base San Antonio, Texas.--In the case of the
authorization contained in the table in section 2301(a) of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131
Stat. 1826) for Joint Base San Antonio, Texas, the Secretary of the Air
Force may construct--
(1) a 750-square meter equipment building for construction
of a Classrooms/Dining Facility, as specified in the funding
table in section 4601 of such Act (131 Stat. 2003); and
(2) a 636-square meter air traffic control tower for
construction of an Air Traffic Control Tower, as specified in
the funding table in section 4601 of such Act (131 Stat. 2003).
(c) F.E. Warren Air Force Base, Wyoming.--The table in section
2301(a) of the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 1825) is amended in the item relating to
F.E. Warren Air Force Base, Wyoming, by striking ``$62,000,000'' and
inserting ``$80,100,000'' for construction of a Consolidated Helo/TRF
Ops/AMU and Alert Facility, as specified in the funding table in
section 4601 of such Act (131 Stat. 2004).
(d) Rygge Air Station, Norway.--In the case of the authorization
contained in the table in section 2903 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat.
1876) for Rygge Air Station, Norway, for replacement/expansion of a
Quick Reaction Alert Pad, as specified in the funding table in section
4602 of such Act (131 Stat. 2014), the Secretary of the Air Force may
construct 1,327 square meters of aircraft shelter and a 404-square
meter fire protection support building.
(e) Incirlik Air Base, Turkey.--In the case of the authorization
contained in the table in section 2903 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat.
1876) for Incirlik Air Base, Turkey, for Relocating Base Main Access
Control Point, as specified in the funding table in section 4602 of
such Act (131 Stat. 2015), the Secretary of the Air Force may construct
a 176-square meter pedestrian search building.
SEC. 2309. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2019 PROJECTS.
(a) Hanscom Air Force Base, Massachusetts.--In the case of the
authorization contained in the table in section 2301(a) of the National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 2246) for Hanscom Air Force Base, Massachusetts, for the
construction of a semi-conductor/microelectronics laboratory facility,
as specified in the funding table in section 4601 of such Act (132
Stat. 2405), the Secretary of the Air Force may construct a 1,000
kilowatt stand-by generator.
(b) Minot Air Force Base, North Dakota.--The table in section
2301(a) of the National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 2246) is amended in the item relating to
Minot Air Force Base, North Dakota, by striking ``$66,000,000'' and
inserting ``$71,500,000'' for construction of a Consolidated Helo/TRF
Ops/AMU and Alert Facility, as specified in the funding table in
section 4601 of such Act (132 Stat. 2405).
(c) Royal Air Force Lakenheath, United Kingdom.--In the case of the
authorization contained in the table in section 2301(b) of the National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 2247) for Royal Air Force Lakenheath, United Kingdom, for the
construction of an F-35A Dormitory, as specified in the funding table
in section 4601 of such Act (132 Stat. 2405), the Secretary of the Air
Force may construct a 5,900-square meter dormitory.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of
Defense may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California...................................... Beale Air Force Base....................... $33,700,000
Camp Pendleton............................. $17,700,000
Florida......................................... Eglin Air Force Base....................... $16,500,000
Hurlburt Field............................. $108,386,000
Naval Air Station Key West................. $16,000,000
Guam............................................ Joint Region Marianas...................... $19,200,000
Hawaii.......................................... Joint Base Pearl Harbor-Hickam............. $67,700,000
Maryland........................................ Fort Detrick............................... $27,846,000
Mississippi..................................... Columbus Air Force Base.................... $16,800,000
North Carolina................................. Camp Lejeune............................... $13,400,000
Fort Bragg................................. $84,103,000
Oklahoma........................................ Tulsa International Airport................ $18,900,000
Rhode Island.................................... Quonset State Airport...................... $11,600,000
South Carolina.................................. Joint Base Charleston...................... $33,300,000
South Dakota.................................... Ellsworth Air Force Base................... $24,800,000
Virginia........................................ Defense Distribution Depot Richmond........ $98,800,000
Joint Expeditionary Base Little Creek - $45,604,000
Fort Story................................
Pentagon................................... $28,802,000
Training Center Dam Neck................... $12,770,000
Washington...................................... Joint Base Lewis-McChord................... $47,700,000
Wisconsin....................................... General Mitchell International Airport..... $25,900,000
CONUS Classified................................ Classified Location........................ $82,200,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of
Defense may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Germany......................................... Geilenkirchen Air Base..................... $30,479,000
Japan........................................... Yokota Air Base........................... $136,411,000
----------------------------------------------------------------------------------------------------------------
SEC. 2402. AUTHORIZED ENERGY RESILIENCY AND ENERGY CONSERVATION
PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2403(a), the Secretary of Defense may carry
out energy resiliency and energy conservation projects under chapter
173 of title 10, United States Code, as specified in the funding table
in section 4601.
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2019,
for military construction, land acquisition, and military family
housing functions of the Department of Defense (other than the military
departments), as specified in the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2401 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as provided in
section 2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this
purpose in section 2502 and the amount collected from the North
Atlantic Treaty Organization as a result of construction previously
financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
(a) Authorization.--Funds are hereby authorized to be appropriated
for fiscal years beginning after September 30, 2019, for contributions
by the Secretary of Defense under section 2806 of title 10, United
States Code, for the share of the United States of the cost of projects
for the North Atlantic Treaty Organization Security Investment Program
authorized by section 2501 as specified in the funding table in section
4601.
(b) Authority to Recognize NATO Authorization Amounts as Budgetary
Resources for Project Execution.--When the United States is designated
as the Host Nation for the purposes of executing a project under the
NATO Security Investment Program (NSIP), the Department of Defense
construction agent may recognize the NATO project authorization amounts
as budgetary resources to incur obligations for the purposes of
executing the NSIP project.
Subtitle B--Host Country In-Kind Contributions
SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the Republic of Korea for required in-
kind contributions, the Secretary of Defense may accept military
construction projects for the installations or locations in the
Republic of Korea, and in the amounts, set forth in the following
table:
Republic of Korea Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Component Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Army................................... Camp Carroll.............. Army Prepositioned Stock-4 $51,000,000
Wheeled Vehicle Maintenance
Facility....................
Army................................... Camp Humphreys............ Unaccompanied Enlisted $154,000,000
Personnel Housing, P1.......
Army................................... Camp Humphreys............ Unaccompanied Enlisted $211,000,000
Personnel Housing, P2.......
Army................................... Camp Humphreys............ Satellite Communications $32,000,000
Facility....................
Air Force.............................. Gwangju Air Base.......... Hydrant Fuel System.......... $35,000,000
Air Force.............................. Kunsan Air Base........... Upgrade Electrical $14,200,000
Distribution System.........
Air Force.............................. Kunsan Air Base........... Dining Facility.............. $21,000,000
Air Force.............................. Suwon Air Base............ Hydrant Fuel System.......... $24,000,000
----------------------------------------------------------------------------------------------------------------
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army National Guard locations inside the
United States, and in the amounts, set forth in the following table:
Army National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama......................................... Anniston Army Depot........................ $34,000,000
Foley..................................... $12,000,000
California...................................... Camp Roberts............................... $12,000,000
Idaho........................................... Orchard Combat Training Center............. $29,000,000
Maryland........................................ Havre De Grace............................. $12,000,000
Massachusetts................................... Camp Edwards............................... $9,700,000
Minnesota....................................... New Ulm.................................... $11,200,000
Mississippi..................................... Camp Shelby................................ $8,100,000
Missouri........................................ Springfield................................ $12,000,000
Nebraska........................................ Bellevue................................... $29,000,000
New Hampshire................................... Concord................................... $5,950,000
New York........................................ Jamaica Armory............................. $91,000,000
Pennsylvania.................................... Moon Township.............................. $23,000,000
Vermont......................................... Jericho.................................... $30,000,000
Washington...................................... Richland................................... $11,400,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army Reserve locations inside the United
States, and in the amounts, set forth in the following table:
Army Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Delaware........................................ Newark Army Reserve Center................. $21,000,000
Wisconsin....................................... Fort McCoy................................ $25,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Navy may acquire real property and carry out military
construction projects for the Navy Reserve and Marine Corps Reserve
locations inside the United States, and in the amounts, set forth in
the following table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Louisiana....................................... New Orleans............................... $25,260,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the Air National Guard locations
inside the United States, and in the amounts, set forth in the
following table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California...................................... Moffett Air National Guard Base............ $57,000,000
Georgia......................................... Savannah/Hilton Head International Airport. $24,000,000
Missouri........................................ Rosecrans Memorial Airport................. $9,500,000
Puerto Rico..................................... Luis Munoz-Marin International Airport..... $50,000,000
Wisconsin....................................... Truax Field................................ $34,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the Air Force Reserve locations
inside the United States, and in the amounts, set forth in the
following table:
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Georgia......................................... Robins Air Force Base...................... $43,000,000
Maryland........................................ Joint Base Andrews......................... $15,000,000
Minnesota....................................... Minneapolis-St. Paul IAP................... $9,800,000
----------------------------------------------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2019, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the cost of
acquisition of land for those facilities), as specified in the funding
table in section 4601.
SEC. 2607. REVIEW AND REPORT ON CONSTRUCTION OF NEW, OR MAINTENANCE OF
EXISTING, DIRECT FUEL PIPELINE CONNECTIONS AT AIR
NATIONAL GUARD AND AIR FORCE RESERVE INSTALLATIONS.
(a) Review Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Air Force, in conjunction
with the Defense Logistics Agency, shall complete a review
considering--
(1) the need for, and benefits of, the construction of new,
or maintenance of existing, direct fuel pipeline connections at
Air National Guard and Air Force Reserve installations; and
(2) the barriers, including funding needs and any
inconsistent guidance and consideration of such projects by the
Air Force, that may impede such projects.
(b) Elements of Review.--The review required by subsection (a)
shall include the following:
(1) An analysis of the extent that the Air Force and
Defense Logistics Agency have identified direct fuel pipeline
projects as an effective and efficient way to enhance the
ability of regular component, Air National Guard, and Air Force
Reserve installations, to improve the readiness of affected
units and help them to meet their mission requirements,
including an assessment of how the Air National Guard and Air
Force Reserve facilities, across all States and territories,
can leverage such connections to better support current and
emerging air refueling requirements.
(2) An assessment of how direct fuel pipeline connections
enhance the resiliency and efficiency of the installations and
help meet existing Defense Logistics Agency requirements for
secondary storage and other fuel requirements.
(3) A list of Air National Guard and Air Force Reserve
installations that currently do not have a direct connection
pipeline but have access to such a pipeline within reasonable
proximity (less than five miles) to the facility.
(4) An overview and summary of the current process for
considering such proposals, including the factors used to
consider requests, including the weight provided to each factor
and including a list of Air National Guard and Air Force
Reserve installations that have sought funding for projects to
create direct access to a national fuel pipeline or to maintain
access to such pipelines over the last five years.
(5) A list of the total instances in the past five years in
which projects for direct fuel pipeline connections have been
approved for regular component, Air National Guard, or Air
Force Reserve installations, including the costs of each
project and the justification for such approval.
(6) A list of Air National Guard and Air Force Reserve
installations with current pipeline connections that the Air
Force or Defense Logistics Agency has determined should no
longer be used, including--
(A) an analysis of the justifications for each such
determination, such as decisions to switch from
pipelines to using trucks as the primary fuel delivery
method;
(B) an assessment of whether these determinations
fairly weigh the costs and benefits of building or
maintaining a pipeline tap as a practical primary or
secondary fuel delivery method for the installation
compared to railroad, barge terminal, or truck
delivery; and
(C) an assessment of whether these determinations
fairly consider or weigh how direct fuel pipeline
connections increase security for the fuel supply by
reducing the threat of interruption, enhance mission
reliability by providing access to greater fuel storage
capability, and the ability of such projects once
completed to better support the domestic and global
operations of the Air National Guard or Air Force
Reserve installation.
(7) An assessment of how costs associated with each direct
fuel pipeline connection project is considered by the Air Force
or Defense Logistics Agency and the weight given to such costs
in the final analysis.
(8) An assessment of the effectiveness or usefulness of
guidance or technical assistance provided to installations
requesting or proposing direct fuel pipeline connection
projects and recommend ways to provide additional assistance to
ensure the Air Force and Defense Logistics Agency receive the
most up to date information about the costs and benefits of
proposed projects from installations.
(9) An assessment of the available funding sources though
the Air Force, Defense Logistics Agency, other Department of
Defense entities, or other mechanisms, such as a public-private
partnership or enhanced use lease, that can support direct fuel
pipeline connection projects either in whole or in part.
(10) An assessment of the extent to which direct fuel
pipeline connection projects have been incorporated in any
comprehensive plan the Air Force has developed or will develop
regarding investments needed to improve Air National Guard, Air
Force Reserve, and regular component installations to meet the
Department's needs.
(c) Final Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Air Force shall provide a
final report to the Committees on Armed Services of the Senate and the
House of Representatives containing the results of the review required
by subsection (a) and recommendations from the review on how the Air
Force can better expedite and support the use of fuel pipelines at Air
National Guard and Air Force Reserve installations. Such
recommendations shall include options for accelerating the development
and consideration of such projects where most feasible and appropriate,
including whether costs savings could be obtained by including such
projects as part of other related projects already authorized at an
installation.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND
CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE
BASE CLOSURE ACCOUNT.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2019, for base realignment and closure
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account established by section 2906 of such Act (as amended by
section 2711 of the Military Construction Authorization Act for Fiscal
Year 2013 (division B of Public Law 112-239; 126 Stat. 2140)), as
specified in the funding table in section 4601.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program Changes
SEC. 2801. PROHIBITION ON USE OF MILITARY CONSTRUCTION FUNDS FOR
CONSTRUCTION OF A WALL, FENCE, OR OTHER PHYSICAL BARRIER
ALONG THE SOUTHERN BORDER OF THE UNITED STATES.
(a) Prohibition.--Military construction funds may not be obligated,
expended, or otherwise used to design or carry out a project to
construct, replace, or modify a wall, fence, or other physical barrier
along the international border between the United States and Mexico.
(b) Definitions.--In this section:
(1) Military construction funds.--The term ``military
construction funds'' means--
(A) amounts authorized to be appropriated for a
military construction project authorized in this
division or authorized in any Military Construction
Authorization Act for any of fiscal years 2015 through
2019, including any amounts of such an authorization
made available to the Department of Defense and
transferred to another authorization by the Secretary
of Defense pursuant to transfer authority available to
the Secretary; and
(B) funds appropriated in any Act for a military
construction project described in subparagraph (A).
(2) Military construction project.--The term ``military
construction project'' has the meaning given that term in
section 2801 of title 10, United States Code.
SEC. 2802. MODIFICATION AND CLARIFICATION OF CONSTRUCTION AUTHORITY IN
THE EVENT OF A DECLARATION OF WAR OR NATIONAL EMERGENCY.
(a) Limitation on Amount of Funds Available for National
Emergency.--Section 2808 of title 10, United States Code, is amended--
(1) by redesignating subsections (b) and (c) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (a) the following new
subsection:
``(c) Limitation on Amount of Funds Available for National
Emergency.--(1) Except as provided in paragraph (2), in the event of a
declaration by the President of a national emergency in which the
construction authority described in subsection (a) is used, the total
cost of all military construction projects undertaken using that
authority during the national emergency may not exceed $500,000,000.
``(2) In the event of a national emergency declaration in which the
construction authority described in subsection (a) will be used only
within the United States, the total cost of all military construction
projects undertaken using that authority during the national emergency
may not exceed $100,000,000.''.
(b) Additional Condition on Source of Funds.--Section 2808(a) of
title 10, United States Code, is amended--
(1) in the second sentence--
(A) by striking ``Such projects may'' and inserting
the following:
``(b) Conditions on Source of Funds.--(1) Military construction
projects to be undertaken using the construction authority described in
subsection (a) may''; and
(B) by inserting before the period at the end of
the sentence the following: ``and that the Secretary of
Defense determines are otherwise unexecutable''; and
(2) by adding after the second sentence the following:
``(2) For purposes of paragraph (1), the Secretary may determine
that funds appropriated for military construction are unexecutable if--
``(A) a military construction project for which the funds
were appropriated has been cancelled, for a reason other than
to provide funds to carry out military construction under this
section; or
``(B) the cost of a military construction project for which
the funds were appropriated has been reduced because of project
modifications or other cost savings, for a reason other than to
provide funds to carry out military construction under this
section.''.
(c) Waiver of Other Provisions of Law.--Section 2808 of title 10,
United States Code, is amended by inserting after subsection (c), as
added by subsection (a), the following new subsection:
``(d) Waiver of Other Provisions of Law in Event of National
Emergency.--In the event of a declaration by the President of a
national emergency in which the construction authority described in
subsection (a) is used, the authority provided by such subsection to
waive or disregard another provision of law that would otherwise apply
to a military construction project authorized by this section may be
used only if--
``(1) such other provision of law does not provide a means
by which compliance with the requirements of the law may be
waived, modified, or expedited; and
``(2) the Secretary of Defense determines that the nature
of the national emergency necessitates the noncompliance with
the requirements of the law.''.
(d) Additional Notification Requirements.--Subsection (e) of
section 2808 of title 10, United States Code, as redesignated by
subsection (a)(1), is amended--
(1) by striking ``of the decision'' and all that follows
through the end of the subsection and inserting the following:
``of the following:
``(A) The reasons for the decision to use the construction
authority described in subsection (a), including, in the event
of a declaration by the President of a national emergency, the
reasons why use of the armed forces is required in response to
the declared national emergency.
``(B) The construction projects to be undertaken using the
construction authority described in subsection (a), including,
in the event of a declaration by the President of a national
emergency, an explanation of how each construction project
directly supports the immediate security, logistical, or short-
term housing and ancillary supporting facility needs of the
members of the armed forces used in the national emergency.
``(C) The estimated cost of the construction projects to be
undertaken using the construction authority described in
subsection (a), including the cost of any real estate action
pertaining to the construction projects, and certification of
compliance with the funding conditions imposed by subsections
(b) and (c).
``(D) Any determination made pursuant to subsection (d)(2)
to waive or disregard another provision of law to undertake any
construction project using the construction authority described
in subsection (a).
``(E) The military construction projects, including any
military family housing and ancillary supporting facility
projects, to be canceled or deferred in order to provide funds
to undertake construction projects using the construction
authority described in subsection (a) and the possible impact
of the cancellation or deferment of such military construction
projects on military readiness and the quality of life of
members of the armed forces and their dependents.''; and
(2) by adding at the end the following new paragraph:
``(2) In the event of a declaration by the President of a national
emergency in which the construction authority described in subsection
(a) is used, a construction project to be undertaken using such
construction authority may be carried out only after the end of the
five-day period beginning on the date the notification required by
paragraph (1) is received by the appropriate committees of Congress.''.
(e) Clerical Amendments.--Section 2808 of title 10, United States
Code, is further amended--
(1) in subsection (a), by inserting ``Construction
Authorized.--'' after ``(a)'';
(2) in subsection (e), as redesignated by subsection
(a)(1), by inserting ``Notification Requirement.--(1)'' after
``(e)''; and
(3) in subsection (f), as redesignated by subsection
(a)(1), by inserting ``Termination of Authority.--'' after
``(f)''.
SEC. 2803. INCLUSION OF INFORMATION REGARDING MILITARY INSTALLATION
RESILIENCE IN MASTER PLANS FOR MAJOR MILITARY
INSTALLATIONS.
(a) Military Installation Resilience.--Section 2864 of title 10,
United States Code, is amended--
(1) in subsection (a)(1), by inserting ``military
installation resilience,'' after ``master planning,'';
(2) by redesignating subsections (c) and (d) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (b) the following new
subsection:
``(c) Military Installation Resilience Component.--To address
military installation resilience under subsection (a)(1), each
installation master plan shall discuss the following:
``(1) Risks and threats to military installation resilience
that exist at the time of the development of the plan and that
are projected for the future, including from extreme weather
events, mean sea level fluctuation, wildfires, flooding, and
other changes in environmental conditions.
``(2) Assets or infrastructure located on the military
installation vulnerable to the risks and threats described in
paragraph (1), with a special emphasis on assets or
infrastructure critical to the mission of the installation and
the mission of members of the armed forces.
``(3) Lessons learned from the impacts of extreme weather
events, including changes made to the military installation to
address such impacts, since the prior master plan developed
under this section.
``(4) Ongoing or planned infrastructure projects or other
measures, as of the time of the development of the plan, to
mitigate the impacts of the risks and threats described in
paragraph (1).
``(5) Community infrastructure and resources located
outside the installation (such as medical facilities,
transportation systems, and energy infrastructure) that are--
``(A) necessary to maintain mission capability or
that impact the resilience of the military
installation; and
``(B) vulnerable to the risks and threats described
in paragraph (1).
``(6) Agreements in effect or planned, as of the time of
the development of the plan, with public or private entities
for the purpose of maintaining or enhancing military
installation resilience or resilience of the community
infrastructure and resources described in paragraph (5).
``(7) Projections from recognized governmental and
scientific entities such as the Census Bureau, the National
Academies of Sciences, the United States Geological Survey, and
the United States Global Change Research Office (or any similar
successor entities) with respect to future risks and threats
(including the risks and threats described in paragraph (1)) to
the resilience of any project considered in the installation
master plan during the 50-year lifespan of the installation.''.
(b) Report on Master Plans.--Section 2864 of title 10, United
States Code, is amended by inserting after subsection (c), as added by
subsection (a), the following new subsection:
``(d) Report.--Not later than March 1 of each year, the Secretary
of Defense shall submit to the congressional defense committees a
report listing all master plans completed pursuant to this section in
the prior calendar year.''.
SEC. 2804. IMPROVED CONSULTATION WITH TRIBAL GOVERNMENTS WHEN PROPOSED
MILITARY CONSTRUCTION PROJECTS POTENTIALLY IMPACT INDIAN
TRIBES.
Section 2802 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(f)(1) If a proposed military construction project has the
potential to significantly affect tribal lands, sacred sites, or tribal
treaty rights, the Secretary concerned shall initiate consultation with
the tribal government of each impacted Indian tribe--
``(A) to determine the nature, extent, and estimated costs
of the adverse impacts;
``(B) to determine whether the adverse impacts can be
avoided or mitigated in the design and implementation of the
project; and
``(C) if the adverse impacts cannot be avoided, to develop
feasible measures to mitigate the impacts and estimate the cost
of the mitigation measures.
``(2) As part of the Department of Defense Form 1391 submitted to
the appropriate committees of Congress for a military construction
project covered by paragraph (1), the Secretary concerned shall include
a description of the current status of the consultation conducted under
such paragraph and specifically address each of the items specified in
subparagraphs (A), (B), and (C) of such paragraph.
``(3) In this subsection:
``(A) The term `Indian tribe' has the meaning given that
term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
``(B) The term `tribal government' means the recognized
governing body of an Indian tribe.
``(C) The term `sacred site' has the meaning given that
term in Executive Order No. 13007, as in effect on the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2020.''.
SEC. 2805. AMENDMENT OF UNIFIED FACILITIES CRITERIA TO PROMOTE MILITARY
INSTALLATION RESILIENCE, ENERGY RESILIENCE, ENERGY AND
CLIMATE RESILIENCY, AND CYBER RESILIENCE.
(a) Amendment Required.--Not later than September 1, 2020, the
Secretary of Defense shall amend the Unified Facility Criteria related
to military construction planning and design to ensure that building
practices and standards promote military installation resilience,
energy resilience, energy and climate resiliency, and cyber resilience.
To prepare the amendments required by this subsection, the Secretary of
Defense shall take into account historical data, current conditions,
and sea level rise projections. The Secretary may consult with the
heads of other Federal departments and agencies with expertise
regarding military installation resilience, energy resilience, energy
and climate resiliency, and cyber resilience.
(b) Conditional Availability of Funds Pending Initiation of
Amendment Process.--Not more than 25 percent of the funds authorized to
be appropriated for fiscal year 2020 for Department of Defense planning
and design accounts related to military construction projects may be
obligated until the date on which the Secretary of Defense submits to
the Committees on Armed Services of the House of Representatives and
the Senate a certification that the Secretary has initiated the process
to amend the Unified Facility Criteria to comply with the requirements
of subsection (a) and intends to complete the amendment process by the
date specified in such subsection.
(c) Implementation of Unified Facilities Criteria Amendment.--
(1) Implementation.--Any Department of Defense Form 1391
submitted to Congress after the date specified in subsection
(a) must be in compliance with the Unified Facility Criteria,
amended as required by subsection (a).
(2) Certification.--Not later than March 1, 2021, the
Secretary of Defense shall certify to the Committees on Armed
Services of the House of Representatives and the Senate that
the amendment required by subsection (a) and the amendment
required by section 2805(c) of the Military Construction
Authorization Act for Fiscal Year 2019 (division B of Public
Law 115-232; 132 Stat. 2262; 10 U.S.C. 2864 note) have been
completed and fully incorporated into military construction
planning and design.
(d) Annual Review.--Beginning with fiscal year 2022, and annually
thereafter, the Secretary of Defense shall conduct a review comparing
the Unified Facility Criteria and industry best practices to ensure
that military construction building practices and standards related to
military installation resilience, energy resilience, energy and climate
resiliency, and cyber resilience remain current.
(e) Definitions.--In this section:
(1) The terms ``energy resilience'' and ``military
installation resilience'' have the meanings given those terms
in section 101(e) of title 10, United States Code.
(2) The term ``energy and climate resiliency'' has the
meaning given that term in section 2864 of title 10, United
States Code.
SEC. 2806. MODIFICATION TO DEPARTMENT OF DEFENSE FORM 1391 REGARDING
CONSIDERATION OF POTENTIAL LONG-TERM ADVERSE
ENVIRONMENTAL EFFECTS.
(a) Modification.--
(1) Certification requirement.--The Secretary of Defense
shall modify Department of Defense Form 1391 to require, with
respect to any proposed major or minor military construction
project requiring congressional notification or approval, the
inclusion of a certification by the Secretary of Defense or the
Secretary of the military department concerned that the
proposed military construction project takes into
consideration--
(A) the potential adverse consequences of long-term
changes in environmental conditions, such as
increasingly frequent extreme weather events, that
could affect the military installation resilience of
the installation for which the military construction
project is proposed; and
(B) building requirements in effect for the
locality in which the military construction project is
proposed and industry best practices that are developed
to withstand extreme weather events and other
consequences of changes in environmental conditions.
(2) Elements of certification.--As part of the
certification required by paragraph (1) for a proposed military
construction project, the Secretary concerned shall identify
the potential changes in environmental conditions, such as
increasingly frequent extreme weather events, considered and
addressed under subparagraphs (A) and (B) of paragraph (1).
(b) Relation to Recent Modification Requirement.--The modification
of Department of Defense Form 1391 required by subsection (a) is in
addition to, and expands upon, the modification of Department of
Defense Form 1391 with respect to flood risk disclosure for military
construction required by section 2805(a) of the Military Construction
Authorization Act for Fiscal Year 2019 (division B of Public Law 115-
232; 132 Stat. 2262; 10 U.S.C. 2802 note).
(c) Military Installation Resilience Defined.--In this section, the
term ``military installation resilience'' has the meaning given that
term in section 101(e)(8) of title 10, United States Code.
SEC. 2807. IMPROVED FLOOD RISK DISCLOSURE FOR MILITARY CONSTRUCTION.
(a) When Disclosure Required.--Section 2805(a)(1) of the Military
Construction Authorization Act for Fiscal Year 2019 (division B of
Public Law 115-232; 132 Stat. 2262; 10 U.S.C. 2802 note) is amended--
(1) in subparagraph (A), by inserting after ``hazard data''
the following: ``, or will be impacted by projected current and
future mean sea level fluctuations over the lifetime of the
project''; and
(2) in subparagraph (B), by inserting after ``floodplain''
the following: ``or will be impacted by projected current and
future mean sea level fluctuations over the lifetime of the
project''.
(b) Reporting Requirements.--Section 2805(a)(3) of the Military
Construction Authorization Act for Fiscal Year 2019 (division B of
Public Law 115-232; 132 Stat. 2262; 10 U.S.C. 2802 note) is amended--
(1) in the matter preceding the subparagraphs, by inserting
after ``floodplain'' the following: ``or are to be impacted by
projected current and future mean sea level fluctuations over
the lifetime of the project''; and
(2) by adding at the end the following new subparagraph:
``(D) A description of how the proposed project has
taken into account projected current and future mean
sea level fluctuations over the lifetime of the
project.''.
(c) Mitigation Plan Assumptions.--Section 2805(a)(4) of the
Military Construction Authorization Act for Fiscal Year 2019 (division
B of Public Law 115-232; 132 Stat. 2262; 10 U.S.C. 2802 note) is
amended--
(1) in the matter preceding the subparagraphs--
(A) by inserting after ``floodplain'' the
following: ``or that will be impacted by projected
current and future mean sea level fluctuations over the
lifetime of the project''; and
(B) by striking ``an additional'';
(2) in subparagraph (A)--
(A) by inserting ``an additional'' before ``2
feet''; and
(B) by striking ``and'' at the end of the
subparagraph;
(3) in subparagraph (B)--
(A) by inserting ``an additional'' before ``3
feet''; and
(B) by striking the period at the end of the
subparagraph and inserting ``; and''; and
(4) by adding at the end the following new subparagraph:
``(C) any additional flooding that will result from
projected current and future mean sea level
fluctuations over the lifetime of the project.''.
SEC. 2808. TECHNICAL CORRECTIONS AND IMPROVEMENTS TO DEFENSE ACCESS
ROAD RESILIENCE.
Section 210 of title 23, United States Code, is amended--
(1) in subsection (a), by striking ``(a)(1) The Secretary''
and all that follows through the end of paragraph (1) and
inserting the following:
``(a) Authorization.--
``(1) In general.--When defense access roads are certified
to the Secretary as important to the national defense by the
Secretary of Defense or such other official as the President
may designate, the Secretary is authorized, out of the funds
appropriated for defense access roads, to provide for--
``(A) the construction and maintenance of defense
access roads (including bridges, tubes, tunnels, and
culverts or other hydraulic appurtenances on those
roads) to--
``(i) military reservations;
``(ii) defense industry sites;
``(iii) air or sea ports that are necessary
for or are planned to be used for the
deployment or sustainment of members of the
Armed Forces, equipment, or supplies; or
``(iv) sources of raw materials;
``(B) the reconstruction or enhancement of, or
improvements to, those roads to ensure the continued
effective use of the roads, regardless of current or
projected increases in mean tides, recurrent flooding,
or other weather-related conditions or natural
disasters; and
``(C) replacing existing highways and highway
connections that are shut off from general public use
by necessary closures, closures due to mean sea level
fluctuation and flooding, or restrictions at--
``(i) military reservations;
``(ii) air or sea ports that are necessary
for or are planned to be used for the
deployment or sustainment of members of the
Armed Forces, equipment, or supplies; or
``(iii) defense industry sites.'';
(2) in subsection (b), by striking ``the construction and
maintenance of'' and inserting ``construction, reconstruction,
resurfacing, restoration, rehabilitation, and preservation of,
or enhancements to,'';
(3) in subsection (c)--
(A) by striking ``him'' and inserting ``the
Secretary'';
(B) by striking ``construction, maintenance, and
repair work'' and inserting ``activities for
construction, maintenance, reconstruction, enhancement,
improvement, and repair'';
(C) by striking ``therein'' and inserting ``in
those areas''; and
(D) by striking ``condition for such training
purposes and for repairing the damage caused to such
highways by the operations of men and equipment in such
training.'' and inserting the following: ``condition
for--
``(1) that training; and
``(2) repairing the damage to those highways caused by--
``(A) weather-related events, increases in mean
high tide levels, recurrent flooding, or natural
disasters; or
``(B) the operations of men and equipment in such
training.'';
(4) in subsection (g)--
(A) by striking ``he'' and inserting ``the
Secretary'';
(B) by striking ``construction which has been'' and
inserting ``construction and other activities''; and
(C) by striking ``upon his demand'' and inserting
``upon demand by the Secretary''; and
(5) by striking subsection (i) and inserting the following:
``(i) Repair of Certain Damages and Infrastructure.--The funds
appropriated to carry out this section may be used to pay the cost of
repairing damage caused, or any infrastructure to mitigate a risk
posed, to a defense access road by recurrent or projected recurrent
flooding, sea level fluctuation, a natural disaster, or any other
current or projected change in applicable environmental conditions, if
the Secretary determines that continued access to a military
installation, defense industry site, air or sea port necessary for or
planned to be used for the deployment or sustainment of members of the
Armed Forces, equipment, or supplies, or to a source of raw materials,
has been or is projected to be impacted by those events or
conditions.''.
Subtitle B--Military Family Housing Reforms
SEC. 2811. ENHANCED PROTECTIONS FOR MEMBERS OF THE ARMED FORCES AND
THEIR DEPENDENTS RESIDING IN PRIVATIZED MILITARY HOUSING
UNITS.
(a) Specified Rights of Tenancy in Privatized Military Housing
Units.--
(1) In general.--Section 2886 of title 10, United States
Code, is amended to read as follows:
``Sec. 2886. Specified rights of tenancy in military housing units
``(a) Contract Requirement for Military Housing Units.--
``(1) Inclusion of rights of tenancy.--Each contract
between the Secretary concerned and a landlord shall guarantee
the rights of tenancy specified in this section for military
tenants who reside in military housing units covered by the
contract.
``(2) Rule of construction.--The rights of tenancy in
military housing units specified in this section are not
intended to be exclusive. The omission of a tenant right or
protection shall not be construed to deny the existence of such
a right or protection for military tenants.
``(3) Written lease and explanation of tenancy.--(A) The
lease between a landlord and military tenant shall be in
writing to establish tenancy in a military housing unit. The
landlord shall provide the military tenant with a copy of the
lease, any addendums, and any other regulations imposed by the
landlord regarding occupancy of the military housing unit and
use of common areas.
``(B) The Secretary concerned shall require that a military
tenant receive a plain-language briefing regarding the rights
of tenancy guaranteed by this section and the respective
responsibilities of landlords and military tenants related to
tenancy, including the existence of any additional fees
authorized by subsection (c)(2), any utilities payments, the
procedures for submitting and tracking work orders, the
identity of the military tenant advocate, and the dispute
resolution process.
``(b) Protection Against Retaliation.--
``(1) In general.--A landlord may not retaliate against a
military tenant, directly or through the chain-of-command of a
member of the armed forces who is a military tenant, in
response to a military tenant making a complaint relating to a
military housing unit or common areas. Evidence of retaliation
may include any of the following actions, including
unsuccessful attempts to commit such an action:
``(A) Unlawful recovery of, or attempt to recover,
possession of a military housing unit.
``(B) Unlawfully increasing the rent, decreasing
services, or increasing the obligations of a military
tenant.
``(C) Interference with a military tenant's right
to privacy.
``(D) Harassment of a military tenant.
``(E) Refusal to honor the terms of the lease.
``(F) Interference with the career of a military
tenant.
``(2) Investigation.--The Inspector General of the
Department of Defense and the Inspector General of a military
department may investigate allegations of retaliation against a
military tenant in connection with a complaint relating to a
military housing unit.
``(c) Prohibition Against Collection of Amounts in Addition to
Rent.--
``(1) In general.--A landlord may not impose on a military
tenant a supplemental payment, such as an out-of-pocket fee, in
addition to the amount of rent the landlord charges for a unit
of similar size and composition to the military housing unit,
without regard to whether or not the amount of the member's
basic allowance for housing under section 403 of title 37 is
less than the amount of the rent.
``(2) Exceptions.--Nothing in paragraph (1) shall be
construed--
``(A) to prohibit a landlord from imposing an
additional payment--
``(i) for optional services provided to
military tenants, such as access to a gym or a
parking space;
``(ii) for non-essential utility services,
as determined in accordance with regulations
promulgated by the Secretary concerned; or
``(iii) to recover damages associated with
tenant negligence; or
``(B) to limit or otherwise affect the authority of
the Secretary concerned to enter into rental guarantee
agreements under section 2876 of this title or to make
differential lease payments under section 2877 of this
title, so long as such agreements or payments do not
require a military tenant to pay an out-of-pocket fee
or payment in addition to the basic allowance for
housing of the member.
``(d) Dispute Resolution Process.--
``(1) Establishment.--The Secretary concerned shall
establish a dispute resolution process for the resolution of
disputes between landlords and military tenants related to
military housing units. The resolution process shall use
neutral arbitrators and minimize costs incurred by military
tenants to participate.
``(2) Treatment of basic allowance for housing.--During the
dispute resolution process between a landlord and military
tenant, the Secretary concerned may withhold from the landlord
amounts of the military tenant's basic allowance for housing
under section 403 of title 37 that otherwise would be paid to
the landlord directly by the military tenant or through
allotments of the pay of the military tenant under section 701
of such title.
``(e) Prompt Maintenance and Repairs.--
``(1) In general.--The Secretary concerned shall ensure
that landlords--
``(A) respond promptly to requests for the
maintenance or repair of a military housing unit; and
``(B) communicate effectively with military tenants
regarding the schedule and status of maintenance or
repair requests.
``(2) Electronic work order system.--To promote the policy
objective described in paragraph (1), the Secretary concerned
shall require the establishment of an electronic work order
system through which a military tenant may request maintenance
or repairs of a military housing unit and track the progress of
the work.
``(3) Access to system.--The electronic work order system
shall be accessible--
``(A) to a military tenant to track a work request
made through the system by the military tenant;
``(B) to military tenant advocates or a commander
of the relevant military installation to track a work
request made through the system; and
``(C) to the landlord responsible for the military
housing unit to track a work request made through the
system by a military tenant.
``(f) Disclosure of Housing Code Violations and Hazards.--
``(1) In general.--Before accepting a rental application
from a prospective military tenant to lease a military housing
unit, the landlord must disclose to the prospective military
tenant the following:
``(A) Any housing code violations with respect to
the military housing unit incurred within the previous
three years.
``(B) Either a three-year history of mold
contamination with respect to the military housing unit
and common areas or proof of proper remediation.
``(C) Either a three-year history of lead
contamination in water with respect to the military
housing unit and common areas or proof of proper
remediation.
``(D) Either a three-year history of rodent
infestation with respect to the military housing unit
and common areas or proof of proper remediation.
``(E) Any information regarding health-related
symptoms among previous residents of the military
housing unit that may have been the result of exposure
to environmental hazards in the military housing unit
or common areas, if such residents agreed to
voluntarily disclose such information. The military
tenant advocate shall inform military tenants of their
option to disclose or decline to disclose such
information.
``(2) Continued requirement.--The landlord must make the
information referred to in paragraph (1) accessible to the
military tenant throughout the lease of the military housing
unit.
``(g) Unit Inspections.--
``(1) Move-in.--A military tenant is entitled to be present
for an inspection of a military housing unit before accepting
occupancy of the military housing unit to ensure that the
military housing unit is habitable and that facilities and
common areas of the building are in good repair.
``(2) Move-out.--A military tenant is entitled to be
present for the move-out inspection and must be given
sufficient time to address any concerns related to the military
tenant's occupancy of the military housing unit.
``(h) Military Tenant Advocates.--(1)(A) The Secretary concerned
shall assign personnel of the Department of Defense or contractor
personnel to serve as a military tenant advocate--
``(i) to assist in the resolution of a dispute
between a landlord and a military tenant; and
``(ii) to serve as a liaison between military
tenants and landlords, officials in the chain of
command at the installation, and the individual
designated in paragraph (2) within the Office of the
Secretary of Defense, with respect to concerns of
military tenants at the applicable installation.
``(B) A military tenant advocate may not be an employee of a
landlord or occupy office-space provided by a landlord.
``(2)(A) The Secretary of Defense shall designate an individual
within the Office of the Secretary of Defense to serve as the liaison
between the Secretary and the Secretaries concerned, the military
tenant advocates under paragraph (1), landlords, and other offices of
the Department as the Secretary determines appropriate with respect to
military tenant issues.
``(B) Not later than one year after the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2020, and
annually thereafter for the next two years, the individual designated
under subparagraph (A) shall submit to the Secretary of Defense and the
congressional defense committees a report containing a description of--
``(i) common issues encountered by military tenants with
respect to military housing; and
``(ii) the responsiveness of landlords to tenant requests
for the maintenance or repair of military housing units.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter IV of title 10, United States Code, is
amended by striking the item relating to section 2886 and
inserting the following new item:
``2886. Specified rights of tenancy in military housing units.''.
(b) Definitions.--Section 2871 of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (7) and (8) as paragraphs
(10) and (11), respectively; and
(2) by inserting after paragraph (6) the following new
paragraphs:
``(7) The term `landlord' means an eligible entity that
enters into a contract as a partner with the Secretary
concerned for the acquisition or construction of a military
housing unit under this subchapter or any subsequent lessor who
owns, manages, or is otherwise responsible for a military
housing unit.
``(8) The term `military housing unit' means a unit of
military family housing or military unaccompanied housing
acquired or constructed under this subchapter.
``(9) The term `military tenant' means a member of the
armed forces who occupies a military housing unit and any
dependent of the member who is a party to a lease for a
military housing unit or is authorized to act on behalf of the
member in the event of the assignment or deployment of the
member.''.
(c) Implementation Report.--Not later than March 1, 2020, the
Secretary of Defense shall submit to the Committees on Armed Services
of the House of Representatives and the Senate a report containing a
plan to implement section 2886 of title 10, United States Code, as
amended by subsection (a). In the report, the Secretary shall identify
any circumstances that would impede application of the requirements of
such section to existing contracts for the acquisition or construction
of military family housing units or military unaccompanied housing
units under subchapter IV of chapter 169 of such title, and to existing
contracts for the management of such military housing units.
SEC. 2812. PROHIBITION ON USE OF NONDISCLOSURE AGREEMENTS IN CONNECTION
WITH LEASES OF MILITARY HOUSING CONSTRUCTED OR ACQUIRED
USING ALTERNATIVE AUTHORITY FOR ACQUISITION AND
IMPROVEMENT OF MILITARY HOUSING.
(a) Nondisclosure Agreements Prohibited.--Section 2882 of title 10,
United States Code, is amended by adding at the end the following new
subsection:
``(d) Prohibition on Use of Nondisclosure Agreements.--(1) A member
of the armed forces who leases a housing unit acquired or constructed
under this subchapter, and any dependent of the member who is a party
to a lease for such a unit or is authorized to act on behalf of the
member in the event of the assignment or deployment of the member, may
not be required to sign a nondisclosure agreement in connection with
entering into, continuing, or terminating the lease. Any such agreement
against the interests of the member is invalid.
``(2) Paragraph (1) shall not apply to a nondisclosure agreement
executed as part of the settlement of litigation.''.
(b) Implementation.--The Secretary of Defense and the Secretaries
of the military departments shall promulgate regulations necessary to
give full force and effect to subsection (d) of section 2882 of title
10, United States Code, as added by subsection (a).
(c) Retroactive Application of Amendment.--Subsection (d) of
section 2882 of title 10, United States Code, as added by subsection
(a), shall apply with respect to any nondisclosure agreement covered by
the terms of such subsection (d) regardless of the date on which the
agreement was executed.
SEC. 2813. AUTHORITY TO FURNISH CERTAIN SERVICES IN CONNECTION WITH USE
OF ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT
OF MILITARY HOUSING.
Section 2872a(b) of title 10, United States Code, is amended by
adding at the end the following new paragraphs:
``(13) Street sweeping.
``(14) Tree trimming and removal.''.
SEC. 2814. MODIFICATION TO REQUIREMENTS FOR WINDOW FALL PREVENTION
DEVICES IN MILITARY FAMILY HOUSING UNITS.
(a) Fall Prevention Device Requirements.--Section 2879(a) of title
10, United States Code, is amended--
(1) in paragraph (1), by striking ``that protect against
unintentional window falls by young children and that are in
compliance with applicable International Building Code (IBC)
standards'' and inserting ``described in paragraph (3)'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``December 11,
2017'' and inserting ``October 1, 2019''; and
(B) in subparagraph (B), by striking ``September 1,
2018'' and inserting ``October 1, 2019''; and
(3) by adding at the end the following new paragraph:
``(3) Fall prevention device described.--A fall prevention
device is a window screen or guard that complies with
applicable standards in ASTM standard F2090-13 (or any
successor standard).''.
(b) Modification to Window Description.--Section 2879(c) of title
10, United States Code, is amended by striking ``24'' and inserting
``42''.
(c) Conforming Amendment.--Section 2879(b)(1) of title 10, United
States Code, is amended by striking ``paragraph (1)'' and inserting
``paragraph (3)''.
SEC. 2815. ASSESSMENT OF HAZARDS IN DEPARTMENT OF DEFENSE HOUSING.
(a) Hazard Assessment Tool.--
(1) Development required.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
shall develop an assessment tool, such as a rating system or
similar mechanism, to identify and measure health and safety
hazards in housing under the jurisdiction of the Department of
Defense (including privatized housing).
(2) Components.--The assessment tool shall provide for the
identification and measurement of the following hazards:
(A) Physiological hazards, including dampness and
mold growth, lead-based paint, asbestos and manmade
fibers, radiation, biocides, carbon monoxide, and
volatile organic compounds.
(B) Psychological hazards, including ease of access
by unlawful intruders, and lighting issues.
(C) Infection hazards.
(D) Safety hazards.
(3) Public forums.--In developing the assessment tool, the
Secretary of Defense shall provide for multiple public forums
at which the Secretary may receive input with respect to such
assessment tool from occupants of housing under the
jurisdiction of the Department of Defense (including privatized
housing).
(4) Report.--Not later than 210 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 assessment tool.
(b) Hazard Assessments.--
(1) Assessments required.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Defense, using the assessment tool developed under subsection
(a)(1), shall complete a hazard assessment for each housing
facility under the jurisdiction of the Department of Defense
(including privatized housing).
(2) Tenant information.--As soon as practicable after the
completion of the hazard assessment conducted for a housing
facility under paragraph (1), the Secretary of Defense shall
provide to each individual who leases or is assigned to a
housing unit in the facility a summary of the results of the
assessment.
SEC. 2816. DEVELOPMENT OF PROCESS TO IDENTIFY AND ADDRESS ENVIRONMENTAL
HEALTH HAZARDS IN DEPARTMENT OF DEFENSE HOUSING.
(a) Process Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in coordination
with the Secretaries of the military departments, shall develop a
process to identify, record, and resolve environmental health hazards
in housing under the jurisdiction of the Department of Defense
(including privatized housing) in a timely manner.
(b) Elements of Process.--The process developed under subsection
(a) shall provide for the following with respect to each identified
environmental health hazard:
(1) Categorization of the hazard.
(2) Identification of health risks posed by the hazard.
(3) Identification of the number of housing occupants
potentially affected by the hazard.
(4) Recording and maintenance of information regarding the
hazard.
(5) Resolution of the hazard, which shall include--
(A) the performance by the Secretary of Defense (or
in the case of privatized housing, the landlord) of
hazard remediation activities at the affected facility;
and
(B) follow-up by the Secretary of Defense to
collect information on medical care related to the
hazard sought or received by individuals affected by
the hazard.
(c) Coordination.--The Secretary of Defense shall ensure
coordination between military treatment facilities, appropriate public
health officials, and housing managers at military installations with
respect to the development and implementation of the process required
by subsection (a).
(d) Report.--Not later than 210 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 process required by subsection (a).
SEC. 2817. REPORT ON CIVILIAN PERSONNEL SHORTAGES FOR APPROPRIATE
OVERSIGHT OF MANAGEMENT OF MILITARY HOUSING CONSTRUCTED
OR ACQUIRED USING ALTERNATIVE AUTHORITY FOR ACQUISITION
AND IMPROVEMENT OF MILITARY HOUSING.
(a) Report Required.--Not later than six months after the date of
the enactment of this Act, the Secretary of Defense, in coordination
with the Secretaries of the military departments, shall submit to the
congressional defense committees a report containing the following:
(1) An evaluation of the extent to which shortages in the
number of civilian personnel performing oversight functions at
Department of Defense housing management offices or assigned to
housing-related functions at headquarters levels contribute to
problems regarding the management of military housing
constructed or acquired using the alternative authority for the
acquisition and improvement of military housing under
subchapter IV of chapter 169 of title 10, United States Code.
(2) Recommendations to address such personnel shortages in
order to eliminate management problems regarding such military
housing, ensure oversight of the partner's execution of the
housing agreement and the delivery of all requirements in
accordance with implementing guidance provided by the
Secretaries of the military departments, improve oversight of
and expedite the work-order process, and facilitate a positive
experience for members of the Armed Forces and their dependents
who reside in military housing.
(b) Personnel Recommendations.--As part of the recommendations
required by subsection (a)(2), the Secretary of Defense shall--
(1) determine the number of additional personnel who are
required, the installation and headquarter locations at which
they will be employed, the employment positions they will fill,
and the duties they will perform;
(2) identify the number of additional personnel already
hired as of the date on which the report is submitted and their
locations and the timeline for employing the remaining required
personnel; and
(3) estimate the cost of employing the additional
personnel.
SEC. 2818. INSPECTOR GENERAL REVIEW OF DEPARTMENT OF DEFENSE OVERSIGHT
OF PRIVATIZED MILITARY HOUSING.
Not later than one year after the date of the enactment of this
Act, and annually thereafter until 2022, the Inspector General of the
Department of Defense shall--
(1) conduct a review at not less than 15 randomly selected
military installations of the oversight by the Secretary of
Defense of privatized military housing at such installations;
and
(2) make publicly available on a website of the Department
a summary of the results of such review.
SEC. 2819. DEPARTMENT OF DEFENSE INSPECTION AUTHORITY REGARDING
PRIVATIZED MILITARY HOUSING.
(a) Inspection Authority.--Section 2885 of title 10, United States
Code, is amended by adding at the end the following new subsection:
``(g) Post-construction Access and Inspection Authority.--
``(1) Requirement.--The Secretary concerned shall retain
the authority after the completion of a military housing
privatization project to access and inspect any military
housing unit, ancillary supporting facility, or common area
acquired, constructed, or renovated as part of the project in
order to protect the health and safety of members of the armed
forces and their dependents who occupy the privatized military
housing units.
``(2) Notice and right of refusal of access and
inspection.--The Secretary concerned shall ensure that the
individuals who lease or are assigned a military housing unit--
``(A) are provided not less than 48 hours notice
prior to the Secretary concerned accessing and
inspecting the unit as authorized under paragraph (1);
and
``(B) have the right to refuse the Secretary
concerned such access.''.
(b) Retroactive Application of Amendment.--Subsection (g) of
section 2885 of title 10, United States Code, as added by subsection
(a), shall apply to each military housing privatization project
completed prior to the date of the enactment of this Act, and to each
such project completed on or after such date.
SEC. 2820. IMPROVEMENT OF PRIVATIZED MILITARY HOUSING.
(a) Complaint Database and Financial Transparency.--
(1) In general.--Subchapter IV of chapter 169 of title 10,
United States Code, is amended by adding at the end the
following new sections:
``Sec. 2887. Complaint database
``(a) Database Required.--The Secretary of Defense shall establish
a database that is available to the public of complaints relating to
housing units under this subchapter.
``(b) Filing of Complaints.--The Secretary shall ensure that a
tenant of a housing unit under this subchapter may file a complaint
relating to such housing unit for inclusion in the database under
subsection (a).
``(c) Response by Landlord.--(1) The Secretary shall include in any
contract with a landlord responsible for a housing unit under this
subchapter a requirement that the landlord respond to any complaints
included in the database under subsection (a) that relate to the
housing unit.
``(2) Any response under paragraph (1) shall be included in the
database under subsection (a).
``Sec. 2888. Financial transparency
``(a) Audits of Agreements With Partners.--(1) Not less frequently
than annually, the Comptroller General of the United States, in
accordance with best audit practices, shall randomly select one small,
medium, and large military installation participating in the Military
Privatized Housing Initiative for the purposes of conducting a full
financial audit of the privatized housing project or projects at each
installation. The results of audits conducted under this section shall
be provided to the Secretary of Defense and the Committees on Armed
Services of the Senate and the House of Representatives.
``(2) Audits conducted under paragraph (1) shall include an
analysis, at a minimum, of the following:
``(A) Base management fees for managing the housing units.
``(B) Incentive fees relating to the housing units,
including details on the following:
``(i) Metrics upon which such incentive fees are
paid.
``(ii) Whether incentive fees were paid in full or
withheld in part or in full during the year covered by
the publication, and if so, why.
``(C) Asset management fees relating to the housing units.
``(D) Preferred return fees relating to the housing units.
``(E) Any deferred fees or other fees relating to the
housing units.
``(F) Residual cash flow distributions relating to the
housing units.
``(G) Provider's financial relationship with and use of
subsidiaries and third parties to manage/implement housing
agreements.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter IV of chapter 169 of title 10, United
States Code, is amended by inserting after the item relating to
section 2886 the following new items:
``2887. Complaint database.
``2888. Financial transparency.''.
(b) Annual Reports on Privatized Military Housing.--Section 2884 of
title 10, United States Code, is amended by adding at the end the
following new subsection:
``(d) Annual Report on Housing.--(1) Not less frequently than
annually, the Secretary of Defense shall submit to the congressional
defense committees and publish on a publicly available website of the
Department of Defense a report on housing units under this subchapter,
disaggregated by military installation.
``(2) Each report submitted under paragraph (1) shall include the
following:
``(A) An assessment of the condition of housing units under
this subchapter based on the average age of those units and the
estimated time until recapitalization.
``(B) An analysis of complaints of tenants of such housing
units.
``(C) An assessment of maintenance response times and
completion of maintenance requests relating to such housing
units.
``(D) An assessment of dispute resolution relating to such
housing units, which must include an analysis of all denied
tenant requests to withhold rent payments, or where the dispute
resolution process resulted in a favorable outcome for the
housing provider.
``(E) An assessment of overall customer service for tenants
of such housing units.
``(F) A description of the results of any no-notice housing
inspections conducted for such housing units.
``(G) The results of any resident surveys conducted with
respect to such housing units.''.
SEC. 2821. INSTALLATION OF CARBON MONOXIDE DETECTORS IN MILITARY FAMILY
HOUSING.
Section 2821 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(e) The Secretary concerned shall provide for the installation
and maintenance of an appropriate number of carbon monoxide detectors
in each unit of military family housing under the jurisdiction of the
Secretary.''.
SEC. 2822. LEAD-BASED PAINT TESTING AND REPORTING.
(a) Establishment of Department of Defense Policy on Lead Testing
on Military Installations.--
(1) In general.--Not later than February 1, 2020, the
Secretary of Defense shall establish a policy under which--
(A) a qualified individual may access a military
installation for the purpose of conducting lead testing
on the installation, subject to the approval of the
Secretary; and
(B) the results of any lead testing conducted on a
military installation shall be transmitted--
(i) in the case of a military installation
located inside the United States, to--
(I) the civil engineer of the
installation;
(II) the housing management office
of the installation;
(III) the public health
organization on the installation;
(IV) the major subordinate command
of the Armed Force with jurisdiction
over the installation; and
(V) if required by law, any
relevant Federal, State, and local
agencies; and
(ii) in the case of a military installation
located outside the United States, to the civil
engineer or commander of the installation who
shall transmit those results to the major
subordinate command of the Armed Force with
jurisdiction over the installation.
(2) Definitions.--In this subsection:
(A) United states.--The term ``United States'' has
the meaning given such term in section 101(a)(1) of
title 10, United States Code.
(B) Qualified individual.--The term ``qualified
individual'' means an individual who is certified by
the Environmental Protection Agency or by a State as--
(i) a lead-based paint inspector; or
(ii) a lead-based paint risk assessor.
(b) Annual Reporting on Lead-based Paint in Military Housing.--
(1) In general.--Subchapter III of chapter 169 of title 10,
United States Code, is amended by adding at the end the
following new section:
``SEC. 2869A. ANNUAL REPORTING ON LEAD-BASED PAINT IN MILITARY HOUSING.
``(a) Annual Reports.--
``(1) In general.--Not later than February 1 of each year,
the Secretary of Defense shall submit to the congressional
defense committees a report that sets forth, with respect to
military housing under the jurisdiction of each Secretary of a
military department for the calendar year preceding the year in
which the report is submitted, the following:
``(A) A certification that indicates whether the
military housing under the jurisdiction of the
Secretary concerned is in compliance with the
requirements respecting lead-based paint, lead-based
paint activities, and lead-based paint hazards
described in section 408 of the Toxic Substances
Control Act (15 U.S.C. 2688).
``(B) A detailed summary of the data, disaggregated
by military department, used in making the
certification under subparagraph (A).
``(C) The total number of military housing units
under the jurisdiction of the Secretary concerned that
were inspected for lead-based paint in accordance with
the requirements described in subparagraph (A).
``(D) The total number of military housing units
under the jurisdiction of the Secretary concerned that
were not inspected for lead-based paint.
``(E) The total number of military housing units
that were found to contain lead-based paint in the
course of the inspections described in subparagraph
(C).
``(F) A description of any abatement efforts with
respect to lead-based paint conducted regarding the
military housing units described in subparagraph (E).
``(2) Publication.--The Secretary of Defense shall publish
each report submitted under paragraph (1) on a publicly
available website of the Department of Defense.
``(b) Military Housing Defined.--In this section, the term
`military housing' includes military family housing and military
unaccompanied housing (as such term is defined in section 2871 of this
title).''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``2869a. Annual reporting on lead-based paint in military housing''.
SEC. 2823. PILOT PROGRAM TO BUILD AND MONITOR USE OF SINGLE FAMILY
HOMES.
(a) In General.--The Secretary of the Army shall carry out a pilot
program to build and monitor the use of not fewer than 5 single family
homes for members of the Army and their families.
(b) Location.--The Secretary of the Army shall carry out the pilot
program at no less than two installations of the Army located in
different climate regions of the United States as determined by the
Secretary.
(c) Design.--In building homes under the pilot program, the
Secretary of the Army shall use the All-American Abode design from the
suburban single-family division design by the United States Military
Academy.
(d) Funding Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be appropriated
in section 2103 for Army military construction, as specified in the
corresponding funding table in section 4601, for Military Construction,
FH Con Army Family Housing P&D, is hereby increased by $5,000,000, with
the amount of such increase to be made available to carry out the pilot
program.
(e) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated in
section 201 for research, development, test, and evaluation, as
specified in the corresponding funding table in section 4201, for Air
Force, Line 088, Program Element 0604933F, ICBM FUZE MODERNIZATION, is
hereby reduced by $5,000,000.
SEC. 2824. INVESTIGATION OF REPORTS OF REPRISALS RELATING TO PRIVATIZED
MILITARY HOUSING AND TREATMENT AS MATERIAL BREACH.
Section 2885 of title 10, United States Code, is amended by
inserting after subsection (g), as added by section 2819, the following
new subsection:
``(h) Investigation of Reports of Reprisals; Treatment as Material
Breach.--(1) The Assistant Secretary of Defense for Sustainment shall
investigate all reports of reprisal against a member of the armed
forces for reporting an issue relating to a housing unit under this
subchapter.
``(2) If the Assistant Secretary of Defense for Sustainment
determines under paragraph (1) that a landlord has retaliated against a
member of the armed forces for reporting an issue relating to a housing
unit under this subchapter, the Assistant Secretary shall--
``(A) provide initial notice to the Committees on Armed
Services of the Senate and the House of Representatives as soon
as practicable; and
``(B) following the initial notice under subparagraph (A),
provide an update to such committees every 30 days thereafter
until such time as the Assistant Secretary has taken final
action with respect to the retaliation.
``(3) The Assistant Secretary of Defense for Sustainment shall
carry out this subsection in coordination with the Secretary of the
military department concerned.''.
Subtitle C--Real Property and Facilities Administration
SEC. 2831. IMPROVED ENERGY SECURITY FOR MAIN OPERATING BASES IN EUROPE.
(a) Prohibition on Use of Certain Energy Source.--The Secretary of
Defense shall ensure that each contract for the acquisition of
furnished energy for a covered military installation in Europe does not
use any energy sourced from inside the Russian Federation as a means of
generating the furnished energy for the covered military installation.
(b) Waiver for National Security Interests.--
(1) Waiver authority; certification.--The Secretary of
Defense may waive application of subsection (a) to a specific
contract for the acquisition of furnished energy for a covered
military installation if the Secretary certifies to the
congressional defense committees that--
(A) the waiver of such subsection is necessary to
ensure an adequate supply of furnished energy for the
covered military installation; and
(B) the Secretary has balanced these national
security requirements against the potential risk
associated with reliance upon the Russian Federation
for furnished energy.
(2) Submission of waiver notice.--Not later than 14 days
before the execution of any energy contract for which a waiver
is granted under paragraph (1), the Secretary of Defense shall
submit to the congressional defense committees notice of the
waiver. The waiver notice shall include the following:
(A) The rationale for the waiver, including the
basis for the certifications required by subparagraphs
(A) and (B) of paragraph (1).
(B) An assessment of how the waiver may impact the
European energy resiliency strategy.
(C) An explanation of the measures the Department
of Defense is taking to mitigate the risk of using
Russian Federation furnished energy.
(c) Definitions.--In this section:
(1) The term ``covered military installation'' means a
military installation in Europe identified by the Department of
Defense as a main operating base.
(2) The term ``furnished energy'' means energy furnished to
a covered military installation in any form and for any
purpose, including heating, cooling, and electricity.
(d) Conforming Repeal.--Section 2811 of the Military Construction
Authorization Act for Fiscal Year 2019 (division B of Public Law 115-
232; 132 Stat. 2266) is repealed.
SEC. 2832. ACCESS TO DEPARTMENT OF DEFENSE FACILITIES FOR CREDENTIALED
TRANSPORTATION WORKERS.
Section 1050 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 113 note) is amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) Access to Facilities for Credentialed Transportation
Workers.--The Secretary of Defense, to the extent practicable--
``(1) shall ensure that the Transportation Worker
Identification Credential is accepted as a valid credential for
unescorted access to a work site at a maritime terminal of the
Department of Defense; and
``(2) may provide that the Transportation Worker
Identification Credential be accepted as a valid credential for
unescorted access to Department of Defense facilities other
than those specified in paragraph (1).''; and
(2) in the section heading, by striking ``installations''
and inserting ``facilities''.
SEC. 2833. REPORT ON ENCROACHMENT CHALLENGES ON MILITARY INSTALLATIONS
POSED BY NON-MILITARY AIRCRAFT.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Assistant Secretary of Defense for
Sustainment shall submit to the congressional defense committees a
report describing--
(1) the encroachment challenges and security risks posed by
non-military aircraft overflying military installations inside
the United States, to include operational impacts, installation
and personnel security, and intelligence concerns, and
(2) practicable strategies and recommendations for
mitigation of any such challenges and risks, to include--
(A) increased military regulatory authority; and
(B) distinctions, if any, among government/first
responder, commercial, civil and recreational aviation.
(b) Exclusion of Drone Aircraft.--In this section, the term
``aircraft'' does not include unmanned aerial vehicles known as drones,
whether used for military or non-military purposes, except that the
Assistant Secretary of Defense for Sustainment may make reference in
the report required by subsection (a) to the use of such unmanned
aerial vehicles if the Secretary considers reference to such use
relevant to the subject of the report.
SEC. 2834. REPORT ON CAPACITY OF DEPARTMENT OF DEFENSE TO PROVIDE
SURVIVORS OF NATURAL DISASTERS WITH EMERGENCY SHORT-TERM
HOUSING.
Not later than 220 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report analyzing the capacity of the Department of Defense
to provide survivors of natural disasters with emergency short-term
housing.
SEC. 2835. IMPROVED RECORDING AND MAINTAINING OF DEPARTMENT OF DEFENSE
REAL PROPERTY DATA.
(a) Initial Report.--Not later than 150 days after the date of the
enactment of this Act, the Undersecretary of Defense for Acquisition
and Sustainment shall submit to Congress a report evaluating service-
level best practices for recording and maintaining real property data.
(b) Issuance of Guidance.--Not later than 300 days after the date
of the enactment of this Act, the Undersecretary of Defense for
Acquisition and Sustainment shall issue service-wide guidance on the
recording and collection of real property data based on the best
practices described in the report.
SEC. 2836. CONTINUED DEPARTMENT OF DEFENSE USE OF HEATING, VENTILATION,
AND AIR CONDITIONING SYSTEMS UTILIZING VARIABLE
REFRIGERANT FLOW.
Notwithstanding any provision of law to the contrary, the
Department of Defense may continue to consider and select heating,
ventilation, and air conditioning systems that utilize variable
refrigerant flow as an option for use in Department of Defense
facilities.
SEC. 2837. REPORT ON DEPARTMENT OF DEFENSE USE OF INTERGOVERNMENTAL
SUPPORT AGREEMENTS.
(a) Plan Required.--Not later than July 31, 2020, the Secretary of
Defense shall submit to the Committees on Armed Service of the Senate
and the House of Representatives a report containing a plan to improve
the collection and monitoring of information regarding the
consideration and use of intergovernmental support agreements, as
authorized by section 2679 of title 10, United States Code, including
information regarding the financial and nonfinancial benefits derived
from the use of such agreements.
(b) Additional Plan Elements.--The plan required by subsection (a)
also shall include the following:
(1) A timeline for implementation of the plan.
(2) A education and outreach component for installation
commanders to improve understanding of the benefits of
intergovernmental support agreements and to encourage greater
use of such agreements.
(3) Proposals to standardize across all military
departments the approval process for intergovernmental support
agreements.
(4) Proposals to achieve efficiencies in intergovernmental
support agreements based on inherent intergovernmental trust.
(5) Proposals for the development of criteria to evaluate
the effectiveness of intergovernmental support agreements
separate from Federal Acquisition Regulations.
Subtitle D--Land Conveyances
SEC. 2841. LAND CONVEYANCE, HILL AIR FORCE BASE, UTAH.
(a) Conveyance Authorized.--The Secretary of the Air Force may
convey, without consideration, to the State of Utah or a designee of
the State of Utah (in this section referred to as the ``State'') all
right, title, and interest of the United States in and to a parcel of
real property, including improvements thereon, consisting of
approximately 35 acres located at Hill Air Force Base (commonly known
as the Defense Nontactical Generator and Rail Center), and such real
property adjacent to the Center as the parties consider to be
appropriate, for the purpose of permitting the State to construct a new
interchange for Interstate 15.
(b) Condition of Conveyance.--As a condition on the conveyance
authorized by subsection (a), the State shall agree to the following:
(1) That, not later than two years after the date of the
conveyance of the property under such subsection, the State, at
no cost to the United States, shall--
(A) demolish all improvements, and infrastructure
associated with the improvements, in existence on the
property as of the date of the conveyance; and
(B) subject to subsection (c), complete all
environmental cleanup and remediation activities as may
be required for the planned redevelopment and use of
the property.
(2) That, as part of the construction of the new Interstate
15 interchange referred to in subsection (a), the State, at no
cost to the United States, shall construct on the property a
new gate for Hill Air Force Base in compliance with such
construction, security, and other requirements as the Secretary
of the Air Force considers to be necessary.
(3) That the State shall coordinate any demolition,
cleanup, remediation, design, redevelopment, and construction
activities performed pursuant to the conveyance of property
under subsection (a) with the Secretary and the Utah Department
of Transportation.
(c) Environmental Obligations.--The State shall not have any
obligation in relation to any environmental conditions on the property
to be conveyed under subsection (a) unless--
(1) the conditions were in existence and known before the
date of the conveyance of the property; and
(2) the State agrees to address the conditions under
subsection (b)(1)(B).
(d) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Air Force shall
require the State to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for such costs
incurred, to carry out the conveyance under subsection (a),
including survey costs, costs for environmental documentation,
and other administrative costs related to the conveyance. If
amounts collected are in advance of the Secretary incurring
actual costs, and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the conveyance,
the Secretary shall refund the excess amount.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the
Secretary to carry out the conveyance under subsection (a)
shall be credited to the fund or account that was used to cover
the costs incurred by the Secretary in carrying out the
conveyance, or to an appropriate fund or account currently
available to the Secretary for the purposes for which the costs
were paid. Amounts so credited shall be merged with amounts in
such fund or account and shall be available for the same
purposes, and subject to the same conditions and limitations,
as amounts in such fund or account.
(e) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary of the Air
Force.
(f) Additional Terms and Conditions.--The Secretary of the Air
Force may require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
SEC. 2842. RELEASE OF CONDITIONS AND REVERSIONARY INTEREST, CAMP JOSEPH
T. ROBINSON, ARKANSAS.
(a) Release of Conditions and Retained Interests.--With respect to
a parcel of real property at Camp Joseph T. Robinson, Arkansas,
consisting of approximately 141.52 acres and conveyed by the United
States to the State of Arkansas pursuant to the Act entitled ``An Act
authorizing the transfer of part of Camp Joseph T. Robinson to the
State of Arkansas'', approved June 30, 1950 (64 Stat. 311, chapter
429), the Secretary of the Army may release, without consideration, the
terms and conditions imposed by the United States and the reversionary
interest retained by the United States under section 2 of such Act and
the right to reenter and use the property retained by the United States
under section 3 of such Act.
(b) Condition of Release.--As a condition of the release of terms
and conditions and retained interests under subsection (a) and subject
to subsection (c), the State of Arkansas shall agree to convey, without
consideration, the parcel of real property described in subsection (a)
to the Arkansas Department of Veterans Affairs for the purpose of
expanding the Arkansas State Veterans Cemetery in North Little Rock,
Arkansas.
(c) New Reversionary Interest.--The conveyance required by
subsection (b) of the real property described in subsection (a) shall
include a reversionary interest to protect the interests of the United
States. Under the terms of such reversionary interest, if the Secretary
of the Army determines at any time that the real property conveyed
pursuant to subsection (b) is not being used in accordance with the
purpose of the conveyance specified in such subsection, all right,
title, and interest in and to the real property, including any
improvements thereto, shall, at the option of the Secretary, revert to
and become the property of the United States, and the United States
shall have the right of immediate entry onto the real property. A
determination by the Secretary under this subsection shall be made on
the record after an opportunity for a hearing.
(d) Instrument of Release and Description of Property.--The
Secretary of the Army may execute and file in the appropriate office a
deed of release, amended deed, or other appropriate instrument
reflecting the release of terms and conditions and retained interests
under subsection (a). The exact acreage and legal description of the
property described in this section shall be determined by a survey
satisfactory to the Secretary of the Army.
(e) Payment of Administrative Costs.--
(1) Payment required.--The Secretary of the Army may
require the State of Arkansas to cover costs to be incurred by
the Secretary, or to reimburse the Secretary for costs incurred
by the Secretary, to carry out the release of terms and
conditions and retained interests under subsection (a),
including survey costs, costs related to environmental
documentation, and other administrative costs related to the
release. If amounts paid to the Secretary in advance exceed the
costs actually incurred by the Secretary to carry out the
release, the Secretary shall refund the excess amount to the
State.
(2) Treatment of amounts received.--Amounts received under
subsection (a) as reimbursement for costs incurred by the
Secretary to carry out the release of terms and conditions and
retained interests under subsection (a) shall be credited to
the fund or account that was used to cover the costs incurred
by the Secretary in carrying out the release. Amounts so
credited shall be merged with amounts in such fund or account
and shall be available for the same purposes, and subject to
the same conditions and limitations, as amounts in such fund or
account.
(f) Additional Terms and Conditions.--The Secretary of the Army may
require such additional terms and conditions in connection with the
release of terms and conditions and retained interests under subsection
(a) as the Secretary considers appropriate to protect the interests of
the United States.
SEC. 2843. MODIFICATION OF AUTHORIZED USES OF CERTAIN PROPERTY CONVEYED
BY THE UNITED STATES IN LOS ANGELES, CALIFORNIA.
(a) In General.--Section 2 of Public Law 85-236 (71 Stat. 517) is
amended in the first sentence by inserting after ``for other military
purposes'' the following: ``and for purposes of meeting the needs of
the homeless (as that term is defined in section 103 of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11302))''.
(b) Modification of Use.--
(1) Application.--The State of California shall submit to
the Administrator of General Services an application for use of
the property conveyed by section 2 of Public Law 85-236 for
purposes of meeting the needs of the homeless in accordance
with the amendment made by subsection (a).
(2) Review of application.--Not later than 60 days after
the date of receipt of an application pursuant to paragraph
(1), the Administrator and the Secretary of Health and Human
Services shall jointly determine whether the use of the
property described in the application is a use for purposes of
meeting the needs of the homeless.
(3) Modification of instrument of conveyance.--If the
Administrator and the Secretary jointly determine that the use
of the property described in the application is for purposes of
meeting the needs of the homeless, the Administrator shall
execute and record in the appropriate office an instrument of
modification of the deed of conveyance executed pursuant to
Public Law 85-236 in order to authorize such use of the
property. The instrument shall include such additional terms
and conditions as the Administrator considers appropriate to
protect the interests of the United States.
(4) Compatibility with military purposes.--Before executing
any instrument of modification of the deed of conveyance, the
Administrator and the Secretary shall request a review by the
Chief of the National Guard Bureau, in consultation with the
Secretary of the Army, to ensure that any modification of the
use of the property described in the application is compatible
with the training of members of the National Guard and other
military purposes.
Subtitle E--Military Land Withdrawals
SEC. 2851. PUBLIC NOTICE REGARDING UPCOMING PERIODS OF SECRETARY OF THE
NAVY MANAGEMENT OF SHARED USE AREA OF THE JOHNSON VALLEY
OFF-HIGHWAY VEHICLE RECREATION AREA.
(a) Public Notice Required.--Section 2942(b)(2) of the Military
Land Withdrawals Act of 2013 (title XXIX of Public Law 113-66; 127
Stat. 1036) is amended by adding at the end the following new
subparagraph:
``(D) Public notice.--Not later than one year
before the date on which a 30-day period of Secretary
of the Navy management of the Shared Use Area will
start, the Secretary of the Navy, acting through the
Resource Management Group established pursuant to
section 2944, shall notify the public of the start date
and the intention of the Armed Forces to use the Shared
Use Area for military training purposes. The Secretary
of the Navy, upon notice to the Secretary of the
Interior, may waive such public notice in the event of
an emergent military training requirement.''.
(b) Application of Amendment.--Subparagraph (D) of section
2942(b)(2) of the Military Land Withdrawals Act of 2013 (title XXIX of
Public Law 113-66; 127 Stat. 1036), as added by subsection (a), shall
apply to periods of Secretary of the Navy management of the Shared Use
Area of the Johnson Valley Off-Highway Vehicle Recreation Area under
such section that start on or after January 1, 2021.
Subtitle F--White Sands National Park and White Sands Missile Range
SEC. 2861. SHORT TITLE.
This subtitle may be cited as the ``White Sands National Park
Establishment Act''.
SEC. 2862. DEFINITIONS.
In this subtitle:
(1) Map.--The term ``Map'' means the map entitled ``White
Sands National Park Proposed Boundary Revision & Transfer of
Lands Between National Park Service & Department of the Army'',
numbered 142/136,271, and dated February 14, 2017.
(2) Military munitions.--The term ``military munitions''
has the meaning given the term in section 101(e) of title 10,
United States Code.
(3) Missile range.--The term ``Missile Range'' means the
White Sands Missile Range, New Mexico, administered by the
Secretary of the Army.
(4) Monument.--The term ``Monument'' means the White Sands
National Monument, New Mexico, established by Presidential
Proclamation No. 2025 (54 U.S.C. 320301 note), dated January
18, 1933, and administered by the Secretary of the Interior.
(5) Munitions debris.--The term ``munitions debris'' has
the meaning given the term in volume 8 of the Department of
Defense Manual Number 6055.09-M entitled ``DoD Ammunitions and
Explosives Safety Standards'' and dated February 29, 2008 (as
in effect on the date of enactment of this Act).
(6) National park.--The term ``National Park'' means the
White Sands National Park established by this subtitle.
(7) Public land order.--The term ``Public Land Order''
means Public Land Order 833, dated May 21, 1952 (17 Fed. Reg.
4822).
SEC. 2863. FINDINGS.
Congress finds the following:
(1) White Sands National Monument was established on
January 18, 1933, by President Herbert Hoover pursuant to the
Antiquities Act of 1906 (now chapter 3203 of title 54, United
States Code).
(2) President Hoover proclaimed that the Monument was
established ``for the preservation of the white sands and
additional features of scenic, scientific, and educational
interest''.
(3) The Monument was expanded by Presidents Roosevelt,
Eisenhower, Carter, and Clinton in 1934, 1942, 1953, 1978, and
1996, respectively.
(4) The Monument contains a substantially more diverse set
of nationally significant historical, archaeological,
scientific, and natural resources than were known of at the
time the Monument was established, including a number of recent
discoveries.
(5) The Monument is recognized as a major unit of the
National Park System with extraordinary values enjoyed by more
visitors each year since 1995 than any other unit in the State
of New Mexico.
(6) The Monument contributes significantly to the local
economy by attracting tourists.
(7) Designation of the Monument as a national park would
increase public recognition of the diverse array of nationally
significant resources at the Monument and visitation to the
unit.
SEC. 2864. ESTABLISHMENT OF WHITE SANDS NATIONAL PARK IN THE STATE OF
NEW MEXICO.
(a) Establishment.--To protect, preserve, and restore its scenic,
scientific, educational, natural, geological, historical, cultural,
archaeological, paleontological, hydrological, fish, wildlife, and
recreational values and to enhance visitor experiences, there is
established the White Sands National Park as a unit of the National
Park System.
(b) Abolishment of White Sands National Monument.--
(1) Abolishment.--Due to the establishment of the National
Park, the Monument is abolished.
(2) Incorporation.--The land and interests in land that
comprise the Monument are incorporated in, and shall be
considered to be part of, the National Park.
(c) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to White Sands National
Monument shall be considered to be a reference to White Sands National
Park.
(d) Availability of Funds.--Any funds available for the Monument
shall be available for the National Park.
(e) Administration.--The Secretary of the Interior shall administer
the National Park in accordance with--
(1) this subtitle; and
(2) the laws generally applicable to units of the National
Park System, including section 100101(a), chapter 1003,
sections 100751(a), 100752, 100753, and 102101, and chapter
3201 of title 54, United States Code.
(f) Effect.--Nothing in this section affects--
(1) valid existing rights (including water rights);
(2) permits or contracts issued by the Monument;
(3) existing agreements, including agreements with the
Department of Defense;
(4) the jurisdiction of the Department of Defense regarding
the restricted airspace above the National Park; or
(5) the airshed classification of the National Park under
the Clean Air Act (42 U.S.C. 7401 et seq.).
SEC. 2865. TRANSFERS OF ADMINISTRATIVE JURISDICTION RELATED TO THE
NATIONAL PARK AND WHITE SANDS MISSILE RANGE.
(a) Transfer of Administrative Jurisdiction to the Secretary of the
Interior.--
(1) In general.--Administrative jurisdiction over the land
described in paragraph (2) is transferred from the Secretary of
the Army to the Secretary of the Interior.
(2) Description of land.--The land referred to in paragraph
(1) consists of the following:
(A) The approximately 2,826 acres of land
identified as ``To NPS, lands inside current boundary''
on the Map.
(B) The approximately 5,766 acres of land
identified as ``To NPS, new additions'' on the Map.
(b) Transfer of Administrative Jurisdiction to the Secretary of the
Army.--
(1) In general.--Administrative jurisdiction over the land
described in paragraph (2) is transferred from the Secretary of
the Interior to the Secretary of the Army.
(2) Description of land.--The land referred to in paragraph
(1) consists of the approximately 3,737 acres of land
identified as ``To DOA'' on the Map.
(c) Administration.--
(1) National park.--The Secretary of the Interior shall
administer the land transferred under subsection (a) in
accordance with laws (including regulations) applicable to the
National Park.
(2) Missile range.--Subject to subsection (d), the
Secretary of the Army shall administer the land transferred to
the Secretary of the Army under subsection (b) as part of the
Missile Range.
(d) Infrastructure; Resource Management.--
(1) Range road 7.--
(A) Infrastructure management.--To the maximum
extent practicable, in planning, constructing, and
managing infrastructure on the land described in
subparagraph (C), the Secretary of the Army shall apply
low-impact development techniques and strategies to
prevent impacts within the Missile Range and the
National Park from stormwater runoff from the land
described in that subparagraph.
(B) Resource management.--The Secretary of the Army
shall--
(i) manage the land described in
subparagraph (C) in a manner consistent with
the protection of natural and cultural
resources within the Missile Range and the
National Park and in accordance with section
101(a)(1)(B) of the Sikes Act (16 U.S.C.
670a(a)(1)(B)), division A of subtitle III of
title 54, United States Code, and the Native
American Graves Protection and Repatriation Act
(25 U.S.C. 3001 et seq.); and
(ii) include the land described in
subparagraph (C) in the integrated natural and
cultural resource management plan for the
Missile Range.
(C) Description of land.--The land referred to in
subparagraphs (A) and (B) is the land that is
transferred to the administrative jurisdiction of the
Secretary of the Army under subsection (b) and located
in the area east of Range Road 7 in--
(i) T. 17 S., R. 5 E., sec. 31;
(ii) T. 18 S., R. 5 E.; and
(iii) T. 19 S., R. 5 E., sec. 5.
(2) Fence.--
(A) In general.--The Secretary of the Army shall
continue to allow the Secretary of the Interior to
maintain the fence shown on the Map until such time as
the Secretary of the Interior determines that the fence
is unnecessary for the management of the National Park.
(B) Removal.--If the Secretary of the Interior
determines that the fence is unnecessary for the
management of the National Park under subparagraph (A),
the Secretary of the Interior shall promptly remove the
fence at the expense of the Department of the Interior.
(e) Research.--The Secretary of the Army and the Secretary of the
Interior may enter into an agreement to allow the Secretary of the
Interior to conduct certain research in the area identified as
``Cooperative Use Research Area'' on the Map.
(f) Military Munitions and Munitions Debris.--
(1) Response action.--With respect to any Federal
liability, the Secretary of the Army shall remain responsible
for any response action addressing military munitions or
munitions debris on the land transferred under subsection (a)
to the same extent as on the day before the date of enactment
of this Act.
(2) Investigation of military munitions and munitions
debris.--
(A) In general.--The Secretary of the Interior may
request that the Secretary of the Army conduct one or
more investigations of military munitions or munitions
debris on any land transferred under subsection (a).
(B) Access.--The Secretary of the Interior shall
give access to the Secretary of the Army to the land
covered by a request under subparagraph (A) for the
purposes of conducting an investigation under that
subparagraph.
(C) Limitation.--An investigation conducted under
this paragraph shall be subject to available
appropriations.
(3) Applicable law.--Any activities undertaken under this
subsection shall be carried out in accordance with--
(A) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.);
(B) the purposes for which the National Park was
established; and
(C) any other applicable law.
SEC. 2866. BOUNDARY MODIFICATIONS RELATED TO THE NATIONAL PARK AND
MISSILE RANGE.
(a) National Park.--
(1) In general.--The boundary of the National Park is
revised to reflect the boundary depicted on the Map.
(2) Map.--
(A) In general.--The Secretary of the Interior, in
coordination with the Secretary of the Army, shall
prepare and keep on file for public inspection in the
appropriate office of the Secretary of the Interior a
map and a legal description of the revised boundary of
the National Park.
(B) Effect.--The map and legal description under
subparagraph (A) shall have the same force and effect
as if included in this Act, except that the Secretary
of the Interior may correct clerical and typographical
errors in the map and legal description.
(3) Boundary survey.--As soon as practicable after the date
of the establishment of the National Park and subject to the
availability of funds, the Secretary of the Interior shall
complete an official boundary survey of the National Park.
(b) Missile Range.--
(1) In general.--The boundary of the Missile Range and the
Public Land Order are modified to exclude the land transferred
to the Secretary of the Interior under subsection (a) of
section 2865 and to include the land transferred to the
Secretary of the Army under subsection (b) of such section.
(2) Map.--The Secretary of the Interior shall prepare a map
and legal description depicting the revised boundary of the
Missile Range.
(c) Conforming Amendment.--Section 2854 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 54 U.S.C.
320301 note), relating to the modification of boundaries of the
Monument and the Missile Range, is repealed.
Subtitle G--Other Matters
SEC. 2871. INSTALLATION AND MAINTENANCE OF FIRE EXTINGUISHERS IN
DEPARTMENT OF DEFENSE FACILITIES.
The Secretary of Defense shall ensure that portable fire
extinguishers are installed and maintained in all Department of Defense
facilities in accordance with requirements of national model fire codes
developed by the National Fire Protection Association and the
International Code Council that require redundancy and extinguishers
throughout occupancies regardless of the presence of other suppression
systems or alarm systems.
SEC. 2872. DEFINITION OF COMMUNITY INFRASTRUCTURE FOR PURPOSES OF
MILITARY BASE REUSE STUDIES AND COMMUNITY PLANNING
ASSISTANCE.
Paragraph (4) of section 2391(e) of title 10, United States Code,
is amended to read as follows:
``(4)(A) The term `community infrastructure' means a
project or facility described in subparagraph (B) that--
``(i) is located off of a military installation;
and
``(ii) is--
``(I) owned by a State or local government;
or
``(II) a not-for-profit, member owned
utility service.
``(B) A project or facility described in this subparagraph
is any of the following:
``(i) Any transportation project.
``(ii) A school, hospital, police, fire, emergency
response, or other community support facility.
``(iii) A water, waste-water, telecommunications,
electric, gas, or other utility infrastructure
project.''.
SEC. 2873. REPORT ON VULNERABILITIES FROM SEA LEVEL RISE TO CERTAIN
MILITARY INSTALLATIONS LOCATED OUTSIDE THE CONTINENTAL
UNITED STATES.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on vulnerabilities from sea level rise to
covered installations located outside of the continental United States.
(b) Contents.--For each covered installation, the report required
by subsection (a) shall include the following:
(1) An analysis of the impacts to the operations,
contingency plans, and readiness of such installation from a
sea level rise.
(2) A discussion of mitigation efforts, including dredging,
reclaiming land, and island building, that may be necessary due
to a sea level rise--
(A) to ensure the continued operational viability
of such installation; and
(B) to increase the resiliency of such
installation.
(3) The estimated costs of the efforts discussed under
paragraph (2).
(4) An identification of alternative locations for the
continuance of operations of such installation if such
installation is rendered inoperable.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
(d) Covered Installation Defined.--In this section, the term
``covered installation'' means the following military installations:
(1) Naval Support Facility Diego Garcia.
(2) Ronald Reagan Ballistic Missile Defense Test Site.
SEC. 2874. BLACK START EXERCISES AT JOINT BASES.
(a) Requirement.--Not later than September 30, 2020, the Secretary
of Defense shall conduct a black start exercise at three Joint Bases at
which such exercise has not previously been conducted, for the purpose
of identifying any shortcomings in infrastructure, joint operations,
joint coordination, and security that would result from a loss of power
at the site.
(b) Report.--Not later than June 1, 2020, the Secretary of Defense
shall submit to the congressional defense committees a report that
contains a discussion of lessons learned from black start exercises
conducted by the Secretary of Defense during the period beginning with
the first such exercise and ending on December 31, 2019, including the
three most recurring issues identified as a result of such exercises
with respect to infrastructure, joint coordination efforts, and
security.
(c) Black Start Exercise Defined.--In this section, the term
``black start exercise'' means, with respect to a military
installation, an exercise in which commercial utility power at the
installation is dropped before backup generation assets start, for the
purpose of--
(1) testing the ability of the backup systems to start,
transfer the load, and carry the load until commercial power is
restored;
(2) aligning stakeholders on critical energy requirements
to meet mission requirements;
(3) validating mission operation plans, such as continuity
of operations plans;
(4) identifying infrastructure interdependencies; and
(5) verifying backup electric power system performance.
SEC. 2875. REPORT ON PROJECTS AWAITING APPROVAL FROM THE REALTY
GOVERNANCE BOARD.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report
describing the projects that, as of the date of the report, are
awaiting approval from the Realty Governance Board. Such report shall
include--
(1) a list of projects awaiting evaluation for a Major Land
Acquisition Waiver; and
(2) an assessment of the impact a project described in
paragraph (1) would have on the security of physical assets and
personnel at the military installation requesting the Major
Land Acquisition Waiver.
SEC. 2876. SANTA YNEZ BAND OF CHUMASH INDIANS LAND AFFIRMATION.
(a) Short Title.--This section may be cited as the ``Santa Ynez
Band of Chumash Indians Land Affirmation Act of 2019''.
(b) Findings.--Congress finds the following:
(1) On October 13, 2017, the General Council of the Santa
Ynez Band of Chumash Indians voted to approve the Memorandum of
Agreement between the County of Santa Barbara and the Santa
Ynez Band of Chumash Indians regarding the approximately
1,427.28 acres of land, commonly known as Camp 4, and
authorized the Tribal Chairman to sign the Memorandum of
Agreement.
(2) On October 31, 2017, the Board of Supervisors for the
County of Santa Barbara approved the Memorandum of Agreement on
Camp 4 and authorized the Chair to sign the Memorandum of
Agreement.
(3) The Secretary of the Interior approved the Memorandum
of Agreement pursuant to section 2103 of the Revised Statutes
(25 U.S.C. 81).
(c) Land to Be Taken Into Trust.--
(1) In general.--The approximately l,427.28 acres of land
in Santa Barbara County, CA described in paragraph (3), is
hereby taken into trust for the benefit of the Tribe, subject
to valid existing rights, contracts, and management agreements
related to easements and rights-of-way.
(2) Administration.--
(A) Administration.--The land described in
paragraph (3) shall be a part of the Santa Ynez Indian
Reservation and administered in accordance with the
laws and regulations generally applicable to the land
held in trust by the United States for an Indian tribe.
(B) Effect.--For purposes of certain California
State laws (including the California Land Conservation
Act of 1965, Government Code Section 51200, et seq.),
placing the land described in paragraph (3) into trust
shall remove any restrictions on the property pursuant
to California Government Code Section 51295 or any
other provision of such Act.
(3) Legal description of lands transferred.--The lands to
be taken into trust for the benefit of the Tribe pursuant to
this Act are described as follows:
Legal Land Description/Site Location: Real property in the
unincorporated area of the County of Santa Barbara, State of
California, described as follows: PARCEL 1: (APN: 141-121-51
AND PORTION OF APN 141-140-10) LOTS 9 THROUGH 18, INCLUSIVE, OF
TRACT 18, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA,
AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE
LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THIS LEGAL IS
MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE
RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105580 OF
OFFICIAL RECORDS. PARCEL 2: (PORTION OF APN: 141-140-10) LOTS 1
THROUGH 12, INCLUSIVE, OF TRACT 24, IN THE COUNTY OF SANTA
BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE
SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO,
FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN
CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS
INSTRUMENT NO. 01-105581 OF OFFICIAL RECORDS. PARCEL 3:
(PORTIONS OF APNS: 141-230-23 AND 141-140-10) LOTS 19 AND 20 OF
TRACT 18 AND THAT PORTION OF LOTS 1, 2, 7, 8, 9, 10, AND 15
THROUGH 20, INCLUSIVE, OF TRACT 16, IN THE COUNTY OF SANTA
BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE
SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO,
FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, THAT LIES NORTHEASTERLY OF THE NORTHEASTERLY
LINE OF THE LAND GRANTED TO THE STATE OF CALIFORNIA BY AN
EXECUTOR'S DEED RECORDED APRIL 2, 1968 IN BOOK 2227, PAGE 136
OF OFFICIAL RECORDS OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT
TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5,
2001 AS INSTRUMENT NO. 01-105582 OF OFFICIAL RECORDS. PARCEL 4:
(APN: 141-240-02 AND PORTION OF APN: 141-140-10) LOTS 1 THROUGH
12, INCLUSIVE, OF TRACT 25, IN THE COUNTY OF SANTA BARBARA,
STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE
SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO,
FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN
CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS
INSTRUMENT NO. 01-105583 OF OFFICIAL RECORDS. PARCEL 5:
(PORTION OF APN: 141-230-23) THAT PORTION OF LOTS 3 AND 6 OF
TRACT 16, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA,
AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE
LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THAT LIES
NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE LAND GRANTED TO
THE STATE OF CALIFORNIA BY AN EXECUTOR'S DEED RECORDED APRIL 2,
1968 IN BOOK 2227, PAGE 136 OF OFFICIAL RECORDS OF SAID COUNTY.
THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF
COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-
105584 OF OFFICIAL RECORDS.
(4) Rules of construction.--Nothing in this section shall--
(A) enlarge, impair, or otherwise affect any right
or claim of the Tribe to any land or interest in land
that is in existence before the date of the enactment
of this Act;
(B) affect any water right of the Tribe in
existence before the date of the enactment of this Act;
or
(C) terminate or limit any access in any way to any
right-of-way or right-of-use issued, granted, or
permitted before the date of the enactment of this Act.
(5) Restricted use of transferred lands.--The Tribe may not
conduct, on the land described in paragraph (3) taken into
trust for the Tribe pursuant to this section, gaming
activities--
(A) as a matter of claimed inherent authority; or
(B) under any Federal law, including the Indian
Gaming Regulatory Act (25 U.S.C. 2701 et seq.) and
regulations promulgated by the Secretary or the
National Indian Gaming Commission under that Act.
(6) Definitions.--For the purposes of this subsection:
(A) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(B) Tribe.--The term ``Tribe'' means the Santa Ynez
Band of Chumash Mission Indians.
SEC. 2877. REPORT ON LEAD SERVICE LINES AT MILITARY INSTALLATIONS.
Not later than January 1, 2021, the Secretary of Defense shall
submit to the congressional defense committees a report that contains
the following:
(1) The number of military installations at which lead
service lines are connected to schools, childcare centers and
facilities, buildings, and other facilities of the installation
as the Secretary determines appropriate.
(2) The total number of members of the Armed Forces
affected by the presence of lead service lines at military
installations.
(3) Of the total number of members under paragraph (2), the
number of such members with dependents.
(4) Actions, if any, undertaken by the Secretary to inform
individuals affected by the presence of lead service lines at
military installations of such presence.
(5) Recommendations for legislative action relating to the
replacement of lead service lines at military installations.
SEC. 2878. RENAMING OF LEJEUNE HIGH SCHOOL IN HONOR OF CONGRESSMAN
WALTER B. JONES.
(a) Renaming.--The Lejeune High School at Camp Lejeune, North
Carolina, shall hereafter be known and designated as the ``Walter B.
Jones Camp Lejeune High School''.
(b) References.--Any reference in any law, map, regulation, map,
document, paper, other record of the United States to the facility
referred to in subsection (a) shall be considered to be a reference to
the Walter B. Jones Camp Lejeune High School.
SEC. 2879. OPERATION, MAINTENANCE, AND PRESERVATION OF MARE ISLAND
NAVAL CEMETERY, VALLEJO, CALIFORNIA.
(a) Authority to Assist Operation, Maintenance, and Preservation
Activities.--The Secretary of Defense may provide not more than
$250,000 per fiscal year to aid in the operation, maintenance, and
preservation of the Mare Island Naval Cemetery in Vallejo, California
(in this section referred to as the ``Cemetery'') if, within one year
after the date of the enactment of this Act--
(1) the city of Vallejo, California, enters into an
agreement with a nonprofit historical preservation organization
(in this section referred to as the ``organization'') to manage
the day-to-day operation, maintenance, and preservation
activities of the Cemetery; and
(2) the organization enters into a memorandum of agreement
with the Secretary that outlines the organization's plan and
commitment to preserve the Cemetery in perpetuity.
(b) Restriction on Use of Assistance.--Assistance provided under
subsection (a) shall only be used by the organization--
(1) for the direct operation, maintenance, and preservation
of the Cemetery; and
(2) to conduct an annual audit and prepare an annual report
of the organization's activities.
(c) Reduction in Assistance.--The Secretary of Defense may reduce
the amount of assistance provided under subsection (a) for a fiscal
year, or forgo the provision of assistance for a fiscal year, whenever
the Secretary determines that the organization has enough operational
funds to function for at least a two-year period.
(d) Annual Audit and Report.--As a condition of receiving
assistance under subsection (a), the organization shall submit to the
Secretary of Defense an annual report containing an audit of the
organization's financial revenues and expenditures for the previous
year and describing how funds were used.
(e) Other Fund-raising.--Nothing in this section shall be construed
to preclude the organization from raising additional funds to
supplement the organization's activities.
SEC. 2880. RESTRICTIONS ON REHABILITATION OF OVER-THE-HORIZON
BACKSCATTER RADAR SYSTEM RECEIVING STATION, MODOC COUNTY,
CALIFORNIA.
(a) Restrictions.--Except as provided in subsection (b), the
Secretary of the Air Force may not use any funds or resources of the
Department of the Air Force to carry out the rehabilitation of the
obsolete Over-the-Horizon Backscatter Radar System receiving station
located in Modoc National Forest in the State of California.
(b) Exception for Removal of Perimeter Fence.--Notwithstanding
subsection (a), the Secretary of the Air Force may use funds and
resources of the Department of the Air Force--
(1) to remove the perimeter fence, which was treated with
an arsenic-based weatherproof coating, surrounding the Over-
the-Horizon Backscatter Radar System receiving station referred
to in such subsection; and
(2) to carry out the mitigation of soil contamination
associated with such fence.
(c) Sunset.--The restrictions in subsection (a) shall terminate on
the date of the enactment of the National Defense Authorization Act for
Fiscal Year 2021.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Authorization.--Subject to subsection (b), the Secretary of the
Army may acquire real property and carry out the military construction
projects for the installations outside the United States, and in the
amounts, set forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Cuba............................................ Guantanamo Bay Naval Station............... $33,800,000
Unspecified Europe.............................. European Deterrence Initiative: Various $98,342,000
Locations.
----------------------------------------------------------------------------------------------------------------
(b) Report Required as Condition of Authorization.--Not later than
90 days after the date of the enactment of this Act, the Secretary of
the Army shall submit to the congressional defense committees a report
containing a plan to carry out each military construction project
authorized in the final item in the table in subsection (a) for an
unspecified location for the European Deterrence Initiative. The plan
shall include a Department of Defense Form 1391 for each proposed
project. The Secretary may not commence a project until the report has
been submitted.
SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Authorization.--Subject to subsection (b), the Secretary of the
Navy may acquire real property and carry out the military construction
projects for the installations outside the United States, and in the
amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Bahrain......................................... SW Asia.................................... $53,360,000
Italy........................................... Sigonella.................................. $77,400,000
Spain........................................... Rota....................................... $69,570,000
Unspecified Europe.............................. European Deterrence Initiative: Various $56,246,000
Locations.................................
----------------------------------------------------------------------------------------------------------------
(b) Report Required as Condition of Authorization.--Not later than
90 days after the date of the enactment of this Act, the Secretary of
the Navy shall submit to the congressional defense committees a report
containing a plan to carry out each military construction project
authorized in the final item in the table in subsection (a) for an
unspecified location for the European Deterrence Initiative. The plan
shall include a Department of Defense Form 1391 for each proposed
project. The Secretary may not commence a project until the report has
been submitted.
SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Authorization.--Subject to subsection (b), the Secretary of the
Air Force may acquire real property and carry out the military
construction projects for the installations outside the United States,
and in the amounts, set forth in the following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Iceland......................................... Keflavik................................... $57,000,000
Jordan.......................................... Azraq...................................... $66,000,000
Spain........................................... Moron...................................... $8,500,000
Unspecified Europe.............................. European Deterrence Initiative: Various.... $231,246,000
----------------------------------------------------------------------------------------------------------------
(b) Report Required as Condition of Authorization.--Not later than
90 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 containing a plan to carry out each military construction
project authorized in the final item in the table in subsection (a) for
an unspecified location for the European Deterrence Initiative. The
plan shall include a Department of Defense Form 1391 for each proposed
project. The Secretary may not commence a project until the report has
been submitted.
SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
The Secretary of Defense may acquire real property and carry out
the military construction project for the installation outside the
United States, and in the amount, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Germany......................................... Germersheim................................ $46,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2905. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2019, for the military construction
projects outside the United States authorized by this title as
specified in the funding table in section 4602.
TITLE XXX--AUTHORIZATION OF EMERGENCY MILITARY CONSTRUCTION
SEC. 3001. AUTHORIZATION OF EMERGENCY NAVY CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Navy Authorization.--Subject to subsection (c), pursuant to
section 2802 of title 10, United States Code, the following real
property acquisition and military construction projects, including
planning and design related to military construction projects, in the
following amounts, are authorized:
Navy Authorization
----------------------------------------------------------------------------------------------------------------
State or Location Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
North Carolina......................... Camp Lejeune.............. Various construction......... $967,210,000
Marine Corps Air Station Various Construction......... $175,456,000
Cherry Point.............
Unspecified Worldwide.................. Unspecified Worldwide Planning and Design.......... $68,282,000
Locations................
----------------------------------------------------------------------------------------------------------------
(b) Authorized Navy Construction Projects.--In addition to the
projects authorized under subsection (a) and subject to subsection (c),
pursuant to section 2802 of title 10, United States Code, the Secretary
of Defense may carry out military construction projects, including
planning and design related to military construction projects, at
facilities damaged by earthquakes or other natural disasters in 2019,
in the amount of $100,000,000.
(c) Report Required as a Condition of Authorization.--Not later
than 90 days after the date of the enactment of this Act, the Secretary
of Defense shall submit to the Committees on Armed Services of the
House of Representatives and the Senate a report containing a plan to
carry out the military construction projects authorized by this
section. The plan shall include an explanation of how each military
construction project will incorporate mitigation measures that reduce
the threat from natural disasters, including a list of any areas in
which there is a variance from the local building requirements and an
explanation of the reason for the variance. The plan shall also include
a Department of Defense Form 1391 for each proposed project. The
Secretary may not commence a project until the report required from the
Secretary has been submitted.
(d) Revision of Funding.--
(1) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 3001(b) for military construction
projects carried out under this section, as specified in the
corresponding funding table in section 4601, is hereby
increased by $100,000,000, to be available for the purpose
specified in subsection (b).
(2) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 2403 for Defense Agencies planning and
design at various worldwide locations, as specified in the
corresponding funding table in section 4601, is hereby reduced
by $40,000,000.
(3) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 2403 for Defense Agencies unspecified
minor construction at various worldwide locations, as specified
in the corresponding funding table in section 4601, is hereby
reduced by $10,000,000.
(4) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 2304 for Air Force planning and design
at various worldwide locations, as specified in the
corresponding funding table in section 4601, is hereby reduced
by $20,000,000.
(5) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 2103 for Army planning and design at
various worldwide locations, as specified in the corresponding
funding table in section 4601, is hereby reduced by
$20,000,000.
(6) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 2204 for Navy planning and design at
various worldwide locations, as specified in the corresponding
funding table in section 4601, is hereby reduced by
$10,000,000.
SEC. 3002. AUTHORIZATION OF EMERGENCY AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Air Force Authorization.--Subject to subsection (b), pursuant
to section 2802 of title 10, United States Code, the following real
property acquisition and military construction projects, in the
following amounts, are authorized:
Air Force Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Florida................................ Tyndall Air Force Base.... Various Construction......... $735,752,000
Nebraska............................... Offutt Air Force Base..... Various Construction......... $300,000,000
----------------------------------------------------------------------------------------------------------------
(b) Report Required as Condition of Authorization.--Not later than
90 days after the date of the enactment of this Act, the Secretary of
the Air Force shall submit to the Committees on Armed Services of the
House of Representatives and the Senate a report containing a plan to
carry out the military construction projects authorized by this
section. The plan shall include an explanation of how each military
construction project will incorporate mitigation measures that reduce
the threat from extreme weather events, mean sea level fluctuation,
flooding, and any other known environmental threat to resilience,
including a list of any areas in which there is a variance from the
local building requirements and an explanation of the reason for the
variance. The plan shall also include a Department of Defense Form 1391
for each proposed project. The Secretary may not commence a project
until the report required from the Secretary has been submitted.
SEC. 3003. AUTHORIZATION OF EMERGENCY ARMY NATIONAL GUARD AND ARMY
RESERVE CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Army National Guard Authorization.--Pursuant to section 2802 of
title 10, United States Code, the following real property acquisition
and military construction projects, in the following amounts, are
authorized:
Army National Guard Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Florida................................ Panama City............... National Guard Readiness $25,000,000
Center......................
North Carolina......................... Military Training Area General Purpose $25,000,000
Fort Fisher.............. Administrative Building.....
----------------------------------------------------------------------------------------------------------------
(b) Army Reserve Authorization.--Pursuant to section 2805 of title
10, United States Code, unspecified minor construction, in the amount
set forth in the following table, is authorized:
Army Reserve Authorization
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Unspecified Worldwide.................. Unspecified Worldwide Unspecified Minor $3,300,000
Locations................ Construction................
----------------------------------------------------------------------------------------------------------------
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.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2020 for
the activities of the National Nuclear Security Administration in
carrying out programs as specified in the funding table in section
4701.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out new plant projects for the National
Nuclear Security Administration as follows:
Project 15-D-301, High Explosive Science and Engineering
Facility, Pantex Plant, Amarillo, Texas, $123,000,000.
Project 15-D-611, Emergency Operations Center, Sandia
National Laboratories, Albuquerque, New Mexico, $4,000,000.
Project 15-D-612, Emergency Operations Center, Lawrence
Livermore National Laboratory, Livermore, California,
$5,000,000.
Project 18-D-150, Surplus Plutonium Disposition, Savannah
River Site, Aiken, South Carolina, $79,000,000.
Project 18-D-650, Tritium Finishing Facility, Savannah
River Site, Aiken, South Carolina, $27,000,000.
Project 19-D-670, 138k Power Transmission System
Replacement, Nevada National Security Site, Mercury, Nevada,
$6,000,000.
Project 20-D-931, KL Fuel Development Laboratory, Knolls
Atomic Power Laboratory, Schenectady, New York, $23,700,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2020 for defense environmental cleanup
activities in carrying out programs as specified in the funding table
in section 4701.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2020 for other defense activities in carrying
out programs as specified in the funding table in section 4701.
SEC. 3104. NUCLEAR ENERGY.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2020 for nuclear energy as specified in the
funding table in section 4701.
Subtitle B--Program Authorizations, Restrictions, Limitations, and
Other Matters
SEC. 3111. PERSONNEL LEVELS OF THE OFFICE OF THE ADMINISTRATOR FOR
NUCLEAR SECURITY.
(a) Personnel Levels.--
(1) Increase.--Subsection (a) of section 3241A of the
National Nuclear Security Administration Act (50 U.S.C. 2441a)
is amended by striking ``1,690'' both places it appears and
inserting ``1,890''.
(2) Technical amendments.--Such subsection is further
amended--
(A) in paragraph (1), by striking ``By October 1,
2015, the'' and inserting ``The''; and
(B) in paragraph (2), by striking ``2016'' and
inserting ``2020''.
(b) Reports on Service Support Contracts.--Subsection (f) of such
section is amended--
(1) in the matter preceding paragraph (1), by striking ``as
of the date of the report'' and inserting ``for the most recent
fiscal year for which data is available''; and
(2) by striking paragraph (5) and inserting the following
new paragraphs:
``(5) With respect to each contract identified under
paragraph (2)--
``(A) identification of each appropriations account
that supports the contract; and
``(B) the amount obligated under the contract
during the fiscal year, listed by each such account.
``(6) With respect to each appropriations account
identified under paragraph (5)(A), the total amount obligated
for contracts identified under paragraph (2).''.
SEC. 3112. OFFICE OF COST ESTIMATING AND PROGRAM EVALUATION.
(a) Sense of Congress.--It is the sense of Congress that Congress
is concerned that the staffing levels of the Office of Cost Estimating
and Program Evaluation of the National Nuclear Security Administration
have been persistently below the authorized level.
(b) Reporting.--Section 3221(b)(1) of the National Nuclear Security
Administration Act (50 U.S.C. 2411(b)(1)) is amended by adding at the
end the following new sentence: ``The Director shall report directly to
the Administrator.''.
(c) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Administrator for Nuclear Security shall
provide to the congressional defense committees a briefing on the plan
of the Administrator to fully staff the Office of Cost Estimating and
Program Evaluation of the National Nuclear Security Administration
pursuant to section 3221(f) of the National Nuclear Security
Administration Act (50 U.S.C. 2411(f)).
SEC. 3113. CLARIFICATION OF CERTAIN STOCKPILE RESPONSIVENESS PROGRAM
OBJECTIVES.
Section 4220(c) of the Atomic Energy Defense Act (50 U.S.C.
2538b(c)) is amended--
(1) in paragraph (3), by striking ``capabilities required,
including prototypes'' and inserting ``capabilities as
required, such as through the use of prototypes''; and
(2) in paragraph (6)--
(A) by striking ``in consultation with the Director
of National Intelligence'' and inserting ``in
coordination with the Director of National
Intelligence''; and
(B) by inserting ``if needed to meet intelligence
requirements'' after ``foreign countries''.
SEC. 3114. MODIFICATION TO PLUTONIUM PIT PRODUCTION CAPACITY.
(a) Finding and Sense of Congress.--
(1) Finding.--Congress finds that a recent study by the
Institute of Defense Analyses notes, ``a key milestone will be
achieving the Plutonium Sustainment Program goal of 30 pits per
year at Los Alamos National Laboratory''.
(2) Sense of congress.--It is the sense of Congress that
the National Nuclear Security Administration should prioritize
achieving production of 30 pits per year at Los Alamos National
Laboratory and ensure that efforts to design and construct a
second site do not divert resources, including personnel and
funding, from Los Alamos National Laboratory.
(b) 2027 Requirement.--Section 4219 of the Atomic Energy Defense
Act (50 U.S.C. 2538a) is amended--
(1) in subsection (a)--
(A) in paragraph (3), by inserting ``and'' after
the semicolon;
(B) in paragraph (4), by striking ``; and'' and
inserting a period; and
(C) by striking paragraph (5);
(2) by striking subsection (b); and
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
(c) Conforming Amendment.--Subsection (b) of such section, as
redesignated by subsection (b), is amended by striking ``(or, if the
authority under subsection (b) is exercised, 2029)''.
SEC. 3115. ANNUAL CERTIFICATION OF SHIPMENTS TO WASTE ISOLATION PILOT
PLANT.
Section 3115(a) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2759), as amended by
section 3137 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2303), is further
amended, in the matter preceding paragraph (1), by striking ``three-
year period'' and inserting ``10-year period''.
SEC. 3116. REPEAL OF LIMITATION ON AVAILABILITY OF FUNDS FOR
ACCELERATION OF NUCLEAR WEAPONS DISMANTLEMENT.
Section 3125 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2766) is repealed.
SEC. 3117. ELIMINATION OF LIMITATION ON AVAILABILITY OF FUNDS RELATING
TO SUBMISSION OF ANNUAL REPORTS ON UNFUNDED PRIORITIES.
Section 4716 of the Atomic Energy Defense Act (50 U.S.C. 2756) is
amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
SEC. 3118. PROGRAM FOR RESEARCH AND DEVELOPMENT OF ADVANCED NAVAL
NUCLEAR FUEL SYSTEM BASED ON LOW-ENRICHED URANIUM.
(a) Establishment.--Not later than 60 days after the date of the
enactment of this Act, the Administrator for Nuclear Security shall
establish a program to assess the viability of using low-enriched
uranium in naval nuclear propulsion reactors, including such reactors
located on aircraft carriers and submarines, that meet the requirements
of the Navy.
(b) Activities.--In carrying out the program under subsection (a),
the Administrator shall carry out activities to develop an advanced
naval nuclear fuel system based on low-enriched uranium, including
activities relating to--
(1) down-blending of high-enriched uranium into low-
enriched uranium;
(2) manufacturing of candidate advanced low-enriched
uranium fuels;
(3) irradiation tests and post-irradiation examination of
these fuels; and
(4) modification or procurement of equipment and
infrastructure relating to such activities.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Administrator shall submit to the
congressional defense committees a plan outlining the activities the
Administrator will carry out under the program established under
subsection (a), including the funding requirements associated with
developing a low-enriched uranium fuel.
SEC. 3119. REPLACEMENT OF W78 WARHEAD.
(a) Analysis of Alternatives.--
(1) In general.--The Administrator for Nuclear Security
shall conduct an analysis of alternatives with respect to
replacing the W78 warhead. Such analysis shall describe the
technical risks and costs for each option to replace the W78
warhead.
(2) Review.--The Director for Cost Estimating and Program
Evaluation of the National Nuclear Security Administration
shall review the analysis of alternatives under paragraph (1).
(3) Report.--Not later than 150 days after the date of the
enactment of this Act, the Administrator shall submit to the
congressional defense committees a report on the replacement of
the W78 warhead. Such report shall include the analysis of
alternatives under paragraph (1) and the review under paragraph
(2).
(b) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2020 for the National
Nuclear Security Administration for the modernization of the W78
warhead, not more than 75 percent may be obligated or expended until
the date on which the report is submitted under subsection (a)(3).
(c) Independent Study.--
(1) In general.--The Administrator shall seek to enter into
an arrangement with the private scientific advisory group known
as JASON to conduct a study of the plan of the Administrator to
replace the W78 warhead. Such study shall include--
(A) an assessment of the risks to certification;
and
(B) the need for planned upgrades to such warhead.
(2) Submission.--Not later than 150 days after the date of
the enactment of this Act, the Administrator shall submit to
the congressional defense committees the study under paragraph
(1), without change.
SEC. 3120. NATIONAL LABORATORY JOBS ACCESS PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary may establish a program known as
the ``Department of Energy National Lab Jobs ACCESS Program'', under
which the Secretary may award, on a competitive basis, 5-year grants to
eligible entities described in subsection (c) for the Federal share of
the costs of technical, skills-based preapprenticeship and
apprenticeship programs that provide employer-driven or recognized
postsecondary credentials during the grant period.
(b) Requirements.--A program funded by a grant awarded under this
section shall develop and deliver customized and competency-based
training that--
(1) leads to recognized postsecondary credentials for
secondary school and postsecondary students;
(2) is focused on skills and qualifications needed, as
determined by the Department of Energy in consultation with the
national laboratories, to meet the immediate and on-going needs
of traditional and emerging technician positions (including
machinists and cyber security technicians) at the National
Laboratories and covered facilities of the National Nuclear
Security Administration;
(3) creates an apprenticeship or preapprenticeship program
in consultation with a National Laboratory or covered facility
of the National Nuclear Security Administration; and
(4) creates an apprenticeship or preapprenticeship program
registered with and approved by the Secretary of Labor or a
State Apprenticeship Agency.
(c) Eligible Entities.--An entity that is eligible to receive a
grant under this section shall be a workforce intermediary or an
eligible sponsor of a preapprenticeship or an apprenticeship program
that--
(1) demonstrates experience in implementing and providing
career planning and career pathways towards apprenticeship or
preapprenticeship programs;
(2)(A) has a relationship with a National Laboratory or
covered facility of the National Nuclear Security
Administration;
(B) has knowledge of technician workforce needs of such
laboratory or facility and the associated security requirements
of such laboratory or facility; and
(C) is eligible to enter into an agreement with such
laboratory or facility that would be paid for in part or
entirely from grant funds received under this section;
(3) demonstrates the ability to recruit and support
individuals who plan to work in relevant technician positions
upon the successful completion of such programs;
(4) provides students who complete such programs with a
recognized postsecondary credential, such as a journeyman craft
license or an industry-recognized certification;
(5) uses a customized training curriculum that is
specifically aligned with employers, utilizing workplace
learning advisors and on-the-job training to the greatest
extent possible; and
(6) demonstrates successful outcomes connecting graduates
of such programs to careers relevant to such programs.
(d) Applications.--An eligible entity seeking a grant under this
section shall submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary may
require.
(e) Priority.--In selecting eligible entities to receive grants
under this section, the Secretary shall prioritize an eligible entity
that--
(1) is a member of an industry or sector partnership;
(2) provides the training described in subsection (b)--
(A) at an institution of higher education (such as
a community college) that includes basic science,
technology, and mathematics education in the
curriculum;
(B) through an apprenticeship program that was
registered with the Department of Labor or a State
Apprenticeship Agency before the date on which the
eligible entity applies for the grant under subsection
(d); or
(C) with respect to a preapprenticeship program, at
a local educational agency, a secondary school, a
provider of adult education, an area career and
technical education school, or an appropriate community
facility;
(3) works with the Secretary of Defense, Secretary of
Veteran Affairs, or veterans organizations to transition
members of the Armed Forces and veterans to apprenticeship or
preapprenticeship programs in a relevant sector;
(4) plans to use the grant to carry out the training
described in subsection (b) with an entity that receives State
funding or is operated by a State agency; and
(5) plans to use the grant to carry out the training
described in subsection (b) for--
(A) young adults ages 16 to 29, inclusive; or
(B) individuals with barriers to employment.
(f) Additional Consideration.--In making grants under this section,
the Secretary shall consider regional diversity.
(g) Limitation on Applications.--An eligible entity may not submit,
either individually or as part of a joint application, more than 1
application for a grant under this section during any 1 fiscal year.
(h) Limitations on Amount of Grant.--The amount of a grant provided
under this section for any 24-month period of the 5-year grant period
shall not exceed $500,000.
(i) Non-Federal Share.--The non-Federal share of the cost of a
customized training program carried out using a grant under this
section shall be not less than 25 percent of the total cost of the
program.
(j) Technical Assistance.--The Secretary may provide technical
assistance to eligible entities described in subsection (c) to leverage
the existing job training and education programs of the Department of
Labor and other relevant programs at appropriate Federal agencies.
(k) Report.--
(1) In general.--Not less than once every 2 years, the
Secretary of Labor shall submit to Congress, and make publicly
available on the website of the Department of Labor, a report
on the program established under this section, including--
(A) a description of--
(i) any entity that receives a grant under
this section;
(ii) any activity carried out using the
grants under this section; and
(iii) best practices used to leverage the
investment of the Federal Government under this
section; and
(B) an assessment of the results achieved by the
program established under this section, including the
rate of employment for participants after completing a
job training and education program carried out using a
grant under this section.
(2) Provision of information.--The Secretary of Energy
shall provide such information as necessary to the Secretary of
Labor for purposes of the report under paragraph (1).
(3) Performance reports.--Not later than one year after the
start of a new apprenticeship or preapprenticeship program
established under this section, and annually thereafter, the
entity carrying out the programs shall submit to the Secretary
of Labor a report on the effectiveness of the program based on
the accountability measures described in clauses (i) and (ii)
of section 116(b)(2)(A) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3141(b)(2)(A)).
(l) Definitions.--In this section:
(1) ESEA terms.--The terms ``local educational agency'' and
``secondary school'' have the meanings given the terms in
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(2) WIOA terms.--The terms ``career planning'',
``community-based organization'', ``customized training'',
``economic development agency'', ``individual with a barrier to
employment'', ``industry or sector partnership'', ``on-the-job
training'', ``recognized postsecondary credential'', and
``workplace learning advisor'' have the meanings given such
terms in section 3 of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3102).
(3) Apprenticeship.--The term ``apprenticeship'' means an
apprenticeship registered under the Act of August 16, 1937
(commonly known as the ``National Apprenticeship Act''; 50
Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).
(4) Area career and technical education school.--The term
``area career and technical education school'' has the meaning
given the term in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2302).
(5) Community college.--The term ``community college'' has
the meaning given the term ``junior or community college'' in
section 312(f) of the Higher Education Act of 1965 (20 U.S.C.
1058(f)).
(6) Covered facility of the national nuclear security
administration.--The term ``covered facility of the National
Nuclear Security Administration'' means a national security
laboratory or a nuclear weapons production facility as such
terms are defined in section 4002 of the Atomic Energy Defense
Act (50 U.S.C. 2501).
(7) Eligible sponsor.--The term ``eligible sponsor'' means
a public organization or an organization described in section
501(c) of the Internal Revenue Code of 1986 and exempt from tax
under section 501(a) of that Code, that--
(A) with respect to an apprenticeship program,
administers such program through a partnership that may
include--
(i) an industry or sector partnership;
(ii) an employer or industry association;
(iii) a labor-management organization;
(iv) a local workforce development board or
State workforce development board;
(v) a 2- or 4-year institution of higher
education that offers an educational program
leading to an associate's or bachelor's degree
in conjunction with a certificate of completion
of apprenticeship;
(vi) the Armed Forces (including the
National Guard and Reserves);
(vii) a community-based organization; or
(viii) an economic development agency; and
(B) with respect to a preapprenticeship program, is
a local educational agency, a secondary school, an area
career and technical education school, a provider of
adult education, a State workforce development board, a
local workforce development board, or a community-based
organization, that administers such program with any
required coordination and necessary approvals from the
Secretary of Labor or a State department of labor.
(8) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(9) Local workforce development board.--The term ``local
workforce development board'' has the meaning given the term
``local board'' in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(10) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(11) Provider of adult education.--The term ``provider of
adult education'' has the meaning given that term in section
203 of the Adult Education and Literacy Act (29 U.S.C. 3272).
(12) Related instruction.--The term ``related instruction''
means an organized and systematic form of instruction designed
to provide an apprentice with the knowledge of the technical
subjects related to the occupation of the apprentice.
(13) Secretary.--The term ``Secretary'' means the Secretary
of Energy, in consultation with the Secretary of Labor, except
as otherwise specified in this Act.
(14) State workforce development board.--The term ``State
workforce development board'' has the meaning given the term
``State board'' in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(15) Workforce intermediary.--The term ``workforce
intermediary''--
(A) means an organization that proactively
addresses workforce needs using a dual customer
approach, which considers the needs of both employees
and employers; and
(B) may include a community organization, an
employer organization, a community college, a temporary
staffing agency, a State workforce development board, a
local workforce development board, or a labor
organization.
SEC. 3121. INDEPENDENT REVIEW OF PLANS AND CAPABILITIES FOR NUCLEAR
VERIFICATION, DETECTION, AND MONITORING OF NUCLEAR
WEAPONS AND FISSILE MATERIAL.
(a) Plan.--Not later than 30 days after the date of the enactment
of this Act, the Secretary of Energy, in consultation with the
Secretary of Defense, shall seek to enter into a contract with the
National Academies of Sciences to conduct an independent review and
assessment of a plan for nuclear detection and verification and
monitoring of nuclear weapons and fissile material.
(b) Elements.--The review under subsection (a) shall include the
following:
(1) Recommendations for a national research infrastructure
for enhanced nuclear verification, detection, and monitoring,
with respect to policy, operations, and research, development,
testing, and evaluation, including--
(A) an evaluation of current national research
enterprise for such nuclear verification, detection,
and monitoring;
(B) a plan for maximizing a national research
enterprise to prevent the proliferation of nuclear
weapons and fissile material;
(C) integration of roles, responsibilities, and
planning for such verification, detection, and
monitoring within the Federal Government; and
(D) a mechanism for the Department of Energy to
consult across the intelligence community when setting
the research agenda to ensure that goals and priorities
are aligned.
(2) Recommendations for international engagement for
building cooperation and transparency, including bilateral and
multilateral efforts, to improve inspections, detection, and
monitoring, and to create incentives for cooperation and
transparency.
(3) Recommendations for--
(A) research and development efforts to improve
monitoring, detection, and in-field inspection and
analysis capabilities, including persistent
surveillance, remote monitoring, and rapid analysis of
large data sets, including open-source data; and
(B) measures to coordinate technical and
operational requirements early in the process.
(4) Recommendations for improved coordination between
departments and agencies of the Federal Government and the
military departments, national laboratories, commercial
industry, and academia.
(5) Recommendations for leveraging commercial capability,
such as remote sensing.
(c) Submission and Briefing.--Not later than 270 days after the
date of the enactment of this Act, the Secretary of Energy shall--
(1) submit to the congressional defense committees a report
containing the review under subsection (a); and
(2) provide to such committees a briefing on such review.
(d) Form.--The review under subsection (a) and the report under
subsection (c) shall be submitted in unclassified form, but may include
a classified annex, consistent with the protection of intelligence
sources and methods.
SEC. 3122. FUNDING FOR LOW-ENRICHED URANIUM RESEARCH AND DEVELOPMENT.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated by this
title for defense nuclear nonproliferation, as specified in the
corresponding funding table in section 4701, for low-enriched uranium
research and development is hereby increased by $20,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated by this
title for atomic energy defense activities, as specified in the
corresponding funding table in section 4701, for Federal salaries and
expenses is hereby reduced by $20,000,000.
SEC. 3123. AVAILABILITY OF AMOUNTS FOR DENUCLEARIZATION OF DEMOCRATIC
PEOPLE'S REPUBLIC OF NORTH KOREA.
(a) In General.--The amount authorized to be appropriated by
section 3101 and available as specified in the funding table in section
4701 for defense nuclear nonproliferation is hereby increased by
$10,000,000, with the amount of the increase to be available to develop
and prepare to implement a comprehensive, long-term monitoring and
verification program for activities related to the phased
denuclearization of the Democratic People's Republic of North Korea, in
coordination with relevant international partners and organizations.
(b) Offset.--The amount authorized to be appropriated by this title
and available as specified in the funding table in section 4701 for
weapons activities for stockpile services, production support is hereby
reduced by $10,000,000.
SEC. 3124. ACCOUNTING PRACTICES OF NATIONAL NUCLEAR SECURITY
ADMINISTRATION FACILITIES.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of Energy should ensure that each laboratory operating
contractor or plant or site manager of National Nuclear Security
Administration sites applies generally accepted and consistent
accounting best practices for laboratory, plant, or site directed
research and development.
(b) Report Required.--Not later than 210 days after the date of the
enactment of this Act, the Administrator for Nuclear Security shall
submit to the congressional defense committees a report that assesses
the costs, benefits, risks, and other effects of the pilot program
under section 3119 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 50 U.S.C. 2791 note).
SEC. 3125. FUNDING FOR INERTIAL CONFINEMENT FUSION IGNITION AND HIGH
YIELD PROGRAM.
(a) Increase.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated by this
title for Weapons Activities, as specified in the corresponding funding
table in section 4701, for the Inertial Confinement Fusion Ignition and
High Yield program, facility operations and target production, is
hereby increased by $5,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be appropriated by this
title for Weapons Activities, as specified in the corresponding funding
table in section 4701, for Stockpile Services, management, technology,
and production, is hereby reduced by $5,000,000.
SEC. 3126. IMPROVEMENTS TO ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION PROGRAM ACT OF 2000.
(a) Office of Ombudsman.--Section 3686 of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-
15) is amended--
(1) in subsection (c)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(B) by inserting after paragraph (1) the following
new paragraph:
``(2) To provide guidance and assistance to claimants.'';
and
(2) in subsection (h), by striking ``2019'' and inserting
``2020''.
(b) Advisory Board on Toxic Substances and Worker Health.--Section
3687 of the Energy Employees Occupational Illness Compensation Program
Act of 2000 (42 U.S.C. 7385s-16) is amended--
(1) in subsection (b)(1)--
(A) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (D), by striking ``; and'' and
inserting a semicolon; and
(C) by adding after subparagraph (D) the following:
``(E) the claims adjudication process generally,
including review of procedure manual changes prior to
incorporation into the manual and claims for medical
benefits; and
``(F) such other matters as the Secretary considers
appropriate; and'';
(2) in subsection (g)--
(A) by striking ``The Secretary of Energy shall''
and inserting ``The Secretary of Energy and the
Secretary of Labor shall each''; and
(B) by adding at the end the following new
sentence: ``The Secretary of Labor shall make available
to the Board the program's medical director,
toxicologist, industrial hygienist and program's
support contractors as requested by the Board.'';
(3) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(4) by inserting after subsection (g) the following:
``(h) Response to Recommendations.--Not later than 60 days after
submission to the Secretary of Labor of the Board's recommendations,
the Secretary shall respond to the Board in writing, and post on the
public Internet website of the Department of Labor, a response to the
recommendations that--
``(1) includes a statement of whether the Secretary accepts
or rejects the Board's recommendations;
``(2) if the Secretary accepts the board's recommendations,
describes the timeline for when those recommendations will be
implemented; and
``(3) if the Secretary does not accept the recommendations,
describes the reasons the Secretary does not agree and provide
all scientific research to the Board supporting that
decision.''.
SEC. 3127. CIVIL PENALTIES FOR VIOLATIONS OF CERTAIN WHISTLEBLOWER
PROTECTIONS.
(a) In General.--Section 234A of the Atomic Energy Act of 1954 (42
U.S.C. 2282a) is amended--
(1) in the heading, by inserting ``and whistleblower''
after ``safety'';
(2) in subsection a.--
(A) by inserting ``, or who violates any applicable
rule, regulation or order related to whistleblower
protections,'' before ``shall be subject to a civil
penalty''; and
(B) by adding at the end the following new
sentence: ``The Secretary of Energy may carry out this
section with respect to the National Nuclear Security
Administration by acting through the Administrator for
Nuclear Security.''; and
(3) by adding at the end the following new subsection:
``e. In this section, the term `whistleblower protections' means
the protections for contractors from reprisals pursuant to section 4712
of title 41, United States Code, section 211 of the Energy
Reorganization Act of 1974 (42 U.S.C. 5851), or other provisions of
Federal law affording such protections.''.
SEC. 3128. LIMITATION RELATING TO RECLASSIFICATION OF HIGH-LEVEL WASTE.
(a) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2020 for the
Department of Energy may be obligated or expended by the Secretary of
Energy to apply the interpretation of high-level radioactive waste
described in the notice published by the Secretary titled
``Supplemental Notice Concerning U.S. Department of Energy
Interpretation of High-Level Radioactive Waste'' (84 Fed. Reg. 26835),
or successor notice, with respect to such waste located in the State of
Washington.
(b) Rule of Construction.--Nothing in subsection (a) may be
construed as an affirmation of the interpretation of high-level
radioactive waste of the Secretary of Energy described in such
subsection.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2020,
$29,450,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
SEC. 3202. IMPROVEMENTS TO DEFENSE NUCLEAR FACILITIES SAFETY BOARD.
(a) Staff.--
(1) Sense of congress.--It is the sense of Congress that
the Defense Nuclear Facilities Safety Board is not adequately
staffed, particularly given the ongoing increase in defense
nuclear activities during the decade following the date of the
enactment of this Act.
(2) Executive director of operations.--
(A) Establishment of position.--Subsection (b) of
section 313 of the Atomic Energy Act of 1954 (42 U.S.C.
2286b) is amended by adding at the end the following
new paragraph:
``(3)(A) The Board shall have an Executive Director of Operations
who shall be appointed under section 311(c)(7).
``(B) The Executive Director of Operations shall report to the
Chairman.
``(C) The Executive Director of Operations shall be the senior
employee of the Board responsible for--
``(i) general administration and technical matters;
``(ii) ensuring that the members of the Board are fully and
currently informed with respect to matters for which the
members are responsible; and
``(iii) the functions delegated by the Chairman pursuant to
section 311(c)(3)(B).''.
(B) Delegation of functions.--Paragraph (3) of
section 311(c) of such Act (42 U.S.C. 2286(c)) is
amended--
(i) by striking ``The Chairman'' and
inserting ``(A) The Chairman''; and
(ii) by adding at the end the following new
subparagraph:
``(B) In carrying out subparagraph (A), the Chairman shall delegate
to the Executive Director of Operations established under section
313(b)(3) the following functions:
``(i) Administrative functions of the Board.
``(ii) Appointment and supervision of employees of the
Board not specified under paragraph (7).
``(iii) Distribution of business among the employees and
administrative units and offices of the Board.
``(iv) Preparation of--
``(I) proposals for the reorganization of the
administrative units or offices of the Board;
``(II) the budget estimate for the Board; and
``(III) the proposed distribution of funds
according to purposes approved by the Board.''.
(3) Appointment and removal powers.--Paragraph (7) of such
section 311(c) is amended to read as follows:
``(7)(A) The Chairman, subject to the approval of the Board, shall
appoint the senior employees described in subparagraph (C). Any member
of the Board may propose to the Chairman an individual to be so
appointed.
``(B) The Chairman, subject to the approval of the Board, may
remove a senior employee described in subparagraph (C). Any member of
the Board may propose to the Chairman an individual to be so removed.
``(C) The senior employees described in this subparagraph are the
following senior employees of the Board:
``(i) The Executive Director of Operations established
under section 313(b)(3).
``(ii) The general counsel.''.
(4) Full-time equivalent personnel levels.--Section
313(b)(1)(A) of such Act (42 U.S.C. 2286b(b)(1)(A)) is amended
by striking ``but not'' and all that follows through the
semicolon and inserting ``but not fewer than the equivalent of
110 full-time employees and not more than the equivalent of 130
full-time employees;''.
(b) Public Health and Safety.--Section 312(a) of such Act (42
U.S.C. 2286a(a)) is amended by inserting before the period at the end
the following: ``, including with respect to the health and safety of
employees and contractors at such facilities''.
(c) Access to Facilities, Personnel, and Information.--Section 314
of such Act (42 U.S.C. 2286c) is amended--
(1) in subsection (a)--
(A) by striking ``The Secretary of Energy'' and
inserting ``Except as specifically provided by this
section, the Secretary of Energy'';
(B) by striking ``ready access'' both places it
appears and inserting ``prompt and unfettered access'';
and
(C) by adding at the end the following new
sentence: ``The access provided to facilities,
personnel, and information under this subsection shall
be provided without regard to the hazard or risk
category assigned to a facility by the Secretary.'';
and
(2) by striking subsection (b) and inserting the following
new subsections:
``(b) Authority of Secretary Deny Information.--The Secretary may
only deny access to information pursuant to subsection (a)--
``(1) to any person who--
``(A) has not been granted an appropriate security
clearance or access authorization by the Secretary; or
``(B) does not need such access in connection with
the duties of such person; or
``(2) if such denial is authorized by a provision of
Federal law that specifically limits the right of the Board to
access such information.
``(c) Application of Nondisclosure Protections by Board.--The Board
may not publicly disclose information provided under this section if
such information is otherwise protected from disclosure by law,
including deliberative process information.''.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated to the
Secretary of Energy $14,000,000 for fiscal year 2020 for the purpose of
carrying out activities under chapter 869 of title 10, United States
Code, relating to the naval petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain
available until expended.
TITLE XXXV--MARITIME MATTERS
Subtitle A--Maritime Administration
SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION.
There are authorized to be appropriated to the Department of
Transportation for fiscal year 2020, to be available without fiscal
year limitation if so provided in appropriations Acts, for programs
associated with maintaining the United States merchant marine, the
following amounts:
(1) For expenses necessary for operations of the United
States Merchant Marine Academy, $81,944,000, of which--
(A) $77,944,000 shall be for Academy operations;
and
(B) $4,000,000 shall remain available until
expended for capital asset management at the Academy.
(2) For expenses necessary to support the State maritime
academies, $38,480,000, of which--
(A) $2,400,000 shall remain available until
September 30, 2020, for the Student Incentive Program;
(B) $30,080,000 shall remain available until
expended for maintenance and repair of State maritime
academy training vessels; and
(C) $6,000,000 shall remain available until
expended for direct payments to such academies.
(3) For expenses necessary to support the National Security
Multi-Mission Vessel Program, $300,000,000, which shall remain
available until expended.
(4) For expenses necessary to support Maritime
Administration operations and programs, $53,273,000.
(5) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $5,000,000, which shall remain
available until expended.
(6) For expenses necessary to maintain and preserve a
United States flag merchant marine to serve the national
security needs of the United States under chapter 531 of title
46, United States Code, $300,000,000.
(7) For expenses necessary for the loan guarantee program
authorized under chapter 537 of title 46, United States Code,
$33,000,000, of which--
(A) $30,000,000 may be used for the cost (as
defined in section 502(5) of the Federal Credit Reform
Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees
under the program; and
(B) $3,000,000 may be used for administrative
expenses relating to loan guarantee commitments under
the program.
(8) For expenses necessary to provide small shipyards and
maritime communities grants under section 54101 of title 46,
United States Code, $35,000,000.
SEC. 3502. REAUTHORIZATION OF MARITIME SECURITY PROGRAM.
(a) Award of Operating Agreements.--Section 53103 of title 46,
United States Code, is amended by striking ``2025'' each place it
appears and inserting ``2035''.
(b) Effectiveness of Operating Agreements.--Section 53104(a) of
title 46, United States Code, is amended by striking ``2025'' and
inserting ``2035''.
(c) Payments.--Section 53106(a)(1) of title 46, United States Code,
is amended--
(1) in subparagraph (B), by striking ``and'';
(2) in subparagraph (C), by striking ``$3,700,000 for each
of fiscal years 2022, 2023, 2024, and 2025.'' and inserting
``$5,300,000 for each of fiscal years 2022, 2023, 2024, and
2025; and''; and
(3) by adding at the end the following new subparagraphs:
``(D) $5,800,000 for each of fiscal years 2026,
2027, and 2028;
``(E) $6,300,000 for each of fiscal years 2029,
2030, and 2031; and
``(F) $6,800,000 for each of fiscal years 2032,
2033, 2034, and 2035.''.
(d) Authorization of Appropriations.--Section 53111 of title 46,
United States Code, is amended--
(1) in paragraph (2), by striking ``and'';
(2) in paragraph (3), by striking ``$222,000,000 for each
fiscal year thereafter through fiscal year 2025.'' and
inserting ``$318,000,000 for each of fiscal years 2022, 2023,
2024, and 2025;''; and
(3) by adding at the end the following new paragraphs:
``(4) $348,000,000 for each of fiscal years 2026, 2027, and
2028;
``(5) $378,000,000 for each of fiscal years 2029, 2030, and
2031; and
``(6) $408,000,000 for each of fiscal years 2032, 2033,
2034, and 2035.''.
SEC. 3503. MARITIME OCCUPATIONAL SAFETY AND HEALTH ADVISORY COMMITTEE.
Section 7 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 656) is amended by adding at the end the following:
``(d) There is established a Maritime Occupational Safety and
Health Advisory Committee, which shall be a continuing body and shall
provide advice to the Secretary in formulating maritime industry
standards and regarding matters pertaining to the administration of
this Act related to the maritime industry. The composition of such
advisory committee shall be consistent with the advisory committees
established under subsection (b). A member of the advisory committee
who is otherwise qualified may continue to serve until a successor is
appointed. The Secretary may promulgate or amend regulations as
necessary to implement this subsection.''.
SEC. 3504. MILITARY TO MARINER PROGRAM.
(a) Credentialing Support.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense and the
Secretary of the Department in which the Coast Guard operates, in
coordination with one another and with the United States Committee on
the Marine Transportation System, and in consultation with the Merchant
Marine Personnel Advisory Committee, shall identify all training and
experience within each of the Armed Forces that may qualify for
merchant mariner credentialing, and submit a list of all identified
training and experience to the United States Coast Guard National
Maritime Center for a determination of whether such training and
experience counts for credentialing purposes.
(b) Review of Applicable Service.--The United States Coast Guard
Commandant shall make a determination of whether training and
experience counts for credentialing purposes, as described in
subsection (a), not later than 6 months after the date on which the
United States Coast Guard National Maritime Center receives a
submission under subsection (a) identifying a training or experience
and requesting such a determination.
(c) Fees and Services.--The Secretary of Defense and the Secretary
of the Department in which the Coast Guard operates, with respect to
the applicable services in their respective departments, shall--
(1) take all necessary and appropriate actions to provide
for the waiver of fees through the National Maritime Center
license evaluation, issuance, and examination for members of
the Armed Forces on active duty, if a waiver is authorized and
appropriate, and, if a waiver is not granted, take all
necessary and appropriate actions to provide for the payment of
fees for members of the Armed Forces on active duty by the
applicable service to the fullest extent permitted by law;
(2) direct the Armed Forces to take all necessary and
appropriate actions to provide for Transportation Worker
Identification Credential cards for members of the Armed Forces
on active duty pursuing or possessing a mariner credential,
such as implementation of an equal exchange process for active
duty service members at no or minimal cost;
(3) ensure that members of the Armed Forces who are to be
discharged or released from active duty and who request
certification or verification of sea service be provided such
certification or verification no later than one month after
discharge or release;
(4) ensure the Armed Forces have developed, or continue to
operate, as appropriate, the online resource known as
Credentialing Opportunities On-Line to support separating
members of the Armed Forces who are seeking information and
assistance on merchant mariner credentialing; and
(5) not later than one year after the date of enactment of
this section, take all necessary and appropriate actions to
review and implement service-related medical certifications to
merchant mariner credential requirements.
(d) Advancing Military to Mariner Within the Employer Agencies.--
(1) In general.--The Secretary of Defense and the Secretary
of the Department in which the Coast Guard operates shall have
direct hiring authority to employ separated members of the
Armed Forces with valid merchant mariner licenses or sea
service experience in support of United States national
maritime needs, including the Army Corps of Engineers.
(2) Appointments of retired members of the armed forces.--
Except in the case of positions in the Senior Executive
Service, the requirements of section 3326(b) of title 5, United
States Code, shall not apply with respect to the hiring of a
separated member of the Armed Forces under paragraph (1).
(e) Separated Member of the Armed Forces.--In this section, the
term ``separated member of the Armed Forces'' means an individual who--
(1) is retiring or is retired as a member of the Armed
Forces;
(2) is voluntarily separating or voluntarily separated from
the Armed Forces at the end of enlistment or service
obligation; or
(3) is administratively separating or has administratively
separated from the Armed Forces with an honorable or general
discharge characterization.
Subtitle B--Tanker Security Fleet
SEC. 3511. TANKER SECURITY FLEET.
(a) In General.--Subtitle VII of title 46, United States Code, is
amended by adding at the end the following:
``CHAPTER 707--TANKER SECURITY FLEET
``70701. Definitions.
``70702. Establishment of the Tanker Security Fleet.
``70703. Vessel standards.
``70704. Award of operating agreements.
``70705. Effectiveness of operating agreements.
``70706. Obligations and rights under operating agreements.
``70707. Payments.
``70708. National security requirements.
``70709. Regulatory relief.
``70710. Special rule regarding age of participating Fleet vessels.
``70711. Regulations.
``70712. Authorization of appropriations.
``70713. Acquisition of Fleet vessels.
``Sec. 70701. Definitions
``In this chapter:
``(1) Foreign commerce.--The term `foreign commerce'
means--
``(A) commerce or trade between the United States,
its territories or possessions, or the District of
Columbia, and a foreign country; and
``(B) commerce or trade between foreign countries
including trade between foreign ports in accordance
with normal commercial bulk shipping practices in such
a manner as will permit vessels of the United States
freely to compete with foreign-flag liquid bulk
carrying vessels in their operation or in competing
charters, subject to rules and regulations promulgated
by the Secretary of Transportation pursuant to this
chapter or subtitle.
``(2) Participating fleet vessel.--The term `participating
Fleet vessel' means any tank vessel covered by an operating
agreement under this chapter on or after January 1, 2021.
``(3) Person.--The term `person' includes corporations,
partnerships, and associations existing under, or authorized
by, laws of the United States, or any State, territory,
district, or possession thereof, or any foreign country.
``(4) Tank vessel.--The term `tank vessel' has the meaning
that term has under section 2101 of this title.
``(5) United states citizen trust.--The term `United States
citizen trust'--
``(A) means a trust for which--
``(i) each of the trustees is a citizen of
the United States; and
``(ii) the application for documentation of
the vessel under chapter 121 of this title
includes an affidavit of each trustee stating
that the trustee is not aware of any reason
involving a beneficiary of the trust that is
not a citizen of the United States, or
involving any other person who is not a citizen
of the United States, as a result of which the
beneficiary or other person would hold more
than 25 percent of the aggregate power to
influence or limit the exercise of the
authority of the trustee with respect to
matters involving any ownership or operation of
the vessel that may adversely affect the
interests of the United States;
``(B) does not include a trust for which any person
that is not a citizen of the United States has
authority to direct, or participate in directing, a
trustee for a trust in matters involving any ownership
or operation of the vessel that may adversely affect
the interests of the United States or in removing a
trustee without cause, either directly or indirectly
through the control of another person, unless the trust
instrument provides that persons who are not citizens
of the United States may not hold more than 25 percent
of the aggregate authority to so direct or remove a
trustee; and
``(C) may include a trust for which a person who is
not a citizen of the United States holds more than 25
percent of the beneficial interest in the trust.
``Sec. 70702. Establishment of the Tanker Security Fleet
``(a) In General.--The Secretary of Transportation, in consultation
with the Secretary of Defense, shall establish a fleet of active,
commercially viable, militarily useful, privately owned product tankers
to meet national defense and other security requirements and maintain a
United States presence in international commercial shipping. The fleet
shall consist of privately owned vessels of the United States for which
there are in effect operating agreements under this chapter, and shall
be known as the `Tanker Security Fleet' (hereinafter in this chapter
referred to as the `Fleet').
``(b) Vessel Eligibility.--A vessel is eligible to be included in
the Fleet if the vessel--
``(1) meets the requirements under paragraph (1), (2), (3),
or (4) of subsection (c);
``(2) is operated (or in the case of a vessel to be
constructed, will be operated) in providing transportation in
United States foreign commerce;
``(3) is self-propelled;
``(4) is not more than ten years of age on the date the
vessel is first included in the Fleet and not more than 25
years of age at any time during which the vessel is included in
the Fleet;
``(5) is determined by the Secretary of Defense to be
suitable for use by the United States for national defense or
military purposes in time of war or national emergency;
``(6) is commercially viable, as determined by the
Secretary of Transportation; and
``(7) is--
``(A) a vessel of the United States; or
``(B) not a vessel of the United States, but--
``(i) the owner of the vessel has
demonstrated an intent to have the vessel
documented under chapter 121 of this title if
it is included in the Fleet; and
``(ii) at the time an operating agreement
is entered into under this chapter, the vessel
is eligible for documentation under chapter 121
of this title.
``(c) Requirements Regarding Citizenship of Owners, Charterers, and
Operators.--
``(1) Vessels owned and operated by section 50501
citizens.--A vessel meets the requirements of this paragraph
if, during the period of an operating agreement under this
chapter that applies to the vessel, the vessel will be owned
and operated by one or more persons that are citizens of the
United States under section 50501 of this title.
``(2) Vessels owned by a section 50501 citizen, or united
states citizen trust, and chartered to a documentation
citizen.--A vessel meets the requirements of this paragraph
if--
``(A) during the period of an operating agreement
under this chapter that applies to the vessel, the
vessel will be--
``(i) owned by a person that is a citizen
of the United States under section 50501 of
this title or that is a United States citizen
trust; and
``(ii) demise chartered to a person--
``(I) that is eligible to document
the vessel under chapter 121 of this
title;
``(II) the chairman of the board of
directors, chief executive officer, and
a majority of the members of the board
of directors of which are citizens of
the United States under section 50501
of this title, and are appointed and
subjected to removal only upon approval
by the Secretary; and
``(III) that certifies to the
Secretary that there are no treaties,
statutes, regulations, or other laws
that would prohibit the owner or
operator for the vessel from performing
its obligations under an operating
agreement under this chapter;
``(B) in the case of a vessel that will be demise
chartered to a person that is owned or controlled by
another person that is not a citizen of the United
States under section 50501 of this title, the other
person enters into an agreement with the Secretary not
to influence the operation of the vessel in a manner
that will adversely affect the interests of the United
States; and
``(C) the Secretary of Transportation and the
Secretary of Defense notify the Committee on Armed
Services and the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Armed
Services and the Committee on Transportation and
Infrastructure of the House of Representatives that the
Secretaries concur with the certification required
under subparagraph (A)(ii)(III), and have reviewed and
agree that there are no legal, operational, or other
impediments that would prohibit the owner or operator
for the vessel from performing its obligations under an
operating agreement under this chapter.
``(3) Vessels owned and operated by a defense owner or
operator.--A vessel meets the requirements of this paragraph
if--
``(A) during the period of an operating agreement
under this chapter that applies to the vessel, the
vessel will be owned and operated by a person that--
``(i) is eligible to document a vessel
under chapter 121 of this title;
``(ii) operates or manages other vessels of
the United States for the Secretary of Defense,
or charters other vessels to the Secretary of
Defense;
``(iii) has entered into a special security
agreement for the purpose of this paragraph
with the Secretary of Defense;
``(iv) makes the certification described in
paragraph (2)(A)(ii)(III); and
``(v) in the case of a vessel described in
paragraph (2)(B), enters into an agreement
referred to in that subparagraph; and
``(B) the Secretary of Transportation and the
Secretary of Defense notify the Committee on Armed
Services and the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Armed
Services and the Committee on Transportation and
Infrastructure of the House of Representatives that
they concur with the certification required under
subparagraph (A)(iv), and have reviewed and agree that
there are no legal, operational, or other impediments
that would prohibit the owner or operator for the
vessel from performing its obligations under an
operating agreement under this chapter.
``(4) Vessels owned by documentation citizens and chartered
to section 50501 citizens.--A vessel meets the requirements of
this paragraph if, during the period of an operating agreement
under this chapter, the vessel will be--
``(A) owned by a person who is eligible to document
a vessel under chapter 121 of this title; and
``(B) demise chartered to a person that is a
citizen of the United States under section 50501 of
this title.
``(d) Request by Secretary of Defense.--The Secretary of Defense
shall request that the Commandant of the Coast Guard issue any waiver
under section 501 of this title that the Secretary of Defense
determines is necessary for purposes of this chapter.
``(e) Vessel Standards.--
``(1) Certificate of inspection.--A vessel used to provide
oceangoing transportation that the Commandant of the Coast
Guard determines meets the criteria of subsection (b) but
which, on the date of enactment of this section, is not
documented under chapter 121 of this title, shall be eligible
for a certificate of inspection if the Commandant of the Coast
Guard determines that--
``(A) the vessel is classed by and designed in
accordance with the rules of the American Bureau of
Shipping, or another classification society accepted by
the Commandant of the Coast Guard;
``(B) the vessel complies with applicable
international agreements and associated guidelines, as
determined by the country in which the vessel was
documented immediately before becoming documented under
chapter 121 of this title; and
``(C) the country has not been identified by the
Commandant of the Coast Guard as inadequately enforcing
international vessel regulations as to that vessel.
``(2) Reliance on classification society.--
``(A) In general.--The Commandant of the Coast
Guard may rely on a certification from the American
Bureau of Shipping or, subject to subparagraph (B),
another classification society accepted by the
Commandant of the Coast Guard, to establish that a
vessel is in compliance with the requirements of
paragraph (1).
``(B) Foreign classification society.--The
Secretary may accept certification from a foreign
classification society under subparagraph (A) only--
``(i) to the extent that the government of
the foreign country in which the society is
headquartered provides access on a reciprocal
basis to the American Bureau of Shipping; and
``(ii) if the foreign classification
society has offices and maintains records in
the United States.
``Sec. 70703. Vessel standards
``(a) Certificate of Inspection.--A vessel used to provide
transportation service as a common carrier that the Secretary of
Transportation determines meets the criteria of section 53102(b) of
this title, which on the date of enactment of this section is not a
documented vessel (as that term is defined in section 106 of this
title), shall be eligible for a certificate of inspection if the
Secretary determines that--
``(1) the vessel is classed by and designed in accordance
with the rules of the American Bureau of Shipping or another
classification society accepted by the Secretary;
``(2) the vessel complies with applicable international
agreements and associated guidelines, as determined by the
country in which the vessel was documented immediately before
becoming a documented vessel (as defined in that section); and
``(3) that country has not been identified by the Secretary
as inadequately enforcing international vessel regulations as
to that vessel.
``(b) Continued Eligibility for Certificate.--Subsection (a) does
not apply to any vessel that has failed to comply with the applicable
international agreements and association guidelines referred to in
subsection (a)(2).
``(c) Reliance on Classification Society.--
``(1) In general.--The Secretary may rely on a
certification from the American Bureau of Shipping or, subject
to paragraph (2), another classification society accepted by
the Secretary, to establish that a vessel is in compliance with
the requirements of subsections (a) and (b).
``(2) Foreign classification society.--The Secretary may
accept certification from a foreign classification society
under paragraph (1) only--
``(A) to the extent that the government of the
foreign country in which the society is headquartered
provides access on a reciprocal basis to the American
Bureau of Shipping; and
``(B) if the foreign classification society has
offices and maintains records in the United States.
``Sec. 70704. Award of operating agreements
``(a) In General.--The Secretary of Transportation shall require,
as a condition of including any vessel in the Fleet, that the owner or
operator of the vessel enter into an operating agreement with the
Secretary under this section.
``(b) Procedure for Applications.--
``(1) Participating fleet vessels.--
``(A) In general.--The Secretary of Transportation
shall accept an application for an operating agreement
for a participating Fleet vessel under the priority
under paragraph (2) only from a person that has
authority to enter into an operating agreement under
this chapter.
``(B) Vessel under demise charter.--For purposes of
subparagraph (A), in the case of a vessel that is
subject to a demise charter that terminates by its own
terms on September 30, 2035 (without giving effect to
any extension provided therein for completion of a
voyage or to effect the actual redelivery of the
vessel), or that is terminable at the will of the owner
of the vessel after such date, only the owner of the
vessel shall be treated as having the authority
referred to in subparagraph (A).
``(C) Vessel owned by a united states citizen
trust.--For purposes of subparagraph (B), in the case
of a vessel owned by a United States citizen trust, the
term `owner of the vessel' includes the beneficial
owner of the vessel with respect to such trust.
``(2) Discretion within priority.--The Secretary of
Transportation--
``(A) may award operating agreements under
paragraph (1) according to such priorities as the
Secretary considers appropriate; and
``(B) shall award operating agreements within any
such priority--
``(i) in accordance with operational
requirements specified by the Secretary of
Defense;
``(ii) in the case of operating agreements
awarded under subparagraph (B) of paragraph
(1), according to applicants' records of owning
and operating vessels; and
``(iii) subject to approval of the
Secretary of Defense.
``(c) Limitation.--For any fiscal year, the Secretary may not award
operating agreements under this chapter that require payments under
section 70707 of this title for more than 10 vessels.
``Sec. 70705. Effectiveness of operating agreements
``(a) In General.--Subject to the availability of appropriations
for such purpose, the Secretary of Transportation may enter into an
operating agreement under this chapter for fiscal year 2021 and any
subsequent fiscal year. Each such agreement may be renewed annually for
up to seven years.
``(b) Vessels Under Charter to the United States.--The owner or
operator of a vessel under charter to the United States is eligible to
receive payments pursuant to any operating agreement that covers such
vessel.
``(c) Termination.--
``(1) Termination by secretary for lack of owner or
operator compliance.--If the owner or operator with respect to
an operating agreement materially fails to comply with the
terms of the agreement--
``(A) the Secretary shall notify the owner or
operator and provide a reasonable opportunity to comply
with the operating agreement; and
``(B) the Secretary shall terminate the operating
agreement if the owner or operator fails to achieve
such compliance.
``(2) Termination by owner or operator.--
``(A) In general.--If an owner or operator provides
notice of the intent to terminate an operating
agreement under this chapter on a date specified by not
later than 60 days prior to such date, such agreement
shall terminate on the date specified by the owner or
operator.
``(B) Replacement.--An operating agreement with
respect to a vessel shall terminate on the date that is
three years after the date on which the vessel begins
operating under the agreement, if--
``(i) the owner or operator notifies the
Secretary, by not later than two years after
the date the vessel begins operating under the
agreement, that the owner or operator intends
to terminate the agreement under this
subparagraph; and
``(ii) the Secretary of Transportation, in
coordination with the Secretary of Defense,
determines that--
``(I) an application for an
operating agreement under this chapter
has been received for a replacement
vessel that is acceptable to the
Secretaries; and
``(II) during the period of an
operating agreement under this chapter
that applies to the replacement vessel,
the replacement vessel will be--
``(aa) owned and operated
by one or more persons that are
citizens of the United States
under section 50501 of this
title; or
``(bb) owned by a person
who is eligible to document the
vessel under chapter 121 of
this title, and operated by a
person that is a citizen of the
United States under section
50501 of this title.
``(d) Nonrenewal for Lack of Funds.--
``(1) In general.--If sufficient funds are not made
available to carry out an operating agreement under this
chapter--
``(A) the Secretary of Transportation shall submit
to the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Armed Services and the Committee on
Transportation and Infrastructure of the House of
Representatives notice that such agreement shall be not
renewed effective on the 60th day of the fiscal year,
unless such funds are made available before such day;
and
``(B) effective on the 60th day of such fiscal
year, terminate such agreement and provide notice of
such termination to the owner or operator of the vessel
covered by the agreement.
``(2) Release of vessels from obligations.--If an operating
agreement for a vessel under this chapter is not renewed
pursuant to paragraph (1), then the owner or operator of the
vessel is released from any further obligation under the
operating agreement as of the date of such termination or
nonrenewal.
``(3) Foreign transfer and registration.--The owner or
operator of a vessel covered by an operating agreement under
this chapter may transfer and register such vessel under a
foreign registry that is acceptable to the Secretary and the
Secretary of Defense, notwithstanding section 70701 of this
title.
``(4) Requisition.--If chapter 563 of this title is
applicable to a vessel after registration, then the vessel is
available to be requisitioned by the Secretary pursuant to
chapter 563 of this title.
``Sec. 70706. Obligations and rights under operating agreements
``(a) Operation of Vessel.--An operating agreement under this
chapter shall require that, during the period the vessel covered by the
agreement is operating under the agreement the vessel shall--
``(1) be operated in the United States foreign commerce,
mixed United States foreign commerce and domestic trade allowed
under a registry endorsement issued under section 12111 of this
title, foreign-to-foreign commerce, or under a charter to the
United States;
``(2) not be operated in the coastwise trade except as
described in paragraph (1); and
``(3) be documented under chapter 121 of this title.
``(b) Operating Agreement Is an Obligation of the United States
Government.--An operating agreement under this chapter constitutes a
contractual obligation of the United States Government to pay the
amounts provided for in the agreement to the extent of actual
appropriations.
``(c) Obligations of Owner or Operator.--
``(1) In general.--The owner or operator of a vessel
covered by an operating agreement under this chapter shall
agree, as a condition of such agreement, to remain obligated to
carry out the requirements described in paragraph (2) until the
termination date specified in the agreement, even in the case
of early termination of the agreement under section 70705(c) of
this title. This subsection shall not apply in the case of an
operating agreement terminated for lack of funds under section
70705(d) of this title.
``(2) Requirements.--The requirements described in this
paragraph are the following:
``(A) To continue the documentation of the vessel
under chapter 121 of this title.
``(B) To be bound by the requirements of section
70708 of this title.
``(C) That all terms and conditions of an emergency
preparedness agreement entered into under section 70708
of this title shall remain in effect, except that the
terms of such emergency preparedness agreement may be
modified by the mutual consent of the owner or
operator, the Secretary and the Secretary of Defense as
provided in such section.
``(d) Transfer of Operating Agreements.--The owner or operator of a
vessel covered by an operating agreement under this chapter may
transfer that agreement (including all rights and obligations under the
agreement) to any person that is eligible to enter into that operating
agreement under this chapter, if the transfer is approved by the
Secretary of Transportation and the Secretary of Defense.
``(e) Replacement of Vessels Covered by Agreements.--A owner or
operator may replace a vessel covered by an operating agreement with
another vessel that is eligible to be included in the Fleet under
section 70702(b), if the Secretary of Transportation, in coordination
with the Secretary of Defense, approves the replacement of the vessel.
In selecting a replacement vessel, the owner or operator shall give
primary consideration to--
``(1) the commercial viability of the vessel;
``(2) the utility of the vessel with respect to the
operating requirements of the owner or operator; and
``(3) ensuring that the commercial and military utility of
any replacement vessel is not less than that of the initial
vessel.
``Sec. 70707. Payments
``(a) Annual Payment.--Subject to the availability of
appropriations for such purpose and the other provisions of this
chapter, the Secretary shall pay to the owner or operator of a vessel
covered by an operating agreement under this chapter an amount equal to
$6,000,000 for each vessel covered by the agreement for each fiscal
year that the vessel is covered by the agreement. Such amount shall be
paid in equal monthly installments on the last day of each month. The
amount payable under this subsection may not be reduced except as
provided by this section.
``(b) Certification Required for Payment.--As a condition of
receiving payment under this section for a fiscal year for a vessel,
the owner or operator for the vessel shall certify, in accordance with
regulations issued by the Secretary, that the vessel has been and will
be operated in accordance with section 70706 of this title for at least
320 days during the fiscal year. Days during which the vessel is
drydocked, surveyed, inspected, or repaired shall be considered days of
operation for purposes of this subsection.
``(c) General Limitations.--The Secretary may not make any payment
under this chapter for a vessel with respect to any days for which the
vessel is--
``(1) not operated or maintained in accordance with an
operating agreement under this chapter; or
``(2) more than 25 years of age.
``(d) Reductions in Payments.--With respect to payments under this
chapter for a vessel covered by an operating agreement, the Secretary--
``(1) except as provided in paragraph (2), may not reduce
such a payment for the operation of the vessel to carry
military or other preference cargoes under section 55302(a),
55304, 55305, or 55314 of this title, section 2631 of title 10,
or any other cargo preference law of the United States;
``(2) may not make such a payment for any day that the
vessel is engaged in transporting more than 7,500 tons of
civilian bulk preference cargoes pursuant to section 55302(a),
55305, or 55314 of this title, section 90l(a) or (b) of the
Merchant Marine Act, 1936 (46 App. U.S.C. 124l(a), 1241(b), or
1241(f)), that is bulk cargo; and
``(3) shall make a pro rata reduction for each day less
than 320 in a fiscal year that the vessel is not operated in
accordance with section 70706 of this title.
``(e) Limitations Regarding Noncontiguous Domestic Trade.--
``(1) In general.--No owner or operator shall receive
payments pursuant to this chapter during a period in which it
participates in noncontiguous domestic trade.
``(2) Limitation on application.--Paragraph (1) shall not
apply to a owner or operator that is a citizen of the United
States within the meaning of section 50501 of this title,
applying the 75 percent ownership requirement of that section.
``(3) Participates in a noncontiguous trade defined.--In
this subsection the term `participates in a noncontiguous
domestic trade' means directly or indirectly owns, charters, or
operates a vessel engaged in transportation of cargo between a
point in the contiguous 48 States and a point in Alaska,
Hawaii, or Puerto Rico, other than a point in Alaska north of
the Arctic Circle.
``Sec. 70708. National security requirements
``(a) Emergency Preparedness Agreement Required.--The Secretary of
Transportation, in coordination with the Secretary of Defense, shall
establish an emergency preparedness program under this section under
which the owner or operator of a vessel covered by an operating
agreement under this chapter shall agree, as a condition of the
operating agreement, to enter into an emergency preparedness agreement
with the Secretaries. Each such emergency preparedness agreement shall
be entered into as promptly as practicable after the owner or operator
has entered into the operating agreement.
``(b) Terms of Agreement.--The terms of an agreement under this
section--
``(1) shall provide that upon request by the Secretary of
Defense during time of war or national emergency, or whenever
determined by the Secretary of Defense to be necessary for
national security or contingency operation (as that term is
defined in section 101 of title 10), the owner or operator
shall make available commercial transportation resources
(including services) described in subsection (d) to the
Secretary of Defense;
``(2) shall include such additional terms as may be
established by the Secretary of Transportation and the
Secretary of Defense; and
``(3) shall allow for the modification or addition of terms
upon agreement by the Secretary of Transportation and the owner
or operator and the approval by the Secretary of Defense.
``(c) Participation After Expiration of Operating Agreement.--
Except as provided by section 70706 of this title, the Secretary may
not require, through an emergency preparedness agreement or an
operating agreement, that an owner or operator of a vessel covered by
an operating agreement continue to participate in an emergency
preparedness agreement after the operating agreement has expired
according to its terms or is otherwise no longer in effect. After the
expiration of an emergency preparedness agreement, a owner or operator
may voluntarily continue to participate in the agreement.
``(d) Resources Made Available.--The commercial transportation
resources to be made available under an emergency preparedness
agreement shall include vessels or capacity in vessels, terminal
facilities, management services, and other related services, or any
agreed portion of such nonvessel resources for activation as the
Secretary of Defense may determine to be necessary, seeking to minimize
disruption of the owner or operator's service to commercial customers.
``(e) Compensation.--
``(1) In general.--Each emergency preparedness agreement
under this section shall provide that the Secretary of Defense
shall pay fair and reasonable compensation for all commercial
transportation resources provided pursuant to this section.
``(2) Specific requirements.--Compensation under this
subsection--
``(A) shall not be less than the owner or
operator's commercial market charges for like
transportation resources;
``(B) shall be fair and reasonable considering all
circumstances;
``(C) shall be provided from the time that a vessel
or resource is required by the Secretary of Defense
until the time it is redelivered to the owner or
operator and is available to reenter commercial
service; and
``(D) shall be in addition to and shall not in any
way reflect amounts payable under section 70707 of this
title.
``(f) Temporary Replacement Vessels.--Notwithstanding section
55302(a), 55304, 55305, or 55314 of this title, section 2631 of title
10, or any other cargo preference law of the United States--
``(1) an owner or operator may operate or employ in foreign
commerce a foreign-flag vessel or foreign-flag vessel capacity
as a temporary replacement for a vessel of the United States or
vessel of the United States capacity that is activated by the
Secretary of Defense under an emergency preparedness agreement
or a primary Department of Defense sealift readiness program;
and
``(2) such replacement vessel or vessel capacity shall be
eligible during the replacement period to transport preference
cargoes subject to sections 55302(a), 55304, 55305, and 55314
of this title and section 2631 of title 10 to the same extent
as the eligibility of the vessel or vessel capacity replaced.
``(g) Redelivery and Liability of the United States for Damages.--
``(1) In general.--All commercial transportation resources
activated under an emergency preparedness agreement shall, upon
termination of the period of activation, be redelivered to the
owner or operator in the same good order and condition as when
received, less ordinary wear and tear, or the Secretary of
Defense shall fully compensate the owner or operator for any
necessary repair or replacement.
``(2) Limitation on united states liability.--Except as may
be expressly agreed in an emergency preparedness agreement, or
as otherwise provided by law, the Government shall not be
liable for disruption of an owner or operator's commercial
business or other consequential damages to an owner or operator
arising from the activation of commercial transportation
resources under an emergency preparedness agreement.
``Sec. 70709. Regulatory relief
``(a) Operation in Foreign Commerce.--An owner or operator for a
vessel included in an operating agreement under this chapter may
operate the vessel in the foreign commerce of the United States without
restriction.
``(b) Other Restrictions.--The restrictions of section 55305(a) of
this title concerning the building, rebuilding, or documentation of a
vessel in a foreign country shall not apply to a vessel for any day the
operator of the vessel is receiving payments for the operation of that
vessel under an operating agreement under this chapter.
``(c) Telecommunications Equipment.--The telecommunications and
other electronic equipment on an existing vessel that is redocumented
under the laws of the United States for operation under an operating
agreement under this chapter shall be deemed to satisfy all Federal
Communications Commission equipment certification requirements, if--
``(1) such equipment complies with all applicable
international agreements and associated guidelines as
determined by the country in which the vessel was documented
immediately before becoming documented under the laws of the
United States;
``(2) that country has not been identified by the Secretary
as inadequately enforcing international regulations as to that
vessel; and
``(3) at the end of its useful life, such equipment shall
be replaced with equipment that meets Federal Communications
Commission equipment certification standards.
``Sec. 70710. Special rule regarding age of participating Fleet vessels
``Any age restriction under section 70702(b)(4) of this title shall
not apply to a participating Fleet vessel during the 30-month period
beginning on the date the vessel begins operating under an operating
agreement under this chapter, if the Secretary of Transportation
determines that the owner or operator of the vessel has entered into an
arrangement to obtain and operate under the operating agreement for the
participating Fleet vessel a replacement vessel that, upon commencement
of such operation, will be eligible to be included in the Fleet under
section 70702(b) of this title.
``Sec. 70711. Regulations
``The Secretary of Transportation and the Secretary of Defense may
each prescribe rules as necessary to carry out their respective
responsibilities under this chapter.
``Sec. 70712. Authorization of appropriations
``There is authorized to be appropriated for payments under section
70707, $60,000,000 for each of fiscal years 2021 through 2035, to
remain available until expended.
``Sec. 70713. Acquisition of Fleet vessels
``(a) In General.--Upon replacement of a Fleet Vessel under an
operating agreement under this chapter, and subject to agreement by the
owner or operator of the vessel, the Secretary of Transportation is
authorized, subject to the concurrence of the Secretary of Defense, to
acquire the vessel being replaced for inclusion in the National Defense
Reserve Fleet.
``(b) Requirements.--To be eligible for acquisition by the
Secretary of Transportation under this section a vessel shall--
``(1) have been covered by an operating agreement under
this chapter for not less than three years; and
``(2) meet recapitalization requirements for the Ready
Reserve Force.
``(c) Fair Market Value.--A fair market value shall be established
by the Maritime Administration for acquisition of an eligible vessel
under this section.
``(d) Appropriations.--Vessel acquisitions under this section shall
be subject to the availability of appropriations. Amounts made
available to carry out this section shall be derived from amounts
authorized to be appropriated for the National Defense Reserve Fleet.
Amounts authorized to be appropriated to carry out the Maritime
Security Program may not be use to carry out this section.''.
(b) Clerical Amendment.--The table of chapters for subtitle VII of
title 46, United States Code, is amended by adding at the end the
following:
``707. Tanker Security Fleet................................ 70701''.
(c) Deadline for Accepting Applications.--
(1) In general.--The Secretary of Transportation shall
begin accepting applications for enrollment of vessels in the
Tanker Security Fleet established under chapter 707 of title
46, United States Code, as added by subsection (a), by not
later than 30 days after the date of the enactment of this Act.
(2) Approval.--Not later than 90 days after receipt of an
application for the enrollment of a vessel in the Tanker
Security Fleet, the Secretary, in coordination with the
Secretary of Defense shall--
(A) approve the application and enter into an
operating agreement with the applicant; or
(B) provide to the applicant a written explanation
for the denial of the application.
Subtitle C--Cable Security Fleet
SEC. 3521. ESTABLISHMENT OF CABLE SECURITY FLEET.
(a) In General.--Title 46, United States Code, is amended by
inserting before chapter 533 the following new chapter:
``CHAPTER 532--CABLE SECURITY FLEET
``Sec.
``53201. Definitions.
``53202. Establishment of the Cable Security Fleet.
``53203. Award of operating agreements.
``53204. Effectiveness of operating agreements.
``53205. Obligations and rights under operating agreements.
``53206. Payments.
``53207. National security requirements.
``53208. Regulatory relief.
``53209. Authorization of appropriations.
``Sec. 53201. Definitions
``In this chapter:
``(1) Cable services.--The term `cable services' means the
installation, maintenance, or repair of submarine cables and
related equipment, and related cable vessel operations.
``(2) Cable vessel.--The term `cable vessel' means a
vessel--
``(A) classed as a cable ship or cable vessel by,
and designed in accordance with the rules of, the
American Bureau of Shipping, or another classification
society accepted by the Secretary; and
``(B) capable of installing, maintaining, and
repairing submarine cables.
``(3) Cable fleet.--The term `Cable Fleet' means the Cable
Security Fleet established under section 53202(a).
``(4) Contingency agreement.--The term `Contingency
Agreement' means the agreement required by section 53207.
``(5) Contractor.--The term `Contractor' means an owner or
operator of a vessel that enters into an Operating Agreement
for a cable vessel with the Secretary under section 53203.
``(6) Fiscal year.--The term `fiscal year' means any annual
period beginning on October 1 and ending on September 30.
``(7) Operating agency.--The term `Operating Agency' means
that agency or component of the Department of Defense so
designated by the Secretary of Defense under this chapter.
``(8) Operating agreement or agreement.--The terms
`Operating Agreement' or `Agreement' mean the agreement
required by section 53203.
``(9) Person.--The term `person' includes corporations,
partnerships, and associations existing under or authorized by
the laws of the United States, or any State, Territory,
District, or possession thereof, or of any foreign country.
``(10) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(11) United states.--The term `United States' includes
the States, the District of Columbia, the Commonwealth of
Puerto Rico, the Northern Mariana Islands, Guam, American
Samoa, and the Virgin Islands.
``(12) United states citizen trust.--
``(A) Subject to paragraph (C), the term `United
States citizen trust' means a trust that is qualified
under this paragraph.
``(B) A trust is qualified under this paragraph
with respect to a vessel only if--
``(i) it was created under the laws of a
state of the United States;
``(ii) each of the trustees is a citizen of
the United States; and
``(iii) the application for documentation
of the vessel under chapter 121 of this title
includes the affidavit of each trustee stating
that the trustee is not aware of any reason
involving a beneficiary of the trust that is
not a citizen of the United States, or
involving any other person that is not a
citizen of the United States, as a result of
which the beneficiary or other person would
hold more than 25 percent of the aggregate
power to influence, or limit the exercise of
the authority of, the trustee with respect to
matters involving any ownership or operation of
the vessel that may adversely affect the
interests of the United States.
``(C) If any person that is not a citizen of the
United States has authority to direct, or participate
in directing, the trustee for a trust in matters
involving any ownership or operation of the vessel that
may adversely affect the interests of the United States
or in removing a trustee for a trust without cause,
either directly or indirectly through the control of
another person, the trust is not qualified under this
paragraph unless the trust instrument provides that
persons who are not citizens of the United States may
not hold more than 25 percent of the aggregate
authority to direct or remove a trustee.
``(D) This paragraph shall not be considered to
prohibit a person who is not a citizen of the United
States from holding more than 25 percent of the
beneficial interest in a trust.
``Sec. 53202. Establishment of the Cable Security Fleet
``(a) In General.--
``(1) The Secretary, in consultation with the Operating
Agency, shall establish a fleet of active, commercially viable,
cable vessels to meet national security requirements. The fleet
shall consist of privately owned, United States-documented
cable vessels for which there are in effect Operating
Agreements under this chapter, and shall be known as the Cable
Security Fleet.
``(2) The Fleet described under this section shall include
two vessels.
``(b) Vessel Eligibility.--A cable vessel is eligible to be
included in the Fleet if--
``(1) the vessel meets the requirements of paragraph (1),
(2), (3), or (4) of subsection (c);
``(2) the vessel is operated (or in the case of a vessel to
be constructed, will be operated) in commercial service
providing cable services;
``(3) the vessel is 40 years of age or less on the date the
vessel is included in the Fleet;
``(4) the vessel is--
``(A) determined by the Operating Agency to be
suitable for engaging in cable services by the United
States in the interest of national security; and
``(B) determined by the Secretary to be
commercially viable, whether independently or taking
any payments which are the consequence of participation
in the Cable Fleet into account; and
``(5) the vessel--
``(A) is a United States-documented vessel; or
``(B) is not a United States-documented vessel,
but--
``(i) the owner of the vessel has
demonstrated an intent to have the vessel
documented under chapter 121 of this title if
it is included in the Cable Fleet; and
``(ii) at the time an Operating Agreement
is entered into under this chapter, the vessel
is eligible for documentation under chapter 121
of this title.
``(c) Requirements Regarding Citizenship of Owners and Operators.--
``(1) Vessels owned and operated by section 50501
citizens.--A vessel meets the requirements of this paragraph
if, during the period of an Operating Agreement under this
chapter that applies to the vessel, the vessel will be owned
and operated by one or more persons that are citizens of the
United states under section 50501 of this title.
``(2) Vessels owned by a section 50501 citizen, or united
states citizen trust, and chartered to a documentation
citizen.--A vessel meets the requirements of this paragraph
if--
``(A) during the period of an Operating Agreement
under this chapter that applies to the vessel, the
vessel will be--
``(i) owned by a person that is a citizen
of the United States under section 50501 of
this title or that is a United States citizen
trust; and
``(ii) demise chartered to and operated by
a person--
``(I) that is eligible to document
the vessel under chapter 121 of this
title;
``(II) the chairman of the board of
directors, chief executive officer, and
a majority of the members of the board
of directors of which are citizens of
the United States under section 50501
of this title, and are appointed and
subject to removal only upon approval
by the Secretary; and
``(III) that certifies to the
Secretary that there are no treaties,
statutes, regulations, or other laws
that would prohibit the Contractor for
the vessel from performing its
obligations under an Operating
Agreement under this chapter;
``(B) in the case of a vessel that will be demise
chartered to a person that is owned or controlled by
another person that is not a citizen of the United
States under section 50501 of this title, the other
person enters into an agreement with the Secretary not
to influence the operation of the vessel in a manner
that will adversely affect the interests of the United
States; and
``(C) the Secretary and the Operating Agency notify
the Committee on Armed Services and the Committee on
Commerce, Science and Transportation of the Senate, and
the Committee on Armed Services of the House of
Representatives that they concur, and have reviewed the
certification required under subparagraph (A)(ii)(III)
and determined that there are no legal, operational, or
other impediments that would prohibit the Contractor
for the vessel from performing its obligations under an
Operating Agreement under this chapter.
``(3) Vessel owned and operated by a defense contractor.--A
vessel meets the requirements of this paragraph if--
``(A) during the period of an Operating Agreement
under this chapter that applies to the vessel, the
vessel will be owned and operated by a person that--
``(i) is eligible to document a vessel
under chapter 121 of this title;
``(ii) operates or manages other United
States-documented vessels for the Secretary of
Defense, or charters other vessels to the
Secretary of Defense;
``(iii) has entered into a special security
agreement for purposes of this paragraph with
the Secretary of Defense;
``(iv) makes the certification described in
paragraph (2)(A)(ii)(III); and
``(v) in the case of a vessel described in
paragraph (2)(B), enters into an agreement
referred to in that paragraph; and
``(B) the Secretary and the Secretary of Defense
notify the Committee on Armed Services and Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Armed Services of the House of
Representatives that they have reviewed the
certification required by subparagraph (A)(iv) and
determined that there are no other legal, operational,
or other impediments that would prohibit the Contractor
for the vessel from performing its obligations under an
Operating Agreement under this chapter.
``(4) Vessel owned by a documentation citizen and chartered
to a section 50501 citizen.--A vessel meets the requirements of
this paragraph if, during the period of an Operating Agreement
under this chapter that applies to the vessel, the vessel will
be--
``(A) owned by a person that is eligible to
document a vessel under chapter 121 of this title; and
``(B) demise chartered to a person that is a
citizen of the United States under section 50501 of
this title.
``(d) Vessel Standards.--
``(1) Certificate of inspection.--A cable vessel which the
Secretary of the Department in which the Coast Guard is
operating determines meets the criteria of subsection (b) of
this section but which, on the date of enactment of the Act, is
not documented under chapter 121 of this title, shall be
eligible for a certificate of inspection if that Secretary
determines that--
``(A) the vessel is classed by, and designed in
accordance with the rules of, the American Bureau of
Shipping, or another classification society accepted by
that Secretary;
``(B) the vessel complies with applicable
international agreements and associated guidelines, as
determined by the country in which the vessel was
documented immediately before becoming documented under
chapter 121; and
``(C) that country has not been identified by that
Secretary as inadequately enforcing international
vessel regulations as to that vessel.
``(2) Continued eligibility for certificate.--Paragraph (1)
does not apply to a vessel after any date on which the vessel
fails to comply with the applicable international agreements
and associated guidelines referred to in paragraph (1)(B).
``(3) Reliance on classification society.--
``(A) In general.--The Secretary of the Department
in which the Coast Guard is operating may rely on a
certification from the American Bureau of Shipping or,
subject to subparagraph (B), another classification
society accepted by that Secretary to establish that a
vessel is in compliance with the requirements of
paragraphs (1) and (2).
``(B) Foreign classification society.--The
Secretary of the Department in which the Coast Guard is
operating may accept certification from a foreign
classification society under subparagraph (A) only--
``(i) to the extent that the government of
the foreign country in which the society is
headquartered provides access on a reciprocal
basis to the American Bureau of Shipping; and
``(ii) if the foreign classification
society has offices and maintains records in
the United States.
``(e) Waiver of Age Registration.--The Secretary, in conjunction
with the Operating Agency, may waive the application of the age
restriction under subsection (b)(3) if they jointly determine that the
waiver--
``(1) is in the national interest;
``(2) the subject cable vessel and any associated operating
network is and will continue to be economically viable; and
``(3) is necessary due to the lack of availability of other
vessels and operators that comply with the requirements of this
chapter.
``Sec. 53203. Award of operating agreements
``(a) In General.--The Secretary shall require, as a condition of
including any vessel in the Cable Fleet, that the person that is the
owner or operator of the vessel for purposes of section 53202(c) enter
into an Operating Agreement with the Secretary under this section.
``(b) Procedure for Applications.--
``(1) Acceptance of applications.--Beginning no later than
60 days after the effective date of this chapter, the Secretary
shall accept applications for enrollment of vessels in the
Cable Fleet.
``(2) Action on applications.--Within 120 days after
receipt of an application for enrollment of a vessel in the
Cable Fleet, the Secretary shall approve the application in
conjunction with the Operating Agency, and shall enter into an
Operating Agreement with the applicant, or provide in writing
the reason for denial of that application.
``(c) Priority for Awarding Agreements.--Subject to the
availability of appropriations, the Secretary shall enter into
Operating Agreements with those vessels determined by the Operating
Agency, in its sole discretion, to best meet the national security
requirements of the United States. After consideration of national
security requirements, priority shall be given to an applicant that is
a United States citizen under section 50501 of this title.
``Sec. 53204. Effectiveness of operating agreements
``(a) Effectiveness Generally.--The Secretary may enter into an
Operating Agreement under this chapter for fiscal year 2021. Except as
provided in subsection (d), the agreement shall be effective only for
one fiscal year, but shall be renewable, subject to available
appropriations, for each subsequent year.
``(b) Vessels Under Charter to the United States.--Vessels under
charter to the United States are eligible to receive payments pursuant
to their Operating Agreements.
``(c) Termination.--
``(1) Termination by the secretary.--If the Contractor with
respect to an Operating Agreement materially fails to comply
with the terms of the Agreement--
``(A) the Secretary shall notify the Contractor and
provide a reasonable opportunity for it to comply with
the Operating Agreement;
``(B) the Secretary shall terminate the Operating
Agreement if the Contractor fails to achieve such
compliance; and
``(C) upon such termination, any funds obligated by
the Agreement shall be available to the Secretary to
carry out this chapter.
``(2) Early termination by a contractor.--An Operating
Agreement under this chapter shall terminate on a date
specified by the Contractor if the Contractor notifies the
Secretary, not fewer than 60 days prior to the effective date
of the termination, that the Contractor intends to terminate
the Agreement.
``(d) Nonrenewal for Lack of Funds.--If, by the first day of a
fiscal year, sufficient funds have not been appropriated under the
authority provided by this chapter for that fiscal year for all
Operating Agreements, then the Secretary shall notify the Committee on
Armed Services and the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Armed Services of the
House of Representatives that Operating Agreements authorized under
this chapter for which sufficient funds are not available will not be
renewed for that fiscal year if sufficient funds are not appropriated
by the 60th day of that fiscal year. If only partial funding is
appropriated by the 60th day of such fiscal year, then the Secretary,
in consultation with the Operating Agency, shall select the vessels to
retain under Operating Agreements, based on their determinations of
which vessels are most useful for national security. In the event that
no funds are appropriated, then no Operating Agreements shall be
renewed and each Contractor shall be released from its obligations
under the Operating Agreement. Final payments under an Operating
Agreement that is not renewed shall be made in accordance with section
53206. To the extent that sufficient funds are appropriated in a
subsequent fiscal year, an Operating Agreement that has not been
renewed pursuant to this subsection may be reinstated if mutually
acceptable to the Secretary, in consultation with the Operating Agency,
and the Contractor, provided the vessel remains eligible for
participation pursuant to section 53202, without regard to subsection
53202 (b)(3).
``(e) Release of Vessels From Obligations.--If funds are not
appropriated for payments under an Operating Agreement under this
chapter for any fiscal year by the 60th day of a fiscal year, and the
Secretary, in consultation with the Operating Agency determines to not
renew a Contractor's Operating Agreement for a vessel, then--
``(1) each vessel covered by the Operating Agreement that
is not renewed is thereby released from any further obligation
under the Operating Agreement;
``(2) the owner or operator of the vessel whose Operating
Agreement was not renewed may transfer and register such vessel
under a foreign registry that is acceptable to the Secretary
and the Operating Agency, notwithstanding section 56101 of this
title; and
``(3) if chapter 563 of this title is applicable to such
vessel after registration, then the vessel is available to be
requisitioned by the Secretary pursuant to chapter 563.
``Sec. 53205. Obligations and rights under operating agreements
``(a) Operation of Vessel.--An Operating Agreement under this
chapter shall require that, during the period the vessel is operating
under the Agreement, the vessel--
``(1) shall be operated in the trade for Cable Services, or
under a charter to the United States; and
``(2) shall be documented under chapter 121 of this title.
``(b) Annual Payments by the Secretary.--
``(1) In general.--An Operating Agreement under this
chapter shall require, subject to the availability of
appropriations, that the Secretary make payment to the
Contractor in accordance with section 53206.
``(2) Operating agreement is an obligation of the united
states government.--An Operating Agreement under this chapter
constitutes a contractual obligation of the United States
Government to pay the amounts provided for in the Operating
Agreement to the extent of actual appropriations.
``(c) Documentation Requirement.--Each vessel covered by an
Operating Agreement (including an Agreement terminated under section
53204(c)(2)) shall remain documented under chapter 121 of this title,
until the date the Operating Agreement would terminate according to its
own terms.
``(d) National Security Requirements.--
``(1) In general.--A Contractor with respect to an
Operating Agreement (including an Agreement terminated under
section 53204(c)(2)) shall continue to be bound by the
provisions of section 53207 until the date the Operating
Agreement would terminate according to its terms.
``(2) Contingency agreement with operating agency.--All
terms and conditions of a Contingency Agreement entered into
under section 53207 shall remain in effect until a date the
Operating Agreement would terminate according to its terms,
except that the terms of such Contingency Agreement may be
modified by the mutual consent of the Contractor, and the
Operating Agency.
``(e) Transfer of Operating Agreements.--Operating Agreements shall
not be transferrable by the Contractor.
``(f) Replacement Vessel.--A Contractor may replace a vessel under
an Operating Agreement with another vessel that is eligible to be
included in the Fleet under section 53202(b), if the Secretary and the
Operating Agency jointly determine that the replacement vessel meets
national security requirements and approve the replacement.
``Sec. 53206. Payments
``(a) Annual Payment.--
``(1) In general.--The Secretary, subject to availability
of appropriations and other provisions of this section, shall
pay to the Contractor for an operating agreement, for each
vessel that is covered by the operating agreement, an amount
equal to $5,000,000 for each fiscal year 2021 through 2035.
``(2) Timing.--This amount shall be paid in equal monthly
installments at the end of each month. The amount shall not be
reduced except as provided by this section.
``(b) Certification Required for Payment.--As a condition of
receiving payment under this section for a fiscal year for a vessel,
the Contractor for the vessel shall certify that the vessel has been
and will be operated in accordance with section 53205(a)(1) for 365
days in each fiscal year. Up to thirty (30) days during which the
vessel is drydocked, surveyed, inspected, or repaired shall be
considered days of operation for purposes of this subsection.
``(c) General Limitations.--The Secretary shall not make any
payment under this chapter for a vessel with respect to any days for
which the vessel is--
``(1) not operated or maintained in accordance with an
Operating Agreement under this chapter; or
``(2) more than 40 years of age.
``(d) Reductions in Payments.--With respect to payments under this
chapter for a vessel covered by an Operating Agreement, the Secretary
shall make a pro rata reduction for each day less than 365 in a fiscal
year that the vessel is not operated in accordance with section
53205(a)(1), with days during which the vessel is drydocked or
undergoing survey, inspection or repair to be considered days on which
the vessel is operated as provided in subsection (b).
``Sec. 53207. National security requirements
``(a) Contingency Agreement Required.--The Secretary shall include
in each Operating Agreement under this chapter a requirement that the
Contractor enter into a Contingency Agreement with the Operating
Agency. The Operating Agency shall negotiate and enter into a
Contingency Agreement with each Contractor as promptly as practicable
after the Contractor has entered into an Operating Agreement under this
chapter.
``(b) Terms of Contingency Agreement.--
``(1) In general.--A Contingency Agreement under this
section shall require that a Contractor for a vessel covered by
an Operating Agreement under this chapter make the vessel,
including all necessary resources to engage in Cable Services
required by the Operating Agency, available upon request by the
Operating Agency.
``(2) Terms.--
``(A) In general.--The basic terms of a Contingency
Agreement shall be established (subject to subparagraph
(B)) by the Operating Agency.
``(B) Additional terms.--The Operating Agency and a
Contractor may agree to additional or modifying terms
appropriate to the Contractor's circumstances.
``(c) Defense Measures Against Unauthorized Seizures.--
``(1) The Contingency Agreement shall require that any
vessel operating under the direction of the Operating Agency
operating in area that is designated by the Coast Guard as an
area of high risk of piracy shall be equipped with, at a
minimum, appropriate non-lethal defense measures to protect the
vessel and crew from unauthorized seizure at sea.
``(2) The Secretary of Defense and the Secretary of the
department in which the Coast Guard is operating shall jointly
prescribe the non-lethal defense measures that are required
under this paragraph.
``(d) Participation After Expiration of Operating Agreement.--
Except as provided by section 53205(d), the Operating Agency may not
require, through a Contingency Agreement or an Operating Agreement,
that a Contractor continue to participate in a Contingency Agreement
after the Operating Agreement with the Contractor has expired according
to its terms or is otherwise no longer in effect.
``(e) Resources Made Available.--The resources to be made available
in addition to the vessel under a Contingency Agreement shall include
all equipment, personnel, supplies, management services, and other
related services as the Operating Agency may determine to be necessary
to provide the Cable Services required by the Operating Agency.
``(f) Compensation.--
``(1) In general.--The Operating Agency shall include in
each Contingency Agreement provisions under which the Operating
Agency shall pay fair and reasonable compensation for use of
the vessel and all Cable Services provided pursuant to this
section and the Contingency Agreement.
``(2) Specific requirements.--Compensation under this
subsection--
``(A) shall be at the rate specified in the
Contingency Agreement;
``(B) shall be provided from the time that a vessel
is required by the Operating Agency under the
Contingency Agreement until the time it is made
available by the Operating Agency available to reenter
commercial service; and
``(C) shall be in addition to and shall not in any
way reflect amounts payable under section 53206.
``(g) Liability of the United States for Damages.--
``(1) Limitation on the liability of the u.s.--Except as
otherwise provided by law, the Government shall not be liable
for disruption of a Contractor's commercial business or other
consequential damages to a Contractor arising from the
activation of the Contingency Agreement.
``(2) Affirmative defense.--In any action in any Federal or
State court for breach of third-party contract, there shall be
available as an affirmative defense that the alleged breach of
contract was caused predominantly by action taken to carry out
a Contingent Agreement. Such defense shall not release the
party asserting it from any obligation under applicable law to
mitigate damages to the greatest extent possible.
``Sec. 53208. Regulatory relief
``(a) Applicability of Coastwise Laws.--A vessel covered by an
Operating Agreement that is operating pursuant to a Contingency
Agreement, shall not be subject to the coastwise laws (46 U.S.C. 55101
et seq.).
``(b) Telecommunications Equipment.--The telecommunications and
other electronic equipment on an existing vessel that is redocumented
under the laws of the United States for operation under an Operating
Agreement under this chapter shall be deemed to satisfy all Federal
Communication Commission equipment certification requirements, if--
``(1) such equipment complies with all applicable
international agreements and associated guidelines as
determined by the country in which the vessel was documented
immediately before becoming documented under the laws of the
United States;
``(2) that country has not been identified by the Secretary
of the Department in which the Coast Guard is operating as
inadequately enforcing international regulations as to that
vessel; and
``(3) at the end of its useful life, such equipment shall
be replaced with equipment that meets Federal Communication
Commission equipment certification standards.
``Sec. 53209. Authorization of appropriations
``There are authorized to be appropriated for payments under
section 53206, $10,000,000 for each of the fiscal years 2021 through
2035.''.
(b) Conforming Amendment.--The table of chapters at the beginning
of subtitle V of title 46, United States Code, is amended by inserting
before the item relating to chapter 533 the following new item:
``532. Cable Security Fleet................................. 53201''.
DIVISION D--FUNDING TABLES
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
(a) In General.--Whenever a funding table in this division
specifies a dollar amount authorized for a project, program, or
activity, the obligation and expenditure of the specified dollar amount
for the project, program, or activity is hereby authorized, subject to
the availability of appropriations.
(b) Merit-based Decisions.--A decision to commit, obligate, or
expend funds with or to a specific entity on the basis of a dollar
amount authorized pursuant to subsection (a) shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive procedures;
and
(2) comply with other applicable provisions of law.
(c) Relationship to Transfer and Programming Authority.--An amount
specified in the funding tables in this division may be transferred or
reprogrammed under a transfer or reprogramming authority provided by
another provision of this Act or by other law. The transfer or
reprogramming of an amount specified in such funding tables shall not
count against a ceiling on such transfers or reprogrammings under
section 1001 or section 1512 of this Act or any other provision of law,
unless such transfer or reprogramming would move funds between
appropriation accounts.
(d) Applicability to Classified Annex.--This section applies to any
classified annex that accompanies this Act.
(e) Oral and Written Communications.--No oral or written
communication concerning any amount specified in the funding tables in
this division shall supersede the requirements of this section.
TITLE XLI--PROCUREMENT
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 House
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
002 UTILITY F/W AIRCRAFT. 16,000 0
Early to need..... [-16,000]
004 RQ-11 (RAVEN)........ 23,510 21,510
Unit cost growth.. [-2,000]
ROTARY
005 TACTICAL UNMANNED 12,100 12,100
AIRCRAFT SYSTEM
(TUAS).
007 HELICOPTER, LIGHT 11,000
UTILITY (LUH).
Program increase [11,000]
for sustainment
improvements.
008 AH-64 APACHE BLOCK 806,849 786,009
IIIA REMAN.
Unjustified cost [-20,840]
growth.
009 AH-64 APACHE BLOCK 190,870 174,970
IIIA REMAN.
Unjustified cost [-15,900]
growth.
012 UH-60 BLACKHAWK M 1,411,540 1,411,540
MODEL (MYP).
013 UH-60 BLACKHAWK M 79,572 79,572
MODEL (MYP).
014 UH-60 BLACK HAWK L 169,290 169,290
AND V MODELS.
015 CH-47 HELICOPTER..... 140,290 131,290
Unit cost growth.. [-9,000]
016 CH-47 HELICOPTER..... 18,186 46,186
Advanced [28,000]
procurement for
CH-47F Block II.
MODIFICATION OF
AIRCRAFT
019 UNIVERSAL GROUND 2,090 2,090
CONTROL EQUIPMENT
(UAS).
020 GRAY EAGLE MODS2..... 14,699 14,699
021 MULTI SENSOR ABN 35,189 35,189
RECON (MIP).
022 AH-64 MODS........... 58,172 58,172
023 CH-47 CARGO 11,785 6,785
HELICOPTER MODS
(MYP).
Unobligated [-5,000]
balances.
024 GRCS SEMA MODS (MIP). 5,677 5,677
025 ARL SEMA MODS (MIP).. 6,566 6,566
026 EMARSS SEMA MODS 3,859 3,859
(MIP).
027 UTILITY/CARGO 15,476 13,476
AIRPLANE MODS.
Unit cost [-2,000]
discrepancy.
028 UTILITY HELICOPTER 6,744 6,744
MODS.
029 NETWORK AND MISSION 105,442 98,442
PLAN.
Cost growth....... [-7,000]
030 COMMS, NAV 164,315 164,315
SURVEILLANCE.
032 GATM ROLLUP.......... 30,966 30,966
033 RQ-7 UAV MODS........ 8,983 38,983
Program increase.. [30,000]
034 UAS MODS............. 10,205 10,205
GROUND SUPPORT
AVIONICS
035 AIRCRAFT 52,297 52,297
SURVIVABILITY
EQUIPMENT.
036 SURVIVABILITY CM..... 8,388 8,388
037 CMWS................. 13,999 13,999
038 COMMON INFRARED 168,784 168,784
COUNTERMEASURES
(CIRCM).
OTHER SUPPORT
039 AVIONICS SUPPORT 1,777 1,777
EQUIPMENT.
040 COMMON GROUND 18,624 18,624
EQUIPMENT.
041 AIRCREW INTEGRATED 48,255 48,255
SYSTEMS.
042 AIR TRAFFIC CONTROL.. 32,738 32,738
044 LAUNCHER, 2.75 ROCKET 2,201 2,201
045 LAUNCHER GUIDED 991 991
MISSILE: LONGBOW
HELLFIRE XM2.
TOTAL AIRCRAFT 3,696,429 3,687,689
PROCUREMENT, ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
001 SYSTEM INTEGRATION 113,857 113,857
AND TEST PROCUREMENT.
002 M-SHORAD--PROCUREMENT 103,800 56,800
Early to need..... [-47,000]
003 MSE MISSILE.......... 698,603 698,603
004 INDIRECT FIRE 9,337 9,337
PROTECTION
CAPABILITY INC 2-I.
AIR-TO-SURFACE
MISSILE SYSTEM
006 HELLFIRE SYS SUMMARY. 193,284 173,284
Unit cost growth.. [-20,000]
007 JOINT AIR-TO-GROUND 233,353 198,353
MSLS (JAGM).
Contract and [-35,000]
schedule delays.
ANTI-TANK/ASSAULT
MISSILE SYS
008 JAVELIN (AAWS-M) 138,405 138,405
SYSTEM SUMMARY.
009 TOW 2 SYSTEM SUMMARY. 114,340 110,340
Unit cost growth.. [-4,000]
010 TOW 2 SYSTEM SUMMARY. 10,500 10,500
011 GUIDED MLRS ROCKET 797,213 767,213
(GMLRS).
Program adjustment [-30,000]
012 MLRS REDUCED RANGE 27,555 27,555
PRACTICE ROCKETS
(RRPR).
014 ARMY TACTICAL MSL SYS 209,842 184,842
(ATACMS)--SYS SUM.
Excess to need.... [-25,000]
MODIFICATIONS
016 PATRIOT MODS......... 279,464 279,464
017 ATACMS MODS.......... 85,320 80,320
Unit cost growth.. [-5,000]
018 GMLRS MOD............ 5,094 5,094
019 STINGER MODS......... 81,615 81,615
020 AVENGER MODS......... 14,107 14,107
021 ITAS/TOW MODS........ 3,469 3,469
022 MLRS MODS............ 39,019 39,019
023 HIMARS MODIFICATIONS. 12,483 12,483
SPARES AND REPAIR
PARTS
024 SPARES AND REPAIR 26,444 26,444
PARTS.
SUPPORT EQUIPMENT &
FACILITIES
025 AIR DEFENSE TARGETS.. 10,593 10,593
TOTAL MISSILE 3,207,697 3,041,697
PROCUREMENT, ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT
VEHICLES
002 ARMORED MULTI PURPOSE 264,040 259,040
VEHICLE (AMPV).
Unit cost [-5,000]
discrepancy.
MODIFICATION OF
TRACKED COMBAT
VEHICLES
003 STRYKER (MOD)........ 144,387 393,587
Accelerate Stryker [249,200]
medium caliber
weapon system--
Army unfunded
priority.
004 STRYKER UPGRADE...... 550,000 550,000
005 BRADLEY PROGRAM (MOD) 638,781 573,781
Program delay..... [-65,000]
006 M109 FOV 25,756 25,756
MODIFICATIONS.
007 PALADIN INTEGRATED 553,425 553,425
MANAGEMENT (PIM).
009 ASSAULT BRIDGE (MOD). 2,821 2,821
010 ASSAULT BREACHER 31,697 31,697
VEHICLE.
011 M88 FOV MODS......... 4,500 4,500
012 JOINT ASSAULT BRIDGE. 205,517 205,517
013 M1 ABRAMS TANK (MOD). 348,800 408,800
Vehicle protection [60,000]
system for one
armored brigade.
014 ABRAMS UPGRADE 1,752,784 1,752,784
PROGRAM.
WEAPONS & OTHER
COMBAT VEHICLES
016 MULTI-ROLE ANTI-ARMOR 19,420 19,420
ANTI-PERSONNEL
WEAPON S.
017 GUN AUTOMATIC 30MM 20,000 20,000
M230.
019 MORTAR SYSTEMS....... 14,907 14,907
020 XM320 GRENADE 191 191
LAUNCHER MODULE
(GLM).
021 PRECISION SNIPER 7,977 7,977
RIFLE.
022 COMPACT SEMI- 9,860 9,860
AUTOMATIC SNIPER
SYSTEM.
023 CARBINE.............. 30,331 30,331
024 SMALL ARMS--FIRE 8,060 60
CONTROL.
Late contract [-8,000]
award.
025 COMMON REMOTELY 24,007 24,007
OPERATED WEAPONS
STATION.
026 HANDGUN.............. 6,174 6,174
MOD OF WEAPONS AND
OTHER COMBAT VEH
028 MK-19 GRENADE MACHINE 3,737 3,737
GUN MODS.
029 M777 MODS............ 2,367 2,367
030 M4 CARBINE MODS...... 17,595 17,595
033 M240 MEDIUM MACHINE 8,000 8,000
GUN MODS.
034 SNIPER RIFLES 2,426 2,426
MODIFICATIONS.
035 M119 MODIFICATIONS... 6,269 6,269
036 MORTAR MODIFICATION.. 1,693 1,693
037 MODIFICATIONS LESS 4,327 4,327
THAN $5.0M (WOCV-
WTCV).
SUPPORT EQUIPMENT &
FACILITIES
038 ITEMS LESS THAN $5.0M 3,066 3,066
(WOCV-WTCV).
039 PRODUCTION BASE 2,651 2,651
SUPPORT (WOCV-WTCV).
TOTAL PROCUREMENT OF 4,715,566 4,946,766
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 68,949 63,949
TYPES.
Prior-year [-5,000]
carryover.
002 CTG, 7.62MM, ALL 114,228 111,228
TYPES.
Prior-year [-3,000]
carryover.
003 CTG, HANDGUN, ALL 17,807 12,807
TYPES.
Program adjustment [-5,000]
004 CTG, .50 CAL, ALL 63,966 63,966
TYPES.
005 CTG, 20MM, ALL TYPES. 35,920 27,920
Unit cost growth.. [-8,000]
006 CTG, 25MM, ALL TYPES. 8,990 8,990
007 CTG, 30MM, ALL TYPES. 68,813 57,229
Prior-year carry [-1,134]
over.
Program adjustment [-10,450]
008 CTG, 40MM, ALL TYPES. 103,952 103,952
MORTAR AMMUNITION
009 60MM MORTAR, ALL 50,580 49,580
TYPES.
Unit cost [-1,000]
discrepancy.
010 81MM MORTAR, ALL 59,373 44,673
TYPES.
Contract delays... [-14,700]
011 120MM MORTAR, ALL 125,452 123,452
TYPES.
Unit cost growth.. [-2,000]
TANK AMMUNITION
012 CARTRIDGES, TANK, 171,284 113,084
105MM AND 120MM, ALL
TYPES.
Unit cost growth.. [-58,200]
ARTILLERY AMMUNITION
013 ARTILLERY CARTRIDGES, 44,675 44,675
75MM & 105MM, ALL
TYPES.
014 ARTILLERY PROJECTILE, 266,037 266,037
155MM, ALL TYPES.
015 PROJ 155MM EXTENDED 57,434 57,434
RANGE M982.
016 ARTILLERY 271,602 265,602
PROPELLANTS, FUZES
AND PRIMERS, ALL.
Cost growth and [-6,000]
unjustified
product
improvements.
MINES
017 MINES & CLEARING 55,433 39,433
CHARGES, ALL TYPES.
Contract delay.... [-16,000]
ROCKETS
018 SHOULDER LAUNCHED 74,878 74,878
MUNITIONS, ALL TYPES.
019 ROCKET, HYDRA 70, ALL 175,994 165,994
TYPES.
Excess support [-10,000]
costs.
OTHER AMMUNITION
020 CAD/PAD, ALL TYPES... 7,595 7,595
021 DEMOLITION MUNITIONS, 51,651 51,651
ALL TYPES.
022 GRENADES, ALL TYPES.. 40,592 40,592
023 SIGNALS, ALL TYPES... 18,609 18,609
024 SIMULATORS, ALL TYPES 16,054 16,054
MISCELLANEOUS
025 AMMO COMPONENTS, ALL 5,261 5,261
TYPES.
026 NON-LETHAL 715 715
AMMUNITION, ALL
TYPES.
027 ITEMS LESS THAN $5 9,213 9,213
MILLION (AMMO).
028 AMMUNITION PECULIAR 10,044 10,044
EQUIPMENT.
029 FIRST DESTINATION 18,492 18,492
TRANSPORTATION
(AMMO).
030 CLOSEOUT LIABILITIES. 99 99
PRODUCTION BASE
SUPPORT
031 INDUSTRIAL FACILITIES 474,511 474,511
032 CONVENTIONAL 202,512 202,512
MUNITIONS
DEMILITARIZATION.
033 ARMS INITIATIVE...... 3,833 3,833
TOTAL PROCUREMENT OF 2,694,548 2,554,064
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
001 TACTICAL TRAILERS/ 12,993 12,993
DOLLY SETS.
002 SEMITRAILERS, 102,386 102,386
FLATBED:.
003 AMBULANCE, 4 LITTER, 127,271 127,271
5/4 TON, 4X4.
004 GROUND MOBILITY 37,038 35,038
VEHICLES (GMV).
Unit cost growth.. [-2,000]
006 JOINT LIGHT TACTICAL 996,007 976,507
VEHICLE.
Army requested [-4,500]
transfer to RDTE,
A line 169.
Simulator delay... [-15,000]
007 TRUCK, DUMP, 20T 10,838 10,838
(CCE).
008 FAMILY OF MEDIUM 72,057 138,057
TACTICAL VEH (FMTV).
Program increase.. [66,000]
009 FIRETRUCKS & 28,048 28,048
ASSOCIATED
FIREFIGHTING EQUIP.
010 FAMILY OF HEAVY 9,969 9,969
TACTICAL VEHICLES
(FHTV).
011 PLS ESP.............. 6,280 6,280
012 HVY EXPANDED MOBILE 30,841 131,841
TACTICAL TRUCK EXT
SERV.
Program increase.. [101,000]
013 HMMWV 5,734 5,734
RECAPITALIZATION
PROGRAM.
014 TACTICAL WHEELED 45,113 45,113
VEHICLE PROTECTION
KITS.
015 MODIFICATION OF IN 58,946 58,946
SVC EQUIP.
NON-TACTICAL VEHICLES
017 HEAVY ARMORED VEHICLE 791 791
018 PASSENGER CARRYING 1,416 1,416
VEHICLES.
019 NONTACTICAL VEHICLES, 29,891 29,891
OTHER.
COMM--JOINT
COMMUNICATIONS
021 SIGNAL MODERNIZATION 153,933 148,933
PROGRAM.
Excess funding for [-5,000]
spares.
022 TACTICAL NETWORK 387,439 411,439
TECHNOLOGY MOD IN
SVC.
ITN-M for one [24,000]
armored brigade
combat team.
023 SITUATION INFORMATION 46,693 46,693
TRANSPORT.
025 JCSE EQUIPMENT 5,075 5,075
(USRDECOM).
COMM--SATELLITE
COMMUNICATIONS
028 DEFENSE ENTERPRISE 101,189 101,189
WIDEBAND SATCOM
SYSTEMS.
029 TRANSPORTABLE 77,141 77,141
TACTICAL COMMAND
COMMUNICATIONS.
030 SHF TERM............. 16,054 16,054
031 ASSURED POSITIONING, 41,074 24,914
NAVIGATION AND
TIMING.
Contract delays... [-28,760]
Program [-7,400]
cancellation.
Program increase.. [20,000]
032 SMART-T (SPACE)...... 10,515 10,515
033 GLOBAL BRDCST SVC-- 11,800 11,800
GBS.
034 ENROUTE MISSION 8,609 8,609
COMMAND (EMC).
COMM--C3 SYSTEM
038 COE TACTICAL SERVER 77,533 77,533
INFRASTRUCTURE (TSI).
COMM--COMBAT
COMMUNICATIONS
039 HANDHELD MANPACK 468,026 468,026
SMALL FORM FIT (HMS).
Program delay..... [-25,000]
SFAB technology [25,000]
refresh.
040 RADIO TERMINAL SET, 23,778 23,778
MIDS LVT(2).
044 SPIDER FAMILY OF 10,930 10,930
NETWORKED MUNITIONS
INCR.
046 UNIFIED COMMAND SUITE 9,291 8,291
Excess program [-1,000]
management costs.
047 COTS COMMUNICATIONS 55,630 55,630
EQUIPMENT.
048 FAMILY OF MED COMM 16,590 16,590
FOR COMBAT CASUALTY
CARE.
049 ARMY COMMUNICATIONS & 43,457 43,457
ELECTRONICS.
COMM--INTELLIGENCE
COMM
051 CI AUTOMATION 10,470 10,470
ARCHITECTURE (MIP).
052 DEFENSE MILITARY 3,704 3,704
DECEPTION INITIATIVE.
INFORMATION SECURITY
053 FAMILY OF BIOMETRICS. 1,000 1,000
054 INFORMATION SYSTEM 3,600 3,600
SECURITY PROGRAM-
ISSP.
055 COMMUNICATIONS 160,899 141,899
SECURITY (COMSEC).
Unit cost growth.. [-19,000]
056 DEFENSIVE CYBER 61,962 61,962
OPERATIONS.
057 INSIDER THREAT 756 756
PROGRAM--UNIT
ACTIVITY MONITO.
058 PERSISTENT CYBER 3,000 3,000
TRAINING ENVIRONMENT.
COMM--LONG HAUL
COMMUNICATIONS
059 BASE SUPPORT 31,770 26,770
COMMUNICATIONS.
Insufficient [-5,000]
budget
justification.
COMM--BASE
COMMUNICATIONS
060 INFORMATION SYSTEMS.. 159,009 139,009
Unjustified growth [-15,000]
Unjustified growth [-5,000]
in SRM HW.
061 EMERGENCY MANAGEMENT 4,854 4,854
MODERNIZATION
PROGRAM.
062 HOME STATION MISSION 47,174 47,174
COMMAND CENTERS
(HSMCC).
063 INSTALLATION INFO 297,994 247,994
INFRASTRUCTURE MOD
PROGRAM.
Insufficient [-50,000]
budget
justification.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
066 JTT/CIBS-M (MIP)..... 7,686 7,686
068 DCGS-A (MIP)......... 180,350 180,350
070 TROJAN (MIP)......... 17,368 17,368
071 MOD OF IN-SVC EQUIP 59,052 59,052
(INTEL SPT) (MIP).
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
077 LIGHTWEIGHT COUNTER 5,400 5,400
MORTAR RADAR.
078 EW PLANNING & 7,568 7,568
MANAGEMENT TOOLS
(EWPMT).
079 AIR VIGILANCE (AV) 8,953 8,953
(MIP).
081 MULTI-FUNCTION 6,420 6,420
ELECTRONIC WARFARE
(MFEW) SYST.
083 COUNTERINTELLIGENCE/ 501 501
SECURITY
COUNTERMEASURES.
084 CI MODERNIZATION 121 121
(MIP).
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
085 SENTINEL MODS........ 115,210 114,210
Excess support [-1,000]
costs.
086 NIGHT VISION DEVICES. 236,604 160,604
Insufficient [-76,000]
justification
(IVAS).
088 SMALL TACTICAL 22,623 22,623
OPTICAL RIFLE
MOUNTED MLRF.
090 INDIRECT FIRE 29,127 29,127
PROTECTION FAMILY OF
SYSTEMS.
091 FAMILY OF WEAPON 120,883 81,541
SIGHTS (FWS).
Excess unit cost [-39,342]
growth.
094 JOINT BATTLE COMMAND-- 265,667 240,167
PLATFORM (JBC-P).
Program adjustment [-25,500]
095 JOINT EFFECTS 69,720 44,720
TARGETING SYSTEM
(JETS).
Program delay..... [-25,000]
096 MOD OF IN-SVC EQUIP 6,044 6,044
(LLDR).
097 COMPUTER BALLISTICS: 3,268 3,268
LHMBC XM32.
098 MORTAR FIRE CONTROL 13,199 13,199
SYSTEM.
099 MORTAR FIRE CONTROL 10,000 10,000
SYSTEMS
MODIFICATIONS.
100 COUNTERFIRE RADARS... 16,416 16,416
ELECT EQUIP--TACTICAL
C2 SYSTEMS
102 FIRE SUPPORT C2 13,197 13,197
FAMILY.
103 AIR & MSL DEFENSE 24,730 24,730
PLANNING & CONTROL
SYS.
104 IAMD BATTLE COMMAND 29,629 29,629
SYSTEM.
105 LIFE CYCLE SOFTWARE 6,774 6,774
SUPPORT (LCSS).
106 NETWORK MANAGEMENT 24,448 24,448
INITIALIZATION AND
SERVICE.
107 MANEUVER CONTROL 260 260
SYSTEM (MCS).
108 GLOBAL COMBAT SUPPORT 17,962 17,962
SYSTEM-ARMY (GCSS-A).
109 INTEGRATED PERSONNEL 18,674 18,674
AND PAY SYSTEM-ARMY
(IPP.
110 RECONNAISSANCE AND 11,000 11,000
SURVEYING INSTRUMENT
SET.
111 MOD OF IN-SVC 7,317 15,317
EQUIPMENT (ENFIRE).
Program increase-- [8,000]
land surveying
systems.
ELECT EQUIP--
AUTOMATION
112 ARMY TRAINING 14,578 14,578
MODERNIZATION.
113 AUTOMATED DATA 139,342 129,342
PROCESSING EQUIP.
Program decrease.. [-5,000]
Unjustified growth [-5,000]
114 GENERAL FUND 15,802 15,802
ENTERPRISE BUSINESS
SYSTEMS FAM.
115 HIGH PERF COMPUTING 67,610 67,610
MOD PGM (HPCMP).
116 CONTRACT WRITING 15,000 15,000
SYSTEM.
117 CSS COMMUNICATIONS... 24,700 24,700
118 RESERVE COMPONENT 27,879 27,879
AUTOMATION SYS
(RCAS).
ELECT EQUIP--AUDIO
VISUAL SYS (A/V)
120 ITEMS LESS THAN $5M 5,000 5,000
(SURVEYING
EQUIPMENT).
ELECT EQUIP--SUPPORT
122 BCT EMERGING 22,302 22,302
TECHNOLOGIES.
CLASSIFIED PROGRAMS
122A CLASSIFIED PROGRAMS.. 11,910 11,910
CHEMICAL DEFENSIVE
EQUIPMENT
126 CBRN DEFENSE......... 25,828 25,828
127 SMOKE & OBSCURANT 5,050 5,050
FAMILY: SOF (NON AAO
ITEM).
BRIDGING EQUIPMENT
128 TACTICAL BRIDGING.... 59,821 57,821
Contract delays... [-2,000]
129 TACTICAL BRIDGE, 57,661 57,661
FLOAT-RIBBON.
130 BRIDGE SUPPLEMENTAL 17,966 17,966
SET.
131 COMMON BRIDGE 43,155 43,155
TRANSPORTER (CBT)
RECAP.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
132 HANDHELD STANDOFF 7,570 7,570
MINEFIELD DETECTION
SYS-HST.
133 GRND STANDOFF MINE 37,025 37,025
DETECTN SYSM
(GSTAMIDS).
135 HUSKY MOUNTED 83,082 54,082
DETECTION SYSTEM
(HMDS).
Unjustified unit [-29,000]
cost growth.
136 ROBOTIC COMBAT 2,000 2,000
SUPPORT SYSTEM
(RCSS).
137 EOD ROBOTICS SYSTEMS 23,115 23,115
RECAPITALIZATION.
138 ROBOTICS AND APPLIQUE 101,056 101,056
SYSTEMS.
140 RENDER SAFE SETS KITS 18,684 18,684
OUTFITS.
142 FAMILY OF BOATS AND 8,245 6,245
MOTORS.
Unit cost growth.. [-2,000]
COMBAT SERVICE
SUPPORT EQUIPMENT
143 HEATERS AND ECU'S.... 7,336 7,336
145 PERSONNEL RECOVERY 4,281 4,281
SUPPORT SYSTEM
(PRSS).
146 GROUND SOLDIER SYSTEM 111,955 111,955
147 MOBILE SOLDIER POWER. 31,364 29,364
Unit cost growth.. [-2,000]
149 FIELD FEEDING 1,673 1,673
EQUIPMENT.
150 CARGO AERIAL DEL & 43,622 43,622
PERSONNEL PARACHUTE
SYSTEM.
151 FAMILY OF ENGR COMBAT 11,451 11,451
AND CONSTRUCTION
SETS.
152 ITEMS LESS THAN $5M 5,167 5,167
(ENG SPT).
PETROLEUM EQUIPMENT
154 DISTRIBUTION SYSTEMS, 74,867 74,867
PETROLEUM & WATER.
MEDICAL EQUIPMENT
155 COMBAT SUPPORT 68,225 68,225
MEDICAL.
MAINTENANCE EQUIPMENT
156 MOBILE MAINTENANCE 55,053 55,053
EQUIPMENT SYSTEMS.
157 ITEMS LESS THAN $5.0M 5,608 5,608
(MAINT EQ).
CONSTRUCTION
EQUIPMENT
161 HYDRAULIC EXCAVATOR.. 500 500
162 TRACTOR, FULL TRACKED 4,835 4,835
163 ALL TERRAIN CRANES... 23,936 23,936
164 HIGH MOBILITY 27,188 27,188
ENGINEER EXCAVATOR
(HMEE).
166 CONST EQUIP ESP...... 34,790 34,790
167 ITEMS LESS THAN $5.0M 4,381 4,381
(CONST EQUIP).
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
168 ARMY WATERCRAFT ESP.. 35,194 35,194
169 MANEUVER SUPPORT 14,185 14,185
VESSEL (MSV).
170 ITEMS LESS THAN $5.0M 6,920 6,920
(FLOAT/RAIL).
GENERATORS
171 GENERATORS AND 58,566 58,566
ASSOCIATED EQUIP.
172 TACTICAL ELECTRIC 14,814 14,814
POWER
RECAPITALIZATION.
MATERIAL HANDLING
EQUIPMENT
173 FAMILY OF FORKLIFTS.. 14,864 14,864
TRAINING EQUIPMENT
174 COMBAT TRAINING 123,411 123,411
CENTERS SUPPORT.
175 TRAINING DEVICES, 220,707 220,707
NONSYSTEM.
176 SYNTHETIC TRAINING 20,749 15,749
ENVIRONMENT (STE).
Program adjustment [-5,000]
178 AVIATION COMBINED 4,840 4,840
ARMS TACTICAL
TRAINER.
179 GAMING TECHNOLOGY IN 15,463 15,463
SUPPORT OF ARMY
TRAINING.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
180 CALIBRATION SETS 3,030 3,030
EQUIPMENT.
181 INTEGRATED FAMILY OF 76,980 76,980
TEST EQUIPMENT
(IFTE).
182 TEST EQUIPMENT 16,415 13,415
MODERNIZATION
(TEMOD).
Historical [-3,000]
underexecution.
OTHER SUPPORT
EQUIPMENT
184 RAPID EQUIPPING 9,877 9,877
SOLDIER SUPPORT
EQUIPMENT.
185 PHYSICAL SECURITY 82,158 82,158
SYSTEMS (OPA3).
186 BASE LEVEL COMMON 15,340 15,340
EQUIPMENT.
187 MODIFICATION OF IN- 50,458 50,458
SVC EQUIPMENT (OPA-
3).
189 BUILDING, PRE-FAB, 14,400 14,400
RELOCATABLE.
190 SPECIAL EQUIPMENT FOR 9,821 9,821
USER TESTING.
OPA2
192 INITIAL SPARES--C&E.. 9,757 9,757
TOTAL OTHER 7,451,301 7,292,799
PROCUREMENT, ARMY.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
001 F/A-18E/F (FIGHTER) 1,748,934 1,730,934
HORNET.
ECO and ancillary [-18,000]
equipment excess
growth.
002 F/A-18E/F (FIGHTER) 55,128 51,128
HORNET.
Excess engine cost [-4,000]
growth.
003 JOINT STRIKE FIGHTER 2,272,301 2,162,301
CV.
Target cost [-110,000]
savings.
004 JOINT STRIKE FIGHTER 339,053 339,053
CV.
005 JSF STOVL............ 1,342,035 1,256,035
Target cost [-86,000]
savings.
006 JSF STOVL............ 291,804 291,804
007 CH-53K (HEAVY LIFT).. 807,876 807,876
008 CH-53K (HEAVY LIFT).. 215,014 215,014
009 V-22 (MEDIUM LIFT)... 966,666 1,184,766
Program increase.. [248,100]
Support cost [-30,000]
growth.
010 V-22 (MEDIUM LIFT)... 27,104 27,104
011 H-1 UPGRADES (UH-1Y/ 62,003 62,003
AH-1Z).
013 MH-60R (MYP)......... 894 894
014 P-8A POSEIDON........ 1,206,701 1,636,601
Contract [-42,900]
negotiations
savings.
Line shutdown [-68,400]
costs early to
need.
Navy unfunded [541,200]
priority.
016 E-2D ADV HAWKEYE..... 744,484 896,784
GFE excess cost [-3,500]
growth.
Navy unfunded [173,000]
priority.
NRE excess cost [-17,200]
growth.
017 E-2D ADV HAWKEYE..... 190,204 190,204
TRAINER AIRCRAFT
019 ADVANCED HELICOPTER 261,160 261,160
TRAINING SYSTEM.
OTHER AIRCRAFT
020 KC-130J.............. 240,840 221,840
Unit cost growth.. [-19,000]
021 KC-130J.............. 66,061 66,061
022 F-5.................. 39,676 39,676
023 MQ-4 TRITON.......... 473,134 448,134
PGSE excess cost [-25,000]
growth.
024 MQ-4 TRITON.......... 20,139 20,139
025 MQ-8 UAV............. 44,957 44,957
026 STUASL0 UAV.......... 43,819 43,819
028 VH-92A EXECUTIVE HELO 658,067 658,067
MODIFICATION OF
AIRCRAFT
029 AEA SYSTEMS.......... 44,470 44,470
030 AV-8 SERIES.......... 39,472 39,472
031 ADVERSARY............ 3,415 3,415
032 F-18 SERIES.......... 1,207,089 1,138,089
Accelerate RWR [10,000]
modernization.
Early to need..... [-79,000]
033 H-53 SERIES.......... 68,385 68,385
034 MH-60 SERIES......... 149,797 152,297
Demonstrate [2,500]
alternative low
frequency active
sonars.
035 H-1 SERIES........... 114,059 114,059
036 EP-3 SERIES.......... 8,655 8,655
038 E-2 SERIES........... 117,059 117,059
039 TRAINER A/C SERIES... 5,616 5,616
040 C-2A................. 15,747 15,747
041 C-130 SERIES......... 122,671 122,671
042 FEWSG................ 509 509
043 CARGO/TRANSPORT A/C 8,767 8,767
SERIES.
044 E-6 SERIES........... 169,827 169,827
045 EXECUTIVE HELICOPTERS 8,933 8,933
SERIES.
047 T-45 SERIES.......... 186,022 184,314
NRE previously [-1,708]
funded.
048 POWER PLANT CHANGES.. 16,136 16,136
049 JPATS SERIES......... 21,824 21,824
050 AVIATION LIFE SUPPORT 39,762 39,762
MODS.
051 COMMON ECM EQUIPMENT. 162,839 159,565
Program decrease.. [-3,274]
052 COMMON AVIONICS 102,107 75,107
CHANGES.
Computing and [-27,000]
displays
concurrency and
equipment growth
early to need.
053 COMMON DEFENSIVE 2,100 2,100
WEAPON SYSTEM.
054 ID SYSTEMS........... 41,437 33,637
Unjustified unit [-7,800]
cost growth.
055 P-8 SERIES........... 107,539 107,539
056 MAGTF EW FOR AVIATION 26,536 26,536
057 MQ-8 SERIES.......... 34,686 34,686
058 V-22 (TILT/ROTOR 325,367 325,367
ACFT) OSPREY.
059 NEXT GENERATION 6,223 6,223
JAMMER (NGJ).
060 F-35 STOVL SERIES.... 65,585 65,585
061 F-35 CV SERIES....... 15,358 15,358
062 QRC.................. 165,016 146,558
Program decrease.. [-18,458]
063 MQ-4 SERIES.......... 27,994 27,994
064 RQ-21 SERIES......... 66,282 66,282
AIRCRAFT SPARES AND
REPAIR PARTS
067 SPARES AND REPAIR 2,166,788 2,102,788
PARTS.
MQ-4 Triton spares [-64,000]
excess growth.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
068 COMMON GROUND 491,025 470,025
EQUIPMENT.
Other flight [-21,000]
training
previously funded.
069 AIRCRAFT INDUSTRIAL 71,335 71,335
FACILITIES.
070 WAR CONSUMABLES...... 41,086 32,086
BRU-61 previously [-9,000]
funded.
072 SPECIAL SUPPORT 135,740 115,740
EQUIPMENT.
Program decrease.. [-20,000]
073 FIRST DESTINATION 892 892
TRANSPORTATION.
TOTAL AIRCRAFT 18,522,204 18,821,764
PROCUREMENT, NAVY.
WEAPONS PROCUREMENT,
NAVY
MODIFICATION OF
MISSILES
001 TRIDENT II MODS...... 1,177,251 1,157,651
W76-2 low-yield [-19,600]
deployment.
SUPPORT EQUIPMENT &
FACILITIES
002 MISSILE INDUSTRIAL 7,142 7,142
FACILITIES.
STRATEGIC MISSILES
003 TOMAHAWK............. 386,730 386,730
TACTICAL MISSILES
004 AMRAAM............... 224,502 191,502
Unit cost growth.. [-33,000]
005 SIDEWINDER........... 119,456 119,456
007 STANDARD MISSILE..... 404,523 379,523
SM-6 multi-year [-25,000]
procurement
savings.
008 STANDARD MISSILE..... 96,085 96,085
009 SMALL DIAMETER BOMB 118,466 118,466
II.
010 RAM.................. 106,765 106,765
012 HELLFIRE............. 1,525 1,525
015 AERIAL TARGETS....... 145,880 145,880
016 DRONES AND DECOYS.... 20,000 20,000
017 OTHER MISSILE SUPPORT 3,388 3,388
018 LRASM................ 143,200 168,200
Navy unfunded [25,000]
priority.
019 LCS OTH MISSILE...... 38,137 38,137
MODIFICATION OF
MISSILES
020 ESSM................. 128,059 118,059
Production support [-10,000]
excess to need.
021 HARPOON MODS......... 25,447 25,447
022 HARM MODS............ 183,740 183,740
023 STANDARD MISSILES 22,500 22,500
MODS.
SUPPORT EQUIPMENT &
FACILITIES
024 WEAPONS INDUSTRIAL 1,958 1,958
FACILITIES.
025 FLEET SATELLITE COMM 67,380 67,380
FOLLOW-ON.
ORDNANCE SUPPORT
EQUIPMENT
027 ORDNANCE SUPPORT 109,427 109,427
EQUIPMENT.
TORPEDOES AND RELATED
EQUIP
028 SSTD................. 5,561 5,561
029 MK-48 TORPEDO........ 114,000 130,000
Program increase.. [16,000]
030 ASW TARGETS.......... 15,095 15,095
MOD OF TORPEDOES AND
RELATED EQUIP
031 MK-54 TORPEDO MODS... 119,453 111,453
HAAWC cost growth. [-8,000]
032 MK-48 TORPEDO ADCAP 39,508 39,508
MODS.
033 QUICKSTRIKE MINE..... 5,183 5,183
SUPPORT EQUIPMENT
034 TORPEDO SUPPORT 79,028 79,028
EQUIPMENT.
035 ASW RANGE SUPPORT.... 3,890 3,890
DESTINATION
TRANSPORTATION
036 FIRST DESTINATION 3,803 3,803
TRANSPORTATION.
GUNS AND GUN MOUNTS
037 SMALL ARMS AND 14,797 14,797
WEAPONS.
MODIFICATION OF GUNS
AND GUN MOUNTS
038 CIWS MODS............ 44,126 0
Unjustified OCO [-44,126]
request.
039 COAST GUARD WEAPONS.. 44,980 44,980
040 GUN MOUNT MODS....... 66,376 66,376
041 LCS MODULE WEAPONS... 14,585 0
Program decrease.. [-14,585]
043 AIRBORNE MINE 7,160 7,160
NEUTRALIZATION
SYSTEMS.
SPARES AND REPAIR
PARTS
045 SPARES AND REPAIR 126,138 126,138
PARTS.
TOTAL WEAPONS 4,235,244 4,121,933
PROCUREMENT, NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 36,028 20,028
Fuze contract [-16,000]
delay and unit
cost growth.
002 JDAM................. 70,413 62,913
JDAM tail kit unit [-7,500]
cost growth.
003 AIRBORNE ROCKETS, ALL 31,756 22,256
TYPES.
Unit cost growth.. [-9,500]
004 MACHINE GUN 4,793 4,793
AMMUNITION.
005 PRACTICE BOMBS....... 34,708 27,208
Q1300 LGTR unit [-7,500]
cost growth.
006 CARTRIDGES & CART 45,738 38,738
ACTUATED DEVICES.
Contract and [-7,000]
schedule delays.
007 AIR EXPENDABLE 77,301 67,801
COUNTERMEASURES.
Unit cost growth.. [-9,500]
008 JATOS................ 7,262 7,262
009 5 INCH/54 GUN 22,594 22,594
AMMUNITION.
010 INTERMEDIATE CALIBER 37,193 37,193
GUN AMMUNITION.
011 OTHER SHIP GUN 39,491 29,491
AMMUNITION.
CART 20MM contract [-10,000]
award delay.
012 SMALL ARMS & LANDING 47,896 47,896
PARTY AMMO.
013 PYROTECHNIC AND 10,621 10,621
DEMOLITION.
015 AMMUNITION LESS THAN 2,386 2,386
$5 MILLION.
MARINE CORPS
AMMUNITION
016 MORTARS.............. 55,543 50,543
Prior year [-5,000]
underexecution.
017 DIRECT SUPPORT 131,765 131,765
MUNITIONS.
018 INFANTRY WEAPONS 78,056 74,556
AMMUNITION.
Underexecution and [-3,500]
schedule delays.
019 COMBAT SUPPORT 40,048 34,048
MUNITIONS.
Unit cost growth.. [-6,000]
020 AMMO MODERNIZATION... 14,325 14,325
021 ARTILLERY MUNITIONS.. 188,876 167,476
DA 54 contract [-21,400]
delay.
022 ITEMS LESS THAN $5 4,521 4,521
MILLION.
TOTAL PROCUREMENT OF 981,314 878,414
AMMO, NAVY & MC.
SHIPBUILDING AND
CONVERSION, NAVY
FLEET BALLISTIC
MISSILE SHIPS
001 OHIO REPLACEMENT 1,698,907 1,823,907
SUBMARINE.
Submarine supplier [125,000]
development.
OTHER WARSHIPS
002 CARRIER REPLACEMENT 2,347,000 1,952,000
PROGRAM.
Basic construction/ [-302,000]
conversion excess
cost growth.
Propulsion [-93,000]
equipment excess
cost growth.
003 VIRGINIA CLASS 7,155,946 6,605,946
SUBMARINE.
Block V MYP [-550,000]
savings
redirected to
fund USS Boise,
USS Hartford, and
USS Columbus
availabilities.
004 VIRGINIA CLASS 2,769,552 2,769,552
SUBMARINE.
005 CVN REFUELING 647,926 453,926
OVERHAULS.
CVN-74 RCOH basic [-165,000]
construction/
conversion excess
cost growth.
CVN-74 RCOH [-46,000]
ordnance excess
cost growth.
CVN-75 RCOH [17,000]
restoration.
007 DDG 1000............. 155,944 155,944
008 DDG-51............... 5,099,295 5,013,295
Basic ship [-86,000]
construction
excess cost
growth.
009 DDG-51............... 224,028 224,028
011 FFG-FRIGATE.......... 1,281,177 1,266,177
Change order early [-15,000]
to need.
AMPHIBIOUS SHIPS
012 LPD FLIGHT II........ 100,000
Transfer from line [100,000]
13.
013 LPD FLIGHT II........ 247,100 147,100
Transfer to line [-100,000]
12.
017 EXPEDITIONARY FAST 49,000
TRANSPORT (EPF).
Medical transport [49,000]
modification for
EPF-14 Navy
unfunded priority.
AUXILIARIES, CRAFT
AND PRIOR YR PROGRAM
COST
018 TAO FLEET OILER...... 981,215 607,215
Full funding early [-447,000]
to need.
Transfer from Line [73,000]
19.
019 TAO FLEET OILER...... 73,000 0
Transfer to Line [-73,000]
18.
020 TOWING, SALVAGE, AND 150,282 150,282
RESCUE SHIP (ATS).
022 LCU 1700............. 85,670 85,670
023 OUTFITTING........... 754,679 643,554
ESB-9 Outfitting [-11,125]
early to need.
Excess cost growth [-100,000]
024 SHIP TO SHORE 84,800
CONNECTOR.
Program increase.. [130,000]
Program decrease.. [-45,200]
025 SERVICE CRAFT........ 56,289 56,289
028 COMPLETION OF PY 55,700 25,700
SHIPBUILDING
PROGRAMS.
ESB change order [-30,000]
prior year
carryover.
TOTAL SHIPBUILDING 23,783,710 22,214,385
AND CONVERSION, NAVY.
OTHER PROCUREMENT,
NAVY
SHIP PROPULSION
EQUIPMENT
001 SURFACE POWER 14,490 14,490
EQUIPMENT.
GENERATORS
002 SURFACE COMBATANT 31,583 23,503
HM&E.
Excess cost growth [-8,080]
NAVIGATION EQUIPMENT
003 OTHER NAVIGATION 77,404 60,830
EQUIPMENT.
Excess cost growth [-16,574]
OTHER SHIPBOARD
EQUIPMENT
004 SUB PERISCOPE, 160,803 160,803
IMAGING AND SUPT
EQUIP PROG.
005 DDG MOD.............. 566,140 566,140
006 FIREFIGHTING 18,223 18,223
EQUIPMENT.
007 COMMAND AND CONTROL 2,086 2,086
SWITCHBOARD.
008 LHA/LHD MIDLIFE...... 95,651 64,651
Excess cost growth [-31,000]
009 POLLUTION CONTROL 23,910 23,910
EQUIPMENT.
010 SUBMARINE SUPPORT 44,895 25,300
EQUIPMENT.
Acoustic [-11,855]
superiority early
to need.
Excess cost growth [-7,740]
011 VIRGINIA CLASS 28,465 28,465
SUPPORT EQUIPMENT.
012 LCS CLASS SUPPORT 19,426 19,426
EQUIPMENT.
013 SUBMARINE BATTERIES.. 26,290 26,290
014 LPD CLASS SUPPORT 46,945 46,945
EQUIPMENT.
015 DDG 1000 CLASS 9,930 9,930
SUPPORT EQUIPMENT.
016 STRATEGIC PLATFORM 14,331 14,331
SUPPORT EQUIP.
017 DSSP EQUIPMENT....... 2,909 2,909
018 CG MODERNIZATION..... 193,990 193,990
019 LCAC................. 3,392 3,392
020 UNDERWATER EOD 71,240 71,240
PROGRAMS.
021 ITEMS LESS THAN $5 102,543 102,543
MILLION.
022 CHEMICAL WARFARE 2,961 2,961
DETECTORS.
023 SUBMARINE LIFE 6,635 6,635
SUPPORT SYSTEM.
REACTOR PLANT
EQUIPMENT
024 REACTOR POWER UNITS.. 5,340 5,340
025 REACTOR COMPONENTS... 465,726 465,726
OCEAN ENGINEERING
026 DIVING AND SALVAGE 11,854 10,706
EQUIPMENT.
Excess cost growth [-1,148]
SMALL BOATS
027 STANDARD BOATS....... 79,102 73,967
Excess cost growth [-5,135]
PRODUCTION FACILITIES
EQUIPMENT
028 OPERATING FORCES IPE. 202,238 202,238
OTHER SHIP SUPPORT
029 LCS COMMON MISSION 51,553 33,237
MODULES EQUIPMENT.
Excess cost growth [-18,316]
030 LCS MCM MISSION 197,129 77,129
MODULES.
Excess cost growth [-120,000]
031 LCS ASW MISSION 27,754 25,254
MODULES.
Demonstrate [2,500]
alternate low
frequency active
sonar.
Excess cost growth [-5,000]
032 LCS SUW MISSION 26,566 14,566
MODULES.
Excess cost growth [-12,000]
033 LCS IN-SERVICE 84,972 84,972
MODERNIZATION.
034 SMALL & MEDIUM UUV... 40,547 10,601
Early to need..... [-29,946]
LOGISTIC SUPPORT
035 LSD MIDLIFE & 40,269 40,269
MODERNIZATION.
SHIP SONARS
036 SPQ-9B RADAR......... 26,195 26,195
037 AN/SQQ-89 SURF ASW 125,237 125,237
COMBAT SYSTEM.
038 SSN ACOUSTIC 366,968 354,968
EQUIPMENT.
Low cost conformal [-12,000]
array contract
delay.
039 UNDERSEA WARFARE 8,967 8,967
SUPPORT EQUIPMENT.
ASW ELECTRONIC
EQUIPMENT
040 SUBMARINE ACOUSTIC 23,545 23,545
WARFARE SYSTEM.
041 SSTD................. 12,439 12,439
042 FIXED SURVEILLANCE 128,441 128,441
SYSTEM.
043 SURTASS.............. 21,923 21,923
ELECTRONIC WARFARE
EQUIPMENT
044 AN/SLQ-32............ 420,154 420,154
RECONNAISSANCE
EQUIPMENT
045 SHIPBOARD IW EXPLOIT. 194,758 194,758
046 AUTOMATED 5,368 5,368
IDENTIFICATION
SYSTEM (AIS).
OTHER SHIP ELECTRONIC
EQUIPMENT
047 COOPERATIVE 35,128 35,128
ENGAGEMENT
CAPABILITY.
048 NAVAL TACTICAL 15,154 15,154
COMMAND SUPPORT
SYSTEM (NTCSS).
049 ATDLS................ 52,753 52,753
050 NAVY COMMAND AND 3,390 3,390
CONTROL SYSTEM
(NCCS).
051 MINESWEEPING SYSTEM 19,448 19,448
REPLACEMENT.
052 SHALLOW WATER MCM.... 8,730 8,730
053 NAVSTAR GPS RECEIVERS 32,674 32,674
(SPACE).
054 AMERICAN FORCES RADIO 2,617 2,617
AND TV SERVICE.
055 STRATEGIC PLATFORM 7,973 7,973
SUPPORT EQUIP.
AVIATION ELECTRONIC
EQUIPMENT
056 ASHORE ATC EQUIPMENT. 72,406 72,406
057 AFLOAT ATC EQUIPMENT. 67,410 67,410
058 ID SYSTEMS........... 26,059 15,464
OE-120/UPX antenna [-10,595]
insufficient
budget
justification.
059 JOINT PRECISION 92,695 61,348
APPROACH AND LANDING
SYSTEM.
Early to need..... [-31,347]
060 NAVAL MISSION 15,296 15,296
PLANNING SYSTEMS.
OTHER SHORE
ELECTRONIC EQUIPMENT
061 TACTICAL/MOBILE C4I 36,226 36,226
SYSTEMS.
062 DCGS-N............... 21,788 21,788
063 CANES................ 426,654 396,654
Program decrease.. [-30,000]
064 RADIAC............... 6,450 6,450
065 CANES-INTELL......... 52,713 52,713
066 GPETE................ 13,028 13,028
067 MASF................. 5,193 5,193
068 INTEG COMBAT SYSTEM 6,028 6,028
TEST FACILITY.
069 EMI CONTROL 4,209 4,209
INSTRUMENTATION.
070 ITEMS LESS THAN $5 168,436 151,593
MILLION.
Excess cost growth [-16,843]
SHIPBOARD
COMMUNICATIONS
071 SHIPBOARD TACTICAL 55,853 55,853
COMMUNICATIONS.
072 SHIP COMMUNICATIONS 137,861 117,861
AUTOMATION.
STACC cost growth. [-20,000]
073 COMMUNICATIONS ITEMS 35,093 35,093
UNDER $5M.
SUBMARINE
COMMUNICATIONS
074 SUBMARINE BROADCAST 50,833 50,833
SUPPORT.
075 SUBMARINE 69,643 60,643
COMMUNICATION
EQUIPMENT.
Buoy shape [-9,000]
improvement
unjustified
request.
SATELLITE
COMMUNICATIONS
076 SATELLITE 45,841 45,841
COMMUNICATIONS
SYSTEMS.
077 NAVY MULTIBAND 88,021 88,021
TERMINAL (NMT).
SHORE COMMUNICATIONS
078 JOINT COMMUNICATIONS 4,293 4,293
SUPPORT ELEMENT
(JCSE).
CRYPTOGRAPHIC
EQUIPMENT
079 INFO SYSTEMS SECURITY 166,540 166,540
PROGRAM (ISSP).
080 MIO INTEL 968 968
EXPLOITATION TEAM.
CRYPTOLOGIC EQUIPMENT
081 CRYPTOLOGIC 13,090 13,090
COMMUNICATIONS EQUIP.
OTHER ELECTRONIC
SUPPORT
083 COAST GUARD EQUIPMENT 61,370 61,370
SONOBUOYS
085 SONOBUOYS--ALL TYPES. 260,644 296,344
Navy unfunded [35,700]
priority.
AIRCRAFT SUPPORT
EQUIPMENT
086 MINOTAUR............. 5,000 5,000
087 WEAPONS RANGE SUPPORT 101,843 94,843
EQUIPMENT.
Excess cost growth [-7,000]
088 AIRCRAFT SUPPORT 145,601 112,181
EQUIPMENT.
Excess cost growth [-20,000]
Program decrease.. [-13,420]
089 ADVANCED ARRESTING 4,725 4,725
GEAR (AAG).
090 METEOROLOGICAL 14,687 14,687
EQUIPMENT.
092 LEGACY AIRBORNE MCM.. 19,250 19,250
093 LAMPS EQUIPMENT...... 792 792
094 AVIATION SUPPORT 55,415 52,415
EQUIPMENT.
Contract delay.... [-3,000]
095 UMCS-UNMAN CARRIER 32,668 32,668
AVIATION(UCA)MISSION
CNTRL.
SHIP GUN SYSTEM
EQUIPMENT
096 SHIP GUN SYSTEMS 5,451 5,451
EQUIPMENT.
SHIP MISSILE SYSTEMS
EQUIPMENT
097 HARPOON SUPPORT 1,100 1,100
EQUIPMENT.
098 SHIP MISSILE SUPPORT 228,104 243,304
EQUIPMENT.
Excess cost growth [-25,000]
Program increase.. [40,200]
099 TOMAHAWK SUPPORT 78,593 78,593
EQUIPMENT.
FBM SUPPORT EQUIPMENT
100 STRATEGIC MISSILE 280,510 280,510
SYSTEMS EQUIP.
ASW SUPPORT EQUIPMENT
101 SSN COMBAT CONTROL 148,547 138,547
SYSTEMS.
Excess cost growth [-10,000]
102 ASW SUPPORT EQUIPMENT 21,130 21,130
OTHER ORDNANCE
SUPPORT EQUIPMENT
103 EXPLOSIVE ORDNANCE 15,244 15,244
DISPOSAL EQUIP.
104 ITEMS LESS THAN $5 5,071 5,071
MILLION.
OTHER EXPENDABLE
ORDNANCE
105 ANTI-SHIP MISSILE 41,962 41,962
DECOY SYSTEM.
106 SUBMARINE TRAINING 75,057 75,057
DEVICE MODS.
107 SURFACE TRAINING 233,175 189,253
EQUIPMENT.
LCS trainer [-43,922]
equipment early
to need.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
108 PASSENGER CARRYING 4,562 4,562
VEHICLES.
109 GENERAL PURPOSE 10,974 10,974
TRUCKS.
110 CONSTRUCTION & 43,191 43,191
MAINTENANCE EQUIP.
111 FIRE FIGHTING 21,142 11,642
EQUIPMENT.
Contract delays... [-9,500]
112 TACTICAL VEHICLES.... 33,432 32,032
JLTV contract [-1,400]
delay.
114 POLLUTION CONTROL 2,633 2,633
EQUIPMENT.
115 ITEMS UNDER $5 53,467 53,467
MILLION.
116 PHYSICAL SECURITY 1,173 1,173
VEHICLES.
SUPPLY SUPPORT
EQUIPMENT
117 SUPPLY EQUIPMENT..... 16,730 16,730
118 FIRST DESTINATION 5,389 5,389
TRANSPORTATION.
119 SPECIAL PURPOSE 654,674 654,674
SUPPLY SYSTEMS.
TRAINING DEVICES
120 TRAINING SUPPORT 3,633 3,633
EQUIPMENT.
121 TRAINING AND 97,636 82,536
EDUCATION EQUIPMENT.
Reduction in one [-15,100]
Training Support
Vessel.
COMMAND SUPPORT
EQUIPMENT
122 COMMAND SUPPORT 66,102 50,102
EQUIPMENT.
Prior year [-16,000]
underexecution.
123 MEDICAL SUPPORT 3,633 3,633
EQUIPMENT.
125 NAVAL MIP SUPPORT 6,097 6,097
EQUIPMENT.
126 OPERATING FORCES 16,905 16,905
SUPPORT EQUIPMENT.
127 C4ISR EQUIPMENT...... 30,146 30,146
128 ENVIRONMENTAL SUPPORT 21,986 21,986
EQUIPMENT.
129 PHYSICAL SECURITY 160,046 160,046
EQUIPMENT.
130 ENTERPRISE 56,899 56,899
INFORMATION
TECHNOLOGY.
OTHER
133 NEXT GENERATION 122,832 122,832
ENTERPRISE SERVICE.
CLASSIFIED PROGRAMS
133A CLASSIFIED PROGRAMS.. 16,346 16,346
SPARES AND REPAIR
PARTS
134 SPARES AND REPAIR 375,608 352,140
PARTS.
JPALS spares early [-8,137]
to need.
LCS spares early [-15,331]
to need.
TOTAL OTHER 9,652,956 9,146,967
PROCUREMENT, NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
001 AAV7A1 PIP........... 39,495 39,495
002 AMPHIBIOUS COMBAT 317,935 313,135
VEHICLE 1.1.
Excess engineering [-4,800]
change orders.
003 LAV PIP.............. 60,734 60,734
ARTILLERY AND OTHER
WEAPONS
004 155MM LIGHTWEIGHT 25,065 25,065
TOWED HOWITZER.
005 ARTILLERY WEAPONS 100,002 90,002
SYSTEM.
Equipment [-10,000]
previously funded
and cost growth.
006 WEAPONS AND COMBAT 31,945 31,945
VEHICLES UNDER $5
MILLION.
OTHER SUPPORT
007 MODIFICATION KITS.... 22,760 22,760
GUIDED MISSILES
008 GROUND BASED AIR 175,998 175,998
DEFENSE.
009 ANTI-ARMOR MISSILE- 20,207 20,207
JAVELIN.
010 FAMILY ANTI-ARMOR 21,913 21,913
WEAPON SYSTEMS
(FOAAWS).
011 ANTI-ARMOR MISSILE- 60,501 60,501
TOW.
012 GUIDED MLRS ROCKET 29,062 28,062
(GMLRS).
Unit cost [-1,000]
discrepancy.
COMMAND AND CONTROL
SYSTEMS
013 COMMON AVIATION 37,203 32,203
COMMAND AND CONTROL
SYSTEM (C.
AN/MRQ-13 [-5,000]
communications
subsystems
upgrades
unjustified
growth.
REPAIR AND TEST
EQUIPMENT
014 REPAIR AND TEST 55,156 55,156
EQUIPMENT.
OTHER SUPPORT (TEL)
015 MODIFICATION KITS.... 4,945 4,945
COMMAND AND CONTROL
SYSTEM (NON-TEL)
016 ITEMS UNDER $5 112,124 83,124
MILLION (COMM &
ELEC).
Unit cost growth.. [-29,000]
017 AIR OPERATIONS C2 17,408 17,408
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
018 RADAR SYSTEMS........ 329 329
019 GROUND/AIR TASK 273,022 273,022
ORIENTED RADAR (G/
ATOR).
INTELL/COMM EQUIPMENT
(NON-TEL)
021 GCSS-MC.............. 4,484 4,484
022 FIRE SUPPORT SYSTEM.. 35,488 35,488
023 INTELLIGENCE SUPPORT 56,896 54,396
EQUIPMENT.
Unjustified growth [-2,500]
025 UNMANNED AIR SYSTEMS 34,711 34,711
(INTEL).
026 DCGS-MC.............. 32,562 32,562
OTHER SUPPORT (NON-
TEL)
030 NEXT GENERATION 114,901 114,901
ENTERPRISE NETWORK
(NGEN).
031 COMMON COMPUTER 51,094 51,094
RESOURCES.
032 COMMAND POST SYSTEMS. 108,897 108,897
033 RADIO SYSTEMS........ 227,320 212,320
Cost growth and [-15,000]
early to need.
034 COMM SWITCHING & 31,685 23,685
CONTROL SYSTEMS.
ECP small form [-8,000]
factor previously
funded.
035 COMM & ELEC 21,140 21,140
INFRASTRUCTURE
SUPPORT.
036 CYBERSPACE ACTIVITIES 27,632 27,632
CLASSIFIED PROGRAMS
036A CLASSIFIED PROGRAMS.. 5,535 5,535
ADMINISTRATIVE
VEHICLES
037 COMMERCIAL CARGO 28,913 28,913
VEHICLES.
TACTICAL VEHICLES
038 MOTOR TRANSPORT 19,234 19,234
MODIFICATIONS.
039 JOINT LIGHT TACTICAL 558,107 556,107
VEHICLE.
ECP previously [-2,000]
funded.
040 FAMILY OF TACTICAL 2,693 2,693
TRAILERS.
ENGINEER AND OTHER
EQUIPMENT
041 ENVIRONMENTAL CONTROL 495 495
EQUIP ASSORT.
042 TACTICAL FUEL SYSTEMS 52 52
043 POWER EQUIPMENT 22,441 22,441
ASSORTED.
044 AMPHIBIOUS SUPPORT 7,101 7,101
EQUIPMENT.
045 EOD SYSTEMS.......... 44,700 44,700
MATERIALS HANDLING
EQUIPMENT
046 PHYSICAL SECURITY 15,404 15,404
EQUIPMENT.
GENERAL PROPERTY
047 FIELD MEDICAL 2,898 2,898
EQUIPMENT.
048 TRAINING DEVICES..... 149,567 126,567
ODS unjustified [-23,000]
request.
049 FAMILY OF 35,622 35,622
CONSTRUCTION
EQUIPMENT.
050 ULTRA-LIGHT TACTICAL 647 647
VEHICLE (ULTV).
OTHER SUPPORT
051 ITEMS LESS THAN $5 10,956 10,956
MILLION.
SPARES AND REPAIR
PARTS
052 SPARES AND REPAIR 33,470 33,470
PARTS.
TOTAL PROCUREMENT, 3,090,449 2,990,149
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
TACTICAL FORCES
001 F-35................. 4,274,359 5,126,409
Program increase.. [1,042,800]
Target cost [-190,750]
savings.
002 F-35................. 655,500 655,500
003 F-15E................ 1,050,000 941,000
Unjustified non- [-109,000]
recurring
engineering.
TACTICAL AIRLIFT
005 KC-46A MDAP.......... 2,234,529 2,199,705
Excess to need.... [-34,824]
OTHER AIRLIFT
006 C-130J............... 12,156 404,156
Program increase.. [392,000]
008 MC-130J.............. 871,207 871,207
009 MC-130J.............. 40,000 40,000
HELICOPTERS
010 COMBAT RESCUE 884,235 876,235
HELICOPTER.
Excess to need.... [-8,000]
MISSION SUPPORT
AIRCRAFT
011 C-37A................ 161,000 161,000
012 CIVIL AIR PATROL A/C. 2,767 2,767
OTHER AIRCRAFT
014 TARGET DRONES........ 130,837 130,837
015 COMPASS CALL......... 114,095 114,095
017 MQ-9................. 189,205 313,005
Program increase.. [137,800]
Unit cost growth.. [-14,000]
STRATEGIC AIRCRAFT
019 B-2A................. 9,582 9,582
020 B-1B................. 22,111 22,111
021 B-52................. 69,648 69,648
022 LARGE AIRCRAFT 43,758 43,758
INFRARED
COUNTERMEASURES.
TACTICAL AIRCRAFT
023 A-10................. 132,069 132,069
024 E-11 BACN/HAG........ 70,027 90,027
Aircraft increase. [20,000]
025 F-15................. 481,073 480,443
F-15C MUOS ahead [-630]
of need.
026 F-16................. 234,782 234,782
028 F-22A................ 323,597 323,597
030 F-35 MODIFICATIONS... 343,590 343,590
031 F-15 EPAW............ 149,047 25,047
Prior-year [-124,000]
carryover.
032 INCREMENT 3.2B....... 20,213 20,213
033 KC-46A MDAP.......... 10,213 3,639
Excess to need.... [-6,574]
AIRLIFT AIRCRAFT
034 C-5.................. 73,550 73,550
036 C-17A................ 60,244 60,244
037 C-21................. 216 216
038 C-32A................ 11,511 11,511
039 C-37A................ 435 435
TRAINER AIRCRAFT
040 GLIDER MODS.......... 138 138
041 T-6.................. 11,826 11,826
042 T-1.................. 26,787 26,787
043 T-38................. 37,341 45,041
T-38 A/B ejection [7,700]
seat safety.
OTHER AIRCRAFT
044 U-2 MODS............. 86,896 119,896
Increase for U-2 [33,000]
enhancements.
045 KC-10A (ATCA)........ 2,108 2,108
046 C-12................. 3,021 3,021
047 VC-25A MOD........... 48,624 48,624
048 C-40................. 256 256
049 C-130................ 52,066 186,066
3.5 Engine [79,000]
Enhancement
Package.
NP-2000 prop blade [55,000]
upgrades.
050 C-130J MODS.......... 141,686 141,686
051 C-135................ 124,491 124,491
053 COMPASS CALL......... 110,754 110,754
054 COMBAT FLIGHT 508 508
INSPECTION--CFIN.
055 RC-135............... 227,673 227,673
056 E-3.................. 216,299 216,299
057 E-4.................. 58,477 58,477
058 E-8.................. 28,778 56,778
Increase for re- [28,000]
engining.
059 AIRBORNE WARNING AND 36,000 36,000
CNTRL SYS (AWACS) 40/
45.
060 FAMILY OF BEYOND LINE- 7,910 7,910
OF-SIGHT TERMINALS.
061 H-1.................. 3,817 3,817
062 H-60................. 20,879 20,879
063 RQ-4 MODS............ 1,704 1,704
064 HC/MC-130 51,482 51,482
MODIFICATIONS.
065 OTHER AIRCRAFT....... 50,098 50,098
066 MQ-9 MODS............ 383,594 251,594
Production rate [-132,000]
adjustment of DAS-
4 sensor.
068 CV-22 MODS........... 65,348 65,348
AIRCRAFT SPARES AND
REPAIR PARTS
069 INITIAL SPARES/REPAIR 708,230 584,830
PARTS.
Unjustified F-15C [-123,400]
requirements.
COMMON SUPPORT
EQUIPMENT
072 AIRCRAFT REPLACEMENT 84,938 84,938
SUPPORT EQUIP.
POST PRODUCTION
SUPPORT
073 B-2A................. 1,403 1,403
074 B-2B................. 42,234 42,234
075 B-52................. 4,641 4,641
076 C-17A................ 124,805 124,805
079 F-15................. 2,589 2,589
081 F-16................. 15,348 14,748
Line shutdown [-600]
early to need.
084 RQ-4 POST PRODUCTION 47,246 47,246
CHARGES.
INDUSTRIAL
PREPAREDNESS
086 INDUSTRIAL 17,705 17,705
RESPONSIVENESS.
WAR CONSUMABLES
087 WAR CONSUMABLES...... 32,102 32,102
OTHER PRODUCTION
CHARGES
088 OTHER PRODUCTION 1,194,728 1,106,728
CHARGES.
F-22 NGEN lab [-72,000]
excess.
RQ-4 delayed [-16,000]
obligations.
CLASSIFIED PROGRAMS
090A CLASSIFIED PROGRAMS.. 34,193 34,193
TOTAL AIRCRAFT 16,784,279 17,747,801
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
MISSILE REPLACEMENT
EQUIPMENT--BALLISTIC
001 MISSILE REPLACEMENT 55,888 55,888
EQ-BALLISTIC.
TACTICAL
002 REPLAC EQUIP & WAR 9,100 9,100
CONSUMABLES.
003 JOINT AIR-TO-GROUND 15,000 0
MUNITION.
Unjustified [-15,000]
requirement (JAGM-
F).
004 JOINT AIR-SURFACE 482,525 482,525
STANDOFF MISSILE.
006 SIDEWINDER (AIM-9X).. 160,408 160,408
007 AMRAAM............... 332,250 332,250
008 PREDATOR HELLFIRE 118,860 111,160
MISSILE.
Unit cost savings. [-7,700]
009 SMALL DIAMETER BOMB.. 275,438 275,438
010 SMALL DIAMETER BOMB 212,434 201,434
II.
Unit cost growth.. [-11,000]
INDUSTRIAL FACILITIES
011 INDUSTR'L PREPAREDNS/ 801 801
POL PREVENTION.
CLASS IV
012 ICBM FUZE MOD........ 5,000 5,000
013 ICBM FUZE MOD........ 14,497 14,497
014 MM III MODIFICATIONS. 50,831 50,831
015 AGM-65D MAVERICK..... 294 294
016 AIR LAUNCH CRUISE 77,387 77,387
MISSILE (ALCM).
MISSILE SPARES AND
REPAIR PARTS
018 MSL SPRS/REPAIR PARTS 1,910 1,910
(INITIAL).
019 REPLEN SPARES/REPAIR 82,490 82,490
PARTS.
SPECIAL PROGRAMS
023 SPECIAL UPDATE 144,553 144,553
PROGRAMS.
CLASSIFIED PROGRAMS
023A CLASSIFIED PROGRAMS.. 849,521 849,521
TOTAL MISSILE 2,889,187 2,855,487
PROCUREMENT, AIR
FORCE.
SPACE PROCUREMENT,
AIR FORCE
SPACE PROGRAMS
001 ADVANCED EHF......... 31,894 31,894
002 AF SATELLITE COMM 56,298 56,298
SYSTEM.
004 COUNTERSPACE SYSTEMS. 5,700 5,700
005 FAMILY OF BEYOND LINE- 34,020 24,020
OF-SIGHT TERMINALS.
Unjustified growth [-10,000]
007 GENERAL INFORMATION 3,244 3,244
TECH--SPACE.
008 GPSIII FOLLOW ON..... 414,625 414,625
009 GPS III SPACE SEGMENT 31,466 31,466
012 SPACEBORNE EQUIP 32,031 32,031
(COMSEC).
013 MILSATCOM............ 11,096 11,096
015 EVOLVED EXPENDABLE 1,237,635 1,237,635
LAUNCH VEH(SPACE).
016 SBIR HIGH (SPACE).... 233,952 218,012
Unjustified growth [-15,940]
017 NUDET DETECTION 7,432 7,432
SYSTEM.
018 ROCKET SYSTEMS LAUNCH 11,473 11,473
PROGRAM.
019 SPACE FENCE.......... 71,784 50,284
Unjustified growth [-21,500]
020 SPACE MODS........... 106,330 86,330
Unjustified growth [-20,000]
021 SPACELIFT RANGE 118,140 118,140
SYSTEM SPACE.
SSPARES
022 SPARES AND REPAIR 7,263 7,263
PARTS.
TOTAL SPACE 2,414,383 2,346,943
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 133,268 115,268
APKWS Mk 66 rocket [-18,000]
motor price
adjustment.
CARTRIDGES
002 CARTRIDGES........... 140,449 140,449
BOMBS
003 PRACTICE BOMBS....... 29,313 29,313
004 GENERAL PURPOSE BOMBS 85,885 85,885
006 JOINT DIRECT ATTACK 1,066,224 1,019,224
MUNITION.
LJDAM sensor cost [-10,000]
adjustment.
Tailkit unit cost [-37,000]
adjustment.
007 B61.................. 80,773 80,773
OTHER ITEMS
009 CAD/PAD.............. 47,069 47,069
010 EXPLOSIVE ORDNANCE 6,133 6,133
DISPOSAL (EOD).
011 SPARES AND REPAIR 533 533
PARTS.
012 MODIFICATIONS........ 1,291 1,291
013 ITEMS LESS THAN 1,677 1,677
$5,000,000.
FLARES
015 FLARES............... 36,116 36,116
FUZES
016 FUZES................ 1,734 1,734
SMALL ARMS
017 SMALL ARMS........... 37,496 32,496
Program decrease.. [-5,000]
TOTAL PROCUREMENT OF 1,667,961 1,597,961
AMMUNITION, AIR
FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 15,238 15,238
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL 34,616 29,616
VEHICLE.
Unjustified unit [-5,000]
cost increases.
003 CAP VEHICLES......... 1,040 3,567
Program increase-- [1,867]
communications.
Program increase-- [660]
vehicles.
004 CARGO AND UTILITY 23,133 18,588
VEHICLES.
Program increase.. [455]
Program reduction. [-5,000]
SPECIAL PURPOSE
VEHICLES
005 JOINT LIGHT TACTICAL 32,027 22,027
VEHICLE.
Program reduction. [-10,000]
006 SECURITY AND TACTICAL 1,315 1,315
VEHICLES.
007 SPECIAL PURPOSE 14,593 9,593
VEHICLES.
Program reduction-- [-5,000]
prior year
carryover.
FIRE FIGHTING
EQUIPMENT
008 FIRE FIGHTING/CRASH 28,604 28,604
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
009 MATERIALS HANDLING 21,848 21,848
VEHICLES.
BASE MAINTENANCE
SUPPORT
010 RUNWAY SNOW REMOV AND 2,925 3,259
CLEANING EQU.
Program increase.. [334]
011 BASE MAINTENANCE 55,776 52,876
SUPPORT VEHICLES.
Program increase.. [2,100]
Program reduction. [-5,000]
COMM SECURITY
EQUIPMENT(COMSEC)
013 COMSEC EQUIPMENT..... 91,461 91,461
INTELLIGENCE PROGRAMS
014 INTERNATIONAL INTEL 11,386 11,386
TECH & ARCHITECTURES.
015 INTELLIGENCE TRAINING 7,619 7,619
EQUIPMENT.
016 INTELLIGENCE COMM 35,558 32,058
EQUIPMENT.
IMAD unjustified [-3,500]
procurement.
ELECTRONICS PROGRAMS
017 AIR TRAFFIC CONTROL & 17,939 17,939
LANDING SYS.
019 BATTLE CONTROL 3,063 3,063
SYSTEM--FIXED.
021 WEATHER OBSERVATION 31,447 31,447
FORECAST.
022 STRATEGIC COMMAND AND 5,090 5,090
CONTROL.
023 CHEYENNE MOUNTAIN 10,145 10,145
COMPLEX.
024 MISSION PLANNING 14,508 14,508
SYSTEMS.
026 INTEGRATED STRAT PLAN 9,901 9,901
& ANALY NETWORK
(ISPAN).
SPCL COMM-ELECTRONICS
PROJECTS
027 GENERAL INFORMATION 26,933 26,933
TECHNOLOGY.
028 AF GLOBAL COMMAND & 2,756 2,756
CONTROL SYS.
029 BATTLEFIELD AIRBORNE 48,478 48,478
CONTROL NODE (BACN).
030 MOBILITY COMMAND AND 21,186 21,186
CONTROL.
031 AIR FORCE PHYSICAL 178,361 158,361
SECURITY SYSTEM.
Program reduction. [-20,000]
032 COMBAT TRAINING 233,993 247,593
RANGES.
Joint threat [13,600]
emitter increase.
033 MINIMUM ESSENTIAL 132,648 132,648
EMERGENCY COMM N.
034 WIDE AREA 80,818 47,929
SURVEILLANCE (WAS).
Program decrease.. [-32,889]
035 C3 COUNTERMEASURES... 25,036 25,036
036 INTEGRATED PERSONNEL 20,900 20,900
AND PAY SYSTEM.
037 GCSS-AF FOS.......... 11,226 11,226
038 DEFENSE ENTERPRISE 1,905 1,905
ACCOUNTING & MGT SYS.
039 MAINTENANCE REPAIR & 1,912 1,912
OVERHAUL INITIATIVE.
040 THEATER BATTLE MGT C2 6,337 6,337
SYSTEM.
041 AIR & SPACE 33,243 33,243
OPERATIONS CENTER
(AOC).
AIR FORCE
COMMUNICATIONS
043 BASE INFORMATION 69,530 59,530
TRANSPT INFRAST
(BITI) WIRED.
Program decrease.. [-10,000]
044 AFNET................ 147,063 147,063
045 JOINT COMMUNICATIONS 6,505 6,505
SUPPORT ELEMENT
(JCSE).
046 --ENTCOM............. 20,190 20,190
047 USSTRATCOM........... 11,244 11,244
ORGANIZATION AND BASE
048 TACTICAL C-E 143,757 143,757
EQUIPMENT.
050 RADIO EQUIPMENT...... 15,402 15,402
051 CCTV/AUDIOVISUAL 3,211 3,211
EQUIPMENT.
052 BASE COMM 43,123 43,123
INFRASTRUCTURE.
MODIFICATIONS
053 COMM ELECT MODS...... 14,500 14,500
PERSONAL SAFETY &
RESCUE EQUIP
054 PERSONAL SAFETY AND 50,634 47,634
RESCUE EQUIPMENT.
Unit cost increase [-3,000]
and early to need.
DEPOT PLANT+MTRLS
HANDLING EQ
055 POWER CONDITIONING 11,000 11,000
EQUIPMENT.
056 MECHANIZED MATERIAL 11,901 11,901
HANDLING EQUIP.
BASE SUPPORT
EQUIPMENT
057 BASE PROCURED 23,963 23,963
EQUIPMENT.
058 ENGINEERING AND EOD 34,124 34,124
EQUIPMENT.
059 MOBILITY EQUIPMENT... 26,439 26,439
060 FUELS SUPPORT 24,255 24,255
EQUIPMENT (FSE).
061 BASE MAINTENANCE AND 38,986 38,986
SUPPORT EQUIPMENT.
SPECIAL SUPPORT
PROJECTS
063 DARP RC135........... 26,716 26,716
064 DCGS-AF.............. 116,055 116,055
066 SPECIAL UPDATE 835,148 835,148
PROGRAM.
CLASSIFIED PROGRAMS
066A CLASSIFIED PROGRAMS.. 18,292,807 18,292,807
SPARES AND REPAIR
PARTS
067 SPARES AND REPAIR 81,340 81,340
PARTS.
TOTAL OTHER 21,342,857 21,262,484
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, OSD
022 MAJOR EQUIPMENT, DPAA 1,504 1,504
045 MAJOR EQUIPMENT, OSD. 43,705 43,705
MAJOR EQUIPMENT, NSA
044 INFORMATION SYSTEMS 1,533 133
SECURITY PROGRAM
(ISSP).
Realignment to [-1,400]
DISA for
Sharkseer.
MAJOR EQUIPMENT, WHS
049 MAJOR EQUIPMENT, WHS. 507 507
MAJOR EQUIPMENT, DISA
008 INFORMATION SYSTEMS 3,318 4,718
SECURITY.
Realignment for [1,400]
Sharkseer.
009 TELEPORT PROGRAM..... 25,103 25,103
010 ITEMS LESS THAN $5 26,416 26,416
MILLION.
012 DEFENSE INFORMATION 17,574 17,574
SYSTEM NETWORK.
014 WHITE HOUSE 45,079 45,079
COMMUNICATION AGENCY.
015 SENIOR LEADERSHIP 78,669 78,669
ENTERPRISE.
016 JOINT REGIONAL 88,000 83,000
SECURITY STACKS
(JRSS).
Program decrease.. [-5,000]
017 JOINT SERVICE 107,907 107,907
PROVIDER.
MAJOR EQUIPMENT, DLA
019 MAJOR EQUIPMENT...... 8,122 8,122
MAJOR EQUIPMENT, DSS
023 MAJOR EQUIPMENT...... 496 496
MAJOR EQUIPMENT, TJS
046 MAJOR EQUIPMENT, TJS. 6,905 6,905
047 MAJOR EQUIPMENT--TJS 1,458 1,458
CYBER.
MAJOR EQUIPMENT,
MISSILE DEFENSE
AGENCY
028 THAAD................ 425,863 425,863
029 GROUND BASED 9,471 9,471
MIDCOURSE.
031 AEGIS BMD............ 600,773 600,773
032 AEGIS BMD............ 96,995 96,995
033 BMDS AN/TPY-2 RADARS. 10,046 10,046
034 ARROW 3 UPPER TIER 55,000 55,000
SYSTEMS.
035 SHORT RANGE BALLISTIC 50,000 50,000
MISSILE DEFENSE
(SRBMD).
036 AEGIS ASHORE PHASE 25,659 25,659
III.
037 IRON DOME............ 95,000 95,000
038 AEGIS BMD HARDWARE 124,986 124,986
AND SOFTWARE.
MAJOR EQUIPMENT, DHRA
003 PERSONNEL 5,030 5,030
ADMINISTRATION.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
025 VEHICLES............. 211 211
026 OTHER MAJOR EQUIPMENT 11,521 11,521
MAJOR EQUIPMENT,
DODEA
021 AUTOMATION/ 1,320 1,320
EDUCATIONAL SUPPORT
& LOGISTICS.
MAJOR EQUIPMENT, DCMA
002 MAJOR EQUIPMENT...... 2,432 2,432
MAJOR EQUIPMENT,
DMACT
020 MAJOR EQUIPMENT...... 10,961 10,961
CLASSIFIED PROGRAMS
049A CLASSIFIED PROGRAMS.. 589,366 589,366
AVIATION PROGRAMS
053 ROTARY WING UPGRADES 172,020 172,020
AND SUSTAINMENT.
054 UNMANNED ISR......... 15,208 15,208
055 NON-STANDARD AVIATION 32,310 32,310
056 U-28................. 10,898 10,898
057 MH-47 CHINOOK........ 173,812 170,312
Excess growth..... [-3,500]
058 CV-22 MODIFICATION... 17,256 17,256
059 MQ-9 UNMANNED AERIAL 5,338 5,338
VEHICLE.
060 PRECISION STRIKE 232,930 232,930
PACKAGE.
061 AC/MC-130J........... 173,419 153,119
Realignment for [-8,500]
RFCM.
Realignment to [-8,800]
Future Vertical
Lift.
RFCM excess to [-3,000]
need.
062 C-130 MODIFICATIONS.. 15,582 15,582
SHIPBUILDING
063 UNDERWATER SYSTEMS... 58,991 58,991
AMMUNITION PROGRAMS
064 ORDNANCE ITEMS <$5M.. 279,992 279,992
OTHER PROCUREMENT
PROGRAMS
065 INTELLIGENCE SYSTEMS. 100,641 100,641
066 DISTRIBUTED COMMON 12,522 12,522
GROUND/SURFACE
SYSTEMS.
067 OTHER ITEMS <$5M..... 103,910 103,910
068 COMBATANT CRAFT 33,088 33,088
SYSTEMS.
069 SPECIAL PROGRAMS..... 63,467 63,467
070 TACTICAL VEHICLES.... 77,832 77,832
071 WARRIOR SYSTEMS <$5M. 298,480 298,480
072 COMBAT MISSION 19,702 19,702
REQUIREMENTS.
073 GLOBAL VIDEO 4,787 4,787
SURVEILLANCE
ACTIVITIES.
074 OPERATIONAL 8,175 8,175
ENHANCEMENTS
INTELLIGENCE.
075 OPERATIONAL 282,532 282,532
ENHANCEMENTS.
CBDP
076 CHEMICAL BIOLOGICAL 162,406 162,406
SITUATIONAL
AWARENESS.
077 CB PROTECTION & 188,188 188,188
HAZARD MITIGATION.
TOTAL PROCUREMENT, 5,114,416 5,085,616
DEFENSE-WIDE.
JOINT URGENT
OPERATIONAL NEEDS
FUND
JOINT URGENT
OPERATIONAL NEEDS
FUND
001 JOINT URGENT 99,200 0
OPERATIONAL NEEDS
FUND.
Program decrease.. [-99,200]
TOTAL JOINT URGENT 99,200 0
OPERATIONAL NEEDS
FUND.
TOTAL PROCUREMENT.... 132,343,701 130,592,919
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2020 House
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
003 MQ-1 UAV............. 54,000 54,000
ROTARY
015 CH-47 HELICOPTER..... 25,000 25,000
MODIFICATION OF
AIRCRAFT
021 MULTI SENSOR ABN 80,260 80,260
RECON (MIP).
024 GRCS SEMA MODS (MIP). 750 750
026 EMARSS SEMA MODS 22,180 22,180
(MIP).
027 UTILITY/CARGO 8,362 8,362
AIRPLANE MODS.
029 NETWORK AND MISSION 10 10
PLAN.
031 DEGRADED VISUAL 49,450 0
ENVIRONMENT.
Early to need.... [-49,450]
GROUND SUPPORT
AVIONICS
037 CMWS................. 130,219 130,219
038 COMMON INFRARED 9,310 9,310
COUNTERMEASURES
(CIRCM).
OTHER SUPPORT
045 LAUNCHER GUIDED 2,000 2,000
MISSILE: LONGBOW
HELLFIRE XM2.
TOTAL AIRCRAFT 381,541 332,091
PROCUREMENT, ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
002 M-SHORAD--PROCUREMENT 158,300 158,300
003 MSE MISSILE.......... 37,938 37,938
AIR-TO-SURFACE
MISSILE SYSTEM
006 HELLFIRE SYS SUMMARY. 236,265 236,265
ANTI-TANK/ASSAULT
MISSILE SYS
008 JAVELIN (AAWS-M) 4,389 4,389
SYSTEM SUMMARY.
011 GUIDED MLRS ROCKET 431,596 431,596
(GMLRS).
014 ARMY TACTICAL MSL SYS 130,770 130,770
(ATACMS)--SYS SUM.
015 LETHAL MINIATURE 83,300 83,300
AERIAL MISSILE
SYSTEM (LMAMS.
MODIFICATIONS
019 STINGER MODS......... 7,500 7,500
022 MLRS MODS............ 348,000 325,000
Excess to need... [-23,000]
TOTAL MISSILE 1,438,058 1,415,058
PROCUREMENT, ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT
VEHICLES
002 ARMORED MULTI PURPOSE 221,638 221,638
VEHICLE (AMPV).
MODIFICATION OF
TRACKED COMBAT
VEHICLES
003 STRYKER (MOD)........ 4,100 4,100
008 IMPROVED RECOVERY 80,146 80,146
VEHICLE (M88A2
HERCULES).
013 M1 ABRAMS TANK (MOD). 13,100 13,100
WEAPONS & OTHER
COMBAT VEHICLES
015 M240 MEDIUM MACHINE 900 900
GUN (7.62MM).
016 MULTI-ROLE ANTI-ARMOR 2,400 2,400
ANTI-PERSONNEL
WEAPON S.
019 MORTAR SYSTEMS....... 18,941 18,941
020 XM320 GRENADE 526 526
LAUNCHER MODULE
(GLM).
023 CARBINE.............. 1,183 1,183
025 COMMON REMOTELY 4,182 4,182
OPERATED WEAPONS
STATION.
026 HANDGUN.............. 248 248
MOD OF WEAPONS AND
OTHER COMBAT VEH
031 M2 50 CAL MACHINE GUN 6,090 6,090
MODS.
TOTAL PROCUREMENT OF 353,454 353,454
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 567 567
TYPES.
002 CTG, 7.62MM, ALL 40 40
TYPES.
003 CTG, HANDGUN, ALL 17 17
TYPES.
004 CTG, .50 CAL, ALL 189 189
TYPES.
007 CTG, 30MM, ALL TYPES. 24,900 24,900
ARTILLERY AMMUNITION
015 PROJ 155MM EXTENDED 36,052 36,052
RANGE M982.
016 ARTILLERY 7,271 7,271
PROPELLANTS, FUZES
AND PRIMERS, ALL.
ROCKETS
018 SHOULDER LAUNCHED 176 176
MUNITIONS, ALL TYPES.
019 ROCKET, HYDRA 70, ALL 79,459 79,459
TYPES.
MISCELLANEOUS
027 ITEMS LESS THAN $5 11 11
MILLION (AMMO).
TOTAL PROCUREMENT OF 148,682 148,682
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
010 FAMILY OF HEAVY 26,917 26,917
TACTICAL VEHICLES
(FHTV).
011 PLS ESP.............. 16,941 16,941
012 HVY EXPANDED MOBILE 62,734 62,734
TACTICAL TRUCK EXT
SERV.
014 TACTICAL WHEELED 50,000 50,000
VEHICLE PROTECTION
KITS.
015 MODIFICATION OF IN 28,000 28,000
SVC EQUIP.
COMM--JOINT
COMMUNICATIONS
022 TACTICAL NETWORK 40,000 40,000
TECHNOLOGY MOD IN
SVC.
COMM--SATELLITE
COMMUNICATIONS
029 TRANSPORTABLE 6,930 6,930
TACTICAL COMMAND
COMMUNICATIONS.
031 ASSURED POSITIONING, 11,778 11,778
NAVIGATION AND
TIMING.
032 SMART-T (SPACE)...... 825 825
COMM--COMBAT
COMMUNICATIONS
040 RADIO TERMINAL SET, 350 350
MIDS LVT(2).
047 COTS COMMUNICATIONS 20,400 20,400
EQUIPMENT.
048 FAMILY OF MED COMM 1,231 1,231
FOR COMBAT CASUALTY
CARE.
COMM--INTELLIGENCE
COMM
051 CI AUTOMATION 6,200 6,200
ARCHITECTURE (MIP).
COMM--LONG HAUL
COMMUNICATIONS
059 BASE SUPPORT 20,482 15,482
COMMUNICATIONS.
Insufficient [-5,000]
budget
justification.
COMM--BASE
COMMUNICATIONS
060 INFORMATION SYSTEMS.. 55,800 50,800
Unjustified [-5,000]
growth.
063 INSTALLATION INFO 75,820 75,820
INFRASTRUCTURE MOD
PROGRAM.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
068 DCGS-A (MIP)......... 38,613 38,613
070 TROJAN (MIP)......... 1,337 1,337
071 MOD OF IN-SVC EQUIP 2,051 2,051
(INTEL SPT) (MIP).
075 BIOMETRIC TACTICAL 1,800 1,800
COLLECTION DEVICES
(MIP).
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
082 FAMILY OF PERSISTENT 71,493 31,493
SURVEILLANCE CAP.
(MIP).
Unjustified [-40,000]
growth.
083 COUNTERINTELLIGENCE/ 6,917 6,917
SECURITY
COUNTERMEASURES.
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
085 SENTINEL MODS........ 20,000 20,000
086 NIGHT VISION DEVICES. 3,676 3,676
094 JOINT BATTLE COMMAND-- 25,568 25,568
PLATFORM (JBC-P).
097 COMPUTER BALLISTICS: 570 570
LHMBC XM32.
098 MORTAR FIRE CONTROL 15,975 15,975
SYSTEM.
ELECT EQUIP--TACTICAL
C2 SYSTEMS
103 AIR & MSL DEFENSE 14,331 14,331
PLANNING & CONTROL
SYS.
ELECT EQUIP--
AUTOMATION
112 ARMY TRAINING 6,014 6,014
MODERNIZATION.
113 AUTOMATED DATA 32,700 32,700
PROCESSING EQUIP.
CHEMICAL DEFENSIVE
EQUIPMENT
124 FAMILY OF NON-LETHAL 25,480 25,480
EQUIPMENT (FNLE).
125 BASE DEFENSE SYSTEMS 47,110 47,110
(BDS).
126 CBRN DEFENSE......... 18,711 18,711
BRIDGING EQUIPMENT
128 TACTICAL BRIDGING.... 4,884 4,884
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
133 GRND STANDOFF MINE 4,500 4,500
DETECTN SYSM
(GSTAMIDS).
135 HUSKY MOUNTED 34,253 34,253
DETECTION SYSTEM
(HMDS).
136 ROBOTIC COMBAT 3,300 3,300
SUPPORT SYSTEM
(RCSS).
140 RENDER SAFE SETS KITS 84,000 84,000
OUTFITS.
COMBAT SERVICE
SUPPORT EQUIPMENT
143 HEATERS AND ECU'S.... 8 8
145 PERSONNEL RECOVERY 5,101 5,101
SUPPORT SYSTEM
(PRSS).
146 GROUND SOLDIER SYSTEM 1,760 1,760
148 FORCE PROVIDER....... 56,400 56,400
150 CARGO AERIAL DEL & 2,040 2,040
PERSONNEL PARACHUTE
SYSTEM.
PETROLEUM EQUIPMENT
154 DISTRIBUTION SYSTEMS, 13,986 13,986
PETROLEUM & WATER.
MEDICAL EQUIPMENT
155 COMBAT SUPPORT 2,735 2,735
MEDICAL.
CONSTRUCTION
EQUIPMENT
159 SCRAPERS, EARTHMOVING 4,669 4,669
160 LOADERS.............. 380 380
162 TRACTOR, FULL TRACKED 8,225 8,225
164 HIGH MOBILITY 3,000 3,000
ENGINEER EXCAVATOR
(HMEE).
166 CONST EQUIP ESP...... 3,870 3,870
167 ITEMS LESS THAN $5.0M 350 350
(CONST EQUIP).
GENERATORS
171 GENERATORS AND 2,436 2,436
ASSOCIATED EQUIP.
MATERIAL HANDLING
EQUIPMENT
173 FAMILY OF FORKLIFTS.. 5,152 5,152
TRAINING EQUIPMENT
175 TRAINING DEVICES, 2,106 2,106
NONSYSTEM.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
181 INTEGRATED FAMILY OF 1,395 1,395
TEST EQUIPMENT
(IFTE).
OTHER SUPPORT
EQUIPMENT
184 RAPID EQUIPPING 24,122 24,122
SOLDIER SUPPORT
EQUIPMENT.
185 PHYSICAL SECURITY 10,016 10,016
SYSTEMS (OPA3).
187 MODIFICATION OF IN- 33,354 33,354
SVC EQUIPMENT (OPA-
3).
189 BUILDING, PRE-FAB, 62,654 62,654
RELOCATABLE.
TOTAL OTHER 1,131,450 1,081,450
PROCUREMENT, ARMY.
AIRCRAFT PROCUREMENT,
NAVY
OTHER AIRCRAFT
026 STUASL0 UAV.......... 7,921 7,921
027 MQ-9A REAPER......... 77,000 0
Unjustified OCO [-77,000]
request.
MODIFICATION OF
AIRCRAFT
036 EP-3 SERIES.......... 5,488 5,488
046 SPECIAL PROJECT 3,498 3,498
AIRCRAFT.
051 COMMON ECM EQUIPMENT. 3,406 3,406
053 COMMON DEFENSIVE 3,274 3,274
WEAPON SYSTEM.
062 QRC.................. 18,458 18,458
TOTAL AIRCRAFT 119,045 42,045
PROCUREMENT, NAVY.
WEAPONS PROCUREMENT,
NAVY
TACTICAL MISSILES
011 JOINT AIR GROUND 90,966 90,966
MISSILE (JAGM).
015 AERIAL TARGETS....... 6,500 6,500
TOTAL WEAPONS 97,466 97,466
PROCUREMENT, NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 26,978 26,978
002 JDAM................. 12,263 12,263
003 AIRBORNE ROCKETS, ALL 45,020 45,020
TYPES.
004 MACHINE GUN 33,577 33,577
AMMUNITION.
005 PRACTICE BOMBS....... 11,903 11,903
006 CARTRIDGES & CART 15,081 15,081
ACTUATED DEVICES.
007 AIR EXPENDABLE 16,911 16,911
COUNTERMEASURES.
011 OTHER SHIP GUN 3,262 3,262
AMMUNITION.
012 SMALL ARMS & LANDING 1,010 1,010
PARTY AMMO.
013 PYROTECHNIC AND 537 537
DEMOLITION.
MARINE CORPS
AMMUNITION
016 MORTARS.............. 1,930 1,930
017 DIRECT SUPPORT 1,172 1,172
MUNITIONS.
018 INFANTRY WEAPONS 2,158 2,158
AMMUNITION.
019 COMBAT SUPPORT 965 965
MUNITIONS.
021 ARTILLERY MUNITIONS.. 32,047 32,047
TOTAL PROCUREMENT OF 204,814 204,814
AMMO, NAVY & MC.
OTHER PROCUREMENT,
NAVY
OTHER SHIPBOARD
EQUIPMENT
020 UNDERWATER EOD 5,800 5,800
PROGRAMS.
ASW ELECTRONIC
EQUIPMENT
042 FIXED SURVEILLANCE 310,503 310,503
SYSTEM.
SONOBUOYS
085 SONOBUOYS--ALL TYPES. 2,910 2,910
AIRCRAFT SUPPORT
EQUIPMENT
088 AIRCRAFT SUPPORT 13,420 13,420
EQUIPMENT.
094 AVIATION SUPPORT 500 500
EQUIPMENT.
OTHER ORDNANCE
SUPPORT EQUIPMENT
103 EXPLOSIVE ORDNANCE 15,307 15,307
DISPOSAL EQUIP.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
108 PASSENGER CARRYING 173 173
VEHICLES.
109 GENERAL PURPOSE 408 408
TRUCKS.
111 FIRE FIGHTING 785 785
EQUIPMENT.
SUPPLY SUPPORT
EQUIPMENT
117 SUPPLY EQUIPMENT..... 100 100
118 FIRST DESTINATION 510 510
TRANSPORTATION.
COMMAND SUPPORT
EQUIPMENT
122 COMMAND SUPPORT 2,800 2,800
EQUIPMENT.
123 MEDICAL SUPPORT 1,794 1,794
EQUIPMENT.
126 OPERATING FORCES 1,090 1,090
SUPPORT EQUIPMENT.
128 ENVIRONMENTAL SUPPORT 200 200
EQUIPMENT.
129 PHYSICAL SECURITY 1,300 1,300
EQUIPMENT.
TOTAL OTHER 357,600 357,600
PROCUREMENT, NAVY.
PROCUREMENT, MARINE
CORPS
GUIDED MISSILES
012 GUIDED MLRS ROCKET 16,919 16,919
(GMLRS).
ENGINEER AND OTHER
EQUIPMENT
045 EOD SYSTEMS.......... 3,670 3,670
TOTAL PROCUREMENT, 20,589 20,589
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
OTHER AIRCRAFT
017 MQ-9................. 172,240 172,240
018 RQ-20B PUMA.......... 12,150 12,150
STRATEGIC AIRCRAFT
022 LARGE AIRCRAFT 53,335 53,335
INFRARED
COUNTERMEASURES.
OTHER AIRCRAFT
067 MQ-9 UAS PAYLOADS.... 19,800 19,800
AIRCRAFT SPARES AND
REPAIR PARTS
069 INITIAL SPARES/REPAIR 44,560 44,560
PARTS.
COMMON SUPPORT
EQUIPMENT
072 AIRCRAFT REPLACEMENT 7,025 7,025
SUPPORT EQUIP.
TOTAL AIRCRAFT 309,110 309,110
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
TACTICAL
004 JOINT AIR-SURFACE 20,900 20,900
STANDOFF MISSILE.
008 PREDATOR HELLFIRE 180,771 180,771
MISSILE.
TOTAL MISSILE 201,671 201,671
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 84,960 84,960
CARTRIDGES
002 CARTRIDGES........... 52,642 52,642
BOMBS
004 GENERAL PURPOSE BOMBS 545,309 545,309
FLARES
015 FLARES............... 93,272 93,272
FUZES
016 FUZES................ 157,155 157,155
SMALL ARMS
017 SMALL ARMS........... 6,095 6,095
TOTAL PROCUREMENT OF 939,433 939,433
AMMUNITION, AIR
FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 1,276 1,276
VEHICLES.
CARGO AND UTILITY
VEHICLES
004 CARGO AND UTILITY 9,702 9,702
VEHICLES.
SPECIAL PURPOSE
VEHICLES
005 JOINT LIGHT TACTICAL 40,999 40,999
VEHICLE.
007 SPECIAL PURPOSE 52,502 52,502
VEHICLES.
FIRE FIGHTING
EQUIPMENT
008 FIRE FIGHTING/CRASH 16,652 16,652
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
009 MATERIALS HANDLING 2,944 2,944
VEHICLES.
BASE MAINTENANCE
SUPPORT
010 RUNWAY SNOW REMOV AND 3,753 3,753
CLEANING EQU.
011 BASE MAINTENANCE 11,837 11,837
SUPPORT VEHICLES.
SPCL COMM-ELECTRONICS
PROJECTS
027 GENERAL INFORMATION 5,000 5,000
TECHNOLOGY.
031 AIR FORCE PHYSICAL 106,919 106,919
SECURITY SYSTEM.
ORGANIZATION AND BASE
048 TACTICAL C-E 306 306
EQUIPMENT.
052 BASE COMM 4,300 4,300
INFRASTRUCTURE.
PERSONAL SAFETY &
RESCUE EQUIP
054 PERSONAL SAFETY AND 22,200 22,200
RESCUE EQUIPMENT.
BASE SUPPORT
EQUIPMENT
059 MOBILITY EQUIPMENT... 26,535 26,535
060 FUELS SUPPORT 4,040 4,040
EQUIPMENT (FSE).
061 BASE MAINTENANCE AND 20,067 20,067
SUPPORT EQUIPMENT.
CLASSIFIED PROGRAMS
066A CLASSIFIED PROGRAMS.. 3,209,066 3,209,066
TOTAL OTHER 3,538,098 3,538,098
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, DISA
009 TELEPORT PROGRAM..... 3,800 3,800
012 DEFENSE INFORMATION 12,000 12,000
SYSTEM NETWORK.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
027 COUNTER IED & 4,590 4,590
IMPROVISED THREAT
TECHNOLOGIES.
CLASSIFIED PROGRAMS
049A CLASSIFIED PROGRAMS.. 51,380 51,380
AVIATION PROGRAMS
050 MANNED ISR........... 5,000 5,000
051 MC-12................ 5,000 5,000
052 MH-60 BLACKHAWK...... 28,100 28,100
054 UNMANNED ISR......... 8,207 8,207
056 U-28................. 31,500 31,500
057 MH-47 CHINOOK........ 37,500 34,500
Excess growth.... [-3,000]
059 MQ-9 UNMANNED AERIAL 1,900 1,900
VEHICLE.
AMMUNITION PROGRAMS
064 ORDNANCE ITEMS <$5M.. 138,252 138,252
OTHER PROCUREMENT
PROGRAMS
065 INTELLIGENCE SYSTEMS. 16,500 16,500
067 OTHER ITEMS <$5M..... 28 28
070 TACTICAL VEHICLES.... 2,990 2,990
071 WARRIOR SYSTEMS <$5M. 37,512 37,512
072 COMBAT MISSION 10,000 10,000
REQUIREMENTS.
074 OPERATIONAL 7,594 7,594
ENHANCEMENTS
INTELLIGENCE.
075 OPERATIONAL 45,194 45,194
ENHANCEMENTS.
TOTAL PROCUREMENT, 447,047 444,047
DEFENSE-WIDE.
NATIONAL GUARD AND
RESERVE EQUIPMENT
UNDISTRIBUTED
Program increase. [415,000]
TOTAL NATIONAL GUARD 415,000
AND RESERVE
EQUIPMENT.
TOTAL PROCUREMENT.... 9,688,058 9,900,608
------------------------------------------------------------------------
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
----------------------------------------------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2020 House
Line Program Element Item Request Authorized
----------------------------------------------------------------------------------------------------------------
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, ARMY
.................................. BASIC RESEARCH
002 0601102A DEFENSE RESEARCH SCIENCES......... 297,976 297,976
003 0601103A UNIVERSITY RESEARCH INITIATIVES... 65,858 65,858
004 0601104A UNIVERSITY AND INDUSTRY RESEARCH 86,164 98,164
CENTERS.
.................................. Program increase............... [7,000]
.................................. Program increase--military [5,000]
medical innovation.
005 0601121A CYBER COLLABORATIVE RESEARCH 4,982 4,982
ALLIANCE.
.................................. SUBTOTAL BASIC RESEARCH........... 454,980 466,980
..................................
.................................. APPLIED RESEARCH
010 0602141A LETHALITY TECHNOLOGY.............. 26,961 26,961
011 0602142A ARMY APPLIED RESEARCH............. 25,319 25,319
012 0602143A SOLDIER LETHALITY TECHNOLOGY...... 115,274 125,274
.................................. Expeditionary mobile base camp [5,000]
technology.
.................................. HEROES program................. [5,000]
013 0602144A GROUND TECHNOLOGY................. 35,199 45,199
.................................. High performance polymers [5,000]
research.
.................................. Manufacturing research [5,000]
technology.
014 0602145A NEXT GENERATION COMBAT VEHICLE 219,047 225,047
TECHNOLOGY.
.................................. Structural thermoplastics...... [6,000]
015 0602146A NETWORK C3I TECHNOLOGY............ 114,516 120,016
.................................. Assured PNT lab................ [3,000]
.................................. Next generation SAR small sat.. [2,500]
016 0602147A LONG RANGE PRECISION FIRES 74,327 79,327
TECHNOLOGY.
.................................. NextGen propulsion cycle [5,000]
artillery range extension.
017 0602148A FUTURE VERTICLE LIFT TECHNOLOGY... 93,601 96,601
.................................. Program increase............... [3,000]
018 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY 50,771 50,771
020 0602213A C3I APPLIED CYBER................. 18,947 18,947
023 0602307A ADVANCED WEAPONS TECHNOLOGY....... 5,000
.................................. Directed energy test range [5,000]
workloads.
037 0602784A MILITARY ENGINEERING TECHNOLOGY... 5,000
.................................. Cellulose nanocomposites [5,000]
research.
038 0602785A MANPOWER/PERSONNEL/TRAINING 20,873 20,873
TECHNOLOGY.
040 0602787A MEDICAL TECHNOLOGY................ 99,155 102,155
.................................. Program increase............... [3,000]
.................................. SUBTOTAL APPLIED RESEARCH......... 893,990 946,490
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
041 0603001A WARFIGHTER ADVANCED TECHNOLOGY.... 5,000
.................................. Expeditionary maneuver support [5,000]
technologies.
042 0603002A MEDICAL ADVANCED TECHNOLOGY....... 42,030 42,030
047 0603007A MANPOWER, PERSONNEL AND TRAINING 11,038 11,038
ADVANCED TECHNOLOGY.
050 0603117A ARMY ADVANCED TECHNOLOGY 63,338 63,338
DEVELOPMENT.
051 0603118A SOLDIER LETHALITY ADVANCED 118,468 128,468
TECHNOLOGY.
.................................. Microlattic technology for [5,000]
combat helmet improvements.
.................................. Thermal mitigation technologies [5,000]
052 0603119A GROUND ADVANCED TECHNOLOGY........ 12,593 17,593
.................................. Ground advanced technology for [5,000]
cold regions.
059 0603457A C3I CYBER ADVANCED DEVELOPMENT.... 13,769 13,769
060 0603461A HIGH PERFORMANCE COMPUTING 184,755 224,755
MODERNIZATION PROGRAM.
.................................. Program increase............... [40,000]
061 0603462A NEXT GENERATION COMBAT VEHICLE 160,035 170,035
ADVANCED TECHNOLOGY.
.................................. Program increase--hydrogen fuel [10,000]
cells.
062 0603463A NETWORK C3I ADVANCED TECHNOLOGY... 106,899 103,899
.................................. Underexecution................. [-3,000]
063 0603464A LONG RANGE PRECISION FIRES 174,386 179,386
ADVANCED TECHNOLOGY.
.................................. Program increase missile [5,000]
demonstrations.
064 0603465A FUTURE VERTICAL LIFT ADVANCED 151,640 146,640
TECHNOLOGY.
.................................. Excess to need................. [-5,000]
065 0603466A AIR AND MISSILE DEFENSE ADVANCED 60,613 60,613
TECHNOLOGY.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 1,099,564 1,166,564
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
073 0603305A ARMY MISSLE DEFENSE SYSTEMS 10,987 30,987
INTEGRATION.
.................................. Conventional mission [10,000]
capabilities.
.................................. System lab integration [10,000]
improvements.
074 0603327A AIR AND MISSILE DEFENSE SYSTEMS 15,148 15,148
ENGINEERING.
075 0603619A LANDMINE WARFARE AND BARRIER--ADV 92,915 92,915
DEV.
077 0603639A TANK AND MEDIUM CALIBER AMMUNITION 82,146 82,146
078 0603645A ARMORED SYSTEM MODERNIZATION--ADV 157,656 157,656
DEV.
079 0603747A SOLDIER SUPPORT AND SURVIVABILITY. 6,514 6,514
080 0603766A TACTICAL ELECTRONIC SURVEILLANCE 34,890 37,890
SYSTEM--ADV DEV.
.................................. Mobile ground terminal......... [3,000]
081 0603774A NIGHT VISION SYSTEMS ADVANCED 251,011 206,011
DEVELOPMENT.
.................................. IVAS insufficient justification [-45,000]
082 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY-- 15,132 15,132
DEM/VAL.
083 0603790A NATO RESEARCH AND DEVELOPMENT..... 5,406 5,406
084 0603801A AVIATION--ADV DEV................. 459,290 443,340
.................................. Early to need.................. [-15,950]
085 0603804A LOGISTICS AND ENGINEER EQUIPMENT-- 6,254 6,254
ADV DEV.
086 0603807A MEDICAL SYSTEMS--ADV DEV.......... 31,175 31,175
087 0603827A SOLDIER SYSTEMS--ADVANCED 22,113 22,113
DEVELOPMENT.
088 0604017A ROBOTICS DEVELOPMENT.............. 115,222 115,222
090 0604021A ELECTRONIC WARFARE TECHNOLOGY 18,043 18,043
MATURATION (MIP).
091 0604100A ANALYSIS OF ALTERNATIVES.......... 10,023 10,023
092 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT 40,745 40,745
SYSTEM (FTUAS).
093 0604114A LOWER TIER AIR MISSILE DEFENSE 427,772 427,772
(LTAMD) SENSOR.
094 0604115A TECHNOLOGY MATURATION INITIATIVES. 196,676 161,676
.................................. Insufficient schedule detail... [-35,000]
095 0604117A MANEUVER--SHORT RANGE AIR DEFENSE 33,100 29,100
(M-SHORAD).
.................................. Excess testing cost............ [-4,000]
097 0604119A ARMY ADVANCED COMPONENT 115,116 105,116
DEVELOPMENT & PROTOTYPING.
.................................. Early to need.................. [-10,000]
099 0604121A SYNTHETIC TRAINING ENVIRONMENT 136,761 111,761
REFINEMENT & PROTOTYPING.
.................................. Early to need (IVAS)........... [-25,000]
100 0604182A HYPERSONICS....................... 228,000 259,000
.................................. Transfer from RDTE Defense- [31,000]
Wide, line 124.
102 0604403A FUTURE INTERCEPTOR................ 8,000 8,000
103 0604541A UNIFIED NETWORK TRANSPORT......... 39,600 30,600
.................................. Early to need.................. [-9,000]
104 0604644A MOBILE MEDIUM RANGE MISSILE....... 20,000 0
.................................. Program decrease............... [-20,000]
106 0305251A CYBERSPACE OPERATIONS FORCES AND 52,102 52,102
FORCE SUPPORT.
107 1206120A ASSURED POSITIONING, NAVIGATION 192,562 150,062
AND TIMING (PNT).
.................................. Project cancellation........... [-42,500]
108 1206308A ARMY SPACE SYSTEMS INTEGRATION.... 104,996 54,996
.................................. Program delay.................. [-50,000]
.................................. SUBTOTAL ADVANCED COMPONENT 2,929,355 2,726,905
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
109 0604201A AIRCRAFT AVIONICS................. 29,164 29,164
110 0604270A ELECTRONIC WARFARE DEVELOPMENT.... 70,539 70,539
113 0604601A INFANTRY SUPPORT WEAPONS.......... 106,121 125,321
.................................. Army unfunded priority--NGSW [19,200]
program increase.
114 0604604A MEDIUM TACTICAL VEHICLES.......... 2,152 2,152
115 0604611A JAVELIN........................... 17,897 16,397
.................................. Qualification testing early to [-1,500]
need.
116 0604622A FAMILY OF HEAVY TACTICAL VEHICLES. 16,745 16,745
117 0604633A AIR TRAFFIC CONTROL............... 6,989 6,989
118 0604642A LIGHT TACTICAL WHEELED VEHICLES... 10,465 10,465
119 0604645A ARMORED SYSTEMS MODERNIZATION 310,152 295,152
(ASM)--ENG DEV.
.................................. Program delay.................. [-15,000]
120 0604710A NIGHT VISION SYSTEMS--ENG DEV..... 181,732 166,732
.................................. Insufficient justification [-15,000]
(IVAS).
121 0604713A COMBAT FEEDING, CLOTHING, AND 2,393 2,393
EQUIPMENT.
122 0604715A NON-SYSTEM TRAINING DEVICES--ENG 27,412 27,412
DEV.
123 0604741A AIR DEFENSE COMMAND, CONTROL AND 43,502 38,502
INTELLIGENCE--ENG DEV.
.................................. Historical underexecution...... [-5,000]
124 0604742A CONSTRUCTIVE SIMULATION SYSTEMS 11,636 11,636
DEVELOPMENT.
125 0604746A AUTOMATIC TEST EQUIPMENT 10,915 10,915
DEVELOPMENT.
126 0604760A DISTRIBUTIVE INTERACTIVE 7,801 7,801
SIMULATIONS (DIS)--ENG DEV.
127 0604768A BRILLIANT ANTI-ARMOR SUBMUNITION 25,000 20,000
(BAT).
.................................. PFAL excess.................... [-5,000]
128 0604780A COMBINED ARMS TACTICAL TRAINER 9,241 9,241
(CATT) CORE.
129 0604798A BRIGADE ANALYSIS, INTEGRATION AND 42,634 38,634
EVALUATION.
.................................. RCO support excess............. [-4,000]
130 0604802A WEAPONS AND MUNITIONS--ENG DEV.... 181,023 181,023
131 0604804A LOGISTICS AND ENGINEER EQUIPMENT-- 103,226 103,226
ENG DEV.
132 0604805A COMMAND, CONTROL, COMMUNICATIONS 12,595 12,595
SYSTEMS--ENG DEV.
133 0604807A MEDICAL MATERIEL/MEDICAL 48,264 48,264
BIOLOGICAL DEFENSE EQUIPMENT--ENG
DEV.
134 0604808A LANDMINE WARFARE/BARRIER--ENG DEV. 39,208 39,208
135 0604818A ARMY TACTICAL COMMAND & CONTROL 140,637 138,137
HARDWARE & SOFTWARE.
.................................. CPI2 testing previously funded. [-2,500]
136 0604820A RADAR DEVELOPMENT................. 105,243 105,243
137 0604822A GENERAL FUND ENTERPRISE BUSINESS 46,683 41,683
SYSTEM (GFEBS).
.................................. Program decrease............... [-5,000]
138 0604823A FIREFINDER........................ 17,294 17,294
139 0604827A SOLDIER SYSTEMS--WARRIOR DEM/VAL.. 5,803 4,803
.................................. Historical underexecution...... [-1,000]
140 0604852A SUITE OF SURVIVABILITY ENHANCEMENT 98,698 128,698
SYSTEMS--EMD.
.................................. Program increase for vehicle [30,000]
protection evaluation.
141 0604854A ARTILLERY SYSTEMS--EMD............ 15,832 10,832
.................................. Mobile howitzer testing early [-5,000]
to need.
142 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 126,537 126,537
143 0605018A INTEGRATED PERSONNEL AND PAY 142,773 99,773
SYSTEM-ARMY (IPPS-A).
.................................. Program decrease............... [-43,000]
144 0605028A ARMORED MULTI-PURPOSE VEHICLE 96,730 96,730
(AMPV).
145 0605029A INTEGRATED GROUND SECURITY 6,699 6,699
SURVEILLANCE RESPONSE CAPABILITY
(IGSSR-C).
146 0605030A JOINT TACTICAL NETWORK CENTER 15,882 15,882
(JTNC).
147 0605031A JOINT TACTICAL NETWORK (JTN)...... 40,808 40,808
149 0605033A GROUND-BASED OPERATIONAL 3,847 3,847
SURVEILLANCE SYSTEM--
EXPEDITIONARY (GBOSS-E).
150 0605034A TACTICAL SECURITY SYSTEM (TSS).... 6,928 6,928
151 0605035A COMMON INFRARED COUNTERMEASURES 34,488 34,488
(CIRCM).
152 0605036A COMBATING WEAPONS OF MASS 10,000 10,000
DESTRUCTION (CWMD).
154 0605038A NUCLEAR BIOLOGICAL CHEMICAL 6,054 6,054
RECONNAISSANCE VEHICLE (NBCRV)
SENSOR SUITE.
155 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT.. 62,262 62,262
156 0605042A TACTICAL NETWORK RADIO SYSTEMS 35,654 28,654
(LOW-TIER).
.................................. Excess growth.................. [-7,000]
157 0605047A CONTRACT WRITING SYSTEM........... 19,682 19,682
158 0605049A MISSILE WARNING SYSTEM 1,539 1,539
MODERNIZATION (MWSM).
159 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 64,557 64,557
160 0605052A INDIRECT FIRE PROTECTION 243,228 243,228
CAPABILITY INC 2--BLOCK 1.
161 0605053A GROUND ROBOTICS................... 41,308 41,308
162 0605054A EMERGING TECHNOLOGY INITIATIVES... 45,896 41,896
.................................. Testing and evaluation excess [-4,000]
growth.
163 0605203A ARMY SYSTEM DEVELOPMENT & 164,883 164,883
DEMONSTRATION.
165 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 9,500 9,500
166 0605457A ARMY INTEGRATED AIR AND MISSILE 208,938 203,938
DEFENSE (AIAMD).
.................................. Testing and evaluation excess [-5,000]
growth.
167 0605625A MANNED GROUND VEHICLE............. 378,400 378,400
168 0605766A NATIONAL CAPABILITIES INTEGRATION 7,835 9,835
(MIP).
.................................. Mobile ground terminal......... [2,000]
169 0605812A JOINT LIGHT TACTICAL VEHICLE 2,732 7,232
(JLTV) ENGINEERING AND
MANUFACTURING DEVELOPMENT PH.
.................................. Army requested realignment from [4,500]
OPA 7.
170 0605830A AVIATION GROUND SUPPORT EQUIPMENT. 1,664 1,664
172 0303032A TROJAN--RH12...................... 3,936 3,936
174 0304270A ELECTRONIC WARFARE DEVELOPMENT.... 19,675 19,675
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 3,549,431 3,487,131
DEMONSTRATION.
..................................
.................................. RDT&E MANAGEMENT SUPPORT
176 0604256A THREAT SIMULATOR DEVELOPMENT...... 14,117 14,117
177 0604258A TARGET SYSTEMS DEVELOPMENT........ 8,327 8,327
178 0604759A MAJOR T&E INVESTMENT.............. 136,565 136,565
179 0605103A RAND ARROYO CENTER................ 13,113 13,113
180 0605301A ARMY KWAJALEIN ATOLL.............. 238,691 226,691
.................................. Program decrease............... [-12,000]
181 0605326A CONCEPTS EXPERIMENTATION PROGRAM.. 42,922 42,922
183 0605601A ARMY TEST RANGES AND FACILITIES... 334,468 334,468
184 0605602A ARMY TECHNICAL TEST 46,974 51,974
INSTRUMENTATION AND TARGETS.
.................................. Program increase--space and [5,000]
missile cybersecurity.
185 0605604A SURVIVABILITY/LETHALITY ANALYSIS.. 35,075 35,075
186 0605606A AIRCRAFT CERTIFICATION............ 3,461 3,461
187 0605702A METEOROLOGICAL SUPPORT TO RDT&E 6,233 6,233
ACTIVITIES.
188 0605706A MATERIEL SYSTEMS ANALYSIS......... 21,342 21,342
189 0605709A EXPLOITATION OF FOREIGN ITEMS..... 11,168 11,168
190 0605712A SUPPORT OF OPERATIONAL TESTING.... 52,723 52,723
191 0605716A ARMY EVALUATION CENTER............ 60,815 60,815
192 0605718A ARMY MODELING & SIM X-CMD 2,527 2,527
COLLABORATION & INTEG.
193 0605801A PROGRAMWIDE ACTIVITIES............ 58,175 61,175
.................................. Program increase for transition [3,000]
costs.
194 0605803A TECHNICAL INFORMATION ACTIVITIES.. 25,060 25,060
195 0605805A MUNITIONS STANDARDIZATION, 44,458 49,458
EFFECTIVENESS AND SAFETY.
.................................. Advanced lightweight small arms [5,000]
and medium caliber ammunition.
196 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY 4,681 4,681
MGMT SUPPORT.
197 0605898A ARMY DIRECT REPORT HEADQUARTERS-- 53,820 53,820
R&D - MHA.
198 0606001A MILITARY GROUND-BASED CREW 4,291 4,291
TECHNOLOGY.
199 0606002A RONALD REAGAN BALLISTIC MISSILE 62,069 62,069
DEFENSE TEST SITE.
200 0606003A COUNTERINTEL AND HUMAN INTEL 1,050 1,050
MODERNIZATION.
201 0606942A ASSESSMENTS AND EVALUATIONS CYBER 4,500 4,500
VULNERABILITIES.
.................................. SUBTOTAL RDT&E MANAGEMENT SUPPORT. 1,286,625 1,287,625
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
204 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM.. 22,877 17,877
.................................. HIMARS excess growth........... [-5,000]
206 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT.... 8,491 8,491
207 0607131A WEAPONS AND MUNITIONS PRODUCT 15,645 15,645
IMPROVEMENT PROGRAMS.
209 0607134A LONG RANGE PRECISION FIRES (LRPF). 164,182 164,182
211 0607136A BLACKHAWK PRODUCT IMPROVEMENT 13,039 13,039
PROGRAM.
212 0607137A CHINOOK PRODUCT IMPROVEMENT 174,371 174,371
PROGRAM.
213 0607138A FIXED WING PRODUCT IMPROVEMENT 4,545 4,545
PROGRAM.
214 0607139A IMPROVED TURBINE ENGINE PROGRAM... 206,434 206,434
216 0607142A AVIATION ROCKET SYSTEM PRODUCT 24,221 14,221
IMPROVEMENT AND DEVELOPMENT.
.................................. Integrated munitions launcher [-10,000]
early to need.
217 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL 32,016 32,016
PRODUCTS.
218 0607145A APACHE FUTURE DEVELOPMENT......... 5,448 448
.................................. Unjustified request............ [-5,000]
219 0607312A ARMY OPERATIONAL SYSTEMS 49,526 49,526
DEVELOPMENT.
220 0607665A FAMILY OF BIOMETRICS.............. 1,702 1,702
221 0607865A PATRIOT PRODUCT IMPROVEMENT....... 96,430 96,430
222 0203728A JOINT AUTOMATED DEEP OPERATION 47,398 47,398
COORDINATION SYSTEM (JADOCS).
223 0203735A COMBAT VEHICLE IMPROVEMENT 334,463 324,463
PROGRAMS.
.................................. Early to need.................. [-10,000]
225 0203743A 155MM SELF-PROPELLED HOWITZER 214,246 214,246
IMPROVEMENTS.
226 0203744A AIRCRAFT MODIFICATIONS/PRODUCT 16,486 11,986
IMPROVEMENT PROGRAMS.
.................................. Excess to need................. [-4,500]
227 0203752A AIRCRAFT ENGINE COMPONENT 144 144
IMPROVEMENT PROGRAM.
228 0203758A DIGITIZATION...................... 5,270 5,270
229 0203801A MISSILE/AIR DEFENSE PRODUCT 1,287 1,287
IMPROVEMENT PROGRAM.
234 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY-- 732 732
OPERATIONAL SYSTEM DEV.
235 0205456A LOWER TIER AIR AND MISSILE DEFENSE 107,746 107,746
(AMD) SYSTEM.
236 0205778A GUIDED MULTIPLE-LAUNCH ROCKET 138,594 128,594
SYSTEM (GMLRS).
.................................. Testing excess to need......... [-10,000]
238 0303028A SECURITY AND INTELLIGENCE 13,845 13,845
ACTIVITIES.
239 0303140A INFORMATION SYSTEMS SECURITY 29,185 29,185
PROGRAM.
240 0303141A GLOBAL COMBAT SUPPORT SYSTEM...... 68,976 58,976
.................................. Program decrease............... [-10,000]
241 0303150A WWMCCS/GLOBAL COMMAND AND CONTROL 2,073 2,073
SYSTEM.
245 0305179A INTEGRATED BROADCAST SERVICE (IBS) 459 459
246 0305204A TACTICAL UNMANNED AERIAL VEHICLES. 5,097 5,097
247 0305206A AIRBORNE RECONNAISSANCE SYSTEMS... 11,177 11,177
248 0305208A DISTRIBUTED COMMON GROUND/SURFACE 38,121 38,121
SYSTEMS.
250 0305232A RQ-11 UAV......................... 3,218 3,218
251 0305233A RQ-7 UAV.......................... 7,817 7,817
252 0307665A BIOMETRICS ENABLED INTELLIGENCE... 2,000 2,000
253 0708045A END ITEM INDUSTRIAL PREPAREDNESS 59,848 64,848
ACTIVITIES.
.................................. Program increase--additive [5,000]
manufacturing technology
insertion.
254 1203142A SATCOM GROUND ENVIRONMENT (SPACE). 34,169 34,169
255 1208053A JOINT TACTICAL GROUND SYSTEM...... 10,275 10,275
255A 9999999999 CLASSIFIED PROGRAMS............... 7,273 7,273
.................................. SUBTOTAL OPERATIONAL SYSTEMS 1,978,826 1,929,326
DEVELOPMENT.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 12,192,771 12,011,021
& EVAL, ARMY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, NAVY
.................................. BASIC RESEARCH
001 0601103N UNIVERSITY RESEARCH INITIATIVES... 116,850 126,850
.................................. Advanced radar research........ [5,000]
.................................. Defense University research [5,000]
initiatives.
002 0601152N IN-HOUSE LABORATORY INDEPENDENT 19,121 19,121
RESEARCH.
003 0601153N DEFENSE RESEARCH SCIENCES......... 470,007 470,007
.................................. SUBTOTAL BASIC RESEARCH........... 605,978 615,978
..................................
.................................. APPLIED RESEARCH
004 0602114N POWER PROJECTION APPLIED RESEARCH. 18,546 25,546
.................................. Hypersonic testing facilities.. [7,000]
005 0602123N FORCE PROTECTION APPLIED RESEARCH. 119,517 162,517
.................................. Autonomous vehicle [10,000]
collaboration across maritime
domains.
.................................. Cyber-physical research........ [8,000]
.................................. Energy resilience.............. [5,000]
.................................. Hybrid composite struct. res. [5,000]
enhanced mobility.
.................................. Navy power and energy systems [5,000]
technology.
.................................. Program increase--direct air [10,000]
capture and blue carbon
research.
006 0602131M MARINE CORPS LANDING FORCE 56,604 61,604
TECHNOLOGY.
.................................. Interdisciplinary expeditionary [5,000]
cybersecurity research.
007 0602235N COMMON PICTURE APPLIED RESEARCH... 49,297 49,297
008 0602236N WARFIGHTER SUSTAINMENT APPLIED 63,825 68,825
RESEARCH.
.................................. Warfighter safety and [5,000]
performance.
009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED 83,497 83,497
RESEARCH.
010 0602435N OCEAN WARFIGHTING ENVIRONMENT 63,894 63,894
APPLIED RESEARCH.
011 0602651M JOINT NON-LETHAL WEAPONS APPLIED 6,346 6,346
RESEARCH.
012 0602747N UNDERSEA WARFARE APPLIED RESEARCH. 57,075 77,075
.................................. Academic partnerships for [10,000]
undersea vehicle research.
.................................. Resident autonomous undersea [10,000]
robotics.
013 0602750N FUTURE NAVAL CAPABILITIES APPLIED 154,755 154,755
RESEARCH.
014 0602782N MINE AND EXPEDITIONARY WARFARE 36,074 36,074
APPLIED RESEARCH.
015 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) 153,062 153,062
APPLIED RESEARCH.
016 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT-- 73,961 73,961
ONR FIELD ACITIVITIES.
.................................. SUBTOTAL APPLIED RESEARCH......... 936,453 1,016,453
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603123N FORCE PROTECTION ADVANCED 35,286 35,286
TECHNOLOGY.
018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED 9,499 9,499
TECHNOLOGY.
019 0603640M USMC ADVANCED TECHNOLOGY 172,847 177,847
DEMONSTRATION (ATD).
.................................. Program increase--modular [5,000]
advanced armed robotic system.
020 0603651M JOINT NON-LETHAL WEAPONS 13,307 13,307
TECHNOLOGY DEVELOPMENT.
021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED 231,907 231,907
TECHNOLOGY DEVELOPMENT.
022 0603680N MANUFACTURING TECHNOLOGY PROGRAM.. 60,138 80,138
.................................. Program increase............... [20,000]
023 0603729N WARFIGHTER PROTECTION ADVANCED 4,849 4,849
TECHNOLOGY.
025 0603758N NAVY WARFIGHTING EXPERIMENTS AND 67,739 67,739
DEMONSTRATIONS.
026 0603782N MINE AND EXPEDITIONARY WARFARE 13,335 13,335
ADVANCED TECHNOLOGY.
027 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) 133,303 176,303
ADVANCED TECHNOLOGY DEVELOPMENT.
.................................. Electromagnetic railgun........ [20,350]
.................................. Program increase............... [22,650]
.................................. SUBTOTAL ADVANCED TECHNOLOGY 742,210 810,210
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
028 0603207N AIR/OCEAN TACTICAL APPLICATIONS... 32,643 32,643
029 0603216N AVIATION SURVIVABILITY............ 11,919 11,919
030 0603251N AIRCRAFT SYSTEMS.................. 1,473 1,473
031 0603254N ASW SYSTEMS DEVELOPMENT........... 7,172 7,172
032 0603261N TACTICAL AIRBORNE RECONNAISSANCE.. 3,419 3,419
033 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 64,694 64,694
034 0603502N SURFACE AND SHALLOW WATER MINE 507,000 312,200
COUNTERMEASURES.
.................................. LUSV Design Contracts early to [-29,100]
need.
.................................. LUSV GFE early to need......... [-79,200]
.................................. LUSV program decrease.......... [-43,000]
.................................. MUSV program increase.......... [43,000]
.................................. Reduce one LUSV................ [-86,500]
035 0603506N SURFACE SHIP TORPEDO DEFENSE...... 15,800 15,800
036 0603512N CARRIER SYSTEMS DEVELOPMENT....... 4,997 4,997
037 0603525N PILOT FISH........................ 291,148 291,148
038 0603527N RETRACT LARCH..................... 11,980 11,980
039 0603536N RETRACT JUNIPER................... 129,163 129,163
040 0603542N RADIOLOGICAL CONTROL.............. 689 689
041 0603553N SURFACE ASW....................... 1,137 1,137
042 0603561N ADVANCED SUBMARINE SYSTEM 148,756 148,756
DEVELOPMENT.
043 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 11,192 11,192
044 0603563N SHIP CONCEPT ADVANCED DESIGN...... 81,846 67,846
.................................. Future surface combatant [-24,000]
concept development
concurrency.
.................................. Program increase............... [5,000]
.................................. Program increase--moving target [5,000]
defense.
045 0603564N SHIP PRELIMINARY DESIGN & 69,084 59,084
FEASIBILITY STUDIES.
.................................. Program decrease............... [-10,000]
046 0603570N ADVANCED NUCLEAR POWER SYSTEMS.... 181,652 181,652
047 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 25,408 30,408
.................................. Program increase............... [5,000]
048 0603576N CHALK EAGLE....................... 64,877 64,877
049 0603581N LITTORAL COMBAT SHIP (LCS)........ 9,934 9,934
050 0603582N COMBAT SYSTEM INTEGRATION......... 17,251 17,251
051 0603595N OHIO REPLACEMENT.................. 419,051 419,051
052 0603596N LCS MISSION MODULES............... 108,505 108,505
053 0603597N AUTOMATED TEST AND ANALYSIS....... 7,653 7,653
054 0603599N FRIGATE DEVELOPMENT............... 59,007 59,007
055 0603609N CONVENTIONAL MUNITIONS............ 9,988 9,988
056 0603635M MARINE CORPS GROUND COMBAT/SUPPORT 86,464 11,464
SYSTEM.
.................................. Insufficient justification and [-75,000]
contract delay.
057 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE 33,478 33,478
DEVELOPMENT.
058 0603713N OCEAN ENGINEERING TECHNOLOGY 5,619 5,619
DEVELOPMENT.
059 0603721N ENVIRONMENTAL PROTECTION.......... 20,564 20,564
060 0603724N NAVY ENERGY PROGRAM............... 26,514 49,514
.................................. Battery development and safety [13,000]
enterprise.
.................................. Marine energy systems for [10,000]
sensors and microgrids.
061 0603725N FACILITIES IMPROVEMENT............ 3,440 3,440
062 0603734N CHALK CORAL....................... 346,800 346,800
063 0603739N NAVY LOGISTIC PRODUCTIVITY........ 3,857 3,857
064 0603746N RETRACT MAPLE..................... 258,519 258,519
065 0603748N LINK PLUMERIA..................... 403,909 403,909
066 0603751N RETRACT ELM....................... 63,434 63,434
067 0603764N LINK EVERGREEN.................... 184,110 184,110
068 0603790N NATO RESEARCH AND DEVELOPMENT..... 7,697 7,697
069 0603795N LAND ATTACK TECHNOLOGY............ 9,086 9,086
070 0603851M JOINT NON-LETHAL WEAPONS TESTING.. 28,466 28,466
071 0603860N JOINT PRECISION APPROACH AND 51,341 51,341
LANDING SYSTEMS--DEM/VAL.
072 0603925N DIRECTED ENERGY AND ELECTRIC 118,169 118,169
WEAPON SYSTEMS.
073 0604014N F/A -18 INFRARED SEARCH AND TRACK 113,456 112,456
(IRST).
.................................. Program delay.................. [-1,000]
074 0604027N DIGITAL WARFARE OFFICE............ 50,120 50,120
075 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA 32,527 32,527
VEHICLES.
076 0604029N UNMANNED UNDERSEA VEHICLE CORE 54,376 54,376
TECHNOLOGIES.
077 0604030N RAPID PROTOTYPING, EXPERIMENTATION 36,197 36,197
AND DEMONSTRATION..
078 0604031N LARGE UNMANNED UNDERSEA VEHICLES.. 68,310 59,810
.................................. Early to need.................. [-8,500]
079 0604112N GERALD R. FORD CLASS NUCLEAR 121,310 121,310
AIRCRAFT CARRIER (CVN 78--80).
080 0604126N LITTORAL AIRBORNE MCM............. 17,248 17,248
081 0604127N SURFACE MINE COUNTERMEASURES...... 18,735 18,735
082 0604272N TACTICAL AIR DIRECTIONAL INFRARED 68,346 58,346
COUNTERMEASURES (TADIRCM).
.................................. Excess to need................. [-10,000]
084 0604289M NEXT GENERATION LOGISTICS......... 4,420 4,420
085 0604320M RAPID TECHNOLOGY CAPABILITY 4,558 4,558
PROTOTYPE.
086 0604454N LX (R)............................ 12,500 12,500
087 0604536N ADVANCED UNDERSEA PROTOTYPING..... 181,967 174,437
.................................. ORCA XLUUV prior year carryover [-7,530]
088 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS 5,500 5,500
(C-UAS).
089 0604659N PRECISION STRIKE WEAPONS 718,148 638,148
DEVELOPMENT PROGRAM.
.................................. Excess growth.................. [-80,000]
090 0604707N SPACE AND ELECTRONIC WARFARE (SEW) 5,263 5,263
ARCHITECTURE/ENGINEERING SUPPORT.
091 0604786N OFFENSIVE ANTI-SURFACE WARFARE 65,419 65,419
WEAPON DEVELOPMENT.
092 0303354N ASW SYSTEMS DEVELOPMENT--MIP...... 9,991 9,991
093 0304240M ADVANCED TACTICAL UNMANNED 21,157 39,657
AIRCRAFT SYSTEM.
.................................. KMAX Large Unmanned Logistics [18,500]
System USMC unfunded priority.
095 0304270N ELECTRONIC WARFARE DEVELOPMENT-- 609 609
MIP.
.................................. SUBTOTAL ADVANCED COMPONENT 5,559,062 5,204,732
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
096 0603208N TRAINING SYSTEM AIRCRAFT.......... 15,514 15,514
097 0604212N OTHER HELO DEVELOPMENT............ 28,835 28,835
098 0604214M AV-8B AIRCRAFT--ENG DEV........... 27,441 27,441
100 0604215N STANDARDS DEVELOPMENT............. 3,642 3,642
101 0604216N MULTI-MISSION HELICOPTER UPGRADE 19,196 19,196
DEVELOPMENT.
104 0604230N WARFARE SUPPORT SYSTEM............ 8,601 8,601
105 0604231N TACTICAL COMMAND SYSTEM........... 77,232 77,232
106 0604234N ADVANCED HAWKEYE.................. 232,752 232,752
107 0604245M H-1 UPGRADES...................... 65,359 64,859
.................................. Support cost growth............ [-500]
109 0604261N ACOUSTIC SEARCH SENSORS........... 47,013 47,013
110 0604262N V-22A............................. 185,105 172,105
.................................. Excess to need................. [-13,000]
111 0604264N AIR CREW SYSTEMS DEVELOPMENT...... 21,172 21,172
112 0604269N EA-18............................. 143,585 123,585
.................................. Unjustified cost growth........ [-20,000]
113 0604270N ELECTRONIC WARFARE DEVELOPMENT.... 116,811 109,651
.................................. Unjustified request............ [-7,160]
114 0604273M EXECUTIVE HELO DEVELOPMENT........ 187,436 187,436
116 0604274N NEXT GENERATION JAMMER (NGJ)...... 524,261 443,261
.................................. Underexecution................. [-81,000]
117 0604280N JOINT TACTICAL RADIO SYSTEM--NAVY 192,345 190,845
(JTRS-NAVY).
.................................. Early to need.................. [-1,500]
118 0604282N NEXT GENERATION JAMMER (NGJ) 111,068 111,068
INCREMENT II.
119 0604307N SURFACE COMBATANT COMBAT SYSTEM 415,625 415,625
ENGINEERING.
120 0604311N LPD-17 CLASS SYSTEMS INTEGRATION.. 640 640
121 0604329N SMALL DIAMETER BOMB (SDB)......... 50,096 50,096
122 0604366N STANDARD MISSILE IMPROVEMENTS..... 232,391 232,391
123 0604373N AIRBORNE MCM...................... 10,916 10,916
124 0604378N NAVAL INTEGRATED FIRE CONTROL-- 33,379 33,379
COUNTER AIR SYSTEMS ENGINEERING.
125 0604501N ADVANCED ABOVE WATER SENSORS...... 34,554 34,554
126 0604503N SSN-688 AND TRIDENT MODERNIZATION. 84,663 84,663
127 0604504N AIR CONTROL....................... 44,923 44,923
128 0604512N SHIPBOARD AVIATION SYSTEMS........ 10,632 10,632
129 0604518N COMBAT INFORMATION CENTER 16,094 16,094
CONVERSION.
130 0604522N AIR AND MISSILE DEFENSE RADAR 55,349 55,349
(AMDR) SYSTEM.
131 0604530N ADVANCED ARRESTING GEAR (AAG)..... 123,490 123,490
132 0604558N NEW DESIGN SSN.................... 121,010 121,010
133 0604562N SUBMARINE TACTICAL WARFARE SYSTEM. 62,426 62,426
134 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE 46,809 56,809
T&E.
.................................. Program increase--DDG-51 [10,000]
advanced degaussing.
135 0604574N NAVY TACTICAL COMPUTER RESOURCES.. 3,692 3,692
137 0604601N MINE DEVELOPMENT.................. 28,964 28,964
138 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT... 148,349 127,349
.................................. Excess to need................. [-21,000]
139 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE 8,237 8,237
DEVELOPMENT.
140 0604657M USMC GROUND COMBAT/SUPPORTING ARMS 22,000 22,000
SYSTEMS--ENG DEV.
141 0604703N PERSONNEL, TRAINING, SIMULATION, 5,500 5,500
AND HUMAN FACTORS.
142 0604727N JOINT STANDOFF WEAPON SYSTEMS..... 18,725 16,225
.................................. Excess to need................. [-2,500]
143 0604755N SHIP SELF DEFENSE (DETECT & 192,603 192,603
CONTROL).
144 0604756N SHIP SELF DEFENSE (ENGAGE: HARD 137,268 137,268
KILL).
145 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT 97,363 97,363
KILL/EW).
146 0604761N INTELLIGENCE ENGINEERING.......... 26,710 26,710
147 0604771N MEDICAL DEVELOPMENT............... 8,181 13,181
.................................. Enterotoxigenic escherichia [5,000]
coli research.
148 0604777N NAVIGATION/ID SYSTEM.............. 40,755 40,755
149 0604800M JOINT STRIKE FIGHTER (JSF)--EMD... 1,710 1,710
150 0604800N JOINT STRIKE FIGHTER (JSF)--EMD... 1,490 1,490
153 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 1,494 1,494
154 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 384,162 370,662
.................................. Unjustified growth over FY19 [-13,500]
projection.
155 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT.... 4,882 4,882
156 0605212M CH-53K RDTE....................... 516,955 496,955
.................................. Excess to need................. [-20,000]
158 0605215N MISSION PLANNING.................. 75,886 75,886
159 0605217N COMMON AVIONICS................... 43,187 43,187
160 0605220N SHIP TO SHORE CONNECTOR (SSC)..... 4,909 4,909
161 0605327N T-AO 205 CLASS.................... 1,682 1,682
162 0605414N UNMANNED CARRIER AVIATION (UCA)... 671,258 671,258
163 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) 18,393 12,393
.................................. Schedule delays................ [-6,000]
165 0605500N MULTI-MISSION MARITIME AIRCRAFT 21,472 21,472
(MMA).
166 0605504N MULTI-MISSION MARITIME (MMA) 177,234 177,234
INCREMENT III.
167 0605611M MARINE CORPS ASSAULT VEHICLES 77,322 69,121
SYSTEM DEVELOPMENT &
DEMONSTRATION.
.................................. Early to need.................. [-2,201]
.................................. Excess growth.................. [-6,000]
168 0605813M JOINT LIGHT TACTICAL VEHICLE 2,105 2,105
(JLTV) SYSTEM DEVELOPMENT &
DEMONSTRATION.
169 0204202N DDG-1000.......................... 111,435 111,435
172 0304785N TACTICAL CRYPTOLOGIC SYSTEMS...... 101,339 101,339
173 0306250M CYBER OPERATIONS TECHNOLOGY 26,406 26,406
DEVELOPMENT.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,332,033 6,152,672
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
174 0604256N THREAT SIMULATOR DEVELOPMENT...... 66,678 66,678
175 0604258N TARGET SYSTEMS DEVELOPMENT........ 12,027 12,027
176 0604759N MAJOR T&E INVESTMENT.............. 85,348 85,348
178 0605152N STUDIES AND ANALYSIS SUPPORT--NAVY 3,908 3,908
179 0605154N CENTER FOR NAVAL ANALYSES......... 47,669 47,669
180 0605285N NEXT GENERATION FIGHTER........... 20,698 20,698
182 0605804N TECHNICAL INFORMATION SERVICES.... 988 988
183 0605853N MANAGEMENT, TECHNICAL & 102,401 102,401
INTERNATIONAL SUPPORT.
184 0605856N STRATEGIC TECHNICAL SUPPORT....... 3,742 3,742
186 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT... 93,872 93,872
187 0605864N TEST AND EVALUATION SUPPORT....... 394,020 394,020
188 0605865N OPERATIONAL TEST AND EVALUATION 25,145 25,145
CAPABILITY.
189 0605866N NAVY SPACE AND ELECTRONIC WARFARE 15,773 15,773
(SEW) SUPPORT.
190 0605867N SEW SURVEILLANCE/RECONNAISSANCE 8,402 8,402
SUPPORT.
191 0605873M MARINE CORPS PROGRAM WIDE SUPPORT. 37,265 29,265
.................................. Unjustified growth............. [-8,000]
192 0605898N MANAGEMENT HQ--R&D................ 39,673 39,673
193 0606355N WARFARE INNOVATION MANAGEMENT..... 28,750 28,750
196 0305327N INSIDER THREAT.................... 2,645 2,645
197 0902498N MANAGEMENT HEADQUARTERS 1,460 1,460
(DEPARTMENTAL SUPPORT ACTIVITIES).
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 990,464 982,464
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
202 0604227N HARPOON MODIFICATIONS............. 2,302 2,302
203 0604840M F-35 C2D2......................... 422,881 422,881
204 0604840N F-35 C2D2......................... 383,741 383,741
205 0607658N COOPERATIVE ENGAGEMENT CAPABILITY 127,924 127,924
(CEC).
207 0101221N STRATEGIC SUB & WEAPONS SYSTEM 157,676 157,676
SUPPORT.
208 0101224N SSBN SECURITY TECHNOLOGY PROGRAM.. 43,354 43,354
209 0101226N SUBMARINE ACOUSTIC WARFARE 6,815 6,815
DEVELOPMENT.
210 0101402N NAVY STRATEGIC COMMUNICATIONS..... 31,174 31,174
211 0204136N F/A-18 SQUADRONS.................. 213,715 216,215
.................................. Block III support prior year [-7,500]
carryover.
.................................. Jet noise reduction research... [10,000]
213 0204228N SURFACE SUPPORT................... 36,389 45,389
.................................. WSN-12 Technology Insertion.... [9,000]
214 0204229N TOMAHAWK AND TOMAHAWK MISSION 320,134 320,134
PLANNING CENTER (TMPC).
215 0204311N INTEGRATED SURVEILLANCE SYSTEM.... 88,382 88,382
216 0204313N SHIP-TOWED ARRAY SURVEILLANCE 14,449 14,449
SYSTEMS.
217 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS 6,931 6,931
(DISPLACEMENT CRAFT).
218 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ 23,891 23,891
ATOR).
219 0204571N CONSOLIDATED TRAINING SYSTEMS 129,873 129,873
DEVELOPMENT.
221 0204575N ELECTRONIC WARFARE (EW) READINESS 82,325 62,325
SUPPORT.
.................................. Prior year carryover........... [-20,000]
222 0205601N HARM IMPROVEMENT.................. 138,431 132,431
.................................. AARGM ER test schedule [-6,000]
discrepancy.
224 0205620N SURFACE ASW COMBAT SYSTEM 29,572 29,572
INTEGRATION.
225 0205632N MK-48 ADCAP....................... 85,973 85,973
226 0205633N AVIATION IMPROVEMENTS............. 125,461 125,461
227 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS. 106,192 106,192
228 0206313M MARINE CORPS COMMUNICATIONS 143,317 134,317
SYSTEMS.
.................................. Program delay.................. [-9,000]
229 0206335M COMMON AVIATION COMMAND AND 4,489 4,489
CONTROL SYSTEM (CAC2S).
230 0206623M MARINE CORPS GROUND COMBAT/ 51,788 51,788
SUPPORTING ARMS SYSTEMS.
231 0206624M MARINE CORPS COMBAT SERVICES 37,761 37,761
SUPPORT.
232 0206625M USMC INTELLIGENCE/ELECTRONIC 21,458 21,458
WARFARE SYSTEMS (MIP).
233 0206629M AMPHIBIOUS ASSAULT VEHICLE........ 5,476 5,476
234 0207161N TACTICAL AIM MISSILES............. 19,488 19,488
235 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR 39,029 34,529
MISSILE (AMRAAM).
.................................. Prior year carryover........... [-4,500]
239 0303109N SATELLITE COMMUNICATIONS (SPACE).. 34,344 34,344
240 0303138N CONSOLIDATED AFLOAT NETWORK 22,873 22,873
ENTERPRISE SERVICES (CANES).
241 0303140N INFORMATION SYSTEMS SECURITY 41,853 41,853
PROGRAM.
243 0305192N MILITARY INTELLIGENCE PROGRAM 8,913 8,913
(MIP) ACTIVITIES.
244 0305204N TACTICAL UNMANNED AERIAL VEHICLES. 9,451 9,451
245 0305205N UAS INTEGRATION AND 42,315 42,315
INTEROPERABILITY.
246 0305208M DISTRIBUTED COMMON GROUND/SURFACE 22,042 22,042
SYSTEMS.
248 0305220N MQ-4C TRITON...................... 11,784 11,784
249 0305231N MQ-8 UAV.......................... 29,618 29,618
250 0305232M RQ-11 UAV......................... 509 509
251 0305234N SMALL (LEVEL 0) TACTICAL UAS 11,545 11,545
(STUASL0).
252 0305239M RQ-21A............................ 10,914 10,914
253 0305241N MULTI-INTELLIGENCE SENSOR 70,612 70,612
DEVELOPMENT.
254 0305242M UNMANNED AERIAL SYSTEMS (UAS) 3,704 3,704
PAYLOADS (MIP).
255 0305421N RQ-4 MODERNIZATION................ 202,346 202,346
256 0308601N MODELING AND SIMULATION SUPPORT... 7,119 7,119
257 0702207N DEPOT MAINTENANCE (NON-IF)........ 38,182 38,182
258 0708730N MARITIME TECHNOLOGY (MARITECH).... 6,779 6,779
259 1203109N SATELLITE COMMUNICATIONS (SPACE).. 15,868 15,868
259A 9999999999 CLASSIFIED PROGRAMS............... 1,613,137 1,613,137
.................................. SUBTOTAL OPERATIONAL SYSTEMS 5,104,299 5,076,299
DEVELOPMENT.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 20,270,499 19,858,808
& EVAL, NAVY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, AF
.................................. BASIC RESEARCH
001 0601102F DEFENSE RESEARCH SCIENCES......... 356,107 356,107
002 0601103F UNIVERSITY RESEARCH INITIATIVES... 158,859 158,859
003 0601108F HIGH ENERGY LASER RESEARCH 14,795 14,795
INITIATIVES.
.................................. SUBTOTAL BASIC RESEARCH........... 529,761 529,761
..................................
.................................. APPLIED RESEARCH
004 0602102F MATERIALS......................... 128,851 143,851
.................................. Advanced thermal protection [10,000]
systems.
.................................. Program increase--flexible [5,000]
biosensors.
005 0602201F AEROSPACE VEHICLE TECHNOLOGIES.... 147,724 147,724
006 0602202F HUMAN EFFECTIVENESS APPLIED 131,795 131,795
RESEARCH.
007 0602203F AEROSPACE PROPULSION.............. 198,775 213,775
.................................. Educational partnership [10,000]
agreements for aerospace
propulsion.
.................................. Electrical power/thermal [5,000]
management systems.
008 0602204F AEROSPACE SENSORS................. 202,912 202,912
010 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT-- 7,968 7,968
MAJOR HEADQUARTERS ACTIVITIES.
012 0602602F CONVENTIONAL MUNITIONS............ 142,772 142,772
013 0602605F DIRECTED ENERGY TECHNOLOGY........ 124,379 124,379
014 0602788F DOMINANT INFORMATION SCIENCES AND 181,562 186,562
METHODS.
.................................. Detection and countering of [5,000]
adversarial UAS.
015 0602890F HIGH ENERGY LASER RESEARCH........ 44,221 44,221
016 1206601F SPACE TECHNOLOGY.................. 124,667 124,667
.................................. SUBTOTAL APPLIED RESEARCH......... 1,435,626 1,470,626
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603112F ADVANCED MATERIALS FOR WEAPON 36,586 41,586
SYSTEMS.
.................................. Metals affordability initiative [5,000]
018 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY 16,249 16,249
(S&T).
019 0603203F ADVANCED AEROSPACE SENSORS........ 38,292 38,292
020 0603211F AEROSPACE TECHNOLOGY DEV/DEMO..... 102,949 122,949
.................................. High speed vertical lift [5,000]
demonstration.
.................................. Low cost attritable aircraft [15,000]
technology.
021 0603216F AEROSPACE PROPULSION AND POWER 113,973 118,973
TECHNOLOGY.
.................................. Electrical power systems....... [5,000]
022 0603270F ELECTRONIC COMBAT TECHNOLOGY...... 48,408 48,408
023 0603401F ADVANCED SPACECRAFT TECHNOLOGY.... 70,525 70,525
024 0603444F MAUI SPACE SURVEILLANCE SYSTEM 11,878 11,878
(MSSS).
025 0603456F HUMAN EFFECTIVENESS ADVANCED 37,542 37,542
TECHNOLOGY DEVELOPMENT.
026 0603601F CONVENTIONAL WEAPONS TECHNOLOGY... 225,817 225,817
027 0603605F ADVANCED WEAPONS TECHNOLOGY....... 37,404 37,404
028 0603680F MANUFACTURING TECHNOLOGY PROGRAM.. 43,116 59,116
.................................. Aerospace composites [10,000]
manufacturing.
.................................. Program increase............... [6,000]
029 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT 56,414 56,414
AND DEMONSTRATION.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 839,153 885,153
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
031 0603260F INTELLIGENCE ADVANCED DEVELOPMENT. 5,672 5,672
032 0603742F COMBAT IDENTIFICATION TECHNOLOGY.. 27,085 27,085
033 0603790F NATO RESEARCH AND DEVELOPMENT..... 4,955 4,955
034 0603851F INTERCONTINENTAL BALLISTIC 44,109 44,109
MISSILE--DEM/VAL.
036 0604002F AIR FORCE WEATHER SERVICES 772 772
RESEARCH.
037 0604004F ADVANCED ENGINE DEVELOPMENT....... 878,442 849,442
.................................. Unjustified budget growth...... [-29,000]
038 0604015F LONG RANGE STRIKE--BOMBER......... 3,003,899 3,003,899
039 0604032F DIRECTED ENERGY PROTOTYPING....... 10,000 20,000
.................................. High-value airborne asset [10,000]
protection.
040 0604033F HYPERSONICS PROTOTYPING........... 576,000 536,000
.................................. Program concurrency............ [-40,000]
041 0604201F PNT RESILIENCY, MODS, AND 92,600 124,600
IMPROVEMENTS.
.................................. Program increase............... [32,000]
042 0604257F ADVANCED TECHNOLOGY AND SENSORS... 23,145 23,145
043 0604288F NATIONAL AIRBORNE OPS CENTER 16,669 16,669
(NAOC) RECAP.
044 0604317F TECHNOLOGY TRANSFER............... 23,614 23,614
045 0604327F HARD AND DEEPLY BURIED TARGET 113,121 113,121
DEFEAT SYSTEM (HDBTDS) PROGRAM.
046 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS- 56,325 56,325
ACS.
047 0604776F DEPLOYMENT & DISTRIBUTION 28,034 28,034
ENTERPRISE R&D.
048 0604858F TECH TRANSITION PROGRAM........... 128,476 128,476
049 0605230F GROUND BASED STRATEGIC DETERRENT.. 570,373 489,395
.................................. Program reduction.............. [-103,000]
.................................. Technical adjustment for NC3... [22,022]
050 0207100F LIGHT ATTACK ARMED RECONNAISSANCE 35,000 35,000
(LAAR) SQUADRONS.
051 0207110F NEXT GENERATION AIR DOMINANCE..... 1,000,000 500,000
.................................. Cost-risk associated with [-500,000]
development profile.
052 0207455F THREE DIMENSIONAL LONG-RANGE RADAR 37,290 37,290
(3DELRR).
053 0208099F UNIFIED PLATFORM (UP)............. 10,000 10,000
054 0305236F COMMON DATA LINK EXECUTIVE AGENT 36,910 36,910
(CDL EA).
055 0305251F CYBERSPACE OPERATIONS FORCES AND 35,000 35,000
FORCE SUPPORT.
056 0305601F MISSION PARTNER ENVIRONMENTS...... 8,550 8,550
057 0306250F CYBER OPERATIONS TECHNOLOGY 198,864 198,864
DEVELOPMENT.
058 0306415F ENABLED CYBER ACTIVITIES.......... 16,632 16,632
060 0901410F CONTRACTING INFORMATION TECHNOLOGY 20,830 20,830
SYSTEM.
061 1203164F NAVSTAR GLOBAL POSITIONING SYSTEM 329,948 329,948
(USER EQUIPMENT) (SPACE).
062 1203710F EO/IR WEATHER SYSTEMS............. 101,222 101,222
063 1206422F WEATHER SYSTEM FOLLOW-ON.......... 225,660 205,660
.................................. Unjustified growth............. [-20,000]
064 1206425F SPACE SITUATION AWARENESS SYSTEMS. 29,776 29,776
065 1206427F SPACE SYSTEMS PROTOTYPE 142,045 162,045
TRANSITIONS (SSPT).
.................................. Accelerate Blackjack prototype [20,000]
demonstration and tech
maturation.
067 1206438F SPACE CONTROL TECHNOLOGY.......... 64,231 58,231
.................................. Unjustified growth............. [-6,000]
068 1206730F SPACE SECURITY AND DEFENSE PROGRAM 56,385 56,385
069 1206760F PROTECTED TACTICAL ENTERPRISE 105,003 105,003
SERVICE (PTES).
070 1206761F PROTECTED TACTICAL SERVICE (PTS).. 173,694 166,194
.................................. Unjustified growth............. [-7,500]
071 1206855F EVOLVED STRATEGIC SATCOM (ESS).... 172,206 172,206
072 1206857F SPACE RAPID CAPABILITIES OFFICE... 33,742 30,742
.................................. Program decrease............... [-3,000]
.................................. SUBTOTAL ADVANCED COMPONENT 8,436,279 7,811,801
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
073 0604200F FUTURE ADVANCED WEAPON ANALYSIS & 246,200 200
PROGRAMS.
.................................. Unjustified requirement........ [-246,000]
074 0604201F PNT RESILIENCY, MODS, AND 67,782 67,782
IMPROVEMENTS.
075 0604222F NUCLEAR WEAPONS SUPPORT........... 4,406 4,406
076 0604270F ELECTRONIC WARFARE DEVELOPMENT.... 2,066 2,066
077 0604281F TACTICAL DATA NETWORKS ENTERPRISE. 229,631 210,331
.................................. Prior-year carryover........... [-19,300]
078 0604287F PHYSICAL SECURITY EQUIPMENT....... 9,700 9,700
079 0604329F SMALL DIAMETER BOMB (SDB)--EMD.... 31,241 41,241
.................................. Program efficiency initiative.. [10,000]
080 0604429F AIRBORNE ELECTRONIC ATTACK........ 2 2
081 0604602F ARMAMENT/ORDNANCE DEVELOPMENT..... 28,043 22,543
.................................. Unjustified requirement (JAGM- [-5,500]
F).
082 0604604F SUBMUNITIONS...................... 3,045 3,045
083 0604617F AGILE COMBAT SUPPORT.............. 19,944 19,944
084 0604706F LIFE SUPPORT SYSTEMS.............. 8,624 16,624
.................................. Next-gen ejection seat [8,000]
qualification.
085 0604735F COMBAT TRAINING RANGES............ 37,365 37,365
086 0604800F F-35--EMD......................... 7,628 7,628
087 0604932F LONG RANGE STANDOFF WEAPON........ 712,539 712,539
088 0604933F ICBM FUZE MODERNIZATION........... 161,199 161,199
089 0605030F JOINT TACTICAL NETWORK CENTER 2,414 2,414
(JTNC).
091 0605056F OPEN ARCHITECTURE MANAGEMENT...... 30,000 30,000
093 0605221F KC-46............................. 59,561 59,561
094 0605223F ADVANCED PILOT TRAINING........... 348,473 348,473
095 0605229F COMBAT RESCUE HELICOPTER.......... 247,047 246,047
.................................. Support cost growth............ [-1,000]
098 0605931F B-2 DEFENSIVE MANAGEMENT SYSTEM... 294,400 294,400
099 0101125F NUCLEAR WEAPONS MODERNIZATION..... 27,564 27,564
101 0207171F F-15 EPAWSS....................... 47,322 47,322
102 0207328F STAND IN ATTACK WEAPON............ 162,840 127,840
.................................. Unjustified program growth..... [-35,000]
103 0207701F FULL COMBAT MISSION TRAINING...... 9,797 9,797
106 0401310F C-32 EXECUTIVE TRANSPORT 9,930 9,930
RECAPITALIZATION.
107 0401319F VC-25B............................ 757,923 757,923
108 0701212F AUTOMATED TEST SYSTEMS............ 2,787 2,787
109 1203176F COMBAT SURVIVOR EVADER LOCATOR.... 2,000 2,000
110 1203269F GPS III FOLLOW-ON (GPS IIIF)...... 462,875 452,875
.................................. Unjustified growth............. [-10,000]
111 1203940F SPACE SITUATION AWARENESS 76,829 56,829
OPERATIONS.
.................................. GBOSS unjustified growth.......... [-20,000]
112 1206421F COUNTERSPACE SYSTEMS.............. 29,037 34,037
.................................. Counterspace communications [5,000]
systems pre-planned product
improvement.
113 1206422F WEATHER SYSTEM FOLLOW-ON.......... 2,237 2,237
114 1206425F SPACE SITUATION AWARENESS SYSTEMS. 412,894 362,894
.................................. Unexecutable growth............ [-50,000]
116 1206431F ADVANCED EHF MILSATCOM (SPACE).... 117,290 117,290
117 1206432F POLAR MILSATCOM (SPACE)........... 427,400 427,400
118 1206433F WIDEBAND GLOBAL SATCOM (SPACE).... 1,920 1,920
119 1206441F SPACE BASED INFRARED SYSTEM 1 1
(SBIRS) HIGH EMD.
120 1206442F NEXT GENERATION OPIR.............. 1,395,278 1,018,878
.................................. Unexecutable funding profile... [-293,100]
.................................. Unexecutable funding profile [-83,300]
(ground).
121 1206445F COMMERCIAL SATCOM (COMSATCOM) 10,000
INTEGRATION.
.................................. Accelerate integration of [10,000]
COMSATCOM capabilities.
122 1206853F NATIONAL SECURITY SPACE LAUNCH 432,009 432,009
PROGRAM (SPACE)--EMD.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,929,243 6,199,043
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
123 0604256F THREAT SIMULATOR DEVELOPMENT...... 59,693 59,693
124 0604759F MAJOR T&E INVESTMENT.............. 181,663 183,663
.................................. Telemetry extension SATCOM [2,000]
relay.
125 0605101F RAND PROJECT AIR FORCE............ 35,258 35,258
127 0605712F INITIAL OPERATIONAL TEST & 13,793 13,793
EVALUATION.
128 0605807F TEST AND EVALUATION SUPPORT....... 717,895 743,395
.................................. Overwater range telemetry [25,500]
improvements.
129 0605826F ACQ WORKFORCE- GLOBAL POWER....... 258,667 258,667
130 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT 251,992 251,992
SYS.
131 0605828F ACQ WORKFORCE- GLOBAL REACH....... 149,191 149,191
132 0605829F ACQ WORKFORCE- CYBER, NETWORK, & 235,360 235,360
BUS SYS.
133 0605830F ACQ WORKFORCE- GLOBAL BATTLE MGMT. 160,196 160,196
134 0605831F ACQ WORKFORCE- CAPABILITY 220,255 220,255
INTEGRATION.
135 0605832F ACQ WORKFORCE- ADVANCED PRGM 42,392 42,392
TECHNOLOGY.
136 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS.... 133,231 133,231
137 0605898F MANAGEMENT HQ--R&D................ 5,590 5,590
138 0605976F FACILITIES RESTORATION AND 88,445 88,445
MODERNIZATION--TEST AND
EVALUATION SUPPORT.
139 0605978F FACILITIES SUSTAINMENT--TEST AND 29,424 29,424
EVALUATION SUPPORT.
140 0606017F REQUIREMENTS ANALYSIS AND 62,715 62,715
MATURATION.
141 0606398F MANAGEMENT HQ--T&E................ 5,013 5,013
142 0308602F ENTEPRISE INFORMATION SERVICES 17,128 17,128
(EIS).
143 0702806F ACQUISITION AND MANAGEMENT SUPPORT 5,913 5,913
144 0804731F GENERAL SKILL TRAINING............ 1,475 1,475
146 1001004F INTERNATIONAL ACTIVITIES.......... 4,071 4,071
147 1206116F SPACE TEST AND TRAINING RANGE 19,942 14,942
DEVELOPMENT.
.................................. Unjustified growth............. [-5,000]
148 1206392F SPACE AND MISSILE CENTER (SMC) 167,810 167,810
CIVILIAN WORKFORCE.
149 1206398F SPACE & MISSILE SYSTEMS CENTER-- 10,170 10,170
MHA.
150 1206860F ROCKET SYSTEMS LAUNCH PROGRAM 13,192 23,192
(SPACE).
.................................. Small rockets launch services.. [10,000]
151 1206864F SPACE TEST PROGRAM (STP).......... 26,097 29,097
.................................. Small launch................... [3,000]
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 2,916,571 2,952,071
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
152 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM 35,611 20,011
(ABMS).
.................................. Program increase--sensor fusion [10,000]
and artificial intelligence
technology.
.................................. Unjustified request............ [-25,600]
154 0604233F SPECIALIZED UNDERGRADUATE FLIGHT 2,584 2,584
TRAINING.
155 0604445F WIDE AREA SURVEILLANCE............ 0 20,000
.................................. Program increase............... [20,000]
156 0604776F DEPLOYMENT & DISTRIBUTION 903 903
ENTERPRISE R&D.
157 0604840F F-35 C2D2......................... 694,455 694,455
158 0605018F AF INTEGRATED PERSONNEL AND PAY 40,567 40,567
SYSTEM (AF-IPPS).
159 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE 47,193 47,193
AGENCY.
160 0605117F FOREIGN MATERIEL ACQUISITION AND 70,083 70,083
EXPLOITATION.
161 0605278F HC/MC-130 RECAP RDT&E............. 17,218 17,218
162 0606018F NC3 INTEGRATION................... 25,917 25,917
164 0101113F B-52 SQUADRONS.................... 325,974 325,974
165 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 10,217 10,217
166 0101126F B-1B SQUADRONS.................... 1,000 1,000
167 0101127F B-2 SQUADRONS..................... 97,276 97,276
168 0101213F MINUTEMAN SQUADRONS............... 128,961 106,939
.................................. Technical adjustment for NC3... [-22,022]
170 0101316F WORLDWIDE JOINT STRATEGIC 18,177 18,177
COMMUNICATIONS.
171 0101324F INTEGRATED STRATEGIC PLANNING & 24,261 24,261
ANALYSIS NETWORK.
172 0101328F ICBM REENTRY VEHICLES............. 75,571 75,571
174 0102110F UH-1N REPLACEMENT PROGRAM......... 170,975 170,975
176 0205219F MQ-9 UAV.......................... 154,996 154,996
178 0207131F A-10 SQUADRONS.................... 36,816 36,816
179 0207133F F-16 SQUADRONS.................... 193,013 193,013
180 0207134F F-15E SQUADRONS................... 336,079 317,779
.................................. Unjustified F-15C requirements. [-18,300]
181 0207136F MANNED DESTRUCTIVE SUPPRESSION.... 15,521 15,521
182 0207138F F-22A SQUADRONS................... 496,298 442,498
.................................. Excess to requirements......... [-23,800]
.................................. Prior-year carryover........... [-30,000]
183 0207142F F-35 SQUADRONS.................... 99,943 99,943
184 0207161F TACTICAL AIM MISSILES............. 10,314 10,314
185 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR 55,384 55,384
MISSILE (AMRAAM).
186 0207227F COMBAT RESCUE--PARARESCUE......... 281 281
187 0207247F AF TENCAP......................... 21,365 21,365
188 0207249F PRECISION ATTACK SYSTEMS 10,696 10,696
PROCUREMENT.
189 0207253F COMPASS CALL...................... 15,888 15,888
190 0207268F AIRCRAFT ENGINE COMPONENT 112,505 107,505
IMPROVEMENT PROGRAM.
.................................. Prior-year carryover (F-35).... [-5,000]
191 0207325F JOINT AIR-TO-SURFACE STANDOFF 78,498 78,498
MISSILE (JASSM).
192 0207410F AIR & SPACE OPERATIONS CENTER 114,864 104,864
(AOC).
.................................. Unjustified request............ [-10,000]
193 0207412F CONTROL AND REPORTING CENTER (CRC) 8,109 8,109
194 0207417F AIRBORNE WARNING AND CONTROL 67,996 61,209
SYSTEM (AWACS).
.................................. Excess to need................. [-6,787]
195 0207418F TACTICAL AIRBORNE CONTROL SYSTEMS. 2,462 2,462
197 0207431F COMBAT AIR INTELLIGENCE SYSTEM 13,668 13,668
ACTIVITIES.
198 0207444F TACTICAL AIR CONTROL PARTY-MOD.... 6,217 6,217
200 0207452F DCAPES............................ 19,910 19,910
201 0207573F NATIONAL TECHNICAL NUCLEAR 1,788 1,788
FORENSICS.
202 0207590F SEEK EAGLE........................ 28,237 28,237
203 0207601F USAF MODELING AND SIMULATION...... 15,725 15,725
204 0207605F WARGAMING AND SIMULATION CENTERS.. 4,316 4,316
205 0207610F BATTLEFIELD ABN COMM NODE (BACN).. 26,946 26,946
206 0207697F DISTRIBUTED TRAINING AND EXERCISES 4,303 4,303
207 0208006F MISSION PLANNING SYSTEMS.......... 71,465 71,465
208 0208007F TACTICAL DECEPTION................ 7,446 7,446
209 0208064F OPERATIONAL HQ--CYBER............. 7,602 7,602
210 0208087F DISTRIBUTED CYBER WARFARE 35,178 35,178
OPERATIONS.
211 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 16,609 16,609
212 0208097F JOINT CYBER COMMAND AND CONTROL 11,603 11,603
(JCC2).
213 0208099F UNIFIED PLATFORM (UP)............. 84,702 84,702
219 0301025F GEOBASE........................... 2,723 2,723
220 0301112F NUCLEAR PLANNING AND EXECUTION 44,190 44,190
SYSTEM (NPES).
226 0301401F AIR FORCE SPACE AND CYBER NON- 3,575 3,575
TRADITIONAL ISR FOR BATTLESPACE
AWARENESS.
227 0302015F E-4B NATIONAL AIRBORNE OPERATIONS 70,173 70,173
CENTER (NAOC).
228 0303131F MINIMUM ESSENTIAL EMERGENCY 13,543 28,543
COMMUNICATIONS NETWORK (MEECN).
.................................. Advanced concept development-- [15,000]
NC3 demonstration and
evaluation.
229 0303133F HIGH FREQUENCY RADIO SYSTEMS...... 15,881 1,881
.................................. Prior-year carryover........... [-14,000]
230 0303140F INFORMATION SYSTEMS SECURITY 27,726 27,726
PROGRAM.
232 0303142F GLOBAL FORCE MANAGEMENT--DATA 2,210 2,210
INITIATIVE.
234 0304115F MULTI DOMAIN COMMAND AND CONTROL 150,880 100,880
(MDC2).
.................................. Unjustified growth............. [-50,000]
235 0304260F AIRBORNE SIGINT ENTERPRISE........ 102,667 94,167
.................................. Common development ahead of [-8,500]
need.
236 0304310F COMMERCIAL ECONOMIC ANALYSIS...... 3,431 3,431
239 0305015F C2 AIR OPERATIONS SUITE--C2 INFO 9,313 9,313
SERVICES.
240 0305020F CCMD INTELLIGENCE INFORMATION 1,121 1,121
TECHNOLOGY.
241 0305022F ISR MODERNIZATION & AUTOMATION 19,000 3,000
DVMT (IMAD).
.................................. Unjustified request............ [-16,000]
242 0305099F GLOBAL AIR TRAFFIC MANAGEMENT 4,544 4,544
(GATM).
243 0305111F WEATHER SERVICE................... 25,461 27,461
.................................. Commercial weather data pilot.. [2,000]
244 0305114F AIR TRAFFIC CONTROL, APPROACH, AND 5,651 5,651
LANDING SYSTEM (ATCALS).
245 0305116F AERIAL TARGETS.................... 7,448 7,448
248 0305128F SECURITY AND INVESTIGATIVE 425 425
ACTIVITIES.
249 0305145F ARMS CONTROL IMPLEMENTATION....... 54,546 54,546
250 0305146F DEFENSE JOINT COUNTERINTELLIGENCE 6,858 6,858
ACTIVITIES.
252 0305179F INTEGRATED BROADCAST SERVICE (IBS) 8,728 8,728
253 0305202F DRAGON U-2........................ 38,939 38,939
255 0305206F AIRBORNE RECONNAISSANCE SYSTEMS... 122,909 132,909
.................................. Program increase for Gorgon [10,000]
Stare sensor enhancements.
256 0305207F MANNED RECONNAISSANCE SYSTEMS..... 11,787 11,787
257 0305208F DISTRIBUTED COMMON GROUND/SURFACE 25,009 25,009
SYSTEMS.
258 0305220F RQ-4 UAV.......................... 191,733 173,883
.................................. Unjustified request............ [-17,850]
259 0305221F NETWORK-CENTRIC COLLABORATIVE 10,757 10,757
TARGETING.
260 0305238F NATO AGS.......................... 32,567 32,567
261 0305240F SUPPORT TO DCGS ENTERPRISE........ 37,774 37,774
262 0305600F INTERNATIONAL INTELLIGENCE 13,515 13,515
TECHNOLOGY AND ARCHITECTURES.
263 0305881F RAPID CYBER ACQUISITION........... 4,383 4,383
264 0305984F PERSONNEL RECOVERY COMMAND & CTRL 2,133 2,133
(PRC2).
265 0307577F INTELLIGENCE MISSION DATA (IMD)... 8,614 8,614
266 0401115F C-130 AIRLIFT SQUADRON............ 140,425 140,425
267 0401119F C-5 AIRLIFT SQUADRONS (IF)........ 10,223 10,223
268 0401130F C-17 AIRCRAFT (IF)................ 25,101 25,101
269 0401132F C-130J PROGRAM.................... 8,640 8,640
270 0401134F LARGE AIRCRAFT IR COUNTERMEASURES 5,424 5,424
(LAIRCM).
272 0401219F KC-10S............................ 20 20
274 0401318F CV-22............................. 17,906 17,906
276 0408011F SPECIAL TACTICS / COMBAT CONTROL.. 3,629 3,629
277 0702207F DEPOT MAINTENANCE (NON-IF)........ 1,890 1,890
278 0708055F MAINTENANCE, REPAIR & OVERHAUL 10,311 10,311
SYSTEM.
279 0708610F LOGISTICS INFORMATION TECHNOLOGY 16,065 16,065
(LOGIT).
280 0708611F SUPPORT SYSTEMS DEVELOPMENT....... 539 539
281 0804743F OTHER FLIGHT TRAINING............. 2,057 2,057
282 0808716F OTHER PERSONNEL ACTIVITIES........ 10 10
283 0901202F JOINT PERSONNEL RECOVERY AGENCY... 2,060 2,060
284 0901218F CIVILIAN COMPENSATION PROGRAM..... 3,809 3,809
285 0901220F PERSONNEL ADMINISTRATION.......... 6,476 6,476
286 0901226F AIR FORCE STUDIES AND ANALYSIS 1,443 1,443
AGENCY.
287 0901538F FINANCIAL MANAGEMENT INFORMATION 9,323 9,323
SYSTEMS DEVELOPMENT.
288 0901554F DEFENSE ENTERPRISE ACNTNG AND MGT 46,789 46,789
SYS (DEAMS).
289 1201017F GLOBAL SENSOR INTEGRATED ON 3,647 3,647
NETWORK (GSIN).
290 1201921F SERVICE SUPPORT TO STRATCOM--SPACE 988 988
ACTIVITIES.
291 1202140F SERVICE SUPPORT TO SPACECOM 11,863 11,863
ACTIVITIES.
293 1203001F FAMILY OF ADVANCED BLOS TERMINALS 197,388 192,388
(FAB-T).
.................................. Unjustified growth............. [-5,000]
294 1203110F SATELLITE CONTROL NETWORK (SPACE). 61,891 54,291
.................................. Underexecution of funds and [-7,600]
unjustified growth.
297 1203173F SPACE AND MISSILE TEST AND 4,566 4,566
EVALUATION CENTER.
298 1203174F SPACE INNOVATION, INTEGRATION AND 43,292 43,292
RAPID TECHNOLOGY DEVELOPMENT.
300 1203182F SPACELIFT RANGE SYSTEM (SPACE).... 10,837 10,837
301 1203265F GPS III SPACE SEGMENT............. 42,440 42,440
302 1203400F SPACE SUPERIORITY INTELLIGENCE.... 14,428 14,428
303 1203614F JSPOC MISSION SYSTEM.............. 72,762 51,262
.................................. Unjustified growth............. [-21,500]
304 1203620F NATIONAL SPACE DEFENSE CENTER..... 2,653 2,653
306 1203873F BALLISTIC MISSILE DEFENSE RADARS.. 15,881 15,881
308 1203913F NUDET DETECTION SYSTEM (SPACE).... 49,300 49,300
309 1203940F SPACE SITUATION AWARENESS 17,834 17,834
OPERATIONS.
310 1206423F GLOBAL POSITIONING SYSTEM III-- 445,302 445,302
OPERATIONAL CONTROL SEGMENT.
311 1206770F ENTERPRISE GROUND SERVICES........ 138,870 128,670
.................................. Unjustified growth............. [-10,200]
311A 9999999999 CLASSIFIED PROGRAMS............... 18,351,506 17,998,506
.................................. Classified reduction........... [-353,000]
.................................. SUBTOTAL OPERATIONAL SYSTEMS 24,851,488 24,263,329
DEVELOPMENT.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 45,938,121 44,111,784
& EVAL, AF.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, DW
.................................. BASIC RESEARCH
001 0601000BR DTRA BASIC RESEARCH............... 26,000 26,000
002 0601101E DEFENSE RESEARCH SCIENCES......... 432,284 432,284
003 0601110D8Z BASIC RESEARCH INITIATIVES........ 48,874 58,874
.................................. Program increase............... [10,000]
004 0601117E BASIC OPERATIONAL MEDICAL RESEARCH 54,122 54,122
SCIENCE.
005 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 92,074 112,074
.................................. Civics education grant program. [20,000]
006 0601228D8Z HISTORICALLY BLACK COLLEGES AND 30,708 50,708
UNIVERSITIES/MINORITY
INSTITUTIONS.
.................................. Program decrease............... [-5,000]
.................................. Program increase............... [25,000]
007 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE 45,238 45,238
PROGRAM.
.................................. SUBTOTAL BASIC RESEARCH........... 729,300 779,300
..................................
.................................. APPLIED RESEARCH
008 0602000D8Z JOINT MUNITIONS TECHNOLOGY........ 19,306 19,306
009 0602115E BIOMEDICAL TECHNOLOGY............. 97,771 97,771
011 0602234D8Z LINCOLN LABORATORY RESEARCH 52,317 52,317
PROGRAM.
012 0602251D8Z APPLIED RESEARCH FOR THE 62,200 62,200
ADVANCEMENT OF S&T PRIORITIES.
013 0602303E INFORMATION & COMMUNICATIONS 442,556 442,556
TECHNOLOGY.
014 0602383E BIOLOGICAL WARFARE DEFENSE........ 34,588 34,588
015 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE 202,587 215,087
PROGRAM.
.................................. Program increase............... [12,500]
016 0602668D8Z CYBER SECURITY RESEARCH........... 15,118 15,118
017 0602702E TACTICAL TECHNOLOGY............... 337,602 337,602
018 0602715E MATERIALS AND BIOLOGICAL 223,976 223,976
TECHNOLOGY.
019 0602716E ELECTRONICS TECHNOLOGY............ 332,192 332,192
020 0602718BR COUNTER WEAPONS OF MASS 179,096 179,096
DESTRUCTION APPLIED RESEARCH.
021 0602751D8Z SOFTWARE ENGINEERING INSTITUTE 9,580 9,580
(SEI) APPLIED RESEARCH.
022 1160401BB SOF TECHNOLOGY DEVELOPMENT........ 40,569 40,569
.................................. SUBTOTAL APPLIED RESEARCH......... 2,049,458 2,061,958
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
023 0603000D8Z JOINT MUNITIONS ADVANCED 25,779 25,779
TECHNOLOGY.
024 0603121D8Z SO/LIC ADVANCED DEVELOPMENT....... 5,000 5,000
025 0603122D8Z COMBATING TERRORISM TECHNOLOGY 70,517 79,517
SUPPORT.
.................................. Counterterrorism detection [3,000]
technologies.
.................................. Study of Terrorism and [6,000]
Responses to Terrorism (START).
026 0603133D8Z FOREIGN COMPARATIVE TESTING....... 24,970 24,970
028 0603160BR COUNTER WEAPONS OF MASS 340,065 340,065
DESTRUCTION ADVANCED TECHNOLOGY
DEVELOPMENT.
029 0603176C ADVANCED CONCEPTS AND PERFORMANCE 14,208 14,208
ASSESSMENT.
030 0603178C WEAPONS TECHNOLOGY................ 10,000 10,000
031 0603180C ADVANCED RESEARCH................. 20,674 27,674
.................................. Advanced carbon-carbon [7,000]
composites manufacturing.
032 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY 18,773 18,773
DEVELOPMENT.
033 0603286E ADVANCED AEROSPACE SYSTEMS........ 279,741 279,741
034 0603287E SPACE PROGRAMS AND TECHNOLOGY..... 202,606 202,606
035 0603288D8Z ANALYTIC ASSESSMENTS.............. 19,429 19,429
036 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND 37,645 37,645
CONCEPTS.
037 0603291D8Z ADVANCED INNOVATIVE ANALYSIS AND 14,668 14,668
CONCEPTS--MHA.
038 0603294C COMMON KILL VEHICLE TECHNOLOGY.... 13,600 13,600
040 0603342D8Z DEFENSE INNOVATION UNIT (DIU)..... 29,398 29,398
041 0603375D8Z TECHNOLOGY INNOVATION............. 60,000 44,000
.................................. Program decrease............... [-16,000]
042 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE 172,486 172,486
PROGRAM--ADVANCED DEVELOPMENT.
043 0603527D8Z RETRACT LARCH..................... 159,688 159,688
044 0603618D8Z JOINT ELECTRONIC ADVANCED 12,063 17,063
TECHNOLOGY.
.................................. Joint electromagnetic spectrum [5,000]
operations.
045 0603648D8Z JOINT CAPABILITY TECHNOLOGY 107,359 107,359
DEMONSTRATIONS.
046 0603662D8Z NETWORKED COMMUNICATIONS 2,858 2,858
CAPABILITIES.
047 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE 96,397 116,397
AND TECHNOLOGY PROGRAM.
.................................. Additive manufacturing......... [10,000]
.................................. Integrated silicon based lasers [5,000]
.................................. Program increase............... [5,000]
048 0603680S MANUFACTURING TECHNOLOGY PROGRAM.. 42,834 42,834
049 0603699D8Z EMERGING CAPABILITIES TECHNOLOGY 80,911 80,911
DEVELOPMENT.
050 0603712S GENERIC LOGISTICS R&D TECHNOLOGY 10,817 10,817
DEMONSTRATIONS.
051 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH 66,157 66,157
PROGRAM.
052 0603720S MICROELECTRONICS TECHNOLOGY 171,771 171,771
DEVELOPMENT AND SUPPORT.
053 0603727D8Z JOINT WARFIGHTING PROGRAM......... 4,846 4,846
054 0603739E ADVANCED ELECTRONICS TECHNOLOGIES. 128,616 128,616
055 0603760E COMMAND, CONTROL AND 232,134 232,134
COMMUNICATIONS SYSTEMS.
056 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 512,424 512,424
057 0603767E SENSOR TECHNOLOGY................. 163,903 163,903
058 0603769D8Z DISTRIBUTED LEARNING ADVANCED 13,723 13,723
TECHNOLOGY DEVELOPMENT.
059 0603781D8Z SOFTWARE ENGINEERING INSTITUTE.... 15,111 15,111
060 0603826D8Z QUICK REACTION SPECIAL PROJECTS... 47,147 47,147
061 0603833D8Z ENGINEERING SCIENCE & TECHNOLOGY.. 19,376 19,376
062 0603924D8Z HIGH ENERGY LASER ADVANCED 85,223 85,223
TECHNOLOGY PROGRAM.
063 0603941D8Z TEST & EVALUATION SCIENCE & 175,574 180,574
TECHNOLOGY.
.................................. UAV hypersonic test range...... [5,000]
064 0603950D8Z NATIONAL SECURITY INNOVATION 25,000 30,000
NETWORK.
.................................. Hacking for defense............ [5,000]
065 0604055D8Z OPERATIONAL ENERGY CAPABILITY 70,536 70,536
IMPROVEMENT.
066 0303310D8Z CWMD SYSTEMS...................... 28,907 28,907
068 1160402BB SOF ADVANCED TECHNOLOGY 89,154 89,154
DEVELOPMENT.
069 1206310SDA SPACE SCIENCE AND TECHNOLOGY 20,000 41,500
RESEARCH AND DEVELOPMENT.
.................................. Program increase for commercial [21,500]
SSA; funds transferred from
JSPOC Mission System.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 3,742,088 3,798,588
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT AND
PROTOTYPES
070 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 42,695 42,695
SECURITY EQUIPMENT RDT&E ADC&P.
071 0603600D8Z WALKOFF........................... 92,791 92,791
072 0603821D8Z ACQUISITION ENTERPRISE DATA & 5,659 5,659
INFORMATION SERVICES.
073 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL 66,572 66,572
CERTIFICATION PROGRAM.
074 0603881C BALLISTIC MISSILE DEFENSE TERMINAL 302,761 302,761
DEFENSE SEGMENT.
075 0603882C BALLISTIC MISSILE DEFENSE 1,156,506 960,506
MIDCOURSE DEFENSE SEGMENT.
.................................. GBSD booster engineering....... [-15,000]
.................................. Unjustified program growth..... [-181,000]
076 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE 83,662 83,662
PROGRAM--DEM/VAL.
077 0603884C BALLISTIC MISSILE DEFENSE SENSORS. 283,487 283,487
078 0603890C BMD ENABLING PROGRAMS............. 571,507 570,476
.................................. Rescope FTM-44--Conduct IRBM [-1,031]
test.
079 0603891C SPECIAL PROGRAMS--MDA............. 377,098 504,098
.................................. Classified reduction........... [-8,000]
.................................. Classified unfunded priority... [135,000]
080 0603892C AEGIS BMD......................... 727,479 702,479
.................................. Unjustified cost growth........ [-25,000]
081 0603896C BALLISTIC MISSILE DEFENSE COMMAND 564,206 561,706
AND CONTROL, BATTLE MANAGEMENT
AND COMMUNICATI.
.................................. IBCS integration delays........ [-1,500]
.................................. Rescope FTM-44--Conduct IRBM [-1,000]
test.
082 0603898C BALLISTIC MISSILE DEFENSE JOINT 51,532 51,532
WARFIGHTER SUPPORT.
083 0603904C MISSILE DEFENSE INTEGRATION & 56,161 56,161
OPERATIONS CENTER (MDIOC).
084 0603906C REGARDING TRENCH.................. 22,424 22,424
085 0603907C SEA BASED X-BAND RADAR (SBX)...... 128,156 128,156
086 0603913C ISRAELI COOPERATIVE PROGRAMS...... 300,000 300,000
087 0603914C BALLISTIC MISSILE DEFENSE TEST.... 395,924 393,356
.................................. Rescope FTM-44--Conduct IRBM [-2,568]
test.
088 0603915C BALLISTIC MISSILE DEFENSE TARGETS. 554,171 554,171
089 0603920D8Z HUMANITARIAN DEMINING............. 10,820 15,820
.................................. Program increase............... [5,000]
090 0603923D8Z COALITION WARFARE................. 11,316 11,316
091 0604016D8Z DEPARTMENT OF DEFENSE CORROSION 3,365 3,365
PROGRAM.
092 0604115C TECHNOLOGY MATURATION INITIATIVES. 303,458 301,122
.................................. Cancel Neutral Particle Beam... [-34,000]
.................................. Increase to low power laser [35,000]
demonstrator.
.................................. Rescope FTM-44--Conduct IRBM [-3,336]
test.
093 0604132D8Z MISSILE DEFEAT PROJECT............ 17,816 7,816
.................................. Lack of justification--program [-10,000]
transitioned to military
services.
095 0604181C HYPERSONIC DEFENSE................ 157,425 157,425
096 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES.. 1,312,735 1,104,585
.................................. Program decrease............... [-58,150]
.................................. Realign to 0604011D8Z, Next [-50,000]
Generation Information
Technology.
.................................. Undistributed.................. [-100,000]
097 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 542,421 542,421
098 0604331D8Z RAPID PROTOTYPING PROGRAM......... 100,957 100,957
099 0604341D8Z DEFENSE INNOVATION UNIT (DIU) 92,000 17,000
PROTOTYPING.
.................................. Insufficient budget [-75,000]
justification for national
security innovation capital.
100 0604400D8Z DEPARTMENT OF DEFENSE (DOD) 3,021 3,021
UNMANNED SYSTEM COMMON
DEVELOPMENT.
102 0604672C HOMELAND DEFENSE RADAR--HAWAII 274,714 274,714
(HDR-H).
103 0604673C PACIFIC DISCRIMINATING RADAR...... 6,711 6,711
104 0604682D8Z WARGAMING AND SUPPORT FOR 3,751 3,751
STRATEGIC ANALYSIS (SSA).
105 0604775BR DEFENSE RAPID INNOVATION PROGRAM.. 14,021 14,021
107 0604826J JOINT C5 CAPABILITY DEVELOPMENT, 20,062 20,062
INTEGRATION AND INTEROPERABILITY
ASSESSMENTS.
108 0604873C LONG RANGE DISCRIMINATION RADAR 136,423 136,423
(LRDR).
109 0604874C IMPROVED HOMELAND DEFENSE 412,363 262,363
INTERCEPTORS.
.................................. Program delays................. [-150,000]
110 0604876C BALLISTIC MISSILE DEFENSE TERMINAL 25,137 25,137
DEFENSE SEGMENT TEST.
111 0604878C AEGIS BMD TEST.................... 169,822 148,740
.................................. Rescope FTM-44--Conduct IRBM [-21,082]
test.
112 0604879C BALLISTIC MISSILE DEFENSE SENSOR 105,530 94,566
TEST.
.................................. Rescope FTM-44--Conduct IRBM [-10,964]
test.
113 0604880C LAND-BASED SM-3 (LBSM3)........... 38,352 38,352
115 0604887C BALLISTIC MISSILE DEFENSE 98,139 96,446
MIDCOURSE SEGMENT TEST.
.................................. Rescope FTM-44--Conduct IRBM [-1,693]
test.
117 0300206R ENTERPRISE INFORMATION TECHNOLOGY 1,600 1,600
SYSTEMS.
118 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY 3,191 3,191
(JET) PROGRAM.
119 0305103C CYBER SECURITY INITIATIVE......... 1,138 1,138
120 1206410SDA SPACE TECHNOLOGY DEVELOPMENT AND 85,000 75,000
PROTOTYPING.
.................................. Increase to SDA for multi-GNSS [20,000]
receiver capability
development.
.................................. Space-based discrimination [-15,000]
study.
.................................. Space-based interceptor study.. [-15,000]
121 1206893C SPACE TRACKING & SURVEILLANCE 35,849 35,849
SYSTEM.
122 1206895C BALLISTIC MISSILE DEFENSE SYSTEM 27,565 135,565
SPACE PROGRAMS.
.................................. Hypersonic and Ballistic [108,000]
Tracking Space Sensor.
122A 0604011D8Z NEXT GENERATION INFORMATION 175,000
COMMUNICATIONS TECHNOLOGY (5G).
.................................. Program increase............... [175,000]
.................................. SUBTOTAL ADVANCED COMPONENT 9,797,493 9,496,169
DEVELOPMENT AND PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT AND
DEMONSTRATION
123 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 11,276 11,276
SECURITY EQUIPMENT RDT&E SDD.
124 0604165D8Z PROMPT GLOBAL STRIKE CAPABILITY 107,000 0
DEVELOPMENT.
.................................. Lack of justification--awaiting [-76,000]
policy.
.................................. Transfer to RDTE, Army Line 100 [-31,000]
125 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE 384,047 384,047
PROGRAM--EMD.
126 0604771D8Z JOINT TACTICAL INFORMATION 40,102 43,102
DISTRIBUTION SYSTEM (JTIDS).
.................................. Cyber maturity model [3,000]
certification program.
127 0605000BR COUNTER WEAPONS OF MASS 13,100 13,100
DESTRUCTION SYSTEMS DEVELOPMENT.
128 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 3,070 3,070
129 0605021SE HOMELAND PERSONNEL SECURITY 7,295 7,295
INITIATIVE.
130 0605022D8Z DEFENSE EXPORTABILITY PROGRAM..... 17,615 7,615
.................................. Unjustified growth............. [-10,000]
131 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES 15,653 15,653
132 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT 2,378 2,378
AND DEMONSTRATION.
133 0605075D8Z CMO POLICY AND INTEGRATION........ 1,618 1,618
134 0605080S DEFENSE AGENCY INITIATIVES (DAI)-- 27,944 27,944
FINANCIAL SYSTEM.
135 0605090S DEFENSE RETIRED AND ANNUITANT PAY 6,609 6,609
SYSTEM (DRAS).
136 0605210D8Z DEFENSE-WIDE ELECTRONIC 9,619 9,619
PROCUREMENT CAPABILITIES.
137 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS 175,032 175,032
138 0303140BL INFORMATION SYSTEMS SECURITY 425 425
PROGRAM.
139 0303141K GLOBAL COMBAT SUPPORT SYSTEM...... 1,578 1,578
140 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION 4,373 4,373
MANAGEMENT (EEIM).
141 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT 12,854 12,854
AND DEMONSTRATION.
.................................. SUBTOTAL SYSTEM DEVELOPMENT AND 841,588 727,588
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
142 0603829J JOINT CAPABILITY EXPERIMENTATION.. 13,000 13,000
143 0604774D8Z DEFENSE READINESS REPORTING SYSTEM 9,724 9,724
(DRRS).
144 0604875D8Z JOINT SYSTEMS ARCHITECTURE 9,593 9,593
DEVELOPMENT.
145 0604940D8Z CENTRAL TEST AND EVALUATION 260,267 240,267
INVESTMENT DEVELOPMENT (CTEIP).
.................................. Undistributed.................. [-20,000]
146 0604942D8Z ASSESSMENTS AND EVALUATIONS....... 30,834 30,834
147 0605001E MISSION SUPPORT................... 68,498 68,498
148 0605100D8Z JOINT MISSION ENVIRONMENT TEST 83,091 83,091
CAPABILITY (JMETC).
149 0605104D8Z TECHNICAL STUDIES, SUPPORT AND 18,079 18,079
ANALYSIS.
150 0605126J JOINT INTEGRATED AIR AND MISSILE 70,038 70,038
DEFENSE ORGANIZATION (JIAMDO).
152 0605142D8Z SYSTEMS ENGINEERING............... 37,140 37,140
153 0605151D8Z STUDIES AND ANALYSIS SUPPORT--OSD. 4,759 4,759
154 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY. 8,307 8,307
155 0605170D8Z SUPPORT TO NETWORKS AND 9,441 9,441
INFORMATION INTEGRATION.
156 0605200D8Z GENERAL SUPPORT TO USD 1,700 1,700
(INTELLIGENCE).
157 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE 110,363 110,363
PROGRAM.
166 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH 3,568 3,568
(SBIR)/ SMALL BUSINESS TECHNOLOGY
TRANSFER.
167 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE.. 19,936 19,936
168 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS....... 16,875 19,875
.................................. National Science, Technology, [3,000]
and Security Roundtable with
Academia.
169 0605801KA DEFENSE TECHNICAL INFORMATION 57,716 57,716
CENTER (DTIC).
170 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, 34,448 34,448
TESTING AND EVALUATION.
171 0605804D8Z DEVELOPMENT TEST AND EVALUATION... 22,203 22,203
172 0605898E MANAGEMENT HQ--R&D................ 13,208 13,208
173 0605998KA MANAGEMENT HQ--DEFENSE TECHNICAL 3,027 3,027
INFORMATION CENTER (DTIC).
174 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS.... 8,017 8,017
175 0606225D8Z ODNA TECHNOLOGY AND RESOURCE 3,194 3,194
ANALYSIS.
176 0606589D8W DEFENSE DIGITAL SERVICE (DDS) 1,000 1,000
DEVELOPMENT SUPPORT.
179 0203345D8Z DEFENSE OPERATIONS SECURITY 3,037 3,037
INITIATIVE (DOSI).
180 0204571J JOINT STAFF ANALYTICAL SUPPORT.... 9,216 9,216
183 0303166J SUPPORT TO INFORMATION OPERATIONS 553 553
(IO) CAPABILITIES.
184 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM 1,014 1,014
OFFICE (DMDPO).
185 0305172K COMBINED ADVANCED APPLICATIONS.... 58,667 58,667
187 0305245D8Z INTELLIGENCE CAPABILITIES AND 21,081 21,081
INNOVATION INVESTMENTS.
189 0307588D8Z ALGORITHMIC WARFARE CROSS 221,235 221,235
FUNCTIONAL TEAMS.
191 0804768J COCOM EXERCISE ENGAGEMENT AND 40,073 40,073
TRAINING TRANSFORMATION (CE2T2)--
NON-MHA.
192 0808709SE DEFENSE EQUAL OPPORTUNITY 100 100
MANAGEMENT INSTITUTE (DEOMI).
193 0901598C MANAGEMENT HQ--MDA................ 27,065 27,065
194 0903235K JOINT SERVICE PROVIDER (JSP)...... 3,090 3,090
194A 9999999999 CLASSIFIED PROGRAMS............... 51,471 51,471
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 1,354,628 1,337,628
..................................
.................................. OPERATIONAL SYSTEM DEVELOPMENT
.................................. UNDISTRIBUTED
195 0604130V ENTERPRISE SECURITY SYSTEM (ESS).. 7,945 7,945
196 0604532K JOINT ARTIFICIAL INTELLIGENCE..... 208,834 166,834
.................................. Early to need.................. [-42,000]
197 0605127T REGIONAL INTERNATIONAL OUTREACH 1,947 1,947
(RIO) AND PARTNERSHIP FOR PEACE
INFORMATION MANA.
198 0605147T OVERSEAS HUMANITARIAN ASSISTANCE 310 310
SHARED INFORMATION SYSTEM
(OHASIS).
199 0607210D8Z INDUSTRIAL BASE ANALYSIS AND 10,051 19,051
SUSTAINMENT SUPPORT.
.................................. Composite manufacturing [5,000]
technology.
.................................. Lithium ion batteries.......... [4,000]
200 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS 12,734 12,734
DEVELOPMENT.
201 0607327T GLOBAL THEATER SECURITY 14,800 14,800
COOPERATION MANAGEMENT
INFORMATION SYSTEMS (G-TSCMIS).
202 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE 54,023 54,023
(OPERATIONAL SYSTEMS DEVELOPMENT).
203 0208043J PLANNING AND DECISION AID SYSTEM 4,537 4,537
(PDAS).
204 0208045K C4I INTEROPERABILITY.............. 64,122 64,122
210 0302019K DEFENSE INFO INFRASTRUCTURE 15,798 15,798
ENGINEERING AND INTEGRATION.
211 0303126K LONG-HAUL COMMUNICATIONS--DCS..... 11,166 11,166
212 0303131K MINIMUM ESSENTIAL EMERGENCY 17,383 17,383
COMMUNICATIONS NETWORK (MEECN).
214 0303136G KEY MANAGEMENT INFRASTRUCTURE 54,516 54,516
(KMI).
215 0303140D8Z INFORMATION SYSTEMS SECURITY 67,631 89,631
PROGRAM.
.................................. Cyber institutes for senior [12,000]
military colleges.
.................................. Implementation of Cyber [10,000]
Excepted Service.
216 0303140G INFORMATION SYSTEMS SECURITY 289,080 287,198
PROGRAM.
.................................. Realignment to DISA for [-1,882]
Sharkseer.
217 0303140K INFORMATION SYSTEMS SECURITY 42,796 44,678
PROGRAM.
.................................. Realignment for Sharkseer...... [1,882]
218 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 25,218 25,218
219 0303153K DEFENSE SPECTRUM ORGANIZATION..... 21,698 21,698
220 0303228K JOINT REGIONAL SECURITY STACKS 18,077 18,077
(JRSS).
222 0303430K FEDERAL INVESTIGATIVE SERVICES 44,001 44,001
INFORMATION TECHNOLOGY.
228 0305128V SECURITY AND INVESTIGATIVE 2,400 2,400
ACTIVITIES.
232 0305186D8Z POLICY R&D PROGRAMS............... 6,301 6,301
233 0305199D8Z NET CENTRICITY.................... 21,384 21,384
235 0305208BB DISTRIBUTED COMMON GROUND/SURFACE 6,359 6,359
SYSTEMS.
238 0305208K DISTRIBUTED COMMON GROUND/SURFACE 2,981 2,981
SYSTEMS.
241 0305327V INSIDER THREAT.................... 1,964 1,964
242 0305387D8Z HOMELAND DEFENSE TECHNOLOGY 2,221 2,221
TRANSFER PROGRAM.
250 0708012K LOGISTICS SUPPORT ACTIVITIES...... 1,361 1,361
251 0708012S PACIFIC DISASTER CENTERS.......... 1,770 1,770
252 0708047S DEFENSE PROPERTY ACCOUNTABILITY 3,679 3,679
SYSTEM.
254 1105219BB MQ-9 UAV.......................... 20,697 20,697
256 1160403BB AVIATION SYSTEMS.................. 245,795 263,021
.................................. Program increase--Future [8,800]
Vertical Lift.
.................................. Program increase--RFCM......... [8,426]
257 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT.. 15,484 15,484
258 1160408BB OPERATIONAL ENHANCEMENTS.......... 166,922 166,922
259 1160431BB WARRIOR SYSTEMS................... 62,332 62,332
260 1160432BB SPECIAL PROGRAMS.................. 21,805 21,805
261 1160434BB UNMANNED ISR...................... 37,377 37,377
262 1160480BB SOF TACTICAL VEHICLES............. 11,150 11,150
263 1160483BB MARITIME SYSTEMS.................. 72,626 72,626
264 1160489BB GLOBAL VIDEO SURVEILLANCE 5,363 5,363
ACTIVITIES.
265 1160490BB OPERATIONAL ENHANCEMENTS 12,962 12,962
INTELLIGENCE.
266 1203610K TELEPORT PROGRAM.................. 6,158 6,158
266A 9999999999 CLASSIFIED PROGRAMS............... 4,542,640 4,542,640
.................................. SUBTOTAL OPERATIONAL SYSTEM 6,258,398 6,383,624
DEVELOPMENT.
267A 9999999999 UNDISTRIBUTED..................... 119,000
.................................. Transfer to NRO for weather [119,000]
satellite procurement to
mitigate weather capability
gaps risk in 2022-2023.
.................................. SUBTOTAL UNDISTRIBUTED............ 125,226
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 24,772,953 24,584,855
& EVAL, DW.
..................................
.................................. OPERATIONAL TEST & EVAL, DEFENSE
.................................. MANAGEMENT SUPPORT
001 0605118OTE OPERATIONAL TEST AND EVALUATION... 93,291 93,291
002 0605131OTE LIVE FIRE TEST AND EVALUATION..... 69,172 69,172
003 0605814OTE OPERATIONAL TEST ACTIVITIES AND 58,737 58,737
ANALYSES.
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 221,200 221,200
..................................
.................................. TOTAL OPERATIONAL TEST & EVAL, 221,200 221,200
DEFENSE.
..................................
.................................. TOTAL RDT&E....................... 103,395,544 100,787,668
----------------------------------------------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS
CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS
CONTINGENCY OPERATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 House
Line Program Element Item Request Authorized
------------------------------------------------------------------------
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL,
ARMY
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
074 0603327A AIR AND MISSILE 500 500
DEFENSE SYSTEMS
ENGINEERING.
079 0603747A SOLDIER SUPPORT 3,000 3,000
AND
SURVIVABILITY.
085 0603804A LOGISTICS AND 1,085 1,085
ENGINEER
EQUIPMENT--ADV
DEV.
095 0604117A MANEUVER--SHORT 6,000 0
RANGE AIR
DEFENSE (M-
SHORAD).
............... Unjustified [-6,000]
request.
097 0604119A ARMY ADVANCED 4,529 4,529
COMPONENT
DEVELOPMENT &
PROTOTYPING.
105 0604785A INTEGRATED BASE 2,000 0
DEFENSE (BUDGET
ACTIVITY 4).
............... Unjustified [-2,000]
request.
............... SUBTOTAL 17,114 9,114
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT &
DEMONSTRATION
151 0605035A COMMON INFRARED 11,770 11,770
COUNTERMEASURES
(CIRCM).
159 0605051A AIRCRAFT 77,420 77,420
SURVIVABILITY
DEVELOPMENT.
163 0605203A ARMY SYSTEM 19,527 19,527
DEVELOPMENT &
DEMONSTRATION.
174 0304270A ELECTRONIC 3,200 3,200
WARFARE
DEVELOPMENT.
............... SUBTOTAL SYSTEM 111,917 111,917
DEVELOPMENT &
DEMONSTRATION.
...............
............... RDT&E MANAGEMENT
SUPPORT
200 0606003A COUNTERINTEL AND 1,875 1,875
HUMAN INTEL
MODERNIZATION.
............... SUBTOTAL RDT&E 1,875 1,875
MANAGEMENT
SUPPORT.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
238 0303028A SECURITY AND 22,904 22,904
INTELLIGENCE
ACTIVITIES.
246 0305204A TACTICAL 34,100 34,100
UNMANNED AERIAL
VEHICLES.
247 0305206A AIRBORNE 14,000 14,000
RECONNAISSANCE
SYSTEMS.
252 0307665A BIOMETRICS 2,214 2,214
ENABLED
INTELLIGENCE.
............... SUBTOTAL 73,218 73,218
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL RESEARCH, 204,124 196,124
DEVELOPMENT,
TEST & EVAL,
ARMY.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
028 0603207N AIR/OCEAN 2,400 2,400
TACTICAL
APPLICATIONS.
038 0603527N RETRACT LARCH... 22,000 22,000
057 0603654N JOINT SERVICE 14,178 14,178
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
069 0603795N LAND ATTACK 1,428 1,428
TECHNOLOGY.
............... SUBTOTAL 40,006 40,006
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT &
DEMONSTRATION
143 0604755N SHIP SELF 1,122 1,122
DEFENSE (DETECT
& CONTROL).
............... SUBTOTAL SYSTEM 1,122 1,122
DEVELOPMENT &
DEMONSTRATION.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
228 0206313M MARINE CORPS 15,000 15,000
COMMUNICATIONS
SYSTEMS.
259A 9999999999 CLASSIFIED 108,282 108,282
PROGRAMS.
............... SUBTOTAL 123,282 123,282
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL RESEARCH, 164,410 164,410
DEVELOPMENT,
TEST & EVAL,
NAVY.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL, AF
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
048 0604858F TECH TRANSITION 26,450 26,450
PROGRAM.
072 1206857F SPACE RAPID 17,885 17,885
CAPABILITIES
OFFICE.
............... SUBTOTAL 44,335 44,335
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
177 0205671F JOINT COUNTER 4,000 4,000
RCIED
ELECTRONIC
WARFARE.
217 0208288F INTEL DATA 1,200 1,200
APPLICATIONS.
311A 9999999999 CLASSIFIED 78,713 78,713
PROGRAMS.
............... SUBTOTAL 83,913 83,913
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL RESEARCH, 128,248 128,248
DEVELOPMENT,
TEST & EVAL, AF.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL, DW
............... APPLIED RESEARCH
010 0602134BR COUNTER 1,677 1,677
IMPROVISED-
THREAT ADVANCED
STUDIES.
............... SUBTOTAL APPLIED 1,677 1,677
RESEARCH.
...............
............... ADVANCED
TECHNOLOGY
DEVELOPMENT
025 0603122D8Z COMBATING 25,230 25,230
TERRORISM
TECHNOLOGY
SUPPORT.
027 0603134BR COUNTER 49,528 49,528
IMPROVISED-
THREAT
SIMULATION.
............... SUBTOTAL 74,758 74,758
ADVANCED
TECHNOLOGY
DEVELOPMENT.
...............
............... ADVANCED
COMPONENT
DEVELOPMENT AND
PROTOTYPES
094 0604134BR COUNTER 113,590 113,590
IMPROVISED-
THREAT
DEMONSTRATION,
PROTOTYPE
DEVELOPMENT,
AND TESTING.
............... SUBTOTAL 113,590 113,590
ADVANCED
COMPONENT
DEVELOPMENT AND
PROTOTYPES.
...............
............... OPERATIONAL
SYSTEM
DEVELOPMENT
............... UNDISTRIBUTED
258 1160408BB OPERATIONAL 726 726
ENHANCEMENTS.
259 1160431BB WARRIOR SYSTEMS. 6,000 6,000
261 1160434BB UNMANNED ISR.... 5,000 5,000
266A 9999999999 CLASSIFIED 200,199 200,199
PROGRAMS.
............... SUBTOTAL 211,925 211,925
OPERATIONAL
SYSTEM
DEVELOPMENT.
...............
............... TOTAL RESEARCH, 401,950 401,950
DEVELOPMENT,
TEST & EVAL, DW.
...............
............... TOTAL RDT&E..... 898,732 890,732
------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE.
----------------------------------------------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2020 House
Line Item Request Authorized
----------------------------------------------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS.................................................... 1,735,922 1,659,222
Unjustified growth............................................. [-76,700]
020 MODULAR SUPPORT BRIGADES.......................................... 127,815 126,515
Unjustified growth............................................. [-1,300]
030 ECHELONS ABOVE BRIGADE............................................ 716,356 709,356
Unjustified growth............................................. [-7,000]
040 THEATER LEVEL ASSETS.............................................. 890,891 881,991
Unjustified growth............................................. [-8,900]
050 LAND FORCES OPERATIONS SUPPORT.................................... 1,232,477 1,230,477
Unjustified growth............................................. [-2,000]
060 AVIATION ASSETS................................................... 1,355,606 1,282,106
Excess to need................................................. [-73,500]
070 FORCE READINESS OPERATIONS SUPPORT................................ 3,882,315 2,659,315
Excess FTE request............................................. [-38,000]
Female Personal Protective Equipment........................... [2,000]
Realignment to OCO............................................. [-1,100,000]
Unjustified growth............................................. [-12,000]
Unjustified transfer........................................... [-75,000]
080 LAND FORCES SYSTEMS READINESS..................................... 417,069 417,069
090 LAND FORCES DEPOT MAINTENANCE..................................... 1,633,327 1,633,327
100 BASE OPERATIONS SUPPORT........................................... 8,047,933 8,002,933
Unjustified growth............................................. [-45,000]
110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 4,326,840 4,051,840
Unexecutable growth............................................ [-275,000]
120 MANAGEMENT AND OPERATIONAL HEADQUARTERS........................... 405,612 405,612
160 US AFRICA COMMAND................................................. 251,511 251,511
170 US EUROPEAN COMMAND............................................... 146,358 146,358
180 US SOUTHERN COMMAND............................................... 191,840 218,340
Multi-Mission Support Vessel................................... [18,000]
Overland airborne ISR operations............................... [8,500]
190 US FORCES KOREA................................................... 57,603 57,603
200 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS...................... 423,156 423,156
210 CYBERSPACE ACTIVITIES--CYBERSECURITY.............................. 551,185 551,185
SUBTOTAL OPERATING FORCES......................................... 26,393,816 24,707,916
MOBILIZATION
220 STRATEGIC MOBILITY................................................ 380,577 380,577
230 ARMY PREPOSITIONED STOCKS......................................... 362,942 362,942
240 INDUSTRIAL PREPAREDNESS........................................... 4,637 4,637
SUBTOTAL MOBILIZATION............................................. 748,156 748,156
TRAINING AND RECRUITING
250 OFFICER ACQUISITION............................................... 157,175 157,175
260 RECRUIT TRAINING.................................................. 55,739 55,739
270 ONE STATION UNIT TRAINING......................................... 62,300 62,300
280 SENIOR RESERVE OFFICERS TRAINING CORPS............................ 538,357 538,357
290 SPECIALIZED SKILL TRAINING........................................ 969,813 969,813
300 FLIGHT TRAINING................................................... 1,234,049 1,209,049
Changes to AH-64E Program...................................... [-25,000]
310 PROFESSIONAL DEVELOPMENT EDUCATION................................ 218,338 218,338
320 TRAINING SUPPORT.................................................. 554,659 550,659
Excess travel request.......................................... [-4,000]
330 RECRUITING AND ADVERTISING........................................ 716,056 716,056
340 EXAMINING......................................................... 185,034 185,034
350 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 214,275 214,275
360 CIVILIAN EDUCATION AND TRAINING................................... 147,647 147,647
370 JUNIOR RESERVE OFFICER TRAINING CORPS............................. 173,812 173,812
SUBTOTAL TRAINING AND RECRUITING.................................. 5,227,254 5,198,254
ADMIN & SRVWIDE ACTIVITIES
390 SERVICEWIDE TRANSPORTATION........................................ 559,229 559,229
400 CENTRAL SUPPLY ACTIVITIES......................................... 929,944 927,944
Excess personnel............................................... [-2,000]
410 LOGISTIC SUPPORT ACTIVITIES....................................... 629,981 629,981
420 AMMUNITION MANAGEMENT............................................. 458,771 458,771
430 ADMINISTRATION.................................................... 428,768 428,768
440 SERVICEWIDE COMMUNICATIONS........................................ 1,512,736 1,512,736
450 MANPOWER MANAGEMENT............................................... 272,738 272,738
460 OTHER PERSONNEL SUPPORT........................................... 391,869 381,869
Unjustified growth............................................. [-10,000]
470 OTHER SERVICE SUPPORT............................................. 1,901,165 1,896,080
Unjustified headquarters growth................................ [-5,085]
480 ARMY CLAIMS ACTIVITIES............................................ 198,765 198,765
490 REAL ESTATE MANAGEMENT............................................ 226,248 226,248
500 FINANCIAL MANAGEMENT AND AUDIT READINESS.......................... 315,489 310,489
Unjustified growth to General Fund Enterprise Business System.. [-5,000]
510 INTERNATIONAL MILITARY HEADQUARTERS............................... 427,254 427,254
520 MISC. SUPPORT OF OTHER NATIONS.................................... 43,248 43,248
565 CLASSIFIED PROGRAMS............................................... 1,347,053 1,347,053
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES............................... 9,643,258 9,621,173
UNDISTRIBUTED
570 UNDISTRIBUTED..................................................... -110,000
Overestimation of Civilian FTE Targets......................... [-110,000]
SUBTOTAL UNDISTRIBUTED............................................ -110,000
TOTAL OPERATION & MAINTENANCE, ARMY............................... 42,012,484 40,165,499
OPERATION & MAINTENANCE, ARMY RES
OPERATING FORCES
010 MODULAR SUPPORT BRIGADES.......................................... 11,927 11,927
020 ECHELONS ABOVE BRIGADE............................................ 533,015 533,015
030 THEATER LEVEL ASSETS.............................................. 119,517 118,101
Insufficient justification..................................... [-1,416]
040 LAND FORCES OPERATIONS SUPPORT.................................... 550,468 548,268
Insufficient justification..................................... [-2,200]
050 AVIATION ASSETS................................................... 86,670 85,170
Unjustified growth............................................. [-1,500]
060 FORCE READINESS OPERATIONS SUPPORT................................ 390,061 388,661
Excess civilian increase....................................... [-400]
Excess travel increase......................................... [-1,000]
070 LAND FORCES SYSTEMS READINESS..................................... 101,890 101,890
080 LAND FORCES DEPOT MAINTENANCE..................................... 48,503 48,503
090 BASE OPERATIONS SUPPORT........................................... 598,907 598,907
100 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 444,376 444,376
110 MANAGEMENT AND OPERATIONAL HEADQUARTERS........................... 22,095 22,095
120 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS...................... 3,288 3,288
130 CYBERSPACE ACTIVITIES--CYBERSECURITY.............................. 7,655 7,655
SUBTOTAL OPERATING FORCES......................................... 2,918,372 2,911,856
ADMIN & SRVWD ACTIVITIES
140 SERVICEWIDE TRANSPORTATION........................................ 14,533 14,533
150 ADMINISTRATION.................................................... 17,231 17,231
160 SERVICEWIDE COMMUNICATIONS........................................ 14,304 14,304
170 MANPOWER MANAGEMENT............................................... 6,129 6,129
180 RECRUITING AND ADVERTISING........................................ 58,541 58,541
SUBTOTAL ADMIN & SRVWD ACTIVITIES................................. 110,738 110,738
TOTAL OPERATION & MAINTENANCE, ARMY RES........................... 3,029,110 3,022,594
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS.................................................... 805,671 797,671
Excess growth.................................................. [-8,000]
020 MODULAR SUPPORT BRIGADES.......................................... 195,334 193,334
Excess growth.................................................. [-2,000]
030 ECHELONS ABOVE BRIGADE............................................ 771,048 770,548
Excess growth.................................................. [-500]
040 THEATER LEVEL ASSETS.............................................. 94,726 91,826
Excess growth.................................................. [-2,900]
050 LAND FORCES OPERATIONS SUPPORT.................................... 33,696 33,696
060 AVIATION ASSETS................................................... 981,819 973,819
Insufficient justification..................................... [-8,000]
070 FORCE READINESS OPERATIONS SUPPORT................................ 743,206 743,206
080 LAND FORCES SYSTEMS READINESS..................................... 50,963 50,963
090 LAND FORCES DEPOT MAINTENANCE..................................... 258,278 249,778
Insufficient justification..................................... [-8,500]
100 BASE OPERATIONS SUPPORT........................................... 1,153,076 1,121,576
Insufficient justification..................................... [-31,500]
110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 1,113,475 1,033,475
Insufficient justification..................................... [-80,000]
120 MANAGEMENT AND OPERATIONAL HEADQUARTERS........................... 1,001,042 987,042
Insufficient justification..................................... [-14,000]
130 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS...................... 8,448 8,448
140 CYBERSPACE ACTIVITIES--CYBERSECURITY.............................. 7,768 7,768
SUBTOTAL OPERATING FORCES......................................... 7,218,550 7,063,150
ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE TRANSPORTATION........................................ 9,890 9,890
160 ADMINISTRATION.................................................... 71,070 71,070
170 SERVICEWIDE COMMUNICATIONS........................................ 68,213 68,213
180 MANPOWER MANAGEMENT............................................... 8,628 8,628
190 OTHER PERSONNEL SUPPORT........................................... 250,376 250,376
200 REAL ESTATE MANAGEMENT............................................ 2,676 2,676
SUBTOTAL ADMIN & SRVWD ACTIVITIES................................. 410,853 410,853
TOTAL OPERATION & MAINTENANCE, ARNG............................... 7,629,403 7,474,003
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT OPERATIONS............................... 5,309,109 5,029,734
Excess growth.................................................. [-15,000]
Projected underexecution....................................... [-50,000]
Realignment to OCO............................................. [-214,375]
020 FLEET AIR TRAINING................................................ 2,284,828 2,234,828
Projected underexecution....................................... [-50,000]
030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES.................... 59,299 59,299
040 AIR OPERATIONS AND SAFETY SUPPORT................................. 155,896 155,896
050 AIR SYSTEMS SUPPORT............................................... 719,107 719,107
060 AIRCRAFT DEPOT MAINTENANCE........................................ 1,154,181 1,154,181
070 AIRCRAFT DEPOT OPERATIONS SUPPORT................................. 60,402 59,202
Excess growth.................................................. [-1,200]
080 AVIATION LOGISTICS................................................ 1,241,421 1,219,421
Projected underexecution....................................... [-22,000]
090 MISSION AND OTHER SHIP OPERATIONS................................. 4,097,262 3,596,262
Realignment to OCO............................................. [-450,000]
Unjustified growth............................................. [-51,000]
100 SHIP OPERATIONS SUPPORT & TRAINING................................ 1,031,792 1,029,792
Excess civilian growth......................................... [-2,000]
110 SHIP DEPOT MAINTENANCE............................................ 8,061,298 8,895,298
Surface ship maintenance....................................... [161,000]
USS Boise...................................................... [310,000]
USS Columbus................................................... [57,000]
USS Hartford................................................... [306,000]
120 SHIP DEPOT OPERATIONS SUPPORT..................................... 2,073,641 2,066,141
Insufficient justification..................................... [-7,500]
130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE...................... 1,378,856 1,378,856
140 SPACE SYSTEMS AND SURVEILLANCE.................................... 276,245 273,745
Unjustified growth............................................. [-2,500]
150 WARFARE TACTICS................................................... 675,209 675,209
160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY.......................... 389,516 389,516
170 COMBAT SUPPORT FORCES............................................. 1,536,310 1,526,310
Unjustified growth............................................. [-10,000]
180 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT................ 161,579 161,579
190 COMBATANT COMMANDERS CORE OPERATIONS.............................. 59,521 59,521
200 COMBATANT COMMANDERS DIRECT MISSION SUPPORT....................... 93,978 93,978
210 MILITARY INFORMATION SUPPORT OPERATIONS........................... 8,641 8,641
220 CYBERSPACE ACTIVITIES............................................. 496,385 496,385
230 FLEET BALLISTIC MISSILE........................................... 1,423,339 1,423,339
240 WEAPONS MAINTENANCE............................................... 924,069 895,032
Insufficient justification..................................... [-29,037]
250 OTHER WEAPON SYSTEMS SUPPORT...................................... 540,210 540,210
260 ENTERPRISE INFORMATION............................................ 1,131,627 1,081,627
Unjustified growth............................................. [-50,000]
270 SUSTAINMENT, RESTORATION AND MODERNIZATION........................ 3,029,634 2,929,634
Unexecutable growth............................................ [-100,000]
280 BASE OPERATING SUPPORT............................................ 4,414,943 4,414,943
SUBTOTAL OPERATING FORCES......................................... 42,788,298 42,567,686
MOBILIZATION
290 SHIP PREPOSITIONING AND SURGE..................................... 942,902 668,561
Realignment to NDSF (DoD mobilization alterations)............. [-9,590]
Realignment to NDSF (LSMR maintenance)......................... [-264,751]
300 READY RESERVE FORCE............................................... 352,044 0
Realignment to NDSF............................................ [-352,044]
310 SHIP ACTIVATIONS/INACTIVATIONS.................................... 427,555 427,555
320 EXPEDITIONARY HEALTH SERVICES SYSTEMS............................. 137,597 40,730
Realignment to NDSF (TAH maintenance).......................... [-96,867]
330 COAST GUARD SUPPORT............................................... 24,604 24,604
SUBTOTAL MOBILIZATION............................................. 1,884,702 1,161,450
TRAINING AND RECRUITING
340 OFFICER ACQUISITION............................................... 150,765 150,765
350 RECRUIT TRAINING.................................................. 11,584 11,584
360 RESERVE OFFICERS TRAINING CORPS................................... 159,133 159,133
370 SPECIALIZED SKILL TRAINING........................................ 911,316 891,316
Insufficient justification..................................... [-20,000]
380 PROFESSIONAL DEVELOPMENT EDUCATION................................ 185,211 186,261
Program Increase: Sea Cadets................................... [1,050]
390 TRAINING SUPPORT.................................................. 267,224 267,224
400 RECRUITING AND ADVERTISING........................................ 209,252 209,252
410 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 88,902 88,902
420 CIVILIAN EDUCATION AND TRAINING................................... 67,492 67,492
430 JUNIOR ROTC....................................................... 55,164 55,164
SUBTOTAL TRAINING AND RECRUITING.................................. 2,106,043 2,087,093
ADMIN & SRVWD ACTIVITIES
440 ADMINISTRATION.................................................... 1,143,358 1,096,733
Excess civilian growth......................................... [-14,375]
Insufficient justification--MHA Transfer....................... [-25,500]
Unjustified growth............................................. [-6,750]
450 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT........................ 178,342 175,342
Excess civilian growth......................................... [-3,000]
460 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................ 418,413 418,413
490 SERVICEWIDE TRANSPORTATION........................................ 157,465 157,465
510 PLANNING, ENGINEERING, AND PROGRAM SUPPORT........................ 485,397 485,397
520 ACQUISITION, LOGISTICS, AND OVERSIGHT............................. 654,137 654,137
530 INVESTIGATIVE AND SECURITY SERVICES............................... 718,061 718,061
645 CLASSIFIED PROGRAMS............................................... 591,535 591,535
SUBTOTAL ADMIN & SRVWD ACTIVITIES................................. 4,346,708 4,297,083
UNDISTRIBUTED
650 UNDISTRIBUTED..................................................... -30,000
Overestimation of Civilian FTE Targets......................... [-30,000]
SUBTOTAL UNDISTRIBUTED............................................ -30,000
TOTAL OPERATION & MAINTENANCE, NAVY............................... 51,125,751 50,083,312
OPERATION & MAINTENANCE, MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES................................................ 968,224 927,224
Excess civilian growth......................................... [-1,000]
Unjustified growth............................................. [-40,000]
020 FIELD LOGISTICS................................................... 1,278,533 1,269,533
Excess civilian growth......................................... [-2,000]
Unjustified growth............................................. [-7,000]
030 DEPOT MAINTENANCE................................................. 232,991 232,991
040 MARITIME PREPOSITIONING........................................... 100,396 100,396
050 CYBERSPACE ACTIVITIES............................................. 203,580 201,580
Excess civilian growth......................................... [-2,000]
060 SUSTAINMENT, RESTORATION & MODERNIZATION.......................... 1,559,034 1,559,034
070 BASE OPERATING SUPPORT............................................ 2,253,776 2,213,776
Excess civilian growth......................................... [-6,000]
Unjustified growth............................................. [-34,000]
SUBTOTAL OPERATING FORCES......................................... 6,596,534 6,504,534
TRAINING AND RECRUITING
080 RECRUIT TRAINING.................................................. 21,240 21,240
090 OFFICER ACQUISITION............................................... 1,168 1,168
100 SPECIALIZED SKILL TRAINING........................................ 106,601 106,601
110 PROFESSIONAL DEVELOPMENT EDUCATION................................ 49,095 49,095
120 TRAINING SUPPORT.................................................. 407,315 403,715
Excess civilian growth......................................... [-1,300]
Unjustified growth............................................. [-2,300]
130 RECRUITING AND ADVERTISING........................................ 210,475 210,475
140 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 42,810 42,810
150 JUNIOR ROTC....................................................... 25,183 25,183
SUBTOTAL TRAINING AND RECRUITING.................................. 863,887 860,287
ADMIN & SRVWD ACTIVITIES
160 SERVICEWIDE TRANSPORTATION........................................ 29,894 29,894
170 ADMINISTRATION.................................................... 384,352 383,002
Excess civilian growth......................................... [-750]
Unjustified growth............................................. [-600]
225 CLASSIFIED PROGRAMS............................................... 52,057 52,057
SUBTOTAL ADMIN & SRVWD ACTIVITIES................................. 466,303 464,953
TOTAL OPERATION & MAINTENANCE, MARINE CORPS....................... 7,926,724 7,829,774
OPERATION & MAINTENANCE, NAVY RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT OPERATIONS............................... 654,220 639,220
Unjustified growth............................................. [-15,000]
020 INTERMEDIATE MAINTENANCE.......................................... 8,767 8,767
030 AIRCRAFT DEPOT MAINTENANCE........................................ 108,236 108,236
040 AIRCRAFT DEPOT OPERATIONS SUPPORT................................. 463 463
050 AVIATION LOGISTICS................................................ 26,014 26,014
060 SHIP OPERATIONS SUPPORT & TRAINING................................ 583 583
070 COMBAT COMMUNICATIONS............................................. 17,883 17,883
080 COMBAT SUPPORT FORCES............................................. 128,079 128,079
090 CYBERSPACE ACTIVITIES............................................. 356 356
100 ENTERPRISE INFORMATION............................................ 26,133 26,133
110 SUSTAINMENT, RESTORATION AND MODERNIZATION........................ 35,397 35,397
120 BASE OPERATING SUPPORT............................................ 101,376 101,376
SUBTOTAL OPERATING FORCES......................................... 1,107,507 1,092,507
ADMIN & SRVWD ACTIVITIES
130 ADMINISTRATION.................................................... 1,888 1,888
140 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................ 12,778 12,778
150 ACQUISITION AND PROGRAM MANAGEMENT................................ 2,943 2,943
SUBTOTAL ADMIN & SRVWD ACTIVITIES................................. 17,609 17,609
TOTAL OPERATION & MAINTENANCE, NAVY RES........................... 1,125,116 1,110,116
OPERATION & MAINTENANCE, MC RESERVE
OPERATING FORCES
010 OPERATING FORCES.................................................. 106,484 106,484
020 DEPOT MAINTENANCE................................................. 18,429 18,429
030 SUSTAINMENT, RESTORATION AND MODERNIZATION........................ 47,516 47,516
040 BASE OPERATING SUPPORT............................................ 106,073 106,073
SUBTOTAL OPERATING FORCES......................................... 278,502 278,502
ADMIN & SRVWD ACTIVITIES
050 ADMINISTRATION.................................................... 13,574 13,574
SUBTOTAL ADMIN & SRVWD ACTIVITIES................................. 13,574 13,574
TOTAL OPERATION & MAINTENANCE, MC RESERVE......................... 292,076 292,076
OPERATION & MAINTENANCE, AIR FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES............................................. 729,127 727,477
Excess travel costs............................................ [-1,650]
020 COMBAT ENHANCEMENT FORCES......................................... 1,318,770 1,318,770
030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS).................... 1,486,790 1,446,790
Unjustified growth............................................. [-40,000]
040 DEPOT PURCHASE EQUIPMENT MAINTENANCE.............................. 3,334,792 3,534,792
Readiness restoration.......................................... [200,000]
050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 4,142,435 4,142,435
060 CYBERSPACE SUSTAINMENT............................................ 228,811 228,811
070 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT................... 8,329,364 8,438,364
Expansion of Conditions Based Maintenance Plus (CBM+).......... [18,000]
Readiness restoration.......................................... [91,000]
080 FLYING HOUR PROGRAM............................................... 4,048,773 3,498,773
Realignment to OCO............................................. [-550,000]
090 BASE SUPPORT...................................................... 7,223,982 7,073,982
Insufficient justification..................................... [-150,000]
100 GLOBAL C3I AND EARLY WARNING...................................... 964,553 964,553
110 OTHER COMBAT OPS SPT PROGRAMS..................................... 1,032,307 1,026,161
Unjustified growth............................................. [-6,146]
120 CYBERSPACE ACTIVITIES............................................. 670,076 670,076
140 LAUNCH FACILITIES................................................. 179,980 179,980
150 SPACE CONTROL SYSTEMS............................................. 467,990 464,490
Insufficient justification..................................... [-3,500]
160 US NORTHCOM/NORAD................................................. 184,655 184,655
170 US STRATCOM....................................................... 478,357 478,357
180 US CYBERCOM....................................................... 323,121 323,121
190 US CENTCOM........................................................ 160,989 160,989
200 US SOCOM.......................................................... 6,225 6,225
210 US TRANSCOM....................................................... 544 544
220 CENTCOM CYBERSPACE SUSTAINMENT.................................... 2,073 2,073
230 USSPACECOM........................................................ 70,588 70,588
235 CLASSIFIED PROGRAMS............................................... 1,322,944 1,322,944
SUBTOTAL OPERATING FORCES......................................... 36,707,246 36,264,950
MOBILIZATION
240 AIRLIFT OPERATIONS................................................ 1,158,142 1,151,342
Unjustified growth............................................. [-6,800]
250 MOBILIZATION PREPAREDNESS......................................... 138,672 130,172
Unjustified growth............................................. [-8,500]
SUBTOTAL MOBILIZATION............................................. 1,296,814 1,281,514
TRAINING AND RECRUITING
260 OFFICER ACQUISITION............................................... 130,835 130,835
270 RECRUIT TRAINING.................................................. 26,021 26,021
280 RESERVE OFFICERS TRAINING CORPS (ROTC)............................ 121,391 121,391
290 SPECIALIZED SKILL TRAINING........................................ 454,539 449,539
Insufficient justification..................................... [-5,000]
300 FLIGHT TRAINING................................................... 600,565 600,565
310 PROFESSIONAL DEVELOPMENT EDUCATION................................ 282,788 282,788
320 TRAINING SUPPORT.................................................. 123,988 119,988
Unjustified growth............................................. [-4,000]
330 RECRUITING AND ADVERTISING........................................ 167,731 167,731
340 EXAMINING......................................................... 4,576 4,576
350 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 211,911 211,911
360 CIVILIAN EDUCATION AND TRAINING................................... 219,021 219,021
370 JUNIOR ROTC....................................................... 62,092 62,092
SUBTOTAL TRAINING AND RECRUITING.................................. 2,405,458 2,396,458
ADMIN & SRVWD ACTIVITIES
380 LOGISTICS OPERATIONS.............................................. 664,926 664,926
390 TECHNICAL SUPPORT ACTIVITIES...................................... 101,483 101,483
400 ADMINISTRATION.................................................... 892,480 892,480
410 SERVICEWIDE COMMUNICATIONS........................................ 152,532 152,532
420 OTHER SERVICEWIDE ACTIVITIES...................................... 1,254,089 1,254,089
430 CIVIL AIR PATROL.................................................. 30,070 37,200
Improved emergency crew readiness.............................. [7,130]
460 INTERNATIONAL SUPPORT............................................. 136,110 136,110
465 CLASSIFIED PROGRAMS............................................... 1,269,624 1,269,624
SUBTOTAL ADMIN & SRVWD ACTIVITIES................................. 4,501,314 4,508,444
TOTAL OPERATION & MAINTENANCE, AIR FORCE.......................... 44,910,832 44,451,366
OPERATION & MAINTENANCE, SPACE FORCE
OPERATING FORCES
010 BASE SUPPORT...................................................... 72,436 15,000
Insufficient justification..................................... [-57,436]
SUBTOTAL OPERATING FORCES......................................... 72,436 15,000
TOTAL OPERATION & MAINTENANCE, SPACE FORCE........................ 72,436 15,000
OPERATION & MAINTENANCE, AF RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES............................................. 1,781,413 1,739,288
Delay in KC-46 aircraft delivery............................... [-31,492]
Excess Growth.................................................. [-10,633]
020 MISSION SUPPORT OPERATIONS........................................ 209,650 204,150
Insufficient justification..................................... [-5,500]
030 DEPOT PURCHASE EQUIPMENT MAINTENANCE.............................. 494,235 484,235
Excess growth.................................................. [-10,000]
040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 128,746 128,746
050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT................... 256,512 256,512
060 BASE SUPPORT...................................................... 414,626 414,626
070 CYBERSPACE ACTIVITIES............................................. 1,673 1,673
SUBTOTAL OPERATING FORCES......................................... 3,286,855 3,229,230
ADMINISTRATION AND SERVICEWIDE ACTIVITIES
080 ADMINISTRATION.................................................... 69,436 69,436
090 RECRUITING AND ADVERTISING........................................ 22,124 22,124
100 MILITARY MANPOWER AND PERS MGMT (ARPC)............................ 10,946 10,946
110 OTHER PERS SUPPORT (DISABILITY COMP).............................. 7,009 7,009
120 AUDIOVISUAL....................................................... 448 448
SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES................ 109,963 109,963
TOTAL OPERATION & MAINTENANCE, AF RESERVE......................... 3,396,818 3,339,193
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS............................................... 2,497,967 2,414,000
Delay in KC-46 aircraft delivery............................... [-5,267]
Insufficient justification..................................... [-78,700]
020 MISSION SUPPORT OPERATIONS........................................ 600,377 585,377
Insufficient justification..................................... [-15,000]
030 DEPOT PURCHASE EQUIPMENT MAINTENANCE.............................. 879,467 872,467
Excess growth.................................................. [-7,000]
040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 400,734 395,134
Insufficient justification..................................... [-5,600]
050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT................... 1,299,089 1,290,089
Excess growth.................................................. [-9,000]
060 BASE SUPPORT...................................................... 911,775 901,775
Insufficient justification..................................... [-10,000]
070 CYBERSPACE SUSTAINMENT............................................ 24,742 24,742
080 CYBERSPACE ACTIVITIES............................................. 25,507 25,507
SUBTOTAL OPERATING FORCES......................................... 6,639,658 6,509,091
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
090 ADMINISTRATION.................................................... 47,215 47,215
100 RECRUITING AND ADVERTISING........................................ 40,356 40,356
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES............... 87,571 87,571
TOTAL OPERATION & MAINTENANCE, ANG................................ 6,727,229 6,596,662
OPERATION AND MAINTENANCE, DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF............................................. 409,542 409,542
020 JOINT CHIEFS OF STAFF--CE2T2...................................... 579,179 579,179
030 JOINT CHIEFS OF STAFF--CYBER...................................... 24,598 24,598
040 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES.......... 1,075,762 1,075,762
050 SPECIAL OPERATIONS COMMAND CYBERSPACE ACTIVITIES.................. 14,409 14,409
060 SPECIAL OPERATIONS COMMAND INTELLIGENCE........................... 501,747 486,747
Program decrease--SOCRATES..................................... [-9,000]
Unjustified growth--DCGS....................................... [-6,000]
070 SPECIAL OPERATIONS COMMAND MAINTENANCE............................ 559,300 544,300
Projected underexecution....................................... [-15,000]
080 SPECIAL OPERATIONS COMMAND MANAGEMENT/OPERATIONAL HEADQUARTERS.... 177,928 177,928
090 SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT.................... 925,262 899,262
Base support underexecution.................................... [-6,000]
Operational support underexecution............................. [-10,000]
Unjustified growth--C4IAS Saas................................. [-10,000]
100 SPECIAL OPERATIONS COMMAND THEATER FORCES......................... 2,764,738 2,724,738
Program decrease............................................... [-55,000]
Program increase--suicide prevention........................... [15,000]
SUBTOTAL OPERATING FORCES......................................... 7,032,465 6,936,465
TRAINING AND RECRUITING
120 DEFENSE ACQUISITION UNIVERSITY.................................... 180,250 180,250
130 JOINT CHIEFS OF STAFF............................................. 100,610 100,610
140 PROFESSIONAL DEVELOPMENT EDUCATION................................ 33,967 33,967
SUBTOTAL TRAINING AND RECRUITING.................................. 314,827 314,827
ADMIN & SRVWIDE ACTIVITIES
160 CIVIL MILITARY PROGRAMS........................................... 165,707 195,707
Program increase--STARBASE..................................... [30,000]
180 DEFENSE CONTRACT AUDIT AGENCY..................................... 627,467 627,467
190 DEFENSE CONTRACT AUDIT AGENCY--CYBER.............................. 3,362 3,362
200 DEFENSE CONTRACT MANAGEMENT AGENCY................................ 1,438,068 1,438,068
210 DEFENSE CONTRACT MANAGEMENT AGENCY--CYBER......................... 24,391 24,391
220 DEFENSE HUMAN RESOURCES ACTIVITY.................................. 892,438 898,438
Program increase--national flagship language initiative........ [6,000]
230 DEFENSE INFORMATION SYSTEMS AGENCY................................ 2,012,885 2,028,022
Realignment for Sharkseer...................................... [35,137]
Unjustified growth............................................. [-20,000]
240 DEFENSE INFORMATION SYSTEMS AGENCY--CYBER......................... 601,223 601,223
270 DEFENSE LEGAL SERVICES AGENCY..................................... 34,632 34,632
280 DEFENSE LOGISTICS AGENCY.......................................... 415,699 430,199
Excess growth.................................................. [-5,000]
Program increase--PTAP......................................... [19,500]
290 DEFENSE MEDIA ACTIVITY............................................ 202,792 196,792
Program decrease............................................... [-6,000]
300 DEFENSE PERSONNEL ACCOUNTING AGENCY............................... 144,881 144,881
310 DEFENSE SECURITY COOPERATION AGENCY............................... 696,884 681,884
Increase for AM&E.............................................. [11,000]
Increase for AM&E.............................................. [-11,000]
Unjustified growth............................................. [-15,000]
320 DEFENSE SECURITY SERVICE.......................................... 889,664 889,664
340 DEFENSE SECURITY SERVICE--CYBER................................... 9,220 9,220
360 DEFENSE TECHNICAL INFORMATION CENTER.............................. 3,000 3,000
370 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION........................ 35,626 35,626
380 DEFENSE THREAT REDUCTION AGENCY................................... 568,133 568,133
400 DEFENSE THREAT REDUCTION AGENCY--CYBER............................ 13,339 13,339
410 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY.......................... 2,932,226 2,982,226
Program increase--impact aid for children with severe [10,000]
disabilites...................................................
Program increase--impact aid to schools with military [40,000]
dependents....................................................
420 MISSILE DEFENSE AGENCY............................................ 522,529 522,529
450 OFFICE OF ECONOMIC ADJUSTMENT..................................... 59,513 114,913
Civilian growth................................................ [400]
Defense Community Infrastructure Program (DCIP)................ [50,000]
Program increase--military aviation noise pilot program........ [5,000]
460 OFFICE OF THE SECRETARY OF DEFENSE................................ 1,604,738 1,529,476
Basic Needs Allowance for low-income regular members........... [15,000]
Excess growth.................................................. [-58,839]
Increase to OUSD(A&S)--JASONs.................................. [7,000]
Military aviation safety commission............................ [3,000]
Program decrease............................................... [-53,000]
Readiness and Environmental Protection Initiative increase..... [25,000]
Reduction to OUSD(R&E)--JASONs................................. [-7,000]
Unjustified growth............................................. [-6,423]
470 OFFICE OF THE SECRETARY OF DEFENSE--CYBER......................... 48,783 48,783
480 SPACE DEVELOPMENT AGENCY.......................................... 44,750 44,750
500 WASHINGTON HEADQUARTERS SERVICES.................................. 324,001 296,201
Insufficient justification..................................... [-27,800]
505 CLASSIFIED PROGRAMS............................................... 15,816,598 15,755,461
Classified adjustment.......................................... [-26,000]
Realignment to DISA for Sharkseer.............................. [-35,137]
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES............................... 30,132,549 30,118,387
TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE..................... 37,479,841 37,369,379
US COURT OF APPEALS FOR ARMED FORCES, DEF
ADMINISTRATION AND ASSOCIATED ACTIVITIES
010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE................. 14,771 14,771
SUBTOTAL ADMINISTRATION AND ASSOCIATED ACTIVITIES................. 14,771 14,771
TOTAL US COURT OF APPEALS FOR ARMED FORCES, DEF................... 14,771 14,771
DOD ACQUISITION WORKFORCE DEVELOPMENT FUND
ACQUISITION WORKFORCE DEVELOPMENT
010 ACQ WORKFORCE DEV FD.............................................. 400,000 375,000
Program decrease............................................... [-25,000]
SUBTOTAL ACQUISITION WORKFORCE DEVELOPMENT........................ 400,000 375,000
TOTAL DOD ACQUISITION WORKFORCE DEVELOPMENT FUND.................. 400,000 375,000
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
HUMANITARIAN ASSISTANCE
010 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID..................... 108,600 110,800
Increase for HMA............................................... [2,200]
SUBTOTAL HUMANITARIAN ASSISTANCE.................................. 108,600 110,800
TOTAL OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID.............. 108,600 110,800
COOPERATIVE THREAT REDUCTION ACCOUNT
COOPERATIVE THREAT REDUCTION
010 COOPERATIVE THREAT REDUCTION...................................... 338,700 338,700
SUBTOTAL COOPERATIVE THREAT REDUCTION............................. 338,700 338,700
TOTAL COOPERATIVE THREAT REDUCTION ACCOUNT........................ 338,700 338,700
ENVIRONMENTAL RESTORATION, ARMY
DEPARTMENT OF THE ARMY
050 ENVIRONMENTAL RESTORATION, ARMY................................... 207,518 235,809
Perfluorinated chemicals....................................... [28,291]
SUBTOTAL DEPARTMENT OF THE ARMY................................... 207,518 235,809
TOTAL ENVIRONMENTAL RESTORATION, ARMY............................. 207,518 235,809
ENVIRONMENTAL RESTORATION, NAVY
DEPARTMENT OF THE NAVY
060 ENVIRONMENTAL RESTORATION, NAVY................................... 335,932 365,883
Perfluorinated chemicals....................................... [29,951]
SUBTOTAL DEPARTMENT OF THE NAVY................................... 335,932 365,883
TOTAL ENVIRONMENTAL RESTORATION, NAVY............................. 335,932 365,883
ENVIRONMENTAL RESTORATION, AIR FORCE
DEPARTMENT OF THE AIR FORCE
070 ENVIRONMENTAL RESTORATION, AIR FORCE.............................. 302,744 365,808
Perfluorinated chemicals....................................... [63,064]
SUBTOTAL DEPARTMENT OF THE AIR FORCE.............................. 302,744 365,808
TOTAL ENVIRONMENTAL RESTORATION, AIR FORCE........................ 302,744 365,808
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
080 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE........................... 9,105 19,002
Perfluorinated chemicals....................................... [9,897]
SUBTOTAL DEFENSE-WIDE............................................. 9,105 19,002
TOTAL ENVIRONMENTAL RESTORATION, DEFENSE-WIDE..................... 9,105 19,002
ENVIRONMENTAL RESTORATION FORMERLY USED SITES
DEFENSE-WIDE
090 ENVIRONMENTAL RESTORATION FORMERLY USED SITES..................... 216,499 216,499
SUBTOTAL DEFENSE-WIDE............................................. 216,499 216,499
TOTAL ENVIRONMENTAL RESTORATION FORMERLY USED SITES............... 216,499 216,499
TOTAL OPERATION & MAINTENANCE..................................... 207,661,689 203,791,546
----------------------------------------------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY
OPERATIONS.
------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 House
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS................ 1,410,874 1,410,874
030 ECHELONS ABOVE BRIGADE........ 26,502 26,502
040 THEATER LEVEL ASSETS.......... 2,274,490 2,274,490
050 LAND FORCES OPERATIONS SUPPORT 136,288 136,288
060 AVIATION ASSETS............... 300,240 300,240
070 FORCE READINESS OPERATIONS 3,415,009 4,515,009
SUPPORT......................
Realignment from base..... [1,100,000]
080 LAND FORCES SYSTEMS READINESS. 29,985 29,985
090 LAND FORCES DEPOT MAINTENANCE. 86,931 86,931
100 BASE OPERATIONS SUPPORT....... 115,706 115,706
110 FACILITIES SUSTAINMENT, 72,657 72,657
RESTORATION & MODERNIZATION..
130 ADDITIONAL ACTIVITIES......... 6,397,586 6,397,586
140 COMMANDER'S EMERGENCY RESPONSE 5,000 0
PROGRAM......................
Realignment of redress and [-5,000]
loss funding..............
150 RESET......................... 1,048,896 1,048,896
160 US AFRICA COMMAND............. 203,174 203,174
170 US EUROPEAN COMMAND........... 173,676 173,676
200 CYBERSPACE ACTIVITIES-- 188,529 188,529
CYBERSPACE OPERATIONS........
210 CYBERSPACE ACTIVITIES-- 5,682 5,682
CYBERSECURITY................
SUBTOTAL OPERATING FORCES..... 15,891,225 16,986,225
MOBILIZATION
230 ARMY PREPOSITIONED STOCKS..... 131,954 131,954
SUBTOTAL MOBILIZATION......... 131,954 131,954
ADMIN & SRVWIDE ACTIVITIES
390 SERVICEWIDE TRANSPORTATION.... 721,014 721,014
400 CENTRAL SUPPLY ACTIVITIES..... 66,845 66,845
410 LOGISTIC SUPPORT ACTIVITIES... 9,309 9,309
420 AMMUNITION MANAGEMENT......... 23,653 23,653
460 OTHER PERSONNEL SUPPORT....... 109,019 109,019
490 REAL ESTATE MANAGEMENT........ 251,355 251,355
565 CLASSIFIED PROGRAMS........... 1,568,564 1,568,564
SUBTOTAL ADMIN & SRVWIDE 2,749,759 2,749,759
ACTIVITIES...................
TOTAL OPERATION & MAINTENANCE, 18,772,938 19,867,938
ARMY.........................
OPERATION & MAINTENANCE, ARMY
RES
OPERATING FORCES
020 ECHELONS ABOVE BRIGADE........ 20,440 20,440
060 FORCE READINESS OPERATIONS 689 689
SUPPORT......................
090 BASE OPERATIONS SUPPORT....... 16,463 16,463
SUBTOTAL OPERATING FORCES..... 37,592 37,592
TOTAL OPERATION & MAINTENANCE, 37,592 37,592
ARMY RES.....................
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS................ 45,896 45,896
020 MODULAR SUPPORT BRIGADES...... 180 180
030 ECHELONS ABOVE BRIGADE........ 2,982 2,982
040 THEATER LEVEL ASSETS.......... 548 548
060 AVIATION ASSETS............... 9,229 9,229
070 FORCE READINESS OPERATIONS 1,584 1,584
SUPPORT......................
100 BASE OPERATIONS SUPPORT....... 22,063 22,063
120 MANAGEMENT AND OPERATIONAL 606 606
HEADQUARTERS.................
SUBTOTAL OPERATING FORCES..... 83,088 83,088
ADMIN & SRVWD ACTIVITIES
170 SERVICEWIDE COMMUNICATIONS.... 203 203
SUBTOTAL ADMIN & SRVWD 203 203
ACTIVITIES...................
TOTAL OPERATION & MAINTENANCE, 83,291 83,291
ARNG.........................
AFGHAN NATIONAL ARMY
090 SUSTAINMENT................... 1,313,047 1,313,047
100 INFRASTRUCTURE................ 37,152 37,152
110 EQUIPMENT AND TRANSPORTATION.. 120,868 120,868
120 TRAINING AND OPERATIONS....... 118,591 118,591
SUBTOTAL AFGHAN NATIONAL ARMY. 1,589,658 1,589,658
AFGHAN NATIONAL POLICE
130 SUSTAINMENT................... 422,806 422,806
140 INFRASTRUCTURE................ 2,358 2,358
150 EQUIPMENT AND TRANSPORTATION.. 127,081 127,081
160 TRAINING AND OPERATIONS....... 108,112 108,112
SUBTOTAL AFGHAN NATIONAL 660,357 660,357
POLICE.......................
AFGHAN AIR FORCE
170 SUSTAINMENT................... 893,829 893,829
180 INFRASTRUCTURE................ 8,611 8,611
190 EQUIPMENT AND TRANSPORTATION.. 566,967 566,967
200 TRAINING AND OPERATIONS....... 356,108 356,108
SUBTOTAL AFGHAN AIR FORCE..... 1,825,515 1,825,515
AFGHAN SPECIAL SECURITY FORCES
210 SUSTAINMENT................... 437,909 437,909
220 INFRASTRUCTURE................ 21,131 21,131
230 EQUIPMENT AND TRANSPORTATION.. 153,806 153,806
240 TRAINING AND OPERATIONS....... 115,602 115,602
SUBTOTAL AFGHAN SPECIAL 728,448 728,448
SECURITY FORCES..............
UNDISTRIBUTED
245 UNDISTRIBUTED................. -300,000
Unjustified request....... [-300,000]
SUBTOTAL UNDISTRIBUTED........ -300,000
TOTAL AFGHANISTAN SECURITY 4,803,978 4,503,978
FORCES FUND..................
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
010 IRAQ.......................... 745,000 663,000
Unjustified request....... [-82,000]
020 SYRIA......................... 300,000 300,000
030 BORDER SECURITY............... 250,000
Realignment of CTEF border [250,000]
security funding..........
SUBTOTAL COUNTER ISIS TRAIN 1,045,000 1,213,000
AND EQUIP FUND (CTEF)........
TOTAL COUNTER ISIS TRAIN AND 1,045,000 1,213,000
EQUIP FUND (CTEF)............
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 373,047 587,422
OPERATIONS...................
Realignment from base..... [214,375]
030 AVIATION TECHNICAL DATA & 816 816
ENGINEERING SERVICES.........
040 AIR OPERATIONS AND SAFETY 9,582 9,582
SUPPORT......................
050 AIR SYSTEMS SUPPORT........... 197,262 197,262
060 AIRCRAFT DEPOT MAINTENANCE.... 168,246 168,246
070 AIRCRAFT DEPOT OPERATIONS 3,594 3,594
SUPPORT......................
080 AVIATION LOGISTICS............ 10,618 10,618
090 MISSION AND OTHER SHIP 1,485,108 1,935,108
OPERATIONS...................
Realignment from base..... [450,000]
100 SHIP OPERATIONS SUPPORT & 20,334 20,334
TRAINING.....................
110 SHIP DEPOT MAINTENANCE........ 2,365,615 2,365,615
130 COMBAT COMMUNICATIONS AND 58,092 58,092
ELECTRONIC WARFARE...........
140 SPACE SYSTEMS AND SURVEILLANCE 18,000 18,000
150 WARFARE TACTICS............... 16,984 16,984
160 OPERATIONAL METEOROLOGY AND 29,382 29,382
OCEANOGRAPHY.................
170 COMBAT SUPPORT FORCES......... 608,870 608,870
180 EQUIPMENT MAINTENANCE AND 7,799 7,799
DEPOT OPERATIONS SUPPORT.....
200 COMBATANT COMMANDERS DIRECT 24,800 24,800
MISSION SUPPORT..............
220 CYBERSPACE ACTIVITIES......... 363 363
240 WEAPONS MAINTENANCE........... 486,188 486,188
250 OTHER WEAPON SYSTEMS SUPPORT.. 12,189 12,189
270 SUSTAINMENT, RESTORATION AND 68,667 68,667
MODERNIZATION................
280 BASE OPERATING SUPPORT........ 219,099 219,099
SUBTOTAL OPERATING FORCES..... 6,184,655 6,849,030
MOBILIZATION
320 EXPEDITIONARY HEALTH SERVICES 17,580 17,580
SYSTEMS......................
330 COAST GUARD SUPPORT........... 190,000 190,000
SUBTOTAL MOBILIZATION......... 207,580 207,580
TRAINING AND RECRUITING
370 SPECIALIZED SKILL TRAINING.... 52,161 52,161
SUBTOTAL TRAINING AND 52,161 52,161
RECRUITING...................
ADMIN & SRVWD ACTIVITIES
440 ADMINISTRATION................ 8,475 8,475
460 MILITARY MANPOWER AND 7,653 7,653
PERSONNEL MANAGEMENT.........
490 SERVICEWIDE TRANSPORTATION.... 70,683 70,683
520 ACQUISITION, LOGISTICS, AND 11,130 11,130
OVERSIGHT....................
530 INVESTIGATIVE AND SECURITY 1,559 1,559
SERVICES.....................
645 CLASSIFIED PROGRAMS........... 17,754 17,754
SUBTOTAL ADMIN & SRVWD 117,254 117,254
ACTIVITIES...................
TOTAL OPERATION & MAINTENANCE, 6,561,650 7,226,025
NAVY.........................
OPERATION & MAINTENANCE,
MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............ 714,653 714,653
020 FIELD LOGISTICS............... 232,508 232,508
030 DEPOT MAINTENANCE............. 54,101 54,101
050 CYBERSPACE ACTIVITIES......... 2,000 2,000
070 BASE OPERATING SUPPORT........ 24,570 24,570
SUBTOTAL OPERATING FORCES..... 1,027,832 1,027,832
TRAINING AND RECRUITING
120 TRAINING SUPPORT.............. 30,459 30,459
SUBTOTAL TRAINING AND 30,459 30,459
RECRUITING...................
ADMIN & SRVWD ACTIVITIES
160 SERVICEWIDE TRANSPORTATION.... 61,400 61,400
225 CLASSIFIED PROGRAMS........... 5,100 5,100
SUBTOTAL ADMIN & SRVWD 66,500 66,500
ACTIVITIES...................
TOTAL OPERATION & MAINTENANCE, 1,124,791 1,124,791
MARINE CORPS.................
OPERATION & MAINTENANCE, NAVY
RES
OPERATING FORCES
020 INTERMEDIATE MAINTENANCE...... 510 510
030 AIRCRAFT DEPOT MAINTENANCE.... 11,628 11,628
080 COMBAT SUPPORT FORCES......... 10,898 10,898
SUBTOTAL OPERATING FORCES..... 23,036 23,036
TOTAL OPERATION & MAINTENANCE, 23,036 23,036
NAVY RES.....................
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES.............. 7,627 7,627
040 BASE OPERATING SUPPORT........ 1,080 1,080
SUBTOTAL OPERATING FORCES..... 8,707 8,707
TOTAL OPERATION & MAINTENANCE, 8,707 8,707
MC RESERVE...................
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 163,632 163,632
020 COMBAT ENHANCEMENT FORCES..... 1,049,170 1,049,170
030 AIR OPERATIONS TRAINING (OJT, 111,808 111,808
MAINTAIN SKILLS).............
040 DEPOT PURCHASE EQUIPMENT 408,699 408,699
MAINTENANCE..................
050 FACILITIES SUSTAINMENT, 147,264 147,264
RESTORATION & MODERNIZATION..
060 CYBERSPACE SUSTAINMENT........ 10,061 10,061
070 CONTRACTOR LOGISTICS SUPPORT 953,594 953,594
AND SYSTEM SUPPORT...........
080 FLYING HOUR PROGRAM........... 2,495,266 3,045,266
Realignment from base..... [550,000]
090 BASE SUPPORT.................. 1,538,120 1,538,120
100 GLOBAL C3I AND EARLY WARNING.. 13,863 13,863
110 OTHER COMBAT OPS SPT PROGRAMS. 272,020 272,020
120 CYBERSPACE ACTIVITIES......... 17,657 17,657
130 TACTICAL INTEL AND OTHER 36,098 36,098
SPECIAL ACTIVITIES...........
140 LAUNCH FACILITIES............. 391 391
150 SPACE CONTROL SYSTEMS......... 39,990 39,990
160 US NORTHCOM/NORAD............. 725 725
170 US STRATCOM................... 926 926
180 US CYBERCOM................... 35,189 35,189
190 US CENTCOM.................... 163,015 163,015
200 US SOCOM...................... 19,000 19,000
SUBTOTAL OPERATING FORCES..... 7,476,488 8,026,488
MOBILIZATION
240 AIRLIFT OPERATIONS............ 1,271,439 1,271,439
250 MOBILIZATION PREPAREDNESS..... 109,682 109,682
SUBTOTAL MOBILIZATION......... 1,381,121 1,381,121
TRAINING AND RECRUITING
260 OFFICER ACQUISITION........... 200 200
270 RECRUIT TRAINING.............. 352 352
290 SPECIALIZED SKILL TRAINING.... 26,802 26,802
300 FLIGHT TRAINING............... 844 844
310 PROFESSIONAL DEVELOPMENT 1,199 1,199
EDUCATION....................
320 TRAINING SUPPORT.............. 1,320 1,320
SUBTOTAL TRAINING AND 30,717 30,717
RECRUITING...................
ADMIN & SRVWD ACTIVITIES
380 LOGISTICS OPERATIONS.......... 164,701 164,701
390 TECHNICAL SUPPORT ACTIVITIES.. 11,608 11,608
400 ADMINISTRATION................ 4,814 4,814
410 SERVICEWIDE COMMUNICATIONS.... 145,204 145,204
420 OTHER SERVICEWIDE ACTIVITIES.. 98,841 98,841
460 INTERNATIONAL SUPPORT......... 29,890 29,890
465 CLASSIFIED PROGRAMS........... 52,995 52,995
SUBTOTAL ADMIN & SRVWD 508,053 508,053
ACTIVITIES...................
TOTAL OPERATION & MAINTENANCE, 9,396,379 9,946,379
AIR FORCE....................
OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
030 DEPOT PURCHASE EQUIPMENT 24,188 24,188
MAINTENANCE..................
060 BASE SUPPORT.................. 5,570 5,570
SUBTOTAL OPERATING FORCES..... 29,758 29,758
TOTAL OPERATION & MAINTENANCE, 29,758 29,758
AF RESERVE...................
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
020 MISSION SUPPORT OPERATIONS.... 3,666 3,666
030 DEPOT PURCHASE EQUIPMENT 66,944 66,944
MAINTENANCE..................
050 CONTRACTOR LOGISTICS SUPPORT 93,620 93,620
AND SYSTEM SUPPORT...........
060 BASE SUPPORT.................. 12,679 12,679
SUBTOTAL OPERATING FORCES..... 176,909 176,909
TOTAL OPERATION & MAINTENANCE, 176,909 176,909
ANG..........................
OPERATION AND MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF......... 21,866 21,866
020 JOINT CHIEFS OF STAFF--CE2T2.. 6,634 6,634
040 SPECIAL OPERATIONS COMMAND 1,121,580 1,121,580
COMBAT DEVELOPMENT ACTIVITIES
060 SPECIAL OPERATIONS COMMAND 1,328,201 1,328,201
INTELLIGENCE.................
070 SPECIAL OPERATIONS COMMAND 399,845 399,845
MAINTENANCE..................
090 SPECIAL OPERATIONS COMMAND 138,458 102,958
OPERATIONAL SUPPORT..........
Project underexecution-- [-35,500]
communications............
100 SPECIAL OPERATIONS COMMAND 808,729 808,729
THEATER FORCES...............
SUBTOTAL OPERATING FORCES..... 3,825,313 3,789,813
ADMIN & SRVWIDE ACTIVITIES
180 DEFENSE CONTRACT AUDIT AGENCY. 1,810 1,810
200 DEFENSE CONTRACT MANAGEMENT 21,723 21,723
AGENCY.......................
230 DEFENSE INFORMATION SYSTEMS 81,133 81,133
AGENCY.......................
240 DEFENSE INFORMATION SYSTEMS 3,455 3,455
AGENCY--CYBER................
270 DEFENSE LEGAL SERVICES AGENCY. 196,124 196,124
290 DEFENSE MEDIA ACTIVITY........ 14,377 14,377
310 DEFENSE SECURITY COOPERATION 1,927,217 1,364,427
AGENCY.......................
Realignment of CTEF border [-250,000]
security funding..........
Transfer of funds to [-250,000]
Ukraine Security
Assistance................
Unjustified growth........ [-62,790]
380 DEFENSE THREAT REDUCTION 317,558 307,558
AGENCY.......................
Program decrease.......... [-10,000]
410 DEPARTMENT OF DEFENSE 31,620 31,620
EDUCATION ACTIVITY...........
460 OFFICE OF THE SECRETARY OF 16,666 21,666
DEFENSE......................
Realignment of redress and [5,000]
loss funding..............
500 WASHINGTON HEADQUARTERS 6,331 6,331
SERVICES.....................
505 CLASSIFIED PROGRAMS........... 1,924,785 1,924,785
SUBTOTAL ADMIN & SRVWIDE 4,542,799 3,975,009
ACTIVITIES...................
TOTAL OPERATION AND 8,368,112 7,764,822
MAINTENANCE, DEFENSE-WIDE....
UKRAINE SECURITY ASSISTANCE
UKRAINE SECURITY ASSISTANCE
010 UKRAINE SECURITY ASSISTANCE... 250,000
Transfer of funds from [250,000]
Defense Security
Cooperation Agency........
SUBTOTAL UKRAINE SECURITY 250,000
ASSISTANCE...................
TOTAL UKRAINE SECURITY 250,000
ASSISTANCE...................
TOTAL OPERATION & MAINTENANCE. 50,432,141 52,256,226
------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
SEC. 4401. MILITARY PERSONNEL.
------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 House
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations.... 143,476,503 142,248,503
Historical unobligated balances.... [-1,228,000]
Medicare-Eligible Retiree Health Fund 7,816,815 7,816,815
Contributions.......................
------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 House
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations....... 4,485,808 4,485,808
------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
SEC. 4501. OTHER AUTHORIZATIONS.
------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 House
Item Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
INDUSTRIAL OPERATIONS................... 57,467 57,467
SUPPLY MANAGEMENT--ARMY................. 32,130 32,130
TOTAL WORKING CAPITAL FUND, ARMY...... 89,597 89,597
WORKING CAPITAL FUND, AIR FORCE
TRANSPORTATION
SUPPLIES AND MATERIALS.................. 92,499 92,499
TOTAL WORKING CAPITAL FUND, AIR FORCE. 92,499 92,499
WORKING CAPITAL FUND, DEFENSE-WIDE
SUPPLY CHAIN MANAGEMENT--DEF............ 49,085 49,085
TOTAL WORKING CAPITAL FUND, DEFENSE- 49,085 49,085
WIDE.................................
WORKING CAPITAL FUND, DECA
WORKING CAPITAL FUND, DECA.............. 995,030 995,030
TOTAL WORKING CAPITAL FUND, DECA...... 995,030 995,030
NATIONAL DEFENSE SEALIFT FUND
LG MED SPD RO/RO MAINTENANCE............ 264,751
Realignment from Operations and [264,751]
Maintenance, Navy..................
DOD MOBILIZATION ALTERATIONS............ 9,590
Realignment from Operations and [9,590]
Maintenance, Navy..................
TAH MAINTENANCE......................... 96,867
Realignment from Operations and [96,867]
Maintenance, Navy..................
READY RESERVE FORCE..................... 352,044
Realignment from Operations and [352,044]
Maintenance, Navy..................
TOTAL NATIONAL DEFENSE SEALIFT FUND... 723,252
WCF, DEF COUNTERINTELLIGENCE & SECURITY
AGENCY
DEFENSE COUNTERINTELLIGENCE AND SECURITY 200,000 200,000
AGENCY.................................
TOTAL WCF, DEF COUNTERINTELLIGENCE & 200,000 200,000
SECURITY AGENCY......................
CHEM AGENTS & MUNITIONS DESTRUCTION
OPERATION & MAINTENANCE................. 107,351 107,351
RDT&E................................... 875,930 865,930
Unjustified growth................. [-10,000]
PROCUREMENT............................. 2,218 2,218
TOTAL CHEM AGENTS & MUNITIONS 985,499 975,499
DESTRUCTION..........................
DRUG INTERDICTION & CTR-DRUG ACTIVITIES,
DEF
COUNTER-NARCOTICS SUPPORT............... 581,739 517,171
Realignment of National Guard [-30,921]
Bureau funding.....................
Unjustified growth................. [-33,647]
DRUG DEMAND REDUCTION PROGRAM........... 120,922 120,922
NATIONAL GUARD COUNTER-DRUG PROGRAM..... 91,370 122,291
Realignment of National Guard [30,921]
Bureau funding.....................
NATIONAL GUARD COUNTER-DRUG SCHOOLS..... 5,371 5,371
TOTAL DRUG INTERDICTION & CTR-DRUG 799,402 765,755
ACTIVITIES, DEF......................
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL......... 359,022 359,022
OFFICE OF THE INSPECTOR GENERAL--CYBER.. 1,179 1,179
OFFICE OF THE INSPECTOR GENERAL......... 2,965 2,965
OFFICE OF THE INSPECTOR GENERAL......... 333 333
TOTAL OFFICE OF THE INSPECTOR GENERAL. 363,499 363,499
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE........................... 9,570,615 9,470,615
Unjustified growth................. [-100,000]
PRIVATE SECTOR CARE..................... 15,041,006 15,041,006
CONSOLIDATED HEALTH SUPPORT............. 1,975,536 1,975,536
INFORMATION MANAGEMENT.................. 2,004,588 2,004,588
MANAGEMENT ACTIVITIES................... 333,246 333,246
EDUCATION AND TRAINING.................. 793,810 793,810
BASE OPERATIONS/COMMUNICATIONS.......... 2,093,289 2,093,289
UNDISTRIBUTED........................... 7,000
PFAS exposure blood testing for DoD [2,000]
firefighters.......................
TRICARE lead level screening and [5,000]
testing for children...............
R&D RESEARCH............................ 12,621 22,621
CDC ASTDR PFOS/PFOA health study [10,000]
increment..........................
R&D EXPLORATRY DEVELOPMENT.............. 84,266 84,266
R&D ADVANCED DEVELOPMENT................ 279,766 279,766
R&D DEMONSTRATION/VALIDATION............ 128,055 128,055
R&D ENGINEERING DEVELOPMENT............. 143,527 158,527
Deployment of mTBI/concussion multi- [10,000]
modal devices......................
Program increase--freeze dried [5,000]
platelets..........................
R&D MANAGEMENT AND SUPPORT.............. 67,219 67,219
R&D CAPABILITIES ENHANCEMENT............ 16,819 16,819
PROC INITIAL OUTFITTING................. 26,135 26,135
PROC REPLACEMENT & MODERNIZATION........ 225,774 225,774
PROC JOINT OPERATIONAL MEDICINE 314 314
INFORMATION SYSTEM.....................
PROC MILITARY HEALTH SYSTEM--DESKTOP TO 73,010 73,010
DATACENTER.............................
PROC DOD HEALTHCARE MANAGEMENT SYSTEM 129,091 129,091
MODERNIZATION..........................
TOTAL DEFENSE HEALTH PROGRAM.......... 32,998,687 32,930,687
TOTAL OTHER AUTHORIZATIONS............ 36,573,298 37,184,903
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 House
Item Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
INDUSTRIAL OPERATIONS
SUPPLY MANAGEMENT--ARMY..................... 20,100 20,100
TOTAL WORKING CAPITAL FUND, ARMY.......... 20,100 20,100
DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF
COUNTER-NARCOTICS SUPPORT................... 163,596 153,100
Unjustified growth........................ [-10,496]
TOTAL DRUG INTERDICTION & CTR-DRUG 163,596 153,100
ACTIVITIES, DEF..........................
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL............. 24,254 24,254
TOTAL OFFICE OF THE INSPECTOR GENERAL..... 24,254 24,254
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE............................... 57,459 57,459
PRIVATE SECTOR CARE......................... 287,487 287,487
CONSOLIDATED HEALTH SUPPORT................. 2,800 2,800
TOTAL DEFENSE HEALTH PROGRAM.............. 347,746 347,746
TOTAL OTHER AUTHORIZATIONS................ 555,696 545,200
------------------------------------------------------------------------
TITLE XLVI--MILITARY CONSTRUCTION
SEC. 4601. MILITARY CONSTRUCTION.
----------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2020 House
Account Installation Project Title Request Agreement
----------------------------------------------------------------------------------------------------------------
Alabama
Army Redstone Arsenal Aircraft and Flight 38,000 38,000
Equipment Building.
Colorado
Army Fort Carson Company Operations 71,000 71,000
Facility.
Georgia
Army Fort Gordon Cyber Instructional Fac 107,000 70,000
(Admin/Command).
Army Hunter Army Airfield Aircraft Maintenance 62,000 62,000
Hangar.
Hawaii
Army Fort Shafter Command and Control 60,000 60,000
Facility, Incr 5.
Honduras
Army Soto Cano Air Base Aircraft Maintenance 34,000 34,000
Hangar.
Kentucky
Army Fort Campbell Automated Infantry Platoon 7,100 7,100
Battle Course.
Army Fort Campbell Easements................. 3,200 3,200
Army Fort Campbell General Purpose 51,000 51,000
Maintenance Shop.
Kwajalein
Army Kwajalein Atoll Air Traffic Control Tower 0 40,000
and Terminal.
Massachusetts
Army U.S. Army Natick Human Engineering Lab..... 50,000 50,000
Soldier Systems
Center
Michigan
Army Detroit Arsenal Substation................ 24,000 24,000
New York
Army Fort Drum Railhead.................. 0 21,000
Army Fort Drum Unmanned Aerial Vehicle 23,000 23,000
Hangar.
North Carolina
Army Fort Bragg Dining Facility........... 12,500 12,500
Oklahoma
Army Fort Sill Adv Individual Training 73,000 73,000
Barracks Cplx, Ph2.
Pennsylvania
Army Carlisle Barracks General Instruction 98,000 60,000
Building.
South Carolina
Army Fort Jackson Reception Complex, Ph2.... 54,000 54,000
Texas
Army Corpus Christi Army Powertrain Facility 86,000 40,000
Depot (Machine Shop).
Army Fort Hood Barracks.................. 32,000 32,000
Army Fort Hood Vehicle Bridge............ 0 18,500
Virginia
Army Fort Belvoir Secure Operations and 60,000 60,000
Admin Facility.
Army Joint Base Langley- Adv Individual Training 55,000 55,000
Eustis Barracks Cplx, Ph4.
Washington
Army Joint Base Lewis- Information Systems 46,000 46,000
McChord Facility.
Worldwide Unspecified
Army Unspecified Worldwide Host Nation Support....... 31,000 31,000
Locations
Army Unspecified Worldwide Planning and Design....... 94,099 105,099
Locations
Army Unspecified Worldwide Unspecified Minor 70,600 70,600
Locations Construction.
Army Unspecified Worldwide Unspecified Worldwide 211,000 0
Locations Construction.
Arizona
Navy Marine Corps Air Bachelor Enlisted Quarters 0 99,600
Station Yuma
Navy Marine Corps Air Hangar 95 Renovation & 90,160 90,160
Station Yuma Addition.
Bahrain Island
Navy SW Asia Electrical System Upgrade. 53,360 0
California
Navy Camp Pendleton 62 Area Mess Hall and 71,700 71,700
Consolidated Warehouse.
Navy Camp Pendleton I MEF Consolidated 113,869 63,869
Information Center.
Navy Marine Corps Air Child Development Center.. 0 37,400
Station Miramar
Navy Naval Air Weapons Runway & Taxiway Extension 64,500 64,500
Station China Lake
Navy Naval Base Coronado Aircraft Paint Complex.... 0 79,000
Navy Naval Base Coronado Navy V-22 Hangar.......... 86,830 86,830
Navy Naval Base San Diego Pier 8 Replacement (Inc).. 59,353 59,353
Navy Naval Base San Diego PMO Facility Repair....... 0 9,900
Navy Naval Weapons Station Ammunition Pier........... 95,310 60,310
Seal Beach
Navy Naval Weapons Station Missile Magazine.......... 0 28,000
Seal Beach
Navy Travis Air Force Base Alert Force Complex....... 64,000 64,000
Connecticut
Navy Naval Submarine Base SSN Berthing Pier 32...... 72,260 72,260
New London
District of Columbia
Navy Naval Observatory Master Time Clocks & 75,600 0
Operations Fac (Inc).
Florida
Navy Blount Island Police Station and EOC 0 18,700
Facility.
Navy Naval Air Station Targeting & Surveillance 32,420 32,420
Jacksonville Syst Prod Supp Fac.
Guam
Navy Joint Region Marianas Bachelor Enlisted Quarters 164,100 64,100
H.
Navy Joint Region Marianas EOD Compound Facilities... 61,900 61,900
Navy Joint Region Marianas Machine Gun Range (Inc)... 91,287 91,287
Hawaii
Navy Marine Corps Air Bachelor Enlisted Quarters 134,050 134,050
Station Kaneohe Bay
Navy Naval Ammunition Depot Magazine Consolidation, 53,790 53,790
West Loch Phase 1.
Italy
Navy Naval Air Station Communications Station.... 77,400 0
Sigonella
Japan
Navy Fleet Activities Pier 5 (Berths 2 and 3)... 174,692 100,000
Yokosuka
Navy Marine Corps Air VTOL Pad--South........... 15,870 15,870
Station Iwakuni
Maryland
Navy Saint Inigoes Air Traffic Control Tower. 0 15,000
North Carolina
Navy Camp Lejeune 10th Marines Himars 35,110 35,110
Complex.
Navy Camp Lejeune 2nd MARDIV/2nd MLG Ops 60,130 60,130
Center Replacement.
Navy Camp Lejeune 2nd Radio BN Complex, 25,650 25,650
Phase 2 (Inc).
Navy Camp Lejeune ACV-AAV Maintenance 11,570 0
Facility Upgrades.
Navy Camp Lejeune II MEF Operations Center 122,200 62,200
Replacement.
Navy Marine Corps Air Aircraft Maintenance 73,970 73,970
Station Cherry Point Hangar (Inc).
Navy Marine Corps Air ATC Tower & Airfield 61,340 61,340
Station Cherry Point Operations.
Navy Marine Corps Air F-35 Training and 53,230 53,230
Station Cherry Point Simulator Facility.
Navy Marine Corps Air Flightline Utility 51,860 51,860
Station Cherry Point Modernization (Inc).
Navy Marine Corps Air CH-53K Cargo Loading 11,320 11,320
Station New River Trainer.
Pennsylvania
Navy Philadelphia Machinery Control 0 66,000
Development Center.
South Carolina
Navy Parris Island Range Improvements & 0 37,200
Modernization Phase 3.
Utah
Navy Hill Air Force Base D5 Missile Motor Receipt/ 50,520 50,520
Storage Fac (Inc).
Virginia
Navy Marine Corps Base Wargaming Center.......... 143,350 70,000
Quantico
Navy Naval Station Norfolk Mariner Skills Training 79,100 79,100
Center.
Navy Naval Station Norfolk MH-60 & CMV-22B Corrison 0 49,000
Control and Paint
Facility.
Navy Portsmouth Naval Dry Dock Flood Protection 48,930 48,930
Shipyard Improvements.
Navy Yorktown Naval Weapons NMC Ordnance Facilities 0 59,000
Station Recapitalization Phase 1.
Washington
Navy Bremerton Dry Dock 4 & Pier 3 51,010 51,010
Modernization.
Navy Keyport Undersea Vehicle 25,050 25,050
Maintenance Facility.
Navy Naval Base Kitsap Seawolf Service Pier Cost- 0 48,000
to-Complete.
Worldwide Unspecified
Navy Unspecified Worldwide Planning and Design....... 167,715 178,715
Locations
Navy Unspecified Worldwide Unspecified Minor 81,237 81,237
Locations Construction.
Alaska
AF Eielson Air Force Base F-35 AME Storage Facility. 8,600 8,600
Arkansas
AF Little Rock Air Force C-130H/J Fuselage Trainer 47,000 47,000
Base Facility.
AF Little Rock Air Force Dormitory Cost-to-Complete 0 7,000
Base
Australia
AF Tindal APR--RAAF Tindal/Earth 11,600 11,600
Covered Magazine.
AF Tindal APR-RAAF Tindal/Bulk 59,000 59,000
Storage Tanks.
California
AF Travis Air Force Base KC-46A Alter B181/B185/ 6,600 6,600
B187 Squad Ops/AMU.
AF Travis Air Force Base KC-46A Regional 19,500 19,500
Maintenance Training
Facility.
AF Travis Air Force Base MMHAS Aiiied Support...... 0 17,000
Colorado
AF Peterson Air Force Sconorth Theater 0 54,000
Base Operational Support
Facility.
AF Schriever Air Force Consolidated Space 148,000 74,000
Base Operations Facility.
AF United States Air Consolidate Cadet Prep 0 49,000
Force Academy School Dormitory.
Cyprus
AF Royal Air Force New Dormitory for 1 ERS... 27,000 27,000
Akrotiri
Georgia
AF Moody Air Force Base 41 RQS HH-60W Apron....... 0 12,500
Guam
AF Joint Region Marianas Munitions Storage Igloos 65,000 65,000
III.
Illinois
AF Scott Air Force Base Joint Operations & Mission 100,000 100,000
Planning Center.
Japan
AF Yokota Air Base Fuel Receipt & 12,400 12,400
Distribution Upgrade.
Jordan
AF Azraq Air Traffic Control Tower. 24,000 0
AF Azraq Munitions Storage Area.... 42,000 0
Mariana Islands
AF Tinian Airfield Development Phase 109,000 25,000
1.
AF Tinian Fuel Tanks W/ Pipeline/ 109,000 25,000
Hydrant System.
AF Tinian Parking Apron............. 98,000 25,000
Maryland
AF Joint Base Andrews Presidential Aircraft 86,000 86,000
Recap Complex Inc 3.
Massachusetts
AF Hanscom Air Force Base MIT-Lincoln Lab (West Lab 135,000 100,000
CSL/MIF) Inc 2.
Missouri
AF Whiteman Air Force Consolidated Vehicle Ops 0 27,000
Base and MX Facility.
Montana
AF Malmstrom Air Force Weapons Storage and 235,000 117,500
Base Maintenance Facility.
Nevada
AF Nellis Air Force Base 365th ISR Group Facility.. 57,000 57,000
AF Nellis Air Force Base F-35 Munitions Maintenance 0 3,100
Facilities Cost-to-
Complete.
AF Nellis Air Force Base F-35A Munitions Assembly 8,200 8,200
Conveyor Facility.
New Mexico
AF Holloman Air Force NC3 Support Wrm Storage/ 0 20,000
Base Shipping Facility.
AF Kirtland Air Force Combat Rescue Helicopter 15,500 15,500
Base Simulator (CRH) ADAL.
AF Kirtland Air Force UH-1 Replacement Facility. 22,400 22,400
Base
North Dakota
AF Minot Air Force Base Helo/TRFOps/AMUfacility... 5,500 5,500
Ohio
AF Wright-Patterson Air ADAL Intelligence Prod. 120,900 120,900
Force Base Complex (NASIC) Inc 2.
Texas
AF Joint Base San Antonio Aquatics Tank............. 69,000 69,000
AF Joint Base San Antonio BMT Recruit Dormitory 8... 110,000 110,000
AF Joint Base San Antonio T-XA DAL Ground Based Trng 9,300 9,300
Sys (GBTS) Sim.
AF Joint Base San Antonio T-XMX Trng Sys 19,000 19,000
Centrailized Trng Fac.
AF Joint Base San Antonio- AFPC B-Wing............... 0 36,000
Randolph
United Kingdom
AF Royal Air Force F-35A PGM Facility........ 14,300 14,300
Lakenheath
Utah
AF Hill Air Force Base GBSD Mission Integration 108,000 40,000
Facility.
AF Hill Air Force Base Joint Advanced Tactical 6,500 6,500
Missile Storage Fac.
Washington
AF Fairchild Air Force Consolidated TFI Base 31,000 31,000
Base Operations.
AF Fairchild Air Force SERE Pipeline Dormitory 0 4,800
Base Cost-to-Complete.
Worldwide Unspecified
AF Various Worldwide Planning and Design....... 142,148 153,148
Locations
AF Various Worldwide Unspecified Minor 79,682 79,682
Locations Construction.
Wyoming
AF F. E. Warren Air Force Consolidated Helo/TRF Ops/ 18,100 18,100
Base AMU and Alert Fac.
California
Def-Wide Beale Air Force Base Hydrant Fuel System 33,700 33,700
Replacement.
Def-Wide Camp Pendleton Ambul Care Center/Dental 17,700 17,700
Clinic Replacement.
Conus Classified
Def-Wide Classified Location Battalion Complex, Ph 3... 82,200 82,200
Florida
Def-Wide Eglin Air Force Base SOF Combined Squadron Ops 16,500 16,500
Facility.
Def-Wide Hurlburt Field SOF AMU & Weapons Hangar.. 72,923 72,923
Def-Wide Hurlburt Field SOF Combined Squadron 16,513 16,513
Operations Facility.
Def-Wide Hurlburt Field SOF Maintenance Training 18,950 18,950
Facility.
Def-Wide Naval Air Station Key SOF Watercraft Maintenance 16,000 16,000
West Facility.
Germany
Def-Wide Geilenkirchen Air Base Ambulatory Care Center/ 30,479 30,479
Dental Clinic.
Guam
Def-Wide Joint Region Marianas Xray Wharf Refueling 19,200 19,200
Facility.
Hawaii
Def-Wide Joint Base Pearl SOF Undersea Operational 67,700 67,700
Harbor-Hickam Training Facility.
Japan
Def-Wide Yokosuka Kinnick High School Inc 2. 130,386 0
Def-Wide Yokota Air Base Bulk Storage Tanks PH1.... 116,305 20,000
Def-Wide Yokota Air Base Pacific East District 20,106 20,106
Superintendent's Office.
Maryland
Def-Wide Bethesda Naval MEDCEN Addition/Altertion 96,900 33,000
Hospital Incr 3.
Def-Wide Fort Detrick Medical Research 27,846 27,846
Acquisition Building.
Def-Wide Fort Meade NSAW Recapitalize Building 426,000 426,000
#3 Inc 2.
Mississippi
Def-Wide Columbus Air Force Fuel Facilities 16,800 16,800
Base Replacement.
Missouri
Def-Wide Fort Leonard Wood Hospital Replacement Incr 50,000 50,000
2.
Def-Wide St. Louis Next NGA West (N2W) 218,800 118,800
Complex Phase 2 Inc. 2.
North Carolina
Def-Wide Camp Lejeune SOF Marine Raider Regiment 13,400 13,400
HQ.
Def-Wide Fort Bragg SOF Assessment and 12,103 12,103
Selection Training
Complex.
Def-Wide Fort Bragg SOF Human Platform-Force 43,000 43,000
Generation Facility.
Def-Wide Fort Bragg SOF Operations Support 29,000 29,000
Bldg.
Oklahoma
Def-Wide Tulsa IAP Fuels Storage Complex..... 18,900 18,900
Rhode Island
Def-Wide Quonset State Airport Fuels Storage Complex 11,600 11,600
Replacement.
South Carolina
Def-Wide Joint Base Charleston Medical Consolidated 33,300 33,300
Storage & Distrib Center.
South Dakota
Def-Wide Ellsworth Air Force Hydrant Fuel System 24,800 24,800
Base Replacement.
Virginia
Def-Wide Defense Distribution Operations Center Phase 2. 98,800 33,000
Depot Richmond
Def-Wide Joint Expeditionary SOF NSWG-10 Operations 32,600 32,600
Base Little Creek-- Support Facility.
Fort Story
Def-Wide Joint Expeditionary SOF NSWG2 JSOTF Ops 13,004 13,004
Base Little Creek-- Training Facility.
Fort Story
Def-Wide Pentagon Backup Generator.......... 8,670 8,670
Def-Wide Pentagon Control Tower & Fire Day 20,132 20,132
Station.
Def-Wide Training Center Dam SOF Demolition Training 12,770 12,770
Neck Compound Expansion.
Washington
Def-Wide Joint Base Lewis- SOF 22 STS Operations 47,700 47,700
McChord Facility.
Wisconsin
Def-Wide Gen Mitchell IAP POL Facilities Replacement 25,900 25,900
Worldwide Classified
Def-Wide Classified Location Mission Support Compound.. 52,000 0
Worldwide Unspecified
Def-Wide Unspecified Worldwide Contingency Construction.. 10,000 0
Locations
Def-Wide Unspecified Worldwide Energy Resilience and 150,000 190,000
Locations Conserv. Invest. Prog..
Def-Wide Unspecified Worldwide ERCIP Design.............. 10,000 10,000
Locations
Def-Wide Unspecified Worldwide Exercise Related Minor 11,770 11,770
Locations Construction.
Def-Wide Unspecified Worldwide Planning and Design....... 99,441 99,441
Locations
Def-Wide Unspecified Worldwide Unspecified Minor 60,642 60,642
Locations Construction.
Def-Wide Various Worldwide Planning and Design....... 142,914 142,914
Locations
Def-Wide Various Worldwide Unspecified Minor 26,736 26,736
Locations Construction.
NATO NATO Security NATO Security Investment 144,040 172,005
Investment Program Program.
Alabama
Army NG Anniston Army Depot Enlisted Transient 0 34,000
Barracks.
Army NG Foley National Guard Readiness 12,000 12,000
Center.
California
Army NG Camp Roberts Automated Multipurpose 12,000 12,000
Machine Gun Range.
Idaho
Army NG Orchard Combat Railroad Tracks........... 29,000 29,000
Training Center
Maryland
Army NG Havre de Grace Combined Support 12,000 12,000
Maintenance Shop.
Massachusetts
Army NG Camp Edwards Automated Multipurpose 9,700 9,700
Machine Gun Range.
Minnesota
Army NG New Ulm National Guard Vehicle 11,200 11,200
Maintenance Shop.
Mississippi
Army NG Camp Shelby Automated Multipurpose 8,100 8,100
Machine Gun Range.
Missouri
Army NG Springfield National Guard Readiness 12,000 12,000
Center.
Nebraska
Army NG Bellevue National Guard Readiness 29,000 29,000
Center.
New Hampshire
Army NG Concord National Guard Readiness 5,950 5,950
Center.
New York
Army NG Jamaica Armory National Guard Readiness 0 91,000
Center.
Pennsylvania
Army NG Moon Township Combined Support 23,000 23,000
Maintenance Shop.
Vermont
Army NG Jericho General Instruction 0 30,000
Builiding.
Washington
Army NG Richland National Guard Readiness 11,400 11,400
Center.
Worldwide Unspecified
Army NG Unspecified Worldwide Planning and Design....... 20,469 20,469
Locations
Army NG Unspecified Worldwide Unspecified Minor 15,000 15,000
Locations Construction.
Delaware
Army Res Newark Army Reserve Center/BMA... 21,000 21,000
Wisconsin
Army Res Fort McCoy Transient Training 25,000 25,000
Barracks.
Worldwide Unspecified
Army Res Unspecified Worldwide Planning and Design....... 6,000 6,000
Locations
Army Res Unspecified Worldwide Unspecified Minor 8,928 8,928
Locations Construction.
Louisiana
N/MC Res New Orleans Entry Control Facility 25,260 25,260
Upgrades.
Worldwide Unspecified
N/MC Res Unspecified Worldwide Planning and Design....... 4,780 4,780
Locations
N/MC Res Unspecified Worldwide Unspecified Minor 24,915 24,915
Locations Construction.
California
Air NG Moffett Air National Fuels/Corrosion Control 0 57,000
Guard Base Hanger and Shops.
Georgia
Air NG Savannah/Hilton Head Consolidated Joint Air 24,000 24,000
IAP Dominance Hangar/Shops.
Missouri
Air NG Rosecrans Memorial C-130 Flight Simulator 9,500 9,500
Airport Facility.
Puerto Rico
Air NG Luis Munoz-Marin IAP Communications Facility... 12,500 0
Air NG Luis Munoz-Marin IAP Maintenance Hangar........ 37,500 0
Wisconsin
Air NG Truax Field F-35 Simulator Facility... 14,000 14,000
Air NG Truax Field Fighter Alert Shelters.... 20,000 20,000
Worldwide Unspecified
Air NG Unspecified Worldwide Unspecified Minor 31,471 31,471
Locations Construction.
Air NG Various Worldwide Planning and Design....... 17,000 17,000
Locations
Georgia
AF Res Robins Air Force Base Consolidated Misssion 43,000 43,000
Complex Phase 3.
Maryland
AF Res Joint Base Andrews AES Training Admin 0 15,000
Facility.
Minnesota
AF Res Minneapolis-St. Paul Aerial Port Facility...... 0 9,800
IAP
Worldwide Unspecified
AF Res Unspecified Worldwide Planning and Design....... 4,604 4,604
Locations
AF Res Unspecified Worldwide Unspecified Minor 12,146 12,146
Locations Construction.
Germany
FH Con Army Baumholder Family Housing 29,983 29,983
Improvements.
Korea
FH Con Army Camp Humphreys Family Housing New 83,167 83,167
Construction Incr 4.
Pennsylvania
FH Con Army Tobyhanna Army Depot Family Housing Replacement 19,000 19,000
Construction.
Worldwide Unspecified
FH Con Army Unspecified Worldwide Family Housing P & D...... 9,222 9,222
Locations
FH Ops Army Unspecified Worldwide Furnishings............... 24,027 24,027
Locations
FH Ops Army Unspecified Worldwide Housing Privatization 18,627 68,627
Locations Support.
FH Ops Army Unspecified Worldwide Leasing................... 128,938 128,938
Locations
FH Ops Army Unspecified Worldwide Maintenance............... 81,065 81,065
Locations
FH Ops Army Unspecified Worldwide Management................ 38,898 38,898
Locations
FH Ops Army Unspecified Worldwide Miscellaneous............. 484 484
Locations
FH Ops Army Unspecified Worldwide Services.................. 10,156 10,156
Locations
FH Ops Army Unspecified Worldwide Utilities................. 55,712 55,712
Locations
FH Con Navy Unspecified Worldwide Construction Improvements. 41,798 41,798
Locations
FH Con Navy Unspecified Worldwide Planning & Design......... 3,863 3,863
Locations
FH Con Navy Unspecified Worldwide USMC DPRI/Guam Planning 2,000 2,000
Locations and Design.
FH Ops Navy Unspecified Worldwide Furnishings............... 19,009 19,009
Locations
FH Ops Navy Unspecified Worldwide Housing Privatization 21,975 81,575
Locations Support.
FH Ops Navy Unspecified Worldwide Leasing................... 64,126 64,126
Locations
FH Ops Navy Unspecified Worldwide Maintenance............... 82,611 82,611
Locations
FH Ops Navy Unspecified Worldwide Management................ 50,122 50,122
Locations
FH Ops Navy Unspecified Worldwide Miscellaneous............. 151 151
Locations
FH Ops Navy Unspecified Worldwide Services.................. 16,647 16,647
Locations
FH Ops Navy Unspecified Worldwide Utilities................. 63,229 63,229
Locations
Germany
FH Con AF Spangdahlem Air Base Construct Deficit Military 53,584 53,584
Family Housing.
Worldwide Unspecified
FH Con AF Unspecified Worldwide Construction Improvements. 46,638 46,638
Locations
FH Con AF Unspecified Worldwide Planning & Design......... 3,409 3,409
Locations
FH Ops AF Unspecified Worldwide Furnishings............... 30,283 30,283
Locations
FH Ops AF Unspecified Worldwide Housing Privatization..... 22,593 53,793
Locations
FH Ops AF Unspecified Worldwide Leasing................... 15,768 15,768
Locations
FH Ops AF Unspecified Worldwide Maintenance............... 117,704 117,704
Locations
FH Ops AF Unspecified Worldwide Management................ 56,022 56,022
Locations
FH Ops AF Unspecified Worldwide Miscellaneous............. 2,144 2,144
Locations
FH Ops AF Unspecified Worldwide Services.................. 7,770 7,770
Locations
FH Ops AF Unspecified Worldwide Utilities................. 42,732 42,732
Locations
FH Ops DW Unspecified Worldwide Furnishings............... 727 727
Locations
FH Ops DW Unspecified Worldwide Leasing................... 52,128 52,128
Locations
FH Ops DW Unspecified Worldwide Maintenance............... 32 32
Locations
FH Ops DW Unspecified Worldwide Utilities................. 4,113 4,113
Locations
FHIF Unspecified Worldwide Administrative Expenses-- 3,045 3,045
Locations FHIF.
UHIF Unspecified Worldwide Administrative Expenses-- 500 500
Locations UHIF.
BRAC Worldwide Unspecified Base Realignment and 66,111 96,111
Locations Closure.
BRAC Unspecified Worldwide Base Realignment & Closure 158,349 218,349
Locations
BRAC Unspecified Worldwide DoD BRAC Activities--Air 54,066 84,066
Locations Force.
Prior Year Savings
PYS Prior Year Savings Prior Year Savings........ 0 -45,055
----------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2020 House
Account Installation Project Title Request Agreement
----------------------------------------------------------------------------------------------------------------
Guantanamo Bay, Cuba
Army Guantanamo Bay Naval OCO: Communications Facility 22,000 22,000
Station
Army Guantanamo Bay Naval OCO: Detention Legal Office 11,800 11,800
Station and Comms Ctr.
Army Guantanamo Bay Naval OCO: High Value Detention 88,500 0
Station Facility.
Worldwide Unspecified
Army Unspecified Worldwide EDI/OCO Planning and Design. 19,498 19,498
Locations
Army Unspecified Worldwide EDI: Bulk Fuel Storage...... 36,000 36,000
Locations
Army Unspecified Worldwide EDI: Information Systems 6,200 6,200
Locations Facility.
Army Unspecified Worldwide EDI: Minor Construction..... 5,220 5,220
Locations
Army Unspecified Worldwide Unspecified Worldwide 9,200,000 0
Locations Construction.
Army Various Worldwide EDI: Various Worldwide 0 56,142
Locations Locations Europe.
Bahrain
Navy SW Asia Electrical System Upgrade... 0 53,360
Italy
Navy Sigonella Communications Station...... 0 77,400
Spain
Navy Rota EDI: In-Transit Munitions 9,960 9,960
Facility.
Navy Rota EDI: Joint Mobility Center.. 46,840 46,840
Navy Rota EDI: Small Craft Berthing 12,770 12,770
Facility.
Worldwide Unspecified
Navy Unspecified Worldwide Planning and Design......... 25,000 25,000
Locations
Navy Various Worldwide EDI: Various Worldwide 0 56,246
Locations Locations Europe.
Iceland
AF Keflavik EDI-Airfield Upgrades-- 18,000 18,000
Dangerous Cargo Pad.
AF Keflavik EDI-Beddown Site Prep....... 7,000 7,000
AF Keflavik EDI-Expand Parking Apron.... 32,000 32,000
Jordan
AF Azraq Air Traffic Control Tower... 0 24,000
AF Azraq Munitions Storage Area...... 0 42,000
Spain
AF Moron EDI-Hot Cargo Pad........... 8,500 8,500
Worldwide Unspecified
AF Unspecified Worldwide EDI-ECAOS DABS/FEV EMEDS 107,000 107,000
Locations Storage.
AF Unspecified Worldwide EDI-Hot Cargo Pad........... 29,000 29,000
Locations
AF Unspecified Worldwide EDI-Munitions Storage Area.. 39,000 39,000
Locations
AF Various Worldwide EDI: Various Worldwide 0 56,246
Locations Locations Europe.
AF Various Worldwide EDI-P&D..................... 61,438 61,438
Locations
AF Various Worldwide EDI-UMMC.................... 12,800 12,800
Locations
Germany
Def-Wide Gemersheim EDI: Logistics Distribution 46,000 46,000
Center Annex.
----------------------------------------------------------------------------------------------------------------
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
------------------------------------------------------------------------
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2020 House
Program Request Authorized
------------------------------------------------------------------------
Discretionary Summary By Appropriation
Energy And Water Development, And Related
Agencies
Appropriation Summary:
Energy Programs
Nuclear Energy........................ 137,808 137,808
Atomic Energy Defense Activities
National nuclear security
administration:
Weapons activities.................. 12,408,603 11,807,074
Defense nuclear nonproliferation.... 1,993,302 2,005,087
Naval reactors...................... 1,648,396 1,632,142
Federal salaries and expenses....... 434,699 410,000
Total, National nuclear security 16,485,000 15,854,303
administration...........................
Environmental and other defense
activities:
Defense environmental cleanup....... 5,506,501 5,616,001
Other defense activities............ 1,035,339 1,035,339
Defense nuclear waste disposal...... 26,000 0
Total, Environmental & other defense 6,567,840 6,651,340
activities...............................
Total, Atomic Energy Defense Activities... 23,052,840 22,505,643
Total, Discretionary Funding.............. 23,190,648 22,643,451
Nuclear Energy
Idaho sitewide safeguards and security.... 137,808 137,808
Total, Nuclear Energy..................... 137,808 137,808
Weapons Activities
Directed stockpile work
Life extension programs and major
alterations
B61-12 Life extension program......... 792,611 792,611
W76-2 Modification program............ 10,000 0
Terminate effort.................... [-10,000]
W88 Alt 370........................... 304,186 304,186
W80-4 Life extension program.......... 898,551 898,551
W87-1 Modification Program (formerly 112,011 53,000
IW1).................................
Unjustified growth.................. [-59,011]
Total, Life extension programs and major 2,117,359 2,048,348
alterations..............................
Stockpile systems
B61 Stockpile systems................. 71,232 71,232
W76 Stockpile systems................. 89,804 89,804
W78 Stockpile systems................. 81,299 81,299
W80 Stockpile systems................. 85,811 80,204
Unjustified study requirement....... [-5,607]
B83 Stockpile systems................. 51,543 22,421
Unjustified growth.................. [-29,122]
W87 Stockpile systems................. 98,262 98,262
W88 Stockpile systems................. 157,815 157,815
Total, Stockpile systems.................. 635,766 601,037
Weapons dismantlement and disposition
Operations and maintenance............ 47,500 47,500
Stockpile services
Production support.................... 543,964 510,000
Unjustified program growth.......... [-33,964]
Research and development support...... 39,339 36,150
Unjustified program growth.......... [-3,189]
R&D certification and safety.......... 236,235 201,840
Unjustified program growth.......... [-34,395]
Management, technology, and production 305,000 305,000
Total, Stockpile services................. 1,124,538 1,052,990
Strategic materials
Uranium sustainment................... 94,146 94,146
Plutonium sustainment................. 712,440 471,309
Pit production beyond 30 pits per [-241,131]
year...............................
Tritium sustainment................... 269,000 269,000
Lithium sustainment................... 28,800 28,800
Domestic uranium enrichment........... 140,000 140,000
Strategic materials sustainment....... 256,808 256,808
Total, Strategic materials................ 1,501,194 1,260,063
Total, Directed stockpile work............ 5,426,357 5,009,938
Research, development, test and evaluation
(RDT&E)
Science
Advanced certification................ 57,710 57,710
Primary assessment technologies....... 95,169 95,169
Dynamic materials properties.......... 133,800 133,800
Advanced radiography.................. 32,544 32,544
Secondary assessment technologies..... 77,553 77,553
Academic alliances and partnerships... 44,625 44,625
Enhanced Capabilities for Subcritical 145,160 145,160
Experiments..........................
Total, Science............................ 586,561 586,561
Engineering
Enhanced surety....................... 46,500 39,717
Unjustified program growth.......... [-6,783]
Delivery Environments (formerly 35,945 23,029
Weapons Systems Engineering
Assessment Technology)...............
Unjustified program growth.......... [-12,916]
Nuclear survivability................. 53,932 53,932
Enhanced surveillance................. 57,747 57,747
Stockpile Responsiveness.............. 39,830 5,000
Unjustified request................. [-34,830]
Total, Engineering ....................... 233,954 179,425
Inertial confinement fusion ignition and
high yield
Ignition and Other Stockpile Programs. 55,649 55,649
Diagnostics, cryogenics and 66,128 66,128
experimental support.................
Pulsed power inertial confinement 8,571 8,571
fusion...............................
Joint program in high energy density 12,000 12,000
laboratory plasmas...................
Facility operations and target 338,247 338,247
production...........................
High energy density R&D............... 0 0
National ignition facility, LLNL...... 0 0
Z Facility, SNL....................... 0 0
Omega laser facility, URochester...... 0 0
Total, Inertial confinement fusion and 480,595 480,595
high yield...............................
Advanced simulation and computing
Advanced simulation and computing..... 789,849 789,849
Construction:
18-D-620, Exascale Computing 50,000 50,000
Facility Modernization Project,
LLNL...............................
Total, Construction....................... 50,000 50,000
Total, Advanced simulation and computing.. 839,849 839,849
Advanced manufacturing
Additive manufacturing................ 18,500 18,500
Component manufacturing development... 48,410 48,410
Process technology development........ 69,998 30,914
Unjustified program growth.......... [-39,804]
Total, Advanced manufacturing............. 136,908 97,824
Total, RDT&E.............................. 2,277,867 2,184,254
Infrastructure and operations
Operations of facilities................ 905,000 870,000
Unjustified program growth.......... [-35,000]
Safety and environmental operations..... 119,000 110,000
Unjustified program growth.......... [-9,000]
Maintenance and repair of facilities.... 456,000 456,000
Recapitalization:
Infrastructure and safety............. 447,657 447,657
Capability based investments.......... 135,341 109,057
Unjustified program growth.......... [-26,284]
Total, Recapitalization................... 582,998 556,714
Construction:
19-D-670, 138kV Power Transmission 6,000 6,000
System Replacement, NNSS.............
18-D-690, Lithium Processing Facility, 32,000 39,000
Y-12 (formerly Lithium Production
Capability, Y-12)....................
Program increase.................... [7,000]
18-D-650, Tritium Finishing Facility, 27,000 27,000
SRS..................................
17-D-640, U1a Complex Enhancements 35,000 35,000
Project, NNSS........................
15-D-612, Emergency Operations Center, 5,000 5,000
LLNL.................................
15-D-611, Emergency Operations Center, 4,000 4,000
SNL..................................
15-D-301, HE Science & Engineering 123,000 123,000
Facility, PX.........................
06-D-141 Uranium processing facility Y- 745,000 745,000
12, Oak Ridge, TN....................
04-D-125, Chemistry and Metallurgy 168,444 168,444
Research Replacement Project, LANL...
Total, Construction....................... 1,145,444 1,152,444
Total, Infrastructure and operations...... 3,208,442 3,145,158
Secure transportation asset
Operations and equipment................ 209,502 209,502
Program direction....................... 107,660 107,660
Total, Secure transportation asset........ 317,162 317,162
Defense nuclear security
Operations and maintenance.............. 778,213 750,000
Excess to need........................ [-28,213]
Total, Defense nuclear security........... 778,213 750,000
Information technology and cybersecurity.. 309,362 309,362
Legacy contractor pensions................ 91,200 91,200
Total, Weapons Activities................. 12,408,603 11,807,074
Defense Nuclear Nonproliferation
Defense Nuclear Nonproliferation Programs
Global material security
International nuclear security........ 48,839 48,839
Domestic radiological security........ 90,513 90,513
International radiological security... 60,827 80,827
Secure additional radiologic [20,000]
materials..........................
Nuclear smuggling detection and 142,171 142,171
deterrence...........................
Total, Global material security........... 342,350 362,350
Material management and minimization
HEU reactor conversion................ 114,000 114,000
Nuclear material removal.............. 32,925 32,925
Material disposition.................. 186,608 186,608
Total, Material management & minimization. 333,533 333,533
Nonproliferation and arms control....... 137,267 137,267
Defense nuclear nonproliferation R&D.... 495,357 525,357
Proliferation detection research...... [15,000]
Additional verification and detection [15,000]
effort...............................
Nonproliferation Construction:
18-D-150 Surplus Plutonium Disposition 79,000 79,000
Project..............................
99-D-143 Mixed Oxide (MOX) Fuel 220,000 213,500
Fabrication Facility, SRS............
Program decrease.................... [-6,500]
Total, Nonproliferation construction...... 299,000 292,500
Total, Defense Nuclear Nonproliferation 1,607,507 1,651,007
Programs.................................
Legacy contractor pensions................ 13,700 13,700
Nuclear counterterrorism and incident 372,095 340,380
response program.........................
Unjustified cost growth................. [-31,715]
Total, Defense Nuclear Nonproliferation... 1,993,302 2,005,087
Naval Reactors
Naval reactors development................ 531,205 514,951
Unjustified growth...................... [-16,254]
Columbia-Class reactor systems development 75,500 75,500
S8G Prototype refueling................... 155,000 155,000
Naval reactors operations and 553,591 553,591
infrastructure...........................
Construction:
20-D-931, KL Fuel Development Laboratory 23,700 23,700
19-D-930, KS Overhead Piping............ 20,900 20,900
14-D-901 Spent fuel handling 238,000 238,000
recapitalization project, NRF..........
Total, Construction....................... 282,600 282,600
Program direction......................... 50,500 50,500
Total, Naval Reactors..................... 1,648,396 1,632,142
Federal Salaries And Expenses
Program direction......................... 434,699 410,000
Unjustified growth...................... [-24,699]
Total, Office Of The Administrator........ 434,699 410,000
Defense Environmental Cleanup
Closure sites:
Closure sites administration............ 4,987 4,987
Richland:
River corridor and other cleanup 139,750 139,750
operations.............................
Central plateau remediation............. 472,949 522,949
Program increase...................... [50,000]
Richland community and regulatory 5,121 5,121
support................................
Construction:
18-D-404 WESF Modifications and 11,000 11,000
Capsule Storage......................
Total, Construction....................... 11,000 11,000
Total, Hanford site....................... 628,820 678,820
Office of River Protection:
Waste Treatment Immobilization Plant 15,000 15,000
Commissioning..........................
Rad liquid tank waste stabilization and 677,460 705,460
disposition............................
Program increase...................... [28,000]
Construction:
18-D-16 Waste treatment and 640,000 640,000
immobilization plant--LBL/Direct feed
LAW..................................
01-D-16 D, High-level waste facility.. 30,000 30,000
01-D-16 E--Pretreatment Facility...... 20,000 20,000
Total, Construction....................... 690,000 690,000
ORP Low-level waste offsite disposal.... 10,000 10,000
Total, Office of River Protection......... 1,392,460 1,420,460
Idaho National Laboratory:
Idaho cleanup and waste disposition..... 331,354 331,354
Idaho community and regulatory support.. 3,500 3,500
Total, Idaho National Laboratory.......... 334,854 334,854
NNSA sites and Nevada off-sites
Lawrence Livermore National Laboratory.. 1,727 1,727
LLNL Excess facilities R&D.............. 128,000 128,000
Nuclear facility D & D
Separations Process Research Unit..... 15,300 15,300
Nevada................................ 60,737 60,737
Sandia National Laboratories.......... 2,652 2,652
Los Alamos National Laboratory........ 195,462 195,462
Total, NNSA sites and Nevada off-sites.... 403,878 403,878
Oak Ridge Reservation:
OR Nuclear facility D & D............... 93,693 93,693
Total, OR Nuclear facility D & D.......... 93,693 93,693
U233 Disposition Program................ 45,000 45,000
OR cleanup and waste disposition
OR cleanup and disposition............ 82,000 82,000
Construction:
17-D-401 On-site waste disposal 15,269 15,269
facility...........................
14-D-403 Outfall 200 Mercury 49,000 49,000
Treatment Facility.................
Total, Construction....................... 64,269 64,269
Total, OR cleanup and waste disposition... 146,269 146,269
OR community & regulatory support....... 4,819 4,819
OR technology development and deployment 3,000 3,000
OR Excess facilities D&D................ 0
Total, Oak Ridge Reservation.............. 292,781 292,781
Savannah River Sites:
Savannah River risk management
operations
Savannah River risk management 490,613 515,613
operations...........................
Program increase.................... [25,000]
Construction:
18-D-402, Emergency Operations 6,792 6,792
Center.............................
Total, risk management operations......... 497,405 522,405
SR community and regulatory support..... 4,749 11,249
Program increase.................... [6,500]
Radioactive liquid tank waste 797,706 797,706
stabilization and disposition........
Construction:
20-D-402 Advanced Manufacturing 50,000 50,000
Collaborative Facility (AMC).......
20-D-401 Saltstone Disposal Unit 500 500
#10, 11, 12........................
18-D-402 Saltstone Disposal Unit #8/ 51,750 51,750
9..................................
17-D-402 Saltstone Disposal Unit #7. 40,034 40,034
05-D-405 Salt waste processing 20,988 20,988
facility, Savannah River Site......
Total, Construction....................... 163,272 163,272
Total, Savannah River site................ 1,463,132 1,494,632
Waste Isolation Pilot Plant
Waste Isolation Pilot Plant............. 299,088 299,088
Construction:
15-D-411 Safety significant 58,054 58,054
confinement ventilation system, WIPP.
15-D-412 Exhaust shaft, WIPP.......... 34,500 34,500
Total, Construction....................... 92,554 92,554
Total, Waste Isolation Pilot Plant........ 391,642 391,642
Program direction......................... 278,908 278,908
Program support........................... 12,979 12,979
Safeguards and Security
Safeguards and Security................. 317,622 317,622
Total, Safeguards and Security............ 317,622 317,622
Use of prior year balances................ -15,562 -15,562
Total, Defense Environmental Cleanup...... 5,506,501 5,616,001
Other Defense Activities
Environment, health, safety and security
Environment, health, safety and security 139,628 139,628
Program direction....................... 72,881 72,881
Total, Environment, Health, safety and 212,509 212,509
security.................................
Independent enterprise assessments
Independent enterprise assessments...... 24,068 24,068
Program direction....................... 57,211 57,211
Total, Independent enterprise assessments. 81,279 81,279
Specialized security activities........... 254,578 254,578
Office of Legacy Management
Legacy management....................... 283,767 283,767
Program direction....................... 19,262 19,262
Total, Office of Legacy Management........ 303,029 303,029
Defense related administrative support
Chief financial officer................. 54,538 54,538
Chief information officer............... 124,554 124,554
Total, Defense related administrative 179,092 179,092
support..................................
Office of hearings and appeals............ 4,852 4,852
Subtotal, Other defense activities........ 1,035,339 1,035,339
Total, Other Defense Activities........... 1,035,339 1,035,339
Defense Nuclear Waste Disposal
Yucca mountain and interim storage........ 26,000 0
Program cut............................. 0 [-26,000]
Total, Defense Nuclear Waste Disposal..... 26,000 0
------------------------------------------------------------------------
Passed the House of Representatives July 12, 2019.
Attest:
CHERYL L. JOHNSON,
Clerk.
Calendar No. 512
116th CONGRESS
2d Session
H. R. 2500
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal year 2020 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.
_______________________________________________________________________
August 11, 2020
Read twice and placed on the calendar