H.R.2500 - National Defense Authorization Act for Fiscal Year 2020116th Congress (2019-2020) |
Bill
Hide Overview| Sponsor: | Rep. Smith, Adam [D-WA-9] (Introduced 05/02/2019)(by request) |
|---|---|
| Committees: | House - Armed Services |
| Committee Reports: | H. Rept. 116-120; H. Rept. 116-120,Part 2 |
| Latest Action: | House - 07/12/2019 The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 2500. (All Actions) |
| Roll Call Votes: | There have been 36 roll call votes |
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Subject — Policy Area:
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Text: H.R.2500 — 116th Congress (2019-2020)All Information (Except Text)
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Reported in House (06/19/2019)
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2500 Reported in House (RH)]
<DOC>
Union Calendar No. 88
116th CONGRESS
1st Session
H. R. 2500
[Report No. 116-120]
To authorize appropriations for fiscal year 2020 for military
activities of the Department of Defense and for military construction,
to prescribe military personnel strengths for such fiscal year, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2019
Mr. Smith of Washington (for himself and Mr. Thornberry) (both by
request) introduced the following bill; which was referred to the
Committee on Armed Services
June 19, 2019
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on May 2,
2019]
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2020 for military
activities of the Department of Defense and for military construction,
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.
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.
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.
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.
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.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
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.
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.
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.
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.
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.
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.
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.
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.
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. Clarifications regarding scope of employment and reemployment
rights of members of the uniformed
services.
Sec. 545. Military orders required for termination of leases pursuant
to the Servicemembers Civil Relief Act.
Sec. 546. Consultation regarding victim's preference in prosecution
jurisdiction.
Sec. 547. Extension and expansion of Defense Advisory Committee on
Investigation, Prosecution, and Defense of
Sexual Assault in the Armed Forces.
Sec. 548. Defense Advisory Committee for the Prevention of Sexual
Misconduct.
Sec. 549. Safe to report policy applicable across the Armed Forces.
Sec. 550. Availability of Special Victims' Counsel and special victim
prosecutors at military installations.
Sec. 550a. 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. 550b. Training for Special Victims' Counsel on civilian criminal
justice matters in the States of the
military installations to which assigned.
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. Degree granting authority for United States Army Armament
Graduate School.
Sec. 556. Congressional nominations for Senior Reserve Officers'
Training Corps scholarships.
Sec. 557. 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. 558. Redesignation of the Commandant of the United States Air
Force Institute of Technology as the
Director and Chancellor of such Institute.
Sec. 559. Eligibility of additional enlisted members for associate
degree programs of the Community College of
the Air Force.
Sec. 560. Safe-to-report policy applicable to military service
academies.
Sec. 560a. Recoupment of funds from cadets and midshipmen separated for
criminal misconduct.
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.
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.
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.
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''.
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.
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.
Subtitle D--Defense Resale Matters
Sec. 631. GAO review of defense resale optimization study.
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.
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 leadership of interagency program office of
the Department of Defense and the
Department of Veterans Affairs.
Sec. 714. Inclusion of blast exposure history in medical records of
members of the Armed Forces.
Sec. 715. Comprehensive policy for provision of mental health care to
members of the Armed Forces.
Sec. 716. Limitation on the realignment or reduction of military
medical manning end strength.
Sec. 717. Strategy to recruit and retain mental health providers.
Sec. 718. Monitoring medication prescribing practices for the treatment
of post-traumatic stress disorder.
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.
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.
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.
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.
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.
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 I--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 II--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.
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.
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.
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.
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.
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.
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.
TITLE XI--CIVILIAN PERSONNEL MATTERS
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.
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.
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.
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.
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.
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.
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.
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.
Subtitle H--Baltic Reassurance Act
Sec. 1271. Findings.
Sec. 1272. Sense of Congress.
Sec. 1273. Defense assessment.
Sec. 1274. Appropriate congressional committees defined.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Funding allocations.
Sec. 1302. Specification of cooperative threat reduction funds.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense health program.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Subtitle B--Tanker Security Fleet
Sec. 3511. Tanker 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).
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.
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.
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 90 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.
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 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; and
(3) incorporate procedures for the legal review of--
(A) weapons that incorporate emerging technology;
and
(B) treaties that may be affected by such
technology.
(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.
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) 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) Identification of any statutory, regulatory, or policy
barriers to implementing the master plan and regulatory,
policy, or legislative proposals to address such barriers.
(c) 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.
(d) 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).
(e) 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); and
(3) other facilities that support the research development,
test, and evaluation activities of the Department.
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; and
(I) 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 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 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.
(vi) 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) 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) Termination.--The Commission shall terminate on December 31,
2021.
(e) 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.
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.
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, 2025, 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 2027.
(b) Prohibition on Use.--Fluorinated aqueous film-forming foam may
not be used at any military installation on or after September 30,
2029, 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) Limitation.--A waiver under this subsection shall apply
for a period that does not exceed three years. The Secretary
may extend any such waiver once for an additional period that
does not exceed three years.
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) as the Secretary considers necessary and
appropriate, 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.
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).
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.
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, 2023''.
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.--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 the date
on which the Commander of United States Transportation Command provides
to the congressional defense committees a briefing on--
(1) the business case analysis required by subsection (b);
and
(2) the proposed structure and meeting schedule for the
advisory group established under subsection (a).
(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.
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).
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.
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.
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.
SECTION 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 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.
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 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.
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 or the United States Air
Force 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.
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. 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. 545. 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. 546. 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. 547. 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. 548. 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. 549. 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. 550. 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. 550A. 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. 550B. 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.
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. 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. 556. 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. 557. 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. 558. 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. 559. 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. 560. 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. 560A. 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.
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.
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 while on active
duty 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.
(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) 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)).
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.
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; or
(C) racism; 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.
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.''.
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.''.
SECTION 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.''.
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.
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)''.
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 prevent the effective performance of the assessment
during such time period.''.
(c) Effective Date.--The amendments made by this section 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'').
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 LEADERSHIP OF INTERAGENCY PROGRAM OFFICE OF
THE DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF VETERANS
AFFAIRS.
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.''.
SEC. 714. 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. 715. 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. 716. 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. 717. 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.
SEC. 718. 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.
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) 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) 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.
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; and
(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.
(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.
(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, 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; and
(B) establish a secure supply chain for rare earth
materials from sources within the United States and
covered foreign sources.
(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 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 $37,420,000 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.--''.
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 on the use of the
authority provided pursuant to subsection (a) through the end
of fiscal year 2021.
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
``(a) In General.--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) Negotiations.--Any action taken by the Secretary under this
section, or to implement this section, shall not be subject to the
requirements of chapter 71 of title 5.''.
(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 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 subsections (b) and (c),
the Secretary of Defense shall only award contracts for the procurement
of telecommunications services or the installation of
telecommunications infrastructure on national security installations on
territories of the United States located in the Pacific Ocean to
allowed contractors.
(b) Exception.--Subsection (a) shall not apply to contracts the
procurement of telecommunications services or the installation of
telecommunications infrastructure if such telecommunications services
or telecommunications infrastructure does 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.
(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
service; 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--
(A) an entity that is 100 percent owned by persons
located in the United States that has submitted an
offer for a contract let by the Department of Defense;
or
(B) an entity that--
(i) is 100 percent owned by persons located
in the United States or in a covered foreign
country that has submitted an offer for a
contract let by the Department of Defense; and
(ii) does not have significant connections,
including major equipment purchases, ownership
interests, or joint ventures, with any entity
identified in subsection (f)(3) of section 889
of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Pub. L.
115-232; 132 Stat. 1918; 41 U.S.C. 3901 note)
(2) Covered foreign country.--The term ``covered foreign
country'' means a foreign country the government of which
permits allowed contractors to compete on a fair basis for
contracts for the procurement of telecommunications services or
the installation of telecommunications infrastructure let by
the government of such foreign country.
(3) National security installation.--The term ``national
security installation'' means any facility operated by the
Department of Defense.
(4) Telecommunications service.--The term
``telecommunications service'' has the meaning given in section
3 of the Communications Act of 1934 (47 U.S.C. 153).
(5) Telecommunications infrastructure.--The term
``telecommunications infrastructure'' means any wire or
switching facilities used to provide telecommunications
services.
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.
(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.
(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) Exemption.--The Secretary of Defense is exempt from the
restriction under subsection (a) if the operation or procurement is for
the purposes of--
(1) Counter-UAS surrogate testing and training; or
(2) intelligence, electronic warfare, and information
warfare operations, testing, analysis, and training.
(c) 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 the operation or
procurement is required in the national interest of the United States.
(d) 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
``(a) In General.--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) Negotiations.--Any action taken by the Secretary under this
section, or to implement this section, shall not be subject to the
requirements of chapter 71 of title 5.''.
(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 90 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.--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).
(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.
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.
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.
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 consolidate the Defense Media Activity until a
period of 180 days has elapsed following the date of the enactment of
this Act.
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 I--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 II--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.
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