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June 18, 2019

Rules Committee Print 116–19

Text of H.R. 2500, National Defense Authorization Act for Fiscal Year 2020

[Showing the text of H.R. 2500, as ordered reported by the Committee on Armed Services]

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.

Sec. 101. Authorization of appropriations.

Sec. 111. Modification of annual report on cost targets for certain aircraft carriers.

Sec. 112. Repeal of requirement to adhere to Navy cost estimates for certain aircraft carriers.

Sec. 113. Ford class aircraft carrier support for F–35C aircraft.

Sec. 114. Prohibition on use of funds for reduction of aircraft carrier force structure.

Sec. 115. Design and construction of amphibious transport dock designated LPD–31.

Sec. 116. Limitation on availability of funds pending quarterly updates on the CH–53K King Stallion helicopter program.

Sec. 117. Limitation on availability of funds for VH–92A helicopter.

Sec. 118. National Defense Reserve Fleet Vessel.

Sec. 121. Modification of requirement to preserve certain C–5 aircraft.

Sec. 122. Modification of limitation on use of funds for KC–46A aircraft.

Sec. 123. F–15EX aircraft program.

Sec. 124. Prohibition on availability of funds for reduction in KC–10 primary mission aircraft inventory.

Sec. 125. Limitation on availability of funds for VC–25B aircraft.

Sec. 126. Limitation on availability of funds for retirement of RC–135 aircraft.

Sec. 127. Report on aircraft fleet of the Civil Air Patrol.

Sec. 131. Economic order quantity contracting and buy-to-budget acquisition for F–35 aircraft program.

Sec. 132. Program requirements for the F–35 aircraft program.

Sec. 133. Reports on F–35 aircraft program.

Sec. 201. Authorization of appropriations.

Sec. 211. Program on enhancement of preparation of dependents of members of Armed Forces for careers in science, technology, engineering, and mathematics.

Sec. 212. Temporary inclusion of joint artificial intelligence center of the Department of Defense in personnel management authority to attract experts in science and engineering.

Sec. 213. Joint Hypersonics Transition Office.

Sec. 214. Modification of proof of concept commercialization program.

Sec. 215. Contract for national security research studies.

Sec. 216. JASON Scientific Advisory Group.

Sec. 217. Direct Air Capture and Blue Carbon Removal Technology Program.

Sec. 218. Foreign malign influence operations research program.

Sec. 219. Sensor data integration for fifth generation aircraft.

Sec. 220. Documentation relating to Advanced Battle Management System.

Sec. 221. Documentation relating to B–52 commercial engine replacement program.

Sec. 222. Diversification of the science, technology, research, and engineering workforce of the Department of Defense.

Sec. 223. Policy on the talent management of digital expertise and software professionals.

Sec. 224. Development and implementation of digital engineering capability and automated software testing and evaluation.

Sec. 225. Process to align policy formulation and emerging technology development.

Sec. 226.  Limitation on transition of Strategic Capabilities Office of the Department of Defense.

Sec. 231. Master plan for implementation of authorities relating to science and technology reinvention laboratories.

Sec. 232. Master plan for infrastructure required to support research, development, test, and evaluation missions.

Sec. 233. Strategy and implementation plan for fifth generation information and communications technologies.

Sec. 234. Department-wide software science and technology strategy.

Sec. 235. Artificial intelligence education strategy.

Sec. 236. Biannual report on the Joint Artificial Intelligence Center.

Sec. 237. Quarterly updates on the Optionally Manned Fighting Vehicle program.

Sec. 238. Grants for civics education programs.

Sec. 239. Technology and national security fellowship.

Sec. 240. National Security Commission on Defense Research at Historically Black Colleges and Universities and Other Minority Institutions.

Sec. 301. Authorization of appropriations.

Sec. 311. Timeline for Clearinghouse review of applications for energy projects that may have an adverse impact on military operations and readiness.

Sec. 312. Authority to make final finding on designation of geographic areas of concern for purposes of energy projects with adverse impacts on military operations and readiness.

Sec. 313. Authority to accept contributions of funds from applicants for energy projects for mitigation of impacts on military operations and readiness.

Sec. 314. Department of Defense improvement of previously conveyed utility systems serving military installations.

Sec. 315. Five-year authority for National Guard environmental restoration projects for environmental responses.

Sec. 316. Sale of electricity from alternate energy and cogeneration production facilities.

Sec. 317. Transfer authority for funding of study and assessment on health implications of per- and polyfluoroalkyl substances contamination in drinking water by Agency for Toxic Substances and Disease Registry.

Sec. 318. Replacement of fluorinated aqueous film-forming foam with fluorine-free fire-fighting agent.

Sec. 319. Prohibition of uncontrolled release of fluorinated aqueous film-forming foam at military installations.

Sec. 320. Prohibition on use of fluorinated aqueous film forming foam for training exercises.

Sec. 321. Real-time noise-monitoring study at Navy and Air Force installations where tactical fighter aircraft operate.

Sec. 322. Development of climate vulnerability and risk assessment tool.

Sec. 323. Provision of uncontaminated water for agricultural use on land contaminated by PFOS and PFOA used on military installations.

Sec. 331. Material readiness metrics and objectives.

Sec. 332. Clarification of authority regarding use of working capital funds for unspecified minor military construction projects related to revitalization and recapitalization of defense industrial base facilities.

Sec. 333. F–35 Joint Strike Fighter sustainment.

Sec. 334. Report on strategic policy for prepositioned materiel and equipment.

Sec. 335. Limitation on use of funds for implementation of elements of master plan for redevelopment of Former Ship Repair Facility in Guam.

Sec. 341. Readiness reporting.

Sec. 342. Extension of deadline for transition from service-specific defense readiness reporting systems.

Sec. 343. Report on Navy ship depot maintenance budget.

Sec. 344. Report on Runit Dome.

Sec. 351. Inclusion of over-the-horizon radars in early outreach procedures.

Sec. 352. Extension of authority for Secretary of Defense to use Department of Defense reimbursement rate for transportation services provided to certain non-Department of Defense entities.

Sec. 353. Expanded transfer and adoption of military animals.

Sec. 354. Extension of authority of Secretary of Transportation to issue non-premium aviation insurance.

Sec. 355. Defense personal property program.

Sec. 356. Public events about Red Hill Bulk Fuel Storage Facility.

Sec. 357. Sense of Congress regarding Innovative Readiness Training program.

Sec. 358. Pilot program on reduction of effects of military aviation noise on private residences.

Sec. 401. End strengths for active forces.

Sec. 402. Revisions in permanent active duty end strength minimum levels.

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.

Sec. 421. Military personnel.

Sec. 501. Management policies for joint qualified officers.

Sec. 502. Grade of Chief of the Veterinary Corps of the Army.

Sec. 503. Authority of promotion boards to recommend that officers of particular merit be placed higher on promotion list.

Sec. 504. Availability on the internet of certain information about officers serving in general or flag officer grades.

Sec. 511. Grade of certain chiefs of reserve components.

Sec. 512. Authority to defer mandatory separation at age 68 of officers in medical specialties in the reserve components.

Sec. 513. Repeal of requirement for review of certain Army Reserve officer unit vacancy promotions by commanders of associated active duty units.

Sec. 514. Guidance for use of unmanned aircraft systems by the National Guard.

Sec. 515. Junior Reserve Officers’ Training Corps.

Sec. 516. JROTC computer science and cybersecurity program.

Sec. 517. Programs of scholarships for members of Junior Reserve Officers' Training Corps units toward obtaining private pilot's certificates.

Sec. 518. Sense of Congress regarding Junior Reserve Officers' Training Corps.

Sec. 519. Sense of Congress regarding the National Guard Youth Challenge Program.

Sec. 521. Establishment of board of appeals regarding denied requests for upgraded discharges and dismissals.

Sec. 522. Prohibition on reduction in the number of personnel assigned to duty with a service review agency.

Sec. 523. Advisory committee on record and service review boards.

Sec. 524. Time requirements for certification of honorable service.

Sec. 525. Prohibition on implementation of military service suitability determinations for foreign nationals who are lawful permanent residents.

Sec. 526. Strategic plan for diversity and inclusion.

Sec. 527. Independent study on barriers to entry into the Armed Forces for English learners.

Sec. 528. Reenlistment waivers for persons separated from the Armed Forces who commit one misdemeanor cannabis offense.

Sec. 529. Sense of Congress regarding accession physicals.

Sec. 531. Command influence.

Sec. 532. Statute of limitations for certain offenses.

Sec. 533. Guidelines on sentences for offenses committed under the Uniform Code of Military Justice.

Sec. 534. Expansion of responsibilities of commanders for victims of sexual assault committed by another member of the Armed Forces.

Sec. 535. Increase in investigative personnel and Victim Witness Assistance Program liaisons.

Sec. 536. Increase in number of digital forensic examiners for the military criminal investigation organizations.

Sec. 537. Pilot programs on defense investigators in the military justice system.

Sec. 538. Pilot program on prosecution of special victim offenses committed by attendees of military service academies.

Sec. 539. Timely disposition of nonprosecutable sex-related offenses.

Sec. 540. Training for sexual assault initial disposition authorities on exercise of disposition authority for sexual assault and collateral offenses.

Sec. 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.

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.

Sec. 561. Prohibition on gender-segregated training at Marine Corps Recruit Depots.

Sec. 562. Medical personnel at Marine Corps Recruit Depots.

Sec. 563. Assessment of deaths of recruits under the jurisdiction of the Secretary of the Navy.

Sec. 564. Inclusion of specific email address block on Certificate of Release or Discharge from Active Duty (DD Form 214).

Sec. 565. Machine readability and electronic transferability of Certificate of Release or Discharge from Active Duty (DD Form 214).

Sec. 566. Records of service for reserves.

Sec. 571. Authorizing members to take leave for a birth or adoption in more than one increment.

Sec. 572. Deferred deployment for members who give birth.

Sec. 573. Authority of the Secretary concerned to transport remains of a covered decedent to no more than two places selected by the person designated to direct disposition of the remains.

Sec. 574. Clarification regarding eligibility to transfer entitlement under Post-9/11 Educational Assistance Program.

Sec. 575. Absentee ballot tracking program.

Sec. 576. Annual State report card.

Sec. 577. Transportation of remains of casualties; travel expenses for next of kin.

Sec. 578. Meetings of officials of the Department of Defense with survivors of deceased members of the Armed Forces.

Sec. 579. Direct employment pilot program for members of the National Guard and Reserve, veterans, their spouses and dependents, and members of Gold Star Families.

Sec. 580. Continued assistance to schools with significant numbers of military dependent students.

Sec. 581. Expansion of Gold Star Lapel Button Eligibility to stepsiblings; free replacement.

Sec. 582. Establishment of the Atomic Veterans Service Medal.

Sec. 583. Review of World War I valor medals.

Sec. 591. Repeal of quarterly report on end strengths.

Sec. 592. Revision of Workplace and Gender Relations Surveys.

Sec. 593. Modification of elements of reports on the improved Transition Assistance Program.

Sec. 594. Questions in workplace surveys regarding supremacist, extremist, and racist activity.

Sec. 595. Command matters in connection with transition assistance programs.

Sec. 596. Expressing support for the designation of a “Gold Star Families Remembrance Day”.

Sec. 601. Clarification of continuation of pays during hospitalization and rehabilitation resulting from wounds, injury, or illness incurred while on duty in a hostile fire area or exposed to an event of hostile fire or other hostile action.

Sec. 602. Basic needs allowance for low-income regular members.

Sec. 603. Temporary increase of rates of basic allowance for housing following determination that local civilian housing costs significantly exceed such rates.

Sec. 604. Basic allowance for housing for a member without dependents when relocation would financially disadvantage the member.

Sec. 605. Partial dislocation allowance.

Sec. 611. One-year extension of certain expiring bonus and special pay authorities.

Sec. 621. Payment of transitional compensation for certain dependents.

Sec. 622. Death gratuity for ROTC graduates.

Sec. 623. Continued eligibility for education and training opportunities for spouses of promoted members.

Sec. 624. Occupational improvements for relocated spouses of members of the uniformed services.

Sec. 625. Expansion of authority to provide financial assistance to civilian providers of child care services or youth program services who provide such services to survivors of members of the Armed Forces who die in line of duty.

Sec. 626. Space-available travel on military aircraft for children and surviving spouses of members who die of hostile action or training duty.

Sec. 627. Consideration of service on active duty to reduce age of eligibility for retired pay for non-regular service.

Sec. 628. Modification to authority to reimburse for State licensure and certification costs of a spouse of a member arising from relocation.

Sec. 629. Improvements to child care for members of the Armed Forces.

Sec. 630. Casualty assistance for survivors of deceased ROTC graduates.

Sec. 631. GAO review of defense resale optimization study.

Sec. 701. Contraception coverage parity under the TRICARE program.

Sec. 702. Pregnancy prevention assistance at military medical treatment facilities for sexual assault survivors.

Sec. 703. Modification of eligibility for TRICARE Reserve Select for certain members of the Selected Reserve.

Sec. 704. Lead level screenings and testings for children.

Sec. 705. Exposure to open burn pits and toxic airborne chemicals or other airborne contaminants as part of periodic health assessments and other physical examinations.

Sec. 706. Enhancement of recordkeeping and postdeployment medical assessment requirements related to occupational and environmental hazard exposure during deployment.

Sec. 707. Modifications to post-deployment mental health assessments for members of the Armed Forces deployed in support of a contingency operation.

Sec. 708. Provision of blood testing for firefighters of Department of Defense to determine exposure to perfluoroalkyl and polyfluoroalkyl substances.

Sec. 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.

Sec. 721. Establishment of military dental research program.

Sec. 722. Pilot program on cryopreservation and storage.

Sec. 723.  Encouragement of participation in Women’s Health Transition Training pilot program.

Sec. 724. National Guard suicide prevention pilot program.

Sec. 725. Reports on suicide among members of the Armed Forces.

Sec. 726. Study on military-civilian integrated health delivery systems.

Sec. 727. Study on case management at military medical treatment facilities.

Sec. 728. Study on infertility among members of the Armed Forces.

Sec. 801. Establishment of acquisition pathways for software applications and software upgrades.

Sec. 802. Software development and software acquisition training and management programs.

Sec. 803. Modifications to cost or pricing data for certain procurements.

Sec. 804. Modifications to cost or pricing data on below-threshold contracts.

Sec. 805. Comptroller General report on price reasonableness.

Sec. 806. Requirement that certain ship components be manufactured in the national technology and industrial base.

Sec. 807. Acquisition and disposal of certain rare earth materials.

Sec. 808. Prohibition on acquisition of tantalum from non-allied foreign nations.

Sec. 809. Application of miscellaneous technology base policies and programs to the Columbia-class submarine program.

Sec. 810. Application of limitation on procurement of goods other than United States goods to the FFG–Frigate Program.

Sec. 811. Consideration of price in procurement of the FFG(X) frigate.

Sec. 812. Repeal of continuation of data rights during challenges.

Sec. 813. Repeal of authority to waive acquisition laws to acquire vital national security capabilities.

Sec. 814. Repeal of transfer of funds related to cost overruns and cost underruns.

Sec. 821. Modifications to the middle tier of acquisition programs.

Sec. 822. Briefing relating to the “middle tier” of acquisition programs.

Sec. 823. Rates for progress payments or performance-based payments.

Sec. 824. Additional requirements for negotiations for noncommercial computer software.

Sec. 825. Responsibility for data analysis and requirements validation for services contracts.

Sec. 826. Annual reports on authority to carry out certain prototype projects.

Sec. 827. Competition requirements for purchases from Federal Prison Industries.

Sec. 828. Enhanced post-award debriefing rights.

Sec. 829. Standardizing data collection and reporting on use of source selection procedures by Federal agencies.

Sec. 830. Modification of justification and approval requirement for certain Department of Defense contracts.

Sec. 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.

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.

Sec. 861. Modifications to the defense acquisition system.

Sec. 871. Consideration of subcontracting to minority institutions.

Sec. 872. Size standard calculations for certain small business concerns.

Sec. 873. Modifications to small business subcontracting.

Sec. 874. Inclusion of best in class designations in annual report on small business goals.

Sec. 875. Small Business Administration cybersecurity reports.

Sec. 876. Cyber counseling certification program for lead small business development centers.

Sec. 877. Exemption of certain contracts from the periodic inflation adjustments to the acquisition-related dollar threshold.

Sec. 878. Improvements to certain defense innovation programs.

Sec. 879. Pilot program for development of technology-enhanced capabilities with partnership intermediaries.

Sec. 880. Authorized official to carry out the procurement technical assistance cooperative agreement program.

Sec. 881. Permanent authorization and improvement of Department of Defense Mentor-Protege Program.

Sec. 891. Requirement to use models of commercial e-commerce portal program.

Sec. 892. Report and database on items manufactured in the United States for major defense acquisition programs.

Sec. 893. Requirements relating to Selected Acquisition Reports.

Sec. 894. Contractor science, technology, engineering, and math programs.

Sec. 895. Extension of sunset relating to Federal Data Center Consolidation Initiative.

Sec. 896. Requirements relating to certain rail rolling stock procurements and operations.

Sec. 897. Prohibition on contracting with persons that have business operations with the Maduro regime.

Sec. 901. Update of authorities relating to nuclear command, control, and communications.

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.

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.

Sec. 931. United States Space Command.

Sec. 1001. General transfer authority.

Sec. 1002. Additional requirements for annual report and briefing on financial improvement and audit remediation plan.

Sec. 1003. Financial improvement and audit remediation plan.

Sec. 1004. Reporting requirements relating to Department of Defense audits.

Sec. 1005. Annual budget justification display for service-common and other support and enabling capabilities for special operations forces.

Sec. 1006. Determination of budgetary effects.

Sec. 1007. Independent public accountant audit of financial systems of the Department of Defense.

Sec. 1011. Modification of authority to provide support to other agencies for counterdrug activities and activities to counter transnational organized crime.

Sec. 1012. Technical correction and extension of reporting requirement regarding enhancement of information sharing and coordination of military training between Department of Homeland Security and Department of Defense.

Sec. 1013. Repeal of Secretary of Defense review of curricula and program structures of National Guard Counterdrug Schools.

Sec. 1021. Transportation by sea of supplies for the Armed Forces and Defense Agencies.

Sec. 1022. Use of National Defense Sealift Fund for procurement of two used vessels.

Sec. 1023. Formal schoolhouse training for shipboard system programs of record.

Sec. 1024. Report on shipbuilder training and the defense industrial base.

Sec. 1031. Extension of authority for joint task forces to provide support to law enforcement agencies conducting counter-terrorism activities.

Sec. 1032. Prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries.

Sec. 1033. Prohibition on use of funds for transfer to and detention of additional individuals, including United States citizens, at United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1034. Sense of Congress regarding the provision of medical care to individuals detained at United States Naval Station, Guantanamo Bay, Cuba.

Sec. 1035. Independent assessment on gender and countering violent extremism.

Sec. 1041. Scheduling of Department of Defense executive aircraft controlled by Secretaries of military departments.

Sec. 1042. Explosive ordnance defense disposal program.

Sec. 1043. Notification on the provision of defense sensitive support.

Sec. 1044. Modification and technical correction of authority for deployment of members of the Armed Forces to the southern land border of the United States.

Sec. 1045. Limitation on use of funds for the inactivation of Army watercraft units.

Sec. 1046. Prohibition on use of funds for construction of a wall, fence, or other physical barrier along the southern border of the United States.

Sec. 1047. Expenditure of funds for Department of Defense intelligence and counterintelligence activities.

Sec. 1048. Limitation on use of funds to house children separated from parents.

Sec. 1049. Limitation on use of funds for providing housing for unaccompanied alien children.

Sec. 1051. Short title.

Sec. 1052. Report on operational concepts and plans regarding strategic competitors.

Sec. 1053. Actions to increase analytic support.

Sec. 1054. Definitions.

Sec. 1061. Report on transfers of equipment to prohibited entities.

Sec. 1062. Elimination of requirement to submit reports to Congress in paper format.

Sec. 1063. Modification of annual report on civilian casualties in connection with United States military operations.

Sec. 1064. Inclusion of certain individuals investigated by Inspectors General in the semiannual report.

Sec. 1065. Annual report on Joint Military Information Support Operations Web Operations Center.

Sec. 1066. Mobility capability requirements study.

Sec. 1067. Assessment of special operations force structure.

Sec. 1068. Army aviation strategic plan and modernization roadmap.

Sec. 1069. Report on ground-based long-range artillery to counter land and maritime threats.

Sec. 1070. Independent review of transportation working-capital fund.

Sec. 1071. Geographic command risk assessment of proposed use of certain aircraft capabilities.

Sec. 1072. Annual report on strikes undertaken by the United States against terrorist targets outside areas of active hostilities.

Sec. 1073. Termination of requirement for submittal to Congress of certain recurring reports.

Sec. 1074. Report on operational concepts and plans regarding strategic competitors.

Sec. 1081. Technical, conforming, and clerical amendments.

Sec. 1082. Submission to Congress of Department of Defense execute orders.

Sec. 1083. Extension of National Security Commission on Artificial Intelligence.

Sec. 1084. National Commission on Military Aviation Safety.

Sec. 1085. Extension of postage stamp for breast cancer research.

Sec. 1086. Processes and procedures for notifications regarding special operations forces.

Sec. 1087. Assessment of standards, processes, procedures, and policy relating to civilian casualties.

Sec. 1088. Disposal of IPv4 addresses.

Sec. 1089. Securing American science and technology.

Sec. 1090. Standardized policy guidance for calculating aircraft operation and sustainment costs.

Sec. 1091. Special Federal Aviation Regulation Working Group.

Sec. 1101. Defense Advanced Research Projects Agency personnel management authority.

Sec. 1102. Modification of probationary period for certain Department of Defense employees.

Sec. 1103. Civilian personnel management.

Sec. 1104. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone.

Sec. 1105. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for federal civilian employees working overseas.

Sec. 1106. Performance of civilian functions by military personnel.

Sec. 1107. Extension of direct hire authority for domestic industrial base facilities and Major Range and Test Facilities Base.

Sec. 1108. Authority to provide additional allowances and benefits for certain Defense Clandestine Service employees.

Sec. 1109. Prohibited personnel practices.

Sec. 1110. Enhancement of antidiscrimination protections for Federal employees.

Sec. 1111. Modification of direct hire authorities for the Department of Defense.

Sec. 1112. Permitted disclosures by whistleblowers.

Sec. 1201. Modification of authority to build capacity of foreign security forces.

Sec. 1202. Modification and extension of cross servicing agreements for loan of personnel protection and personnel survivability equipment in coalition operations.

Sec. 1203. Modification of quarterly report on obligation and expenditure of funds for security cooperation programs and activities.

Sec. 1204. Integration of gender perspectives and meaningful participation by women in security cooperation authorities.

Sec. 1211. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations.

Sec. 1212. Modification and Extension of Afghan Special Immigrant Visa Program.

Sec. 1213. Extension of authority to transfer defense articles and provide defense services to the military and security forces of Afghanistan.

Sec. 1214. Extension and modification of authority to acquire products and services produced in countries along a major route of supply to Afghanistan.

Sec. 1215. Authority for certain payments to redress injury and loss in Afghanistan, Iraq, Syria, Somalia, Libya, and Yemen.

Sec. 1216. Extension of semiannual report on enhancing security and stability in Afghanistan.

Sec. 1221. Modification of authority to provide assistance to counter the Islamic State of Iraq and Syria.

Sec. 1222. Extension and modification of authority to provide assistance to the vetted Syrian opposition.

Sec. 1223. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq.

Sec. 1224. Prohibition on provision of weapons and other forms of support to certain organizations.

Sec. 1225. Rule of construction relating to use of military force against Iran.

Sec. 1226. Sense of Congress on support for Ministry of Peshmerga forces of the Kurdistan Region of Iraq.

Sec. 1231. Prohibition on the use of funds to suspend, terminate, or withdraw the United States from the Open Skies Treaty.

Sec. 1232. Extension of limitation on military cooperation between the United States and Russia.

Sec. 1233. Prohibition on availability of funds relating to sovereignty of Russia over Crimea.

Sec. 1234. Modification and extension of Ukraine Security Assistance Initiative.

Sec. 1235. Report on treaties relating to nuclear arms control.

Sec. 1236. Sense of Congress on updating and modernizing existing agreements to avert miscalculation between the United States and Russia.

Sec. 1237. Sense of Congress on support for Georgia.

Sec. 1238. Sense of Congress on support for Estonia, Latvia, and Lithuania.

Sec. 1241. Modification of Indo-Pacific Maritime Security Initiative.

Sec. 1242. Extension and modification of report on military and security developments involving North Korea.

Sec. 1243. Limitation on use of funds to reduce the total number of members of the Armed Forces serving on active duty who are deployed to South Korea.

Sec. 1244. Report on direct, indirect, and burden-sharing contributions of Japan and South Korea.

Sec. 1245. Report on strategy on the Philippines.

Sec. 1246. Modification of annual report on military and security developments involving the People’s Republic of China.

Sec. 1247. Modification of annual report on military and security developments involving the People’s Republic of China.

Sec. 1248. Sense of Congress on Taiwan.

Sec. 1249. Enhancing defense cooperation with Singapore.

Sec. 1251. Extension and modification of NATO Special Operations Headquarters.

Sec. 1252. Modification and extension of future years plan and planning transparency for the European Deterrence Initiative.

Sec. 1253. Protection of European Deterrence Initiative funds from diversion for other purposes.

Sec. 1254. Statement of policy on United States military investment in Europe.

Sec. 1255. Limitation on transfer of F–35 aircraft to Turkey.

Sec. 1256. Report on value of investments in dual use infrastructure projects by NATO member states.

Sec. 1257. Sense of Congress on support for Poland.

Sec. 1261. Sense of Congress on United States partners and allies.

Sec. 1262. Modification to report on legal and policy frameworks for the use of military force.

Sec. 1263. Limitation on availability of certain funds until report submitted on Department of Defense awards and disciplinary action as a result of the 2017 incident in Niger.

Sec. 1264. Independent assessment of sufficiency of resources available to United States Southern Command and United States Africa Command.

Sec. 1265. Rule of construction relating to use of military force.

Sec. 1266. Rule of construction relating to use of military force against Venezuela.

Sec. 1267. Sense of Congress on acquisition by Turkey of Patriot system.

Sec. 1271. Findings.

Sec. 1272. Sense of Congress.

Sec. 1273. Defense assessment.

Sec. 1274. Appropriate congressional committees defined.

Sec. 1301. Funding allocations.

Sec. 1302. Specification of cooperative threat reduction funds.

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.

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.

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.

Sec. 1511. Treatment as additional authorizations.

Sec. 1512. Special transfer authority.

Sec. 1521. Afghanistan Security Forces Fund.

Sec. 1601. National Security Space Launch program.

Sec. 1602. Preparation to implement plan for use of allied launch vehicles.

Sec. 1603. Annual determination on plan on full integration and exploitation of overhead persistent infrared capability.

Sec. 1604. Space-based environmental monitoring mission requirements.

Sec. 1605. Prototype program for multi-global navigation satellite system receiver development.

Sec. 1606. Commercial space situational awareness capabilities.

Sec. 1607. Independent study on plan for deterrence in space.

Sec. 1608. Resilient enterprise ground architecture.

Sec. 1611. Modifications to ISR Integration Council and annual briefing requirements.

Sec. 1612. Survey and report on alignment of intelligence collections capabilities and activities with Department of Defense requirements.

Sec. 1613. Modification of annual authorization of appropriations for National Flagship Language Initiative.

Sec. 1621. Notification requirements for sensitive military cyber operations.

Sec. 1622. Quarterly cyber operations briefings.

Sec. 1623. Cyber posture review.

Sec. 1624. Tier 1 exercise of support to civil authorities for a cyber incident.

Sec. 1625. Evaluation of cyber vulnerabilities of major weapon systems of the Department of Defense.

Sec. 1626. Extension of the Cyberspace Solarium Commission.

Sec. 1627. Authority to use operation and maintenance funds for cyber operations-peculiar capability development projects.

Sec. 1628. Notification of delegation of authorities to the Secretary of Defense for military operations in cyberspace.

Sec. 1629. Limitation of funding for Consolidated Afloat Networks and Enterprise Services.

Sec. 1630. Annual military cyberspace operations report.

Sec. 1631. Report on synchronization of efforts relating to cybersecurity in the Defense Industrial Base.

Sec. 1632. Briefings on the status of the National Security Agency and United States Cyber Command partnership.

Sec. 1641. Improvement to annual report on the modernization of the nuclear weapons enterprise.

Sec. 1642. Briefings on meetings held by the Nuclear Weapons Council.

Sec. 1643. Elimination of conventional requirement for long-range standoff weapon.

Sec. 1644. Extension of annual briefing on the costs of forward-deploying nuclear weapons in Europe.

Sec. 1645. Ten-year extension of prohibition on availability of funds for mobile variant of ground-based strategic deterrent missile.

Sec. 1646. Prohibition on availability of funds for deployment of low-yield ballistic missile warhead.

Sec. 1647. Report on military-to-military dialogue to reduce the risk of miscalculation leading to nuclear war.

Sec. 1648. Plan on nuclear command, control, and communications systems.

Sec. 1649. Independent study on policy of no-first-use of nuclear weapons.

Sec. 1650. Independent study on risks of nuclear terrorism and nuclear war.

Sec. 1661. National missile defense policy.

Sec. 1662. Development of hypersonic and ballistic missile tracking space sensor payload.

Sec. 1663. Requirement for testing of redesigned kill vehicle prior to production.

Sec. 1664. Development of space-based ballistic missile intercept layer.

Sec. 1665. Organization, authorities, and billets of the Missile Defense Agency.

Sec. 1666. Missile defense interceptor site in contiguous United States.

Sec. 1667. Missile defense radar in Hawaii.

Sec. 1668. Limitation on availability of funds for lower tier air and missile sensor.

Sec. 1669. Command and control, battle management, and communications program.

Sec. 1670. Annual assessment of ballistic missile defense system.

Sec. 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.

Sec. 2001. Short title.

Sec. 2002. Expiration of authorizations and amounts required to be specified by law.

Sec. 2003. Effective date.

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.

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.

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.

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.

Sec. 2501. Authorized NATO construction and land acquisition projects.

Sec. 2502. Authorization of appropriations, NATO.

Sec. 2511. Republic of Korea funded construction projects.

Sec. 2601. Authorized Army National Guard construction and land acquisition projects.

Sec. 2602. Authorized Army Reserve construction and land acquisition projects.

Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.

Sec. 2604. Authorized Air National Guard construction and land acquisition projects.

Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.

Sec. 2606. Authorization of appropriations, National Guard and Reserve.

Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense base closure account.

Sec. 2801. Prohibition on use of military construction funds for construction of a wall, fence, or other physical barrier along the southern border of the United States.

Sec. 2802. Modification and clarification of construction authority in the event of a declaration of war or national emergency.

Sec. 2803. Inclusion of information regarding military installation resilience in master plans for major military installations.

Sec. 2804. Improved consultation with tribal governments when proposed military construction projects potentially impact Indian tribes.

Sec. 2805. Amendment of Unified Facilities Criteria to promote military installation resilience, energy resilience, energy and climate resiliency, and cyber resilience.

Sec. 2806. Modification to Department of Defense Form 1391 regarding consideration of potential long-term adverse environmental effects.

Sec. 2811. Enhanced protections for members of the Armed Forces and their dependents residing in privatized military housing units.

Sec. 2812. Prohibition on use of nondisclosure agreements in connection with leases of military housing constructed or acquired using alternative authority for acquisition and improvement of military housing.

Sec. 2813. Authority to furnish certain services in connection with use of alternative authority for acquisition and improvement of military housing.

Sec. 2814. Modification to requirements for window fall prevention devices in military family housing units.

Sec. 2815. Assessment of hazards in Department of Defense housing.

Sec. 2816. Development of process to identify and address environmental health hazards in Department of Defense housing.

Sec. 2817.  Report on civilian personnel shortages for appropriate oversight of management of military housing constructed or acquired using alternative authority for acquisition and improvement of military housing.

Sec. 2818. Inspector General review of Department of Defense oversight of privatized military housing.

Sec. 2819. Department of Defense inspection authority regarding privatized military housing.

Sec. 2820. Improvement of privatized military housing.

Sec. 2831. Improved energy security for main operating bases in Europe.

Sec. 2832. Access to Department of Defense facilities for credentialed transportation workers.

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.

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.

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.

Sec. 2871. Installation and maintenance of fire extinguishers in Department of Defense facilities.

Sec. 2872. Definition of community infrastructure for purposes of military base reuse studies and community planning assistance.

Sec. 2873. Report on vulnerabilities from sea level rise to certain military installations located outside the continental United States.

Sec. 2874. Black start exercises at Joint Bases.

Sec. 2901. Authorized Army construction and land acquisition projects.

Sec. 2902. Authorized Navy construction and land acquisition projects.

Sec. 2903. Authorized Air Force construction and land acquisition projects.

Sec. 2904. Authorized defense agencies construction and land acquisition projects.

Sec. 2905. Authorization of appropriations.

Sec. 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.

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental cleanup.

Sec. 3103. Other defense activities.

Sec. 3104. Nuclear energy.

Sec. 3111. Personnel levels of the Office of the Administrator for Nuclear Security.

Sec. 3112. Office of Cost Estimating and Program Evaluation.

Sec. 3113. Clarification of certain Stockpile Responsiveness Program objectives.

Sec. 3114. Modification to plutonium pit production capacity.

Sec. 3115. Annual certification of shipments to Waste Isolation Pilot Plant.

Sec. 3116. Repeal of limitation on availability of funds for acceleration of nuclear weapons dismantlement.

Sec. 3117. Elimination of limitation on availability of funds relating to submission of annual reports on unfunded priorities.

Sec. 3118. Program for research and development of advanced naval nuclear fuel system based on low-enriched uranium.

Sec. 3119. Replacement of W78 warhead.

Sec. 3120. National Laboratory Jobs Access Program.

Sec. 3201. Authorization.

Sec. 3202. Improvements to Defense Nuclear Facilities Safety Board.

Sec. 3401. Authorization of appropriations.

Sec. 3501. Authorization of the Maritime Administration.

Sec. 3502. Reauthorization of Maritime Security Program.

Sec. 3503. Maritime Occupational Safety and Health Advisory Committee.

Sec. 3511. Tanker Security Fleet.

Sec. 4001. Authorization of amounts in funding tables.

Sec. 4101. Procurement.

Sec. 4102. Procurement for overseas contingency operations.

Sec. 4201. Research, development, test, and evaluation.

Sec. 4202. Research, development, test, and evaluation for overseas contingency operations.

Sec. 4301. Operation and maintenance.

Sec. 4302. Operation and maintenance for overseas contingency operations.

Sec. 4401. Military personnel.

Sec. 4402. Military personnel for overseas contingency operations.

Sec. 4501. Other authorizations.

Sec. 4502. Other authorizations for overseas contingency operations.

Sec. 4601. Military construction.

Sec. 4602. Military construction for overseas contingency operations.

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.

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.

SEC. 111. Modification of annual report on cost targets for certain aircraft carriers.

Section 126(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2035) is amended—

(1) in the subsection heading, by striking “and CVN–80” and inserting “, CVN–80, and CVN–81”;

(2) in paragraph (1), by striking “costs described in subsection (b) for the CVN–79 and CVN–80” and inserting “cost targets for the CVN–79, the CVN–80, and the CVN–81”; and

(3) in paragraph (2)—

(A) in the matter preceding subparagraph (A), by striking “ and the CVN–80” and inserting “, the CVN–80, and the CVN–81”

(B) in subparagraph (A), by striking “costs described in subsection (b)” and inserting “cost targets”;

(C) in subparagraph (F), by striking “costs specified in subsection (b)” and inserting “cost targets”; and

(D) in subparagraph (G), by striking “costs specified in subsection (b)” and inserting “cost targets”.

SEC. 112. Repeal of requirement to adhere to Navy cost estimates for certain aircraft carriers.

Section 122 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2104), as most recently amended by section 121(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1309), is repealed.

SEC. 113. Ford class aircraft carrier support for F–35C aircraft.

Before accepting delivery of the Ford class aircraft carrier designated CVN–79, the Secretary of the Navy shall ensure that the aircraft carrier is capable of operating and deploying with the F–35C aircraft.

SEC. 114. Prohibition on use of funds for reduction of aircraft carrier force structure.

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Department of Defense may be obligated or expended to reduce the number of operational aircraft carriers of the Navy below the number specified in section 8062(b) of title 10, United States Code.

SEC. 115. Design and construction of amphibious transport dock designated LPD–31.

(a) In general.—Using funds authorized to be appropriated for the Department of Defense for Shipbuilding and Conversion, Navy, the Secretary of the Navy may enter into a contract, beginning with the fiscal year 2020 program year, for the design and construction of the amphibious transport dock designated LPD–31.

(b) Use of incremental funding.—With respect to the contract entered into under subsection (a), the Secretary may use incremental funding to make payments under the contract.

(c) Condition for out-year contract payments.—The contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under such contract for any fiscal year after fiscal year 2020 is subject to the availability of appropriations for that purpose for such later fiscal year.

SEC. 116. Limitation on availability of funds pending quarterly updates on the CH–53K King Stallion helicopter program.

(a) Limitation.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for aircraft procurement, Navy, for the CH–53K King Stallion helicopter program, not more than 50 percent may be obligated or expended until a period of 30 days has elapsed following the date on which the Secretary of the Navy provides the first briefing required under subsection (b).

(b) Quarterly briefings required.—

(1) IN GENERAL.—Beginning not later than October 1, 2019, and on a quarterly basis thereafter through October 1, 2022, the Secretary of the Navy shall provide to the Committee on Armed Services of the House of Representatives a briefing on the progress of the CH–53K King Stallion helicopter program.

(2) ELEMENTS.—Each briefing under paragraph (1) shall include, with respect to the CH–53K King Stallion helicopter program, the following:

(A) An overview of the program schedule.

(B) A statement of the total cost of the program as of the date of the briefing, including the costs of development, testing, and production.

(C) A comparison of the total cost of the program relative to the approved acquisition program baseline.

(D) An assessment of flight testing under the program, including identification of the number of test events have been conducted on-time in accordance with the joint integrated program schedule.

(E) An update on the correction of technical deficiencies under the program, including—

(i) identification of the technical deficiencies that have been corrected as of the date of the briefing;

(ii) identification of the technical deficiencies that have been discovered, but not corrected, as of such date;

(iii) an estimate of the total cost of correcting technical deficiencies under the program; and

(iv) an explanation of any significant deviations from the testing and program schedule that are anticipated due to the discovery and correction of technical deficiencies.

SEC. 117. Limitation on availability of funds for VH–92A helicopter.

(a) Limitation.—Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for procurement for the VH–92A helicopter, not more than 75 percent may be obligated or expended until the date on which the Secretary of Navy submits to the Committee on Armed Services of the House of Representatives the report required under subsection (b).

(b) Report required.—The Secretary of the Navy shall submit to the Committee on Armed Services of the House of Representatives a report assessing the status of the VH–92A helicopter program industrial base and the potential impact of proposed manufacturing base changes on the acquisition program. The report shall include a description of—

(1) estimated effects on the manufacturing readiness level of the VH–92 program due to planned changes to the program manufacturing base;

(2) the estimated costs and assessment of cost risk to the program due to planned changes to the program manufacturing base;

(3) any estimated schedule impacts, including impacts on delivery dates for the remaining low-rate initial production lots and full rate production, resulting from changes to the manufacturing base;

(4) an assessment of the effect of changes to the manufacturing base on VH–92A sustainment; and

(5) the impact of such changes on production and sustainment capacity for the MH–60 and CH–53K helicopters of the Navy.

SEC. 118. National Defense Reserve Fleet Vessel.

(a) In general.—Subject to the availability of appropriations, the Secretary of the Navy, acting through the executive agent described in subsection (e), shall seek to enter into a contract for the construction of one sealift vessel for the National Defense Reserve Fleet.

(b) Delivery date.—The contract entered into under subsection (a) shall specify a delivery date for the sealift vessel of not later than September 30, 2026.

(c) Design and construction requirements.—

(1) USE OF EXISTING DESIGN.—The design of the sealift vessel shall be based on a domestic or foreign design that exists as of the date of the enactment of this Act.

(2) COMMERCIAL STANDARDS AND PRACTICES.—Subject to paragraph (1), the sealift vessel shall be constructed using commercial design standards and commercial construction practices that are consistent with the best interests of the Federal Government.

(3) DOMESTIC SHIPYARD.—The sealift vessel shall be constructed in a shipyard that is located in the United States.

(d) Certificate and endorsement.—The sealift vessel shall meet the requirements necessary to receive a certificate of documentation and a coastwise endorsement under chapter 121 of tile 46, United States Code, and the Secretary of the Navy shall ensure that the completed vessel receives such a certificate and endorsement.

(e) Executive agent.—

(1) IN GENERAL.—The Secretary of the Navy shall seek to enter into a contract or other agreement with a private-sector entity under which the entity shall act as executive agent for the Secretary for purposes of the contract under subsection (a).

(2) RESPONSIBILITIES.—The executive agent described in paragraph (1) shall be responsible for—

(A) selecting a shipyard for the construction of the sealift vessel;

(B) managing and overseeing the construction of the sealift vessel; and

(C) such other matters as the Secretary of the Navy determines to be appropriate

(f) Use of incremental funding.—With respect to the contract entered into under subsection (a), the Secretary of the Navy may use incremental funding to make payments under the contract.

(g) Sealift vessel defined.—In this section, the term “sealift vessel” means the sealift vessel constructed for the National Defense Reserve Fleet pursuant to the contract entered into under subsection (a).

SEC. 121. Modification of requirement to preserve certain C–5 aircraft.

Section 141(d) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1661) is amended—

(1) in paragraph (1), by striking “until the date that is 30 days after the date on which the briefing under section 144(b) of the National Defense Authorization Act for Fiscal Year 2018 is provided to the congressional defense committees”; and

(2) in paragraph (2)(A), by striking “can be returned to service” and inserting “is inducted into or maintained in type 1000 recallable storage”.

SEC. 122. Modification of limitation on use of funds for KC–46A aircraft.

Section 146(a)(1) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended by striking “the military type certification” and inserting “either the military type certification or a military flight release”.

SEC. 123. F–15EX aircraft program.

(a) Designation of major subprogram.—In accordance with section 2430a of title 10, United States Code, the Secretary of Defense shall designate the F–15EX program as a major subprogram of the F–15 aircraft program.

(b) Limitation.—Except as provided in subsection (c), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Air Force may be obligated or expended to procure an F–15EX aircraft until a period of 30 days has elapsed following the date on which the Secretary of the Air Force submits to the congressional defense committees the following documentation relating to the F–15EX program:

(1) A program acquisition strategy.

(2) An acquisition program baseline.

(3) A test and evaluation master plan.

(4) A life-cycle sustainment plan.

(5) A post-production fielding strategy.

(c) Exception for production of prototypes.—

(1) IN GENERAL.—Notwithstanding subsection (b), the Secretary of the Air Force may use the funds described in paragraph (2) to develop, produce, and test not more than two prototypes of the F–15EX aircraft.

(2) FUNDS DESCRIBED.—The funds described in this paragraph are funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Air Force for any of the following:

(A) Research and development, nonrecurring engineering.

(B) Aircraft procurement.

(d) F–15EX program defined.—In this section, the term “F–15EX program” means the F–15EX aircraft program of the Air Force as described in the materials submitted to Congress by the Secretary of Defense in support of the budget of the President for fiscal year 2020 (as submitted to Congress under section 1105(a) of title 31, United States Code).

SEC. 124. Prohibition on availability of funds for reduction in KC–10 primary mission aircraft inventory.

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Air Force may be obligated or expended to reduce the number of KC–10 aircraft in the primary mission aircraft inventory of the Air Force.

SEC. 125. Limitation on availability of funds for VC–25B aircraft.

(a) Limitation.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 or any subsequent fiscal year for the Air Force may be obligated or expended to carry out over-and-above work on the VC–25B aircraft until the date on which the Secretary of the Air Force certifies to the congressional defense committees that—

(1) with respect to work relating to aircraft paint scheme, interiors and livery, such work will not result in changes to the VC–25B aircraft that cause the aircraft to exceed—

(A) the specification requirements applicable to the VC–25A aircraft; or

(B) the quality or grade of the VC–25A aircraft;

(2) the livery for the VC–25B aircraft will comply with the criteria set forth in the report of the Boeing Company titled “Phase II Aircraft Livery and Paint Study Final Report” as submitted to the Federal Government in April 2017;

(3) such work is not a result of late design changes made by the Federal Government to the interior design of the VC–25B aircraft; and

(4) such work is not a result of rework that exceeds the criteria set forth in the report of the Boeing Company titled “Presidential Quality Interior Acceptance Standards Report” as submitted to the Federal Government in September 2018.

(b) Over-and-above work defined.—In this section, the term “over-and-above work” means work discovered during the course of performing overhaul, maintenance, or repair efforts that—

(1) is within the general scope of the contract pursuant to which such efforts are carried out;

(2) is not covered by a line item for the basic work under the contract; and

(3) is necessary in order to satisfactorily complete the contract.

SEC. 126. Limitation on availability of funds for retirement of RC–135 aircraft.

(a) Limitation.—Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2020 for the Air Force may be obligated or expended to retire, or prepare to retire, any RC–135 aircraft until a period of 60 days has elapsed following the date on which the Secretary of Defense certifies to the congressional defense committees that—

(1) technologies other than the RC–135 aircraft provide capacity and capabilities equivalent to the capacity and capabilities of the RC–135 aircraft; and

(2) the capacity and capabilities of such other technologies meet the requirements of combatant commanders with respect to indications and warning, intelligence preparation of the operational environment, and direct support for kinetic and nonkinetic operations.

(b) Exception.—The limitation in subsection (a) shall not apply to individual RC–135 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of mishaps, other damage, or being uneconomical to repair.

SEC. 127. Report on aircraft fleet of the Civil Air Patrol.

(a) Report.—Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on the aircraft fleet of the Civil Air Patrol.

(b) Elements.—The report required by subsection (a) shall include an assessment of each of the following:

(1) Whether the number of aircraft, types of aircraft, and operating locations that comprise the Civil Air Patrol fleet are suitable for the missions and responsibilities assigned to the Civil Air Patrol, including—

(A) flight proficiency and training;

(B) operational mission training; and

(C) support for cadet orientation and cadet flight training programs in the Civil Air Patrol wing of each State.

(2) The ideal overall size of the Civil Air Patrol aircraft fleet, including a description of the factors used to determine that ideal size.

(3) The process used by the Civil Air Patrol and the Air Force to determine the number and location of aircraft operating locations and whether State Civil Air Patrol wing commanders are appropriately involved in that process.

(4) The process used by the Civil Air Patrol, the Air Force, and other relevant entities to determine the type and number of aircraft that are needed to support the emergency, operational, and training missions of the Civil Air Patrol.

SEC. 131. Economic order quantity contracting and buy-to-budget acquisition for F–35 aircraft program.

(a) Economic order quantity contract authority.—

(1) IN GENERAL.—Subject to paragraphs (2) through (5), from amounts made available for obligation under the F–35 aircraft program for fiscal year 2020, the Secretary of Defense may enter into one or more contracts, beginning with the fiscal year 2020 program year, for the procurement of economic order quantities of material and equipment that has completed formal hardware qualification testing for the F–35 aircraft program for use in procurement contracts to be awarded for such program during fiscal years 2021, 2022, and 2023.

(2) LIMITATION.—The total amount obligated under all contracts entered into under paragraph (1) shall not exceed $574,000,000.

(3) PRELIMINARY FINDINGS.—Before entering into a contract under paragraph (1), the Secretary of Defense shall make each of the following findings with respect to such contract:

(A) The use of such a contract will result in significant savings of the total anticipated costs of carrying out the program through annual contracts.

(B) The minimum need for the property to be procured is expected to remain substantially unchanged during the contemplated contract period in terms of production rate, procurement rate, and total quantities.

(C) There is a reasonable expectation that, throughout the contemplated contract period, the Secretary will request funding for the contract at the level required to avoid contract cancellation.

(D) That there is a stable, certified, and qualified design for the property to be procured and that the technical risks and redesign risks associated with such property are low.

(E) The estimates of both the cost of the contract and the anticipated cost avoidance through the use of an economic order quantity contract are realistic.

(F) Entering into the contract will promote the national security interests of the United States.

(4) CERTIFICATION REQUIREMENT.—Except as provided in paragraph (5), the Secretary of Defense may not enter into a contract under paragraph (1) until a period of 30 days has elapsed following the date on which the Secretary certifies to the congressional defense committees, in writing, that each of the following conditions is satisfied:

(A) A sufficient number of end items of the system being acquired under such contract have been delivered at or within the most recently available estimates of the program acquisition unit cost or procurement unit cost for such system to determine that the estimates of the unit costs are realistic.

(B) During the fiscal year in which such contract is to be awarded, sufficient funds will be available to perform the contract in such fiscal year, and the future-years defense program submitted to Congress under section 221 of title 10, United States Code, for that fiscal year will include the funding required to execute the program without cancellation.

(C) The contract is a fixed-price type contract.

(D) The proposed contract provides for production at not less than minimum economic rates given the existing tooling and facilities.

(E) The Secretary has determined that each of the conditions described in subparagraphs (A) through (F) of paragraph (3) will be met by such contract and has provided the basis for such determination to the congressional defense committees.

(F) The determination under subparagraph (E) was made after the completion of a cost analysis performed by the Director of Cost Assessment and Program Evaluation for the purpose of section 2334 of title 10, United States Code, and the analysis supports that determination.

(5) EXCEPTION.—Notwithstanding paragraph (4), the Secretary of Defense may enter into a contract under paragraph (1) on or after March 1, 2020, if—

(A) the Director of Cost Assessment and Program Evaluation has not completed a cost analysis of the preliminary findings made by the Secretary under paragraph (3) with respect to the contract;

(B) the Secretary certifies to the congressional defense committees, in writing, that each of the conditions described in subparagraphs (A) through (E) of paragraph (4) is satisfied; and

(C) a period of 30 days has elapsed following the date on which the Secretary submits the certification under subparagraph (B).

(b) Buy-to-budget acquisition.—Subject to section 2308 of title 10, United States Code, using funds authorized to be appropriated by this Act for the procurement of F–35 aircraft, the Secretary of Defense may procure a quantity of F–35 aircraft in excess of the quantity authorized by this Act if such additional procurement does not require additional funds to be authorized to be appropriated because of production efficiencies or other cost reductions.

SEC. 132. Program requirements for the F–35 aircraft program.

(a) Designation of major subprogram.—In accordance with section 2430a of title 10, United States Code, the Secretary of Defense shall designate F–35 Block 4 as a major subprogram of the F–35 aircraft program.

(b) Cost estimates.—

(1) JOINT COST ESTIMATE.—The Secretary of the Air Force and the Secretary of the Navy shall jointly develop a joint service cost estimate for the life-cycle costs of the F–35 aircraft program.

(2) INDEPENDENT COST ESTIMATE.—The Director of Cost Assessment and Program Evaluation shall develop an independent cost estimate for the life-cycle costs of the F–35 aircraft program.

(3) SUBMITTAL TO CONGRESS.—The cost estimates required under paragraphs (1) and (2) shall be submitted to the congressional defense committees not later than 180 days after the date of the enactment of this Act.

(c) Revision of program elements.—

(1) REVISION REQUIRED.—The Secretary of Defense shall revise the program elements applicable to the F–35 aircraft program as follows:

(A) RESEARCH AND DEVELOPMENT.—The program element for research and development costs (as that element was specified in the materials submitted to Congress by the Secretary of Defense in support of the budget of the President for fiscal year 2020 (as submitted to Congress under section 1105(a) of title 31, United States Code)) shall be separated into the following individual program elements:

(i) System development and demonstration closeout.

(ii) F–35 Block 4.

(iii) Autonomic logistics information system development and upgrades.

(iv) Dual-capable aircraft.

(v) Test infrastructure.

(vi) Additional program budget elements, as required, for each modernization or upgrade effort initiated after F–35 Block 4.

(B) PROCUREMENT.—The program element for procurement costs (as that element was specified in the materials submitted to Congress by the Secretary of Defense in support of the budget of the President for fiscal year 2020 (as submitted to Congress under section 1105(a) of title 31, United States Code)) shall be separated into the following individual program elements:

(i) Recurring fly-away and ancillary equipment.

(ii) Non-recurring fly-away and ancillary equipment.

(iii) F–35 Block 4.

(iv) Autonomic logistics information system.

(v) Dual-capable aircraft.

(vi) Engineering support.

(vii) Aircraft retrofit and modification.

(viii) Depot activation.

(ix) Initial spares.

(x) Production support.

(2) INCLUSION IN BUDGET MATERIALS.—The Secretary of Defense shall ensure that each revised program element described in paragraph (1) is included, with a specific dollar amount, in the materials relating to the F–35 aircraft program submitted to Congress by the Secretary of Defense in support of the budget of the President (as submitted to Congress under section 1105(a) of title 31, United States Code) for fiscal year 2021 and each fiscal year thereafter until the date on which the F–35 aircraft program terminates.

(d) Comptroller General reports.—

(1) ANNUAL REPORT REQUIRED.—Not later than 30 days after the date on which the budget of the President is submitted to Congress under section 1105(a) of title 31, United States Code, for each of fiscal years 2021 through 2025, the Comptroller General of the United States shall submit to the congressional defense committees a report on the F–35 aircraft program.

(2) ELEMENTS.—Each report under paragraph (1) shall include, with respect to the F–35 aircraft program, the following:

(A) An assessment of the progress of manufacturing processes improvement under the program.

(B) The business case analysis of the Department of Defense for F–35 Block 4 follow-on modernization efforts.

(C) The progress and results of F–35 Block 4 and other follow-on modernization development and testing efforts.

(D) The Department's schedule for delivering software upgrades in six-month, scheduled increments.

(E) The progress and results of any other significant hardware development and fielding efforts necessary for F–35 Block 4.

(F) Any other issues the Comptroller General determines to be appropriate.

(e) F–35 Block 4 defined.—In this section, the term “F–35 Block 4” means Block 4 capability upgrades for the F–35 aircraft program as described in the Selected Acquisition Report for the program submitted to Congress in March 2019, pursuant to section 2432 of title 10, United States Code.

SEC. 133. Reports on F–35 aircraft program.

(a) Report on F–35 reliability and maintainability metrics.—The Secretary of Defense shall submit to the congressional defense committees a report on the reliability and maintainability metrics for the F–35 aircraft. The report shall include the following:

(1) The results of a review and assessment, conducted by the program office for the F–35 aircraft program, of the reliability and maintainability metrics for the aircraft as set forth in the most recent operational requirements document for the program.

(2) A determination of whether the reliability and maintainability metrics for the aircraft, as set forth in the most recent operational requirements document for the program, are feasible and attainable, and what changes, if any, will be made to update the metrics.

(3) A certification that the program office for the F–35 aircraft program has revised the reliability and maintainability improvement plan for the aircraft—

(A) to identify specific and measurable reliability and maintainability objectives in the improvement plan guidance; and

(B) to identify and document which projects included in the improvement plan will achieve the objectives identified under subparagraph (A).

(b) Report on F–35 Block 4.—

(1) IN GENERAL.—The Secretary of Defense shall submit to the congressional defense committees a report on F–35 Block 4. The report shall include the following:

(A) The results of an independent cost estimate for F–35 Block 4 conducted by the Director of Cost Assessment and Program Evaluation.

(B) A test and evaluation master plan, approved by the Director of Operational Test and Evaluation, that addresses testing resources, testing aircraft shortfalls, and testing funding.

(C) A technology readiness assessment of all technologies and capabilities planned for F–35 Block 4 conducted by the Under Secretary of Defense for Research and Engineering.

(D) A review of the feasibility of the continuous capability development and delivery strategy for fielding F–35 Block 4 technologies conducted by the Under Secretary of Defense for Research and Engineering.

(2) F–35 BLOCK 4 DEFINED.—In this subsection, the term “F–35 Block 4” has the meaning given that term in section 132(e).

(c) Report on F–35 Autonomic Logistics Information System.—The Secretary of Defense shall submit to the congressional defense committees a report on the autonomic logistics information system of the F–35 aircraft. The report shall include a description of each of the following:

(1) All shortfalls, capability gaps, and deficiencies in the system that have been identified as of the date of the enactment of this Act.

(2) The strategy and performance requirements that will be implemented to improve the system.

(3) The strategy, implementation plan, schedule, and estimated costs of developing and fielding—

(A) the next generation of the system; or

(B) future increments of the system.

(d) Deadline for submittal.—The reports required under subsections (a) through (c) shall be submitted to the congressional defense committees not later than 180 days after the date of the enactment of this Act.

SEC. 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.

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:

§ 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.

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.

SEC. 301. Authorization of appropriations.

Funds are here by authorized to be appropriated for fiscal year 2020 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4301.

SEC. 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.

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:

§ 118. Material readiness metrics and objectives

“(a) Guidance.— (1) The Secretary of Defense shall issue and maintain guidance requiring the implementation and use of material readiness metrics to enable assessment of the readiness of armed forces to carry out the national defense strategy required by section 113 of this title.

“(2) Guidance issued pursuant to this section shall ensure that such material readiness metrics—

“(A) are based on standardized and consistent criteria; and

“(B) are applied, used, recorded, and reported in same manner by all components of the Department of Defense.

“(b) Metrics.—At a minimum, the material readiness metrics required by subsection (a) shall address the material availability, operational availability, and material reliability of each major weapon system by designated mission design series, variant, or class.

“(c) Material readiness objectives.— (1) The Secretary of Defense shall establish, and annually review and revise, an objective value for each metric required by subsection (b) as a necessary component to support the review and revision of the national defense strategy required by section 113 of this title.

“(2) To the maximum extent practicable, the Secretary shall ensure that objective values established under this subsection are unclassified.

“(d) Definitions.—In this section:

“(1) The term ‘major weapons system’ has the meaning given the term ‘major system’ under section 2302(5) of this title, except that such term does not include an acquisition program for a defense business system (as defined in section 2222(i)(1) of this title).

“(2) The term ‘material availability’ means the measure of the percentage of the total inventory of a system that is operationally capable of performing an assigned mission.

“(3) The term ‘material reliability’ means the probability that a covered asset will perform without failure over a specified interval.

“(4) The term ‘operational availability’ means the measure of the percentage of time a covered asset is operationally capable.”.

(2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 117 the following new item:


“118. Material readiness metrics and objectives.”.

(b) Conforming amendment.—Section 2337(b)(2)(A) of title 10, United States Code, is amended—

(1) by inserting “to meet the material readiness objectives” before “for the weapon system”; and

(2) by inserting “under section 118 of this title” after “weapon system”.

(c) Deadlines.—

(1) DEADLINE FOR GUIDANCE.—The guidance required by section 118(a) of title 10, United States Code, as added by subsection (a), shall be issued by not later than 180 days after the date of the enactment of this Act.

(2) DEADLINE FOR ESTABLISHMENT OF MATERIAL READINESS OBJECTIVES.—The material readiness objectives required by section 118(c)(1) of title 10, United States Code, as added by subsection (a), shall be established by not later than one year after the date of the enactment of this Act.

SEC. 332. Clarification of authority regarding use of working capital funds for unspecified minor military construction projects related to revitalization and recapitalization of defense industrial base facilities.

Section 2208(u) of title 10, United States Code, is amended—

(1) in paragraph (1), by striking “carry out” and inserting “fund”;

(2) in paragraph (2)—

(A) by striking “Section 2805” and inserting “(A) Except as provided in subparagraph (B), section 2805”;

(B) by striking “carried out with” and inserting “funded using”; and

(C) by adding at the end the following new subparagraph:

“(B) For purposes of applying subparagraph (A), the dollar limitation specified in subsection (a)(2) of section 2805 of this title, subject to adjustment as provided in subsection (f) of such section, shall apply rather than the dollar limitation specified in subsection (c) of such section.”; and

(3) in paragraph (4), by striking “carry out” and inserting “fund”.

SEC. 333. F–35 Joint Strike Fighter sustainment.

(a) Limitation on use of funds.—Of the amounts authorized to be appropriated or otherwise made available in this Act for the Office of the Under Secretary of Defense for Acquisition and Sustainment for fiscal year 2020, not more than 75 percent may be obligated or expended until the date on which the Under Secretary submits the report required by subsection (b).

(b) Report required.—The Under Secretary of Defense for Acquisition and Sustainment shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on steps being taken to improve the availability and accountability of F–35 parts within the supply chain. At a minimum, the report shall include a detailed plan for each of the following elements:

(1) How the accountable property system of record will be updated with information from the prime contractors supplying such parts on required cost and related data with respect to the parts and how the F–35 Program Office will ensure such contractors are adhering to contractual requirements for the management, reporting, visibility, and accountability of all such parts supplied by the prime contractors.

(2) How the accountability property system of record will have interfaces that allow the F–35 Program Office and other authorized entities to have proper accountability of assets in accordance with applicable Department of Defense Instructions, Department of Defense Manuals, and other applicable regulations.

(3) How the F–35 Program Office and the Secretary of each of the military departments will ensure business rules for the prioritization of F–35 parts across all program participants is sufficient, effective, and responsive.

(4) Steps being taken to ensure parts within the base, afloat, and deployment spares packages are compatible for deploying F–35 aircraft and account for updated parts demand.

SEC. 334. Report on strategic policy for prepositioned materiel and equipment.

(a) Report required.—Not later than March 1, 2020, the Assistant Secretary of Defense for Sustainment, in coordination with the Joint Staff, shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the implementation plan for prepositioned materiel and equipment required by section 321(b) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 730; 10 U.S.C. 2229 note). Such report shall include each of the following:

(1) A comprehensive list of the prepositioned materiel and equipment programs of the Department of Defense.

(2) A detailed description of how the plan will be implemented.

(3) A description of the resources required to implement the plan, including the amount of funds and personnel.

(4) A description of how the plan will be reviewed and assessed to monitor progress.

(5) Guidance on applying a consistent definition of prepositioning across the Department, including the military departments, the combatant commands, and the Defense Agencies.

(6) A detailed description of how the Secretary will implement a joint oversight approach of the prepositioning programs of the military departments.

(b) Limitation on use of funds.—Of the amounts authorized to be appropriated or otherwise made available in this Act for the Office of the Assistant Secretary of Defense for Sustainment for fiscal year 2020, not more than 75 percent may be obligated or expended until the date on which the Assistant Secretary submits the report required by subsection (a).

SEC. 335. Limitation on use of funds for implementation of elements of master plan for redevelopment of Former Ship Repair Facility in Guam.

(a) Limitation.—Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for the Navy for fiscal year 2020 may be obligated or expended for any construction, alteration, repair, or development of the real property consisting of the Former Ship Repair Facility in Guam.

(b) Exception.—The limitation under subsection (a) does not apply to any project that directly supports depot-level ship maintenance capabilities, including the mooring of a floating dry dock.

(c) Former Ship Repair Facility in Guam.—In this section, the term “Former Ship Repair Facility in Guam” means the property identified by that name under the base realignment and closure authority carried out under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note).

SEC. 341. Readiness reporting.

(a) Readiness reporting system.—Section 117 of title 10, United State Code, is amended—

(1) by striking subsections (d) through (g); and

(2) by redesignating subsection (h) as subsection (d).

(b) Quarterly reports.—Section 482 of title 10, United States Code, is amended—

(1) in the section heading, by striking “Quarterly reports: personnel and unit readiness” and inserting “Readiness reports”;

(2) in subsection (a)—

(A) In the subsection heading, by striking “ Quarterly Reports Required” and inserting “Reports and briefings”;

(B) In the first sentence—

(i) by striking “Not later” and inserting “(1) Not later”; and

(ii) by striking “each calendar-year quarter” and inserting “the second and fourth quarter of each calendar year”;

(C) by striking the second and third sentences and inserting “The Secretary of Defense shall submit each such report in writing and shall also submit a copy of each such report to the Chairman of the Joint Chiefs of Staff.”; and

(D) by adding at the end the following new paragraphs:

“(2) Not later than 30 days after the end of the first and third quarter of each calendar year, the Secretary of Defense shall provide to Congress a briefing regarding the military readiness of the active and reserve components.

“(3) Each report under this subsection shall contain the elements required by subsection (b) for the quarter covered by the report, and each briefing shall address any changes to the elements described in subsection (b) since the submittal of the most recently submitted report.”;

(3) by striking subsection (b) and inserting the following:

“(b) Required elements.—The elements described in this subsection are each of the following:

“(1) A description of each readiness problem or deficiency that affects the ground, sea, air, space, cyber, or special operations forces, and any other area determined appropriate by the Secretary of Defense.

“(2) The key contributing factors, indicators, and other relevant information related to each identified problem or deficiency.

“(3) The short-term mitigation strategy the Department will employ to address each readiness problem or deficiency until a resolution is in place, as well as the timeline, cost, and any legislative remedies required to support the resolution.

“(4) A summary of combat readiness ratings for the key force elements assessed, including specific information on personnel, supply, equipment, and training problems or deficiencies that affect the combat readiness ratings for each force element.

“(5) A summary of each upgrade or downgrade of the combat readiness of a unit that was issued by the commander of the unit, together with the rationale of the commander for the issuance of such upgrade or downgrade.

“(6) A summary of the readiness of supporting capabilities, including infrastructure, prepositioned equipment and supplies, and mobility assets, and other supporting logistics capabilities.

“(7) A summary of the readiness of the combat support and related agencies, any readiness problem or deficiency affecting any mission essential tasks of any such agency, and actions recommended to address any such problem or deficiency.

“(8) A list of all Class A, Class B, and Class C mishaps that occurred in operations related to combat support and training events involving aviation, ground, or naval platforms, weapons, space, or Government vehicles, as defined by Department of Defense Instruction 6055.07, or a successor instruction.

“(9) Information on the extent to which units of the armed forces have removed serviceable parts, supplies, or equipment from one vehicle, vessel, or aircraft in order to render a different vehicle, vessel, or aircraft operational.

“(10) Such other information as determined necessary or appropriate by the Secretary of Defense.”;

(4) by striking subsections (d) through (h) and subsection (j);

(5) by redesignating subsection (i) as subsection (e); and

(6) by inserting after subsection (c) the following new subsections (d):

“(d) Semi-Annual joint force readiness review.— (1) Not later than 30 days after the last day of the first and third quarter of each calendar year, the Chairman of the Joint Chiefs of Staff shall submit to Congress a written report on the capability of the armed forces, the combat support and related agencies, operational contract support, and the geographic and functional combatant commands to execute their wartime missions based upon their posture and readiness as of the time the review is conducted.

“(2) The Chairman shall produce the report required under this subsection using information derived from the quarterly reports required by subsection (a).

“(3) Each report required by this subsection shall include an assessment by each commander of a geographic or functional combatant command of the readiness of the command to conduct operations in a multidomain battle that integrates ground, sea, air, space, cyber, and special operations forces.

“(4) The Chairman shall submit to the Secretary of Defense a copy of each report under this subsection.”.

(c) Clerical amendment.—The table of sections at the beginning of chapter 23 of such title is amended by striking the item relating to section 482 and inserting the following new item:


“482. Readiness reports.”.

SEC. 342. Extension of deadline for transition from service-specific defense readiness reporting systems.

Section 358(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended by striking “October 1, 2019” and inserting “October 1, 2020”.

SEC. 343. Report on Navy ship depot maintenance budget.

(a) In general.—Not later than March 1 of each of 2020, 2021, and 2022, the Secretary of the Navy shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the Operation and Maintenance Ship Depot Maintenance budget sub-activity group.

(b) Elements.—The report required under subsection (a) shall include each of the following elements:

(1) A breakdown of funding, categorized by class of ship, requested for ship and submarine maintenance.

(2) A description of how the requested funding, categorized by class of ship, compares to the identified ship maintenance requirement.

(3) The amount of funds appropriated for each class of ship for the preceding fiscal year.

(4) The amount of funds obligated and expended for each class of ship for each of the three preceding fiscal years.

(5) The cost, categorized by class of ship, of unplanned growth work for each of the three preceding fiscal years.

SEC. 344. Report on Runit Dome.

(a) Report required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Energy, in coordination with the Administrator of the Environmental Protection Agency and Secretary of Defense, shall submit to the Committee on Energy and Commerce, the Committee on Natural Resources, and the Committee on Armed Services of the House of Representatives and the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate a report on the status of the Runit Dome in the Marshal Islands.

(b) Matters for inclusion.—The report required by subsection (a) shall include each of the following:

(1) A detailed plan to remove the radioactive materials in the dome to a safer and more stable location, including a predicted timeline and associated costs.

(2) A detailed plan to repair the dome to ensure that it does not have any harmful effects to the local population, environment, or wildlife, including the projected costs of implementing such plan.

(3) The effects on the environment that the dome has currently and is projected to have in 5 years, 10 years, and 20 years.

(4) An assessment on the safety of food gathered from local food sources.

(5) An assessment of the current condition of the outer constructs of the dome.

(6) An assessment of the current and long-term safety to local humans posed by the site.

(7) How climate change and rising sea levels are predicted to affect the dome, including a description of projected scenarios if the dome becomes partially or fully submerged by ocean water.

(8) A summary of interactions between the Government of the United States and the government of the Marshall Islands about the dome.

(9) A detailed description of the physical health effects on Pacific Islanders, including residents of Hawaii, Fuji, and Samoa, of nuclear testing conducted at Runit Dome.

(10) A detailed description of the pre- and post-nuclear test communications between the United States and the governments of the territories and nations of the Pacific Islands, including Hawaii, Fuji, and Samoa.

(c) Form of report.—The report required by subsection (a) shall be submitted in unclassified form and made publicly available.

SEC. 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.

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.”.

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.

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.

SEC. 501. Management policies for joint qualified officers.

Section 661(d)(3)(B) of title 10, United States Code, is amended in the third sentence by inserting “or a designee of the Chairman who is an officer of the armed forces in grade O-8 or higher” before the period.

SEC. 502. Grade of Chief of the Veterinary Corps of the Army.

Section 7084 of title 10, United States Code, is amended by adding at the end the following: “An officer appointed to that position who holds a lower grade shall be appointed in the grade of brigadier general.”

SEC. 503. Authority of promotion boards to recommend that officers of particular merit be placed higher on promotion list.

(a) In general.—Section 14108 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(f) Higher placement of officers of particular merit on promotion list.— (1) In selecting officers to be recommended for promotion, a promotion board may, when authorized by the Secretary concerned, recommend that officers of particular merit, from among those officers selected for promotion, be placed higher on the promotion list established by the Secretary under section 14308(a) of this title.

“(2) A promotion board may make a recommendation under paragraph (1) only if an officer receives the recommendation of—

“(A) a majority of the members of the promotion board; or

“(B) an alternative requirement established by the Secretary concerned and furnished to the promotion board as part of the guidelines under section 14107 of this title.

“(3) For officers who receive recommendations under paragraph (1), the board shall recommend the order in which those officers should be placed on the promotion list.”.

(b) Reports regarding recommendations that officers of particular merit be placed higher on promotion list.—Section 14109 of such title is amended by adding at the end the following new subsection:

“(d) Report of officers recommended for higher placement on promotion list.—A promotion board convened under section 14101(a) of this title shall, when authorized under section 14108(f) of this title, include in its report to the Secretary concerned—

“(1) the names of those officers the promotion board recommends be placed higher on the promotion list; and

“(2) the order in which the promotion board recommends those officers should be placed on the promotion list.”.

(c) Officers of particular merit appearing higher on promotion list.—Section 14308(a) of such title is amended in the first sentence by inserting “or based on particular merit, as determined by the promotion board” before the period.

SEC. 504. Availability on the internet of certain information about officers serving in general or flag officer grades.

(a) Availability required.—

(1) IN GENERAL.—The Secretary of each military department shall make available on an internet website of such department available to the public information specified in paragraph (2) on each officer in a general or flag officer grade under the jurisdiction of such Secretary, including any such officer on the reserve active-status list.

(2) INFORMATION.—The information on an officer specified by this paragraph to be made available pursuant to paragraph (1) is the information as follows:

(A) The officer's name.

(B) The officer’s current grade, duty position, command or organization, and location of assignment.

(C) A summary list of the officer’s past duty assignments while serving in a general or flag officer grade.

(b) Additional public notice on certain officers.—Whenever an officer in a grade of O–7 or above is assigned to a new billet or reassigned from a current billet, the Secretary of the military department having jurisdiction of such officer shall make available on an internet website of such department available to the public a notice of such assignment or reassignment.

(c) Limitation on withholding of certain information or notice.—

(1) LIMITATION.—The Secretary of a military department may not withhold the information or notice specified in subsections (a) and (b) from public availability pursuant to subsection (a), unless and until the Secretary notifies the Committees on Armed Services of the Senate and House of Representatives in writing of the information or notice that will be so withheld, together with justification for withholding the information or notice from public availability.

(2) LIMITED DURATION OF WITHHOLDING.—The Secretary concerned may withhold from the public under paragraph (1) information or notice on an officer only on the basis of individual risk or national security, and may continue to withhold such information or notice only for so long as the basis for withholding remains in force.

SEC. 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:

§ 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.

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:

§ 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.

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.

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.

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:

§ 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:

§ 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:

§ 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.

SEC. 561. Prohibition on gender-segregated training at Marine Corps Recruit Depots.

(a) Parris Island.—

(1) PROHIBITION.—Subject to paragraph (2), training at the Marine Corps Recruit Depot, Parris Island, South Carolina, may not be segregated based on gender.

(2) DEADLINE.—The Commandant of the Marine Corps shall carry out this subsection not later than five years after the date of the enactment of this Act.

(b) San Diego.—

(1) PROHIBITION.—Subject to paragraph (2), training at the Marine Corps Recruit Depot, San Diego, California, may not be segregated based on gender.

(2) DEADLINE.—The Commandant of the Marine Corps shall carry out this subsection not later than eight years after the date of the enactment of this Act.

SEC. 562. Medical personnel at Marine Corps Recruit Depots.

Not later than September 30, 2020, the Secretary of the Navy, in coordination with the Navy Medical Department, shall—

(1) assign personnel to the Marine Recruit Training Regiment at each Marine Corps Recruit Depot who—

(A) possess sufficient medical training and equipment to evaluate sick recruits; and

(B) is capable of determining whether a recruit requires emergent care; and

(2) ensure such personnel is available after business hours in order to advise personnel regarding the course of action for managing a sick recruit.

SEC. 563. Assessment of deaths of recruits under the jurisdiction of the Secretary of the Navy.

(a) Assessment.—The Inspector General of the Department of Defense shall conduct an assessment of the deaths of recruits at facilities under the jurisdiction of the Secretary of the Navy, and the effectiveness of the current medical protocols on the training bases.

(b) Report.—Not later than September 30, 2020, the Inspector General shall submit to the Committees on Armed Services of the Senate and the House of Representative a report containing the results of the assessment conducted under subsection (a). The report shall include the following:

(1) The number of recruits who died during basic training in the five years preceding the date of the report.

(2) The causes of deaths described in paragraph (1).

(3) The types of medical treatment that was provided to recruits described in paragraph (1).

(4) Whether any of the deaths identified under paragraph (1) were found to be a result of medical negligence.

(5) A description of medical capabilities and personnel available to the recruits at each facility.

(6) A description of medical resources accessible to the recruits at the company level at each facility.

(7) A description of 24-hour medical resources available to recruits at each facility.

(8) An evaluation of the guidelines and resources in place to monitor sick recruits.

(9) An evaluation of how supervisors evaluate and determine whether a sick recruit should continue training or further seek medical assistance.

(10) An evaluation of how the Secretary of the Navy can increase visibility of the comprehensive medical status of a sick recruit to instructors and supervisors in order to provide better situational awareness of the such medical status.

(11) An evaluation of how to improve and medical care for recruits.

SEC. 564. Inclusion of specific email address block on Certificate of Release or Discharge from Active Duty (DD Form 214).

(a) Modification required.—The Secretary of Defense shall modify the Certificate of Release or Discharge from Active Duty (DD Form 214) to include a specific block explicitly identified as the location in which a member of the Armed Forces may provide one or more email addresses by which the member may be contacted after discharge or release from active duty in the Armed Forces.

(b) Deadline for modification.—The Secretary of Defense shall release a revised Certificate of Release or Discharge from Active Duty (DD Form 214), modified as required by subsection (a), not later than one year after the date of the enactment of this Act.

SEC. 565. Machine readability and electronic transferability of Certificate of Release or Discharge from Active Duty (DD Form 214).

(a) Modification required.—The Secretary of Defense shall modify the Certificate of Release or Discharge from Active Duty (DD Form 214) to be machine readable and electronically transferable.

(b) Deadline for modification.—The Secretary of Defense shall release a revised Certificate of Release or Discharge from Active Duty (DD Form 214), modified pursuant to subsection (a), not later than four years after the date of the enactment of this Act.

(c) Report.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit a report to Congress regarding the following:

(1) What systems of the Department of Defense require an individual to manually enter information from DD Form 214.

(2) What activities of the Department of Defense require a veteran or former member of the Armed Forces to provide a physical copy of DD Form 214.

(3) The order of priority for modernizing items identified under paragraphs (1) and (2) as determined by the Secretary.

(4) The estimated cost, as determined by the Secretary, to automate items identified under paragraphs (1) and (2).

SEC. 566. Records of service for reserves.

(a) Establishment.—Not later than September 30, 2020, the Secretary of Defense shall establish and implement a standard record of service for members of the reserve components of the Armed Forces, similar to DD Form 214, that summarizes the record of service of each such member, including dates of active duty service.

(b) Coordination.—In carrying out this section, the Secretary of Defense shall coordinate with the Secretary of Veterans Affairs to ensure that the record established under this section is acceptable as proof of service for former members of the reserve components of the Armed Forces who are eligible for benefits under laws administered by the Secretary of Veterans Affairs to receive such benefits.

SEC. 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)).

SEC. 581. Expansion of Gold Star Lapel Button Eligibility to stepsiblings; free replacement.

(a) Eligibility of stepsiblings.—Subsection (d)(3) of section 1126 of title 10, United States Code, is amended by striking “and half sisters” and inserting “half sisters, stepbrothers, and stepsisters”.

(b) Free replacement.—Subsection (c) of such section is amended by striking “and payment of an amount sufficient to cover the cost of manufacture and distribution” and inserting “at no cost to that person”.

SEC. 582. Establishment of the Atomic Veterans Service Medal.

(a) Service medal required.—The Secretary of Defense shall design and produce a military service medal, to be known as the “Atomic Veterans Service Medal”, to honor retired and former members of the Armed Forces who are radiation-exposed veterans (as such term is defined in section 1112(c)(3) of title 38, United States Code).

(b) Distribution of medal.—

(1) ISSUANCE TO RETIRED AND FORMER MEMBERS.—At the request of a radiation-exposed veteran, the Secretary of Defense shall issue the Atomic Veterans Service Medal to the veteran.

(2) ISSUANCE TO NEXT-OF-KIN.—In the case of a radiation-exposed veteran who is deceased, the Secretary may provide for issuance of the Atomic Veterans Service Medal to the next-of-kin of the person.

(3) APPLICATION.—The Secretary shall prepare and disseminate as appropriate an application by which radiation-exposed veterans and their next-of-kin may apply to receive the Atomic Veterans Service Medal.

SEC. 583. Review of World War I valor medals.

(a) Review required.—Each Secretary concerned shall review the service records of each World War I veteran described in subsection (b) under the jurisdiction of such Secretary who is recommended for such review by the Valor Medals Review Task Force referred to in subsection (c), or another veterans service organization, in order to determine whether such veteran should be awarded the Medal of Honor for valor during World War I.

(b) Covered World War I veterans.—The World War I veterans whose service records are to be reviewed under subsection (a) are the following:

(1) Any African American war veteran, Asian American war veteran, Hispanic American war veteran, Jewish American war veteran, or Native American war veteran who was awarded the Distinguished Service Cross or the Navy Cross for an action that occurred between April 6, 1917, and November 11, 1918.

(2) Any African American war veteran, Asian American war veteran, Hispanic American war veteran, Jewish American war veteran, or Native American war veteran who was awarded the Croix de Guerre with Palm (that is, awarded at the Army level or above) by the Government of France for an action that occurred between April 6, 1917, and November 11, 1918.

(3) Any African American war veteran, Asian American war veteran, Hispanic American war veteran, Jewish American war veteran, or Native American war veteran who was recommended for a Medal of Honor for an action that occurred from April 6, 1917, to November 11, 1918, if the Department of Defense possesses or receives records relating to such recommendation.

(c) Consultations.—In carrying out the review under subsection (a), each Secretary concerned may consult with the Valor Medals Review Task Force, jointly established by the United States Foundation for the Commemoration of the World Wars (in consultation with the United States World War One Centennial Commission) and the George S. Robb Centre for the Study of the Great War, and with such other veterans service organizations as such Secretary determines appropriate, until the conclusion of the review.

(d) Recommendation based on review.—If a Secretary concerned determines, based upon the review under subsection (a), that the award of the Medal of Honor to a covered World War I veteran is warranted, such Secretary shall submit to the President a recommendation that the President award the Medal of Honor to that veteran.

(e) Authority to award Medal of Honor.—The Medal of Honor may be awarded to a World War I veteran in accordance with a recommendation of a Secretary concerned under subsection (d).

(f) Waiver of time limitations.—An award of the Medal of Honor may be made under subsection (e) without regard to—

(1) section 7274 or 8298 of title 10, United States Code, as applicable; and

(2) any regulation or other administrative restriction on—

(A) the time for awarding the Medal of Honor; or

(B) the awarding of the Medal of Honor for service for which a Distinguished Service Cross or Navy Cross has been awarded.

(g) Definitions.—

(1) IN GENERAL.—In this section:

(A) AFRICAN AMERICAN WAR VETERAN.—The term “African American war veteran” means any person who served in the United States Armed Forces between April 6, 1917, and November 11, 1918, and who identified himself as of African descent on his military personnel records.

(B) ASIAN AMERICAN WAR VETERAN.—The term “Asian American war veteran” means any person who served in the United States Armed Forces between April 6, 1917, and November 11, 1918, and who identified himself racially, nationally, or ethnically as originating from a country in Asia on his military personnel records.

(C) HISPANIC AMERICAN WAR VETERAN.—The term “Hispanic American war veteran” means any person who served in the United States Armed Forces between April 6, 1917, and November 11, 1918, and who identified himself racially, nationally, or ethnically as originating from a country where Spanish is an official language on his military personnel records.

(D) JEWISH AMERICAN WAR VETERAN.—The term “Jewish American war veteran” mean any person who served in the United States Armed Forces between April 6, 1917, and November 11, 1918, and who identified himself as Jewish on his military personnel records.

(E) NATIVE AMERICAN WAR VETERAN.—The term “Native American war veteran” means any person who served in the United States Armed Forces between April 6, 1917, and November 11, 1918, and who identified himself as a member of a federally recognized tribe within the modern territory of the United States on his military personnel records.

(F) SECRETARY CONCERNED.—The term “Secretary concerned” means—

(i) the Secretary of the Army, in the case of members of the Armed Forces who served in the Army between April 6, 1917, and November 11, 1918; and

(ii) the Secretary of the Navy, in the case of members of the Armed Forces who served in the Navy or the Marine Corps between April 6, 1917, and November 11, 1918.

(2) APPLICATION OF DEFINITIONS OF ORIGIN.—If the military personnel records of a person do not reflect the person’s membership in one of the groups identified in subparagraphs (B) through (F) of paragraph (1) but historical evidence exists that demonstrates the person’s Jewish faith held at the time of service, or that the person identified himself as of African, Asian, Hispanic, or Native American descent, the person may be treated as being a member of the applicable group by the Secretary concerned (in consultation with the organizations referred to in subsection (c)) for purposes of this section.

SEC. 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.

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:

§ 402b. Basic needs allowance for low-income regular members

“(a) Allowance required.— (1) Subject to paragraph (2), the Secretary of Defense shall pay to each covered member a basic needs allowance in the amount determined for such member under subsection (b).

“(2) In the event a household contains two or more covered members entitled to receive the allowance under this section in a given year, only one allowance may be paid for that year to a covered member among such covered members whom such covered members shall jointly elect.

“(b) Amount of allowance for a covered member.—

(1) The amount of the monthly allowance payable to a covered member under subsection (a) for a year shall be the aggregate amount equal to—

“(A) the aggregate amount equal to—

“(i) 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location and number of persons in the household of the covered member for such year; minus

“(ii) the gross household income of the covered member during the preceding year; and

“(B) divided by 12.

“(2) The monthly allowance payable to a covered member for a year shall be payable for each of the 12 months following March of such year.

“(c) Notice of eligibility.— (1) (A) Not later than December 31 each year, the Director of the Defense Finance and Accounting Service shall notify, in writing, each individual whom the Director estimates will be a covered member during the following year of the potential entitlement of that individual to the allowance described in subsection (a) for that following year.

“(B) The preliminary notice under subparagraph (A) shall include information regarding financial management and assistance programs administered by the Secretary of Defense for which a covered member is eligible.

“(2) Not later than January 31 each year, each individual who seeks to receive the allowance for such year (whether or not subject to a notice for such year under paragraph (1)) shall submit to the Director such information as the Director shall require for purposes of this section in order to determine whether or not such individual is a covered member for such year.

“(3) Not later than February 28 each year, the Director shall notify, in writing, each individual the Director determines to be a covered member for such year.

“(d) Election not To receive allowance.— (1) A covered member otherwise entitled to receive the allowance under subsection (a) for a year may elect, in writing, not to receive the allowance for such year. Any election under this subsection shall be effective only for the year for which made. Any election for a year under this subsection is irrevocable.

“(2) A covered member who does not submit information described in subsection (d)(2) for a year as otherwise required by that subsection shall be deemed to have elected not to receive the allowance for such year.

“(e) Definitions.—In this section:

“(1) The term ‘covered member’ means a regular member of the Army, Navy, Marine Corps, or Air Force—

“(A) who has completed initial entry training;

“(B) whose gross household income during the most recent year did not exceed an amount equal to 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location and number of persons in the household of the covered member for such year; and

“(C) who does not elect under subsection (d) not to receive the allowance for such year.

“(2) The term ‘gross household income’ of a covered member for a year for purposes of paragraph (1)(B) does not include any basic allowance for housing received by the covered member (and any dependents of the covered member in the household of the covered member) during such year under section 403 of this title.

“(f) Regulations.—The Secretary of Defense shall prescribe regulations for the administration of this section. Subject to subsection (e)(2), such regulations shall specify the income to be included in, and excluded from, the gross household income of individuals for purposes of this section.”.

(b) Clerical amendment.—The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 402a the following new item:


“402b. Basic needs allowance for low-income regular members.”.

SEC. 603. Temporary increase of rates of basic allowance for housing following determination that local civilian housing costs significantly exceed such rates.

Section 403(b) of title 37, United States Code, is amended by adding at the end the following new paragraph:

“(8) (A) The Secretary of Defense may prescribe a temporary increase in the current rates of basic allowance for housing for a military housing area or a portion thereof (in this paragraph, ‘BAH rates’) if the Secretary determines that the actual costs of adequate housing for civilians in that military housing area or portion thereof exceed the current BAH rates by more than 20 percent.

“(B) Any temporary increase in BAH rates under this paragraph shall remain in effect only until the effective date of the first adjustment of BAH rates for the affected military housing area that occurs after the date of the increase under this paragraph.

“(C) This paragraph shall cease to be effective on September 30, 2022.”.

SEC. 604. Basic allowance for housing for a member without dependents when relocation would financially disadvantage the member.

Section 403(o) of title 37, United States Code, is amended—

(1) by inserting “(1)” before “In”; and

(2) by adding at the end the following new paragraph:

“(2) (A) In the case of a member described in subparagraph (B), the member may be treated for the purposes of this section as if the unit to which the member is assigned did not undergo a change of home port or a change of permanent duty station if the Secretary concerned determines that it would be inequitable to base the member’s entitlement to, and amount of, a basic allowance for housing on the new home port or permanent duty station.

“(B) A member described in this subparagraph—

“(i) has no dependents;

“(ii) is assigned to a unit that undergoes a change of home port or a change of permanent duty station; and

“(iii) is in receipt of orders to return to the previous home port or duty station.”.

SEC. 605. Partial dislocation allowance.

(a) Current authority.—Section 477(f)(1) of title 37, United States Code, is amended by striking “family”.

(b) Future authority.—Section 452(c) of title 37, United States Code, is amended—

(1) by redesignating paragraph (3) as paragraph (4); and

(2) by inserting after paragraph (2) the following new paragraph (3):

“(3) (A) A partial dislocation allowance paid to a member ordered to occupy or vacate housing provided by the United States.

“(B) Beginning on January 1, 2022, the partial dislocation allowance under subparagraph (A) shall, subject to subparagraph (C), be equal in value to the allowance under section 477(f) of this title on December 31, 2021, as adjusted in regulations prescribed by the Secretary concerned under the authority established by that section.

“(C) Effective on the same date in 2022 and any subsequent year that the monthly rates of basic pay for all members are increased under section 1009 of this title or another provision of law, the Secretary of Defense shall adjust the rate of the partial dislocation allowance under this paragraph by the percentage equal to the average percentage increase in the rates of basic pay.”.

SEC. 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”.

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.”.

SEC. 631. GAO review of defense resale optimization study.

(a) Review.—The Comptroller General of the United States shall conduct a review of the business case analysis performed as part of the defense resale optimization study conducted by the Reform Management Group, titled “Study to Determine the Feasibility of Consolidation of the Defense Resale Entities” and dated December 4, 2018.

(b) Report required; elements.—Not later than April 1, 2020, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report regarding the review performed under this section. The report shall include evaluations of the following:

(1) The descriptions and justifications for the assumptions, analytical choices and data used by the Reform Management Group to calculate:

(A) Pricing.

(B) Sales assumptions.

(C) Accuracy of methods employed to measure patron savings levels.

(2) The timetable for consolidation of military exchanges and commissaries.

(3) The recommendations for consolidation developed as part of the business case analysis, including the overall cost of consolidation.

(4) The budget and oversight implications of merging non-appropriated funds and appropriated funds to implement the recommended reforms.

(5) The extent to which the Reform Management Group coordinated with the Secretaries of the military departments and the chiefs of the Armed Forces in preparing the study.

(6) The extent to which the Reform Management Group addressed concerns of the Secretaries of the military departments and the chiefs of the Armed Forces in the study.

(7) If the recommendations in the business case analysis were implemented—

(A) the ability of military exchanges and commissaries to provide earnings to support on-base morale, welfare, and recreation programs; and

(B) the financial viability of the military exchanges and commissaries.

(c) Delay on consolidation.—The Secretary of Defense may not take any action to consolidate military exchanges and commissaries until the Committees on Armed Services of the Senate and the House of Representatives notify the Secretary in writing of receipt and acceptance of the findings of the Comptroller General in the report required under this section.

SEC. 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:

§ 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)