[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1790 Enrolled Bill (ENR)]
S.1790
One Hundred Sixteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and nineteen
An Act
To authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 2020''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into four divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D--Funding Tables.
(5) Division E--Intelligence Authorizations for Fiscal Years
2018, 2019, and 2020.
(6) Division F--Other Matters.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization Of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Authority of the Secretary of the Army to waive certain
limitations related to the Distributed Common Ground System-
Army Increment 1.
Subtitle C--Navy Programs
Sec. 121. Ford-class aircraft carrier cost limitation baselines.
Sec. 122. Modification of annual report on cost targets for certain
aircraft carriers.
Sec. 123. Refueling and complex overhauls of the U.S.S. John C. Stennis
and U.S.S. Harry S. Truman.
Sec. 124. Ford class aircraft carrier support for F-35C aircraft.
Sec. 125. Prohibition on use of funds for reduction of aircraft carrier
force structure.
Sec. 126. Modification of prohibition on availability of funds for Navy
waterborne security barriers.
Sec. 127. LHA Replacement Amphibious Assault Ship Program.
Sec. 128. Strategic sealift fleet vessel.
Sec. 129. Design and construction of amphibious transport dock
designated LPD-31.
Sec. 130. Limitation on availability of funds for the Littoral Combat
Ship.
Sec. 131. Limitation on the next new class of Navy large surface
combatants.
Sec. 132. Limitation on availability of funds pending quarterly updates
on the CH-53K King Stallion helicopter program.
Sec. 133. Limitation on availability of funds for VH-92A helicopter.
Sec. 134. Report on carrier wing and aviation combat element
composition.
Subtitle D--Air Force Programs
Sec. 141. Modification of requirement to preserve certain C-5 aircraft.
Sec. 142. OC-135B aircraft recapitalization program.
Sec. 143. Requirement to align Air Force aviation force structure with
National Defense Strategy.
Sec. 144. Prohibition on availability of funds for reduction in KC-10
primary mission aircraft inventory.
Sec. 145. Limitation on availability of funds for F-15EX aircraft.
Sec. 146. Limitation on availability of funds for VC-25B aircraft.
Sec. 147. Limitation on availability of funds for RC-26B aircraft.
Sec. 148. Limitation on availability of funds for retirement of RC-135
aircraft.
Sec. 149. Air Force aggressor squadron modernization.
Sec. 150. Air Force plan for Combat Rescue Helicopter fielding.
Sec. 151. Report on feasibility of multiyear contract for procurement of
JASSM-ER missiles.
Sec. 152. Report on aircraft fleet of the Civil Air Patrol.
Sec. 153. Sense of Congress on the light attack aircraft initiative of
the Air Force.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 161. Economic order quantity contracting and buy-to-budget
acquisition for F-35 aircraft program.
Sec. 162. Relief from contractors for failure to deliver ready-for-issue
spare parts for the F-35 aircraft program.
Sec. 163. Limitation on availability of funds for reallocation of
Turkish F-35A aircraft to the United States.
Sec. 164. Requirement to establish the use of an Agile DevOps software
development solution as an alternative for Joint Strike
Fighter Autonomic Logistics Information System.
Sec. 165. F-35 sustainment cost.
Sec. 166. Reports on the progress and performance of the F-35 aircraft
program.
Sec. 167. Other reports on the F-35 aircraft program.
Sec. 168. Limitation on availability of funds for communications systems
lacking certain resiliency features.
Sec. 169. Repeal of tactical unmanned vehicle common data link
requirement.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Program on enhancement of preparation of dependents of members
of Armed Forces for careers in science, technology,
engineering, and mathematics.
Sec. 212. Updates to the Department of Defense personnel management
authority to attract experts in science and engineering.
Sec. 213. Establishment of joint reserve detachment of the Defense
Innovation Unit.
Sec. 214. Research and educational programs and activities for
Historically Black Colleges and Universities and Minority-
Serving Institutions of Higher Education.
Sec. 215. Modification of authority for prizes for advanced technology
achievements.
Sec. 216. Joint hypersonics transition office.
Sec. 217. Modification of proof of concept commercialization program.
Sec. 218. Modification of authority and addition of technology areas for
expedited access to technical talent.
Sec. 219. Expansion of coordination in support of national security
innovation and entrepreneurial education.
Sec. 220. Modification of defense quantum information science and
technology research and development program.
Sec. 221. Understanding of investments in artificial intelligence and
development of capabilities by adversaries.
Sec. 222. Advisory role of JASON scientific advisory group.
Sec. 223. Direct Air Capture and Blue Carbon Removal Technology Program.
Sec. 224. Requiring defense microelectronics products and services meet
trusted supply chain and operational security standards.
Sec. 225. Development and acquisition strategy to procure secure, low
probability of detection data link network capability.
Sec. 226. Establishment of secure next-generation wireless network (5G)
infrastructure for the Nevada Test and Training Range and base
infrastructure.
Sec. 227. Administration of manufacturing innovation institutes funded
by the Department of Defense.
Sec. 228. Research program on foreign malign influence operations.
Sec. 229. Diversification of the research and engineering workforce of
the Department of Defense.
Sec. 230. Policy on the talent management of digital expertise and
software professionals.
Sec. 231. Digital engineering capability to automate testing and
evaluation.
Sec. 232. Process to align policy formulation and emerging technology
development.
Sec. 233. Improvement of the Strategic Capabilities Office of the
Department of Defense.
Sec. 234. Pilot program on enhanced civics education.
Sec. 235. Technology and national security fellowship.
Sec. 236. Documentation relating to the Advanced Battle Management
System.
Sec. 237. Sensor data integration for fifth generation aircraft.
Sec. 238. Sense of Congress on future vertical lift technologies.
Sec. 239. Use of funds for Strategic Environmental Research Program,
Environmental Security Technical Certification Program, and
Operational Energy Capability Improvement.
Sec. 240. Limitation and report on Indirect Fire Protection Capability
Increment 2 capability.
Subtitle C--Plans, Reports, and Other Matters
Sec. 251. Master plan for implementation of authorities relating to
science and technology reinvention laboratories.
Sec. 252. Infrastructure to support research, development, test, and
evaluation missions.
Sec. 253. Energetics plan.
Sec. 254. Strategy and implementation plan for fifth generation
information and communications technologies.
Sec. 255. Department-wide software science and technology strategy.
Sec. 256. Artificial intelligence education strategy.
Sec. 257. Cyber science and technology activities roadmap and reports.
Sec. 258. Report on B-52 commercial engine replacement program.
Sec. 259. Commercial edge computing technologies and best practices for
Department of Defense warfighting systems.
Sec. 260. Biannual report on the Joint Artificial Intelligence Center.
Sec. 261. Quarterly updates on the Optionally Manned Fighting Vehicle
program.
Sec. 262. National Study on Defense Research At Historically Black
Colleges and Universities and Other Minority Institutions.
Sec. 263. Study on national security emerging biotechnologies for the
Department of Defense.
Sec. 264. Independent study on optimizing resources allocated to
Combating Terrorism Technical Support Office.
Sec. 265. Independent assessment of electronic warfare plans and
programs.
Sec. 266. Technical correction to Global Research Watch Program.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Timeline for Clearinghouse review of applications for energy
projects that may have an adverse impact on military
operations and readiness.
Sec. 312. Authority to accept contributions of funds from applicants for
energy projects for mitigation of impacts on military
operations and readiness.
Sec. 313. Use of proceeds from sale of recyclable materials.
Sec. 314. Disposal of recyclable materials.
Sec. 315. Department of Defense improvement of previously conveyed
utility systems serving military installations.
Sec. 316. Modification of Department of Defense environmental
restoration authorities to include Federal Government
facilities used by National Guard.
Sec. 317. Use of operational energy cost savings of Department of
Defense.
Sec. 318. Sale of electricity from alternate energy and cogeneration
production facilities.
Sec. 319. Energy resilience programs and activities.
Sec. 320. Technical and grammatical corrections and repeal of obsolete
provisions relating to energy.
Sec. 321. 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. 322. Replacement of fluorinated aqueous film-forming foam with
fluorine-free fire-fighting agent.
Sec. 323. Prohibition of uncontrolled release of fluorinated aqueous
film-forming foam at military installations.
Sec. 324. Prohibition on use of fluorinated aqueous film forming foam
for training exercises.
Sec. 325. Real-time sound-monitoring at Navy installations where
tactical fighter aircraft operate.
Sec. 326. Development of extreme weather vulnerability and risk
assessment tool.
Sec. 327. Removal of barriers that discourage investments to increase
military installation resilience.
Sec. 328. Budgeting of Department of Defense relating to extreme
weather.
Sec. 329. Prohibition on Perfluoroalkyl Substances and Polyfluoroalkyl
Substances in Meals Ready-to-Eat Food Packaging.
Sec. 330. Disposal of materials containing per- and polyfluoroalkyl
substances or aqueous film-forming foam.
Sec. 331. Agreements to share monitoring data relating to perfluoroalkyl
and polyfluoroalkyl substances and other contaminants of
concern.
Sec. 332. Cooperative agreements with States to address contamination by
perfluoroalkyl and polyfluoroalkyl substances.
Sec. 333. Plan to phase out use of burn pits.
Sec. 334. Information relating to locations of burn pit use.
Sec. 335. Data quality review of radium testing conducted at certain
locations of the Department of the Navy.
Sec. 336. Reimbursement of Environmental Protection Agency for certain
costs in connection with the Twin Cities Army Ammunition
Plant, Minnesota.
Sec. 337. Pilot program for availability of working-capital funds for
increased combat capability through energy optimization.
Sec. 338. Report on efforts to reduce high energy intensity at military
installations.
Subtitle C--Treatment of Contaminated Water Near Military Installations
Sec. 341. Short title.
Sec. 342. Definitions.
Sec. 343. Provision of water uncontaminated with perfluorooctanoic acid
(PFOA) and perfluorooctane sulfonate (PFOS) for agricultural
purposes.
Sec. 344. Acquisition of real property by Air Force.
Sec. 345. Remediation plan.
Subtitle D--Logistics and Sustainment
Sec. 351. Materiel readiness metrics and objectives.
Sec. 352. 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. 353. Modification to limitation on length of overseas forward
deployment of naval vessels.
Sec. 354. Extension of temporary installation reutilization authority
for arsenals, depots, and plants.
Sec. 355. F-35 Joint Strike Fighter sustainment.
Sec. 356. Report on strategic policy for prepositioned materiel and
equipment.
Sec. 357. Pilot program to train skilled technicians in critical
shipbuilding skills.
Sec. 358. Requirement for military department inter-service depot
maintenance.
Sec. 359. Strategy to improve infrastructure of certain depots of the
Department of Defense.
Subtitle E--Reports
Sec. 361. Readiness reporting.
Sec. 362. Technical correction to deadline for transition to Defense
Readiness Reporting System Strategic.
Sec. 363. Report on Navy ship depot maintenance budget.
Sec. 364. Report on Runit Dome.
Sec. 365. Prohibition on subjective upgrades by commanders of unit
ratings in monthly readiness reporting on military units.
Sec. 366. Requirement to include foreign language proficiency in
readiness reporting systems of Department of Defense.
Subtitle F--Other Matters
Sec. 371. Prevention of encroachment on military training routes and
military operations areas.
Sec. 372. Expansion and enhancement of authorities on transfer and
adoption of military animals.
Sec. 373. 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. 374. Extension of authority of Secretary of Transportation to issue
non-premium aviation insurance.
Sec. 375. Defense personal property program.
Sec. 376. Public events about Red Hill Bulk Fuel Storage Facility.
Sec. 377. Sense of Congress regarding Innovative Readiness Training
program.
Sec. 378. Detonation chambers for explosive ordnance disposal.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum
levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Sec. 415. Authorized strengths for Marine Corps Reserves on active duty.
Sec. 416. Modification of authorized strength of Air Force Reserve
serving on full-time reserve component duty for administration
of the reserves or the National Guard.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Maker of original appointments in a regular or reserve
component of commissioned officers previously subject to
original appointment in other type of component.
Sec. 502. Furnishing of adverse information on officers to promotion
selection boards.
Sec. 503. Limitation on number of officers recommendable for promotion
by promotion selection boards.
Sec. 504. Expansion of authority for continuation on active duty of
officers in certain military specialties and career tracks.
Sec. 505. Management policies for joint qualified officers.
Sec. 506. Modification of authorities on management of deployments of
members of the Armed Forces and related unit operating and
personnel tempo matters.
Sec. 507. Personnel tempo of the Armed Forces and the United States
Special Operations Command during periods of inapplicability
of high-deployment limitations.
Sec. 508. Permanent authority to defer past age 64 the retirement of
chaplains in general and flag officer grades.
Sec. 509. Higher grade in retirement for officers following reopening of
determination or certification of retired grade.
Sec. 510. Authority of promotion boards to recommend that officers of
particular merit be placed higher on promotion list.
Sec. 510A. Availability on the internet of certain information about
officers serving in general or flag officer grades.
Sec. 510B. Functional badge or insignia upon commission for chaplains.
Subtitle B--Reserve Component Management
Sec. 511. Modification of grade level threshold for Junior Reserve
Officers' Training Corps.
Sec. 512. Inclusion of STEM in courses of instruction for the Junior
Reserve Officers' Training Corps.
Sec. 513. Inclusion of homeschooled students in Junior Reserve Officers'
Training Corps units.
Sec. 514. Clarification of eligibility to serve as Commander, Marine
Forces Reserve.
Sec. 515. Extension and periodic evaluation of suicide prevention and
resilience program for the reserve components.
Sec. 516. Authority to defer mandatory separation at age 68 of officers
in medical specialties in the reserve components.
Sec. 517. Modernization of inspection authorities applicable to the
National Guard.
Sec. 518. Consultation with Chief of the National Guard Bureau in the
appointment or designation of National Guard property and
fiscal officers.
Sec. 519. Coast Guard Junior Reserve Officers' Training Corps.
Sec. 520. Repeal of requirement for review of certain Army Reserve
officer unit vacancy promotions by commanders of associated
active duty units.
Sec. 520A. Report on methods to enhance domestic response to large
scale, complex and catastrophic disasters.
Sec. 520B. Report and briefing on the Senior Reserve Officers' Training
Corps.
Sec. 520C. Sense of Congress on increase in number of Junior Reserve
Officers' Training Corps units.
Subtitle C--General Service Authorities and Correction of Military
Records
Sec. 521. Advice and counsel of trauma experts in review by boards for
correction of military records and discharge review boards of
certain claims.
Sec. 522. Reduction in required number of members of discharge review
boards.
Sec. 523. Establishment of process to review a request for upgrade of
discharge or dismissal.
Sec. 524. Prohibition on reduction in the number of personnel assigned
to duty with a service review agency.
Sec. 525. Training of members of boards for correction of military
records and discharge review boards on sexual trauma, intimate
partner violence, spousal abuse, and related matters.
Sec. 526. Time requirements for certification of honorable service.
Sec. 527. Correction of certain discharge characterizations.
Sec. 528. Development of guidelines for use of unofficial sources of
information to determine eligibility of members and former
members of the Armed Forces for decorations when the service
records are incomplete because of damage to the official
record.
Sec. 529. Strategic plan for diversity and inclusion.
Sec. 530. Study regarding screening individuals who seek to enlist in
the Armed Forces.
Sec. 530A. Feasibility study regarding notification to Secretary of
Homeland Security of honorable discharges of non-citizens.
Sec. 530B. Sense of Congress regarding accession physicals.
Subtitle D--Military Justice
Sec. 531. Expansion of pre-referral matters reviewable by military
judges and military magistrates in the interest of efficiency
in military justice.
Sec. 532. Command influence.
Sec. 533. Statute of limitations for certain offenses.
Sec. 534. Public access to dockets, filings, and court records of
courts-martial or other records of trial of the military
justice system.
Sec. 535. Extension of Defense Advisory Committee on Investigation,
Prosecution, and Defense of Sexual Assault in the Armed
Forces.
Sec. 536. Authority for return of personal property to victims of sexual
assault who file a Restricted Report before conclusion of
related proceedings.
Sec. 537. Guidelines on sentences for offenses committed under the
Uniform Code of Military Justice.
Sec. 538. Notification of significant events and documentation of
preference for prosecution jurisdiction for victims of sexual
assault.
Sec. 539. Increase in number of digital forensic examiners for certain
military criminal investigative organizations.
Sec. 540. Increase in investigative personnel and Victim Witness
Assistance Program liaisons.
Sec. 540A. Training for sexual assault initial disposition authorities
on exercise of disposition authority for sexual assault and
collateral offenses.
Sec. 540B. Training for commanders in the Armed Forces on their role in
all stages of military justice in connection with sexual
assault.
Sec. 540C. Timely disposition of nonprosecutable sex-related offenses.
Sec. 540D. Department of Defense-wide policy and military department-
specific programs on reinvigoration of the prevention of
sexual assault involving members of the Armed Forces.
Sec. 540E. Recommendations on separate punitive article in the Uniform
Code of Military Justice on sexual harassment.
Sec. 540F. Report on military justice system involving alternative
authority for determining whether to prefer or refer changes
for felony offenses under the Uniform Code of Military
Justice.
Sec. 540G. Report on standardization among the military departments in
collection and presentation of information on matters within
the military justice system.
Sec. 540H. Report on expansion of Air Force safe to report policy across
the Armed Forces.
Sec. 540I. Assessment of racial, ethnic, and gender disparities in the
military justice system.
Sec. 540J. Pilot programs on defense investigators in the military
justice system.
Sec. 540K. Report on preservation of recourse to restricted report on
sexual assault for victims of sexual assault following certain
victim or third-party communications.
Sec. 540L. Report on establishment of guardian ad litem program for
certain military dependents who are a victim or witness of an
offense under the Uniform Code of Military Justice involving
abuse or exploitation.
Sec. 540M. Comptroller General of the United States report on
implementation by the Armed Forces of recent statutory
requirements on sexual assault prevention and response in the
military.
Sec. 540N. Sense of Congress on the Port Chicago 50.
Subtitle E--Other Legal Matters
Sec. 541. Improvement of certain Special Victims' Counsel authorities.
Sec. 542. Availability of Special Victims' Counsel at military
installations.
Sec. 543. Notification of issuance of military protective order to
civilian law enforcement.
Sec. 544. Copyright protection for civilian faculty of certain
accredited institutions.
Sec. 545. Termination of leases of premises and motor vehicles of
servicemembers who incur catastrophic injury or illness or die
while in military service.
Sec. 546. Military orders required for termination of leases pursuant to
the Servicemembers Civil Relief Act.
Sec. 547. Preservation of right to bring class action under
Servicemembers Civil Relief Act.
Sec. 548. Legal counsel for victims of alleged domestic violence
offenses.
Sec. 549. 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. 550. Treatment of information in Catch a Serial Offender Program
for certain purposes.
Sec. 550A. Policies and procedures on registration at military
installations of civilian protective orders applicable to
members of the Armed Forces assigned to such installations and
certain other individuals.
Sec. 550B. Defense Advisory Committee for the Prevention of Sexual
Misconduct.
Sec. 550C. Training for Special Victims' Counsel on civilian criminal
justice matters in the States of the military installations to
which assigned.
Sec. 550D. Enhancing the capability of military criminal investigative
organizations to prevent and combat child sexual exploitation.
Sec. 550E. Feasibility study on establishment of database of military
protective orders.
Sec. 550F. GAO review of USERRA and SCRA.
Subtitle F--Member Education
Sec. 551. Authority for detail of certain enlisted members of the Armed
Forces as students at law schools.
Sec. 552. Inclusion of Coast Guard in Department of Defense STARBASE
Program.
Sec. 553. Degree granting authority for United States Army Armament
Graduate School; limitation on establishment of certain
educational institutions.
Sec. 554. Prohibition on off-duty employment for cadets and midshipmen
completing obligated service after graduation.
Sec. 555. Consideration of request for transfer of a cadet or midshipman
at a military service academy who is the victim of a sexual
assault or related offense.
Sec. 556. Redesignation of the Commandant of the United States Air Force
Institute of Technology as the Director and Chancellor of such
Institute.
Sec. 557. Eligibility of additional enlisted members for associate
degree programs of the Community College of the Air Force.
Sec. 558. Speech disorders of cadets and midshipmen.
Sec. 559. Requirement to continue provision of tuition assistance for
members of the Armed Forces.
Sec. 560. Information on institutions of higher education participating
in the Department of Defense Tuition Assistance Program.
Sec. 560A. Inclusion of information on free credit monitoring in annual
financial literacy briefing.
Sec. 560B. Programs to facilitate the award of private pilot's
certificates.
Subtitle G--Member Training and Transition
Sec. 561. Requirement to provide information regarding benefits claims
to members during TAP counseling.
Sec. 562. Participation of other Federal agencies in the SkillBridge
apprenticeship and internship program for members of the Armed
Forces.
Sec. 563. First modification of elements of report on the improved
Transition Assistance Program.
Sec. 564. Second modification of elements of report on the improved
Transition Assistance Program.
Sec. 565. Prohibition on gender-segregated training at Marine Corps
Recruit Depots.
Sec. 566. Assessment of deaths of recruits under the jurisdiction of the
Secretaries of the military departments.
Sec. 567. Review of Department of Defense training programs regarding
disinformation campaigns.
Sec. 568. Command matters in connection with transition assistance
programs.
Sec. 569. Machine readability and electronic transferability of
Certificate of Release or Discharge from Active Duty (DD Form
214).
Sec. 570. Records of service for Reserves.
Sec. 570A. Limitations and requirements in connection with separations
for members of the Armed Forces who suffer from mental health
conditions in connection with a sex-related, intimate partner
violence-related, or spousal-abuse offense.
Sec. 570B. Prohibition on involuntary separation of certain members of
the Armed Forces; consideration of military service in removal
determinations.
Sec. 570C. Inclusion of question regarding immigration status on
preseparation counseling checklist (DD Form 2648).
Sec. 570D. Counseling for members of the Armed Forces who are not
citizens of the United States on naturalization in the United
States.
Sec. 570E. Pilot program on information sharing between Department of
Defense and designated relatives and friends of members of the
Armed Forces regarding the experiences and challenges of
military service.
Sec. 570F. Connections of members retiring or separating from the Armed
Forces with community-based organizations and related
entities.
Sec. 570G. Pilot program regarding online application for the Transition
Assistance Program.
Subtitle H--Military Family Readiness and Dependents' Education
Sec. 571. Authorizing members to take leave for a birth or adoption in
more than one increment.
Sec. 572. Deferred deployment for members who give birth.
Sec. 573. Authority of the Secretary concerned to transport remains of a
covered decedent to no more than two places selected by the
person designated to direct disposition of the remains.
Sec. 574. Military funeral honors matters.
Sec. 575. Improvement of occupational license portability for relocated
spouses of members of the uniformed services.
Sec. 576. Continued eligibility for education and training opportunities
for spouses of promoted members.
Sec. 577. Modification to authority to reimburse for State licensure and
certification costs of a spouse of a servicemember arising
from relocation.
Sec. 578. Clarification regarding eligibility to transfer entitlement
under Post-9/11 Educational Assistance Program.
Sec. 579. Annual State report card.
Sec. 580. Improvements to child care for members of the Armed Forces.
Sec. 580A. Transportation of remains of casualties; travel expenses for
next of kin.
Sec. 580B. Meetings of officials of the Department of Defense with
representative groups of survivors of deceased members of the
Armed Forces.
Sec. 580C. Information and opportunities for registration for voting and
absentee ballot requests for members of the Armed Forces
undergoing deployment overseas.
Sec. 580D. Study on two-way military ballot barcode tracking.
Sec. 580E. Assistance to schools with military dependent students.
Sec. 580F. First expansion of the My Career Advancement Account program
for military spouses.
Sec. 580G. Second expansion of the My Career Advancement Account program
for military spouses.
Sec. 580H. Report on training and support available to military spouses.
Sec. 580I. Ri'katak Guest Student Program at United States Army
Garrison-Kwajalein Atoll.
Subtitle I--Decorations and Awards
Sec. 581. Modification of authorities on eligibility for and replacement
of gold star lapel buttons.
Sec. 582. Standardization of honorable service requirement for award of
military decorations.
Sec. 583. Authorization for award of the Medal of Honor to John J. Duffy
for acts of valor in Vietnam.
Sec. 584. Review of World War I valor medals.
Subtitle J--Miscellaneous Reports and Other Matters
Sec. 591. Clarification of the term ``assault'' for purposes of
Workplace and Gender Relations Surveys.
Sec. 592. Inclusion of certain veterans on temporary disability or
permanent disabled retirement lists in military adaptive
sports programs.
Sec. 593. Questions in surveys regarding extremist activity in the
workplace.
Sec. 594. Study on best practices for providing financial literacy
education for separating members of the Armed Forces.
Sec. 595. Report on oversight of authorized strengths of certain grades
of commissioned regular and reserve officers of the Armed
Forces.
Sec. 596. Report on certain waivers.
Sec. 597. Notifications on manning of afloat naval forces.
Sec. 598. Report regarding use of aerial systems of the Department of
Defense to support agencies of States, Territories, and the
Federal Government.
Sec. 599. Information for members of the Armed Forces on availability of
services of the Department of Veterans Affairs relating to
sexual trauma.
Sec. 599A. Authority to issue an honorary promotion to Colonel Charles
E. McGee, United States Air Force (ret.), to the grade of
brigadier general.
Sec. 599B. Authority to issue an honorary and posthumous promotion to
Lieutenant Colonel Richard Cole, United States Air Force
(ret.), to the grade of colonel.
Sec. 599C. Sense of Congress on the honorable and distinguished service
of General Joseph F. Dunford, United States Marine Corps, to
the United States.
TITLE VI--MILITARY COMPENSATION
Subtitle A--Pay and Allowances
Sec. 601. Clarification of continuation of pays during hospitalization
and rehabilitation resulting from wounds, injury, or illness
incurred while on duty in a hostile fire area or exposed to an
event of hostile fire or other hostile action.
Sec. 602. Continued entitlements while a member of the Armed Forces
participates in a career intermission program.
Sec. 603. Exemption from repayment of voluntary separation pay.
Sec. 604. Consideration of service on active duty to reduce age of
eligibility for retired pay for non-regular service.
Sec. 605. Temporary adjustment of rates of basic allowance for housing
following determination that local civilian housing costs
significantly differ from such rates.
Sec. 606. Reinvestment of travel refunds by the Department of Defense.
Sec. 607. Addition of partial dislocation allowance to allowable travel
and transportation expenses for servicemembers.
Sec. 608. Reductions on account of earnings from work performed while
entitled to an annuity supplement.
Sec. 609. Increase in basic pay.
Subtitle B--Bonuses and Special Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay
authorities.
Subtitle C--Family and Survivor Benefits
Sec. 621. Expansion of eligibility for exceptional transitional
compensation for dependents to dependents of current members.
Sec. 622. Phase-out of reduction of Survivor Benefit Plan survivor
annuities by amount of dependency and indemnity compensation.
Sec. 623. Death gratuity for ROTC graduates.
Sec. 624. 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 combat in the line of duty.
Sec. 625. Casualty assistance for survivors of deceased ROTC graduates.
Subtitle D--Defense Resale Matters
Sec. 631. Defense resale system matters.
Sec. 632. Procurement by commissary stores of certain locally sourced
products.
Sec. 633. GAO review of defense resale optimization study.
Subtitle E--Morale, Welfare, and Recreation Privileges
Sec. 641. Extension of certain morale, welfare, and recreation
privileges to Foreign Service officers on mandatory home
leave.
Sec. 642. Extension of pilot program on a Government lodging program.
Subtitle F--Reports and Other Matters
Sec. 651. Annual reports on approval of employment or compensation of
retired general or flag officers by foreign governments for
emoluments clause purposes.
Sec. 652. Report regarding transition from overseas housing allowance to
basic allowance for housing for servicemembers in the
territories.
Sec. 653. Report on extension to members of the reserve components of
the Armed Forces of special and incentive pays for members of
the Armed Forces not currently payable to members of the
reserve components.
Sec. 654. Study regarding recoupment of separation pay, special
separation benefits, and voluntary separation incentive
payments from members of the Armed Forces and veterans who
receive disability compensation under laws administered by the
Secretary of Veterans Affairs.
Sec. 655. Report on implementation of contributions to the Department of
Defense Military Retirement Fund based on pay costs per Armed
Force rather than on Armed Forces-wide basis.
Sec. 656. Report on food insecurity among members of the Armed Forces
and their dependents.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Modification of eligibility for TRICARE Reserve Select for
certain members of the Selected Reserve.
Sec. 702. TRICARE payment options for retirees and their dependents.
Sec. 703. Lead level screening and testing for children.
Sec. 704. Exposure to open burn pits and toxic airborne chemicals or
other airborne contaminants as part of periodic health
assessments and other physical examinations.
Sec. 705. Enhancement of recordkeeping with respect to exposure by
members of the Armed Forces to certain occupational and
environmental hazards while deployed overseas.
Sec. 706. Modifications to post-deployment mental health assessments for
members of the Armed Forces deployed in support of a
contingency operation.
Sec. 707. Provision of blood testing for firefighters of Department of
Defense to determine exposure to perfluoroalkyl and
polyfluoroalkyl substances.
Subtitle B--Health Care Administration
Sec. 711. Modification of organization of military health system.
Sec. 712. Support by military health system of medical requirements of
combatant commands.
Sec. 713. Requirements for certain prescription drug labels.
Sec. 714. Officers authorized to command Army dental units.
Sec. 715. Improvements to interagency program office of the Department
of Defense and the Department of Veterans Affairs.
Sec. 716. Expansion of strategy to improve acquisition of managed care
support contracts under TRICARE program.
Sec. 717. Inclusion of blast exposure history in medical records of
members of the Armed Forces.
Sec. 718. Comprehensive policy for provision of mental health care to
members of the Armed Forces.
Sec. 719. Limitation on the realignment or reduction of military medical
manning end strength.
Sec. 720. Strategy to recruit and retain mental health providers.
Sec. 721. Development of partnerships to improve combat casualty care
for personnel of the Armed Forces.
Sec. 722. Modification to referrals for mental health services.
Subtitle C--Reports and Other Matters
Sec. 731. Authorization of claims by members of the uniformed services
against the United States for personal injury or death caused
by medical malpractice.
Sec. 732. Extension and clarification of authority for Joint Department
of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund.
Sec. 733. Appointment of non-ex officio members of the Henry M. Jackson
Foundation for the Advancement of Military Medicine.
Sec. 734. Establishment of Academic Health System in National Capital
Region.
Sec. 735. Provision of veterinary services by veterinary professionals
of the Department of Defense in emergencies.
Sec. 736. Three-year extension of authority to continue the DOD-VA
Health Care Sharing Incentive Fund.
Sec. 737. Preservation of resources of the Army Medical Research and
Materiel Command and continuation as Center of Excellence.
Sec. 738. Encouragement of participation in Women's Health Transition
Training pilot program.
Sec. 739. National Guard suicide prevention pilot program.
Sec. 740. Pilot Program on civilian and military partnerships to enhance
interoperability and medical surge capability and capacity of
National Disaster Medical System.
Sec. 741. Reports on suicide among members of the Armed Forces and
suicide prevention programs and activities of the Department
of Defense.
Sec. 742. Modification of requirements for longitudinal medical study on
blast pressure exposure of members of the Armed Forces and
collection of exposure information.
Sec. 743. Study and plan on the use of military-civilian integrated
health delivery systems.
Sec. 744. Study on case management in the military health system.
Sec. 745. Report on Global Health Security Strategy and the National
Biodefense Security.
Sec. 746. Study on establishment of wounded warrior service dog program.
Sec. 747. GAO report on Department of Defense quality assurance program
and impacts of medical malpractice actions.
Sec. 748. Reports on Millennium Cohort Study relating to women members
of the Armed Forces.
Sec. 749. Study on effects of sleep deprivation on readiness of members
of the Armed Forces.
Sec. 750. Study and report on traumatic brain injury mitigation efforts.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 800. Authority for continuous integration and delivery of software
applications and upgrades to embedded systems.
Sec. 801. Pilot program on intellectual property evaluation for
acquisition programs.
Sec. 802. Pilot program to use alpha contracting teams for complex
requirements.
Sec. 803. Failure to provide other than certified cost or pricing data
upon request.
Sec. 804. Comptroller General report on price reasonableness.
Sec. 805. Limitation on transfer of funds related to cost overruns and
cost underruns.
Sec. 806. Standardizing data collection and reporting on use of source
selection procedures by Federal agencies.
Sec. 807. Department of Defense use of fixed-price contracts.
Sec. 808. Repeal of continuation of data rights during challenges.
Sec. 809. Repeal of authority to waive acquisition laws to acquire vital
national security capabilities.
Sec. 810. Repeal of the Defense Cost Accounting Standards Board.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 815. Modification of Director of Operational Test and Evaluation
report.
Sec. 816. Modification of written approval requirement for task and
delivery order single contract awards.
Sec. 817. Responsibility for data analysis and requirements validation
for services contracts.
Sec. 818. Documentation of market research related to commercial item
determinations.
Sec. 819. Availability of data on the use of other transaction authority
and report on the use of authority to carry out prototype
projects.
Sec. 820. Notification of Navy procurement production disruptions.
Sec. 821. Modification to acquisition authority of the Commander of the
United States Cyber Command.
Sec. 822. Extension of Never Contract With the Enemy.
Sec. 823. Modification of justification and approval requirement for
certain Department of Defense contracts.
Sec. 824. Extension of sunset relating to Federal Data Center
Consolidation Initiative.
Sec. 825. Pilot program to accelerate contracting and pricing processes.
Sec. 826. Uniformity in application of micro-purchase threshold to
certain task or delivery orders.
Sec. 827. Requirement for cost estimates on models of commercial e-
commerce portal program.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
Sec. 830. Modification of requirements for reporting to Congress on
certain acquisition programs.
Sec. 831. Pilot program to streamline decision-making processes for
weapon systems.
Sec. 832. Analysis of alternatives pursuant to materiel development
decisions.
Sec. 833. Naval vessel certification required before Milestone B
approval.
Subtitle D--Provisions Relating to the Acquisition System
Sec. 835. Extramural acquisition innovation and research activities.
Sec. 836. Report on realignment of the defense acquisition system to
implement acquisition reforms.
Sec. 837. Report and limitation on the availability of funds relating to
the ``middle tier'' of acquisition programs.
Sec. 838. Report on intellectual property policy and the cadre of
intellectual property experts.
Sec. 839. Guidance and reports relating to covered defense business
systems.
Sec. 840. Implementation guidance for use of a modular open system
approach.
Sec. 841. Limitation on availability of funds for the Office of the
Chief Management Officer of the Department of Defense.
Subtitle E--Industrial Base Matters
Sec. 845. Modernization of acquisition processes to ensure integrity of
industrial base.
Sec. 846. Report requirements for the national technology and industrial
base.
Sec. 847. Mitigating risks related to foreign ownership, control, or
influence of Department of Defense contractors or
subcontractors.
Sec. 848. Prohibition on operation or procurement of foreign-made
unmanned aircraft systems.
Sec. 849. Modification of prohibition on acquisition of sensitive
materials from non-allied foreign nations.
Sec. 850. Acquisition and disposal of certain rare earth materials.
Sec. 851. Pilot program for development of technology-enhanced
capabilities with partnership intermediaries.
Sec. 852. Authorized official to carry out the procurement technical
assistance cooperative agreement program.
Sec. 853. Requirement that certain ship components be manufactured in
the national technology and industrial base.
Sec. 854. Addition of domestically produced stainless steel flatware and
dinnerware to the Berry Amendment.
Sec. 855. Application of miscellaneous technology base policies and
programs to the Columbia-class submarine program.
Sec. 856. Application of limitation on procurement of goods other than
United States goods to the FFG-Frigate Program.
Sec. 857. Sense of Congress regarding consideration of price in
procurement of the FFG(X) frigate.
Subtitle F--Provisions Relating to Acquisition Workforce
Sec. 860. Establishment of Defense Civilian Training Corps.
Sec. 861. Defense acquisition workforce certification, education, and
career fields.
Sec. 862. Software development and software acquisition training and
management programs.
Sec. 863. Modification of temporary assignments of Department of Defense
employees to a private-sector organization.
Sec. 864. Incentives and consideration for qualified training programs.
Sec. 865. Use of qualified apprentices by military construction
contractors.
Subtitle G--Small Business Matters
Sec. 870. Requirements relating to credit for certain small business
concern subcontractors.
Sec. 871. Inclusion of best in class designations in annual report on
small business goals.
Sec. 872. Reauthorization and improvement of Department of Defense
Mentor-Protege Program.
Sec. 873. Accelerated payments applicable to contracts with certain
small business concerns under the Prompt Payment Act.
Sec. 874. Postaward explanations for unsuccessful offerors for certain
contracts.
Sec. 875. Small business contracting credit for subcontractors that are
Puerto Rico businesses or covered territory businesses.
Sec. 876. Technical amendment regarding treatment of certain surviving
spouses under the definition of small business concern owned
and controlled by service-disabled veterans.
Sec. 877. Extension of loan assistance and deferral eligibility to
reservists and members of the National Guard beyond periods of
military conflict.
Sec. 878. Modification to the Defense Research and Development Rapid
Innovation Program.
Sec. 879. Alignment of the Department of Defense Small Business
Innovation Research Program and Small Business Technology
Transfer Program with the National Defense Science and
Technology Strategy.
Sec. 880. Assistance for small business concerns participating in the
SBIR and STTR programs.
Sec. 881. Cybersecurity technical assistance for SBIR and STTR programs.
Sec. 882. Funding for defense research activities of small business
concerns.
Sec. 883. Modifications to budget display requirements for the
Department of Defense Small Business Innovation Research
Program and Small Business Technology Transfer Program.
Sec. 884. Pilot program for domestic investment under the SBIR program.
Subtitle H--Other Matters
Sec. 885. Review of guidance to contractors on nondiscrimination on the
basis of sex.
Sec. 886. Comptroller General report on contractor violations of certain
labor laws.
Sec. 887. Comptroller General report on contingency contracting.
Sec. 888. Policies and procedures for contractors to report gross
violations of internationally recognized human rights.
Sec. 889. Comptroller General report on oversight of contractors
providing private security functions.
Sec. 890. Prohibition on contracting with persons that have business
operations with the Maduro regime.
Sec. 891. Report on the Combating Trafficking in Persons initiative.
Sec. 892. Improved management of information technology and cyberspace
investments.
Sec. 893. Modification to requirements for purchase of commercial
leasing services pursuant to multiple award contracts.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Headquarters activities of the Department of Defense matters.
Sec. 902. Clarifying the roles and responsibilities of the Under
Secretary of Defense for Acquisition and Sustainment and the
Under Secretary of Defense for Research and Engineering.
Sec. 903. Return to Chief Information Officer of the Department of
Defense of responsibility for business systems and related
matters.
Sec. 904. Assessments of responsibilities and authorities of the Chief
Management Officer of the Department of Defense.
Sec. 905. Senior Military Advisor for Cyber Policy and Deputy Principal
Cyber Advisor.
Sec. 906. Exclusion from limitations on personnel in the Office of the
Secretary of Defense and Department of Defense headquarters of
fellows appointed under the John S. McCain Defense Fellows
Program.
Subtitle B--Organization and Management of Other Department of Defense
Offices and Elements
Sec. 911. Codification of Assistant Secretaries for Energy,
Installations, and Environment of the Army, Navy, and Air
Force.
Subtitle C--Other Department of Defense Organization and Management
Matters
Sec. 921. Prohibition on ownership or trading of stocks in certain
companies by certain officials of the Department of Defense.
Sec. 922. Limitation on consolidation of Defense Media Activity.
Sec. 923. Report on resources to implement the civilian casualty policy
of the Department of Defense.
Subtitle D--United States Space Force
Sec. 951. Short title.
Sec. 952. The Space Force.
Sec. 953. Chief of Space Operations.
Sec. 954. Space Force Acquisition Council.
Sec. 955. Assistant Secretary of Defense for Space Policy.
Sec. 956. Assistant Secretary of the Air Force for Space Acquisition and
Integration.
Sec. 957. Service Acquisition Executive of the Department of the Air
Force for Space Systems and Programs.
Sec. 958. Conforming amendments and clarification of authorities.
Sec. 959. Effects on military installations.
Sec. 960. Availability of funds.
Sec. 961. Implementation.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Defense Business Audit Remediation Plan.
Sec. 1003. Financial improvement and audit remediation plan.
Sec. 1004. Reporting requirements relating to Department of Defense
audits.
Sec. 1005. Inclusion of certain military construction projects in annual
reports on unfunded priorities of the Armed Forces and the
combatant commands.
Sec. 1006. Prohibition on delegation of responsibility for submittal to
Congress of Out-Year Unconstrained Total Munitions
Requirements and Out-Year Inventory numbers.
Sec. 1007. Annual budget justification display for service-common and
other support and enabling capabilities for special operations
forces.
Sec. 1008. Element in annual reports on the Financial Improvement and
Audit Remediation Plan on activities with respect to
classified programs.
Sec. 1009. Plan of the Department of Defense for financial management
information.
Sec. 1010. Update of authorities and renaming of Department of Defense
Acquisition Workforce Development Fund.
Sec. 1011. Transparency of accounting firms used to support Department
of Defense audit.
Sec. 1012. Modification of required elements of annual reports on
emergency and extraordinary expenses of the Department of
Defense.
Subtitle B--Counterdrug Activities
Sec. 1021. Modification of authority to support a unified counterdrug
and counterterrorism campaign in Colombia.
Sec. 1022. Extension of authority for joint task forces to provide
support to law enforcement agencies conducting counter-
terrorism activities.
Sec. 1023. Sense of Congress regarding Department of Defense counterdrug
activities in the transit zone and Caribbean basin.
Sec. 1024. Assessment of impact of any planned or proposed border wall
on volume of illegal narcotics.
Subtitle C--Naval Vessels
Sec. 1031. Modification of authority to purchase vessels using funds in
National Defense Sealift Fund.
Sec. 1032. Use of National Defense Sealift Fund for procurement of two
used vessels.
Sec. 1033. Transportation by sea of supplies for the Armed Forces and
Defense Agencies.
Sec. 1034. Senior Technical Authority for each naval vessel class.
Sec. 1035. Permanent authority for sustaining operational readiness of
littoral combat ships on extended deployment.
Sec. 1036. Formal training for shipboard system programs of record.
Sec. 1037. Report on shipbuilder training and the defense industrial
base.
Sec. 1038. Use of competitive procedures for CVN-80 and CVN-81 dual
aircraft carrier contract.
Sec. 1039. Report on expanding naval vessel maintenance.
Subtitle D--Counterterrorism
Sec. 1041. Modification of support of special operations to combat
terrorism.
Sec. 1042. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1043. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to the United States.
Sec. 1044. Extension of prohibition on use of funds to construct or
modify facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo Bay,
Cuba.
Sec. 1045. Extension of prohibition on use of funds to close or
relinquish control of United States Naval Station, Guantanamo
Bay, Cuba.
Sec. 1046. Chief Medical Officer at United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1047. Independent assessment on gender and countering violent
extremism.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1051. Scheduling of Department of Defense executive aircraft
controlled by Secretaries of military departments.
Sec. 1052. Explosive ordnance defense disposal program.
Sec. 1053. 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. 1054. Notification on the provision of defense sensitive support.
Sec. 1055. Revision to authorities relating to mail service for members
of the Armed Forces and Department of Defense civilians
overseas.
Sec. 1056. Access to and use of military post offices by United States
citizens employed overseas by the North Atlantic Treaty
Organization who perform functions in support of military
operations of the Armed Forces.
Sec. 1057. Expenditure of funds for Department of Defense intelligence
and counterintelligence activities.
Sec. 1058. Limitation on use of funds for the inactivation of Army
watercraft units.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--General Provisions
Sec. 1101. Defense Advanced Research Projects Agency personnel
management authority.
Sec. 1102. Report on the probationary period for 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. Modification of direct hire authorities for the Department of
Defense.
Sec. 1110. Designating certain FEHBP and FEGLI services provided by
Federal employees as excepted services under the Anti-
Deficiency Act.
Sec. 1111. Continuing supplemental dental and vision benefits and long-
term care insurance coverage during a Government shutdown.
Sec. 1112. Limitation on transfer of Office of Personnel Management.
Sec. 1113. Assessment of Accelerated Promotion Program suspension.
Sec. 1114. Reimbursement for Federal, State, and local income taxes
incurred during travel, transportation, and relocation.
Sec. 1115. Clarification of limitation on expedited hiring authority for
post-secondary students.
Sec. 1116. Modification of temporary assignments of Department of
Defense employees to a private-sector organization.
Sec. 1117. Extension of authority for part-time reemployment.
Subtitle B--Fair Chance Act
Sec. 1121. Short title.
Sec. 1122. Prohibition on criminal history inquiries prior to
conditional offer for Federal employment.
Sec. 1123. Prohibition on criminal history inquiries by contractors
prior to conditional offer.
Sec. 1124. Report on employment of individuals formerly incarcerated in
Federal prisons.
Subtitle C--ATC Hiring Reform
Sec. 1131. Short title; definition.
Sec. 1132. Hiring of air traffic control specialists.
Sec. 1133. Ensuring hiring preference for applicants with experience at
an air traffic control facility of the National Guard.
Sec. 1134. FAA reports on air traffic controller hiring and training.
Sec. 1135. DOT Inspector General review and report.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Modification of authority to build capacity of foreign
security forces.
Sec. 1202. Modification and extension of cross servicing agreements for
loan of personnel protection and personnel survivability
equipment in coalition operations.
Sec. 1203. Modifications of authorities relating to acquisition and
cross-servicing agreements.
Sec. 1204. Modification of quarterly report on obligation and
expenditure of funds for security cooperation programs and
activities.
Sec. 1205. Gender perspectives and participation by women in security
cooperation activities.
Sec. 1206. Plan to provide consistency of administration of authorities
relating to vetting of units of security forces of foreign
countries; modification of assessment, monitoring, and
evaluation of security cooperation programs and activities.
Sec. 1207. Extension of authority for support of special operations for
irregular warfare.
Sec. 1208. Extension and modification of Commanders' Emergency Response
Program and elimination of certain payments to redress injury
and loss.
Sec. 1209. Two-year extension of program authority for Global Security
Contingency Fund.
Sec. 1210. Legal institutional capacity building initiative for foreign
defense institutions.
Sec. 1210A. Department of Defense support for stabilization activities
in national security interest of the United States.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1211. Extension of authority to transfer defense articles and
provide defense services to the military and security forces
of Afghanistan.
Sec. 1212. Extension and modification of authority to acquire products
and services produced in countries along a major route of
supply to Afghanistan.
Sec. 1213. Authority for certain payments to redress injury and loss.
Sec. 1214. Extension and modification of semiannual report on enhancing
security and stability in Afghanistan.
Sec. 1215. Special Immigrant Visa program reporting requirement.
Sec. 1216. Meaningful inclusion of Afghan women in peace negotiations.
Sec. 1217. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1218. Support for reconciliation activities led by the Government
of Afghanistan.
Sec. 1219. Modification and extension of the Afghan Special Immigrant
Visa Program.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1221. Modification of authority and limitation on use of funds to
provide assistance to counter the Islamic State of Iraq and
Syria.
Sec. 1222. Extension and modification of authority to provide assistance
to vetted Syrian groups and individuals.
Sec. 1223. Modification of authority to support operations and
activities of the Office of Security Cooperation in Iraq.
Sec. 1224. Establishing a coordinator for detained ISIS members and
relevant displaced populations in Syria.
Sec. 1225. Report on lessons learned from efforts to liberate Mosul and
Raqqah from control of the Islamic State of Iraq and Syria.
Sec. 1226. Expansion of availability of financial assets of Iran to
victims of terrorism.
Sec. 1227. Report on the status of deconfliction channels with Iran.
Sec. 1228. Prohibition on provision of weapons and other forms of
support to certain organizations.
Subtitle D--Matters Relating to the Russian Federation
Sec. 1231. Extension of limitation on military cooperation between the
United States and Russia.
Sec. 1232. Prohibition on availability of funds relating to sovereignty
of Russia over Crimea.
Sec. 1233. Sense of Congress on updating and modernizing existing
agreements to avert miscalculation between the United States
and Russia.
Sec. 1234. United States participation in Open Skies Treaty.
Sec. 1235. Modifications of briefing, notification, and reporting
requirements relating to non-compliance by the Russian
Federation with its obligations under the INF Treaty.
Sec. 1236. Report on treaties relating to nuclear arms control.
Sec. 1237. Reports relating to the New START Treaty.
Sec. 1238. Report on military activities of the Russian Federation and
the People's Republic of China in the Arctic region.
Sec. 1239. Updated strategy to counter the threat of malign influence by
the Russian Federation and other countries.
Subtitle E--Matters Relating to Europe and NATO
Sec. 1241. Sense of Congress on support for the North Atlantic Treaty
Organization.
Sec. 1242. Prohibition on the use of funds to suspend, terminate, or
provide notice of denunciation of the North Atlantic Treaty.
Sec. 1243. Future years plans and planning transparency for the European
Deterrence Initiative.
Sec. 1244. Modification and extension of Ukraine Security Assistance
Initiative.
Sec. 1245. Limitation on transfer of F-35 aircraft to Turkey.
Sec. 1246. Baltic defense assessment; extension and modification of
security assistance for Baltic countries for joint program for
interoperability and deterrence against aggression.
Sec. 1247. Extension of authority for and report on training for Eastern
European national security forces in the course of
multilateral exercises.
Sec. 1248. Extension and modification of NATO Special Operations
Headquarters.
Sec. 1249. North Atlantic Treaty Organization Joint Force Command.
Sec. 1250. Report on North Atlantic Treaty Organization Readiness
Initiative.
Sec. 1250A. Repeal of prohibition on transfer of articles on the United
States munitions list to the Republic of Cyprus.
Subtitle F--Matters Relating to the Indo-Pacific Region
Sec. 1251. Modification of Indo-Pacific Maritime Security Initiative.
Sec. 1252. Expansion of Indo-Pacific Maritime Security Initiative and
limitation on use of funds.
Sec. 1253. Report on resourcing United States defense requirements for
the Indo-Pacific region and study on competitive strategies.
Sec. 1254. 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. 1255. Report on direct, indirect, and burden-sharing contributions
of Japan and South Korea.
Sec. 1256. Sense of Congress on security commitments to the Governments
of Japan and the Republic of Korea and trilateral cooperation
among the United States, Japan, and the Republic of Korea.
Sec. 1257. Sense of Congress on North Korea.
Sec. 1258. Statement of policy and sense of Congress on, and strategy to
fulfill obligations under, Mutual Defense Treaty with the
Republic of the Philippines.
Sec. 1259. Report on security cooperation with the Philippine National
Police.
Sec. 1260. Modification of annual report on military and security
developments involving the People's Republic of China.
Sec. 1260A. Report on foreign military activities in Pacific Island
countries.
Sec. 1260B. Report on cybersecurity activities with Taiwan.
Sec. 1260C. Review and report related to the Taiwan Relations Act.
Sec. 1260D. Sense of Congress on enhancement of the United States-Taiwan
defense relationship.
Sec. 1260E. Chinese foreign direct investment in countries of the Arctic
region.
Sec. 1260F. Sense of Congress on policy toward Hong Kong.
Sec. 1260G. Sense of Congress on enhancing defense and security
cooperation with the Republic of Singapore.
Sec. 1260H. Authority to transfer funds for Bien Hoa dioxin cleanup.
Sec. 1260I. Limitation on removal of Huawei Technologies Co. Ltd. from
entity list of Bureau of Industry and Security.
Sec. 1260J. Report on ZTE compliance with Superseding Settlement
Agreement and Superseding Order.
Sec. 1260K. Report on the lay-down of United States Marines in the Indo-
Pacific Region.
Subtitle G--Other Matters
Sec. 1261. Modification to report on legal and policy frameworks for the
use of military force.
Sec. 1262. Independent review of sufficiency of resources available to
United States Southern Command and United States Africa
Command.
Sec. 1263. United States Central Command posture assessment and review.
Sec. 1264. Limitation on production of nuclear proliferation assessment
statements.
Sec. 1265. Western Hemisphere resource assessment.
Sec. 1266. Human rights in Brazil.
Sec. 1267. Certification relating to assistance for Guatemala.
Sec. 1268. Independent analysis of human rights situation in Honduras.
Sec. 1269. Briefing on strategy to improve the efforts of the Nigerian
military to prevent, mitigate, and respond to civilian harm.
Sec. 1270. Report on implications of Chinese military presence in
Djibouti.
Sec. 1271. Rule of construction on the permanent stationing of United
States Armed Forces in Somalia.
Sec. 1272. Defense and diplomatic strategy for Libya.
Sec. 1273. Prohibition on in-flight refueling to non-United States
aircraft that engage in hostilities in the ongoing civil war
in Yemen.
Sec. 1274. Report on Saudi-led coalition strikes in Yemen.
Sec. 1275. Reports on expenses incurred for in-flight refueling of Saudi
coalition aircraft conducting missions relating to civil war
in Yemen.
Sec. 1276. Report on Saudi Arabia's human rights record.
Sec. 1277. Report on intelligence community assessment relating to the
killing of Washington Post columnist Jamal Khashoggi.
Sec. 1278. United States-Israel cooperation to counter unmanned aerial
systems.
Sec. 1279. Extension and modification of authority for United States-
Israel anti-tunnel cooperation activities.
Sec. 1280. Report on cost imposition strategy.
Sec. 1281. Modification of initiative to support protection of national
security academic researchers from undue influence and other
security threats.
Sec. 1282. Modification of responsibility for policy on civilian
casualty matters.
Sec. 1283. Report on export of certain satellites to entities with
certain beneficial ownership structures.
Sec. 1284. Rule of construction relating to the use of military force.
Sec. 1285. Reports and briefings on use of military force and support of
partner forces.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Funding allocations; specification of cooperative threat
reduction funds.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1404. Defense inspector general.
Sec. 1405. Defense health program.
Subtitle B--Other Matters
Sec. 1411. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health Care
Center, Illinois.
Sec. 1412. Authorization of appropriations for Armed Forces Retirement
Home.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Sec. 1501. Purpose.
Sec. 1502. Treatment as additional authorizations.
Subtitle A--Authorization of Appropriations for Overseas Contingency
Operations
Sec. 1511. Overseas contingency operations.
Sec. 1512. Procurement.
Sec. 1513. Research, development, test, and evaluation.
Sec. 1514. Operation and maintenance.
Sec. 1515. Military personnel.
Sec. 1516. Working capital funds.
Sec. 1517. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1518. Defense inspector general.
Sec. 1519. Defense health program.
Sec. 1520. Afghanistan security forces fund.
Sec. 1520A. Special transfer authority.
Subtitle B--Authorization of Appropriations for Emergency Funds for
Recovery and Restoration
Sec. 1521. Procurement.
Sec. 1522. Research, development, test, and evaluation.
Sec. 1523. Operation and maintenance.
Sec. 1524. Restriction on transfer of funds authorized by this subtitle.
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
Sec. 1601. Repeal of requirement to establish United States Space
Command as a subordinate unified command of the United States
Strategic Command.
Sec. 1602. Coordination of modernization efforts relating to military-
code capable GPS receiver cards.
Sec. 1603. Demonstration of backup and complementary positioning,
navigation, and timing capabilities of Global Positioning
System.
Sec. 1604. Annual determination on plan on full integration and
exploitation of overhead persistent infrared capability.
Sec. 1605. Space-based environmental monitoring mission requirements.
Sec. 1606. Resilient enterprise ground architecture.
Sec. 1607. Prototype program for multi-global navigation satellite
system receiver development.
Sec. 1608. Commercial space situational awareness capabilities.
Sec. 1609. Program to enhance and improve launch support and
infrastructure.
Sec. 1610. Preparation to implement plan for use of allied launch
vehicles.
Sec. 1611. Independent study on plan for deterrence in space.
Sec. 1612. Study on leveraging diverse commercial satellite remote
sensing capabilities.
Sec. 1613. Annual report on Space Command and Control program.
Sec. 1614. Report on space debris.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Redesignation of Under Secretary of Defense for Intelligence
as Under Secretary of Defense for Intelligence and Security.
Sec. 1622. Modifications to ISR Integration Council and annual briefing
requirements.
Sec. 1623. Modification of annual authorization of appropriations for
National Flagship Language Initiative.
Sec. 1624. Improving the onboarding methodology for intelligence
personnel.
Sec. 1625. Defense Counterintelligence and Security Agency activities on
facilitating access to local criminal records historical data.
Sec. 1626. Survey and report on alignment of intelligence collections
capabilities and activities with Department of Defense
requirements.
Sec. 1627. Reports on Consolidated Adjudication Facility of the Defense
Counterintelligence and Security Agency.
Sec. 1628. Report on the expanded purview of the Defense
Counterintelligence and Security Agency.
Sec. 1629. Termination of requirement for Department of Defense facility
access clearances for joint ventures composed of previously-
cleared entities.
Subtitle C--Cyberspace-Related Matters
Sec. 1631. Matters relating to military operations in the information
environment.
Sec. 1632. Notification requirements for sensitive military cyber
operations.
Sec. 1633. Evaluation of cyber vulnerabilities of major weapon systems
of the Department of Defense.
Sec. 1634. Quarterly assessments of the readiness of Cyber Mission
Forces.
Sec. 1635. Cyber posture review.
Sec. 1636. Modification of elements of assessment required for
termination of dual-hat arrangement for Commander of the
United States Cyber Command.
Sec. 1637. Modification of cyber scholarship program.
Sec. 1638. Tier 1 exercise of support to civil authorities for a cyber
incident.
Sec. 1639. Extension of the Cyberspace Solarium Commission.
Sec. 1640. Authority to use operation and maintenance funds for cyber
operations-peculiar capability development projects.
Sec. 1641. Role of Chief Information Officer in improving enterprise-
wide cybersecurity.
Sec. 1642. Notification of delegation of authorities to the Secretary of
Defense for military operations in cyberspace.
Sec. 1643. Limitation of funding for Consolidated Afloat Networks and
Enterprise Services.
Sec. 1644. Annual military cyberspace operations report.
Sec. 1645. Annual report on cyber attacks and intrusions against the
Department of Defense by certain foreign entities.
Sec. 1646. Control and analysis of Department of Defense data stolen
through cyberspace.
Sec. 1647. Use of National Security Agency cybersecurity expertise to
support evaluation of commercial cybersecurity products.
Sec. 1648. Framework to enhance cybersecurity of the United States
defense industrial base.
Sec. 1649. Report on cybersecurity training programs.
Sec. 1650. National Security Presidential Memorandums relating to
Department of Defense operations in cyberspace.
Sec. 1651. Reorientation of Big Data Platform program.
Sec. 1652. Zero-based review of Department of Defense cyber and
information technology personnel.
Sec. 1653. Study on improving cyber career paths in the Navy.
Sec. 1654. Accreditation standards and processes for cybersecurity and
information technology products and services.
Sec. 1655. Study on future cyber warfighting capabilities of Department
of Defense.
Sec. 1656. Study to determine the optimal strategy for structuring and
manning elements of the Joint Force Headquarters-Cyber
Organizations, Joint Mission Operations Centers, and Cyber
Operations-Integrated Planning Elements.
Sec. 1657. Cyber governance structures and Principal Cyber Advisors on
military cyber force matters.
Sec. 1658. Designation of test networks for testing and accreditation of
cybersecurity products and services.
Sec. 1659. Consortia of universities to advise Secretary of Defense on
cybersecurity matters.
Sec. 1660. Joint assessment of Department of Defense cyber red team
capabilities, capacity, demand, and requirements.
Subtitle D--Nuclear Forces
Sec. 1661. Conforming amendment to Council on Oversight of the National
Leadership Command, Control, and Communications System.
Sec. 1662. Modification of authorities relating to nuclear command,
control, and communications system.
Sec. 1663. Briefings on meetings held by Nuclear Weapons Council.
Sec. 1664. Consideration of budget matters at meetings of Nuclear
Weapons Council.
Sec. 1665. Improvement to annual report on the modernization of the
nuclear weapons enterprise.
Sec. 1666. Expansion of officials required to conduct biennial
assessments of delivery platforms for nuclear weapons and
nuclear command and control system.
Sec. 1667. Extension of annual briefing on costs of forward-deploying
nuclear weapons in Europe.
Sec. 1668. Elimination of conventional requirement for long-range
standoff weapon.
Sec. 1669. Briefing on long-range standoff weapon and sea-launched
cruise missile.
Sec. 1670. Extension of prohibition on availability of funds for mobile
variant of ground-based strategic deterrent missile.
Sec. 1671. Reports on development of ground-based strategic deterrent
weapon.
Sec. 1672. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Sec. 1673. Independent study on policy of no-first-use of nuclear
weapons.
Sec. 1674. Independent study on risks of nuclear terrorism and nuclear
war.
Sec. 1675. Report on military-to-military dialogue to reduce risks of
miscalculation leading to nuclear war.
Sec. 1676. Report on nuclear forces of the United States and near-peer
countries.
Sec. 1677. Report on operation of conventional forces of military
departments under employment or threat of employment of
nuclear weapons.
Sec. 1678. Report on operation of conventional forces of certain
combatant commands under employment or threat of employment of
nuclear weapons.
Sec. 1679. Briefings on plan for future-systems-level architecture of
nuclear command, control, and communications systems.
Sec. 1680. Sense of Congress on nuclear deterrence commitments of the
United States.
Subtitle E--Missile Defense Programs
Sec. 1681. National missile defense policy.
Sec. 1682. Development of space-based ballistic missile intercept layer.
Sec. 1683. Development of hypersonic and ballistic missile tracking
space sensor payload.
Sec. 1684. Modifications to required testing by Missile Defense Agency
of ground-based midcourse defense element of ballistic missile
defense system.
Sec. 1685. Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-development and co-
production.
Sec. 1686. Limitation on availability of funds for lower tier air and
missile defense sensor.
Sec. 1687. Plan for the redesigned kill vehicle replacement.
Sec. 1688. Organization, authorities, and billets of the Missile Defense
Agency.
Sec. 1689. Annual assessment of ballistic missile defense system.
Sec. 1690. Command and control, battle management, and communications
program.
Sec. 1691. Missile defense interceptor site in contiguous United States.
Sec. 1692. Independent study on impacts of missile defense development
and deployment.
Sec. 1693. Report and briefing on multi-volume kill capability.
Subtitle F--Other Matters
Sec. 1694. Extension of authorization for protection of certain
facilities and assets from unmanned aircraft.
Sec. 1695. Repeal of requirement for commission on electromagnetic pulse
attacks and similar events.
Sec. 1696. Repeal of review requirement for ammonium perchlorate report.
Sec. 1697. Transferability of conventional prompt global strike weapon
system technologies to surface-launched platforms.
Sec. 1698. Prohibition on availability of funds for certain offensive
ground-launched ballistic or cruise missile systems.
Sec. 1699. Hard and deeply buried targets.
TITLE XVII--REPORTS AND OTHER MATTERS
Subtitle A--Studies and Reports
Sec. 1701. Modification of annual reporting requirements on defense
manpower.
Sec. 1702. Termination of requirement for submittal to Congress of
certain recurring reports.
Sec. 1703. Modification of annual report on civilian casualties in
connection with United States military operations.
Sec. 1704. Extension of requirement for briefings on the national
biodefense strategy.
Sec. 1705. Authorization of appropriations for title III of the Defense
Production Act of 1950.
Sec. 1706. Report on the Department of Defense plan for mass-casualty
disaster response operations in the Arctic.
Sec. 1707. Transmittal to Congress of requests for assistance from other
departments of the Federal Government that are approved by the
Department of Defense.
Sec. 1708. Report and briefing on implementation of national defense
strategy.
Sec. 1709. Actions to increase analytic support.
Sec. 1710. Inclusion of certain individuals investigated by Inspectors
General in the semiannual report.
Sec. 1711. Annual report on Joint Military Information Support
Operations Web Operations Center.
Sec. 1712. Mobility capability requirements study.
Sec. 1713. Assessment of special operations force structure.
Sec. 1714. Army aviation strategic plan and modernization roadmap.
Sec. 1715. Report on ground-based long-range artillery to counter land
and maritime threats.
Sec. 1716. Independent review of transportation working-capital fund.
Sec. 1717. Geographic command risk assessment of proposed use of certain
aircraft capabilities.
Sec. 1718. Report on backlog of personnel security clearance
adjudications.
Sec. 1719. Report regarding outstanding Government Accountability Office
recommendations.
Sec. 1720. Report on National Guard and United States Northern Command
capacity to meet homeland defense and security incidents.
Sec. 1721. Assessment of standards, processes, procedures, and policy
relating to civilian casualties.
Sec. 1722. Report on transfers of equipment to prohibited entities.
Sec. 1723. Annual report on strikes undertaken by the United States
against terrorist targets outside areas of active hostilities.
Sec. 1724. Review and assessment of mitigation of military helicopter
noise.
Subtitle B--Other Matters
Sec. 1731. Technical, conforming, and clerical amendments.
Sec. 1732. Establishment of lead Inspector General for an overseas
contingency operation based on Secretary of Defense
notification.
Sec. 1733. Clarification of authority of Inspectors General for overseas
contingency operations.
Sec. 1734. Employment status of annuitants for Inspectors General for
overseas contingency operations.
Sec. 1735. Extension of National Security Commission on Artificial
Intelligence.
Sec. 1736. Exemption from calculation of monthly income, for purposes of
bankruptcy laws, of certain payments from the Department of
Veterans Affairs and the Department of Defense.
Sec. 1737. Extension of postage stamp for breast cancer research.
Sec. 1738. National Commission on Military Aviation Safety.
Sec. 1739. Guarantee of residency for spouses of members of the
uniformed services.
Sec. 1740. Electromagnetic pulses and geomagnetic disturbances.
Sec. 1741. Improvements to Manufacturing USA Program.
Sec. 1742. Regional innovation program.
Sec. 1743. Aviation workforce development.
Sec. 1744. Oversight of Department of Defense execute orders.
Sec. 1745. Processes and procedures for notifications regarding special
operations forces.
Sec. 1746. Securing American science and technology.
Sec. 1747. Standardized policy guidance for calculating aircraft
operation and sustainment costs.
Sec. 1748. Special Federal Aviation Regulation Working Group.
Sec. 1749. Prohibition on names related to the Confederacy.
Sec. 1750. Support for National Maritime Heritage Grants program.
Sec. 1751. Support for world language advancement and readiness.
Sec. 1752. Designation of Department of Defense strategic Arctic ports.
Sec. 1753. Independent studies regarding potential cost savings with
respect to the nuclear security enterprise and force structure
.
Sec. 1754. Comprehensive Department of Defense policy on collective
self-defense.
Sec. 1755. Policy regarding the transition of data and applications to
the cloud.
Sec. 1756. Integrated public alert and warning system.
Sec. 1757. Improving quality of information in background investigation
request packages.
Sec. 1758. Parole in place for members of the Armed Forces and certain
military dependents.
Sec. 1759. Report on reducing the backlog in legally required historical
declassification obligations of the Department of Defense.
Sec. 1760. Military type certification for light attack experimentation
aircraft.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Modification of authority to carry out certain fiscal year
2019 projects.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year
2017 project.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authorities to carry out phased Joint
Intelligence Analysis Complex consolidation.
Sec. 2306. Modification of authority to carry out certain fiscal year
2016 project.
Sec. 2307. Modification of authority to carry out certain fiscal year
2017 project.
Sec. 2308. Modification of authority to carry out certain fiscal year
2018 projects.
Sec. 2309. Modification of authority to carry out certain fiscal year
2019 projects.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Authorized Energy Resilience and Conservation Investment
Program projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction
and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense base
closure account.
Sec. 2702. Prohibition on conducting additional base realignment and
closure (BRAC) round.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program
Sec. 2801. Military installation resilience plans and projects.
Sec. 2802. Improved consultation with tribal governments when proposed
military construction projects potentially impact Indian
tribes.
Sec. 2803. Increased authority for use of certain appropriations amounts
for restoration or replacement of damaged or destroyed
facilities.
Sec. 2804. Amendment of Unified Facilities Criteria to promote military
installation resilience, energy resilience, energy and climate
resiliency, and cyber resilience.
Sec. 2805. Modification to Department of Defense Form 1391 regarding
consideration of potential long-term adverse environmental
effects.
Sec. 2806. Improved flood risk disclosure for military construction.
Sec. 2807. Prioritization of projects in annual report on unfunded
requirements for laboratory military construction projects.
Sec. 2808. Technical corrections and improvements to defense access road
resilience.
Sec. 2809. Military construction projects for child development centers
at military installations.
Sec. 2810. Prohibition on use of funds to reduce air base resiliency or
demolish protected aircraft shelters in the European theater
without creating a similar protection from attack.
Sec. 2811. Prohibition on use of funds to close or return certain bases
to the host nation.
Subtitle B--Real Property and Facilities Administration
Sec. 2821. Improved energy security for main operating bases in Europe.
Sec. 2822. Access to Department of Defense installations for
credentialed transportation workers.
Sec. 2823. Improved recording and maintaining of Department of Defense
real property data.
Subtitle C--Land Conveyances
Sec. 2831. Land conveyance, Hill Air Force Base, Ogden, Utah.
Sec. 2832. Release of interests retained in Camp Joseph T. Robinson,
Arkansas, for use of such land as a veterans cemetery.
Sec. 2833. Modification of authorized uses of certain property conveyed
by the United States in Los Angeles, California.
Sec. 2834. Transfer of administrative jurisdiction over certain parcels
of Federal land in Arlington, Virginia.
Subtitle D--Military Land Withdrawals
Sec. 2841. Public notice regarding upcoming periods of Secretary of the
Navy management of Shared Use Area of the Johnson Valley Off-
Highway Vehicle Recreation Area.
Subtitle E--White Sands National Park and White Sands Missile Range
Sec. 2851. White Sands Missile Range Land Enhancements.
Subtitle F--Other Matters
Sec. 2861. Installation and maintenance of fire extinguishers in
Department of Defense facilities.
Sec. 2862. Definition of community infrastructure for purposes of
military base reuse studies and community planning assistance.
Sec. 2863. Temporary authority for acceptance and use of contributions
for certain design and construction projects mutually
beneficial to the Department of Defense and the Republic of
Korea.
Sec. 2864. Black start exercises at military installations.
Sec. 2865. Pilot program to extend service life of roads and runways
under the jurisdiction of the Secretary of Defense.
Sec. 2866. Restrictions on rehabilitation of Over-the-Horizon
Backscatter Radar System receiving station, Modoc County,
California.
Sec. 2867. Designation of Sumpter Smith Joint National Guard Base.
Sec. 2868. Santa Ynez Band of Chumash Indians land affirmation.
Sec. 2869. Lands to be taken into trust as part of the reservation of
the Lytton Rancheria.
Sec. 2870. Little Shell Tribe of Chippewa Indians of Montana.
Sec. 2871. Sense of Congress on restoration of Tyndall Air Force Base.
TITLE XXIX--AUTHORIZATION OF OVERSEAS CONTINGENCY OPERATIONS MILITARY
CONSTRUCTION AND EMERGENCY MILITARY CONSTRUCTION
Subtitle A--Overseas Contingency Operations Military Construction
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition projects.
Sec. 2903. Authorized Air Force construction and land acquisition
projects.
Sec. 2904. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2905. Authorization of appropriations.
Subtitle B--Emergency Military Construction
Sec. 2911. Authorization of emergency Navy construction and land
acquisition projects.
Sec. 2912. Authorization of emergency Air Force construction and land
acquisition projects.
Sec. 2913. Authorization of emergency Army National Guard construction
and land acquisition projects.
Sec. 2914. Authorization of emergency Defense Agencies construction and
land acquisition projects.
Sec. 2915. Authorization of emergency supplemental appropriations for
military construction projects.
TITLE XXX--MILITARY HOUSING PRIVATIZATION REFORM
Sec. 3001. Definitions.
Subtitle A--Addition of New Reform Subchapter
Sec. 3011. Improved accountability and oversight of privatized military
housing and protections and responsibilities for tenants of
privatized military housing.
Sec. 3012. Designation of Chief Housing Officer for privatized military
housing.
Sec. 3013. Additional requirements relating to contracts for privatized
military housing.
Sec. 3014. Additional requirements relating to management of privatized
military housing.
Sec. 3015. Consideration of contractor history in contracts for
privatized military housing.
Sec. 3016. Additional improvements for management of privatized military
housing.
Sec. 3017. Maintenance work order system for privatized military
housing.
Sec. 3018. Access by tenants of privatized military housing to
maintenance work order system.
Sec. 3019. Access by tenants to historical maintenance information for
privatized military housing.
Sec. 3020. Prohibition on requirement to disclose personally
identifiable information in certain requests for maintenance
of privatized military housing.
Sec. 3021. Treatment of incentive fees for landlords of privatized
military housing for failure to remedy a health or
environmental hazard.
Sec. 3022. Dispute resolution process for landlord-tenant disputes
regarding privatized military housing and requests to withhold
payments during dispute resolution process.
Sec. 3023. Investigation of reports of reprisals relating to privatized
military housing and congressional notification.
Sec. 3024. Prohibition on use of nondisclosure agreements in connection
with leases of privatized military housing.
Subtitle B--Other Amendatory Provisions
Sec. 3031. Installation of carbon monoxide detectors in military family
housing.
Sec. 3032. Authority to furnish certain services in connection with use
of alternative authority for acquisition and improvement of
military housing.
Sec. 3033. Treatment of breach of contract for privatized military
housing.
Sec. 3034. Modification to requirements for window fall prevention
devices in military family housing units.
Sec. 3035. Expansion of direct hire authority for Department of Defense
for childcare services providers for Department child
development centers to include direct hire authority for
installation military housing office personnel.
Sec. 3036. Modification of authority to make payments to lessors of
privatized military housing.
Sec. 3037. Technical correction to definition used to make payments to
lessors of privatized military housing.
Subtitle C--One-Time Reporting Requirements
Sec. 3041. 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. 3042. Plans for creation of councils on privatized military
housing.
Sec. 3043. Plan for establishment of Department of Defense jurisdiction
over off-base privatized military housing.
Sec. 3044. Inspector General review of Department of Defense oversight
of privatized military housing.
Sec. 3045. Information on legal services provided to members of the
Armed Forces harmed by health or environmental hazards at
military housing.
Subtitle D--Development of Housing Reform Standards and Processes
Sec. 3051. Uniform code of basic standards for privatized military
housing and plan to conduct inspections and assessments.
Sec. 3052. Tool for assessment of hazards in Department of Defense
housing.
Sec. 3053. Process to identify and address environmental health hazards
in Department of Defense housing.
Sec. 3054. Department of Defense policy on lead-based paint testing on
military installations.
Sec. 3055. Standard for minimum credentials for health and environmental
inspectors of privatized military housing.
Sec. 3056. Requirements relating to move-in, move-out, and maintenance
of privatized military housing.
Sec. 3057. Standardized documentation, templates, and forms for
privatized military housing.
Sec. 3058. Satisfaction survey for tenants of military housing.
Subtitle E--Other Housing Reform Matters
Sec. 3061. Radon testing of privatized military housing.
Sec. 3062. Mitigation of risks posed by certain items in military family
housing units.
Sec. 3063. Suspension of Resident Energy Conservation Program and
related programs for privatized military housing.
Sec. 3064. Department of the Army pilot program to build and monitor use
of single family homes.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Personnel matters at National Nuclear Security
Administration.
Sec. 3112. Estimation of costs of meeting defense environmental cleanup
milestones required by consent orders.
Sec. 3113. Office of Cost Estimating and Program Evaluation.
Sec. 3114. Clarification of certain Stockpile Responsiveness Program
objectives.
Sec. 3115. Elimination of limitation on availability of funds relating
to submission of annual reports on unfunded priorities.
Sec. 3116. Modification to certain requirements relating to plutonium
pit production capacity.
Sec. 3117. Annual certification of shipments to Waste Isolation Pilot
Plant.
Sec. 3118. Extension and modification of pilot program on unavailability
for overhead costs of amounts specified for laboratory-
directed research and development.
Sec. 3119. Modification to limitation on availability of funds for
acceleration of nuclear weapons dismantlement.
Sec. 3120. Implementation of common financial reporting system for
nuclear security enterprise.
Sec. 3121. Limitation relating to reclassification of high-level waste.
Sec. 3122. National Laboratory Jobs ACCESS Program.
Subtitle C--Reports and Other Matters
Sec. 3131. Civil penalties for violations of certain whistleblower
protections.
Sec. 3132. Repeal of assessments of adequacy of budget requests relating
to nuclear weapons stockpile.
Sec. 3133. Repeal of requirement for review relating to enhanced
procurement authority.
Sec. 3134. Improvements to Energy Employees Occupational Illness
Compensation Program Act of 2000.
Sec. 3135. Replacement of W78 warhead.
Sec. 3136. Independent review of capabilities for detection,
verification, and monitoring of nuclear weapons and fissile
material.
Sec. 3137. Assessment of high energy density physics.
Sec. 3138. Determination of effect of treaty obligations with respect to
producing tritium.
Sec. 3139. Technical corrections to National Nuclear Security
Administration Act and Atomic Energy Defense Act.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Improvements to Defense Nuclear Facilities Safety Board.
Sec. 3203. Membership of Defense Nuclear Facilities Safety Board.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME MATTERS
Subtitle A--Maritime Administration
Sec. 3501. Authorization of the Maritime Administration.
Sec. 3502. Reauthorization of Maritime Security Program.
Sec. 3503. Maritime technical assistance program.
Sec. 3504. Appointment of candidates attending sponsored preparatory
school.
Sec. 3505. General support program.
Sec. 3506. Improvements to the maritime guaranteed loan program.
Sec. 3507. Requirement for small shipyard grantees.
Sec. 3508. Salvage recoveries of cargoes.
Sec. 3509. Salvage recoveries for subrogated ownership of vessels and
cargoes.
Sec. 3510. Maritime Occupational Safety and Health Advisory Committee.
Sec. 3511. Military to mariner.
Sec. 3512. Department of Transportation Inspector General Report.
Sec. 3513. Independent study on the United States Merchant Marine
Academy.
Sec. 3514. Port operations, research, and technology.
Sec. 3515. Assessment and report on strategic seaports.
Sec. 3516. Technical corrections.
Sec. 3517. United States Merchant Marine Academy sexual assault
prevention and response program.
Sec. 3518. Report on vessels for emerging offshore energy
infrastructure.
Sec. 3519. Report on United States flagged fuel tanker vessel capacity.
Subtitle B--Cable Security Fleet
Sec. 3521. Establishment of Cable Security Fleet.
Subtitle C--Maritime SAFE Act
Sec. 3531. Short titles.
Sec. 3532. Definitions.
Sec. 3533. Purposes.
Sec. 3534. Statement of policy.
Part I--Programs to Combat IUU Fishing and Increase Maritime Security
Sec. 3541. Coordination with international organizations.
Sec. 3542. Engagement of diplomatic missions of the United States.
Sec. 3543. Assistance by Federal agencies to improve law enforcement
within priority regions and priority flag states.
Sec. 3544. Expansion of existing mechanisms to combat IUU fishing.
Sec. 3545. Improvement of transparency and traceability programs.
Sec. 3546. Technology programs.
Sec. 3547. Savings clause.
Part II--Establishment of Interagency Working Group on IUU Fishing
Sec. 3551. Interagency Working Group on IUU Fishing.
Sec. 3552. Strategic plan.
Sec. 3553. Reports.
Sec. 3554. Gulf of Mexico IUU Fishing Subworking Group.
Part III--Combating Human Trafficking in Connection With the Catching
and Processing of Seafood Products
Sec. 3561. Finding.
Sec. 3562. Adding the Secretary of Commerce to the Interagency Task
Force to Monitor and Combat Trafficking.
Sec. 3563. Human trafficking in the seafood supply chain report.
Part IV--Authorization of Appropriations
Sec. 3571. Authorization of appropriations.
Sec. 3572. Accounting of funds.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
Sec. 4103. Procurement for emergency requirements.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas
contingency operations.
Sec. 4203. Research, development, test, and evaluation for emergency
requirements.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
Sec. 4303. Operation and maintenance for emergency requirements.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
Sec. 4603. Military construction for emergency requirements.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy national security programs.
DIVISION E--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018, 2019, AND
2020
Sec. 5001. Short title.
Sec. 5002. Subdivisions and table of contents.
Sec. 5003. Definitions.
Subdivision 1--Intelligence Authorizations for Fiscal Year 2020
Sec. 5100. Table of contents.
TITLE LI--INTELLIGENCE ACTIVITIES
Sec. 5101. Authorization of appropriations.
Sec. 5102. Classified schedule of authorizations.
Sec. 5103. Intelligence community management account.
TITLE LII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 5201. Authorization of appropriations.
TITLE LIII--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
Sec. 5301. Restriction on conduct of intelligence activities.
Sec. 5302. Increase in employee compensation and benefits authorized by
law.
Sec. 5303. Expansion of scope of protections for identities of covert
agents.
Sec. 5304. Required counterintelligence assessments, briefings,
notifications, and reports.
Sec. 5305. Inclusion of security risks in program management plans
required for acquisition of major systems in National
Intelligence Program.
Sec. 5306. Intelligence community public-private talent exchange.
Sec. 5307. Assessment of contracting practices to identify certain
security and counterintelligence concerns.
Subtitle B--Office of the Director of National Intelligence
Sec. 5321. Establishment of Climate Security Advisory Council.
Sec. 5322. Foreign Malign Influence Response Center.
Sec. 5323. Encouragement of cooperative actions to detect and counter
foreign influence operations.
Sec. 5324. Transfer of National Intelligence University to the Office of
the Director of National Intelligence.
Subtitle C--Inspector General of the Intelligence Community
Sec. 5331. Definitions.
Sec. 5332. Inspector General external review panel.
Sec. 5333. Harmonization of whistleblower processes and procedures.
Sec. 5334. Oversight by Inspector General of the Intelligence Community
over intelligence community whistleblower matters.
Sec. 5335. Report on cleared whistleblower attorneys.
Subtitle D--Central Intelligence Agency
Sec. 5341. Clarification of certain authority of the Central
Intelligence Agency.
TITLE LIV--SECURITY CLEARANCES
Sec. 5401. Improving visibility into the security clearance process.
Sec. 5402. Making certain policies and execution plans relating to
personnel clearances available to industry partners.
TITLE LV--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Matters Relating to Russia
Sec. 5501. Annual reports on influence operations and campaigns in the
United States by the Russian Federation.
Sec. 5502. Assessment of legitimate and illegitimate financial and other
assets of Vladimir Putin.
Sec. 5503. Assessments of intentions of political leadership of the
Russian Federation.
Subtitle B--Matters Relating to China
Sec. 5511. Annual reports on influence operations and campaigns in the
United States by the Communist Party of China.
Sec. 5512. Report on repression of ethnic Muslim minorities in the
Xinjiang region of the People's Republic of China.
Sec. 5513. Report on efforts by People's Republic of China to influence
election in Taiwan.
Subtitle C--Matters Relating to Other Countries
Sec. 5521. Sense of Congress and report on Iranian efforts in Syria and
Lebanon.
Sec. 5522. Assessments regarding the Northern Triangle and Mexico.
TITLE LVI--FEDERAL EFFORTS AGAINST DOMESTIC TERRORISM
Sec. 5601. Definitions.
Sec. 5602. Strategic intelligence assessment of and reports on domestic
terrorism.
TITLE LVII--REPORTS AND OTHER MATTERS
Subtitle A--Reports and Briefings
Sec. 5701. Modification of requirements for submission to Congress of
certain reports.
Sec. 5702. Increased transparency regarding counterterrorism budget of
the United States.
Sec. 5703. Study on role of retired and former personnel of intelligence
community with respect to certain foreign intelligence
operations.
Sec. 5704. Collection, analysis, and dissemination of workforce data.
Sec. 5705. Plan for strengthening the supply chain intelligence
function.
Sec. 5706. Comprehensive economic assessment of investment in key United
States technologies by companies or organizations linked to
China.
Sec. 5707. Report by Director of National Intelligence on fifth-
generation wireless network technology.
Sec. 5708. Report on use by intelligence community of facial recognition
technology.
Sec. 5709. Report on deepfake technology, foreign weaponization of
deepfakes, and related notifications.
Sec. 5710. Annual report by Comptroller General of the United States on
cybersecurity and surveillance threats to Congress.
Sec. 5711. Analysis of and periodic briefings on major initiatives of
intelligence community in artificial intelligence and machine
learning.
Sec. 5712. Report on best practices to protect privacy and civil
liberties of Chinese Americans.
Sec. 5713. Oversight of foreign influence in academia.
Sec. 5714. Report on death of Jamal Khashoggi.
Sec. 5715. Report on terrorist screening database.
Sec. 5716. Report containing threat assessment on terrorist use of
conventional and advanced conventional weapons.
Sec. 5717. Assessment of homeland security vulnerabilities associated
with certain retired and former personnel of the intelligence
community.
Sec. 5718. Study on feasibility and advisability of establishing
Geospatial-Intelligence Museum and learning center.
Subtitle B--Other Matters
Sec. 5721. Whistleblower disclosures to Congress and committees of
Congress.
Sec. 5722. Task force on illicit financing of espionage and foreign
influence operations.
Sec. 5723. Establishment of fifth-generation technology prize
competition.
Sec. 5724. Establishment of deepfakes prize competition.
Sec. 5725. Identification of and countermeasures against certain
International Mobile Subscriber Identity-catchers.
Sec. 5726. Securing energy infrastructure.
Subdivision 2--Intelligence Authorizations for Fiscal Years 2018 and
2019
Sec. 6100. Table of contents.
TITLE LXI--INTELLIGENCE ACTIVITIES
Sec. 6101. Authorization of appropriations.
Sec. 6102. Intelligence Community Management Account.
TITLE LXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 6201. Authorization of appropriations.
Sec. 6202. Computation of annuities for employees of the Central
Intelligence Agency.
TITLE LXIII--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 6301. Restriction on conduct of intelligence activities.
Sec. 6302. Increase in employee compensation and benefits authorized by
law.
Sec. 6303. Modification of special pay authority for science,
technology, engineering, or mathematics positions and addition
of special pay authority for cyber positions.
Sec. 6304. Modification of appointment of Chief Information Officer of
the Intelligence Community.
Sec. 6305. Director of National Intelligence review of placement of
positions within the intelligence community on the Executive
Schedule.
Sec. 6306. Supply Chain and Counterintelligence Risk Management Task
Force.
Sec. 6307. Consideration of adversarial telecommunications and
cybersecurity infrastructure when sharing intelligence with
foreign governments and entities.
Sec. 6308. Cyber protection support for the personnel of the
intelligence community in positions highly vulnerable to cyber
attack.
Sec. 6309. Elimination of sunset of authority relating to management of
supply-chain risk.
Sec. 6310. Limitations on determinations regarding certain security
classifications.
Sec. 6311. Joint Intelligence Community Council.
Sec. 6312. Intelligence community information technology environment.
Sec. 6313. Report on development of secure mobile voice solution for
intelligence community.
Sec. 6314. Policy on minimum insider threat standards.
Sec. 6315. Submission of intelligence community policies.
Sec. 6316. Expansion of intelligence community recruitment efforts.
TITLE LXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 6401. Authority for protection of current and former employees of
the Office of the Director of National Intelligence.
Sec. 6402. Designation of the program manager-information-sharing
environment.
Sec. 6403. Technical modification to the executive schedule.
Sec. 6404. Chief Financial Officer of the Intelligence Community.
Sec. 6405. Chief Information Officer of the Intelligence Community.
Subtitle B--Central Intelligence Agency
Sec. 6411. Central Intelligence Agency subsistence for personnel
assigned to austere locations.
Sec. 6412. Special rules for certain monthly workers' compensation
payments and other payments for Central Intelligence Agency
personnel.
Sec. 6413. Expansion of security protective service jurisdiction of the
Central Intelligence Agency.
Sec. 6414. Repeal of foreign language proficiency requirement for
certain senior level positions in the Central Intelligence
Agency.
Subtitle C--Office of Intelligence and Counterintelligence of Department
of Energy
Sec. 6421. Consolidation of Department of Energy Offices of Intelligence
and Counterintelligence.
Sec. 6422. Repeal of Department of Energy Intelligence Executive
Committee and budget reporting requirement.
Subtitle D--Other Elements
Sec. 6431. Plan for designation of counterintelligence component of
Defense Security Service as an element of intelligence
community.
Sec. 6432. Notice not required for private entities.
Sec. 6433. Establishment of advisory board for National Reconnaissance
Office.
Sec. 6434. Collocation of certain Department of Homeland Security
personnel at field locations.
TITLE LXV--ELECTION MATTERS
Sec. 6501. Report on cyber attacks by foreign governments against United
States election infrastructure.
Sec. 6502. Review of intelligence community's posture to collect against
and analyze Russian efforts to influence the Presidential
election.
Sec. 6503. Assessment of foreign intelligence threats to Federal
elections.
Sec. 6504. Strategy for countering Russian cyber threats to United
States elections.
Sec. 6505. Assessment of significant Russian influence campaigns
directed at foreign elections and referenda.
Sec. 6506. Information sharing with State election officials.
Sec. 6507. Notification of significant foreign cyber intrusions and
active measures campaigns directed at elections for Federal
offices.
Sec. 6508. Designation of counterintelligence officer to lead election
security matters.
TITLE LXVI--SECURITY CLEARANCES
Sec. 6601. Definitions.
Sec. 6602. Reports and plans relating to security clearances and
background investigations.
Sec. 6603. Improving the process for security clearances.
Sec. 6604. Goals for promptness of determinations regarding security
clearances.
Sec. 6605. Security Executive Agent.
Sec. 6606. Report on unified, simplified, Governmentwide standards for
positions of trust and security clearances.
Sec. 6607. Report on clearance in person concept.
Sec. 6608. Reports on reciprocity for security clearances inside of
departments and agencies.
Sec. 6609. Intelligence community reports on security clearances.
Sec. 6610. Periodic report on positions in the intelligence community
that can be conducted without access to classified
information, networks, or facilities.
Sec. 6611. Information-sharing program for positions of trust and
security clearances.
Sec. 6612. Report on protections for confidentiality of whistleblower-
related communications.
Sec. 6613. Reports on costs of security clearance background
investigations.
TITLE LXVII--REPORTS AND OTHER MATTERS
Subtitle A--Matters Relating to Russia and Other Foreign Powers
Sec. 6701. Limitation relating to establishment or support of
cybersecurity unit with the Russian Federation.
Sec. 6702. Assessment of threat finance relating to Russia.
Sec. 6703. Notification of an active measures campaign.
Sec. 6704. Notification of travel by accredited diplomatic and consular
personnel of the Russian Federation in the United States.
Sec. 6705. Report and annual briefing on Iranian expenditures supporting
foreign military and terrorist activities.
Sec. 6706. Expansion of scope of committee to counter active measures.
Subtitle B--Reports
Sec. 6711. Technical correction to Inspector General study.
Sec. 6712. Reports on authorities of the Chief Intelligence Officer of
the Department of Homeland Security.
Sec. 6713. Review of intelligence community whistleblower matters.
Sec. 6714. Report on role of Director of National Intelligence with
respect to certain foreign investments.
Sec. 6715. Report on surveillance by foreign governments against United
States telecommunications networks.
Sec. 6716. Biennial report on foreign investment risks.
Sec. 6717. Modification of certain reporting requirement on travel of
foreign diplomats.
Sec. 6718. Semiannual reports on investigations of unauthorized
disclosures of classified information.
Sec. 6719. Congressional notification of designation of covered
intelligence officer as persona non grata.
Sec. 6720. Reports on intelligence community participation in
vulnerabilities equities process of Federal Government.
Sec. 6721. Inspectors General reports on classification.
Sec. 6722. Reports and briefings on national security effects of global
water insecurity and emerging infectious disease and
pandemics.
Sec. 6723. Annual report on memoranda of understanding between elements
of intelligence community and other entities of the United
States Government regarding significant operational activities
or policy.
Sec. 6724. Study on the feasibility of encrypting unclassified wireline
and wireless telephone calls.
Sec. 6725. Reports on intelligence community loan repayment and related
programs.
Sec. 6726. Repeal of certain reporting requirements.
Sec. 6727. Inspector General of the Intelligence Community report on
senior executives of the Office of the Director of National
Intelligence.
Sec. 6728. Briefing on Federal Bureau of Investigation offering
permanent residence to sources and cooperators.
Sec. 6729. Intelligence assessment of North Korea revenue sources.
Sec. 6730. Report on possible exploitation of virtual currencies by
terrorist actors.
Subtitle C--Other Matters
Sec. 6741. Public Interest Declassification Board.
Sec. 6742. Technical and clerical amendments to the National Security
Act of 1947.
Sec. 6743. Bug bounty programs.
Sec. 6744. Technical amendments related to the Department of Energy.
Sec. 6745. Sense of Congress on notification of certain disclosures of
classified information.
Sec. 6746. Sense of Congress on consideration of espionage activities
when considering whether or not to provide visas to foreign
individuals to be accredited to a United Nations mission in
the United States.
Sec. 6747. Sense of Congress on WikiLeaks.
DIVISION F--OTHER MATTERS
TITLE LXXI--SANCTIONS WITH RESPECT TO NORTH KOREA
Sec. 7101. Short title.
Subtitle A--Sanctions With Respect to North Korea
Sec. 7111. Sense of Congress.
Sec. 7112. Definitions.
Part I--Expansion of Sanctions and Related Matters
Sec. 7121. Sanctions with respect to foreign financial institutions that
provide financial services to certain sanctioned persons.
Sec. 7122. Mandatory designations under North Korea Sanctions and Policy
Enhancement Act of 2016.
Sec. 7123. Extension of applicability period of proliferation prevention
sanctions.
Sec. 7124. Opposition to assistance by the international financial
institutions.
Sec. 7125. Support for capacity of the International Monetary Fund to
prevent money laundering and financing of terrorism.
Sec. 7126. Report and briefings on compliance, penalties, and technical
assistance.
Sec. 7127. Sense of Congress on identification and blocking of property
of North Korean officials.
Sec. 7128. Modification of report on implementation of United Nations
Security Council resolutions by other governments.
Sec. 7129. Report on use by the Government of North Korea of beneficial
ownership rules to access the international financial system.
Part II--Congressional Review and Oversight
Sec. 7131. Notification of termination or suspension of sanctions.
Sec. 7132. Reports on certain licensing actions.
Sec. 7133. Report and briefings on financial networks and financial
methods of the Government of North Korea.
Sec. 7134. Report on countries of concern with respect to transshipment,
reexportation, or diversion of certain items to North Korea.
Part III--General Matters
Sec. 7141. Rulemaking.
Sec. 7142. Authority to consolidate reports.
Sec. 7143. Waivers, exemptions, and termination.
Sec. 7144. Procedures for review of classified and certain other
information.
Sec. 7145. Briefing on resourcing of sanctions programs.
Sec. 7146. Briefing on proliferation financing.
Sec. 7147. Exception relating to importation of goods.
Subtitle B--Financial Industry Guidance to Halt Trafficking
Sec. 7151. Short title.
Sec. 7152. Sense of Congress.
Sec. 7153. Coordination of human trafficking issues by the Office of
Terrorism and Financial Intelligence.
Sec. 7154. Strengthening the role of anti-money laundering and other
financial tools in combating human trafficking.
Sec. 7155. Sense of Congress on resources to combat human trafficking.
TITLE LXXII--SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT
SYNTHETIC OPIOIDS
Sec. 7201. Short title.
Sec. 7202. Sense of Congress.
Sec. 7203. Definitions.
Subtitle A--Sanctions With Respect to Foreign Opioid Traffickers
Sec. 7211. Identification of foreign opioid traffickers.
Sec. 7212. Imposition of sanctions.
Sec. 7213. Description of sanctions.
Sec. 7214. Waivers.
Sec. 7215. Procedures for judicial review of classified information.
Sec. 7216. Briefings on implementation.
Sec. 7217. Inclusion of additional material in International Narcotics
Control Strategy Report.
Subtitle B--Commission on Combating Synthetic Opioid Trafficking
Sec. 7221. Commission on combating synthetic opioid trafficking.
Subtitle C--Other Matters
Sec. 7231. Director of National Intelligence program on use of
intelligence resources in efforts to sanction foreign opioid
traffickers.
Sec. 7232. Authorization of appropriations.
Sec. 7233. Regulatory authority.
Sec. 7234. Termination.
Sec. 7235. Exception relating to importation of goods.
TITLE LXXIII--PFAS
Sec. 7301. Short title.
Sec. 7302. Definition of Administrator.
Subtitle A--Drinking Water
Sec. 7311. Monitoring and detection.
Sec. 7312. Drinking water state revolving funds.
Subtitle B--PFAS Release Disclosure
Sec. 7321. Additions to toxics release inventory.
Subtitle C--USGS Performance Standard
Sec. 7331. Definitions.
Sec. 7332. Performance standard for the detection of highly fluorinated
compounds.
Sec. 7333. Nationwide sampling.
Sec. 7334. Data usage.
Sec. 7335. Collaboration.
Subtitle D--Emerging Contaminants
Sec. 7341. Definitions.
Sec. 7342. Research and coordination plan for enhanced response on
emerging contaminants.
Subtitle E--Toxic Substances Control Act
Sec. 7351. PFAS data call.
Sec. 7352. Significant new use rule for long-chain PFAS.
Subtitle F--Other Matters
Sec. 7361. PFAS destruction and disposal guidance.
Sec. 7362. PFAS research and development.
TITLE LXXIV--CAESAR SYRIA CIVILIAN PROTECTION ACT OF 2019
Sec. 7401. Short title.
Sec. 7402. Statement of policy.
Subtitle A--Additional Actions in Connection With the National Emergency
With Respect to Syria
Sec. 7411. Measures with respect to Central Bank of Syria.
Sec. 7412. Sanctions with respect to foreign persons that engage in
certain transactions.
Sec. 7413. Strategy relating to areas of Syria in which civilians are
subject to forced displacement.
Subtitle B--Assistance for the People of Syria
Sec. 7421. Sense of Congress.
Sec. 7422. Briefing on monitoring and evaluating of ongoing assistance
programs in Syria and to the Syrian people.
Sec. 7423. Assessment of potential methods to enhance the protection of
civilians.
Sec. 7424. Assistance to support entities taking actions relating to
gathering evidence for investigations into war crimes or
crimes against humanity in Syria since March 2011.
Sec. 7425. Codification of certain services in support of
nongovernmental organizations' activities authorized.
Sec. 7426. Briefing on strategy to facilitate humanitarian assistance.
Subtitle C--General Provisions
Sec. 7431. Suspension of sanctions.
Sec. 7432. Waivers and exemptions.
Sec. 7433. Implementation and regulatory authorities.
Sec. 7434. Exception relating to importation of goods.
Sec. 7435. Cost limitation.
Sec. 7436. Rule of construction.
Sec. 7437. Prohibition on construction of provisions of this title as an
authorization for use of military force.
Sec. 7438. Sunset.
TITLE LXXV--PROTECTING EUROPE'S ENERGY SECURITY
Sec. 7501. Short title.
Sec. 7502. Sense of Congress.
Sec. 7503. Imposition of sanctions with respect to provision of certain
vessels for the construction of certain Russian energy export
pipelines.
TITLE LXXVI--OTHER MATTERS
Subtitle A--Federal Employee Paid Leave Act
Sec. 7601. Short title.
Sec. 7602. Paid parental leave under title 5.
Sec. 7603. Paid parental leave for congressional employees.
Sec. 7604. Conforming amendment to Family and Medical Leave Act for GAO
and Library of Congress employees.
Sec. 7605. Clarification for members of the National Guard and Reserves.
Sec. 7606. Conforming amendment for certain TSA employees.
Subtitle B--Other Matters
Sec. 7611. Liberian refugee immigration fairness.
Sec. 7612. Pensacola Dam and Reservoir, Grand River, Oklahoma.
Sec. 7613. Limitation on certain rolling stock procurements;
cybersecurity certification for rail rolling stock and
operations.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
In this Act, the term ``congressional defense committees'' has the
meaning given that term in section 101(a)(16) of title 10, United
States Code.
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
The budgetary effects of this Act, for the purposes of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, jointly submitted for printing in the
Congressional Record by the Chairmen of the House and Senate Budget
Committees, provided that such statement has been submitted prior to
the vote on passage in the House acting first on the conference report
or amendment between the Houses.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization Of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Army Programs
Sec. 111. Authority of the Secretary of the Army to waive certain
limitations related to the Distributed Common Ground System-
Army Increment 1.
Subtitle C--Navy Programs
Sec. 121. Ford-class aircraft carrier cost limitation baselines.
Sec. 122. Modification of annual report on cost targets for certain
aircraft carriers.
Sec. 123. Refueling and complex overhauls of the U.S.S. John C. Stennis
and U.S.S. Harry S. Truman.
Sec. 124. Ford class aircraft carrier support for F-35C aircraft.
Sec. 125. Prohibition on use of funds for reduction of aircraft carrier
force structure.
Sec. 126. Modification of prohibition on availability of funds for Navy
waterborne security barriers.
Sec. 127. LHA Replacement Amphibious Assault Ship Program.
Sec. 128. Strategic sealift fleet vessel.
Sec. 129. Design and construction of amphibious transport dock
designated LPD-31.
Sec. 130. Limitation on availability of funds for the Littoral Combat
Ship.
Sec. 131. Limitation on the next new class of Navy large surface
combatants.
Sec. 132. Limitation on availability of funds pending quarterly updates
on the CH-53K King Stallion helicopter program.
Sec. 133. Limitation on availability of funds for VH-92A helicopter.
Sec. 134. Report on carrier wing and aviation combat element
composition.
Subtitle D--Air Force Programs
Sec. 141. Modification of requirement to preserve certain C-5 aircraft.
Sec. 142. OC-135B aircraft recapitalization program.
Sec. 143. Requirement to align Air Force aviation force structure with
National Defense Strategy.
Sec. 144. Prohibition on availability of funds for reduction in KC-10
primary mission aircraft inventory.
Sec. 145. Limitation on availability of funds for F-15EX aircraft.
Sec. 146. Limitation on availability of funds for VC-25B aircraft.
Sec. 147. Limitation on availability of funds for RC-26B aircraft.
Sec. 148. Limitation on availability of funds for retirement of RC-135
aircraft.
Sec. 149. Air Force aggressor squadron modernization.
Sec. 150. Air Force plan for Combat Rescue Helicopter fielding.
Sec. 151. Report on feasibility of multiyear contract for procurement of
JASSM-ER missiles.
Sec. 152. Report on aircraft fleet of the Civil Air Patrol.
Sec. 153. Sense of Congress on the light attack aircraft initiative of
the Air Force.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
Sec. 161. Economic order quantity contracting and buy-to-budget
acquisition for F-35 aircraft program.
Sec. 162. Relief from contractors for failure to deliver ready-for-issue
spare parts for the F-35 aircraft program.
Sec. 163. Limitation on availability of funds for reallocation of
Turkish F-35A aircraft to the United States.
Sec. 164. Requirement to establish the use of an Agile DevOps software
development solution as an alternative for Joint Strike
Fighter Autonomic Logistics Information System.
Sec. 165. F-35 sustainment cost.
Sec. 166. Reports on the progress and performance of the F-35 aircraft
program.
Sec. 167. Other reports on the F-35 aircraft program.
Sec. 168. Limitation on availability of funds for communications systems
lacking certain resiliency features.
Sec. 169. Repeal of tactical unmanned vehicle common data link
requirement.
Subtitle A--Authorization Of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2020
for procurement for the Army, the Navy and the Marine Corps, the Air
Force, and Defense-wide activities, as specified in the funding table
in section 4101.
Subtitle B--Army Programs
SEC. 111. AUTHORITY OF THE SECRETARY OF THE ARMY TO WAIVE CERTAIN
LIMITATIONS RELATED TO THE DISTRIBUTED COMMON GROUND SYSTEM-ARMY
INCREMENT 1.
Section 113(d) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2028) is amended by striking
``Secretary of Defense'' both places it appears and inserting
``Secretary of the Army''.
Subtitle C--Navy Programs
SEC. 121. FORD-CLASS AIRCRAFT CARRIER COST LIMITATION BASELINES.
(a) In General.--Chapter 863 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 8692. Ford-class aircraft carriers: cost limitation baselines
``(a) Limitation.--The total amounts obligated or expended from
funds authorized to be appropriated or otherwise made available for
Shipbuilding and Conversion, Navy, or for any other procurement
account, may not exceed the following amounts for the following
aircraft carriers:
``(1) $13,224,000,000 for the construction of the aircraft
carrier designated CVN-78.
``(2) $11,398,000,000 for the construction of the aircraft
carrier designated CVN-79.
``(3) $12,202,000,000 for the construction of the aircraft
carrier designated CVN-80.
``(4) $12,451,000,000 for the construction of the aircraft
carrier designated CVN-81.
``(b) Exclusion of Battle and Interim Spares From Cost
Limitation.--The Secretary of the Navy shall exclude from the
determination of the amounts set forth in subsection (a) the costs of
the following items:
``(1) CVN-78 class battle spares.
``(2) Interim spares.
``(3) Increases attributable to economic inflation after
December 1, 2018, not otherwise included in the amounts listed in
subsection (a).
``(c) Written Notice and Briefing on Change in Amount.--The
Secretary of the Navy may adjust an amount listed in subsection (a) not
fewer than 15 days after submitting written notice and providing a
briefing to the congressional defense committees, each of which shall
include the amount and rationale of any change and the resulting amount
after such change.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 863 of such title is amended by inserting after the item
relating to section 8691 the following new item:
``8692. Ford-class aircraft carriers: cost limitation baselines.''.
(c) Repeal of Superseded Provision.--Section 122 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364; 120 Stat. 2104) is repealed.
SEC. 122. 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)--
(A) by striking ``2021'' and inserting ``2032''; and
(B) 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. 123. REFUELING AND COMPLEX OVERHAULS OF THE U.S.S. JOHN C.
STENNIS AND U.S.S. HARRY S. TRUMAN.
(a) Refueling and Complex Overhaul.--The Secretary of the Navy
shall carry out the nuclear refueling and complex overhaul of the
U.S.S. John C. Stennis (CVN-74) and U.S.S. Harry S. Truman (CVN-75).
(b) Use of Incremental Funding.--With respect to any contract
entered into under subsection (a) for the nuclear refueling and complex
overhauls of the U.S.S. John C. Stennis (CVN-74) and U.S.S. Harry S.
Truman (CVN-75), the Secretary may use incremental funding for a period
not to exceed six years after advance procurement funds for such
nuclear refueling and complex overhaul effort are first obligated.
(c) Condition for Out-year Contract Payments.--Any contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for a fiscal year
after fiscal year 2020 is subject to the availability of appropriations
for that purpose for that later fiscal year.
SEC. 124. FORD CLASS AIRCRAFT CARRIER SUPPORT FOR F-35C AIRCRAFT.
Before completing the post-shakedown availability 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. 125. 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. 126. MODIFICATION OF PROHIBITION ON AVAILABILITY OF FUNDS FOR
NAVY WATERBORNE SECURITY BARRIERS.
Section 130 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232) is amended--
(1) in subsection (a) by striking ``for fiscal year 2019 may be
obligated or expended to procure legacy waterborne security
barriers for Navy ports'' and inserting ``for fiscal year 2019 or
fiscal year 2020 may be obligated or expended to procure legacy
waterborne security barriers for Navy ports, including as
replacements for legacy barriers'';
(2) in subsection (c)(1), by inserting ``of not more than 30
percent'' after ``replacement''; and
(3) by adding at the end the following new subsection:
``(d) Notification.--Not later than 15 days after an exception is
made pursuant to subsection (c)(2), the Secretary of the Navy shall
submit a written notification to the congressional defense committees
that includes--
``(1) the name and position of the government official who
determined exigent circumstances exist;
``(2) a description of the exigent circumstances; and
``(3) a description of how waterborne security will be
maintained until new waterborne security barriers are procured and
installed.''.
SEC. 127. LHA REPLACEMENT AMPHIBIOUS ASSAULT SHIP PROGRAM.
(a) Authority to Use Incremental Funding.--The Secretary of the
Navy may enter into and incrementally fund a contract for detail design
and construction of the LHA replacement ship designated LHA 9 and,
subject to subsection (b), funds for payments under the contract may be
provided from amounts authorized to be appropriated for the Department
of Defense for Shipbuilding and Conversion, Navy, for fiscal years 2019
through 2025.
(b) Condition for Out-year Contract Payments.--A contract entered
into under subsection (a) shall provide that any obligation of the
United States to make a payment under the contract for any subsequent
fiscal year is subject to the availability of appropriations for that
purpose for such subsequent fiscal year.
(c) Repeal of Obsolete Authority.--Section 125 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364; 120 Stat. 2106) is repealed.
SEC. 128. STRATEGIC SEALIFT FLEET VESSEL.
(a) In General.--Subject to the availability of appropriations, the
Secretary of the Navy shall seek to enter into a contract for the
construction of one sealift vessel.
(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 may 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 may seek to enter
into a contract or other agreement with a private-sector entity
under which the entity may act as executive agent for the Secretary
for purposes of the contract under subsection (a).
(2) Responsibilities.--The executive agent described in
paragraph (1) may 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 pursuant to the contract
entered into under subsection (a).
SEC. 129. 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. 130. LIMITATION ON AVAILABILITY OF FUNDS FOR THE LITTORAL
COMBAT SHIP.
(a) Limitations.--None of the funds authorized to be appropriated
by this Act for fiscal year 2020 for the Department of Defense may be
used to exceed, and the Department may not otherwise exceed, the total
procurement quantity of thirty-five Littoral Combat Ships, unless the
Under Secretary of Defense for Acquisition and Sustainment submits to
the congressional defense committees the certification described in
subsection (b).
(b) Certification.--The certification described in this subsection
is a certification by the Under Secretary that awarding a contract for
the procurement of a Littoral Combat Ship that exceeds the total
procurement quantity listed in revision five of the Littoral Combat
Ship acquisition strategy--
(1) is in the national security interests of the United States;
(2) will not result in exceeding the low-rate initial
production quantity approved in the Littoral Combat Ship
acquisition strategy in effect as of the date of the certification;
and
(3) is necessary to maintain a full and open competition for
the Guided Missile Frigate (FFG(X)) with a single source award in
fiscal year 2020.
SEC. 131. LIMITATION ON THE NEXT NEW CLASS OF NAVY LARGE SURFACE
COMBATANTS.
(a) In General.--Milestone B approval may not be granted for the
next new class of Navy large surface combatants unless the class of
Navy large surface combatants incorporates prior to such approval--
(1) design changes identified during the full duration of the
combat system ship qualification trials and operational test
periods of the first Arleigh Burke-class destroyer in the Flight
III configuration to complete such events; and
(2) final results of test programs of engineering development
models or prototypes for critical systems specified by the Senior
Technical Authority pursuant to section 8669b of title 10, United
States Code, as added by section 1034 of this Act, in their final
form, fit, and function and in a realistic environment, which shall
include a land-based engineering site for the propulsion system.
(b) Limitation.--The Secretary of the Navy may not release a detail
design or construction request for proposals or obligate funds from the
Shipbuilding and Conversion, Navy account for the next new class of
Navy large surface combatants until the class of Navy large surface
combatants receives Milestone B approval and the milestone decision
authority notifies the congressional defense committees, in writing, of
the actions taken to comply with the requirements under subsection (a).
(c) Definitions.--In this section:
(1) The term ``Milestone B approval'' has the meaning given the
term in section 2366(e)(7) of title 10, United States Code.
(2) The term ``milestone decision authority'' means the
official within the Department of Defense designated with the
overall responsibility and authority for acquisition decisions for
the program, including authority to approve entry of the program
into the next phase of the acquisition process.
(3) The term ``large surface combatants'' means Navy surface
ships that are designed primarily to engage in attacks against
airborne, surface, subsurface, and shore targets, excluding
frigates and littoral combat ships.
SEC. 132. 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 30 days after the
date of the enactment of this Act, and on a quarterly basis
thereafter through the end of fiscal year 2022, the Secretary of
the Navy shall provide to the Committees on Armed Services of the
Senate and 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 that 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. 133. 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 80 percent may be obligated or
expended until the date on which the Secretary of Navy submits to the
Committees on Armed Services of the Senate and the House of
Representatives the report required under subsection (b).
(b) Report Required.--The Secretary of the Navy shall submit to the
Committees on Armed Services of the Senate and 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 potential changes to the program
manufacturing base;
(2) the estimated costs and assessment of cost risk to the
program due to potential 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 any 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. 134. REPORT ON CARRIER WING AND AVIATION COMBAT ELEMENT
COMPOSITION.
(a) In General.--Not later than May 1, 2020, the Secretary of the
Navy shall submit to the congressional defense committees a report on
the optimal composition of the carrier air wing (CVW) on aircraft
carriers and aviation combat element (ACE) embarked on amphibious ships
in 2030 and 2040, including alternative force design concepts.
(b) Elements.--The report required under subsection (a) shall
include the following elements for the CVW and ACE:
(1) Analysis and justification for the Department of the Navy's
stated goal of a 50/50 mix of 4th and 5th generation aircraft for
2030.
(2) Analysis and justification for an optimal mix of aircraft
for 2040.
(3) A plan for incorporating unmanned aerial vehicles and
associated communication capabilities to effectively implement the
future force design.
(4) Analysis of the support equipment requirement for each
aircraft type and the space needed to accommodate such equipment.
(5) A description of existing and potential ship designs or
design changes that would enable greater commonality and
interoperability of embarked naval aircraft, including aircraft
arresting gear and launch catapults.
(c) Briefing.--Not later than March 1, 2020, the Secretary of the
Navy shall provide the congressional defense committees a briefing on
the report required under subsection (a).
Subtitle D--Air Force Programs
SEC. 141. 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 inserting
``until the date that is 30 days after the date on which the final
report and briefing required under section 1712(c)(2) of the
National Defense Authorization Act for Fiscal Year 2020 have each
been 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. 142. OC-135B AIRCRAFT RECAPITALIZATION PROGRAM.
The Secretary of the Air Force shall ensure that any request for
proposals for the procurement of an OC-135B aircraft under a
recapitalization program for such aircraft meets the requirements for
full and open competition as set forth in section 2304 of title 10,
United States Code, and includes, as part of such request for
proposals, consideration of proposals for the provision of new
production aircraft and recently manufactured aircraft.
SEC. 143. REQUIREMENT TO ALIGN AIR FORCE AVIATION FORCE STRUCTURE
WITH NATIONAL DEFENSE STRATEGY.
(a) Required Submission of Strategy.--Not later than March 1, 2020,
the Secretary of the Air Force shall submit to the congressional
defense committees an aviation force structure acquisition strategy
that aligns with the stated capability and capacity requirements of the
Department of the Air Force to meet the National Defense Strategy.
(b) Alignment With Strategy.--The Secretary of the Air Force may
not deviate from the strategy submitted under subsection (a) until--
(1) the Secretary receives a waiver from the Secretary of
Defense, in consultation with the Chairman of the Joint Chiefs of
Staff; and
(2) the Secretary of Defense provides the congressional defense
committees with the waiver approval documentation.
SEC. 144. 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. 145. LIMITATION ON AVAILABILITY OF FUNDS FOR F-15EX 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 procure any F-15EX aircraft, other than the first two
prototypes of such aircraft, until a period of 15 days has elapsed
following the date on which the Secretary of the Air Force submits to
the congressional defense committees a report on the following topics
relating to the F-15EX program:
(1) Acquisition strategy.
(2) Cost and schedule estimates.
(3) Test and evaluation strategy.
(4) Logistics strategy.
(5) Post-production fielding strategy.
(b) Exception for Long-lead Items.--
(1) In general.--Notwithstanding subsection (a), the Secretary
of the Air Force may use the funds described in paragraph (2) to
procure long-lead items for up to six additional F-15EX aircraft
beyond the first two prototypes of such 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.
(c) 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 21, United
States Code).
SEC. 146. LIMITATION ON AVAILABILITY OF FUNDS FOR VC-25B 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 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 a period of 30 days has elapsed following
the date on which the Secretary of the Air Force notifies the
congressional defense committees of the intent of the Secretary to
authorize such work.
(b) Exception.--The limitation under subsection (a) shall not apply
to over and above work carried out--
(1) to repair or replace items damaged during the testing of
the VC-25B aircraft; or
(2) to make changes necessary to meet operational requirements.
(c) Definitions.--In this section:
(1) The term ``operational requirements'' means any of the
operational requirements for the VC-25B aircraft described in the
capability development document or the system requirements document
for the Presidential Aircraft Recapitalization Program.
(2) The term ``over and above work'' means work performed
pursuant to line 0012 (CLIN 0012) of the contract for Presidential
Aircraft Recapitalization entered into between the Department of
the Air Force and the Boeing Company (contract number FA8625-16-C-
6599).
SEC. 147. LIMITATION ON AVAILABILITY OF FUNDS FOR RC-26B 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, divest, realign, or place in storage or on backup
aircraft inventory status, or prepare to retire, divest, realign, or
place in storage or backup inventory status, any RC-26B aircraft until
the date on which the Secretary of the Air Force submits to the
congressional defense committees--
(1) the report required under subsection (c); and
(2) the certification required under subsection (d).
(b) Exception.--The limitation in subsection (a) shall not apply to
individual RC-26B aircraft that the Secretary of the Air Force
determines, on a case-by-case basis, to be no longer mission capable
because of mishaps or other damage.
(c) Report Required.--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 that includes the
following:
(1) A survey of any requirements for the Air Force to provide
intelligence, surveillance, and reconnaissance support to other
military forces and civil authorities that the Air Force and the
Air National Guard meet using the RC-26B aircraft.
(2) An assessment of the extent to which such requirements are
appropriate for the Air Force to fulfill.
(3) The manner in which the Secretary would meet such
requirements if the RC-26B aircraft were to be retired.
(4) A comparison of costs and effectiveness of alternative
means of providing intelligence, surveillance, and reconnaissance
support to other military forces and civil authorities.
(5) An assessment of the utility of entering into one or more
memoranda of agreement with other military forces and civil
authorities to govern the process for providing intelligence,
surveillance, and reconnaissance support to those forces and
authorities.
(d) Certification Required.--Not later than 60 days after the date
on which the Secretary of the Air Force submits the report required
under subsection (c), the Secretary shall certify to the congressional
defense committees--
(1) whether there are requirements for the Air Force to provide
intelligence, surveillance, and reconnaissance support to other
military forces and civil authorities that the Air Force meets
using the RC-26B aircraft; and
(2) whether the Secretary has identified methods of meeting
such requirements that are more effective and more efficient than
meeting such requirements through the use of the RC-26B aircraft.
SEC. 148. 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. 149. AIR FORCE AGGRESSOR SQUADRON MODERNIZATION.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is critical that the Air Force has the capability to
train against an advanced air adversary in order to be prepared for
conflicts against a modern enemy force, and that in order to have
this capability, the Air Force must have access to an advanced
adversary force prior to United States adversaries fielding a 5th-
generation operational capability; and
(2) the Air Force's plan to use low-rate initial production F-
35As as aggressor aircraft reflects a recognition of the need to
field a modernized aggressor fleet.
(b) Report.--
(1) In general.--The Secretary of the Air Force may not
transfer any low-rate initial production F-35 aircraft for use as
aggressor aircraft until the Chief of Staff of the Air Force
submits to the congressional defense committees a comprehensive
plan and report on the strategy for modernizing its organic
aggressor fleet.
(2) Elements.--The report required under paragraph (1) shall
include the following elements:
(A) Potential locations for F-35A aggressor aircraft,
including an analysis of installations that--
(i) have the size and availability of airspace
necessary to meet flying operations requirements;
(ii) have sufficient capacity and availability of range
space;
(iii) are capable of hosting advanced-threat training
exercises; and
(iv) meet or require minimal addition to the
environmental requirements associated with the basing
action.
(B) An analysis of the potential cost and benefits of
expanding aggressor squadrons currently operating 18 Primary
Assigned Aircraft (PAA) to a level of 24 PAA each.
(C) An analysis of the cost and timelines associated with
modernizing the current Air Force aggressor squadrons to
include upgrading aircraft radar, infrared search-and-track
systems, radar warning receiver, tactical datalink, threat-
representative jamming pods, and other upgrades necessary to
provide a realistic advanced adversary threat.
SEC. 150. AIR FORCE PLAN FOR COMBAT RESCUE HELICOPTER FIELDING.
(a) Sense of Congress.--It is the sense of Congress that, given
delays to Operational Loss Replacement (OLR) program fielding and the
on-time fielding of Combat Rescue Helicopter (CRH), the Air National
Guard should retain additional HH-60G helicopters at Air National Guard
locations to meet their recommended primary aircraft authorized (PAA)
per the Air Force's June 2018 report on Air National Guard HH-60
requirements.
(b) Report on Fielding Plan.--
(1) In general.--Not later than 45 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 its fielding
plan for the CRH program.
(2) Elements.--The report required under paragraph (1) shall
include the following elements:
(A) A description of the differences in capabilities
between the HH-60G, OLR, and CRH helicopters.
(B) A description of the costs and risks associated with
changing the CRH fielding plan to reduce or eliminate inventory
shortfalls.
(C) A description of the measures for accelerating the
program available within the current contract.
(D) A description of the operational risks and benefits
associated with fielding the CRH to the active component first,
including--
(i) how the differing fielding plan may affect
deployment schedules;
(ii) what capabilities active-component units deploying
with the CRH will have that reserve component units
deploying with OLR will not; and
(iii) an analysis of the potential costs and benefits
that could result from accelerating CRH fielding to all
units through additional funding in the future years
defense program.
(c) Report on Training Plan.--
(1) In general.--Not later than 45 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 plan to
sustain training for initial-entry reserve component HH-60G pilots
once the active component of the Air Force has received all of its
CRH helicopters.
(2) Elements.--The report required under paragraph (1) shall
include the following elements:
(A) Projected reserve component aircrew initial HH-60G/OLR
qualification training requirements, by year.
(B) The number of legacy HH-60G/OLR helicopters required to
continue providing initial HH-60G qualification training
through the 150th Special Operations Wing at Kirtland Air Force
Base.
(C) The number of personnel required to continue providing
initial HH-60G/OLR qualification training through the 150th
Special Operations Wing at Kirtland Air Force Base.
(D) The number of flying hours required per pilot to
perform ``differences training'' at home station for initial
entry HH-60 pilots receiving CRH training at Kirtland Air Force
Base to become qualified in the HH-60G/OLR at their home
station.
(E) The projected effect of using local flying training
hours at reserve component units on overall unit training
readiness and ability to meet Ready Aircrew Program
requirements.
SEC. 151. REPORT ON FEASIBILITY OF MULTIYEAR CONTRACT FOR
PROCUREMENT OF JASSM-ER MISSILES.
(a) In General.--Not later than March 31, 2020, the Secretary of
the Air Force shall submit a report to the congressional defense
committees assessing the feasibility of entering into a multiyear
contract for procurement of JASSM-ER missiles starting in fiscal year
2022.
(b) Elements.--The report required under subsection (a) shall
include the following elements:
(1) An initial assessment of cost savings to the Air Force from
a multiyear contract.
(2) An analysis of at least two different multiyear contract
options that vary in either duration or quantity, at least one of
which assumes a maximum procurement of 550 missiles per year for 5
years.
(3) An assessment of how a multiyear contract will impact the
industrial base.
(4) An assessment of how a multiyear contract will impact the
Long Range Anti-Ship Missile.
(5) An assessment of how a multiyear contract will impact the
ability of the Air Force to develop additional capabilities for the
JASSM-ER missile.
SEC. 152. 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. 153. SENSE OF CONGRESS ON THE LIGHT ATTACK AIRCRAFT INITIATIVE
OF THE AIR FORCE.
It is the sense of the Congress that--
(1) The United States Special Operations Command has a mission
requirement to support foreign internal defense training and a
light attack aircraft platform could potentially facilitate meeting
that requirement.
(2) The Secretary of the Air Force should coordinate with the
Commander of the United States Special Operations Command to assess
how general purpose forces and special operations forces can
leverage the light attack aircraft phase three experimentation
activities of the Air Force.
(3) The Secretary of the Air Force, in coordination with the
Commander of the United States Special Operations Command, should
explore options for coordinating light attack aircraft experiment
activities between general purpose forces and special operations
forces to maximize efficiency and effectiveness and to further the
mission requirements of both forces, including options to transfer
a portion of funds authorized for Air Force light attack aircraft
experiments to procure aircraft for supporting the combat air
advisor mission of the Special Operations Command.
Subtitle E--Defense-wide, Joint, and Multiservice Matters
SEC. 161. 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 (4), from
amounts made available for obligation under the F-35 aircraft
program, 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.--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.
(b) Buy-to-budget Acquisition.--Subject to section 2308 of title
10, United States Code, the Secretary of Defense may procure a quantity
of F-35 aircraft in excess of the quantity authorized by this Act.
SEC. 162. RELIEF FROM CONTRACTORS FOR FAILURE TO DELIVER READY-FOR-
ISSUE SPARE PARTS FOR THE F-35 AIRCRAFT PROGRAM.
(a) Requirement to Seek Relief.--Consistent with the findings and
recommendations of the Inspector General of the Department of Defense
in the report titled ``Audit of F-35 Ready-For-Issue Spare Parts and
Sustainment Performance Incentive Fees'' (DODIG-2019-094) and dated
June 13, 2019, the Secretary of Defense shall seek relief, as described
in subsection (b), from prime contractors that delivered noncompliant
ready-for-issue spare parts pursuant a contract under the F-35 aircraft
program.
(b) Relief Described.--The relief sought by the Secretary of
Defense under subsection (a) may include the following:
(1) Specific performance.
(2) Compensation for costs incurred by the Department of
Defense as a result of the contractor's failure to deliver
compliant ready-for-issue spare parts under the contract.
(3) Any other form of remediation or compensation the Secretary
determines to be appropriate.
(c) Rule of Construction.--Nothing in this section shall be
construed--
(1) to alter the terms of a contract under the F-35 aircraft
program; or
(2) to authorize the Secretary of Defense to seek forms of
relief beyond those otherwise available under law.
SEC. 163. LIMITATION ON AVAILABILITY OF FUNDS FOR REALLOCATION OF
TURKISH F-35A AIRCRAFT TO THE UNITED STATES.
(a) Limitation.--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 a covered F-35A aircraft
for the United States Air Force until a period of 15 days has elapsed
following the date on which the Secretary of Defense certifies to the
congressional defense committees that--
(1) ancillary mission equipment, initial spare parts and
materials, technical data, and publications will be procured for
each covered F-35A aircraft delivered to the Air Force; and
(2) each such aircraft will be delivered to the Air Force in a
common configuration that may be operated and integrated within the
fleet of F-35A aircraft of the Air Force.
(b) Covered F-35A Aircraft Defined.--In this section, the term
``covered F-35A aircraft'' means an F-35A aircraft previously procured
by or on behalf of the Government of the Republic of Turkey in F-35
production lot 12, 13, or 14.
SEC. 164. REQUIREMENT TO ESTABLISH THE USE OF AN AGILE DEVOPS
SOFTWARE DEVELOPMENT SOLUTION AS AN ALTERNATIVE FOR JOINT STRIKE
FIGHTER AUTONOMIC LOGISTICS INFORMATION SYSTEM.
(a) Competitive Analysis.--The Secretary of Defense shall conduct a
competitive analysis of the performance and design architecture
enhancement efforts between the currently fielded Autonomic logistics
Information System, Autonomic Logistics Information System-Next, and
the Department of the Air Force Agile Development Operations Madhatter
initiative efforts, including system technology transition
opportunities and timelines.
(c) Briefing.--Not later than September 30, 2020, the Secretary of
Defense shall provide the congressional defense committees a briefing
on the findings of the competitive analysis carried out under
subsection (a).
SEC. 165. F-35 SUSTAINMENT COST.
(a) Quarterly Update.--The Under Secretary of Defense for
Acquisition and Sustainment shall include in the quarterly report
required under section 155 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)--
(1) sustainment cost data related to the F-35 program,
including a comparison in itemized format of the cost of legacy
aircraft and the cost of the F-35 program, based on a standardized
set of criteria; and
(2) an evaluation and metrics on the extent to which the goals
developed pursuant to subsection (b) are being achieved.
(b) Cost Reduction Plan.--
(1) In general.--The Under Secretary of Defense for Acquisition
and Sustainment shall develop and implement a plan for achieving
significant reductions in the costs to operate, maintain, and
sustain the F-35 system.
(2) Elements.--The plan required under paragraph (1) shall
include the following elements:
(A) Specific changes in the management and execution of
operation and support (O&S) cost elements to engender
continuous and measurable process improvements.
(B) Specific actions the Department will implement in the
near, mid, and long terms to reduce O&S costs.
(C) Firm and achievable timelines for implementing the
specific actions and process changes.
(3) Report.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary shall submit to the
congressional defense committees a report on the baseline plan
developed pursuant to paragraph (1).
SEC. 166. REPORTS ON THE PROGRESS AND PERFORMANCE OF THE F-35
AIRCRAFT PROGRAM.
(a) F-35 Block 4 and Continuous Capability Development and Delivery
Program.--The Secretary of Defense shall include with the annual report
required by section 224(d) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2059) an integrated
master schedule and past performance assessment for each planned phase
of the F-35 Block 4 Upgrade and Continuous Capability Development and
Delivery Program.
(b) 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 progress and results of the F-35 Block 4 Upgrade
and Continuous Capability Development and Delivery Program and
other follow-on modernization development and testing efforts.
(C) An assessment of the Department's schedule for
delivering software upgrades in six-month, scheduled
increments.
(D) The progress and results of any other significant
hardware development and fielding efforts necessary for the F-
35 Block 4 Upgrade and Continuous Capability Development and
Delivery Program.
(E) Any other issues the Comptroller General determines to
be appropriate.
(c) F-35 Block 4 Defined.--In this section, the term ``F-35 Block 4
Upgrade and Continuous Capability Development and Delivery Program''
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. 167. OTHER REPORTS ON THE 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 Upgrade and Continuous Capability
Development and Delivery Program.--
(1) In general.--The Secretary of Defense shall submit to the
congressional defense committees a report on the F-35 Block 4
Upgrade and Continuous Capability Development and Delivery Program.
The report shall include the following:
(A) The results of the independent cost estimate for the
Program conducted by the Director of Cost Assessment and
Program Evaluation.
(B) An approved test and evaluation master plan that
addresses the adequacy of testing resources, testing aircraft
shortfalls, and testing funding.
(C) A review of the feasibility and schedule of the
continuous capability development and delivery strategy for
fielding technologies under the Program as 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 Upgrade and Continuous Capability Development and Delivery
Program'' has the meaning given that term in section 166.
(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) F-35 Life-cycle 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.
(e) Deadline for Submittal.--The reports required under subsections
(a) through (d) shall be submitted to the congressional defense
committees not later than 180 days after the date of the enactment of
this Act.
SEC. 168. LIMITATION ON AVAILABILITY OF FUNDS FOR COMMUNICATIONS
SYSTEMS LACKING CERTAIN RESILIENCY FEATURES.
(a) In General.--Except as provided under subsection (b), 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 for the procurement of a current or future
Department of Defense communications program of record, and the
Department may not otherwise procure a current or future communications
program of record, unless the communications equipment--
(1) mitigates geolocation of a transmission that would allow a
like echelon enemy force to target the user;
(2) securely communicates classified information in a contested
communications environment that includes operationally
representative jamming;
(3) reduces, within two years of continued development and
upgrades, electronic signature and susceptibility to geolocation by
using low probability of intercept/detect (LPI/LPD) waveforms, or
other capability that would provide the same resiliency on the
battlefield; and
(4) utilizes a waveform that is either made available through
the Department of Defense Waveform Information Repository, or is a
commercial off the shelf (COTS) waveform available for government
licensing with waveform analysis through the Joint Tactical
Networking Center (JTNC) Tactical Communications Marketplace.
(b) Waiver.--The Secretary of a military department may waive the
requirement under subsection (a) with respect to a communications
system upon certifying to the congressional defense committees that the
system's intended use is not for contested environments or will meet
the requirement when operated as a component of an integrated network.
SEC. 169. REPEAL OF TACTICAL UNMANNED VEHICLE COMMON DATA LINK
REQUIREMENT.
(a) Report Required.--
(1) In general.--Not later than February 1, 2020, the Under
Secretary of Defense for Acquisition and Sustainment shall submit
to the congressional defense committees a report on the status of
the Common Data Link program and plans to meet new and emerging
manned and unmanned intelligence, surveillance, and reconnaissance
(ISR) vehicle secure and interoperable communication requirements.
(2) Elements.--The report required under paragraph (1) shall
include the following elements:
(A) A description of each Common Data Link (CDL) waveform
in use and which platforms or systems utilize each CDL
waveform.
(B) A list of manned and unmanned ISR platforms or systems
in development requiring networked, secure, low latency
communications, and an assessment of the suitability of CDL to
meet the requirements of each planned program.
(C) A description of in-progress or planned technology
development efforts to address networking requirements for
manned and unmanned ISR systems operating in contested and
denied environments.
(b) Repeal.--Section 157 of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1667) is hereby
repealed.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Program on enhancement of preparation of dependents of members
of Armed Forces for careers in science, technology,
engineering, and mathematics.
Sec. 212. Updates to the Department of Defense personnel management
authority to attract experts in science and engineering.
Sec. 213. Establishment of joint reserve detachment of the Defense
Innovation Unit.
Sec. 214. Research and educational programs and activities for
Historically Black Colleges and Universities and Minority-
Serving Institutions of Higher Education.
Sec. 215. Modification of authority for prizes for advanced technology
achievements.
Sec. 216. Joint hypersonics transition office.
Sec. 217. Modification of proof of concept commercialization program.
Sec. 218. Modification of authority and addition of technology areas for
expedited access to technical talent.
Sec. 219. Expansion of coordination in support of national security
innovation and entrepreneurial education.
Sec. 220. Modification of defense quantum information science and
technology research and development program.
Sec. 221. Understanding of investments in artificial intelligence and
development of capabilities by adversaries.
Sec. 222. Advisory role of JASON scientific advisory group.
Sec. 223. Direct Air Capture and Blue Carbon Removal Technology Program.
Sec. 224. Requiring defense microelectronics products and services meet
trusted supply chain and operational security standards.
Sec. 225. Development and acquisition strategy to procure secure, low
probability of detection data link network capability.
Sec. 226. Establishment of secure next-generation wireless network (5G)
infrastructure for the Nevada Test and Training Range and base
infrastructure.
Sec. 227. Administration of manufacturing innovation institutes funded
by the Department of Defense.
Sec. 228. Research program on foreign malign influence operations.
Sec. 229. Diversification of the research and engineering workforce of
the Department of Defense.
Sec. 230. Policy on the talent management of digital expertise and
software professionals.
Sec. 231. Digital engineering capability to automate testing and
evaluation.
Sec. 232. Process to align policy formulation and emerging technology
development.
Sec. 233. Improvement of the Strategic Capabilities Office of the
Department of Defense.
Sec. 234. Pilot program on enhanced civics education.
Sec. 235. Technology and national security fellowship.
Sec. 236. Documentation relating to the Advanced Battle Management
System.
Sec. 237. Sensor data integration for fifth generation aircraft.
Sec. 238. Sense of Congress on future vertical lift technologies.
Sec. 239. Use of funds for Strategic Environmental Research Program,
Environmental Security Technical Certification Program, and
Operational Energy Capability Improvement.
Sec. 240. Limitation and report on Indirect Fire Protection Capability
Increment 2 capability.
Subtitle C--Plans, Reports, and Other Matters
Sec. 251. Master plan for implementation of authorities relating to
science and technology reinvention laboratories.
Sec. 252. Infrastructure to support research, development, test, and
evaluation missions.
Sec. 253. Energetics plan.
Sec. 254. Strategy and implementation plan for fifth generation
information and communications technologies.
Sec. 255. Department-wide software science and technology strategy.
Sec. 256. Artificial intelligence education strategy.
Sec. 257. Cyber science and technology activities roadmap and reports.
Sec. 258. Report on B-52 commercial engine replacement program.
Sec. 259. Commercial edge computing technologies and best practices for
Department of Defense warfighting systems.
Sec. 260. Biannual report on the Joint Artificial Intelligence Center.
Sec. 261. Quarterly updates on the Optionally Manned Fighting Vehicle
program.
Sec. 262. National Study on Defense Research At Historically Black
Colleges and Universities and Other Minority Institutions.
Sec. 263. Study on national security emerging biotechnologies for the
Department of Defense.
Sec. 264. Independent study on optimizing resources allocated to
Combating Terrorism Technical Support Office.
Sec. 265. Independent assessment of electronic warfare plans and
programs.
Sec. 266. Technical correction to Global Research Watch Program.
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2020
for the use of the Department of Defense for research, development,
test, and evaluation, as specified in the funding table in section
4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. PROGRAM ON ENHANCEMENT OF PREPARATION OF DEPENDENTS OF
MEMBERS OF ARMED FORCES FOR CAREERS IN SCIENCE, TECHNOLOGY,
ENGINEERING, AND MATHEMATICS.
(a) Program Required.--Chapter 111 of title 10, United States Code,
is amended by inserting after section 2192a the following new section:
``Sec. 2192b. Program on enhancement of preparation of dependents of
members of armed forces for careers in science, technology,
engineering, and mathematics
``(a) Program Required.--The Secretary of Defense shall carry out a
program to--
``(1) enhance the preparation of students at covered schools
for careers in science, technology, engineering, and mathematics;
and
``(2) provide assistance to teachers at covered schools to
enhance preparation described in paragraph (1).
``(b) Coordination.--In carrying out the program, the Secretary
shall coordinate with the following:
``(1) The Secretaries of the military departments.
``(2) The Secretary of Education.
``(3) The National Science Foundation.
``(4) Other organizations as the Secretary of Defense considers
appropriate.
``(c) Activities.--Activities under the program may include the
following:
``(1) Establishment of targeted internships and cooperative
research opportunities at defense laboratories and other technical
centers for students and teachers at covered schools.
``(2) Establishment of scholarships and fellowships for
students at covered schools.
``(3) Efforts and activities that improve the quality of
science, technology, engineering, and mathematics educational and
training opportunities for students and teachers at covered
schools, including with respect to improving the development of
curricula at covered schools.
``(4) Development of travel opportunities, demonstrations,
mentoring programs, and informal science education for students and
teachers at covered schools.
``(d) Metrics.--The Secretary shall establish outcome-based metrics
and internal and external assessments to evaluate the merits and
benefits of activities conducted under the program with respect to the
needs of the Department of Defense.
``(e) Covered Schools Defined.--In this section, the term `covered
schools' means elementary or secondary schools at which the Secretary
determines a significant number of dependents of members of the armed
forces are enrolled.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2192a the following new item:
``2192b. Program on enhancement of preparation of dependents of members
of armed forces for careers in science, technology,
engineering, and mathematics.''.
(c) Conforming Repeal.--Section 233 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291; 10 U.S.C. 2193a note) is repealed.
SEC. 212. UPDATES TO THE DEPARTMENT OF DEFENSE 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, or the
Joint Artificial Intelligence Center''.
(d) Update to Organizational Name.--Such section is further
amended--
(1) in subsection (a)(5)--
(A) in the subsection heading by striking ``DIUX'' and
inserting ``DIU''; and
(B) by striking ``Experimental''; and
(2) in subsection (b)(1)(E), by striking ``Experimental''.
SEC. 213. ESTABLISHMENT OF JOINT RESERVE DETACHMENT OF THE DEFENSE
INNOVATION UNIT.
(a) In General.--
(1) Establishment of joint reserve detachment of the defense
innovation unit.--Chapter 139 of title 10, United States Code, is
amended by inserting after section 2358a the following new section:
``Sec. 2358b. Joint reserve detachment of the Defense Innovation Unit
``(a) Establishment.--The Secretary of Defense, in consultation
with the Secretaries of the military departments, may establish a joint
reserve detachment (referred to in this section as the `Detachment')
composed of members of the reserve components described in subsection
(b) to be assigned to each office of the Defense Innovation Unit to--
``(1) support engagement and collaboration with private-sector
industry and the community surrounding the location of such office;
and
``(2) to accelerate the use and adoption of commercially-
developed technologies for national security purposes.
``(b) Members.--Each Secretary of a military department shall
select for the Detachment, and make efforts to retain, members of the
reserve components who possess relevant private-sector experience in
the fields of business, acquisition, intelligence, engineering,
technology transfer, science, mathematics, program management,
logistics, cybersecurity, or such other fields as determined by the
Under Secretary of Defense for Research and Engineering.
``(c) Duties.--The Detachment shall have the following duties:
``(1) Providing the Department of Defense with--
``(A) expertise on and analysis of commercially-developed
technologies;
``(B) commercially-developed technologies to be used as
alternatives for technologies in use by the Department; and
``(C) opportunities for greater engagement and
collaboration between the Department and private-sector
industry on innovative technologies.
``(2) On an ongoing basis--
``(A) partnering with the military departments, the
combatant commands, and other Department of Defense
organizations to--
``(i) identify and rapidly prototype commercially-
developed technologies; and
``(ii) use alternative contracting mechanisms to
procure such technologies;
``(B) increasing awareness of--
``(i) the work of the Defense Innovation Unit; and
``(ii) the technology requirements of the Department of
Defense as identified in the National Defense Science and
Technology Strategy developed under section 218 of the John
S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 132 Stat. 1679); and
``(C) using the investment in research and development made
by private-sector industry in assessing and developing dual-use
technologies.
``(3) Carrying out other activities as directed by the Under
Secretary of Defense for Research and Engineering.
``(d) Joint Duty.--Assignment to a Detachment shall not qualify as
a joint duty assignment, as defined in section 668(b)(1) of title 10,
United States Code, unless approved by the Secretary of Defense.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by inserting after the item relating to
section 2358a the following new item:
``2358b. Joint reserve detachment of the Defense Innovation Unit.''.
(b) Implementation Report.--Not later than 120 days after the date
of the enactment of this Act, the Under Secretary of Defense for
Research and Engineering, in consultation with the Director of the
Defense Innovation Unit and the Secretaries of the military
departments, shall submit to the congressional defense committees a
report that includes--
(1) an organizational plan and the estimated costs for
establishing the joint reserve detachment required under section
2358b of title 10, United States Code (as added by subsection (a));
and
(2) a timeline specifying when such detachment will attain
initial operational capability and full operational capability,
respectively.
SEC. 214. RESEARCH AND EDUCATIONAL PROGRAMS AND ACTIVITIES FOR
HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND MINORITY-SERVING
INSTITUTIONS OF HIGHER EDUCATION.
Section 2362 of title 10, United States Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections (e)
and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Incentives.--The Secretary of Defense may develop incentives
to encourage research and educational collaborations between covered
educational institutions and other institutions of higher education.''.
SEC. 215. MODIFICATION OF AUTHORITY FOR PRIZES FOR ADVANCED
TECHNOLOGY ACHIEVEMENTS.
Section 2374a(a) of title 10, United States Code, is amended by
striking ``Assistant Secretary of Defense for Research and
Engineering'' and inserting ``Under Secretary of Defense for Research
and Engineering, the Under Secretary of Defense for Acquisition and
Sustainment,''.
SEC. 216. 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 (b) through (f), and shall'';
(2) by redesignating subsections (c) through (e) as subsections
(d) through (f), respectively;
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) University Expertise.--
``(1) Arrangement with institutions of higher education.--Using
the authority specified in section 217 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10
U.S.C. 2358 note) or another similar authority, the Office shall
seek to enter into an arrangement with one or more institutions of
higher education (as defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001)) under which such institutions may
provide the Office with--
``(A) access to research, technology development, and
workforce development expertise to support the mission of the
Office; and
``(B) foundational and applied hypersonic research,
development, and workforce support in areas that the Office
determines to be relevant for the Department of Defense.
``(2) Availability of information.--The Office shall ensure
that the results of any research and reports produced pursuant to
an arrangement under paragraph (1) are made available to the
Federal Government, the private sector, academia, and international
partners consistent with appropriate security classification
guidance.'';
(4) in subsection (d), as so redesignated--
(A) in paragraph (4), by striking the comma before the
period; and
(B) in paragraph (5), by striking ``certified under
subsection (e) as being consistent with the roadmap under
subsection (d)'' and inserting ``certified under subsection (f)
as being consistent with the roadmap under subsection (e)'';
(5) in subsection (e), as so redesignated, 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 most recent 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.''; and
(6) in subsection (f), as so redesignated--
(A) by striking ``subsection (d)'' each place it appears
and inserting ``subsection (e)''; and
(B) in paragraph (3), by striking ``2016'' and inserting
``2026''.
SEC. 217. 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'' after
``Commercialization''; 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 inserting after subsection (d), as so redesignated, 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.''.
(7) by striking subsection (f); and
(8) by redesignating subsection (g) as subsection (f).
SEC. 218. MODIFICATION OF AUTHORITY AND ADDITION OF TECHNOLOGY
AREAS FOR EXPEDITED ACCESS TO TECHNICAL TALENT.
(a) Modification of Authority.--Subsection (a)(1) of section 217 of
the National Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 10 U.S.C. 2358 note) is amended by striking ``The Secretary of
Defense shall, acting through the secretaries of the military
departments, establish'' and inserting ``Not later than 180 days after
the date of the enactment of the National Defense Authorization Act for
Fiscal Year 2020, the Secretary of Defense shall direct the secretaries
of the military departments to establish''.
(b) Additional Technology Areas.--Subsection (e) of such section is
amended--
(1) by redesignating paragraph (27) as paragraph (30); and
(2) by inserting after paragraph (26) the following new
paragraph (27):
``(27) Rapid prototyping.
``(28) Infrastructure resilience.
``(29) Hypersonics.''.
SEC. 219. EXPANSION OF COORDINATION IN SUPPORT OF NATIONAL SECURITY
INNOVATION AND ENTREPRENEURIAL EDUCATION.
Section 225(e) of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 10 U.S.C. 2359 note) is amended by adding
at the end the following new paragraph:
``(18) The Lab-Embedded Entrepreneurship Programs of the
Department of Energy.''.
SEC. 220. MODIFICATION OF DEFENSE QUANTUM INFORMATION SCIENCE AND
TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM.
Section 234 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2358 note) is
amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``private sector
entities'' and inserting ``private sector and international
entities''; and
(B) in paragraph (6), by striking ``facilities and
infrastructure'' and inserting ``facilities, workforce, and
infrastructure'';
(2) in subsection (c)--
(A) in paragraph (2), by striking ``quantum sciences;'' and
inserting ``quantum information sciences, including through
consultation with--
``(A) the National Quantum Coordination Office;
``(B) the subcommittee on Quantum Information Science of
the National Science and Technology Council;
``(C) other organizations and elements of the Department of
Defense;
``(D) other Federal agencies; and
``(E) appropriate private sector organizations;'';
(B) by redesignating paragraphs (3) and (4) as paragraphs
(6) and (7), respectively;
(C) by inserting after paragraph (2), the following new
paragraphs:
``(3) in consultation with the entities listed in paragraph
(2), develop plans for--
``(A) the development of the quantum information science
and technology workforce;
``(B) enhancing awareness of quantum information science
and technology;
``(C) reducing the risk of cybersecurity threats posed by
quantum information science technology; and
``(D) development of ethical guidelines for the use of
quantum information science technology;
``(4) in consultation with the National Institute of Standards
and Technology and other appropriate Federal entities, develop a
quantum information science taxonomy and standards and requirements
for quantum information technology;
``(5) support efforts to increase the technology readiness
level of quantum information science technologies under development
in the United States;'';
(D) in paragraph (6), as so redesignated, by striking
``quantum science'' and inserting ``quantum information
science''; and
(E) in paragraph (7), as so redesignated, by striking ``for
meeting the long-term challenges and achieving the specific
technical goals'' and inserting ``for carrying out the program
under subsection (a)'';
(3) by redesignating subsection (d) as subsection (e);
(4) by inserting afer subsection (c) the following new
subsection (d):
``(d) Quantum Information Science Research Centers.--The Secretary
of each military department may establish or designate a defense
laboratory or establish activities to engage with appropriate public
and private sector organizations, including academic organizations, to
enhance and accelerate the research, development, and deployment of
quantum information sciences and quantum information science-enabled
technologies and systems. The Secretary of Defense shall ensure that
not less than one such laboratory or center is established or
designated.''; and
(5) in paragraph (2) of subsection (e), as so redesignated--
(A) in subparagraph (A), by inserting ``information''
before ``sciences'';
(B) in subparagraph (B),
(i) by inserting ``information'' before ``sciences'';
and
(ii) by inserting ``, including a discussion of likely
impacts of quantum information science and technology on
military capabilities'' before the period at the end;
(C) in subparagraph (C), by inserting ``information''
before ``sciences'';
(D) by redesignating subparagraph (E) as subparagraph (F);
and
(E) by striking subparagraph (D) and inserting the
following new subparagraphs:
``(D) A description of the activities carried out in
accordance with this section, including, for each such
activity--
``(i) a roadmap for the activity;
``(ii) a summary of the funding provided for the
activity; and
``(iii) an estimated timeline for the development and
military deployment of quantum technologies supported
through the activity.
``(E) A description of the efforts of the Department of
Defense to update classification and cybersecurity practices
relating to quantum technology, including--
``(i) security processes and requirements for
engagement with allied countries; and
``(ii) a plan for security-cleared government and
contractor workforce development.''.
SEC. 221. UNDERSTANDING OF INVESTMENTS IN ARTIFICIAL INTELLIGENCE
AND DEVELOPMENT OF CAPABILITIES BY ADVERSARIES.
Section 238(c)(2)(I) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) is
amended--
(1) in clause (i), by striking ``; and'' and inserting a
semicolon;
(2) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new clause:
``(iii) that appropriate entities in the Department are
reviewing all open source publications from both the United
States and outside the United States that contribute to,
affect, or advance--
``(I) artificial intelligence research and
development; or
``(II) the understanding of the Secretary
concerning the investments by adversaries of the United
States in artificial intelligence and the development
by such adversaries of capabilities relating to
artificial intelligence.''.
SEC. 222. ADVISORY ROLE OF JASON SCIENTIFIC ADVISORY GROUP.
(a) Ongoing Engagement of Certain Scientific Advisory Personnel.--
(1) In general.--The Secretary of Defense shall seek to engage
the members of the independent, 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.
(2) Availability to other federal agencies.--At the request of
a Federal agency outside the Department of Defense, the Secretary
of Defense shall seek to make personnel engaged under paragraph (1)
available to such agency for the purpose of providing advice to the
agency on the matters described in such subsection.
(b) Arrangement for Conduct of National Security Studies and
Analysis.--
(1) In general.--Pursuant to subsection (a), the Secretary of
Defense, acting through the Under Secretary of Defense for
Acquisition and Sustainment, shall seek to enter into an
arrangement under which JASON may provide national security
research studies and other analyses to the Department of Defense
and other Federal agencies to meet mission requirements and agency
needs.
(2) Form of arrangement.--The arrangement entered into under
paragraph (1) shall be in a form the Under Secretary of Defense for
Acquisition and Sustainment determines to be appropriate for the
Department of Defense, which may include a contract, a grant, a
cooperative agreement, the use of other transaction authority under
section 2371 of title 10, United States Code, or another such
arrangement.
(3) Timing of arrangement.--The Secretary of Defense shall seek
to enter into the arrangement under paragraph (1) not later than
120 days after the date of the enactment of this Act.
(4) Terms of arrangement.--The arrangement entered into under
paragraph (1) shall--
(A) if specifically negotiated as part of the arrangement,
provide for the Department of Defense to reimburse the entity
supporting JASON for all or a portion of the overhead costs
incurred in support of the arrangement;
(B) allow Federal Government entities outside the
Department of Defense with responsibilities relating to
national security to seek to engage JASON to perform individual
studies relating to national security matters as part of the
arrangement; and
(C) require that a Federal agency that engages JASON to
perform a study under the arrangement will fully fund such
study, including a proportional percentage to the total
overhead costs incurred under the arrangement.
(5) Limitation on termination.--
(A) In general.--The Secretary of Defense may not terminate
the arrangement under paragraph (1) until a period of 180 days
has elapsed following the date on which the Secretary--
(i) notifies the congressional defense committees of
the intent of the Secretary to terminate the arrangement;
and
(ii) submits the report required under subparagraph
(B).
(B) Report required.--
(i) In general.--If the Secretary of Defense determines
that the arrangement under paragraph (1) should be
terminated, the Secretary shall submit to the congressional
defense committees a report on the proposed termination of
the arrangement.
(ii) Elements.--The report required under clause (i)
shall include the following:
(I) A summary of the execution of research projects
conducted by JASON over the four fiscal years preceding
the date of the report, including the projects
requested by the Department of Defense and the projects
requested by other Federal agencies.
(II) An analysis of the costs to the Department of
Defense of maintaining the arrangement under which
JASON provided national security research studies,
including any overhead costs incurred by the Department
or shared among Federal agencies over the four fiscal
years preceding the date of the report.
(III) A timeline for the potential transition or
termination of the activities, functions, and expertise
provided by JASON under the arrangement.
(IV) An assessment of the impact that the
termination of the arrangement with JASON will have on
defense research studies and analytical capabilities,
including a mitigation plan that identifies where
alternative and comparable scientific advice and
expertise is available and a comparison of the costs
associated with each alternative.
(iii) Form of report.--The report required under clause
(i) may be submitted in unclassified or classified form.
(6) Annual summary report.--Not later than March 1 of each year
beginning 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) a summary of expenditures made under the arrangement
with JASON under paragraph (1); and
(B) a summary of the studies and other activities carried
out by JASON pursuant to such arrangement in the preceding
calendar year.
SEC. 223. DIRECT AIR CAPTURE AND BLUE CARBON REMOVAL TECHNOLOGY
PROGRAM.
(a) Program Required.--
(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, shall 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 shall 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 shall 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) Commencement.--The Secretary shall commence carrying out
the research and development phase of the Program 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 shall, 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 fuels 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) Commencement.--Subject to subsection (a)(3)(B), the
Secretary shall commence carrying out the testing and evaluation
phase of the Program 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) 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)(A) 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) 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) 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));
(B) a science and technology reinvention laboratory
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) of title 10, United States Code); or
(D) any other facility that supports the research,
development, test, and evaluation activities of the Department
of Defense or the Department of Energy.
SEC. 224. REQUIRING DEFENSE MICROELECTRONICS PRODUCTS AND SERVICES
MEET TRUSTED SUPPLY CHAIN AND OPERATIONAL SECURITY STANDARDS.
(a) Purchases.--To protect the United States from intellectual
property theft and to ensure national security and public safety in the
application of new generations of wireless network technology and
microelectronics, beginning no later than January 1, 2023, the
Secretary of Defense shall ensure that each microelectronics product or
service that the Department of Defense purchases on or after such date
meets the applicable trusted supply chain and operational security
standards established pursuant to subsection (b), except in a case in
which the Department seeks to purchase a microelectronics product or
service but--
(1) no such product or service is available for purchase that
meets such standards; or
(2) no such product or service is available for purchase that--
(A) meets such standards; and
(B) is available at a price that the Secretary does not
consider prohibitively expensive.
(b) Trusted Supply Chain and Operational Security Standards.--
(1) Standards required.--(A) Not later than January 1, 2021,
the Secretary shall establish trusted supply chain and operational
security standards for the purchase of microelectronics products
and services by the Department.
(B) For purposes of this section, a trusted supply chain and
operational security standard--
(i) is a standard that systematizes best practices relevant
to--
(I) manufacturing location;
(II) company ownership;
(III) workforce composition;
(IV) access during manufacturing, suppliers' design,
sourcing, manufacturing, packaging, and distribution
processes;
(V) reliability of the supply chain; and
(VI) other matters germane to supply chain and
operational security; and
(ii) is not a military standard (also known as ``MIL-STD'')
or a military specification (also known as ``MIL-SPEC'') for
microelectronics that--
(I) specifies individual features for Department of
Defense microelectronics; or
(II) otherwise inhibits the acquisition by the
Department of securely manufactured, commercially-available
products.
(2) Consultation required.--In developing standards under
paragraph (1), the Secretary shall consult with the following:
(A) The Secretary of Homeland Security, the Secretary of
State, the Secretary of Commerce, and the Director of the
National Institute of Standards and Technology.
(B) Suppliers of microelectronics products and services
from the United States and allies and partners of the United
States.
(C) Representatives of major United States industry sectors
that rely on a trusted supply chain and the operational
security of microelectronics products and services.
(D) Representatives of the United States insurance
industry.
(3) Tiers of trust and levels of security authorized.--In
carrying out paragraph (1), the Secretary may establish tiers and
levels of trust and security within the supply chain and
operational security standards for microelectronics products and
services.
(4) General applicability.--The standards established pursuant
to paragraph (1) shall be, to the greatest extent practicable,
generally applicable to the trusted supply chain and operational
security needs and use cases of the United States Government and
commercial industry, such that the standards could be widely
adopted by government agencies, commercial industry, and allies and
partners of the United States as the basis for procuring
microelectronics products and services.
(5) Annual review.--Not later than October 1 of each year, the
Secretary shall, in consultation with persons and entities set
forth under paragraph (2), review the standards established
pursuant to paragraph (1) and issue updates or modifications as the
Secretary considers necessary or appropriate.
(c) Ensuring Ability to Sell Commercially.--
(1) In general.--The Secretary shall, to the greatest extent
practicable, ensure that suppliers of microelectronics products and
services for the Department of Defense subject to subsection (a)
are able and incentivized to sell products commercially and to
governments of allies and partners of the United States that are
produced on the same production lines as the microelectronics
products supplied to the Department of Defense.
(2) Effect of requirements and acquisitions.--The Secretary
shall, to the greatest extent practicable, ensure that the
requirements of the Department and the acquisition by the
Department of microelectronics enable the success of a dual-use
microelectronics industry.
(d) Maintaining Competition and Innovation.--The Secretary shall
take such actions as the Secretary considers necessary and appropriate,
within the Secretary's authorized activities to maintain the health of
the defense industrial base, to ensure that--
(1) providers of microelectronics products and services that
meet the standards established under subsection (b) are exposed to
competitive market pressures to achieve competitive pricing and
sustained innovation; and
(2) the industrial base of microelectronics products and
services that meet the standards established under subsection (b)
includes providers manufacturing in the United States or in
countries that are allies or partners of the United States.
SEC. 225. DEVELOPMENT AND ACQUISITION STRATEGY TO PROCURE SECURE,
LOW PROBABILITY OF DETECTION DATA LINK NETWORK CAPABILITY.
(a) Strategy Required.--Not later than March 1, 2020, the Chief of
Staff of the Air Force, the Chief of Naval Operations, and the Chief of
Staff of the Army shall jointly submit to the congressional defense
committees a joint development and acquisition strategy to procure a
secure, low probability of detection data link network capability, with
the ability to effectively operate in hostile jamming environments
while preserving the low observability characteristics of the relevant
platforms, including both existing and planned platforms.
(b) Network Characteristics.--The data link network capability to
be procured pursuant to the development and acquisition strategy
submitted under subsection (a) shall--
(1) ensure that any network made with such capability will be
low risk and affordable, with minimal impact or change to existing
host platforms and minimal overall integration costs;
(2) use a non-proprietary and open systems approach compatible
with the Rapid Capabilities Office Open Mission Systems initiative
of the Air Force, the Future Airborne Capability Environment
initiative of the Navy, and the Modular Open Systems Architecture
initiative of the Army; and
(3) provide for an architecture to connect, with operationally
relevant throughput and latency--
(A) fifth-generation combat aircraft;
(B) fifth-generation and fourth-generation combat aircraft;
(C) fifth-generation and fourth-generation combat aircraft
and appropriate support aircraft and other network nodes for
command, control, communications, intelligence, surveillance,
and reconnaissance purposes; and
(D) fifth-generation and fourth-generation combat aircraft
and their associated network-enabled precision weapons.
(c) Limitation.--Of the funds authorized to be appropriated by this
Act for fiscal year 2020 for operation and maintenance for the Office
of the Secretary of the Air Force, for operation and maintenance for
the Office of the Secretary of the Navy, and for operations and
maintenance for the Office of the Secretary of the Army, not more than
50 percent may be obligated or expended until the date that is 15 days
after the date on which the Chief of Staff of the Air Force, the Chief
of Naval Operations, and the Chief of Staff of the Army, respectively,
submit the development and acquisition strategy required by subsection
(a).
SEC. 226. ESTABLISHMENT OF SECURE NEXT-GENERATION WIRELESS NETWORK
(5G) INFRASTRUCTURE FOR THE NEVADA TEST AND TRAINING RANGE AND
BASE INFRASTRUCTURE.
(a) Establishment Required.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall establish
secure fifth-generation wireless network components and capabilities at
no fewer than two Department of Defense installations in accordance
with this section.
(b) Installations.--
(1) Locations.--The Secretary shall establish components and
capabilities under subsection (a) at the following:
(A) The Nevada Test and Training Range, which shall serve
as a Major Range and Test Facility Base (MRTFB) for fifth-
generation wireless networking.
(B) Such Department installations or other installations as
the Secretary considers appropriate for the purpose set forth
in paragraph (2).
(2) Purpose.--The purpose of the establishment of components
and capabilities under subsection (a) at the locations described in
paragraph (1) of this subsection is to demonstrate the following:
(A) The potential military utility of high bandwidth,
scalable, and low latency fifth-generation wireless networking
technology.
(B) Advanced security technology that is applicable to
fifth-generation networks as well as legacy Department command
and control networks.
(C) Secure interoperability with fixed and wireless systems
(legacy and future systems).
(D) Enhancements such as spectrum and waveform diversity,
frequency hopping and spreading, and beam forming for military
requirements.
(E) Technology for dynamic network slicing for specific use
cases and applications requiring varying levels of latency,
scale, and throughput.
(F) Technology for dynamic spectrum sharing and network
isolation.
(G) Base infrastructure installation of high bandwidth,
scalable, and low latency fifth-generation wireless networking
technology.
(H) Applications for secure fifth-generation wireless
network capabilities for the Department, such as the following:
(i) Interactive augmented reality or synthetic training
environments.
(ii) Internet of things devices.
(iii) Autonomous systems.
(iv) Advanced manufacturing through the following:
(I) Department-sponsored centers for manufacturing
innovation (as defined in section 34(c) of the National
Institute of Standards and Technology Act (15 U.S.C.
278s(c))).
(II) Department research and development
organizations.
(III) Manufacturers in the defense industrial base
of the United States.
SEC. 227. ADMINISTRATION OF MANUFACTURING INNOVATION INSTITUTES
FUNDED BY THE DEPARTMENT OF DEFENSE.
(a) In General.--The Secretary of Defense shall make such changes
to the administration of covered institutes so as--
(1) to encourage covered institutes to leverage existing
workforce development programs across the Federal Government and
State governments in order to build successful workforce
development programs;
(2) to develop metrics to evaluate the workforce development
performed by the covered institutes, including metrics on job
quality, career pathways, wages and benefits, and efforts to
support veterans, and progress in aligning workforce skillsets with
the current and long-term needs of the Department of Defense and
the defense industrial base;
(3) to allow metrics to vary between covered institutes and be
updated and evaluated continuously in order to more accurately
evaluate covered institutes with different goals and missions;
(4) to encourage covered institutes to consider developing
technologies that were previously funded by Federal Government
investment for early-stage research and development and expand
cross-government coordination and collaboration to achieve this
goal;
(5) to provide an opportunity for increased Department of
Defense input and oversight from senior-level military and civilian
personnel on future technology roadmaps produced by covered
institutes;
(6) to reduce the barriers to collaboration between and among
multiple covered institutes;
(7) to use contracting vehicles that can increase flexibility,
reduce barriers for contracting with subject-matter experts and
small and medium enterprises, enhance partnerships between covered
institutes, and reduce the time to award contracts at covered
institutes; and
(8) to overcome barriers to the adoption of manufacturing
processes and technologies developed by the covered institutes by
the defense and commercial industrial base, particularly small and
medium enterprises, by engaging with public and private sector
partnerships and appropriate government programs and activities,
including the Hollings Manufacturing Extension Partnership.
(b) Coordination With Other Activities.--The Secretary shall carry
out this section in coordination with activities undertaken under--
(1) the Manufacturing Technology Program established under
section 2521 of title 10, United States Code;
(2) the Manufacturing Engineering Education Program established
under section 2196 of such title;
(3) the Defense Manufacturing Community Support Program
established under section 846 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232);
(4) manufacturing initiatives of the Secretary of Commerce, the
head of the National Office of the Manufacturing USA Network, the
Secretary of Energy, and such other government and private sector
organizations as the Secretary of Defense considers appropriate;
and
(5) such other activities as the Secretary considers
appropriate.
(c) Definition of Covered Institute.--In this section, the term
``covered institute'' means a manufacturing innovation institute that
is funded by the Department of Defense.
SEC. 228. RESEARCH PROGRAM ON FOREIGN MALIGN INFLUENCE OPERATIONS.
(a) Program Authorized.--The Secretary of Defense, acting through
the Under Secretary of Defense for Research and Engineering, may carry
out a research program on foreign malign influence operations as part
of the university research programs of the Department of Defense.
(b) Program Objectives.--The objectives of a research program
carried out under subsection (a) should include the following:
(1) Enhance the understanding of foreign malign influence
operations, including activities conducted on social media
platforms.
(2) Facilitate the analysis of publicly available or
voluntarily provided indicators of foreign malign influence
operations.
(3) Promote collaborative research and information exchange
with relevant entities within the Department of Defense and with
other agencies or nongovernmental organizations relating to foreign
malign influence operations, as appropriate.
(c) Notice to Congress.--Not later than 30 days before initiating a
research program under subsection (a), the Secretary of Defense shall
submit to the congressional defense committees notice of the intent of
the Secretary to initiate such a program, which shall include--
(1) a detailed description of the program and any related
research activities;
(2) the estimated cost and duration of the program; and
(3) any other matters the Secretary determines to be relevant.
SEC. 229. DIVERSIFICATION OF THE 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 and in
consultation with the Under Secretary of Defense for Personnel and
Readiness, shall conduct an assessment of critical skillsets
required across, and the diversity of, the research and engineering
workforce of the Department of Defense, including the science and
technology reinvention laboratories, 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
research and engineering workforce of the Department of Defense
as of the date of the assessment.
(B) Of the individuals hired into the research and
engineering workforce of the Department in the five years
preceding the date of the assessment, the percentage of such
individuals who are women and minorities.
(C) The effectiveness of existing hiring, recruitment, and
retention incentives for women and minorities in the research
and engineering workforce of the Department.
(D) The effectiveness of the Department in recruiting women
and minorities into the laboratory workforce after such
individuals complete work on Department-funded research,
projects, grant projects, fellowships, and STEM programs.
(E) The geographical diversity 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
and in consultation with the Secretaries of the military
departments, shall develop and implement a plan to diversify and
strengthen the 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 has 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. 230. 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) Digital engineering defined.--For purposes of this section,
the term ``digital engineering'' means the discipline and set of
skills involved in the creation, processing, transmission,
integration, and storage of digital data, including data science,
machine learning, software engineering, software product
management, and artificial intelligence product management.
(b) Implementation Plan.--Not later than May 1, 2020, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a plan that describes how the
Department of Defense will execute the policy described in subsection
(a).
(c) Responsibility.--
(1) Appointment of officer.--Not later than 270 days after the
date of enactment of this Act, the Secretary of Defense may appoint
a civilian official responsible for the development and
implementation of the policy and implementation plan set forth in
subsections (a) and (b), respectively. The official shall be known
as the ``Chief Digital Engineering Recruitment and Management
Officer of the Department of Defense''.
(2) Expiration of appointment.--The appointment of the Officer
under paragraph (1) shall expire on September 30, 2024.
SEC. 231. DIGITAL ENGINEERING CAPABILITY TO AUTOMATE TESTING AND
EVALUATION.
(a) Digital Engineering Capability.--
(1) In general.--The Secretary of Defense shall establish a
digital engineering capability to be used--
(A) for the development and deployment of digital
engineering models for use in the defense acquisition process;
and
(B) to provide testing infrastructure and software to
support automated approaches for testing, evaluation, and
deployment throughout the defense acquisition process.
(2) Requirements.--The capability developed under subsection
(a) shall meet the following requirements:
(A) The capability will be accessible to, and useable by,
individuals throughout the Department of Defense who have
responsibilities relating to capability design, development,
testing, evaluation, and operation.
(B) The capability will provide for the development,
validation, use, curation, and maintenance of technically
accurate digital systems, models of systems, subsystems, and
their components, at the appropriate level of fidelity to
ensure that test activities adequately simulate the environment
in which a system will be deployed.
(C) The capability will include software to automate
testing throughout the program life cycle, including to satisfy
developmental test requirements and operational test
requirements. Such software may be developed in accordance with
the authorities provided under section 800, and shall support--
(i) security testing that includes vulnerability
scanning and penetration testing performed by individuals,
including threat-based red team exploitations and
assessments with zero-trust assumptions; and
(ii) high-confidence distribution of software to the
field on a time-bound, repeatable, frequent, and iterative
basis.
(b) Demonstration Activities.--
(1) In general.--In developing the capability required under
subsection (a), the Secretary of Defense shall carry out activities
to demonstrate digital engineering approaches to automated testing
that--
(A) enable continuous software development and delivery;
(B) satisfy developmental test requirements for the
software-intensive programs of the Department of Defense; and
(C) satisfy operational test and evaluation requirements
for such programs.
(2) Program selection.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall assess
and select not fewer than four and not more than ten programs of
the Department of Defense to participate in the demonstration
activities under paragraph (1), including--
(A) at least one program participating in the pilot program
authorized under section 873 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10
U.S.C. 2223a note);
(B) at least one program participating in the pilot program
authorized under section 874 of such Act (Public Law 115-91; 10
U.S.C. 2302 note);
(C) at least one major defense acquisition program (as
defined in section 2430 of title 10, United States Code);
(D) at least one command and control program;
(E) at least one defense business system (as defined in
section 2222(i) of title 10, United States Code); and
(F) at least one program from each military service.
(3) Additional requirements.--As part of the demonstration
activities under paragraph (1), the Secretary shall--
(A) conduct a comparative analysis that assesses the risks
and benefits of the digital engineering supported automated
testing approaches of the programs participating in the
demonstration activities relative to traditional testing
approaches that are not supported by digital engineering;
(B) ensure that the intellectual property strategy for each
of the programs participating in the demonstration activities
is best aligned to meet the goals of the program; and
(C) develop a workforce and infrastructure plan to support
any new policies and guidance implemented in connection with
the demonstration activities, including any policies and
guidance implemented after the completion of such activities.
(c) Policies and Guidance Required.--Not later than one year after
the date of the enactment of this Act, based on the results of the
demonstration activities carried out under subsection (b), the
Secretary of Defense shall issue or modify policies and guidance to--
(1) promote the use of digital engineering capabilities for
development and for automated testing; and
(2) address roles, responsibilities, and procedures relating to
such capabilities.
(d) Steering Committee.--
(1) In general.--The Secretary of Defense shall establish a
steering committee to assist the Secretary in carrying out
subsections (a) through (c).
(2) Membership.--The steering committee shall be composed of
the following members or their designees:
(A) The Under Secretary of Defense for Research and
Engineering.
(B) The Under Secretary of Defense for Acquisition and
Sustainment.
(C) The Chief Information Officer.
(D) The Director of Operational Test and Evaluation.
(E) The Director of Cost Assessment and Program Evaluation.
(F) The Service Acquisition Executives.
(G) The Service testing commands.
(H) The Director of the Defense Digital Service.
(e) Reports Required.--
(1) Implementation.--Not later than March 15, 2020, the
Secretary of Defense shall submit to the congressional defense
committees a report on the progress of the Secretary in
implementing subsections (a) through (c). The report shall include
an explanation of how the results of the demonstration activities
carried out under subsection (b) will be incorporated into the
policy and guidance required under subsection (c), particularly the
policy and guidance of the members of the steering committee
established under subsection (d).
(2) Legislative recommendations.--Not later than October 15,
2020, the Secretary of Defense shall provide to the congressional
defense committees a briefing that identifies any changes to
existing law that may be necessary to facilitate the implementation
of subsections (a) through (c).
(f) Independent Assessment.--
(1) In general.--Not later than March 15, 2021, the Defense
Innovation Board and the Defense Science Board shall jointly
complete an independent assessment of the progress of the Secretary
in implementing subsections (a) through (c). The Secretary of
Defense shall ensure that the Defense Innovation Board and the
Defense Science Board have access to the resources, data, and
information necessary to complete the assessment.
(2) Information to congress.--Not later than 30 days after the
date on which the assessment under paragraph (1) is completed, the
Defense Innovation Board and the Defense Science Board shall
jointly provide to the congressional defense committees--
(A) a report summarizing the assessment; and
(B) a briefing on the findings of the assessment.
SEC. 232. 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;
and
(2) incorporate procedures for the continuous legal review of--
(A) weapons and other defense systems that incorporate or
use emerging technology; and
(B) treaties that may be affected by such technology.
(c) Briefing Required.--Not later than 30 days after the date on
which the Secretary of Defense establishes the process required under
subsection (a), the Secretary shall provide to the congressional
defense committees a briefing on such process.
(d) Definitions.--In this section:
(1) The term ``covered official'' means the following:
(A) The Chairman of the Joint Chiefs of Staff.
(B) The Under Secretary of Defense for Research and
Engineering.
(C) The Under Secretary of Defense for Acquisition and
Sustainment.
(D) The Under Secretary of Defense for Policy.
(E) The commanders of combatant commands with
responsibilities involving the use of weapons or other defense
systems that incorporate or use emerging technology, as
determined by the Secretary of Defense.
(F) 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, including 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, biotechnology,
and such other technology as may be identified by the Secretary.
SEC. 233. IMPROVEMENT OF THE STRATEGIC CAPABILITIES OFFICE OF THE
DEPARTMENT OF DEFENSE.
(a) Organization.--
(1) Authority of deputy secretary of defense.--The Deputy
Secretary of Defense shall exercise authority and direction over
the Strategic Capabilities Office of the Department of Defense
(referred to in this section as the ``Office'').
(2) Authority of director.--The Director of the Office shall
report directly to the Deputy Secretary of Defense.
(3) Delegation.--In exercising authority and direction over the
Office under subsection (a), the Deputy Secretary of Defense may
delegate administrative, management, and other duties to the
Director of the Defense Advanced Research Projects Agency, as
needed, to effectively and efficiently execute the mission of the
Office.
(b) Cross-functional Teams.--
(1) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Deputy Secretary of Defense shall
establish the following cross-functional teams to improve the
effectiveness of the Office:
(A) A transition cross-functional team to improve the
efficiency and effectiveness with which the programs of the
Office may be transitioned into--
(i) research and development programs of the military
services and other agencies of the Department of Defense;
and
(ii) programs of such services and agencies in
operational use.
(B) A technical cross functional team to improve the
continuous technical assessment and review of the programs of
the Office during program selection and execution.
(2) Membership.--The Deputy Secretary of Defense shall select
individuals to serve on the cross-functional teams described in
paragraph (1) from among individuals in the defense research and
engineering enterprise, acquisition community, Joint Staff,
combatant commands, and other organizations, as determined to be
appropriate by the Deputy Secretary.
SEC. 234. PILOT PROGRAM ON ENHANCED CIVICS EDUCATION.
(a) In General.--The Secretary of Defense, in consultation with the
Secretary of Education, shall carry out a pilot program under which the
Secretary provides enhanced educational support and funding to eligible
entities to improve civics education programs taught by such entities.
(b) Purpose.--The purpose of the pilot program is to provide
enhanced civics education on the following topics:
(1) Critical thinking and media literacy.
(2) Voting and other forms of political and civic engagement.
(3) Interest in employment, and careers, in public service.
(4) Understanding of United States law, history, and
Government.
(5) The ability of participants to collaborate and compromise
with others to solve problems.
(c) Considerations.--In carrying out the pilot program, the
Secretary of Defense shall consider innovative approaches for improving
civics education.
(d) Metrics and Evaluations.--The Secretary of Defense shall
establish metrics and undertake evaluations to determine the
effectiveness of the pilot program, including each of the activities
carried out under subsection (e).
(e) Types of Support Authorized.--Under the pilot program the
Secretary of Defense--
(1) shall provide support to eligible entities to address, at a
minimum--
(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; and
(2) may provide any other form of support the Secretary
determines to be appropriate to enhance the civics education taught
by eligible entities.
(f) Report.--Not later than 180 days after the conclusion of the
first full academic year during which the pilot program is carried out,
the Secretary of Defense shall submit to the congressional defense
committees a report that includes--
(1) a description of the pilot program, including the a
description of the specific activities carried out under subsection
(e); and
(2) the metrics and evaluations used to assess the
effectiveness of the program as required under subsection (d).
(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 any of following:
(A) A local education agency that hosts a unit of the
Junior Reserve Officers' Training Corps.
(B) A school operated by the Department of Defense
Education Activity.
SEC. 235. TECHNOLOGY AND NATIONAL SECURITY FELLOWSHIP.
(a) Fellowship Program.--
(1) In general.--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 and Congress 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) Assignments.--Each individual selected for participation in
the fellows program shall be assigned to a one year position
within--
(A) the Department of Defense; or
(B) a congressional office with emphasis on defense and
national security matters.
(4) Pay and benefits.--To the extent practicable, each
individual assigned to a position under paragraph (3)--
(A) shall be compensated at a rate of basic pay that is
equivalent to the rate of basic pay payable for a position at
level 10 of the General Schedule; and
(B) shall be treated as an employee of the United States
during the assignment.
(b) Eligible Individuals.--
(1) Eligibility for dod assignment.--Subject to subsection (e),
an individual eligible for an assignment in the Department of
Defense under subsection (a)(3)(A) is an individual who--
(A) is a citizen of the United States; and
(B) either--
(i) expects to be awarded a bachelor's degree,
associate's degree, 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;
(ii) possesses a bachelor's degree, associate's degree,
or graduate degree that, as determined by the Secretary,
focuses on science, technology, engineering, or mathematics
course work; or
(iii) is an employee of the Department of Defense and
possesses a bachelor's degree, associate's degree, or
graduate degree that, as determined by the Secretary,
focuses on science, technology, engineering, or mathematics
course work.
(2) Eligibility for congressional assignment.--Subject to
subsection (e), an individual eligible for an assignment in a
congressional office under subsection (a)(3)(B) is an individual
who--
(A) meets the requirements specified in paragraph (1); and
(B) has not less than 3 years of relevant work experience
in the field of science, technology, engineering, or
mathematics.
(c) Application.--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.--In carrying out this section, the Secretary may
consider working through the following entities:
(1) The National Security Innovation Network.
(2) Universities.
(3) Science and technology reinvention laboratories and test
and evaluation centers of the Department of Defense.
(4) Other organizations of the Department of Defense or public
and private sector organizations, as determined appropriate by the
Secretary.
(e) Modifications to Fellows Program.--The Secretary may modify the
terms and procedures of the fellows program in order to better achieve
the goals of the program and to support workforce needs of the
Department of Defense.
(f) Consultation.--The Secretary may consult with the heads of the
agencies, components, and other elements of the Department of Defense,
Members and committees of Congress, 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 with respect to assignments
in the fellows program.
SEC. 236. DOCUMENTATION RELATING TO THE 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 contributes to the architecture of the Advanced Battle
Management System.
(2) The final analysis of alternatives for the Advanced Battle
Management System.
(3) The requirements for the networked data architecture
necessary for the Advanced Battle Management System to provide
multidomain command and control and battle management capabilities
and a development schedule for such architecture.
(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) June 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 contributes to such
capability.
SEC. 237. 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. 238. SENSE OF CONGRESS ON FUTURE VERTICAL LIFT TECHNOLOGIES.
It is the sense of Congress that the Army should continue to invest
in research, development, test, and evaluation programs to mature
future vertical lift technologies, including programs to improve pilot
situational awareness, increase flight operations safety, and reduce
operation and maintenance costs.
SEC. 239. USE OF FUNDS FOR STRATEGIC ENVIRONMENTAL RESEARCH
PROGRAM, ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM,
AND OPERATIONAL ENERGY CAPABILITY IMPROVEMENT.
Of the funds 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 for
the Strategic Environmental Research Program, Operational Energy
Capability Improvement, and the Environmental Security Technical
Certification Program, the Secretary of Defense shall, acting through
the Under Secretary of Defense for Acquisition and Sustainment, expend
amounts as follows:
(1) Not less than $10,000,000 on the development and
demonstration of long duration on-site energy battery storage for
distributed energy assets.
(2) Not less than $10,000,000 on the development,
demonstration, and validation of non-fluorine based firefighting
foams.
(3) Not less than $10,000,000 on the development,
demonstration, and validation of secure microgrids for both
installations and forward operating bases.
(4) Not less than $1,000,000 on the development, demonstration,
and validation of technologies that can harvest potable water from
air.
SEC. 240. LIMITATION AND REPORT ON INDIRECT FIRE PROTECTION
CAPABILITY INCREMENT 2 CAPABILITY.
(a) Limitation and Report on Indirect Fire Protection Capability
Increment 2.--Not more than 50 percent of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year
2020 for the Army may be obligated or expended for research,
development, test, and evaluation for the Indirect Fire Protection
Capability Increment 2 capability until the Secretary of the Army
submits to the congressional defense committees a report on the
Indirect Fire Protection Capability Increment 2 program that contains
the following:
(1) An assessment of whether the requirements previously
established for the enduring program meet the anticipated threat at
the time of planned initial operating capability and fully
operating capability.
(2) A list of candidate systems considered to meet the Indirect
Fire Protection Capability Increment 2 enduring requirement,
including those fielded or in development by the Army and other
elements of the Department of Defense.
(3) An assessment of each candidate system's capability against
representative threats.
(4) An assessment of other relevant specifications of each
candidate system, including cost of development, cost per round if
applicable, technological maturity, and logistics and sustainment.
(5) A plan for how the Army will integrate the chosen system or
systems into the Integrated Air and Missile Defense Battle Command
System.
(6) An assessment of the results of the performance, test,
evaluation, integration, and interoperability of batteries one and
two of the interim solution.
(b) Notification Required.--Not later than 10 days after the date
on which the President submits the annual budget request of the
President for fiscal year 2021 pursuant to section 1105 of title 31,
United States Code, the Secretary of the Defense shall, without
delegation, submit to the congressional defense committees a
notification identifying the military services or agencies that will be
responsible for the conduct of air and missile defense in support of
joint campaigns as it applies to defense against current and emerging
missile threats. The notification shall identify the applicable
programs of record to address such threats, including each class of
cruise missile threat.
Subtitle C--Plans, Reports, and Other Matters
SEC. 251. MASTER PLAN FOR IMPLEMENTATION OF AUTHORITIES RELATING TO
SCIENCE AND TECHNOLOGY REINVENTION LABORATORIES.
(a) Plan Required.--The Secretary of Defense, jointly with the
Secretaries of the military departments and in consultation with the
Under Secretary of Defense for Research and Engineering, shall develop
a master plan for using existing authorities 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) a description of the resources that will be applied 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 (4) using existing authorities.
(7) Identification of any statutory, regulatory, or management-
related barriers to implementing the master plan and a description
of policy and legislative options that may be applied to address
such barriers.
(c) Consultation.--In developing the master plan required under
subsection (a), the Secretary of Defense, the Secretaries of the
military departments, and the Under Secretary of Defense for Research
and Engineering shall consult with--
(1) the Service Acquisition Executives with responsibilities
relevant to the laboratories;
(2) the commander of each military command with
responsibilities relating to research and engineering that is
affected by the master plan; and
(3) any other officials determined to be relevant by the
Secretary of Defense, the Secretaries of the military departments,
and the Under Secretary of Defense for Research and Engineering.
(d) Final Report.--Not later than October 30, 2020, the Secretary
of Defense, jointly with the Secretaries of the military departments
and in consultation with the Under Secretary of Defense for Research
and Engineering, shall submit to the congressional defense committees--
(1) the master plan developed under subsection (a);
(2) a report on the activities carried out under this section;
and
(3) a report that identifies any barriers that prevent the full
use and implementation of existing authorities, including any
barriers presented by the policies, authorities, and activities
of--
(A) organizations and elements of the Department of
Defense; and
(B) organizations outside the Department.
SEC. 252. INFRASTRUCTURE TO SUPPORT RESEARCH, DEVELOPMENT, TEST,
AND EVALUATION MISSIONS.
(a) Master Plan Required.--The Secretary of Defense, acting through
the Under Secretary of Defense for Research and Engineering and in
coordination 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 and real property exchanges;
(G) the authority to conduct commercial test and evaluation
activities at a Major Range and Test Facility Installation,
under section 2681 of title 10, United States Code; and
(H) any other authorities and methods determined to be
appropriate by the Secretary of Defense.
(6) Identification of any regulatory or policy barriers to the
effective and efficient implementation of the master plan.
(c) Consultation and Coordination.--In developing and implementing
the plan required under subsection (a), the Secretary of Defense
shall--
(1) consult with existing and anticipated customers and users
of the capabilities of the Major Range and Test Facility Base and
science and technology reinvention laboratories;
(2) ensure consistency with the science and technology roadmaps
and strategies of the Department of Defense and the Armed Forces;
and
(3) ensure consistency with the strategic plan for test and
evaluation resources required by section 196(d) of title 10, United
States Code.
(d) Submittal to Congress.--Not later than January 1, 2021, the
Secretary of Defense, in coordination with the Secretaries of the
military departments, shall submit to the congressional defense
committees the master plan developed under subsection (a).
(e) Research, Development, Test, and Evaluation 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. 253. ENERGETICS PLAN.
(a) Plan Required.--The Under Secretary of Defense for Research and
Engineering shall, in coordination with the technical directors at
defense laboratories and such other officials as the Under Secretary
considers appropriate, develop an energetics research and development
plan to ensure a long-term multi-domain research, development,
prototyping, and experimentation effort that--
(1) maintains United States technological superiority in
energetics technology critical to national security;
(2) efficiently develops new energetics technologies and
transitions them into operational use, as appropriate; and
(3) maintains a robust industrial base and workforce to support
Department of Defense requirements for energetic materials.
(b) Briefing.--Not later than one year after the date of the
enactment of this Act, the Under Secretary shall brief the
congressional defense committees on the plan developed under subsection
(a).
SEC. 254. 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 and for military infrastructure.
(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 and dual-use
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 and the deployment of such technology, including
development of a common industrial base for secure
microelectronics.
(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) Advancing the deployment of secure 5G networks nationwide.
(9) 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) Periodic Briefings.--
(1) In general.--Not later than March 15, 2020, and not less
frequently than once every three months thereafter through March
15, 2022, the Secretary of Defense shall provide to the
congressional defense committees a briefing on the development and
implementation of the strategy required under subsection (a),
including an explanation of how the Department of Defense--
(A) is using secure 5G wireless network technology;
(B) is reshaping the Department's policy for producing and
procuring secure microelectronics; and
(C) is working in the interagency and internationally to
develop common policies and approaches.
(2) Elements.--Each briefing under paragraph (1) shall include
information on--
(A) efforts to ensure a secure supply chain for 5G wireless
network equipment and microelectronics;
(B) the continued availability of electromagnetic spectrum
for warfighting needs;
(C) planned implementation of 5G wireless network
infrastructure in warfighting networks, base infrastructure,
defense-related manufacturing, and logistics;
(D) steps taken to work with allied and partner countries
to protect critical networks and supply chains; and
(E) such other topics as the Secretary of Defense considers
relevant.
SEC. 255. 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 and appropriate public and private sector organizations,
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 development of science
and technology activities related to next generation software and
software reliant systems for the Department, including--
(1) research and development activities on new technologies for
the creation of highly secure, scalable, reliable, time-sensitive,
and mission-critical software;
(2) research and development activities on new approaches and
tools to software development and deployment, testing, integration,
and next generation software management tools to support the rapid
insertion of such software into defense systems;
(3) foundational scientific research activities to support
advances in software;
(4) technical workforce and infrastructure to support defense
science and technology and software needs and mission requirements;
(5) providing capabilities, including technologies, systems,
and technical expertise to support improved acquisition of software
reliant business and warfighting systems; and
(6) providing capabilities, including technologies, systems,
and technical expertise to support defense operational missions
which are reliant on software.
(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
reliant systems for the Department of Defense, including strategies
for--
(1) types of software-related activities within the science and
technology portfolio of the Department;
(2) investment in new approaches to software development and
deployment, 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, automated testing,
assurance and certification for safety and mission critical
systems, large scale deployment, and sustainment;
(4) to the extent practicable, implementing or continuing the
implementation of 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);
(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); and
(C) other relevant studies on software research,
development, and acquisition activities of the Department of
Defense.
(5) supporting the acquisition, technology development,
testing, assurance, and certification and operational needs of the
Department through the development of capabilities, including
personnel and research and production 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);
(C) the Defense Advanced Research Projects Agency; and
(D) universities, federally funded research and development
centers, and service organizations with activities in software
engineering; and
(6) the transition of relevant capabilities and technologies to
relevant programs of the Department, including software-reliant
cyber-physical systems, 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. 256. ARTIFICIAL INTELLIGENCE EDUCATION STRATEGY.
(a) Strategy Required.--
(1) In general.--The Secretary of Defense shall develop a
strategy for educating servicemembers 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 servicemembers a basic
knowledge of artificial intelligence. The curriculum shall include
instruction in--
(A) artificial intelligence design;
(B) software coding;
(C) potential military applications for artificial
intelligence;
(D) the impact of artificial intelligence on military
strategy and doctrine;
(E) artificial intelligence decisionmaking via machine
learning and neural networks;
(F) ethical issues relating to artificial intelligence;
(G) the potential biases of artificial intelligence;
(H) potential weakness in artificial intelligence
technology;
(I) opportunities and risks; and
(J) any other matters the Secretary of Defense determines
to be relevant.
(b) Implementation Plan.--The Secretary of Defense shall develop a
plan for implementing the strategy developed under subsection (a).
(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. 257. CYBER SCIENCE AND TECHNOLOGY ACTIVITIES ROADMAP AND
REPORTS.
(a) Roadmap for Science and Technology Activities to Support
Development of Cyber Capabilities.--
(1) Roadmap required.--The Secretary of Defense, acting through
the Under Secretary of Defense for Research and Engineering, shall
develop a roadmap for science and technology activities of the
Department of Defense to support development of cyber capabilities
to meet Department needs and missions.
(2) Goal of consistency.--The Secretary shall develop the
roadmap required by paragraph (1) to ensure consistency with
appropriate Federal interagency, industry, and academic activities.
(3) Scope.--The roadmap required by paragraph (1) shall--
(A) cover the development of capabilities that will likely
see operational use within the next 25 years or earlier; and
(B) address cyber operations and cybersecurity.
(4) Consultation.--The Secretary shall develop the roadmap
required by paragraph (1) in consultation with the following:
(A) The Chief Information Officer of the Department.
(B) The secretaries and chiefs of the military departments.
(C) The Director of Operational Test and Evaluation.
(D) The Commander of the United States Cyber Command.
(E) The Director of the National Security Agency.
(F) The Director of the Defense Information Systems Agency.
(G) The Director of the Defense Advanced Research Projects
Agency.
(H) The Director of the Defense Digital Service.
(I) Such interagency partners as the Secretary considers
appropriate.
(5) Form.--The Secretary shall develop the roadmap required by
paragraph (1) in unclassified form, but may include a classified
annex.
(6) Publication.--The Secretary shall make available to the
public the unclassified form of the roadmap developed pursuant to
paragraph (1).
(b) Annual Report on Cyber Science and Technology Activities.--
(1) Annual reports required.--In fiscal years 2021, 2022, and
2023, the Under Secretary of Defense for Research and Engineering
shall submit to the congressional defense committees a report on
the science and technology activities within the Department of
Defense relating to cyber matters during the previous fiscal year,
the current fiscal year, and the following fiscal year.
(2) Contents.--Each report submitted pursuant to paragraph (1)
shall include, for the period covered by the report, a description
and listing of the science and technology activities of the
Department relating to cyber matters, including the following:
(A) Extramural science and technology activities.
(B) Intramural science and technology activities.
(C) Major and minor military construction activities.
(D) Major prototyping and demonstration programs.
(E) A list of agreements and activities to transition
capabilities to acquisition activities, including--
(i) national security systems;
(ii) business systems; and
(iii) enterprise and network systems.
(F) Efforts to enhance the national technical cybersecurity
workforce, including specific programs to support education,
training, internships, and hiring.
(G) Efforts to perform cooperative activities with
international partners.
(H) Efforts under the Small Business Innovation Research
and the Small Business Technology Transfer Program, including
estimated amounts to be expected in the following fiscal year.
(I) Efforts to encourage partnerships between the
Department of Defense and universities participating in the
National Centers of Academic Excellence in Cyber Operations and
Cyber Defense.
(3) Timing.--Each report submitted pursuant to paragraph (1)
shall be submitted concurrently with the annual budget request of
the President submitted pursuant to section 1105 of title 31,
United States Code.
(4) Form.--The report submitted under paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 258. REPORT ON B-52 COMMERCIAL ENGINE REPLACEMENT PROGRAM.
(a) Documentation Required.--The Secretary of the Air Force shall
submit to the congressional defense committees a report on the B-52
commercial engine replacement program of the Air Force.
(b) Contents.--The report submitted under subsection (a) shall
include the following:
(1) The acquisition strategy of the Secretary for the program.
(2) The cost and schedule estimates of the Secretary for the
program.
(3) The key performance parameters or equivalent requirements
document for the program.
(4) The test and evaluation strategy of the Secretary for the
program.
(5) The logistics strategy of the Secretary for the program.
(6) The post-production fielding strategy of the Secretary for
the program.
(7) An assessment of the potential for the commercial engine
replacement to achieve nuclear system certification.
(c) 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 report required by subsection (a).
SEC. 259. COMMERCIAL EDGE COMPUTING TECHNOLOGIES AND BEST PRACTICES
FOR DEPARTMENT OF DEFENSE WARFIGHTING SYSTEMS.
(a) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Under Secretary of Defense for Acquisition
and Sustainment shall submit to the congressional defense committees a
report on commercial edge computing technologies and best practices for
Department of Defense warfighting systems.
(b) Contents.--The report submitted under subsection (a) shall
include the following:
(1) Identification of initial warfighting system programs of
record that will benefit most from accelerated insertion of
commercial edge computing technologies and best practices,
resulting in significant near-term improvement in system
performance and mission capability.
(2) The plan of the Department of Defense to provide additional
funding for the systems identified in paragraph (1) to achieve
fielding of accelerated commercial edge computing technologies
before or during fiscal year 2021.
(3) The plan of the Department to identify, manage, and provide
additional funding for commercial edge computing technologies more
broadly over the next four fiscal years where appropriate for--
(A) command, control, communications, and intelligence
systems;
(B) logistics systems; and
(C) other mission-critical systems.
(4) A detailed description of the policies, procedures,
budgets, and accelerated acquisition and contracting mechanisms of
the Department for near-term insertion of commercial edge computing
technologies and best practices into military mission-critical
systems.
SEC. 260. BIANNUAL REPORT ON THE JOINT ARTIFICIAL INTELLIGENCE
CENTER.
(a) Reports Required.--Not later than 180 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 of any collaboration between--
(A) the Center and the private sector, national
laboratories, 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.
(9) Identification of any ethical guidelines applicable to the
use of artificial intelligence by the Department.
(10) A description of any steps taken by the Center to protect
systems that use artificial intelligence from any attempts to
misrepresent or alter information used or provided by artificial
intelligence.
(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; 10 U.S.C.
2358 note).
SEC. 261. QUARTERLY UPDATES ON THE OPTIONALLY MANNED FIGHTING
VEHICLE PROGRAM.
(a) In General.--Beginning not later than December 1, 2019, and on
a quarterly basis thereafter through October 1, 2022, the Assistant
Secretary shall provide to the Committees on Armed Services of the
Senate and 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) 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.
(4) Any other matters that the Assistant Secretary considers
relevant to a full understanding of the status and plans of the
program.
(c) Assistant Secretary Defined.--In this section, the term
``Assistant Secretary'' means the Assistant Secretary of the Army for
Acquisition, Logistics, and Technology (or the designee of the
Assistant Secretary), in consultation with the Commander of the Army
Futures Command (or the designee of the Commander).
SEC. 262. NATIONAL STUDY ON DEFENSE RESEARCH AT HISTORICALLY BLACK
COLLEGES AND UNIVERSITIES AND OTHER MINORITY INSTITUTIONS.
(a) Study Required.--The Secretary of Defense shall seek to enter
into an agreement with the National Academies of Sciences, Engineering,
and Medicine (referred to in this section as the ``National
Academies'') under which the National Academies will conduct a study on
the status of defense research at covered institutions and 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.
(b) Designation.--The study conducted under subsection (a) shall be
known as the ``National Study on Defense Research At Historically Black
Colleges and Universities and Other Minority Institutions''.
(c) Elements.--The study conducted under subsection (a) shall
include an examination of each of the following:
(1) The degree to which covered institutions are successful in
competing for and executing Department of Defense contracts and
grants for defense research.
(2) Best practices for advancing the capacity of covered
institutions to compete for and conduct research programs related
to national security and defense.
(3) The advancements and investments necessary to elevate
covered institutions to R2 status or R1 status on the Carnegie
Classification of Institutions of Higher Education, consistent with
the criteria of the classification system.
(4) The facilities and infrastructure for defense-related
research at covered institutions as compared to the facilities and
infrastructure at institutions classified as R1 status on the
Carnegie Classification of Institutions of Higher Education.
(5) Incentives to attract, recruit, and retain leading research
faculty to covered institutions.
(6) Best practices of institutions classified as R1 status on
the Carnegie Classification of Institutions of Higher Education,
including best practices with respect to--
(A) the establishment of a distinct legal entity to--
(i) enter into contracts or receive grants from the
Department;
(ii) lay the groundwork for future research
opportunities;
(iii) develop research proposals;
(iv) engage with defense research funding
organizations; and
(v) execute the administration of grants; and
(B) determining the type of legal entity, if any, to
establish for the purposes described in subparagraph (A).
(7) The ability of covered institutions to develop, protect,
and commercialize intellectual property created through defense-
related research.
(8) The total amount of defense research funding awarded to all
institutions of higher education, including covered institutions,
through contracts and grants for each of fiscal years 2010 through
2019 and, with respect to each such institution--
(A) whether the institution established a distinct legal
entity to enter into contracts or receive grants from the
Department and, if so, the type of legal entity that was
established;
(B) the total value of contracts and grants awarded to the
institution of higher education for each of fiscal years 2010
through 2019;
(C) the overhead rate of the institution of higher
education for fiscal year 2019;
(D) the institution's classification on the Carnegie
Classification of Institutions of Higher Education; and
(E) whether the institution qualifies as a covered
institution.
(9) Recommendations for strengthening and enhancing the
programs executed under section 2362 of title 10, United States
Code.
(10) Recommendations to enhance the capacity of covered
institutions to transition research products into defense
acquisition programs or commercialization.
(11) Previous executive or legislative actions by the Federal
Government to address imbalances in Federal research funding,
including such programs as the Defense Established Program to
Stimulate Competitive Research (commonly known as ``DEPSCoR'').
(12) The effectiveness of the Department in attracting and
retaining students specializing in science, technology,
engineering, and mathematics fields from covered institutions for
the Department's programs on emerging capabilities and
technologies.
(13) Recommendations for the development of incentives to
encourage research and educational collaborations between covered
institutions and other institutions of higher education.
(14) Any other matters the Secretary of Defense determines to
be relevant to advancing the defense research capacity of covered
institutions.
(d) Reports.--
(1) Initial report.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to
the President and the appropriate congressional committees an
initial report that includes--
(A) the findings of the study conducted under subsection
(a); and
(B) any recommendations that the National Academies may
have for action by the executive branch and Congress to improve
the participation of covered institutions in Department of
Defense research and any actions that may be carried out to
expand the research capacity of such institutions.
(2) Final report.--Not later than December 31, 2021, the
Secretary of Defense shall submit to the President and the
appropriate congressional committees a comprehensive report on the
results of the study required under subsection (a).
(3) Form of reports.--Each report submitted under this
subsection shall be made publicly available.
(e) Implementation Required.--
(1) In general.--Except as provided in paragraph (2), not later
than March 1, 2022, the Secretary of Defense shall commence
implementation of each recommendation included in the final report
submitted under subsection (d)(2).
(2) Exceptions.--
(A) Delayed implementation.--The Secretary of Defense may
commence implementation of a recommendation described paragraph
(1) later than March 1, 2022, if--
(i) the Secretary submits to the congressional defense
committees written notice of the intent of the Secretary to
delay implementation of the recommendation; and
(ii) includes, as part of such notice, a specific
justification for the delay in implementing the
recommendation.
(B) Nonimplementation.--The Secretary of Defense may elect
not to implement a recommendation described in paragraph (1),
if--
(i) the Secretary submits to the congressional defense
committees written notice of the intent of the Secretary
not to implement the recommendation; and
(ii) includes, as part of such notice--
(I) the reasons for the Secretary's decision not to
implement the recommendation; and
(II) a summary of alternative actions the Secretary
will carry out to address the purposes underlying the
recommendation.
(3) Implementation plan.--For each recommendation that the
Secretary implements under this subsection, the Secretary shall
submit to the congressional defense committees an implementation
plan that includes--
(A) a summary of actions that have been, or will be,
carried out to implement the recommendation; and
(B) a schedule, with specific milestones, for completing
the implementation of the recommendation.
(f) List of Covered Institutions.--The Secretary of Defense, in
consultation with the Secretary of Education and the Presidents of the
National Academies, shall make available a list identifying each
covered institution examined as part of the study under subsection (a).
The list shall be made available on a publicly accessible website and
shall be updated not less frequently than once annually until the date
on which the final report is submitted under subsection (d)(2).
(g) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the congressional defense committees;
(B) the Committee on Health, Education, Labor, and Pensions
of the Senate; and
(C) the Committee on Education and Labor of the House of
Representatives.
(2) The term ``covered institution'' means--
(A) 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
(B) 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. 263. STUDY ON NATIONAL SECURITY EMERGING BIOTECHNOLOGIES FOR
THE DEPARTMENT OF DEFENSE.
(a) Study Required.--
(1) In general.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall direct the
Defense Science Board to carry out a study on emerging
biotechnologies pertinent to national security.
(2) Participation.--Participants in the study shall include the
following:
(A) Such members of the Board as the Chairman of the Board
considers appropriate for the study.
(B) Such additional temporary members or contracted support
as the Secretary--
(i) selects from those recommended by the Chairman for
purposes of the study; and
(ii) considers to have significant technical, policy,
or military expertise.
(3) Elements.--The study conducted pursuant to paragraph (1)
shall include the following:
(A) A review of the military understanding and relevancy of
applications of emerging biotechnologies to national security
requirements of the Department of Defense, including--
(i) a review of all research and development relating
to emerging biotechnologies within the Department of
Defense, including areas that demand further priority and
investment;
(ii) a review of interagency cooperation and
collaboration on research and development relating to
emerging biotechnologies between--
(I) the Department;
(II) other departments and agencies in the Federal
Government; and
(III) appropriate private sector entities that are
involved in research and development relating to
emerging biotechnologies;
(iii) an assessment of current biotechnology research
in the commercial sector, institutions of higher education,
the intelligence community, and civilian agencies of the
Federal Government relevant to critical Department of
Defense applications of this research;
(iv) an assessment of the potential national security
risks of emerging biotechnologies, including risks relating
to foreign powers advancing their use of emerging
biotechnologies for military applications and other
purposes faster than the Department; and
(v) an assessment of the knowledge base of the
Department with respect to emerging biotechnologies,
including scientific expertise and infrastructure in the
Department and the capacity of the Department to integrate
emerging biotechnologies into its operational concepts,
capabilities, and forces.
(B) An assessment of the technical basis within the
Department used to inform the intelligence community of the
Department's collection and analysis needs relating to emerging
biotechnologies.
(C) Development of a recommendation on a definition of
emerging biotechnologies, as appropriate for the Department.
(D) Development of such recommendations as the Board may
have for legislative or administrative action relating to
national security emerging biotechnologies for the Department.
(4) Access to information.--The Secretary shall provide the
Board with timely access to appropriate information, data,
resources, and analysis so that the Board may conduct a thorough
and independent analysis as required under this section.
(5) Report.--(A) Not later than one year after the date on
which the Secretary directs the Board to conduct the study pursuant
to paragraph (1), the Board shall transmit to the Secretary a final
report on the study.
(B) Not later than 30 days after the date on which the
Secretary receives the final report under subparagraph (A), the
Secretary shall submit to the congressional defense committees such
report and such comments as the Secretary considers appropriate.
(b) Briefing Required.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall provide the
congressional defense committees a briefing on potential national
security risks of emerging biotechnologies, including risks relating to
foreign powers advancing their use of emerging biotechnologies for
military applications and other purposes faster than the Department.
SEC. 264. INDEPENDENT STUDY ON OPTIMIZING RESOURCES ALLOCATED TO
COMBATING TERRORISM TECHNICAL SUPPORT OFFICE.
(a) Independent Study.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall seek to enter
into a contract with a federally funded research and development center
under which the center will conduct a study on the optimal use of
resources allocated to the Combating Terrorism Technical Support
Office.
(b) Elements of Study.--In carrying out the study referred to in
subsection (a), the federally funded research and development center
with which the Secretary enters into a contract under such subsection
shall--
(1) evaluate the current mission and organization of the
Combating Terrorism Technical Support Office and its relation to
the objectives outlined in the National Defense Strategy;
(2) assess the extent to which the activities of the Combating
Terrorism Technical Support Office are complementary to and
coordinated with other relevant activities by other Department of
Defense entities, including activities of the Under Secretary of
Defense for Research and Engineering, the Under Secretary of
Defense for Acquisition and Sustainment, United States Special
Operations Command, and the military departments; and
(3) identify opportunities to improve the efficiency and
effectiveness of the Combating Terrorism Technical Support Office,
including through increased coordination, realignment, or
consolidation with other entities of the Department of Defense, if
appropriate.
(c) Submission to Department of Defense.--Not later than 180 days
after the date of the enactment of this Act, the federally funded
research and development center that conducts the study under
subsection (a) shall submit to the Secretary of Defense a report on the
results of the study in both classified and unclassified form.
(d) Submission to Congress.--Not later than 30 days after the date
on which the Secretary of Defense receives the report under subsection
(c), the Secretary shall submit to the congressional defense committees
an unaltered copy of the report in both classified and unclassified
form, and such comments as the Secretary may have with respect to the
report.
SEC. 265. INDEPENDENT ASSESSMENT OF ELECTRONIC WARFARE PLANS AND
PROGRAMS.
(a) Assessment.--Not later than 120 days after the date of the
enactment of this Act and pursuant to the arrangement entered into
under section 222, the Secretary of Defense shall seek to engage the
private scientific advisory group known as ``JASON'' to carry out an
independent assessment of electronic warfare plans and programs.
(b) Elements.--In carrying out the assessment under subsection (a),
JASON shall--
(1) assess the strategies, programs, order of battle, and
doctrine of the Department of Defense related to the electronic
warfare mission area and electromagnetic spectrum operations;
(2) assess the strategies, programs, order of battle, and
doctrine of potential adversaries, such as China, Iran, and the
Russian Federation, related to the such mission area and
operations;
(3) develop recommendations for improvements to the strategies,
programs, and doctrine of the Department of Defense in order to
enable the United States to achieve and maintain superiority in the
electromagnetic spectrum in future conflicts; and
(4) develop recommendations for the Secretary of Defense,
Congress, and such other Federal entities as JASON considers
appropriate, including recommendations for--
(A) closing technical, policy, or resource gaps;
(B) improving cooperation and appropriate integration
within the Department of Defense entities;
(C) improving cooperation between the United States and
other countries and international organizations as appropriate;
and
(D) such other important matters identified by JASON that
are directly relevant to the strategies of the Department of
Defense described in paragraph (3).
(c) Liaisons.--The Secretary of Defense shall appoint appropriate
liaisons to JASON to support the timely conduct of the services covered
by this section.
(d) Materials.--The Secretary of Defense shall provide access to
JASON to materials relevant to the services covered by this section,
consistent with the protection of sources and methods and other
critically sensitive information.
(e) Clearances.--The Secretary of Defense shall ensure that
appropriate members and staff of JASON have the necessary clearances,
obtained in an expedited manner, to conduct the services covered by
this section.
(f) Report.--Not later than October 1, 2020, the Secretary of
Defense shall submit to the congressional defense committees a report
on the results of the assessment carried out under subsection (a),
including--
(1) the results of the assessment with respect to each element
described in subsection (b);
(2) the recommendations developed by JASON pursuant to such
subsection.
(g) Relationship to Other Law.--The assessment required under
subsection (a) is separate and independent from the assessment
described in section 255 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
1705) and shall be carried out without regard to any agreement entered
into under that section or the results of any assessment conducted
pursuant to such agreement.
SEC. 266. TECHNICAL CORRECTION TO GLOBAL RESEARCH WATCH PROGRAM.
Section 2365 of title 10, United States Code, is amended--
(1) in subsections (a) and (d)(2), by striking ``Assistant
Secretary of Defense for Research and Engineering'' both places it
appears and inserting ``Under Secretary of Defense for Research and
Engineering'';
(2) in subsections (d)(3) and (e), by striking ``Assistant
Secretary'' both places it appears and inserting ``Under Secretary
of Defense for Research and Engineering''; and
(3) in subsection (d), by striking ``Assistant Secretary'' both
places it appears and inserting ``Under Secretary''.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Timeline for Clearinghouse review of applications for energy
projects that may have an adverse impact on military
operations and readiness.
Sec. 312. Authority to accept contributions of funds from applicants for
energy projects for mitigation of impacts on military
operations and readiness.
Sec. 313. Use of proceeds from sale of recyclable materials.
Sec. 314. Disposal of recyclable materials.
Sec. 315. Department of Defense improvement of previously conveyed
utility systems serving military installations.
Sec. 316. Modification of Department of Defense environmental
restoration authorities to include Federal Government
facilities used by National Guard.
Sec. 317. Use of operational energy cost savings of Department of
Defense.
Sec. 318. Sale of electricity from alternate energy and cogeneration
production facilities.
Sec. 319. Energy resilience programs and activities.
Sec. 320. Technical and grammatical corrections and repeal of obsolete
provisions relating to energy.
Sec. 321. 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. 322. Replacement of fluorinated aqueous film-forming foam with
fluorine-free fire-fighting agent.
Sec. 323. Prohibition of uncontrolled release of fluorinated aqueous
film-forming foam at military installations.
Sec. 324. Prohibition on use of fluorinated aqueous film forming foam
for training exercises.
Sec. 325. Real-time sound-monitoring at Navy installations where
tactical fighter aircraft operate.
Sec. 326. Development of extreme weather vulnerability and risk
assessment tool.
Sec. 327. Removal of barriers that discourage investments to increase
military installation resilience.
Sec. 328. Budgeting of Department of Defense relating to extreme
weather.
Sec. 329. Prohibition on Perfluoroalkyl Substances and Polyfluoroalkyl
Substances in Meals Ready-to-Eat Food Packaging.
Sec. 330. Disposal of materials containing per- and polyfluoroalkyl
substances or aqueous film-forming foam.
Sec. 331. Agreements to share monitoring data relating to perfluoroalkyl
and polyfluoroalkyl substances and other contaminants of
concern.
Sec. 332. Cooperative agreements with States to address contamination by
perfluoroalkyl and polyfluoroalkyl substances.
Sec. 333. Plan to phase out use of burn pits.
Sec. 334. Information relating to locations of burn pit use.
Sec. 335. Data quality review of radium testing conducted at certain
locations of the Department of the Navy.
Sec. 336. Reimbursement of Environmental Protection Agency for certain
costs in connection with the Twin Cities Army Ammunition
Plant, Minnesota.
Sec. 337. Pilot program for availability of working-capital funds for
increased combat capability through energy optimization.
Sec. 338. Report on efforts to reduce high energy intensity at military
installations.
Subtitle C--Treatment of Contaminated Water Near Military Installations
Sec. 341. Short title.
Sec. 342. Definitions.
Sec. 343. Provision of water uncontaminated with perfluorooctanoic acid
(PFOA) and perfluorooctane sulfonate (PFOS) for agricultural
purposes.
Sec. 344. Acquisition of real property by Air Force.
Sec. 345. Remediation plan.
Subtitle D--Logistics and Sustainment
Sec. 351. Materiel readiness metrics and objectives.
Sec. 352. 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. 353. Modification to limitation on length of overseas forward
deployment of naval vessels.
Sec. 354. Extension of temporary installation reutilization authority
for arsenals, depots, and plants.
Sec. 355. F-35 Joint Strike Fighter sustainment.
Sec. 356. Report on strategic policy for prepositioned materiel and
equipment.
Sec. 357. Pilot program to train skilled technicians in critical
shipbuilding skills.
Sec. 358. Requirement for military department inter-service depot
maintenance.
Sec. 359. Strategy to improve infrastructure of certain depots of the
Department of Defense.
Subtitle E--Reports
Sec. 361. Readiness reporting.
Sec. 362. Technical correction to deadline for transition to Defense
Readiness Reporting System Strategic.
Sec. 363. Report on Navy ship depot maintenance budget.
Sec. 364. Report on Runit Dome.
Sec. 365. Prohibition on subjective upgrades by commanders of unit
ratings in monthly readiness reporting on military units.
Sec. 366. Requirement to include foreign language proficiency in
readiness reporting systems of Department of Defense.
Subtitle F--Other Matters
Sec. 371. Prevention of encroachment on military training routes and
military operations areas.
Sec. 372. Expansion and enhancement of authorities on transfer and
adoption of military animals.
Sec. 373. 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. 374. Extension of authority of Secretary of Transportation to issue
non-premium aviation insurance.
Sec. 375. Defense personal property program.
Sec. 376. Public events about Red Hill Bulk Fuel Storage Facility.
Sec. 377. Sense of Congress regarding Innovative Readiness Training
program.
Sec. 378. Detonation chambers for explosive ordnance disposal.
Subtitle A--Authorization of Appropriations
SEC. 301. 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
operation and maintenance, as specified in the funding table in section
4301.
Subtitle B--Energy and Environment
SEC. 311. TIMELINE FOR CLEARINGHOUSE REVIEW OF APPLICATIONS FOR
ENERGY PROJECTS THAT MAY HAVE AN ADVERSE IMPACT ON MILITARY
OPERATIONS AND READINESS.
Section 183a(c)(1) of title 10, United States Code, is amended by
striking ``60 days'' and inserting ``75 days''.
SEC. 312. 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. 313. USE OF PROCEEDS FROM SALE OF RECYCLABLE MATERIALS.
Section 2577(c) of title 10, United States Code, is amended by
striking ``$2,000,000'' and inserting ``$10,000,000''.
SEC. 314. DISPOSAL OF RECYCLABLE MATERIALS.
Section 2577(a) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(3) In this section, the term `recyclable materials' may include
any quality recyclable material provided to the Department by a State
or local government entity, if such material is authorized by the
Office of the Secretary of Defense and identified in the regulations
prescribed under paragraph (1).''.
SEC. 315. 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. 316. MODIFICATION OF DEPARTMENT OF DEFENSE ENVIRONMENTAL
RESTORATION AUTHORITIES TO INCLUDE FEDERAL GOVERNMENT FACILITIES
USED BY NATIONAL GUARD.
(a) In General.--Section 2707 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(e) Authority for National Guard Projects.--Notwithstanding
subsection (a) of this section and section 2701(c)(1) of this title,
the Secretary concerned may use funds described in subsection (c) to
carry out an environmental restoration project at a facility in
response to perfluorooctanoic acid or perfluorooctane sulfonate
contamination under this chapter or CERCLA.''.
(b) Definition of Facility.--Section 2700(2) of such title is
amended--
(1) by striking ``The terms'' and inserting ``(A) The terms'';
and
(2) by adding at the end the following new subparagraph:
``(B) The term `facility' includes real property that is owned
by, leased to, or otherwise possessed by the United States at
locations at which military activities are conducted under this
title or title 32 (including real property owned or leased by the
Federal Government that is licensed to and operated by a State for
training for the National Guard).''.
(c) Inclusion of Pollutants and Contaminants in Environmental
Response Actions.--Section 2701(c) of such title is amended by
inserting ``or pollutants or contaminants'' after ``hazardous
substances'' each place it appears.
(d) Savings Clause.--Nothing in this section, or the amendments
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. 317. USE OF OPERATIONAL ENERGY COST SAVINGS OF DEPARTMENT OF
DEFENSE.
Section 2912 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``subsection (b)'' and
inserting ``subsection (b) or (c), as the case may be,'';
(2) in subsection (b), in the matter preceding paragraph (1),
by striking ``The Secretary of Defense'' and inserting ``Except as
provided in subsection (c) with respect to operational energy cost
savings, the Secretary of Defense'';
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b) the following new
subsection (c):
``(c) Use of Operational Energy Cost Savings.--The amount that
remains available for obligation under subsection (a) that relates to
operational energy cost savings realized by the Department shall be
used for the implementation of additional operational energy
resilience, efficiencies, mission assurance, energy conservation, or
energy security within the department, agency, or instrumentality that
realized that savings.''.
SEC. 318. SALE OF ELECTRICITY FROM ALTERNATE ENERGY AND
COGENERATION PRODUCTION FACILITIES.
Section 2916(b)(3)(B) of title 10, United States Code, is amended--
(1) 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
(2) 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. 319. ENERGY RESILIENCE PROGRAMS AND ACTIVITIES.
(a) Modification of Annual Energy Management and Resilience
Report.--Section 2925(a) of title 10, United States Code, is amended--
(1) in the subsection heading, by inserting ``and Readiness''
after ``Mission Assurance'';
(2) in the matter preceding paragraph (1), by inserting ``The
Secretary shall ensure that mission operators of critical
facilities provide to personnel of military installations any
information necessary for the completion of such report.'' after
``by the Secretary.'';
(3) in paragraph (4), in the matter preceding subparagraph (A),
by striking ``megawatts'' and inserting ``electric and thermal
loads''; and
(4) in paragraph (5), by striking ``megawatts'' and inserting
``electric and thermal loads''.
(b) Funding for Energy Program Offices.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretaries of the military departments
shall submit to the congressional defense committees a report
stating whether the program offices specified in paragraph (2) are
funded--
(A) at proper levels to ensure that the energy resilience
requirements of the Department of Defense are met; and
(B) at levels that are not less than in any previous fiscal
year.
(2) Program offices specified.--The program offices specified
in this paragraph are the following:
(A) The Power Reliability Enhancement Program of the Army.
(B) The Office of Energy Initiatives of the Army.
(C) The Office of Energy Assurance of the Air Force.
(D) The Resilient Energy Program Office of the Navy.
(3) Funding plan.--
(A) In general.--The Secretaries of the military
departments shall include in the report submitted under
paragraph (1) a funding plan for the next five fiscal years
beginning after the date of the enactment of this Act to ensure
that funding levels are, at a minimum, maintained during that
period.
(B) Elements.--The funding plan under subparagraph (A)
shall include, for each fiscal year covered by the plan, an
identification of the amounts to be used for the accomplishment
of energy resilience goals and objectives.
(c) Establishment of Targets for Water Use.--The Secretary of
Defense shall, where life-cycle cost-effective, improve water use
efficiency and management by the Department of Defense, including storm
water management, by--
(1) installing water meters and collecting and using water
balance data of buildings and facilities to improve water
conservation and management;
(2) reducing industrial, landscaping, and agricultural water
consumption in gallons by two percent annually through fiscal year
2030 relative to a baseline of such consumption by the Department
in fiscal year 2010; and
(3) installing appropriate sustainable infrastructure features
on installations of the Department to help with storm water and
wastewater management.
SEC. 320. TECHNICAL AND GRAMMATICAL CORRECTIONS AND REPEAL OF
OBSOLETE PROVISIONS RELATING TO ENERGY.
(a) Technical and Grammatical Corrections.--
(1) Technical corrections.--Title 10, United States Code, is
amended--
(A) in section 2913(c), by striking ``government'' and
inserting ``government or''; and
(B) in section 2926(d)(1), in the second sentence, by
striking ``Defense Agencies'' and inserting ``the Defense
Agencies''.
(2) Grammatical corrections.--Such title is further amended--
(A) in section 2922a(d), by striking ``resilience are
prioritized and included'' and inserting ``energy resilience
are included as critical factors''; and
(B) in section 2925(a)(3), by striking ``impacting energy''
and all that follows through the period at the end and
inserting ``degrading energy resilience at military
installations (excluding planned outages for maintenance
reasons), whether caused by on- or off-installation
disruptions, including the total number of outages and their
locations, the duration of each outage, the financial effect of
each outage, whether or not the mission was affected, the
downtimes (in minutes or hours) the mission can afford based on
mission requirements and risk tolerances, the responsible
authority managing the utility, and measures taken to mitigate
the outage by the responsible authority.''.
(b) Clarification of Applicability of Conflicting Amendments Made
by 2018 Defense Authorization Act.--Section 2911(e) of such title is
amended--
(1) by striking paragraphs (1) and (2) and inserting the
following new paragraphs:
``(1) Opportunities to reduce the current rate of consumption
of energy, the future demand for energy, and the requirement for
the use of energy.
``(2) Opportunities to enhance energy resilience to ensure the
Department of Defense has the ability to prepare for and recover
from energy disruptions that affect mission assurance on military
installations.''; and
(2) by striking the second paragraph (13).
(c) Conforming and Clerical Amendments.--
(1) Heading amendment.--The heading of section 2926 of such
title is amended to read as follows:
``Sec. 2926. Operational energy''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 173 of such title is amended by striking the item
relating to section 2926 and inserting the following new item:
``2926. Operational energy.''.
SEC. 321. 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. 322. REPLACEMENT OF FLUORINATED AQUEOUS FILM-FORMING FOAM WITH
FLUORINE-FREE FIRE-FIGHTING AGENT.
(a) Use of Fluorine-free Foam at Military Installations.--
(1) Military specification.--Not later than January 31, 2023,
the Secretary of the Navy shall publish a military specification
for a fluorine-free fire-fighting agent for use at all military
installations and ensure that such agent is available for use by
not later than October 1, 2023.
(2) Report to congress.--Concurrent with publication of the
military specification under paragraph (1), the Secretary of
Defense shall submit to the congressional defense committees a
report containing a detailed plan for implementing the transition
to a fluorine-free fire-fighting agent by not later than October 1,
2023. The report shall include--
(A) a detailed description of the progress of the
Department of Defense to identify a fluorine-free fire-fighting
agent for use as a replacement fire-fighting agent at military
installations;
(B) a description of any technology and equipment required
to implement the replacement fire-fighting agent;
(C) funding requirements, by fiscal year, to implement the
replacement fire-fighting agent, including funding for the
procurement of a replacement fire-fighting agent, required
equipment, and infrastructure improvements;
(D) a detailed timeline of remaining required actions to
implement such replacement.
(b) Limitation.--No amount authorized to be appropriated or
otherwise made available for the Department of Defense may be obligated
or expended after October 1, 2023, to procure fire-fighting foam that
contains in excess of one part per billion of perfluoroalkyl substances
and polyfluoroalkyl substances.
(c) Prohibition on Use.--Fluorinated aqueous film-forming foam may
not be used at any military installation on or after the earlier of the
following dates:
(1) October 1, 2024.
(2) The date on which the Secretary determines that compliance
with the prohibition under this subsection is possible.
(d) Exemption for Shipboard Use.--Subsections (b) and (c) shall not
apply to firefighting foam for use solely onboard ocean-going vessels.
(e) Waiver.--
(1) In general.--Subject to the limitations under paragraph
(2), the Secretary of Defense may waive the prohibition under
subsection (c) with respect to the use of fluorinated aqueous film-
forming foam, if, by not later than 60 days prior to issuing the
waiver, the Secretary--
(A) provides to the congressional defense committees a
briefing on the basis for the waiver and the progress to
develop and field a fluorine-free fire-fighting agent that
meets the military specifications issued pursuant to subsection
(a), which includes--
(i) detailed data on the progress made to identify a
replacement fluorine-free fire-fighting agent;
(ii) a description of the range of technology and
equipment-based solutions analyzed to implement
replacement;
(iii) a description of the funding, by fiscal year,
applied towards research, development, test, and evaluation
of replacement firefighting agents and equipment-based
solutions;
(iv) a description of any completed and projected
infrastructure changes;
(v) a description of acquisition actions made in
support of developing and fielding the fluorine-free fire-
fighting agent;
(vi) an updated timeline for the completion of the
transition to use of the fluorine-free fire-fighting agent;
and
(vii) a list of the categories of installation
infrastructure or specific mobile firefighting equipment
sets that require the waiver along with the justification;
(B) submits to the congressional defense committees
certification in writing, that--
(i) the waiver is necessary for either installation
infrastructure, mobile firefighting equipment, or both;
(ii) the waiver is necessary for the protection of life
and safety;
(iii) no agent or equipment solutions are available
that meet the military specific issued pursuant to
subsection (a);
(iv) the military specification issued pursuant to
subsection (a) is still valid and does not require
revision; and
(v) includes details of the measures in place to
minimize the release of and exposure to fluorinated
compounds in fluorinated aqueous film-forming foam; and
(C) provides for public notice of the waiver.
(2) Limitation.--The following limitations apply to a waiver
issued under this subsection:
(A) Such a waiver shall apply for a period that does not
exceed one year.
(B) The Secretary may extend such a waiver once for an
additional period that does not exceed one year, if the
requirements under paragraph (1) are met as of the date of the
extension of the waiver.
(C) The authority to grant a waiver under this subsection
may not be delegated below the level of the Secretary of
Defense.
(f) Definitions.--In this section:
(1) The term ``perfluoroalkyl substances'' means aliphatic
substances for which all of the H atoms attached to C atoms in the
nonfluorinated substance from which they are notionally derived
have been replaced by F atoms, except those H atoms whose
substitution would modify the nature of any functional groups
present.
(2) The term ``polyfluoroalkyl substances'' means aliphatic
substances for which all H atoms attached to at least one (but not
all) C atoms have been replaced by F atoms, in such a manner that
they contain the perfluoroalkyl moiety CnF2n+1_ (for example,
C8F17CH2CH2OH).
SEC. 323. 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. 324. 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. 325. REAL-TIME SOUND-MONITORING AT NAVY INSTALLATIONS WHERE
TACTICAL FIGHTER AIRCRAFT OPERATE.
(a) Monitoring.--The Secretary of the Navy shall conduct real-time
sound-monitoring at no fewer than two Navy installations and their
associated outlying landing fields on the west coast of the United
States where Navy combat coded F/A-18, E/A-18G, or F-35 aircraft are
based and operate and noise contours have been developed through noise
modeling. Sound monitoring under such study shall be conducted--
(1) during times of high, medium, and low activity over the
course of a 12-month period; and
(2) along and in the vicinity of flight paths used to approach
and depart the selected installations and their outlying landing
fields.
(b) Plan for Additional Monitoring.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of the Navy shall
submit to the congressional defense committees a plan for real-time
sound monitoring described in subsection (a) in the vicinity of
training areas predominantly overflown by tactical fighter aircraft
from the selected installations and outlying landing fields, including
training areas that consist of real property administered by the
Federal Government (including Department of Defense, Department of
Interior, and Department of Agriculture), State and local governments,
and privately owned land with the permission of the owner.
(c) Report Required.--Not later than December 1, 2020, the
Secretary of the Navy shall submit to the congressional defense
committees a report on the 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 Secretary determines
appropriate.
(d) Public Availability of Monitoring Results.--The Secretary shall
make the results of the monitoring required under subsection (a)
publicly available on a website of the Department of Defense.
SEC. 326. DEVELOPMENT OF EXTREME WEATHER VULNERABILITY AND RISK
ASSESSMENT TOOL.
(a) In General.--The Secretary of Defense shall consult with the
entities described in subsection (b) to determine whether an existing
climate vulnerability and risk assessment tool is available or can be
adapted to be used to quantify the risks associated with extreme
weather events and the impact of such events on networks, systems,
installations, facilities, and other assets to inform mitigation
planning and infrastructure development.
(b) Consultation.--In determining the availability of an
appropriate tool to use or adapt for use 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) Best Available Science.--Before choosing a tool for use or
adaptation for use 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 relies on the best publicly available science for the
prediction of extreme weather risk and effective mitigation of that
risk.
(d) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees a report on the implementation of this section. Such
report shall include--
(1) in the case that a tool has been chosen under subsection
(a) before the date of the submittal of the report, a description
of the tool and how such tool will be used by the Department; or
(2) in the case that the Secretary determines that no available
tool meets the requirements of the Department as described in
subsection (a) or is readily adaptable for use, a plan for the
development of such a tool, including the estimated cost and
timeframe for development of such a tool.
SEC. 327. REMOVAL OF BARRIERS THAT DISCOURAGE INVESTMENTS TO
INCREASE MILITARY INSTALLATION RESILIENCE.
(a) In General.--The Secretary of Defense shall--
(1) identify and seek to remove barriers that discourage
investments to increase military installation resilience;
(2) reform policies and programs that unintentionally increased
the vulnerability of systems to related extreme weather events; and
(3) develop, and update at least once every four years, an
adaptation plan to assess how climate impacts affected the ability
of the Department of Defense to accomplish its mission, and the
short-and long- term actions the Department can take to ensure
military installation resilience.
(b) Military Installation Resilience.--In this section, the term
``military installation resilience'' has the meaning given such term in
section 101(e)(8) of title 10, United States Code.
SEC. 328. BUDGETING OF DEPARTMENT OF DEFENSE RELATING TO EXTREME
WEATHER.
(a) In General.--The Secretary of Defense shall include in the
annual budget submission of the President under section 1105(a) of
title 31, United States Code--
(1) a dedicated budget line item for adaptation to, and
mitigation of, effects of extreme weather on military networks,
systems, installations, facilities, and other assets and
capabilities of the Department of Defense; and
(2) an estimate of the anticipated adverse impacts to the
readiness of the Department and the financial costs to the
Department during the year covered by the budget of the loss of, or
damage to, military networks, systems, installations, facilities,
and other assets and capabilities of the Department, including loss
of or obstructed access to training ranges, as a result extreme
weather events.
(b) Disaggregation of Impacts and Costs.--The estimate under
subsection (a)(2) shall set forth the adverse readiness impacts and
financial costs under that subsection by military department, Defense
Agency, and other component or element of the Department.
(c) Extreme Weather Defined.--In this section, the term ``extreme
weather'' means recurrent flooding, drought, desertification,
wildfires, and thawing permafrost.
SEC. 329. PROHIBITION ON PERFLUOROALKYL SUBSTANCES AND
POLYFLUOROALKYL SUBSTANCES IN MEALS READY-TO-EAT FOOD PACKAGING.
(a) Prohibition.--Not later than October 1, 2021, the Director of
the Defense Logistics Agency shall ensure that any food contact
substances that are used to assemble and package meals ready-to-eat
(MREs) procured by the Defense Logistics Agency do not contain any
perfluoroalkyl substances or polyfluoroalkyl substances.
(b) Definitions.--In this section:
(1) Perfluoroalkyl substance.--The term ``perfluoroalkyl
substance'' means a man-made chemical of which all of the carbon
atoms are fully fluorinated carbon atoms.
(2) Polyfluoroalkyl substance.--The term ``polyfluoroalkyl
substance'' means a man-made chemical containing a mix of fully
fluorinated carbon atoms, partially fluorinated carbon atoms, and
nonfluorinated carbon atoms.
SEC. 330. DISPOSAL OF MATERIALS CONTAINING PER- AND POLYFLUOROALKYL
SUBSTANCES OR AQUEOUS FILM-FORMING FOAM.
(a) In General.--The Secretary of Defense shall ensure that when
materials containing per- and polyfluoroalkyl substances (referred to
in this section as ``PFAS'') or aqueous film forming foam (referred to
in this section as ``AFFF'') are disposed--
(1) all incineration is conducted at a temperature range
adequate to break down PFAS chemicals while also ensuring the
maximum degree of reduction in emission of PFAS, including
elimination of such emissions where achievable;
(2) all incineration is conducted in accordance with the
requirements of the Clean Air Act (42 USC 7401 et seq.), including
controlling hydrogen fluoride;
(3) any materials containing PFAS that are designated for
disposal are stored in accordance with the requirement under part
264 of title 40, Code of Federal Regulations; and
(4) all incineration is conducted at a facility that has been
permitted to receive waste regulated under subtitle C of the Solid
Waste Disposal Act (42 USC 6921 et seq.).
(b) Scope of Application.--The requirements in subsection (a) only
apply to all legacy AFFF formulations containing PFAS, materials
contaminated by AFFF release, and spent filters or other PFAS
contaminated materials resulting from site remediation or water
filtration that--
(1) have been used by the Department of Defense or a military
department; or
(2) are being discarded for disposal by means of incineration
by the Department of Defense or a military department; or
(3) are being removed from sites or facilities owned or
operated by the Department of Defense.
SEC. 331. AGREEMENTS TO SHARE MONITORING DATA RELATING TO
PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES AND OTHER
CONTAMINANTS OF CONCERN.
(a) In General.--The Secretary of Defense shall seek to enter into
agreements with municipalities or municipal drinking water utilities
located adjacent to military installations under which both the
Secretary and the municipalities and utilities would share monitoring
data relating to perfluoroalkyl substances, polyfluoroalkyl substances,
and other emerging contaminants of concern collected at the military
installation.
(b) Publicly Available Website.--The Secretary of Defense shall
maintain a publicly available website that provides a clearinghouse for
information about the exposure of members of the Armed Forces, their
families, and their communities to per- and polyfluoroalkyl substances.
The information provided on the website shall include information on
testing, clean-up, and recommended available treatment methodologies.
(c) Public Communication.--An agreement under subsection (a) does
not negate the responsibility of the Secretary to communicate with the
public about drinking water contamination from perfluoroalkyl
substances, polyfluoroalkyl substances, and other contaminants.
(d) Military Installation Defined.--In this section, the term
``military installation'' has the meaning given that term in section
2801(c) of title 10, United States Code.
SEC. 332. COOPERATIVE AGREEMENTS WITH STATES TO ADDRESS
CONTAMINATION BY PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES.
(a) Cooperative Agreements.--
(1) In general.--Upon request from the Governor or chief
executive of a State, the Secretary of Defense shall work
expeditiously, pursuant to section 2701(d) of title 10, United
States Code, to finalize a cooperative agreement, or amend an
existing cooperative agreement to address testing, monitoring,
removal, and remedial actions relating to the contamination or
suspected contamination of drinking, surface, or ground water from
PFAS originating from activities of the Department of Defense by
providing the mechanism and funding for the expedited review and
approval of documents of the Department related to PFAS
investigations and remedial actions from an active or
decommissioned military installation, including a facility of the
National Guard.
(2) Minimum standards.--A cooperative agreement finalized or
amended under paragraph (1) shall meet or exceed the most stringent
of the following standards for PFAS in any environmental media:
(A) An enforceable State standard, in effect in that State,
for drinking, surface, or ground water, as described in section
121(d)(2)(A)(ii) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9621(d)(2)(A)(ii)).
(B) An enforceable Federal standard for drinking, surface,
or ground water, as described in section 121(d)(2)(A)(i) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(i)).
(C) A health advisory under section 1412(b)(1)(F) of the
Safe Drinking Water Act (42 U.S.C. 300g-1(b)(1)(F)).
(3) Other authority.--In addition to the requirements for a
cooperative agreement under paragraph (1), when otherwise
authorized to expend funds for the purpose of addressing ground or
surface water contaminated by a perfluorinated compound, the
Secretary of Defense may, to expend those funds, enter into a grant
agreement, cooperative agreement, or contract with--
(A) the local water authority with jurisdiction over the
contamination site, including--
(i) a public water system (as defined in section 1401
of the Safe Drinking Water Act (42 U.S.C. 300f)); and
(ii) a publicly owned treatment works (as defined in
section 212 of the Federal Water Pollution Control Act (33
U.S.C. 1292)); or
(B) a State, local, or Tribal government.
(b) Report.--Beginning on February 1, 2020, if a cooperative
agreement is not finalized or amended under subsection (a) within one
year after the request from the Governor or chief executive under that
subsection, and annually thereafter, the Secretary of Defense shall
submit to the appropriate committees and Members of Congress a report--
(1) explaining why the agreement has not been finalized or
amended, as the case may be; and
(2) setting forth a projected timeline for finalizing or
amending the agreement.
(c) Definitions.--In this section:
(1) Appropriate committees and members of congress.--The term
``appropriate committees and Members of Congress'' means--
(A) the congressional defense committees;
(B) the Senators who represent a State impacted by PFAS
contamination described in subsection (a)(1); and
(C) the Members of the House of Representatives who
represent a district impacted by such contamination.
(2) Fully fluorinated carbon atom.--The term ``fully
fluorinated carbon atom'' means a carbon atom on which all the
hydrogen substituents have been replaced by fluorine.
(3) PFAS.--The term ``PFAS'' means perfluoroalkyl and
polyfluoroalkyl substances that are man-made chemicals with at
least one fully fluorinated carbon atom.
(4) State.--The term ``State'' has the meaning given the term
in section 101 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
SEC. 333. PLAN TO PHASE OUT USE OF BURN PITS.
Not later than one year after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a plan to phase out the use of the burn pits identified in
the Department of Defense Open Burn Pit Report to Congress dated April
2019.
SEC. 334. INFORMATION RELATING TO LOCATIONS OF BURN PIT USE.
The Secretary of Defense shall provide to the Secretary of Veterans
Affairs and to Congress a list of all locations where open-air burn
pits have been used by the Secretary of Defense, for the purposes of
augmenting the research, healthcare delivery, disability compensation,
and other activities of the Secretary of Veterans Affairs.
SEC. 335. DATA QUALITY REVIEW OF RADIUM TESTING CONDUCTED AT
CERTAIN LOCATIONS OF THE DEPARTMENT OF THE NAVY.
(a) Review of Radium Testing.--Except as provided in subsection
(b), the Secretary of the Navy shall provide for an independent third-
party data quality review of all radium testing completed by
contractors of the Department of the Navy at a covered location.
(b) Exception.--In the case of a covered location for which an
independent third-party data quality review of all radium testing
completed by contractors of the Department has been conducted prior to
the date of the enactment of this Act, the requirement under subsection
(a) shall not apply if the Secretary of the Navy submits to the
congressional defense committees a report containing--
(1) a certification that such review has been conducted for
such covered location; and
(2) a description of the results of such review.
(c) Covered Location Defined.--In this section, the term ``covered
location'' means any of the following:
(1) Naval Weapons Industrial Reserve Plant, Bethpage, New York.
(2) Hunter's Point Naval Shipyard, San Francisco, California.
SEC. 336. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION AGENCY FOR
CERTAIN COSTS IN CONNECTION WITH THE TWIN CITIES ARMY AMMUNITION
PLANT, MINNESOTA.
(a) Transfer Amount.--Notwithstanding section 2215 of title 10,
United States Code, the Secretary of Defense may transfer to the
Administrator of the Environmental Protection Agency--
(1) in fiscal year 2020, not more than $890,790; and
(2) in each of fiscal years 2021 through 2026, not more than
$150,000.
(b) Purpose of Reimbursement.--The amount authorized to be
transferred under subsection (a) is to reimburse the Environmental
Protection Agency for costs the Agency has incurred and will incur
relating to the response actions performed at the Twin Cities Army
Ammunition Plant, Minnesota, through September 30, 2025.
(c) Interagency Agreement.--The reimbursement described in
subsection (b) is intended to satisfy certain terms of the interagency
agreement entered into by the Department of the Army and the
Environmental Protection Agency for the Twin Cities Army Ammunition
Plant that took effect in December 1987 and that provided for the
recovery of expenses by the Agency from the Department of the Army.
SEC. 337. PILOT PROGRAM FOR AVAILABILITY OF WORKING-CAPITAL FUNDS
FOR INCREASED COMBAT CAPABILITY THROUGH ENERGY OPTIMIZATION.
(a) In General.--Notwithstanding section 2208 of title 10, United
States Code, the Secretary of Defense and the military departments may
use a working capital fund established pursuant to that section for
expenses directly related to conducting a pilot program for energy
optimization initiatives described in subsection (b).
(b) Energy Optimization Initiatives.--Energy optimization
initiatives covered by the pilot program include the research,
development, procurement, installation, and sustainment of technologies
or weapons system platforms, and the manpower required to do so, that
would improve the efficiency and maintainability, extend the useful
life, lower maintenance costs, or provide performance enhancement of
the weapon system platform or major end item.
(c) Limitation on Certain Projects.--Funds may not be used pursuant
to subsection (a) for--
(1) any product improvement that significantly changes the
performance envelope of an end item; or
(2) any single component with an estimated total cost in excess
of $10,000,000.
(d) Limitation in Fiscal Year Pending Timely Report.--If during any
fiscal year the report required by paragraph (1) of subsection (e) is
not submitted by the date specified in paragraph (2) of that
subsection, funds may not be used pursuant to subsection (a) during the
period--
(1) beginning on the date specified in such paragraph (2); and
(2) ending on the date of the submittal of the report.
(e) Annual Report.--
(1) In general.--The Secretary of Defense shall submit an
annual report to the congressional defense committees on the use of
the authority under subsection (a) during the preceding fiscal
year.
(2) Deadline for submittal.--The report required by paragraph
(1) in a fiscal year shall be submitted not later than 60 days
after the date of the submittal to Congress of the budget of the
President for the succeeding fiscal year pursuant to section 1105
of title 31, United States Code.
(3) Recommendation.--In the case of the report required to be
submitted under paragraph (1) during fiscal year 2020, the report
shall include the recommendation of the Secretary of Defense and
the military departments regarding whether the authority under
subsection (a) should be made permanent.
(f) Sunset.--The authority under subsection (a) shall expire on
October 1, 2024.
SEC. 338. REPORT ON EFFORTS TO REDUCE HIGH ENERGY INTENSITY AT
MILITARY INSTALLATIONS.
(a) Report.--
(1) Report required.--Not later than September 1, 2020, the
Under Secretary of Defense for Acquisition and Sustainment, in
conjunction with the assistant secretaries responsible for
installations and environment for the military departments and the
Defense Logistics Agency, shall submit to the congressional defense
committees a report detailing the efforts to achieve cost savings
at military installations with high energy intensity.
(2) Elements.--The report required under paragraph (1) shall
include the following elements:
(A) A comprehensive, installation-specific assessment of
feasible and mission-appropriate energy initiatives supporting
energy production and consumption at military installations
with high energy intensity.
(B) An assessment of current sources of energy in areas
with high energy intensity and potential future sources that
are technologically feasible, cost-effective, and mission-
appropriate for military installations.
(C) A comprehensive implementation strategy to include
required investment for feasible energy efficiency options
determined to be the most beneficial and cost-effective, where
appropriate, and consistent with priorities of the Department
of Defense.
(D) An explanation on how the military departments are
working collaboratively in order to leverage lessons learned on
potential energy efficiency solutions.
(E) An assessment of the extent to which activities
administered under the Federal Energy Management Program of the
Department of Energy could be used to assist with the
implementation strategy under subparagraph (C).
(F) An assessment of State and local partnership
opportunities that could achieve efficiency and cost savings,
and any legislative authorities required to carry out such
partnerships or agreements.
(3) Coordination with state, local, and other entities.--In
preparing the report required under paragraph (1), the Under
Secretary of Defense for Acquisition and Sustainment may work in
conjunction and coordinate with the States containing areas of high
energy intensity, local communities, and other Federal agencies.
(b) Definition.--In this section, the term ``high energy
intensity'' means costs for the provision of energy by kilowatt of
electricity or British Thermal Unit of heat or steam for a military
installation in the United States that is in the highest 20 percent of
all military installations for a military department.
Subtitle C--Treatment of Contaminated Water Near Military Installations
SEC. 341. SHORT TITLE.
This subtitle may be cited as the ``Prompt and Fast Action to Stop
Damages Act of 2019''.
SEC. 342. DEFINITIONS.
In this subtitle:
(1) PFOA.--The term ``PFOA'' means perfluorooctanoic acid.
(2) PFOS.--The term ``PFOS'' means perfluorooctane sulfonate.
SEC. 343. PROVISION OF WATER UNCONTAMINATED WITH PERFLUOROOCTANOIC
ACID (PFOA) AND PERFLUOROOCTANE SULFONATE (PFOS) FOR AGRICULTURAL
PURPOSES.
(a) Authority.--
(1) In general.--Using amounts authorized to be appropriated or
otherwise made available for operation and maintenance for the
military department concerned, or for operation and maintenance
Defense-wide in the case of the Secretary of Defense, the Secretary
concerned may provide water sources uncontaminated with
perfluoroalkyl and polyfluoroalkyl substances, including PFOA and
PFOS, or treatment of contaminated waters, for agricultural
purposes used to produce products destined for human consumption in
an area in which a water source has been determined pursuant to
paragraph (2) to be contaminated with such compounds by reason of
activities on a military installation under the jurisdiction of the
Secretary concerned.
(2) Applicable standard.--For purposes of paragraph (1), an
area is determined to be contaminated with PFOA or PFOS if--
(A) the level of contamination is above the Lifetime Health
Advisory for contamination with such compounds issued by the
Environmental Protection Agency and printed in the Federal
Register on May 25, 2016; or
(B) on or after the date the Food and Drug Administration
sets a standard for PFOA and PFOS in raw agricultural
commodities and milk, the level of contamination is above such
standard.
(b) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' means the following:
(1) The Secretary of the Army, with respect to the Army.
(2) The Secretary of the Navy, with respect to the Navy, the
Marine Corps, and the Coast Guard (when it is operating as a
service in the Navy).
(3) The Secretary of the Air Force, with respect to the Air
Force.
(4) The Secretary of Defense, with respect to the Defense
Agencies.
SEC. 344. ACQUISITION OF REAL PROPERTY BY AIR FORCE.
(a) Authority.--
(1) In general.--The Secretary of the Air Force may acquire one
or more parcels of real property within the vicinity of an Air
Force base that has shown signs of contamination from PFOA and PFOS
due to activities on the base and which would extend the contiguous
geographic footprint of the base and increase the force protection
standoff near critical infrastructure and runways.
(2) Improvements and personal property.--The authority under
paragraph (1) to acquire real property described in that paragraph
shall include the authority to purchase improvements and personal
property located on that real property.
(3) Relocation expenses.--The authority under paragraph (1) to
acquire real property described in that paragraph shall include the
authority to provide Federal financial assistance for moving costs,
relocation benefits, and other expenses incurred in accordance with
the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4601 et seq.).
(b) Environmental Activities.--The Air Force shall conduct such
activities at a parcel or parcels of real property acquired under
subsection (a) as are necessary to remediate contamination from PFOA
and PFOS related to activities at the Air Force base.
(c) Funding.--Funds for the land acquisitions authorized under
subsection (a) shall be derived from amounts authorized to be
appropriated for fiscal year 2020 for military construction or the
unobligated balances of appropriations for military construction that
are enacted after the date of the enactment of this Act.
(d) Rule of Construction.--The authority under this section
constitutes authority to carry out land acquisitions for purposes of
section 2802 of title 10, United States Code.
SEC. 345. REMEDIATION PLAN.
(a) 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 remediation plan for cleanup of all water at or adjacent to
a military installation that is contaminated with PFOA or PFOS.
(b) Study.--In preparing the remediation plan under subsection (a),
the Secretary shall conduct a study on the contamination of water at
military installations with PFOA or PFOS.
(c) Budget Amount.--The Secretary shall ensure that each budget of
the President submitted to Congress under section 1105(a) of title 31,
United States Code, requests funding in amounts necessary to address
remediation efforts under the remediation plan submitted under
subsection (a).
Subtitle D--Logistics and Sustainment
SEC. 351. MATERIEL READINESS METRICS AND OBJECTIVES.
(a) Annual Report on Major Weapons Systems Sustainment.--
(1) In general.--Chapter 2 of title 10, United States Code, is
amended by inserting after section 117 the following new section:
``Sec. 118. Annual report on major weapons systems sustainment
``Not later than five days after the date on which the Secretary of
Defense submits to Congress the materials in support of the budget of
the President for a fiscal year, the Secretary of Defense shall submit
to the congressional defense committees an annual report on major
weapons systems sustainment for the period covered by the future years
defense program specified by section 221 of this title. Such report
shall include--
``(1) an assessment of the materiel availability, materiel
reliability, and mean down time metrics for each major weapons
system;
``(2) a detailed explanation of any factors that could preclude
the Department of Defense or any of the military departments from
meeting applicable readiness goals or objectives; and
``(3) an assessment of the validity and effectiveness of the
definitions used to determine defense readiness, including the
terms `major weapons system', `covered asset', `total and required
inventory', `materiel and operational availability', `materiel and
operational capability', `materiel and operational reliability'.''.
(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. Annual report on major weapons systems sustainment.''.
(b) Assessment of Materiel Readiness and Weapons System
Sustainment.--
(1) Assessment required.--Not later than March 1, 2020, the
Secretary of Defense shall complete a comprehensive assessment of
the materiel readiness and weapons systems sustainment of the
Department of Defense across the Department organic industrial base
and industry partners.
(2) Contents.--The assessment required by paragraph (1) shall
include--
(A) an assessment of the overall readiness strategy of the
Department of Defense and the capability of such strategy to
measure, track, and assess the readiness of major weapons
systems;
(B) an assessment of the use of objectives and metrics;
(C) a description of applicable reporting requirements; and
(D) applicable definitions and common usage of relevant
terms, including the terms ``major weapons system'', ``covered
asset'', ``total and required inventory'', ``materiel and
operational availability'', ``materiel and operational
capability'', ``materiel and operational reliability'', and
``maintenance costs''.
(3) Submission to congress.--The Secretary shall provide to the
congressional defense committees--
(A) a briefing on the assessment required by paragraph (1)
by not later than March 1, 2020; and
(B) a final report on such assessment by not later than
April 1, 2020.
SEC. 352. 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. 353. MODIFICATION TO LIMITATION ON LENGTH OF OVERSEAS FORWARD
DEPLOYMENT OF NAVAL VESSELS.
Section 323 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Extension of Limitation on Length of Overseas Forward
Deployment for U.S.S. Shiloh (CG-67).--Notwithstanding subsection (b),
the Secretary of the Navy shall ensure that the U.S.S. Shiloh (CG-67)
is assigned a homeport in the United States by not later than September
30, 2023.''.
SEC. 354. EXTENSION OF TEMPORARY INSTALLATION REUTILIZATION
AUTHORITY FOR ARSENALS, DEPOTS, AND PLANTS.
Section 345(d) of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 10 U.S.C. 2667 note) is amended by
striking ``September 30, 2020'' and inserting ``September 30, 2025''.
SEC. 355. 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, in coordination with the
military departments, will ensure business rules for the
prioritization of F-35 parts across all program participants are
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. 356. REPORT ON STRATEGIC POLICY FOR PREPOSITIONED MATERIEL AND
EQUIPMENT.
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.
SEC. 357. PILOT PROGRAM TO TRAIN SKILLED TECHNICIANS IN CRITICAL
SHIPBUILDING SKILLS.
(a) Establishment.--The Secretary of the Navy may carry out a pilot
program to train individuals to become skilled technicians in critical
shipbuilding skills such as welding, metrology, quality assurance,
machining, and additive manufacturing.
(b) Partnerships.--In carrying out the pilot program under this
section, the Secretary may partner with existing Federal or State
projects relating to investment and infrastructure in training and
education or workforce development, such as the National Network for
Manufacturing Innovation, the Industrial Base Analysis and Sustainment
program of the Department of Defense, and the National Maritime
Educational Council.
(c) Termination.--The authority to carry out a pilot program under
this section shall terminate on September 30, 2025.
(d) Briefings.--If the Secretary carries out a pilot program under
this section, the Secretary shall provide briefings to the Committees
on Armed Services of the Senate and the House of Representatives as
follows:
(1) Not later than 30 days before beginning to implement the
pilot program, the Secretary shall provide a briefing on the plan,
cost estimate, and schedule for the pilot program.
(2) Not less frequently than annually during the period when
the pilot program is carried out, the Secretary shall provide
briefings on the progress of the Secretary in carrying out the
pilot program.
SEC. 358. REQUIREMENT FOR MILITARY DEPARTMENT INTER-SERVICE DEPOT
MAINTENANCE.
(a) Joint Process for Technical Compliance and Quality Control.--If
the Secretary of a military department transfers any maintenance action
on a platform to a depot under the jurisdiction of the Secretary of
another military department, the two Secretaries shall develop and
implement a process to ensure the technical compliance and quality
control for the work performed.
(b) Requirements.--A process developed under subsection (a) shall
include the following requirements--
(1) The Secretary of the military department with jurisdiction
over the depot to which the maintenance action is transferred
shall--
(A) ensure that the technical specifications, requirements,
and standards for work to be performed are provided to such
action or depot; and
(B) implement procedures to ensure that completed work
complies with such specifications, requirements and standards.
(2) The Secretary who transfers the maintenance activity or
depot shall ensure that--
(A) the technical specifications and requirements are
clearly understood; and
(B) the work performed is completed to the technical
specifications, requirements, and standards prescribed under
paragraph (1), and that the Secretary of the military
department with jurisdiction over the depot is informed of any
shortcoming or discrepancy.
(c) Reports.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for Acquisition
and Sustainment shall submit to the congressional defense committees a
report containing a certification that sufficient policy and procedures
are in place to ensure quality control when the depot or maintenance
activities of one military department support another. The report shall
include a description of known shortfalls in existing policies and
procedures and actions the Department of Defense is taking to address
such shortfalls.
SEC. 359. STRATEGY TO IMPROVE INFRASTRUCTURE OF CERTAIN DEPOTS OF
THE DEPARTMENT OF DEFENSE.
(a) Strategy Required.--Not later than October 1, 2020, the
Secretary of Defense shall submit to the congressional defense
committees a comprehensive strategy for improving the depot
infrastructure of the military departments with the objective of
ensuring that all covered depots have the capacity and capability to
support the readiness and material availability goals of current and
future weapon systems of the Department of Defense.
(b) Elements.--The strategy under subsection (a) shall include the
following:
(1) A comprehensive review of the conditions and performance at
each covered depot, including the following:
(A) An assessment of the current status of the following
elements:
(i) Cost and schedule performance of the depot.
(ii) Material availability of weapon systems supported
at the depot and the impact of the performance of the depot
on that availability.
(iii) Work in progress and non-operational items
awaiting depot maintenance.
(iv) The condition of the depot.
(v) The backlog of restoration and modernization
projects at the depot.
(vi) The condition of equipment at the depot.
(vii) the vulnerability of the depot to adverse
environmental conditions and, if necessary, the investment
required to withstand those conditions.
(B) An identification of analytically based goals relating
to the elements identified in subparagraph (A).
(2) A business-case analysis that assesses investment
alternatives comparing cost, performance, risk, and readiness
outcomes and recommends an optimal investment approach across the
Department of Defense to ensure covered depots efficiently and
effectively meet the readiness goals of the Department, including
an assessment of the following alternatives:
(A) The minimum investment necessary to meet investment
requirements under section 2476 of title 10, United States
Code.
(B) The investment necessary to ensure the current
inventory of facilities at covered depots can meet the mission-
capable, readiness, and contingency goals of the Secretary of
Defense.
(C) The investment necessary to execute the depot
infrastructure optimization plans of each military department.
(D) Any other strategies for investment in covered depots,
as identified by the Secretary.
(3) A plan to improve conditions and performance of covered
depots that identifies the following:
(A) The approach of the Secretary of Defense for achieving
the goals outlined in paragraph (1)(B).
(B) The resources and investments required to implement the
plan.
(C) The activities and milestones required to implement the
plan.
(D) A results-oriented approach to assess--
(i) the progress of each military department in
achieving such goals; and
(ii) the progress of the Department in implementing the
plan.
(E) Organizational roles and responsibilities for
implementing the plan.
(F) A process for conducting regular management review and
coordination of the progress of each military department in
implementing the plan and achieving such goals.
(G) The extent to which the Secretary has addressed
recommendations made by the Comptroller General of the United
States relating to depot operations during the five-year period
preceding the date of submittal of the strategy under this
section.
(H) Risks to implementing the plan and mitigation
strategies to address those risks.
(c) Annual Report on Progress.--As part of the annual budget
submission of the President under section 1105(a) of title 31, United
States Code, the Secretary of Defense shall submit to the congressional
defense committees a report describing the progress made in--
(1) implementing the strategy under subsection (a); and
(2) achieving the goals outlined in subsection (b)(1)(B).
(d) Comptroller General Reports.--
(1) Assessment of strategy.--Not later than January 1, 2021,
the Comptroller General of the United States shall submit to the
congressional defense committees a report assessing the extent to
which the strategy under subsection (a) meets the requirements of
this section.
(2) Assessment of implementation.--Not later than April 1,
2022, the Comptroller General shall submit to the congressional
defense committees a report setting forth an assessment of the
extent to which the strategy under subsection (a) has been
effectively implemented by each military department and the
Secretary of Defense.
(e) Covered Depot Defined.--In this section, the term ``covered
depot'' has the meaning given that term in section 2476(e) of title 10,
United States Code.
Subtitle E--Reports
SEC. 361. READINESS REPORTING.
(a) Readiness Reporting System.--Section 117 of title 10, United
States 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. 362. TECHNICAL CORRECTION TO DEADLINE FOR TRANSITION TO
DEFENSE READINESS REPORTING SYSTEM STRATEGIC.
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. 363. 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 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. 364. 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 shall submit to the
Committees on Armed Services of the Senate and House of Representatives
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 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.
(2) The effects on the environment that the dome has currently
and is projected to have in 5 years, 10 years, and 20 years.
(3) An assessment of the current condition of the outer
constructs of the dome.
(4) An assessment of the current and long-term safety to local
humans posed by the site.
(5) An assessment of how rising sea levels might affect the
dome.
(6) A summary of interactions between the Government of the
United States and the government of the Marshall Islands about the
dome.
(c) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form and made publicly available.
SEC. 365. PROHIBITION ON SUBJECTIVE UPGRADES BY COMMANDERS OF UNIT
RATINGS IN MONTHLY READINESS REPORTING ON MILITARY UNITS.
(a) In General.--The Chairman of the Joint Chiefs of Staff shall
modify Chairman of the Joint Chiefs of Staff Instruction (CJCSI)
3401.02B, on Force Readiness Reporting, to prohibit the commander of a
military unit who is responsible for monthly reporting of the readiness
of the unit under the instruction from making any upgrade of the
overall rating of the unit (commonly referred to as the ``C-rating'')
for such reporting purposes based in whole or in part on subjective
factors.
(b) Waiver.--
(1) In general.--The modification required by subsection (a)
shall authorize an officer in a general or flag officer grade in
the chain of command of a commander described in that subsection to
waive the prohibition described in that subsection in connection
with readiness reporting on the unit concerned if the officer
considers the waiver appropriate in the circumstances.
(2) Reporting on waivers.--Each report on personnel and unit
readiness submitted to Congress for a calendar year quarter
pursuant to section 482 of title 10, United States Code, shall
include information on each waiver, if any, issued pursuant to
paragraph (1) during such calendar year quarter.
SEC. 366. REQUIREMENT TO INCLUDE FOREIGN LANGUAGE PROFICIENCY IN
READINESS REPORTING SYSTEMS OF DEPARTMENT OF DEFENSE.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Defense and the Secretary of each military department
shall include in the Global Readiness and Force Management Enterprise,
for the appropriate billets with relevant foreign language
requirements, measures of foreign language proficiency as a mandatory
element of unit readiness reporting, to include the Defense Readiness
Reporting Systems-Strategic (DRRS-S) and all other subordinate systems
that report readiness data.
Subtitle F--Other Matters
SEC. 371. PREVENTION OF ENCROACHMENT ON MILITARY TRAINING ROUTES
AND MILITARY OPERATIONS AREAS.
Section 183a of title 10, United States Code, is amended--
(1) in subsection (c)(6), in the second sentence--
(A) by striking ``radar or airport surveillance radar
operated'' and inserting ``radar, airport surveillance radar,
or wide area surveillance over-the-horizon radar operated'';
and
(B) by inserting ``Any setback for a project pursuant to
the previous sentence shall not be more than what is determined
to be necessary by a technical analysis conducted by the
Lincoln Laboratory at the Massachusetts Institute of Technology
or any successor entity.'' after ``mitigation options.'';
(2) in subsection (d)--
(A) in paragraph (2)(E), by striking ``to a Deputy
Secretary of Defense, an Under Secretary of Defense, or a
Principal Deputy Under Secretary of Defense'' and inserting
``to the Deputy Secretary of Defense, an Under Secretary of
Defense, or a Deputy Under Secretary of Defense'';
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following new
paragraph (3):
``(3) The governor of a State may recommend to the Secretary of
Defense additional geographical areas of concern within that State. Any
such recommendation shall be submitted for notice and comment pursuant
to paragraph (2)(C).'';
(3) in subsection (e)(3), by striking ``an under secretary of
defense, or a deputy under secretary of defense'' and inserting
``an Under Secretary of Defense, or a Deputy Under Secretary of
Defense'';
(4) in subsection (f), in the first sentence, by striking
``from an applicant for a project filed with the Secretary of
Transportation pursuant to section 44718 of title 49'' and
inserting ``from an entity requesting a review by the Clearinghouse
under this section''; and
(5) in subsection (h)--
(A) by redesignating paragraphs (3), (4), (5), (6), and (7)
as paragraphs (4), (5), (6), (7), and (9), respectively;
(B) by inserting after paragraph (2) the following new
paragraph (3):
``(3) The term `governor', with respect to a State, means the
chief executive officer of the State.'';
(C) in paragraph (7), as redesignated by subparagraph (A),
by striking ``by the Federal Aviation Administration'' and
inserting ``by the Administrator of the Federal Aviation
Administration''; and
(D) by inserting after paragraph (7), as redesignated by
subparagraph (A), the following new paragraph:
``(8) The term `State' means the several States, the District
of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands, Guam, the United States Virgin
Islands, and American Samoa.''.
SEC. 372. EXPANSION AND ENHANCEMENT OF AUTHORITIES ON TRANSFER AND
ADOPTION OF MILITARY ANIMALS.
(a) Transfer and Adoption Generally.--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''; and
(B) in the first sentence, by striking ``adoption'' and
inserting ``transfer or adoption''; and
(C) in the second sentence, striking ``adoptability'' and
inserting ``transferability or adoptability'';
(3) in subsection (c)(1)--
(A) in the matter preceding subparagraph (A)--
(i) by inserting ``transfer or'' before ``adoption'';
and
(ii) by inserting ``, by'' after ``recommended
priority'';
(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''; and
(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''.
(b) Veterinary Screening and Care for Military Working Dogs to Be
Retired.--Such section is further amended--
(1) by redesignating subsections (f), (g), and (h) as
subsections (g), (h), and (i), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Veterinary Screening and Care for Military Working Dogs To Be
Retired.--(1)(A) If the Secretary of the military department concerned
determines that a military working dog should be retired, such
Secretary shall transport the dog to the Veterinary Treatment Facility
at Lackland Air Force Base, Texas.
``(B) In the case of a contract working dog to be retired,
transportation required by subparagraph (A) is satisfied by the
transfer of the dog to the 341st Training Squadron at the end of the
dog's service life as required by section 2410r of this title and
assignment of the dog to the Veterinary Treatment Facility referred to
in that subparagraph.
``(2)(A) The Secretary of Defense shall ensure that each dog
transported as described in paragraph (1) to the Veterinary Treatment
Facility referred to in that paragraph is provided with a full
veterinary screening, and necessary veterinary care (including surgery
for any mental, dental, or stress-related illness), before
transportation of the dog in accordance with subsection (g).
``(B) For purposes of this paragraph, stress-related illness
includes illness in connection with post-traumatic stress, anxiety that
manifests in a physical ailment, obsessive compulsive behavior, and any
other stress-related ailment.
``(3) Transportation is not required under paragraph (1), and
screening and care is not required under paragraph (2), for a military
working dog located outside the United States if the Secretary of the
military department concerned determines that transportation of the dog
to the United States would not be in the best interests of the dog for
medical reasons.''.
(c) Coordination of Screening and Care Requirements With
Transportation Requirements.--Subsection (g) of such section, as
redesignated by subsection (b)(1) of this section, is amended to read
as follows:
``(g) Transportation of Retiring Military Working Dogs.--Upon
completion of veterinary screening and care for a military working dog
to be retired pursuant to subsection (f), the Secretary of the military
department concerned shall--
``(1) if the dog was at a location outside the United States
immediately prior to transportation for such screening and care and
a United States citizen or member of the armed forces living abroad
agrees to adopt the dog, transport the dog to such location for
adoption; or
``(2) for any other dog, transport the dog--
``(A) to the 341st Training Squadron;
``(B) to another location within the United States for
transfer or adoption under this section.''.
(d) Preservation of Policy on Transfer of Military Working Dogs to
Law Enforcement Agencies.--Subsection (h) of such section, as so
redesignated, is amended in paragraph (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.''.
(e) Clarification of Horses Treatable as Military Animals.--
Subsection (i) of such section, as so redesignated, is amended by
striking paragraph (2) and inserting the following new paragraph (2):
``(2) An equid (horse, mule, or donkey) owned by the Department
of Defense.''.
(f) Contract Term for Contract Working Dogs.--Section 2410r(a) of
title 10, United States Code, is amended--
(1) by inserting ``, and shall contain a contract term,'' after
``shall require'';
(2) by inserting ``and assigned for veterinary screening and
care in accordance with section 2583 of this title'' after ``341st
Training Squadron''; and
(3) by striking ``section 2583 of this title'' and inserting
``such section''.
SEC. 373. 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. 374. 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. 375. DEFENSE PERSONAL PROPERTY PROGRAM.
(a) Report on Personal Property Program Improvement Action Plan.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment and the Under Secretary of Defense for
Personnel and Readiness shall jointly submit to the congressional
defense committees a report on implementation of the Personal
Property Program Improvement Action Plan that was developed by the
Personnel Relocation/Household Goods Movement Cross-Functional
Team.
(2) Contents of report.--The report required under paragraph
(1) shall include updated information on the efforts of the
Department of Defense to--
(A) integrate permanent-change-of-station orders with
transportation systems;
(B) reduce the number of report dates during peak moving
season;
(C) synchronize the communication of information about
orders to all parties involved, including industry;
(D) improve lead time for permanent-change-of-station
orders;
(E) meet quality assurance inspection standards;
(F) improve the claims review process; and
(G) incorporate predictive analytics to anticipate
potentially problematic shipments.
(3) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment and the Assistant Secretary of Defense
for Personnel and Readiness shall jointly provide to the
congressional defense committees a briefing on the report required
under this subsection.
(b) Business Case Analysis.--Not later than 30 days after the date
of the enactment of this Act, the Commander of United States
Transportation Command shall submit to the congressional defense
committees a business case analysis for the proposed award of a global
household goods contract for the defense personal property program.
(c) GAO Report.--Not later than 30 days after the date on which the
Commander of United States Transportation Command submits the business
case analysis required by subsection (b), the Comptroller General of
the United States shall submit to the congressional defense committees
a report on a comprehensive study conducted by the Comptroller General
that includes--
(1) an analysis of the effects that the outsourcing of the
management and oversight of the movement of household goods to a
private entity or entities would have on members of the Armed
Forces and their families;
(2) a comprehensive cost-benefit analysis; and
(3) recommendations for changes to the strategy of the
Department of Defense for the defense personal property program.
(d) Limitation.--None of the funds authorized to be appropriated by
this Act or otherwise made available for the Department of Defense for
fiscal year 2020 may be used to enter into a global household goods
contract until April 1, 2020.
(e) 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. 376. 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. 377. 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. 378. DETONATION CHAMBERS FOR EXPLOSIVE ORDNANCE DISPOSAL.
(a) In General.--The Secretary of the Navy shall purchase and
operate a portable closed detonation chamber and water jet cutting
system to be deployed at a former naval bombardment area located
outside the continental United States that is part of an active
remediation program using amounts made available for environmental
restoration, Navy. Upon a determination by the Secretary of the Navy
that the chamber has completed the mission of destroying appropriately
sized munitions at such former naval bombardment area, the Secretary
may deploy the chamber to another location.
(b) Authorization of Appropriations.--There is authorized to be
appropriated for fiscal year 2020 $10,000,000 to carry out subsection
(a).
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum
levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active
duty for operational support.
Sec. 415. Authorized strengths for Marine Corps Reserves on active duty.
Sec. 416. Modification of authorized strength of Air Force Reserve
serving on full-time reserve component duty for administration
of the reserves or the National Guard.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty personnel
as of September 30, 2020, as follows:
(1) The Army, 480,000.
(2) The Navy, 340,500.
(3) The Marine Corps, 186,200.
(4) The Air Force, 332,800.
SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END STRENGTH MINIMUM
LEVELS.
Section 691(b) of title 10, United States Code, is amended by
striking paragraphs (1) through (4) and inserting the following new
paragraphs:
``(1) For the Army, 480,000.
``(2) For the Navy, 340,500.
``(3) For the Marine Corps, 186,200.
``(4) For the Air Force, 332,800.''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths for
Selected Reserve personnel of the reserve components as of September
30, 2020, as follows:
(1) The Army National Guard of the United States, 336,000.
(2) The Army Reserve, 189,500.
(3) The Navy Reserve, 59,000.
(4) The Marine Corps Reserve, 38,500.
(5) The Air National Guard of the United States, 107,700.
(6) The Air Force Reserve, 70,100.
(7) The Coast Guard Reserve, 7,000.
(b) End Strength Reductions.--The end strengths prescribed by
subsection (a) for the Selected Reserve of any reserve component shall
be proportionately reduced by--
(1) the total authorized strength of units organized to serve
as units of the Selected Reserve of such component which are on
active duty (other than for training) at the end of the fiscal
year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or for
unsatisfactory participation in training) without their consent at
the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual members
of the Selected Reserve of any reserve component are released from
active duty during any fiscal year, the end strength prescribed for
such fiscal year for the Selected Reserve of such reserve component
shall be increased proportionately by the total authorized strengths of
such units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF
THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30,
2020, the following number of Reserves to be serving on full-time
active duty or full-time duty, in the case of members of the National
Guard, for the purpose of organizing, administering, recruiting,
instructing, or training the reserve components:
(1) The Army National Guard of the United States, 30,595.
(2) The Army Reserve, 16,511.
(3) The Navy Reserve, 10,155.
(4) The Marine Corps Reserve, 2,386.
(5) The Air National Guard of the United States, 22,637.
(6) The Air Force Reserve, 4,431.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).
(a) In General.--The minimum number of military technicians (dual
status) as of the last day of fiscal year 2020 for the reserve
components of the Army and the Air Force (notwithstanding section 129
of title 10, United States Code) shall be the following:
(1) For the Army National Guard of the United States, 22,294.
(2) For the Army Reserve, 6,492.
(3) For the Air National Guard of the United States, 13,569.
(4) For the Air Force Reserve, 8,938.
(b) Limitation.--Under no circumstances may a military technician
(dual status) employed under the authority of this section be coerced
by a State into accepting an offer of realignment or conversion to any
other military status, including as a member of the Active, Guard, and
Reserve program of a reserve component. If a military technician (dual
status) declines to participate in such realignment or conversion, no
further action will be taken against the individual or the individual's
position.
(c) Adjustment of Authorized Strength.--
(1) In general.--If, at the end of fiscal year 2019, the Air
National Guard of the United States does not meet its full-time
support realignment goals for such fiscal year (as presented in the
justification materials of the Department of Defense in support of
the budget of the President for such fiscal year under section 1105
of title 31, United States Code), the authorized number of military
technicians (dual status) of the Air National Guard of the United
States under subsection (a)(3) shall be increased by the number
equal to the difference between--
(A) 3,190, which is the number of military technicians
(dual status) positions in the Air National Guard of the United
States sought to be converted to the Active, Guard, and Reserve
program of the Air National Guard during fiscal year 2019; and
(B) the number of realigned positions achieved in the Air
National Guard by the end of fiscal year 2019.
(2) Limitation.--The increase under paragraph (1) in the
authorized number of military technician (dual status) positions
described in that paragraph may not exceed 2,292.
(3) Decrease in authorized number of angus reserves on active
duty in support of the reserves.--In the event of an adjustment to
the authorized number military technicians (dual status) of the Air
National Guard of the United States under this subsection, the
number of members of the Air National Guard of the United States
authorized by section 412(5) to be on active duty as of September
30, 2020, shall be decreased by the number equal to the number of
such adjustment.
(d) Certification.--Not later than January 1, 2020, the Chief of
the National Guard Bureau shall certify to the Committees on Armed
Services of the Senate and House of Representatives the number of
positions realigned from a military technician (dual status) position
to a position in the Active, Guard, and Reserve program of a reserve
component in fiscal year 2019.
(e) Definitions.--In subsections (b), (c), and (d):
(1) The term ``realigned position'' means any military
technician (dual status) position which has been converted or
realigned to a position in an Active, Guard, and Reserve program of
a reserve component under the full time support rebalancing plan of
the Armed Force concerned, regardless of whether such position is
encumbered.
(2) The term ``Active, Guard, and Reserve program'', in the
case of a reserve component, means the program of the reserve
component under which Reserves serve 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 such reserve component.
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. 415. AUTHORIZED STRENGTHS FOR MARINE CORPS RESERVES ON ACTIVE
DUTY.
(a) Officers.--Section 12011(a)(1) of title 10, United States Code,
is amended by striking those parts of the table pertaining to the
Marine Corps Reserve and inserting the following:
``Marine Corps Reserve:
1,000......................... 99 63 20
1,200......................... 103 67 21
1,300......................... 107 70 22
1,400......................... 111 73 23
1,500......................... 114 76 24
1,600......................... 117 79 25
1,700......................... 120 82 26
1,800......................... 123 85 27
1,900......................... 126 88 28
2,000......................... 129 91 29
2,100......................... 132 94 30
2,200......................... 134 97 31
2,300......................... 136 100 32
2,400......................... 143 105 34
2,500......................... 149 109 35
2,600......................... 155 113 36
2,700......................... 161 118 37
2,800......................... 167 122 39
2,900......................... 173 126 41
3,000......................... 179 130 42''.
(c) Senior Enlisted Members.--Section 12012(a) of title 10, United
States Code, is amended by striking those parts of the table pertaining
to the Marine Corps Reserve and inserting the following:
``Marine Corps Reserve:
1,100....................................... 50 11
1,200....................................... 55 12
1,300....................................... 60 13
1,400....................................... 65 14
1,500....................................... 70 15
1,600....................................... 75 16
1,700....................................... 80 17
1,800....................................... 85 18
1,900....................................... 89 19
2,000....................................... 93 20
2,100....................................... 96 21
2,200....................................... 99 22
2,300....................................... 101 23
2,400....................................... 106 24
2,500....................................... 112 25
2,600....................................... 116 26
2,700....................................... 121 27
2,800....................................... 125 28
2,900....................................... 130 29
3,000....................................... 134 30''.
SEC. 416. MODIFICATION OF AUTHORIZED STRENGTH OF AIR FORCE RESERVE
SERVING ON FULL-TIME RESERVE COMPONENT DUTY FOR ADMINISTRATION OF
THE RESERVES OR THE NATIONAL GUARD.
(a) In General.--The table in section 12011(a)(1) of title 10,
United States Code, is amended by striking the matter relating to the
Air Force Reserve and inserting the following new matter:
``Air Force Reserve
1,000 166 170 100
1,500 245 251 143
2,000 322 330 182
2,500 396 406 216
3,000 467 479 246
3,500 536 550 271
4,000 602 618 292
4,500 665 683 308
5,000 726 746 320
5,500 784 806 325
6,000 840 864 327
7,000 962 990 347
8,000 1,087 1,110 356
10,000 1,322 1,362 395''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2019, and shall apply with respect to fiscal
years beginning on or after that date.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal year 2020 for the use of the Armed Forces
and other activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for military personnel, as
specified in the funding table in section 4401.
(b) Construction of Authorization.--The authorization of
appropriations in subsection (a) supersedes any other authorization of
appropriations (definite or indefinite) for such purpose for fiscal
year 2020.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Maker of original appointments in a regular or reserve
component of commissioned officers previously subject to
original appointment in other type of component.
Sec. 502. Furnishing of adverse information on officers to promotion
selection boards.
Sec. 503. Limitation on number of officers recommendable for promotion
by promotion selection boards.
Sec. 504. Expansion of authority for continuation on active duty of
officers in certain military specialties and career tracks.
Sec. 505. Management policies for joint qualified officers.
Sec. 506. Modification of authorities on management of deployments of
members of the Armed Forces and related unit operating and
personnel tempo matters.
Sec. 507. Personnel tempo of the Armed Forces and the United States
Special Operations Command during periods of inapplicability
of high-deployment limitations.
Sec. 508. Permanent authority to defer past age 64 the retirement of
chaplains in general and flag officer grades.
Sec. 509. Higher grade in retirement for officers following reopening of
determination or certification of retired grade.
Sec. 510. Authority of promotion boards to recommend that officers of
particular merit be placed higher on promotion list.
Sec. 510A. Availability on the internet of certain information about
officers serving in general or flag officer grades.
Sec. 510B. Functional badge or insignia upon commission for chaplains.
Subtitle B--Reserve Component Management
Sec. 511. Modification of grade level threshold for Junior Reserve
Officers' Training Corps.
Sec. 512. Inclusion of STEM in courses of instruction for the Junior
Reserve Officers' Training Corps.
Sec. 513. Inclusion of homeschooled students in Junior Reserve Officers'
Training Corps units.
Sec. 514. Clarification of eligibility to serve as Commander, Marine
Forces Reserve.
Sec. 515. Extension and periodic evaluation of suicide prevention and
resilience program for the reserve components.
Sec. 516. Authority to defer mandatory separation at age 68 of officers
in medical specialties in the reserve components.
Sec. 517. Modernization of inspection authorities applicable to the
National Guard.
Sec. 518. Consultation with Chief of the National Guard Bureau in the
appointment or designation of National Guard property and
fiscal officers.
Sec. 519. Coast Guard Junior Reserve Officers' Training Corps.
Sec. 520. Repeal of requirement for review of certain Army Reserve
officer unit vacancy promotions by commanders of associated
active duty units.
Sec. 520A. Report on methods to enhance domestic response to large
scale, complex and catastrophic disasters.
Sec. 520B. Report and briefing on the Senior Reserve Officers' Training
Corps.
Sec. 520C. Sense of Congress on increase in number of Junior Reserve
Officers' Training Corps units.
Subtitle C--General Service Authorities and Correction of Military
Records
Sec. 521. Advice and counsel of trauma experts in review by boards for
correction of military records and discharge review boards of
certain claims.
Sec. 522. Reduction in required number of members of discharge review
boards.
Sec. 523. Establishment of process to review a request for upgrade of
discharge or dismissal.
Sec. 524. Prohibition on reduction in the number of personnel assigned
to duty with a service review agency.
Sec. 525. Training of members of boards for correction of military
records and discharge review boards on sexual trauma, intimate
partner violence, spousal abuse, and related matters.
Sec. 526. Time requirements for certification of honorable service.
Sec. 527. Correction of certain discharge characterizations.
Sec. 528. Development of guidelines for use of unofficial sources of
information to determine eligibility of members and former
members of the Armed Forces for decorations when the service
records are incomplete because of damage to the official
record.
Sec. 529. Strategic plan for diversity and inclusion.
Sec. 530. Study regarding screening individuals who seek to enlist in
the Armed Forces.
Sec. 530A. Feasibility study regarding notification to Secretary of
Homeland Security of honorable discharges of non-citizens.
Sec. 530B. Sense of Congress regarding accession physicals.
Subtitle D--Military Justice
Sec. 531. Expansion of pre-referral matters reviewable by military
judges and military magistrates in the interest of efficiency
in military justice.
Sec. 532. Command influence.
Sec. 533. Statute of limitations for certain offenses.
Sec. 534. Public access to dockets, filings, and court records of
courts-martial or other records of trial of the military
justice system.
Sec. 535. Extension of Defense Advisory Committee on Investigation,
Prosecution, and Defense of Sexual Assault in the Armed
Forces.
Sec. 536. Authority for return of personal property to victims of sexual
assault who file a Restricted Report before conclusion of
related proceedings.
Sec. 537. Guidelines on sentences for offenses committed under the
Uniform Code of Military Justice.
Sec. 538. Notification of significant events and documentation of
preference for prosecution jurisdiction for victims of sexual
assault.
Sec. 539. Increase in number of digital forensic examiners for certain
military criminal investigative organizations.
Sec. 540. Increase in investigative personnel and Victim Witness
Assistance Program liaisons.
Sec. 540A. Training for sexual assault initial disposition authorities
on exercise of disposition authority for sexual assault and
collateral offenses.
Sec. 540B. Training for commanders in the Armed Forces on their role in
all stages of military justice in connection with sexual
assault.
Sec. 540C. Timely disposition of nonprosecutable sex-related offenses.
Sec. 540D. Department of Defense-wide policy and military department-
specific programs on reinvigoration of the prevention of
sexual assault involving members of the Armed Forces.
Sec. 540E. Recommendations on separate punitive article in the Uniform
Code of Military Justice on sexual harassment.
Sec. 540F. Report on military justice system involving alternative
authority for determining whether to prefer or refer changes
for felony offenses under the Uniform Code of Military
Justice.
Sec. 540G. Report on standardization among the military departments in
collection and presentation of information on matters within
the military justice system.
Sec. 540H. Report on expansion of Air Force safe to report policy across
the Armed Forces.
Sec. 540I. Assessment of racial, ethnic, and gender disparities in the
military justice system.
Sec. 540J. Pilot programs on defense investigators in the military
justice system.
Sec. 540K. Report on preservation of recourse to restricted report on
sexual assault for victims of sexual assault following certain
victim or third-party communications.
Sec. 540L. Report on establishment of guardian ad litem program for
certain military dependents who are a victim or witness of an
offense under the Uniform Code of Military Justice involving
abuse or exploitation.
Sec. 540M. Comptroller General of the United States report on
implementation by the Armed Forces of recent statutory
requirements on sexual assault prevention and response in the
military.
Sec. 540N. Sense of Congress on the Port Chicago 50.
Subtitle E--Other Legal Matters
Sec. 541. Improvement of certain Special Victims' Counsel authorities.
Sec. 542. Availability of Special Victims' Counsel at military
installations.
Sec. 543. Notification of issuance of military protective order to
civilian law enforcement.
Sec. 544. Copyright protection for civilian faculty of certain
accredited institutions.
Sec. 545. Termination of leases of premises and motor vehicles of
servicemembers who incur catastrophic injury or illness or die
while in military service.
Sec. 546. Military orders required for termination of leases pursuant to
the Servicemembers Civil Relief Act.
Sec. 547. Preservation of right to bring class action under
Servicemembers Civil Relief Act.
Sec. 548. Legal counsel for victims of alleged domestic violence
offenses.
Sec. 549. 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. 550. Treatment of information in Catch a Serial Offender Program
for certain purposes.
Sec. 550A. Policies and procedures on registration at military
installations of civilian protective orders applicable to
members of the Armed Forces assigned to such installations and
certain other individuals.
Sec. 550B. Defense Advisory Committee for the Prevention of Sexual
Misconduct.
Sec. 550C. Training for Special Victims' Counsel on civilian criminal
justice matters in the States of the military installations to
which assigned.
Sec. 550D. Enhancing the capability of military criminal investigative
organizations to prevent and combat child sexual exploitation.
Sec. 550E. Feasibility study on establishment of database of military
protective orders.
Sec. 550F. GAO review of USERRA and SCRA.
Subtitle F--Member Education
Sec. 551. Authority for detail of certain enlisted members of the Armed
Forces as students at law schools.
Sec. 552. Inclusion of Coast Guard in Department of Defense STARBASE
Program.
Sec. 553. Degree granting authority for United States Army Armament
Graduate School; limitation on establishment of certain
educational institutions.
Sec. 554. Prohibition on off-duty employment for cadets and midshipmen
completing obligated service after graduation.
Sec. 555. Consideration of request for transfer of a cadet or midshipman
at a military service academy who is the victim of a sexual
assault or related offense.
Sec. 556. Redesignation of the Commandant of the United States Air Force
Institute of Technology as the Director and Chancellor of such
Institute.
Sec. 557. Eligibility of additional enlisted members for associate
degree programs of the Community College of the Air Force.
Sec. 558. Speech disorders of cadets and midshipmen.
Sec. 559. Requirement to continue provision of tuition assistance for
members of the Armed Forces.
Sec. 560. Information on institutions of higher education participating
in the Department of Defense Tuition Assistance Program.
Sec. 560A. Inclusion of information on free credit monitoring in annual
financial literacy briefing.
Sec. 560B. Programs to facilitate the award of private pilot's
certificates.
Subtitle G--Member Training and Transition
Sec. 561. Requirement to provide information regarding benefits claims
to members during TAP counseling.
Sec. 562. Participation of other Federal agencies in the SkillBridge
apprenticeship and internship program for members of the Armed
Forces.
Sec. 563. First modification of elements of report on the improved
Transition Assistance Program.
Sec. 564. Second modification of elements of report on the improved
Transition Assistance Program.
Sec. 565. Prohibition on gender-segregated training at Marine Corps
Recruit Depots.
Sec. 566. Assessment of deaths of recruits under the jurisdiction of the
Secretaries of the military departments.
Sec. 567. Review of Department of Defense training programs regarding
disinformation campaigns.
Sec. 568. Command matters in connection with transition assistance
programs.
Sec. 569. Machine readability and electronic transferability of
Certificate of Release or Discharge from Active Duty (DD Form
214).
Sec. 570. Records of service for Reserves.
Sec. 570A. Limitations and requirements in connection with separations
for members of the Armed Forces who suffer from mental health
conditions in connection with a sex-related, intimate partner
violence-related, or spousal-abuse offense.
Sec. 570B. Prohibition on involuntary separation of certain members of
the Armed Forces; consideration of military service in removal
determinations.
Sec. 570C. Inclusion of question regarding immigration status on
preseparation counseling checklist (DD Form 2648).
Sec. 570D. Counseling for members of the Armed Forces who are not
citizens of the United States on naturalization in the United
States.
Sec. 570E. Pilot program on information sharing between Department of
Defense and designated relatives and friends of members of the
Armed Forces regarding the experiences and challenges of
military service.
Sec. 570F. Connections of members retiring or separating from the Armed
Forces with community-based organizations and related
entities.
Sec. 570G. Pilot program regarding online application for the Transition
Assistance Program.
Subtitle H--Military Family Readiness and Dependents' Education
Sec. 571. Authorizing members to take leave for a birth or adoption in
more than one increment.
Sec. 572. Deferred deployment for members who give birth.
Sec. 573. Authority of the Secretary concerned to transport remains of a
covered decedent to no more than two places selected by the
person designated to direct disposition of the remains.
Sec. 574. Military funeral honors matters.
Sec. 575. Improvement of occupational license portability for relocated
spouses of members of the uniformed services.
Sec. 576. Continued eligibility for education and training opportunities
for spouses of promoted members.
Sec. 577. Modification to authority to reimburse for State licensure and
certification costs of a spouse of a servicemember arising
from relocation.
Sec. 578. Clarification regarding eligibility to transfer entitlement
under Post-9/11 Educational Assistance Program.
Sec. 579. Annual State report card.
Sec. 580. Improvements to child care for members of the Armed Forces.
Sec. 580A. Transportation of remains of casualties; travel expenses for
next of kin.
Sec. 580B. Meetings of officials of the Department of Defense with
representative groups of survivors of deceased members of the
Armed Forces.
Sec. 580C. Information and opportunities for registration for voting and
absentee ballot requests for members of the Armed Forces
undergoing deployment overseas.
Sec. 580D. Study on two-way military ballot barcode tracking.
Sec. 580E. Assistance to schools with military dependent students.
Sec. 580F. First expansion of the My Career Advancement Account program
for military spouses.
Sec. 580G. Second expansion of the My Career Advancement Account program
for military spouses.
Sec. 580H. Report on training and support available to military spouses.
Sec. 580I. Ri'katak Guest Student Program at United States Army
Garrison-Kwajalein Atoll.
Subtitle I--Decorations and Awards
Sec. 581. Modification of authorities on eligibility for and replacement
of gold star lapel buttons.
Sec. 582. Standardization of honorable service requirement for award of
military decorations.
Sec. 583. Authorization for award of the Medal of Honor to John J. Duffy
for acts of valor in Vietnam.
Sec. 584. Review of World War I valor medals.
Subtitle J--Miscellaneous Reports and Other Matters
Sec. 591. Clarification of the term ``assault'' for purposes of
Workplace and Gender Relations Surveys.
Sec. 592. Inclusion of certain veterans on temporary disability or
permanent disabled retirement lists in military adaptive
sports programs.
Sec. 593. Questions in surveys regarding extremist activity in the
workplace.
Sec. 594. Study on best practices for providing financial literacy
education for separating members of the Armed Forces.
Sec. 595. Report on oversight of authorized strengths of certain grades
of commissioned regular and reserve officers of the Armed
Forces.
Sec. 596. Report on certain waivers.
Sec. 597. Notifications on manning of afloat naval forces.
Sec. 598. Report regarding use of aerial systems of the Department of
Defense to support agencies of States, Territories, and the
Federal Government.
Sec. 599. Information for members of the Armed Forces on availability of
services of the Department of Veterans Affairs relating to
sexual trauma.
Sec. 599A. Authority to issue an honorary promotion to Colonel Charles
E. McGee, United States Air Force (ret.), to the grade of
brigadier general.
Sec. 599B. Authority to issue an honorary and posthumous promotion to
Lieutenant Colonel Richard Cole, United States Air Force
(ret.), to the grade of colonel.
Sec. 599C. Sense of Congress on the honorable and distinguished service
of General Joseph F. Dunford, United States Marine Corps, to
the United States.
Subtitle A--Officer Personnel Policy
SEC. 501. MAKER OF ORIGINAL APPOINTMENTS IN A REGULAR OR RESERVE
COMPONENT OF COMMISSIONED OFFICERS PREVIOUSLY SUBJECT TO ORIGINAL
APPOINTMENT IN OTHER TYPE OF COMPONENT.
(a) Maker of Regular Appointments in Transfer From Reserve Active-
status List to Active-duty List.--Section 531(c) of title 10, United
States Code, is amended by striking ``the Secretary concerned'' and
inserting ``the Secretary of Defense''.
(b) Maker of Reserve Appointments in Transfer From Active-duty List
to Reserve Active-status List.--Section 12203(b) of such title is
amended by striking ``the Secretary concerned'' and inserting ``the
Secretary of Defense''.
(c) Report.--Not later than April 1, 2020, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report setting forth the following:
(1) The average number per fiscal year, during fiscal years
2010 through 2019, of transfers of appointment from regular officer
to reserve officer in the Armed Forces, set forth by each of
transfers requiring and transfers not requiring appointment by and
with the advice and consent of the Senate.
(2) The average amount of time required per fiscal year, during
such fiscal years, for completion of a transfer of appointment from
regular officer to reserve officer in situations not requiring
appointment by and with the advice and consent of the Senate.
(3) An assessment of the number of officers who experience a
break-in-service due to delays in transfer of appointment from
regular officer to reserve officer as a result of the requirement
for appointment by and with the advice and consent of the Senate.
(4) An assessment of the feasibility and advisability of each
of the following:
(A) Appointment of regular officers as both a regular
officer and a reserve officer immediately upon commissioning.
(B) Consolidation of the provisions of title 10, United
States Code, relating to appointment as a regular or reserve
officer in a manner designed to facilitate and improve officer
retention.
(5) Such other recommendations for legislative or
administrative action as the Secretary considers appropriate to
improve the rapid transfer of appointment of an officer from
regular status to reserve status.
SEC. 502. FURNISHING OF ADVERSE INFORMATION ON OFFICERS TO
PROMOTION SELECTION BOARDS.
(a) Expansion of Grades of Officers for Which Information Is
Furnished.--Section 615(a)(3) of title 10, United States Code, is
amended--
(1) by inserting ``(A)'' after ``(3)'';
(2) in subparagraph (A), as designated by paragraph (1), by
striking ``a grade above colonel or, in the case of the Navy,
captain'' and inserting ``a grade specified in subparagraph (B)'';
and
(3) by adding at the end the following new subparagraph:
``(B) A grade specified in this subparagraph is as follows:
``(i) In the case of a regular officer, a grade above captain
or, in the case of the Navy, lieutenant.
``(ii) In the case of a reserve officer, a grade above
lieutenant colonel or, in the case of the Navy, commander.''.
(b) Furnishing at Every Phase of Consideration.--Such section is
further amended by adding at the end the following new subparagraph:
``(C) The standards and procedures referred to in subparagraph (A)
shall require the furnishing to the selection board, and to each
individual member of the board, the information described in that
subparagraph with regard to an officer in a grade specified in
subparagraph (B) at each stage or phase of the selection board,
concurrent with the screening, rating, assessment, evaluation,
discussion, or other consideration by the board or member of the
official military personnel file of the officer, or of the officer.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, and shall apply with
respect to the proceedings of promotion selection boards convened under
section 611(a) of title 10, United States Code, after that date.
SEC. 503. LIMITATION ON NUMBER OF OFFICERS RECOMMENDABLE FOR
PROMOTION BY PROMOTION SELECTION BOARDS.
(a) In General.--Section 616 of title 10, United States Code is
amended--
(1) by redesignating subsections (d), (e), (f), and (g) as
subsections (e), (f), (g), and (h), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) The number of officers recommended for promotion by a
selection board convened under section 611(a) of this title may not
exceed the number equal to 95 percent of the number of officers
included in the promotion zone established under section 623 of this
title for consideration by the board.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, and shall apply with
respect to consideration by promotion selection boards convened under
section 611(a) of title 10, United States Code, of promotion zones that
are established under section 623 of that title on or after that date.
SEC. 504. EXPANSION OF AUTHORITY FOR CONTINUATION ON ACTIVE DUTY OF
OFFICERS IN CERTAIN MILITARY SPECIALTIES AND CAREER TRACKS.
Section 637a(a) of title 10, United States Code, is amended by
inserting ``separation or'' after ``provided for the''.
SEC. 505. 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-9 or higher'' before the
period.
SEC. 506. MODIFICATION OF AUTHORITIES ON MANAGEMENT OF DEPLOYMENTS
OF MEMBERS OF THE ARMED FORCES AND RELATED UNIT OPERATING AND
PERSONNEL TEMPO MATTERS.
(a) Limitation on Scope of Delegations of Approval of Exceptions to
Deployment Thresholds.--Paragraph (3) of section 991(a) of title 10,
United States Code, is amended by striking ``be delegated to--'' and
all that follows and inserting ``be delegated to a civilian officer of
the Department of Defense appointed by the President, by and with the
advice and consent of the Senate.''.
(b) Separate Policies on Dwell Time for Regular and Reserve
Members.--Paragraph (4) of such section is amended--
(1) by striking ``addresses the amount'' and inserting
``addresses each of the following:
``(A) The amount.'';
(2) in subparagraph (A), as designated by paragraph (1), by
inserting ``regular'' before ``member''; and
(3) by adding at the end the following new subparagraph:
``(B) The amount of dwell time a reserve member of the armed
forces remains at the member's permanent duty station after
completing a deployment of 30 days or more in length.''.
SEC. 507. PERSONNEL TEMPO OF THE ARMED FORCES AND THE UNITED STATES
SPECIAL OPERATIONS COMMAND DURING PERIODS OF INAPPLICABILITY OF
HIGH-DEPLOYMENT LIMITATIONS.
(a) In General.--Section 991(d) of title 10, United States Code, is
amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2)(A) Whenever a waiver is in effect under paragraph (1), the
member or group of members covered by the waiver shall be subject to
specific and measurable deployment thresholds established and
maintained for purposes of this subsection.
``(B) Thresholds under this paragraph may be applicable--
``(i) uniformly, Department of Defense-wide; or
``(ii) separately, with respect to each armed force or the
United States Special Operations Command.
``(C) If thresholds under this paragraph are applicable Department-
wide, such thresholds shall be established and maintained by the Under
Secretary of Defense for Personnel and Readiness. If such thresholds
are applicable only to one armed force or the Under States Special
Operations Command, such thresholds shall be established and maintained
respectively by the Secretary of the Army, the Secretary of the Navy
(other than with respect to the Marine Corps), the Secretary of the Air
Force, the Commandant of the Marine Corps (with respect to the Marine
Corps), and the Commander of the United States Special Operations
Command, as applicable.
``(D) In undertaking recordkeeping for purposes of subsection (c),
the Under Secretary shall, in conjunction with the officials and
officers referred to in subparagraph (C), collect complete and reliable
personnel tempo data of members described in subparagraph (A) in order
to ensure that the Department, the armed forces, and the United States
Special Operations Command fully and completely monitor personnel tempo
under any waiver authorized under paragraph (1) and the effect of such
waiver on the armed forces.''.
(b) Deadline for Implementation.--Paragraph (2) of section 991(d)
of title 10, United States Code, as added by subsection (a), shall be
fully implemented by not later than March 1, 2020.
SEC. 508. PERMANENT AUTHORITY TO DEFER PAST AGE 64 THE RETIREMENT
OF CHAPLAINS IN GENERAL AND FLAG OFFICER GRADES.
Section 1253(c) of title 10, United States Code, is amended by
striking paragraph (3).
SEC. 509. HIGHER GRADE IN RETIREMENT FOR OFFICERS FOLLOWING
REOPENING OF DETERMINATION OR CERTIFICATION OF RETIRED GRADE.
(a) Advice and Consent of Senate Required for Higher Grade.--
Section 1370(f) of title 10, United States Code, is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph (5):
``(5) If the retired grade of an officer is proposed to be
increased through the reopening of the determination or certification
of officer's retired grade, the increase in the retired grade shall be
made by the Secretary of Defense, by and with the advice and consent of
the Senate.''.
(b) Recalculation of Retired Pay.--Paragraph (6) of such section,
as redesignated by subsection (a)(1), is amended--
(1) by inserting ``or increased'' after ``reduced'';
(2) by inserting ``as a result of the reduction or increase''
after ``any modification of the retired pay of the officer'';
(3) by inserting ``or increase'' after ``the reduction''; and
(4) by adding at the end the following new sentence: ``An
officer whose retired grade is increased as described in the
preceding sentence shall not be entitled to an increase in retired
pay for any period before the effective date of the increase.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, and shall apply to an
increase in the retired grade of an officer that occurs through a
reopening of the determination or certification of the officer's
retired grade on or after that date, regardless of when the officer
retired.
SEC. 510. 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. 510A. 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. 510B. FUNCTIONAL BADGE OR INSIGNIA UPON COMMISSION FOR CHAPLAINS.
A military chaplain shall receive a functional badge or insignia
upon commission.
Subtitle B--Reserve Component Management
SEC. 511. MODIFICATION OF GRADE LEVEL THRESHOLD FOR JUNIOR RESERVE
OFFICERS' TRAINING CORPS.
Section 2031(b)(1) of title 10, United States Code, is amended by
striking ``above the 8th grade'' each place it appears and inserting
``above the 7th grade and physically co-located with the 9th grade
participating unit''.
SEC. 512. INCLUSION OF STEM IN COURSES OF INSTRUCTION FOR THE
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. 513. INCLUSION OF HOMESCHOOLED STUDENTS IN JUNIOR RESERVE
OFFICERS' TRAINING CORPS UNITS.
Section 2031 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(g)(1) Each public secondary educational institution that
maintains a unit under this section shall permit membership in the unit
to homeschooled students residing in the area served by the institution
who are qualified for membership in the unit (but for lack of
enrollment in the institution).
``(2) A student who is a member of a unit pursuant to this
subsection shall count toward the satisfaction by the institution
concerned of the requirement in subsection (b)(1) relating to the
minimum number of student members in the unit necessary for the
continuing maintenance of the unit.''.
SEC. 514. CLARIFICATION OF ELIGIBILITY TO SERVE AS COMMANDER,
MARINE FORCES RESERVE.
(a) In General.--Section 8084(b)(1) of title 10, United States
Code, is amended by striking ``general officers of the Marine Corps (as
defined in section 8001(2))'' and inserting ``general officers of the
Marine Corps Reserve''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is one year after the date of the
enactment of this Act and shall apply to appointments made after such
date.
SEC. 515. EXTENSION AND PERIODIC EVALUATION OF SUICIDE PREVENTION
AND RESILIENCE PROGRAM FOR THE RESERVE COMPONENTS.
Section 10219 of title 10, United States Code, is amended--
(1) by redesignating subsection (g) as subsection (h);
(2) in subsection (h), as redesignated by paragraph (1), by
striking ``2020'' and inserting ``2025''; and
(3) by inserting after subsection (f) the following new
subsection (g):
``(g) Triennial Evaluation.--The Secretary shall evaluate the
program every third year beginning in 2022 until the program terminates
to determine whether the program effectively--
``(1) provides training and assistance under subsections (b),
(c), and (d); and
``(2) implements subsection (e).''.
SEC. 516. 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. 517. MODERNIZATION OF INSPECTION AUTHORITIES APPLICABLE TO THE
NATIONAL GUARD.
(a) Modernization of Inspection Authorities of Secretaries of the
Army and Air Force.--Subsection (a) of section 105 of title 32, United
States Code, is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``by him, the Secretary of the Army shall
have'' and inserting ``by such Secretary, the Secretary of the
Army and the Secretary of the Air Force shall each have'';
(B) by striking ``, if necessary,''; and
(C) by striking ``the Regular Army'' and inserting ``the
Regular Army or the Regular Air Force'';
(2) by striking ``Army National Guard'' each place it appears
and inserting ``Army National Guard or Air National Guard''; and
(3) by striking the flush matter following paragraph (7).
(b) Inspection Authority of Chief of the National Guard Bureau on
Behalf of Secretaries.--Such section is further amended by adding at
the end the following new subsection:
``(c) The Chief of the National Guard Bureau may have an inspection
described in subsection (a) made by inspectors general, or by
commissioned officers of the Army National Guard of the United States
or the Air National Guard of the United States detailed for that
purpose, on behalf of the Secretary of the Army or the Secretary of the
Air Force. Any such inspection may be made only with the approval of
the Secretary of the Army or the Secretary of the Air Force, as
applicable.''.
SEC. 518. CONSULTATION WITH CHIEF OF THE NATIONAL GUARD BUREAU IN
THE APPOINTMENT OR DESIGNATION OF NATIONAL GUARD PROPERTY AND
FISCAL OFFICERS.
Section 708(a) of title 32, United States Code, is amended in the
first sentence by inserting ``, in consultation with the Chief of the
National Guard Bureau,'' after ``shall''.
SEC. 519. COAST GUARD JUNIOR RESERVE OFFICERS' TRAINING CORPS.
(a) In General.--Chapter 3 of title 14, United States Code, is
amended by adding at the end the following new section:
``Sec. 320. Coast Guard Junior Reserve Officers' Training Corps
``(a) Establishment.--The Secretary of the department in which the
Coast Guard is operating may establish and maintain a Junior Reserve
Officers' Training Corps, organized into units, at public and private
secondary educational institutions.
``(b) Applicability.--Except as provided in subsection (c), the
provisions of chapter 102 of title 10 shall apply to a Junior Reserve
Officers' Training Corps established and maintained under this section
in the same manner that such provisions apply to the Junior Reserve
Officers' Training Corps of each military department. For purposes of
the application of such provisions to this section--
``(1) any reference in such provisions to a `military
department' shall be treated as a reference to the department in
which the Coast Guard is operating; and
``(2) any reference in such provisions to a `Secretary of a
military department', a `Secretary concerned', or the `Secretary of
Defense' shall be treated as a reference to the Secretary of the
department in which the Coast Guard is operating.
``(c) Exception.--The requirements of chapter 102 of title 10 shall
not apply to a unit of the Junior Reserve Officers' Training Corps
established by the Secretary of the department in which the Coast Guard
is operating before the date of the enactment of this section unless
the Secretary determines it is appropriate to apply such requirements
to such unit.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``320. Coast Guard Junior Reserve Officers' Training Corps.''.
SEC. 520. 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. 520A. REPORT ON METHODS TO ENHANCE DOMESTIC RESPONSE TO LARGE
SCALE, COMPLEX AND CATASTROPHIC DISASTERS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation and
coordination with the Federal Emergency Management Agency, the National
Security Council, the Council of Governors, and the National Governors
Association, shall submit to the congressional defense committees, the
Committee on Homeland Security of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs of the Senate a
report on the plan of the Department to establish policy and processes
to implement the authority under section 502 of title 32, United States
Code. The report shall include a detailed examination of the policy
framework consistent with existing authorities, identify major
statutory or policy impediments to implementation, and make
recommendations for legislation as appropriate.
(b) Contents.--The report submitted under subsection (a) shall
include a description of--
(1) the current policy and processes whereby governors can
request activation of the National Guard under title 32, United
States Code, as part of the response to large scale, complex,
catastrophic disasters that are supported by the Federal Government
and, if no formal process exists in policy, the Secretary of
Defense shall provide a timeline and plan to establish such a
policy, including consultation with the Council of Governors and
the National Governors Association;
(2) the Secretary of Defense's assessment, informed by
consultation with the Federal Emergency Management Agency, the
National Security Council, the Council of Governors, and the
National Governors Association, regarding the sufficiency of
current authorities for the reimbursement of National Guard and
Reserve manpower during large scale, complex, catastrophic
disasters under title 10 and title 32, United States Code, and
specifically whether reimbursement authorities are sufficient to
ensure that military training and readiness are not degraded to
fund disaster response, or whether invoking such reimbursement
authorities degrades the effectiveness of the Disaster Relief Fund;
(3) the Department of Defense's plan to ensure there is
parallel and consistent policy in the application of the
authorities granted under section 12304a of title 10, United States
Code, and section 502(f) of title 32, United States Code,
including--
(A) a description of the disparities between benefits and
protections under Federal law versus State active duty;
(B) recommended solutions to achieve parity at the Federal
level; and
(C) recommended changes at the State level, if appropriate;
and
(4) the Department of Defense's plan to ensure there is parity
of benefits and protections for military members employed as part
of the response to large scale, complex, catastrophic disasters
under title 32 or title 10, United States Code, and recommendations
for addressing any shortfalls.
SEC. 520B. REPORT AND BRIEFING ON THE SENIOR RESERVE OFFICERS' TRAINING
CORPS.
(a) Report on Various Expansions of the Corps.--Not later than one
year after the date of the enactment of this Act, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report setting forth the following:
(1) An assessment of the feasibility and advisability of
distance learning programs for the Senior Reserve Officers'
Training Corps for students at educational institutions who reside
outside the viable range for a cross-town program.
(2) An assessment of the feasibility and advisability of
expanding the eligibility of institutions authorized to maintain a
unit of the Senior Reserve Officers' Training Corps to include
community colleges.
(b) Briefing on Long-term Effects on the Corps of the Operation of
Certain Recent Prohibitions.--
(1) Briefing required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall brief
the congressional defense committees on the effects of the
prohibitions in section 8032 of the Department of Defense
Appropriations Act, 2019 (division A of Public Law 115-245) on the
long-term viability of the Senior Reserve Officers' Training Corps.
(2) Elements.--The matters addressed by the briefing under
paragraph (1) shall include an assessment of the effects of the
prohibitions described in paragraph (1) on the following:
(A) Readiness.
(B) The efficient manning and administration of Senior
Reserve Officers' Training Corps units.
(C) The ability of the Armed Forces to commission on a
yearly basis the number and quality of new officers they need
and that are representative of the nation as a whole.
(D) The availability of Senior Reserve Officers' Training
Corps scholarships in rural areas.
(E) Whether the Senior Reserve Officers' Training Corps
program produces officers representative of the demographic and
geographic diversity of the United States, especially with
respect to urban areas, and whether restrictions on
establishing or disestablishing units of the Corps affects the
diversity of the officer corps of the Armed Forces.
SEC. 520C. SENSE OF CONGRESS ON INCREASE IN NUMBER OF JUNIOR RESERVE
OFFICERS' TRAINING CORPS UNITS.
It is the sense of Congress that the Junior Reserve Officers'
Training Corps 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 to include not fewer than 3,700 units
nationwide.
Subtitle C--General Service Authorities and Correction of Military
Records
SEC. 521. ADVICE AND COUNSEL OF TRAUMA EXPERTS IN REVIEW BY BOARDS
FOR CORRECTION OF MILITARY RECORDS AND DISCHARGE REVIEW BOARDS OF
CERTAIN CLAIMS.
(a) Boards for Correction of Military Records.--Section 1552(g) of
title 10, United States Code, is amended--
(1) by inserting ``(1)'' after ``(g)''; and
(2) by adding at the end the following new paragraph:
``(2) If a board established under subsection (a)(1) is reviewing a
claim described in subsection (h), the board shall seek advice and
counsel in the review from a psychiatrist, psychologist, or social
worker with training on mental health issues associated with post-
traumatic stress disorder or traumatic brain injury or other trauma as
specified in the current edition of the Diagnostic and Statistical
Manual of Mental Disorders published by the American Psychiatric
Association.
``(3) If a board established under subsection (a)(1) is reviewing a
claim in which sexual trauma, intimate partner violence, or spousal
abuse is claimed, the board shall seek advice and counsel in the review
from an expert in trauma specific to sexual assault, intimate partner
violence, or spousal abuse, as applicable.''.
(b) Discharge Review Boards.--Section 1553(d)(1) of such title is
amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following new subparagraph;
``(B) In the case of a former member described in paragraph (3)(B)
who claims that the former member's post-traumatic stress disorder or
traumatic brain injury as described in that paragraph in based in whole
or in part on sexual trauma, intimate partner violence, or spousal
abuse, a board established under this section to review the former
member's discharge or dismissal shall seek advice and counsel in the
review from a psychiatrist, psychologist, or social worker with
training on mental health issues associated with post-traumatic stress
disorder or traumatic brain injury or other trauma as specified in the
current edition of the Diagnostic and Statistical Manual of Mental
Disorders published by the American Psychiatric Association.''.
SEC. 522. REDUCTION IN REQUIRED NUMBER OF MEMBERS OF DISCHARGE
REVIEW BOARDS.
Section 1553(a) of title 10, United States Code, is amended by
striking ``five'' and inserting ``not fewer than three''.
SECTION 523. ESTABLISHMENT OF PROCESS TO REVIEW A REQUEST FOR UPGRADE
OF DISCHARGE OR DISMISSAL.
(a) Establishment.--Chapter 79 of title 10, United States Code, is
amended by inserting after section 1553 the following new section
1553a:
``Sec. 1553a. Review of a request for upgrade of discharge or dismissal
``(a) Establishment.--The Secretary of Defense shall establish a
process by which to conduct a final review of a request for an upgrade
in the characterization of a discharge or dismissal.
``(b) Consideration; Recommendation.--(1) Upon the request of a
petitioner, the Secretary of Defense shall review the findings and
decisions of the boards established under sections 1552 and 1553 of
this title regarding the final review of a request for an upgrade in
the characterization of a discharge or dismissal.
``(2) The Secretary of Defense may recommend that the Secretary of
the military department concerned upgrade the characterization of the
discharge or dismissal of the petitioner if the Secretary of Defense
determines that such recommendation is appropriate after review under
paragraph (1).
``(c) Definitions.--In this section:
``(1) The term `final review of a request for an upgrade in the
characterization of a discharge or dismissal' means a request by a
petitioner for an upgrade to the characterization of a discharge or
dismissal--
``(A) that was not granted under sections 1552 and 1553 of
this title; and
``(B) regarding which the Secretary of Defense determines
the petitioner has exhausted all remedies available to the
petitioner under sections 1552 and 1553 of this title.
``(2) The term `petitioner' means a member or former member of
the armed forces (or if the member or former member is dead, the
surviving spouse, next of kin, or legal representative of the
member or former member) whose request for an upgrade to the
characterization of a discharge or dismissal was not granted under
sections 1552 and 1553 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. Review of a request for upgrade of discharge or dismissal.''.
(2) Conforming amendments.--
(A) Section 1552(a)(4) of such title is amended to read as
follows:
``(4)(A) Subject to subparagraph (B), a correction under this
section is final and conclusive on all officers of the United States
except when procured by fraud.
``(B) If a board established under this section does not grant a
request for an upgrade to the characterization of a discharge or
dismissal, that declination may be considered under section 1553a of
this title.''.
(B) Section 1553(b) of such title is amended--
(i) by inserting ``(1)'' before ``A board''; and
(ii) by adding at the end the following new paragraph:
``(2) If a board established under this section does not grant a
request for an upgrade to the characterization of a discharge or
dismissal, that declination may be considered under section 1552 or
section 1553a of this title, as applicable.''.
(c) Deadline.--The Secretary of Defense shall implement section
1553a of such title, as added by subsection (a), not later than January
1, 2021.
(d) Resources.--In establishing and implementing the process under
such section 1553a, the Secretary of Defense shall, to the maximum
extent practicable, use existing organizations, boards, processes, and
personnel of the Department of Defense.
(e) Reporting.--
(1) Report.--Not later than January 1, 2022, the Secretary of
Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report regarding the
process established under such section 1553a. The report shall
include, with respect to considerations under such process since
implementation, the following:
(A) The number of requests considered.
(B) The number of upgrades to the characterization of a
discharge or dismissal granted pursuant to such process,
including the most common reasons for such upgrades.
(C) The number of upgrades to the characterization of a
discharge or dismissal declined pursuant to such process,
including the most common reasons for such declinations.
(2) Online publication.--On October 1, 2022, and annually
thereafter, the Secretary shall publish the information described
in paragraph (1) with regards to the immediately preceding fiscal
year on a website of the Department of Defense that is accessible
by the public.
SEC. 524. 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. 525. TRAINING OF MEMBERS OF BOARDS FOR CORRECTION OF MILITARY
RECORDS AND DISCHARGE REVIEW BOARDS ON SEXUAL TRAUMA, INTIMATE
PARTNER VIOLENCE, SPOUSAL ABUSE, AND RELATED MATTERS.
(a) Boards for Correction of Military Records.--The curriculum of
training for members of boards for the correction of military records
under section 534(c) of the National Defense Authorization Act for
Fiscal Year 2017 (10 U.S.C. 1552 note) shall include training on each
of the following:
(1) Sexual trauma.
(2) Intimate partner violence.
(3) Spousal abuse.
(4) The various responses of individuals to trauma.
(b) Discharge Review Boards.--
(1) In general.--Each Secretary concerned shall develop and
provide training for members of discharge review boards under
section 1553 of title 10, United States Code, that are under the
jurisdiction of such Secretary on each of the following:
(A) Sexual trauma.
(B) Intimate partner violence.
(C) Spousal abuse.
(D) The various responses of individuals to trauma.
(2) Uniformity of training.--The Secretary of Defense and the
Secretary of Homeland Security shall jointly ensure that the
training developed and provided pursuant to this subsection is, to
the extent practicable, uniform.
(3) Secretary concerned defined.--In this subsection, the term
``Secretary concerned'' has the meaning given that term in section
101(a)(9) of title 10, United States Code.
SEC. 526. TIME REQUIREMENTS FOR CERTIFICATION OF HONORABLE SERVICE.
The Secretary of Defense shall publish regulations for submission
and processing of a completed United States Citizenship and Immigration
Services Form N-426, by a member of the Armed Forces. Such regulations
shall designate the appropriate level for the certifying officer as
well as establish time requirements for the form to be returned to the
member of the Armed Forces.
SEC. 527. CORRECTION OF CERTAIN DISCHARGE CHARACTERIZATIONS.
(a) In General.--In accordance with this section, and in a manner
that is consistent across the military departments to the greatest
extent practicable, the appropriate board shall, at the request of a
covered member or the authorized representative of a covered member--
(1) review the discharge characterization of that covered
member; and
(2) change the discharge characterization of that covered
member to honorable if the appropriate board determines such change
to be appropriate after review under paragraph (1).
(b) Appeal.--A covered member or the authorized representative of
that covered member may seek review of a decision by the appropriate
board not to change the discharge characterization of that covered
member. Such review may be made pursuant to section 1552 of title 10,
United States Code, section 1553 of such title, or any other process
established by the Secretary of Defense for such purpose.
(c) Change of Records.--For each covered member whose discharge
characterization is changed under subsection (a) or (b), the Secretary
of the military department concerned shall issue to the covered member
or the authorized representative of the covered member a corrected
Certificate of Release or Discharge from Active Duty (DD Form 214), or
other like form regularly used by an Armed Force that--
(1) reflects the upgraded discharge characterization of the
covered member; and
(2) does not reflect the sexual orientation of the covered
member or the original stated reason for the discharge or dismissal
of that covered member.
(d) Definitions.--In this section:
(1) The term ``appropriate board'' means a board for the
correction of military or naval records under section 1552 of title
10, United States Code, or a discharge review board under section
1553 of such title, as the case may be.
(2) The term ``authorized representative'' means an heir or
legal representative of a covered member.
(3) The term ``covered member'' means any former member of the
Armed Forces who was discharged from the Armed Forces because of
the sexual orientation of that member.
(4) The term ``discharge characterization'' means the
characterization assigned to the service of a covered member on the
discharge or dismissal of that covered member from service in the
Armed Forces.
SEC. 528. DEVELOPMENT OF GUIDELINES FOR USE OF UNOFFICIAL SOURCES
OF INFORMATION TO DETERMINE ELIGIBILITY OF MEMBERS AND FORMER
MEMBERS OF THE ARMED FORCES FOR DECORATIONS WHEN THE SERVICE
RECORDS ARE INCOMPLETE BECAUSE OF DAMAGE TO THE OFFICIAL RECORD.
(a) Guidelines Required.--The Secretary of Defense shall develop
guidelines regarding the use by the Secretaries of the military
departments of unofficial sources of information, including eyewitness
statements, to determine the eligibility of a member or former member
of the Armed Forces for decorations when the service records of the
member are incomplete because of damage to the records as a result of
the 1973 fire at the National Personnel Records Center in St. Louis,
Missouri, or any subsequent incident while the records were in the
possession of the Department of Defense.
(b) Time for Completion.--The Secretary of Defense shall complete
development of the guidelines not later than one year after the date of
the enactment of this Act.
SEC. 529. 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 incorporate existing efforts to promote diversity and
inclusion within the Department; and
(2) may not conflict with the objectives of the 2018 National
Military Strategy.
(c) Deadline.--The Secretary shall implement the strategic plan
under this section not later than one year after the date of the
enactment of this Act.
SEC. 530. STUDY REGARDING SCREENING INDIVIDUALS WHO SEEK TO ENLIST
IN THE ARMED FORCES.
(a) Study.--The Secretary of Defense shall study the feasibility
of, in background investigations and security and suitability
screenings of individuals who seek to enlist in the Armed Forces--
(1) screening for extremist and gang-related activity; and
(2) using the following resources of the Federal Bureau of
Investigation:
(A) The Tattoo and Graffiti Identification Program.
(B) The National Gang Intelligence Center.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit an unclassified
report in writing to the Committees on Armed Services of the Senate and
House of Representatives containing conclusions of the Secretary
regarding the study under subsection (a).
SEC. 530A. FEASIBILITY STUDY REGARDING NOTIFICATION TO SECRETARY OF
HOMELAND SECURITY OF HONORABLE DISCHARGES OF NON-CITIZENS.
(a) Study Required.--The Secretary of Defense, in consultation with
the Secretary of Homeland Security, shall study the feasibility of
providing the Secretary of Homeland Security with a copy of the
Certificate of Release or Discharge from Active Duty (DD Form 214) or
National Guard Report of Separation and Record of Service (NGB-22) for
each individual who is not a citizen of the United States who is
honorably discharged from the Armed Forces so the Secretary of Homeland
Security may note such discharge in an I-213 Record of Deportable/
Inadmissible Alien for that individual.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
committees on Armed Services of the Senate and House of Representatives
a report regarding the results of the study under this section.
SEC. 530B. SENSE OF CONGRESS REGARDING ACCESSION PHYSICALS.
It is the sense of Congress that the Secretary of Defense should
explore alternatives to centralized accession physicals at Military
Entrance Processing Stations, including conducting physicals through
community health care providers, in order to reduce transportation
costs, increase efficiency in processing times, and free recruiters to
focus on the core of the recruiting mission.
Subtitle D--Military Justice
SEC. 531. EXPANSION OF PRE-REFERRAL MATTERS REVIEWABLE BY MILITARY
JUDGES AND MILITARY MAGISTRATES IN THE INTEREST OF EFFICIENCY IN
MILITARY JUSTICE.
(a) In General.--Subsection (a) of section 830a of title 10, United
States Code (article 30a of the Uniform Code of Military Justice), is
amended by striking paragraphs (1) and (2) and inserting the following
new paragraphs:
``(1) The President shall prescribe regulations for matters
relating to proceedings conducted before referral of charges and
specifications to court-martial for trial, including the following:
``(A) Pre-referral investigative subpoenas.
``(B) Pre-referral warrants or orders for electronic
communications.
``(C) Pre-referral matters referred by an appellate court.
``(D) Pre-referral matters under subsection (c) or (e) of
section 806b of this title (article 6b).
``(E) Pre-referral matters relating to the following:
``(i) Pre-trial confinement of an accused.
``(ii) The mental capacity or mental responsibility of an
accused.
``(iii) A request for an individual military counsel.
``(2) In addition to the matters specified in paragraph (1), the
regulations prescribed under that paragraph shall--
``(A) set forth the matters that a military judge may rule upon
in such proceedings;
``(B) include procedures for the review of such rulings;
``(C) include appropriate limitations to ensure that
proceedings under this section extend only to matters that would be
subject to consideration by a military judge in a general or
special court-martial; and
``(D) provide such limitations on the relief that may be
ordered under this section as the President considers
appropriate.''.
(b) Conforming and Clerical Amendments.--
(1) Heading amendment.--The heading of such section is amended
to read as follows:
``Sec. 830a. Art 30a. Proceedings conducted before referral''.
(2) Clerical amendment.--The table of sections at the beginning
of subchapter VI of chapter 47 of title 10, United States Code (the
Uniform Code of Military Justice), is amended by striking the item
relating to section 830a (article 30a) and inserting the following
new item:
``830a. 30a. Proceedings conducted before referral.''.
SEC. 532. 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) Conduct that does not constitute a violation of paragraphs
(1) through (3) may include, for example--
``(A) general instructional or informational courses in
military justice if such courses are designed solely for the
purpose of instructing persons on 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 do not relate to
a particular accused; 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. 533. 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. 534. PUBLIC ACCESS TO DOCKETS, FILINGS, AND COURT RECORDS OF
COURTS-MARTIAL OR OTHER RECORDS OF TRIAL OF THE MILITARY JUSTICE
SYSTEM.
(a) In General.--Section 940a of title 10, United States Code
(article 140a of the Uniform Code of Military Justice), is amended--
(1) by striking ``The Secretary of Defense'' and inserting
``(a) In General.--The Secretary of Defense, in consultation with
the Secretary of Homeland Security,'';
(2) in subsection (a), as designated by paragraph (1)--
(A) in the matter preceding paragraph (1), by inserting
``(including with respect to the Coast Guard)'' after
``military justice system''; and
(B) in paragraph (4), by inserting ``public'' before
``access to docket information''; and
(3) by adding at the end the following new subsections:
``(b) Protection of Certain Personally Identifiable Information.--
Records of trial, docket information, filings, and other records made
publicly accessible in accordance with the uniform standards and
criteria for conduct established by the Secretary under subsection (a)
shall restrict access to personally identifiable information of minors
and victims of crime (including victims of sexual assault and domestic
violence), as practicable to the extent such information is restricted
in electronic filing systems of Federal and State courts.
``(c) Inapplicability to Certain Dockets and Records.--Nothing in
this section shall be construed to provide public access to docket
information, filings, or records that are classified, subject to a
judicial protective order, or ordered sealed.''.
(b) Existing Standards and Criteria.--The Secretary of Homeland
Security shall apply to the Coast Guard the standards and criteria for
conduct established by the Secretary of Defense under section 940a of
title 10, United States Code (article 140a of the Uniform Code of
Military Justice), as in effect on the day before the date of the
enactment of this Act, until such time as the Secretary of Defense, in
consultation with the Secretary of Homeland Security, prescribes
revised standards and criteria for conduct under such section that
implement the amendments made by subsection (a) of this section.
SEC. 535. EXTENSION OF DEFENSE ADVISORY COMMITTEE ON INVESTIGATION,
PROSECUTION, AND DEFENSE OF SEXUAL ASSAULT IN THE ARMED FORCES.
Section 546(f)(1) 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 by striking ``five'' and inserting ``10''.
SEC. 536. AUTHORITY FOR RETURN OF PERSONAL PROPERTY TO VICTIMS OF
SEXUAL ASSAULT WHO FILE A RESTRICTED REPORT BEFORE CONCLUSION OF
RELATED PROCEEDINGS.
Section 586 of the National Defense Authorization Act for Fiscal
Year 2012 (10 U.S.C. 1561 note) is amended--
(1) by redesignating subsection (f) as subsection (e);
(2) in subsection (e), as so redesignated, in the subsection
heading, by inserting ``in Unrestricted Reporting Cases'' after
``Proceedings''; and
(3) by adding at the end the following new subsection:
``(f) Return of Personal Property in Restricted Reporting Cases.--
(1) The Secretary of Defense shall prescribe procedures under which a
victim who files a restricted report on an incident of sexual assault
may request, at any time, the return of any personal property of the
victim obtained as part of the sexual assault forensic examination.
``(2) The procedures shall ensure that--
``(A) a request of a victim under paragraph (1) may be made on
a confidential basis and without affecting the restricted nature of
the restricted report; and
``(B) at the time of the filing of the restricted report, a
Sexual Assault Response Coordinator or Sexual Assault Prevention
and Response Victim Advocate--
``(i) informs the victim that the victim may request the
return of personal property as described in paragraph (1); and
``(ii) advises the victim that such a request for the
return of personal property may negatively impact a subsequent
case adjudication, if the victim later decides to convert the
restricted report to an unrestricted report.
``(3) Except with respect to personal property returned to a victim
under this subsection, nothing in this subsection shall affect the
requirement to retain a sexual assault forensic examination (SAFE) kit
for the period specified in subsection (c)(4)(A).''.
SEC. 537. GUIDELINES ON SENTENCES FOR OFFENSES COMMITTED UNDER THE
UNIFORM CODE OF MILITARY JUSTICE.
(a) Development of Guidelines.--Not later than the date specified
in subsection (d), the Secretary of Defense shall develop 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) Submittal to Congress.--Not later than the date specified in
subsection (d), the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and the House of Representatives--
(1) the guidelines for sentences developed under subsection
(a); and
(2) an assessment of the feasibility and advisability of
implementing such guidelines in panel sentencing cases.
(d) 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. 538. NOTIFICATION OF SIGNIFICANT EVENTS AND DOCUMENTATION OF
PREFERENCE FOR PROSECUTION JURISDICTION FOR VICTIMS OF SEXUAL
ASSAULT.
(a) Notification to Victims of Events in Military Justice
Process.--
(1) Notification required.--A member of the Armed Forces who is
the victim of an alleged sexual assault by another member of the
Armed Forces shall receive notification of each significant event
in the military justice process that relates to the investigation,
prosecution, and confinement of such other member for such assault.
(2) Documentation.--Appropriate documentation of each
notification made pursuant to paragraph (1) shall be created and
maintained in an appropriate system of records of the military
department concerned.
(b) Documentation of Victim's Preference for Prosecution
Jurisdiction.--In the case of a member of the Armed Forces who is the
victim of an alleged 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
Federal or State law, appropriate documentation of the preference, if
any, of such victim for prosecution of such offense by court-martial or
by a civilian court as provided for by Rule for Courts-Martial 306(e)
(as set forth in the Manual for Courts-Martial, 2019 edition, or any
successor rule), shall be created and maintained in an appropriate
system of records of the military department concerned.
(c) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall prescribe
regulations implementing this section.
SEC. 539. INCREASE IN NUMBER OF DIGITAL FORENSIC EXAMINERS FOR
CERTAIN MILITARY CRIMINAL INVESTIGATIVE 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 investigative organization
specified in subsection (b) 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 Investigative Organizations.--The military
criminal investigative organizations specified in this subsection are
the following:
(1) The Army Criminal Investigation Command.
(2) The Naval Criminal Investigative Service.
(3) The Air Force Office of Special Investigations.
(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. 540. INCREASE IN INVESTIGATIVE PERSONNEL AND VICTIM WITNESS
ASSISTANCE PROGRAM LIAISONS.
(a) Military Criminal Investigative Services.--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 assigned to
the military criminal investigative services of the department with the
goal of ensuring, 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. An investigation
shall be considered completed for purposes of the preceding sentence
when the active phase of the investigation is sufficiently complete to
enable the appropriate authority to reach a decision with respect to
the disposition of charges for the sex-related offense.
(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.
(c) Rule of Construction.--Nothing in this section shall be
construed to create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against the United States,
its departments, agencies, or entities, its officers, employees, or
agents, or any other person.
SEC. 540A. 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), shall include comprehensive training on the exercise
of disposition authority with respect to cases for which disposition
authority is withheld to such authorities pursuant to the memorandum
described in subsection (b) for the purpose of promoting confidence and
trust in the military justice process with respect to such cases.
(b) Memorandum Described.--The memorandum described in this
subsection is the memorandum of the Secretary of Defense titled
``Withholding Initial Disposition Authority Under the Uniform Code of
Military Justice in Certain Sexual Assault Cases'' and dated April 20,
2012, or any successor memorandum.
SEC. 540B. TRAINING FOR COMMANDERS IN THE ARMED FORCES ON THEIR ROLE IN
ALL STAGES OF MILITARY JUSTICE IN CONNECTION WITH SEXUAL ASSAULT.
(a) In General.--The training provided commanders in the Armed
Forces shall include comprehensive training on the role of commanders
in all stages of military justice in connection with sexual assaults by
members of the Armed Forces.
(b) Elements To Be Covered.--The training provided pursuant to
subsection (a) shall include training on the following:
(1) The role of commanders in each stage of the military
justice process in connection with sexual assault committed by a
member of the Armed Forces, including investigation and
prosecution.
(2) The role of commanders in assuring that victims of sexual
assault described in paragraph (1) are informed of, and have the
opportunity to obtain, assistance available for victims of sexual
assault by law.
(3) The role of commanders in assuring that victims of sexual
assault described in paragraph (1) are afforded the rights and
protections available to victims by law.
(4) The role of commanders in preventing retaliation against
victims, their family members, witnesses, first responders, and
bystanders for their their complaints, statements, testimony, and
status in connection with sexual assault described in paragraph
(1), including the role of commanders in ensuring that subordinates
in the command are aware of their responsibilities in preventing
such retaliation.
(5) The role of commanders in establishing and maintaining a
healthy command climate in connection with reporting on sexual
assault described in paragraph (1), and in the response of the
commander, subordinates in the command, and other personnel in the
command to such sexual assault, such reporting, and the military
justice process in connection with such sexual assault.
(6) Any other matters on the role of commanders in connection
with sexual assault described in paragraph (1) that the Secretary
of Defense considers appropriate for purposes of this section.
(c) Incorporation of Best Practices.--
(1) In general.--The training provided pursuant to subsection
(a) shall incorporate best practices on all matters covered by the
training.
(2) Identification of best practices.--The Secretaries of the
military departments shall, acting through the training and
doctrine commands of the Armed Forces, undertake from time to time
surveys and other reviews of the matters covered by the training
provided pursuant to subsection (a) in order to identify and
incorporate into such training the most current practicable best
practices on such matters.
(d) Uniformity.--The Secretary of Defense shall ensure that the
training provided pursuant to subsection (a) is, to the extent
practicable, uniform across the Armed Forces.
SEC. 540C. 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.
(b) 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. 540D. DEPARTMENT OF DEFENSE-WIDE POLICY AND MILITARY DEPARTMENT-
SPECIFIC PROGRAMS ON REINVIGORATION OF THE PREVENTION OF SEXUAL ASSAULT
INVOLVING MEMBERS OF THE ARMED FORCES.
(a) Policy Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall develop and issue
a comprehensive policy for the Department of Defense to reinvigorate
the prevention of sexual assault involving members of the Armed Forces.
(b) Policy Elements.--
(1) In general.--The policy required by subsection (a) shall
include the following:
(A) Education and training for members of the Armed Forces
on the prevention of sexual assault.
(B) Elements for programs designed to encourage and promote
healthy relationships among members of the Armed Forces.
(C) Elements for programs designed to empower and enhance
the role of non-commissioned officers in the prevention of
sexual assault.
(D) Elements for programs to foster social courage among
members of the Armed Forces to encourage and promote
intervention in situations in order to prevent sexual assault.
(E) Processes and mechanisms designed to address behaviors
among members of the Armed Forces that are included in the
continuum of harm that frequently results in sexual assault.
(F) Elements for programs designed to address alcohol
abuse, including binge drinking, among members of the Armed
Forces.
(G) Such other elements, processes, mechanisms, and other
matters as the Secretary of Defense considers appropriate.
(2) Continuum of harm resulting in sexual assault.--For
purposes of paragraph (1)(E), the continuum of harm that frequently
results in sexual assault includes hazing, sexual harassment, and
related behaviors (including language choices, off-hand statements,
jokes, and unconscious attitudes or biases) that create a
permissive climate for sexual assault.
(c) Programs Required.--Not later than 180 days after the issuance
of the policy required by subsection (a), each Secretary of a military
department shall develop and implement for each Armed Force under the
jurisdiction of such Secretary a program to reinvigorate the prevention
of sexual assaults involving members of the Armed Forces. Each program
shall include the elements, processes, mechanisms, and other matters
developed by the Secretary of Defense pursuant to subsection (a)
tailored to the requirements and circumstances of the Armed Force or
Armed Forces concerned.
SEC. 540E. RECOMMENDATIONS ON SEPARATE PUNITIVE ARTICLE IN THE UNIFORM
CODE OF MILITARY JUSTICE ON SEXUAL HARASSMENT.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
containing such recommendations as the Secretary considers appropriate
with respect to the establishment of a separate punitive article in
chapter 47 of title 10, United States Code (the Uniform Code of
Military Justice), on sexual harassment.
SEC. 540F. REPORT ON MILITARY JUSTICE SYSTEM INVOLVING ALTERNATIVE
AUTHORITY FOR DETERMINING WHETHER TO PREFER OR REFER CHANGES FOR FELONY
OFFENSES UNDER THE UNIFORM CODE OF MILITARY JUSTICE.
(a) Report Required.--
(1) In general.--Not later than 300 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report setting forth the results of a study,
conducted for purposes of the report, on the feasibility and
advisability of an alternative military justice system in which
determinations as to whether to prefer or refer charges for trial
by court-martial for any offense specified in paragraph (2) is made
by a judge advocate in grade O-6 or higher who has significant
experience in criminal litigation and is outside of the chain of
command of the member subject to the charges rather than by a
commanding officer of the member who is in the chain of command of
the member.
(2) Specified offense.--An offense specified in this paragraph
is any offense under chapter 47 of title 10, United States Code
(the Uniform Code of Military Justice), for which the maximum
punishment authorized includes confinement for more than one year.
(b) Elements.--The study required for purposes of the report under
subsection (a) shall address the following:
(1) Relevant procedural, legal, and policy implications and
considerations of the alternative military justice system described
in subsection (a).
(2) An analysis of the following in connection with the
implementation and maintenance of the alternative military justice
system:
(A) Legal personnel requirements.
(B) Changes in force structure.
(C) Amendments to law.
(D) Impacts on the timeliness and efficiency of legal
processes and court-martial adjudications.
(E) Potential legal challenges to the system.
(F) Potential changes in prosecution and conviction rates.
(G) Potential impacts on the preservation of good order and
discipline, including the ability of a commander to carry out
nonjudicial punishment and other administrative actions.
(H) Such other considerations as the Secretary considers
appropriate.
(3) A comparative analysis of the military justice systems of
relevant foreign allies with the current military justice system of
the United States and the alternative military justice system,
including whether or not approaches of the military justice systems
of such allies to determinations described in subsection (a) are
appropriate for the military justice system of the United States.
(4) An assessment of the feasibility and advisability of
conducting a pilot program to assess the feasibility and
advisability of the alternative military justice system, and, if
the pilot program is determined to be feasible and advisable--
(A) an analysis of potential legal issues in connection
with the pilot program, including potential issues for appeals;
and
(B) recommendations on the following:
(i) The populations to be subject to the pilot program.
(ii) The duration of the pilot program.
(iii) Metrics to measure the effectiveness of the pilot
program.
(iv) The resources to be used to conduct the pilot
program.
SEC. 540G. REPORT ON STANDARDIZATION AMONG THE MILITARY DEPARTMENTS IN
COLLECTION AND PRESENTATION OF INFORMATION ON MATTERS WITHIN THE
MILITARY JUSTICE SYSTEM.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall, in consultation with the
Secretaries of the military departments, submit to the Committees on
Armed Services of the Senate and the House of Representatives a report
setting forth the following:
(1) A plan for actions to provide for standardization, to the
extent practicable, among the military departments in the
collection and presentation of information on matters within their
military justice systems, including information collected and
maintained for purposes of section 940a of title 10, United States
Code (article 140a of the Uniform Code of Military Justice), and
such other information as the Secretary considers appropriate.
(2) An assessment of the feasibility and advisability of
establishing and maintaining a single, Department of Defense-wide
data management system for the standardized collection and
presentation of information described in paragraph (1).
SEC. 540H. REPORT ON EXPANSION OF AIR FORCE SAFE TO REPORT POLICY
ACROSS THE ARMED FORCES.
(a) Report.--Not late than 180 days after the date of the enactment
of this Act, the Secretary of Defense shall, in consultation with the
Secretaries of the military departments and the Secretary of Homeland
Security, submit to the Committees on Armed Services of the Senate and
the House of Representatives a report setting forth an assessment of
the feasibility and advisability of expanding the applicability of the
safe to report policy described in subsection (b) so that the policy
applies across the Armed Forces.
(b) Safe to Report Policy.--The safe to report policy described in
this subsection is the policy, currently applicable in the Air Force
alone, under which a member of the Armed Forces who is the victim of an
alleged sexual assault committed by another member of the Armed Forces,
but who may have committed minor collateral misconduct at or about the
time of such alleged sexual assault, or whose minor collateral
misconduct at or about such time is discovered only as a result of the
investigation into such alleged sexual assault, may report such alleged
sexual assault to proper authorities without fear or receipt of
discipline in connection with such minor collateral misconduct.
SEC. 540I. ASSESSMENT OF RACIAL, ETHNIC, AND GENDER DISPARITIES IN THE
MILITARY JUSTICE SYSTEM.
(a) In General.--The Secretary of Defense shall provide for the
carrying out of the activities described in subsections (b) and (c) in
order to improve the ability of the Department of Defense to detect and
address racial, ethnic, and gender disparities in the military justice
system.
(b) Secretary of Defense and Related Activities.--The activities
described in this subsection are the following, to be commenced or
carried out (as applicable) by not later than 180 days after the date
of the enactment of this Act:
(1) For each court-martial conducted by an Armed Force after
the date of the enactment of this Act, the Secretary of Defense
shall require the head of the Armed Force concerned--
(A) to record the race, ethnicity, and gender of the victim
and the accused, and such other demographic information about
the victim and the accused as the Secretary considers
appropriate;
(B) to include data based on the information described in
subparagraph (A) in the annual military justice reports of the
Armed Force.
(2) The Secretary of Defense, in consultation with the
Secretaries of the military departments and the Secretary of
Homeland Security, shall issue guidance that--
(A) establishes criteria to determine when data indicating
possible racial, ethnic, or gender disparities in the military
justice process should be further reviewed; and
(B) describes how such a review should be conducted.
(3) The Secretary of Defense, in consultation with the
Secretaries of the military departments and the Secretary of
Homeland Security, shall--
(A) conduct an evaluation to identify the causes of any
racial, ethnic, or gender disparities identified in the
military justice system;
(B) take steps to address the causes of any such
disparities, as appropriate.
(c) DAC-IPAD Activities.--
(1) In general.--The activities described in this subsection
are the following, to be conducted by the independent committee
DAC-IPAD:
(A) A review and assessment, by fiscal year, of the race
and ethnicity of members of the Armed Forces accused of a
penetrative sexual assault offense or contact sexual assault
offense in an unrestricted report made pursuant to Department
of Defense Instruction 6495.02, including an unrestricted
report involving a spouse or intimate partner, in all cases
completed in each fiscal year assessed.
(B) A review and assessment, by fiscal year, of the race
and ethnicity of members of the Armed Forces against whom
charges were preferred pursuant to Rule for Courts-Martial 307
for a penetrative sexual assault offense or contact sexual
assault offense in all cases completed in each fiscal year
assessed.
(C) A review and assessment, by fiscal year, of the race
and ethnicity of members of the Armed Forces who were convicted
of a penetrative sexual assault offense or contact sexual
assault offense in all cases completed in each fiscal year
assessed.
(2) Information from federal agencies.--
(A) In general.--Upon request by the chair of the
committee, a department or agency of the Federal Government
shall provide information that the committee considers
necessary to conduct reviews and assessments required by
paragraph (1), including military criminal investigation files,
charge sheets, records of trial, and personnel records.
(B) Handling, storage, and return.--The committee shall
handle and store all records received and reviewed under this
subsection in accordance with applicable privacy laws and
Department of Defense policy, and shall return all records so
received in a timely manner.
(3) Report.--Not later than one year after the date of the
enactment of this Act, the committee shall submit to the Secretary
of Defense, and to the Committees on Armed Services of the Senate
and the House of Representatives, a report setting forth the
results of the reviews and assessments required by paragraph (1).
The report shall include such recommendations for legislative or
administrative action as the committee considers appropriate in
light of such results.
(4) Definitions.--In this subsection:
(A) The term ``independent committee DAC-IPAD'' means the
independent committee established by the Secretary of Defense
under section 546 of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291; 128 Stat. 3374), commonly known as the
``DAC-IPAD''.
(B) The term ``case'' means an unrestricted report of any
penetrative sexual assault offense or contact sexual assault
offense made against a member of the Armed Forces pursuant to
Department of Defense Instruction 6495.02, including any
unrestricted report involving a spouses or intimate partner for
which an investigation has been opened by a criminal
investigative organization.
(C) The term ``completed'', with respect to a case, means
that the case was tried to verdict, dismissed without further
action, or dismissed and then resolved by non-judicial or
administrative proceedings.
(D) The term ``contact sexual assault offense'' means
aggravated sexual contact, abusive sexual contact, wrongful
sexual contact, and attempts to commit such offenses under the
Uniform Code of Military Justice.
(E) The term ``penetrative sexual assault offense'' means
rape, aggravated sexual assault, sexual assault, forcible
sodomy, and attempts to commit such offenses under the Uniform
Code of Military Justice.
SEC. 540J. 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. 540K. REPORT ON PRESERVATION OF RECOURSE TO RESTRICTED REPORT ON
SEXUAL ASSAULT FOR VICTIMS OF SEXUAL ASSAULT FOLLOWING CERTAIN VICTIM
OR THIRD-PARTY COMMUNICATIONS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report making findings and recommendations on the
feasibility and advisability of a policy for the Department of Defense
that would permit a victim of a sexual assault, that is or may be
investigated as a result of a communication described in subsection
(b), which victim is a member of the Armed Forces or an adult dependent
of a member of the Armed Forces, to have the reporting on the sexual
assault be treated as a restricted report without regard to the party
initiating or receiving such communication.
(b) Communications.--A communication described in this subsection
is a communication reporting a sexual assault as follows:
(1) By the victim to a member of the Armed Forces, whether a
commissioned officer or a noncommissioned officer, in the chain of
command of the victim or the victim's military sponsor.
(2) By the victim to military law enforcement personnel or
personnel of a military criminal investigative organization (MCIO).
(3) By any individual other than victim.
(c) Scope of Findings and Recommendations.--The report required by
subsection (a) may include recommendations for new provisions of
statute or regulations, or modification of current statute or
regulations, that may be required to put into effect the findings and
recommendations described in subsection (a).
(d) Consultation.--In preparing the report required by subsection
(a), the Secretary shall consult with the Defense Advisory Committee on
Investigation, Prosecution, and Defense of Sexual Assault in the Armed
Forces (DAC-IPAD) under 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).
SEC. 540L. REPORT ON ESTABLISHMENT OF GUARDIAN AD LITEM PROGRAM FOR
CERTAIN MILITARY DEPENDENTS WHO ARE A VICTIM OR WITNESS OF AN OFFENSE
UNDER THE UNIFORM CODE OF MILITARY JUSTICE INVOLVING ABUSE OR
EXPLOITATION.
(a) Report Required.--
(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
Committees on Armed Services of the Senate and the House of
Representatives a report setting forth an assessment of the
feasibility and advisability of establishing a guardian ad litem
program for military dependents described in paragraph (2) who are
a victim or witness of an offense under chapter 47 of title 10,
United States Code (the Uniform Code of Military Justice), that
involves an element of abuse or exploitation in order to protect
the best interests of such dependents in a court-martial of such
offense.
(2) Covered dependents.--The military dependents described in
this paragraph are as follows:
(A) Military dependents under 12 years of age.
(B) Military dependents who lack mental or other capacity.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An assessment of the feasibility and advisability of
establishing a guardian ad litem program as described in subsection
(a).
(2) If establishment of the guardian ad litem program is
considered feasible and advisable, the following:
(A) A description of administrative requirements in
connection with the program, including the following:
(i) Any memoranda of understanding between the
Department of Defense and State and local authorities
required for purposes of the program.
(ii) The personnel, funding, and other resources
required for purposes of the program.
(B) Best practices for the program (as determined in
consultation with appropriate civilian experts on child
advocacy).
(C) Such recommendations for legislative and administration
action to implement the program as the Secretary considers
appropriate.
SEC. 540M. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON
IMPLEMENTATION BY THE ARMED FORCES OF RECENT STATUTORY REQUIREMENTS ON
SEXUAL ASSAULT PREVENTION AND RESPONSE IN THE MILITARY.
(a) Report Required.--The Comptroller General of the United States
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report, in writing, on a study, conducted by
the Comptroller General for purposes of the report, on the
implementation by the Armed Forces of statutory requirements on sexual
assault prevention and response in the military in the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136) and each
succeeding national defense authorization Act through the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232).
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A list and citation of each statutory requirement (whether
codified or uncodified) on sexual assault prevention and response
in the military in each national defense authorization Act
specified in paragraph (1), including--
(A) whether such statutory requirement is still in force;
and
(B) if such statutory requirement is no longer in force,
the date of the repeal or expiration of such requirement.
(2) For each statutory requirement listed pursuant to paragraph
(1), the following:
(A) An assessment of the extent to which such requirement
was implemented, or is currently being implemented, as
applicable, by each Armed Force to which such requirement
applied or applies.
(B) A description and assessment of the actions taken by
each of the Department of Defense, the military department
concerned, and the Armed Force concerned to assess and
determine the effectiveness of actions taken pursuant to such
requirement in meeting its intended objective.
(3) Any other matters in connection with the statutory
requirements specified in subsection (a), and the implementation of
such requirements by the Armed Forces, that the Comptroller General
considers appropriate.
(c) Briefings.--Not later than May 1, 2020, the Comptroller General
shall provide to the committees referred to in subsection (a) one or
more briefings on the status of the study required by subsection (a),
including any preliminary findings and recommendations of the
Comptroller General as a result of the study as of the date of such
briefing.
SEC. 540N. SENSE OF CONGRESS ON THE PORT CHICAGO 50.
It is the sense of Congress that--
(1) the American people should recognize the role of racial
bias during the era in which the prosecution and convictions of the
Port Chicago 50 took place for mutiny following the deadliest home-
front disaster in World War II, in which 320 were killed on July
17, 1944, during a munitions explosion; and
(2) in light of the well-documented challenges associated with
uniformed service by African Americans during this era, the
Secretary of the Navy should, as appropriate, recommend executive
action in favor of the 49 remaining Sailors with general court-
martial convictions and the 207 remaining Sailors with summary
court-martial convictions.
Subtitle E--Other Legal Matters
SEC. 541. IMPROVEMENT OF CERTAIN SPECIAL VICTIMS' COUNSEL
AUTHORITIES.
(a) Enhancement of Legal Consultation and Assistance in Connection
With Potential Victim Benefits.--Paragraph (8)(D) of subsection (b) of
section 1044e of title 10, United States Code, is amended by striking
``and other'' and inserting ``, section 1408(h) of this title, and
other''.
(b) Expansion of Legal Assistance Authorized to Include
Consultation and Assistance for Retaliation.--Subsection (b) of such
section is amended further--
(1) by redesignating paragraph (10) as paragraph (11); and
(2) by inserting after paragraph (9) the following new
paragraph (10):
``(10) Legal consultation and assistance in connection with an
incident of retaliation, whether such incident occurs before,
during, or after the conclusion of any criminal proceedings,
including--
``(A) in understanding the rights and protections afforded
to victims of retaliation;
``(B) in the filing of complaints; and
``(C) in any resulting military justice proceedings.''.
(c) Staffing Caseload Levels.--Such section is further amended--
(1) by redesignating subsections (g) and (h) as subsections (h)
and (i), respectively; and
(2) by inserting after subsection (f) the following new
subsection (g):
``(g) Staffing Caseload Levels.--Commencing not later than four
years after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2020, each Secretary concerned shall
ensure that the number of Special Victims' Counsel serving in each
military department (and with respect to the Coast Guard) is sufficient
to ensure that the average caseload of a Special Victims' Counsel does
not exceed, to the extent practicable, 25 cases any given time.''.
SEC. 542. AVAILABILITY OF SPECIAL VICTIMS' COUNSEL AT MILITARY
INSTALLATIONS.
(a) Deadline for Availability.--Section 1044e(f) of title 10,
United States Code, is amended by adding at the end the following new
paragraph:
``(4)(A) Subject to subparagraph (B), if a Special Victims' Counsel
is not available at a military installation for access by a member of
the armed forces who requests access to a Special Victims' Counsel, a
Special Victims' Counsel shall be made available at such installation
for access by such member by not later than 72 hours after such
request.
``(B) If the Secretary concerned determines that, due to exigent
circumstances related to military activities, a Special Victims'
Counsel cannot be made available to a member of the armed forces within
the time period required by subparagraph (A), the Secretary concerned
shall ensure that a Special Victims' Counsel is made available to such
member as soon as is practical under such circumstances.''.
(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 for each Special Victims' Counsel under
the jurisdiction of such Secretary 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 such
Special Victims' Counsel.
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, 2021, and each
year thereafter through 2025, 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. COPYRIGHT PROTECTION FOR CIVILIAN FACULTY OF CERTAIN
ACCREDITED INSTITUTIONS.
Section 105 of title 17, United States Code, is amended--
(1) by inserting ``(a) In general.--'' before ``Copyright'';
and
(2) by adding at the end the following:
``(b) Copyright Protection of Certain of Works.--Subject to
subsection (c), the covered author of a covered work owns the copyright
to that covered work.
``(c) Use by Federal Government.--The Secretary of Defense may
direct the covered author of a covered work to provide the Federal
Government with an irrevocable, royalty-free, world-wide, nonexclusive
license to reproduce, distribute, perform, or display such covered work
for purposes of the United States Government.
``(c) Definitions.--In this section:
``(1) The term `covered author' means a civilian member of the
faculty of a covered institution.
``(2) The term `covered institution' means the following:
``(A) National Defense University.
``(B) United States Military Academy.
``(C) Army War College.
``(D) United States Army Command and General Staff College.
``(E) United States Naval Academy.
``(F) Naval War College.
``(G) Naval Post Graduate School.
``(H) Marine Corps University.
``(I) United States Air Force Academy.
``(J) Air University.
``(K) Defense Language Institute.
``(L) United States Coast Guard Academy.
``(3) The term `covered work' means a literary work produced by
a covered author in the course of employment at a covered
institution for publication by a scholarly press or journal.''.
SEC. 545. TERMINATION OF LEASES OF PREMISES AND MOTOR VEHICLES OF
SERVICEMEMBERS WHO INCUR CATASTROPHIC INJURY OR ILLNESS OR DIE
WHILE IN MILITARY SERVICE.
(a) Catastrophic Injuries and Illnesses.--Subsection (a) of section
305 of the Servicemembers Civil Relief Act (50 U.S.C. 3955), as amended
by section 301 of the Veterans Benefits and Transition Act of 2018
(Public Law 115-407), is further amended by adding at the end the
following new paragraph:
``(4) Catastrophic injury or illness of lessee.--The spouse of
the lessee on a lease described in subsection (b) may terminate the
lease during the one-year period beginning on the date on which the
lessee incurs a catastrophic injury or illness (as that term is
defined in section 439(g) of title 37, United States Code), if the
lessee incurs the catastrophic injury or illness during a period of
military service or while performing full-time National Guard duty,
active Guard and Reserve duty, or inactive-duty training (as such
terms are defined in section 101(d) of title 10, United States
Code).''.
(b) Deaths.--Paragraph (3) of such subsection is amended by
striking ``in subsection (b)(1)'' and inserting ``in subsection (b)''.
SEC. 546. MILITARY ORDERS REQUIRED FOR TERMINATION OF LEASES
PURSUANT TO THE SERVICEMEMBERS CIVIL RELIEF ACT.
Section 305(i) of the Servicemembers Civil Relief Act (50 U.S.C.
3955) is amended--
(1) in paragraph (1), by inserting ``(including orders for
separation or retirement)'' after ``official military orders''; and
(2) by adding at the end the following new paragraph:
``(3) Permanent change of station.--The term `permanent change
of station' includes separation or retirement from military
service.''.
SEC. 547. PRESERVATION OF RIGHT TO BRING CLASS ACTION UNDER
SERVICEMEMBERS CIVIL RELIEF ACT.
(a) In General.--Section 802(a) of the Servicemembers Civil Relief
Act (50 U.S.C. 4042(a)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) be a representative party on behalf of members of a class
or be a member of a class, in accordance with the Federal Rules of
Civil Procedure, notwithstanding any previous agreement to the
contrary.''.
(b) Construction.--The amendments made by subsection (a) shall not
be construed to imply that a person aggrieved by a violation of such
Act did not have a right to bring a civil action as a representative
party on behalf of members of a class or be a member of a class in a
civil action before the date of the enactment of this Act.
SEC. 548. LEGAL COUNSEL FOR VICTIMS OF ALLEGED DOMESTIC VIOLENCE
OFFENSES.
(a) In General.--Not later than December 1, 2020, the Secretary of
Defense shall carry out a program to provide legal counsel (referred to
in this section as ``Counsel'') to victims of alleged domestic violence
offenses who are otherwise eligible for military legal assistance under
section 1044 of title 10, United States Code.
(b) Form of Implementation.--The program required under subsection
(a) may be carried out as part of another program of the Department of
Defense or through the establishment of a separate program.
(c) Training and Terms.--The Secretary of Defense shall ensure that
Counsel--
(1) receive specialized training in legal issues commonly
associated with alleged domestic violence offenses; and
(2) to the extent practicable, serve as Counsel for a period of
not less than 2 years.
(d) Attorney-client Relationship.--The relationship between a
Counsel and a victim in the provision of legal advice and assistance
shall be the relationship between an attorney and client.
(e) Paralegal Support.--The Secretary of Defense shall ensure that
sufficient trained paralegal support is provided to Counsel under the
program.
(f) Report Required.--
(1) In general.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the implementation of the program under
subsection (a).
(2) Elements.--The report required under paragraph (1) shall
include the following:
(A) A description and assessment of the manner in which the
Department of Defense will implement the program required under
subsection (a).
(B) An explanation of whether the program will be carried
out as part of another program of the Department or through the
establishment of a separate program.
(C) A comprehensive description of the additional
personnel, resources, and training that will be required to
implement the program, including identification of the specific
number of additional billets that will be needed to staff the
program.
(D) Recommendations for any modifications to law that may
be necessary to effectively and efficiently implement the
program.
(g) Alleged Domestic Violence Offense Defined.--In this section,
the term ``alleged domestic violence offense'' means any allegation
of--
(1) a violation of section 928(b), 928b(1), 928b(5), or 930 of
title 10, United States Code (article 128(b), 128b(1), 128b(5), or
130 of the Uniform Code of Military Justice), when committed
against a spouse, intimate partner, or immediate family member;
(2) a violation of any other provision of subchapter X of
chapter 47 of such title (the Uniform Code of Military Justice),
when committed against a spouse, intimate partner, or immediate
family member; or
(3) an attempt to commit an offense specified in paragraph (1)
or (2) as punishable under section 880 of such title (article 80 of
the Uniform Code of Military Justice).
SEC. 549. 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. 550. TREATMENT OF INFORMATION IN CATCH A SERIAL OFFENDER
PROGRAM FOR CERTAIN PURPOSES.
(a) Treatment Under FOIA.--Victim disclosures under the Catch a
Serial Offender Program shall be withheld from public disclosure under
paragraph (b)(3) of section 552 of title 5, United States Code
(commonly referred to as the ``Freedom of Information Act'').
(b) Preservation of Restricted Report.--The transmittal or receipt
in connection with the Catch a Serial Offender Program of a report on a
sexual assault that is treated as a restricted report shall not operate
to terminate its treatment or status as a restricted report.
SEC. 550A. POLICIES AND PROCEDURES ON REGISTRATION AT MILITARY
INSTALLATIONS OF CIVILIAN PROTECTIVE ORDERS APPLICABLE TO MEMBERS OF
THE ARMED FORCES ASSIGNED TO SUCH INSTALLATIONS AND CERTAIN OTHER
INDIVIDUALS.
(a) Policies and Procedures Required.--Not later than one year
after the date of the enactment of this Act, the Secretary of Defense
shall, in consultation with the Secretaries of the military
departments, establish policies and procedures for the registration at
military installations of any civilian protective orders described in
subsection (b), including the duties and responsibilities of commanders
of installations in the registration process.
(b) Civilian Protective Orders.--A civilian protective order
described in this subsection is any civilian protective order as
follows:
(1) A civilian protective order against a member of the Armed
Forces assigned to the installation concerned.
(2) A civilian protective order against a civilian employee
employed at the installation concerned.
(3) A civilian protective order against the civilian spouse or
intimate partner of a member of the Armed Forces on active duty and
assigned to the installation concerned, or of a civilian employee
described in paragraph (2), which order provides for the protection
of such member or employee.
(c) Particular Elements.--The policies and procedures required by
subsection (a) shall include the following:
(1) A requirement for notice between and among the commander,
military law enforcement elements, and military criminal
investigative elements of an installation when a member of the
Armed Forces assigned to such installation, a civilian employee
employed at such installation, a civilian spouse or intimate
partner of a member assigned to such installation, or a civilian
spouse or intimate partner of a civilian employee employed at such
installation becomes subject to a civilian protective order.
(2) A statement of policy that failure to register a civilian
protective order may not be a justification for the lack of
enforcement of such order by military law enforcement and other
applicable personnel who have knowledge of such order.
(d) Letter.--As soon as practicable after establishing the policies
and procedures required by subsection (a), the Secretary shall submit
to the Committees on Armed Services of the Senate and the House of
Representatives a letter that includes the following:
(1) A detailed description of the policies and procedures.
(2) A certification by the Secretary that the policies and
procedures have been implemented on each military installation.
SEC. 550B. 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 one year 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 adverse behaviors, including the
prevention of suicide and the prevention of substance abuse.
(C) Expertise in the change of culture of large
organizations.
(D) 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. 550C. TRAINING FOR SPECIAL VICTIMS' COUNSEL ON CIVILIAN CRIMINAL
JUSTICE MATTERS IN THE STATES OF THE MILITARY INSTALLATIONS TO WHICH
ASSIGNED.
(a) Training.--
(1) In general.--Except as provided in subsection (c), upon the
assignment of a Special Victims' Counsel (including a Victim Legal
Counsel of the Navy) to a military installation in the United
States, such Counsel shall be provided appropriate training on the
law and policies of the State or States in which such military
installation is located with respect to the criminal justice
matters specified in paragraph (2). The purpose of the training is
to assist such Counsel in providing victims of alleged sex-related
offenses with information necessary to make an informed decision
regarding preference as to the jurisdiction (whether court-martial
or State court) in which such offenses will be prosecuted.
(2) Criminal justice matters.--The criminal justice matters
specified in this paragraph, with respect to a State, are the
following:
(A) Victim rights.
(B) Prosecution of criminal offenses.
(C) Sentencing for conviction of criminal offenses.
(D) Protective orders.
(b) Alleged Sex-related Offense Defined.--In this section, the term
``alleged sex-related offense'' means any allegation of--
(1) a violation of section 920, 920b, 920c, or 930 of title 10,
United States Code (article 120, 120b, 120c, or 130 of the Uniform
Code of Military Justice); or
(2) an attempt to commit an offense specified in a paragraph
(1) as punishable under section 880 of title 10, United States Code
(article 80 of the Uniform Code of Military Justice).
(c) Exception.--The requirements of this section do not apply to a
Special Victims' Counsel of the Coast Guard.
SEC. 550D. ENHANCING THE CAPABILITY OF MILITARY CRIMINAL INVESTIGATIVE
ORGANIZATIONS TO PREVENT AND COMBAT CHILD SEXUAL EXPLOITATION.
(a) In General.--Beginning not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall establish
and carry out an initiative to enhance the capability of military
criminal investigative organizations to prevent and combat child sexual
exploitation.
(b) Activities.--In establishing and carrying out the initiative
under subsection (a), the Secretary of Defense may--
(1) work with internal and external functional experts to train
the personnel of military criminal investigative organizations
across the Department regarding--
(A) technologies, tools, and techniques, including digital
forensics, to enhance the investigation of child sexual
exploitation; and
(B) evidence-based forensic interviewing of child victims,
and the referral of child victims for trauma-informed mental
and medical health care, and other treatment and support
services;
(2) to the extent authorized by law, collaborate with Federal,
State, local, and other civilian law enforcement agencies on issues
relating to child sexual exploitation, including by--
(A) participating in task forces established by such
agencies for the purpose of preventing and combating child
sexual exploitation;
(B) establishing cooperative agreements to facilitate co-
training and collaboration with such agencies; and
(C) ensuring that streamlined processes for the referral of
child sexual exploitation cases to other agencies and
jurisdictions, as appropriate, are fully operational;
(3) as appropriate, assist in educating the military community
on the prevention and response to child sexual exploitation; and
(4) carry out such other activities as the Secretary determines
to be relevant.
SEC. 550E. FEASIBILITY STUDY ON ESTABLISHMENT OF DATABASE OF MILITARY
PROTECTIVE ORDERS.
(a) Study.--The Secretary of Defense shall conduct a study on the
feasibility of establishing a database of military protective orders
issued by military commanders against individuals suspected of having
committed an offense of domestic violence under section 928b of title
10, United States Code (article 128b of the Uniform Code of Military
Justice). The study shall include an examination of each of the
following:
(1) The feasibility of creating a database to record, track,
and report such military protective orders to the National Instant
Criminal Background Check System.
(2) The feasibility of establishing a process by which a
military judge or magistrate may issue a protective order against
an individual suspected of having committed such an offense.
(3) How the database and process described in paragraphs (1)
and (2), respectively, may differ from analogous civilian databases
and processes, including with regard to due process and other
procedural protections.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the results of the study
conducted under subsection (a).
SEC. 550F. GAO REVIEW OF USERRA AND SCRA.
(a) Report Required.--Not later than January 31, 2021, the
Comptroller General of the United States shall conduct a review and
submit a report to the Committees on Armed Services of the Senate and
House of Representatives regarding what the Comptroller General
determines are the effects of the common commercial and governmental
practices of including a mandatory arbitration clause in employment and
consumer agreements, on the ability of servicemembers to assert claims
under and secure redress for violations of--
(1) chapter 43 of title 38, United States Code (commonly
referred to as the ``Uniformed Services Employment and
Reemployments Rights Act of 1994'' and referred to in this section
as ``USERRA''); and
(2) the Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq.
(referred to in this section as ``SCRA'')).
(b) Elements.--The report under this section shall include the
following:
(1) Each process by which a servicemember may assert a claim
under USERRA or SCRA, including--
(A) administrative assistance;
(B) support, and dispute resolution processes provided by
Federal and State agencies;
(C) arbitration; and
(D) litigation.
(2) With regards to each process identified under paragraph
(1), an evaluation of--
(A) the flexibility the process affords to the
servicemember and other parties to the process;
(B) the burden on the servicemember and other parties to
the process;
(C) the financial cost of the process to the servicemember
and the other parties;
(D) the speed of each process, including the rate at which
each claim pursued under such process is resolved;
(E) the confidentiality of each process; and
(F) the effects of the process.
(3) Based on data regarding the results of past actions to
enforce servicemember rights and benefits under USERRA and SCRA,
including data of the Departments of Defense and Labor regarding
dispute resolution under USERRA and data of the Department of
Justice regarding litigation under SCRA--
(A) an analysis of the extent to which each of the
processes identified in paragraph (1) has been employed to
address claims under USERRA or SCRA and
(B) the extent to which each such process achieved a final
disposition favorable to the servicemember.
(4) An assessment of general societal trends in the use of
mandatory arbitration clauses in employment and consumer
agreements, including any trend in a specific industry or
employment sector that relies on mandatory arbitration in such
contracts and agreements.
(5) An assessment and explanation of any effect--
(A) of the use of mandatory arbitration clauses in
employment or consumer agreements on military readiness and
deployability.
(B) of USERRA or SCRA on the willingness of employers to
employ, and consumer service businesses to provide services to
servicemembers and their families.
Subtitle F--Member Education
SEC. 551. AUTHORITY FOR DETAIL OF CERTAIN ENLISTED MEMBERS OF THE
ARMED FORCES AS STUDENTS AT LAW SCHOOLS.
(a) In General.--Section 2004 of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) by inserting ``and enlisted members'' after
``commissioned officers'';
(B) by striking ``bachelor of laws or''; and
(C) by inserting ``and enlisted members'' after ``twenty-
five officers'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by inserting
``or enlisted member'' after ``officer'';
(B) by striking paragraph (1) and inserting the following
new paragraph (1):
``(1) either--
``(A) have served on active duty for a period of not less
than two years nor more than six years and be an officer in the
pay grade O-3 or below as of the time the training is to begin;
or
``(B) have served on active duty for a period of not less
than four years nor more than eight years and be an enlisted
member in the pay grade E-5, E-6, or E-7 as of the time the
training is to begin;'';
(C) by redesignating paragraph (2) as paragraph (3);
(D) by inserting after paragraph (1), as amended by
subparagraph (B), the following new paragraph (2):
``(2) in the case of an enlisted member, meet all requirements
for acceptance of a commission as a commissioned officer in the
armed forces; and''; and
(E) in subparagraph (B) of paragraph (3), as redesignated
by subparagraph (C) of this paragraph, by striking ``or law
specialist'';
(3) in subsection (c)--
(A) in the first sentence, by inserting ``and enlisted
members'' after ``Officers''; and
(B) in the second sentence, by inserting ``or enlisted
member'' after ``officer'' each place it appears;
(4) in subsection (d), by inserting ``and enlistment members''
after ``officers'';
(5) in subsection (e), by inserting ``or enlistment member''
after ``officer''; and
(6) in subsection (f), by inserting ``or enlisted member''
after ``officer''.
(b) Conforming and Clerical Amendments.--
(1) Heading amendment.--The heading of such section is amended
to read as follows:
``Sec. 2004. Detail as students at law schools; commissioned officers;
certain enlisted members''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 101 of such title is amended by striking the item
relating to section 2004 and inserting the following new item:
``2004. Detail as students at law schools; commissioned officers;
certain enlisted members.''.
SEC. 552. INCLUSION OF COAST GUARD IN DEPARTMENT OF DEFENSE
STARBASE PROGRAM.
Section 2193b of title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``and the Secretary of the
Department in which the Coast Guard is operating'' after ``military
departments''; and
(2) in subsection (f), by striking ``and the Secretaries of the
military departments'' and inserting ``, the Secretaries of the
military departments, and the Secretary of the Department in which
the Coast Guard is operating''.
SEC. 553. DEGREE GRANTING AUTHORITY FOR UNITED STATES ARMY ARMAMENT
GRADUATE SCHOOL; LIMITATION ON ESTABLISHMENT OF CERTAIN
EDUCATIONAL INSTITUTIONS.
(a) Degree Granting Authority for United States Army Armament
Graduate School.--
(1) In general.--Chapter 751 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 7422. Degree granting authority for United States Army Armament
Graduate School
``(a) Authority.--Under regulations prescribed by the Secretary of
the Army, the Chancellor of the United States Army Armament Graduate
School may, upon the recommendation of the faculty and provost of the
school, 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.''.
(2) 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.''.
(b) Limitation.--
(1) In general.--Chapter 101 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 2017. Limitation on establishment of postsecondary educational
institutions pending notice to Congress
``(a) Limitation.--The Secretary of Defense may not establish a
postsecondary educational institution within the Department of Defense
until a period of one year has elapsed following the date on which the
Secretary notifies the congressional defense committees of the intent
of the Secretary to establish the institution.
``(b) Postsecondary Educational Institution Defined.--In this
section, the term `postsecondary educational institution' means a
school or other educational institution that is intended to provide
students with a course of instruction that is comparable, in length and
academic rigor, to a course of instruction for which an associate's,
bachelor's, or graduate degree may be awarded.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by adding at the end the following new
item:
``2017. Limitation on establishment of postsecondary educational
institutions pending notice to Congress.''.
(3) Applicability.--Section 2017 of title 10, United States
Code, as added by paragraph (1), shall apply with respect to
postsecondary educational institutions intended to be established
by the Secretary of Defense on or after the date of the enactment
of this Act.
SEC. 554. PROHIBITION ON OFF-DUTY EMPLOYMENT FOR CADETS AND
MIDSHIPMEN COMPLETING OBLIGATED SERVICE AFTER GRADUATION.
(a) Military Academy.--Section 7448(a)(5)(A) of title 10, United
States Code, is amended by inserting ``or seek or accept approval for
off-duty employment while completing the cadet's commissioned service
obligation'' before ``to obtain employment''.
(b) Naval Academy.--Section 8459(a)(5)(A) of title 10, United
States Code, is amended by inserting ``or seek or accept approval for
off-duty employment while completing the midshipman's commissioned
service obligation'' before ``to obtain employment''.
(c) Air Force Academy.--Section 9448(a)(5)(A) of title 10, United
States Code, is amended by inserting ``or seek or accept approval for
off-duty employment while completing the cadet's commissioned service
obligation'' before ``to obtain employment''.
SEC. 555. CONSIDERATION OF REQUEST FOR TRANSFER OF A CADET OR
MIDSHIPMAN AT A MILITARY SERVICE ACADEMY WHO IS THE VICTIM OF A
SEXUAL ASSAULT OR RELATED OFFENSE.
(a) United States Military Academy.--Section 7461 of title 10,
United States Code, is amended by adding at the end the following new
subsection:
``(e) Consideration of Request for Transfer of a Cadet Who Is the
Victim of a Sexual Assault or Related Offense.--(1) The Secretary of
the Army shall provide for timely consideration of and action on a
request submitted by a cadet appointed to the United States Military
Academy who is the victim of an alleged sexual assault or other offense
covered by section 920, 920c, or 930 of this title (article 120, 120c,
or 130 of the Uniform Code of Military Justice) for transfer to another
military service academy or to enroll in a Senior Reserve Officers'
Training Corps program affiliated with another institution of higher
education.
``(2) The Secretary of the Army shall prescribe regulations to
carry out this subsection, within guidelines provided by the Secretary
of Defense that--
``(A) provide that the Superintendent of the United States
Military Academy shall ensure that any cadet who has been appointed
to the United States Military Academy and who is a victim of an
alleged sexual assault or other offense referred to in paragraph
(1), is informed of the right to request a transfer pursuant to
this section, and that any formal request submitted by a cadet is
processed as expeditiously as practicable through the chain of
command for review and action by the Superintendent;
``(B) direct the Superintendent of the United States Military
Academy, in coordination with the Superintendent of the military
service academy to which the cadet requests to transfer--
``(i) to take action on a request for transfer under this
subsection not later than 72 hours after receiving the formal
request from the cadet;
``(ii) to approve such request for transfer unless there
are exceptional circumstances that require denial of the
request; and
``(iii) upon approval of such request, to take all
necessary and appropriate action to effectuate the transfer of
the cadet to the military service academy concerned as
expeditiously as possible; and
``(C) direct the Superintendent of the United States Military
Academy, in coordination with the Secretary of the military
department that sponsors the Senior Reserve Officers' Training
Corps program at the institution of higher education to which the
cadet requests to transfer--
``(i) to take action on a request for transfer under this
subsection not later than 72 hours after receiving the formal
request from the cadet;
``(ii) subject to the cadet's acceptance for admission to
the institution of higher education to which the cadet wishes
to transfer, to approve such request for transfer unless there
are exceptional circumstances that require denial of the
application; and
``(iii) to take all necessary and appropriate action to
effectuate the cadet's enrollment in the institution of higher
education to which the cadet wishes to transfer and to process
the cadet for participation in the relevant Senior Reserve
Officers' Training Corps program as expeditiously as possible.
``(3) If the Superintendent of the United States Military Academy
denies a request for transfer under this subsection, the cadet may
request review of the denial by the Secretary of the Army, who shall
take action on such request not later than 72 hours after receipt of
the formal request for review.
``(4) The Secretary concerned shall ensure that all records of any
request, determination, transfer, or other action under this subsection
remain confidential, consistent with applicable law and regulation.
``(5) A cadet who transfers under this subsection may retain the
cadet's appointment to the United States 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) United States Naval Academy.--Section 8480 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(e) Consideration of Request for Transfer of a Midshipman Who Is
the Victim of a Sexual Assault or Related Offense.--(1) The Secretary
of the Navy shall provide for timely consideration of and action on a
request submitted by a midshipman appointed to the United States Naval
Academy who is the victim of an alleged sexual assault or other offense
covered by section 920, 920c, or 930 of this title (article 120, 120c,
or 130 of the Uniform Code of Military Justice) for transfer to another
military service academy or to enroll in a Senior Reserve Officers'
Training Corps program affiliated with another institution of higher
education.
``(2) The Secretary of the Navy shall prescribe regulations to
carry out this subsection, within guidelines provided by the Secretary
of Defense that--
``(A) provide that the Superintendent of the United States
Naval Academy shall ensure that any midshipman who has been
appointed to the United States Naval Academy and who is a victim of
an alleged sexual assault or other offense referred to in paragraph
(1), is informed of the right to request a transfer pursuant to
this section, and that any formal request submitted by a midshipman
is processed as expeditiously as practicable through the chain of
command for review and action by the Superintendent;
``(B) direct the Superintendent of the United States Naval
Academy, in coordination with the Superintendent of the military
service academy to which the midshipman requests to transfer--
``(i) to take action on a request for transfer under this
subsection not later than 72 hours after receiving the formal
request from the midshipman;
``(ii) to approve such request for transfer unless there
are exceptional circumstances that require denial of the
request; and
``(iii) upon approval of such request, to take all
necessary and appropriate action to effectuate the transfer of
the midshipman to the military service academy concerned as
expeditiously as possible; and
``(C) direct the Superintendent of the United States Naval
Academy, in coordination with the Secretary of the military
department that sponsors the Senior Reserve Officers' Training
Corps program at the institution of higher education to which the
midshipman requests to transfer--
``(i) to take action on a request for transfer under this
subsection not later than 72 hours after receiving the formal
request from the midshipman;
``(ii) subject to the midshipman's acceptance for admission
to the institution of higher education to which the midshipman
wishes to transfer, to approve such request for transfer unless
there are exceptional circumstances that require denial of the
application; and
``(iii) to take all necessary and appropriate action to
effectuate the midshipman's enrollment in the institution of
higher education to which the midshipman wishes to transfer and
to process the midshipman for participation in the relevant
Senior Reserve Officers' Training Corps program as
expeditiously as possible.
``(3) If the Superintendent of the United States Naval Academy
denies a request for transfer under this subsection, the midshipman may
request review of the denial by the Secretary of the Navy, who shall
take action on such request not later than 72 hours after receipt of
the formal request for review.
``(4) The Secretary concerned shall ensure that all records of any
request, determination, transfer, or other action under this subsection
remain confidential, consistent with applicable law and regulation.
``(5) A midshipman who transfers under this subsection may retain
the midshipman's appointment to the United States 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) United States 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 Request for Transfer of a Cadet Who Is the
Victim of a Sexual Assault or Related Offense.--(1) The Secretary of
the Air Force shall provide for timely consideration of and action on a
request submitted by a cadet appointed to the United States Air Force
Academy who is the victim of an alleged sexual assault or other offense
covered by section 920, 920c, or 930 of this title (article 120, 120c,
or 130 of the Uniform Code of Military Justice) for transfer to another
military service academy or to enroll in a Senior Reserve Officers'
Training Corps program affiliated with another institution of higher
education.
``(2) The Secretary of the Air Force shall prescribe regulations to
carry out this subsection, within guidelines provided by the Secretary
of Defense that--
``(A) provide that the Superintendent of the United States Air
Force Academy shall ensure that any cadet who has been appointed to
the United States Air Force Academy and who is a victim of an
alleged sexual assault or other offense referred to in paragraph
(1), is informed of the right to request a transfer pursuant to
this section, and that any formal request submitted by a cadet is
processed as expeditiously as practicable through the chain of
command for review and action by the Superintendent;
``(B) direct the Superintendent of the United States Air Force
Academy, in coordination with the Superintendent of the military
service academy to which the cadet requests to transfer--
``(i) to take action on a request for transfer under this
subsection not later than 72 hours after receiving the formal
request from the cadet;
``(ii) to approve such request for transfer unless there
are exceptional circumstances that require denial of the
request; and
``(iii) upon approval of such request, to take all
necessary and appropriate action to effectuate the transfer of
the cadet to the military service academy concerned as
expeditiously as possible; and
``(C) direct the Superintendent of the United States Air Force
Academy, in coordination with the Secretary of the military
department that sponsors the Senior Reserve Officers' Training
Corps program at the institution of higher education to which the
cadet requests to transfer--
``(i) to take action on a request for transfer under this
subsection not later than 72 hours after receiving the formal
request from the cadet;
``(ii) subject to the cadet's acceptance for admission to
the institution of higher education to which the cadet wishes
to transfer, to approve such request for transfer unless there
are exceptional circumstances that require denial of the
application; and
``(iii) to take all necessary and appropriate action to
effectuate the cadet's enrollment in the institution of higher
education to which the cadet wishes to transfer and to process
the cadet for participation in the relevant Senior Reserve
Officers' Training Corps program as expeditiously as possible.
``(3) If the Superintendent of the United States Air Force Academy
denies a request for transfer under this subsection, the cadet may
request review of the denial by the Secretary of the Air Force, who
shall take action on such request not later than 72 hours after receipt
of the formal request for review.
``(4) The Secretary concerned shall ensure that all records of any
request, determination, transfer, or other action under this subsection
remain confidential, consistent with applicable law and regulation.
``(5) A cadet who transfers under this subsection may retain the
cadet's appointment to the United States 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. 556. 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 Amendments.--Section 9414(f) 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. 557. 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. 558. SPEECH DISORDERS OF CADETS AND MIDSHIPMEN.
(a) Testing.--The Superintendent of a military service academy
shall provide testing for speech disorders to incoming cadets or
midshipmen under the jurisdiction of that Superintendent.
(b) No Effect on Admission.--The testing under subsection (a) may
not have any effect on admission to a military service academy.
(c) Results.--The Superintendent shall provide each cadet or
midshipman under the jurisdiction of that Superintendent the result of
the testing under subsection (a) and a list of warfare unrestricted
line officer positions and occupation specialities that require
successful performance on the speech test.
(d) Therapy.--The Superintendent shall furnish speech therapy to a
cadet or midshipman under the jurisdiction of that Superintendent at
the election of the cadet or midshipman.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretaries of the military departments
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a joint report that includes the following:
(1) The number of cadets or midshipmen with an identified
speech disorder in each military service academy.
(2) A list of the health care and administrative resources
related to speech disorders available to cadets and midshipmen
described in paragraph (1).
(3) A list of positions and specialties described in subsection
(c) pursued by the cadets and midshipmen described in paragraph (1)
at the time of graduation.
SEC. 559. REQUIREMENT TO CONTINUE PROVISION OF TUITION ASSISTANCE
FOR MEMBERS OF THE ARMED FORCES.
The Secretary of each military department shall carry out tuition
assistance programs for members of an Armed Force under the
jurisdiction of that Secretary during fiscal year 2020 using an amount
not less than the sum of any amounts appropriated for tuition
assistance for members of that Armed Force for fiscal year 2020.
SEC. 560. INFORMATION ON INSTITUTIONS OF HIGHER EDUCATION
PARTICIPATING IN THE DEPARTMENT OF DEFENSE TUITION ASSISTANCE
PROGRAM.
(a) List of Participating Institutions.--The Secretary of Defense
shall make available, on a publicly accessible website of the
Department of Defense, a list that identifies--
(1) each institution of higher education that receives funds
under the Department of Defense Tuition Assistance Program; and
(2) the amount of such funds received by the institution.
(b) Annual Updates.--The Secretary of Defense shall update the list
described in subsection (a) not less frequently than once annually.
SEC. 560A. INCLUSION OF INFORMATION ON FREE CREDIT MONITORING IN ANNUAL
FINANCIAL LITERACY BRIEFING.
The Secretary of each military department shall ensure that the
annual financial literacy education briefing provided to members of the
Armed Forces includes information on the availability of free credit
monitoring services pursuant to section 605A(k) of the Fair Credit
Reporting Act (15 U.S.C. 1681c-1(k)).
SEC. 560B. PROGRAMS TO FACILITATE THE AWARD OF PRIVATE PILOT'S
CERTIFICATES.
(a) Programs Authorized.--Each Secretary of a military department
may carry out a program under which qualified participants may obtain 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) Participant Qualifications and Types of Assistance.--
(1) In general.--In carrying out a program under subsection
(a), the Secretary of a military department shall prescribe--
(A) the standards to be met for participation in the
program; and
(B) the types of assistance, if any, to be provided to
individuals who participate in the program.
(2) Uniformity across military departments.--To the extent
practicable, the standards and types of assistance prescribed under
paragraph (1) 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))
through which an individual participating in the program may obtain
a private pilot's certificate.
(2) Qualifications and standards.--Any institution of higher
education included on a list under paragraph (1), 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, to individual participating
in the program, academic credit at such institution for any portion
of course work completed on the ground school course of instruction
of such institution in connection with obtaining a private pilot's
certificate, regardless of whether the participant fully completed
the ground school course of instruction.
(d) 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 under subsection (a) 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 total number of participants in the program.
(B) The number of private pilot's certificates awarded to
participants in the program.
(C) The number of participants in the program who fully
completed a ground school course of instruction in connection
with obtaining a private pilot's certificate.
Subtitle G--Member Training and Transition
SEC. 561. REQUIREMENT TO PROVIDE INFORMATION REGARDING BENEFITS
CLAIMS TO MEMBERS DURING TAP COUNSELING.
Section 1142(b) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(19) Information regarding how to file claims for benefits
available to the member under laws administered by the Secretaries
of Defense and Veterans Affairs.''.
SEC. 562. PARTICIPATION OF OTHER FEDERAL AGENCIES IN THE
SKILLBRIDGE APPRENTICESHIP AND INTERNSHIP PROGRAM FOR MEMBERS OF
THE ARMED FORCES.
Section 1143(e) of title 10, 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) Any program under this subsection may be carried out at,
through, or in consultation with such other departments or agencies of
the Federal Government as the Secretary of the military department
concerned considers appropriate.''.
SEC. 563. FIRST MODIFICATION OF ELEMENTS OF REPORT 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
by adding at the end the following:
``(E) The evaluation of the Secretary regarding the
effectiveness of the Transition Assistance Program for all
members of the Armed Forces.
``(F) The evaluation of the Secretary regarding the
effectiveness of the Transition Assistance Program specifically
for female members of the Armed Forces.''.
SEC. 564. SECOND MODIFICATION OF ELEMENTS OF REPORT 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), as amended
by section 563 of this Act, is further amended--
(1) by redesignating subparagraphs (A) through (F) as
subparagraphs (B) through (G), 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:
``(H) 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').
``(I) 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 (H).''.
SEC. 565. 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. 566. ASSESSMENT OF DEATHS OF RECRUITS UNDER THE JURISDICTION
OF THE SECRETARIES OF THE MILITARY DEPARTMENTS.
(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 Secretaries of the military departments,
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 Secretaries of the military
departments 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 medical care for recruits.
SEC. 567. REVIEW OF DEPARTMENT OF DEFENSE TRAINING PROGRAMS
REGARDING DISINFORMATION CAMPAIGNS.
(a) Review.--Not later than 120 days after the enactment of this
Act, the Secretary of Defense shall conduct a review of existing
programs, tools, and resources of the Department of Defense for
training members of the Armed Forces and employees of the Department
regarding the threat of disinformation campaigns specifically targeted
at such individuals and the families of such individuals.
(b) Report Required.--Not later than 270 days after the enactment
of this Act, the Secretary of Defense shall submit a report to the
congressional defense committees regarding the programs, tools, and
resources identified under subsection (a).
SEC. 568. COMMAND MATTERS IN CONNECTION WITH TRANSITION ASSISTANCE
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.
SEC. 569. 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--
(1) be machine readable and electronically transferable; and
(2) 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.
(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. 570. 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. 570A. LIMITATIONS AND REQUIREMENTS IN CONNECTION WITH SEPARATIONS
FOR MEMBERS OF THE ARMED FORCES WHO SUFFER FROM MENTAL HEALTH
CONDITIONS IN CONNECTION WITH A SEX-RELATED, INTIMATE PARTNER VIOLENCE-
RELATED, OR SPOUSAL-ABUSE OFFENSE.
(a) Confirmation of Diagnosis of Condition Required Before
Separation.--Before a member of the Armed Forces who was the victim of
a sex-related offense, an intimate partner violence-related offense, or
a spousal-abuse offense during service in the Armed Forces (whether or
not such offense was committed by another member of the Armed Forces),
and who has a mental health condition not amounting to a physical
disability, is separated, discharged, or released from the Armed Forces
based solely on such condition, the diagnosis of such condition must
be--
(1) corroborated by a competent mental health care professional
at the peer level or a higher level of the health care professional
making the diagnosis; and
(2) endorsed by the Surgeon General of the military department
concerned.
(b) Narrative Reason for Separation if Mental Health Condition
Present.--If the narrative reason for separation, discharge, or release
from the Armed Forces of a member of the Armed Forces is a mental
health condition that is not a disability, the appropriate narrative
reason for the separation, discharge, or release shall be a condition,
not a disability, or Secretarial authority.
(c) Definitions.--In this section:
(1) The term ``intimate partner violence-related offense''
means the following:
(A) An offense under section 928 or 930 of title 10, United
States Code (article 128 or 130 of the Uniform Code of Military
Justice).
(B) An offense under State law for conduct identical or
substantially similar to an offense described in subparagraph
(A).
(2) The term ``sex-related offense'' means the following:
(A) An offense under section 920 or 920b of title 10,
United States Code (article 120 or 120b of the Uniform Code of
Military Justice).
(B) An offense under State law for conduct identical or
substantially similar to an offense described in subparagraph
(A).
(3) The term ``spousal-abuse offense'' means the following:
(A) An offense under section 928 of title 10, United States
Code (article 128 of the Uniform Code of Military Justice).
(B) An offense under State law for conduct identical or
substantially similar to an offense described in subparagraph
(A).
(d) Effective Date.--This section shall take effect 180 days after
the date of the enactment of this Act, and shall apply with respect to
separations, discharges, and releases from the Armed Forces that occur
on or after that effective date.
SEC. 570B. PROHIBITION ON INVOLUNTARY SEPARATION OF CERTAIN MEMBERS OF
THE ARMED FORCES; CONSIDERATION OF MILITARY SERVICE IN REMOVAL
DETERMINATIONS.
(a) Prohibition on Involuntary Separation.--
(1) In general.--No member of the Armed Forces may be
involuntarily separated from the Armed Forces solely because that
member is a covered member.
(2) Covered member defined.--In this subsection, the term
``covered member'' means a member of the Armed Forces who--
(A) possesses a current and valid employment authorization
document that was issued pursuant to the memorandum of the
Secretary of Homeland Security dated June 15, 2012, and
entitled ``Exercising Prosecutorial Discretion with Respect to
Individuals who Came to the United States as Children''; or
(B) is currently in a temporary protected status under
section 244 of the Immigration and Nationality Act (8 U.S.C.
1254a).
(b) Consideration of Military Service in Removal Determinations.--
(1) In general.--With regards to an individual, an immigration
officer shall take into consideration evidence of military service
by that individual in determining whether--
(A) to issue to that individual a notice to appear in
removal proceedings, an administrative order of removal, or a
reinstatement of a final removal order; and
(B) to execute a final order of removal regarding that
individual.
(2) Definitions.--In this subsection:
(A) The term ``evidence of service'' means evidence that an
individual served as a member of the Armed Forces, and the
characterization of each period of service of that individual
in the Armed Forces.
(B) The term ``immigration officer'' has the meaning given
that term in section 101 of the Immigration and Nationality Act
(8 U.S.C. 1101 et seq.).
SEC. 570C. INCLUSION OF QUESTION REGARDING IMMIGRATION STATUS ON
PRESEPARATION COUNSELING CHECKLIST (DD FORM 2648).
Not later than September 30, 2020, the Secretary of Defense shall
modify the preseparation counseling checklist for active component,
active guard reserve, active reserve, full time support, and reserve
program administrator service members (DD Form 2648) to include a
specific block wherein a member of the Armed Forces may indicate that
the member would like to receive information regarding the immigration
status of that member and expedited naturalization.
SEC. 570D. COUNSELING FOR MEMBERS OF THE ARMED FORCES WHO ARE NOT
CITIZENS OF THE UNITED STATES ON NATURALIZATION IN THE UNITED STATES.
(a) In General.--The Secretary concerned shall furnish to covered
individuals under the jurisdiction of that Secretary counseling
regarding how to apply for naturalization in the United States.
(b) Definitions.--In this section:
(1) The term ``covered individual'' means a member of the Armed
Forces who is not a citizen of the United States.
(2) The term ``Secretary concerned'' has the meaning given that
term in section 101(a)(9) of title 10, United States Code.
SEC. 570E. PILOT PROGRAM ON INFORMATION SHARING BETWEEN DEPARTMENT OF
DEFENSE AND DESIGNATED RELATIVES AND FRIENDS OF MEMBERS OF THE ARMED
FORCES REGARDING THE EXPERIENCES AND CHALLENGES OF MILITARY SERVICE.
(a) Pilot Program Required.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall seek to enter
into an agreement with the American Red Cross to carry out a pilot
program under which the American Red Cross--
(A) encourages a member of the Armed Forces, upon the
enlistment or appointment of such member, to designate up to 10
persons to whom information regarding the military service of
such member shall be disseminated using contact information
obtained under paragraph (6); and
(B) provides such persons, within 30 days after the date on
which such persons are designated under subparagraph (A), the
option to elect to receive such information regarding military
service.
(2) Dissemination.--The Secretary shall disseminate information
described in paragraph (1)(A) under the pilot program on a regular
basis.
(3) Types of information.--The types of information to be
disseminated under the pilot program to persons who elect to
receive such information shall include information regarding--
(A) aspects of daily life and routine experienced by
members of the Armed Forces;
(B) the challenges and stresses of military service,
particularly during and after deployment as part of a
contingency operation;
(C) the services available to members of the Armed Forces
and the dependents of such members to cope with the experiences
and challenges of military service;
(D) benefits administered by the Department of Defense for
members of the Armed Forces and the dependents of such members;
(E) a toll-free telephone number through which such persons
who elect to receive information under the pilot program may
request information regarding the program; and
(F) such other information as the Secretary determines to
be appropriate.
(4) Privacy of information.--In carrying out the pilot program,
the Secretary may not disseminate information under paragraph (3)
in violation of laws and regulations pertaining to the privacy of
members of the Armed Forces, including requirements pursuant to--
(A) section 552a of title 5, United States Code; and
(B) the Health Insurance Portability and Accountability Act
of 1996 (Public Law 104-191).
(5) Notice and modifications.--In carrying out the pilot
program, the Secretary shall, with respect to a member of the Armed
Forces--
(A) ensure that such member is notified of the ability to
modify designations made by such member under paragraph (1)(A);
and
(B) upon the request of a member, authorize such member to
modify such designations at any time.
(6) Contact information.--In making a designation under the
pilot program, a member of the Armed Forces shall provide necessary
contact information, specifically including an email address, to
facilitate the dissemination of information regarding the military
service of the member.
(7) Opt-in and opt-out of program.--
(A) Opt-in by members.--A member may participate in the
pilot program only if the member voluntarily elects to
participate in the program. A member seeking to make such an
election shall make such election in a manner, and by including
such information, as the Secretary and the Red Cross shall
jointly specify for purposes of the pilot program.
(B) Opt-in by designated recipients.--A person designated
pursuant to paragraph (1)(A) may receive information under the
pilot program only if the person makes the election described
in paragraph (1)(B).
(C) Opt-out.--In carrying out the pilot program, the
Secretary shall, with respect to a person who has elected to
receive information under such pilot program, cease
disseminating such information to that person upon request of
such person.
(b) Survey and Report on Pilot Program.--
(1) Survey.--Not later than two years after the date on which
the pilot program commences, the Secretary, in consultation with
the American Red Cross, shall administer a survey to persons who
elected to receive information under the pilot program for the
purpose of receiving feedback regarding the quality of information
disseminated under this section, including whether such information
appropriately reflects the military career progression of members
of the Armed Forces.
(2) Report.--Not later than three years after the date on which
the pilot program commences, the Secretary shall submit to the
congressional defense committees a final report on the pilot
program which includes--
(A) the results of the survey administered under paragraph
(1);
(B) a determination as to whether the pilot program should
be made permanent; and
(C) recommendations as to modifications necessary to
improve the program if made permanent.
(c) Termination of Pilot Program.--The pilot program shall
terminate upon submission of the report required by subsection (b)(2).
SEC. 570F. CONNECTIONS OF MEMBERS RETIRING OR SEPARATING FROM THE ARMED
FORCES WITH COMMUNITY-BASED ORGANIZATIONS AND RELATED ENTITIES.
(a) In General.--The Secretary of Defense and the Secretary of
Veterans Affairs shall jointly seek to enter into memoranda of
understanding or other agreements with State veterans agencies under
which information from Department of Defense Form DD-2648 on
individuals undergoing retirement, discharge, or release from the Armed
Forces is transmitted to one or more State veterans agencies, as
elected by such individuals, to provide or connect veterans to benefits
or services as follows:
(1) Assistance in preparation of resumes.
(2) Training for employment interviews.
(3) Employment recruitment training.
(4) Other services leading directly to a successful transition
from military life to civilian life.
(5) Healthcare, including care for mental health.
(6) Transportation or transportation-related services.
(7) Housing.
(8) Such other benefits or services as the Secretaries jointly
consider appropriate for purposes of this section.
(b) Information Transmitted.--The information transmitted on
individuals as described in subsection (a) shall be such information on
Form DD-2648 as the Secretaries jointly consider appropriate to
facilitate community-based organizations and related entities in
providing or connecting such individuals to benefits and services as
described in subsection (a).
(c) Modification of Form DD-2648.--The Secretary of Defense shall
make such modifications to Form DD-2648 as the Secretary considers
appropriate to allow an individual filling out the form to indicate an
email address at which the individual may be contacted to receive or be
connected to benefits or services described in subsection (a).
(d) Voluntary Participation.--Information on an individual may be
transmitted to and through a State veterans agency as described in
subsection (a) only with the consent of the individual. In giving such
consent, an individual shall specify the following:
(1) The State veterans agency or agencies elected by the
individual to transmit such information as described in subsection
(a).
(2) The benefits and services for which contact information
shall be so transmitted.
(3) Such other information on the individual as the individual
considers appropriate in connection with the transmittal.
SEC. 570G. PILOT PROGRAM REGARDING ONLINE APPLICATION FOR THE
TRANSITION ASSISTANCE PROGRAM.
(a) Establishment.--The Secretary of Defense, the Secretary of
Veterans Affairs, and the Secretary of Labor may jointly carry out a
pilot program that creates a one-stop source for online applications
for the purposes of assisting members of the Armed Forces and Veterans
participating in the Transition Assistance Program (in this section
referred to as ``TAP'').
(b) Data Sources.--If the Secretaries carry out the pilot program,
any online application developed under such program shall, in part,
aggregate existing data from government resources and the private
sector under one uniform resource locator for the purpose of assisting
members of the Armed Forces and veterans participating in TAP.
(c) Availability; Accessibility.--Any online application developed
under a pilot program shall, to the extent feasible be--
(1) widely available as a mobile application; and
(2) easily accessible by veterans, members of the Armed Forces,
and employers.
(d) Assessments.--
(1) Interim assessments.--Not later than the dates that are one
and two years after the date of the commencement of any pilot
program under this section, the Secretaries shall jointly assess
the pilot program.
(2) Final assessment.--Not later than the date that is three
years after the date of the commencement of any pilot program under
this section, the Secretaries shall jointly carry out a final
assessment of the pilot program.
(3) Purpose.--The general objective of each assessment under
this subsection shall be to determine if the online application
under the pilot program helps participants in TAP to accomplish the
goals of TAP, accounting for the individual profiles of
participants, including military experience and geographic
location.
(e) Briefing.--If the Secretaries carry out the pilot program, the
Secretary of Defense shall provide to the Committees on Armed Services
of the Senate and House of Representatives a briefing on findings
regarding the pilot program, including any recommendations for
legislation.
(f) Definitions.--In this section:
(1) The term ``mobile application'' means a software program
that runs on the operating system of a mobile device.
(2) The term ``mobile device'' means a smartphone, tablet
computer, or similar portable computing device that transmits data
over a wireless connection.
Subtitle H--Military Family Readiness and Dependents' Education
SEC. 571. AUTHORIZING MEMBERS TO TAKE LEAVE FOR A BIRTH OR ADOPTION
IN MORE THAN ONE INCREMENT.
Paragraph (5) of section 701(i) of title 10, United States Code, is
amended--
(1) by striking ``only in one increment'' and inserting ``in
more than one increment''; and
(2) by inserting ``in accordance with regulations prescribed by
the Secretary concerned'' before the period.
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 be deployed during the period of 12 months beginning on the
date of such birth only with the approval of a health care provider
employed at a military medical treatment facility and--
``(1) at the election of such member; or
``(2) in the interest of national security, as determined by
the Secretary of Defense.''.
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 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. MILITARY FUNERAL HONORS MATTERS.
(a) Full Military Honors Ceremony for Certain Veterans.--Section
1491(b) of title 10, United States Code, is amended by adding at the
end the following:
``(3) The Secretary concerned shall provide full military honors
(as determined by the Secretary concerned) for the funeral of a veteran
who--
``(A) is first interred or first inurned in Arlington National
Cemetery on or after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2020;
``(B) was awarded the medal of honor or the prisoner-of-war
medal; and
``(C) is not entitled to full military honors by the grade of
that veteran.''.
(b) Full Military Funeral Honors for Veterans at Military
Installations.--
(1) Installation plans for honors required.--The commander of
each military installation at or through which a funeral honors
detail for a veteran is provided pursuant to section 1491 of title
10, United States Code (as amended by subsection (a)), shall
maintain and carry out a plan for the provision, upon request, of
full military funeral honors at funerals of veterans for whom a
funeral honors detail is authorized in that section.
(2) Elements.--Each plan of an installation under paragraph (1)
shall include the following:
(A) Mechanisms to ensure compliance with the requirements
applicable to the composition of funeral honors details in
section 1491(b) of title 10, United States Code (as so
amended).
(B) Mechanisms to ensure compliance with the requirements
for ceremonies for funerals in section 1491(c) of such title.
(C) In addition to the ceremonies required pursuant to
subparagraph (B), the provision of a gun salute, if otherwise
authorized, for each funeral by appropriate personnel,
including personnel of the installation, members of the reserve
components of the Armed Forces residing in the vicinity of the
installation who are ordered to funeral honors duty, or members
of veterans organizations or other organizations referred to in
section 1491(b)(2) of such title.
(D) Mechanisms for the provision of support authorized by
section 1491(d) of such title.
(E) Such other mechanisms and activities as the Secretary
concerned considers appropriate in order to assure that full
military funeral honors are provided upon request at funerals
of veterans.
(3) Definitions.--In this subsection:
(A) The term ``Secretary concerned'' has the meaning given
that term in section 101(a)(9) of title 10, United States Code.
(B) The term ``veteran'' has the meaning given that term in
section 1491(h) of title 10, United States Code.
SEC. 575. IMPROVEMENT OF OCCUPATIONAL LICENSE PORTABILITY FOR
RELOCATED SPOUSES OF MEMBERS OF THE UNIFORMED SERVICES.
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 shall seek to 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 on assistance per compact.--The amount
provided under paragraph (1) as assistance for the development of
any particular interstate compact may not exceed $1,000,000.
``(3) Limitation on total amount of assistance.--The total
amount of assistance provided under paragraph (1) in any fiscal
year may not exceed $4,000,000.
``(4) 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.
``(5) 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, expire on
September 30, 2024.''.
SEC. 576. 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. 577. MODIFICATION TO AUTHORITY TO REIMBURSE FOR STATE
LICENSURE AND CERTIFICATION COSTS OF A SPOUSE OF A SERVICEMEMBER
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. 578. 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. 579. 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. 580. IMPROVEMENTS TO CHILD CARE FOR MEMBERS OF THE ARMED
FORCES.
(a) Clarifying Technical Amendment to Direct Hire Authority of the
Department of Defense for Child Care Services Providers for Department
Child Development Centers.--Section 559(e) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C.
1792 note) is amended by inserting ``(including family childcare
coordinator services and school age childcare coordinator services)''
after ``childcare services''.
(b) 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. 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.--Not 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.
(c) Reduction in Wait Lists for Child Care at Military
Installations.--
(1) Remedial action.--The Secretary of Defense shall take steps
the Secretary determines necessary to reduce the waiting lists for
child care at military installations to ensure that members of the
Armed Forces have meaningful access to child care during tours of
duty.
(2) 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) action taken under paragraph (1); and
(B) any additional resources (including additional funding
for and child care facilities and workers) the Secretary
determines necessary to increase access described in paragraph
(1).
(d) GAO Review.--The Comptroller General of the United States shall
conduct a review of the assessments, actions, and determinations of the
Secretary under subsections (b)(1) and (c). Not later than December 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 subsection.
(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. 580A. 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), as amended by section 573 of this Act, is further
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
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. 580B. MEETINGS OF OFFICIALS OF THE DEPARTMENT OF DEFENSE WITH
REPRESENTATIVE GROUPS OF 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
representative groups of 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 representative groups of 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 representative groups of 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. 580C. INFORMATION AND OPPORTUNITIES FOR REGISTRATION FOR VOTING
AND ABSENTEE BALLOT REQUESTS FOR MEMBERS OF THE ARMED FORCES UNDERGOING
DEPLOYMENT OVERSEAS.
(a) In General.--Not later than 45 days prior to a general election
for Federal office, a member of the Armed Forces shall, upon request,
be provided with the following:
(1) A Federal write-in absentee ballot prescribed pursuant to
section 103 of the Uniformed and Overseas Citizens Absentee Voting
Act (52 U.S.C. 20303), together with instructions on the
appropriate use of the ballot with respect to the State in which
the member is registered to vote.
(2) In the case of a member intending to vote in a State that
does not accept the Federal write-in absentee ballot as a
simultaneous application and acceptable ballot for Federal
elections, instructions on, and an opportunity to fill out, the
official post card form for absentee voter registration application
and absentee ballot application prescribed under section 101(b)(2)
of the Uniformed and Overseas Citizens Absentee Voting Act (52
U.S.C. 20301(b)(2)).
(b) Personnel Responsible of Discharge.--Ballots and instructions
pursuant to paragraph (1) of subsection (a), and briefings and forms
pursuant to paragraph (2) of such subsection, shall be provided by
Voting Assistance Officers or such other personnel as the Secretary of
the military department concerned shall designate.
SEC. 580D. STUDY ON TWO-WAY MILITARY BALLOT BARCODE TRACKING.
(a) Study.--The Director of the Federal Voting Assistance Program
of the Department of Defense shall conduct a study on the feasibility
of a pilot program providing full ballot tracking of overseas military
absentee ballots through the mail stream in a manner that is similar to
the 2016 Military Ballot Tracking Pilot Program conducted by the
Federal Voting Assistance Program.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Director shall submit to Congress a report
on the results of the study conducted under subsection (a). The report
shall include--
(1) an estimate of the costs and requirements needed to conduct
the pilot program described in subsection (a);
(2) a description of the organizations that would provide
substantial support for the pilot program;
(3) a time line for the phased implementation of the pilot
program to all military personnel actively serving overseas;
(4) a method to determine under the pilot program if a ballot
was counted, and a way to provide such information to the member of
the Armed Forces casting the vote; and
(5) a description of the efforts being undertaken to ensure a
reliable and secure military ballot tracking system.
SEC. 580E. ASSISTANCE TO SCHOOLS WITH MILITARY DEPENDENT STUDENTS.
(a) Impact Aid for Children With Severe Disabilities.--
(1) In general.--Of the amount authorized to be appropriated
for fiscal year 2020 by section 301 and available for operation and
maintenance for Defense-wide activities as specified in the funding
table in section 4301, $10,000,000 shall be available for payments
under section 363 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (Public Law 106-398; 20
U.S.C. 7703a).
(2) Use of certain amount.--Of the amount available under
paragraph (1) for payments as described in that paragraph,
$5,000,000 shall be available for such payments to local
educational agencies determined by the Secretary of Defense, in the
discretion of the Secretary, to have higher concentrations of
military children with severe disabilities.
(b) Assistance to Schools With Significant Numbers of Military
Dependent Students.--Of the amount authorized to be appropriated for
fiscal year 2020 by section 301 and available for operation and
maintenance for Defense-wide activities as specified in the funding
table in section 4301, $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).
(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. 580F. FIRST EXPANSION OF THE MY CAREER ADVANCEMENT ACCOUNT PROGRAM
FOR MILITARY SPOUSES.
The Secretary of Defense shall modify the My Career Advancement
Account program of the Department of Defense to ensure that military
spouses participating in the program may receive financial assistance
for the pursuit of a license, certification, or Associate's degree in
any career field or occupation.
SEC. 580G. SECOND EXPANSION OF THE MY CAREER ADVANCEMENT ACCOUNT
PROGRAM FOR MILITARY SPOUSES.
The spouse of a member of the Coast Guard may participate in the My
Career Advancement Account program of the Department of Defense if the
Coast Guard reimburses the Department of Defense.
SEC. 580H. REPORT ON TRAINING AND SUPPORT AVAILABLE TO MILITARY
SPOUSES.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for Personnel and
Readiness shall submit to the committees on Armed Services of the
Senate and the House of Representatives a report that includes a
description of the following:
(1) Financial literacy programs currently designed specifically
for military spouses.
(2) Efforts to evaluate the effectiveness of financial literacy
programs.
(b) Public Availability.--The report submitted under subsection (a)
shall be made available on a publicly accessible website of the
Department of Defense.
SEC. 580I. RI'KATAK GUEST STUDENT PROGRAM AT UNITED STATES ARMY
GARRISON-KWAJALEIN ATOLL.
(a) Program Authorized.--The Secretary of the Army may conduct an
assistance program to educate up to five local national students per
grade, per academic year, on a space-available basis at the contractor-
operated schools on United States Army GarrisonUKwajalein Atoll. The
program shall be known as the ``Ri'katak Guest Student Program''.
(b) Student Assistance.--Assistance that may be provided to
students participating in the program carried out pursuant to
subsection (a) includes the following:
(1) Classroom instruction.
(2) Extracurricular activities.
(3) Student meals.
(4) Transportation.
Subtitle I--Decorations and Awards
SEC. 581. MODIFICATION OF AUTHORITIES ON ELIGIBILITY FOR AND
REPLACEMENT OF GOLD STAR LAPEL BUTTONS.
(a) Expansion of Authority To Determine Next of Kin for Issuance.--
Section 1126 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``widows, parents, and'' in
the matter preceding paragraph (1);
(2) in subsection (b), by striking ``the widow and to each
parent and'' and inserting ``each''; and
(3) in subsection (d)--
(A) by striking paragraphs (1), (2), (3), and (4) and
inserting the following new paragraph (1):
``(1) The term `next of kin' means individuals standing in such
relationship to members of the armed forces described in subsection
(a) as the Secretaries concerned shall jointly specify in
regulations for purposes of this section.''; and
(B) by redesignating paragraphs (5), (6), (7), and (8) as
paragraphs (2), (3), (4), and (5), respectively.
(b) Replacement.--Subsection (c) of such section is amended by
striking ``and payment'' and all that follows and inserting ``and
without cost.''.
SEC. 582. STANDARDIZATION OF HONORABLE SERVICE REQUIREMENT FOR
AWARD OF MILITARY DECORATIONS.
(a) Honorable Service Requirement.--
(1) In general.--Chapter 57 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1136. Honorable service requirement for award of military
decorations
``No military decoration, including a medal, cross, or bar, or an
associated emblem or insignia, may be awarded or presented to any
person, or to a representative of the person, if the service of the
person after the person distinguished himself or herself has not been
honorable.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 57 of such title is amended by adding at the end the
following:
``1136. Honorable service requirement for award of military
decorations.''.
(b) Conforming Amendments.--Title 10, United States Code, is
further amended as follows:
(1) In section 7274--
(A) in subsection (b), in the matter preceding paragraph
(1), by striking ``subsection (d)'' and inserting ``subsection
(c)'';
(B) by striking subsection (c); and
(C) by redesignating subsection (d) as subsection (c).
(2)(A) Section 8299 is repealed.
(B) The table of sections at the beginning of chapter 837 is
amended by striking the item relating to section 8299.
(3) In section 9274--
(A) in subsection (b), in the matter preceding paragraph
(1), by striking ``subsection (d)'' and inserting ``subsection
(c)'';
(B) by striking subsection (c); and
(C) by redesignating subsection (d) as subsection (c).
(4) In section 9279, by striking subsection (c).
SEC. 583. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO JOHN J.
DUFFY FOR ACTS OF VALOR IN VIETNAM.
(a) Waiver of Time Limitations.--Notwithstanding the time
limitations specified in section 7274 of title 10, United States Code,
or any other time limitation with respect to the awarding of certain
medals to persons who served in the Armed Forces, the President may
award the Medal of Honor under section 7271 of such title to John J.
Duffy for the acts of valor in Vietnam described in subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to in
subsection (a) are the actions of John J. Duffy on April 14 and 15,
1972, in Vietnam for which he was previously awarded the Distinguished-
Service Cross.
SEC. 584. REVIEW OF WORLD WAR I VALOR MEDALS.
(a) Review Required.--Each Secretary concerned shall review the
service records of World War I veterans described in subsection (b)
under the jurisdiction of such Secretary in order to determine whether
any 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 may be reviewed under subsection (a) are the following:
(1) African American war veterans, Asian American war veterans,
Hispanic American war veterans, Jewish American war veterans, and
Native American war veterans who were awarded the Distinguished
Service Cross or the Navy Cross for an action that occurred between
April 6, 1917, and November 11, 1918.
(2) African American war veterans, Asian American war veterans,
Hispanic American war veterans, Jewish American war veterans, and
Native American war veterans who were 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) African American war veterans, Asian American war veterans,
Hispanic American war veterans, Jewish American war veterans, and
Native American war veterans who were recommended for a Medal of
Honor for actions that occurred from April 6, 1917, to November 11,
1918, if the Department of Defense possesses or receives records
relating to such recommendation.
(c) 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.
(d) 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 (c).
(e) Waiver of Time Limitations.--An award of the Medal of Honor may
be made under subsection (d) 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.
(f) Deadline.--The review under subsection (a) shall terminate not
later than five years after the date of the enactment of this Act.
(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
for purposes of this section.
Subtitle J--Miscellaneous Reports and Other Matters
SEC. 591. CLARIFICATION OF THE TERM ``ASSAULT'' FOR PURPOSES OF
WORKPLACE AND GENDER RELATIONS SURVEYS.
(a) Surveys of Members of the Armed Forces.--Section 481 of title
10, United States Code, is amended by inserting ``(including unwanted
sexual contact)'' after ``assault'' each place it appears.
(b) Surveys of Civilian Employees of the Department of Defense.--
Section 481a of title 10, United States Code, is amended by inserting
``(including unwanted sexual contact)'' after ``assault'' each place it
appears.
(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. 592. INCLUSION OF CERTAIN VETERANS ON TEMPORARY DISABILITY OR
PERMANENT DISABLED RETIREMENT LISTS IN MILITARY ADAPTIVE SPORTS
PROGRAMS.
(a) Inclusion of Certain Veterans.--Subsection (a)(1) of section
2564a of title 10, United States Code, is amended by striking ``for
members of the armed forces who'' and all that follows through the
period at the end and inserting the following: ``for--
``(A) any member of the armed forces who is eligible to
participate in adaptive sports because of an injury, illness,
or wound incurred in the line of duty in the armed forces; and
``(B) any veteran (as defined in section 101 of title 38),
during the one-year period following the veteran's date of
separation, who--
``(i) is on the Temporary Disability Retirement List or
Permanently Disabled Retirement List;
``(ii) is eligible to participate in adaptive sports
because of an injury, illness, or wound incurred in the
line of duty in the armed forces; and
``(iii) was enrolled in the program authorized under
this section prior to the veteran's date of separation.''.
(b) Conforming Amendment.--Subsection (b) of such section is
amended by inserting ``and veterans'' after ``members''.
(c) Clerical Amendments.--
(1) Heading amendment.--The heading of such section is amended
to read as follows:
``Sec. 2564a. Provision of assistance for adaptive sports programs:
members of the armed forces; certain veterans''.
(2) Table of section.--The table of sections at the beginning
of chapter 152 of such title is amended by striking the item
relating to section 2564a and inserting the following new item:
``2564a. Provision of assistance for adaptive sports programs: members
of the armed forces; certain veterans.''.
SEC. 593. QUESTIONS IN SURVEYS REGARDING EXTREMIST ACTIVITY IN THE
WORKPLACE.
The Secretary of Defense shall include in appropriate surveys
administered by the Department of Defense questions regarding whether
respondents have ever--
(1) experienced or witnessed extremist activity in the
workplace; or
(2) reported such activity.
SEC. 594. STUDY ON BEST PRACTICES FOR PROVIDING FINANCIAL LITERACY
EDUCATION FOR SEPARATING MEMBERS OF THE ARMED FORCES.
(a) Study Required.--The Secretary of Defense, and with respect to
members of the Coast Guard, in coordination with the Secretary of the
Department in which the Coast Guard is operating when it is not
operating as a service in the Navy, shall conduct a study on the best
practices to provide financial literacy education for separating
members of the Armed Forces.
(b) Elements.--The study required by subsection (a) shall include--
(1) an examination, recommendations, and reporting on best
practices for providing financial literacy education to separating
members of the Armed Forces; and
(2) detailed current financial literacy programs for separating
members of the Armed Forces.
(c) Consultation.--In conducting the study required by subsection
(a), the Secretaries shall consult with the Financial Literacy and
Education Commission of the Department of the Treasury.
(d) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
committees on Armed Services of the Senate and the House of
Representatives a report on the study under subsection (a).
(e) Financial Literacy Defined.--In this section, the term
``financial literacy'' means education regarding personal finance
including the insurance, credit, loan, banking, career training and
education benefits available to veterans.
SEC. 595. REPORT ON OVERSIGHT OF AUTHORIZED STRENGTHS OF CERTAIN
GRADES OF COMMISSIONED REGULAR AND RESERVE OFFICERS OF THE ARMED
FORCES.
(a) Report Required.--Not later than April 1, 2020, the Secretary
of Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on oversight of the
authorized strengths of commissioned regular officers of the Armed
Forces and commissioned reserve officers of the Armed Forces in the
grades as follows:
(1) The grades of major, lieutenant colonel, and colonel in the
Army, the Air Force, and the Marine Corps.
(2) The grades of lieutenant commander, commander, and captain
in the Navy.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) Such recommendations as the Secretary considers appropriate
on mechanisms to improve Department of Defense oversight, and
oversight by Congress, of the authorized strengths of commissioned
officers in the grades specified in subsection (a), including the
following:
(A) An analysis of the history of each military department
in complying with the authorized strengths and strengths in
grade specified in sections 523 and 12005 of title 10, United
States Code, including a description of--
(i) the number of officers in each grade and Armed
Force concerned as of the end of each fiscal year between
fiscal year 2010 and fiscal year 2019; and
(ii) the number of officers authorized for such grade
and Armed Force as of the end of such fiscal year under the
applicable section.
(B) An assessment of the feasibility and advisability of
submitting to Congress each year a request for an authorization
for officers serving in the grades currently covered by the
tables in section 523 of title 10, United States Code.
(C) An assessment of the feasibility and advisability of
submitting to Congress each year a proposal for legislation to
update the tables in such section.
(D) An assessment of the advisability of converting the
authorization for end strengths for regular officers in the
grades specified in subsection (a) to a percentage-based
approach like that currently utilized for reserve officers in
section 12005 of title 10, United States Code.
(2) Such other recommendations as the Secretary considers
appropriate to improve the effectiveness of the oversight by
Congress of the number of commissioned regular and reserve officers
of the Armed Forces in the grades specified in subsection (a).
SEC. 596. REPORT ON CERTAIN WAIVERS.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, and annually thereafter during the two
subsequent calendar years, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate a report identifying, with respect to the reporting period for
such report, and disaggregated by Armed Force, the following:
(1) Accession and commission.--
(A) The number of individuals who were processed by a
Secretary of a military department for a medical accession or
commissioning qualification determination on or after April 12,
2019.
(B) Of the individuals described in subparagraph (A), the
number of such individuals who were found medically
disqualified pursuant to the standards established in DTM-19-
004 regarding enlistment in or commission as an officer of an
Armed Force under the jurisdiction of the Secretary of a
military department.
(C) Of the individuals described in subparagraph (A), the
number of such individuals--
(i) described in section I.b.(1), 1.b(2), 1.b(3), or
II.b.(1) of attachment 3 to DTM-19-004; and
(ii) who did not require a waiver or exception to
standards described in subparagraph (B).
(D) Of the individuals described in subparagraph (C), the
number of such individuals who enlisted or were commissioned.
(E) Of the individuals described in subparagraph (B), the
number of such individuals who were considered for a waiver or
exception to standards described in subparagraph (B).
(F) Of the individuals described in subparagraph (E), the
number of such individuals who were denied such a waiver or
exception.
(G) Of the individuals described in subparagraph (E), the
number of such individuals who received such a waiver or
exception.
(H) Of the individuals described in subparagraph (G), the
number of such individuals who enlisted or were commissioned.
(2) Retention.--
(A) The number of members of each Armed Force under the
jurisdiction of the Secretary of a military department who
received a diagnosis of gender dysphoria on or after April 12,
2019.
(B) Of the members described in subparagraph (A), the
number of members who were--
(i) referred to the Disability Evaluation System; or
(ii) subject to processing for administrative
separation based on conditions and circumstances not
constituting a physical disability that interfered with
assignment to or performance of duty.
(C) Of the members described in subparagraph (A), the
number of members who were subsequently considered for a waiver
or exception to standards established in DTM-19-004 to permit
those members to serve in other than the biological sex of each
such member.
(D) Of the members described in subparagraph (C), the
number of members who were granted such a waiver or exception.
(E) Of the members described in subparagraph (C), the
number of members who were denied such a waiver or exception.
(F) Of the members described in subparagraph (E), the
number of members who were discharged because of such denial,
aggregated by characterization of discharge.
(b) Protection of Certain Information.--No report submitted under
this section may contain any personally identifiable information or
protected health information of any individual.
(c) Definitions.--In this section:
(1) The term ``DTM-19-004'' means the memorandum--
(A) issued by the Office of the Deputy Secretary of
Defense;
(B) dated March 12, 2019; and
(C) with the subject heading ``Directive-type Memorandum
(DTM)-19-004-Military Service by Transgender Persons and
Persons with Gender Dysphoria''.
(2) The terms ``exempt individuals'' and ``nonexempt
individuals'' have the meanings given those terms in attachment 3
to DTM-19-004.
(3) The term ``reporting period'' means, with respect to a
report submitted under subsection (a), the calendar year most
recently completed before the date on which such report is to be
submitted.
SEC. 597. NOTIFICATIONS ON MANNING OF AFLOAT NAVAL FORCES.
(a) In General.--The Secretary of the Navy shall notify the
congressional defense committees, in writing, not later than 30 days
after the end of each fiscal year quarter, of each covered ship (if
any) that met either condition as follows:
(1) The manning fit for such ship was less than 87 percent for
more than 14 days during such fiscal year quarter.
(2) The manning fill for such ship was less than 90 percent for
more than 14 days during such fiscal year quarter.
(b) Elements.--The notification required by subsection (a) shall
include, with respect to a covered ship, the following:
(1) The name and hull number of the ship.
(2) The homeport location of the ship.
(3) The current manning fit and fill of the ship.
(4) If the lowest level of manning fit or manning fill for the
ship occurred during the fiscal year quarter concerned, the level
concerned and the date on which such level occurred.
(5) If the lowest level of manning fit or manning fill for the
ship is projected to occur after the fiscal year quarter concerned,
the projected level and the date on which such level is projected
to occur.
(6) If not achieved as of the date of the notification the
projected date on which the Navy will achieve a manning fit and
fill at least 87 percent and 90 percent, respectively, for the
ship.
(7) If not achieved as of the date of the notification, the
projected date on which the Navy will achieve a manning fit and
fill of at least 92 percent and 95 percent, respectively, for the
ship.
(8) A description of the reasons the Navy has not achieved, or
will not achieve, as applicable, manning fit and fill of at least
87 percent and 90 percent, respectively, for the ship, including a
detailed description of the specific ratings or skillset areas that
must be manned to achieve those percentages.
(9) A description of corrective actions the Navy is taking to
improve manning fit or manning fill on the ship.
(c) Special Rule.--For purposes of determining whether a percentage
of manning fit or manning fill has been achieved, a sailor in a more
senior paygrade may count as filling the billet of a more junior
paygrade, but a sailor in a more junior paygrade may not count as
filling the billet of a more senior paygrade.
(d) Definitions.--In this section:
(1) Manning fit.--The term ``manning fit'', in the case of a
ship, means the skills (rating), specialty skills (Navy Enlisted
Classifications), and experience (paygrade) for the ship when
compared with the ship manpower document requirement and billets
authorized for such skills and experience.
(2) Manning fill.--The term ``manning fill'', in the case of a
ship, means the total number of military personnel assigned to the
ship by rating when compared with the ship manpower document
requirement and billets authorized for the ship by rating.
(3) Covered ship.--The term ``covered ship'' means a
commissioned battle force ship that is included in the battle force
count of the Naval Vessel Register.
(e) Sunset.--The requirement to submit notifications under
subsection (a) with respect to fiscal year quarters shall cease
beginning with fiscal year quarters in fiscal year 2025.
(f) Repeal of Superseded Requirements.--Section 525 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 132 Stat. 1757; 10 U.S.C. 8013 note) is repealed.
SEC. 598. REPORT REGARDING USE OF AERIAL SYSTEMS OF THE DEPARTMENT
OF DEFENSE TO SUPPORT AGENCIES OF STATES, TERRITORIES, AND THE
FEDERAL GOVERNMENT.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Chief of the National Guard Bureau, shall submit to the Committees
on Armed Services of the House of Representatives and the Senate a
report regarding the requirements, policies, and procedures governing
the use of manned and unmanned aerial systems of the Department of
Defense to support State and Federal agencies.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) A description of requirements for providing support to
State and Federal agencies that the Secretary considers appropriate
for planning, programming and budgeting resources.
(2) A description of manned and unmanned aerial systems that
the Secretary regularly provides to support State and Federal
agencies, including examples of support provided, and length of
time to approve requests.
(3) A list of requests for such aerial systems from State and
Federal agencies during fiscal year 2019 that the Secretary denied
and the reason each such request was disapproved.
(4) An overview of current policies and procedures governing
the use of such aerial systems by States and Federal agencies,
including--
(A) procedures a State or Federal agency must follow to
obtain use of such aerial systems for natural disasters and
search and rescue operations;
(B) the typical amount of time needed to process such
requests, and whether such procedures can be streamlined; and
(C) to what extent different policies and procedures apply
to unmanned aerial systems versus manned aerial systems.
(5) A description of the different categories of unmanned
aerial systems of the Department of Defense, how such categories
are managed, and whether the criteria for such categories affect
the ability of the Secretary to use unmanned aerial systems to
support State or Federal agencies.
(6) An explanation of any restrictions on the use of such
unmanned aerial systems under--
(A) the ``Guidance for the Domestic Use of Unmanned
Aircraft Systems in U.S. National Airspace'', dated August 18,
2018;
(B) Department of Defense Instruction 3025.18 ``Defense
Support to Civil Authorities''; and
(C) other relevant guidance of the Department of Defense.
(7) Whether restrictions described in paragraph (6) apply
differently to regular members of the Armed Forces serving on
active duty and to members of the National Guard.
(8) Whether members of the National Guard may operate the
different categories of such unmanned aerial systems when operating
under section 502(f) of title 32, United States Code.
(9) An analysis of how the Secretary may improve access to and
knowledge of States and Federal agencies regarding the availability
of such unmanned aerial systems and related request procedures.
(10) Whether--
(A) the Secretary has been unable to provide an unmanned
aerial system to support to a State agency at the request of
such State agency; and
(B) the Secretary has plans to make more unmanned aerial
systems available to fulfil such requests.
(11) Any other matters the Secretary determines appropriate.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(d) State Defined.--In this section, the term ``State'' has the
meaning given that term in section 901 of title 32, United States Code.
SEC. 599. INFORMATION FOR MEMBERS OF THE ARMED FORCES ON
AVAILABILITY OF SERVICES OF THE DEPARTMENT OF VETERANS AFFAIRS
RELATING TO SEXUAL TRAUMA.
(a) In General.--The Secretary of Defense shall inform members of
the Armed Forces, using mechanisms available to the Secretary, of the
eligibility of such members for services of the Department of Veterans
Affairs relating to sexual trauma.
(b) Information From Sexual Assault Response Coordinators.--The
Secretary of Defense shall ensure--
(1) that Sexual Assault Response Coordinators and uniformed
victims advocates of the Department of Defense advise members of
the Armed Forces who report instances of sexual trauma regarding
the eligibility of such members for services at the Department of
Veterans Affairs; and
(2) that such information is included in mandatory training
materials.
(c) Sexual Trauma Defined.--In this section, the term ``sexual
trauma'' means psychological trauma described in section 1720D(a)(1) of
title 38, United States Code.
SEC. 599A. AUTHORITY TO ISSUE AN HONORARY PROMOTION TO COLONEL CHARLES
E. MCGEE, UNITED STATES AIR FORCE (RET.), TO THE GRADE OF BRIGADIER
GENERAL.
(a) In General.--Pursuant to section 1563 of title 10, United
States Code, the President may issue to Colonel Charles E. McGee,
United States Air Force (retired), a distinguished Tuskegee Airman, an
honorary promotion to the grade of brigadier general.
(b) Additional Benefits Not to Accrue.--The advancement of Charles
E. McGee on the retired list of the Air Force under subsection (a)
shall not affect the retired pay or other benefits from the United
States to which Charles E. McGee is entitled based upon his military
service, or affect any benefits to which any other person is or may
become entitled based on such military service.
SEC. 599B. AUTHORITY TO ISSUE AN HONORARY AND POSTHUMOUS PROMOTION TO
LIEUTENANT COLONEL RICHARD COLE, UNITED STATES AIR FORCE (RET.), TO THE
GRADE OF COLONEL.
(a) In General.--Pursuant to section 1563 of title 10, United
States Code, the President may issue to Lieutenant Colonel Richard E.
Cole, United States Air Force (retired), an honorary and posthumous
promotion to the grade of colonel.
(b) Additional Benefits Not to Accrue.--The advancement of Richard
E. Cole on the retired list of the Air Force under subsection (a) shall
not affect the retired pay or other benefits from the United States to
which Richard E. Cole would have been entitled based upon his military
service, or affect any benefits to which any other person is or may
become entitled based on such military service.
SEC. 599C. SENSE OF CONGRESS ON THE HONORABLE AND DISTINGUISHED SERVICE
OF GENERAL JOSEPH F. DUNFORD, UNITED STATES MARINE CORPS, TO THE UNITED
STATES.
It is the sense of Congress that--
(1) the United States deeply appreciates the decades of
honorable service of General Joseph F. Dunford, United States
Marine Corps; and
(2) the indispensable leadership of General Dunford and his
dedication to the men and women of the Armed Forces demonstrates
the finest example of service to the United States.
TITLE VI--MILITARY COMPENSATION
Subtitle A--Pay and Allowances
Sec. 601. Clarification of continuation of pays during hospitalization
and rehabilitation resulting from wounds, injury, or illness
incurred while on duty in a hostile fire area or exposed to an
event of hostile fire or other hostile action.
Sec. 602. Continued entitlements while a member of the Armed Forces
participates in a career intermission program.
Sec. 603. Exemption from repayment of voluntary separation pay.
Sec. 604. Consideration of service on active duty to reduce age of
eligibility for retired pay for non-regular service.
Sec. 605. Temporary adjustment of rates of basic allowance for housing
following determination that local civilian housing costs
significantly differ from such rates.
Sec. 606. Reinvestment of travel refunds by the Department of Defense.
Sec. 607. Addition of partial dislocation allowance to allowable travel
and transportation expenses for servicemembers.
Sec. 608. Reductions on account of earnings from work performed while
entitled to an annuity supplement.
Sec. 609. Increase in basic pay.
Subtitle B--Bonuses and Special Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay
authorities.
Subtitle C--Family and Survivor Benefits
Sec. 621. Expansion of eligibility for exceptional transitional
compensation for dependents to dependents of current members.
Sec. 622. Phase-out of reduction of Survivor Benefit Plan survivor
annuities by amount of dependency and indemnity compensation.
Sec. 623. Death gratuity for ROTC graduates.
Sec. 624. 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 combat in the line of duty.
Sec. 625. Casualty assistance for survivors of deceased ROTC graduates.
Subtitle D--Defense Resale Matters
Sec. 631. Defense resale system matters.
Sec. 632. Procurement by commissary stores of certain locally sourced
products.
Sec. 633. GAO review of defense resale optimization study.
Subtitle E--Morale, Welfare, and Recreation Privileges
Sec. 641. Extension of certain morale, welfare, and recreation
privileges to Foreign Service officers on mandatory home
leave.
Sec. 642. Extension of pilot program on a Government lodging program.
Subtitle F--Reports and Other Matters
Sec. 651. Annual reports on approval of employment or compensation of
retired general or flag officers by foreign governments for
emoluments clause purposes.
Sec. 652. Report regarding transition from overseas housing allowance to
basic allowance for housing for servicemembers in the
territories.
Sec. 653. Report on extension to members of the reserve components of
the Armed Forces of special and incentive pays for members of
the Armed Forces not currently payable to members of the
reserve components.
Sec. 654. Study regarding recoupment of separation pay, special
separation benefits, and voluntary separation incentive
payments from members of the Armed Forces and veterans who
receive disability compensation under laws administered by the
Secretary of Veterans Affairs.
Sec. 655. Report on implementation of contributions to the Department of
Defense Military Retirement Fund based on pay costs per Armed
Force rather than on Armed Forces-wide basis.
Sec. 656. Report on food insecurity among members of the Armed Forces
and their dependents.
Subtitle A--Pay and Allowances
SEC. 601. CLARIFICATION OF CONTINUATION OF PAYS DURING
HOSPITALIZATION AND REHABILITATION RESULTING FROM WOUNDS, INJURY,
OR ILLNESS INCURRED WHILE ON DUTY IN A HOSTILE FIRE AREA OR
EXPOSED TO AN EVENT OF HOSTILE FIRE OR OTHER HOSTILE ACTION.
Section 372(b)(1) of title 37, United States Code, is amended to
read as follows:
``(1) The date on which the member is returned for assignment
to other than a medical or patient unit for duty; however, in the
case of a member under the jurisdiction of a Secretary of a
military department, the date on which the member is determined fit
for duty.''.
SEC. 602. CONTINUED ENTITLEMENTS WHILE A MEMBER OF THE ARMED FORCES
PARTICIPATES IN A CAREER INTERMISSION PROGRAM.
Section 710(h) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (2), by striking the period and inserting a
semicolon; and
(3) by adding at the end the following new paragraphs:
``(3) the entitlement of the member and of the survivors of the
member to all death benefits under the provisions of chapter 75 of
this title;
``(4) the provision of all travel and transportation allowances
for the survivors of deceased members to attend burial ceremonies
under section 481f of title 37; and
``(5) the eligibility of the member for general benefits as
provided in part II of title 38.''.
SEC. 603. EXEMPTION FROM REPAYMENT OF VOLUNTARY SEPARATION PAY.
Section 1175a(j) of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``paragraphs (2) and (3)''
and inserting ``paragraphs (2), (3), and (4)'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) This subsection shall not apply to a member who--
``(A) is involuntarily recalled to active duty or full-time
National Guard duty; and
``(B) in the course of such duty, incurs a service-connected
disability rated as total under section 1155 of title 38.''.
SEC. 604. 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. 605. TEMPORARY ADJUSTMENT OF RATES OF BASIC ALLOWANCE FOR
HOUSING FOLLOWING DETERMINATION THAT LOCAL CIVILIAN HOUSING COSTS
SIGNIFICANTLY DIFFER FROM 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
adjustment 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
differs from the current BAH rates by more than 20 percent.
``(B) Any temporary adjustment 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 adjustment under this paragraph.
``(C) This paragraph shall cease to be effective on September 30,
2022.''.
SEC. 606. REINVESTMENT OF TRAVEL REFUNDS BY THE DEPARTMENT OF
DEFENSE.
(a) Refunds for Official Travel.--Subchapter I of chapter 8 of
title 37, United States Code, is amended by adding at the end the
following new section:
``Sec. 456. Managed travel program refunds
``(a) Credit of Refunds.--The Secretary of Defense may credit
refunds attributable to Department of Defense managed travel programs
as a direct result of official travel to such operation and maintenance
or research, development, test, and evaluation accounts of the
Department as designated by the Secretary that are available for
obligation for the fiscal year in which the refund or amount is
collected.
``(b) Use of Refunds.--Refunds credited under subsection (a) may
only be used for official travel or operations and efficiency
improvements for improved financial management of official travel.
``(c) Definitions.--In this section:
``(1) Managed travel program.--The term `managed travel
program' includes air, rental car, train, bus, dining, lodging, and
travel management, but does not include rebates or refunds
attributable to the use of the Government travel card, the
Government Purchase Card, or Government travel arranged by
Government Contracted Travel Management Centers.
``(2) Refund.--The term `refund' includes miscellaneous
receipts credited to the Department identified as a refund, rebate,
repayment, or other similar amounts collected.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 8 of such title is amended by inserting after the item relating
to section 455 the following new item:
``456. Managed travel program refunds.''.
(c) Clarification on Retention of Travel Promotional Items.--
Section 1116(a) of the National Defense Authorization Act for Fiscal
Year 2002 (Public Law 107-107; 5 U.S.C. 5702 note) is amended--
(1) by striking ``Definition.--In this section, the term'' and
inserting the following: ``Definitions.--In this section:
``(1) The term''; and
(2) by adding at the end the following new paragraph:
``(2) The term `general public' includes the Federal Government
or an agency.''.
SEC. 607. ADDITION OF PARTIAL DISLOCATION ALLOWANCE TO ALLOWABLE
TRAVEL AND TRANSPORTATION EXPENSES FOR SERVICEMEMBERS.
(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 partial dislocation allowance paid to a member ordered
to occupy or vacate housing provided by the United States.''.
SEC. 608. REDUCTIONS ON ACCOUNT OF EARNINGS FROM WORK PERFORMED
WHILE ENTITLED TO AN ANNUITY SUPPLEMENT.
Section 8421a(c) of title 5, United States Code, is amended--
(1) by striking ``full-time as an air traffic control
instructor'' and inserting ``as an air traffic control instructor,
or supervisor thereof,''; and
(2) by inserting ``or supervisor'' after ``an instructor''.
SEC. 609. INCREASE IN BASIC PAY.
Effective on January 1, 2020, the rates of monthly basic pay for
members of the uniformed services are increased by 3.1 percent.
Subtitle B--Bonuses and Special Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL
PAY AUTHORITIES.
(a) Authorities Relating To Reserve Forces.--Section 910(g) of
title 37, United States Code, relating to income replacement payments
for reserve component members experiencing extended and frequent
mobilization for active duty service, is amended by striking ``December
31, 2019'' and inserting ``December 31, 2020''.
(b) Title 10 Authorities Relating to Health Care Professionals.--
The following sections of title 10, United States Code, are amended by
striking ``December 31, 2019'' and inserting ``December 31, 2020'':
(1) Section 2130a(a)(1), relating to nurse officer candidate
accession program.
(2) Section 16302(d), relating to repayment of education loans
for certain health professionals who serve in the Selected Reserve.
(c) Authorities Relating to Nuclear Officers.--Section 333(i) of
title 37, United States Code, is amended by striking ``December 31,
2019'' and inserting ``December 31, 2020''.
(d) Authorities Relating to Title 37 Consolidated Special Pay,
Incentive Pay, and Bonus Authorities.--The following sections of title
37, United States Code, are amended by striking ``December 31, 2019''
and inserting ``December 31, 2020'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 334(i), relating to special aviation incentive pay
and bonus authorities for officers.
(4) Section 335(k), relating to special bonus and incentive pay
authorities for officers in health professions.
(5) Section 336(g), relating to contracting bonus for cadets
and midshipmen enrolled in the Senior Reserve Officers' Training
Corps.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special duty
pay.
(8) Section 353(i), relating to skill incentive pay or
proficiency bonus.
(9) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to high
priority units.
(e) Authority to Provide Temporary Increase in Rates of Basic
Allowance for Housing.--Section 403(b)(7)(E) of title 37, United States
Code, is amended by striking ``December 31, 2019'' and inserting
``December 31, 2020''.
Subtitle C--Family and Survivor Benefits
SEC. 621. EXPANSION OF ELIGIBILITY FOR EXCEPTIONAL TRANSITIONAL
COMPENSATION FOR DEPENDENTS TO DEPENDENTS OF CURRENT MEMBERS.
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;
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following new
paragraph (3):
``(3) For purposes of the provision of benefits under this section
pursuant to this subsection, a member shall be considered separated
from active duty upon the earliest of--
``(A) the date an administrative separation is initiated by a
commander of the member;
``(B) the date the court-martial sentence is adjudged if the
sentence, as adjudged, includes a dismissal, dishonorable
discharge, bad conduct discharge, or forfeiture of all pay and
allowances; or
``(C) the date the member's term of service expires.''.
SEC. 622. PHASE-OUT OF REDUCTION OF SURVIVOR BENEFIT PLAN SURVIVOR
ANNUITIES BY AMOUNT OF DEPENDENCY AND INDEMNITY COMPENSATION.
(a) Phase-out.--Subchapter II of chapter 73 of title 10, United
States Code, is amended as follows:
(1) In general.--In section 1450(c)(1)--
(A) by striking ``that the annuity otherwise payable under
this section would exceed that compensation.'' and inserting
``calculated as follows:''; and
(B) by adding at the end the following:
``(A) During the period beginning on January 1, 2020, and
ending on December 31, 2020, the amount that the annuity
otherwise payable under this section would exceed such
dependency and indemnity compensation.
``(B) During the period beginning on January 1, 2021, and
ending on December 31, 2021, the amount that the annuity
otherwise payable under this section would exceed two-thirds of
such dependency and indemnity compensation.
``(C) During the period beginning on January 1, 2022, and
ending on December 31, 2022, the amount that the annuity
otherwise payable under this section would exceed one-third of
such dependency and indemnity compensation.
``(D) On and after January 1, 2023, the full amount of the
annuity under this section.''.
(2) Conforming amendment.--In section 1451(c)(2), by inserting
``a portion (calculated under section 1450(c) of this title) of''
before ``the amount''.
(b) Prohibition on Retroactive Benefits.--No benefits may be paid
to any person for any period before the effective date provided under
subsection (f) by reason of the amendments made by subsection (a).
(c) Prohibition on Recoupment of Certain Amounts Previously
Refunded to SBP Recipients.--A surviving spouse who is or has been in
receipt of an annuity under the Survivor Benefit Plan under subchapter
II of chapter 73 of title 10, United States Code, that is in effect
before the effective date provided under subsection (f) and that is
adjusted by reason of the amendments made by subsection (a) and who has
received a refund of retired pay under section 1450(e) of title 10,
United States Code, shall not be required to repay such refund to the
United States.
(d) Repeal of Authority for Optional Annuity for Dependent
Children.--Section 1448(d)(2) of such title is amended--
(1) by striking ``Dependent children.--'' and all that follows
through ``In the case of a member described in paragraph (1),'' and
inserting ``Dependent children.--In the case of a member described
in paragraph (1),''; and
(2) by striking subparagraph (B).
(e) Restoration of Eligibility for Previously Eligible Spouses.--
The Secretary of the military department concerned shall restore
annuity eligibility to any eligible surviving spouse who, in
consultation with the Secretary, previously elected to transfer payment
of such annuity to a surviving child or children under the provisions
of section 1448(d)(2)(B) of title 10, United States Code, as in effect
on the day before the effective date provided under subsection (f).
Such eligibility shall be restored whether or not payment to such child
or children subsequently was terminated due to loss of dependent status
or death. For the purposes of this subsection, an eligible spouse
includes a spouse who was previously eligible for payment of such
annuity and is not remarried, or remarried after having attained age
55, or whose second or subsequent marriage has been terminated by
death, divorce or annulment.
(f) Effective Date.--This section and the amendments made by this
section shall take effect on the first day of the first month that
begins after the date of the enactment of this Act, except subsections
(d) and (e) of this section and the amendments made thereby shall take
effect on January 1, 2023.
SEC. 623. 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 received a commission but 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. 624. 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 COMBAT 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
combat-related incidents in the line of duty,'' after ``armed forces''.
SEC. 625. 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 receives a
commission and who dies before receiving a first duty assignment
shall be treated as a member of the Armed Forces who dies while on
active duty.
``(2) Effective date.--This subsection applies to deaths on or
after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2020.''.
Subtitle D--Defense Resale Matters
SEC. 631. DEFENSE RESALE SYSTEM MATTERS.
(a) In General.--The Under Secretary of Defense for Personnel and
Readiness shall, in coordination with the Chief Management Officer of
the Department of Defense, maintain oversight of business
transformation efforts of the defense commissary system and the
exchange stores system in order to ensure the following:
(1) Development of an intercomponent business strategy that
maximizes efficiencies and results in a viable defense resale
system in the future.
(2) Preservation of patron savings and satisfaction from and in
the defense commissary system and exchange stores system.
(3) Sustainment of financial support of the defense commissary
and exchange systems for morale, welfare, and recreation (MWR)
services of the Armed Forces.
(b) Executive Resale Board Advice on Operations of Systems.--The
Executive Resale Board of the Department of Defense shall advise the
Under Secretary on the implementation of sustainable, complementary
operations of the defense commissary system and the exchange stores
system.
(c) Information Technology Modernization.--The Secretary of Defense
shall, acting through the Under Secretary and with advice from the
Executive Resale Board, require the Defense Commissary Agency and the
Military Exchange Service to do as follows:
(1) Field new technologies and best business practices for
information technology for the defense resale system.
(2) Implement cutting-edge marketing opportunities across the
defense resale system.
(d) Inclusion of Advertising in Operating Expenses of Commissary
Stores.--Section 2483(b) of title 10, United States Code, is amended by
adding at the end the following paragraph:
``(7) Advertising of commissary sales on materials available
within commissary stores and at other on-base locations.''.
SEC. 632. PROCUREMENT BY COMMISSARY STORES OF CERTAIN LOCALLY
SOURCED PRODUCTS.
The Secretary of Defense shall ensure that the dairy products and
fruits and vegetables procured for commissary stores under the defense
commissary system are, to the extent practicable and while maintaining
mandated patron savings, locally sourced in order to ensure the
availability of the freshest possible dairy products and fruits and
vegetables for patrons of the stores.
SEC. 633. 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) Reports Required; Elements.--Not later than March 1, 2020, and
June 1, 2020, the Comptroller General shall submit to the Committees on
Armed Services of the Senate and the House of Representatives an
interim report and a final report, respectively, regarding the review
performed under this section. Each 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 reports
required under this section.
Subtitle E--Morale, Welfare, and Recreation Privileges
SEC. 641. EXTENSION OF CERTAIN MORALE, WELFARE, AND RECREATION
PRIVILEGES TO FOREIGN SERVICE OFFICERS ON MANDATORY HOME LEAVE.
(a) In General.--Section 1065 of title 10, United States Code, as
added by section 621 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is
amended--
(1) in the heading, by striking ``veterans and caregivers for
veterans'' and inserting ``veterans, caregivers for veterans, and
Foreign Service officers'';
(2) by redesignating subsections (f) and (g) as subsections (g)
and (h), respectively;
(3) by inserting after subsection (e) the following new
subsection (f):
``(f) Eligibility of Foreign Service Officers on Mandatory Home
Leave.--A Foreign Service officer on mandatory home leave may be
permitted to use military lodging referred to in subsection (h).''; and
(4) in subsection (h), as redesignated by paragraph (2), by
adding at the end the following new paragraphs:
``(5) The term `Foreign Service officer' has the meaning given
that term in section 103 of the Foreign Service Act of 1980 (22
U.S.C. 3903).
``(6) The term `mandatory home leave' means leave under section
903 of the Foreign Service Act of 1980 (22 U.S.C. 4083).''.
(b) Effective Date.--The amendments made by this section shall take
effect on January 1, 2020, as if originally incorporated in section 621
of Public Law 115-232.
SEC. 642. EXTENSION OF PILOT PROGRAM ON A GOVERNMENT LODGING
PROGRAM.
Section 914(b) of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (5 U.S.C. 5911
note) is amended by striking ``December 31, 2019'' and inserting
``December 31, 2020''.
Subtitle F--Reports and Other Matters
SEC. 651. ANNUAL REPORTS ON APPROVAL OF EMPLOYMENT OR COMPENSATION
OF RETIRED GENERAL OR FLAG OFFICERS BY FOREIGN GOVERNMENTS FOR
EMOLUMENTS CLAUSE PURPOSES.
(a) Annual Reports.--Section 908 of title 37, United States Code is
amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Annual Reports on Approvals for Retired General and Flag
Officers.--Not later than January 31 each year, the Secretaries of the
military departments, after consulting with the Secretary of State,
shall jointly submit to the Committees on Armed Services of the Senate
and House of Representatives a report on each approval under subsection
(b) for employment or compensation described in subsection (a) for a
retired member of the armed forces in general or flag officer grade
that was issued during the preceding year.''.
(b) Scope of First Report.--The first report submitted pursuant to
subsection (c) of section 908 of title 37, United States Code (as
amended by subsection (a) of this section), after the date of the
enactment of this Act shall cover the five-year period ending with the
year before the year in which such report is submitted.
SEC. 652. REPORT REGARDING TRANSITION FROM OVERSEAS HOUSING
ALLOWANCE TO BASIC ALLOWANCE FOR HOUSING FOR SERVICEMEMBERS IN
THE TERRITORIES.
Not later than February 1, 2020, the Secretary of Defense shall
submit a report to the congressional defense committees regarding the
recommendation of the Secretary whether members of the uniformed
services located in the territories of the United States and who
receive the overseas housing allowance should instead receive the basic
allowance for housing to ensure the most appropriate housing
compensation for such members and their families.
SEC. 653. REPORT ON EXTENSION TO MEMBERS OF THE RESERVE COMPONENTS
OF THE ARMED FORCES OF SPECIAL AND INCENTIVE PAYS FOR MEMBERS OF
THE ARMED FORCES NOT CURRENTLY PAYABLE TO MEMBERS OF THE RESERVE
COMPONENTS.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report setting forth the results of
a study, conducted by the Secretary for purposes of the report, on the
feasability and advisability of paying eligible members of the reserve
components of the Armed Forces any special or incentive pay for members
of the Armed Forces that is not currently payable to members of the
reserve components.
(b) Elements.--The report required by subsection (a) shall set
forth the following:
(1) An estimate of the yearly cost of paying members of the
reserve components risk pay and flight pay under sections 334,
334a, and 351 of title 37, United States Code, at the same rate as
members on active duty, regardless of the number of periods of
instruction or appropriate duty participated in, so long as there
is at least one such period of instruction or appropriate duty in
the month.
(2) A statement of the number of members of the reserve
components who qualify or potentially qualify for hazardous duty
incentive pay based on current professions or required duties,
broken out by hazardous duty categories set forth in section 351 of
title 37, United States Code.
(3) If the Secretary determines that payment to eligible
members of the reserve components of any special or incentive pay
for members of the Armed Forces that is not currently payable to
members of the reserve components is feasible and advisable, such
recommendations as the Secretary considers appropriate for
legislative or administrative action to authorize such payment.
SEC. 654. STUDY REGARDING RECOUPMENT OF SEPARATION PAY, SPECIAL
SEPARATION BENEFITS, AND VOLUNTARY SEPARATION INCENTIVE PAYMENTS
FROM MEMBERS OF THE ARMED FORCES AND VETERANS WHO RECEIVE
DISABILITY COMPENSATION UNDER LAWS ADMINISTERED BY THE SECRETARY
OF VETERANS AFFAIRS.
(a) Study.--The Secretary of Defense, in consultation with the
Secretary of Veterans Affairs, shall conduct a study to determine, with
regards to members of the Armed Forces and veterans whose separation
pay, special separation benefits, and voluntary separation incentive
payments either Secretary recoups because such members and veterans
subsequently receive disability compensation under laws administered by
the Secretary of Veterans Affairs--
(1) how many such members and veterans are affected by such
recoupment; and
(2) the aggregated amount of additional money such members and
veterans would receive but for such recoupment.
(b) Report Required.--Not later than September 30, 2020, the
Secretary of Defense shall submit to the Committees on Armed Services
and Veterans' Affairs of the Senate and House of Representatives a
report regarding the results of the study under subsection (a).
SEC. 655. REPORT ON IMPLEMENTATION OF CONTRIBUTIONS TO THE
DEPARTMENT OF DEFENSE MILITARY RETIREMENT FUND BASED ON PAY COSTS
PER ARMED FORCE RATHER THAN ON ARMED FORCES-WIDE BASIS.
(a) Report Required.--
(1) In general.--Not later than April 1, 2020, the Secretary of
Defense shall, in consultation with the Secretaries of the military
departments, submit to the congressional defense committees a
report setting forth a plan for the implementation of the
amendments described in paragraph (2) as if such amendments would
apply with respect to determinations of contributions to the
Department of Defense Military Retirement Fund under chapter 74 of
title 10, United States Code, and payments into the Fund, beginning
with fiscal year 2025.
(2) Covered amendments.--The amendments described in this
paragraph are the amendments proposed to be made by section 631 of
S.1790 of the 116th Congress, as reported to the Senate by the
Committee on Armed Services of the Senate on June 11, 2019.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A plan to implement the amendments described in paragraph
(2) of subsection (a) in the manner described in paragraph (1) of
that subsection.
(2) A timeline for actions required to implement such
amendments in that manner.
(3) An assessment of the impact of the implementation of such
amendments in that manner on each of the following:
(A) The budgeting of the military departments.
(B) The efforts of the Department of Defense to achieve
audits of its financial statements.
(C) Decisions on military manning of the Armed Forces.
(D) The cost and complexity of tracking contributions to
the Department of Defense Military Retirement Fund.
SEC. 656. REPORT ON FOOD INSECURITY AMONG MEMBERS OF THE ARMED
FORCES AND THEIR DEPENDENTS.
(a) Report Required.--Not later than May 1, 2020, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report on food insecurity among
members of the Armed Forces and their dependents.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An assessment of the current extent of food insecurity
among members of the Armed Forces and their dependents, including a
description and analysis of the following:
(A) Use of food assistance by members and their dependents,
as revealed in data of the Department of Defense and other data
available to the Department.
(B) Use of free and reduced price school meals by
dependents.
(C) Use of food banks or similar assistance by members and
their dependents.
(2) A description and assessment of the barriers, if any, to
qualification for or access to adequate food assistance of any type
by members of the Armed Forces and their dependents.
(3) A description of the number of members of the Armed Forces
overseas who enrolled in the Family Supplemental Subsistence
Allowance (FSSA) program under section 402a of title 37, United
States Code, during the five-fiscal year period ending with fiscal
year 2019, and of the cost to the Department of such enrollment
during each fiscal year concerned.
(4) An assessment of the effectiveness of the Family
Supplemental Subsistence Allowance program for members of the Armed
Forces overseas.
(5) A description and assessment of the participation of
members of the Armed Forces in the Supplemental Nutrition
Assistance Program (SNAP), including with respect to the following:
(A) Coordination between the Department of Defense and the
Department of Agriculture for purposes of determining the
numbers of members currently participating in the program.
(B) Career stigma for members resulting from participation
in the program.
(C) Adverse consequences for member personal financial
management resulting from participation in the program.
(D) Other support available to and used by members to meet
basic needs requirements.
(6) An assessment of food insecurity among members of the Armed
Forces who reside in on-post housing (and thus do not receive basic
allowance for housing (BAH)) and their dependents, including
eligibility of such members for and participation of such members
in the Supplemental Nutrition Assistance Program.
(7) An assessment of the feasability and advisability of a
basic needs allowance for low-income members of the Armed Forces
(including an allowance calculated both with and without basic
allowance for housing included in the determination of member gross
household income), including with respect to the following:
(A) The maximum member gross household income for
eligibility for the allowance.
(B) The number of members who would be eligible for the
allowance.
(C) The optimal average annual amount of the allowance.
(D) The total annual cost of paying the allowance.
(E) Whether particular geographic locations would include
large number of members eligible for the allowance.
(F) The effects of payment of the allowance on recruitment
and retention of members, and on member morale and conduct.
(8) Any other recommendations for policies, programs, and
activities to address food insecurity among members of the Armed
Forces and their dependents that the Secretary considers
appropriate.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Modification of eligibility for TRICARE Reserve Select for
certain members of the Selected Reserve.
Sec. 702. TRICARE payment options for retirees and their dependents.
Sec. 703. Lead level screening and testing for children.
Sec. 704. Exposure to open burn pits and toxic airborne chemicals or
other airborne contaminants as part of periodic health
assessments and other physical examinations.
Sec. 705. Enhancement of recordkeeping with respect to exposure by
members of the Armed Forces to certain occupational and
environmental hazards while deployed overseas.
Sec. 706. Modifications to post-deployment mental health assessments for
members of the Armed Forces deployed in support of a
contingency operation.
Sec. 707. Provision of blood testing for firefighters of Department of
Defense to determine exposure to perfluoroalkyl and
polyfluoroalkyl substances.
Subtitle B--Health Care Administration
Sec. 711. Modification of organization of military health system.
Sec. 712. Support by military health system of medical requirements of
combatant commands.
Sec. 713. Requirements for certain prescription drug labels.
Sec. 714. Officers authorized to command Army dental units.
Sec. 715. Improvements to interagency program office of the Department
of Defense and the Department of Veterans Affairs.
Sec. 716. Expansion of strategy to improve acquisition of managed care
support contracts under TRICARE program.
Sec. 717. Inclusion of blast exposure history in medical records of
members of the Armed Forces.
Sec. 718. Comprehensive policy for provision of mental health care to
members of the Armed Forces.
Sec. 719. Limitation on the realignment or reduction of military medical
manning end strength.
Sec. 720. Strategy to recruit and retain mental health providers.
Sec. 721. Development of partnerships to improve combat casualty care
for personnel of the Armed Forces.
Sec. 722. Modification to referrals for mental health services.
Subtitle C--Reports and Other Matters
Sec. 731. Authorization of claims by members of the uniformed services
against the United States for personal injury or death caused
by medical malpractice.
Sec. 732. Extension and clarification of authority for Joint Department
of Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund.
Sec. 733. Appointment of non-ex officio members of the Henry M. Jackson
Foundation for the Advancement of Military Medicine.
Sec. 734. Establishment of Academic Health System in National Capital
Region.
Sec. 735. Provision of veterinary services by veterinary professionals
of the Department of Defense in emergencies.
Sec. 736. Three-year extension of authority to continue the DOD-VA
Health Care Sharing Incentive Fund.
Sec. 737. Preservation of resources of the Army Medical Research and
Materiel Command and continuation as Center of Excellence.
Sec. 738. Encouragement of participation in Women's Health Transition
Training pilot program.
Sec. 739. National Guard suicide prevention pilot program.
Sec. 740. Pilot Program on civilian and military partnerships to enhance
interoperability and medical surge capability and capacity of
National Disaster Medical System.
Sec. 741. Reports on suicide among members of the Armed Forces and
suicide prevention programs and activities of the Department
of Defense.
Sec. 742. Modification of requirements for longitudinal medical study on
blast pressure exposure of members of the Armed Forces and
collection of exposure information.
Sec. 743. Study and plan on the use of military-civilian integrated
health delivery systems.
Sec. 744. Study on case management in the military health system.
Sec. 745. Report on Global Health Security Strategy and the National
Biodefense Security.
Sec. 746. Study on establishment of wounded warrior service dog program.
Sec. 747. GAO report on Department of Defense quality assurance program
and impacts of medical malpractice actions.
Sec. 748. Reports on Millennium Cohort Study relating to women members
of the Armed Forces.
Sec. 749. Study on effects of sleep deprivation on readiness of members
of the Armed Forces.
Sec. 750. Study and report on traumatic brain injury mitigation efforts.
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. 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. 702. TRICARE PAYMENT OPTIONS FOR RETIREES AND THEIR
DEPENDENTS.
(a) In General.--Section 1099 of title 10, United States Code, is
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Payment Options.--(1) A member or former member of the
uniformed services, or a dependent thereof, eligible for medical care
and dental care under section 1074(b) or 1076 of this title shall pay a
premium for coverage under this chapter.
``(2) To the maximum extent practicable, a premium owed by a
member, former member, or dependent under paragraph (1) shall be
withheld from the retired, retainer, or equivalent pay of the member,
former member, or dependent. In all other cases, a premium shall be
paid in a frequency and method determined by the Secretary.''.
(b) Conforming and Clerical Amendments.--
(1) Conforming amendments.--Section 1097a of title 10, United
States Code, is amended--
(A) by striking subsection (c); and
(B) by redesignating subsections (d), (e), and (f) as
subsections (c), (d), and (e), respectively.
(2) Heading amendments.--
(A) Automatic enrollments.--The heading for section 1097a
of such title is amended to read as follows:
``Sec. 1097a. TRICARE Prime: automatic enrollments''.
(B) Enrollment system and payment options.--The heading for
section 1099 of such title is amended to read as follows:
``Sec. 1099. Health care enrollment system and payment options''.
(3) Clerical amendments.--The table of sections at the
beginning of chapter 55 of such title is amended--
(A) by striking the item relating to section 1097a and
inserting the following new item:
``1097a. TRICARE Prime: automatic enrollments.''; and
(B) by striking the item relating to section 1099 and
inserting the following new item:
``1099. Health care enrollment system and payment options.''.
(c) Effective Date.--The amendments made by this section shall
apply to health care coverage beginning on or after January 1, 2021.
SEC. 703. LEAD LEVEL SCREENING AND TESTING FOR CHILDREN.
(a) Comprehensive Screening, Testing, and Reporting Guidelines.--
(1) In general.--The Secretary of Defense shall establish
clinical practice guidelines for health care providers employed by
the Department of Defense on screening, testing, and reporting of
blood lead levels in children.
(2) Use of cdc recommendations.--Guidelines established under
paragraph (1) shall reflect recommendations made by the Centers for
Disease Control and Prevention with respect to the screening,
testing, and reporting of blood lead levels in children.
(3) Dissemination of guidelines.--Not later than one year after
the date of the enactment of this Act, the Secretary shall
disseminate the clinical practice guidelines established under
paragraph (1) to health care providers of the Department of
Defense.
(b) Care Provided in Accordance With CDC Guidance.--The Secretary
shall ensure that any care provided by the Department of Defense to a
child for an elevated blood lead level shall be carried out in
accordance with applicable guidance issued by the Centers for Disease
Control and Prevention.
(c) Sharing of Results of Testing.--
(1) In general.--With respect to a child who receives from the
Department of Defense a test for an elevated blood lead level--
(A) the Secretary shall provide the results of the test to
the parent or guardian of the child; and
(B) notwithstanding any requirements for the
confidentiality of health information under the Health
Insurance Portability and Accountability Act of 1996 (Public
Law 104-191), if the results of the test show an abnormal blood
lead level or elevated blood lead level, the Secretary shall
provide those results 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) if the child resides outside the United States--
(I) the Centers for Disease Control and Prevention;
(II) the appropriate authority of the country in
which the child resides; and
(III) the primary provider of health care for the
child for follow-up.
(2) State defined.--In this subsection, 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.
(d) Report.--Not later than January 1, 2021, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report detailing, with respect to
the period beginning on the date of the enactment of this Act and
ending on the date of the report, the following:
(1) The number of children who were tested by the Department of
Defense for the level of lead in the blood of the child, and of
such number, the number who were found to have an elevated blood
lead level.
(2) The number of children who were screened by the Department
of Defense for an elevated risk of lead exposure.
(e) Comptroller General Report.--Not later than January 1, 2022,
the Comptroller General of the United States shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the effectiveness of screening and testing
for lead exposure and elevated blood lead levels under chapter 55 of
title 10, United States Code.
(f) Definitions.--In this section, the terms ``abnormal blood lead
level'' and ``elevated blood lead level'' have the meanings given those
terms by the Centers for Disease Control and Prevention.
SEC. 704. EXPOSURE TO OPEN BURN PITS AND TOXIC AIRBORNE CHEMICALS
OR OTHER AIRBORNE CONTAMINANTS AS PART OF PERIODIC HEALTH
ASSESSMENTS AND OTHER PHYSICAL EXAMINATIONS.
(a) Periodic Health Assessment.--The Secretary of Defense shall
ensure that any periodic health assessment provided to members of the
Armed Forces includes an evaluation of whether the member has been--
(1) based or stationed at a location where an open burn pit was
used; or
(2) exposed to toxic airborne chemicals or other airborne
contaminants, including any information recorded as part of the
Airborne Hazards and Open Burn Pit Registry.
(b) Separation History and Physical Examinations.--Section
1145(a)(5) of title 10, United States Code, is amended by adding at the
end the following new subparagraph:
``(C) The Secretary concerned shall ensure that each physical
examination of a member under subparagraph (A) includes an assessment
of whether the member was--
``(i) based or stationed at a location where an open burn pit,
as defined in subsection (c) of section 201 of the Dignified Burial
and Other Veterans' Benefits Improvement Act of 2012 (Public Law
112-260; 38 U.S.C. 527 note), was used; or
``(ii) exposed to toxic airborne chemicals or other airborne
contaminants, including any information recorded as part of the
registry established by the Secretary of Veterans Affairs under
such section 201.''.
(c) Deployment Assessments.--Section 1074f(b)(2) of title 10,
United States Code, is amended by adding at the end the following new
subparagraph:
``(D) An assessment of whether the member was--
``(i) based or stationed at a location where an open burn
pit, as defined in subsection (c) of section 201 of the
Dignified Burial and Other Veterans' Benefits Improvement Act
of 2012 (Public Law 112-260; 38 U.S.C. 527 note), was used; or
``(ii) exposed to toxic airborne chemicals or other
airborne contaminants, including any information recorded as
part of the registry established by the Secretary of Veterans
Affairs under such section 201.''.
(d) Sharing of Information.--
(1) DOD-VA.--The Secretary of Defense and the Secretary of
Veterans Affairs shall jointly enter into a memorandum of
understanding providing for the sharing by the Department of
Defense with the Department of Veterans Affairs of the results of
covered evaluations regarding the exposure by a member of the Armed
Forces to toxic airborne chemicals or other airborne contaminants.
(2) Registry.--If a covered evaluation of a member of the Armed
Forces establishes that the member was based or stationed at a
location where an open burn pit was used or that the member was
exposed to toxic airborne chemicals or other airborne contaminants,
the member shall be enrolled in the Airborne Hazards and Open Burn
Pit Registry unless the member elects to not so enroll.
(e) Rule of Construction.--Nothing in this section may be construed
to preclude eligibility for benefits under the laws administered by the
Secretary of Veterans Affairs by reason of the open burn pit exposure
history of a veteran not being recorded in a covered evaluation.
(f) Definitions.--In this section:
(1) The term ``Airborne Hazards and Open Burn Pit Registry''
means the registry established by the Secretary of Veterans Affairs
under section 201 of the Dignified Burial and Other Veterans'
Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527
note).
(2) The term ``covered evaluation'' means--
(A) a periodic health assessment conducted in accordance
with subsection (a);
(B) a separation history and physical examination conducted
under section 1145(a)(5) of title 10, United States Code, as
amended by this section; and
(C) a deployment assessment conducted under section
1074f(b)(2) of such title, as amended by this section.
(3) The term ``open burn pit'' has the meaning given that term
in section 201(c) of the Dignified Burial and Other Veterans'
Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527
note).
SEC. 705. ENHANCEMENT OF RECORDKEEPING WITH RESPECT TO EXPOSURE BY
MEMBERS OF THE ARMED FORCES TO CERTAIN OCCUPATIONAL AND
ENVIRONMENTAL HAZARDS WHILE DEPLOYED OVERSEAS.
(a) Inclusion in Medical Tracking System of Occupational and
Environmental Health Risks in Deployment Area.--
(1) Elements of medical tracking system.--Subsection (b)(1)(A)
of section 1074f of title 10, United States Code, is amended--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(iv) accurately record any exposure to occupational and
environmental health risks during the course of their
deployment.''.
(2) Recordkeeping.--Subsection (c) of such section is amended
by inserting after ``deployment area'' the following: ``(including
the results of any assessment performed by the Secretary of
occupational and environmental health risks for such area)''.
(b) Postdeployment Medical Examination and Reassessments.--Section
1074f of title 10, United States Code, as amended by subsection (a), is
further amended by adding at the end the following new subsection:
``(g) Additional Requirements for Postdeployment Medical
Examinations and Health Reassessments.--(1) The Secretary of Defense
shall standardize and make available to a provider that conducts a
postdeployment medical examination or reassessment under the system
described in subsection (a) questions relating to occupational and
environmental health exposure.
``(2) The Secretary, to the extent practicable, shall ensure that
the medical record of a member includes information on the external
cause relating to a diagnosis of the member, including by associating
an external cause code (as issued under the International Statistical
Classification of Diseases and Related Health Problems, 10th Revision
(or any successor revision)).''.
(c) Access to Information in Burn Pit Registry.--
(1) In general.--The Secretary of Defense shall ensure that all
medical personnel of the Department of Defense have access to the
information contained in the burn pit registry.
(2) Burn pit registry defined.--In this subsection, the term
``burn pit registry'' means the registry established under section
201 of the Dignified Burial and Other Veterans' Benefits
Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note).
SEC. 706. MODIFICATIONS TO POST-DEPLOYMENT MENTAL HEALTH
ASSESSMENTS FOR MEMBERS OF THE ARMED FORCES DEPLOYED IN SUPPORT
OF A CONTINGENCY OPERATION.
(a) Required Assessments.--Section 1074m(a)(1) of title 10, United
States Code, is amended by striking subparagraphs (C) and (D) and
inserting the following new subparagraphs:
``(C) Subject to paragraph (3) and subsection (d), once
during the period beginning on the date of redeployment from
the contingency operation and ending on the date that is 21
days after the date on which the post-deployment leave of the
member terminates.
``(D) Subject to subsection (d), not less than once
annually--
``(i) beginning 21 days after the date on which the
post-deployment leave of the member terminates; or
``(ii) if the assessment required by subparagraph (C)
is performed during the period specified in paragraph (3),
beginning 180 days after the date of redeployment from the
contingency operation.''.
(b) Exceptions.--Section 1074m(a) of such title, as amended by
subsection (a), is further amended by striking paragraph (2) and
inserting the following new paragraphs:
``(2) A mental health assessment is not required for a member of
the armed forces under subparagraphs (C) and (D) of paragraph (1)
(including an assessment performed pursuant to paragraph (3)) if the
Secretary determines that providing such assessment to the member
during the time periods under such subparagraphs would remove the
member from forward deployment or put members or operational objectives
at risk.
``(3) A mental health assessment required under subparagraph (C) of
paragraph (1) may be provided during the period beginning 90 days after
the date of redeployment from the contingency operation and ending 180
days after such redeployment date if the Secretary determines that--
``(A) an insufficient number of personnel are available to
perform the assessment during the time period under such
subparagraph; or
``(B) an administrative processing issue exists upon the return
of the member to the home unit or duty station that would prohibit
the effective performance of the assessment during such time
period.''.
(c) Elimination of Sunset for Assessments During Deployment.--
Section 1074m(a)(1)(B) of such title is amended by striking ``Until
January 1, 2019, once'' and inserting ``Once''.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall apply with respect to a date of redeployment that is on or after
January 1, 2020.
SEC. 707. PROVISION OF BLOOD TESTING FOR FIREFIGHTERS OF DEPARTMENT
OF DEFENSE TO DETERMINE EXPOSURE TO PERFLUOROALKYL AND
POLYFLUOROALKYL SUBSTANCES.
(a) In General.--Beginning on October 1, 2020, the Secretary of
Defense shall provide blood testing to determine and document potential
exposure to perfluoroalkyl and polyfluoroalkyl substances (commonly
known as ``PFAS'') for each firefighter of the Department of Defense
during the annual physical exam conducted by the Department for each
such firefighter.
(b) Firefighter Defined.--In this section, the term ``firefighter''
means someone whose primary job or military occupational specialty is
being a firefighter.
Subtitle B--Health Care Administration
SEC. 711. MODIFICATION OF ORGANIZATION OF MILITARY HEALTH SYSTEM.
(a) Administration of Military Medical Treatment Facilities.--
Subsection (a) of section 1073c of title 10, United States Code, is
amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (A), (B), (C), (D), (E),
and (F) as subparagraphs (C), (D), (E), (G), (H), and (I),
respectively;
(B) by inserting before subparagraph (C), as redesignated
by subparagraph (A) of this paragraph, the following new
subparagraphs:
``(A) provision and delivery of health care within each such
facility;
``(B) management of privileging, scope of practice, and quality
of health care provided within each such facility;''; and
(C) by inserting after subparagraph (E), as so
redesignated, the following new subparagraph:
``(F) supply and equipment;'';
(2) in paragraph (2)--
(A) by redesignating subparagraphs (D), (E), (F), and (G)
as subparagraphs (E), (F), (H), and (I), respectively;
(B) by inserting after subparagraph (C) the following new
subparagraph (D):
``(D) to identify the capacity of each military medical
treatment facility to support clinical readiness standards of
health care providers established by the Secretary of a military
department or the Assistant Secretary of Defense for Health
Affairs;'' and
(C) by striking subparagraph (F), as redesignated by
subparagraph (A) of this paragraph, and inserting the following
new subparagraphs:
``(F) to determine, in coordination with each Secretary of a
military department, manning, including joint manning, assigned to
military medical treatment facilities and intermediary
organizations;
``(G) to select, after considering nominations from the
Secretaries of the military departments, commanders or directors of
military medical treatment facilities;''; and
(3) in paragraph (3)--
(A) in subparagraph (A)--
(i) by inserting ``on behalf of the military
departments,'' before ``ensuring''; and
(ii) by striking ``and civilian employees''; and
(B) in subparagraph (B), by inserting ``on behalf of the
Defense Health Agency,'' before ``furnishing''.
(b) DHA Assistant Director.--Subsection (b)(2) of such section is
amended by striking ``equivalent education and experience'' and all
that follows and inserting ``the education and experience to perform
the responsibilities of the position.''.
(c) DHA Deputy Assistant Directors.--Subsection (c) of such section
is amended--
(1) in paragraph (2)(B), by striking ``across the military
health system'' and inserting ``at military medical treatment
facilities''; and
(2) in paragraph (4)(B), by inserting ``at military medical
treatment facilities'' before the period at the end.
(d) Treatment of Department of Defense for Purposes of Personnel
Assignment.--Such section is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Treatment of Department of Defense for Purposes of Personnel
Assignment.--In implementing this section--
``(1) the Department of Defense shall be considered a single
agency for purposes of civilian personnel assignment under title 5;
and
``(2) the Secretary of Defense may reassign any employee of a
component of the Department of Defense or a military department in
a position in the civil service (as defined in section 2101 of
title 5) to any other component of the Department of Defense or
military department.''.
(e) Military Medical Treatment Facility.--Subsection (g) of such
section, as redesignated by subsection (d)(1), is amended by adding at
the end the following new paragraph:
``(3) The term `military medical treatment facility' means--
``(A) any fixed facility of the Department of Defense that
is outside of a deployed environment and used primarily for
health care; and
``(B) any other location used for purposes of providing
health care services as designated by the Secretary of
Defense.''.
(f) Technical Amendments.--Subsection (a) of such section is
amended--
(1) in paragraph (1), by striking ``paragraph (4)'' and
inserting ``paragraph (5)'';
(2) by redesignating paragraph (5) as paragraph (6);
(3) by redesignating the first paragraph (4) as paragraph (5);
and
(4) by moving the second paragraph (4) so as to appear before
paragraph (5), as redesignated by paragraph (3) of this subsection.
SEC. 712. SUPPORT BY MILITARY HEALTH SYSTEM OF MEDICAL REQUIREMENTS
OF COMBATANT COMMANDS.
(a) In General.--Section 712 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) is
amended--
(1) in subsection (a), by amending paragraph (1) to read as
follows:
``(1) In general.--The Secretary of Defense shall, acting
through the Secretaries of the military departments, the Defense
Health Agency, and the Joint Staff, implement an organizational
framework of the military health system that effectively and
efficiently implements chapter 55 of title 10, United States Code,
to maximize the readiness of the medical force, promote
interoperability, and integrate medical capabilities of the Armed
Forces in order to enhance joint military medical operations in
support of requirements of the combatant commands.'';
(2) in subsection (e), by redesignating paragraphs (2) and (3)
as paragraphs (3) and (4), respectively, and by moving such
paragraphs so as to appear at the end of subsection (d);
(3) by striking subsection (e), as amended by paragraph (2) of
this subsection;
(4) by redesignating subsections (b) through (d) as subsections
(c) through (e), respectively;
(5) by inserting after subsection (a) the following new
subsection (b):
``(b) Additional Duties of Surgeons General of the Armed Forces.--
The Surgeons General of the Armed Forces shall have the following
duties:
``(1) To ensure the readiness for operational deployment of
medical and dental personnel and deployable medical or dental teams
or units of the Armed Force or Armed Forces concerned.
``(2) To meet medical readiness standards, subject to standards
and metrics established by the Assistant Secretary of Defense for
Health Affairs.
``(3) With respect to uniformed medical and dental personnel of
the military department concerned--
``(A) to assign such personnel--
``(i) primarily to military medical treatment
facilities, under the operational control of the commander
or director of the facility; or
``(ii) secondarily to partnerships with civilian or
other medical facilities for training activities specific
to such military department; and
``(B) to maintain readiness of such personnel for
operational deployment.
``(4) To provide logistical support for operational deployment
of medical and dental personnel and deployable medical or dental
teams or units of the Armed Force or Armed Forces concerned.
``(5) To oversee mobilization and demobilization in connection
with the operational deployment of medical and dental personnel of
the Armed Force or Armed Forces concerned.
``(6) To develop operational medical capabilities required to
support the warfighter, and to develop policy relating to such
capabilities.
``(7) To provide health professionals to serve in leadership
positions across the military healthcare system.
``(8) To deliver operational clinical services under the
operational control of the combatant commands--
``(A) on ships and planes; and
``(B) on installations outside of military medical
treatment facilities.
``(9) To manage privileging, scope of practice, and quality of
health care in the settings described in paragraph (8).'';
(6) in subsection (c), as redesignated by paragraph (4) of this
subsection--
(A) in the subsection heading, by inserting ``Agency''
before ``Regions''; and
(B) in paragraph (1)--
(i) in the paragraph heading, by inserting ``Agency''
before ``regions''; and
(ii) by striking ``defense health'' and inserting
``Defense Health Agency'';
(7) in subsection (d), as redesignated by paragraph (4) of this
subsection--
(A) in the subsection heading, by inserting ``Agency''
before ``Regions'';
(B) in the matter preceding paragraph (1), by striking
``defense health'' and inserting ``Defense Health Agency''; and
(C) in paragraph (3), by striking ``subsection (b)'' and
inserting ``subsection (c)''; and
(8) in subsection (e), as redesignated by paragraph (4) of this
subsection--
(A) in paragraph (2)--
(i) by amending subparagraph (A) to read as follows:
``(A) In general.--The Secretaries of the military
departments shall coordinate with the Chairman of the Joint
Chiefs of Staff to direct resources allocated to the military
departments to support requirements related to readiness and
operational medicine support that are established by the
combatant commands and validated by the Joint Staff.''; and
(ii) in subparagraph (B), in the matter preceding
clause (i), by striking ``Based on'' and all that follows
through ``shall--'' and inserting ``The Director of the
Defense Health Agency, in coordination with the Assistant
Secretary of Defense for Health Affairs, shall--'';
(B) in paragraph (3), as moved and redesignated by
paragraph (2) of this subsection, in the second sentence--
(i) by inserting ``primarily'' before ``through''; and
(ii) by inserting``, in coordination with the
Secretaries of the military departments,'' after ``the
Defense Health Agency''; and
(C) by adding at the end the following:
``(5) Manpower.--
``(A) Administrative control of military personnel.--Each
Secretary of a military department shall exercise
administrative control of members of the Armed Forces assigned
to military medical treatment facilities, including personnel
assignment and issuance of military orders.
``(B) Oversight of certain personnel by the director of the
defense health agency.--In situations in which members of the
Armed Forces provide health care services at a military medical
treatment facility, the Director of the Defense Health Agency
shall maintain operational control over such members and
oversight for the provision of care delivered by such members
through policies, procedures, and privileging responsibilities
of the military medical treatment facility.''.
(b) Conforming Amendments.--
(1) Heading amendment.--The heading for section 712 of the John
S. McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232) is amended to read as follows:
``SEC. 712. SUPPORT BY MILITARY HEALTHCARE SYSTEM OF MEDICAL
REQUIREMENTS OF COMBATANT COMMANDS.''.
(2) Clerical amendment.--The table of contents for such Act is
amended by striking the item relating to section 712 and inserting
the following new item:
``Sec. 712. Support by military healthcare system of medical
requirements of combatant commands.''.
SEC. 713. REQUIREMENTS FOR CERTAIN PRESCRIPTION DRUG LABELS.
(a) Requirement.--Section 1074g of title 10, United States Code, is
amended--
(1) by redesignating subsections (h) and (i) as subsections (i)
and (j), respectively; and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) Labeling.--The Secretary of Defense shall ensure that drugs
made available through the facilities of the armed forces under the
jurisdiction of the Secretary include labels and other labeling that
are in compliance with the requirements of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.).''.
(b) Conforming Amendment.--Subsection (b)(1) of such section is
amended by striking ``under subsection (h)'' and inserting ``under
subsection (j)''.
(c) Implementation.--Beginning not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense shall
implement subsection (h) of section 1074g of title 10, United States
Code, as added by subsection (a).
SEC. 714. OFFICERS AUTHORIZED TO COMMAND ARMY DENTAL UNITS.
Section 7081(d) of title 10, United States Code, is amended by
striking ``Dental Corps Officer'' and inserting ``commissioned officer
of the Army Medical Department''.
SEC. 715. IMPROVEMENTS TO INTERAGENCY PROGRAM OFFICE OF THE
DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF VETERANS AFFAIRS.
(a) Leadership.--Subsection (c) of section 1635 of the Wounded
Warrior Act (title XVI of Public Law 110-181; 10 U.S.C. 1071 note) is
amended to read as follows:
``(c) Leadership.--
``(1) Director.--The Director of the Office shall be the head
of the Office.
``(2) Deputy director.--The Deputy Director of the Office shall
be the deputy head of the Office and shall assist the Director in
carrying out the duties of the Director.
``(3) Reporting.--The Director shall report directly to the
Deputy Secretary of Defense and the Deputy Secretary of Veterans
Affairs.
``(4) Appointments.--
``(A) Director.--The Director shall be appointed by the
Secretary of Defense, with the concurrence of the Secretary of
Veterans Affairs, for a fixed term of four years. For the
subsequent term, the Secretary of Veterans Affairs, with the
concurrence of the Secretary of Defense, shall appoint the
Director for a fixed term of four years, and thereafter, the
appointment of the Director for a fixed term of four years
shall alternate between the Secretaries.
``(B) Deputy director.--The Deputy Director shall be
appointed by the Secretary of Veterans Affairs, with the
concurrence of the Secretary of Defense, for a fixed term of
four years. For the subsequent term, the Secretary of Defense,
with the concurrence of the Secretary of Veterans Affairs,
shall appoint the Deputy Director for a fixed term of four
years, and thereafter, the appointment of the Deputy Director
for a fixed term of four years shall alternate between the
Secretaries.
``(C) Minimum qualifications.--The Secretary of Defense and
the Secretary of Veterans Affairs shall jointly develop
qualification requirements for the Director and the Deputy
Director. Such requirements shall ensure that, at a minimum,
the Director and Deputy Director, individually or together,
meet the following qualifications:
``(i) Significant experience at a senior management
level fielding enterprise-wide technology in a health care
setting, or business systems in the public or private
sector.
``(ii) Credentials for enterprise-wide program
management.
``(iii) Significant experience leading implementation
of complex organizational change by integrating the input
of experts from various disciplines, such as clinical,
business, management, informatics, and technology.
``(5) Succession.--The Secretary of Defense and the Secretary
of Veterans Affairs shall jointly develop a leadership succession
process for the Office.
``(6) Additional guidance.--The Department of Veterans Affairs-
Department of Defense Joint Executive Committee may provide
guidance in the discharge of the functions of the Office under this
section.
``(7) Information to congress.--Upon request by any of the
appropriate committees of Congress, the Director and the Deputy
Director shall testify before such committee, or provide a briefing
or otherwise provide requested information to such committee,
regarding the discharge of the functions of the Office under this
section.''.
(b) Authority.--Paragraph (1) of subsection (b) of such section is
amended by adding at the end the following new sentence: ``The Office
shall carry out decision making authority delegated to the Office by
the Secretary of Defense and the Secretary of Veterans Affairs with
respect to the definition, coordination, and management of functional,
technical, and programmatic activities that are jointly used, carried
out, and shared by the Departments.''.
(c) Purposes.--Paragraph (2) of subsection (b) of such section is
amended by adding at the end the following new subparagraphs:
``(C) To develop and implement a comprehensive
interoperability strategy, which shall include--
``(i) the Electronic Health Record Modernization
Program of the Department of Veterans Affairs; and
``(ii) the Healthcare Management System Modernization
Program of the Department of Defense.
``(D) To pursue the highest level of interoperability for
the delivery of health care by the Department of Defense and
the Department of Veterans Affairs.
``(E) To accelerate the exchange of health care information
between the Departments, and advances in the health information
technology marketplace, in order to support the delivery of
health care by the Departments.
``(F) To collect the operational and strategic requirements
of the Departments relating to the strategy under subsection
(a) and communicate such requirements and activities to the
Office of the National Coordinator for Health Information
Technology of the Department of Health and Human Services for
the purpose of implementing title IV of the 21st Century Cures
Act (division A of Public Law 114-255), and the amendments made
by that title, and other objectives of the Office of the
National Coordinator for Health Information Technology.
``(G) To plan for and effectuate the broadest possible
implementation of standards, specifically with respect to the
Fast Healthcare Interoperability Resources standard or
successor standard, the evolution of such standards, and the
obsolescence of such standards.
``(H) To actively engage with national and international
health standards setting organizations, including by taking
membership in such organizations, to ensure that standards
established by such organizations meet the needs of the
Departments pursuant to the strategy under subsection (a), and
oversee and approve adoption of and mapping to such standards
by the Departments.
``(I) To express the content and format of health data of
the Departments using a common language to improve the exchange
of data between the Departments and with the private sector,
and to ensure that clinicians of the Departments have access to
integrated, computable, comprehensive health records of
patients.
``(J) To inform the Chief Information Officer of the
Department of Defense and the Chief Information Officer of the
Department of Veterans Affairs of any activities of the Office
affecting or relevant to cybersecurity.
``(K) To establish an environment that will enable and
encourage the adoption by the Departments of innovative
technologies for health care delivery.
``(L) To leverage data integration to advance health
research and develop an evidence base for the health care
programs of the Departments.
``(M) To prioritize the use of open systems architecture by
the Departments.
``(N) To ensure ownership and control by patients of
personal health information and data in a manner consistent
with applicable law.
``(O) To prevent contractors of the Departments or other
non-departmental entities from owning or having exclusive
control over patient health data, for the purposes of
protecting patient privacy and enhancing opportunities for
innovation.
``(P) To implement a single lifetime longitudinal personal
health record between the Department of Defense and the
Department of Veterans Affairs.
``(Q) To attain interoperability capabilities--
``(i) sufficient to enable the provision of seamless
health care by health care facilities and providers of the
Departments, as well as private sector facilities and
providers contracted by the Departments; and
``(ii) that are more adaptable and far reaching than
those achievable through biodirectional information
exchange between electronic health records of the exchange
of read-only data alone.
``(R) To make maximum use of open-application program
interfaces and the Fast Healthcare Interoperability Resources
standard (or successor standard).''.
(d) Implementation Milestones.--Subsection (e) of such section is
amended to read as follows:
``(e) Implementation Milestones.--
``(1) Evaluation.--With respect to the electronic health record
systems of the Department of Defense and the Department of Veterans
Affairs, the Office shall seek to enter into an agreement with an
independent entity to conduct an evaluation by not later than
October 1, 2021 of the following:
``(A) Whether a clinician of the Department of Defense, can
access, and meaningfully interact with, a complete patient
health record of a veteran, from a military medical treatment
facility.
``(B) Whether a clinician of the Department of Veterans
Affairs can access, and meaningfully interact with, a complete
patient health record of a member of the Armed Forces serving
on active duty, from a medical center of the Department of
Veterans Affairs.
``(C) Whether clinicians of the Departments can access, and
meaningfully interact with, the data elements of the health
record of a patient who is a veteran or is a member of the
Armed Forces which are generated when the individual receives
health care from a community care provider of the Department of
Veterans Affairs or a TRICARE program provider of the
Department of Defense.
``(D) Whether a community care provider of the Department
of the Veterans Affairs and a TRICARE program provider of the
Department of Defense on a Health Information Exchange-
supported electronic health record can access patient health
records of veterans and active-duty members of the Armed Forces
from the system of the provider.
``(E) An assessment of interoperability between the legacy
electronic health record systems and the future electronic
health record systems of the Department of Veterans Affairs and
the Department of Defense.
``(F) An assessment of the use of interoperable content
between--
``(i) the legacy electronic health record systems and
the future electronic health record systems of the
Department of Veterans Affairs and the Department of
Defense; and
``(ii) third-party applications.
``(2) System configuration management.--The Office shall--
``(A) maintain the common configuration baseline for the
electronic health record systems of the Department of Defense
and the Department of Veterans Affairs; and
``(B) continually evaluate the state of configuration and
the impacts on interoperability; and
``(C) promote the enhancement of such electronic health
records systems.
``(3) Consultation.--
``(A) Annual meeting required.--Not less than once per
year, the Office shall convene a meeting of clinical staff from
the Department of Defense, the Department of Veterans Affairs,
the Coast Guard, community providers, and other leading
clinical experts, for the purpose of assessing the state of
clinical use of the electronic health record systems and
whether the systems are meeting clinical and patient needs.
``(B) Recommendations.--Clinical staff participating in a
meeting under subparagraph (A) shall make recommendations to
the Office on the need for any improvements or concerns with
the electronic health record systems.
``(4) Clinical and patient satisfaction survey.--Beginning
October 1, 2021, and on at least a biannual basis thereafter until
2025 at the earliest, the Office shall undertake a clinician and
patient satisfaction survey regarding clinical use and patient
experience with the electronic health record systems of the
Department of Defense and the Department of Veterans Affairs.''.
(e) Resources and Staffing.--Subsection (g) of such section is
amended--
(1) in paragraph (1), by inserting before the period at the end
the following: ``, including the assignment of clinical or
technical personnel of the Department of Defense or the Department
of Veterans Affairs to the Office''; and
(2) by adding at the end the following new paragraphs:
``(3) Cost sharing.--The Secretary of Defense and the Secretary
of Veterans shall enter into an agreement on cost sharing and
providing resources for the operations and staffing of the Office.
``(4) Hiring authority.--The Secretary of Defense and the
Secretary of Veterans Affairs shall delegate to the Director the
authority under title 5, United States Code, regarding appointments
in the competitive service to hire personnel of the Office.''.
(f) Reports.--Subsection (h) of such section is amended to read as
follows:
``(h) Reports.--
``(1) Annual reports.--Not later than September 30, 2020, and
each year thereafter through 2024, the Director shall submit to the
Secretary of Defense and the Secretary of Veterans Affairs, and to
the appropriate committees of Congress, a report on the activities
of the Office during the preceding calendar year. Each report shall
include the following:
``(A) A detailed description of the activities of the
Office during the year covered by such report, including a
detailed description of the amounts expended and the purposes
for which expended.
``(B) With respect to the objectives of the strategy under
paragraph (2)(C) of subsection (b), and the purposes of the
Office under such subsection--
``(i) a discussion, description, and assessment of the
progress made by the Department of Defense and the
Department of Veterans Affairs during the preceding
calendar year; and
``(ii) a discussion and description of the goals of the
Department of Defense and the Department of Veterans
Affairs for the following calendar year, including updates
to strategies and plans.
``(C) A detailed financial summary of the activities of the
Office, including the funds allocated to the Office by each
Department, the expenditures made, and an assessment as to
whether the current funding is sufficient to carry out the
activities of the Office.
``(D) A detailed description of the status of each of the
implementation milestones, including the nature of the
evaluation, methodology for testing, and findings with respect
to each milestone under subsection (e).
``(E) A detailed description of the state of the
configuration baseline, including any activities which
decremented or enhanced the state of configuration under
subsection (e).
``(F) With respect to the annual meeting required under
subsection (e)(3)--
``(i) a detailed description of activities,
assessments, and recommendations relating to such meeting;
and
``(ii) the response of the Office to any such
recommendations.
``(2) Availability.--Each report under this subsection shall be
made publicly available.''.
(g) Definitions.--Such section is further amended by adding at the
end the following new subsection (k):
``(k) Definitions.--In this section:
``(1) The term `appropriate congressional committees' means--
``(A) the congressional defense committees; and
``(B) the Committees on Veterans' Affairs of the House of
Representatives and the Senate.
``(2) The term `configuration baseline' means a fixed reference
in the development cycle or an agreed-upon specification of a
product at a point in time that serves as a documented basis for
defining incremental change in all aspects of an information
technology product.
``(3) The term `Electronic Health Record Modernization Program'
has the meaning given that term in section 503 of the Veterans
Benefits and Transition Act of 2018 (Public Law 115-407; 132 Stat.
5376).
``(4) The term `interoperability' means the ability of
different information systems, devices, or applications to connect,
regardless of the technology platform or the location where care is
provided--
``(A) in a coordinated and secure manner, within and across
organizational boundaries, and across the complete spectrum of
care, including all applicable care settings;
``(B) with relevant stakeholders, including the person
whose information is being shared, to access, exchange,
integrate, and use computable data regardless of the origin or
destination of the data or the applications employed;
``(C) with the capability to reliably exchange information
without error;
``(D) with the ability to interpret and to make effective
use of such exchanged information;
``(E) with the ability for information that can be used to
advance patient care to move between health care entities; and
``(F) without additional intervention by the end user.
``(5) The term `meaningfully interact' means the ability to
view, consume, act upon, and edit information in a clinical setting
to facilitate high-quality clinical decision making.
``(6) The term `seamless health care' means health care which
is optimized through access by patients and clinicians to
integrated, relevant, and complete information about the clinical
experiences of the patient, social and environmental determinants
of health, and health trends over time, in order to enable patients
and clinicians to--
``(A) move efficiently within and across organizational
boundaries;
``(B) make high-quality decisions; and
``(C) effectively carry out complete plans of care.
``(7) The term `Secretary concerned' means--
``(A) the Secretary of Defense, with respect to matters
concerning the Department of Defense;
``(B) the Secretary of Veterans Affairs, with respect to
matters concerning the Department of Veterans Affairs; and
``(C) the Secretary of Homeland Security, with respect to
matters concerning the Coast Guard when it is not operating as
a service in the Department of the Navy.
``(8) The term `TRICARE program' has the meaning given that
term in section 1072 of title 10, United States Code.''.
(h) Interoperability Strategy.--
(1) Report required.--Not later than 270 days after the date of
the enactment of this Act, the Director shall submit to each
Secretary concerned and to the appropriate congressional committees
a report that contains a comprehensive interoperability strategy
with respect to electronic health records jointly developed by the
Secretary of Defense and Secretary of Veterans Affairs, including
any accompanying or associated implementation plans and supporting
plans.
(2) Elements.--The comprehensive interoperability strategy
under paragraph (1) shall discuss the purposes described in
paragraphs (K) through (R) of section 1635(b)(2) of the Wounded
Warrior Act (title XVI of Public Law 110-181; 10 U.S.C. 1071 note),
as amended by subsection (c).
(3) Definitions.--In this subsection:
(A) The term ``appropriate congressional committees''
means--
(i) the Committees on Armed Services of the Senate and
the House of Representatives; and
(ii) the Committees on Veterans' Affairs of the Senate
and the House of Representatives.
(B) The term ``Director'' means the individual described in
section 1635(c) of the Wounded Warrior Act (title XVI of Public
Law 110-181; 10 U.S.C. 1071 note), as amended by subsection
(a).
(C) The term ``interoperability'' has the meaning given
that term in subsection (k) of such section, as added by
subsection (g).
(i) Conforming Repeal.--Section 713 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C.
1071 note) is repealed.
SEC. 716. EXPANSION OF STRATEGY TO IMPROVE ACQUISITION OF MANAGED
CARE SUPPORT CONTRACTS UNDER TRICARE PROGRAM.
Section 705(c)(1) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 1073a note) is amended,
in the matter preceding subparagraph (A), by striking ``, other than
overseas medical support contracts''.
SEC. 717. INCLUSION OF BLAST EXPOSURE HISTORY IN MEDICAL RECORDS OF
MEMBERS OF THE ARMED FORCES.
(a) Requirement.--If a covered incident occurs with respect to a
member of the Armed Forces, the Secretary of Defense, in coordination
with the Secretaries of the military departments, shall document blast
exposure history in the medical record of the member to assist in
determining whether a future illness or injury of the member is
service-connected and inform future blast exposure risk mitigation
efforts of the Department of Defense.
(b) Elements.--A blast exposure history under subsection (a) shall
include, at a minimum, the following:
(1) The date of the exposure.
(2) The duration of the exposure, and, if known, the measured
blast pressure experienced by the individual during such exposure.
(3) Whether the exposure occurred during combat or training.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the types of information included in a
blast exposure history under subsection (a).
(d) Covered Incident Defined.--In this section, the term ``covered
incident'' means a concussive event or injury that requires a military
acute concussive evaluation by a skilled health care provider.
SEC. 718. COMPREHENSIVE POLICY FOR PROVISION OF MENTAL HEALTH CARE
TO MEMBERS OF THE ARMED FORCES.
(a) Policy Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, acting through the
Under Secretary of Defense for Personnel and Readiness, shall develop
and implement a comprehensive policy for the provision of mental health
care to members of the Armed Forces.
(b) Elements.--The policy under subsection (a) shall address each
of the following:
(1) The compliance of health professionals in the military
health system engaged in the provision of health care services to
members with clinical practice guidelines for--
(A) suicide prevention;
(B) medication-assisted therapy for alcohol use disorders;
and
(C) medication-assisted therapy for opioid use disorders.
(2) The access and availability of mental health care services
to members who are victims of sexual assault or domestic violence.
(3) The availability of naloxone reversal capability on
military installations.
(4) The promotion of referrals of members by civilian health
care providers to military medical treatment facilities when such
members are--
(A) at high risk for suicide and diagnosed with a
psychiatric disorder; or
(B) receiving treatment for opioid use disorders.
(5) The provision of comprehensive behavioral health treatment
to members of the reserve components that takes into account the
unique challenges associated with the deployment pattern of such
members and the difficulty such members encounter post-deployment
with respect to accessing such treatment in civilian communities.
(c) Consideration.--In developing the policy under subsection (a),
the Secretary of Defense shall solicit and consider recommendations
from the Secretaries of the military departments and the Chairman of
the Joint Chiefs of Staff regarding the feasibility of implementation
and execution of particular elements of the policy.
(d) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the implementation of the policy under
subsection (a).
SEC. 719. LIMITATION ON THE REALIGNMENT OR REDUCTION OF MILITARY
MEDICAL MANNING END STRENGTH.
(a) Limitation.--Except as provided by subsection (d), the
Secretary of Defense and the Secretaries concerned may not realign or
reduce military medical end strength authorizations until--
(1) each review is conducted under paragraph (1) of subsection
(b);
(2) each analysis is conducted under paragraph (2) of such
subsection;
(3) the measurement is developed under paragraph (3) of such
subsection;
(4) each plan and forum is provided under paragraph (4) of such
subsection; and
(5) a period of 90 days elapses following the date on which the
Secretary submits the report under subsection (c).
(b) Reviews, Analyses, and Other Information.--
(1) Review.--Each Secretary concerned, in coordination with the
Chairman of the Joint Chiefs of Staff, shall conduct a review of
the medical manpower requirements of the military department of the
Secretary that accounts for all national defense strategy
scenarios.
(2) Analyses.--With respect to each military medical treatment
facility that would be affected by a proposed military medical end
strength realignment or reduction, the Secretary concerned shall
conduct an analysis that--
(A) identifies affected billets; and
(B) includes a plan for mitigating any potential gap in
health care services caused by such realignment or reduction.
(3) Measurement.--The Secretary of Defense shall--
(A) develop a standard measurement for network adequacy to
determine the capacity of the local health care network to
provide care for covered beneficiaries in the area of a
military medical treatment facility that would be affected by a
proposed military medical end strength realignment or
reduction; and
(B) use such measurement in carrying out this section and
otherwise evaluating proposed military medical end strength
realignment or reductions.
(4) Outreach.--The Secretary of Defense shall provide to each
member of the Armed Forces and covered beneficiary located in the
area of a military medical treatment facility that would be
affected by a proposed military medical end strength realignment or
reduction the following:
(A) A transition plan for continuity of health care
services.
(B) A public forum to discuss the concerns of the member
and covered beneficiary regarding such proposed realignment or
reduction.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate a report on the proposed military medical end strength
realignments or reductions, including--
(1) the reviews, analyses, and other information developed
under subsection (b); and
(2) a description of the actions the Secretary plans to take
with respect to such proposed realignments or reductions.
(d) Exception.--
(1) In general.--The limitation in subsection (a) shall not
apply--
(A) to administrative billets of a medical department of a
military department that have remained unfilled since at least
October 1, 2018;
(B) to billets identified as non-clinical in the budget of
the President for fiscal year 2020 submitted to Congress
pursuant to section 1105 of title 31, United States Code,
except that the amount of such billets shall not exceed 1,700;
and
(C) to medical headquarters billets of the military
departments not assigned or directly supporting to operational
commands.
(2) Determination prior to realignment or reduction.--The
Secretary concerned may realign or reduce a billet described in
paragraph (1) if the Secretary determines that such realignment or
reduction does not affect the provision of health care services to
members of the Armed Forces or covered beneficiaries.
(e) Definitions.--In this section:
(1) The term ``covered beneficiary'' has the meaning given that
term in section 1072 of title 10, United States Code.
(2) The term ``proposed military medical end strength
realignment or reduction'' means a realignment or reduction of
military medical end strength authorizations as proposed by the
budget of the President for fiscal year 2020 submitted to Congress
pursuant to section 1105 of title 31, United States Code.
(3) The term ``Secretary concerned'' means--
(A) the Secretary of the Army, with respect to matters
concerning the Army;
(B) the Secretary of the Navy, with respect to matters
concerning the Navy, the Marine Corps, and the Coast Guard when
it is operating as a service in the Department of the Navy; and
(C) the Secretary of the Air Force, with respect to matters
concerning the Air Force.
SEC. 720. STRATEGY TO RECRUIT AND RETAIN MENTAL HEALTH PROVIDERS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report that--
(1) describes the shortage of mental health providers of the
Department of Defense;
(2) explains the reasons for such shortage;
(3) explains the effect of such shortage on members of the
Armed Forces; and
(4) contains a strategy to better recruit and retain mental
health providers, including with respect to psychiatrists,
psychologists, mental health nurse practitioners, licensed social
workers, and other licensed providers of the military health
system, in a manner that addresses the need for cultural competence
and diversity among such mental health providers.
SEC. 721. DEVELOPMENT OF PARTNERSHIPS TO IMPROVE COMBAT CASUALTY
CARE FOR PERSONNEL OF THE ARMED FORCES.
(a) Partnerships.--
(1) In general.--The Secretary of Defense, through the Joint
Trauma Education and Training Directorate established under section
708 of the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 10 U.S.C. 1071 note), may develop partnerships
with civilian academic medical centers and large metropolitan
teaching hospitals to improve combat casualty care for personnel of
the Armed Forces.
(2) Partnerships with level i trauma centers.--In carrying out
partnerships under paragraph (1), trauma surgeons and physicians of
the Department of Defense may partner with level I civilian trauma
centers to provide training and readiness for the next generation
of medical providers to treat critically injured burn patients.
(b) Support of Partnerships.--The Secretary of Defense may make
every effort to support partnerships under the Joint Trauma Education
and Training Directorate with academic institutions that have level I
civilian trauma centers, specifically those centers with a burn center,
that offer burn rotations and clinical experience to provide training
and readiness for the next generation of medical providers to treat
critically injured burn patients.
(c) Level I Civilian Trauma Center Defined.--In this section, the
term ``level I civilian trauma center'' has the meaning given that term
in section 708 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 1071 note).
SEC. 722. MODIFICATION TO REFERRALS FOR MENTAL HEALTH SERVICES.
If the Secretary of Defense is unable to provide mental health
services in a military medical treatment facility to a member of the
Armed Forces within 15 days of the date on which such services are
first requested by the member, the Secretary may refer the member to a
provider under the TRICARE program (as that term is defined in section
1072 of title 10, United States Code) to receive such services.
Subtitle C--Reports and Other Matters
SEC. 731. AUTHORIZATION OF CLAIMS BY MEMBERS OF THE UNIFORMED
SERVICES AGAINST THE UNITED STATES FOR PERSONAL INJURY OR DEATH
CAUSED BY MEDICAL MALPRACTICE.
(a) Medical Malpractice Claims.--
(1) In general.--Chapter 163 of title 10, United States Code,
is amended by inserting after section 2733 the following new
section:
``Sec. 2733a. Medical malpractice claims by members of the uniformed
services
``(a) In General.--Consistent with this section and under such
regulations as the Secretary of Defense shall prescribe under
subsection (f), the Secretary may allow, settle, and pay a claim
against the United States for personal injury or death incident to the
service of a member of the uniformed services that was caused by the
medical malpractice of a Department of Defense health care provider.
``(b) Requirement for Claims.--A claim may be allowed, settled, and
paid under subsection (a) only if--
``(1) the claim is filed by the member of the uniformed
services who is the subject of the medical malpractice claimed, or
by an authorized representative on behalf of such member who is
deceased or otherwise unable to file the claim due to
incapacitation;
``(2) the claim is for personal injury or death caused by the
negligent or wrongful act or omission of a Department of Defense
health care provider in the performance of medical, dental, or
related health care functions while such provider was acting within
the scope of employment;
``(3) the act or omission constituting medical malpractice
occurred in a covered military medical treatment facility;
``(4) the claim is presented to the Department in writing
within two years after the claim accrues;
``(5) the claim is not allowed to be settled and paid under any
other provision of law; and
``(6) the claim is substantiated as prescribed in regulations
prescribed by the Secretary of Defense under subsection (f).
``(c) Liability.--(1) The Department of Defense is liable for only
the portion of compensable injury, loss, or damages attributable to the
medical malpractice of a Department of Defense health care provider.
``(2) The Department of Defense shall not be liable for the
attorney fees of a claimant under this section.
``(d) Payment of Claims.--(1) If the Secretary of Defense
determines, pursuant to regulations prescribed by the Secretary under
subsection (f), that a claim under this section in excess of $100,000
is meritorious, and the claim is otherwise payable under this section,
the Secretary may pay the claimant $100,000 and report any meritorious
amount in excess of $100,000 to the Secretary of the Treasury for
payment under section 1304 of title 31.
``(2) Except as provided in paragraph (1), no claim may be paid
under this section unless the amount tendered is accepted by the
claimant in full satisfaction.
``(e) Reporting Medical Malpractice.--Not later than 30 days after
a determination of medical malpractice or the payment of all or part of
a claim under this section, the Secretary of Defense shall submit to
the Director of the Defense Health Agency a report documenting such
determination or payment to be used by the Director for all necessary
and appropriate purposes, including medical quality assurance.
``(f) Regulations.--(1) The Secretary of Defense shall prescribe
regulations to implement this section.
``(2) Regulations prescribed by the Secretary under paragraph (1)
shall include the following:
``(A) Policies and procedures to ensure the timely, efficient,
and effective processing and administration of claims under this
section, including--
``(i) the filing, receipt, investigation, and evaluation of
a claim;
``(ii) the negotiation, settlement, and payment of a claim;
``(iii) such other matters relating to the processing and
administration of a claim, including an administrative appeals
process, as the Secretary considers appropriate.
``(B) Uniform standards consistent with generally accepted
standards used in a majority of States in adjudicating claims under
chapter 171 of title 28 (commonly known as the `Federal Tort Claims
Act') to be applied to the evaluation, settlement, and payment of
claims under this section without regard to the place of occurrence
of the medical malpractice giving rise to the claim or the military
department or service of the member of the uniformed services, and
without regard to foreign law in the case of claims arising in
foreign countries, including uniform standards to be applied to
determinations with respect to--
``(i) whether an act or omission by a Department of Defense
health care provider in the context of performing medical,
dental, or related health care functions was negligent or
wrongful, considering the specific facts and circumstances;
``(ii) whether the personal injury or death of the member
was caused by a negligent or wrongful act or omission of a
Department of Defense health care provider in the context of
performing medical, dental, or related health care functions,
considering the specific facts and circumstances;
``(iii) requirements relating to proof of duty, breach of
duty, and causation resulting in compensable injury or loss,
subject to such exclusions as may be established by the
Secretary of Defense; and
``(iv) calculation of damages.
``(C) Such other matters as the Secretary considers
appropriate.
``(3) In order to implement expeditiously the provisions of this
section, the Secretary may prescribe the regulations under this
subsection--
``(A) by prescribing an interim final rule; and
``(B) not later than one year after prescribing such interim
final rule and considering public comments with respect to such
interim final rule, by prescribing a final rule.
``(g) Limitation on Attorney Fees.--(1) No attorney shall charge,
demand, receive, or collect for services rendered, fees in excess of 20
percent of any claim paid pursuant to this section.
``(2) Any attorney who charges, demands, receives, or collects for
services rendered in connection with a claim under this section any
amount in excess of the amount allowed under paragraph (1), if recovery
be had, shall be fined not more than $2,000, imprisoned not more than
one year, or both.
``(h) Annual Report.--Not less frequently than annually until 2025,
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report--
``(1) indicating the number of claims processed under this
section;
``(2) indicating the resolution of each such claim; and
``(3) describing any other information that may enhance the
effectiveness of the claims process under this section.
``(i) Definitions.--In this section:
``(1) Covered military medical treatment facility.--The term
`covered military medical treatment facility' means a facility
described in subsection (b), (c), or (d) of section 1073d of this
title.
``(2) Department of defense health care provider.--The term
`Department of Defense health care provider' means a member of the
uniformed services, civilian employee of the Department of Defense,
or personal services contractor of the Department (under section
1091 of this title) authorized by the Department to provide health
care services and acting within the scope of employment of such
individual.
``(3) Member of the uniformed services.--The term `member of
the uniformed services' includes a member of a reserve component of
the armed forces if the claim by the member under this section is
in connection with personal injury or death that occurred while the
member was in Federal status.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 163 of such title is amended by inserting after the item
relating to section 2733 the following new item:
``2733a. Medical malpractice claims by members of the uniformed
services.''.
(b) Interim Briefing on Development of Regulations.--Not later than
180 days after the date of the enactment of this Act, the Secretary of
Defense shall provide to the Committees on Armed Services of the Senate
and the House of Representatives a briefing on the development of
regulations under section 2733a(f) of title 10, United States Code, as
added by subsection (a)(1).
(c) Conforming Amendments.--
(1) Section 2735 of such title is amended by striking ``2733,''
and inserting ``2733, 2733a,''.
(2) Section 1304(a)(3)(D) of title 31, United States Code, is
amended by striking ``2733,'' and inserting ``2733, 2733a,''.
(d) Effective Date and Transition Provision.--
(1) Effective date.--The amendments made by this section shall
apply to any claim filed under section 2733a of such title, as
added by subsection (a)(1), on or after January 1, 2020.
(2) Transition.--Any claim filed in calendar year 2020 shall be
deemed to be filed within the time period specified in section
2733a(b)(4) of such title, as so added, if it is filed within three
years after it accrues.
SEC. 732. EXTENSION AND CLARIFICATION OF AUTHORITY FOR JOINT
DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL
FACILITY DEMONSTRATION FUND.
Title XVII of the National Defense Authorization Act for Fiscal
Year 2010 (Public Law 111-84; 123 Stat. 2567) is amended--
(1) in section 1701--
(A) in subsection (a), by striking ``Subject to subsection
(b), the'' and inserting ``The'';
(B) by striking subsection (b); and
(C) by redesignating subsections (c) through (f) as
subsections (b) through (e), respectively;
(2) in section 1702(a)(1), by striking ``hereafter in this
title'' and inserting ``in this section'';
(3) in section 1703, in subsections (a) and (c), by striking
``the facility'' and inserting ``the James A. Lovell Federal Health
Care Center'';
(4) in section 1704--
(A) in subsections (a)(3), (a)(4)(A), and (b)(1), by
striking ``the facility'' and inserting ``the James A. Lovell
Federal Health Care Center''; and
(B) in subsection (e), as most recently amended by section
731 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232), by striking
``September 30, 2020'' and inserting ``September 30, 2021'';
(5) in section 1705--
(A) in subsection (a), by striking ``the facility'' and
inserting ``the James A. Lovell Federal Health Care Center (in
this section referred to as the `JALFHCC')'';
(B) in subsection (b), in the matter preceding paragraph
(1), by striking ``the facility'' and inserting ``the
JALFHCC''; and
(C) in subsection (c)--
(i) by striking ``the facility'' each place it appears
and inserting ``the JALFHCC''; and
(ii) by adding at the end the following new paragraph:
``(4) To permit the JALFHCC to enter into personal services
contracts to carry out health care responsibilities in the JALFHCC
to the same extent and subject to the same conditions and
limitations as apply under section 1091 of title 10, United States
Code, to the Secretary of Defense with respect to health care
responsibilities in medical treatment facilities of the Department
of Defense.''.
SEC. 733. APPOINTMENT OF NON-EX OFFICIO MEMBERS OF THE HENRY M.
JACKSON FOUNDATION FOR THE ADVANCEMENT OF MILITARY MEDICINE.
(a) Appointment by Non-ex Officio Members.--Subparagraph (C) of
paragraph (1) of section 178(c) of title 10, United States Code, is
amended to read as follows:
``(C) six members, each of whom shall be appointed at the
expiration of the term of a member appointed under this
subparagraph, as provided for in paragraph (2), by the members
currently serving on the Council pursuant to this subparagraph and
paragraph (2), including the member whose expiring term is so being
filled by such appointment.''.
(b) Repeal of Obsolete Authority Establishing Staggered Terms.--
Paragraph (2) of such section is amended--
(1) by striking ``except that--'' and all that follows through
``any person'' and inserting ``except that any person'';
(2) by striking ``; and'' and inserting a period; and
(3) by striking subparagraph (B).
(c) Effective Date.--
(1) In general.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
(2) Construction for current members.--Nothing in the
amendments made by this section shall be construed to terminate or
otherwise alter the appointment or term of service of members of
the Henry M. Jackson Foundation for the Advancement of Military
Medicine who are so serving on the date of the enactment of this
Act pursuant to an appointment under paragraph (1)(C) or (2) of
section 178(c) of title 10, United States Code, made before that
date.
SEC. 734. ESTABLISHMENT OF ACADEMIC HEALTH SYSTEM IN NATIONAL
CAPITAL REGION.
(a) In General.--Chapter 104 of title 10, United States Code, is
amended by inserting after section 2113a the following new section:
``Sec. 2113b. Academic Health System
``(a) In General.--The Secretary of Defense may establish an
Academic Health System to integrate the health care, health professions
education, and health research activities of the military health
system, including under this chapter, in the National Capital Region.
``(b) Leadership.--(1) The Secretary may appoint employees of the
Department of Defense to leadership positions in the Academic Health
System established under subsection (a).
``(2) Such positions may include responsibilities for management of
the health care, health professions education, and health research
activities described in subsection (a) and are in addition to similar
leadership positions for members of the armed forces.
``(c) National Capital Region Defined.--In this section, the term
`National Capital Region' means the area, or portion thereof, as
determined by the Secretary, in the vicinity of the District of
Columbia.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 104 of such title is amended by inserting after the item
relating to section 2113a the following new item:
``2113b. Academic Health System.''.
SEC. 735. PROVISION OF VETERINARY SERVICES BY VETERINARY
PROFESSIONALS OF THE DEPARTMENT OF DEFENSE IN EMERGENCIES.
(a) In General.--Chapter 53 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1060c. Provision of veterinary services in emergencies
``(a) In General.--A veterinary professional described in
subsection (b) may provide veterinary services for the purposes
described in subsection (c) in any State, the District of Columbia, or
a territory or possession of the United States, without regard to where
such veterinary professional or the patient animal are located, if the
provision of such services is within the scope of the authorized duties
of such veterinary professional for the Department of Defense.
``(b) Veterinary Professional Described.--A veterinary professional
described in this subsection is an individual who is--
``(1)(A) a member of the armed forces, a civilian employee of
the Department of Defense, or otherwise credentialed and privileged
at a Federal veterinary institution or location designated by the
Secretary of Defense for purposes of this section; or
``(B) a member of the National Guard performing training or
duty under section 502(f) of title 32;
``(2) certified as a veterinary professional by a certification
recognized by the Secretary of Defense; and
``(3) currently licensed by a State, the District of Columbia,
or a territory or possession of the United States to provide
veterinary services.
``(c) Purposes Described.--The purposes described in this
subsection are veterinary services in response to any of the following:
``(1) A national emergency declared by the President pursuant
to the National Emergencies Act (50 U.S.C. 1601 et seq.).
``(2) A major disaster or an emergency (as those terms are
defined in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122)).
``(3) A public health emergency declared by the Secretary of
Health and Human Services under section 319 of the Public Health
Service Act (42 U.S.C. 247d).
``(4) An extraordinary emergency, as determined by the
Secretary of Agriculture under section 10407(b) of the Animal
Health Protection Act (7 U.S.C. 8306(b)).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 53 of such title is amended by inserting after the item
relating to section 1060b the following new item:
``1060c. Provision of veterinary services in emergencies.''.
SEC. 736. THREE-YEAR EXTENSION OF AUTHORITY TO CONTINUE THE DOD-VA
HEALTH CARE SHARING INCENTIVE FUND.
Section 8111(d)(3) of title 38, United States Code, is amended by
striking ``September 30, 2020'' and inserting, ``September 30, 2023''.
SEC. 737. PRESERVATION OF RESOURCES OF THE ARMY MEDICAL RESEARCH
AND MATERIEL COMMAND AND CONTINUATION AS CENTER OF EXCELLENCE.
(a) In General.--The Secretary of Defense shall preserve the
resources of the Army Medical Research and Materiel Command for use by
such command, which shall include manpower and funding, at not less
than the level of such resources as of the date of the enactment of
this Act until September 30, 2022.
(b) Transfer of Funds.--On October 1, 2022, all amounts available
for the Army Medical Research and Materiel Command shall be transferred
from accounts for research, development, test, and evaluation for the
Army to accounts for the Defense Health Program.
(c) Continuation as Center of Excellence.--After September 30,
2022, the Army Medical Research and Materiel Command and Fort Detrick
shall continue to serve as a Center of Excellence for Joint Biomedical
Research, Development and Acquisition Management for efforts undertaken
under the Defense Health Program.
SEC. 738. ENCOURAGEMENT OF PARTICIPATION IN WOMEN'S HEALTH
TRANSITION TRAINING PILOT PROGRAM.
(a) Encouragement of Participation.--The Secretaries of the
military departments shall encourage female members of the Armed Forces
who are separating or retiring from the Armed Forces during fiscal year
2020 to participate in the Women's Health Transition Training pilot
program (in this section referred to as the ``pilot program'')
administered by the Secretary of Veterans Affairs.
(b) Selection.--Each Secretary of a military department shall
select at least one location at which the pilot program is offered and
encourage participation in the pilot program at such location.
(c) Report.--Not later than September 30, 2020, the Secretary of
Defense, in consultation with the Secretary of Veterans Affairs, shall
submit to the Committees on Armed Services of the Senate and the House
of Representatives and the Committees on Veterans' Affairs of the
Senate and House of Representatives a report on the pilot program that
includes the following:
(1) For the period since the commencement of the pilot
program--
(A) the number of courses held under the pilot program;
(B) the locations at which such courses were held; and
(C) for each location identified in subparagraph (B)--
(i) the number of female members by military department
(with respect to Department of the Navy, separately for the
Navy and Marine Corps) who participated in the pilot
program; and
(ii) the number of seats available under the pilot
program.
(2) Data relating to--
(A) satisfaction with courses held under the pilot program;
(B) improved awareness of health care services administered
by the Secretary of Veterans Affairs; and
(C) any other available statistics regarding the pilot
program.
(3) A discussion of regulatory, legal, or resource barriers
to--
(A) making the pilot program permanent to enable access by
a greater number of female members at locations throughout the
United States;
(B) offering the pilot program online for female members
who are unable to attend courses held under the pilot program
in person; and
(C) providing for automatic enrollment of participants in
the pilot program in the patient enrollment system of the
Department of Veterans Affairs established and operated under
section 1705 of title 38, United States Code.
SEC. 739. NATIONAL GUARD SUICIDE PREVENTION PILOT PROGRAM.
(a) Pilot Program Authorized.--The Chief of the National Guard
Bureau may carry out a pilot program to expand suicide prevention and
intervention efforts at the community level through the use of a mobile
application that provides the capability for a member of the National
Guard to receive prompt support, including access to a behavioral
health professional, on a smartphone, tablet computer, or other
handheld mobile device.
(b) Elements.--The pilot program shall include, subject to such
conditions as the Secretary may prescribe--
(1) the use by members of the National Guard of an existing
mobile application that provides the capability described in
subsection (a); or
(2) the development and use of a new mobile application that
provides such capability.
(c) Eligibility and Participation Requirements.--The Chief of the
National Guard Bureau shall establish requirements with respect to
eligibility and participation in the pilot program.
(d) Assessment Prior to Pilot Program Commencement.--Prior to
commencement of the pilot program, the Chief of the National Guard
Bureau shall--
(1) conduct an assessment of existing prevention and
intervention efforts of the National Guard in each State that
include the use of mobile applications that provide the capability
described in subsection (a) to determine best practices for
providing immediate and localized care through the use of such
mobile applications; and
(2) determine the feasibility of expanding existing programs on
a national scale.
(e) Responsibilities of Entities Participating in Pilot Program.--
Each entity that participates in the pilot program shall--
(1) share best practices with other entities participating in
the program; and
(2) annually assess outcomes with respect to members of the
National Guard.
(f) Term.--The pilot program shall terminate on the date that is
three years after the date on which the pilot program commenced.
(g) Reports.--
(1) Initial report.--If the Chief of the National Guard Bureau
commences the pilot program authorized under subsection (a), not
later than 180 days after the date of the commencement of such
program, the Chief shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report containing
a description of the pilot program and such other matters as the
Chief considers appropriate.
(2) Final report.--
(A) In general.--Not later than 180 days after the
termination of the pilot program, the Chief of the National
Guard Bureau shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on such
pilot program.
(B) Matters included.--The report under subparagraph (A)
shall include the following:
(i) A description of the pilot program, including any
partnerships entered into by the Chief of the National
Guard Bureau under the program.
(ii) An assessment of the effectiveness of the pilot
program.
(iii) A description of costs associated with the
implementation of the pilot program.
(iv) The estimated costs of making the pilot program
permanent.
(v) A recommendation as to whether the pilot program
should be extended or made permanent.
(vi) Such other recommendations for legislative or
administrative action as the Chief of the National Guard
Bureau considers appropriate.
(h) State Defined.--In this section, the term ``State'' means each
of the several States, the District of Columbia, the Commonwealth of
Puerto Rico, American Samoa, Guam, the United States Virgin Islands,
and the Commonwealth of the Northern Mariana Islands.
SEC. 740. PILOT PROGRAM ON CIVILIAN AND MILITARY PARTNERSHIPS TO
ENHANCE INTEROPERABILITY AND MEDICAL SURGE CAPABILITY AND
CAPACITY OF NATIONAL DISASTER MEDICAL SYSTEM.
(a) In General.--The Secretary of Defense may carry out a pilot
program to establish partnerships with public, private, and nonprofit
health care organizations, institutions, and entities in collaboration
with the Secretary of Veterans Affairs, the Secretary of Health and
Human Services, the Secretary of Homeland Security, and the Secretary
of Transportation to enhance the interoperability and medical surge
capability and capacity of the National Disaster Medical System under
section 2812 of the Public Health Service Act (42 U.S.C. 300hh-11) in
the vicinity of major aeromedical and other transport hubs and
logistics centers of the Department of Defense.
(b) Duration.--The Secretary of Defense may carry out the pilot
program under subsection (a) for a period of not more than five years.
(c) Locations.--The Secretary shall carry out the pilot program
under subsection (a) at not fewer than five aeromedical or other
transport hub regions or logistics centers in the United States.
(d) Requirements.--In establishing partnerships under the pilot
program under subsection (a), the Secretary, in collaboration with the
Secretary of Veterans Affairs, the Secretary of Health and Human
Services, the Secretary of Homeland Security, and the Secretary of
Transportation, shall establish requirements under such partnerships
for staffing, specialized training, medical logistics, telemedicine,
patient regulating, movement, situational status reporting, tracking,
and surveillance.
(e) Evaluation Metrics.--The Secretary of Defense shall establish
metrics to evaluate the effectiveness of the pilot program under
subsection (a).
(f) Reports.--
(1) Initial report.--
(A) In general.--Not later than 180 days after the
commencement of the pilot program under subsection (a), the
Secretary shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
pilot program.
(B) Elements.--The report required by subparagraph (A)
shall include the following:
(i) A description of the pilot program.
(ii) The requirements established under subsection (d).
(iii) The evaluation metrics established under
subsection (e).
(iv) Such other matters relating to the pilot program
as the Secretary considers appropriate.
(2) Final report.--
(A) In general.--Not later than 180 days after completion
of the pilot program under subsection (a), the Secretary shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the pilot program.
(B) Elements.--The report required by subparagraph (A)
shall include the following:
(i) A description of the pilot program, including the
partnerships established under the pilot program as
described in subsection (a).
(ii) An assessment of the effectiveness of the pilot
program.
(iii) An assessment of the cost of the pilot program
and an estimate of the cost of making the pilot program a
permanent part of the budget of the Department of Defense.
(iv) Such recommendations for legislative or
administrative action as the Secretary considers
appropriate in light of the pilot program, including
recommendations for extending or making permanent the
authority for the pilot program.
SEC. 741. REPORTS ON SUICIDE AMONG MEMBERS OF THE ARMED FORCES AND
SUICIDE PREVENTION PROGRAMS AND ACTIVITIES OF THE DEPARTMENT OF
DEFENSE.
(a) Department of Defense Reports on Suicide Among Members of the
Armed Forces.--
(1) Reports required.--Not later than 90 days after the date of
the enactment of this Act, and annually thereafter through January
31, 2021, the Secretary of Defense shall submit to the Committees
on Armed Services of the House of Representatives and the Senate a
report on suicide among members of the Armed Forces during the year
preceding the date of the report.
(2) Matters included.--Each report under paragraph (1) shall
include the following with respect to the year covered by the
report:
(A) The number of suicides, attempted suicides, and known
cases of suicidal ideation involving a member of the Armed
Forces, including the reserve components thereof, listed by
Armed Force.
(B) The number of suicides, attempted suicides, or known
cases of suicidal ideation identified under subparagraph (A)
that occurred during each of the following periods:
(i) The first 180 days of the member serving in the
Armed Forces.
(ii) The period in which the member is deployed in
support of a contingency operation.
(C) With respect to the number of suicides, attempted
suicides, or known cases of suicidal ideation identified under
subparagraph (B)(i), the initial recruit training location of
the member.
(D) The number of suicides involving a dependent of a
member.
(E) A description of any research collaborations and data
sharing by the Department of Defense with the Department of
Veterans Affairs, other departments or agencies of the Federal
Government, academic institutions, or nongovernmental
organizations.
(F) Identification of a research agenda for the Department
of Defense to improve the evidence base on effective suicide
prevention treatment and risk communication.
(G) The availability and usage of the assistance of
chaplains, houses of worship, and other spiritual resources for
members of the Armed Forces who identify as religiously
affiliated and have attempted suicide, have experienced
suicidal ideation, or are at risk of suicide, and metrics on
the impact these resources have in assisting religiously-
affiliated members who have access to and utilize them compared
to religiously-affiliated members who do not.
(H) A description of the effectiveness of the policies
developed pursuant to section 567 of the Carl Levin and Howard
P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 10 U.S.C. 1071 note) and
section 582 of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 1071 note),
including with respect to--
(i) metrics identifying effective treatment modalities
for members of the Armed Forces who are at risk for suicide
(including any clinical interventions involving early
identification and treatment of such members);
(ii) metrics for the rate of integration of mental
health screenings and suicide risk and prevention for
members during the delivery of primary care for such
members;
(iii) metrics relating to the effectiveness of suicide
prevention and resilience programs and preventative
behavioral health programs of the Department of Defense
(including those of the military departments and the Armed
Forces); and
(iv) metrics evaluating the training standards for
behavioral health care providers to ensure that such
providers have received training on clinical best practices
and evidence-based treatments.
(b) GAO Report on Suicide Prevention Programs and Activities.--
(1) Report required.--Not later than 240 days after the date of
the enactment of this Act, the Comptroller General of the United
States shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on the programs
and activities of the Department of Defense and the Armed Forces
for the prevention of suicide among members of the Armed Forces
(including the reserve components) and their families.
(2) Elements.--The report under paragraph (1) shall include the
following:
(A) A description of the current programs and activities of
the Department of Defense and the Armed Forces for the
prevention of suicide among members of the Armed Forces and
their families.
(B) An assessment whether the programs and activities
described pursuant to subparagraph (A)--
(i) are evidence-based and incorporate best practices
identified in peer-reviewed medical literature;
(ii) are appropriately resourced; and
(iii) deliver outcomes that are appropriate relative to
peer activities and programs (including those undertaken in
the civilian community and in military forces of other
countries).
(C) A description and assessment of any impediments to the
effectiveness of such programs and activities.
(D) Such recommendations as the Comptroller General
considers appropriate for improvements to such programs and
activities.
(E) Such recommendations as the Comptroller General
considers appropriate for additional programs and activities
for the prevention of suicide among members of the Armed Forces
and their families.
SEC. 742. MODIFICATION OF REQUIREMENTS FOR LONGITUDINAL MEDICAL
STUDY ON BLAST PRESSURE EXPOSURE OF MEMBERS OF THE ARMED FORCES
AND COLLECTION OF EXPOSURE INFORMATION.
(a) Modification of Study.--Section 734 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat.
1444) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``; and'' and inserting a
semicolon;
(B) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(4) assess the feasibility and advisability of--
``(A) uploading the data gathered from the study into the
Defense Occupational and Environmental Health Readiness System
- Industrial Hygiene (DOEHRS-IH) or similar system;
``(B) allowing personnel of the Department of Defense and
the Department of Veterans Affairs to have access to such
system; and
``(C) ensuring such data is interoperable and can be
uploaded into the MHS Genesis electronic health record or
successor system of the Department of Defense.''; and
(2) in subsection (c)--
(A) by redesignating paragraph (2) as paragraph (3); and
(B) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Annual status report.--Not later than January 1 of each
year during the period beginning on the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2020 and
ending on the completion of the study under subsection (a), the
Secretary shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a status report on the
study.''.
(b) Collection of Exposure Information.--The Secretary of Defense
shall collect blast exposure information with respect to a member of
the Armed Forces in a manner--
(1) consistent with blast exposure measurement training
guidance of the Department of Defense, including any guidance
developed pursuant to--
(A) the longitudinal medical study on blast pressure
exposure required by section 734 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131
Stat. 1444); and
(B) the review of guidance on blast exposure during
training required by section 253 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232; 10 U.S.C. 2001 note prec.);
(2) compatible with training and operational objectives of the
Department; and
(3) that is automated, to the extent practicable, to minimize
the reporting burden of unit commanders.
SEC. 743. STUDY AND PLAN ON THE USE OF MILITARY-CIVILIAN INTEGRATED
HEALTH DELIVERY SYSTEMS.
(a) Study.--The Secretary of Defense shall conduct a study on the
use of local military-civilian integrated health delivery systems
pursuant to section 706 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 1096 note). The study
shall examine the following:
(1) Geographic locations where military medical treatment
facilities have existing contractual relationships with local
civilian health care networks, including Fort Drum, New York, Joint
Base McGuire-Dix-Lakehurst, New Jersey, Joint Base Lewis-McCord,
Washington, Fort Leonard Wood, Missouri, Elmendorf Air Force Base,
Alaska, Fort Sill, Oklahoma, Tripler Army Medical Center, Hawaii,
the National Capital Region, and similar locations.
(2) Health care activities that promote value-based care,
measurable health outcomes, patient safety, timeliness of
referrals, and transparent communication with covered
beneficiaries.
(3) Locations where health care providers of the Department of
Defense may be able to attain critical wartime readiness skills in
a local integrated military-civilian integrated health delivery
system.
(4) The cost of providing care under an integrated military-
civilian integrated health delivery system as compared to health
care provided by a managed care support contractor.
(b) Plan.--The Secretary of Defense shall develop a plan for the
further development of the use of local military-civilian integrated
health delivery systems by the Department of Defense.
(c) Submission.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate--
(1) a report on the results of the study under subsection (a);
and
(2) the plan developed under subsection (b).
(d) Definitions.--In this section:
(1) The term ``covered beneficiaries'' has the meaning given
that term in section 1072 of title 10, United States Code.
(2) The term ``National Capital Region'' has the meaning given
that term in section 2674 of title 10, United States Code.
SEC. 744. STUDY ON CASE MANAGEMENT IN THE MILITARY HEALTH SYSTEM.
(a) Study.--The Secretary of Defense shall conduct a study on the
effectiveness of case management practices in the military health
system. The study shall include the following:
(1) A standardized definition of case management.
(2) An evaluation of case management practices provided by the
military departments before and during the transition of the
administration of military medical treatment facilities to the
Defense Health Agency pursuant to section 1073c of title 10, United
States Code.
(3) A discussion of the metrics used in determining the
effectiveness and cost of case management.
(4) An evaluation of the case management and outreach provided
by the managed care support contractors supporting the Defense
Health Agency, including with respect to--
(A) the intervals at which patients are contacted;
(B) the role of the case manager in coordination;
(C) the approximate number of patients managed by a case
manager; and
(D) any other best practices relating to case management
that would improve the experience of care across the military
health system.
(5) A review of case management best practices in the private
sector, including with respect to--
(A) the intervals at which patients should be contacted;
(B) the role of the case manager in coordination;
(C) the approximate number of patients managed by a case
manager; and
(D) any other best practices relating to case management
that would improve the experience of care across the military
health system.
(6) The results of discussions with covered beneficiaries (as
defined in section 1072 of title 10, United States Code) at not
less than four public forums held in different geographic areas,
relating to the satisfaction of such covered beneficiaries with
case management and outreach provided by the Defense Health Agency
and the military departments in military medical treatment
facilities.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the House of Representatives and the
Senate a report on the results of the study under subsection (a).
SEC. 745. REPORT ON GLOBAL HEALTH SECURITY STRATEGY AND THE
NATIONAL BIODEFENSE SECURITY.
(a) Report.--Not later than 180 days after the date on which the
Comptroller General of the United States publishes a review of the
National Biodefense Strategy, the Secretary of Defense shall submit to
the appropriate congressional committees a report on the implementation
of the Global Health Security Strategy and the National Biodefense
Strategy.
(b) Elements.--The report under subsection (a) shall, at a
minimum--
(1) designate the individual and offices responsible for
overseeing the implementation of each strategy referred to in
subsection (a) within the Department of Defense;
(2) detail actions that the Department is taking to support
implementation of the Global Health Security Agenda;
(3) detail actions taken to coordinate the efforts of the
Department with the other agencies responsible for the Global
Health Security Strategy and National Biodefense Strategy; and
(4) with respect to the review of the National Biodefense
Strategy conducted by the Comptroller General--
(A) detail the recommendations in the review that the
Secretary plans on or is currently implementing;
(B) specify the official implementing such recommendations
and the actions the official is taking to implement the
recommendations;
(C) specify the recommendations in the review that the
Secretary has determined not to implement; and
(D) explain the rationale of the Secretary with respect to
not implementing such recommendations.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Affairs, the Committee on Energy
and Commerce, and the Committee on Homeland Security of the House
of Representatives; and
(3) the Committee on Foreign Relations, the Committee on
Health, Education, Labor, and Pensions, and the Committee on
Homeland Security and Governmental Affairs of the Senate.
SEC. 746. STUDY ON ESTABLISHMENT OF WOUNDED WARRIOR SERVICE DOG
PROGRAM.
(a) Study.--Not later than one year after the date of the enactment
of this Act, the Secretary of Defense shall conduct a study on the
feasibility of establishing a wounded warrior service dog program.
(b) Elements.--The study under subsection (a) shall include the
following:
(1) An assessment of the need and feasibility of establishing a
wounded warrior service dog program.
(2) With respect to a nonprofit organization seeking a grant
under a wounded warrior service dog program, an assessment of the
feasibility of requiring that the organization--
(A) specify the training requirements for covered members;
(B) detail the training of dogs that will serve as
assistance dogs;
(C) establish a database--
(i) to track whether a dog has prior experience as a
military working dog, service dog, or assistance dog; and
(ii) that contains a designation for each dog with
prior experience as a military working dog;
(D) describe the aftercare services that the organization
will provide to assistance dogs and covered members; and
(E) possess the appropriate accreditation standards for
assistance dogs, as the Secretary determines appropriate.
(3) A list of locations at which the greatest number of covered
members are likely to participate in a wounded warrior service dog
program.
(4) An estimate of the costs required to create a wounded
warrior service dog program.
(5) A list of peer reviewed articles and other appropriate
studies that examine the clinical effectiveness of assistance dogs
with respect to the treatment of patients with disabilities.
(c) Definitions.--In this section:
(1) Assistance dog.--
(A) In general.--The term ``assistance dog'' means a dog
specifically trained to perform physical tasks to mitigate the
effects of a disability described in subparagraph (B), except
that the term does not include a dog specifically trained for
comfort or personal defense.
(B) Disability described.--A disability described in this
subparagraph is any of the following:
(i) Blindness or visual impairment.
(ii) Loss of limb, paralysis, or other significant
mobility issues.
(iii) Loss of hearing.
(iv) Traumatic brain injury.
(v) Post-traumatic stress disorder.
(vi) Any other disability that the Secretary of Defense
considers appropriate.
(2) Covered member.--The term ``covered member'' means a member
of the Armed Forces who is--
(A) receiving medical treatment, recuperation, or therapy
under chapter 55 of title 10, United States Code;
(B) in medical hold or medical holdover status; or
(C) covered under section 1202 or 1205 of title 10, United
States Code.
(3) Wounded warrior service dog program.--The term ``wounded
warrior service dog program'' means a pilot program under which the
Secretary of Defense awards competitive grants to non-profit
organizations that would assist such organizations in the planning,
designing, establishing, or operating (or any combination thereof)
of programs to provide assistance dogs to covered members.
SEC. 747. GAO REPORT ON DEPARTMENT OF DEFENSE QUALITY ASSURANCE
PROGRAM AND IMPACTS OF MEDICAL MALPRACTICE ACTIONS.
Not later than January 1, 2021, the Comptroller General of the
United States shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report containing the
following:
(1) An assessment of the effectiveness of the quality assurance
program of the Department of Defense in querying and monitoring the
National Practitioner Data Bank established pursuant to the Health
Care Quality Improvement Act of 1986 (42 U.S.C. 11101 et seq.) with
respect to--
(A) recruitment and retention of military service medical
providers;
(B) hiring or contracting of civilian medical providers in
military medical treatment facilities;
(C) recording of adverse privileging and credentialing
actions of such military service medical providers and civilian
medical providers; and
(D) any other matters relating to ensuring the highest
quality of care is provided throughout the military health
system.
(2) An analysis that includes--
(A) with respect to military health system patients, a
comparison of outcomes for such patients who may bring an
action against the Federal Government for negligence or
malpractice and outcomes for such patients who may not bring
such an action, based on an examination of all relevant data
relating to clinical outcome measures and clinical quality
management process actions; and
(B) a comparison of--
(i) the elements and average amounts of death and
disability compensation that apply regardless of the
underlying cause of the death or disability; and
(ii) the elements and average amounts of settlements
that result from medical malpractice litigation against the
Federal Government.
SEC. 748. REPORTS ON MILLENNIUM COHORT STUDY RELATING TO WOMEN
MEMBERS OF THE ARMED FORCES.
(a) Annual Reports Required.--Not later than 180 days after the
date of the enactment of this Act, and annually thereafter through
January 31, 2022, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on findings of the Millennium Cohort Study
relating to the gynecological and perinatal health of women members of
the Armed Forces.
(b) Matters Included.--Each report under subsection (a) shall
include, at a minimum--
(1) a summary of general findings of the Millennium Cohort
Study pertaining to gynecological and perinatal health, including
diseases, disorders, and conditions that affect the functioning of
reproductive systems, maternal mortality and severe maternal
morbidity, birth defects, developmental disorders, low birth
weight, preterm birth, reduced fertility, menstrual disorders, and
other health concerns; and
(2) identification of--
(A) all research projects that have concluded during the
year covered by the report and the outcomes of such projects;
(B) areas in which the Millennium Cohort Study can increase
efforts to capture data and produce studies in the field of
gynecological and perinatal health of women members of the
Armed Forces; and
(C) activities underway to achieve such efforts.
(c) Millennium Cohort Study Defined.--In this section, the term
``Millennium Cohort Study'' means the longitudinal study authorized
under section 743 of the Strom Thurmond National Defense Authorization
Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2074) to
evaluate data on the health conditions of members of the Armed Forces
upon the return of the members from deployment.
SEC. 749. STUDY ON EFFECTS OF SLEEP DEPRIVATION ON READINESS OF
MEMBERS OF THE ARMED FORCES.
(a) Study.--The Secretary of Defense shall conduct a study on the
effects of sleep deprivation on the readiness of members of the Armed
Forces.
(b) Elements.--The study under subsection (a) shall include the
following:
(1) A standardized definition of sleep deprivation.
(2) An assessment of the prevalence of sleep deprivation on
members of the Armed Forces related to circadian rhythm
disturbances from crossing multiple time zones, mission related
maladaptive sleep practices, uncomfortable or otherwise
inhospitable sleeping environments, and the use of stimulants and
hypnotics to support operational tempo.
(3) An assessment of whether there may be a relationship
between sleep deprivation and medical conditions such as traumatic
brain injury, post-traumatic stress disorder, and depression.
(4) Recommendations on efforts to mitigate sleep deprivation
described in paragraphs (2) and (3).
(c) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the results of the study under subsection
(a).
SEC. 750. STUDY AND REPORT ON TRAUMATIC BRAIN INJURY MITIGATION
EFFORTS.
(a) Study.--The Secretary of Defense shall conduct a meta-analysis
of evidence-based traumatic brain injury mitigation efforts by the
Secretary and related Federal agency partners, and efforts discussed in
academic literature, that have demonstrated the best clinical
effectiveness in the treatment of members of the Armed Forces for
traumatic brain injury.
(b) Roadmap.--The Secretary shall develop and include in the study
under subsection (a) a roadmap for implementation across the military
health system of measures that address, with respect to the treatment
of members for traumatic brain injury--
(1) the process for receiving such treatment;
(2) patient outcomes;
(3) cost;
(4) patient and command satisfaction with such treatment; and
(5) structured documentation to monitor system-wide
implementation of the measures developed pursuant to paragraphs (1)
through (4).
(c) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the results of the study under subsection
(a).
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 800. Authority for continuous integration and delivery of software
applications and upgrades to embedded systems.
Sec. 801. Pilot program on intellectual property evaluation for
acquisition programs.
Sec. 802. Pilot program to use alpha contracting teams for complex
requirements.
Sec. 803. Failure to provide other than certified cost or pricing data
upon request.
Sec. 804. Comptroller General report on price reasonableness.
Sec. 805. Limitation on transfer of funds related to cost overruns and
cost underruns.
Sec. 806. Standardizing data collection and reporting on use of source
selection procedures by Federal agencies.
Sec. 807. Department of Defense use of fixed-price contracts.
Sec. 808. Repeal of continuation of data rights during challenges.
Sec. 809. Repeal of authority to waive acquisition laws to acquire vital
national security capabilities.
Sec. 810. Repeal of the Defense Cost Accounting Standards Board.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 815. Modification of Director of Operational Test and Evaluation
report.
Sec. 816. Modification of written approval requirement for task and
delivery order single contract awards.
Sec. 817. Responsibility for data analysis and requirements validation
for services contracts.
Sec. 818. Documentation of market research related to commercial item
determinations.
Sec. 819. Availability of data on the use of other transaction authority
and report on the use of authority to carry out prototype
projects.
Sec. 820. Notification of Navy procurement production disruptions.
Sec. 821. Modification to acquisition authority of the Commander of the
United States Cyber Command.
Sec. 822. Extension of Never Contract With the Enemy.
Sec. 823. Modification of justification and approval requirement for
certain Department of Defense contracts.
Sec. 824. Extension of sunset relating to Federal Data Center
Consolidation Initiative.
Sec. 825. Pilot program to accelerate contracting and pricing processes.
Sec. 826. Uniformity in application of micro-purchase threshold to
certain task or delivery orders.
Sec. 827. Requirement for cost estimates on models of commercial e-
commerce portal program.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
Sec. 830. Modification of requirements for reporting to Congress on
certain acquisition programs.
Sec. 831. Pilot program to streamline decision-making processes for
weapon systems.
Sec. 832. Analysis of alternatives pursuant to materiel development
decisions.
Sec. 833. Naval vessel certification required before Milestone B
approval.
Subtitle D--Provisions Relating to the Acquisition System
Sec. 835. Extramural acquisition innovation and research activities.
Sec. 836. Report on realignment of the defense acquisition system to
implement acquisition reforms.
Sec. 837. Report and limitation on the availability of funds relating to
the ``middle tier'' of acquisition programs.
Sec. 838. Report on intellectual property policy and the cadre of
intellectual property experts.
Sec. 839. Guidance and reports relating to covered defense business
systems.
Sec. 840. Implementation guidance for use of a modular open system
approach.
Sec. 841. Limitation on availability of funds for the Office of the
Chief Management Officer of the Department of Defense.
Subtitle E--Industrial Base Matters
Sec. 845. Modernization of acquisition processes to ensure integrity of
industrial base.
Sec. 846. Report requirements for the national technology and industrial
base.
Sec. 847. Mitigating risks related to foreign ownership, control, or
influence of Department of Defense contractors or
subcontractors.
Sec. 848. Prohibition on operation or procurement of foreign-made
unmanned aircraft systems.
Sec. 849. Modification of prohibition on acquisition of sensitive
materials from non-allied foreign nations.
Sec. 850. Acquisition and disposal of certain rare earth materials.
Sec. 851. Pilot program for development of technology-enhanced
capabilities with partnership intermediaries.
Sec. 852. Authorized official to carry out the procurement technical
assistance cooperative agreement program.
Sec. 853. Requirement that certain ship components be manufactured in
the national technology and industrial base.
Sec. 854. Addition of domestically produced stainless steel flatware and
dinnerware to the Berry Amendment.
Sec. 855. Application of miscellaneous technology base policies and
programs to the Columbia-class submarine program.
Sec. 856. Application of limitation on procurement of goods other than
United States goods to the FFG-Frigate Program.
Sec. 857. Sense of Congress regarding consideration of price in
procurement of the FFG(X) frigate.
Subtitle F--Provisions Relating to Acquisition Workforce
Sec. 860. Establishment of Defense Civilian Training Corps.
Sec. 861. Defense acquisition workforce certification, education, and
career fields.
Sec. 862. Software development and software acquisition training and
management programs.
Sec. 863. Modification of temporary assignments of Department of Defense
employees to a private-sector organization.
Sec. 864. Incentives and consideration for qualified training programs.
Sec. 865. Use of qualified apprentices by military construction
contractors.
Subtitle G--Small Business Matters
Sec. 870. Requirements relating to credit for certain small business
concern subcontractors.
Sec. 871. Inclusion of best in class designations in annual report on
small business goals.
Sec. 872. Reauthorization and improvement of Department of Defense
Mentor-Protege Program.
Sec. 873. Accelerated payments applicable to contracts with certain
small business concerns under the Prompt Payment Act.
Sec. 874. Postaward explanations for unsuccessful offerors for certain
contracts.
Sec. 875. Small business contracting credit for subcontractors that are
Puerto Rico businesses or covered territory businesses.
Sec. 876. Technical amendment regarding treatment of certain surviving
spouses under the definition of small business concern owned
and controlled by service-disabled veterans.
Sec. 877. Extension of loan assistance and deferral eligibility to
reservists and members of the National Guard beyond periods of
military conflict.
Sec. 878. Modification to the Defense Research and Development Rapid
Innovation Program.
Sec. 879. Alignment of the Department of Defense Small Business
Innovation Research Program and Small Business Technology
Transfer Program with the National Defense Science and
Technology Strategy.
Sec. 880. Assistance for small business concerns participating in the
SBIR and STTR programs.
Sec. 881. Cybersecurity technical assistance for SBIR and STTR programs.
Sec. 882. Funding for defense research activities of small business
concerns.
Sec. 883. Modifications to budget display requirements for the
Department of Defense Small Business Innovation Research
Program and Small Business Technology Transfer Program.
Sec. 884. Pilot program for domestic investment under the SBIR program.
Subtitle H--Other Matters
Sec. 885. Review of guidance to contractors on nondiscrimination on the
basis of sex.
Sec. 886. Comptroller General report on contractor violations of certain
labor laws.
Sec. 887. Comptroller General report on contingency contracting.
Sec. 888. Policies and procedures for contractors to report gross
violations of internationally recognized human rights.
Sec. 889. Comptroller General report on oversight of contractors
providing private security functions.
Sec. 890. Prohibition on contracting with persons that have business
operations with the Maduro regime.
Sec. 891. Report on the Combating Trafficking in Persons initiative.
Sec. 892. Improved management of information technology and cyberspace
investments.
Sec. 893. Modification to requirements for purchase of commercial
leasing services pursuant to multiple award contracts.
Subtitle A--Acquisition Policy and Management
SEC. 800. AUTHORITY FOR CONTINUOUS INTEGRATION AND DELIVERY OF
SOFTWARE APPLICATIONS AND UPGRADES TO EMBEDDED SYSTEMS.
(a) Software Acquisition and Development Pathways.--The Secretary
of Defense shall establish pathways as described under subsection (b)
to provide for the efficient and effective acquisition, development,
integration, and timely delivery of secure software. Such a pathway
shall include the following:
(1) Use of proven technologies and solutions.--A pathway
established under this section shall provide for the use of proven
technologies and solutions to continuously engineer and deliver
capabilities in software.
(2) Use of authority.--In using the authority under this
section, the Secretary shall consider how such use will--
(A) initiate the engineering of new software capabilities
quickly;
(B) demonstrate the viability and effectiveness of such
capabilities for operational use not later than one year after
the date on which funds are first obligated to acquire or
develop software; and
(C) allow for the continuous updating and delivery of new
capabilities not less frequently than annually to iteratively
meet a requirement.
(3) Treatment not as major defense acquisition program.--
Software acquired or developed using the authority under this
section shall not be treated as a major defense acquisition program
for purposes of section 2430 of title 10, United States Code, or
Department of Defense Directive 5000.01 without the specific
direction of the Under Secretary of Defense for Acquisition and
Sustainment or a Senior Acquisition Executive.
(4) Risk-based approach.--The Secretary of Defense shall use a
risk-based approach for the consideration of innovative
technologies and new capabilities for software to be acquired or
developed under this authority to meet needs communicated by the
Joint Chiefs of Staff and the combatant commanders.
(b) Pathways.--The Secretary of Defense may establish as many
pathways as the Secretary determines appropriate and shall establish
the following pathways:
(1) Applications.--The applications software acquisition
pathway shall provide for the use of rapid development and
implementation of applications and other software or software
improvements operated by the Department of Defense, which may
include applications running on commercial commodity hardware
(including modified hardware) and commercially available cloud
computing platforms.
(2) Embedded systems.--The embedded systems software
acquisition pathway shall provide for the rapid development and
insertion of upgrades and improvements for software embedded in
weapon systems and other military-unique hardware systems.
(c) Expedited Process.--
(1) In general.--A pathway established under subsection (a)
shall provide for--
(A) a streamlined and coordinated requirements, budget, and
acquisition process to support rapid fielding of software
applications and of software upgrades to embedded systems for
operational use in a period of not more than one year from the
time that the process is initiated;
(B) the collection of data on software fielded; and
(C) continuous engagement with the users of software to
support engineering activities, and to support delivery of
software for operational use in periods of not more than one
year.
(2) Expedited software requirements process.--
(A) Inapplicability of joint capabilities integration and
development system (jcids) manual.--Software acquisition or
development conducted under the authority of this section shall
not be subject to the Joint Capabilities Integration and
Development System Manual, except pursuant to a modified
process specifically provided for the acquisition or
development of software by the Vice Chairman of the Joint
Chiefs of Staff, in consultation with Under Secretary of
Defense for Acquisition and Sustainment and each service
acquisition executive (as defined in section 101(a)(10) of
title 10, United States Code).
(B) Inapplicability of defense acquisition system
directive.--Software acquisition or development conducted under
the authority of this section shall not be subject to
Department of Defense Directive 5000.01, except when
specifically provided for the acquisition or development of
software by the Under Secretary of Defense for Acquisition and
Sustainment, in consultation with the Vice Chairman of the
Joint Chiefs of Staff and each service acquisition executive.
(d) Elements.--In implementing a pathway established under the
authority of this section, the Secretary shall tailor requirements
relating to--
(1) iterative development of requirements for software to be
acquired or developed under the authority of this section through
engagement with the user community and through the use of
operational user feedback, in order to continuously define and
update priorities for such requirements;
(2) early identification of the warfighter or user need,
including the rationale for how software capabilities will support
increased lethality and efficiency, and identification of a
relevant user community;
(3) initial contract requirements and format, including the use
of summary-level lists of problems and shortcomings in existing
software and desired features or capabilities of new or upgraded
software;
(4) continuous refinement and prioritization of contract
requirements through use of evolutionary processes, informed by
continuous engagement with operational users throughout the
development and implementation period;
(5) continuous consideration of issues related to lifecycle
costs, technical data rights, and systems interoperability;
(6) planning for support of software capabilities in cases
where the software developer may stop supporting the software;
(7) rapid contracting procedures, including expedited
timeframes for making awards, selecting contract types, defining
teaming arrangements, and defining options;
(8) program execution processes, including supporting
development and test infrastructure, automation and tools, digital
engineering, data collection and sharing with Department of Defense
oversight organizations and with Congress, the role of
developmental and operational testing activities, key decision
making and oversight events, and supporting processes and
activities (such as independent costing activity, operational
demonstration, and performance metrics);
(9) assurances that cybersecurity metrics of the software to be
acquired or developed, such as metrics relating to the density of
vulnerabilities within the code of such software, the time from
vulnerability identification to patch availability, the existence
of common weaknesses within such code, and other cybersecurity
metrics based on widely-recognized standards and industry best
practices, are generated and made available to the Department of
Defense and the congressional defense committees;
(10) administrative procedures, including procedures related to
who may initiate and approve an acquisition under this authority,
the roles and responsibilities of the implementing project or
product teams and supporting activities, team selection and
staffing process, governance and oversight roles and
responsibilities, and appropriate independent technology
assessments, testing, and cost estimation (including relevant
thresholds or designation criteria);
(11) mechanisms and waivers designed to ensure flexibility in
the implementation of a pathway under this section, including the
use of other transaction authority, broad agency announcements, and
other procedures; and
(12) mechanisms the Secretary will use for appropriate
reporting to Congress on the use of this authority, including
notice of initiation of the use of a pathway and data regarding
individual programs or acquisition activities, how acquisition
activities are reflected in budget justification materials or
requests to reprogram appropriated funds, and compliance with other
reporting requirements.
(e) Guidance Required.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall issue initial
guidance to implement the requirements of this section.
(2) Limitation.--If the Secretary of Defense has not issued
final guidance to implement the requirements of this section before
October 1, 2021, the Secretary may not use the authority under this
section--
(A) to establish a new pathway to acquire or develop
software; or
(B) to continue activities to acquire or develop software
using a pathway established under initial guidance described in
paragraph (1).
(f) Report.--
(1) In general.--Not later than October 15, 2020, the Under
Secretary of Defense for Acquisition and Sustainment, in
consultation with the secretaries of the military departments and
other appropriate officials, shall report on the use of the
authority under this section using the initial guidance issued
under subsection (d).
(2) Elements.--The report required under paragraph (1) shall
include the following elements:
(A) The final guidance required by subsection (d)(2),
including a description of the treatment of use of the
authority that was initiated before such final guidance was
issued.
(B) A summary of how the authority under this section has
been used, including a list of the cost estimate, schedule for
development, testing and delivery, and key management risks for
each initiative conducted pursuant to such authority.
(C) Accomplishments from and challenges to using the
authority under this section, including organizational,
cultural, talent, infrastructure, testing, and training
considerations.
(D) Recommendations for legislative changes to the
authority under this section.
(E) Recommendations for regulatory changes to the authority
under this section to promote effective development and
deployment of software acquired or developed under this
section.
SEC. 801. PILOT PROGRAM ON INTELLECTUAL PROPERTY EVALUATION FOR
ACQUISITION PROGRAMS.
(a) Pilot Program.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretaries of
the military departments may jointly carry out a pilot program to
assess mechanisms to evaluate intellectual property (such as technical
data deliverables and associated license rights), including
commercially available intellectual property valuation analysis and
techniques, in acquisition programs for which each such Secretary is
responsible to better understand the benefits associated with these
mechanisms on--
(1) the development of cost-effective intellectual property
strategies;
(2) the assessment and management of the value and acquisition
costs of intellectual property during acquisition and sustainment
activities (including source selection evaluation factors)
throughout the acquisition lifecycle for any acquisition program
selected by such Secretary; and
(3) the use of a commercial product (as defined in section 103
of title 41, United States Code, as in effect on January 1, 2020),
commercial service (as defined in section 103a of title 41, United
States Code, as in effect on January 1, 2020), or nondevelopmental
item (as defined in section 110 of title 41, United States Code) as
an alternative to a product or service to be specifically developed
for a selected acquisition program, including evaluation of the
benefits of reduced risk regarding cost, schedule, and performance
associated with commercial products, commercial services, and
nondevelopmental items.
(b) Activities.--Activities carried out under the pilot program may
include the following:
(1) Establishment of a team of Department of Defense and
private sector subject matter experts (which may include the cadre
of intellectual property experts established under section 2322(b)
of title 10, United States Code) to--
(A) recommend acquisition programs to be selected for the
pilot program established under subsection (a);
(B) recommend criteria for the consideration of types of
commercial products, commercial services, or nondevelopmental
items that can used as an alternative to a product or service
to be specifically developed for a selected acquisition
program; or
(C) identify, to the maximum extent practicable at each
milestone established for each selected acquisition program,
intellectual property evaluation techniques to obtain
quantitative and qualitative analysis of intellectual property
during the procurement, production and deployment, and
operations and support phases for the each selected acquisition
program.
(2) Assessment of commercial valuation techniques for
intellectual property for use by the Department of Defense.
(3) Assessment of the feasibility of agency-level oversight to
standardize intellectual property evaluation practices and
procedures.
(4) Assessment of contracting mechanisms to speed delivery of
intellectual property to the Armed Forces or reduce sustainment
costs.
(5) Assessment of agency acquisition planning to ensure
procurement of appropriate intellectual property deliverables and
intellectual property rights necessary for Government-planned
sustainment activities.
(6) Engagement with the private sector to--
(A) support the development of strategies and program
requirements to aid in acquisition planning for intellectual
property;
(B) support the development and improvement of intellectual
property strategies as part of life-cycle sustainment plans;
and
(C) propose and implement alternative and innovative
methods of intellectual property valuation, prioritization, and
evaluation techniques for intellectual property.
(7) Recommendations to the relevant program manager of an
acquisition program selected under subsection (a), including
evaluation techniques and contracting mechanisms for acquisition
and sustainment activities.
(c) Report.--Not later than November 1, 2020, and annually
thereafter through November 1, 2023, the Secretary of Defense, in
coordination with the Secretaries concerned, shall submit to the
congressional defense committees a joint report on the pilot program
conducted under this section. The report shall, at a minimum, include--
(1) a description of the acquisition programs selected by the
Secretary concerned;
(2) a description of the specific activities in subsection (c)
that were performed under each program;
(3) an assessment of the effectiveness of the activities;
(4) an assessment of improvements to acquisition or sustainment
activities related to the pilot program; and
(5) an assessment of the results related to the pilot program,
including any cost savings and improvement to mission success
during the operations and support phase of the selected acquisition
program.
SEC. 802. PILOT PROGRAM TO USE ALPHA CONTRACTING TEAMS FOR COMPLEX
REQUIREMENTS.
(a) In General.--(1) The Secretary of Defense shall select at least
2, and up to 5, initiatives to participate in a pilot to use teams
that, with the advice of expert third parties, focus on the development
of complex contract technical requirements for services, with each team
focusing on developing achievable technical requirements that are
appropriately valued and identifying the most effective acquisition
strategy to achieve those requirements.
(2) The Secretary shall develop metrics for tracking progress of
the program at improving quality and acquisition cycle time.
(b) Development of Criteria and Initiatives.--(1) Not later than
February 1, 2020, the Secretary of Defense shall establish the pilot
program and notify the congressional defense committees of the criteria
used to select initiatives and the metrics used to track progress.
(2) Not later than May 1, 2020, the Secretary shall notify the
congressional defense committees of the initiatives selected for the
program.
(3) Not later than December 1, 2020, the Secretary shall brief the
congressional defense committees on the progress of the selected
initiatives, including the progress of the initiatives at improving
quality and acquisition cycle time according to the metrics developed
under subsection (a)(2).
SEC. 803. FAILURE TO PROVIDE OTHER THAN CERTIFIED COST OR PRICING
DATA UPON REQUEST.
Section 2306a(d) of title 10, United States Code, is amended--
(1) in paragraph (1), by adding at the end the following:
``Contracting officers shall not determine the price of a contract
or subcontract to be fair and reasonable based solely on historical
prices paid by the Government.'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) Ineligibility for award.--(A) In the event the
contracting officer is unable to determine proposed prices are fair
and reasonable by any other means, an offeror who fails to make a
good faith effort to comply with a reasonable request to submit
data in accordance with paragraph (1) is ineligible for award
unless the head of the contracting activity, or the designee of the
head of contracting activity, determines that it is in the best
interest of the Government to make the award to that offeror, based
on consideration of pertinent factors, including the following:
``(i) The effort to obtain the data.
``(ii) Availability of other sources of supply of the item
or service.
``(iii) The urgency or criticality of the Government's need
for the item or service.
``(iv) Reasonableness of the price of the contract,
subcontract, or modification of the contract or subcontract
based on information available to the contracting officer.
``(v) Rationale or justification made by the offeror for
not providing the requested data.
``(vi) Risk to the Government if award is not made.
``(B)(i) Any new determination made by the head of the
contracting activity under subparagraph (A) shall be reported to
the Principal Director, Defense Pricing and Contracting on a
quarterly basis.
``(ii) The Under Secretary of Defense for Acquisition and
Sustainment, or a designee, shall produce an annual report
identifying offerors that have denied multiple requests for
submission of uncertified cost or pricing data over the preceding
three-year period, but nevertheless received an award. The report
shall identify products or services offered by such offerors that
should undergo should-cost analysis. The Secretary of Defense may
include a notation on such offerors in the system used by the
Federal Government to monitor or record contractor past
performance. The Under Secretary shall assess the extent to which
these offerors are sole source providers within the defense
industrial base and shall develop strategies to incentivize new
entrants into the industrial base to increase the availability of
other sources of supply for the product or service.''.
SEC. 804. COMPTROLLER GENERAL REPORT ON PRICE REASONABLENESS.
Not later than March 31, 2021, the Comptroller General of the
United States shall submit to the congressional defense committees, the
Committee on Oversight and Reform of the House of Representatives, and
the Committee on Homeland Security and Governmental Affairs of the
Senate a report on the efforts of the Secretary of Defense to secure
data relating to the price reasonableness of offers from offerors. The
report shall include a review of--
(1) the number of, and justification for, any waiver of
requirements for submission of certified cost or pricing data for
sole source contracts for spare parts issued during fiscal years
2015 through 2019 pursuant to section 2306a(b)(1)(C) of title 10,
United States Code;
(2) the number of, and justification for, any exception to the
requirements for submission of certified cost or pricing data for
sole source contracts for spare parts provided during fiscal years
2015 through 2019 pursuant to section 2306a(b)(1)(B) of title 10,
United States Code;
(3) the number of contracts awarded for which a request for
cost or pricing data, including data other than certified cost or
pricing data, to determine price reasonableness was denied by an
offeror at the time of award;
(4) actions taken by the Secretary if an offeror refused to
provide requested data described in paragraph (2), including--
(A) whether the contracting officer included a notation in
the system used by the Federal Government to monitor or record
contractor past performance regarding the refusal of an offeror
to provide such data;
(B) any strategies developed by the Secretary to acquire
the good that was the subject of a contract for which the
offeror refused to provide such data in the future without the
need for such a waiver.
SEC. 805. LIMITATION ON TRANSFER OF FUNDS RELATED TO COST OVERRUNS
AND COST UNDERRUNS.
(a) In General.--Section 828(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C.
2430 note) is amended by striking ``For each of fiscal years 2018
through 2022'' and inserting ``For fiscal years 2018 and 2019''.
(b) Technical Amendment.--Section 825 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat.
1466; 10 U.S.C. 2430 note) is amended--
(1) by repealing subsection (b); and
(2) by striking ``(a) In General.--''.
SEC. 806. STANDARDIZING DATA COLLECTION AND REPORTING ON USE OF
SOURCE SELECTION PROCEDURES BY FEDERAL AGENCIES.
(a) Repeal of Government Accountability Office Reporting
Requirements on Use of Lowest Price Technically Acceptable Source
Selection Criteria.--
(1) Department of defense.--Section 813 of the National Defense
Authorization Act for Fiscal Year 2017 (10 U.S.C. 2305 note) is
amended by striking subsection (d).
(2) Other agencies.--Section 880 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1910; 41 U.S.C. 3701 note) is amended by striking
subsection (d) and redesignating subsection (e) as subsection (d).
(b) Revision to the Federal Procurement Data System.--Not later
than 180 days after the date of the enactment of this Act, the
Administrator of General Services, in coordination with the
Administrator for Federal Procurement Policy, shall direct appropriate
revisions to the Federal procurement data system established pursuant
to section 1122(a)(4) of title 41, United States Code (or any successor
system), to facilitate the collection of complete, timely, and reliable
data on the source selection processes used by Federal agencies for the
contract actions being reported in the system. The Administrator of
General Services shall ensure that data are collected--
(1) at a minimum, on the usage of the lowest price technically
acceptable contracting methods and best value contracting methods
process; and
(2) on all applicable contracting actions, including task
orders or delivery orders issued under indefinite delivery-
indefinite quantity contracts.
SEC. 807. DEPARTMENT OF DEFENSE USE OF FIXED-PRICE CONTRACTS.
(a) Department of Defense Review.--
(1) In general.--The Under Secretary of Defense for Acquisition
and Sustainment shall review how the Department of Defense informs
decisions to use fixed-price contracts to support broader
acquisition objectives to ensure that such decisions are made
strategically and consistently. The review should include decisions
on the use of the various types of fixed price contracts, including
fixed-price incentive contracts.
(2) Briefing.--Not later than February 1, 2020, the Under
Secretary shall brief the congressional defense committees on the
findings of the review required under paragraph (1).
(b) Comptroller General Report.--
(1) In general.--Not later than February 1, 2021, the
Comptroller General of the United States shall submit to the
congressional defense committees a report on the Department of
Defense's use of fixed-price contracts, including different types
of fixed-price contracts.
(2) Elements.--The report required under paragraph (1) shall
include the following elements:
(A) A description of the extent to which fixed-price
contracts have been used over time and the conditions in which
they are used.
(B) An assessment of the effects of the decisions to use
fixed-price contract types, such as any additional costs or
savings or efficiencies in contract administration.
(C) An assessment of how decisions to use various types of
fixed-price contracts affects the contract closeout process.
(c) Delayed Implementation of Regulations Requiring the Use of
Fixed-Price Contracts for Foreign Military Sales.--The regulations
prescribed pursuant to section 830(a) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 22 U.S.C.
2762 note) shall not take effect until December 31, 2020. The
regulations as so prescribed shall take into account the findings of
the review conducted under subsection (a)(1).
SEC. 808. REPEAL OF CONTINUATION OF DATA RIGHTS DURING CHALLENGES.
(a) Repeal.--Section 866 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
1901; 10 U.S.C. 2321) is repealed.
(b) Restoration of Amended Provision.--Subsection (i) of section
2321 of title 10, United States Code, is amended to read as follows:
``(i) Rights and Liability Upon Final Disposition.--(1) If, upon
final disposition, the contracting officer's challenge to the use or
release restriction is sustained--
``(A) the restriction shall be cancelled; and
``(B) if the asserted restriction is found not to be
substantially justified, the contractor or subcontractor asserting
the restriction shall be liable to the United States for payment of
the cost to the United States of reviewing the asserted restriction
and the fees and other expenses (as defined in section
2412(d)(2)(A) of title 28) incurred by the United States in
challenging the asserted restriction, unless special circumstances
would make such payment unjust.
``(2) If, upon final disposition, the contracting officer's
challenge to the use or release restriction is not sustained--
``(A) the United States shall continue to be bound by the
restriction; and
``(B) the United States shall be liable for payment to the
party asserting the restriction for fees and other expenses (as
defined in section 2412(d)(2)(A) of title 28) incurred by the party
asserting the restriction in defending the asserted restriction if
the challenge by the United States is found not to be made in good
faith.''.
SEC. 809. REPEAL OF AUTHORITY TO WAIVE ACQUISITION LAWS TO ACQUIRE
VITAL NATIONAL SECURITY CAPABILITIES.
Section 806 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note) is repealed.
SEC. 810. REPEAL OF THE DEFENSE COST ACCOUNTING STANDARDS BOARD.
(a) Repeal.--Section 190 of title 10, United States Code, is
repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of such title is amended by striking the item relating to
section 190.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 815. MODIFICATION OF DIRECTOR OF OPERATIONAL TEST AND
EVALUATION REPORT.
Section 139(h) of title 10, United States Code, is amended--
(1) in paragraph (2), by striking ``, through January 31,
2021'' and inserting ``, through January 31, 2025''; and
(2) by amending paragraph (5) to read as follows:
``(5) The Director shall solicit comments from the Secretaries of
the military departments on each report of the Director to Congress
under this section and include any comments as an appendix to the
Director's report. The Director shall determine the amount of time
available for the Secretaries to comment on the draft report on a case
by case basis, and consider the extent to which substantive discussions
have already been held between the Director and the military
department. The Director shall reserve the right to issue the report
without comment from a military department if the department's comments
are not received within the time provided, and shall indicate any such
omission in the report.''.
SEC. 816. MODIFICATION OF WRITTEN APPROVAL REQUIREMENT FOR TASK AND
DELIVERY ORDER SINGLE CONTRACT AWARDS.
Section 2304a(d)(3) of title 10, United States Code, is amended--
(1) in subparagraph (B), by redesignating clauses (i) and (ii)
as subclauses (I) and (II), respectively;
(2) by redesignating subparagraphs (A), (B), (C), and (D) as
clauses (i), (ii), (iii), and (iv), respectively;
(3) by striking ``No task or delivery order contract'' and
inserting ``(A) Except as provided under subparagraph (B), no task
or delivery order contract''; and
(4) by adding at the end the following new subparagraph:
``(B) A task or delivery order contract in an amount estimated to
exceed $100,000,000 (including all options) may be awarded to a single
source without the written determination otherwise required under
subparagraph (A) if the head of the agency has made a written
determination pursuant to section 2304(c) of this title that procedures
other than competitive procedures may be used for the awarding of such
contract.''.
SEC. 817. RESPONSIBILITY FOR DATA ANALYSIS AND REQUIREMENTS
VALIDATION FOR SERVICES CONTRACTS.
(a) In General.--Section 2329 of title 10, United States Code, is
amended--
(1) in subsection (a), by inserting ``, acting through the
Under Secretary of Defense (Comptroller) and Director of Cost
Assessment and Program Evaluation,'' after ``Secretary of
Defense'';
(2) in subsection (b), in the matter preceding paragraph (1),
by inserting ``, acting through the Under Secretary of Defense
(Comptroller) and Director of Cost Assessment and Program
Evaluation,'' after ``Secretary of Defense''; and
(3) in subsection (c)(2)(A), by inserting ``, acting through
the Under Secretary of Defense (Comptroller) and Director of Cost
Assessment and Program Evaluation,'' after ``Secretary of
Defense''.
(b) Conforming Amendment.--Section 818(b) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 132 Stat. 1852) is amended by striking ``the Under Secretary
of Defense for Acquisition and Sustainment'' and inserting ``the Under
Secretary of Defense (Comptroller) and Director of Cost Assessment and
Program Evaluation''.
SEC. 818. DOCUMENTATION OF MARKET RESEARCH RELATED TO COMMERCIAL
ITEM DETERMINATIONS.
(a) Department of Defense Procurements.--
(1) In general.--Section 2377(c) of title 10, United States
Code, is amended--
(A) by redesignating paragraph (4) as paragraph (5); and
(B) by inserting after paragraph (3) the following new
paragraph:
``(4) The head of an agency shall document the results of
market research in a manner appropriate to the size and complexity
of the acquisition.''.
(2) Conforming amendment related to prospective amendment.--
Section 836(d)(3)(C)(ii) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) is
amended by striking ``in paragraph (4)'' and inserting ``in
paragraph (5)''.
(b) Civilian Agency Procurements.--Section 3307(d) of title 41,
United States Code, is amended by adding at the end the following new
paragraph:
``(4) Documentation.--The head of the agency shall document the
results of market research in a manner appropriate to the size and
complexity of the acquisition.''.
SEC. 819. AVAILABILITY OF DATA ON THE USE OF OTHER TRANSACTION
AUTHORITY AND REPORT ON THE USE OF AUTHORITY TO CARRY OUT
PROTOTYPE PROJECTS.
Section 873 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1905; 10 U.S.C.
2371 note) is amended--
(1) in subsection (b)--
(A) by striking the period at the end and inserting ``;
and'';
(B) by striking ``shall analyze'' and inserting the
following: ``shall--
``(1) analyze''; and
(C) by adding at the end the following new paragraph:
``(2) make the data collected under subsection (a) accessible
to any official designated by the Secretary of Defense for
inclusion by such official in relevant reports made by such
official.''; and
(2) by amending subsection (c) to read as follows:
``(c) Report Required.--
``(1) In general.--Not later than December 31, 2019, and
annually thereafter through December 31, 2023, the Secretary of
Defense shall submit to the congressional defense committees a
report on the use of other transaction authority to carry out
prototype projects during the preceding fiscal year. Each report
shall summarize the data collected under subsection (a) on the
nature and extent of each such use of the authority, including a
description--
``(A) of the participants to an agreement entered into
pursuant to the authority of subsection (a) of section 2371b of
title 10, United States Code, or a follow-on contract or
transaction entered into pursuant to the authority of
subsection (f) of such section;
``(B) of the quantity of prototype projects to be produced
pursuant to such an agreement, follow-on contract, or
transaction;
``(C) of the amount of payments made pursuant to each such
agreement, follow-on contract, or transaction;
``(D) of the purpose, description, and status of prototype
projects carried out pursuant to each such agreement, follow-on
contract, or transaction; and
``(E) including case examples, of the successes and
challenges with using the authority of such subsection (a) or
(f).
``(2) Form of report.--A report required under this subsection
shall be submitted in unclassified form without any designation
relating to dissemination control, but may contain a classified
annex.''.
SEC. 820. NOTIFICATION OF NAVY PROCUREMENT PRODUCTION DISRUPTIONS.
(a) In General.--Chapter 137 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2339b. Notification of Navy procurement production disruptions
``(a) Requirement for Contractor To Provide Notice of Delays.--The
Secretary of the Navy shall require prime contractors of any Navy
procurement program funded under either the Shipbuilding and
Conversion, Navy account or the Other Procurement, Navy account to
report within 15 calendar days any stop work order or other
manufacturing disruption of 15 calendar days or more, by the prime
contractor or any subcontractor, to the respective program manager and
Navy technical authority.
``(b) Quarterly Reports.--The Secretary of the Navy shall submit to
the congressional defense committees not later than 15 calendar days
after the end of each quarter of a fiscal year a report listing all
notifications made pursuant to subsection (a) during the preceding
quarter.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 137 of title 10, United States Code, is amended by inserting
after the item relating to section 2339a the following new item:
``2339b. Notification of Navy procurement production disruptions.''.
SEC. 821. MODIFICATION TO ACQUISITION AUTHORITY OF THE COMMANDER OF
THE UNITED STATES CYBER COMMAND.
Section 807 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 10 U.S.C. 2224 note) is amended by
inserting ``on new contract efforts'' after ``may not obligate or
expend more than $75,000,000''.
SEC. 822. EXTENSION OF NEVER CONTRACT WITH THE ENEMY.
Section 841(n) of the National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 10 U.S.C. 2302 note) is amended by
striking ``December 31, 2021'' and inserting ``December 31, 2023''.
SEC. 823. MODIFICATION OF JUSTIFICATION AND APPROVAL REQUIREMENT
FOR CERTAIN DEPARTMENT OF DEFENSE CONTRACTS.
(a) Modification of Justification and Approval Requirement.--
Notwithstanding section 811 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2405)--
(1) no justification and approval is required under such
section for a sole-source contract awarded by the Department of
Defense in a covered procurement for an amount not exceeding
$100,000,000; and
(2) for purposes of subsections (a)(2) and (c)(3)(A) of such
section, the appropriate official designated to approve the
justification for a sole-source contract awarded by the Department
of Defense in a covered procurement exceeding $100,000,000 is the
official designated in section 2304(f)(1)(B)(ii) of title 10,
United States Code.
(b) Guidance.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall issue guidance to
implement the authority under subsection (a).
(c) Comptroller General Review.--
(1) Data tracking and collection.--The Department of Defense
shall track the use of the authority as modified by subsection (a)
and make the data available to the Comptroller General for purposes
of the report required under paragraph (2).
(2) Report.--Not later than March 1, 2022, the Comptroller
General of the United States shall submit a report to the
congressional defense committees on the use of the authority as
modified by subsection (a) through the end of fiscal year 2021. The
report shall include--
(A) a review of the financial effect of the change to the
justification and approval requirement in subsection (a) on the
native corporations and businesses and associated native
communities;
(B) a description of the nature and extent of contracts
excluded from the justification and approval requirement by
subsection (a); and
(C) other matters the Comptroller General deems
appropriate.
SEC. 824. EXTENSION OF SUNSET RELATING TO FEDERAL DATA CENTER
CONSOLIDATION INITIATIVE.
Subsection (e) of section 834 of the National Defense Authorization
Act for Fiscal Year 2015 (44 U.S.C. 3601 note) is amended by striking
``2020'' and inserting ``2022''.
SEC. 825. PILOT PROGRAM TO ACCELERATE CONTRACTING AND PRICING
PROCESSES.
Section 890 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1919; 10 U.S.C.
2306a note) is amended--
(1) by striking subsection (b);
(2) by redesignating subsections (c) and (d) as subsections (b)
and (c), respectively;
(3) in subsection (b), as redesignated by paragraph (2), by
striking ``and an assessment of whether the program should be
continued or expanded''; and
(4) in subsection (c), as so redesignated, by striking
``January 2, 2021'' and inserting ``January 2, 2023''.
SEC. 826. UNIFORMITY IN APPLICATION OF MICRO-PURCHASE THRESHOLD TO
CERTAIN TASK OR DELIVERY ORDERS.
Section 4106(c) of title 41, United States Code, is amended by
striking ``$2,500'' and inserting ``the micro-purchase threshold under
section 1902 of this title''.
SEC. 827. REQUIREMENT FOR COST ESTIMATES ON MODELS OF COMMERCIAL E-
COMMERCE PORTAL PROGRAM.
(a) In General.--In implementing section 846 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 41
U.S.C. 1901 note), the Administrator of General Services shall submit
to the appropriate congressional committees, not later than one year
after the first contract is awarded pursuant to such section, a cost
estimate for the three models for commercial e-commerce portals
identified in section 4.1 of ``Procurement Through Commercial E-
Commerce Portals Phase II Report: Market Research & Consultation''
issued by the Administrator in April 2019.
(b) Appropriate Congressional Committees Defined.--The term
``appropriate congressional committees'' means the following:
(1) The Committees on Armed Services of the Senate and House of
Representatives.
(2) The Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Oversight and Reform of the
House of Representatives.
(3) The Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives.
Subtitle C--Provisions Relating to Major Defense Acquisition Programs
SEC. 830. MODIFICATION OF REQUIREMENTS FOR REPORTING TO CONGRESS ON
CERTAIN ACQUISITION PROGRAMS.
(a) Modification of Report to Congress.--Section 2432 of title 10,
United States Code, is amended--
(1) in subsection (b)(1), by adding after ``major defense
acquisition programs'' the following: ``and any program that is
estimated by the Secretary of Defense to require an eventual total
expenditure for research, development, test, and evaluation of more
than $300,000,000 (based on fiscal year 1990 constant dollars) or
an eventual total expenditure for procurement, including all
planned increments or spirals, of more than $1,800,000,000 (based
on fiscal year 1990 constant dollars)''; and
(2) by adding at the end the following new subsections:
``(i) Form of Report.--A Selected Acquisition Report required under
this section shall be submitted in unclassified form without any
designation relating to dissemination control, but may contain a
classified annex.
``(j) Termination.--The requirements under this section shall
terminate after the final submission covering fiscal year 2021.''.
(b) Proposal for Reports on Acquisition Programs and Activities.--
Not later than October 15, 2020, the Secretary of Defense shall submit
to the congressional defense committees a proposal for an alternative
methodology for reporting on all acquisition programs that includes--
(1) conforming changes from the most recent update of
Department of Defense Directive 5000.01 (The Defense Acquisition
System) and Department of Defense Instruction 5000.02 (Operation of
the Defense Acquisition System);
(2) the reporting requirements relating to Selected Acquisition
Reports under section 2432 of title 10, United States Code;
(3) the reporting requirements relating to unit costs under
section 2433 of such title; and
(4) the reporting requirements for acquisition programs that
use alternative acquisition pathways or tailored acquisition
procedures.
SEC. 831. PILOT PROGRAM TO STREAMLINE DECISION-MAKING PROCESSES FOR
WEAPON SYSTEMS.
(a) Candidate Acquisition Programs.--Not later than February 1,
2020, each Service Acquisition Executive shall recommend to the
Secretary of Defense at least one major defense acquisition program for
a pilot program to include tailored measures to streamline the entire
milestone decision process, with the results evaluated and reported for
potential wider use.
(b) Elements.--Each pilot program selected pursuant to subsection
(a) shall include the following elements:
(1) Delineating the appropriate information needed to support
milestone decisions, assuring program accountability and oversight,
which should be based on the business case principles needed for
well-informed milestone decisions, including user-defined
requirements, reasonable acquisition and life-cycle cost estimates,
and a knowledge-based acquisition plan for maturing technologies,
stabilizing the program design, and ensuring key manufacturing
processes are in control.
(2) Developing an efficient process for providing this
information to the milestone decision authority by--
(A) minimizing any reviews between the program office and
the different functional staff offices within each chain of
command level; and
(B) establishing frequent, regular interaction between the
program office and milestone decision makers, in lieu of
documentation reviews, to help expedite the process.
SEC. 832. ANALYSIS OF ALTERNATIVES PURSUANT TO MATERIEL DEVELOPMENT
DECISIONS.
(a) Timeline.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall update existing
guidance for analyses of alternatives conducted pursuant to a materiel
development decision for a major defense acquisition program to
incorporate the following:
(1) Study completion within nine months.
(2) Study guidance issued by the Director, Cost Assessment and
Program Evaluation of a scope designed to provide for reasonable
completion of the study within the nine-month period.
(3) Procedures for waiver of the timeline requirements of this
subsection on a case-by-case basis if--
(A) the subject of the analysis is of extreme technical
complexity;
(B) collection of additional intelligence is required to
inform the analysis;
(C) insufficient technical expertise is available to
complete the analysis; or
(D) the Secretary determines that there other sufficient
reasons for delay of the analysis.
(b) Reporting.--If an analysis of alternatives cannot be completed
within the allotted time, or a waiver is used, the Secretary shall
report to the congressional defense committees the following
information:
(1) For a waiver, the basis for use of the waivers, including
the reasons why the study cannot be completed within the allotted
time.
(2) For a study estimated to take more than nine months--
(A) an estimate of when the analysis will be completed;
(B) an estimate of any additional costs to complete the
analysis; and
(C) other relevant information pertaining to the analysis
and its completion.
(c) Report on Analyses of Alternatives.--
(1) Assessment.--
(A) In general.--The Under Secretary of Defense for
Acquisition and Sustainment shall engage with an independent
entity, including under the Program for Acquisition Innovation
Research, to assess the conduct of analyses of alternatives.
(B) Elements.--The assessment required under subparagraph
(A) shall--
(i) assess the time required to complete analyses of
alternatives within the Department of Defense completed
over the last five fiscal years, as compared with best
practices;
(ii) provide recommendations and policy options to
improve analyses of alternatives; and
(iii) discuss any other matters as identified by the
Under Secretary.
(C) Access to data.--The Under Secretary shall ensure that
the independent entity is provided access to the data,
information, and resources necessary to complete the required
analyses and assessment.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Under Secretary shall submit to the
congressional defense committees a report including the assessment
required under paragraph (1) and a review and assessment by the
Under Secretary of the findings made in the assessment.
SEC. 833. NAVAL VESSEL CERTIFICATION REQUIRED BEFORE MILESTONE B
APPROVAL.
Section 2366b(a) of title 10, United States Code, is amended--
(1) in paragraph (3)(O), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(5) in the case of a naval vessel program, certifies
compliance with the requirements of section 8669b of this title.''.
Subtitle D--Provisions Relating to the Acquisition System
SEC. 835. EXTRAMURAL ACQUISITION INNOVATION AND RESEARCH
ACTIVITIES.
(a) Extramural Acquisition Innovation and Research Activities.--
(1) In general.--Chapter 139 of title 10, United States Code,
is amended by inserting after section 2361 the following new
section:
``Sec. 2361a. Extramural acquisition innovation and research activities
``(a) Establishment.--The Secretary of Defense, acting through the
Under Secretary of Defense for Acquisition and Sustainment and in
coordination with the Under Secretary of Defense for Research and
Engineering, shall establish and maintain extramural acquisition
innovation and research activities as described in subsection (d),
which shall include an acquisition research organization within a
civilian college or university that is not owned or operated by the
Federal Government that is established to provide and maintain
essential research and development capabilities through a long-term
strategic relationship with the Department of Defense.
``(b) Goals.--The goal of any activity conducted pursuant to this
section shall be to provide academic analyses and policy alternatives
for innovation in defense acquisition policies and practices to
policymakers in the Federal Government by using a variety of means
intended to widely disseminate research findings from such an activity,
in addition to executing demonstration and pilot programs of innovative
acquisition policies and practices.
``(c) Director.--
``(1) Appointment.--Not later than June 1, 2020, the Secretary
of Defense shall appoint an individual from civilian life to serve
as the director for the extramural acquisition innovation and
research activities required by this section (referred to in this
section as the `Director').
``(2) Term.--The Director shall serve a term of five years.
``(d) Activities.--The activities described in this subsection are
as follows:
``(1) Research on past and current defense acquisition policies
and practices, commercial and international best practices, and the
application of new technologies and analytical capabilities to
improve acquisition policies and practices.
``(2) Pilot programs to prototype and demonstrate new
acquisition practices for potential transition to wider use in the
Department of Defense.
``(3) Establishment of data repositories and development of
analytical capabilities, in coordination with the Chief Data
Officer of the Department of Defense, to enable researchers and
acquisition professionals to access and analyze historical data
sets to support research and new policy and practice development.
``(4) Executive education to--
``(A) support acquisition workforce development, including
for early career, mid-career, and senior leaders; and
``(B) provide appropriate education on acquisition issues
to non-acquisition professionals.
``(5) On an ongoing basis, a review of the implementation of
recommendations contained in relevant Department of Defense and
private sector studies on acquisition policies and practices,
including--
``(A) for recommendations for the enactment of legislation,
identify the extent to which the recommendations have been
enacted into law by Congress;
``(B) for recommendations for the issuance of regulations,
identify the extent to which the recommendations have been
adopted through the issuance or revision of regulations;
``(C) for recommendations for revisions to policies and
procedures in the executive branch, identify the extent to
which the recommendations have been adopted through issuance of
an appropriate implementing directive or other form of
guidance; and
``(D) for recommendations for the resources required to
implement recommendations contained in relevant Department of
Defense and private sector studies on acquisition policies and
practices.
``(6) Engagement with researchers and acquisition professionals
in the Department of Defense, as appropriate.
``(e) Funding.--Subject to the availability of appropriations, the
Secretary may use amounts available in the Defense Acquisition
Workforce and Development Account to carry out the requirements of this
section.
``(f) Annual Report.--Not later than September 30, 2021, and
annually thereafter, the Director shall submit to the Secretary of
Defense and the congressional defense committees a report describing
the activities conducted under this section during the previous
year.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by inserting after the item relating to
section 2361 the following new item:
``2361a. Extramural acquisition innovation and research activities.''.
(3) Implementation.--
(A) Deadline.--Not later than March 1, 2020, the Secretary
of Defense shall establish the extramural acquisition
innovation and research activities required by section 2361a of
title 10, United States Code (as added by this subsection).
(B) Report.--
(i) In general.--Not later than January 1, 2021, the
Director of the extramural acquisition innovation and
research activities appointed under such section shall
submit to the Secretary of Defense a report setting forth a
plan, proposed budget, and schedule for execution of such
activities.
(ii) Transmittal.--Not later than February 1, 2021, the
Secretary of Defense shall transmit the report required
under clause (i), together with whatever comments the
Secretary considers appropriate, to the Committees on Armed
Services of the Senate and the House of Representatives.
(b) Records of the Section 809 Panel.--
(1) Transfer and maintenance of records.--Not later than March
1, 2020, the records of the Section 809 Panel shall be transferred
to, and shall be maintained by, the Defense Technical Information
Center.
(2) Status of records.--Working papers, records of interview,
and any other draft work products generated for any purpose by the
Section 809 Panel shall be covered by the deliberative process
privilege exemption under paragraph (5) of section 552(b) of title
5, United States Code.
(3) Availability.--To the maximum extent practicable, the
Secretary shall make the records available to support activities
conducted by the research organization described under section
2361a of title 10, United States Code (as added by subsection (a)).
(4) Section 809 panel defined.--In this subsection, the term
``Section 809 Panel'' means the panel established by the Secretary
of Defense pursuant to section 809 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92).
SEC. 836. REPORT ON REALIGNMENT OF THE DEFENSE ACQUISITION SYSTEM
TO IMPLEMENT ACQUISITION REFORMS.
The Secretary of Defense shall include with the budget for fiscal
year 2021, as submitted to Congress pursuant to section 1105(a) of
title 31, United States Code, a report on the progress of implementing
acquisition reform initiatives that have been enacted into law through
Department of Defense regulations, Directives, Instructions, or other
guidance. Such report shall include a description of--
(1) how the Secretary will identify, quantify, assess, and
manage acquisition program risks;
(2) what changes have been made to systems for collecting and
sharing data on acquisition programs, including how access to
acquisition program data is managed; and
(3) updates to, or the implementation of, procedures for
tailoring acquisition methods, including alternative acquisition
pathways such as--
(A) the use of the ``middle tier'' of acquisition programs
described under section 804 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 2302 note);
(B) the alternative acquisition pathways established under
section 805 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note);
(C) a software acquisition pathway described under section
800 of this Act; and
(D) the use of procedures to respond to urgent operational
needs.
SEC. 837. REPORT AND LIMITATION ON THE AVAILABILITY OF FUNDS
RELATING TO THE ``MIDDLE TIER'' OF ACQUISITION PROGRAMS.
(a) Report.--Not later than December 15, 2019, the Under Secretary
of Defense for Acquisition and Sustainment shall submit to the
congressional defense committees a report that includes the guidance
required under section 804(a) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note). The
Under Secretary of Defense for Acquisition and Sustainment shall ensure
such guidance includes the business case elements required by an
acquisition program established pursuant to such guidance and the
metrics required to assess the performance of such a program.
(b) Limitation.--
(1) In general.--Beginning on December 15, 2019, if the Under
Secretary of Defense for Acquisition and Sustainment has not
submitted the report required under subsection (a), not more than
75 percent of the funds specified in paragraph (2) may be obligated
or expended until the date on which the report required under
subsection (a) has been submitted.
(2) Funds specified.--The funds specified in this paragraph are
the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2020 for the Department of Defense
that remain unobligated as of December 15, 2019, for the following:
(A) The execution of any acquisition program established
pursuant to the guidance required under such section 804(a).
(B) The operations of the Office of the Under Secretary of
Defense for Research & Engineering.
(C) The operations of the Office of the Under Secretary of
Defense for Acquisition & Sustainment.
(D) The operations of the Office of the Director of Cost
Analysis and Program Evaluation.
(E) The operations of the offices of the service
acquisition executives of the military departments.
SEC. 838. REPORT ON INTELLECTUAL PROPERTY POLICY AND THE CADRE OF
INTELLECTUAL PROPERTY EXPERTS.
(a) In General.--Section 802 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1450) is amended
by adding at the end the following new subsection:
``(c) Report.--Not later than December 15, 2019, the Secretary of
Defense, acting through the Under Secretary of Defense for Acquisition
and Sustainment, shall submit to the congressional defense committees a
report that includes--
``(1) the policy required in subsection (a) of section 2322 of
title 10, United States Code;
``(2) an identification of each member of the cadre of
intellectual property experts required in subsection (b) of such
section and the office to which such member belongs;
``(3) a description of the leadership structure and the office
that will manage the cadre of intellectual property experts; and
``(4) a description of the specific activities performed, and
programs and efforts supported, by the cadre of intellectual
property experts during the 12-month period preceding the date of
the report.''.
(b) Limitation.--
(1) In general.--Of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2020 for the
Department of Defense, not more than 75 percent may be obligated or
expended for any of the offices described in paragraph (2) until
the date on which the Secretary of Defense submits the report
required under subsection (c) of section 802 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91;
131 Stat. 1450), as added by this section.
(2) Offices described.--The offices described in this paragraph
are as follows:
(A) The Office of the Under Secretary of Defense for
Acquisition and Sustainment.
(B) The Office of the Assistant Secretary of the Army for
Acquisition, Logistics, and Technology.
(C) The Office of the Assistant Secretary of the Navy for
Research, Development, and Acquisition.
(D) The Office of the Assistant Secretary of the Air Force
for Acquisition, Technology, and Logistics.
SEC. 839. GUIDANCE AND REPORTS RELATING TO COVERED DEFENSE BUSINESS
SYSTEMS.
(a) Amendments to Guidance for Covered Defense Business Systems.--
Section 2222(d) of title 10, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``subsection (c)(1)'' and inserting ``subsection (c)''; and
(2) by adding at the end the following new paragraphs:
``(7) Policy to ensure a covered defense business system is in
compliance with the Department's auditability requirements.
``(8) Policy to ensure approvals required for the development
of a covered defense business system.''.
(b) Reports.--
(1) Guidance.--The Secretary of Defense shall submit to the
congressional defense committees a report--
(A) not later than December 31, 2019, that includes the
guidance required under paragraph (1) of section 2222(c) of
title 10, United States Code; and
(B) not later than March 31, 2020, that includes the
guidance required under paragraph (2) of such section.
(2) Information technology and defense business enterprise
architecture.--Not later than February 1, 2020, the Chief
Information Officer of the Department of Defense shall submit to
the congressional defense committees a notification that the
information technology enterprise architecture required under
subparagraph (B) of section 2222(e)(4) of title 10, United States
Code--
(A) has been established, including a schedule for
implementing the plan required under such subparagraph (B) and
a schedule for integrating the defense business enterprise
architecture into the information technology enterprise
architecture (as required under subparagraph (A) of such
section); or
(B) has not been established, and include a schedule for--
(i) establishing such architecture;
(ii) implementing the plan required under such
subparagraph (B); and
(iii) integrating the defense business enterprise
architecture into the information technology enterprise
architecture (as required under subparagraph (A) of such
section).
SEC. 840. IMPLEMENTATION GUIDANCE FOR USE OF A MODULAR OPEN SYSTEM
APPROACH.
(a) Guidance for Program Capabilities Development and Acquisition
Weapon System Design.--Section 2446b of title 10, United States Code,
is amended by adding at the end the following new subsection:
``(f) Implementation Guidance.--The Secretaries of the military
departments shall issue guidance to implement the requirements of this
section.''.
(b) Guidance for Major System Interfaces.--Section 2446c of title
10, United States Code, is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
adding ``; and''; and
(3) by adding at the end the following new paragraph:
``(6) issue guidance to implement the requirements of this
section.''.
SEC. 841. LIMITATION ON AVAILABILITY OF FUNDS FOR THE OFFICE OF THE
CHIEF MANAGEMENT OFFICER OF THE DEPARTMENT OF DEFENSE.
Of the funds authorized to be appropriated or otherwise made
available for fiscal year 2020 for the Department of Defense, not more
than 75 percent may be obligated or expended for the Office of the
Chief Management Officer until the date on which the Chief Management
Officer submits to the congressional defense committees--
(1) the certification of cost savings described in subparagraph
(A) of section 921(b)(5) of the National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2222 note); or
(2) the notice and justification described in subparagraph (B)
of such section.
Subtitle E--Industrial Base Matters
SEC. 845. MODERNIZATION OF ACQUISITION PROCESSES TO ENSURE
INTEGRITY OF INDUSTRIAL BASE.
(a) In General.--Subchapter II of chapter 148 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2509. Modernization of acquisition processes to ensure integrity
of industrial base
``(a) Digitization and Modernization.--The Secretary of Defense
shall streamline and digitize the existing Department of Defense
approach for identifying and mitigating risks to the defense industrial
base across the acquisition process, creating a continuous model that
uses digital tools, technologies, and approaches designed to ensure the
accessibility of data to key decision-makers in the Department.
``(b) Analytical Framework.--(1) The Under Secretary of Defense for
Acquisition and Sustainment, in coordination with the Director of the
Defense Counterintelligence and Security Agency and the heads of other
elements of the Department of Defense as appropriate, shall develop an
analytical framework for risk mitigation across the acquisition
process.
``(2) The analytical framework required under paragraph (1) shall
include the following elements:
``(A) Characterization and monitoring of supply chain risks,
including--
``(i) material sources and fragility, including the extent
to which sources, items, materials, and articles are mined,
produced, or manufactured within or outside the United States;
``(ii) telecommunications services or equipment (other than
optical transmission components);
``(iii) counterfeit parts;
``(iv) cybersecurity of contractors;
``(v) video surveillance services or equipment;
``(vi) vendor vetting in contingency or operational
environments;
``(vii) other electronic or information technology products
and services; and
``(viii) other risk areas as determined appropriate.
``(B) Characterization and monitoring of risks posed by
contractor behavior that constitute violations of laws or
regulations, including those relating to--
``(i) fraud;
``(ii) ownership structures;
``(iii) trafficking in persons;
``(iv) workers' health and safety;
``(v) affiliation with the enemy;
``(vi) foreign influence; and
``(vii) other risk areas as deemed appropriate.
``(C) Characterization and assessment of the acquisition
processes and procedures of the Department of Defense, including--
``(i) market research;
``(ii) responsibility determinations, including
consideration of the need for special standards of
responsibility to address the risks described in subparagraphs
(A) and (B);
``(iii) facilities clearances;
``(iv) the development of contract requirements;
``(v) the technical evaluation of offers and contract
awards;
``(vi) contractor mobilization, including hiring, training,
and establishing facilities;
``(vii) contract administration, contract management, and
oversight;
``(viii) contract audit for closeout;
``(ix) suspension and debarment activities and
administrative appeals activities;
``(x) contractor business system reviews; and
``(xi) other relevant processes and procedures.
``(D) Characterization and monitoring of the health and
activities of the defense industrial base, including those relating
to--
``(i) balance sheets, revenues, profitability, and debt;
``(ii) investment, innovation, and technological and
manufacturing sophistication;
``(iii) finances, access to capital markets, and cost of
raising capital within those markets;
``(iv) corporate governance, leadership, and culture of
performance; and
``(v) history of performance on past Department of Defense
and government contracts.
``(c) Roles and Responsibilities.--The Secretary of Defense shall
designate the roles and responsibilities of organizations and
individuals to execute activities under this section, including--
``(1) the Under Secretary of Defense for Acquisition and
Sustainment, including the Office of Defense Pricing and
Contracting and the Office of Industrial Policy;
``(2) service acquisition executives;
``(3) program offices and procuring contracting officers;
``(4) administrative contracting officers within the Defense
Contract Management Agency and the Supervisor of Shipbuilding;
``(5) the Defense Counterintelligence and Security Agency;
``(6) the Defense Contract Audit Agency;
``(7) each element of the Department of Defense which own or
operate systems containing data relevant to contractors of the
Department;
``(8) the Under Secretary of Defense for Research and
Engineering;
``(9) the suspension and debarment official of the Department;
``(10) the Chief Information Officer; and
``(11) other relevant organizations and individuals.
``(d) Enabling Data, Tools, and Systems.--(1)(A) The Under
Secretary of Defense for Acquisition and Sustainment, in consultation
with the Chief Data Officer of the Department of Defense and the
Director of the Defense Counterintelligence and Security Agency, shall
assess the extent to which existing systems of record relevant to risk
assessments and contracting are producing, exposing, and timely
maintaining valid and reliable data for the purposes of the
Department's continuous assessment and mitigation of risks in the
defense industrial base.
``(B) The assessment required under subparagraph (A) shall include
the following elements:
``(i) Identification of the necessary source data, to include
data from contractors, intelligence and security activities,
program offices, and commercial research entities.
``(ii) A description of the modern data infrastructure, tools,
and applications and what changes would improve the effectiveness
and efficiency of mitigating the risks described in subsection
(b)(2).
``(iii) An assessment of the following systems owned or
operated outside of the Department of Defense that the Department
depends upon or to which it provides data:
``(I) The Federal Awardee Performance and Integrity
Information System (FAPIIS).
``(II) The System for Award Management (SAM).
``(III) The Federal Procurement Data System-Next Generation
(FPDS-NG).
``(IV) The Electronic Data Management Information System.
``(V) Other systems the Secretary of Defense determines
appropriate.
``(iv) An assessment of systems owned or operated by the
Department of Defense, including the Defense Counterintelligence
and Security Agency and other defense agencies and field activities
used to capture and analyze the status and performance (including
past performance) of vendors and contractors.
``(2) Based on the findings pursuant to paragraph (1), the
Secretary of Defense shall develop a unified set of activities to
modernize the systems of record, data sources and collection methods,
and data exposure mechanisms. The unified set of activities should
feature--
``(A) the ability to continuously collect data on, assess, and
mitigate risks;
``(B) data analytics and business intelligence tools and
methods; and
``(C) continuous development and continuous delivery of secure
software to implement the activities.
``(e) Rule of Construction.--Nothing in this section shall be
construed to limit or modify any other procurement policy, procedure,
requirement, or restriction provided by law.
``(f) Implementation and Reporting Requirements.--The Secretary of
Defense shall carry out the implementation phases set forth in, and
submit to the congressional defense committees the items of information
required by, the following paragraphs:
``(1) Phase 1: implementation plan.--Not later than 90 days
after the date of the enactment of this section, an implementation
plan and schedule for carrying out the framework established
pursuant to subsection (b), including--
``(A) a discussion and recommendations for any changes to,
or exemptions from, laws necessary for effective
implementation, including updating the definitions in section
2339a(e) of this title relating to covered procurement, covered
system, and covered item of supply, and any similar terms
defined in other law or regulation; and
``(B) a process for an entity to contact the Department
after the entity has taken steps to remediate, mitigate, or
otherwise address the risks identified by the Department in
conducting activities under subsection (b).
``(2) Phase 2: implementation of framework.--Not later than one
year after the date of the submission of the implementation plan
and schedule required under paragraph (1), a report on the actions
taken to implement the framework established pursuant to subsection
(b).
``(g) Comptroller General Reviews.--
``(1) Briefing.--Not later than February 15, 2020, the
Comptroller General of the United States shall brief the
congressional defense committees on Department of Defense efforts
over the previous 5 years to continuously assess and mitigate risks
to the defense industrial base across the acquisition process, and
a summary of current and planned efforts.
``(2) Periodic assessments.--The Comptroller General shall
submit to the congressional defense committees three periodic
assessments of Department of Defense progress in implementing the
framework required under subsection (b), to be provided not later
than October 15, 2020, March 15, 2022, and March 15, 2024.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter II of chapter 148 of such title is amended by inserting
after the item relating to section 2508 the following new item:
``2509. Modernization of acquisition processes to ensure integrity of
industrial base.''.
SEC. 846. REPORT REQUIREMENTS FOR THE NATIONAL TECHNOLOGY AND
INDUSTRIAL BASE.
(a) National Security Strategy for National Technology and
Industrial Base.--Section 2501(a) of title 10, United States Code, is
amended by inserting after the first sentence the following new
sentence: ``The Secretary shall submit such strategy to Congress not
later than 180 days after the date of submission of the national
security strategy report required under section 108 of the National
Security Act of 1947 (50 U.S.C. 3043).''.
(b) Annual Report to Congress.--Section 2504(3) of title 10, United
States Code, is amended--
(1) in the matter preceding subparagraph (A), by inserting
``Executive order or'' after ``pursuant to'';
(2) by amending subparagraph (A) to read as follows:
``(A) a map of the industrial base;'';
(3) by redesignating subparagraph (B) as subparagraph (C); and
(4) by inserting after subparagraph (A) the following new
subparagraph:
``(B) a prioritized list of gaps or vulnerabilities in the
national technology and industrial base, including--
``(i) a description of mitigation strategies necessary
to address such gaps or vulnerabilities;
``(ii) the identification of the Secretary concerned or
the head of the Defense Agency responsible for addressing
such gaps or vulnerabilities; and
``(iii) a proposed timeline for action to address such
gaps or vulnerabilities; and''.
(c) Annual Report on Unfunded Priorities for National Technical
Industrial Base.--
(1) In general.--Subchapter II of chapter 148 of title 10,
United States Code, is amended by inserting after section 2504 the
following new section:
``Sec. 2504a. Unfunded priorities of the national technology and
industrial base: annual report
``(a) Annual Report.--Not later than 10 days after the date on
which the budget of the President for a fiscal year is submitted to
Congress pursuant to section 1105 of title 31, the Under Secretary of
Defense for Acquisition and Sustainment shall submit to the Secretary
of Defense, the Chairman of the Joint Chiefs of Staff, and the
congressional defense committees a report on the unfunded priorities to
address gaps or vulnerabilities in the national technology and
industrial base.
``(b) Elements.--
``(1) In general.--Each report under subsection (a) shall
specify, for each unfunded priority covered by such report, the
following:
``(A) A summary description of such priority, including the
objectives to be achieved if such priority is funded (whether
in whole or in part).
``(B) The additional amount of funds recommended in
connection with the objectives under subparagraph (A).
``(C) Account information with respect to such priority,
including the following (as applicable):
``(i) Line Item Number (LIN) for applicable procurement
accounts.
``(ii) Program Element (PE) number for applicable
research, development, test, and evaluation accounts.
``(iii) Sub-activity group (SAG) for applicable
operation and maintenance accounts.
``(2) Prioritization of priorities.--Each report shall present
the unfunded priorities covered by such report in order of urgency
of priority.
``(c) Unfunded Priority Defined.--In this section, the term
`unfunded priority', in the case of a fiscal year, means a program,
activity, or mission requirement of the national technology and
industrial base that--
``(1) is not funded in the budget of the President for the
fiscal year as submitted to Congress pursuant to section 1105 of
title 31;
``(2) is necessary to address gaps or vulnerabilities in the
national technology and industrial base; and
``(3) would have been recommended for funding through the
budget referred to in paragraph (1) if--
``(A) additional resources had been available for the
budget to fund the program, activity, or mission requirement;
or
``(B) the program, activity, or mission requirement had
emerged before the budget was formulated.''.
(2) Clerical amendment.--The table of sections for such
subchapter is amended by adding at the end the following new item:
``2504a. Unfunded priorities of the national technology and industrial
base: annual report.''.
SEC. 847. MITIGATING RISKS RELATED TO FOREIGN OWNERSHIP, CONTROL,
OR INFLUENCE OF DEPARTMENT OF DEFENSE CONTRACTORS OR
SUBCONTRACTORS.
(a) Definitions.--In this section:
(1) Beneficial owner; beneficial ownership.--The terms
``beneficial owner'' and ``beneficial ownership'' shall be
determined in a manner that is not less stringent than the manner
set forth in section 240.13d-3 of title 17, Code of Federal
Regulations (as in effect on the date of the enactment of this
Act).
(2) Company.--The term ``company'' means any corporation,
company, limited liability company, limited partnership, business
trust, business association, or other similar entity.
(3) Covered contractor or subcontractor.--The term ``covered
contractor or subcontractor'' means a company that is an existing
or prospective contractor or subcontractor of the Department of
Defense on a contract or subcontract with a value in excess of
$5,000,000, except as provided in subsection (c).
(4) Foreign ownership, control, or influence; foci.--The terms
``foreign ownership, control, or influence'' and ``FOCI'' have the
meanings given those terms in the National Industrial Security
Program Operating Manual (DOD 5220.22-M), or a successor document.
(b) Improved Assessment and Mitigation of Risks Related to Foreign
Ownership, Control, or Influence.--
(1) In general.--In developing and implementing the analytical
framework for mitigating risk relating to ownership structures, as
required by section 2509 of title 10, United States Code, as added
by section 845 of this Act, the Secretary of Defense shall improve
the process and procedures for the assessment and mitigation of
risks related to foreign ownership, control, or influence (FOCI) of
contractors and subcontractors doing business with the Department
of Defense.
(2) Elements.--The process and procedures for the assessment
and mitigation of risk relating to ownership structures referred to
in paragraph (1) shall include the following elements:
(A) Assessment of foci.--(i) A requirement for covered
contractors and subcontractors to disclose to the Defense
Counterintelligence and Security Agency, or its successor
organization, their beneficial ownership and whether they are
under FOCI.
(ii) A requirement to update such disclosures when changes
occur to information previously provided, consistent with or
similar to the procedures for updating FOCI information under
the National Industrial Security Program Operating Manual (DOD
5220.22-M), or a successor document.
(iii) A requirement for covered contractors and
subcontractors determined to be under FOCI to disclose contact
information for each of its foreign owners that is a beneficial
owner.
(iv) A requirement that, at a minimum, the disclosures
required by this paragraph be provided at the time the contract
or subcontract is awarded, amended, or renewed, but in no case
later than one year after the Secretary prescribes regulations
to carry out this subsection.
(B) Responsibility determination.--Consistent with section
2509 of title 10, United States Code, as added by section 845
of this Act, consideration of FOCI risks as part of
responsibility determinations, including--
(i) whether to establish a special standard of
responsibility relating to FOCI risks for covered
contractors or subcontractors, and the extent to which the
policies and procedures consistent with or similar to those
relating to FOCI under the National Industrial Security
Program shall be applied to covered contractors or
subcontractors;
(ii) procedures for contracting officers making
responsibility determinations regarding whether covered
contractors and subcontractors may be under foreign
ownership, control, or influence and for determining
whether there is reason to believe that such foreign
ownership, control, or influence would pose a risk or
potential risk to national security or potential compromise
because of sensitive data, systems, or processes, such as
personally identifiable information, cybersecurity, or
national security systems involved with the contract or
subcontract; and
(iii) modification of policies, directives, and
practices to provide that an assessment that a covered
contractor or subcontractor is under FOCI may be a
sufficient basis for a contracting officer to determine
that a contractor or subcontractor is not responsible.
(C) Contract requirements, administration, and oversight
relating to foci.--
(i) Requirements for contract clauses providing for and
enforcing disclosures related to changes in FOCI or
beneficial ownership during performance of the contract or
subcontract, consistent with subparagraph (A), and
necessitating the effective mitigation of risks related to
FOCI throughout the duration of the contract or
subcontract.
(ii) Pursuant to section 831(c), designation of the
appropriate Department of Defense official responsible to
approve and to take actions relating to award,
modification, termination of a contract, or direction to
modify or terminate a subcontract due to an assessment by
the Defense Counterintelligence and Security Agency, or its
successor organization, that a covered contractor or
subcontractor under FOCI poses a risk to national security
or potential risk of compromise.
(iii) A requirement for the provision of additional
information regarding beneficial ownership and control of
any covered contractor or subcontractor on the contract or
subcontract.
(iv) Other measures as necessary to be consistent with
other relevant practices, policies, regulations, and
actions, including those under the National Industrial
Security Program.
(c) Applicability to Contracts and Subcontracts for Commercial
Products and Services and Other Forms of Acquisition Agreements.--
(1) Commercial products and services.--The requirements under
subsection (b)(2)(A) and (b)(2)(C) shall not apply to a contract or
subcontract for commercial products or services, unless a
designated senior Department of Defense official specifically
requires the applicability of subsections (b)(2)(A) and (b)(2)(C)
based on a determination by the designated senior official that the
contract or subcontract involves a risk or potential risk to
national security or potential compromise because of sensitive
data, systems, or processes, such as personally identifiable
information, cybersecurity, or national security systems.
(2) Research and development and procurement activities.--The
Secretary of Defense shall ensure that the requirements of this
section are applied to research and development and procurement
activities, including for the delivery of services, established
through any means including those under section 2358(b) of title
10, United States Code.
(d) Availability of Resources.--The Secretary shall ensure that
sufficient resources, including subject matter expertise, are allocated
to execute the functions necessary to carry out this section, including
the assessment, mitigation, contract administration, and oversight
functions.
(e) Rule of Construction.--Nothing in this section shall be
construed to limit or modify any other procurement policy, procedure,
requirement, or restriction provided by law, including section 721 of
the Defense Production Act of 1950 (50 U.S.C. 4565), as amended by the
Foreign Interference Risk Review Modernization Act of 2018 (subtitle A
of title XVII of Public Law 115-232).
(f) Availability of Beneficial Ownership Data.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall establish a
process to update systems of record to improve the assessment and
mitigation of risks associated with FOCI through the inclusion and
updating of all appropriate associated uniquely identifying
information about the contracts and contractors and subcontracts
and subcontractors in the Federal Awardee Performance and Integrity
Information System (FAPIIS), administered by the General Services
Administration, and the Commercial and Government Entity (CAGE)
database, administered by the Defense Logistics Agency.
(2) Limited availability of information.--The Secretary of
Defense shall ensure that the information required to be disclosed
pursuant to this section is--
(A) not made public;
(B) made available via the FAPIIS and CAGE databases; and
(C) made available to appropriate government departments or
agencies.
SEC. 848. PROHIBITION ON OPERATION OR PROCUREMENT OF FOREIGN-MADE
UNMANNED AIRCRAFT SYSTEMS.
(a) Prohibition on Agency Operation or Procurement.--The Secretary
of Defense may not operate or enter into or renew a contract for the
procurement of--
(1) a covered unmanned aircraft system that--
(A) is manufactured in a covered foreign country or by an
entity domiciled in a covered foreign country;
(B) uses flight controllers, radios, data transmission
devices, cameras, or gimbals manufactured in a covered foreign
country or by an entity domiciled in a covered foreign country;
(C) uses a ground control system or operating software
developed in a covered foreign country or by an entity
domiciled in a covered foreign country; or
(D) uses network connectivity or data storage located in or
administered by an entity domiciled in a covered foreign
country; or
(2) a system manufactured in a covered foreign country or by an
entity domiciled in a covered foreign country for the detection or
identification of covered unmanned aircraft systems.
(b) Exemption.--The Secretary of Defense is exempt from the
restriction under subsection (a) if the operation or procurement is for
the purposes of--
(1) Counter-UAS surrogate testing and training; or
(2) intelligence, electronic warfare, and information warfare
operations, testing, analysis, and training.
(c) Waiver.--The Secretary of Defense may waive the restriction
under subsection (a) on a case by case basis by certifying in writing
to the congressional defense committees that the operation or
procurement is required in the national interest of the United States.
(d) Definitions.--In this section:
(1) Covered foreign country.--The term ``covered foreign
country'' means the People's Republic of China.
(2) Covered unmanned aircraft system.--The term ``covered
unmanned aircraft system'' means an unmanned aircraft system and
any related services and equipment.
SEC. 849. MODIFICATION OF PROHIBITION ON ACQUISITION OF SENSITIVE
MATERIALS FROM NON-ALLIED FOREIGN NATIONS.
(a) Expansion of Materials Covered by Prohibition on Sale From
National Defense Stockpile.--Subsection (a)(2) of section 2533c of
title 10, United States Code, is amended, in the matter preceding
subparagraph (A), by striking ``covered material'' and inserting
``material''.
(b) Inclusion of Tantalum in Definition of Covered Materials.--
Subsection (d)(1) of such section is amended--
(1) in subparagraph (C), by striking ``; and'' and inserting a
semicolon;
(2) in subparagraph (D), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new subparagraph:
``(E) tantalum metals and alloys.''.
SEC. 850. ACQUISITION AND DISPOSAL OF CERTAIN RARE EARTH MATERIALS.
(a) Authority to Dispose of and Acquire Materials for the National
Defense Stockpile.--
(1) Disposal authority.--Pursuant to section 5(b) of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98d(b)), the National Defense Stockpile Manager shall dispose of
3,000,000 pounds of tungsten ores and concentrates contained in the
National Defense Stockpile (in addition to any amount previously
authorized for disposal).
(2) Acquisition authority.--
(A) Authority.--Using funds available in the National
Defense Stockpile Transaction Fund, the National Defense
Stockpile Manager may acquire the following materials
determined to be strategic and critical materials required to
meet the defense, industrial, and essential civilian needs of
the United States:
(i) Aerospace-grade rayon.
(ii) Electrolytic manganese metal.
(iii) Pitch-based carbon fiber.
(iv) Rare earth cerium compounds.
(v) Rare earth lanthanum compounds.
(B) Amount of authority.--The National Defense Stockpile
Manager may use up to $37,420,000 in the National Defense
Stockpile Transaction Fund for acquisition of the materials
specified in this paragraph.
(3) Fiscal year limitation.--The authority under this
subsection is available for purchases made during fiscal year 2020
through fiscal year 2024.
(b) Sense of Congress Relating to National Defense Stockpile
Sales.--It is the sense of Congress that tantalum should be designated
as a strategic and critical material under the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98 et seq.) required to meet the
defense, industrial, and essential civilian needs of the United States.
(c) Report on Supply Chain Issues for Rare Earth Materials.--Not
later than 180 days after the date of the enactment of this Act, the
Administrator of the Defense Logistics Agency, in coordination with the
Deputy Assistant Secretary of Defense for Industrial Policy, shall
submit a report to Congress assessing issues relating to the supply
chain for rare earth materials. Such report shall include the
following:
(1) An assessment of the rare earth materials in the reserves
held by the United States.
(2) A estimate of the needs of the United States for rare earth
materials--
(A) in general; and
(B) to support a major near-peer conflict as described in
war game scenarios in the 2018 National Defense Strategy.
(3) An assessment of the extent to which substitutes for rare
earth materials are available.
(4) A strategy or plan to encourage the use of rare earth
materials mined, refined, processed, melted, or sintered in the
United States, or from trusted allies, including an assessment of
the best acquisition practices (which shall include an analysis of
best value contracting methods) to ensure the viability of trusted
suppliers of rare earth materials to meet national security needs.
SEC. 851. PILOT PROGRAM FOR DEVELOPMENT OF TECHNOLOGY-ENHANCED
CAPABILITIES WITH PARTNERSHIP INTERMEDIARIES.
(a) Establishment.--The Commander of the United States Special
Operations Command may use the greater of $2,000,000 or 5 percent of
the funds required to be expended by the United States Special
Operations Command under section 9(f)(1) of the Small Business Act (15
U.S.C. 638(f)(1)) for a pilot program to increase participation by
small business concerns in the development of technology-enhanced
capabilities for special operations forces.
(b) Use of Partnership Intermediary.--
(1) Authorization.--The Commander of the United States Special
Operations Command may modify an existing agreement with a
partnership intermediary to assist the Commander in carrying out
the pilot program under this section, including with respect to the
award of contracts and agreements to small business concerns.
(2) Use of funds.--None of the funds referred to in subsection
(a) shall be used to pay a partnership intermediary for any
administrative costs associated with the pilot program.
(c) Report.--Not later than October 1, 2020, and October 1, 2021,
the Commander of the United States Special Operations Command, in
coordination with the Under Secretary of Defense for Research and
Engineering, shall submit to the congressional defense committees, the
Committee on Small Business of the House of Representatives, and the
Committee on Small Business and Entrepreneurship of the Senate a report
describing any agreement with a partnership intermediary entered into
pursuant to this section. The report shall include, for each such
agreement, the amount of funds obligated, an identification of the
recipient of such funds, and a description of the use of such funds.
(d) Termination.--The authority to carry out a pilot program under
this section shall terminate on September 30, 2021.
(e) Definitions.--In this section:
(1) Partnership intermediary.--The term ``partnership
intermediary'' has the meaning given the term in section 23(c) of
the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3715(c)).
(2) Small business concern.--The term ``small business
concern'' has the meaning given the term under section 3 of the
Small Business Act (15 U.S.C. 632).
(3) Small business innovation research program.--The term
``Small Business Innovation Research Program'' has the meaning
given the term in section 9(e)(4) of the Small Business Act (15
U.S.C. 638(e)).
(4) Small business technology transfer program.--The term
``Small Business Technology Transfer Program'' has the meaning
given the term in section 9(e)(6) of the Small Business Act (15
U.S.C. 638(e)).
(5) Technology-enhanced capability.--The term ``technology-
enhanced capability'' means a product, concept, or process that
improves the ability of a member of the Armed Forces to achieve an
assigned mission.
SEC. 852. AUTHORIZED OFFICIAL TO CARRY OUT THE PROCUREMENT
TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT PROGRAM.
(a) Authorized Official.--Effective October 1, 2021, section
2411(3) of title 10, United States Code, is amended by striking
``Director of the Defense Logistics Agency'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(b) Report and Briefing.--Not later than November 1, 2020, the
Secretary of Defense shall provide to the congressional defense
committees a written report and briefing on the activities carried out
in preparation for the transition of responsibilities for carrying out
the procurement technical assistance cooperative agreement program
under chapter 142 of title 10, United States Code, from the Director of
Defense Logistics Agency to the Under Secretary of Defense for
Acquisition and Sustainment, as required by subsection (a).
(c) Annual Budget Justification Documents.--The Secretary of
Defense shall submit to Congress, as a part of the defense budget
materials (as defined in section 234(d) of title 10, United States
Code) for fiscal year 2021 and each fiscal year thereafter, a budget
justification display that includes the procurement technical
assistance cooperative agreement program under chapter 142 of title 10,
United States Code, as part of the budget justification for Operation
and Maintenance, Defense-wide for the Office of the Secretary of
Defense.
SEC. 853. REQUIREMENT THAT CERTAIN SHIP COMPONENTS BE MANUFACTURED
IN THE NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.
(a) Additional Procurement Limitation.--Section 2534(a) of title
10, United States Code, is amended by adding at the end the following
new paragraph:
``(6) Components for auxiliary ships.--Subject to subsection
(k), large medium-speed diesel engines.''.
(b) Implementation.--Such section is further amended by adding at
the end the following new subsection:
``(k) Implementation of Auxiliary Ship Component Limitation.--
Subsection (a)(6) applies only with respect to contracts awarded by the
Secretary of a military department for new construction of an auxiliary
ship after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2020 using funds available for
National Defense Sealift Fund programs or Shipbuilding and Conversion,
Navy. For purposes of this subsection, the term `auxiliary ship' does
not include an icebreaker or a special mission ship.''.
SEC. 854. ADDITION OF DOMESTICALLY PRODUCED STAINLESS STEEL
FLATWARE AND DINNERWARE TO THE BERRY AMENDMENT.
(a) Addition of Domestically Produced Stainless Steel Flatware and
Dinnerware.--
(1) In general.--Section 2533a(b) of title 10, United States
Code, is amended by adding at the end the following new paragraphs:
``(3) Stainless steel flatware.
``(4) Dinnerware.''.
(2) Applicability.--Paragraphs (3) and (4) of section 2533a(b)
of title 10, United States Code, as added by paragraph (1), shall
apply with respect to contracts entered into on or after the date
occurring 1 year after the date of the enactment of this Act.
(3) Repeal.--Effective September 30, 2023, such paragraphs (3)
and (4) are repealed.
(b) Report.--
(1) Report required.--Not later than October 1, 2020, the
Secretary of Defense shall submit to the congressional defense
committees a report that provides a market survey, cost assessment,
description of national security considerations, and a
recommendation regarding whether the procurement of dinnerware and
stainless steel flatware should be limited to sources in the United
States.
(2) Contents.--The report required under paragraph (1) shall
include an analysis of the following with respect to dinnerware and
stainless steel flatware:
(A) The extent to which such items have commercial
applications.
(B) The number of such items to be procured by current
programs of record.
(C) The criticality of such items to a military unit's
mission accomplishment.
(D) The estimated cost and other considerations of
reconstituting the production capability of such items, if not
maintained in the United States.
(E) National security regulations or restrictions imposed
on such items that may not be imposed on such items if provided
by a competitor outside the United States.
(F) Federal, State, and local government regulations that
are not related to national security that are imposed on such
items that may not be imposed on a competitor outside the
United States.
(G) The extent to which such items is fielded in current
programs of record.
(H) The extent to which such items can be procured as and
when needed in satisfactory quality and sufficient quantity at
United States market prices.
(I) The benefits accrued to the Department of Defense and
the defense industrial base to procure such items from sources
outside the United States.
SEC. 855. APPLICATION OF MISCELLANEOUS TECHNOLOGY BASE POLICIES AND
PROGRAMS TO THE COLUMBIA-CLASS SUBMARINE PROGRAM.
Notwithstanding subchapter V of chapter 148 of title 10, United
States Code (except for sections 2534, 2533a, and 2533b of such title),
for a period of one year beginning on the date of the enactment of this
Act, the milestone decision authority (as defined in section 2366a of
title 10, United States Code) for the Columbia-class submarine program
shall ensure that such program maintains the Acquisition Program
Baseline schedule dates approved under the Milestone B approval (as
defined in such section).
SEC. 856. APPLICATION OF LIMITATION ON PROCUREMENT OF GOODS OTHER
THAN UNITED STATES GOODS TO THE FFG-FRIGATE PROGRAM.
Notwithstanding any other provision of law, amounts authorized to
carry out the FFG-Frigate Program may be used to award a new contract
that provides for the acquisition of the following components
regardless of whether those components are manufactured in the United
States:
(1) Auxiliary equipment (including pumps) for shipboard
services.
(2) Propulsion equipment (including engines, reduction gears,
and propellers).
(3) Shipboard cranes.
(4) Spreaders for shipboard cranes.
SEC. 857. SENSE OF CONGRESS REGARDING CONSIDERATION OF PRICE IN
PROCUREMENT OF THE FFG(X) FRIGATE.
It is the sense of Congress that during fiscal year 2020, in
evaluating proposals for a contract to procure a FFG(X) frigate, the
Secretary of the Navy should ensure price is a critical factor.
Subtitle F--Provisions Relating to Acquisition Workforce
SEC. 860. ESTABLISHMENT OF DEFENSE CIVILIAN TRAINING CORPS.
(a) In General.--Part III of subtitle A of title 10, United States
Code, is amended by inserting after chapter 112 the following new
chapter:
``CHAPTER 113--DEFENSE CIVILIAN TRAINING CORPS
``Sec. 2200g. Establishment.
``Sec. 2200h. Program elements.
``Sec. 2200i. Model authorities.
``Sec. 2200j. Definitions.
``SEC. 2200g. ESTABLISHMENT.
``For the purposes of preparing selected students for public
service in Department of Defense occupations relating to acquisition,
science, engineering, or other civilian occupations determined by the
Secretary of Defense, and to target critical skill gaps in the
Department of Defense, the Secretary of Defense shall establish and
maintain a Defense Civilian Training Corps program, organized into one
or more units, at any accredited civilian educational institution
authorized to grant baccalaureate degrees.
``SEC. 2200h. PROGRAM ELEMENTS.
``In establishing the program, the Secretary of Defense shall
determine the following:
``(1) A methodology to identify and target critical skills gaps
in Department of Defense occupations relating to acquisition,
science, engineering, or other civilian occupations determined by
the Secretary of Defense.
``(2) A mechanism to track and report the success of the
program in eliminating any critical skills gaps identified under
paragraph (1).
``(3) Criteria for an accredited civilian educational
institution to participate in the program.
``(4) The eligibility of a student to become a member of the
program.
``(5) Criteria required for a member of the program to receive
financial assistance from the Department of Defense.
``(6) The term of service as an employee of the Department of
Defense required for a member of the program to receive such
financial assistance.
``(7) Criteria required for a member of the program to be
released from a term of service.
``(8) The method by which a successful graduate of the program
may gain immediate employment in the Department of Defense.
``(9) Resources required for implementation of the program.
``SEC. 2200i. MODEL AUTHORITIES.
``In making determinations under section 2200h of this title, the
Secretary of Defense shall use the authorities under chapters 103 and
111 of this title as guides.
``SEC. 2200j. DEFINITIONS.
``In this chapter:
``(1) The term `program' means the Defense Civilian Training
Corps program established under section 2200g.
``(2) The term `member of the program' means a student at an
accredited civilian educational institution who is enrolled in the
program.''.
(b) Implementation Timeline.--
(1) Initial implementation.--Not later than February 15, 2020,
the Secretary of Defense shall submit to the congressional defense
committees a plan and schedule to implement the Defense Civilian
Training Corps program established under chapter 113 of title 10,
United States Code (as added by subsection (a)) at one accredited
civilian educational institution authorized to grant baccalaureate
degrees not later than August 1, 2021. The plan shall include a
list of critical skills gaps the program will address and
recommendations for any legislative changes required for effective
implementation of the program.
(2) Expansion.--Not later than December 31, 2020, the Secretary
of Defense shall submit to the congressional defense committees an
expansion plan and schedule to expand the Defense Civilian Training
Corps program to five accredited civilian educational institutions
not later than August 1, 2022.
(3) Full implementation.--Not later than December 31, 2021, the
Secretary of Defense shall submit to the congressional defense
committees a full implementation plan and schedule to expand the
Defense Civilian Training Corps program to at least 20 accredited
civilian educational institutions with not fewer than 400 members
enrolled in the program not later than August 1, 2023.
SEC. 861. DEFENSE ACQUISITION WORKFORCE CERTIFICATION, EDUCATION,
AND CAREER FIELDS.
(a) Professional Certification Requirement.--
(1) Professional certification required for all acquisition
workforce personnel.--Section 1701a of title 10, United States
Code, is amended--
(A) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(B) by inserting after subsection (b) the following new
subsection:
``(c) Professional Certification.--(1) In General.--The Secretary
of Defense shall implement a certification program to provide for a
professional certification requirement for all members of the
acquisition workforce. Except as provided in paragraph (2), the
certification requirement for any acquisition workforce career field
shall be based on standards developed by a third-party accredited
program based on nationally or internationally recognized standards.
``(2) Requirements for Secretary.--If the Secretary determines
that, for a particular acquisition workforce career field, a third-
party accredited program based on nationally or internationally
recognized standards does not exist, the Secretary shall establish the
certification requirement for that career field that conforms with the
practices of national or international accrediting organizations. The
Secretary shall determine the best approach for meeting the
certification requirement for any such career field, including by
implementing such certification requirement through entities outside
the Department of Defense, and may design and implement such
certification requirement without regard to section 1746 of this
title.''.
(2) Performance management.--Subsection (b) of such section is
amended--
(A) in paragraph (5), by striking ``encourage'' and
inserting ``direct''; and
(B) in paragraph (6), by inserting ``and consequences''
after ``warnings''.
(3) Participation in professional associations.--Subsection (b)
of such section is further amended--
(A) by redesignating paragraphs (6), (7), (8), and (9) as
paragraphs (7), (8), (9), and (10), respectively; and
(B) by inserting after paragraph (5) the following new
paragraph:
``(6) authorize a member of the acquisition workforce to
participate in professional associations, consistent with the
performance plan of such a member in order to provide the member
with the opportunity to gain leadership and management skills.''.
(4) General education, training, and experience requirements.--
Section 1723 of such title is amended--
(A) in subsection (a)(3), by striking the second sentence;
and
(B) in subsection (b)(1), by striking ``encourage'' and
inserting ``direct''.
(5) Effective date.--The Secretary of Defense shall implement
procedures to institute the program required by subsection (c) of
section 1701a of title 10, United States Code, as added by
paragraph (1), not later than 180 days after the date of the
enactment of this Act.
(b) Elimination of Statutory Requirement for Completion of 24
Semester Credit Hours.--
(1) Qualification requirements for contracting positions.--
Section 1724 of title 10, United States Code, is amended--
(A) in subsection (a)(3)--
(i) by striking ``(A)'' after ``(3)''; and
(ii) by striking ``, and (B)'' and all that follows
through ``and management''; and
(B) in subsection (b), by striking ``requirements'' in the
first sentences of paragraphs (1) and (2) and inserting
``requirement'';
(C) in subsection (e)--
(i) in paragraph (1)--
(I) by striking ``requirements in subparagraphs (A)
and (B) of subsection (a)(3)'' and inserting
``requirement of subsection (a)(3)''; and
(II) in subparagraph (C), by striking
``requirements'' and inserting ``requirement''; and
(ii) in paragraph (2)--
(I) by striking ``shall have--'' and all that
follows through ``been awarded'' and inserting ``shall
have been awarded'';
(II) by striking ``; or'' and inserting a period;
and
(III) by striking subparagraph (B); and
(D) in subsection (f), by striking ``, including--'' and
all that follows and inserting a period.
(2) Selection criteria and procedures.--Section 1732 of such
title is amended--
(A) in subsection (b)(1)--
(i) by striking ``Such requirements,'' and all the
follows through ``the person--'' and inserting ``Such
requirements shall include a requirement that the person--
'';
(ii) by striking subparagraph (B); and
(iii) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively, and conforming the
margins accordingly;
(B) in subsection (c), by striking ``requirements of
subsections (b)(1)(A) and (b)(1)(B)'' in paragraphs (1) and (2)
and inserting ``requirement of subsection (b)(1)''; and
(C) in subsection (d)--
(i) by striking ``(1) Except as provided in paragraph
(2),''; and
(ii) by striking paragraph (2).
(c) Defense Acquisition University.--Section 1746 of title 10,
United States Code, is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(4) and (5), respectively;
(B) by inserting after paragraph (1) the following new
paragraphs:
``(2) The professors, instructors, and lecturers employed under
paragraph (1) shall include individuals from civilian colleges or
universities that are not owned or operated by the Federal
Government, commercial learning and development organizations,
industry, or federally funded research and development centers.
``(3) The Secretary of Defense shall ensure that--
``(A) not later than September 1, 2021, not less than five
full-time visiting professors employed under paragraph (1) are
from civilian colleges or universities described under
paragraph (2); ; and
``(B) not later than September 1, 2022, not less than ten
full-time visiting professors employed under paragraph (1) are
from such civilian colleges or universities.''; and
(2) in subsection (c), by inserting ``, and with commercial
training providers,'' after ``military departments''.
(d) Designation of Security Cooperation as an Acquisition
Position.--Section 1721(b) of title 10, United States Code, is
amended--
(1) by amending paragraph (11) to read as follows:
``(11) Security cooperation.''; and
(2) by adding at the end the following new paragraph:
``(13) Other positions, as necessary.''.
(e) Career Paths.--
(1) Career path required for each acquisition workforce career
field.--Paragraph (4) of section 1701a(b) of title 10, United
States Code, is amended to read as follows:
``(4) develop and implement a career path, as described in
section 1722(a) of this title, for each career field designated by
the Secretary under section 1721(a) of this title as an acquisition
workforce career field;''.
(2) Conforming amendments.--Section 1722(a) of such title is
amended--
(A) by striking ``appropriate career paths'' and inserting
``an appropriate career path''; and
(B) by striking ``are identified'' and inserting ``is
identified for each acquisition workforce career field''.
(3) Deadline for implementation of career paths.--Not later
than the end of the two-year period beginning on the date of the
enactment of this Act, the Secretary of Defense shall carry out the
requirements of paragraph (4) of section 1701a(b) of title 10,
United States Code (as amended by paragraph (1)).
(f) Career Fields.--
(1) Designation of acquisition workforce career fields.--
Section 1721(a) of such title is amended by adding at the end the
following new sentence: ``The Secretary shall also designate in
regulations those career fields in the Department of Defense that
are acquisition workforce career fields for purposes of this
chapter.''.
(2) Clerical amendments.--(A) The heading of section 1721 of
such title is amended to read as follows:
``Sec. 1721. Designation of acquisition positions and acquisition
workforce career fields''.
(B) The item relating to such section in the table of
sections at the beginning of subchapter II of chapter 87 of
such title is amended to read as follows:
``1721. Designation of acquisition positions and acquisition workforce
career fields.''.
(3)(A) The heading of subchapter II of chapter 87 of such title
is amended to read as follows:
``subchapter ii--acquisition positions and acquisition workforce career
fields''.
(B) The item relating to such subchapter in the table of
subchapters at the beginning of such chapter is amended to read as
follows:
``II. Acquisition Positions And Acquisition Workforce Career
Fields...........................................................1721''.
(4) Deadline for designation of career fields.--Not later than
the end of the six-month period beginning on the date of the
enactment of this Act, the Secretary of Defense shall carry out the
requirements of the second sentence of section 1721(a) of title 10,
United States Code (as added by paragraph (1)).
(g) Key Work Experiences.--
(1) Development of key work experiences for each acquisition
workforce career field.--Section 1722b of such title is amended by
adding at the end the following new subsection:
``(c) Key Work Experiences.--In carrying out subsection (b)(2), the
Secretary shall ensure that key work experiences, in the form of
multidisciplinary experiences, are developed for each acquisition
workforce career field.''.
(2) Plan for implementation of key work experiences.--Not later
than one year after the date of the enactment of this Act, the
Secretary of Defense shall submit to the congressional defense
committees a plan identifying the specific actions the Secretary
has taken, and is planning to take, to develop and establish key
work experiences for each acquisition workforce career field as
required by subsection (c) of section 1722b of title 10, United
States Code (as added by paragraph (1)). The plan shall specify the
percentage of the acquisition workforce, or funds available for
administration of the acquisition workforce on an annual basis,
that the Secretary will dedicate towards developing and
establishing such key work experiences.
(h) Applicability of Career Path Requirements to All Members of
Acquisition Workforce.--Section 1723(b) of such title is amended by
striking ``the critical acquisition-related''.
(i) Competency Development.--
(1) In general.--Subchapter V of chapter 87 of such title is
amended by adding at the end the following new section:
``Sec. 1765. Competency development
``For each acquisition workforce career field, the Secretary of
Defense shall--
``(1) establish, for the civilian personnel in that career
field, defined proficiency standards and technical and nontechnical
competencies which shall be used in personnel qualification
assessments; and
``(2) assign resources to accomplish such technical and
nontechnical competencies.''.
(2) The table of sections at the beginning of such subchapter
II is amended by adding at the end the following new item:
``1765. Competency development.''.
(3) Deadline for implementation.--Not later than the end of the
two-year period beginning on the date of the enactment of this Act,
the Secretary of Defense shall carry out the requirements of
section 1765 of title 10, United States Code (as added by paragraph
(1)).
(j) Termination of Defense Acquisition Corps.--
(1) The Acquisition Corps for the Department of Defense
referred to in section 1731(a) of title 10, United States Code, is
terminated.
(2) Section 1733 of title 10, United States Code, is amended--
(A) by striking subsection (a); and
(B) by redesignating subsection (b) as subsection (a).
(3) Subsection (b) of section 1731 of such title is transferred
to the end of section 1733 of such title, as amended by paragraph
(2), and amended--
(A) by striking ``Acquisition Corps'' in the heading and
inserting ``the Acquisition Workforce''; and
(B) by striking ``selected for the Acquisition Corps'' and
inserting ``in the acquisition workforce''.
(4) Subsection (e) of section 1732 of such title is transferred
to the end of section 1733 of such title, as amended by paragraphs
(2) and (3), redesignated as subsection (c), and amended--
(A) by striking ``in the Acquisition Corps'' in paragraphs
(1) and (2) and inserting ``in critical acquisition
positions''; and
(B) by striking ``serving in the Corps'' in paragraph (2)
and inserting ``employment''.
(5) Sections 1731 and 1732 of such title are repealed.
(6)(A) Section 1733 of such title, as amended by paragraphs
(2), (3), and (4), is redesignated as section 1731.
(B) The table of sections at the beginning of subchapter III of
chapter 87 of such title is amended by striking the items relating
to sections 1731, 1732, and 1733 and inserting the following new
item:
``1731. Critical acquisition positions.''.
(7)(A) The heading of subchapter III of chapter 87 of such
title is amended to read as follows:
``subchapter iii--critical acquisition positions''.
(B) The item relating to such subchapter in the table of
subchapters at the beginning of such chapter is amended to read as
follows:
``III. Critical Acquisition Positions............................1731''.
(8) Section 1723(a)(2) of such title is amended by striking
``section 1733 of this title'' and inserting ``section 1731 of this
title''.
(9) Section 1725 of such title is amended--
(A) in subsection (a)(1), by striking ``Defense Acquisition
Corps'' and inserting ``acquisition workforce''; and
(B) in subsection (d)(2), by striking ``of the Defense
Acquisition Corps'' and inserting ``in the acquisition
workforce serving in critical acquisition positions''.
(10) Section 1734 of such title is amended--
(A) by striking ``of the Acquisition Corps'' in subsections
(e)(1) and (h) and inserting ``of the acquisition workforce'';
and
(B) in subsection (g)--
(i) by striking ``of the Acquisition Corps'' in the
first sentence and inserting ``of the acquisition
workforce'';
(ii) by striking ``of the Corps'' and inserting ``of
the acquisition workforce''; and
(iii) by striking ``of the Acquisition Corps'' in the
second sentence and inserting ``of the acquisition
workforce in critical acquisition positions''.
(11) Section 1737 of such title is amended--
(A) in subsection (a)(1), by striking ``of the Acquisition
Corps'' and inserting ``of the acquisition workforce''; and
(B) in subsection (b), by striking ``of the Corps'' and
inserting ``of the acquisition workforce''.
(12) Section 1742(a)(1) of such title is amended by striking
``the Acquisition Corps'' and inserting ``acquisition positions in
the Department of Defense''.
(13) Section 2228(a)(4) of such title is amended by striking
``under section 1733(b)(1)(C) of this title'' and inserting ``under
section 1731 of this title''.
(14) Section 7016(b)(5)(B) of such title is amended by striking
``under section 1733 of this title'' and inserting ``under section
1731 of this title''.
(15) Section 8016(b)(4)(B) of such title is amended by striking
``under section 1733 of this title'' and inserting ``under section
1731 of this title''.
(16) Section 9016(b)(4)(B) of such title is amended by striking
``under section 1733 of this title'' and inserting ``under section
1731 of this title''.
(17) Paragraph (1) of section 317 of title 37, United States
Code, is amended to read as follows:
``(1) is a member of the acquisition workforce selected to
serve in, or serving in, a critical acquisition position designated
under section 1731 of title 10.''.
SEC. 862. SOFTWARE DEVELOPMENT AND SOFTWARE ACQUISITION TRAINING
AND MANAGEMENT PROGRAMS.
(a) Establishment of Software Development and Software Acquisition
Training and Management Programs.--
(1) In general.--The Secretary of Defense, acting through the
Under Secretary of Defense for Acquisition and Sustainment and in
consultation with the Under Secretary of Defense for Research and
Engineering, the Under Secretary of Defense for Personnel and
Readiness, and the Chief Information Officer of the Department of
Defense, shall establish software development and software
acquisition training and management programs for all software
acquisition professionals, software developers, and other
appropriate individuals (as determined by the Secretary of
Defense), to earn a certification in software development and
software acquisition.
(2) Program contents.--The programs established under paragraph
(1) shall--
(A) develop and expand the use of specialized training
programs for chief information officers of the military
departments and the Defense Agencies, service acquisition
executives, program executive officers, and program managers to
include training on and experience in--
(i) continuous software development; and
(ii) acquisition pathways available to acquire
software;
(B) ensure that appropriate program managers--
(i) have demonstrated competency in current software
processes;
(ii) have the skills to lead a workforce that can
quickly meet challenges, use software tools that prioritize
continuous or frequent upgrades as such tools become
available, take up opportunities provided by new
innovations, and plan software activities in short
iterations to learn from risks of software testing; and
(iii) have the experience and training to delegate
technical oversight and execution decisions; and
(C) include continuing education courses, exchanges with
private-sector organizations, and experiential training to help
individuals maintain skills learned through the programs.
(b) Reports.--
(1) Reports required.--The Secretary shall submit to the
congressional defense committees--
(A) not later than 90 days after the date of the enactment
of this Act, an initial report; and
(B) not later than one year after the date of the enactment
of this Act, a final report.
(2) Contents.--Each report required under paragraph (1) shall
include--
(A) the status of implementing the software development and
software acquisition training and management programs
established under subsection (a)(1);
(B) a description of the requirements for certification,
including the requirements for competencies in current software
processes;
(C) a description of potential career paths in software
development and software acquisition within the Department of
Defense;
(D) an independent assessment conducted by the Defense
Innovation Board of the progress made on implementing the
programs established under subsection (a)(1); and
(E) any recommendations for changes to existing law to
facilitate the implementation of the programs established under
subsection (a)(1).
(c) Definitions.--In this section:
(1) Program executive officer; program manager.--The terms
``program executive officer'' and ``program manager'' have the
meanings given those terms, respectively, in section 1737 of title
10, United States Code.
(2) Service acquisition executive.--The terms ``military
department'', ``Defense Agency'', and ``service acquisition
executive'' have the meanings given those terms, respectively, in
section 101 of title 10, United States Code.
(3) Major defense acquisition program.--The term ``major
defense acquisition program'' has the meaning given in section 2430
of title 10, United States Code.
(4) Defense business system.--The term ``defense business
system'' has the meaning given in section 2222(i)(1) of title 10,
United States Code.
SEC. 863. MODIFICATION OF TEMPORARY ASSIGNMENTS OF DEPARTMENT OF
DEFENSE EMPLOYEES TO A PRIVATE-SECTOR ORGANIZATION.
(a) Public-private Talent Exchange Program.--Section 1599g of title
10, United States Code, is amended by adding at the end the following
new subsections:
``(i) Conflicts of Interest.--A private-sector organization that is
temporarily assigned a member of the acquisition workforce under this
section shall not be considered to have a conflict of interest with the
Department of Defense solely because of participation in the program
established under this section.
``(j) Funding; Use of Defense Acquisition Workforce Development
Fund.--Funds for the expenses for the program established under this
section may be provided from amounts in the Department of Defense
Acquisition Workforce Development Fund. Expenses for the program
include--
``(1) notwithstanding section 1705(e)(5) of this title, the
base salary of a civilian member of the acquisition workforce
assigned to a private-sector organization under this section,
during the period of that assignment;
``(2) expenses relating to assignment under this section of a
member of the acquisition workforce away from the member's regular
duty station, including expenses for travel, per diem, and lodging;
and
``(3) expenses for the administration of the program.''.
(b) Use of Defense Acquisition Workforce Development Fund.--Section
1705(e)(1) of such title is amended by adding at the end the following
new subparagraph:
``(C) Amounts in the Fund may be used to pay the expenses
of the public-private talent exchange program established under
section 1599g of this title.''.
SEC. 864. INCENTIVES AND CONSIDERATION FOR QUALIFIED TRAINING
PROGRAMS.
(a) In General.--Chapter 141 of title 10, United States Code, is
amended by inserting after section 2409 the following new section:
``Sec. 2409a. Incentives and consideration for qualified training
programs
``(a) Incentives.--The Secretary of Defense shall develop workforce
development investment incentives for a contractor that implements a
qualified training program to develop the workforce of the contractor
in a manner consistent with the needs of the Department of Defense.
``(b) Consideration of Qualified Training Programs.--The Secretary
of Defense shall revise the Department of Defense Supplement to the
Federal Acquisition Regulation to require that the system used by the
Federal Government to monitor or record contractor past performance
includes an analysis of the availability, quality, and effectiveness of
a qualified training program of an offeror as part of the past
performance rating of such offeror.
``(c) Qualified Training Program Defined.--The term `qualified
training program' means any of the following:
``(1) A program eligible to receive funds under the Workforce
Innovation and Opportunity Act (29 U.S.C. 3101 et seq.).
``(2) A program eligible to receive funds under the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301
et seq.).
``(3) A program registered under the Act of August 16, 1937
(commonly known as the `National Apprenticeship Act'; Stat. 664,
chapter 663; 29 U.S.C. 50 et seq.).
``(4) Any other program determined to be a qualified training
program for purposes of this section, and that meets the workforce
needs of the Department of Defense, as determined by the Secretary
of Defense.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2409 the following new item:
``2409a. Incentives and consideration for qualified training
programs.''.
SEC. 865. USE OF QUALIFIED APPRENTICES BY MILITARY CONSTRUCTION
CONTRACTORS.
(a) Use of Qualified Apprentices by Military Construction
Contractors.--
(1) In general.--Subchapter III of chapter 169 of title 10,
United States Code, is amended by adding at the end the following
new section:
``Sec. 2870. Use of qualified apprentices by military construction
contractors
``(a) Certification Required.--The Secretary of Defense shall
require each offeror for a contract for a military construction project
to certify to the Secretary that, if awarded such a contract, the
offeror will--
``(1) establish a goal that not less than 20 percent of the
total workforce employed in the performance of such a contract are
qualified apprentices; and
``(2) make a good faith effort to meet or exceed such goal.
``(b) Incentives.--The Secretary of Defense shall develop
incentives for offerors for a contract for military construction
projects to meet or exceed the goal described in subsection (a).
``(c) Consideration of Use of Qualified Apprentices.--The Secretary
of Defense shall revise the Department of Defense Supplement to the
Federal Acquisition Regulation to require that the system used by the
Federal Government to monitor or record contractor past performance
includes an analysis of whether the contractor has made a good faith
effort to meet or exceed the goal described in subsection (a),
including consideration of the actual number of qualified apprentices
used by the contractor on the contract, as part of the past performance
rating of such contractor.
``(d) Qualified Apprentice Defined.--In this section, the term
`qualified apprentice' means an employee participating in an
apprenticeship program that is--
``(1) registered with the Office of Apprenticeship of the
Employment Training Administration of the Department of Labor
pursuant to the Act of August 16, 1937 (popularly known as the
`National Apprenticeship Act'; 29 U.S.C. 50 et seq.);
``(2) registered with a State apprenticeship agency recognized
by such Office of Apprenticeship pursuant to such Act; or
``(3) determined to be a high-quality apprenticeship program by
industry and the Secretary of Labor.''.
(2) Clerical amendment.--The table of sections at the beginning
of subchapter III of chapter 169 of title 10, United States Code,
is amended by adding at the end the following new item:
``2870. Use of qualified apprentices by military construction
contractors.''.
(b) Applicability.--The amendments made by this section shall apply
with respect to contracts awarded on or after the date that is 180 days
after the date of the enactment of this Act.
Subtitle G--Small Business Matters
SEC. 870. REQUIREMENTS RELATING TO CREDIT FOR CERTAIN SMALL
BUSINESS CONCERN SUBCONTRACTORS.
(a) Credit for Certain Small Business Concern Subcontractors.--
Section 8(d)(16) of the Small Business Act (15 U.S.C. 637(d)) is
amended to read as follows:
``(16) Credit for certain small business concern
subcontractors.--
``(A) In general.--For purposes of determining whether or
not a prime contractor has attained the percentage goals
specified in paragraph (6)--
``(i) if the subcontracting goals pertain only to a
single contract with a Federal agency, the prime contractor
may elect to receive credit for small business concerns
performing as first tier subcontractors or subcontractors
at any tier pursuant to the subcontracting plans required
under paragraph (6)(D) in an amount equal to the total
dollar value of any subcontracts awarded to such small
business concerns; and
``(ii) if the subcontracting goals pertain to more than
one contract with one or more Federal agencies, or to one
contract with more than one Federal agency, the prime
contractor may only receive credit for first tier
subcontractors that are small business concerns.
``(B) Collection and review of data on subcontracting
plans.--The head of each contracting agency shall ensure that
the agency--
``(i) collects and reports data on the extent to which
prime contractors of the agency meet the goals and
objectives set forth in subcontracting plans submitted
pursuant to this subsection; and
``(ii) periodically reviews data collected and reported
pursuant to clause (i) for the purpose of ensuring that
such contractors comply in good faith with the requirements
of this subsection.
``(C) Rule of construction.--Nothing in this paragraph
shall be construed to allow a Federal agency to establish a
goal for an number of subcontracts with a subcontractor at any
tier for a prime contractor otherwise eligible to receive
credit under this paragraph.''.
(b) Maintenance of Records With Respect to Credit Under a
Subcontracting Plan.--Section 8(d)(6) of the Small Business Act (15
U.S.C. 637(d)(6)) is amended--
(1) by redesignating subparagraphs (G) and (H) as subparagraphs
(H) and (I), respectively (and conforming the margins accordingly);
and
(2) by inserting after subparagraph (F) the following new
subparagraph:
``(G) a recitation of the types of records the successful
offeror or bidder will maintain to demonstrate that procedures
have been adopted to substantiate the credit the successful
offeror or bidder will elect to receive under paragraph
(16)(A);''.
SEC. 871. INCLUSION OF BEST IN CLASS DESIGNATIONS IN ANNUAL REPORT
ON SMALL BUSINESS GOALS.
Section 15(h) of the Small Business Act (15 U.S.C. 644(h)) is
amended by adding at the end the following new paragraph:
``(4) Best in class small business participation reporting.--
``(A) Addendum.--In addition to the requirements under
paragraph (2) and for each best in class designation, the
Administrator shall include in the report required by such
paragraph--
``(i) the total amount of spending Governmentwide in
such designation; and
``(ii) the number of small business concerns awarded
contracts and the dollar amount of such contracts awarded
within each such designation to each of the following--
``(I) qualified HUBZone small business concerns;
``(II) small business concerns owned and controlled
by women;
``(III) small business concerns owned and
controlled by service-disabled veterans; and
``(IV) small business concerns owned and controlled
by socially and economically disadvantaged individuals.
``(B) Best in class defined.--The term `best in class' has
the meaning given such term by the Director of the Office of
Management and Budget.
``(C) Effective date.--The Administrator shall report on
the information described by subparagraph (A) beginning on the
date that such information is available in the Federal
Procurement Data System, the System for Award Management, or
any successor to such systems.''.
SEC. 872. REAUTHORIZATION AND IMPROVEMENT OF DEPARTMENT OF DEFENSE
MENTOR-PROTEGE PROGRAM.
(a) Reauthorization.--
(1) In general.--Subsection (j) of section 831 of the National
Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510;
10 U.S.C. 2302 note) is amended--
(A) in paragraph (1), by striking ``September 30, 2018''
and inserting ``September 30, 2024''; and
(B) in paragraph (2), by striking ``September 30, 2021''
and inserting ``September 30, 2026''.
(2) Program participation term.--Subsection (e)(2) of such
section is amended by striking ``three years'' each place such term
appears and inserting ``two years''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date on which the Secretary of Defense
submits to Congress the small business strategy required under
section 2283 of title 10, United States Code. The Secretary of
Defense shall notify the Law Revision Counsel of the House of
Representatives of the submission of the strategy so that the Law
Revision Counsel may execute the amendments made by this
subsection.
(b) Office of Small Business Programs Oversight.--Section 831 of
the National Defense Authorization Act for Fiscal Year 1991 (Public Law
101-510; 10 U.S.C. 2302 note) is amended--
(1) by redesignating subsection (n) as subsection (o); and
(2) by inserting after subsection (m) the following new
subsection:
``(n) Establishment of Performance Goals and Periodic Reviews.--The
Office of Small Business Programs of the Department of Defense shall--
``(1) establish performance goals consistent with the stated
purpose of the Mentor-Protege Program and outcome-based metrics to
measure progress in meeting those goals; and
``(2) submit to the congressional defense committees, not later
than February 1, 2020, a report on progress made toward
implementing these performance goals and metrics, based on periodic
reviews of the procedures used to approve mentor-protege
agreements.''.
(c) Modification of Disadvantaged Small Business Concern
Definition.--Paragraph (2) of section 831(o) of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C.
2302 note), as redesignated by subsection (b)(1), is amended in the
matter preceding subparagraph (A) by striking ``has less than half the
size standard corresponding to its primary North American Industry
Classification System code'' and inserting ``is not more than the size
standard corresponding to its primary North American Industry
Classification System code''.
(d) Independent Report on Program Effectiveness.--The Secretary of
Defense shall direct the Defense Business Board to submit, not later
than March 31, 2022, to the congressional defense committees a report
evaluating the effectiveness of the Mentor-Protege Program established
under section 831 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), including
recommendations for improving the program in terms of performance
metrics, forms of assistance, and overall program effectiveness.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter until September 30,
2024, the Secretary of Defense shall submit to the congressional
defense committees a report on the Mentor-Protege Program established
under section 831 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note) that describes--
(1) each mentor-protege agreement entered into under such
section, disaggregated by the type of disadvantaged small business
concern (as defined in subsection (o) of such section) receiving
assistance pursuant to such an agreement;
(2) the type of assistance provided to protege firms (as
defined in such subsection) under each such agreement;
(3) the benefits provided to mentor firms (as defined in such
subsection) under each such agreement; and
(4) the progress of protege firms under each such agreement
with respect to competing for Federal prime contracts and
subcontracts.
SEC. 873. ACCELERATED PAYMENTS APPLICABLE TO CONTRACTS WITH CERTAIN
SMALL BUSINESS CONCERNS UNDER THE PROMPT PAYMENT ACT.
Section 3903(a) of title 31, United States Code, is amended--
(1) in paragraph (1)(B), by inserting ``except as provided in
paragraphs (10) and (11),'' before ``30 days'';
(2) in paragraph (8), by striking ``and'';
(3) in paragraph (9), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following new paragraphs:
``(10) for a prime contractor (as defined in section 8701(5) of
title 41) that is a small business concern (as defined under
section 3 of the Small Business Act (15 U.S.C. 632)), to the
fullest extent permitted by law, require that the head of an agency
establish an accelerated payment date with a goal of 15 days after
a proper invoice for the amount due is received if a specific
payment date is not established by contract; and
``(11) for a prime contractor (as defined in section 8701(5) of
title 41) that subcontracts with a small business concern (as
defined under section 3 of the Small Business Act (15 U.S.C. 632)),
to the fullest extent permitted by law, require that the head of an
agency establish an accelerated payment date with a goal of 15 days
after a proper invoice for the amount due is received if--
``(A) a specific payment date is not established by
contract; and
``(B) such prime contractor agrees to make payments to such
subcontractor in accordance with such accelerated payment date,
to the maximum extent practicable, without any further
consideration from or fees charged to such subcontractor.''.
SEC. 874. POSTAWARD EXPLANATIONS FOR UNSUCCESSFUL OFFERORS FOR
CERTAIN CONTRACTS.
Not later than 180 days after the date of the enactment of this
Act, the Federal Acquisition Regulation shall be revised to require
that with respect to an offer for a task order or delivery order in an
amount greater than the simplified acquisition threshold (as defined in
section 134 of title 41, United States Code) and less than or equal to
$5,500,000 issued under an indefinite delivery-indefinite quantity
contract, the contracting officer for such contract shall, upon written
request from an unsuccessful offeror, provide a brief explanation as to
why such offeror was unsuccessful that includes a summary of the
rationale for the award and an evaluation of the significant weak or
deficient factors in the offeror's offer.
SEC. 875. SMALL BUSINESS CONTRACTING CREDIT FOR SUBCONTRACTORS THAT
ARE PUERTO RICO BUSINESSES OR COVERED TERRITORY BUSINESSES.
Section 15(x) of the Small Business Act (15 U.S.C. 644(x)(1)) is
amended--
(1) in the subsection heading, by adding ``and Covered
Territory Businesses'' after ``Puerto Rico Businesses'';
(2) in paragraph (1)--
(A) by inserting ``or a covered territory business, or a
prime contractor awards a subcontract (at any tier) to a
subcontractor that is a Puerto Rico business or a covered
territory business,'' after ``Puerto Rico business'';
(B) by inserting ``or subcontract'' after ``the contract'';
and
(C) by striking ``subsection (g)(1)(A)(i)'' and inserting
``subsection (g)(1)(A)''; and
(3) by adding at the end the following new paragraph:
``(3) Covered territory business defined.--In this subsection,
the term `covered territory business' means a small business
concern that has its principal office located in one of the
following:
``(A) The United States Virgin Islands.
``(B) American Samoa.
``(C) Guam.
``(D) The Northern Mariana Islands.''.
SEC. 876. TECHNICAL AMENDMENT REGARDING TREATMENT OF CERTAIN
SURVIVING SPOUSES UNDER THE DEFINITION OF SMALL BUSINESS CONCERN
OWNED AND CONTROLLED BY SERVICE-DISABLED VETERANS.
Effective on the date specified in subsection (e) of section 1832
of the National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328; 130 Stat. 2660), section 3(q)(2) of the Small Business Act
(15 U.S.C. 632(q)) is amended--
(1) in subparagraph (C)(i)(II), by striking ``rated as 100
percent'' and all that follows through ``service-connected
disability''; and
(2) by amending subparagraph (C)(ii)(III) to read as follows:
``(III) the date that--
``(aa) in the case of a surviving spouse of a
veteran with a service-connected disability rated as
100 percent disabling or who dies as a result of a
service-connected disability, is 10 years after the
date of the death of the veteran; or
``(bb) in the case of a surviving spouse of a
veteran with a service-connected disability rated as
less than 100 percent disabling who does not die as a
result of a service-connected disability, is 3 years
after the date of the death of the veteran.''.
SEC. 877. EXTENSION OF LOAN ASSISTANCE AND DEFERRAL ELIGIBILITY TO
RESERVISTS AND MEMBERS OF THE NATIONAL GUARD BEYOND PERIODS OF
MILITARY CONFLICT.
(a) Small Business Act Amendments.--Section 7 of the Small Business
Act (15 U.S.C. 636) is amended--
(1) in subsection (b)(3)--
(A) in subparagraph (A)--
(i) by striking clause (ii);
(ii) by redesignating clause (i) as clause (ii);
(iii) by inserting before clause (ii), as so
redesignated, the following:
``(i) the term `active service' has the meaning given that
term in section 101(d)(3) of title 10, United States Code;'';
and
(iv) in clause (ii), as so redesignated, by adding
``and'' at the end;
(B) in subparagraph (B), by striking ``being ordered to
active military duty during a period of military conflict'' and
inserting ``being ordered to perform active service for a
period of more than 30 consecutive days'';
(C) in subparagraph (C), by striking ``active duty'' each
place it appears and inserting ``active service''; and
(D) in subparagraph (G)(ii)(II), by striking ``active
duty'' and inserting ``active service''; and
(2) in subsection (n)--
(A) in the subsection heading, by striking ``Active Duty''
and inserting ``Active Service'';
(B) in paragraph (1)--
(i) by striking subparagraph (C);
(ii) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively;
(iii) by inserting before subparagraph (B), as so
redesignated, the following:
``(A) Active service.--The term `active service' has the
meaning given that term in section 101(d)(3) of title 10,
United States Code.'';
(iv) in subparagraph (B), as so redesignated, by
striking ``ordered to active duty during a period of
military conflict'' and inserting ``ordered to perform
active service for a period of more than 30 consecutive
days''; and
(v) in subparagraph (D), by striking ``active duty''
each place it appears and inserting ``active service''; and
(C) in paragraph (2)(B), by striking ``active duty'' each
place it appears and inserting ``active service''.
(b) Applicability.--The amendments made by subsection (a)(1) shall
apply to an economic injury suffered or likely to be suffered as the
result of an essential employee being ordered to perform active service
(as defined in section 101(d)(3) of title 10, United States Code) for a
period of more than 30 consecutive days who is discharged or released
from such active service on or after the date of enactment of this Act.
(c) Semiannual Report.--Not later than 180 days after the date of
enactment of this Act, and semiannually thereafter, the President shall
submit to the Committee on Small Business and Entrepreneurship and the
Committee on Appropriations of the Senate and the Committee on Small
Business and the Committee on Appropriations of the House of
Representatives a report on the number of loans made under the Military
Reservist Economic Injury Disaster Loan program and the dollar volume
of those loans. The report shall contain the subsidy rate of the
disaster loan program as authorized under section 7(b) of the Small
Business Act (15 U.S.C. 636(b)) with the loans made under the Military
Reservist Economic Injury Disaster Loan program and without those loans
included.
(d) Technical and Conforming Amendment.--Section 8(l) of the Small
Business Act (15 U.S.C. 637(l)) is amended--
(1) by striking ``The Administration'' and inserting the
following:
``(1) In general.--The Administration'';
(2) by striking ``(as defined in section 7(n)(1))''; and
(3) by adding at the end the following:
``(2) Definition of period of military conflict.--In this
subsection, the term `period of military conflict' means--
``(A) a period of war declared by the Congress;
``(B) a period of national emergency declared by the
Congress or by the President; or
``(C) a period of a contingency operation, as defined in
section 101(a) of title 10, United States Code.''.
SEC. 878. MODIFICATION TO THE DEFENSE RESEARCH AND DEVELOPMENT
RAPID INNOVATION PROGRAM.
(a) Types of Awards; Award Size; Limitation on Certain Awards.--
Section 2359a of title 10, United States Code, is amended--
(1) in subsection (a)(1), by inserting ``phase II Small
Business Technology Transfer Program projects,'' after
``projects,'';
(2) in subsection (b)--
(A) in paragraph (3), by striking ``$3,000,000'' and all
that follows through the period at the end and inserting
``$6,000,000.''; and
(B) by adding at the end the following new paragraph:
``(7) A preference under the program for funding small business
concerns.''; and
(3) in subsection (d)--
(A) by striking ``Subject to'' and inserting ``(1) Subject
to'';
(B) in paragraph (1), as so designated, by inserting ``and
to the limitation under paragraph (2)'' after ``for such
purpose''; and
(C) by adding at the end the following new paragraph:
``(2) During any fiscal year, the total amount of awards in an
amount greater than $3,000,000 made under the program established
under subsection (a) may not exceed 25 percent of the amount made
available to carry out such program during such fiscal year.''.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the program established
under section 2359a(a) of title 10, United States Code (commonly known
as the ``Defense Research and Development Rapid Innovation Program''),
which shall include--
(1) with respect to the two fiscal years preceding the
submission of the report--
(A) a description of the total number of proposals funded
under the program;
(B) the percent of funds made available under the program
for phase II Small Business Innovation Research Program
projects (as defined under section 9 of the Small Business Act
(15 U.S.C. 638)); and
(C) a list of phase II Small Business Innovation Research
Program projects that received funding under the program that
were included in major defense acquisition programs (as defined
in section 2430 of title 10, United States Code) and other
defense acquisition programs that meet critical national
security needs; and
(2) an assessment on the effectiveness of the program in
stimulating innovative technologies, reducing acquisition or
lifecycle costs, addressing technical risk, and improving the
timeliness and thoroughness of test and evaluation outcomes.
SEC. 879. ALIGNMENT OF THE DEPARTMENT OF DEFENSE SMALL BUSINESS
INNOVATION RESEARCH PROGRAM AND SMALL BUSINESS TECHNOLOGY
TRANSFER PROGRAM WITH THE NATIONAL DEFENSE SCIENCE AND TECHNOLOGY
STRATEGY.
The Secretary of Defense and Secretaries of the military
departments shall, to the extent practicable, align the research topics
selected for activities conducted under the Small Business Innovation
Research Program and Small Business Technology Transfer Program (as
defined under section 9 of the Small Business Act (15 U.S.C. 638)) with
the National Defense Science and Technology Strategy developed under
section 218 of the John. S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1679).
SEC. 880. ASSISTANCE FOR SMALL BUSINESS CONCERNS PARTICIPATING IN
THE SBIR AND STTR PROGRAMS.
(a) Definition of Senior Procurement Executive.--Section 9(e) of
the Small Business Act (15 U.S.C. 638(e)) is amended--
(1) in paragraph (12)(B), by striking ``and'' at the end;
(2) in paragraph (13)(B), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(14) the term `senior procurement executive' means an
official designated under section 1702(c) of title 41, United
States Code, as the senior procurement executive of a Federal
agency participating in a SBIR or STTR program.''.
(b) Inclusion of Senior Procurement Executives in SBIR and STTR.--
(1) In general.--Section 9(b) of the Small Business Act (15
U.S.C. 638(b)) is amended--
(A) in paragraph (8), by striking ``and'' at the end;
(B) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(10) to consult, where appropriate, with personnel from the
relevant Federal agency to assist small business concerns
participating in a SBIR or STTR program with commercializing
research developed under such a program before such small business
concern is awarded a contract from such Federal agency.''.
(2) Technical amendment.--Section 9(b)(3) of the Small Business
Act (15 U.S.C. 638(b)(3)) is amended by striking ``and'' at the
end.
(c) Modifications Relating to Procurement Center Representatives
and Other Acquisition Personnel.--
(1) SBIR amendment.--Section 9(j) of the Small Business Act (15
U.S.C. 638(j)) is amended by adding at the end the following new
paragraph:
``(4) Modifications relating to procurement center
representatives.--Upon the enactment of this paragraph, the
Administrator shall modify the policy directives issued pursuant to
this subsection to require procurement center representatives (as
described in section 15(l)) to consult with the appropriate
personnel from the relevant Federal agency, to assist small
business concerns participating in the SBIR program, particularly
in Phase III.''.
(2) STTR amendment.--Section 9(p)(2) of the Small Business Act
(15 U.S.C. 638(p)(2)) is amended--
(A) in subparagraph (E)(ii), by striking ``and'' at the
end;
(B) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(G) procedures to ensure that procurement center
representatives (as described in section 15(l))--
``(i) consult with the appropriate personnel from the
relevant Federal agency, to assist small business concerns
participating in the STTR program, particularly in Phase
III;
``(ii) provide technical assistance to such concerns to
submit a bid for an award of a Federal contract; and
``(iii) consult with the appropriate personnel from the
relevant Federal agency in providing the assistance
described in clause (i).''.
(d) Amendment to Duties of Procurement Center Representatives.--
Section 15(l)(2) of the Small Business Act (15 U.S.C. 644(l)(2)) is
amended--
(1) in subparagraph (I), by striking ``and'' at the end;
(2) by redesignating subparagraph (J) as subparagraph (K); and
(3) by inserting after subparagraph (I) the following new
subparagraph:
``(J) consult with the appropriate personnel from the
relevant Federal agency, to assist small business concerns
participating in a SBIR or STTR program under section 9 with
Phase III;''.
(e) Amendment to the Duties of the Director of Small and
Disadvantaged Business Utilization for Federal Agencies.--Section 15(k)
of the Small Business Act (15 U.S.C. 644(k)) is amended--
(1) in paragraph (19), by striking ``and'' at the end;
(2) in paragraph (20), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new paragraph:
``(21) shall consult with the appropriate personnel from the
relevant Federal agency to assist small business concerns
participating in a SBIR or STTR program under section 9 with
researching applicable solicitations for the award of a Federal
contract (particularly with the Federal agency that has a funding
agreement, as defined under section 9, with the concern) to market
the research developed by such concern under such SBIR or STTR
program.''.
SEC. 881. CYBERSECURITY TECHNICAL ASSISTANCE FOR SBIR AND STTR
PROGRAMS.
(a) In General.--The Secretary of Defense may enter into an
agreement with 1 or more vendors selected under section 9(q)(2) of the
Small Business Act (15 U.S.C. 638(q)(2)) to provide small business
concerns engaged in SBIR or STTR projects with cybersecurity technical
assistance, such as access to a network of cybersecurity experts and
engineers engaged in designing and implementing cybersecurity
practices.
(b) Amounts.--In carrying out subsection (a), the Secretary of
Defense may provide the amounts described under section 9(q)(3) of such
Act (15 U.S.C. 638(q)(3)) to a recipient that meets the eligibility
requirements under the such paragraph, if the recipient requests to
seek cybersecurity technical assistance from an individual or entity
other than a vendor selected as described in subsection (a).
SEC. 882. FUNDING FOR DEFENSE RESEARCH ACTIVITIES OF SMALL BUSINESS
CONCERNS.
Not later than March 1, 2020, the Secretary of Defense shall submit
to the congressional defense committees a report on funds or other
assistance made available to small business concerns (as defined under
section 3 of the Small Business Act (15 U.S.C. 632)) as prime
contractors for research, development, test, and evaluation activities,
in each of fiscal years 2017, 2018, and 2019 under any--
(1) research, development, test, and evaluation programs of the
Department of Defense;
(2) Small Business Innovation Research programs of the
Department of Defense;
(3) Small Business Technology Transfer programs of the
Department of Defense; and
(4) other relevant activities of the Department of Defense.
SEC. 883. MODIFICATIONS TO BUDGET DISPLAY REQUIREMENTS FOR THE
DEPARTMENT OF DEFENSE SMALL BUSINESS INNOVATION RESEARCH PROGRAM
AND SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM.
Section 857 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1891) is
amended--
(1) in subsection (a)--
(A) by inserting ``Under Secretary of Defense (Comptroller)
and the'' before ``Under Secretary of Defense for Research and
Engineering''; and
(B) by striking ``a budget display'' and inserting ``one or
more budget displays'';
(2) in subsection (b), by striking ``The budget display'' and
inserting ``The budget displays''; and
(3) in subsection (d), by striking ``The budget display'' and
inserting ``The budget displays''.
SEC. 884. PILOT PROGRAM FOR DOMESTIC INVESTMENT UNDER THE SBIR
PROGRAM.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act and subject to subsection (b), the Secretary of
Defense shall establish and administer a program to be known as the
``Domestic Investment Pilot Program'' under which the Secretary and the
service acquisition executive for each military department may make a
SBIR award under section 9(dd) of the Small Business Act (15 U.S.C.
638) to a small business concern without providing the written
determination described under paragraph (2) of such section 9(dd) if
such concern is--
(1) exclusively owned by multiple United States-owned venture
capital operating companies, hedge funds, or private equity firms,
or
(2) majority-owned by multiple United States-owned venture
capital operating companies, hedge funds, or private equity firms,
if the minority foreign ownership of such concern is limited to
members of the national technology and industrial base as defined
under section 2500 of title 10, United States Code.
(b) Limitation.--During any fiscal year, the aggregate amount of
awards made under the Domestic Investment Pilot Program shall not
exceed an amount equal to 10 percent of the total amount that the
Secretary of Defense may award under section 9 of the Small Business
Act (15 U.S.C. 638) during such fiscal year.
(c) Evaluation Criteria.--In carrying out the Domestic Investment
Pilot Program, the Secretary of Defense may not use investment of
venture capital or investment from hedge funds or private equity firms
as a criterion for the award of contracts under the SBIR program or
STTR program.
(d) Annual Reporting.--The Secretary of Defense shall include as
part of each annual report required under section 9(b)(7) of the Small
Business Act (15 U.S.C. 638(b)(7)) information on the implementation of
the Domestic Investment Pilot Program with respect to the year covered
by the report, including--
(1) the number of applications for participation received from
small business concerns;
(2) the number of awards made to small business concerns,
including an identification of such concerns;
(3) the extent to which a small business concern participant is
foreign-owned, including an identification of the foreign owners;
and
(4) an assessment of the effect of the Domestic Investment
Pilot Program on--
(A) inducing additional venture capital, hedge fund, or
private equity funding of research as defined in section
9(e)(5) of the Small Business Act (15 U.S.C. 638(e)(5));
(B) substantially contributing to the mission of the
Department of Defense; and
(C) otherwise fulfilling the capital needs of small
business concerns for additional financing for SBIR projects.
(e) Notification.--The Secretary of Defense shall notify the Small
Business Administration of an award made under the Domestic Investment
Pilot Program not later than 30 days after such award is made.
(f) Termination.--The Domestic Investment Pilot Program established
under this section shall terminate on September 30, 2022.
(g) Definitions.--In this section:
(1) Military department; service acquisition executive.--The
terms ``military department'' and ``service acquisition executive''
have the meanings given those terms, respectively, in section 101
of title 10, United States Code.
(2) SBIR; sttr.--The terms ``SBIR'' and ``STTR'' have the
meanings given those terms, respectively, in section 9(e) of the
Small Business Act (15 U.S.C. 638(e)).
(3) Small business act definitions.--The terms ``small business
concern'', ``venture capital operating company'', ``hedge fund'',
and ``private equity firm'' have the meanings given those terms,
respectively, in section 3 of the Small Business Act (15 U.S.C.
632).
Subtitle H--Other Matters
SEC. 885. REVIEW OF GUIDANCE TO CONTRACTORS ON NONDISCRIMINATION ON
THE BASIS OF SEX.
(a) Review.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for Acquisition
and Sustainment, serving as the senior procurement executive for the
Department of Defense pursuant to section 133b(b)(4)(B) of title 10,
United States Code, shall conduct a review of the implementation of the
requirement for Government contracting agencies under Executive Order
11246 (42 U.S.C. 2000e note) relating to expectations of contractors
and subcontractors to ensure nondiscrimination on the basis of sex.
(b) Elements.--The review required under subsection (a) shall, at a
minimum, consider--
(1) existing contracting processes and tools for oversight of
contracts, including contractor responsibility determinations and
documentation of performance; and
(2) the extent to which best practices for contractors and
subcontractors identified in the appendix to part 60-20 of title 41
of the Code of Federal Regulations, such as establishing and
implementing procedures for handling and resolving complaints about
harassment and intimidation based on sex, have been incorporated in
Department policies and procedures.
(c) Updated Training Guidance.--Not later than 180 days after the
date of the completion of the review required under subsection (a), the
Under Secretary of Defense for Acquisition and Sustainment shall update
any relevant training guidance for the acquisition workforce to account
for the conclusions of the review.
(d) Briefing Required.--Not later than December 15, 2020, the
Secretary of Defense shall brief the congressional defense committees
on the review required under subsection (a), which shall include any
updates to training guidance or contracting procedures resulting from
the review.
SEC. 886. COMPTROLLER GENERAL REPORT ON CONTRACTOR VIOLATIONS OF
CERTAIN LABOR LAWS.
Not later than 180 days after the date of the enactment of this
Act, the Comptroller General of the United States shall submit a report
to Congress on the number of contractors--
(1) that performed a contract with the Department of Defense
during the five-year period preceding the date of the enactment of
this Act; and
(2) that have been found by the Department of Labor to have
committed willful or repeat violations of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 651 et seq.) or the Fair Labor
Standards Act of 1938 (29 U.S.C. 201 et seq.), and the nature of
the violations committed.
SEC. 887. COMPTROLLER GENERAL REPORT ON CONTINGENCY CONTRACTING.
Not later than one year after the date of the enactment of this
Act, the Comptroller General of the United States shall submit to the
congressional defense committees a report on the use of contractors to
perform work supporting contingency operations, including the
logistical support for such operations, since January 1, 2009. Such
report shall include--
(1) an evaluation of the nature and extent to which the
Department of Defense has used contractors to perform such work,
including the type of operation or exercise, the functions
performed by a contractor, the place of performance, and contract
obligations;
(2) an evaluation of the processes for tracking and reporting
on the use of such contractors;
(3) an evaluation of the extent to which recommendations made
by the Wartime Contracting Commission established in section 841 of
the National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 122 Stat. 230) have been implemented in policy,
guidance, education and training, as appropriate; and
(4) any other issues the Comptroller General determines to be
appropriate.
SEC. 888. POLICIES AND PROCEDURES FOR CONTRACTORS TO REPORT GROSS
VIOLATIONS OF INTERNATIONALLY RECOGNIZED HUMAN RIGHTS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall update Department
of Defense policy and guidance and the Department of Defense Supplement
to the Federal Acquisition Regulation to provide specific guidance to
Department of Defense employees and contractors performing a Department
of Defense contract that supports United States Armed Forces deployed
outside of the United States on monitoring and reporting allegations of
gross violations of internationally recognized human rights.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, with the concurrence
of the Secretary of State, shall submit to the appropriate
congressional committees a report that describes--
(1) the policies and procedures in place to obtain information
about possible cases of gross violations of internationally
recognized human rights from Department of Defense contractors
described in subsection (a), including the methods for tracking
cases; and
(2) the resources needed to investigate reports made pursuant
to subsection (a).
(c) Form of Report.--The report required by subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--the term
``appropriate congressional committees'' means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
(2) Gross violations of internationally recognized human
rights.--The term ``gross violations of internationally recognized
human rights'' has the meaning given such term in subsection (d)(1)
of section 502B of the Foreign Assistance Act of 1961 (22 U.S.C.
2304).
SEC. 889. COMPTROLLER GENERAL REPORT ON OVERSIGHT OF CONTRACTORS
PROVIDING PRIVATE SECURITY FUNCTIONS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the congressional defense committees a report on
efforts of the Secretary of Defense to improve the oversight of
contractors providing private security functions to fulfill non-combat
requirements for security in contingency operations, humanitarian
operations, peacekeeping operations, or other similar operations or
exercises since January 1, 2009.
(b) Elements.--The report required under subsection (a) shall
evaluate--
(1) the nature and extent to which the Department of Defense
has used contractors to perform private security functions
described under subsection (a), including the type of operation or
exercise, the functions performed by a contractor, the place of
performance, and contract obligations;
(2) the processes for tracking and reporting on the use of such
contractors;
(3) changes to law, regulation, and policy on the use of such
contractors and how the Secretary has implemented such changes,
including--
(A) the Montreux Document on Pertinent International Legal
Obligations and Good Practices for States Related to Operations
of Private Military and Security Companies During Armed
Conflict (published on May 2, 2011);
(B) using standards for such contractors issued by the
American National Standards Institute and the International
Organization for Standardization; and
(C) using other associated accreditation and certification
standards for such contractors; and
(4) the oversight outcomes of the Department due to
implementing the processes described in paragraph (2) and the
changes described in paragraph (3), including--
(A) progress with certification and accreditation of
companies;
(B) the use of the maturity model of the Department to
assess contractors; and
(C) the nature and extent of referrals for suspension and
debarment and the number of suspensions and debarments that
have resulted from such referrals.
(c) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form, to the maximum extent possible, but may
contain a classified annex, if necessary.
SEC. 890. PROHIBITION ON CONTRACTING WITH PERSONS THAT HAVE
BUSINESS OPERATIONS WITH THE MADURO REGIME.
(a) Prohibition.--Except as provided under subsections (c), (d),
and (e), the Department of Defense may not enter into a contract for
the procurement of goods or services with any person that has business
operations with an authority of the Government of Venezuela that is not
recognized as the legitimate Government of Venezuela by the United
States Government.
(b) Exceptions.--
(1) In general.--The prohibition under subsection (a) does not
apply to a contract that the Secretary of Defense and the Secretary
of State jointly determine--
(A) is necessary--
(i) for purposes of providing humanitarian assistance
to the people of Venezuela;
(ii) for purposes of providing disaster relief and
other urgent life-saving measures; or
(iii) to carry out noncombatant evacuations; or
(B) is vital to the national security interests of the
United States.
(2) Notification requirement.--The Secretary of Defense shall
notify the congressional defense committees, the Committee on
Foreign Affairs of the House of Representatives, and the Committee
on Foreign Relations of the Senate of any contract entered into on
the basis of an exception provided for under paragraph (1).
(c) Office of Foreign Assets Control Licenses.--The prohibition in
subsection (a) shall not apply to a person that has a valid license to
operate in Venezuela issued by the Office of Foreign Assets Control of
the Department of the Treasury.
(d) American Diplomatic Mission in Venezuela.--The prohibition in
subsection (a) shall not apply to contracts related to the operation
and maintenance of the United States Government's consular offices and
diplomatic posts in Venezuela.
(e) Definitions.--In this section:
(1) Business operations.--The term ``business operations''
means engaging in commerce in any form, including acquiring,
developing, maintaining, owning, selling, possessing, leasing, or
operating equipment, facilities, personnel, products, services,
personal property, real property, or any other apparatus of
business or commerce.
(2) Government of venezuela.--The term ``Government of
Venezuela'' includes the government of any political subdivision of
Venezuela, and any agency or instrumentality of the Government of
Venezuela. For purposes of this paragraph, the term ``agency or
instrumentality of the Government of Venezuela'' means an agency or
instrumentality of a foreign state as defined in section 1603(b) of
title 28, United States Code, with each reference in such section
to ``a foreign state'' deemed to be a reference to ``Venezuela''.
(3) Person.--The term ``person'' means--
(A) a natural person, corporation, company, business
association, partnership, society, trust, or any other
nongovernmental entity, organization, or group;
(B) any governmental entity or instrumentality of a
government, including a multilateral development institution
(as defined in section 1701(c)(3) of the International
Financial Institutions Act (22 U.S.C. 262r(c)(3))); and
(C) any successor, subunit, parent entity, or subsidiary
of, or any entity under common ownership or control with, any
entity described in subparagraph (A) or (B).
(f) Applicability.--This section shall apply with respect to any
contract entered into on or after the date of the enactment of this
section.
SEC. 891. REPORT ON THE COMBATING TRAFFICKING IN PERSONS
INITIATIVE.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report containing an analysis of the progress of the
Department of Defense in implementing the Combating Trafficking in
Persons initiative described in Department of Defense Instruction
2200.01 (published February 2007; revised on June 21, 2019).
SEC. 892. IMPROVED MANAGEMENT OF INFORMATION TECHNOLOGY AND
CYBERSPACE INVESTMENTS.
(a) Improved Management.--
(1) In general.--The Chief Information Officer of the
Department of Defense shall work with the Chief Data Officer of the
Department of Defense to optimize the Department's process for
accounting for, managing, and reporting its information technology
and cyberspace investments. The optimization should include
alternative methods of presenting budget justification materials to
the public and congressional staff to more accurately communicate
when, how, and with what frequency capability is delivered to end
users, in accordance with best practices for managing and reporting
on information technology investments.
(2) Briefing.--Not later than February 3, 2020, the Chief
Information Officer of the Department of Defense shall brief the
congressional defense committees on the process optimization
undertaken pursuant to paragraph (1), including any recommendations
for legislation.
(b) Delivery of Information Technology Budget.--The Secretary of
Defense shall submit to the congressional defense committees the
Department of Defense budget request for information technology not
later than 15 days after the submittal to Congress of the budget of the
President for a fiscal year pursuant to section 1105 of title 31,
United States Code.
SEC. 893. MODIFICATION TO REQUIREMENTS FOR PURCHASE OF COMMERCIAL
LEASING SERVICES PURSUANT TO MULTIPLE AWARD CONTRACTS.
(a) Repeal.--Section 877 of the John S. McCain National Defense
Authorization Act For Fiscal Year 2019 (Public Law 115-232; 132 Stat.
1907; 41 U.S.C. 3302 note) is repealed.
(b) Exemption for Commercial Leasing Services.--
(1) In general.--Section 3302 of title 41, United States Code,
is amended by adding at the end the following new subsection:
``(f) Commercial Leasing Services.--The regulations required by
subsection (b) shall not apply to individual purchases for commercial
leasing services that are made on a no cost basis and made under a
multiple award contract awarded in accordance with the requirements for
full and open competition.''.
(2) Termination.--Effective December 31, 2025, subsection (f)
of section 3302 of title 41, United States Code, as added by
paragraph (1), is repealed.
(c) Audit.--The Comptroller General of the United States shall--
(1) conduct an audit not later than the last day of fiscal year
2021, 2023, and 2025 analyzing the National Broker Contract program
of the General Services Administration to determine--
(A) whether brokers selected under the program provide
lower lease rental rates than rates negotiated by employees of
the General Services Administration; and
(B) the impact of the program on the length of time of
lease procurements;
(2) conduct a review of whether the application of section 863
of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat.4547) resulted in rental
cost savings for the Government during the years in which such
section was applicable; and
(3) not later than September 30, 2022, and September 30, 2024,
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and
Public Works of the Senate a report that--
(A) summarizes the results of the most recent audit
required under paragraph (1) and the review required by
paragraph (2);
(B) includes an assessment of whether the National Broker
Contract program provides greater efficiencies and savings than
the use of employees of the General Services Administration;
and
(C) includes recommendations for improving General Services
Administration lease procurements.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Headquarters activities of the Department of Defense matters.
Sec. 902. Clarifying the roles and responsibilities of the Under
Secretary of Defense for Acquisition and Sustainment and the
Under Secretary of Defense for Research and Engineering.
Sec. 903. Return to Chief Information Officer of the Department of
Defense of responsibility for business systems and related
matters.
Sec. 904. Assessments of responsibilities and authorities of the Chief
Management Officer of the Department of Defense.
Sec. 905. Senior Military Advisor for Cyber Policy and Deputy Principal
Cyber Advisor.
Sec. 906. Exclusion from limitations on personnel in the Office of the
Secretary of Defense and Department of Defense headquarters of
fellows appointed under the John S. McCain Defense Fellows
Program.
Subtitle B--Organization and Management of Other Department of Defense
Offices and Elements
Sec. 911. Codification of Assistant Secretaries for Energy,
Installations, and Environment of the Army, Navy, and Air
Force.
Subtitle C--Other Department of Defense Organization and Management
Matters
Sec. 921. Prohibition on ownership or trading of stocks in certain
companies by certain officials of the Department of Defense.
Sec. 922. Limitation on consolidation of Defense Media Activity.
Sec. 923. Report on resources to implement the civilian casualty policy
of the Department of Defense.
Subtitle D--United States Space Force
Sec. 951. Short title.
Sec. 952. The Space Force.
Sec. 953. Chief of Space Operations.
Sec. 954. Space Force Acquisition Council.
Sec. 955. Assistant Secretary of Defense for Space Policy.
Sec. 956. Assistant Secretary of the Air Force for Space Acquisition and
Integration.
Sec. 957. Service Acquisition Executive of the Department of the Air
Force for Space Systems and Programs.
Sec. 958. Conforming amendments and clarification of authorities.
Sec. 959. Effects on military installations.
Sec. 960. Availability of funds.
Sec. 961. Implementation.
Subtitle A--Office of the Secretary of Defense and Related Matters
SEC. 901. HEADQUARTERS ACTIVITIES OF THE DEPARTMENT OF DEFENSE
MATTERS.
(a) Modification of Limitations on Number of Personnel in OSD and
Other DoD Headquarters.--
(1) OSD.--Section 143 of title 10, United States Code, is
amended--
(A) in subsection (a), by striking ``3,767'' and inserting
``4,300''; and
(B) in subsection (b), by striking ``, civilian, and
detailed personnel'' and inserting ``and civilian personnel''.
(2) Joint staff.--
(A) In general.--Section 155(h)(1) of such title is amended
by striking ``2,069'' and inserting ``2,250''.
(B) Effective date.--The amendment made by subparagraph (A)
shall take effect on December 31, 2019, immediately after the
coming into effect of the amendment made by section 903(b) of
the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2344), to which such amendments
relate
(3) Office of secretary of the army.--Section 7014(f) of title
10, United States Code, is amended--
(A) in paragraph (1), by striking ``3,105'' and inserting
``3,250''; and
(B) in paragraph (2), by striking ``1,865'' and inserting
``1,900''.
(4) Office of secretary of the navy.--Section 8014(f) of such
title is amended--
(A) in paragraph (1), by striking ``2,866'' and inserting
``3,150''; and
(B) in paragraph (2), by striking ``1,720'' and inserting
``1,800''.
(5) Office of secretary of the air force.--Section 9014(f) of
such title is amended--
(A) in paragraph (1), by striking ``2,639'' and inserting
``2,750''; and
(B) in paragraph (2), by striking ``1,585'' and inserting
``1,650''.
(b) Sunset of Reduction in Funding for DoD Headquarters,
Administrative, and Support Activities.--Section 346 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 111 note) is amended by adding at the end the following new
subsection:
``(d) Sunset.--No action is required under this section with
respect to any fiscal year after fiscal year 2019.''.
SEC. 902. CLARIFYING THE ROLES AND RESPONSIBILITIES OF THE UNDER
SECRETARY OF DEFENSE FOR ACQUISITION AND SUSTAINMENT AND THE
UNDER SECRETARY OF DEFENSE FOR RESEARCH AND ENGINEERING.
The laws of the United States are amended as follows:
(1) Section 129a(c)(3) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``Under Secretary of
Defense for Acquisition and Sustainment''.
(2) Section 133a(b)(2) of title 10, United States Code, is
amended--
(A) by striking ``prototyping,'' and inserting
``appropriate prototyping activities,''; and
(B) by striking ``, including the allocation of resources
for defense research and engineering,''.
(3) Section 134(c) of title 10, United States Code, is amended
by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics,'' and inserting ``Under Secretary of
Defense for Acquisition and Sustainment, the Under Secretary of
Defense for Research and Engineering,''.
(4) Section 139 of title 10, United States Code, is amended--
(A) in subsection (b), by striking ``and the Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' each place it appears and inserting ``, the Under
Secretary of Defense for Acquisition and Sustainment, and the
Under Secretary of Defense for Research and Engineering''; and
(B) in subsections (c) and (h), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment, the Under Secretary of Defense for
Research and Engineering,''.
(5) Section 139a(d)(6) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``Under Secretary of
Defense for Acquisition and Sustainment, the Under Secretary of
Defense for Research and Engineering,''.
(6) Section 171(a) of title 10, United States Code, is
amended--
(A) in paragraph (3), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment'';
(B) by redesignating paragraphs (9) through (13) as
paragraphs (12) through (16);
(C) by redesignating paragraphs (4) through (8) as
paragraphs (5) through (9), respectively;
(D) by inserting after paragraph (3) the following new
paragraph:
``(4) the Under Secretary of Defense for Research and
Engineering;''; and
(E) by inserting after paragraph (9), as redesignated, the
following new paragraphs:
``(10) the Deputy Under Secretary of Defense for Research and
Engineering;
``(11) the Deputy Under Secretary of Defense for Acquisition
and Sustainment;''.
(7) Subsection (d)(1) of section 181 of title 10, United States
Code, is amended--
(A) in subparagraph (C), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment'';
(B) by inserting after subparagraph (C) the following new
subparagraph:
``(D) the Under Secretary of Defense for Research and
Engineering.''; and
(C) by redesignating paragraphs (D) through (G) as
paragraphs (E) through (H), respectively.
(8) Subsection (b)(2) of section 393 of title 10, United States
Code, is amended--
(A) in subparagraph (B), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment'';
(B) by inserting after subparagraph (B) the following new
subparagraph:
``(C) the Under Secretary of Defense for Research and
Engineering.''; and
(C) by redesignating subparagraphs (C) through (E) as
subparagraphs (D) through (F).
(9) Section 1111 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1032; 10 U.S.C. 1701
note) is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' each place such term
appears and inserting ``Under Secretary of Defense for Acquisition
and Sustainment''.
(10) Section 231 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 45; 10 U.S.C. 1701
note) is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(11) Section 1702 of title 10, United States Code, is amended--
(A) in the section heading, by striking ``under secretary
of defense for acquisition, technology, and logistics'' and
inserting ``under secretary of defense for acquisition and
sustainment''; and
(B) by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(12) Section 807(a) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116
Stat. 2608; 10 U.S.C. 1702 note) is amended by striking ``Under
Secretary of Defense for Acquisition, Technology, and Logistics''
and inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(13) Section 1705 of title 10, United States Code, is amended--
(A) in subsection (c), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment'';
(B) in subsection (e)(3), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''; and
(C) in subsection (g)(2)(B), by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(14) Section 803(c) of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1825; 10 U.S.C.
1705 note) is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(15) Section 1722 of title 10, United States Code, is amended--
(A) in subsection (a), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''; and
(B) in subsection (b)(2)(B), by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(16) Section 1722a of title 10, United States Code, is
amended--
(A) in subsection (a), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''; and
(B) in subsection (e), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(17) Section 1722b(a) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``Under Secretary of
Defense for Acquisition and Sustainment''.
(18) Section 1723 of title 10, United States Code, is amended--
(A) in subsection (a)(3), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''; and
(B) in subsection (b), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(19) Section 1725(e)(2) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``Under Secretary of
Defense for Acquisition and Sustainment''.
(20) Section 1735(c)(1) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``Under Secretary of
Defense for Acquisition and Sustainment''.
(21) Section 1737(c) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``Under Secretary of
Defense for Acquisition and Sustainment''.
(22) Section 1741(b) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``Under Secretary of
Defense for Acquisition and Sustainment''.
(23) Section 1746(a) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``Under Secretary of
Defense for Acquisition and Sustainment''.
(24) Section 1748 of title 10, United States Code, is amended
by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``Under Secretary of
Defense for Acquisition and Sustainment''.
(25) Section 2222 of title 10, United States Code, is amended--
(A) in subsection (c)(2), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''; and
(B) in subsection (f)(2)(B)(i), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(26) Section 217(a) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 770; 10 U.S.C.
2222 note) is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment and Under
Secretary of Defense for Research and Engineering''.
(27) Section 882(b) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 128
Stat. 4308; 10 U.S.C. 2222 note) is amended by striking ``Under
Secretary of Defense for Acquisition, Technology, and Logistics''
and inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(28) Section 2272 of title 10, United States Code, is amended
by striking ``Assistant Secretary of Defense for Research and
Engineering'' and inserting ``Under Secretary of Defense for
Research and Engineering''.
(29) Section 2275(a) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``Under Secretary of
Defense for Acquisition and Sustainment''.
(30) Section 2279(d) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``Under Secretary of
Defense for Acquisition and Sustainment''.
(31) Section 2279b of title 10, United States Code, is
amended--
(A) in subsection (b)--
(i) by redesignating paragraphs (3) through (10) as
paragraphs (4) through (11), respectively;
(ii) by striking paragraph (2); and
(iii) by inserting after paragraph (1) the following
new paragraphs:
``(2) The Under Secretary of Defense for Research and
Engineering.
``(3) The Under Secretary of Defense for Acquisition and
Sustainment.''; and
(B) in subsection (c) by striking ``the Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``the Under Secretary of Defense for Research and
Engineering, the Under Secretary of Defense for Acquisition and
Sustainment,''.
(32) Section 898(a)(2) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2000; 10
U.S.C. 2302 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' each place
such term appears and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(33) Section 804 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 726; 10 U.S.C. 2302
note) is amended--
(A) in subsection (a), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''; and
(B) in subsection (d)(1)(A), by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``Deputy Secretary of Defense''.
(34) Section 852 of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291; 130 Stat. 3458; 10 U.S.C. 2302 note) is
amended by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``Under Secretary of
Defense for Acquisition and Sustainment''.
(35) Section 806 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1487; 10 U.S.C. 2302
note) is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' each place such term
appears and inserting ``Under Secretary of Defense for Acquisition
and Sustainment''.
(36) Section 843 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1487; 10 U.S.C. 2302
note) is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(37) Section 254(b) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4402; 10 U.S.C. 2302 note) is amended by striking ``Under
Secretary of Defense for Acquisition, Technology, and Logistics''
and inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(38) Section 802(d) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
Stat. 2004; 10 U.S.C. 2302 note) is amended by striking ``Under
Secretary of Defense for Acquisition, Technology, and Logistics''
each place such term appears and inserting ``Under Secretary of
Defense for Acquisition and Sustainment''.
(39) Section 2304 of title 10, United States Code, is amended
by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' each place such term appears and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(40) Section 806(b) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124
Stat. 4260; 10 U.S.C. 2304 note) is amended by striking ``Under
Secretary of Defense for Acquisition, Technology, and Logistics''
each place such term appears and inserting ``Under Secretary of
Defense for Acquisition and Sustainment''.
(41) Section 821(a) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 226; 10 U.S.C.
2304 note) is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(42) Section 801(b)(2)(A) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 204; 10
U.S.C. 2304 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and Sustainment''.
(43) Section 817(e) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2326; 10 U.S.C. 2304 note) is amended by striking ``Under
Secretary of Defense for Acquisition, Technology, and Logistics''
and inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(44) Section 811(e)(1) of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163; 120 Stat. 2326; 10
U.S.C. 2304 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and Sustainment''.
(45) Section 875 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2310; 10 U.S.C.
2305 note) is amended--
(A) in subsection (b)(2), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment'';
(B) in subsection (c), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment'';
(C) in subsection (d), by striking ``The Under Secretary
for Acquisition, Technology, and Logistics'' and inserting
``The Under Secretary of Defense for Research and
Engineering''; and
(D) in subsection (e) through (f), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(46) Section 888(b)(1) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2322; 10
U.S.C. 2305 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and Sustainment''.
(47) Section 829(b)(1) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2281; 10
U.S.C. 2306 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and Sustainment''.
(48) Section 2306b(i)(7) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``Under Secretary of
Defense for Acquisition and Sustainment''.
(49) Section 2311(c) of title 10, United States Code, is
amended--
(A) in paragraph (1), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''; and
(B) in paragraph (2)(B), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(50) Section 2326(g) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``Under Secretary of
Defense for Acquisition and Sustainment''.
(51) Section 2330 of title 10, United States Code, is amended--
(A) in subsection (a)(1), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment'';
(B) in subsection (a)(3), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment'';
(C) in subsection (b)(2), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''; and
(D) in subsection (b)(3)(A), by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(52) Section 882 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 942; 10 U.S.C. 2330
note) is amended in the matter preceding paragraph (1) by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(53) Section 2334 of title 10, United States Code, is amended
by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' each place such term appears and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(54) Section 2350a(b)(2) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics, and the Assistant Secretary of Defense
for Research and Engineering'' and inserting ``Under Secretary of
Defense for Acquisition and Sustainment, and the Under Secretary of
Defense for Research and Engineering''.
(55) Section 2359(b)(1) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``Under Secretary of
Defense for Research and Engineering''.
(56) Section 2359b of title 10, United States Code, is
amended--
(A) in subsection (a)(1), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Research and
Engineering''; and
(B) in subsection (l)(1), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Research and
Engineering''.
(57) Section 2375 of title 10, United States Code, is amended
by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' each place such term appears and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(58) Section 874(b)(1) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2310; 10
U.S.C. 2375 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and Sustainment''.
(59) Section 876 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2311; 10 U.S.C.
2377 note) is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(60) Section 855 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 919; 10 U.S.C. 2377
note) is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' each place such term
appears and inserting ``Under Secretary of Defense for Acquisition
and Sustainment''.
(61) Section 856(a)(2)(B) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 920; 10
U.S.C. 2377 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and Sustainment''.
(62) Section 2399(b)(3) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics,'' and inserting ``Under Secretary of
Defense for Acquisition and Sustainment, the Under Secretary of
Defense for Research and Engineering,''.
(63) Section 2419(a)(1) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``Under Secretary of
Defense for Acquisition and Sustainment''.
(64) Section 826(e) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 908; 10 U.S.C.
2430 note) is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(65) Section 827(e) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 909; 10 U.S.C.
2430 note) is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(66) Section 811(b)(1) of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1828; 10
U.S.C. 2430 note) is amended by striking ``if the Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``if the service acquisition executive, in the case of a
major defense acquisition program of the military department, or
the Under Secretary of Defense for Acquisition and Sustainment, in
the case of a Defense-wide or Defense Agency major defense
acquisition program,''.
(67) Section 814 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4528) is amended--
(A) in subsection (b)(2)--
(i) by redesignating subparagraphs (B) through (H) as
subparagraphs (C) through (I), respectively;
(ii) by striking subparagraph (A); and
(iii) by inserting before subparagraph (C), as
redesignated by clause (i), the following new
subparagraphs:
``(A) The Office of the Under Secretary of Defense for
Research and Engineering.
``(B) The Office of the Under Secretary of Defense for
Acquisition and Sustainment.''; and
(B) in subsection (c)(5), in the flush matter following
subparagraph (B), by striking ``the Under Secretary of Defense
for Acquisition, Technology, and Logistics certifies to the
congressional defense committees, and includes'' and inserting
``the Under Secretary of Defense for Research and Engineering
and the Under Secretary of Defense for Acquisition and
Sustainment jointly certify to the congressional defense
committees, and include''.
(68) Section 801(a)(1) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
Stat. 2312; 10 U.S.C. 2430 note) is amended by striking ``Under
Secretary of Defense for Acquisition, Technology, and Logistics''
and inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(69) Section 1675 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 192 Stat. 1131; 10 U.S.C. 2431
note) is amended--
(A) in subsection (a), by striking ``The Under Secretary of
Defense for Acquisition, Technology, and Logistics and the Vice
Chairman of the Joint Chiefs of Staff, acting through the
Missile Defense Executive Board'' and inserting ``The Vice
Chairman of the Joint Chiefs of Staff and the chairman of the
Missile Defense Executive Board (pursuant to section 1681(c) of
the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2162)), acting
through the Missile Defense Executive Board,''; and
(B) in subsection (b)(2), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``chairman of the Missile Defense Executive Board''.
(70) Section 2431a(b) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``Under Secretary of
Defense for Acquisition and Sustainment''.
(71) Section 2435 of title 10, United States Code, is amended
by striking ``the Under Secretary of Defense for Acquisition,
Technology, and Logistics'' each place it appears and inserting
``the Under Secretary of Defense for Acquisition and Sustainment''.
(72) Section 2438(b) of title 10, United States Code, is
amended--
(A) in paragraph (1), by striking ``Under Secretary of
Defense for Acquisition, Technology and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''; and
(B) in paragraph (2), by striking ``Under Secretary of
Defense for Acquisition, Technology and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(73) Section 2448b of title 10, United States Code, is amended
by striking subsections (a) and (b) and inserting the following new
subsections:
``(a) In General.--With respect to a major defense acquisition
program, the Secretary of Defense shall conduct or approve independent
technical risk assessments--
``(1) before any decision to grant Milestone A approval for the
program pursuant to section 2366a of this title, that identifies
critical technologies and manufacturing processes that need to be
matured; and
``(2) before any decision to grant Milestone B approval for the
program pursuant to section 2366b of this title, any decision to
enter into low-rate initial production or full-rate production, or
at any other time considered appropriate by the Secretary, that
includes the identification of any critical technologies or
manufacturing processes that have not been successfully
demonstrated in a relevant environment.
``(b) Guidance.--The Secretary shall issue guidance and a framework
for the conduct, execution, and approval of independent technical risk
assessments.''.
(74) Section 2503(b) of title 10, United States Code, is
amended--
(A) by striking ``the Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``the
Under Secretary of Defense for Research and Engineering and the
Under Secretary of Defense for Acquisition and Sustainment'';
and
(B) by striking ``the Under Secretary shall'' and inserting
``the Under Secretaries shall''.
(75) Section 2508(b) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``Under Secretary of
Defense for Acquisition and Sustainment''.
(76) Section 2521 of title 10, United States Code, is amended--
(A) in subsection (a), by striking ``The Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``The Under Secretary of Defense for Research and
Engineering'';
(B) in subsection (e)(4)(D), by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Research and
Engineering''; and
(C) in subsection (e)(5), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Research and
Engineering''.
(77) Section 2533b(k)(2)(A) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``Under Secretary of
Defense for Acquisition and Sustainment''.
(78) Section 2546 of title 10, United States Code, is amended--
(A) in the heading of subsection (a), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment'';
(B) in subsection (a), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''; and
(C) in subsection (b), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(79) Section 2548 of title 10, United States Code, is amended--
(A) in subsection (a), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''; and
(B) in subsection (c)(8), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(80) Section 2902(b) of title 10, United States Code, is
amended--
(A) in paragraph (1), by striking ``Office of the Assistant
Secretary of Defense for Research and Engineering'' and
inserting ``Office of the Under Secretary of Defense for
Research and Engineering''; and
(B) in paragraph (3), by striking ``Office of the Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Office of the Under Secretary of
Defense for Acquisition and Sustainment''.
(81) Section 2824(d) of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 2154; 10 U.S.C.
2911 note) is amended by striking ``Under Secretary of Defense''
and all that follows through ``Environment'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(82) Section 315(d) of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1357; 10 U.S.C.
2911 note) is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(83) Section 2926(e)(5)(D) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``Under Secretary for
Defense for Acquisition and Sustainment''.
(84) Section 836(a)(2) of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1508; 22
U.S.C. 2767 note) is amended by striking ``the Under Secretary of
Defense for Acquisition, Technology, and Logistics, the Assistant
Secretary of Defense for Research,'' and inserting ``the Under
Secretary of Defense for Acquisition and Sustainment, the Under
Secretary of Defense for Research and Engineering,''.
(85) Section 105(d)(7)(M)(v) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7103(d)(7)(M)(v)) is amended by
striking ``Under Secretary of Defense for Acquisition, Technology,
and Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(86) Section 1126(a)(3) of title 31, United States Code, is
amended by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``Under Secretary of
Defense for Acquisition and Sustainment''.
(87) Section 11319(d)(4) of title 40, United States Code, is
amended by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``Under Secretary of
Defense for Acquisition and Sustainment''.
(88) Section 1302(b)(2)(A)(i) of title 41, United States Code,
is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``Under
Secretary of Defense for Acquisition and Sustainment''.
(89) Section 1311(b)(3) of title 41, United States Code, is
amended by striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``Under Secretary of
Defense for Acquisition and Sustainment''.
(90) Section 7(a)(3) of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98f(a)(3)) is amended by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(91) Section 1412 of the National Defense Authorization Act,
1986 (50 U.S.C. 1521) is amended--
(A) in subsection (f)(1), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''; and
(B) in subsection (g)(2), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment.''.
(92) Section 133b(b)(2) of title 10, United States Code, is
amended by inserting ``appropriate prototyping activities,'' after
``development,''.
(93)(A) Section 5314 of title 5, United States Code, is amended
by inserting before the item relating to the Under Secretary of
Defense for Acquisition and Sustainment the following new item:
``Under Secretary of Defense for Research and Engineering.''.
(B) Section 5313 of title 5, United States Code, is amended
by striking the item relating to the Under Secretary of Defense
for Research and Engineering.
(C) This paragraph shall have no force or effect until the
next date on which the Congress confirms an individual to serve
as the Under Secretary of Defense for Research and Engineering
after the date of enactment of this Act.
(94) Section 338 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 1728) is amended by striking ``the Under Secretary of Defense
for Acquisition, Technology, and Logistics'' and inserting ``the
Under Secretary of Defense for Acquisition and Sustainment''.
(95) Section 136(a)(1) of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1317) is
amended by striking ``the Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``the Under
Secretary of Defense for Acquisition and Sustainment''.
(96) Section 1652(a) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2609) is
amended by striking ``the Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``the Under
Secretary of Defense for Research and Engineering''.
(97) Section 1689(d) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2631) is
amended by striking ``the Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``the Under
Secretary of Defense for Research and Engineering''.
(98) Section 144 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1325) is amended--
(A) in subsection (a), by striking ``the Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``the Under Secretary of Defense for Acquisition and
Sustainment''; and
(B) in subsection (b)(4), by striking ``the Assistant
Secretary of Defense for Research and Engineering'' and
inserting ``the Under Secretary of Defense for Research and
Engineering''.
(99) Section 838(2)(B) of the National Defense Authorization
Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1509) is
amended by striking ``the Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``the Under
Secretary of Defense for Acquisition and Sustainment''.
(100) Section 802(a)(3)(C) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 10
U.S.C. 2410p note) is amended by striking ``the Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and inserting
``the Under Secretary of Defense for Acquisition and Sustainment''.
SEC. 903. RETURN TO CHIEF INFORMATION OFFICER OF THE DEPARTMENT OF
DEFENSE OF RESPONSIBILITY FOR BUSINESS SYSTEMS AND RELATED
MATTERS.
(a) Return of Responsibility.--
(1) In general.--Section 142(b)(1) of title 10, United States
Code, is amended by striking ``systems and'' each place it appears
in subparagraphs (A), (B), and (C).
(2) Conforming amendments to cmo authorities.--Section 132a(b)
of such title is amended--
(A) in paragraph (2), by striking ``performance measurement
and management, and business information technology management
and improvement activities and programs'' and inserting ``and
performance measurement and management activities and
programs'';
(B) by striking paragraphs (4) and (5); and
(C) by redesignating paragraphs (6) and (7) as paragraphs
(4) and (5), respectively.
(b) Chief Data Officer Responsibility for DoD Data Sets.--
(1) In general.--In addition to any other functions and
responsibilities specified in section 3520(c) of title 44, United
States, Code, the Chief Data Officer of the Department of Defense
shall also be the official in the Department of Defense with
principal responsibility for providing for the availability of
common, usable, Defense-wide data sets.
(2) Access to all dod data.--In order to carry out the
responsibility specified in paragraph (1), the Chief Data Officer
shall have access to all Department of Defense data, including data
in connection with warfighting missions and back-office data.
(3) Responsible to cio.--The Chief Data Officer shall report
directly to the Chief Information Officer of the Department of
Defense in the performance of the responsibility specified in
paragraph (1).
(4) Report.--Not later than December 1, 2019, the Secretary of
Defense shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report setting forth such
recommendations for legislative or administrative action as the
Secretary considers appropriate to carry out this subsection.
SEC. 904. ASSESSMENTS OF RESPONSIBILITIES AND AUTHORITIES OF THE
CHIEF MANAGEMENT OFFICER OF THE DEPARTMENT OF DEFENSE.
(a) In General.--The Secretary of Defense shall provide for the
conduct of two assessments of the implementation of the position of
Chief Management Officer of the Department of Defense pursuant to
section 132a of title 10, United States Code, as follows:
(1) Department of defense assessment.--An assessment conducted
by the Secretary or a designee of the Secretary.
(2) Independent assessment.--An assessment conducted by the
Defense Business Board or an appropriate number of individuals
selected by the Secretary from among individuals in academia or
academic institutions with expertise in public administration and
management.
(b) Assessment Elements.--Each assessment conducted pursuant to
subsection (a) shall include an assessment of the implementation of the
position of Chief Management Officer of the Department of Defense,
including and taking into account the following:
(1) The extent to which the position has been effective in
achieving the service, and exercising the powers and authorities,
specified in section 132a of title 10, United States Code
(2) The perspectives of the Under Secretaries of the military
departments on the matters described in paragraph (1) based on the
experiences of such Under Secretaries as the Chief Management
Officer of a military department
(3) The extent to which the ingrained organizational culture of
the Department of Defense poses fundamental structural challenges
for the position of Chief Management Officer of the Department,
irrespective of the individual appointed to the position.
(4) The observations of the Comptroller General of the United
States on progress and challenges during the prior 10 years in the
establishment of positions of Chief Management Officer in agencies
throughout the Executive Branch, including in the Department of
Defense and in other Federal agencies.
(5) An identification and comparison of best practices in the
private sector and the public sector for the responsibilities and
authorities of Chief Management Officers.
(6) An identification and assessment of differences in
responsibilities and authorities of the Chief Management Office of
the Department, the Chief Operating Officer of the Department of
Defense, and the Deputy Secretary of Defense.
(c) Modification of Responsibilities and Authorities.--The
Secretary shall identify such modifications, if any, to the
responsibilities and authorities of the Chief Management Officer of the
Department (whether specified in statute or otherwise) as the Secretary
considers appropriate in light of the assessments conducted pursuant to
subsection (a). In identifying any such modification, the Secretary
shall develop recommendations for such legislative action as the
Secretary considers appropriate to implement such modification.
(d) Report.--Not later than March 15, 2020, the Secretary shall
submit to the congressional defense committees a report on the
assessments conducted pursuant to subsection (a) and on any
modifications to the responsibilities and authorities of the Chief
Management Officer of the Department identified pursuant to subsection
(c). The report shall include the following:
(1) A description and the results of the assessment conducted
pursuant to subsection (a).
(2) Any modifications of the responsibilities and authorities
of the Chief Management Officer identified pursuant to subsection
(c), including recommendations developed for legislative action to
implement such recommendations and a proposed timeline for the
implementation of such recommendations.
SEC. 905. SENIOR MILITARY ADVISOR FOR CYBER POLICY AND DEPUTY
PRINCIPAL CYBER ADVISOR.
(a) Advisor.--
(1) In general.--The Under Secretary of Defense for Policy
shall, acting through the Joint Staff, designate an officer within
the Office of the Under Secretary of Defense for Policy to serve
within that Office as the Senior Military Advisor for Cyber Policy,
and concurrently, as the Deputy Principal Cyber Advisor.
(2) Officers eligible for designation.--The officer designated
pursuant to this subsection shall be designated from among
commissioned regular officers of the Armed Forces in a general or
flag officer grade who are qualified for designation
(3) Grade.--The officer designated pursuant to this subsection
shall have the grade of major general or rear admiral (upper half)
while serving in that position, without vacating the officer's
permanent grade.
(b) Scope of Positions.--
(1) In general.--The officer designated pursuant to subsection
(a) is each of the following:
(A) The Senior Military Advisor for Cyber Policy to the
Under Secretary of Defense for Policy.
(B) The Deputy Principal Cyber Advisor to the Secretary of
Defense.
(2) Direction and control and reporting.--In carrying out
duties under this section, the officer designed pursuant to
subsection (a) shall be subject to the authority, direction, and
control of, and shall report directly to, the following:
(A) The Under Secretary with respect to Senior Military
Advisor for Cyber Policy duties.
(B) The Principal Cyber Advisor with respect to Deputy
Principal Cyber Advisor duties.
(c) Duties.--
(1) Duties as senior military advisor for cyber policy.--The
duties of the officer designated pursuant to subsection (a) as
Senior Military Advisor for Cyber Policy are as follows:
(A) To serve as the principal uniformed military advisor on
military cyber forces and activities to the Under Secretary of
Defense for Policy.
(B) To assess and advise the Under Secretary on aspects of
policy relating to military cyberspace operations, resources,
personnel, cyber force readiness, cyber workforce development,
and defense of Department of Defense networks.
(C) To advocate, in consultation with the Joint Staff, and
senior officers of the Armed Forces and the combatant commands,
for consideration of military issues within the Office of the
Under Secretary of Defense for Policy, including coordination
and synchronization of Department cyber forces and activities.
(D) To maintain open lines of communication between the
Chief Information Officer of the Department of Defense, senior
civilian leaders within the Office of the Under Secretary, and
senior officers on the Joint Staff, the Armed Forces, and the
combatant commands on cyber matters, and to ensure that
military leaders are informed on cyber policy decisions.
(2) Duties as deputy principal cyber advisor.--The duties of
the officer designated pursuant to subsection (a) as Deputy
Principal Cyber Advisor are as follows:
(A) To synchronize, coordinate, and oversee implementation
of the Cyber Strategy of the Department of Defense and other
relevant policy and planning.
(B) To advise the Secretary of Defense on cyber programs,
projects, and activities of the Department, including with
respect to policy, training, resources, personnel, manpower,
and acquisitions and technology.
(C) To oversee implementation of Department policy and
operational directives on cyber programs, projects, and
activities, including with respect to resources, personnel,
manpower, and acquisitions and technology.
(D) To assist in the overall supervision of Department
cyber activities relating to offensive missions.
(E) To assist in the overall supervision of Department
defensive cyber operations, including activities of component-
level cybersecurity service providers and the integration of
such activities with activities of the Cyber Mission Force.
(F) To advise senior leadership of the Department on, and
advocate for, investment in capabilities to execute Department
missions in and through cyberspace.
(G) To identify shortfalls in capabilities to conduct
Department missions in and through cyberspace, and make
recommendations on addressing such shortfalls in the Program
Budget Review process.
(H) To coordinate and consult with stakeholders in the
cyberspace domain across the Department in order to identify
other issues on cyberspace for the attention of senior
leadership of the Department.
(I) On behalf of the Principal Cyber Advisor, to lead the
cross-functional team established pursuant to 932(c)(3) of the
National Defense Authorization Act for Fiscal Year 2014 (10
U.S.C. 2224 note) in order to synchronize and coordinate
military and civilian cyber forces and activities of the
Department.
SEC. 906. EXCLUSION FROM LIMITATIONS ON PERSONNEL IN THE OFFICE OF
THE SECRETARY OF DEFENSE AND DEPARTMENT OF DEFENSE HEADQUARTERS
OF FELLOWS APPOINTED UNDER THE JOHN S. MCCAIN DEFENSE FELLOWS
PROGRAM.
Section 932(f)(3) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
1938; 10 U.S.C. 1580 note prec.) is amended by adding at the end the
following new sentence: ``An individual appointed pursuant to this
paragraph shall not count against the limitation on the number of
Office of the Secretary of Defense personnel in section 143 of title
10, United States Code, or any similar limitation in law on the number
of personnel in headquarters of the Department that would otherwise
apply to the office or headquarters to which appointed.''.
Subtitle B--Organization and Management of Other Department of Defense
Offices and Elements
SEC. 911. CODIFICATION OF ASSISTANT SECRETARIES FOR ENERGY,
INSTALLATIONS, AND ENVIRONMENT OF THE ARMY, NAVY, AND AIR FORCE.
(a) Assistant Secretary of the Army.--Section 7016(b) of title 10,
United States Code, is amended by adding at the end the following new
paragraph:
``(6)(A) One of the Assistant Secretaries shall be the Assistant
Secretary for Energy, Installations, and Environment.
``(B) The principal duty of the Assistant Secretary for Energy,
Installations, and Environment shall be the overall supervision of
energy, installation, and environment matters for the Department of the
Army.''.
(b) Assistant Secretary of the Navy.--Section 8016(b) of title 10,
United States Code, is amended by adding at the end the following new
paragraph:
``(5)(A) One of the Assistant Secretaries shall be the Assistant
Secretary for Energy, Installations, and Environment.
``(B) The principal duty of the Assistant Secretary for Energy,
Installations, and Environment shall be the overall supervision of
energy, installation, and environment matters for the Department of the
Navy.''.
(c) Assistant Secretary of the Air Force.--Section 9016(b) of title
10, United States Code, is amended by adding at the end the following
new paragraph:
``(5)(A) One of the Assistant Secretaries shall be the Assistant
Secretary for Energy, Installations, and Environment.
``(B) The principal duty of the Assistant Secretary for Energy,
Installations, and Environment shall be the overall supervision of
energy, installation, and environment matters for the Department of the
Air Force.''.
Subtitle C--Other Department of Defense Organization and Management
Matters
SEC. 921. PROHIBITION ON OWNERSHIP OR TRADING OF STOCKS IN CERTAIN
COMPANIES BY CERTAIN OFFICIALS OF THE DEPARTMENT OF DEFENSE.
(a) In General.--Chapter 49 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 988. Prohibition on ownership or trading of stocks in certain
companies by certain officials of the Department of Defense
``(a) Prohibition.--Except as provided in subsection (b), a covered
official of the Department of Defense may not own or purchase publicly
traded stock of a company if that company is one of the 10 entities
awarded the most amount of contract funds by the Department of Defense
in a fiscal year during the five preceding fiscal years.
``(b) Exceptions.--This section shall not apply to the purchase or
ownership of a publicly traded stock of a company otherwise described
in subsection (a) as follows:
``(1) If the aggregate market value of the holdings of the
covered official, and the spouse and minor children of the covered
official, in the stock of that company, both before and after
purchase (in the case of a purchase), does not exceed the de
minimis threshold established in section 2640.202(a)(2) of title 5,
Code of Federal Regulations.
``(2) If the stock is purchased and owned as part of an
Excepted Investment Fund or mutual fund.
``(c) Definitions.--In this section:
``(1) The term `covered official of the Department of Defense'
means any of the following:
``(A) A civilian appointed to a position in the Department
of Defense by the President, by and with the advice and consent
of the Senate.
``(B) If serving in a key acquisition position (as
designated by the Secretary of Defense or the Secretary
concerned for purposes of this section), the following:
``(i) A member of the armed forces in a grade above O-
6.
``(ii) A civilian officer or employee in a Senior
Executive Service, Senior-Level, or Scientific or
Professional position.
``(2) The term `Excepted Investment Fund' means a widely-held
investment fund described in section 102(f)(8) of the Ethics in
Government Act of 1978 (5 U.S.C. App.).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 49 of such title is amended by adding at the end the following
new item:
``988. Prohibition on ownership or trading of stocks in certain
companies by certain officials of the Department of
Defense.''.
SEC. 922. LIMITATION ON CONSOLIDATION OF DEFENSE MEDIA ACTIVITY.
(a) Limitation.--The Secretary of Defense may not take any action
to consolidate the Defense Media Activity until a period of 60 days has
elapsed following the date on which the Secretary of Defense submits
the report required under subsection (b).
(b) Report Required.--The Secretary of Defense shall submit to the
congressional defense committees a report that includes the following:
(1) Any current or future plans to restructure, reduce, or
eliminate the functions, personnel, facilities, or capabilities of
the Defense Media Activity, including the timelines associated with
such plans.
(2) Any modifications that have been made, or that may be made,
to personnel compensation or funding accounts in preparation for,
or in response to, efforts to consolidate the Defense Media
Activity.
(3) Any contractual agreements that have been entered into to
consolidate or explore the consolidation of the Defense Media
Activity.
(4) Any Department of Defense directives or Administration
guidance relating to efforts to consolidate the Defense Media
Activity, including any directives or guidance intended to inform
or instruct such efforts.
(c) Consolidate Defined.--In this section, the term
``consolidate'', means any action to reduce the functions, personnel,
facilities, or capabilities of the Defense Media Activity.
SEC. 923. REPORT ON RESOURCES TO IMPLEMENT THE CIVILIAN CASUALTY
POLICY OF THE DEPARTMENT OF DEFENSE.
Not later than 30 days after the date of the enactment of this Act,
the Secretary of Defense shall submit to the congressional defense
committees a report, in unclassified form, on the resources necessary
over the period of the future-years defense plan for fiscal year 2020
under section 221 of title 10, United States Code, to fulfill the
requirements of section 936 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
1939; 10 U.S.C. 134 note) and fully implement policies developed as a
result of such section.
Subtitle D--United States Space Force
SEC. 951. SHORT TITLE.
This subtitle may be cited as the ``United States Space Force
Act''.
SEC. 952. THE SPACE FORCE.
(a) Redesignation.--The Air Force Space Command is hereby
redesignated as the United States Space Force (USSF).
(b) Authority.--Title 10, United States Code, is amended--
(1) in chapter 907 of part I of subtitle D, by redesignating
sections 9067, 9069, 9074, 9075, 9081, and 9084 as sections 9063,
9064, 9065, 9066, 9067, and 9068, respectively;
(2) by adding at the end of such part the following new
chapter:
``CHAPTER 908--THE SPACE FORCE
``Sec.
``9081. The United States Space Force.
``9082. Chief of Space Operations.
``9083. Officer career field for space.'';
(3) by transferring section 2279c to chapter 908, as so added,
and redesignating such section as section 9081; and
(4) by amending such section 9081 to read as follows:
``Sec. 9081. The United States Space Force
``(a) Establishment.--There is established a United States Space
Force as an armed force within the Department of the Air Force.
``(b) Composition.--The Space Force shall be composed of the
following:
``(1) The Chief of Space Operations.
``(2) The space forces and such assets as may be organic
therein.
``(c) Functions.--The Space Force shall be organized, trained, and
equipped to provide--
``(1) freedom of operation for the United States in, from, and
to space; and
``(2) prompt and sustained space operations.
``(d) Duties.--It shall be the duty of the Space Force to--
``(1) protect the interests of the United States in space;
``(2) deter aggression in, from, and to space; and
``(3) conduct space operations.''.
(c) Space Force as an Armed Force.--Section 101(a)(4) of title 10,
United States Code, is amended by inserting ``Space Force,'' after
``Marine Corps,''.
(d) Members.--
(1) In general.--Effective as of the date of the enactment of
this Act, there shall be assigned to the Space Force such members
of the Air Force as the Secretary of the Air Force shall specify.
(2) No authorization of additional military billets.--The
Secretary shall carry out this subsection within military personnel
of the Air Force otherwise authorized by this Act. Nothing in this
subsection shall be construed to authorize additional military
billets for the purposes of, or in connection with, the
establishment of the Space Force.
(e) Officer Career Field for Space.--Section 9068 of title 10,
United States Code (as redesignated by subsection (b)(1)), is hereby
transferred to the end of chapter 908 of such title (as added by
subsection (b)(2)) and redesignated as section 9083.
(f) Tables of Chapters.--The tables of chapters at the beginning of
subtitle D of title 10, United States Code, and part I of such subtitle
are each amended by inserting after the item relating to chapter 907
the following new item:
``908. The Space Force..........................................9081.''.
(g) Conforming Clerical Amendment to Chapter 907.--The table of
sections at the beginning of chapter 907 of title 10, United States
Code, is amended by striking the items relating to sections 9067, 9069,
9074, 9075, 9081, and 9084 and inserting the following new items:
``9063. Designation: officers to perform certain professional functions.
``9064. Air Force nurses: Chief; appointment.
``9065. Commands: territorial organization.
``9066. Regular Air Force: composition.
``9067. Assistant Surgeon General for Dental Services.''.
SEC. 953. CHIEF OF SPACE OPERATIONS.
(a) Chief.--Chapter 908 of title 10, United States Code (as added
by section 952 of this Act), is amended by inserting after section 9081
the following new section:
``Sec. 9082. Chief of Space Operations
``(a) Appointment.--(1) There is a Chief of Space Operations,
appointed by the President, by and with the advice and consent of the
Senate, from the general officers of the Air Force. The Chief serves at
the pleasure of the President.
``(2) The Chief shall be appointed for a term of four years. In
time of war or during a national emergency declared by Congress, the
Chief may be reappointed for a term of not more than four years.
``(b) Grade.--The Chief, while so serving, has the grade of general
without vacating the permanent grade of the officer.
``(c) Relationship to the Secretary of the Air Force.--Except as
otherwise prescribed by law and subject to section 9013(f) of this
title, the Chief performs the duties of such position under the
authority, direction, and control of the Secretary of the Air Force and
is directly responsible to the Secretary.
``(d) Duties.--Subject to the authority, direction, and control of
the Secretary of the Air Force, the Chief shall--
``(1) preside over the Office of the Chief of Space Operations;
``(2) transmit the plans and recommendations of the Office of
the Chief of Space Operations to the Secretary and advise the
Secretary with regard to such plans and recommendations;
``(3) after approval of the plans or recommendations of the
Office of the Chief of Space Operations by the Secretary, act as
the agent of the Secretary in carrying them into effect;
``(4) exercise supervision, consistent with the authority
assigned to commanders of unified or specified combatant commands
under chapter 6 of this title, over such of the members and
organizations of the Space Force as the Secretary determines; and
``(5) perform such other military duties, not otherwise
assigned by law, as are assigned to the Chief by the President, the
Secretary of Defense, or the Secretary of the Air Force.
``(e) Joint Chiefs of Staff.--(1) Commencing one year after the
date of the enactment of the United States Space Force Act, the Chief
of Space Operations shall be a member of the Joint Chiefs of Staff.
``(2) To the extent that such action does not impair the
independence of the Chief in the performance of the duties of the Chief
as a member of the Joint Chiefs of Staff pursuant to paragraph (1), the
Chief shall inform the Secretary of the Air Force regarding military
advice rendered by members of the Joint Chiefs of Staff on matters
affecting the Department of the Air Force.
``(3) Subject to the authority, direction, and control of the
Secretary of Defense, the Chief shall keep the Secretary of the Air
Force fully informed of significant military operations affecting the
duties and responsibilities of the Secretary.''.
(b) Service.--
(1) Incumbent.--The individual serving as Commander of the Air
Force Space Command as of the day before the date of the enactment
of this Act may serve as the Chief of Space Operations under
subsection (a) of section 9082 of title 10, United States Code (as
added by subsection (a) of this section), after that date without
further appointment as otherwise provided for by subsection (a) of
such section 9082.
(2) U.S. space command.--During the one-year period beginning
on the date of the enactment of this Act, the Secretary of Defense
may authorize an officer serving as the Chief of Space Operations
to serve concurrently as the Commander of the United States Space
Command, without further appointment.
(c) Joint Chiefs of Staff Matters.--Effective on the date that is
one year after the date of the enactment of this Act, section 151(a) of
title 10, United States Code, is amended by adding at the end the
following new paragraph:
``(8) The Chief of Space Operations.''.
SEC. 954. SPACE FORCE ACQUISITION COUNCIL.
(a) In General.--Chapter 903 of title 10, United States Code, is
amended--
(1) by redesignating section 9021 as section 9021a; and
(2) by inserting after section 9020 the following new section
9021:
``Sec. 9021. Space Force Acquisition Council
``(a) Establishment.--There is in the Office of the Secretary of
the Air Force a council to be known as the `Space Force Acquisition
Council' (in this section referred to as the `Council').
``(b) Members.--The members of the Council are as follows:
``(1) The Under Secretary of the Air Force.
``(2) The Assistant Secretary of the Air Force for Space
Acquisition and Integration, who shall act as chair of the Council.
``(3) The Assistant Secretary of Defense for Space Policy.
``(4) The Director of the National Reconnaissance Office.
``(5) The Chief of Space Operations.
``(6) The Commander of the United States Space Command.
``(c) Duties.--The Council shall oversee, direct, and manage
acquisition and integration of the Air Force for space systems and
programs in order to ensure integration across the national security
space enterprise.
``(d) Meetings.--The Council shall meet not less frequently than
monthly.
``(e) Reports.--Not later than 30 days after the end of each
calendar year quarter through the first calendar year quarter of 2025,
the Council shall submit to the congressional defense committees a
report on the activities of the Council during the calendar year
quarter preceding the calendar year quarter in which such report is
submitted.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 903 of such title is amended by striking the item relating to
section 9021 and inserting the following new items:
``9021. Space Force Acquisition Council.
``9021a. Air Force Reserve Forces Policy Committee.''.
SEC. 955. ASSISTANT SECRETARY OF DEFENSE FOR SPACE POLICY.
(a) In General.--Section 138(b) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
``(5) One of the Assistant Secretaries is the Assistant Secretary
of Defense for Space Policy. The principal duty of the Assistant
Secretary shall be the overall supervision of policy of the Department
of Defense for space warfighting.''.
(b) Elements of Office.--
(1) Development of recommendations.--The Secretary of Defense
shall seek to enter into an agreement with a federally funded
research and development center on the development of
recommendations as to the appropriate elements of the Office of the
Assistant Secretary of Defense for Space Policy, including, in
particular, whether the elements of the Office should include
elements on space that are currently assigned to the Office of the
Under Secretary of Defense for Intelligence or the Military
Intelligence Program.
(2) Transmittal.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall transmit to the
Committees on Armed Services of the Senate and the House of
Representatives the recommendations developed pursuant to paragraph
(1), together with an assessment of such recommendations by the
Secretary.
SEC. 956. ASSISTANT SECRETARY OF THE AIR FORCE FOR SPACE
ACQUISITION AND INTEGRATION.
(a) Redesignation of Principal Assistant for Space as Assistant
Secretary for Space Acquisition and Integration.--
(1) In general.--The Principal Assistant to the Secretary of
the Air Force for Space is hereby redesignated as the Assistant
Secretary of the Air Force for Space Acquisition and Integration.
(2) References.--Any reference to the Principal Assistant to
the Secretary of the Air Force for Space in any law, regulation,
map, document, record, or other paper of the United States shall be
deemed to be a reference to the Assistant Secretary of the Air
Force for Space Acquisition and Integration.
(b) Codification of Position and Responsibilities.--
(1) In general.--Section 9016 of title 10, United States Code,
as amended by subtitle B of this title, is further amended--
(A) in subsection (a), by striking ``four'' and inserting
``five''; and
(B) in subsection (b), by adding at the end the following
new paragraph:
``(6)(A) One of the Assistant Secretaries is the Assistant
Secretary of the Air Force for Space Acquisition and Integration.
``(B) Subject to the authority, direction, and control of the
Secretary of the Air Force, the Assistant Secretary shall do as
follows:
``(i) Be responsible for all architecture and integration of
the Air Force for space systems and programs, including in support
of the Chief of Space Operations under section 9082 of this title.
``(ii) Act as the chair of the Space Force Acquisition Council
under section 9021 of this title.
``(iii) Advise the service acquisition executive of the Air
Force with responsibility for space systems and programs (including
for all major defense acquisition programs under chapter 144 of
this title for space) on the acquisition of such systems and
programs by the Air Force.
``(iv) Oversee and direct each of the following:
``(I) The Space Rapid Capabilities Office under section
2273a of this title.
``(II) The Space and Missile Systems Center.
``(III) The Space Development Agency.
``(v) Advise and synchronize acquisition projects for all space
systems and programs of the Air Force, including projects for space
systems and programs responsibility for which is transferred to the
Assistant Secretary pursuant to section 956(b)(3) of the United
States Space Force Act.
``(vi) Effective as of October 1, 2022, in accordance with
section 957 of that Act, serve as the Service Acquisition Executive
of the Department of the Air Force for Space Systems and
Programs.''.
(2) Executive schedule level iv.--Section 5315 of title 5,
United States Code, is amended by striking the item relating to the
Assistant Secretaries of the Air Force and inserting the following
new item:
``Assistant Secretaries of the Air Force (5).''.
(3) Transfer of acquisition projects for space systems and
programs.--Effective October 1, 2022, the Secretary of the Air
Force shall transfer to the Assistant Secretary of the Air Force
for Space Acquisition and Integration under paragraph (6) of
section 9016(b) of title 10, United States Code (as added by this
subsection), responsibility for architecture and integration of any
acquisition projects for space systems and programs of the Air
Force that are under the oversight or direction of the Assistant
Secretary of the Air Force for Acquisition as of September 30,
2022.
SEC. 957. SERVICE ACQUISITION EXECUTIVE OF THE DEPARTMENT OF THE
AIR FORCE FOR SPACE SYSTEMS AND PROGRAMS.
(a) In General.--Effective October 1, 2022, there shall be within
the Department of the Air Force a Service Acquisition Executive of the
Department of the Air Force for Space Systems and Programs.
(b) Service.--
(1) In general.--Effective as of October 1, 2022, and subject
to paragraph (2), the individual serving as Assistant Secretary of
the Air Force for Space Acquisition and Integration under paragraph
(6) of section 9016(b) of title 10, United States Code (as added by
section 1832(b) of this Act), shall also serve as the Service
Acquisition Executive for Space Systems and Programs.
(2) Incumbent.--The individual serving as Assistant Secretary
of the Air Force for Space Acquisition and Integration as of
October 1, 2022, may also serve as the Service Acquisition
Executive for Space Systems and Programs pursuant to paragraph (1)
only if appointed as the Service Acquisition Executive for Space
Systems and Programs by the President, by and with the advice and
consent of the Senate, pursuant to a nomination submitted to the
Senate on or after that date.
(c) Authorities and Responsibilities.--
(1) In general.--The Service Acquisition Executive for Space
Systems and Programs shall have within the Department of the Air
Force all the authorities and responsibilities of a service
acquisition executive under section 1704 of title 10, United States
Code, and other applicable law, for the Department of the Air Force
with respect to space systems and programs.
(2) Separate sae within the air force.--The Service Acquisition
Executive for Space Systems and Programs shall be in addition to
the service acquisition executive in the Department of the Air
Force for all acquisition matters of the Department of the Air
Force other than with respect to space systems and programs.
(3) Guidance on relationship among saes.--Not later than
October 1, 2022, and from time to time thereafter, the Secretary of
the Air Force shall issue guidance for the Department of the Air
Force on the authorities and responsibilities of the Service
Acquisition Executive for Space Systems and Programs and the
authorities and responsibilities of the service acquisition
executive of the Department for all acquisition matters of the
Department other than with respect to space systems and programs.
SEC. 958. CONFORMING AMENDMENTS AND CLARIFICATION OF AUTHORITIES.
(a) Conforming Amendments.--Title 10, United States Code, is
amended as follows:
(1) In section 101(a)(9)(C), by inserting ``and the Space
Force'' before the semicolon.
(2) In section 2273a--
(A) in subsection (a), by striking ``Air Force Space
Command'' and inserting ``Space Force''; and
(B) in subsection (b), by striking ``Commander of the Air
Force Space Command'' and inserting ``Chief of Space
Operations''.
(b) Clarification of Authorities.--
(1) In general.--Except as specifically provided by this
subtitle or the amendments made by this subtitle--
(A) a member of the Space Force shall be treated as a
member of the Air Force for the purpose of the application of
any provision of law, including provisions of law relating to
pay, benefits, and retirement; and
(B) a civilian employee of the Space Force shall be treated
as a civilian employee of the Air Force for the purpose of the
application of any provision of law, including provisions of
law relating to pay, benefits, and retirement.
(2) Appointment and enlistment.--For purposes of the
appointment or enlistment of individuals as members of the Space
Force pending the integration of the Space Force into the laws
providing for the appointment or enlistment of individuals as
members of the Armed Forces, appointments and enlistments of
individuals as members of the Armed Forces in the Space Force may
be made in the same manner in which appointments and enlistments of
individuals as members of the Armed Forces in the other Armed
Forces may be made by law.
SEC. 959. EFFECTS ON MILITARY INSTALLATIONS.
Nothing in this subtitle, or the amendments made by this subtitle,
shall be construed to authorize or require the relocation of any
facility, infrastructure, or military installation of the Air Force.
SEC. 960. AVAILABILITY OF FUNDS.
(a) In General.--Subject to subsection (b), amounts authorized to
be appropriated for fiscal year 2020 by this Act and available for the
Air Force may be obligated and expended for programs, projects, and
activities for space, including personnel and acquisition programs,
projects, and activities, for and in connection with the establishment
of the Space Force and the discharge of the other requirements of this
title and the amendments made by this subtitle.
(b) Limitation.--The total amount obligated and expended in fiscal
year 2020 from amounts authorized to be appropriated by this Act for
and in connection with the establishment of the Space Force and the
discharge of the requirements described in subsection (a) may not
exceed the total amount requested for the Space Force in the budget of
the President for fiscal year 2020, as submitted to Congress pursuant
to section 1105(a) of title 10, United States Code.
SEC. 961. IMPLEMENTATION.
(a) Requirement.--Except as specifically provided by this subtitle,
the Secretary of the Air Force shall implement this subtitle, and the
amendments made by this subtitle, by not later than 18 months after the
date of the enactment of this Act.
(b) Briefings.--Not later than 60 days after the date of the
enactment of this Act, and every 60 days thereafter until March 31,
2023, the Secretary of the Air Force and the Chief of Space Operations
shall jointly provide to the congressional defense committees a
briefing on the status of the implementation of the Space Force
pursuant to this subtitle and the amendments made by this subtitle.
Each briefing shall address the current missions, operations and
activities, manpower requirements and status, and budget and funding
requirements and status of the Space Force, and such other matters with
respect to the implementation and operation of the Space Force as the
Secretary and the Chief jointly consider appropriate to keep Congress
fully and currently informed on the status of the implementation of the
Space Force.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Defense Business Audit Remediation Plan.
Sec. 1003. Financial improvement and audit remediation plan.
Sec. 1004. Reporting requirements relating to Department of Defense
audits.
Sec. 1005. Inclusion of certain military construction projects in annual
reports on unfunded priorities of the Armed Forces and the
combatant commands.
Sec. 1006. Prohibition on delegation of responsibility for submittal to
Congress of Out-Year Unconstrained Total Munitions
Requirements and Out-Year Inventory numbers.
Sec. 1007. Annual budget justification display for service-common and
other support and enabling capabilities for special operations
forces.
Sec. 1008. Element in annual reports on the Financial Improvement and
Audit Remediation Plan on activities with respect to
classified programs.
Sec. 1009. Plan of the Department of Defense for financial management
information.
Sec. 1010. Update of authorities and renaming of Department of Defense
Acquisition Workforce Development Fund.
Sec. 1011. Transparency of accounting firms used to support Department
of Defense audit.
Sec. 1012. Modification of required elements of annual reports on
emergency and extraordinary expenses of the Department of
Defense.
Subtitle B--Counterdrug Activities
Sec. 1021. Modification of authority to support a unified counterdrug
and counterterrorism campaign in Colombia.
Sec. 1022. Extension of authority for joint task forces to provide
support to law enforcement agencies conducting counter-
terrorism activities.
Sec. 1023. Sense of Congress regarding Department of Defense counterdrug
activities in the transit zone and Caribbean basin.
Sec. 1024. Assessment of impact of any planned or proposed border wall
on volume of illegal narcotics.
Subtitle C--Naval Vessels
Sec. 1031. Modification of authority to purchase vessels using funds in
National Defense Sealift Fund.
Sec. 1032. Use of National Defense Sealift Fund for procurement of two
used vessels.
Sec. 1033. Transportation by sea of supplies for the Armed Forces and
Defense Agencies.
Sec. 1034. Senior Technical Authority for each naval vessel class.
Sec. 1035. Permanent authority for sustaining operational readiness of
littoral combat ships on extended deployment.
Sec. 1036. Formal training for shipboard system programs of record.
Sec. 1037. Report on shipbuilder training and the defense industrial
base.
Sec. 1038. Use of competitive procedures for CVN-80 and CVN-81 dual
aircraft carrier contract.
Sec. 1039. Report on expanding naval vessel maintenance.
Subtitle D--Counterterrorism
Sec. 1041. Modification of support of special operations to combat
terrorism.
Sec. 1042. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1043. Extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, to the United States.
Sec. 1044. Extension of prohibition on use of funds to construct or
modify facilities in the United States to house detainees
transferred from United States Naval Station, Guantanamo Bay,
Cuba.
Sec. 1045. Extension of prohibition on use of funds to close or
relinquish control of United States Naval Station, Guantanamo
Bay, Cuba.
Sec. 1046. Chief Medical Officer at United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1047. Independent assessment on gender and countering violent
extremism.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1051. Scheduling of Department of Defense executive aircraft
controlled by Secretaries of military departments.
Sec. 1052. Explosive ordnance defense disposal program.
Sec. 1053. 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. 1054. Notification on the provision of defense sensitive support.
Sec. 1055. Revision to authorities relating to mail service for members
of the Armed Forces and Department of Defense civilians
overseas.
Sec. 1056. Access to and use of military post offices by United States
citizens employed overseas by the North Atlantic Treaty
Organization who perform functions in support of military
operations of the Armed Forces.
Sec. 1057. Expenditure of funds for Department of Defense intelligence
and counterintelligence activities.
Sec. 1058. Limitation on use of funds for the inactivation of Army
watercraft units.
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of Defense
that such action is necessary in the national interest, the
Secretary may transfer amounts of authorizations made available to
the Department of Defense in this division for fiscal year 2020
between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so transferred
shall be merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--Except as provided in paragraph (3), the total
amount of authorizations that the Secretary may transfer under the
authority of this section may not exceed $4,000,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military personnel
authorizations under title IV shall not be counted toward the
dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by subsection (a) to
transfer authorizations--
(1) may only be used to provide authority for items that have a
higher priority than the items from which authority is transferred;
and
(2) may not be used to provide authority for an item that has
been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from one
account to another under the authority of this section shall be deemed
to increase the amount authorized for the account to which the amount
is transferred by an amount equal to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. DEFENSE BUSINESS AUDIT REMEDIATION PLAN.
(a) In General.--Chapter 9A of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 240g. Defense Business Audit Remediation Plan
``(a) In General.--The Secretary of Defense shall maintain a plan,
to be known as the `Defense Business Systems Audit Remediation Plan'.
Such plan shall include a current accounting of the defense business
systems of the Department of Defense that will be introduced, replaced,
updated, modified, or retired in connection with the audit of the full
financial statements of the Department, including a comprehensive
roadmap that displays--
``(1) in-service, retirement, and other pertinent dates for
affected defense business systems;
``(2) current cost-to-complete estimates for each affected
defense business system; and
``(3) dependencies both between the various defense business
systems and between the introduction, replacement, update,
modification, and retirement of such systems.
``(b) Report and Briefing Requirements.--
``(1) Annual report.--Not later than June 30, 2020, and
annually thereafter, the Secretary of Defense shall submit to the
congressional defense committees an updated report on the Defense
Business Systems Audit Remediation Plan under subsection (a).
``(2) Semiannual briefings.--Not later than January 31 and June
30 each year, the Secretary shall provide to the congressional
defense committees a briefing on the status of the Defense Business
Systems Audit Remediation Plan. Such briefing shall include a
description of any updates to the defense business systems roadmap
referred to in subsection (a).
``(c) Defense Business System.--In this section, the term `defense
business system' has the meaning given such term in section
2222(i)(1)(A) of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``240g. Defense Business Audit Remediation Plan.''.
SEC. 1003. FINANCIAL IMPROVEMENT AND AUDIT REMEDIATION PLAN.
(a) Elements of Annual Report.--Subsection (b)(1)(B) of section
240b of title 10, United States Code, is amended--
(1) in clause (vii)--
(A) by striking ``or if less than 50 percent of the audit
remediation services''; and
(B) by striking ``and audit remediation activities''; and
(2) in clause (viii), by striking ``or if less than 25 percent
of the audit remediation services''.
(b) Semiannual Briefings.--Subsection (b)(2) of such section is
amended by striking ``or audit remediation''.
(c) Audit Remediation Services.--Subsection (b) of such section is
further amended--
(1) in paragraph (1)(B), by adding at the end the following new
clauses:
``(ix) If less than 50 percent of the audit remediation
services under contract, as described in the briefing
required under paragraph (2)(B), are being performed by
individual professionals meeting the qualifications
described in suhsection (c), a detailed description of the
risks associated with the risks of the acquisition strategy
of the Department with respect to conducting audit
remediation activities and an explanation of how the
strategy complies with the policies expressed by Congress.
``(x) If less than 25 percent of the audit remediation
services under contract, as described in the briefing
required under paragraph (2)(B), are being performed by
individual professionals meeting the qualifications
described in subsection (c), a written certification that
the staffing ratio complies with commercial best practices
and presents no increased risk of delay in the Department's
ability to achieve a clean audit opinion.''; and
(2) in paragraph (2)--
(A) by striking ``Not later'' and inserting ``(A) Not
later''; and
(B) by adding at the end the following new subparagraph:
``(B) Not later than January 31 and June 30 each year, the
Under Secretary of Defense (Comptroller) and the comptrollers of
the military departments shall provide a briefing to the
congressional defense committees on the status of the corrective
action plan. Such briefing shall include both the absolute number
and percentage of personnel performing the amount of audit
remediation services being performed by professionals meeting the
qualifications described in subsection (c).''.
(d) Selection of Audit Remediation Services.--Such section is
further amended by adding at the end the following new subsection:
``(c) Selection of Audit Remediation Services.--The selection of
audit remediation service providers shall be based, among other
appropriate criteria, on qualifications, relevant experience, and
capacity to develop and implement corrective action plans to address
internal control and compliance deficiencies identified during a
financial statement or program audit.''.
SEC. 1004. REPORTING REQUIREMENTS RELATING TO DEPARTMENT OF DEFENSE
AUDITS.
(a) Annual Report.--
(1) In general.--Chapter 9A of title 10, United States Code, as
amended by section 1002 is further amended by adding at the end the
following new section:
``Sec. 240h. Annual report on auditable financial statements
``(a) In General.--Not later than January 30 of each year, the
Secretary of Defense shall submit to the congressional defense
committees a report that includes a ranking of all of the military
departments and Defense Agencies in order of how advanced each such
department and Agency is in achieving auditable financial statements,
as required by law. In preparing the report, the Secretary shall seek
to exclude information that is otherwise available in other reports to
Congress.
``(b) Bottom Quartile.--Not later than June 30 of each year, the
head of each of the military departments and Defense Agencies that were
ranked in the bottom quartile of the report submitted under subsection
(a) for that year shall submit to the congressional defense committees
a report that includes the following information for that military
department or Defense Agency:
``(1) A description of the material weaknesses of the military
department or Defense Agency.
``(2) The underlying causes of such weaknesses.
``(3) A plan for remediating such weaknesses.
``(4) The total number of open audit notices of findings and
recommendations (hereinafter referred to as `NFRs') for the most
recently concluded fiscal year and the preceding two fiscal years,
where applicable.
``(5) The number of repeat or reissued NFRs from the most
recently concluded fiscal year.
``(6) The number of NFRs that were previously forecasted to be
closed during the most recently concluded fiscal year that remain
open.
``(7) The number of closed NFRs during the current fiscal year
and prior fiscal years.
``(8) The number of material weaknesses that were validated by
external auditors as fully resolved or downgraded in the current
fiscal year over prior fiscal years.
``(9) A breakdown by fiscal years in which open NFRs are
forecasted to be closed.
``(10) Explanations for unfavorable trends in the information
under paragraphs (1) through (9).''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter , as amended by section 1002 is futher amended by
adding at the end the following new item:
``240h. Annual report on auditable financial statements.''.
(b) Plan for Remediated Audit Findings.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report on
Department-wide audit metrics. Such report shall include each of the
following:
(1) The total number of open audit notices of findings and
recommendations (hereinafter referred to as ``NFRs'') for the most
recent fiscal year and the preceding two fiscal years where
applicable.
(2) The number of repeat or reissued NFRs from the most recent
fiscal year.
(3) The number of NFRs that were previously forecasted to be
closed in the most recently completed fiscal year that remain open,
(4) The number of closed NFRs in the current fiscal year and
prior fiscal years.
(5) The number of material weaknesses that were validated by
external auditors as fully resolved or downgraded in the current
fiscal year over prior fiscal years.
(6) A breakdown by fiscal years in which open NFRs are
forecasted to be closed.
(7) Explanations for unfavorable trends in the information
under paragraphs (1) through (5).
SEC. 1005. INCLUSION OF CERTAIN MILITARY CONSTRUCTION PROJECTS IN
ANNUAL REPORTS ON UNFUNDED PRIORITIES OF THE ARMED FORCES AND THE
COMBATANT COMMANDS.
(a) Inclusion of Certain Military Construction Projects Among
Unfunded Priorities.--Subsection (d) of section 222a of title 10,
United States Code, is amended to read as follows:
``(d) Definitions.--In this section:
``(1) The term `unfunded priority', in the case of a fiscal
year, means a program, activity, or mission requirement, including
a covered military construction project, that--
``(A) is not funded in the budget of the President for the
fiscal year as submitted to Congress pursuant to section 1105
of title 31;
``(B) is necessary to fulfill a requirement associated with
an operational or contingency plan of a combatant command or
other validated requirement; and
``(C) would have been recommended for funding through the
budget referred to in subparagraph (1) by the officer
submitting the report required by subsection (a) in connection
with the budget if--
``(i) additional resources been available for the
budget to fund the program, activity, or mission
requirement; or
``(ii) the program, activity, or mission requirement
has emerged since the budget was formulated.
``(2) The term `covered military construction project', in
connection with a fiscal year, means a military construction
project that--
``(A) is included in any fiscal year of the future-years
defense program under section 221 of this title that is
submitted in connection with the budget of the President for
the fiscal year, and is executable in the fiscal year; or
``(B) is considered by the commander of a combatant command
referred to in subsection (b)(5) to be an urgent need, and is
executable in the fiscal year.''.
(b) Order of Urgency of Priorities.--Paragraph (2) of subsection
(c) of such section is amended to read as follows:
``(2) Prioritization of priorities.--Each report shall present
the unfunded priorities covered by such report as follows:
``(A) In overall order of urgency of priority.
``(B) In overall order of urgency of priority among
unfunded priorities (other than covered military construction
projects).
``(C) In overall order of urgency of priority among covered
military construction projects.''.
SEC. 1006. PROHIBITION ON DELEGATION OF RESPONSIBILITY FOR SUBMITTAL TO
CONGRESS OF OUT-YEAR UNCONSTRAINED TOTAL MUNITIONS REQUIREMENTS AND
OUT-YEAR INVENTORY NUMBERS.
Section 222c of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``subsection (b)'' and
inserting ``subsection (c)'';
(2) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively;
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Prohibition on Delegation of Submittal Responsibility.--The
responsibility of the chief of staff of an armed force in subsection
(a) to submit a report may not be delegated outside the armed force
concerned.''; and
(4) in subsection (c), as redesignated by paragraph (2), by
striking ``subsection (c)'' in paragraph (6) and inserting
``subsection (d)''.
SEC. 1007. ANNUAL BUDGET JUSTIFICATION DISPLAY FOR SERVICE-COMMON AND
OTHER SUPPORT AND ENABLING CAPABILITIES FOR SPECIAL OPERATIONS FORCES.
(a) In General.--Chapter 9 of title 10, United States Code, is
amended by inserting after section 225 the following new section:
``Sec. 226. Special operations forces: display of service-common and
other support and enabling capabilities
``(a) In General.--The Secretary shall include, in the budget
materials submitted to Congress under section 1105 of title 31 for
fiscal year 2021 and any subsequent fiscal year, a consolidated budget
justification display showing service-common and other support and
enabling capabilities for special operations forces requested by a
military service or Defense Agency. Such budget justification display
shall include any amount for service-common or other capability
development and acquisition, training, operations, pay, base operations
sustainment, and other common services and support.
``(b) Service-common and Other Support and Enabling Capabilities.--
In this section, the term `service-common and other support and
enabling capabilities' means capabilities provided in support of
special operations that are not reflected in Major Force Program-11 or
designated as special operations forces-peculiar.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
225 the following new item:
``226. Special operations forces: display of service-common and other
support and enabling capabilities.''.
SEC. 1008. ELEMENT IN ANNUAL REPORTS ON THE FINANCIAL IMPROVEMENT AND
AUDIT REMEDIATION PLAN ON ACTIVITIES WITH RESPECT TO CLASSIFIED
PROGRAMS.
Section 240b(b)(1) of title 10, United States Code, is amended--
(1) in subparagraph (B), as amended by section 1003, by adding
at the end the following new clause:
``(xi) A description of audit activities and results
for classified programs, including a description of the use
of procedures and requirements to prevent unauthorized
exposure of classified information in such activities.'';
and
(2) in subparagraph (C)(i), by inserting ``or (ix)'' after
``clause (vii)''.
SEC. 1009. PLAN OF THE DEPARTMENT OF DEFENSE FOR FINANCIAL MANAGEMENT
INFORMATION.
(a) Element on Support of NDS by Corrective Action Plans.--Section
240b(b)(1)(B) of title 10, United States Code, as amended by section
1008 of this Act, is further amended by adding at the end the following
new clause:
``(xii) An identification the manner in which the
corrective action plan or plans of each department, agency,
component, or element of the Department of Defense, and the
corrective action plan of the Department as a whole,
support the National Defense Strategy (NDS) of the United
States.''.
(b) Technical Amendment.--Clause (i) of such section is amended by
striking ``section 253a'' and inserting ``section 240c''.
(c) Annual Reports on Funding for Corrective Action Plans.--Not
later than five days after the submittal to Congress under section
1105(a) of title 31, United States Code, of the budget of the President
for any fiscal year after fiscal year 2020, the Secretary of Defense
shall submit to the congressional defense committees a reporting
setting forth a detailed estimate of the funding required for such
fiscal year to procure, obtain, or otherwise implement each process,
system, and technology identified to address the current corrective
action plans of the departments, agencies, components, and elements of
the Department of Defense, and the corrective action plan of the
Department as a whole, for purposes of chapter 9A of title 10, United
States Code, during such fiscal year.
SEC. 1010. UPDATE OF AUTHORITIES AND RENAMING OF DEPARTMENT OF DEFENSE
ACQUISITION WORKFORCE DEVELOPMENT FUND.
(a) Renaming as Account.--
(1) In general.--Section 1705 of title 10, United States Code,
is amended--
(A) in subsection (a), by striking ``the `Department of
Defense Acquisition Workforce Development Fund' (in this
section referred to as the `Fund')'' and inserting ``the
`Department of Defense Acquisition Workforce Development
Account' (in this section referred to as the `Account')''; and
(B) by striking ``Fund'' each place it appears (other than
subsection (e)(6)) and inserting ``Account''.
(2) Conforming and clerical amendments.--
(A) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 1705. Department of Defense Acquisition Workforce Development
Account''.
(B) Clerical amendment.--The table of sections at the
beginning of subchapter I of chapter 87 of such title is
amended by striking the item relating to section 1705 and
inserting the following new item:
``1705. Department of Defense Acquisition Workforce Development
Account.''.
(b) Management.--Such section is further amended by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' each place it appears and inserting ``Under Secretary of
Defense for Acquisition and Sustainment''.
(c) Appropriations as Sole Elements of Account.--Subsection (d) of
such section is amended to read as follows:
``(d) Elements.--The Account shall consist of amounts appropriated
to the Account by law.''.
(d) Availability of Amounts in Account.--Subsection (e)(6) of such
section is amended by striking ``credited to the Fund'' and all that
follows and inserting ``appropriated to the Account pursuant to
subsection (d) shall remain available for expenditure for the fiscal
year in which appropriated and the succeeding fiscal year.''.
(e) Effective Date.--
(1) In general.--The amendments made by this section shall take
effect on October 1, 2019, and shall apply with respect to fiscal
years that begin on or after that date.
(2) Duration of availability of previously deposited funds.--
Nothing in the amendments made by this section shall modify the
duration of availability of amounts in the Department of Defense
Acquisition Workforce Development Fund that were appropriated or
credited to, or deposited, in the Fund, before October 1, 2019, as
provided for in section 1705(e)(6) of title 10, United States Code,
as in effect on the day before such date.
SEC. 1011. TRANSPARENCY OF ACCOUNTING FIRMS USED TO SUPPORT DEPARTMENT
OF DEFENSE AUDIT.
Section 1006 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232) is amended--
(1) by striking ``For all contract actions'' and inserting
``(a) In General.--For all contract actions''; and
(2) by adding at the end the following new subsections
``(b) Treatment of Statement.--A statement setting forth the
details of a disciplinary proceeding submitted pursuant to subsection
(a), and the information contained in such a statement, shall be--
``(1) treated as confidential to the extent required by the
court or agency in which the proceeding has occurred; and
``(2) treated in a manner consistent with any protections or
privileges established by any other provision of Federal law.''.
SEC. 1012. MODIFICATION OF REQUIRED ELEMENTS OF ANNUAL REPORTS ON
EMERGENCY AND EXTRAORDINARY EXPENSES OF THE DEPARTMENT OF DEFENSE.
Paragraph (2) of section 127(d) of title 10, United States Code, is
amended to read as follows:
``(2) Each report submitted under paragraph (1) shall include, for
each individual expenditure covered by such report in an amount in
excess of $100,000, the following:
``(A) A detailed description of the purpose of such
expenditure.
``(B) The amount of such expenditure.
``(C) An identification of the approving authority for such
expenditure.
``(D) A justification why other authorities available to the
Department could not be used for such expenditure.
``(E) Any other matters the Secretary considers appropriate.''.
Subtitle B--Counterdrug Activities
SEC. 1021. MODIFICATION OF AUTHORITY TO SUPPORT A UNIFIED COUNTERDRUG
AND COUNTERTERRORISM CAMPAIGN IN COLOMBIA.
(a) Organizations With Respect to Which Assistance May Be
Provided.--Subsection (a) of section 1021 of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (Public Law
108-375; 118 Stat. 2042), as most recently amended by section 1011(1)
of the National Defense Authorization Act for Fiscal Year 2018 (Public
Law 115-91; 131 Stat. 1545), is further amended--
(1) in paragraph (1), by striking ``organizations designated
as'' and all that follows and inserting ``the Revolutionary Armed
Forces of Colombia (FARC), the National Liberation Army (ELN), the
United Self-Defense Forces of Colombia (AUC), and any covered
organization that the Secretary of Defense, with the concurrence of
the Secretary of State, determines poses a threat to the national
security interests of the United States.'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph (2):
``(2) For purposes of paragraph (1), a covered organization is any
foreign terrorist organization, or other organization that is a non-
state armed group, that--
``(A) promotes illicit economies;
``(B) employs violence to protect its interests;
``(C) has a military type structure, tactics, and weapons that
provide it the ability to carry out large-scale violence;
``(D) challenges the security response capacity of Colombia;
and
``(E) has the capability to control territory.''.
(b) Notice on Assistance.--Such section is further amended--
(1) by redesignating subsections (e) and (f) as subsections (f)
and (g), respectively; and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Notice on Assistance With Respect to Covered Organizations.--
(1) Not later than 30 days before providing assistance pursuant to the
authority in subsection (a) with respect to a covered organization, the
Secretary of Defense shall submit to the appropriate committees of
Congress a written notification of the intent to use such authority
with respect to such organization, including the name of such
organization, the characteristics of such organization, and threat
posed by such organization.
``(2) In this subsection, the term `appropriate committees of
Congress' means--
``(A) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
``(B) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.''.
SEC. 1022. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO PROVIDE
SUPPORT TO LAW ENFORCEMENT AGENCIES CONDUCTING COUNTER-TERRORISM
ACTIVITIES.
(a) Extension.--Subsection (b) of section 1022 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 10
U.S.C. 271 note) is amended by striking ``2020'' and inserting
``2022''.
(b) Technical Corrections.--Subsection (e) of such section is
amended--
(1) in paragraph (1), by inserting a period at the end; and
(2) by adding at the end the following paragraph (2):
``(2) For purposes of applying the definition of transnational
organized crime under paragraph (1) to this section, the term `illegal
means', as it appears in such definition, includes the trafficking of
money, human trafficking, illicit financial flows, illegal trade in
natural resources and wildlife, trade in illegal drugs and weapons, and
other forms of illegal means determined by the Secretary of Defense.''.
SEC. 1023. SENSE OF CONGRESS REGARDING DEPARTMENT OF DEFENSE
COUNTERDRUG ACTIVITIES IN THE TRANSIT ZONE AND CARIBBEAN BASIN.
It is the sense of Congress that--
(1) combating transnational criminal organizations and illicit
narcotics trafficking across the transit zone and the Caribbean
basin is critical to the national security of the United States;
(2) the Department of Defense should work with the Department
of Homeland Security, the Department of State, and other relevant
Federal, State, local, and international partners to improve
surveillance capabilities and maximize the effectiveness of
counterdrug operations in the region; and
(3) the Secretary of Defense should, to the greatest extent
possible, ensure United States Northern Command and United States
Southern Command have the necessary assets to support and increase
counter-drug activities within their respective areas of operations
in the transit zone and the Caribbean basin.
SEC. 1024. ASSESSMENT OF IMPACT OF ANY PLANNED OR PROPOSED BORDER WALL
ON VOLUME OF ILLEGAL NARCOTICS.
(a) Assessment Required.--The Secretary of Defense, in consultation
with the Secretary of Homeland Security, shall conduct an assessment of
the impact that any planned or proposed border wall construction under
section 284 or 2808 of title 10, United States Code, along the southern
border of the United States would have on the volume of illegal
narcotics entering the United States.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense and the Secretary of Homeland
Security shall jointly submit to Congress a report on the assessment
required by subsection (a).
Subtitle C--Naval Vessels
SEC. 1031. MODIFICATION OF AUTHORITY TO PURCHASE VESSELS USING FUNDS IN
NATIONAL DEFENSE SEALIFT FUND.
(a) In General.--Section 2218(f)(3)(E) of title 10, United States
Code, is amended--
(1) in clause (i), by striking ``ten new sealift vessels'' and
inserting ``ten new vessels that are sealift vessels, auxiliary
vessels, or a combination of such vessels''; and
(2) in clause (ii), by striking ``sealift''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2019, and shall apply with respect to fiscal
years beginning on or after that date.
SEC. 1032. USE OF NATIONAL DEFENSE SEALIFT FUND FOR PROCUREMENT OF TWO
USED VESSELS.
Pursuant to section 2218(f)(3) of title 10, United States Code, and
using amounts authorized to be appropriated for Operation and
Maintenance, Navy, for fiscal year 2020, the Secretary of the Navy
shall seek to enter into a contract for the procurement of two used
vessels.
SEC. 1033. TRANSPORTATION BY SEA OF SUPPLIES FOR THE ARMED FORCES AND
DEFENSE AGENCIES.
Section 2631 of title 10, United States Code, is amended--
(1) in the first sentence of subsection (a), by inserting ``or
for a Defense Agency'' after ``Marine Corps''; and
(2) in subsection (b)--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(B) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Before entering into a contract for the transportation by sea
of fuel products under this section, the Secretary shall provide a
minimum variance of three days on the shipment date.''; and
(C) in paragraph (4), as redesignated by subparagraph (A),
by striking ``the requirement described in paragraph (1)'' and
insert ``a requirement under paragraph (1) or (2)''.
SEC. 1034. SENIOR TECHNICAL AUTHORITY FOR EACH NAVAL VESSEL CLASS.
(a) Senior Technical Authority for Each Class Required.--Chapter
863 of title 10, United States Code, is amended by inserting after
section 8669a the following new section:
``Sec. 8669b. Senior Technical Authority for each naval vessel class
``(a) Senior Technical Authority.--
``(1) Designation for each vessel class required.--The
Secretary of the Navy shall designate, in writing, a Senior
Technical Authority for each class of naval vessels as follows:
``(A) In the case of a class of vessels which has received
Milestone A approval, an approval to enter into technology
maturation and risk reduction, or an approval to enter into a
subsequent Department of Defense or Department of the Navy
acquisition phase as of the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2020, not
later than 30 days after such date of enactment.
``(B) In the case of any class of vessels which has not
received any approval described in subparagraph (A) as of such
date of enactment, at or before the first of such approvals.
``(2) Individuals eligible for designation.--Each individual
designated as a Senior Technical Authority under paragraph (1)
shall be an employee of the Navy in the Senior Executive Service in
an organization of the Navy that--
``(A) possesses the technical expertise required to carry
out the responsibilities specified in subsection (b); and
``(B) operates independently of chains-of-command for
acquisition program management.
``(3) Term.--Each Senior Technical Authority shall be
designated for a fixed term, not shorter than the time anticipated
to establish demonstrated successful performance of the class of
vessels concerned in accordance with its approved capabilities
document, as determined by the Secretary at the time of
designation.
``(4) Voluntary departure.--If an individual designated as a
Senior Technical Authority voluntarily departs the position before
demonstrated successful performance of the class of vessels
concerned, the Secretary shall designate, in writing, a
replacement, and shall notify, in writing, the congressional
defense committees not later than 90 days after such departure.
``(5) Removal.--An individual may be removed involuntarily from
designation as a Senior Technical Authority only by the Secretary.
Not later than 15 days after the involuntary removal of an
individual from such designation, the Secretary shall notify, in
writing, the congressional defense committees of the removal,
including the reasons for the removal. Not later than 90 days after
the involuntary removal, the Secretary shall designate, in writing,
a replacement, and shall notify, in writing, the congressional
defense committees of such designation.
``(6) Reassignment for mission needs.--Subject to paragraphs
(4) and (5), the Secretary may reassign a Senior Technical
Authority or remove an individual from designation as a Senior
Technical Authority in furtherance of Department of the Navy
mission needs.
``(b) Responsibilities and Authority.--Each Senior Technical
Authority shall be responsible for, and have the authority to,
establish, monitor, and approve technical standards, tools, and
processes for the class of naval vessels for which designated under
this section in conformance with applicable laws and Department of
Defense and Department of the Navy policies, requirements,
architectures, and standards.
``(c) Limitation on Obligation of Funds on Lead Vessel in Vessel
Class.--
``(1) In general.--On or after January 1, 2021, funds
authorized to be appropriated for Shipbuilding and Conversion, Navy
or Other Procurement, Navy may not be obligated for the first time
on the lead vessel in a class of naval vessels unless the Secretary
of the Navy certifies as described in paragraph (2).
``(2) Certification elements.--The certification on a class of
naval vessels described in this paragraph is a certification
containing each of the following:
``(A) The name or names of the individual or individuals
designated as the Senior Technical Authority for such class of
vessels, and the qualifications and professional biography or
biographies of the individual or individuals so designated.
``(B) A description by the Senior Technical Authority of
the systems engineering, technology, and ship integration risks
for such class of vessels.
``(C) The designation by the Senior Technical Authority of
each critical hull, mechanical, electrical, propulsion, and
combat system of such class of vessels, including systems
relating to power generation, power distribution, and key
operational mission areas.
``(D) The date on which the Senior Technical Authority
approved the systems engineering, engineering development, and
land-based engineering and testing plans for such class of
vessels.
``(E) A description by the Senior Technical Authority of
the key technical knowledge objectives and demonstrated system
performance of each plan approved as described in subparagraph
(D).
``(F) A determination by the Senior Technical Authority
that such plans are sufficient to achieve thorough technical
knowledge of critical systems of such class of vessels before
the start of detail design and construction.
``(G) A determination by the Senior Technical Authority
that actual execution of activities in support of such plans as
of the date of the certification have been and continue to be
effective and supportive of the acquisition schedule for such
class of vessels.
``(H) A description by the Senior Technical Authority of
other technology maturation and risk reduction efforts not
included in such plans for such class of vessels taken as of
the date of the certification.
``(I) A certification by the Senior Technical Authority
that each critical system covered by subparagraph (C) has been
demonstrated through testing of a prototype or identical
component in its final form, fit, and function in a realistic
environment.
``(J) A determination by the Secretary that the plans
approved as described in subparagraph (D) are fully funded and
will be fully funded in the future-years defense program for
the fiscal year beginning in the year in which the
certification is submitted.
``(K) A determination by the Secretary that the Senior
Technical Authority will approve, in writing, the ship
specification for such class of vessels before the request for
proposals for detail design, construction, or both, as
applicable, is released.
``(3) Deadline for submittal of certification.--The
certification required by this subsection with respect to a class
of naval vessels shall be submitted, in writing, to the
congressional defense committees not fewer than 30 days before the
Secretary obligates for the first time funds authorized to be
appropriated for Shipbuilding and Conversion, Navy or Other
Procurement, Navy for the lead vessel in such class of naval
vessels.
``(d) Definitions.--In this section:
``(1) The term `class of naval vessels'--
``(A) means any group of similar undersea or surface craft
procured with Shipbuilding and Conversion, Navy or Other
Procurement, Navy funds, including manned, unmanned, and
optionally-manned craft; and
``(B) includes--
``(i) a substantially new class of craft (including
craft procured using `new start' procurement); and
``(ii) a class of craft undergoing a significant
incremental change in its existing class (such as a next
`flight' of destroyers or next `block' of attack
submarines).
``(2) The term `future-years defense program' has the meaning
given that term in section 221 of this title.
``(3) The term `Milestone A approval' has the meaning given
that term in section 2431a of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 863 of such title is amended by inserting after the item
relating to section 8669a the following new item:
``8669b. Senior Technical Authority for each naval vessel class.''.
SEC. 1035. PERMANENT AUTHORITY FOR SUSTAINING OPERATIONAL READINESS OF
LITTORAL COMBAT SHIPS ON EXTENDED DEPLOYMENT.
Section 8680(a)(2) of title 10, United States Code, is amended--
(1) in subparagraph (C)(ii)--
(A) by striking ``means preservation or corrosion control
efforts and cleaning services'' and inserting ``means--''; and
(B) by adding at the end the following new subclauses:
``(I) the effort required to provide housekeeping services
throughout the ship;
``(II) the effort required to perform coating maintenance
and repair to exterior and interior surfaces due to normal
environmental conditions; and
``(III) the effort required to clean mechanical spaces,
mission zones, and topside spaces.''; and
(2) by striking subparagraph (D).
SEC. 1036. FORMAL TRAINING FOR SHIPBOARD SYSTEM PROGRAMS OF RECORD.
(a) In General.--The Secretary of the Navy shall ensure that there
is formal training provided for any shipboard system that is a program
of record on any Navy surface vessel.
(b) Timline for Implementation.--
(1) Current programs.--In the case of any shipboard system
program of record that is in use as of the date of the enactment of
this Act for which no formal training is available, the Secretary
shall ensure that such training is available by not later than 12
months after the date of the enactment of this Act.
(2) Future programs.--In the case of any shipboard system
program of record that is first accepted by the Government after
the date of the enactment of this Act, the Secretary shall ensure
that formal training is established for such program by not later
than 12 months after the date on which the shipboard system program
of record is first accepted by the Government.
SEC. 1037. REPORT ON SHIPBUILDER TRAINING AND THE DEFENSE INDUSTRIAL
BASE.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense, in coordination with the Secretary of
Labor, shall submit to the Committee on Armed Services and the
Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Armed Services and the Committee on Education and
Labor of the House of Representatives a report on shipbuilder training
and hiring requirements necessary to achieve the Navy's 30-year
shipbuilding plan and to maintain the shipbuilding readiness of the
defense industrial base. Such report shall include each of the
following:
(1) An analysis and estimate of the time and investment
required for new shipbuilders to gain proficiency in particular
shipbuilding occupational specialties, including detailed
information about the occupational specialty requirements necessary
for construction of naval surface ship and submarine classes to be
included in the Navy's 30-year shipbuilding plan.
(2) An analysis of the age demographics and occupational
experience level (measured in years of experience) of the
shipbuilding defense industrial workforce.
(3) An analysis of the potential time and investment challenges
associated with developing and retaining shipbuilding skills in
organizations that lack intermediate levels of shipbuilding
experience.
(4) Recommendations concerning how to address shipbuilder
training during periods of demographic transition, including
whether emerging technologies, such as augmented reality, may aid
in new shipbuilder training.
(5) Recommendations concerning how to encourage young adults to
enter the defense shipbuilding industry and to develop the skills
necessary to support the shipbuilding defense industrial base.
SEC. 1038. USE OF COMPETITIVE PROCEDURES FOR CVN-80 AND CVN-81 DUAL
AIRCRAFT CARRIER CONTRACT.
To the extent practicable and unless otherwise required by law, the
Secretary of the Navy shall ensure that competitive procedures are used
with respect to any task order or delivery order issued under a dual
aircraft carrier contract relating to the CVN-80 and CVN-81.
SEC. 1039. REPORT ON EXPANDING NAVAL VESSEL MAINTENANCE.
(a) Report Required.--Not later than May 1, 2020, the Secretary of
the Navy shall submit to the congressional defense committees a report
on the feasibility and advisability of allowing maintenance to be
performed on a naval vessel at a shipyard other than a homeport
shipyard of the vessel.
(b) Elements.--The report required under subsection (a) shall
include the following:
(1) An assessment of the ability of homeport shipyards to meet
the current naval vessel maintenance demands.
(2) An assessment of the ability of homeport shipyards to meet
the naval vessel maintenance demands of the force structure
assessment requirement of the Navy for a 355-ship navy.
(3) An assessment of the ability of non-homeport firms to
augment repair work at homeport shipyards, including an assessment
of the following:
(A) The capability and proficiency of shipyards in the
Great Lakes, Gulf Coast, East Coast, West Coast, and Alaska
regions to perform technical repair work on naval vessels at
locations other than their homeports.
(B) The improvements to the capability and capacity of
shipyards in the Great Lakes, Gulf Coast, East Coast, West
Coast, and Alaska regions that would be required to enable
performance of technical repair work on naval vessels at
locations other than their homeports.
(C) The types of naval vessels (such as noncombatant
vessels or vessels that only need limited periods of time in
shipyards) best suited for repair work performed by shipyards
in locations other than their homeports.
(D) The potential benefits to fleet readiness of expanding
shipyard repair work to include shipyards not located at the
homeports of naval vessels.
(E) The ability of non-homeport firms to maintain surge
capacity when homeport shipyards lack the capacity or
capability to meet homeport requirements.
(4) An assessment of the potential benefits of expanding repair
work for naval vessels to shipyards not eligible for short-term
work in accordance with section 8669a(c) of title 10, United States
Code.
(5) Such other related matters as the Secretary of the Navy
considers appropriate.
(c) Rules of Construction.--
(1) Requirements relating to construction of combatant and
escort vessels and assignment of vessel projects.--Nothing in this
section may be construed to override the requirements of section
8669a of title 10, United States Code.
(2) No funding for shipyards of non-homeport firms.--Nothing in
this section may be construed to authorize funding for shipyards of
non-homeport firms.
(d) Definitions.--In this section:
(1) Homeport shipyard.--The term ``homeport shipyard'' means a
shipyard associated with a firm capable of being awarded short-term
work at the homeport of a naval vessel in accordance with section
8669a(c) of title 10, United States Code.
(2) Short-term work.--The term ``short-term work'' has the
meaning given that term in section 8669a(c)(4) of such title.
Subtitle D--Counterterrorism
SEC. 1041. MODIFICATION OF SUPPORT OF SPECIAL OPERATIONS TO COMBAT
TERRORISM.
Section 127e of title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``authorized'' before
``ongoing''; and
(2) in subsection (d)(2)--
(A) in subparagraph (A), by inserting ``and a description
of the authorized ongoing operation'' before the period at the
end;
(B) by redesignating subparagraph (C) as subparagraph (D);
(C) by striking subparagraphs (B) and inserting the
following new subparagraphs after subparagraph (A):
``(B) A description of the foreign forces, irregular
forces, groups, or individuals engaged in supporting or
facilitating the authorized ongoing operation who will receive
support provided under this section.
``(C) A detailed description of the support provided or to
be provided to the recipient.''; and
(D) by adding at the end the following new subparagraphs:
``(E) A detailed description of the legal and operational
authorities related to the authorized ongoing operation,
including relevant execute orders issued by the Secretary of
Defense and combatant commanders related to the authorized
ongoing operation, including an identification of operational
activities United States Special Operations Forces are
authorized to conduct under such execute orders.
``(F) The duration for which the support is expected to be
provided and an identification of the timeframe in which the
provision of support will be reviewed by the combatant
commander for a determination regarding the necessity of
continuation of support.''.
SEC. 1042. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR TRANSFER OR
RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA, TO CERTAIN COUNTRIES.
Section 1035 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232) is amended by striking
``December 31, 2019'' and inserting ``December 31, 2020''.
SEC. 1043. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR TRANSFER OR
RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA, TO THE UNITED STATES.
Section 1033 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232) is amended by striking
``December 31, 2019'' and inserting ``December 31, 2020''.
SEC. 1044. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR
MODIFY FACILITIES IN THE UNITED STATES TO HOUSE DETAINEES TRANSFERRED
FROM UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
Section 1034(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232) is amended
by striking ``December 31, 2019'' and inserting ``December 31, 2020''.
SEC. 1045. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE OR
RELINQUISH CONTROL OF UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA.
Section 1036 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1551), as amended by section
1032 of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1953), is further
amended by striking ``or 2019'' and inserting ``, 2019, or 2020''.
SEC. 1046. CHIEF MEDICAL OFFICER AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA.
(a) Chief Medical Officer.--
(1) In general.--There shall be at United States Naval Station,
Guantanamo Bay, Cuba, a Chief Medical Officer of United States
Naval Station, Guantanamo Bay (in this section referred to as the
``Chief Medical Officer'').
(2) Grade.--The individual serving as Chief Medical Officer
shall be an officer of the Armed Forces who holds a grade not below
the grade of colonel, or captain in the Navy.
(3) Chain of command.--Notwithstanding sections 162 and 164 of
title 10, United States Code, the Chief Medical Officer shall be
assigned and report to the Assistant Secretary of Defense for
Health Affairs, with duty at United States Naval Station,
Guantanamo Bay, Cuba, in the performance of duties and the exercise
of powers of the Chief Medical Officer under this section.
(b) Duties.--
(1) In general.--The Chief Medical Officer shall oversee the
provision of medical care to individuals detained at Guantanamo.
(2) Quality of care.--The Chief Medical Officer shall ensure
that medical care provided as described in paragraph (1) meets
applicable standards of care.
(c) Powers.--
(1) In general.--The Chief Medical Officer shall make medical
determinations relating to medical care for individuals detained at
Guantanamo, including--
(A) decisions regarding assessment, diagnosis, and
treatment; and
(B) determinations concerning medical accommodations to
living conditions and operating procedures for detention
facilities.
(2) Resolution of declination to follow determinations.--If the
commander of Joint Task Force Guantanamo or the Commander of United
States Southern Command declines to follow a determination of the
Chief Medical Officer under paragraph (1), the matter covered by
such determination shall be resolved by the Assistant Secretary of
Defense for Health Affairs, in consultation with the Assistant
Secretary of Defense for Special Operations and Low Intensity
Conflict, not later than seven days after receipt by both Assistant
Secretaries of written notification of the matter from the Chief
Medical Officer.
(3) Security clearances.--The appropriate departments or
agencies of the Federal Government shall, to the extent practicable
in accordance with existing procedures and requirements, process
expeditiously any application and adjudication for a security
clearance required by the Chief Medical Officer to carry out the
Chief Medical Officer's duties and powers under this section.
(d) Access to Individuals, Information, and Assistance.--
(1) In general.--The Chief Medical Officer may secure directly
from the Department of Defense access to any individual,
information, or assistance that the Chief Medical Officer considers
necessary to enable the Chief Medical Officer to carry out this
section, including full access to the following:
(A) Any individual detained at Guantanamo.
(B) Any medical records of any individual detained at
Guantanamo.
(C) Medical professionals of the Department who are
working, or have worked, at United States Naval Station,
Guantanamo Bay.
(2) Access upon request.--Upon request of the Chief Medical
Officer, the Department shall make available to the Chief Medical
Officer on an expeditious basis access to individuals, information,
and assistance as described in paragraph (1).
(3) Lack of expeditious availability.--If access to
individuals, information, or assistance is not made available to
the Chief Medical Officer upon request on an expeditious basis as
required by paragraph (2), the Chief Medical Officer shall notify
the Assistant Secretary of Defense for Health Affairs and the
Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict, who shall take actions to resolve the matter
expeditiously.
(e) Definitions.--In this section:
(1) Individual detained at guantanamo defined.--The term
``individual detained at Guantanamo'' means an individual located
at United States Naval Station, Guantanamo Bay, Cuba, as of October
1, 2009, who--
(A) is not a national of the United States (as defined in
section 101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)) or a member of the Armed Forces of the
United States; and
(B) is--
(i) in the custody or under the control of the
Department of Defense; or
(ii) otherwise detained at United States Naval Station,
Guantanamo Bay.
(2) Medical care.--The term ``medical care'' means physical and
mental health care.
(3) Standard of care.--The term ``standard of care'' means
evaluation and treatment that is accepted by medical experts and
reflected in peer-reviewed medical literature as the appropriate
medical approach for a condition, symptoms, illness, or disease and
that is widely used by healthcare professionals.
SEC. 1047. INDEPENDENT ASSESSMENT ON GENDER AND COUNTERING VIOLENT
EXTREMISM.
(a) In General.--The Secretary of Defense, in consultation with the
Secretary of State, shall seek to enter into a contract with a
nonprofit entity or a federally funded research and development center
independent of the Department of Defense and the Department of State to
conduct research and analysis on the relationship between gender and
violent extremism.
(b) Elements.--The research and analysis conducted under subsection
(a) shall include consideration of the following:
(1) The probable causes and historical trends of women's
participation in violent extremist organizations.
(2) Potential ways in which women's participation in violent
extremism is likely to change in the near- and medium-term.
(3) The relationship between violent extremism and each of the
following:
(A) Gender-based violence, abduction, and human
trafficking.
(B) The perceived role or value of women at the community
level, including with respect to property and inheritance
rights and bride-price and dowry.
(C) Community opinions of killing or harming of women.
(D) Violations of girls' rights, including child, early,
and forced marriage and access to education.
(4) Ways for the Department of Defense to engage and support
women and girls who are vulnerable to extremist behavior and
activities as a means to counter violent extremism and terrorism.
(c) Utilization.--The Secretary of Defense and the Secretary of
State shall utilize the results of the research and analysis conducted
under subsection (a) to inform the strategic and operational objectives
of the geographic combatant command, where appropriate. Such
utilization shall be in accordance with the Women, Peace, and Security
Act of 2017 (Public Law 115-68; 22 U.S.C. 2152j et seq.).
(d) Reports.--
(1) In general.--Not later than 270 days after the date of the
enactment of this Act, the nonprofit entity or federally funded
research and development center with which the Secretary of Defense
enters into the contract under subsection (a) shall submit to the
Secretary of Defense and Secretary of State a report on the results
of the research and analysis required by subsection (a).
(2) Submission to congress.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense shall
submit to the appropriate congressional committees each of the
following:
(A) A copy of the report submitted under paragraph (1)
without change.
(B) Any comments, changes, recommendations, or other
information provided by the Secretary of Defense and the
Secretary of State relating to the research and analysis
required by subsection (a) and contained in such report.
(3) Appropriate congressional committees.--In this paragraph,
the term ``appropriate congressional committees'' means--
(A) the congressional defense committees;
(B) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives; and
(C) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
Subtitle E--Miscellaneous Authorities and Limitations
SEC. 1051. SCHEDULING OF DEPARTMENT OF DEFENSE EXECUTIVE AIRCRAFT
CONTROLLED BY SECRETARIES OF MILITARY DEPARTMENTS.
(a) In General.--Chapter 2 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 120. Department of Defense executive aircraft controlled by
Secretaries of military departments
``(a) In General.--The Secretary of Defense shall ensure that the
Chief of the Air Force Special Air Mission Office is given the
responsibility for coordination of scheduling all Department of Defense
executive aircraft controlled by the Secretaries of the military
departments in order to support required use travelers.
``(b) Responsibilities.--(1) Not later than 180 days after the date
of the enactment of this section, the Secretary of each of the military
departments shall execute a memorandum of understanding with the Air
Force Special Air Mission Office regarding oversight and management of
executive aircraft controlled by that military department.
``(2) The Secretary of Defense shall be responsible for
prioritizing travel when requests exceed available executive airlift
capability.
``(3) The Secretary of a military department shall maintain overall
authority for scheduling the required use travelers of that military
department on executive aircraft controlled by the Secretary. When an
executive aircraft controlled by the Secretary of a military department
is not supporting required use travelers of that military department,
the Secretary of the military department shall make such executive
aircraft available for scheduling of other required use travelers.
``(c) Limitations.--(1) The Secretary of Defense may not establish
a new command and control organization to support aircraft.
``(2) No executive aircraft controlled by the Secretary of a
military department may be permanently stationed at any location
without a required use traveler without the approval of the Secretary
of Defense.
``(d) Definitions.--In this section:
``(1) The term `required use traveler' has the meaning given
such term in Department of Defense directive 4500.56, as in effect
on the date of the enactment of this section.
``(2) The term `executive aircraft' has the meaning given such
term in Department of Defense directive 4500.43, as in effect on
the date of the enactment of this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``120. Department of Defense executive aircraft controlled by
Secretaries of military departments.''.
SEC. 1052. EXPLOSIVE ORDNANCE DEFENSE DISPOSAL PROGRAM.
(a) Roles, Responsibilities, and Authorities.--Subsection (b) of
section 2284 of title 10, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) in paragraph (1)--
(A) in subparagraph (A), by inserting ``and'' after the
semicolon;
(B) by redesignating subparagraph (B) as paragraph (2),
moving it to appear after paragraph (1), and adjusting the
margins accordingly;
(C) by redesignating subparagraph (C) as subparagraph (B);
(D) in subparagraph (B), as so redesignated--
(i) by striking ``joint program executive officer who''
and inserting ``training and technology program that'';
(ii) by inserting ``, provides common individual
training,'' after ``explosive ordnance disposal'';
(iii) by striking ``and procurement'';
(iv) by inserting ``for common tools'' after
``activities'';
(v) by striking ``and combatant commands''; and
(E) by striking subparagraphs (D) and (E);
(3) in paragraph (2), as redesignated by paragraph (2)(B) of
this subsection, by inserting ``(A)'' after ``paragraph (1)'';
(4) in paragraph (3), as redesignated by paragraph (1) of this
subsection, by striking ``such as weapon systems, manned and
unmanned vehicles and platforms, cyber and communication equipment,
and the integration of explosive ordnance disposal sets, kits and
outfits and explosive ordnance disposal tools, equipment, sets,
kits, and outfits developed by the department.'' and inserting ``;
and''; and
(5) by adding at the end the following new paragraph:
``(4) the Secretary of the Army shall designate an Army
explosive ordnance disposal-qualified general officer to serve as
the co-chair of the Department of Defense explosive ordnance
disposal defense program.''.
(b) Definitions.--Such section is further amended by adding at the
end the following new subsection:
``(d) Definitions.--In this section:
``(1) The term `explosive ordnance' has the meaning given such
term in section 283(d) of this title.
``(2) The term `explosive ordnance disposal' means the
detection, identification, on-site evaluation, rendering safe,
exploitation, recovery, and final disposal of explosive
ordnance.''.
SEC. 1053. TECHNICAL CORRECTION AND EXTENSION OF REPORTING REQUIREMENT
REGARDING ENHANCEMENT OF INFORMATION SHARING AND COORDINATION OF
MILITARY TRAINING BETWEEN DEPARTMENT OF HOMELAND SECURITY AND
DEPARTMENT OF DEFENSE.
Section 1014 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328) is amended--
(1) by striking ``section 371 of title 10, United States Code''
each place it appears and inserting ``section 271 of title 10,
United States Code''; and
(2) in subsection (d)(3) by striking ``January 31, 2020'' and
inserting ``December 31, 2022''.
SEC. 1054. NOTIFICATION ON THE PROVISION OF DEFENSE SENSITIVE SUPPORT.
Section 1055(b) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 113 note) is amended--
(1) in paragraph (2)--
(A) by redesignating subparagraph (C) as subparagraph (E);
and
(B) by inserting after subparagraph (B) the following new
subparagraphs:
``(C) A description of the required duration of the
support.
``(D) A description of the initial costs for the
support.''; and
(2) by adding at the end the following new paragraph:
``(5) Sustainment costs.--If the Secretary determines that
sustainment costs will be incurred as a result of the provision of
defense sensitive support, the Secretary, not later than 15 days
after the initial provision of such support, shall certify to the
congressional defense committees (and the congressional
intelligence committees with respect to matters relating to members
of the intelligence community) that such sustainment costs will not
interfere with the ability of the Department to execute operations,
accomplish mission objectives, and maintain readiness.''.
SEC. 1055. REVISION TO AUTHORITIES RELATING TO MAIL SERVICE FOR MEMBERS
OF THE ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIANS OVERSEAS.
(a) Eligibility for Free Mail.--Section 3401(a) of title 39, United
States Code, is amended to read as follows:
``(a)(1) First-class letter mail having the character of personal
correspondence shall be carried, at no cost to the sender, in the
manner provided by this section, when mailed by an eligible individual
described in paragraph (2) and addressed to a place within the delivery
limits of a United States post office, if--
``(A) such letter mail is mailed by the eligible individual at
an Armed Forces post office established in an overseas area
designated by the President, where the Armed Forces of the United
States are deployed for a contingency operation as determined by
the Secretary of Defense; or
``(B) the eligible individual is hospitalized as a result of
disease or injury incurred as a result of service in an overseas
area designated by the President under subparagraph (A).
``(2) An eligible individual described in this paragraph is--
``(A) a member of the Armed Forces of the United States on
active duty, as defined in section 101 of title 10; or
``(B) a civilian employee of the Department of Defense or a
military department who is providing support to military
operations.''.
(b) Surface Shipment of Mail Authorized.--Section 3401 of title 39,
United States Code, is amended--
(1) by striking subsection (c);
(2) by redesignating subsections (d), (e), (f), and (g) as
subsections (c), (d), (e), and (f), respectively; and
(3) by amending subsection (b) to read as follows:
``(b) There shall be transported by surface or air, consistent with
the service purchased by the mailer, between Armed Forces post offices
or from an Armed Forces post office to a point of entry into the United
States, the following categories of mail matter which are mailed at any
such Armed Forces post office:
``(1) Letter mail communications having the character of
personal correspondence.
``(2) Any parcel exceeding 1 pound in weight but less than 70
pounds in weight and less than 130 inches in length and girth
combined.
``(3) Publications published not less frequently than once per
week and featuring principally current news of interest to members
of the Armed Forces of the United States and the general public.''.
(c) Technical and Conforming Amendments.--
(1) Section 3401 of title 39, United States Code, is amended in
the section heading by striking ``and of friendly foreign
nations''.
(2) The table of sections for chapter 34 of title 39, United
States Code, is amended by striking the item relating to section
3401 and inserting the following:
``3401. Mailing privileges of members of Armed Forces of the United
States.''.
SEC. 1056. ACCESS TO AND USE OF MILITARY POST OFFICES BY UNITED STATES
CITIZENS EMPLOYED OVERSEAS BY THE NORTH ATLANTIC TREATY ORGANIZATION
WHO PERFORM FUNCTIONS IN SUPPORT OF MILITARY OPERATIONS OF THE ARMED
FORCES.
Section 406 of title 39, United States Code, is amended by adding
at the end the following:
``(c)(1) The Secretary of Defense may authorize the use of a post
office established under subsection (a) in a location outside the
United States by citizens of the United States--
``(A) who--
``(i) are employed by the North Atlantic Treaty
Organization; and
``(ii) perform functions in support of the Armed Forces of
the United States; and
``(B) if the Secretary makes a written determination that such
use is--
``(i) in the best interests of the Department of Defense;
and
``(ii) otherwise authorized by applicable host nation law
or agreement.
``(2) No funds may be obligated or expended to establish, maintain,
or expand a post office established under subsection (a) for the
purpose of use described in paragraph (1) of this subsection.''.
SEC. 1057. EXPENDITURE OF FUNDS FOR DEPARTMENT OF DEFENSE INTELLIGENCE
AND COUNTERINTELLIGENCE ACTIVITIES.
(a) In General.--Subject to subsections (b) and (c), the Secretary
of Defense may expend amounts made available for the Military
Intelligence Program for any of fiscal years 2020 through 2025 for
intelligence and counterintelligence activities for any purpose the
Secretary determines to be proper with regard to intelligence and
counterintelligence objects of a confidential, extraordinary, or
emergency nature. Such a determination is final and conclusive upon the
accounting officers of the United States.
(b) Limitation on Amount.--The Secretary of Defense may not expend
more than five percent of the amounts described in subsection (a) for
any fiscal year for objects described in that subsection unless--
(1) the Secretary notifies the congressional defense committees
and the congressional intelligence committees of the intent to
expend the amounts and purpose of the expenditure; and
(2) 30 days have elapsed from the date on which the Secretary
provides the notice described in paragraph (1).
(c) Certification.--For each expenditure of funds under this
section, the Secretary shall certify that such expenditure was made for
an object of a confidential, extraordinary, or emergency nature.
(d) Report.--Not later than December 31 of each of 2020 through
2025, the Secretary of Defense shall submit to the congressional
defense committees and the congressional intelligence committees a
report on expenditures made under this section during the fiscal year
preceding the year in which the report is submitted. Each such report
shall include, for each expenditure under this section during the
fiscal year covered by the report, a description, the purpose, the
program element, and the certification required under section (c).
(e) Limitation on Delegations.--The Secretary of Defense may not
delegate the authority under this section with respect to any
expenditure in excess of $100,000.
(f) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees'' means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the House
of Representatives.
SEC. 1058. LIMITATION ON USE OF FUNDS FOR THE INACTIVATION OF ARMY
WATERCRAFT UNITS.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2020 may be obligated or
expended for the inactivation of any Army watercraft unit until the
Secretary of Defense submits to Congress certification that--
(1) the Secretary has completed the Army Watercraft
Requirements Review; and
(2) the Secretary has entered into a contract with a federally
funded research and development corporation for the review of the
ability of the Army to meet the watercraft requirements of the
combatant commanders and the effects on preparedness to provide
support to States and territories in connection with natural
disasters, threats, and emergencies.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--General Provisions
Sec. 1101. Defense Advanced Research Projects Agency personnel
management authority.
Sec. 1102. Report on the probationary period for 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. Modification of direct hire authorities for the Department of
Defense.
Sec. 1110. Designating certain FEHBP and FEGLI services provided by
Federal employees as excepted services under the Anti-
Deficiency Act.
Sec. 1111. Continuing supplemental dental and vision benefits and long-
term care insurance coverage during a Government shutdown.
Sec. 1112. Limitation on transfer of Office of Personnel Management.
Sec. 1113. Assessment of Accelerated Promotion Program suspension.
Sec. 1114. Reimbursement for Federal, State, and local income taxes
incurred during travel, transportation, and relocation.
Sec. 1115. Clarification of limitation on expedited hiring authority for
post-secondary students.
Sec. 1116. Modification of temporary assignments of Department of
Defense employees to a private-sector organization.
Sec. 1117. Extension of authority for part-time reemployment.
Subtitle B--Fair Chance Act
Sec. 1121. Short title.
Sec. 1122. Prohibition on criminal history inquiries prior to
conditional offer for Federal employment.
Sec. 1123. Prohibition on criminal history inquiries by contractors
prior to conditional offer.
Sec. 1124. Report on employment of individuals formerly incarcerated in
Federal prisons.
Subtitle C--ATC Hiring Reform
Sec. 1131. Short title; definition.
Sec. 1132. Hiring of air traffic control specialists.
Sec. 1133. Ensuring hiring preference for applicants with experience at
an air traffic control facility of the National Guard.
Sec. 1134. FAA reports on air traffic controller hiring and training.
Sec. 1135. DOT Inspector General review and report.
Subtitle A--General Provisions
SEC. 1101. DEFENSE ADVANCED RESEARCH PROJECTS AGENCY PERSONNEL
MANAGEMENT AUTHORITY.
Section 1599h(b)(1)(B) of title 10, United States Code, is amended
by striking ``100 positions'' and inserting ``140 positions''.
SEC. 1102. REPORT ON THE PROBATIONARY PERIOD FOR DEPARTMENT OF DEFENSE
EMPLOYEES.
(a) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Defense shall--
(1) conduct an independent review on the probationary periods
applicable to Department of Defense employees under section 1599e
of title 10, United States Code; and
(2) submit a report on such review to the Committees on Armed
Services and Oversight and Reform of the House of Representatives
and the Committees on Armed Services and Homeland Security and
Governmental Affairs of the Senate.
(b) Contents.--The review and report under subsection (a) shall
cover the period beginning on the date of the enactment of such section
1599e and ending on December 31, 2018, and include the following:
(1) An assessment and identification of the demographics of
each Department of Defense employee who, during such period, was on
a probationary period and who was removed from the civil service,
subject to any disciplinary action (up to and including removal),
or who filed a claim or appeal with the Office of Special Counsel
or the Equal Employment Opportunity Commission.
(2) A statistical assessment of the distribution patterns with
respect to any removal from the civil service during such period
of, or any disciplinary action (up to and including a removal)
taken during such period against, any Department employee while the
employee was on a probationary period.
(3) An analysis of the best practices and abuses of discretion
by supervisors and managers of the Department with respect to
probationary periods.
(4) An assessment of the utility of the probationary period
prescribed by such section 1599e on the successful recruitment,
retention, and professional development of civilian employees of
the Department, including any recommendation for regulatory or
statutory changes the Secretary determines to be appropriate.
(5) A discussion of the cases where the Department made a
determination to remove a Department employee during the second
year of such employee's probationary period.
(6) A summary of how the Department has implemented the
authority provided in such section 1599e with respect to
probationary periods, including the number, and a demographic
summary, of each Department employee removed from the civil
service, subject to any disciplinary action (up to and including
removal), or who filed a claim or appeal with the Office of Special
Counsel or the Equal Employment Opportunity Commission during the
second year of any such employee's probationary period.
(c) Consultation.--The analysis and recommendations in the report
required under subsection (a) shall be prepared in consultation with
Department of Defense employees and managers, labor organizations
representing such employees, staff of the Office of Special Counsel and
the Equal Employment Opportunity Commission, and attorneys representing
Department employees in wrongful termination actions.
SEC. 1103. CIVILIAN PERSONNEL MANAGEMENT.
Section 129 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``each fiscal year''
and inserting ``each fiscal year primarily''; and
(B) in the second sentence--
(i) by striking ``Any'' and inserting ``The management
of such personnel in any fiscal year shall not be subject
solely to any''; and
(ii) by striking ``shall be developed'' and all that
follows through ``changed circumstances''; and
(2) in subsection (c)(2)--
(A) in each of subparagraphs (A) and (B), by inserting
``and associated cost'' after each instance of ``projected
size''; and
(B) in subparagraph (B), by striking ``that have been
taken'' and all that follows through the period and inserting
``to reduce the overall costs of the total force of military,
civilian, and contract workforces.''.
SEC. 1104. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT
ALLOWANCES, BENEFITS, AND GRATUITIES TO CIVILIAN PERSONNEL ON OFFICIAL
DUTY IN A COMBAT ZONE.
Paragraph (2) of section 1603(a) of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Hurricane
Recovery, 2006 (Public Law 109-234; 120 Stat. 443), as added by section
1102 of the Duncan Hunter National Defense Authorization Act for Fiscal
Year 2009 (Public Law 110-417; 122 Stat. 4616) and as most recently
amended by section 1115 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), is further
amended by striking ``2020'' and inserting ``2021''.
SEC. 1105. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL LIMITATION
ON PREMIUM PAY AND AGGREGATE LIMITATION ON PAY FOR FEDERAL CIVILIAN
EMPLOYEES WORKING OVERSEAS.
Subsection (a) of section 1101 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4615), as most recently amended by section 1104(a) of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 132 Stat. 2001), is further amended by striking ``through
2019'' and inserting ``through 2020''.
SEC. 1106. PERFORMANCE OF CIVILIAN FUNCTIONS BY MILITARY PERSONNEL.
Subparagraph (B) of paragraph (1) of subsection (g) of section 129a
of title 10, United States Code, is amended to read as follows:
``(B) such functions may be performed by military personnel
for a period that does not exceed one year if the Secretary of
the military department concerned determines that--
``(i) the performance of such functions by military
personnel is required to address critical staffing needs
resulting from a reduction in personnel or budgetary
resources by reason of an Act of Congress; and
``(ii) the military department concerned is in
compliance with the policies, procedures, and analysis
required by this section and section 129 of this title.''.
SEC. 1107. EXTENSION OF DIRECT HIRE AUTHORITY FOR DOMESTIC INDUSTRIAL
BASE FACILITIES AND MAJOR RANGE AND TEST FACILITIES BASE.
(a) In General.--Subsection (a) of section 1125 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328), as
amended by subsection (a) of section 1102 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91), is further
amended by striking ``through 2021,'' and inserting ``through 2025,''.
(b) Briefing.--Subsection (b) of such section 1102 is amended by
striking ``fiscal years 2019 and 2021'' and inserting ``fiscal years
2019 through 2025''.
SEC. 1108. AUTHORITY TO PROVIDE ADDITIONAL ALLOWANCES AND BENEFITS FOR
CERTAIN DEFENSE CLANDESTINE SERVICE EMPLOYEES.
Section 1603 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(c) Additional Allowances and Benefits for Certain Employees of
the Defense Clandestine Service.--(1) Beginning on the date on which
the Secretary of Defense submits the report under paragraph (3)(A), in
addition to the authority to provide compensation under subsection (a),
the Secretary may provide a covered employee allowances and benefits
under paragraph (1) of section 9904 of title 5 without regard to the
limitations in that section--
``(A) that the employee be assigned to activities outside the
United States; or
``(B) that the activities to which the employee is assigned be
in support of Department of Defense activities abroad.
``(2) The Secretary may not provide allowances and benefits under
paragraph (1) to more than 125 covered employees per year.
``(3)(A) The Secretary shall submit to the appropriate
congressional committees a report containing a strategy addressing the
mission of the Defense Clandestine Service during the period covered by
the most recent future-years defense program submitted under section
221 of this title, including--
``(i) how such mission will evolve during such period;
``(ii) how the authority provided by paragraph (1) will assist
the Secretary in carrying out such mission; and
``(iii) an implementation plan for carrying out paragraph (1),
including a projection of how much the amount of the allowances and
benefits provided under such paragraph compare with the amount of
the allowances and benefits provided before the date of the report.
``(B) Not later than December 31, 2020, and each year thereafter,
the Secretary shall submit to the appropriate congressional committees
a report, with respect to the fiscal year preceding the date on which
the report is submitted--
``(i) identifying the number of covered employees for whom the
Secretary provided allowances and benefits under paragraph (1); and
``(ii) evaluating the efficacy of such allowances and benefits
in enabling the execution of the objectives of the Defense
Intelligence Agency.
``(C) The reports under subparagraphs (A) and (B) may be submitted
in classified form.
``(4) In this subsection:
``(A) The term `appropriate congressional committees' means--
``(i) the congressional defense committees; and
``(ii) the Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee on
Intelligence of the Senate.
``(B) The term `covered employee' means an employee in a
defense intelligence position who is assigned to the Defense
Clandestine Service at a location in the United States that the
Secretary determines has living costs equal to or higher than the
District of Columbia.''.
SEC. 1109. MODIFICATION OF DIRECT HIRE AUTHORITIES FOR THE DEPARTMENT
OF DEFENSE.
(a) In General.--Section 9905 of title 5, United States Code, is
amended--
(1) in subsection (a)--
(A) by amending paragraph (2) to read as follows:
``(2) Any cyber workforce position.''; and
(B) by adding afer paragraph (4) the following:
``(5) Any scientific, technical, engineering, or mathematics
positions, including technicians, within the defense acquisition
workforce, or any category of acquisition positions within the
Department designated by the Secretary as a shortage or critical
need category.
``(6) Any scientific, technical, engineering, or mathematics
position, except any such position within any defense Scientific
and Technology Reinvention Laboratory, for which a qualified
candidate is required to possess a bachelor's degree or an advanced
degree, or for which a veteran candidate is being considered.
``(7) Any category of medical or health professional positions
within the Department designated by the Secretary as a shortage
category or critical need occupation.
``(8) Any childcare services position for which there is a
critical hiring need and a shortage of childcare providers.
``(9) Any financial management, accounting, auditing,
actuarial, cost estimation, operational research, or business or
business administration position for which a qualified candidate is
required to possess a finance, accounting, management or actuarial
science degree or a related degree, or a related degree of
equivalent experience.
``(10) Any position, as determined by the Secretary, for the
purpose of assisting and facilitating the efforts of the Department
in business transformation and management innovation.''; and
(2) by striking subsection (b) and inserting the following:
``(b) Sunset.--
``(1) In general.--Except as provided in paragraph (2),
effective on September 30, 2025, the authority provided under
subsection (a) shall expire.
``(2) Exception.--Paragraph (1) shall not apply to the
authority provided under subsection (a) to make appointments to
positions described under paragraph (5) of such subsection.
``(c) Suspension of Other Hiring Authorities.--During the period
beginning on the effective date of the regulations issued to carry out
the hiring authority with respect to positions described in paragraphs
(5) through (10) of subsection (a) and ending on the date described in
subsection (b)(1), the Secretary of Defense may not exercise or
otherwise use any hiring authority provided under the following
provisions of law:
``(1) Sections 1599c(a)(2) and 1705(h) of title 10.
``(2) Sections 1112 and 1113 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 1033).
``(3) Sections 1110 and 1643(a)(3) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2450 and 2602).
``(4) Sections 559 and 1101 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131
Stat. 1406 and 1627).''.
(b) Report.--
(1) In general.--Not later than February 1, 2021, the Secretary
of Defense, in coordination with the Director of the Office of
Personnel Management, shall provide for the conduct of an
independent review and report to the congressional defense
committees and the Committee on Oversight and Reform of the House
of Representatives.
(2) Contents.--The report required under paragraph (1) shall--
(A) assess and identify steps that could be taken to
improve the competitive hiring process at the Department and
ensure that direct hiring is conducted in a manner consistent
with ensuring a merit based civil service and a diverse
workforce in the Department and the rest of the Federal
Government; and
(B) consider the feasibility and desirability of using
cohort hiring, or hiring ``talent pools'', instead of
conducting all hiring on a position-by-position basis.
(3) Consultation.--The analysis and recommendations in the
report required under paragraph (1) shall be prepared in
consultation with all stakeholders, public sector unions, hiring
managers, career agency, and Office of Personnel Management
personnel specialists, and after a survey of public sector
employees and job applicants.
SEC. 1110. DESIGNATING CERTAIN FEHBP AND FEGLI SERVICES PROVIDED BY
FEDERAL EMPLOYEES AS EXCEPTED SERVICES UNDER THE ANTI-DEFICIENCY ACT.
(a) FEHBP.--Section 8905 of title 5, United States Code, is amended
by adding at the end the following:
``(i) Any services by an officer or employee under this chapter
relating to enrolling individuals in a health benefits plan under this
chapter, or changing the enrollment of an individual already so
enrolled, shall be deemed, for purposes of section 1342 of title 31,
services for emergencies involving the safety of human life or the
protection of property.''.
(b) FEGLI.--Section 8702 of title 5, United States Code, is amended
by adding at the end the following:
``(d) Any services by an officer or employee under this chapter
relating to benefits under this chapter shall be deemed, for purposes
of section 1342 of title 31, services for emergencies involving the
safety of human life or the protection of property.''.
(c) Regulations.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Office of Personnel Management shall
prescribe regulations to carry out the amendments made by
subsections (a) and (b).
(2) Pay status for furloughed employees.--The regulations
prescribed under paragraph (1) for the amendments made by
subsection (a) shall provide that an employee furloughed as result
of a lapse in appropriations shall, during such lapse, be deemed to
be in a pay status for purposes of enrolling or changing the
enrollment (as the case may be) of that employee under chapter 89
of title 5, United States Code.
(d) Application.--The amendments made by subsection (a) and (b)
shall apply to any lapse in appropriations beginning on or after the
date of enactment of this Act.
SEC. 1111. CONTINUING SUPPLEMENTAL DENTAL AND VISION BENEFITS AND LONG-
TERM CARE INSURANCE COVERAGE DURING A GOVERNMENT SHUTDOWN.
(a) In General.--Title 5, United States Code, is amended--
(1) in section 8956, by adding at the end the following:
``(d) Coverage under a dental benefits plan under this chapter for
any employee or a covered TRICARE-eligible individual enrolled in such
a plan and who, as a result of a lapse in appropriations, is furloughed
or excepted from furlough and working without pay shall continue during
such lapse and may not be cancelled as a result of nonpayment of
premiums or other periodic charges due to such lapse.'';
(2) in section 8986, by adding at the end the following:
``(d) Coverage under a vision benefits plan under this chapter for
any employee or a covered TRICARE-eligible individual enrolled in such
a plan and who, as a result of a lapse in appropriations, is furloughed
or excepted from furlough and working without pay shall continue during
such lapse and may not be cancelled as a result of nonpayment of
premiums or other periodic charges due to such lapse.''; and
(3) in section 9003, by adding at the end the following:
``(e) Effect of Government Shutdown.--Coverage under a master
contract under this chapter for long-term care insurance for an
employee or member of the uniformed services enrolled under such
contract and who, due to a lapse in appropriations, is furloughed or
excepted from furlough and working without pay shall continue during
such lapse and may not be cancelled as a result of nonpayment of
premiums or other periodic charges due to such lapse.''.
(b) Regulations.--
(1) In general.--Consistent with paragraph (2), the Director of
the Office of Personnel Management shall prescribe regulations
under which premiums for supplemental dental, supplemental vision,
or long-term care insurance under chapter 89A, 89B, or 90
(respectively) of title 5, United States Code, (as amended by
subsection (a)) that are unpaid by an employee, a covered TRICARE-
eligible individual, or a member of the uniformed services (as the
case may be), as a result of that employee, covered TRICARE-
eligible individual, or member being furloughed or excepted from
furlough and working without pay as a result of a lapse in
appropriations, are paid to the applicable carrier from back pay
made available to the employee or member as soon as practicable
upon the end of such lapse.
(2) Long-term care premiums from source other than backpay.--
The regulations promulgated under paragraph (1) for the amendments
made by subsection (a)(3) may provide, with respect to any
individual who elected under section 9004(d) of title 5, United
States Code, to pay premiums directly to the carrier, that such
individual may continue to pay premiums pursuant to such election
instead of from back pay made available to such individual.
(c) Application.--The amendments made by subsection (a) shall apply
to any contract for supplemental dental, supplemental vision, or long-
term care insurance under chapter 89A, 89B, or 90 (respectively) of
title 5, United States Code, entered into before, on, or after the date
of enactment of this Act.
SEC. 1112. LIMITATION ON TRANSFER OF OFFICE OF PERSONNEL MANAGEMENT.
(a) In General.--No person may assign, transfer, transition, merge,
or consolidate any function, responsibility, authority, service,
system, or program that is assigned in law to the Office of Personnel
Management to or with the General Services Administration, the Office
of Management and Budget, or the Executive Office of the President,
until on or after the date that is 180 days after the date on which the
report required by subsection (c) is submitted to the appropriate
committees of Congress, and subject to the enactment of any legislation
required.
(b) Independent Study and Report.--
(1) In general.--Not later than 30 days after the date of the
enactment of this Act, the Director of the Office of Personnel
Management (in this section referred to as the ``Director'') shall
contract with the National Academy of Public Administration (in
this section referred to as the ``Academy'') to conduct a study
addressing each of the elements set forth in paragraph (3) and to
report the findings and recommendations derived from such study.
(2) Deadline.--Not later than one year after the date the
contract required by paragraph (1) is entered into, the Academy
shall submit the report prepared under such contract to the
Director and the appropriate committees of Congress.
(3) Requirements.--The study and report required by paragraph
(1) and (2) shall include a comprehensive assessment and analysis
of--
(A) the statutory mandates assigned to the Office of
Personnel Management and the challenges associated with the
Office's execution of those mandates;
(B) the non-statutory functions, responsibilities,
authorities, services, systems, and programs performed or
executed by the Office of Personnel Management; the Office's
justification for carrying out such functions,
responsibilities, authorities, services, systems, and programs;
and the challenges associated with the Office's execution of
same;
(C) the means, options, and recommended courses of action
for addressing the challenges identified pursuant to
subparagraphs (A) and (B), including an analysis of the
benefits, costs, and feasibility of each option and the effect
of each on labor-management agreements;
(D) a timetable for the implementation of options and
recommended courses of action identified pursuant to
subparagraph (C);
(E) statutory or regulatory changes necessary to execute
any course of action recommended;
(F) the methods for involving, engaging with, and receiving
input from other Federal agencies, departments, and entities
potentially affected by any change in the structure, functions,
responsibilities, authorities of the Office of Personnel
Management that may be recommended;
(G) the views of identified stakeholders, including other
Federal agencies, departments, and entities; non-Federal
entities or organizations representing customers or intended
beneficiaries of Office of Personnel Management functions,
services, systems, or programs; and such individual customers
and intended beneficiaries; and
(H) such other matters as the Director may prescribe.
(c) OPM Report.--
(1) In general.--Not later than 180 days after the date on
which the report is submitted pursuant to subsection (b)(2) to the
Director and the appropriate committees of Congress, the Director,
in consultation with the General Services Administration, the
Office of Management and Budget, and other appropriate Federal
agencies, departments, or entities, shall submit to the appropriate
committees of Congress a report on the views of the Office of
Personnel Management on the findings and recommendations set forth
in the report prepared under subsection (b), together with any
recommendations for changes in the structure, functions,
responsibilities, and authorities of the Office of Personnel
Management.
(2) Business case analysis.--Any recommendation submitted in
the report under paragraph (1) for change shall be accompanied by a
business case analysis setting forth the operational efficiencies
and cost savings (in both the short- and long-terms) associated
with such change, and a proposal for legislative or administrative
action required to effect the change proposed.
(d) Definition of Appropriate Committees of Congress.--For purposes
of this section, the term ``appropriate committees of Congress'' are
the Committees on Appropriations and Homeland Security and Governmental
Affairs of the Senate and the Committees on Appropriations and
Oversight and Reform of the House of Representatives.
SEC. 1113. ASSESSMENT OF ACCELERATED PROMOTION PROGRAM SUSPENSION.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Navy shall conduct an
assessment of the impacts resulting from the Navy's suspension in 2016
of the Accelerated Promotion Program (in this section referred to as
the ``APP'').
(b) Elements.--The assessment required under subsection (a) shall
include the following elements:
(1) An identification of the number of employees who were hired
at the four public shipyards between January 23, 2016, and December
22, 2016, covering the period in which APP was suspended, and who
would have otherwise been eligible for APP had the program been in
effect at the time they were hired.
(2) An assessment for employees identified in paragraph (1) to
determine the difference between wages earned from the date of hire
to the date on which wage data is collected for purposes of the
assessment and the wages which would have been earned during this
same period had that employee participated in APP from the date of
hire and been promoted according to the average promotion timeframe
for participants hired in the five-year period prior to the
suspension.
(3) An assessment for each employee identified in paragraph (1)
to determine at what grade and step each effected employee who
would have met the required experience and training to qualify for
an accelerated promotion would be on October 1, 2020, had that
employee been promoted according to the average promotion timeframe
for participants hired in the five-year period prior to the
suspension.
(4) An evaluation of existing authorities available to the
Secretary to determine whether the Secretary can take measures
using those authorities to provide the pay difference and
corresponding interest to each effected employee who has otherwise
met the required experience and training to qualify for an
accelerated promotion identified in paragraph (2) and directly
promote the employee to the grade and step identified in paragraph
(3).
(c) Report.--The Secretary shall submit to the congressional
defense committees a report on the results of the assessment required
under subsection (a) by not later than June 1, 2020, and shall provide
interim briefings upon request.
SEC. 1114. REIMBURSEMENT FOR FEDERAL, STATE, AND LOCAL INCOME TAXES
INCURRED DURING TRAVEL, TRANSPORTATION, AND RELOCATION.
(a) In General.--Section 5724b of title 5, United States Code, is
amended--
(1) in the section heading, by striking ``of employees
transferred'';
(2) in subsection (a)--
(A) in the first sentence, by striking ``employee, or by an
employee and such employee's spouse (if filing jointly), for
any moving or storage'' and inserting ``individual, or by an
individual and such individual's spouse (if filing jointly),
for any travel, transportation, or relocation''; and
(B) in the second sentence, by striking ``employee'' and
inserting ``individual, or the individual''; and
(3) by striking subsection (b) and inserting the following:
``(b) For purposes of this section, the term `travel,
transportation, or relocation expenses' means all travel,
transportation, or relocation expenses reimbursed or furnished in kind
pursuant to this subchapter of chapter 41.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 57 of title 5, United States Code, is amended by striking the
item relating to section 5724b and inserting the following:
``5724b. Taxes on reimbursements for travel, transportation, and
relocation expenses''.
(c) Retroactive Effective Date.--The amendments made by this
section shall take effect on January 1, 2018.
SEC. 1115. CLARIFICATION OF LIMITATION ON EXPEDITED HIRING AUTHORITY
FOR POST-SECONDARY STUDENTS.
Section 3116(d)(1) of title 5, United States Code, is amended to
read as follows:
``(1) In general.--Except as provided in paragraph (2), the
total number of students that the head of an agency may appoint
under this section during a fiscal year may not exceed the number
equal to 15 percent of the number of students that the agency head
appointed during the previous fiscal year to a position at the GS-
11 level, or an equivalent level, or below.''.
SEC. 1116. MODIFICATION OF TEMPORARY ASSIGNMENTS OF DEPARTMENT OF
DEFENSE EMPLOYEES TO A PRIVATE-SECTOR ORGANIZATION.
Section 1599g(e)(2)(A) of title 10, United States Code, is amended
by inserting ``permanent'' after ``without the''.
SEC. 1117. EXTENSION OF AUTHORITY FOR PART-TIME REEMPLOYMENT.
(a) Civil Service Retirement System.--Section 8344(l)(7) of title
5, United States Code, is amended by striking ``December 31, 2019'' and
inserting ``December 31, 2024''.
(b) Federal Employees Retirement System.--Section 8468(i)(7) of
title 5, United States Code, is amended by striking ``December 31,
2019'' and inserting ``December 31, 2024''.
Subtitle B--Fair Chance Act
SEC. 1121. SHORT TITLE.
This subtitle may be cited as the ``Fair Chance to Compete for Jobs
Act of 2019'' or the ``Fair Chance Act''.
SEC. 1122. PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO
CONDITIONAL OFFER FOR FEDERAL EMPLOYMENT.
(a) In General.--Subpart H of part III of title 5, United States
Code, is amended by adding at the end the following:
``CHAPTER 92--PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO
CONDITIONAL OFFER
``Sec.
``9201. Definitions.
``9202. Limitations on requests for criminal history record information.
``9203. Agency policies; complaint procedures.
``9204. Adverse action.
``9205. Procedures.
``9206. Rules of construction.
``Sec. 9201. Definitions
``In this chapter--
``(1) the term `agency' means `Executive agency' as such term
is defined in section 105 and includes--
``(A) the United States Postal Service and the Postal
Regulatory Commission; and
``(B) the Executive Office of the President;
``(2) the term `appointing authority' means an employee in the
executive branch of the Government of the United States that has
authority to make appointments to positions in the civil service;
``(3) the term `conditional offer' means an offer of employment
in a position in the civil service that is conditioned upon the
results of a criminal history inquiry;
``(4) the term `criminal history record information'--
``(A) except as provided in subparagraphs (B) and (C), has
the meaning given the term in section 9101(a);
``(B) includes any information described in the first
sentence of section 9101(a)(2) that has been sealed or expunged
pursuant to law; and
``(C) includes information collected by a criminal justice
agency, relating to an act or alleged act of juvenile
delinquency, that is analogous to criminal history record
information (including such information that has been sealed or
expunged pursuant to law); and
``(5) the term `suspension' has the meaning given the term in
section 7501.
``Sec. 9202. Limitations on requests for criminal history record
information
``(a) Inquiries Prior to Conditional Offer.--Except as provided in
subsections (b) and (c), an employee of an agency may not request, in
oral or written form (including through the Declaration for Federal
Employment (Office of Personnel Management Optional Form 306) or any
similar successor form, the USAJOBS internet website, or any other
electronic means) that an applicant for an appointment to a position in
the civil service disclose criminal history record information
regarding the applicant before the appointing authority extends a
conditional offer to the applicant.
``(b) Otherwise Required by Law.--The prohibition under subsection
(a) shall not apply with respect to an applicant for a position in the
civil service if consideration of criminal history record information
prior to a conditional offer with respect to the position is otherwise
required by law.
``(c) Exception for Certain Positions.--
``(1) In general.--The prohibition under subsection (a) shall
not apply with respect to an applicant for an appointment to a
position--
``(A) that requires a determination of eligibility
described in clause (i), (ii), or (iii) of section
9101(b)(1)(A);
``(B) as a Federal law enforcement officer (as defined in
section 115(c) of title 18); or
``(C) identified by the Director of the Office of Personnel
Management in the regulations issued under paragraph (2).
``(2) Regulations.--
``(A) Issuance.--The Director of the Office of Personnel
Management shall issue regulations identifying additional
positions with respect to which the prohibition under
subsection (a) shall not apply, giving due consideration to
positions that involve interaction with minors, access to
sensitive information, or managing financial transactions.
``(B) Compliance with civil rights laws.--The regulations
issued under subparagraph (A) shall--
``(i) be consistent with, and in no way supersede,
restrict, or limit the application of title VII of the
Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) or other
relevant Federal civil rights laws; and
``(ii) ensure that all hiring activities conducted
pursuant to the regulations are conducted in a manner
consistent with relevant Federal civil rights laws.
``Sec. 9203. Agency policies; complaint procedures
``The Director of the Office of Personnel Management shall--
``(1) develop, implement, and publish a policy to assist
employees of agencies in complying with section 9202 and the
regulations issued pursuant to such section; and
``(2) establish and publish procedures under which an applicant
for an appointment to a position in the civil service may submit a
complaint, or any other information, relating to compliance by an
employee of an agency with section 9202.
``Sec. 9204. Adverse action
``(a) First Violation.--If the Director of the Office of Personnel
Management determines, after notice and an opportunity for a hearing on
the record, that an employee of an agency has violated section 9202,
the Director shall--
``(1) issue to the employee a written warning that includes a
description of the violation and the additional penalties that may
apply for subsequent violations; and
``(2) file such warning in the employee's official personnel
record file.
``(b) Subsequent Violations.--If the Director of the Office of
Personnel Management determines, after notice and an opportunity for a
hearing on the record, that an employee that was subject to subsection
(a) has committed a subsequent violation of section 9202, the Director
may take the following action:
``(1) For a second violation, suspension of the employee for a
period of not more than 7 days.
``(2) For a third violation, suspension of the employee for a
period of more than 7 days.
``(3) For a fourth violation--
``(A) suspension of the employee for a period of more than
7 days; and
``(B) a civil penalty against the employee in an amount
that is not more than $250.
``(4) For a fifth violation--
``(A) suspension of the employee for a period of more than
7 days; and
``(B) a civil penalty against the employee in an amount
that is not more than $500.
``(5) For any subsequent violation--
``(A) suspension of the employee for a period of more than
7 days; and
``(B) a civil penalty against the employee in an amount
that is not more than $1,000.
``Sec. 9205. Procedures
``(a) Appeals.--The Director of the Office of Personnel Management
shall by rule establish procedures providing for an appeal from any
adverse action taken under section 9204 by not later than 30 days after
the date of the action.
``(b) Applicability of Other Laws.--An adverse action taken under
section 9204 (including a determination in an appeal from such an
action under subsection (a) of this section) shall not be subject to--
``(1) the procedures under chapter 75; or
``(2) except as provided in subsection (a) of this section,
appeal or judicial review.
``Sec. 9206. Rules of construction
``Nothing in this chapter may be construed to--
``(1) authorize any officer or employee of an agency to request
the disclosure of information described under subparagraphs (B) and
(C) of section 9201(4); or
``(2) create a private right of action for any person.''.
(b) Regulations; Effective Date.--
(1) Regulations.--Not later than 1 year after the date of
enactment of this subtitle, the Director of the Office of Personnel
Management shall issue such regulations as are necessary to carry
out chapter 92 of title 5, United States Code (as added by this
subtitle).
(2) Effective date.--Section 9202 of title 5, United States
Code (as added by this subtitle), shall take effect on the date
that is 2 years after the date of enactment of this subtitle.
(c) Technical and Conforming Amendment.--The table of chapters for
part III of title 5, United States Code, is amended by inserting after
the item relating to chapter 91 the following:
``92. Prohibition on criminal history inquiries prior to
conditional offer................................................9201''.
(d) Application to Legislative Branch.--
(1) In general.--The Congressional Accountability Act of 1995
(2 U.S.C. 1301 et seq.) is amended--
(A) in section 102(a) (2 U.S.C. 1302(a)), by adding at the
end the following:
``(12) Section 9202 of title 5, United States Code.'';
(B) by redesignating section 207 (2 U.S.C. 1317) as section
208; and
(C) by inserting after section 206 (2 U.S.C. 1316) the
following new section:
``SEC. 207. RIGHTS AND PROTECTIONS RELATING TO CRIMINAL HISTORY
INQUIRIES.
``(a) Definitions.--In this section, the terms `agency', `criminal
history record information', and `suspension' have the meanings given
the terms in section 9201 of title 5, United States Code, except as
otherwise modified by this section.
``(b) Restrictions on Criminal History Inquiries.--
``(1) In general.--
``(A) In general.--Except as provided in subparagraph (B),
an employee of an employing office may not request that an
applicant for employment as a covered employee disclose
criminal history record information if the request would be
prohibited under section 9202 of title 5, United States Code,
if made by an employee of an agency.
``(B) Conditional offer.--For purposes of applying that
section 9202 under subparagraph (A), a reference in that
section 9202 to a conditional offer shall be considered to be
an offer of employment as a covered employee that is
conditioned upon the results of a criminal history inquiry.
``(2) Rules of construction.--The provisions of section 9206 of
title 5, United States Code, shall apply to employing offices,
consistent with regulations issued under subsection (d).
``(c) Remedy.--
``(1) In general.--The remedy for a violation of subsection
(b)(1) shall be such remedy as would be appropriate if awarded
under section 9204 of title 5, United States Code, if the violation
had been committed by an employee of an agency, consistent with
regulations issued under subsection (d), except that the reference
in that section to a suspension shall be considered to be a
suspension with the level of compensation provided for a covered
employee who is taking unpaid leave under section 202.
``(2) Process for obtaining relief.--An applicant for
employment as a covered employee who alleges a violation of
subsection (b)(1) may rely on the provisions of title IV (other
than section 407 or 408, or a provision of this title that permits
a person to obtain a civil action or judicial review), consistent
with regulations issued under subsection (d).
``(d) Regulations To Implement Section.--
``(1) In general.--Not later than 18 months after the date of
enactment of the Fair Chance to Compete for Jobs Act of 2019, the
Board shall, pursuant to section 304, issue regulations to
implement this section.
``(2) Parallel with agency regulations.--The regulations issued
under paragraph (1) shall be the same as substantive regulations
issued by the Director of the Office of Personnel Management under
section 2(b)(1) of the Fair Chance to Compete for Jobs Act of 2019
to implement the statutory provisions referred to in subsections
(a) through (c) except to the extent that the Board may determine,
for good cause shown and stated together with the regulation, that
a modification of such regulations would be more effective for the
implementation of the rights and protections under this section.
``(e) Effective Date.--Section 102(a)(12) and subsections (a)
through (c) shall take effect on the date on which section 9202 of
title 5, United States Code, applies with respect to agencies.''.
(2) Clerical amendments.--
(A) The table of contents in section 1(b) of the
Congressional Accountability Act of 1995 (Public Law 104-1; 109
Stat. 3) is amended--
(i) by redesignating the item relating to section 207
as the item relating to section 208; and
(ii) by inserting after the item relating to section
206 the following new item:
``Sec. 207. Rights and protections relating to criminal history
inquiries.''.
(B) Section 62(e)(2) of the Internal Revenue Code of 1986
is amended by striking ``or 207'' and inserting ``207, or
208''.
(e) Application to Judicial Branch.--Section 604 of title 28,
United States Code, is amended by adding at the end the following:
``(i) Restrictions on Criminal History Inquiries.--
``(1) Definitions.--In this subsection--
``(A) the terms `agency' and `criminal history record
information' have the meanings given those terms in section
9201 of title 5;
``(B) the term `covered employee' means an employee of the
judicial branch of the United States Government, other than--
``(i) any judge or justice who is entitled to hold
office during good behavior;
``(ii) a United States magistrate judge; or
``(iii) a bankruptcy judge; and
``(C) the term `employing office' means any office or
entity of the judicial branch of the United States Government
that employs covered employees.
``(2) Restriction.--A covered employee may not request that an
applicant for employment as a covered employee disclose criminal
history record information if the request would be prohibited under
section 9202 of title 5 if made by an employee of an agency.
``(3) Employing office policies; complaint procedure.--The
provisions of sections 9203 and 9206 of title 5 shall apply to
employing offices and to applicants for employment as covered
employees, consistent with regulations issued by the Director to
implement this subsection.
``(4) Adverse action.--
``(A) Adverse action.--The Director may take such adverse
action with respect to a covered employee who violates
paragraph (2) as would be appropriate under section 9204 of
title 5 if the violation had been committed by an employee of
an agency.
``(B) Appeals.--The Director shall by rule establish
procedures providing for an appeal from any adverse action
taken under subparagraph (A) by not later than 30 days after
the date of the action.
``(C) Applicability of other laws.--Except as provided in
subparagraph (B), an adverse action taken under subparagraph
(A) (including a determination in an appeal from such an action
under subparagraph (B)) shall not be subject to appeal or
judicial review.
``(5) Regulations to be issued.--
``(A) In general.--Not later than 18 months after the date
of enactment of the Fair Chance to Compete for Jobs Act of
2019, the Director shall issue regulations to implement this
subsection.
``(B) Parallel with agency regulations.--The regulations
issued under subparagraph (A) shall be the same as substantive
regulations promulgated by the Director of the Office of
Personnel Management under section 2(b)(1) of the Fair Chance
to Compete for Jobs Act of 2019 except to the extent that the
Director of the Administrative Office of the United States
Courts may determine, for good cause shown and stated together
with the regulation, that a modification of such regulations
would be more effective for the implementation of the rights
and protections under this subsection.
``(6) Effective date.--Paragraphs (1) through (4) shall take
effect on the date on which section 9202 of title 5 applies with
respect to agencies.''.
SEC. 1123. PROHIBITION ON CRIMINAL HISTORY INQUIRIES BY CONTRACTORS
PRIOR TO CONDITIONAL OFFER.
(a) Civilian Agency Contracts.--
(1) In general.--Chapter 47 of title 41, United States Code, is
amended by adding at the end the following new section:
``Sec. 4714. Prohibition on criminal history inquiries by contractors
prior to conditional offer
``(a) Limitation on Criminal History Inquiries.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), an executive agency--
``(A) may not require that an individual or sole proprietor
who submits a bid for a contract to disclose criminal history
record information regarding that individual or sole proprietor
before determining the apparent awardee; and
``(B) shall require, as a condition of receiving a Federal
contract and receiving payments under such contract that the
contractor may not verbally, or through written form, request
the disclosure of criminal history record information regarding
an applicant for a position related to work under such contract
before the contractor extends a conditional offer to the
applicant.
``(2) Otherwise required by law.--The prohibition under
paragraph (1) does not apply with respect to a contract if
consideration of criminal history record information prior to a
conditional offer with respect to the position is otherwise
required by law.
``(3) Exception for certain positions.--
``(A) In general.--The prohibition under paragraph (1) does
not apply with respect to--
``(i) a contract that requires an individual hired
under the contract to access classified information or to
have sensitive law enforcement or national security duties;
or
``(ii) a position that the Administrator of General
Services identifies under the regulations issued under
subparagraph (B).
``(B) Regulations.--
``(i) Issuance.--Not later than 16 months after the
date of enactment of the Fair Chance to Compete for Jobs
Act of 2019, the Administrator of General Services, in
consultation with the Secretary of Defense, shall issue
regulations identifying additional positions with respect
to which the prohibition under paragraph (1) shall not
apply, giving due consideration to positions that involve
interaction with minors, access to sensitive information,
or managing financial transactions.
``(ii) Compliance with civil rights laws.--The
regulations issued under clause (i) shall--
``(I) be consistent with, and in no way supersede,
restrict, or limit the application of title VII of the
Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) or
other relevant Federal civil rights laws; and
``(II) ensure that all hiring activities conducted
pursuant to the regulations are conducted in a manner
consistent with relevant Federal civil rights laws.
``(b) Complaint Procedures.--The Administrator of General Services
shall establish and publish procedures under which an applicant for a
position with a Federal contractor may submit to the Administrator a
complaint, or any other information, relating to compliance by the
contractor with subsection (a)(1)(B).
``(c) Action for Violations of Prohibition on Criminal History
Inquiries.--
``(1) First violation.--If the head of an executive agency
determines that a contractor has violated subsection (a)(1)(B),
such head shall--
``(A) notify the contractor;
``(B) provide 30 days after such notification for the
contractor to appeal the determination; and
``(C) issue a written warning to the contractor that
includes a description of the violation and the additional
remedies that may apply for subsequent violations.
``(2) Subsequent violation.--If the head of an executive agency
determines that a contractor that was subject to paragraph (1) has
committed a subsequent violation of subsection (a)(1)(B), such head
shall notify the contractor, shall provide 30 days after such
notification for the contractor to appeal the determination, and,
in consultation with the relevant Federal agencies, may take
actions, depending on the severity of the infraction and the
contractor's history of violations, including--
``(A) providing written guidance to the contractor that the
contractor's eligibility for contracts requires compliance with
this section;
``(B) requiring that the contractor respond within 30 days
affirming that the contractor is taking steps to comply with
this section; and
``(C) suspending payment under the contract for which the
applicant was being considered until the contractor
demonstrates compliance with this section.
``(d) Definitions.--In this section:
``(1) Conditional offer.--The term `conditional offer' means an
offer of employment for a position related to work under a contract
that is conditioned upon the results of a criminal history inquiry.
``(2) Criminal history record information.--The term `criminal
history record information' has the meaning given that term in
section 9201 of title 5.''.
(2) Clerical amendment.--The table of sections for chapter 47
of title 41, United States Code, is amended by adding at the end
the following new item:
``4714. Prohibition on criminal history inquiries by contractors prior
to conditional offer.''.
(3) Effective date.--Section 4714 of title 41, United States
Code, as added by paragraph (1), shall apply with respect to
contracts awarded pursuant to solicitations issued after the
effective date described in section 1122(b)(2) of this subtitle.
(b) Defense Contracts.--
(1) In general.--Chapter 137 of title 10, United States Code,
is amended by inserting after section 2338 the following new
section:
``Sec. 2339. Prohibition on criminal history inquiries by contractors
prior to conditional offer
``(a) Limitation on Criminal History Inquiries.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), the head of an agency--
``(A) may not require that an individual or sole proprietor
who submits a bid for a contract to disclose criminal history
record information regarding that individual or sole proprietor
before determining the apparent awardee; and
``(B) shall require as a condition of receiving a Federal
contract and receiving payments under such contract that the
contractor may not verbally or through written form request the
disclosure of criminal history record information regarding an
applicant for a position related to work under such contract
before such contractor extends a conditional offer to the
applicant.
``(2) Otherwise required by law.--The prohibition under
paragraph (1) does not apply with respect to a contract if
consideration of criminal history record information prior to a
conditional offer with respect to the position is otherwise
required by law.
``(3) Exception for certain positions.--
``(A) In general.--The prohibition under paragraph (1) does
not apply with respect to--
``(i) a contract that requires an individual hired
under the contract to access classified information or to
have sensitive law enforcement or national security duties;
or
``(ii) a position that the Secretary of Defense
identifies under the regulations issued under subparagraph
(B).
``(B) Regulations.--
``(i) Issuance.--Not later than 16 months after the
date of enactment of the Fair Chance to Compete for Jobs
Act of 2019, the Secretary of Defense, in consultation with
the Administrator of General Services, shall issue
regulations identifying additional positions with respect
to which the prohibition under paragraph (1) shall not
apply, giving due consideration to positions that involve
interaction with minors, access to sensitive information,
or managing financial transactions.
``(ii) Compliance with civil rights laws.--The
regulations issued under clause (i) shall--
``(I) be consistent with, and in no way supersede,
restrict, or limit the application of title VII of the
Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) or
other relevant Federal civil rights laws; and
``(II) ensure that all hiring activities conducted
pursuant to the regulations are conducted in a manner
consistent with relevant Federal civil rights laws.
``(b) Complaint Procedures.--The Secretary of Defense shall
establish and publish procedures under which an applicant for a
position with a Department of Defense contractor may submit a
complaint, or any other information, relating to compliance by the
contractor with subsection (a)(1)(B).
``(c) Action for Violations of Prohibition on Criminal History
Inquiries.--
``(1) First violation.--If the Secretary of Defense determines
that a contractor has violated subsection (a)(1)(B), the Secretary
shall--
``(A) notify the contractor;
``(B) provide 30 days after such notification for the
contractor to appeal the determination; and
``(C) issue a written warning to the contractor that
includes a description of the violation and the additional
remedies that may apply for subsequent violations.
``(2) Subsequent violations.--If the Secretary of Defense
determines that a contractor that was subject to paragraph (1) has
committed a subsequent violation of subsection (a)(1)(B), the
Secretary shall notify the contractor, shall provide 30 days after
such notification for the contractor to appeal the determination,
and, in consultation with the relevant Federal agencies, may take
actions, depending on the severity of the infraction and the
contractor's history of violations, including--
``(A) providing written guidance to the contractor that the
contractor's eligibility for contracts requires compliance with
this section;
``(B) requiring that the contractor respond within 30 days
affirming that the contractor is taking steps to comply with
this section; and
``(C) suspending payment under the contract for which the
applicant was being considered until the contractor
demonstrates compliance with this section.
``(d) Definitions.--In this section:
``(1) Conditional offer.--The term `conditional offer' means an
offer of employment for a position related to work under a contract
that is conditioned upon the results of a criminal history inquiry.
``(2) Criminal history record information.--The term `criminal
history record information' has the meaning given that term in
section 9201 of title 5.''.
(2) Effective date.--Section 2339(a) of title 10, United States
Code, as added by paragraph (1), shall apply with respect to
contracts awarded pursuant to solicitations issued after the
effective date described in section 1122(b)(2) of this subtitle.
(3) Clerical amendment.--The table of sections for chapter 137
of title 10, United States Code, is amended by inserting after the
item relating to section 2338 the following new item:
``2339. Prohibition on criminal history inquiries by contractors prior
to conditional offer.''.
(c) Revisions to Federal Acquisition Regulation.--
(1) In general.--Not later than 18 months after the date of
enactment of this subtitle, the Federal Acquisition Regulatory
Council shall revise the Federal Acquisition Regulation to
implement section 4714 of title 41, United States Code, and section
2339 of title 10, United States Code, as added by this section.
(2) Consistency with office of personnel management
regulations.--The Federal Acquisition Regulatory Council shall
revise the Federal Acquisition Regulation under paragraph (1) to be
consistent with the regulations issued by the Director of the
Office of Personnel Management under section 1122(b)(1) to the
maximum extent practicable. The Council shall include together with
such revision an explanation of any substantive modification of the
Office of Personnel Management regulations, including an
explanation of how such modification will more effectively
implement the rights and protections under this section.
SEC. 1124. REPORT ON EMPLOYMENT OF INDIVIDUALS FORMERLY INCARCERATED IN
FEDERAL PRISONS.
(a) Definition.--In this section, the term ``covered individual''--
(1) means an individual who has completed a term of
imprisonment in a Federal prison for a Federal criminal offense;
and
(2) does not include an alien who is or will be removed from
the United States for a violation of the immigration laws (as such
term is defined in section 101 of the Immigration and Nationality
Act (8 U.S.C. 1101)).
(b) Study and Report Required.--The Director of the Bureau of
Justice Statistics, in coordination with the Director of the Bureau of
the Census, shall--
(1) not later than 180 days after the date of enactment of this
subtitle, design and initiate a study on the employment of covered
individuals after their release from Federal prison, including by
collecting--
(A) demographic data on covered individuals, including
race, age, and sex; and
(B) data on employment and earnings of covered individuals
who are denied employment, including the reasons for the
denials; and
(2) not later than 2 years after the date of enactment of this
subtitle, and every 5 years thereafter, submit a report that does
not include any personally identifiable information on the study
conducted under paragraph (1) to--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(C) the Committee on Oversight and Reform of the House of
Representatives; and
(D) the Committee on Education and Labor of the House of
Representatives.
Subtitle C--ATC Hiring Reform
SEC. 1131. SHORT TITLE; DEFINITION.
(a) Short Title.--This subtitle may be cited as the ``ATC Hiring
Reform Act''.
(b) Definition of Appropriate Committees of Congress.--In this
subtitle, the term ``appropriate committees of Congress'' means--
(1) the Committee on Oversight and Reform of the House of
Representatives;
(2) the Committee on Transportation and Infrastructure of the
House of Representatives;
(3) the Committee on Homeland Security and Governmental Affairs
of the Senate; and
(4) the Committee on Commerce, Science, and Transportation of
the Senate.
SEC. 1132. HIRING OF AIR TRAFFIC CONTROL SPECIALISTS.
Section 44506(f)(1)(B)(i) of title 49, United States Code, is
amended by striking ``referring'' and all that follows through ``10
percent.'' and inserting ``giving further preferential consideration,
within each qualification category based upon pre-employment testing
results (including application of veterans' preference as required
under section 40122(g)(2)(B)), to pool 1 applicants described in clause
(ii) before pool 2 applicants described in clause (iii).''.
SEC. 1133. ENSURING HIRING PREFERENCE FOR APPLICANTS WITH EXPERIENCE AT
AN AIR TRAFFIC CONTROL FACILITY OF THE NATIONAL GUARD.
Section 44506(f)(1)(A)(ii) of title 49, United States Code, is
amended by inserting ``(including a facility of the National Guard)''
after ``Department of Defense''.
SEC. 1134. FAA REPORTS ON AIR TRAFFIC CONTROLLER HIRING AND TRAINING.
(a) Reports to Congress.--Not later than September 30 of 2020,
2021, 2022, and 2023, the Administrator of the Federal Aviation
Administration shall submit to the appropriate committees of Congress a
report regarding the hiring and training of air traffic controllers.
(b) Contents.--Each report under subsection (a) shall include the
following information:
(1) The number of applicants, from each hiring pool (by vacancy
announcement beginning with vacancy announcement FAA-ATO-19-
ALLSRCE-61676 (issued on June 14, 2019)) who have done the
following:
(A) Applied for the position of air traffic controller.
(B) Been issued a tentative offer letter for the position
of air traffic controller.
(C) Been issued a firm offer letter for the position of air
traffic controller.
(D) Been hired for the position of air traffic controller.
(E) Reported to the FAA Academy for initial qualification
training.
(F) Successfully passed Air Traffic Basics training at the
FAA Academy.
(G) Successfully passed Terminal initial training at the
FAA Academy.
(H) Successfully passed En Route initial training at the
FAA Academy.
(2) The average cost of training per individual for each such
hiring pool for the following:
(A) Air Traffic Basics training at the FAA Academy.
(B) Terminal initial training at the FAA Academy.
(C) En Route initial training at the FAA Academy.
(3) The FAA Academy attrition rate for each such hiring pool.
(4) The number of applicants, from each such hiring pool, who
have successfully completed qualification training at their first
FAA facility and the number who are still in training at their
first facility.
(5) Other information determined appropriate by the
Administrator of the Federal Aviation Administration.
SEC. 1135. DOT INSPECTOR GENERAL REVIEW AND REPORT.
(a) Review.--
(1) In general.--The Inspector General of the Department of
Transportation (in this section referred to as the ``Inspector
General'') shall conduct a review that assesses the assumptions and
methodologies used to develop the air traffic controller pre-
employment test. Such review shall include--
(A) what job-relevant aptitudes are measured by the air
traffic controller pre-employment test and to what extent such
aptitudes are tested;
(B) the scoring methodology for the air traffic controller
pre-employment test, including an assessment of whether such
methodology is applied uniformly for all classes of applicants;
(C) whether the air traffic controller pre-employment test
incorporates any biographical questionnaire or assessment other
than basic identifiers, such as name and questions that assess
personal characteristics, and the extent to which such
biographical assumptions are relied upon to assess air traffic
controller applicants;
(D) the effectiveness of the pre-employment test, mental
health screening, and any other applicable pre-employment
assessment to determine whether an applicant possesses the
skills necessary to perform the duties of a controller; and
(E) ways to improve the pre-employment test and other
applicable pre-employment assessments as the Inspector General
determines appropriate.
(2) Start date.--The Inspector General shall initiate the
review under paragraph (1) by not later than 90 days after the date
of enactment of this Act.
(b) Report.--Not later than 180 days after the date the Inspector
General initiates the review under subsection (a), the Inspector
General shall submit to the appropriate committees of Congress a report
on such review.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Modification of authority to build capacity of foreign
security forces.
Sec. 1202. Modification and extension of cross servicing agreements for
loan of personnel protection and personnel survivability
equipment in coalition operations.
Sec. 1203. Modifications of authorities relating to acquisition and
cross-servicing agreements.
Sec. 1204. Modification of quarterly report on obligation and
expenditure of funds for security cooperation programs and
activities.
Sec. 1205. Gender perspectives and participation by women in security
cooperation activities.
Sec. 1206. Plan to provide consistency of administration of authorities
relating to vetting of units of security forces of foreign
countries; modification of assessment, monitoring, and
evaluation of security cooperation programs and activities.
Sec. 1207. Extension of authority for support of special operations for
irregular warfare.
Sec. 1208. Extension and modification of Commanders' Emergency Response
Program and elimination of certain payments to redress injury
and loss.
Sec. 1209. Two-year extension of program authority for Global Security
Contingency Fund.
Sec. 1210. Legal institutional capacity building initiative for foreign
defense institutions.
Sec. 1210A. Department of Defense support for stabilization activities
in national security interest of the United States.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1211. Extension of authority to transfer defense articles and
provide defense services to the military and security forces
of Afghanistan.
Sec. 1212. Extension and modification of authority to acquire products
and services produced in countries along a major route of
supply to Afghanistan.
Sec. 1213. Authority for certain payments to redress injury and loss.
Sec. 1214. Extension and modification of semiannual report on enhancing
security and stability in Afghanistan.
Sec. 1215. Special Immigrant Visa program reporting requirement.
Sec. 1216. Meaningful inclusion of Afghan women in peace negotiations.
Sec. 1217. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1218. Support for reconciliation activities led by the Government
of Afghanistan.
Sec. 1219. Modification and extension of the Afghan Special Immigrant
Visa Program.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1221. Modification of authority and limitation on use of funds to
provide assistance to counter the Islamic State of Iraq and
Syria.
Sec. 1222. Extension and modification of authority to provide assistance
to vetted Syrian groups and individuals.
Sec. 1223. Modification of authority to support operations and
activities of the Office of Security Cooperation in Iraq.
Sec. 1224. Establishing a coordinator for detained ISIS members and
relevant displaced populations in Syria.
Sec. 1225. Report on lessons learned from efforts to liberate Mosul and
Raqqah from control of the Islamic State of Iraq and Syria.
Sec. 1226. Expansion of availability of financial assets of Iran to
victims of terrorism.
Sec. 1227. Report on the status of deconfliction channels with Iran.
Sec. 1228. Prohibition on provision of weapons and other forms of
support to certain organizations.
Subtitle D--Matters Relating to the Russian Federation
Sec. 1231. Extension of limitation on military cooperation between the
United States and Russia.
Sec. 1232. Prohibition on availability of funds relating to sovereignty
of Russia over Crimea.
Sec. 1233. Sense of Congress on updating and modernizing existing
agreements to avert miscalculation between the United States
and Russia.
Sec. 1234. United States participation in Open Skies Treaty.
Sec. 1235. Modifications of briefing, notification, and reporting
requirements relating to non-compliance by the Russian
Federation with its obligations under the INF Treaty.
Sec. 1236. Report on treaties relating to nuclear arms control.
Sec. 1237. Reports relating to the New START Treaty.
Sec. 1238. Report on military activities of the Russian Federation and
the People's Republic of China in the Arctic region.
Sec. 1239. Updated strategy to counter the threat of malign influence by
the Russian Federation and other countries.
Subtitle E--Matters Relating to Europe and NATO
Sec. 1241. Sense of Congress on support for the North Atlantic Treaty
Organization.
Sec. 1242. Prohibition on the use of funds to suspend, terminate, or
provide notice of denunciation of the North Atlantic Treaty.
Sec. 1243. Future years plans and planning transparency for the European
Deterrence Initiative.
Sec. 1244. Modification and extension of Ukraine Security Assistance
Initiative.
Sec. 1245. Limitation on transfer of F-35 aircraft to Turkey.
Sec. 1246. Baltic defense assessment; extension and modification of
security assistance for Baltic countries for joint program for
interoperability and deterrence against aggression.
Sec. 1247. Extension of authority for and report on training for Eastern
European national security forces in the course of
multilateral exercises.
Sec. 1248. Extension and modification of NATO Special Operations
Headquarters.
Sec. 1249. North Atlantic Treaty Organization Joint Force Command.
Sec. 1250. Report on North Atlantic Treaty Organization Readiness
Initiative.
Sec. 1250A. Repeal of prohibition on transfer of articles on the United
States munitions list to the Republic of Cyprus.
Subtitle F--Matters Relating to the Indo-Pacific Region
Sec. 1251. Modification of Indo-Pacific Maritime Security Initiative.
Sec. 1252. Expansion of Indo-Pacific Maritime Security Initiative and
limitation on use of funds.
Sec. 1253. Report on resourcing United States defense requirements for
the Indo-Pacific region and study on competitive strategies.
Sec. 1254. 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. 1255. Report on direct, indirect, and burden-sharing contributions
of Japan and South Korea.
Sec. 1256. Sense of Congress on security commitments to the Governments
of Japan and the Republic of Korea and trilateral cooperation
among the United States, Japan, and the Republic of Korea.
Sec. 1257. Sense of Congress on North Korea.
Sec. 1258. Statement of policy and sense of Congress on, and strategy to
fulfill obligations under, Mutual Defense Treaty with the
Republic of the Philippines.
Sec. 1259. Report on security cooperation with the Philippine National
Police.
Sec. 1260. Modification of annual report on military and security
developments involving the People's Republic of China.
Sec. 1260A. Report on foreign military activities in Pacific Island
countries.
Sec. 1260B. Report on cybersecurity activities with Taiwan.
Sec. 1260C. Review and report related to the Taiwan Relations Act.
Sec. 1260D. Sense of Congress on enhancement of the United States-Taiwan
defense relationship.
Sec. 1260E. Chinese foreign direct investment in countries of the Arctic
region.
Sec. 1260F. Sense of Congress on policy toward Hong Kong.
Sec. 1260G. Sense of Congress on enhancing defense and security
cooperation with the Republic of Singapore.
Sec. 1260H. Authority to transfer funds for Bien Hoa dioxin cleanup.
Sec. 1260I. Limitation on removal of Huawei Technologies Co. Ltd. from
entity list of Bureau of Industry and Security.
Sec. 1260J. Report on ZTE compliance with Superseding Settlement
Agreement and Superseding Order.
Sec. 1260K. Report on the lay-down of United States Marines in the Indo-
Pacific Region.
Subtitle G--Other Matters
Sec. 1261. Modification to report on legal and policy frameworks for the
use of military force.
Sec. 1262. Independent review of sufficiency of resources available to
United States Southern Command and United States Africa
Command.
Sec. 1263. United States Central Command posture assessment and review.
Sec. 1264. Limitation on production of nuclear proliferation assessment
statements.
Sec. 1265. Western Hemisphere resource assessment.
Sec. 1266. Human rights in Brazil.
Sec. 1267. Certification relating to assistance for Guatemala.
Sec. 1268. Independent analysis of human rights situation in Honduras.
Sec. 1269. Briefing on strategy to improve the efforts of the Nigerian
military to prevent, mitigate, and respond to civilian harm.
Sec. 1270. Report on implications of Chinese military presence in
Djibouti.
Sec. 1271. Rule of construction on the permanent stationing of United
States Armed Forces in Somalia.
Sec. 1272. Defense and diplomatic strategy for Libya.
Sec. 1273. Prohibition on in-flight refueling to non-United States
aircraft that engage in hostilities in the ongoing civil war
in Yemen.
Sec. 1274. Report on Saudi-led coalition strikes in Yemen.
Sec. 1275. Reports on expenses incurred for in-flight refueling of Saudi
coalition aircraft conducting missions relating to civil war
in Yemen.
Sec. 1276. Report on Saudi Arabia's human rights record.
Sec. 1277. Report on intelligence community assessment relating to the
killing of Washington Post columnist Jamal Khashoggi.
Sec. 1278. United States-Israel cooperation to counter unmanned aerial
systems.
Sec. 1279. Extension and modification of authority for United States-
Israel anti-tunnel cooperation activities.
Sec. 1280. Report on cost imposition strategy.
Sec. 1281. Modification of initiative to support protection of national
security academic researchers from undue influence and other
security threats.
Sec. 1282. Modification of responsibility for policy on civilian
casualty matters.
Sec. 1283. Report on export of certain satellites to entities with
certain beneficial ownership structures.
Sec. 1284. Rule of construction relating to the use of military force.
Sec. 1285. Reports and briefings on use of military force and support of
partner forces.
Subtitle A--Assistance and Training
SEC. 1201. MODIFICATION OF AUTHORITY TO BUILD CAPACITY OF FOREIGN
SECURITY FORCES.
(a) Authority.--Subsection (a)(7) of section 333 of title 10,
United States Code, is amended by inserting ``existing'' before
``international coalition operation''.
(b) Notice and Wait on Activities Under Programs.--Subsection (e)
of such section is amended by adding at the end the following:
``(9) In the case of a program described in subsection (a),
each of the following:
``(A) A description of whether assistance under the program
could be provided pursuant to other authorities under this
title, the Foreign Assistance Act of 1961, or any other train
and equip authorities of the Department of Defense.
``(B) An identification of each such authority described in
subparagraph (A).''.
SEC. 1202. MODIFICATION AND EXTENSION OF CROSS SERVICING AGREEMENTS FOR
LOAN OF PERSONNEL PROTECTION AND PERSONNEL SURVIVABILITY EQUIPMENT IN
COALITION OPERATIONS.
Section 1207 of the Carl Levin and Howard P. ``Buck'' Mckeon
National Defense Authorization Act for Fiscal Year 2015 (10 U.S.C. 2342
note) is amended--
(1) by redesignating subsections (d) and (e) as subsections (e)
and (f), respectively;
(2) by inserting after subsection (c) the following:
``(d) Reports to Congress.--If the authority provided under this
section is exercised during a fiscal year, the Secretary of Defense
shall, with the concurrence of the Secretary of State, submit to the
appropriate committees of Congress a report on the exercise of such
authority by not later than October 30 of the year in which such fiscal
year ends. Each report on the exercise of such authority shall specify
the recipient country of the equipment loaned, the type of equipment
loaned, and the duration of the loan of such equipment.''; and
(3) in subsection (f), as redesignated, by striking ``September
30, 2019'' and inserting ``December 31, 2024''.
SEC. 1203. MODIFICATIONS OF AUTHORITIES RELATING TO ACQUISITION AND
CROSS-SERVICING AGREEMENTS.
(a) Designation and Notice of Intent to Enter Into Agreement With
Non-NATO Country.--Subsection (b) of section 2342 of title 10, United
States Code, is amended to read as follows:
``(b)(1) The Secretary of Defense may not designate a country for
an agreement under this section unless--
``(A) the Secretary, after consultation with the Secretary of
State, determines that the designation of such country for such
purpose is in the interest of the national security of the United
States; and
``(B) in the case of a country that is not a member of the
North Atlantic Treaty Organization, the Secretary submits to the
appropriate committees of Congress notice of the intended
designation not less than 30 days before the date on which such
country is designated by the Secretary under subsection (a).
``(2) In the case of a country that is not a member of the North
Atlantic Treaty Organization, the Secretary of Defense may not enter
into an agreement under this section unless the Secretary submits to
the appropriate committees of Congress a notice of intent to enter into
such an agreement not less than 30 days before the date on which the
Secretary enters into the agreement.''.
(b) Oversight Responsibilities.--Such section is further amended--
(1) by redesignating subsections (f) through (h) as subsections
(g) through (i), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Not later than 30 days after the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2020, the Secretary
of Defense shall designate an existing senior civilian or military
official who shall have primary responsibility for--
``(1) accounting for logistic support, supplies, and services
received or provided under acquisition and cross-servicing
agreements;
``(2) ensuring consistent standards and guidance to the armed
forces and combatant commands in executing acquisition and cross-
servicing agreements;
``(3) overseeing and monitoring the implementation of
acquisition and cross-servicing agreements in coordination with the
Under Secretary of Defense for Policy; and
``(4) such other responsibilities as may be prescribed by the
Secretary.''.
(c) Regulations.--Subsection (g) of such section, as redesignated
by subsection (b)(1), is amended to read as follows:
``(g)(1) Not later than 90 days after the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2020, the
Secretary of Defense shall prescribe regulations to ensure that--
``(A) contracts entered into under this subchapter are free
from self-dealing, bribery, and conflict of interests;
``(B) adequate processes and controls are in place to provide
for the accurate accounting of logistic support, supplies, and
services received or provided under the authority of this
subchapter; and
``(C) personnel responsible for accounting for logistic
support, supplies, and services received or provided under such
authority are fully trained and aware of such responsibilities.
``(2)(A) Not later than 270 days after the issuance of the
regulations under paragraph (1), the Comptroller General of the
United States shall conduct a review of the implementation by the
Secretary of such regulations.
``(B) The review conducted under subparagraph (A) shall--
``(i) assess the effectiveness of such regulations and the
implementation of such regulations to ensure the effective
management and oversight of an agreement under subsection
(a)(1); and
``(ii) include any other matter the Comptroller General
considers relevant.''.
(d) Reports.--Subsection (h) of such section, as redesignated by
subsection (b)(1), is amended--
(1) in paragraph (1), by striking ``in effect'' and inserting
``that have entered into force or were applied provisionally'';
(2) in paragraph (2), by striking ``date on which the
Secretary'' and all that follows through the period at the end and
inserting ``dates on which the Secretary notified Congress--
``(A) pursuant to subsection (b)(1)(B) of the designation
of such country under subsection (a); and
``(B) pursuant to subsection (b)(2) of the intent of the
Secretary to enter into the agreement.'';
(3) by amending paragraph (3) to read as follows:
``(3) The class of supply, total dollar amount, the amount
collected, and the outstanding balance of logistic support,
supplies, and services provided during the preceding fiscal year
under each such agreement.'';
(4) by amending paragraph (4) to read as follows:
``(4) The class of supply, total dollar amount, the amount
collected, and the outstanding balance of logistic support,
supplies, and services received during the preceding fiscal year
under each such agreement.'';
(5) by striking paragraph (5); and
(6) by adding at the end the following new paragraphs:
``(5) With respect to any transaction for logistic support,
supplies, and services that has not been reconciled more than one
year after the date on which the transaction occurred, a
description of the transaction that includes the following:
``(A) The date on which the transaction occurred.
``(B) The country or organization to which logistic
support, supplies, and services were provided.
``(C) The value of the transaction.
``(6) An explanation of any waiver granted under section
2347(c) during the preceding fiscal year, including an
identification of the relevant contingency operation or non-combat
operation.''.
SEC. 1204. MODIFICATION OF QUARTERLY REPORT ON OBLIGATION AND
EXPENDITURE OF FUNDS FOR SECURITY COOPERATION PROGRAMS AND ACTIVITIES.
Section 381(b) of title 10, United States Code, is amended by
striking ``30 days'' and inserting ``60 days''.
SEC. 1205. GENDER PERSPECTIVES AND PARTICIPATION BY WOMEN IN SECURITY
COOPERATION ACTIVITIES.
Consistent with the Women, Peace, and Security Act of 2017 (Public
Law 115-68), the Secretary of Defense, in coordination with the
Secretary of State, should seek to incorporate gender perspectives and
participation by women in security cooperation activities to the
maximum extent practicable.
SEC. 1206. PLAN TO PROVIDE CONSISTENCY OF ADMINISTRATION OF AUTHORITIES
RELATING TO VETTING OF UNITS OF SECURITY FORCES OF FOREIGN COUNTRIES;
MODIFICATION OF ASSESSMENT, MONITORING, AND EVALUATION OF SECURITY
COOPERATION PROGRAMS AND ACTIVITIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and Secretary of State
shall jointly develop, implement, and submit to the congressional
defense committees, the Committee on Foreign Relations of the Senate,
and the Committee on Foreign Affairs of the House of Representatives a
plan to provide consistency in administration of section 362 of title
10, United States Code, and section 620M of the Foreign Assistance Act
of 1961 (22 U.S.C. 2378d).
(b) Matters to Be Included.--The plan required by subsection (a)
shall contain the following:
(1) Common standards and procedures which shall be used by the
Department of Defense and Department of State to obtain and verify
information regarding the vetting of units of the security forces
of foreign countries for gross violation of human rights under the
authorities described in subsection (a), including--
(A) public guidelines for external sources to report
information; and
(B) methods and criteria employed by the Department of
Defense and Department of State to determine whether sources,
source reporting, and allegations are credible.
(2) Measures to ensure the Department of Defense has read-only
access to the International Vetting and Security Tracking (INVEST)
system, and any successor or equivalent system.
(3) Measures to ensure the authorities described in subsection
(a) are applied to any foreign forces, irregular forces, groups,
and individuals that receive training, equipment, or other
assistance from the United States military.
(c) Form.--The plan required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(d) Integration of Human Rights and Civilian Protection Into
Assessment, Monitoring, and Evaluation of Security Cooperation Programs
and Activities.--
(1) Reports required.--The Secretary of Defense shall submit to
the appropriate congressional committees an interim report and a
final report on the steps the Secretary will take to incorporate
partner units' activities, as such activities relate to human
rights and protection of civilians, into the program elements
described in section 383(b)(1) of title 10, United States Code.
(2) Deadlines.--
(A) Interim report.--The interim report required under
paragraph (1) shall be submitted to the appropriate
congressional committees not later than 180 days after the date
of the enactment of this Act and shall include a summary of the
progress of the Secretary in implementing the steps described
in such paragraph.
(B) Final report.--The final report required under
paragraph (1) shall be submitted to the appropriate
congressional committees not later than one year after the date
of enactment of this Act and shall specifically identify the
actions the Secretary took to implement the steps described in
paragraph (1).
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees'' means
the following:
(A) The Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
(B) The Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1207. EXTENSION OF AUTHORITY FOR SUPPORT OF SPECIAL OPERATIONS FOR
IRREGULAR WARFARE.
Section 1202(a) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1639) is amended by
striking ``2020'' and inserting ``2023''.
SEC. 1208. EXTENSION AND MODIFICATION OF COMMANDERS' EMERGENCY RESPONSE
PROGRAM AND ELIMINATION OF CERTAIN PAYMENTS TO REDRESS INJURY AND LOSS.
(a) Extension and Modification of Commanders' Emergency Response
Program.--Section 1201 of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1619), as most recently
amended by the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232), is further amended--
(1) in subsection (a)--
(A) by striking ``During the period beginning on October 1,
2016, and ending on December 31, 2019'' and inserting ``During
the period beginning on October 1, 2019, and ending on December
31, 2020''; and
(B) by striking ``$10,000,000'' and inserting
``$2,500,000'';
(2) in subsection (b)(1), by striking ``of fiscal years 2017
through 2019'' and inserting ``for each of fiscal years 2017
through 2020''; and
(3) in subsection (f), in the first sentence, by striking
``during the period beginning on October 1, 2016, and ending on
December 31, 2019'' and inserting ``during the period beginning on
October 1, 2019, and ending on December 31, 2020''.
(b) Elimination of Authority for Certain Payments to Redress Injury
and Loss in Afghanistan, Iraq, Syria, Somalia, Libya, and Yemen.--
Section 1211 of the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114-328; 130 Stat. 2477), as most recently amended by
section 1224(a) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232), is further amended by
striking subsection (b).
SEC. 1209. TWO-YEAR EXTENSION OF PROGRAM AUTHORITY FOR GLOBAL SECURITY
CONTINGENCY FUND.
Section 1207 of the National Defense Authorization Act for Fiscal
Year 2012 (22 U.S.C. 2151 note) is amended--
(1) in subsection (i)--
(A) in paragraph (1), by striking ``September 30, 2019''
and inserting ``September 30, 2021''; and
(B) by amending paragraph (2) to read as follows:
``(2) Exception.--Amounts appropriated and transferred to the
Fund before September 30, 2019, shall remain available for
obligation and expenditure after that date, but only for activities
under programs commenced under subsection (b) before September 30,
2019.''; and
(2) in subsection (o)--
(A) in the first sentence, by striking ``September 30,
2019'' and inserting ``September 30, 2021''; and
(B) in the second sentence, by striking ``through 2019''
and inserting ``through 2021''.
SEC. 1210. LEGAL INSTITUTIONAL CAPACITY BUILDING INITIATIVE FOR FOREIGN
DEFENSE INSTITUTIONS.
(a) Initiative.--The Secretary of Defense may carry out, in
accordance with section 332 of title 10, United States Code, an
initiative of legal institutional capacity building in collaboration
with the appropriate ministry of defense (or security agency serving a
similar defense function) legal institutions that support the efforts
of one or more foreign countries to establish or improve legal
institutional capacity.
(b) Purpose.--The purpose of the initiative under subsection (a) is
to enhance, through advisory services, training, or related training
support services, as appropriate, the legal institutional capacity of
the applicable foreign country to do the following:
(1) Integrate legal matters into the authority, doctrine, and
policies of the ministry of defense (or security agency serving a
similar defense function) and forces of such country.
(2) Provide appropriate legal support to commanders conducting
defense and national security operations.
(3) With respect to defense and national security law,
institutionalize education, training, and professional development
for personnel and forces, including uniformed lawyers, officers,
noncommissioned officers, and civilian lawyers and leadership
within such ministries of defense (and security agencies serving a
similar defense function).
(4) Establish a military justice system that is objective,
transparent, and impartial.
(5) Conduct effective and transparent command and
administrative investigations.
(6) Build the legal capacity of the forces and civilian
personnel of ministries of defense (and security agencies serving a
similar defense function) to provide equitable, transparent, and
accountable institutions and provide for anti-corruption measures
within such institutions.
(7) Build capacity--
(A) to provide for the protection of civilians consistent
with the law of armed conflict and human rights law; and
(B) to investigate incidents of civilian casualties.
(8) Promote understanding and observance of--
(A) the law of armed conflict;
(B) human rights and fundamental freedoms;
(C) the rule of law; and
(D) civilian control of the military.
(9) Establish mechanisms for effective civilian oversight of
defense and national security legal institutions and legal matters.
(c) Elements.--The initiative under subsection (a) shall include
the following elements:
(1) A measure for monitoring the implementation of the
initiative and evaluating the efficiency and effectiveness of the
initiative, in accordance with section 383 of title 10, United
States Code.
(2) An assessment of the organizational weaknesses for legal
institutional capacity building of the applicable foreign country,
including baseline information, an assessment of gaps in the
capability and capacity of the appropriate institutions of such
country, and any other indicator of efficacy, in accordance with
section 383 of title 10, United States Code.
(3) An engagement plan for building legal institutional
capacity that addresses the weaknesses identified under paragraph
(2), including objectives, milestones, and a timeline.
(d) Reports.--
(1) In general.--Beginning in fiscal year 2020 through the
fiscal year in which the initiative under subsection (a)
terminates, the Secretary of Defense shall submit to the
appropriate committees of Congress an annual report on the legal
institutional capacity building activities carried out under this
section.
(2) Integration into other capacity building reports.--The
report submitted under paragraph (1) for a fiscal year shall be
integrated into the report required pursuant to subsection (b)(2)
of section 332 of title 10, United States Code, for the fourth
fiscal year quarter of such fiscal year.
(3) Matters to be included.--Each report submitted under
paragraph (1) shall include the following:
(A) The same information required under subsection (b)(2)
of section 332 of title 10, United States Code.
(B) The names of the one or more countries in which the
initiative was conducted.
(C) For each such country--
(i) the purpose of the initiative;
(ii) the objectives, milestones, and timeline of the
initiative;
(iii) the number and type of advisors assigned and
deployed to the country, as applicable; and
(iv) an assessment of the progress of the
implementation of the initiative.
(e) Sunset.--The initiative under subsection (a) shall terminate on
December 31, 2024.
(f) Funding.--Amounts for programs carried out pursuant to
subsection (a) in a fiscal year, and for other purposes in connection
with such programs as authorized by this section, may be derived only
from amounts authorized to be appropriated for such fiscal year for the
Department of Defense for operation and maintenance, Defense-wide, and
available for the Defense Security Cooperation Agency for such programs
and purposes.
SEC. 1210A. DEPARTMENT OF DEFENSE SUPPORT FOR STABILIZATION ACTIVITIES
IN NATIONAL SECURITY INTEREST OF THE UNITED STATES.
(a) In General.--The Secretary of Defense may, with the concurrence
of the Secretary of State and in consultation with the Administrator of
the United States Agency for International Development, provide support
for the stabilization activities of other Federal agencies specified in
subsection (c)(1).
(b) Designation of Foreign Areas.--
(1) In general.--Amounts authorized to be provided pursuant to
this section shall be available only for support for stabilization
activities--
(A) in a country specified in paragraph (2); and
(B) that the Secretary of Defense, with the concurrence of
the Secretary of State, has determined are in the national
security interest of the United States.
(2) Specified countries.--The countries specified in this
paragraph are as follows:
(A) Iraq.
(B) Syria.
(C) Afghanistan.
(D) Somalia.
(c) Support to Other Agencies.--
(1) In general.--Support may be provided for stabilization
activities under subsection (a) to the Department of State, the
United States Agency for International Development, or other
Federal agencies, on a reimbursable or nonreimbursable basis. The
authority to provide such support under this paragraph on a
reimbursable basis is in addition to other authorities to provide
support on such basis.
(2) Type of support.--Support under subsection (a) may consist
of logistic support, supplies, and services.
(d) Requirement for a Stabilization Strategy.--
(1) Limitation.--With respect to any country specified in
subsection (b)(2), no amount of support may be provided under
subsection (a) until 15 days after the date on which the Secretary
of Defense, with the concurrence of the Secretary of State, submits
to the appropriate committees of Congress a detailed report setting
forth a stabilization strategy for such country.
(2) Elements of strategy.--The stabilization strategy required
by paragraph (1) shall set forth the following:
(A) The United States interests in conducting stabilization
activities in the country specified in subsection (b)(2).
(B) The key foreign partners and actors in such country.
(C) The desired end states and objectives of the United
States stabilization activities in such country.
(D) The Department of Defense support intended to be
provided for the stabilization activities of other Federal
agencies under subsection (a).
(E) Any mechanism for civil-military coordination regarding
support for stabilization activities.
(F) The mechanisms for monitoring and evaluating the
effectiveness of Department of Defense support for United
States stabilization activities in the area.
(e) Implementation in Accordance With Guidance.--Support provided
under subsection (a) shall be implemented in accordance with the
guidance of the Department of Defense entitled ``DoD Directive 3000.05
Stabilization'', dated December 13, 2018 (or successor guidance).
(f) Report.--The Secretary of Defense, with the concurrence of the
Secretary of State, shall submit to the appropriate committees of
Congress on an annual basis a report that includes the following:
(1) The identification of each foreign area within countries
specified in subsection (b)(2) for which support to stabilization
has occurred.
(2) The total amount spent by the Department of Defense, broken
out by recipient Federal agency and activity.
(3) An assessment of the contribution of each activity toward
greater stability.
(4) An articulation of any plans for continued Department of
Defense support to stabilization in the specified foreign area in
order to maintain or improve stability.
(5) Other matters as the Secretary of Defense considers to be
appropriate.
(g) Use of Funds.--
(1) Source of funds.--Amounts for activities carried out under
this section in a fiscal year shall be derived only from amounts
authorized to be appropriated for such fiscal year for the
Department of Defense for Operation and Maintenance, Defense-wide.
(2) Limitation.--Not more than $18,000,000 in each fiscal year
is authorized to be used to provide nonreimbursable support under
this section.
(h) Expiration.--The authority provided under this section may not
be exercised after December 31, 2020.
(i) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
(2) Logistic support, supplies, and services.--The term
``logistic support, supplies, and services'' has the meaning given
the term in section 2350(1) of title 10, United States Code.
Subtitle B--Matters Relating to Afghanistan and Pakistan
SEC. 1211. EXTENSION OF AUTHORITY TO TRANSFER DEFENSE ARTICLES AND
PROVIDE DEFENSE SERVICES TO THE MILITARY AND SECURITY FORCES OF
AFGHANISTAN.
(a) Extension of Authority.--Subsection (h) of section 1222 of the
National Defense Authorization Act for Fiscal Year 2013 (Public Law
112-239; 126 Stat. 1992) is amended by striking ``December 31, 2020''
and inserting ``December 31, 2022''.
(b) Excess Defense Articles.--Subsection (i)(2) of such section is
amended by striking ``December 31, 2020'' each place it appears and
inserting ``December 31, 2022''.
SEC. 1212. EXTENSION AND MODIFICATION OF AUTHORITY TO ACQUIRE PRODUCTS
AND SERVICES PRODUCED IN COUNTRIES ALONG A MAJOR ROUTE OF SUPPLY TO
AFGHANISTAN.
(a) Termination of Authority.--Subsection (f) of section 801 of the
National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2399) is amended by striking ``December 31, 2019''
and inserting ``December 31, 2021''.
(b) Report on Authority.--Such section, as so amended, is further
amended by adding at the end the following:
``(g) Report on Authority.--
``(1) In general.--Not later than March 1, 2020, and March 1,
2021, the Secretary of Defense shall submit to the appropriate
congressional committees a report on the use of the authority
provided in subsection (a). The report shall address, at a minimum,
the following:
``(A) The number of determinations made by the Secretary
pursuant to subsection (b).
``(B) A description of the products and services acquired
using the authority.
``(C) The extent to which the use of the authority has met
the objectives of subparagraph (A), (B), or (C) of subsection
(b)(2).
``(D) A list of the countries providing products or
services as a result of a determination made pursuant to
subsection (b).
``(2) Appropriate congressional committees defined.--For
purposes of this subsection, the term `appropriate congressional
committees' means--
``(A) the congressional defense committees; and
``(B) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.''.
SEC. 1213. AUTHORITY FOR CERTAIN PAYMENTS TO REDRESS INJURY AND LOSS.
(a) Authority.--During the period beginning on the date of the
enactment of this Act and ending on December 31, 2022, not more than
$3,000,000 for each calendar year, to be derived from funds authorized
to be appropriated to the Office of the Secretary of Defense under the
Operation and Maintenance, Defense-wide account, may be made available
for ex gratia payments for damage, personal injury, or death that is
incident to the use of force by the United States Armed Forces, a
coalition that includes the United States, a military organization
supporting the United States, or a military organization supporting the
United States or such coalition.
(b) Conditions on Payment.--An ex gratia payment authorized
pursuant to subsection (a) may be provided only if--
(1) the prospective foreign civilian recipient is determined by
the local military commander to be friendly to the United States;
(2) a claim for damages would not be compensable under chapter
163 of title 10, United States Code (commonly known as the
``Foreign Claims Act'');
(3) the property damage, personal injury, or death was not
caused by action by an enemy;
(4) the claimant suffered property damage, personal injury, or
death that was--
(A) caused by the United States Armed Forces, a coalition
that includes the United States, or a military organization
supporting the United States or such a coalition; and
(B) occurred during an operation carried out by the United
States, such coalition, or such military organization; and
(5) the claimant had no involvement in planning or executing an
attack or other hostile action that gave rise to the use of force
by the United States, such coalition, or such military organization
resulting in such property damage, personal injury, or death.
(c) Nature of Payment.--A payment provided pursuant to the
authority under subsection (a) may not be construed or considered as an
admission or acknowledgment of any legal obligation to provide
compensation for any property damage, personal injury, or death.
(d) Amount of Payments.--If the Secretary of Defense determines a
payment under subsection (a) to be appropriate in a particular setting,
the amounts of payments, if any, to be provided to civilians determined
to have suffered harm incident to the use of force by the United States
Armed Forces under the program should be determined pursuant to
regulations prescribed by the Secretary and based on an assessment,
conducted in consultation with the Secretary of State, that includes
such factors as cultural appropriateness and prevailing economic
conditions. A copy of any regulations so prescribed shall be provided
to the congressional defense committees upon finalization.
(e) Legal Advice.--Local military commanders shall receive legal
advice before making ex gratia payments under this subsection. The
legal advisor, under regulations of the Department of Defense, shall
advise on whether an ex gratia payment is proper under this section and
applicable Department of Defense regulations.
(f) Written Record.--A written record of any ex gratia payment
offered pursuant to the authority under subsection (a), and whether
accepted or denied, shall be kept by the local military commander and
on a timely basis submitted to the appropriate office in the Department
of Defense as determined by the Secretary of Defense.
(g) Quarterly Report.--Not later than 90 days after the date of the
enactment of this Act, and every 90 days thereafter, the Secretary of
Defense shall submit to the congressional defense committees a report
including the following:
(1) With respect to each ex gratia payment made under the
authority in this subsection or any other authority during the
preceding 90-day period, each of the following:
(A) The amount used for such payments and the country with
respect to which each such payment was made.
(B) The manner in which claims for such payments were
verified.
(C) The position of the official who approved the payment.
(D) The manner in which payments are made.
(2) With respect to a preceding 90-day period in which no ex
gratia payments were made--
(A) whether any such payment was refused, along with the
reason for such refusal; or
(B) any other reason for which no such payments were made.
(h) Relation to Other Authorities.--Notwithstanding any other
provision of law, the authority provided by this section shall be
construed as the sole authority available to make ex gratia payments
for property damage, personal injury, or death that is incident to the
use of force by the United States Armed Forces.
SEC. 1214. EXTENSION AND MODIFICATION OF SEMIANNUAL REPORT ON ENHANCING
SECURITY AND STABILITY IN AFGHANISTAN.
(a) Extension.--Paragraph (2) of subsection (a) of section 1225 of
the Carl Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291; 127 Stat.
3550), as most recently amended by section 1215 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat.
1649), is further amended by striking ``December 15, 2020'' and
inserting ``December 15, 2022''.
(b) Form.--Paragraph (3) of such subsection is amended to read as
follows:
``(3) Form.--Each report required under paragraph (1) shall be
submitted in unclassified form without any designation relating to
dissemination control, but may include a classified annex.''.
(c) Modification of Elements.--Subsection (b) of such section 1225,
as amended by section 1215(b) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2480), is further
amended--
(1) in paragraph (1)--
(A) in the paragraph heading, by inserting ``and taking
into account the august 2017 strategy of the united states''
after ``2014'';
(B) by amending subparagraph (A) to read as follows:
``(A) the strategy and objectives of any post-2014 United
States mission, including the 2017 South Asia Strategy of the
United States and any subsequent United States strategy, and
any mission agreed by the North Atlantic Treaty Organization
(NATO), that are pertinent to--
``(i) training, advising, and assisting the ANSF; or
``(ii) conducting counterrorism operations in
Afghanistan; and''; and
(C) in subparagraph (B)--
(i) by striking the period at the end and inserting a
semicolon;
(ii) by striking ``in the assessment of any such'' and
inserting ``in the assessment of--
``(i) any such''; and
(iii) by adding at the end the following new clauses:
``(ii) the United States counterterrorism mission; and
``(iii) efforts by the Department of Defense to support
reconciliation efforts and develop conditions for the
expansion of the reach of the Government of Afghanistan
throughout Afghanistan.'';
(2) in paragraph (2)--
(A) by inserting ``, including the progress of the
Government of Afghanistan on securing Afghan territory and
population,'' after ``the current security conditions in
Afghanistan''; and
(B) by striking ``and the Haqqani Network'' and inserting
``the Haqqani Network, and the Islamic State of Iraq and Syria
Khorasan''; and
(3) by adding at the end the following new paragraph:
``(9) Monitoring and evaluation measures relating to asff.--A
description of the monitoring and evaluation measures that the
Department of Defense and the Government of Afghanistan are taking
to ensure that funds of the Afghanistan Security Forces Fund
provided to the Government of Afghanistan as direct government-to-
government assistance are not subject to waste, fraud, or abuse.''.
SEC. 1215. SPECIAL IMMIGRANT VISA PROGRAM REPORTING REQUIREMENT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Department of State
shall submit a report, which may contain a classified annex, to--
(1) the Committee on the Judiciary, the Committee on Foreign
Relations, and the Committee on Armed Services of the Senate; and
(2) the Committee on the Judiciary, the Committee on Foreign
Affairs, and the Committee on Armed Services of the House of
Representatives.
(b) Contents.--The report submitted under subsection (a) shall
evaluate the obstacles to effective protection of Afghan and Iraqi
allies through the special immigrant visa programs and suggestions for
improvements in future programs, including information relating to--
(1) the hiring of locally employed staff and contractors;
(2) documenting the identity and employment of locally employed
staff and contractors of the United States Government, including
the possibility of establishing a central database of employees of
the United States Government and its contractors;
(3) the protection and safety of employees of locally employed
staff and contractors;
(4) means of expediting processing at all stages of the process
for applicants, including consideration of reducing required forms;
(5) appropriate staffing levels for expedited processing
domestically and abroad;
(6) the effect of uncertainty of visa availability on visa
processing;
(7) the cost and availability of medical examinations; and
(8) means to reduce delays in interagency processing and
security checks.
(c) Consultation.--In preparing the report under subsection (a),
the Inspector General shall consult with current and, to the extent
possible, former employees of--
(1) the Department of State, Bureau of Consular Affairs, Visa
Office;
(2) the Department of State, Bureau of Near Eastern Affairs and
South and Central Asian Affairs, Executive Office;
(3) the United States embassy in Kabul, Afghanistan, Consular
Section;
(4) the United States embassy in Baghdad, Iraq, Consular
Section;
(5) the Department of Homeland Security, U.S. Citizenship and
Immigration Services;
(6) the Department of Defense; and
(7) non-governmental organizations providing legal aid in the
special immigrant visa application process.
SEC. 1216. MEANINGFUL INCLUSION OF AFGHAN WOMEN IN PEACE NEGOTIATIONS.
(a) In General.--The Secretary of State, in coordination with the
Secretary of Defense, shall seek to ensure the meaningful participation
of Afghan women in the peace process in Afghanistan in a manner
consistent with the Women, Peace, and Security Act of 2017 (22 U.S.C.
2152j et seq.), including through advocacy for the inclusion of Afghan
women in ongoing and future negotiations to end the conflict in
Afghanistan.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in coordination with the
Secretary of Defense, shall submit to the appropriate committees of
Congress a report describing the steps taken to fulfill the duties of
the Secretary of State and the Secretary of Defense under subsection
(a).
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1217. EXTENSION AND MODIFICATION OF AUTHORITY FOR REIMBURSEMENT OF
CERTAIN COALITION NATIONS FOR SUPPORT PROVIDED TO UNITED STATES
MILITARY OPERATIONS.
(a) Extension.--Subsection (a) of section 1233 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 393), as most recently amended by section 1225 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), is further amended to read as follows:
``(a) Authority.--From funds made available for the Department of
Defense for the period beginning on October 1, 2019, and ending on
December 31, 2020, for overseas contingency operations for operation
and maintenance, Defense-wide activities, the Secretary of Defense may
reimburse any key cooperating nation (other than Pakistan) for--
``(1) logistical and military support provided by that nation
to or in connection with United States military operations in
Afghanistan, Iraq, or Syria; and
``(2) logistical, military, and other support, including
access, provided by that nation to or in connection with United
States military operations described in paragraph (1).''.
(b) Modification to Limitation.--Subsection (d)(1) of such section
is amended--
(1) by striking ``October 1, 2018, and ending on December 31,
2019'' and inserting ``October 1, 2019, and ending on December 31,
2020''; and
(2) by striking ``$350,000,000'' and inserting
``$450,000,000''.
SEC. 1218. SUPPORT FOR RECONCILIATION ACTIVITIES LED BY THE GOVERNMENT
OF AFGHANISTAN.
(a) In General.--The Secretary of Defense may, with the concurrence
of the Secretary of State, provide covered support for reconciliation
activities to one or more designated persons or entities or Federal
agencies.
(b) Framework for Use of Authority.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of Defense, with
the concurrence of the Secretary of State, shall submit to the
appropriate committees of Congress a report on the use of the authority
under subsection (a) that includes--
(1) a framework for use of such authority;
(2) evaluation requirements; and
(3) a prioritization of covered support.
(c) Designation.--Not later than 15 days before the Secretary of
Defense designates an individual or organization as a designated person
or entity, the Secretary shall notify the congressional defense
committees of the intent of the Secretary to make such designation.
(d) Reimbursement.--
(1) Designated persons or entities.--The Secretary of Defense
may provide covered support to a designated person or entity on a
nonreimbursable basis.
(2) Federal agencies.--The Secretary of Defense may provide
covered support to a Federal agency on a reimbursable or
nonreimbursable basis.
(e) Location of Covered Support.--
(1) In general.--Except as provided in paragraph (2), the
Secretary of Defense may only provide covered support within
Afghanistan.
(2) Exception.--Notwithstanding paragraph (1), the Secretary of
Defense may provide covered support in Pakistan if the Secretary of
Defense, with the concurrence of the Secretary of State,
determines, and certifies to the appropriate committees of
Congress, that providing covered support in Pakistan is in the
national security interest of the United States.
(f) Notification.--Not later than 15 days after the date on which
the Secretary of Defense provides covered support in Pakistan, or an
individual expenditure for covered support reaches a monetary threshold
of $75,000 or greater, the Secretary shall submit to the appropriate
committees of Congress written notice that includes--
(1) the intended recipient of such covered support and the
specific covered support to be provided; and
(2) a description of the manner in which such covered support
facilitates reconciliation.
(g) Funding.--
(1) Source of funds.--Amounts for covered support may only be
derived from amounts authorized to be appropriated for the
Department of Defense for operation and maintenance.
(2) Limitation.--Not more than $15,000,000 may be used in each
fiscal year to provide covered support under this section.
(h) Rule of Construction.--Covered support shall not be construed
to violate section 2339, 2339A, or 2339B of title 18, United States
Code.
(i) Reports.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, and quarterly thereafter, the Secretary of
Defense shall, with the concurrence of the Secretary of State,
submit to the appropriate committees of Congress a report on
covered support during the preceding 90-day period.
(2) Elements.--Each report under this subsection shall include,
for the preceding reporting period, the following:
(A) A summary of the reconciliation activities for which
covered support was provided.
(B) A description of the covered support, by class or type,
and the designated person or entity or Federal agency that
received each class or type of covered support.
(C) The total dollar amount of each class or type of
covered support, including budget details.
(D) The intended duration of each provision of covered
support.
(E) Any other matter the Secretary of Defense considers
appropriate.
(j) Sunset.--The authority to carry out this section shall
terminate on December 31, 2020.
(k) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the congressional defense committees;
(B) the Committee on Foreign Relations of the Senate; and
(C) the Committee on Foreign Affairs of the House of
Representatives.
(2) Covered support.--
(A) In general.--The term ``covered support'' means
logistic support, supplies, and services (as defined in section
2350 of title 10, United States Code) and security provided
under this section.
(B) Exclusions.--The term ``covered support'' does not
include the following support, supplies, or services described
in section 2350 of title 10, United States Code:
(i) Ammunition, construction incident to base
operations support, training services, and the temporary
use of general purpose vehicles.
(ii) With respect to any member of the Taliban,
transportation in vehicles or on aircraft owned by the
United States Government.
(3) Designated person or entity.--
(A) In general.--The term ``designated person or entity''
means an individual or organization designated by the Secretary
of Defense, with the concurrence of the Secretary of State, as
necessary to facilitate a reconciliation activity.
(B) Exclusion.--The term ``designated person or entity''
does not include a Federal agency or department.
(4) Reconciliation activity.--The term ``reconciliation
activity'' means any activity intended to support, facilitate, or
enable a political settlement between the Government of Afghanistan
and the Taliban for the purpose of ending the war in Afghanistan.
(5) Security.--The term ``security'' means any measure
determined by the Secretary of Defense to be necessary to protect
reconciliation activities from hostile acts.
SEC. 1219. MODIFICATION AND EXTENSION OF THE AFGHAN SPECIAL IMMIGRANT
VISA PROGRAM.
(a) Principal Aliens.--Subclause (I) of section 602(b)(2)(A)(ii) of
the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is
amended to read as follows:
``(I) by, or on behalf of, the United States
Government; or''.
(b) Extension of Afghan Special Immigrant Program.--Section
602(b)(3)(F) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101
note) is amended--
(1) in the heading, by striking ``2015, 2016, and 2017'' and
inserting ``2015 through 2020'';
(2) in the matter preceding clause (i), by striking ``18,500''
and inserting ``22,500'';
(3) in clause (i), by striking ``December 31, 2020'' and
inserting ``December 31, 2021''; and
(4) in clause (ii), by striking ``December 31, 2020'' and
inserting ``December 31, 2021''.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
SEC. 1221. MODIFICATION OF AUTHORITY AND LIMITATION ON USE OF FUNDS TO
PROVIDE ASSISTANCE TO COUNTER THE ISLAMIC STATE OF IRAQ AND SYRIA.
(a) Limitation on Use of Funds.--Of the amounts authorized to be
appropriated for fiscal year 2020 by this Act for activities under
section 1236 of the Carl Levin and Howard P. ``Buck'' McKeon National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128
Stat. 3558), as amended by this section, not more than 50 percent may
be obligated or expended for such activities until the date on which
the Secretary of Defense submits to the congressional defense
committees a report setting forth the following:
(1) An assessment of--
(A) security in liberated areas in Iraq;
(B) the extent to which security forces trained and
equipped, directly or indirectly, by the United States are
prepared to provide post-conflict stabilization and security in
such liberated areas; and
(C) the effectiveness of security forces in the post-
conflict environment and an identification of which such forces
will provide post-conflict stabilization and security in such
liberated areas.
(2) A summary of available information relating to the
disposition of militia groups throughout Iraq, with particular
focus on groups in areas liberated from ISIS or in sensitive areas
with historically mixed ethnic or minority communities.
(3) Any updates to or changes in the plan, strategy, process,
vetting requirements and process as described in subsection (e) of
such section 1236, and end-use monitoring mechanisms and
procedures.
(4) An identification of the specific units of the Iraqi
Security Forces to receive training and equipment or other support
in fiscal year 2020.
(5) A plan for ensuring that any vehicles or equipment provided
to the Iraqi Security Forces pursuant to such authority are
maintained in subsequent fiscal years using funds of Iraq.
(6) A description of any misuse or loss of provided equipment
and how such misuse or loss is being mitigated.
(7) An estimate, by fiscal year, of the funding anticipated to
be required for support of the Iraqi Security Forces during the
five fiscal years beginning in fiscal year 2020.
(8) A plan for normalizing assistance to the Iraqi Security
Forces under chapter 16 of title 10, United States Code, beginning
in fiscal year 2020.
(9) A detailed plan for the obligation and expenditure of the
funds requested for fiscal year 2020 for the Department of Defense
for stipends.
(10) A plan for the transition to the Government of Iraq the
responsibility for funding for stipends for any fiscal year after
fiscal year 2020.
(11) A description of how attacks against United States or
coalition personnel are being mitigated, statistics on any such
attacks, including ``green-on-blue'' attacks.
(12) A list of the forces or elements of forces that are
restricted from receiving assistance under subsection (a) of such
section 1236, other than the forces or elements of forces with
respect to which the Secretary of Defense has exercised the waiver
authority under subsection (j) of such section 1236, as a result of
vetting required by subsection (e) of such section 1236 or by
section 362 of title 10, United States Code, and a detailed
description of the reasons for such restriction, including for each
force or element, as applicable, the following:
(A) Information relating to gross violation of human rights
committed by such force or element, including the time-frame of
the alleged violation.
(B) The source of the information described in subparagraph
(A) and an assessment of the veracity of the information.
(C) The association of such force or element with terrorist
groups or groups associated with the Government of Iran.
(D) The amount and type of any assistance provided to such
force or element by the Government of Iran.
(b) Funding.--Subsection (g) of section 1236 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 128 Stat. 3558) is amended--
(1) by striking ``fiscal year 2019'' and inserting ``fiscal
year 2020''; and
(2) by striking ``$850,000,000'' and inserting
``$645,000,000''.
(c) Clarification With Respect to Scope of Authority.--
(1) In general.--Subsection (j)(2) of such section 1236 is
amended to read as follows:
``(2) Scope of assistance authority.--Notwithstanding paragraph
(1), the authority granted by subsection (a) may only be exercised
in consultation with the Government of Iraq.''.
(2) Technical correction.--The heading of subsection (j) of
such section 1236 is amended by inserting ``; Scope'' after
``Authority''.
(d) Technical Correction.--Subsection (c) of such section 1236 is
amended in the matter preceding paragraph (1) by striking ``subsection
(a)(1)'' and inserting ``subsection (b)(1)(A)''.
(e) Additional Technical Correction.--Effective as of December 12,
2017, and as if included therein as enacted, section 1222 of the
National Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 131 Stat. 1651) is amended--
(1) by striking subsection (b); and
(2) by striking subsection (c)(3).
SEC. 1222. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ASSISTANCE TO VETTED SYRIAN GROUPS AND INDIVIDUALS.
(a) Extension and Modification.--Section 1209 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 128 Stat. 3559) is amended as follows:
(1) In subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``with a cost'' and all that follows through ``through December
31, 2019'' and inserting ``and sustainment to appropriately
vetted Syrian groups and individuals through December 31,
2020''; and
(B) by striking paragraphs (1) through (3) and inserting
the following:
``(1) Defending the Syrian people from attacks by the Islamic
State of Iraq and Syria.
``(2) Securing territory formerly controlled by the Islamic
State of Iraq and Syria.
``(3) Protecting the United States and its partners and allies
from the threats posed by the Islamic State of Iraq and Syria, al
Qaeda, and associated forces in Syria.
``(4) Providing appropriate support to vetted Syrian groups and
individuals to conduct temporary and humane detention and
repatriation of Islamic State of Iraq and Syria foreign terrorist
fighters in accordance with all laws and obligations related to the
conduct of such operations, including, as applicable--
``(A) the law of armed conflict;
``(B) internationally recognized human rights;
``(C) the principle of non-refoulement;
``(D) the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (done at New York
on December 10, 1984); and
``(E) the United Nations Convention Relating to the Status
of Refugees, done at Geneva July 28, 1951 (as made applicable
by the Protocol Relating to the Status of Refugees, done at New
York January 31, 1967 (19 UST 6223)).''.
(2) By amending subsection (b) to read as follows:
``(b) Notice Before Provision of Assistance.--
``(1) In general.--In accordance with the requirements under
paragraph (2), the Secretary of Defense shall notify the
congressional defense committees in writing of the use of the
relevant authority to provide assistance and include the following:
``(A) The requirements and process used to determine
appropriately vetted recipients.
``(B) The mechanisms and procedures that will be used to
monitor and report to the appropriate congressional committees
and leadership of the House of Representatives and Senate on
unauthorized end-use of provided training and equipment or
other violations of relevant law by appropriately vetted
recipients.
``(C) The amount, type, and purpose of assistance to be
funded and the recipient of the assistance.
``(D) The goals and objectives of the assistance.
``(E) The number and role of United States Armed Forces
personnel involved.
``(F) Any other relevant details.
``(2) Timing of required notice.--A notice described in
paragraph (1) shall be required--
``(A) not later than 15 days before the expenditure of each
10-percent increment of the amount made available in fiscal
year 2019 or fiscal year 2020 to carry out the authorization in
this section; or
``(B) not later than 48 hours after such an expenditure, if
the Secretary determines that extraordinary circumstances that
affect the national security of the United States exist.''.
(3) By amending subsection (c) to read as follows:
``(c) Form.--The notifications required under subsection (b) shall
be submitted in unclassified form but may include a classified
annex.''.
(4) By amending subsection (d) to read as follows:
``(d) Quarterly Progress Reports.--
``(1) In general.--Beginning on January 15, 2020, and every 90
days thereafter, the Secretary of Defense, in coordination with the
Secretary of State, shall submit to the appropriate congressional
committees and leadership of the House of Representatives and the
Senate a progress report.
``(2) Matters to be included.--Each progress report under
paragraph (1) shall include, based on the most recent quarterly
information, the following:
``(A) A description of the appropriately vetted recipients
receiving assistance under subsection (a), including a
description of their geographical locations, demographic
profiles, political affiliations, and current capabilities.
``(B) A description of training, equipment, supplies,
stipends, and other support provided to appropriately vetted
recipients under subsection (a) and a statement of the amount
of funds expended for such purposes during the period covered
by the report.
``(C) Any misuse or loss of provided training and equipment
and how such misuse or loss is being mitigated.
``(D) An assessment of the recruitment, throughput, and
retention rates of appropriately vetted recipients.
``(E) An assessment of the operational effectiveness of
appropriately vetted recipients in meeting the purposes
specified in subsection (a).
``(F) A description of the current and planned posture of
United States forces and the planned level of engagement by
such forces with appropriately vetted recipients, including the
oversight of equipment provided under this section and the
activities conducted by such appropriately vetted recipients.
``(G) A detailed explanation of the relationship between
appropriately vetted recipients and civilian governance
authorities, including a description of efforts to ensure
appropriately vetted recipients are subject to the control of
competent civilian authorities.
``(H) A description of United States Government
stabilization objectives and activities carried out in areas
formerly controlled by the Islamic State of Iraq and Syria,
including significant projects and funding associated with such
projects.
``(I) A description of coalition contributions to the
purposes specified in subsection (a) and other related
stabilization activities.
``(J) With respect to Islamic State of Iraq and Syria
foreign terrorist fighters--
``(i) an estimate of the number of such individuals
being detained by appropriately vetted Syrian groups and
individuals;
``(ii) an estimate of the number of such individuals
that have been repatriated and the countries to which such
individuals have been repatriated; and
``(iii) a description of United States Government
support provided to facilitate the repatriation of such
individuals.
``(I) An assessment of the extent to which
appropriately vetted Syrian groups and individuals have
enabled progress toward establishing inclusive,
representative, accountable, and civilian-led
governance and security structures in territories
liberated from the Islamic State of Iraq and Syria.''.
(5) In subsection (e)(1)(A), by striking ``include,'' and all
that follows through ``(ISIL)'' and inserting ``include the Islamic
State of Iraq and Syria''.
(6) By striking subsection (f) and inserting the following:
``(f) Restriction on Scope of Assistance in the Form of Weapons.--
``(1) In general.--The Secretary may only provide assistance in
the form of weapons pursuant to the authority under subsection (a)
if such weapons are small arms or light weapons.
``(2) Waiver.--The Secretary may waive the restriction under
paragraph (1) upon certification to the appropriate congressional
committees that such provision of law would (but for the waiver)
impede national security objectives of the United States by
prohibiting, restricting, delaying, or otherwise limiting the
provision of assistance.''.
(5) In subsection (g)--
(A) by inserting ``, at the end of the 15-day period
beginning on the date the Secretary notifies the congressional
defense committees of the amount, source, and intended purpose
of such contributions'' after ``as authorized by this
section''; and
(B) by striking ``operation and maintenance accounts'' and
all that follows through the end of the subsection and
inserting ``accounts.''.
(6) By amending subsection (l) to read as follows:
``(l) Limitation on Cost of Construction and Repair Projects.--
``(1) In general.--The cost of construction and repair projects
carried out under this section may not exceed, in any fiscal year--
``(A) $4,000,000 per project; or
``(B) $20,000,000 in the aggregate.
``(2) Foreign contributions.--The limitation under paragraph
(1) shall not apply to the expenditure of foreign contributions in
excess of the per-project or aggregate limitation set forth in that
paragraph.''.
(b) Availability of Authority.--Not more than 10 percent of the
funds authorized to be appropriated for the Department of Defense for
activities under the authority provided by section 1209 of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3559), as amended
by subsection (a) of this section, may be obligated or expended until
the first quarterly report required to be submitted pursuant to
subsection (d) of such section 1209 (as so amended) has been submitted
to the appropriate congressional committees and leadership in
accordance with such subsection.
SEC. 1223. MODIFICATION OF AUTHORITY TO SUPPORT OPERATIONS AND
ACTIVITIES OF THE OFFICE OF SECURITY COOPERATION IN IRAQ.
(a) Modification.--Section 1215 of the National Defense
Authorization Act for Fiscal Year 2012 (10 U.S.C. 113 note) is amended
as follows:
(1) Authority.--By amending subsection (a) to read as follows:
``(a) Authority.--The Secretary of Defense may support United
States Government security cooperation activities in Iraq by providing
funds for the operations and activities of the Office of Security
Cooperation in Iraq.''.
(2) Types of support.--In subsection (b)--
(A) by striking the comma after ``life support'' and
inserting ``and''; and
(B) by striking ``, and construction and renovation of
facilities''.
(3) Limitation on amount.--In subsection (c)--
(A) by striking ``fiscal year 2019'' and inserting ``fiscal
year 2020''; and
(B) by striking ``$45,300,000'' and inserting
``$30,000,000''.
(4) Source of funds.--In subsection (d), by striking ``fiscal
year 2019'' and inserting ``fiscal year 2020''.
(5) Coverage of costs of the office of security cooperation in
iraq.--In subsection (e)--
(A) in the heading, by striking ``of OSCI'';
(B) by inserting ``appropriate administrative charges''
after ``includes'' and
(C) by striking ``, charges sufficient to recover'' and all
that follows through ``with such sale''.
(6) Additional authority.--In subsection (f), by adding at the
end the following new paragraph:
``(3) Sunset.--The authority provided in this subsection shall
terminate on the date that is 90 days after the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2020.''.
(7) Reports.--In subsection (g)--
(A) in paragraph (1), by striking ``September 30, 2015''
and inserting ``September 30, 2020''; and
(B) in paragraph (2)--
(i) by striking ``current'' each place it appears;
(ii) in subparagraph (A), by striking ``Iraq,
including'' and inserting ``Iraq that also addresses'';
(iii) in subparagraph (B), by striking ``the programs
conducted'' and all that follows through ``will address''
and inserting ``United States security assistance and
security cooperation activities are intended to address'';
and
(iv) by amending subparagraph (F) to read as follows:
``(F) An evaluation of the effectiveness of United States
efforts to promote respect for human rights, military
professionalism, and respect for legitimate civilian authority
in Iraq.''.
(b) Limitation on Availability of Funds.--Such section 1215 is
further amended by adding at the end the following:
``(h) Limitation on Availability of Funds.--Of the amount made
available for fiscal year 2020 to carry out section 1215 of the
National Defense Authorization Act for Fiscal Year 2012, not more than
$20,000,000 may be obligated or expended for the Office of Security
Cooperation in Iraq until the date on which the Secretary of Defense
certifies to the congressional defense committees, the Committee on
Foreign Affairs of the House of Representatives, and the Committee on
Foreign Relations of the Senate, that each of the following reforms
relating to that Office has been completed:
``(1) The appointment of a Senior Defense Official/Defense
Attache to oversee the Office.
``(2) The development of a staffing plan to reorganize the
Office in a manner similar to that of other security cooperation
offices in the region that emphasizes the placement of personnel
with regional or security cooperation expertise in key leadership
positions and closes duplicative or extraneous sections.
``(3) The initiation of bilateral engagement with the
Government of Iraq with the objective of establishing a joint
mechanism for security assistance planning, including a five-year
security assistance roadmap for developing sustainable military
capacity and capabilities and enabling defense institution building
and reform.''.
SEC. 1224. ESTABLISHING A COORDINATOR FOR DETAINED ISIS MEMBERS AND
RELEVANT DISPLACED POPULATIONS IN SYRIA.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the President, in consultation with the
Secretary of Defense, the Secretary of State, the Director of National
Intelligence, the Secretary of the Treasury, and the Attorney General,
shall submit to the appropriate committees of Congress a report
identifying whether a senior-level coordinator exists on all matters
for the United States Government relating to ISIS members who are in
Syrian Democratic Forces custody, including with respect to--
(1) the long-term disposition of such ISIS members, including
in all matters in connection with--
(A) repatriation, transfer, prosecution, and intelligence-
gathering;
(B) all multilateral and international engagements led by
the Department of State and other agencies that are related to
the current and future handling, detention, and prosecution of
such ISIS members, including with the International Criminal
Police Organization; and
(C) coordinating the provision of technical and evidentiary
assistance to foreign countries to aid in the successful
prosecution of such ISIS members, as appropriate, in accordance
with international humanitarian law and other internationally
recognized human rights and rule of law standards; and
(2) all multilateral and international engagements related to
the humanitarian access, provision of basic services, freedom of
movement, security and safe return of internally displaced persons
and refugees at camps or facilities in Syria that hold family
members of such ISIS members.
(b) Designation.--If the President is unable to identify a senior-
level coordinator for all matters described in subsection (a), the
President, in consultation with the Secretary of Defense, the Secretary
of State, the Director of National Intelligence, the Secretary of the
Treasury, and the Attorney General, shall designate an existing
official within the executive branch to serve as senior-level
coordinator to coordinate, in conjunction with other relevant agencies,
all matters described in such subsection.
(c) Retention of Authority.--The appointment of a senior-level
coordinator pursuant to subsection (b) shall not deprive any agency of
any authority to independently perform functions of that agency.
(d) Annual Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, and not less frequently than once each year
thereafter through January 31, 2021, the individual designated
under subsection (b) shall submit to the appropriate committees of
Congress a detailed report regarding the following detained ISIS
members:
(A) Alexanda Kotey.
(B) El Shafee Elsheikh.
(C) Aine Lesley Davis.
(D) Umm Sayyaf.
(E) Any other high-value detained ISIS member that the
coordinator reasonably determines to be subject to criminal
prosecution.
(2) Elements.--The report under paragraph (1) shall include, at
a minimum, the following:
(A) A detailed description of the facilities where detained
ISIS members described in paragraph (1) are being held,
including security and management of such facilities and
adherence to international humanitarian law standards.
(B) An analysis of all United States efforts to prosecute
detained ISIS members described in paragraph (1) and the
outcomes of such efforts. Any information, the disclosure of
which may violate Department of Justice policy or law, relating
to a prosecution or investigation may be withheld from a report
under paragraph (1).
(C) A detailed description of any option to expedite
prosecution of any detained ISIS member described in paragraph
(1), including in a court of competent jurisdiction outside of
the United States.
(D) An analysis of factors on the ground in Syria and Iraq
that may result in the unintended release of detained ISIS
members described in paragraph (1), and an assessment of any
measures available to mitigate such releases.
(E) A detailed description of efforts to coordinate the
disposition and security of detained ISIS members described in
paragraph (1) with other countries and international
organizations, including the International Criminal Police
Organization, to ensure secure chains of custody and locations
of such ISIS members.
(F) An analysis of the manner in which the United States
Government communicates on such proposals and efforts to the
families of United States citizens believed to be a victim of a
criminal act by a detained ISIS member.
(G) An analysis of all efforts between the United States
and partner countries within the Global Coalition to Defeat
ISIS or other countries to share intelligence or evidence that
may aid in the prosecution of ISIS members, and any legal
obstacles that may hinder such efforts.
(H) A description of all multilateral and international
engagements related to the humanitarian access and provision of
basic services to and freedom of movement and security and safe
return of internally displaced persons and refugees at camps or
facilities in Iraq, Syria, or any other area affected by ISIS
activity, including--
(i) any current or future potential threats to United
States national security interests emanating from such
individuals (including an analysis of the Al-Hol camp and
annexes); and
(ii) United States Government plans and strategies to
respond to any such threats.
(3) Form.--The report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
(e) Sunset.--The requirements under this section shall sunset on
January 31, 2021.
(f) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on the Judiciary, the
Committee on Banking, Housing, and Urban Affairs, the Select
Committee on Intelligence, and the Committee on Appropriations
of the Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on the Judiciary, Committee on
Financial Services, the Permanent Select Committee on
Intelligence, and the Committee on Appropriations of the House
of Representatives.
(2) ISIS member.--The term ``ISIS member'' means a person who
was part of, or substantially supported, the Islamic State of Iraq
and Syria.
SEC. 1225. REPORT ON LESSONS LEARNED FROM EFFORTS TO LIBERATE MOSUL AND
RAQQAH FROM CONTROL OF THE ISLAMIC STATE OF IRAQ AND SYRIA.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on lessons learned from
coalition operations to liberate Mosul, Iraq, and Raqqah, Syria, from
control of the Islamic State of Iraq and Syria (ISIS).
(b) Elements.--The report required by subsection (a) shall include
a description of lessons learned in connection with each of the
following:
(1) Combat in densely populated urban environments.
(2) Enablement of partner forces, including unique aspects of
conducting combined operations with regular and irregular forces.
(3) Advise, assist, and accompany efforts, including such
efforts conducted remotely.
(4) Integration of United States general purpose and special
operations forces.
(5) Integration of United States and international forces.
(6) Irregular and unconventional warfare approaches, including
the application of training and doctrine by special operations and
general purpose forces.
(7) Use of command, control, communications, computer,
intelligence, surveillance, and reconnaissance systems and
techniques.
(8) Logistics.
(9) Information operations.
(10) Targeting and weaponeering, including efforts to avoid
civilian casualties and other collateral damage.
(11) Facilitation of flows of internally displaced people and
humanitarian assistance.
(12) Such other matters as the Secretary considers appropriate
and could benefit training, doctrine, and resourcing of future
operations.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
SEC. 1226. EXPANSION OF AVAILABILITY OF FINANCIAL ASSETS OF IRAN TO
VICTIMS OF TERRORISM.
Section 502 of the Iran Threat Reduction and Syria Human Rights Act
of 2012 (22 U.S.C. 8772) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``in the United
States'' and inserting ``by or'';
(B) in subparagraph (B), by inserting ``, or an asset that
would be blocked if the asset were located in the United
States,'' after ``unblocked)''; and
(C) in the flush text at the end--
(i) by inserting after ``in aid of execution'' the
following: ``, or to an order directing that the asset be
brought to the State in which the court is located and
subsequently to execution or attachment in aid of
execution,''; and
(ii) by inserting ``, without regard to concerns
relating to international comity'' after ``resources for
such an act''; and
(2) in subsection (b)--
(A) by striking ``that are identified'' and inserting the
following: ``that are--
``(1) identified'';
(B) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(2) identified in and the subject of proceedings in the
United States District Court for the Southern District of New York
in Peterson et al. v. Islamic Republic of Iran et al., Case No. 13
Civ. 9195 (LAP).''.
SEC. 1227. REPORT ON THE STATUS OF DECONFLICTION CHANNELS WITH IRAN.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the President shall submit to Congress a report on the
status of deconfliction channels with Iran.
(b) Matters to Be Included.--The report required by subsection (a)
shall include the following:
(1) The status of United States diplomatic deconfliction
channels with Iran to prevent miscalculation, define ambiguities,
and correct misunderstandings that could otherwise lead to
unintended consequences, including unnecessary or harmful military
activity.
(2) The status of United States military-to-military
deconfliction channels with Iran to prevent military and diplomatic
miscalculation.
(3) An analysis of the need and rationale for bilateral and
multilateral deconfliction channels, including an assessment of
recent United States experience with such channels of communication
with Iran.
SEC. 1228. PROHIBITION ON PROVISION OF WEAPONS AND OTHER FORMS OF
SUPPORT TO CERTAIN ORGANIZATIONS.
None of the funds authorized to be appropriated by this Act or
otherwise made available for the Department of Defense for fiscal year
2020 may be used to knowingly provide weapons or any other form of
support to Al Qaeda, the Islamic State of Iraq and Syria (ISIS), Jabhat
Fateh al Sham, Hamas, Hizballah, Palestine Islamic Jihad, al-Shabaab,
Islamic Revolutionary Guard Corps, or any individual or group
affiliated with any such organization.
Subtitle D--Matters Relating to the Russian Federation
SEC. 1231. EXTENSION OF LIMITATION ON MILITARY COOPERATION BETWEEN THE
UNITED STATES AND RUSSIA.
Section 1232(a) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2488), is amended by
striking ``or 2019'' and inserting ``, 2019, or 2020''.
SEC. 1232. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO SOVEREIGNTY
OF RUSSIA OVER CRIMEA.
(a) Prohibition.--None of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020 for the
Department of Defense may be obligated or expended to implement any
activity that recognizes the sovereignty of Russia over Crimea.
(b) Waiver.--The Secretary of Defense, with the concurrence of the
Secretary of State, may waive the prohibition under subsection (a) if
the Secretary of Defense--
(1) determines that a waiver is in the national security
interest of the United States; and
(2) on the date on which the waiver is invoked, submits a
notification of the waiver and a justification of the reason for
seeking the waiver to--
(A) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1233. SENSE OF CONGRESS ON UPDATING AND MODERNIZING EXISTING
AGREEMENTS TO AVERT MISCALCULATION BETWEEN THE UNITED STATES AND
RUSSIA.
It is the sense of Congress that--
(1) conventional arms control and confidence and security
building measures have played an important role in helping to
increase military transparency and reduce the risk of
miscalculation;
(2) Russia's violations of the sovereignty and territorial
integrity of Georgia and Ukraine, and Russia's ongoing
destabilizing and aggressive behavior, has undermined peace,
security, and stability in Europe and beyond;
(3) Russia's unilateral suspension and violation of the Treaty
on Conventional Armed Forces in Europe, done at Vienna November 19,
1990, and entered into force November 9, 1992, and selective
implementation of the Vienna Document of the Organization for
Security and Cooperation in Europe 2011 have contributed to a
greater risk of miscalculation;
(4) Russia's unsafe and unprofessional interactions with United
States aircraft and vessels--
(A) are contrary to the spirit of--
(i) the Agreement Between the Government of the United
States and the Government of the Union of Soviet Socialist
Republics on the Prevention of Incidents On and Over the
High Seas, done at Moscow May 25, 1972, and entered into
force May 25, 1972; and
(ii) the Agreement on the Prevention of Dangerous
Military Activities Agreement, done at Moscow June 12,
1989, and entered into force January 1, 1990; and
(B) erode military transparency, predictability, and trust;
(5) the United States remains committed to upholding its
current treaty obligations and commitments with respect to
conventional arms control and confidence and security building
measures; and
(6) the Secretary of Defense and the Secretary of State should
explore options, as practicable, for updated or new frameworks for
increasing military transparency, stability, and reducing the risk
of miscalculation, including through enhanced diplomatic engagement
and military-to-military dialogue.
SEC. 1234. UNITED STATES PARTICIPATION IN OPEN SKIES TREATY.
(a) Notification Required.--Not later than 120 days before the
provision of notice of intent to withdraw the United States from the
Open Skies Treaty to either treaty depository pursuant to Article XV of
the Treaty, the Secretary of Defense and the Secretary of State shall
jointly submit to the congressional defense committees, the Committee
on Foreign Affairs of the House of Representatives, and the Committee
on Foreign Relations of the Senate a notification that--
(1) such withdrawal is in the best interests of the United
States national security; and
(2) the other state parties to the Treaty have been consulted
with respect to such withdrawal.
(b) Repeal of Limitation on Use of Funds to Vote to Approve or
Otherwise Adopt Any Implementing Decision of the Open Skies
Consultative Commission and Modifications to Report.--
(1) In general.--Section 1236 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2491) is amended--
(A) by striking subsections (a) and (b); and
(B) by redesignating subsections (c), (d), (e), and (f) as
subsections (a), (b), (c), and (d), respectively.
(2) Modifications to report.--Subsection (a) of such section,
as so redesignated, is amended--
(A) in the heading, by striking ``Quarterly'' and inserting
``Annual'';
(B) in paragraph (1)--
(i) by inserting ``the Secretary of State,'' before
``the Secretary of Energy'';
(ii) by striking ``quarterly basis'' and inserting
``annual basis'';
(iii) by striking ``by the Russian Federation over the
United States'' and inserting ``by all parties to the Open
Skies Treaty, including the United States, under the
Treaty''; and
(iv) by striking ``calendar quarter'' and inserting
``preceding calendar year''; and
(C) in paragraph (2), by striking subparagraphs (B), (C),
and (D) and inserting the following:
``(B) In the case of an observation flight by the United
States, including an observation flight over the territory of
Russia--
``(i) an analysis of data collected that supports
United States intelligence and military collection goals;
and
``(ii) an assessment of data collected regarding
military activity that could not be collected through other
means.
``(C) In the case of an observation flight over the
territory of the United States--
``(i) an analysis of whether and the extent to which
any United States critical infrastructure was the subject
of image capture activities of such observation flight;
``(ii) an estimate for the mitigation costs imposed on
the Department of Defense or other United States Government
agencies by such observation flight; and
``(iii) an assessment of how such information is used
by the parties conducting the observation flight, for what
purpose, and how the information fits into the overall
collection posture.''.
(3) Form.--Subsection (c) of such section, as so redesignated,
is amended by striking ``certification, report, and notice'' and
inserting ``report''.
(4) Definitions.--Subsection (d) of such section, as so
redesignated, is amended--
(A) by striking paragraphs (3) and (6); and
(B) by redesignating paragraphs (4), (5), and (7) as
paragraphs (3), (4), and (5), respectively.
(c) Open Skies: Implementation Plan.--Section 1235(a) of the
National Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 131 Stat. 1660) is amended--
(1) in paragraph (1)--
(A) by striking ``during such fiscal year'' and inserting
``during a calendar year''; and
(B) by striking ``the President submits'' and all that
follows and inserting ``the Secretary of Defense provides to
the appropriate congressional committees a report on a plan
described in paragraph (2) with respect to such calendar
year.'';
(2) in paragraph (2), by striking ``such fiscal year'' and
inserting ``such calendar year''; and
(3) in paragraph (3), by striking ``a fiscal year and submit
the updated plan'' and inserting ``a calendar year and provide a
report on the updated plan''.
(d) Definition of Open Skies Treaty; Treaty.--In this section, the
term ``Open Skies Treaty'' or ``Treaty'' means the Treaty on Open
Skies, done at Helsinki March 24, 1992, and entered into force January
1, 2002.
SEC. 1235. MODIFICATIONS OF BRIEFING, NOTIFICATION, AND REPORTING
REQUIREMENTS RELATING TO NON-COMPLIANCE BY THE RUSSIAN FEDERATION WITH
ITS OBLIGATIONS UNDER THE INF TREATY.
(a) Briefing Requirement.--Section 1244(d) of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 128 Stat. 3565; 22 U.S.C. 2593a note) is
amended--
(1) by striking ``At the time'' and inserting the following:
``(1) In general.--At the time''; and
(2) by adding at the end the following new paragraph:
``(2) Sunset.--The briefing requirement under paragraph (1)
shall be in effect so long as the INF Treaty remains in force.''.
(b) Notification Requirement Relating to Coordination With
Allies.--Section 1243(c) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1601) is amended by
adding at the end the following new paragraph:
``(3) Sunset.--The notification requirement under paragraph (1)
shall be in effect so long as the INF Treaty remains in force.''.
(c) Notification Requirement Relating to Development, Deployment,
or Test of a System Inconsistent With INF Treaty.--Section 1244(a) of
the National Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 131 Stat. 1673; 22 U.S.C. 2593a note) is amended by adding at
the end the following new paragraph:
``(3) Sunset.--The notification requirement under paragraph (1)
shall be in effect so long as the INF Treaty remains in force.''.
(d) Reporting Requirement Under Ukraine Freedom Support Act of
2014.--Section 10(c) of the Ukraine Freedom Support Act of 2014 (22
U.S.C. 8929) is amended by adding at the end the following new
paragraph:
``(3) Sunset.--The reporting requirement under paragraph (1)
shall be in effect so long as the INF Treaty remains in force.''.
SEC. 1236. REPORT ON TREATIES RELATING TO NUCLEAR ARMS CONTROL.
(a) Findings.--Congress finds the following:
(1) On October 24, 2018, the House Committee on Armed Services
and House Committee on Foreign Affairs wrote to the Secretary of
Defense requesting information regarding the Administration's
policies and strategies related to nuclear arms control.
(2) The Committees did not receive the requested information
from the Secretary of Defense.
(b) Assessment Required.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense, in consultation
with the Secretary of State and the Director of National Intelligence,
shall submit to the Committee on Armed Services, the Permanent Select
Committee on Intelligence, and the Committee on Foreign Affairs of the
House of Representatives and the Committee on Armed Services, the
Select Committee on Intelligence, and the Committee on Foreign
Relations of the Senate an assessment that includes each of the
following:
(1) The implications, in terms of military threat to the United
States or its allies in Europe, of Russian deployment of
intermediate-range cruise and ballistic missiles without
restriction.
(2) What new capabilities the United States might need in order
to pursue additional technologies or programs to offset such
Russian capabilities, and the costs associated with such
capabilities, technologies, and programs.
(3) An assessment of the threat to the United States of
Russia's strategic nuclear force in the event the New START Treaty
lapses.
(4) What measures could have been taken short of withdrawal,
including economic, military, and diplomatic options, to increase
pressure on Russia for violating the INF Treaty.
(5) The status of all consultations with allies pertaining to
the INF Treaty and the threat posed by Russian forces that are
noncompliant with the obligations of such treaty.
(6) The impact that Russian withdrawal from the INF Treaty and
the expiration of the New START Treaty could have on long-term
United States-Russia strategic stability.
(c) Withholding of Funds.--Until the date of the submission of the
assessment required by subsection (b), an amount that is equal to 20
percent of the total amount authorized to be appropriated to the Office
of the Secretary of Defense under the Operations and Maintenance,
Defense-Wide account for the travel of persons shall be withheld from
obligation or expenditure.
(d) Definitions.--In this section:
(1) New start treaty.--The term ``New START Treaty'' means the
Treaty between the United States of America and the Russian
Federation on Measures for the Further Reduction and Limitation of
Strategic Offensive Arms, signed at Prague April 8, 2010, and
entered into force February 5, 2011.
(2) Inf treaty.--The term ``INF Treaty'' means the Treaty
between the United States of America and the Union of Soviet
Socialist Republics on the Elimination of Their Intermediate-Range
and Shorter-Range Missiles, signed at Washington December 8, 1987,
and entered into force June 1, 1988.
SEC. 1237. REPORTS RELATING TO THE NEW START TREATY.
(a) Sense of Congress.--It is the sense of Congress that legally
binding, verifiable limits on Russian strategic nuclear forces are in
the national security interest of the United States.
(b) Prior Notification for Withdrawal.--Not later than 120 days
before the provision to Russia, pursuant to Article XIV of the New
Start Treaty, of notice of intent to withdraw the United States from
the Treaty, the Secretary of Defense and the Secretary of State shall
jointly submit to the congressional defense committees, the Committee
on Foreign Affairs of the House of Representatives, and the Committee
on Foreign Relations of the Senate a notification that includes a
description of the extraordinary events jeopardizing the United States'
supreme interests accompanying such notice of intent to withdraw in
accordance with the requirements of such Article XIV.
(c) Assessments From Director of National Intelligence.--
(1) Relating to expiration of new start treaty.--Not later than
180 days after the date of the enactment of this Act, the Director
of National Intelligence shall submit to the appropriate
congressional committees an assessment of the implications of the
expiration of the New START Treaty without the United States and
Russia having entered into a new arms control agreement. The
assessment shall include the following elements:
(A) An assessment of possible changes to the Russian
nuclear force structure through 2026, if the Treaty expires in
2021 without replacement, including Russia's ability and intent
to deploy strategic nuclear warheads and delivery vehicles
above the central limits of the Treaty and with respect to
possible future strategic nuclear weapons research and
development programs.
(B) An assessment of the verification and transparency
benefits of the Treaty and a description of the Treaty's impact
on the United States' understanding of Russia's nuclear forces.
(C) An assessment of what actions would be necessary for
the United States to remediate the loss of the Treaty's
verification and transparency benefits if the Treaty is not
extended and a new arms control agreement is not concluded, and
an estimate of the remedial resources required to ensure no
concomitant loss of understanding of Russia's nuclear forces as
practicable.
(2) Relating to russia's willingness to engage in nuclear arms
control negotiations.--Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence
shall submit to the appropriate congressional committees an
assessment of Russia's willingness to engage in nuclear arms
control negotiations and Russia's priorities in these negotiations.
The assessment shall include the following elements:
(A) An assessment of Russia's willingness to extend the New
START Treaty and its likely negotiating position to discuss
such an extension with the United States.
(B) An assessment of Russia's interest in negotiating a
broader arms control agreement that would include nuclear
weapons systems not accountable under the New START Treaty,
including non-strategic nuclear weapons.
(C) An assessment of what concessions Russia would likely
seek from the United States during such negotiations, including
what additional United States' military capabilities Russia
would seek to limit, in any broader arms control negotiation.
(D) Any other matter the Director determines to be
relevant.
(d) Reports and Briefing From Secretary of State.--
(1) Relating to nato, nato member countries, and other united
states allies.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in consultation with
the Secretary of Defense, shall submit a report and provide a
briefing to the appropriate congressional committees that
includes--
(A) an assessment of the likely reactions of the North
Atlantic Treaty Organization (NATO), NATO member countries, and
other United States allies and partners to the expiration of
the New START Treaty without the entry into force of a new
nuclear arms control agreement between the United States and
Russia; and
(B) a description of the consultations undertaken with
allies relating to the Treaty.
(2) Relating to ongoing implementation of the new start
treaty.--Not later than 60 days after the date of the enactment of
this Act, and again not later than September 1, 2020, the Secretary
of State, in consultation with the Secretary of Defense, shall
submit a report to the appropriate congressional committees with an
assessment of the following elements:
(A) Whether the Russian Federation remains in compliance
with its obligations under the New START Treaty.
(B) Whether continuing implementation of the New START
Treaty remains in the national security interest of the United
States.
(3) Relating to other matters.--Not later than 90 days after
the date of the enactment of this Act, and every 180 days
thereafter until the New START Treaty is extended beyond February
2021 or expires, the Secretary of State, in consultation with the
Secretary of Defense, shall provide a briefing to the appropriate
congressional committees that includes the following elements:
(A) A description of any discussions with Russia on the
Treaty or a multilateral arms control treaty with Russia and
other countries on the reduction and limitation of strategic
offensive arms, and discussions addressing the disparity
between the non-strategic nuclear weapons stockpiles of Russia
and of the United States, at the Assistant Secretary level,
Ambassadorial level, or higher.
(B) The dates, locations, discussion topics, and Russian
interlocutors involved in those discussions.
(C) An identification of the United States Government
departments and agencies involved in the discussions.
(D) The types of systems, both nuclear and nonnuclear,
discussed by either side in such discussions as the potential
subjects of an agreement.
(E) Whether formal negotiations to extend the Treaty or
negotiate a new agreement have occurred.
(e) Report and Briefing From Secretary of Defense.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation
with the Secretary of Energy, shall submit a report to the
congressional defense committees that includes an assessment of the
manner and extent to which the United States nuclear force
structure could change if the New START Treaty expires in 2021,
including current and planned nuclear modernization programs, and
associated costs.
(2) Additional report upon expiration.--Not later than April 5,
2021, the Secretary of Defense, in consultation with the Secretary
of Energy, shall, if the New START Treaty has expired prior to such
date, submit a plan describing the manner in which the United
States nuclear force structure will change, including current and
planned nuclear modernization programs and associated costs.
(f) Form.--Each report, plan, or assessment required by this
section shall be submitted in unclassified form, but may include a
classified annex.
(g) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Armed Services, and the Select Committee on Intelligence of the
Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) New start treaty; treaty.--The terms ``New START Treaty''
and ``Treaty'' mean the Treaty between the United States of America
and the Russian Federation on Measures for the Further Reduction
and Limitation of Strategic Offensive Arms, signed on April 8,
2010, and entered into force on February 5, 2011.
SEC. 1238. REPORT ON MILITARY ACTIVITIES OF THE RUSSIAN FEDERATION AND
THE PEOPLE'S REPUBLIC OF CHINA IN THE ARCTIC REGION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of State and the Director of National Intelligence, shall
submit to the appropriate committees of Congress the following:
(1) A report on any military activities of the Russian
Federation in the Arctic region.
(2) A report on any military activities of the People's
Republic of China in the Arctic region.
(b) Matters to Be Included.--The reports under subsection (a) shall
include, with respect to the Russian Federation or the People's
Republic of China, as applicable, the following:
(1) A description of military activities of such country in the
Arctic region, including--
(A) the emplacement of military infrastructure, equipment,
or forces;
(B) any exercises or other military activities; and
(C) activities that are non-military in nature, but are
considered to have military or other strategic implications.
(2) An assessment of--
(A) the intentions of such activities;
(B) the extent to which such activities affect or threaten
the interests of the United States and allies in the Arctic
region; and
(C) any response to such activities by the United States or
allies.
(3) A description of future plans and requirements with respect
to such activities.
(c) Form.--Each report under subsection (a) shall be submitted in
classified form, but may include an unclassified executive summary.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on Foreign
Relations, the Committee on Appropriations, and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee on Foreign
Affairs, the Committee on Appropriations, and the Permanent Select
Committee on Intelligence of the House of Representatives.
SEC. 1239. UPDATED STRATEGY TO COUNTER THE THREAT OF MALIGN INFLUENCE
BY THE RUSSIAN FEDERATION AND OTHER COUNTRIES.
(a) In General.--The Secretary of Defense and the Secretary of
State, in coordination with the appropriate United States Government
officials, shall jointly update, with the additional elements described
in subsection (b), the comprehensive strategy to counter the threat of
malign influence developed pursuant to section 1239A of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131
Stat. 1667).
(b) Additional Elements.--The updated strategy required under
subsection (a) shall include the following:
(1) With respect to each element specified in paragraphs (1)
through (7) of subsection (b) of such section 1239A, actions to
counter the threat of malign influence operations by the People's
Republic of China and any other country engaged in significant
malign influence operations.
(2) A description of the interagency organizational structures
and procedures for coordinating the implementation of the
comprehensive strategy for countering malign influence by the
Russian Federation, China, and any other country engaged in
significant malign influence operations.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
State shall jointly submit to the appropriate committees of Congress a
report detailing the updated strategy required under subsection (a).
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' has the meaning given
the term in subsection (e) of such section 1239A.
Subtitle E--Matters Relating to Europe and NATO
SEC. 1241. SENSE OF CONGRESS ON SUPPORT FOR THE NORTH ATLANTIC TREATY
ORGANIZATION.
It is the sense of Congress that--
(1) the North Atlantic Treaty Organization (NATO) is critical
to achieving United States national security interests and defense
objectives around the world;
(2) NATO is the most successful military alliance in history,
founded on the principles of democracy, individual liberty, and the
rule of law, and its contributions to the collective defense are
indispensable to the security, prosperity, and freedom of its
members;
(3) membership in NATO is a cornerstone of the security and
national defense of the United States;
(4) the United States commitment to the NATO alliance has been
foundational to the rules-based international order for seven
decades, helping to sustain a system of mutual security and shared
values and enhance the United States security through common
defense;
(5) the United States must remain ironclad in its commitment to
uphold its obligations under the North Atlantic Treaty, including
Article 5 of such Treaty;
(6) the United States should deepen strategic and defense
cooperation with non-NATO European partners, and encourage NATO
cooperation with such partners;
(7) the United States should encourage defense cooperation that
complements and strengthens NATO collective defense,
interoperability, and allies' commitment to Article 3 of the North
Atlantic Treaty; and
(8) the United States should pursue a long-term policy to
strengthen relationships with NATO allies, oppose efforts to
undermine and divide the NATO alliance, invest in long-term efforts
to deter aggression against NATO allies and counter campaigns aimed
at eroding shared values of the alliance, and enhance
interoperability and planning for collective defense.
SEC. 1242. PROHIBITION ON THE USE OF FUNDS TO SUSPEND, TERMINATE, OR
PROVIDE NOTICE OF DENUNCIATION OF THE NORTH ATLANTIC TREATY.
Notwithstanding any other provision of law, no funds may be
obligated, expended, or otherwise made available during the period
beginning on the date of the enactment of this Act and ending on
December 31, 2020, to take any action to suspend, terminate, or provide
notice of denunciation of the North Atlantic Treaty, done at
Washington, D.C. on April 4, 1949.
SEC. 1243. FUTURE YEARS PLANS AND PLANNING TRANSPARENCY FOR THE
EUROPEAN DETERRENCE INITIATIVE.
(a) Amendments.--Section 1273 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1696) is amended
as follows:
(1) In the section heading, by striking ``plan'' and inserting
``plans''.
(2) In subsection (a) to read as follows:
``(a) Initial Plan.--Not later than December 31, 2019, the
Secretary of Defense, in consultation with the Commander of the United
States European Command, shall submit to the congressional defense
committees a future years plan on activities and resources of the
European Deterrence Initiative (EDI) for fiscal year 2020 and not fewer
than the four succeeding fiscal years.''.
(3) Matters to be included.--In subsection (b)--
(A) in paragraph (1) to read as follows:
``(1) A description of the objectives of the EDI, including a
description of--
``(A) the intended force structure and posture of the
assigned and allocated forces within the area of responsibility
of the United States European Command for the last fiscal year
of the plan; and
``(B) the manner in which such force structure and posture
support the implementation of the National Defense Strategy.'';
(B) in paragraph (5), by striking ``required infrastructure
investments'' and inserting ``required infrastructure and
military construction investments''; and
(C) in paragraph (8)--
(i) in subparagraph (E), by striking ``and'' at the
end;
(ii) in subparagraph (F), by striking the period at the
end and inserting a semicolon; and
(iii) by adding at the end the following:
``(G) a detailed assessment of the resources necessary to
achieve the requirements of the plan, including specific cost
estimates for each project under the EDI to support increased
presence, exercises and training, enhanced prepositioning,
improved infrastructure, and building partnership capacity;
``(H) a detailed timeline to achieve the force posture and
capabilities, including permanent force posture requirements;
and
``(I) a detailed explanation of any significant
modifications to activities and resources as compared to the
future years plan on activities and resources of the EDI
submitted for the previous year.''.
(4) By redesignating subsections (c) and (d) as subsections (d)
and (e), respectively.
(5) By inserting after subsection (b) the following:
``(c) Subsequent Plans.--
``(1) In general.--Not later than the date on which the
Secretary of Defense submits to Congress the budget request for the
Department of Defense for fiscal year 2021 and each fiscal year
thereafter, the Secretary, in consultation with the Commander of
the United States European Command, shall submit to the
congressional defense committees a future years plan on activities
and resources of the European Deterrence Initiative for such fiscal
year and not fewer than the four succeeding fiscal years.
``(2) Matters to be included.--The plan required under
paragraph (1) shall include--
``(A) the matters described in subsection (b); and
``(B) a detailed explanation of any significant
modifications in requirements or resources, as compared to the
plan submitted under such subsection (b).''.
(6) In subsection (d), as redesignated, by striking ``The plan
required under subsection (a)'' and inserting ``The plans required
under subsections (a) and (c)''.
(7) In subsection (e), as redesignated, by striking
``Limitations'' and all that follows through ``In the case of'' and
inserting ``Limitations.--In the case of''.
(b) Budget Display Information.--The Secretary of Defense shall
include in the materials submitted to Congress by the Secretary in
support of the budget of the President for fiscal year 2021 and each
fiscal year thereafter (as submitted under section 1105 of title 31,
United States Code), a detailed budget display for the European
Deterrence Initiative that includes the following information
(regardless of whether the funding line is for overseas contingency
operations):
(1) With respect to procurement accounts--
(A) amounts displayed by account, budget activity, line
number, line item, and line item title; and
(B) a description of the requirements for each such amounts
specific to the Initiative.
(2) With respect to research, development, test, and evaluation
accounts--
(A) amounts displayed by account, budget activity, line
number, program element, and program element title; and
(B) a description of the requirements for each such amounts
specific to the Initiative.
(3) With respect to operation and maintenance accounts--
(A) amounts displayed by account title, budget activity
title, line number, and subactivity group title; and
(B) a description of how such amounts will specifically be
used.
(4) With respect to military personnel accounts--
(A) amounts displayed by account, budget activity, budget
subactivity, and budget subactivity title; and
(B) a description of the requirements for each such amounts
specific to the Initiative.
(5) With respect to each project under military construction
accounts (including with respect to unspecified minor military
construction and amounts for planning and design), the country,
location, project title, and project amount by fiscal year.
(c) End of Fiscal Year Report.--Not later than November 30, 2020,
and annually thereafter, the Secretary of Defense shall submit to the
congressional defense committees a report that contains--
(1) a detailed summary of funds obligated for the European
Deterrence Initiative for the preceding fiscal year; and
(2) a detailed comparison of funds obligated for the European
Deterrence Initiative for the preceding fiscal year to amounts
requested for the Initiative for that fiscal year in the materials
submitted to Congress by the Secretary in support of the budget of
the President for that fiscal year as required by subsection (c),
including with respect to each of the accounts described in
paragraphs (1), (2), (3), (4), and (5) of subsection (b) and the
information required under each such paragraph.
(d) Interim Briefing.--Not later than March 30, 2021, and annually
thereafter, the Secretary of Defense shall provide the congressional
defense committees with an interim briefing on the status of all
matters covered by the end of fiscal year report required by section
(c).
SEC. 1244. MODIFICATION AND EXTENSION OF UKRAINE SECURITY ASSISTANCE
INITIATIVE.
Section 1250 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 129 Stat. 1068) is amended--
(1) in subsection (a), by striking ``in coordination with the
Secretary of State'' and inserting ``with the concurrence of the
Secretary of State'';
(2) in subsection (b)--
(A) by amending paragraph (11) to read as follows:
``(11) Air defense and coastal defense radars, and systems to
support effective command and control and integration of air
defense and coastal defense capabilities.'';
(B) by redesignating paragraphs (14) and (15) as paragraphs
(15) and (16), respectively;
(C) by inserting after paragraph (13) the following:
``(14) Coastal defense and anti-ship missile systems.''; and
(D) in paragraph (15), as so redesignated, by striking
``paragraphs (1) through (13)'' and inserting ``paragraphs (1)
through (14)'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``50 percent of the funds
available for fiscal year 2019 pursuant to subsection (f)(4)''
and inserting ``50 percent of the funds available for fiscal
year 2020 pursuant to subsection (f)(5)'';
(B) in paragraph (3), by striking ``fiscal year 2019'' and
inserting ``fiscal year 2020''; and
(C) in paragraph (5), by striking ``Of the funds available
for fiscal year 2019 pursuant to subsection (f)(4)'' and
inserting ``Of the funds available for fiscal year 2020
pursuant to subsection (f)(5)'';
(4) in subsection (f), by adding at the end the following:
``(5) For fiscal year 2020, $300,000,000.''; and
(5) in subsection (h), by striking ``December 31, 2021'' and
inserting ``December 31, 2022''.
SEC. 1245. LIMITATION ON TRANSFER OF F-35 AIRCRAFT TO TURKEY.
(a) Limitation.--None of the funds authorized to be appropriated or
otherwise made available for the Department of Defense may be used to
do the following, and the Department may not otherwise do the
following:
(1) Transfer, facilitate the transfer, or authorize the
transfer of, any F-35 aircraft or related support equipment or
parts to Turkey.
(2) Transfer intellectual property, technical data, or material
support necessary for, or related to, any maintenance or support of
the F-35 aircraft necessary to establish Turkey's indigenous F-35
capability.
(3) Construct a storage facility for, or otherwise facilitate
the storage in Turkey of, any F-35 aircraft transferred to Turkey.
(b) Waiver.--
(1) Certification.--The Secretary of Defense, jointly with the
Secretary of State, may waive the limitation under subsection (a)
only if the Secretaries submit to the appropriate committees of
Congress a written certification that contains a determination by
the Secretaries, and any relevant documentation on which the
determination is based, that the Government of Turkey, having
previously accepted delivery of the S-400 air and missile defense
system from the Russian Federation--
(A) no longer possesses the S-400 air and missile defense
system or any other equipment, materials, or personnel
associated with such system;
(B) has provided credible assurances that the Government of
Turkey will not in the future accept delivery of such system;
and
(C) has not, since July 31, 2019, purchased or accepted
delivery of defense equipment from the Russian Federation in
addition to the S-400 air and missile defense system that would
increase the risk of compromising the capabilities of the F-35
aircraft and its associated systems.
(2) Notice and wait requirement.--The Secretary of Defense and
the Secretary of State may not waive the limitation under
subsection (a) until 90 days after the date on which the
Secretaries submit the certification under paragraph (1).
(c) Sense of Congress.--It is the sense of Congress that--
(1) Turkey's possession of the S-400 air and missile defense
system adversely affects the national security of Turkey, the
United States, and all members of the North Atlantic Treaty
Alliance;
(2) the United States offer of the Patriot air and missile
defense system to Turkey constituted a viable alternative to
Turkey's acquisition of the S-400 air and missile defense system;
(3) acceptance of the S-400 air and missible defense system by
Turkey constitutes a significant transaction within the meaning of
section 231(a) of the Countering Russian Influence in Europe and
Eurasia Act of 2017 (22 U.S.C. 9525(a)); and
(4) the President should implement the Countering Russian
Influence in Europe and Eurasia Act of 2017 (Public Law 115-44; 131
Stat. 886) by imposing and applying sanctions under section 235 of
that Act (22 U.S.C. 9529) with respect to any individual or entity
determined to have engaged in such significant transaction as if
such person were a sanctioned person for purposes of such section.
(d) Authorization of Expenditure.--
(1) In general.--The Secretary of Defense is authorized--
(A) to fly up to 6 Turkish F-35 aircraft (tail numbers AT-1
thru AT-6) to a storage location in the United States; and
(B) to induct these aircraft into a long-term storage
condition.
(2) Storage, plan, and disposition of aircraft and equipment.--
The Secretary of Defense may expend up to $30,000,000 of funds
authorized to be appropriated for fiscal year 2020 for the
Department of Defense to conduct activities associated with
storage, preservation, and developing a plan for the final
disposition of such F-35 aircraft and Turkish F-35 aircraft
equipment, including full mission simulators, helmet mounted
display systems, air system maintenance trainer, and ancillary
mission equipment, as a result of efforts taken by the United
States to limit, reduce, or terminate Turkey's status as a member
of the F-35 Joint Strike Fighter cooperative program.
(3) Report required.--Not later than 90 days after the
enactment of this Act, the Secretary of Defense shall provide to
the congressional defense committees a report outlining the long-
term plan for the disposition of such assets, including options for
recovery of costs from Turkey and for unilateral use of such assets
by the Department of Defense.
(4) Notification required.--Not later than 15 days before any
expenditure of funds in an amount of $15,000,000 or more pursuant
to the authority described in paragraph (1), the Secretary shall
provide to the congressional defense committees a written
notification describing the activities to be conducted.
(e) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives.
SEC. 1246. BALTIC DEFENSE ASSESSMENT; EXTENSION AND MODIFICATION OF
SECURITY ASSISTANCE FOR BALTIC COUNTRIES FOR JOINT PROGRAM FOR
INTEROPERABILITY AND DETERRENCE AGAINST AGGRESSION.
(a) Baltic Defense Assessment.--Not later than 1 year after the
date of the enactment of this Act, the Secretary of Defense and the
Secretary of State shall jointly conduct a comprehensive, multilateral
assessment of the military requirements of Lithuania, Latvia, and
Estonia to deter and resist aggression by Russia that--
(1) provides an assessment of past and current initiatives to
improve the efficiency, effectiveness, readiness and
interoperability of Lithuania, Latvia, and Estonia's national
defense capabilities; and
(2) assesses the manner in which to achieve such improvements,
including future resource requirements and recommendations, by
undertaking activities in the following areas:
(A) Activities to increase the rotational and forward
presence, improve the capabilities, and enhance the posture and
response readiness of the United States or NATO forces in the
Baltic region.
(B) Activities to improve air defense systems, including
modern air-surveillance capabilities.
(C) Activities to improve counter-unmanned aerial system
capabilities.
(D) Activities to improve command and control capabilities
through increasing communications, technology, and intelligence
capacity and coordination, including secure and hardened
communications.
(E) Activities to improve intelligence, surveillance, and
reconnaissance capabilities.
(F) Activities to enhance maritime domain awareness.
(G) Activities to improve military and defense
infrastructure, logistics, and access, particularly transport
of military supplies and equipment.
(H) Investments to ammunition stocks and storage.
(I) Activities and training to enhance cyber security and
electronic warfare capabilities.
(J) Bilateral and multilateral training and exercises.
(K) New and existing cost-sharing mechanisms with United
States and NATO allies to reduce financial burden.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Defense and the Secretary of State
jointly shall submit to the appropriate congressional committees a
report, which shall be submitted in unclassified form but may include a
classified annex, that includes each of the following:
(1) A report on the findings of the assessment conducted
pursuant to subsection (a).
(2) A list of any recommendations resulting from such
assessment.
(3) An assessment of the resource requirements to achieve the
objectives described in subsection (a)(1) with respect to the
national defense capability of Baltic countries, including
potential investments by host countries.
(4) A plan for the United States to use appropriate security
cooperation authorities or other authorities to--
(A) facilitate relevant recommendations included in the
list described in paragraph (2);
(B) expand joint training between the Armed Forces and the
military of Lithuania, Latvia, or Estonia, including with the
participation of other NATO allies; and
(C) support United States foreign military sales and other
equipment transfers to Baltic countries, especially for the
activities described in subparagraphs (A) through (I) of
subsection (a)(2).
(5) A comprehensive list of authorities and funding sources
used for security cooperation with the Baltic countries,
including--
(A) a description of the funds made available and used to
provide assistance through each authority, if any, during the
last two years;
(B) whether the authority to provide assistance pursuant to
section 1279D of the National Defense Authorization Act for
Fiscal Year 2018 (22 U.S.C. 2753 note) was used, and whether
any alternative authorities exist under which the Secretary can
provide such assistance; and
(C) a determination whether any new authorities or funds
are needed to achieve the objectives described in subsection
(a)(1).
(c) Modification of Security Assistance Authorities.--Subsection
(c) of section 1279D of the National Defense Authorization Act for
Fiscal Year 2018 (22 U.S.C. 2753 note) is amended by inserting after
paragraph (4) the following:
``(5) Command, control, communications, computers,
intelligence, surveillance, and reconnaissance (C4ISR)
equipment.''.
(d) Funding.--Subsection (f) of such section 1279D is amended--
(1) in paragraph (2), by striking ``$100,000,000'' and
inserting ``$125,000,000''; and
(2) by adding at the end the following new paragraph:
``(3) Matching amount.--The amount of assistance provided under
subsection (a) for procurement described in subsection (b) may not
exceed the aggregate amount contributed to such procurement by the
Baltic nations.''.
(e) Extension.--Subsection (g) of such section 1279D is amended by
striking ``December 31, 2020'' and inserting ``December 31, 2021''.
(f) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on Foreign
Relations, the Select Committee on Intelligence, and the Committee
on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on Foreign
Affairs, the Permanent Select Committee on Intelligence, and the
Committee on Appropriations of the House of Representatives.
SEC. 1247. EXTENSION OF AUTHORITY FOR AND REPORT ON TRAINING FOR
EASTERN EUROPEAN NATIONAL SECURITY FORCES IN THE COURSE OF MULTILATERAL
EXERCISES.
(a) Extension.--Subsection (h) of section 1251 of the National
Defense Authorization Act for Fiscal Year 2016 (10 U.S.C. 333 note) is
amended--
(1) in the first sentence, by striking ``December 31, 2020''
and inserting ``December 31, 2021''; and
(2) in the second sentence, by striking ``for for the period
beginning on October 1, 2015, and ending on December 31, 2020'' and
inserting ``for the period beginning on October 1, 2015, and ending
on December 31, 2021''.
(b) Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation
with the Commander of United States European Command, shall submit
to the congressional defense committees a report on the authority
for training Eastern European national security forces in the
course of multilateral exercises under the authority of such
section.
(2) Matters to be included.--The report required by paragraph
(1) shall include the following:
(A) For each recipient country, a description of--
(i) the training provided pursuant to such authority
beginning in fiscal year 2016; and
(ii) payments of incremental expenses incurred by the
country as the direct result of such training.
(B) A description of the elements of the U.S. European
Command theater campaign plan advanced by such authority.
(C) An assessment whether the training and payment of the
incremental expenses incurred by each recipient country as the
direct result of participation in such training could be
provided pursuant to other training or security cooperation
authorities of the Department of Defense.
(D) Any recommendations of the Secretary of Defense
regarding such authority.
(E) Any other matter the Secretary of Defense considers
appropriate.
SEC. 1248. EXTENSION AND MODIFICATION OF NATO SPECIAL OPERATIONS
HEADQUARTERS.
(a) Authorization.--Subsection (a) of section 1244 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2541) is amended by striking ``2020'' and inserting ``2024''.
(b) Repeal of Certification; Limitation.--Such section is amended--
(1) by striking subsection (c); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Limitation.--Of the amounts made available under subsection
(a) for fiscal year 2020, not more than 90 percent of such amounts may
be obligated or expended until the Secretary of Defense, acting through
the Assistant Secretary of Defense for Special Operations and Low
Intensity Conflict, submits to the congressional defense committees a
report on the decision to realign responsibilities for overseeing and
supporting NSHQ from U.S. Special Operations Command to U.S. European
Command, including--
``(1) a justification and description of the impact of such
realignment; and
``(2) a description of how such realignment will strengthen the
role of the NSHQ in fostering special operations capabilities
within NATO.''.
(c) Annual Report.--Such section, as so amended, is further amended
by adding at the end the following new subsection:
``(d) Annual Report.--Not later than March 1 of each year until
2024, the Secretary of Defense shall submit to the congressional
defense committees and the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of Representatives a
report regarding support for the NSHQ. Each report shall include the
following:
``(1) The total amount of funding provided by the United States
and other NATO nations to the NSHQ for operating costs of the NSHQ.
``(2) A description of the activities carried out with such
funding, including--
``(A) the amount of funding allocated for each such
activity;
``(B) the extent to which other NATO nations participate in
each such activity;
``(C) the extent to which each such activity is carried out
in coordination or cooperation with the Joint Special
Operations University;
``(D) the extent to which each such activity is carried out
in relation to other security cooperation activities,
exercises, or operations of the Department of Defense;
``(E) the extent to which each such activity is designed to
meet the purposes set forth in paragraphs (1) through (5) of
subsection (b); and
``(F) an assessment of the extent to which each such
activity will promote the mission of the NSHQ.
``(3) Other contributions, financial or in kind, provided by
the United States and other NATO nations in support of the NSHQ.
``(4) Any other matters that the Secretary of Defense considers
appropriate.''.
SEC. 1249. NORTH ATLANTIC TREATY ORGANIZATION JOINT FORCE COMMAND.
(a) In General.--Subchapter II of chapter 138 of title 10, United
States Code, is amended by adding at the end the following new section:
``Sec. 2350n North Atlantic Treaty Organization Joint Force Command
``(a) Authorization.--The Secretary of Defense shall authorize the
establishment of, and the participation by members of the armed forces
in, the North Atlantic Treaty Organization Joint Force Command (in this
section referred to as the `Joint Force Command'), to be established in
the United States.
``(b) Use of Department of Defense Facilities and Equipment.--The
Secretary may use facilities and equipment of the Department of Defense
to support the Joint Force Command.
``(c) Availability of Funds.--Amounts authorized to be appropriated
to the Department of Defense shall be available to carry out the
purposes of this section.''.
(b) Conforming Amendment.--The table of sections at the beginning
of subchapter II of chapter 138 of title 10, United States Code, is
amended by adding at the end the following new item:
``2350n. North Atlantic Treaty Organization Joint Force Command.''.
SEC. 1250. REPORT ON NORTH ATLANTIC TREATY ORGANIZATION READINESS
INITIATIVE.
(a) Report.--Not later than October 1, 2020, the Secretary of
Defense shall submit to the congressional defense committees a report
on the North Atlantic Treaty Organization (NATO) Readiness Initiative,
which shall include assessments of the following:
(1) The number of units North Atlantic Treaty Organization
allies have pledged against the benchmark to provide an additional
30 air attack squadrons, 30 naval combat vessels, and 30 mechanized
battalions ready to fight in not more than 30 days.
(2) The procedure by which the North Atlantic Treaty
Organization certifies, reports, and ensures that the Supreme
Allied Commander Europe (SACEUR) maintains a detailed understanding
of the readiness of the forces described in paragraph (1).
(3) The North Atlantic Treaty Organization plan to maintain the
readiness of such forces in future years.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
SEC. 1250A. REPEAL OF PROHIBITION ON TRANSFER OF ARTICLES ON THE UNITED
STATES MUNITIONS LIST TO THE REPUBLIC OF CYPRUS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) allowing for the export, re-export or transfer of arms
subject to the United States Munitions List (part 121 of title 22,
Code of Federal Regulations) to the Republic of Cyprus would
advance United States security interests in Europe by helping to
reduce the dependence of the Government of the Republic of Cyprus
on other countries, including countries that pose challenges to
United States interests around the world, for defense-related
materiel; and
(2) it is in the interest of the United States to continue to
support United Nations-facilitated efforts toward a comprehensive
solution to the division of Cyprus.
(b) Modification of Prohibition.--Section 620C(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2373(e)) is amended--
(1) in paragraph (1), by striking ``Any agreement'' and
inserting ``Except as provided in paragraph (3), any agreement'';
and
(2) by adding at the end the following new paragraph:
``(3) The requirement under paragraph (1) shall not apply to any
sale or other provision of any defense article or defense service to
Cyprus if the end-user of such defense article or defense service is
the Government of the Republic of Cyprus.''.
(c) Exclusion of the Government of the Republic of Cyprus From
Certain Related Regulations.--
(1) In general.--Subject to subsection (d) and except as
provided in paragraph (2), beginning on the date of the enactment
of this Act, the Secretary of State shall not apply a policy of
denial for exports, re-exports, or transfers of defense articles
and defense services destined for or originating in the Republic of
Cyprus if--
(A) the request is made by or on behalf of the Government
of the Republic of Cyprus; and
(B) the end-user of such defense articles or defense
services is the Government of the Republic of Cyprus.
(2) Exception.--This exclusion shall not apply to any denial
based upon credible human rights concerns.
(d) Limitations on the Transfer of Articles on the United States
Munitions List to the Republic of Cyprus.--
(1) In general.--The policy of denial for exports, re-exports,
or transfers of defense articles on the United States Munitions
List to the Republic of Cyprus shall remain in place unless the
President determines and certifies to the appropriate congressional
committees not less than annually that--
(A) the Government of the Republic of Cyprus is continuing
to cooperate with the United States Government in efforts to
implement reforms on anti-money laundering regulations and
financial regulatory oversight; and
(B) the Government of the Republic of Cyprus has made and
is continuing to take the steps necessary to deny Russian
military vessels access to ports for refueling and servicing.
(2) Waiver.--The President may waive the limitations contained
in this subsection for one fiscal year if the President determines
that it is essential to the national security interests of the
United States to do so.
(3) Appropriate congressional committees defined.--In this
section, the term ``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives.
Subtitle F--Matters Relating to the Indo-Pacific Region
SEC. 1251. MODIFICATION OF INDO-PACIFIC MARITIME SECURITY INITIATIVE.
(a) Types of Assistance and Training.--Subsection (c)(2)(A) of
section 1263 of the National Defense Authorization Act for Fiscal Year
2016 (10 U.S.C. 2282 note) is amended by inserting ``the law of armed
conflict, the rule of law, and'' after ``respect for''.
(b) Notice to Congress on Assistance and Training.--Subsection
(g)(1) of such section is amended--
(1) in subparagraph (A), by inserting at the end before the
period the following: ``, the specific unit or units whose capacity
to engage in activities under a program of assistance or training
to be provided under subsection (a) will be built under the
program, and the amount, type, and purpose of the support to be
provided'';
(2) by redesignating subparagraph (F) as subparagraph (J); and
(3) by inserting after subparagraph (E) the following new
subparagraphs:
``(F) Information, including the amount, type, and purpose,
on assistance and training provided under subsection (a) during
the three preceding fiscal years, if applicable.
``(G) A description of the elements of the theater campaign
plan of the geographic combatant command concerned and the
interagency integrated country strategy that will be advanced
by the assistance and training provided under subsection (a).
``(H) A description of whether assistance and training
provided under subsection (a) could be provided pursuant to--
``(i) section 333 of title 10, United States Code, or
other security cooperation authorities of the Department of
Defense; or
``(ii) security cooperation authorities of the
Department of State.
``(I) An identification of each such authority described in
subparagraph (H).''.
(c) Annual Monitoring Reports.--Such section is amended--
(1) by redesignating subsection (h) as subsection (j); and
(2) by inserting after subsection (g) the following new
subsection:
``(h) Annual Monitoring Reports.--
``(1) In general.--Not later than March 1, 2020, and annually
thereafter, the Secretary of Defense shall submit to the
appropriate committees of Congress a report setting forth, for the
preceding calendar year, the following:
``(A) An assessment, by recipient foreign country, of--
``(i) the country's capabilities relating to maritime
security and maritime domain awareness;
``(ii) the country's capability enhancement priorities,
including how such priorities relate to the theater
campaign strategy, country plan, and theater campaign plan
relating to maritime security and maritime domain
awareness;
``(B) A discussion, by recipient foreign country, of--
``(i) priority capabilities that the Department of
Defense plans to enhance under the authority under
subsection (a) and priority capabilities the Department
plans to enhance under separate United States security
cooperation and security assistance authorities; and
``(ii) the anticipated timeline for assistance and
training for each such capability.
``(C) Information, by recipient foreign country, on the
status of funds allocated for assistance and training provided
under subsection (a), including funds allocated but not yet
obligated or expended.
``(D) Information, by recipient foreign country, on the
delivery and use of assistance and training provided under
subsection (a).
``(E) Information, by recipient foreign country, on the
timeliness of the provision of assistance and training under
subsection (a) as compared to the timeliness of the provision
of assistance and training previously provided to the foreign
country under subsection (a).
``(F) A description of the reasons the Department of
Defense chose to utilize the authority for assistance and
training under subsection (a) in the preceding calendar year.
``(G) An explanation of any impediments to timely
obligation or expenditure of funds allocated for assistance and
training under subsection (a) or any significant delay in the
delivery of such assistance and training.
``(2) Appropriate committees of congress defined.--In this
subsection, the term `appropriate committees of Congress' has the
meaning given the term in subsection (g)(2).''.
(d) Limitation.--Such section, as so amended, is further amended by
inserting after subsection (h), as added by subsection (c)(2), the
following:
``(i) Limitation.--The provision of assistance and training
pursuant to a program under subsection (a) shall be subject to the
provisions of section 383 of title 10, United States Code.''.
SEC. 1252. EXPANSION OF INDO-PACIFIC MARITIME SECURITY INITIATIVE AND
LIMITATION ON USE OF FUNDS.
(a) Expansion of Recipient Countries.--Subsection (b) of section
1263 of the National Defense Authorization Act for Fiscal Year 2016 (10
U.S.C. 333 note) is amended by adding at the end the following new
paragraphs:
``(8) The Federated States of Micronesia.
``(9) The Independent State of Samoa.
``(10) The Kingdom of Tonga.
``(11) Papua New Guinea.
``(12) The Republic of Fiji.
``(13) The Republic of Kiribati.
``(14) The Republic of the Marshall Islands.
``(15) The Republic of Nauru.
``(16) The Republic of Palau.
``(17) The Republic of Vanuatu.
``(18) The Solomon Islands.
``(19) Tuvalu.''.
(b) Limitation on Use of Funds.--
(1) In general.--None of the funds authorized to be
appropriated for the Indo-Pacific Maritime Security Initiative
under such section may be obligated or expended to provide training
or assistance to a recipient country described in any of paragraphs
(8) through (19) of subsection (b) of such section until the date
on which the Secretary of Defense, with the concurrence of the
Secretary of State, submits to the appropriate committees of
Congress a report on security cooperation with and security
assistance to such countries.
(2) Report.--The report referred to in paragraph (1) shall
include the following:
(A) An identification of elements of the theater campaign
plan of the geographic combatant command concerned and the
interagency integrated country strategy that will be advanced
by expansion of security cooperation and assistance programs
and activities to such recipient countries.
(B) An assessment of the capabilities, and a description of
the capability enhancement priorities, of each such country.
(C) A description of the manner in which United States
security cooperation and assistance authorities, including
assistance provided pursuant to other security cooperation
authorities of the Department of Defense or security assistance
authorities of the Department of State, may be used to enhance
the priority capabilities of each such country.
(D) A description, as appropriate, of the manner in which
the Secretary of Defense, together with the Secretary of State,
shall ensure that security cooperation with and security
assistance to such countries complement regional engagement
efforts undertaken by United States allies, including the
Pacific Step-Up efforts of the Government of Australia and the
``Pacific Reset'' efforts of the Government of New Zealand.
(E) A description of absorption capacity and sustainability
issues for each such country and a plan to resolve such issues.
(F) An identification of the estimated annual cost for such
assistance and training for fiscal years 2020 through 2025.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations and the Subcommittee on
State, Foreign Operations, and Related Programs of the Committee on
Appropriations of the Senate; and
(3) the Committee on Foreign Affairs and the Subcommittee on
State, Foreign Operations, and Related Programs of the Committee on
Appropriations of the House of Representatives.
SEC. 1253. REPORT ON RESOURCING UNITED STATES DEFENSE REQUIREMENTS FOR
THE INDO-PACIFIC REGION AND STUDY ON COMPETITIVE STRATEGIES.
(a) Report Required.--
(1) In general.--Not later than March 15, 2020, the Commander
of United States Indo-Pacific Command shall submit to the
congressional defense committees a report containing the
independent assessment of the Commander with respect to the
activities and resources required, for fiscal years 2022 through
2026, to achieve the following objectives:
(A) The implementation of the National Defense Strategy
with respect to the Indo-Pacific region.
(B) The maintenance or restoration of the comparative
military advantage of the United States with respect to the
People's Republic of China.
(C) The reduction of the risk of executing contingency
plans of the Department of Defense.
(2) Matters to be included.--The report required under
paragraph (1) shall include the following:
(A) A description of the intended force structure and
posture of assigned and allocated forces within the area of
responsibility of United States Indo-Pacific Command for fiscal
year 2026 to achieve the objectives described in paragraph (1).
(B) An assessment of capabilities requirements to achieve
such objectives.
(C) An assessment of logistics requirements, including
personnel, equipment, supplies, storage, and maintenance needs
to achieve such objectives.
(D) An identification of required infrastructure and
military construction investments to achieve such objectives.
(E) An assessment of security cooperation activities or
resources required to achieve such objectives.
(F)(i) A plan to fully resource United States force posture
and capabilities, including--
(I) a detailed assessment of the resources necessary to
address the elements described in subparagraphs (A) through
(E), including specific cost estimates for recommended
investments or projects--
(aa) to increase joint force lethality;
(bb) to enhance force design and posture;
(cc) to support a robust exercise, experimentation,
and innovation program; and
(dd) to strengthen cooperation with allies and
partners; and
(II) a detailed timeline to achieve the intended force
structure and posture described in subparagraph (A).
(ii) The specific cost estimates required by clause (i)(I)
shall, to the maximum extent practicable, include the
following:
(I) With respect to procurement accounts--
(aa) amounts displayed by account, budget activity,
line number, line item, and line item title; and
(bb) a description of the requirements for each
such amount.
(II) With respect to research, development, test, and
evaluation accounts--
(aa) amounts displayed by account, budget activity,
line number, program element, and program element
title; and
(bb) a description of the requirements for each
such amount.
(III) With respect to operation and maintenance
accounts--
(aa) amounts displayed by account title, budget
activity title, line number, and subactivity group
title; and
(bb) a description of the specific manner in which
each such amount would be used.
(IV) With respect to military personnel accounts--
(aa) amounts displayed by account, budget activity,
budget subactivity, and budget subactivity title; and
(bb) a description of the requirements for each
such amount.
(V) With respect to each project under military
construction accounts (including unspecified minor military
construction and amounts for planning and design), the
country, location, project title, and project amount for
each fiscal year.
(VI) With respect to any expenditure or proposed
appropriation not described in subclause (I) through (V), a
level of detail equivalent or greater than the level of
detail provided in the future-years defense program
submitted pursuant to section 221(a) of title 10, United
States Code.
(3) Form.--The report required under paragraph (1) may be
submitted in classified form, but shall include an unclassified
summary.
(4) Availability.--Not later than March 15, 2020, the Commander
of United States Indo-Pacific Command shall make the report
available to the Secretary of Defense, the Under Secretary of
Defense for Policy, the Under Secretary of Defense (Comptroller),
the Director of Cost Assessment and Program Evaluation, the
Chairman of the Joint Chiefs of Staff, the Secretaries of the
military departments, and the chiefs of staff of each military
service.
(b) Briefings Required.--
(1) Initial briefing.--Not later than April 15, 2020, the
Secretary of Defense (acting through the Under Secretary of Defense
for Policy, the Under Secretary of Defense (Comptroller), and the
Director of Cost Assessment and Program Evaluation) and the
Chairman of the Joint Chiefs of Staff shall provide to the
congressional defense committees a joint briefing, and any written
comments the Secretary of Defense and the Chairman of the Joint
Chiefs of Staff consider necessary, with respect to their
assessments of the report submitted under subsection (a), including
their assessments of the feasibility and advisability of the plan
required by paragraph (2)(F) of that subsection.
(2) Subsequent briefing.--Not later than April 30, 2020, the
Secretary of the Air Force, the Secretary of the Army, and the
Secretary of the Navy shall provide to the congressional defense
committees a joint briefing, and documents as appropriate, with
respect to their assessments of the report submitted under
subsection (a), including their assessments of the feasibility and
advisability of the plan required by paragraph (2)(F) of that
subsection.
(c) Study on Competitive Strategies With Respect to the People's
Republic of China.--
(1) In general.--The Secretary of Defense, acting through the
Director of the Office of Net Assessment, shall conduct a study on
not fewer than three possible long-term competitive strategies with
respect to the People's Republic of China that focuses on the
identification of opportunities to shape strategic competition to
the advantage of the United States.
(2) Report.--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 the results of the study required
under paragraph (1).
SEC. 1254. LIMITATION ON USE OF FUNDS TO REDUCE THE TOTAL NUMBER OF
MEMBERS OF THE ARMED FORCES SERVING ON ACTIVE DUTY WHO ARE DEPLOYED TO
SOUTH KOREA.
None of the funds authorized to be appropriated by this Act may be
used to reduce the total number of members of the Armed Forces serving
on active duty who are deployed to South Korea below 28,500 until 90
days after the date on which the Secretary of Defense certifies to the
congressional defense committees the following:
(1) Such a reduction is in the national security interest of
the United States and will not significantly undermine the security
of United States allies in the region.
(2) The Secretary has appropriately consulted with allies of
the United States, including South Korea and Japan, regarding such
a reduction.
SEC. 1255. REPORT ON DIRECT, INDIRECT, AND BURDEN-SHARING CONTRIBUTIONS
OF JAPAN AND SOUTH KOREA.
(a) In General.--Not later than the date agreed to in accordance
with subsection (e)(2), the Comptroller General of the United States
shall submit to the appropriate congressional committees a report on
the direct, indirect, and burden-sharing contributions of Japan and
South Korea to support overseas military installations of the United
States and United States Armed Forces deployed to or permanently
stationed in Japan and South Korea, respectively.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) The benefits to United States national security and
regional security derived from the forward presence of the Armed
Forces in the Indo-Pacific region, including Japan and South Korea.
(2) For calendar year 2016 and each subsequent calendar year,
the overall cost for the presence of the Armed Forces in Japan and
South Korea and the breakdown of such costs between the United
States and the respective host nations.
(3) For calendar year 2016 and each subsequent calendar year, a
description of the one-time and recurring costs associated with the
presence of the Armed Forces in Japan and South Korea, including--
(A) costs to relocate the Armed Forces within Japan and
South Korea and to realign the Armed Forces from Japan and
South Korea;
(B) military personnel costs;
(C) operation and maintenance costs; and
(D) military construction costs.
(4) A description of direct, indirect, and burden-sharing
contributions of Japan and South Korea, including--
(A) contributions for labor costs associated with the
presence of the Armed Forces;
(B) contributions to military construction projects of the
Department of Defense, including planning, design,
environmental reviews, construction, construction management
costs, rents on privately-owned land, facilities, labor,
utilities, and vicinity improvements;
(C) contributions such as loan guarantees on public-private
venture housing and payment-in-kind for facilities returned to
Japan and South Korea;
(D) contributions accepted for labor, logistics, utilities,
facilities, and any other purpose; and
(E) other contributions, such as Camp Humphreys and the
Futenma Replacement Facility, as determined appropriate by the
Comptroller General.
(5) The methodology and accounting procedures used to measure
and track direct, indirect, and burden-sharing contributions made
by Japan and South Korea.
(c) Description of Contributions in United States Dollars.--The
report required by subsection (a) shall describe the direct, indirect,
and burden-sharing contributions of Japan and South Korea in United
States dollars and shall specify the exchange rates used to determine
the United States dollar value of such contributions.
(d) Form.--The report required by subsection (a) shall be submitted
in unclassified form without any designation relating to dissemination
control, but may contain a classified annex.
(e) Briefing.--Not later than March 2, 2020, the Comptroller
General shall provide to the appropriate congressional committees an
interim briefing--
(1) on the status of the report and initial findings; and
(2) to agree on the date on which to submit the report required
by subsection (a).
(f) Support From the Department of Defense.--The Secretary of
Defense shall provide the Comptroller General with timely access to the
appropriate information, data, and analyses necessary to fulfill the
requirement under subsection (a) in a timely, thorough, and independent
manner.
(g) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives.
SEC. 1256. SENSE OF CONGRESS ON SECURITY COMMITMENTS TO THE GOVERNMENTS
OF JAPAN AND THE REPUBLIC OF KOREA AND TRILATERAL COOPERATION AMONG THE
UNITED STATES, JAPAN, AND THE REPUBLIC OF KOREA.
It is the sense of Congress that--
(1) the United States remains committed to its alliances with
Japan and the Republic of Korea, which are--
(A) essential to the peace and stability in the Indo-
Pacific region; and
(B) based on the shared values of democracy, the rule of
law, free and open markets, and respect for human rights;
(2) cooperation among the United States, Japan, and the
Republic of Korea is essential for confronting regional and global
challenges, including--
(A) preventing the proliferation of weapons of mass
destruction;
(B) combating piracy;
(C) assisting victims of conflict and disaster worldwide;
(D) protecting maritime security; and
(E) ensuring freedom of navigation, commerce, and
overflight in the Indo-Pacific region;
(3) the United States, Japan, and the Republic of Korea share
deep concern that the nuclear and ballistic missile programs, the
conventional military capabilities, and the chemical and biological
weapons programs of the Democratic People's Republic of Korea,
together with the long history of aggression and provocation by the
Democratic People's Republic of Korea, pose grave threats to peace
and stability on the Korean Peninsula and in the Indo-Pacific
region;
(4) the United States views security cooperation between Japan
and the Republic of Korea as essential to maintaining peace and
stability in the Indo-Pacific region, promoting mutual interests,
and addressing shared concerns;
(5) the bilateral military intelligence-sharing pact between
Japan and the Republic of Korea, signed on November 23, 2016, and
the trilateral intelligence sharing agreement among the United
States, Japan, and the Republic of Korea, signed on December 29,
2015, are critical to security in the Indo-Pacific region and
should be maintained; and
(6) recognizing that the security of the United States, Japan,
and the Republic of Korea are intertwined by common threats,
including from the Democratic People's Republic of Korea, the
United States strongly encourages--
(A) strengthened bilateral security ties between Japan and
the Republic of Korea; and
(B) deeper trilateral defense coordination and cooperation,
including through expanded exercises, training, senior-level
exchanges, and information sharing.
SEC. 1257. SENSE OF CONGRESS ON NORTH KOREA.
It is the sense of Congress that--
(1) diplomacy, economic sanctions, and credible deterrence are
essential to address North Korea's illicit weapons of mass
destruction program and the conventional threat that North Korea
poses to United States forces on the Korean Peninsula and to United
States allies in the region;
(2) North Korea's recent missile tests are destabilizing,
increase regional tensions, and run counter to the spirit of
diplomatic negotiations;
(3) every effort should be made to deter actions by North Korea
that could lead to a military confrontation, which would pose
extreme risks to--
(A) United States military personnel;
(B) noncombatants, including United States citizens and
citizens of United States allies; and
(C) regional security;
(4) a sustained and credible diplomatic process based on
concrete measures to achieve the denuclearization of North Korea
and an eventual end to the Korean War should be pursued;
(5) continued actions by North Korea that run counter to
diplomatic negotiations call into question North Korea's intentions
and commitment to a diplomatic solution; and
(6) until such time as North Korea no longer poses a threat to
the United States or United States allies, the United States
should, in concert with such allies, continue to deter North Korea
through credible defense and deterrence posture.
SEC. 1258. STATEMENT OF POLICY AND SENSE OF CONGRESS ON, AND STRATEGY
TO FULFILL OBLIGATIONS UNDER, MUTUAL DEFENSE TREATY WITH THE REPUBLIC
OF THE PHILIPPINES.
(a) Statement of Policy.--It is the policy of the United States
that--
(1) while the United States has long adopted an approach that
takes no position on the ultimate disposition of the disputed
sovereignty claims in the South China Sea, disputing states
should--
(A) resolve their disputes peacefully without the threat or
use of force; and
(B) ensure that their maritime claims are consistent with
international law; and
(2) an armed attack on the armed forces, public vessels, or
aircraft of the Republic of the Philippines in the Pacific,
including the South China Sea, would trigger the mutual defense
obligations of the United States under Article IV of the Mutual
Defense Treaty ``to meet common dangers in accordance with its
constitutional processes''.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of State and the Secretary of Defense should--
(1) affirm the commitment of the United States to the Mutual
Defense Treaty;
(2) preserve and strengthen the military alliance of the United
States with the Republic of the Philippines;
(3) prioritize efforts to develop a shared understanding of
alliance commitments and defense planning; and
(4) provide appropriate support to the Republic of the
Philippines to strengthen the self-defense capabilities of the
Republic of the Philippines, particularly in the maritime domain.
(c) Strategy Required.--
(1) In general.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense, in consultation
with the Secretary of State, shall submit to the appropriate
committees of Congress a report that sets forth the strategy of the
Department of Defense for achieving the objectives described in
subsection (b).
(2) Elements of strategy.--The strategy required by paragraph
(1) shall include the following:
(A) A description of the national security interests and
objectives of the United States furthered by the Mutual Defense
Treaty.
(B) A description of the regional security environment,
including--
(i) an assessment of threats to both the United States
and the Republic of the Philippines national security
interests in the region and the role of the Department in
addressing such threats;
(ii) a description of the strategic security challenges
that are detrimental to regional peace and global
stability, including challenges posed by the People's
Republic of China, violent extremist organizations, and
natural disasters; and
(iii) a description of each violent extremist
organization that presents a threat to the Republic of the
Philippines, including, with respect to each such
organization--
(I) the primary objectives of the organization;
(II) an assessment of--
(aa) the capacity and capability of the
organization;
(bb) the transnational threat posed by the
organization;
(cc) recent trends in the capability and
influence of the organization;
(dd) the potential for the organization to
reconstitute, expand, or otherwise pose a
significant transnational threat; and
(ee) the conditions that contribute to efforts
of the organization to reconstitute, expand, or
pose such a threat; and
(III) a description of the metrics used to assess
the capability and influence of the organization.
(C) A description of Department objectives with the
Republic of the Philippines, including--
(i) the benchmarks for assessing progress towards such
objectives; and
(ii) the Department strategy to achieve such
objectives, including through--
(I) defense cooperation;
(II) use of security cooperation authorities; and
(III) other support or activities in the Republic
of the Philippines.
(D) An identification of all current and planned Department
resources, programs, and activities to support the strategy
required by paragraph (1), including a review of the necessity
of an ongoing named operation and the criteria used to
determine such necessity.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
(2) Mutual defense treaty.--The term ``Mutual Defense Treaty''
means the Mutual Defense Treaty between the Republic of the
Philippines and the United States of America, done at Washington
August 30, 1951.
SEC. 1259. REPORT ON SECURITY COOPERATION WITH THE PHILIPPINE NATIONAL
POLICE.
(a) Report.--Not later than 150 days after the date of the
enactment of this Act, the Secretary of Defense, in concurrence with
the Secretary of State, shall submit to the appropriate congressional
committees a report concerning security sector assistance programs with
the Philippine National Police.
(b) Matters to Be Included.--The report required by subsection (a)
shall include the following:
(1) A description of current and planned security sector
assistance programs with the Philippine National Police.
(2) The purpose, objectives, and type of training, equipment,
or assistance provided under each such program or activity.
(3) An identification of the lead agency responsible for each
such program or activity.
(4) An identification of the authority or authorities under
which each such program or activity is conducted.
(5) A description of the process and criteria used to determine
utilization of each such authority or authorities.
(6) A description of how each such program or activity advances
United States national security interests as it relates to the
Department's strategy regarding the Philippines.
(7) An identification of the specific units of the Philippine
National Police to receive training, equipment, or assistance under
each such program.
(8) A description of the process and criteria by which specific
units of the Philippine National Police are selected as recipients
of such programs and activities, including an assessment of the
comparative value of working with units of law enforcement and
units of the military forces of the Philippines.
(9) An assessment of the current operational effectiveness of
such units and a description of the metrics used to make such
assessment.
(10) An identification of priority capabilities of such units
to enhance through training, equipment, or assistance under each
such program or activity.
(11) A plan to identify, monitor, track, and assess the ability
of each such program or activity to meet each of the objectives
described pursuant to paragraph (2) to enhance the capabilities of
each such unit.
(12) An identification of any units of the Philippine National
Police that are determined or credibly alleged to have committed
human rights abuses.
(13) A description of the relationship between any units of the
Philippine National Police identified pursuant to paragraph (12)
and any unit identified pursuant to paragraph (7).
(14) A description of the current or previous role, if any, of
each unit identified pursuant to paragraph (7) in the anti-drug
campaign.
(15) An assessment of the ability of the United States to
identify the units described in paragraph (12).
(16) Any other matters the Secretary of Defense determines
should be included.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form without any designation relating to dissemination
control, but may contain a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives.
SEC. 1260. MODIFICATION OF ANNUAL REPORT ON MILITARY AND SECURITY
DEVELOPMENTS INVOLVING THE PEOPLE'S REPUBLIC OF CHINA.
(a) Modification to Annual Report Requirements.--Section 1202 of
the National Defense Authorization Act for Fiscal Year 2000 (10 U.S.C.
113 note) is amended as follows:
(1) In subsection (a), by inserting ``, in consultation with
the heads of other Federal departments and agencies as
appropriate,'' after ``the Secretary of Defense''.
(2) In subsection (b)--
(A) by amending paragraph (26) to read as follows:
``(26) The relationship between Chinese overseas investment,
including the Belt and Road Initiative, the Digital Silk Road, and
any state-owned or controlled digital or physical infrastructure
projects of China, and Chinese security and military strategy
objectives, including--
``(A) an assessment of the Chinese investments or projects
likely, or with significant potential, to be converted into
military assets of China;
``(B) an assessment of the Chinese investments or projects
of greatest concern with respect to United States national
security interests;
``(C) a description of any Chinese investment or project
located in another country that is linked to military
cooperation with such country, such as cooperation on satellite
navigation or arms production;
``(D) an assessment of any Chinese investment, project, or
associated agreement in or with another country that presents
significant financial risk for the country or may undermine the
sovereignty of such country; and
``(E) an assessment of the implications for United States
military or governmental interests related to denial of access,
compromised intelligence activities, and network advantages of
Chinese investments or projects in other countries.''; and
(B) by adding at the end the following:
``(29) Developments relating to the China Coast Guard,
including an assessment of--
``(A) how the change in the Guard's command structure to
report to China's Central Military Commission affects the
Guard's status as a law enforcement entity;
``(B) the implications of such command structure with
respect to the use of the Guard as a coercive tool to conduct
`gray zone' activities in the East China Sea and the South
China Sea; and
``(C) how the change in such command structure may affect
interactions between the Guard and the United States Navy.
``(30) An assessment of the military-to-military relations
between China and Russia, including an identification of mutual and
competing interests.
``(31) An assessment of China's expansion of its surveillance
state, including--
``(A) any correlation of such expansion with its oppression
of its citizens or its threat to United States national
security interests around the world; and
``(B) an overview of the extent to which such surveillance
corresponds to an overall respect, or lack thereof, for human
rights in China, especially for religious and ethnic
minorities.''.
(3) In subsection (c)--
(A) by striking ``and the'' each place it appears and
inserting ``, the'';
(B) in paragraph (1), by striking ``of the Senate.'' and
inserting ``, and the Select Committee on Intelligence of the
Senate.''; and
(C) in paragraph (2), by striking ``Committee on
International Relations of the House of Representatives.'' and
inserting ``Committee on Foreign Affairs, and the Permanent
Select Committee on Intelligence of the House of
Representatives.''
(b) Additional Defined Term.--Such section 1202, as so amended, is
further amended by adding at the end the following:
``(d) State-owned or Controlled Digital or Physical Infrastructure
Project of China.--
``(1) In general.--For purposes of subsection (b)(26), the term
`state-owned or controlled digital or physical infrastructure
project of China' means a transportation, energy, or information
technology infrastructure project that is--
``(A) owned, controlled, under the direct or indirect
influence of, or subsidized by--
``(i) the Government of the People's Republic of China,
including any agency within such Government and any
subdivision or other unit of government at any level of
jurisdiction within China;
``(ii) any agent or instrumentality of such Government,
including such agencies or subdivisions; or
``(iii) the Chinese Communist Party; or
``(B) a project of any Chinese company operating in a
sector identified as a strategic industry in the Chinese
Government's `Made in China 2025' strategy to make China a
`manufacturing power' as a core national interest.
``(2) Owned; controlled.--For purposes paragraph (1)(A), with
respect to a project--
``(A) the term `owned' means a majority or controlling
interest, whether by value or voting interest, in that project,
including through fiduciaries, agents, or other means; and
``(B) the term `controlled' means the power by any means to
determine or influence, directly or indirectly, important
matters affecting the project, regardless of the level of
ownership and whether or not that power is exercised.''.
SEC. 1260A. REPORT ON FOREIGN MILITARY ACTIVITIES IN PACIFIC ISLAND
COUNTRIES.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Under Secretary of Defense for Intelligence,
in coordination with the Director of the Defense Intelligence Agency
and the Director of National Intelligence, shall submit to the
congressional defense committees a report specifying and analyzing--
(1) strategic interests of foreign militaries in Pacific Island
countries, known or emerging foreign partnerships or alliances with
non-Pacific Island countries, and foreign military training,
exercises, or operations in the region, excluding with countries
who are members of the Southeast Asia Treaty Organization;
(2) gaps in intelligence collection capabilities and activities
that prevent or may prevent a comprehensive understanding of
current intelligence assessments for Pacific Island countries; and
(3) plans to overcome any current intelligence collection
deficiencies, including an analysis of both United States and
allied and partner intelligence collection capabilities and
activities.
(b) Pacific Island Country Defined.--In this section, the term
``Pacific Island country'' includes any of the following countries: The
Republic of Fiji, the Republic Kiribati, the Marshall Islands, the
Federated States of Micronesia, the Republic of Nauru, the Republic of
Palau, the Independent State of Samoa, the Solomon Islands, the Kingdom
of Tonga, Tuvalu, and the Republic of Vanuatu.
SEC. 1260B. REPORT ON CYBERSECURITY ACTIVITIES WITH TAIWAN.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the congressional defense
committees a report on the following:
(1) The feasibility of establishing a high-level, interagency
United States-Taiwan working group for coordinating responses to
emerging issues related to cybersecurity.
(2) A discussion of the Department of Defense's current and
future plans to engage with Taiwan in cybersecurity activities.
(3) A discussion of obstacles encountered in forming,
executing, or implementing agreements with Taiwan for cybersecurity
activities.
(4) Any other matters the Secretary of Defense determines
should be included.
SEC. 1260C. REVIEW AND REPORT RELATED TO THE TAIWAN RELATIONS ACT.
(a) Review.--The Secretary of Defense, in coordination with the
Secretary of State, shall conduct a review of--
(1) whether, and the means by which, as applicable, the
Government of the People's Republic of China or the Chinese
Communist Party are affecting, including through military,
economic, information, digital, diplomatic, or any other form of
coercion--
(A) the security, or the social and economic system, of the
people of Taiwan;
(B) the military balance of power between the People's
Republic of China and Taiwan; or
(C) the expectation that the future of Taiwan will continue
to be determined by peaceful means; and
(2) the role of United States policy toward Taiwan with respect
to the implementation of the 2017 National Security Strategy and
the 2018 National Defense Strategy.
(b) Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination
with the Secretary of State, shall provide to the appropriate
committees of Congress a report on the review under subsection (a).
(2) Matters to be included.--The report under paragraph (1)
shall include the following:
(A) The assessments resulting from the review.
(B) Recommendations on legislative changes or Department of
Defense or Department of State policy changes necessary to
ensure that the United States continues to meets its
obligations to Taiwan under the Taiwan Relations Act (22 U.S.C.
3301 et seq.).
(C) Guidelines for--
(i) new defense requirements, including requirements
relating to information and digital space;
(ii) exchanges between senior-level civilian and
military officials of the United States and Taiwan; and
(iii) the regular transfer of defense articles,
especially defense articles that are mobile, survivable,
and cost effective, to most effectively deter attacks and
support the asymmetric defense strategy of Taiwan.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1260D. SENSE OF CONGRESS ON ENHANCEMENT OF THE UNITED STATES-
TAIWAN DEFENSE RELATIONSHIP.
It is the sense of Congress that--
(1) Taiwan is a vital partner of the United States and is
critical to a free and open Indo-Pacific region;
(2) the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and the
``Six Assurances'' are both cornerstones of United States relations
with Taiwan;
(3) the United States should continue to strengthen defense and
security cooperation with Taiwan to support the development of
capable, ready, and modern defense forces necessary for Taiwan to
maintain a sufficient self-defense capability;
(4) consistent with the Taiwan Relations Act (22 U.S.C. 3301 et
seq.), the United States should strongly support the acquisition by
Taiwan of defense articles and services through foreign military
sales, direct commercial sales, and industrial cooperation, with an
emphasis on anti-ship, coastal defense, anti-armor, air defense,
defensive naval mining, and resilient command and control
capabilities that support the asymmetric defense strategy of
Taiwan;
(5) the President and Congress should determine the nature and
quantity of such defense articles and services based solely upon
their judgment of the needs of Taiwan, as required by the Taiwan
Relations Act and in accordance with procedures established by law;
(6) the United States should continue efforts to improve the
predictability of United States arms sales to Taiwan by ensuring
timely review of and response to requests of Taiwan for defense
articles and services;
(7) the Secretary of Defense should promote policies concerning
exchanges that enhance the security of Taiwan, including--
(A) opportunities with Taiwan for practical training and
military exercises that--
(i) enable Taiwan to maintain a sufficient self-defense
capability, as described in section 3(a) of the Taiwan
Relations Act (22 U.S.C. 3302(a)); and
(ii) emphasize capabilities consistent with the
asymmetric defense strategy of Taiwan;
(B) exchanges between senior defense officials and general
officers of the United States and Taiwan, consistent with the
Taiwan Travel Act (Public Law 115-135), especially for the
purpose of enhancing cooperation on defense planning and
improving the interoperability of United States and Taiwan
forces; and
(C) opportunities for exchanges between junior officers and
senior enlisted personnel of the United States and Taiwan;
(8) the United States and Taiwan should expand cooperation in
humanitarian assistance and disaster relief;
(9) the Secretary of Defense should consider options, including
exercises and ship visits, as appropriate, to expand the scale and
scope of humanitarian assistance and disaster response cooperation
with Taiwan and other regional partners so as to improve disaster
response planning and preparedness; and
(10) the Secretary of Defense should continue regular transits
of United States Navy vessels through the Taiwan Strait, commend
the armed forces of France for their April 6, 2019, legal transit
of the Taiwan Strait, and encourage allies and partners to follow
suit in conducting such transits, in order to demonstrate the
commitment of the United States and its allies and partners to fly,
sail, and operate anywhere international law allows.
SEC. 1260E. CHINESE FOREIGN DIRECT INVESTMENT IN COUNTRIES OF THE
ARCTIC REGION.
(a) Independent Study.--
(1) In general.--Not later than 45 days after the date of
enactment of this Act, the Secretary of Defense shall seek to enter
into a contract with a federally-funded research and development
center described in paragraph (2) to complete an independent study
of Chinese foreign direct investment in countries of the Arctic
region, with a focus on the effects of such foreign direct
investment on United States national security and near-peer
competition in the Arctic region.
(2) Federally-funded research and development center
described.--A federally-funded research and development center
described in this paragraph is a federally-funded research and
development center that--
(A) has access to relevant data and demonstrated data-sets
regarding foreign direct investment in the Arctic region; and
(B) has access to policy experts throughout the United
States and the Arctic region.
(b) Elements.--The study required by subsection (a) shall include
the following:
(1) Projects in the Arctic that are directly or indirectly
funded by public and private Chinese entities, to--
(A) build public infrastructure;
(B) finance infrastructure;
(C) lease mineral and oil and gas leases;
(D) purchase real estate;
(E) extract or process, including smelting, minerals and
oil and gas;
(F) engage in shipping or to own and operate or construct
shipping infrastructure, including ship construction;
(G) lay undersea cables; and
(H) manufacture, own or operate telecommunications
capabilities and infrastructure.
(2) An analysis of the legal environment in which Chinese
foreign direct investment are occurring in the United States,
Russia, Canada, Greenland, Norway, and Iceland. The analysis should
include--
(A) an assessment of the efficacy of mechanisms for
screening foreign direct investment in the United States,
Russia, Canada, Greenland, Norway, and Iceland;
(B) an assessment of the degree to which there is
transparency in Chinese foreign direct investment in countries
of the Arctic region;
(C) an assessment of the criteria used to assess potential
Chinese foreign direct investment in countries of the Arctic
region;
(D) an assessment of the efficacy of methods for monitoring
approved Chinese foreign direct investment in countries of the
Arctic region; and
(E) an assessment of public reporting of the decision to
approve such Chinese foreign direct investment.
(3) A comparison of Chinese foreign direct investment in
countries of the Arctic region to other countries with major
investments in such countries, including India, Japan, South Korea,
the Netherlands, and France.
(4) An assessment of the environmental impact of past Chinese
investments in oil and gas, mineral, and infrastructure projects in
the Arctic region, including the degree to which Chinese investors
are required to comply with local environmental laws and post bonds
to assure remediation if a project becomes bankrupt.
(5) A review of the 2018 Chinese Arctic Policy and other
relevant public and nonpublic Chinese policy documents to determine
the following:
(A) China's strategic objectives in the Arctic region from
a military, economic, territorial, and political perspective.
(B) China's goals in the Arctic region with respect to its
relations with the United States and Russia, including the
degree to which activities of China in the region are an
extension of China's strategic competition with the United
States.
(C) Whether any active or planned infrastructure
investments are likely to result in a regular presence of
Chinese military vessels or the establishment of military bases
in the Arctic region.
(D) The extent to which Chinese research activities in the
Arctic region are a front for economic activities, including
illegal economic espionage, intelligence gathering, and support
for future Chinese military activities in the region.
(E) The degree to which Arctic littoral states are
susceptible to the political and economic risks of unregulated
foreign direct investment.
(F) The vulnerability of semi-autonomous regions, such as
tribal lands, to Chinese foreign direct investment, including
the influence of legal controls and political or economic
manipulation with respect to such vulnerability.
(G) The implications of China's Arctic development and
participation model with respect to forecasting China's
military, economy, territorial, and political activities.
(6) Policy and legislative recommendations to enhance the
position of the United States in affairs of the Arctic region,
including--
(A) recommendations for how the United States would best
interact with nongovernmental organizations such as the World
Bank, Arctic Council, United Nations General Assembly, and
International Maritime Organization;
(B) recommendations to pursue or not pursue the formation
of an Arctic Development Bank and, if pursued, how to organize,
fund, and operate the bank;
(C) measures the United States can take to promote regional
governance and eliminate the soft-power influence from Chinese
foreign direct investment, in particular, steps where the
United States and Russia should cooperate; and
(D) the possibility of negotiating a regional arrangement
to regulate foreign direct investment in countries of the
Arctic region.
(c) Report to Department of Defense.--Not later than 720 days after
the date of the enactment of this Act, the federally-funded research
and development center with respect to which the Secretary of Defense
has entered into a contract under subsection (a) shall submit to the
Secretary a report containing the study under subsections (a) and (b).
(d) Report to Congress.--Not later than 750 days after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees the report under subsection (c),
without change.
(e) Appropriate Congressional Committee Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations and the Committee on
Commerce, Science, and Transportation of the Senate; and
(3) the Committee on Foreign Affairs and the Committee on
Transportation and Infrastructure of the House of Representatives.
SEC. 1260F. SENSE OF CONGRESS ON POLICY TOWARD HONG KONG.
It is the sense of Congress that--
(1) Congress stands unequivocally with the people of Hong Kong
as they defend their rights and freedoms and preserve their
autonomy against the People's Republic of China;
(2) the Government of the People's Republic of China should--
(A) abide fully by its commitments in the Sino-British
Joint Declaration of 1984 to allow the people of Hong Kong a
high degree of autonomy to govern Hong Kong;
(B) adhere fully to Hong Kong's Basic Law of 1997; and
(C) immediately cease and desist in its interference in the
political and legal affairs of Hong Kong;
(3) the decision of authorities of the Hong Kong Special
Autonomous Region in September 2019 to fully withdraw the proposed
amendments to the Fugitive Offenders Ordinance of Hong Kong is a
necessary first step and should be followed by efforts to resolve
the remaining demands raised by protestors who represent a broad
cross-section of Hong Kong, which are that authorities--
(A) drop all charges against individuals who have been
arrested for participating in political protests;
(B) retract the proclamation that the protests were riots;
(C) establish a thorough and independent investigation into
police brutality; and
(D) implement genuine universal suffrage for the election
of the Chief Executive and all Legislative Council members of
Hong Kong;
(4) the United States should--
(A) work with like-minded countries to stand with the
people of Hong Kong;
(B) encourage more responsible behavior by the People's
Republic of China; and
(C) impose consequences in the event that the authorities
of the People's Republic of China and Hong Kong continue to
violate fundamental agreements regarding the autonomy of Hong
Kong;
(5) the People's Republic of China should refrain from use of
any organization within the military, paramilitary, or law
enforcement apparatus of the People's Republic of China to engage
in violent suppression in Hong Kong;
(6) in the event of use of force by the Government of the
People's Republic of China against protestors in Hong Kong,
Congress will recommend swift action by the United States,
including--
(A) a fundamental reevaluation of the special treatment of
Hong Kong under the Hong Kong Policy Act of 1992 (Public Law
102-383; 106 Stat. 1448) and other United States law,
particularly in areas of law in which the People's Republic of
China is exploiting Hong Kong to the detriment of United States
interests and values; and
(B) coordinated actions with like-minded countries to
impose meaningful costs on the People's Republic of China,
including the imposition of sanctions, travel restrictions, and
other actions against responsible senior officials in the
Chinese Communist Party, the People's Liberation Army, and the
People's Armed Police; and
(7) if at any point the Government of Hong Kong implements
legislation that affects, directly or indirectly, the interests of
the United States with respect to an agreement the United States
maintains with Hong Kong, including a future reconsideration of
amendments to the Fugitive Offenders Ordinance of Hong Kong, the
United States should conduct a full review of all relevant
agreements between the United States and Hong Kong and make
necessary adjustments to those agreements to safeguard United
States interests.
SEC. 1260G. SENSE OF CONGRESS ON ENHANCING DEFENSE AND SECURITY
COOPERATION WITH THE REPUBLIC OF SINGAPORE.
It is the sense of Congress that--
(1) the United States and the Republic of Singapore have built
a strong, enduring, and forward-looking strategic partnership based
on long-standing and mutually beneficial cooperation, including
through security, defense, economic, and people-to-people ties;
(2) robust security cooperation between the United States and
the Republic of Singapore is crucial to promoting peace and
stability in the Indo-Pacific region;
(3) the status of the Republic of Singapore as a major security
cooperation partner of the United States, as recognized in the 2005
Strategic Framework Agreement between the United States and the
Republic of Singapore for a Closer Partnership in Defense and
Security, plays an important role in the global network of
strategic partnerships, especially in promoting maritime security
and countering terrorism;
(4) the United States values the Republic of Singapore's
provision of access to its military facilities, which supports the
continued security presence of the United States in Southeast Asia
and across the Indo-Pacific region;
(5) the United States should continue to welcome the presence
of the military forces of the Republic of Singapore in the United
States for exercises and training, and should consider
opportunities to expand such activities at additional locations in
the United States, as appropriate; and
(6) as the United States and the Republic of Singapore have
renewed the 1990 Memorandum of Understanding Regarding the United
States Use of Facilities in Singapore, the United States should--
(A) continue to enhance defense and security cooperation
with the Republic of Singapore to promote peace and stability
in the Indo-Pacific region based on common interests and shared
values;
(B) reinforce the status of the Republic of Singapore as a
major security cooperation partner of the United States; and
(C) explore additional steps to better facilitate
interoperability between the United States Armed Forces and the
military forces of the Republic of Singapore to promote peace
and stability in the Indo-Pacific region.
SEC. 1260H. AUTHORITY TO TRANSFER FUNDS FOR BIEN HOA DIOXIN CLEANUP.
(a) Transfer Authority.--Notwithstanding section 2215 of title 10,
United States Code, the Secretary of Defense may transfer to the
Secretary of State, for use by the United States Agency for
International Development, amounts to be used for the Bien Hoa dioxin
cleanup in Vietnam.
(b) Limitation on Amount.--Not more than $15,000,000 may be
transferred in fiscal year 2020 under the transfer authority in
subsection (a).
(c) Additional Transfer Authority.--The transfer authority in
subsection (a) is in addition to any other transfer authority available
to the Department of Defense.
(d) Notice on Exercise of Authority.--If the Secretary of Defense
determines to use the transfer authority in subsection (a), the
Secretary shall notify the congressional defense committees of that
determination not later than 30 days before the Secretary uses the
transfer authority.
SEC. 1260I. LIMITATION ON REMOVAL OF HUAWEI TECHNOLOGIES CO. LTD. FROM
ENTITY LIST OF BUREAU OF INDUSTRY AND SECURITY.
(a) In General.--The Secretary of Commerce may not remove Huawei
Technologies Co. Ltd. or any of its affiliates (in this section
collectively referred to as ``Huawei'') from the entity list unless and
until the Secretary certifies to the appropriate congressional
committees that--
(1) Huawei has sufficiently resolved or settled the charges
that were the basis for the addition of Huawei to the entity list
in a manner that is consistent with the standards for the removal
of an entity from the entity list under the Export Administration
Regulations;
(2) Huawei has sufficiently resolved or settled any other
charges that Huawei violated sanctions imposed by the United
States;
(3) regulations have been implemented that sufficiently
restrict exporting to, and importing from, the United States items
that would pose a national security threat to telecommunications
systems in the United States; and
(4) the Department of Commerce has mitigated, to the maximum
extent possible, other threats to the national security of the
United States posed by Huawei.
(b) Report.--
(1) In general.--Not later than 60 days after the date of the
enactment of this Act, and annually thereafter, the Secretary of
Commerce shall submit to the appropriate congressional committees a
report on licenses issued for exports to Huawei.
(2) Matters to be included.--For each such license, the report
required by paragraph (1) shall describe--
(A) the items authorized for export;
(B) the end-uses of the items;
(C) the identities of the companies granted the license;
and
(D) how the approval of the license is consistent with the
national security licensing policy set forth in the Export
Administration Regulations.
(3) Disclosure by appropriate congressional committees.--
Subclause (ii) of section 1761(h)(2)(B) of the Export Control
Reform Act of 2018 (50 U.S.C. 4820(h)(2)(B)) shall apply with
respect to information in a report received by the appropriate
congressional committees under paragraph (1) to the same extent and
in the same manner as such subclause (ii) applies with respect to
information made available under subclause (i) of such section
1761(h)(2)(B).
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Banking, Housing, and Urban Affairs
and the Select Committee on Intelligence of the Senate; and
(B) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(2) Entity list.--The term ``entity list'' means the list
maintained by the Bureau of Industry and Security and set forth in
Supplement No. 4 to part 744 of title 15, Code of Federal
Regulations.
(3) Export administration regulations.--The term ``Export
Administration Regulations'' means subchapter C of chapter VII of
title 15, Code of Federal Regulations.
SEC. 1260J. REPORT ON ZTE COMPLIANCE WITH SUPERSEDING SETTLEMENT
AGREEMENT AND SUPERSEDING ORDER.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the President shall
submit to Congress a report on the compliance of Zhongxing
Telecommunications Equipment Corporation (ZTE Corporation) and ZTE
Kangxun Telecommunications Ltd. (ZTE Kangxun) (collectively, ``ZTE'')
with the Superseding Settlement Agreement and Superseding Order reached
with the Department of Commerce on June 8, 2018.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form and publicly accessible, but may include a
classified annex.
SEC. 1260K. REPORT ON THE LAY-DOWN OF UNITED STATES MARINES IN THE
INDO-PACIFIC REGION.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the implementation of the
planned distributed lay-down of members of the United States Marine
Corps in Okinawa, Guam, Hawaii, Australia, and other locations.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the relationship between the planned
distributed lay-down in the Indo-Pacific region and the
implementation of the National Defense Strategy with respect to
such region.
(2) An assessment of the impact of the planned distributed lay-
down on the ability of the Armed Forces to respond to current and
future contingencies in the area of responsibility of United States
Indo-Pacific Command that reflects contingency plans of the
Department of Defense.
(3) A description of--
(A) the implementation timeline for the planned distributed
lay-down; and
(B) progress made on the planned distributed lay-down, as
compared with such timeline.
(4) A description of the adequacy of current and expected
training resources at each location associated with the planned
distributed lay-down, including--
(A) the ability to train against the full spectrum of
threats from near-peer or peer threats; and
(B) any projected limitation due to political,
environmental, or other limiting factors.
(5) A description of sustainment concepts to support the
planned distributed lay-down, including an assessment of the manner
in which the planned distributed lay-down will impact logistics and
sustainment requirements in support of contingency plans of the
Department of Defense.
(6) An updated and detailed description of any military
construction projects required to execute the distributed lay-down.
(7) A description of any recommended revision to the current
implementation plan, including any recommended new investment
associated with any such revision relating to basing, access, and
prepositioning in the Indo-Pacific region.
Subtitle G--Other Matters
SEC. 1261. MODIFICATION TO REPORT ON LEGAL AND POLICY FRAMEWORKS FOR
THE USE OF MILITARY FORCE.
Section 1264 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1689) is amended--
(1) in the heading for subsection (a), by striking ``Initial''
and inserting ``Annual'';
(2) in subsection (a)(1), by striking ``90 days after the date
of the enactment of this Act'' and inserting ``March 1 of each
year'';
(3) in subsection (a)(2), by striking ``during the period'' and
all that follows to the end and inserting: ``from the preceding
year, including--
``(A) a list of all foreign forces, irregular forces,
groups, or individuals for which a determination has been made
that force could legally be used under the Authorization for
Use of Military Force (Public Law 107-40), including--
``(i) the legal and factual basis for such
determination; and
``(ii) a description of whether force has been used
against each such foreign force, irregular force, group, or
individual; and
``(B) the criteria and any changes to the criteria for
designating a foreign force, irregular force, group, or
individual as lawfully targetable, as a high value target, and
as formally or functionally a member of a group covered under
the Authorization for Use of Military Force.''; and
(4) in subsection (c), by adding at the end the following:
``The unclassified portion of each report shall, at a minimum,
include each change made to the legal and policy frameworks during
the preceding year and the legal, factual, and policy
justifications for such changes, and shall be made available to the
public at the same time it is submitted to the appropriate
congressional committees.''.
SEC. 1262. INDEPENDENT REVIEW OF SUFFICIENCY OF RESOURCES AVAILABLE TO
UNITED STATES SOUTHERN COMMAND AND UNITED STATES AFRICA COMMAND.
(a) In General.--The Secretary of Defense shall seek to enter into
a contract with a not-for-profit entity or federally funded research
and development center independent of the Department of Defense to
conduct a review of the sufficiency of resources available to United
States Southern Command and United States Africa Command to carry out
their respective missions in support of United States national security
objectives.
(b) Matters to Be Included.--The review described in subsection (a)
shall include--
(1) a review of current and emerging United States national
security interests in the United States Southern Command and United
States Africa Command areas of responsibilities;
(2) a review of the National Defense Strategy and its
implications for United States presence and activities in the
United States Southern Command and United States Africa Command
areas of responsibilities;
(3) a comparative analysis of the National Defense Strategy and
the Theater Campaign Plans of United States Southern Command and
United States Africa Command, which shall include a description of
differences, if any, between the guidance and objectives outlined
in the National Defense Strategy and those of the respective
Theater Campaign Plans;
(4) a review of the sufficiency of the resources available to
United States Southern Command and United States Africa Command,
including personnel, human resources, and financial resources as
well as other non-Department of Defense resources available to
United States Southern Command and United States Africa Command, in
promoting United States national security interests;
(5) an assessment of the level of regional expertise and
experience of the leadership of each such combatant command and
their subordinate organizations, service components, and task
forces, to include personnel from agencies other than the
Department of Defense;
(6) a description of the strategic objectives and end states in
the geographic region for which each such combatant command has
responsibility and a comparison of the importance and priority of
the resources available to each such combatant command to perform
its mission; and
(7) an assessment of the ability of each such combatant command
to carry out their respective missions based on available
resources, including non-Department of Defense resources.
(c) Access to Information.--The not-for-profit entity or federally
funded research and development center with which the Secretary enters
into the contract under subsection (a) shall have full and direct
access to all information related to resources available to United
States Southern Command and United States Africa Command.
(d) Report.--
(1) In general.--The Secretary of Defense shall require, as a
term of the contract entered into under subsection (a), that not
later than 240 days after the date of the enactment of this Act,
the not-for-profit entity or federally funded research and
development center with which the Secretary of Defense enters into
the contract under subsection (a) shall submit to the Secretary of
Defense, the Secretary of State, and the Administrator of the
United States Agency for International Development a report that
contains the assessment required by subsection (a).
(2) Submission to congress.--Not later than 1 year after the
date of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees--
(A) a copy of such report without change; and
(B) any comments the Secretary of Defense considers
appropriate.
SEC. 1263. UNITED STATES CENTRAL COMMAND POSTURE ASSESSMENT AND REVIEW.
(a) Assessment and Review Required.--
(1) In general.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to enter
into an agreement with a federally funded research and development
center to conduct an independent assessment and comprehensive
review of United States military force posture and capabilities in
the United States Central Command area of responsibility for the
purpose of clarifying and evolving United States military force
posture and basing throughout such area of responsibility in
accordance with the strategic guidance of the National Defense
Strategy during the posture review period.
(2) Matters to be included.--The assessment and review
conducted under paragraph (1) shall include, for the posture review
period, the following:
(A) An assessment of the threats and challenges in the
United States Central Command area of responsibility, including
threats and challenges posed to United States interests by
near-peer competitors.
(B) An explanation of the policy and strategic frameworks
for addressing the threats and challenges identified under
subparagraph (A).
(C) An identification of current and future United States
military force posture and capabilities necessary to counter
threats, deter conflict, and defend United States national
security interests in the United States Central Command area of
responsibility.
(D) An assessment of threats and vulnerabilities to current
basing, posture, and readiness in the United States Central
Command area of responsibility.
(E) An assessment of the basing, cooperative security
locations, and other infrastructure necessary to support steady
state operations in support of the theater campaign plan and
potential contingencies that may arise in or affect the United
States Central Command area of responsibility, including any
potential efficiencies and risk mitigation measures to be
taken.
(F) An assessment of the risks and tradeoffs to United
States Central Command priorities resulting from the
reorientation of resources toward National Defense Strategy
priorities and a description of methods to mitigate any
negative impact of such reorientation.
(G) An explanation of the manner in which a modernized
global operating model or dynamic force employment approach may
yield efficiencies and increase strategic flexibility while
achieving United States military objectives in the United
States Central Command area of responsibility.
(H) An articulation of the United States nonmilitary
efforts and activities necessary to enable the achievement of
United States national security interests in the United States
Central Command area of responsibility.
(I) Any other matter considered relevant.
(b) Results.--The federally funded research and development center
concerned shall submit to the Secretary the results of the assessment
and review under subsection (a), which shall include the following:
(1) Considerations and recommendations for improving posture,
basing, and readiness in the United States Central Command area of
responsibility.
(2) Alternative basing and posture options to reduce costs,
enhance readiness, improve posture, and align with National Defense
Strategy priorities.
(3) Any legislative recommendations--
(A) to support and facilitate National Defense Strategy
implementation with respect to United States Central Command;
and
(B) to modernize or improve basing, posture, and readiness
in the United States Central Command area of responsibility.
(c) Submittal to Congress.--
(1) In general.--Not later than July 1, 2020, the Secretary
shall submit to the congressional defense committees an unaltered
copy of the results under subsection (b), together with the written
perspectives of the Secretary and the Chairman of the Joint Chiefs
of Staff with respect to such results.
(2) Form.--The submission under paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
(d) Posture Review Period Defined.--In this section, the term
``posture review period'' means the period beginning on the date that
is five years after the date of the enactment of this Act and ending on
the date that is 15 years after such date of enactment.
SEC. 1264. LIMITATION ON PRODUCTION OF NUCLEAR PROLIFERATION ASSESSMENT
STATEMENTS.
(a) Limitation.--The Secretary of State may not provide to the
President, and the President may not submit to Congress, a Nuclear
Proliferation Assessment Statement described in subsection a. of
section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) with
respect to a proposed cooperation agreement with any country that has
not signed and implemented an Additional Protocol with the
International Atomic Energy Agency, other than a country with which, as
of June 19, 2019, there is in effect a civilian nuclear cooperation
agreement pursuant to such section 123.
(b) Waiver.--The limitation under subsection (a) shall be waived
with respect to a particular country beginning on the date that is 90
days after the date on which the President submits to the appropriate
congressional committees a report describing the manner in which such
agreement would advance the national security and defense interests of
the United States and not contribute to the proliferation of nuclear
weapons.
(c) Form.--The report described in subsection (b) shall be
submitted in unclassified form but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1265. WESTERN HEMISPHERE RESOURCE ASSESSMENT.
(a) In General.--The Secretary of Defense shall seek to enter into
a contract with an independent, non-governmental institute described in
section 501(c)(3) of the Internal Revenue Code of 1986, and exempt from
tax under section 501(a) of such Code, that has recognized credentials
and expertise in national security and military affairs to conduct an
accounting of and an assessment of the sufficiency of resources
available to the United States Southern Command (SOUTHCOM), United
States Northern Command (NORTHCOM), Department of State, and United
States Agency for International Development (USAID) to carry out their
respective missions in the Western Hemisphere.
(b) Matters to Be Included.--The assessment described in subsection
(a) shall include each of the following:
(1) An accounting and description of the funds available to
SOUTHCOM, NORTHCOM, the Department of State, and USAID.
(2) A list of bilateral and multilateral military training and
exercises with allies and partner countries in the Western
Hemisphere.
(3) A description of the security force activities of the
United States in the Western Hemisphere.
(4) A description of the activities of the Departments of State
and Defense in addressing security challenges in the Western
Hemisphere.
(5) Cyber domain activities of the United States and those
actions in concert with allied and partner countries in the Western
Hemisphere.
(6) A description of the funding for all international military
education and training programs.
(7) An overview of all foreign military sales and foreign
military financing programs with partner countries in the Western
Hemisphere.
(8) A list of investments, programs, or partnerships in the
Western Hemisphere by China, Iran, Russia, or other adversarial
groups or countries that threaten the national security of the
United States.
(9) Recommendations for actions the Department of Defense, the
Department of State, and USAID could take to advance United States
national security interests in the Western Hemisphere.
(c) Access to Information.--The independent, non-governmental
institute described in subsection (a) with which the Secretary enters
into a contract pursuant to such subsection shall have full and direct
access to all information related to resources available to SOUTHCOM,
NORTHCOM, the Department of State, and USAID.
(d) Reports Required.--
(1) Report of assessment.--The Secretary of Defense shall
include as a term in the contract entered into pursuant to
subsection (a) that the independent, non-governmental institute
shall submit to the Secretary of Defense, the Secretary of State,
and the Administrator of the USAID a report containing the
assessment described in such subsection not later than 240 days
after the date of the enactment of this Act.
(2) Report to congress.--Not later than 1 year after the date
of the enactment of this Act, the Secretary of Defense shall submit
to the appropriate congressional committees a report that
includes--
(A) an unedited copy of the report submitted in accordance
to paragraph (1); and
(B) any comments, changes, recommendations, or other
information of the Secretary of Defense, the Secretary of
State, and the Administrator of the United States Agency for
International Development determine appropriate that relates to
the assessment required by subsection (a) and contained in such
report.
(3) Form.--The report required by paragraph (2) shall be
submitted in unclassified form but may include a classified annex.
(e) Appropriate Congressional Committees Defined.--The term
``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the House
of Representatives.
SEC. 1266. HUMAN RIGHTS IN BRAZIL.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of State, shall submit to the appropriate congressional
committees a report that includes the following:
(1) A description of the security cooperation relationship
between the United States and Brazil, including a description of
United States objectives, any ongoing or planned security
cooperation activities with the military forces of Brazil, and an
identification of priority capabilities of the military forces of
Brazil that the Department could enhance.
(2) An assessment of the capabilities of the military forces of
Brazil.
(3) A description of the human rights climate in Brazil, an
assessment of the Brazilian military forces' adherence to human
rights, and a description of any ongoing or planned cooperative
activities between the United States and Brazil focused on human
rights.
(4) An identification of any Brazilian military and security
force units that are determined or credibly alleged to have engaged
in human rights violations and have received or purchased United
States equipment or training.
(5) A description of the manner and extent to which a security
cooperation strategy between the United States and Brazil could
address any human rights abuses identified pursuant to paragraph
(3) or (4), encourage accountability, and promote reform through
training on human rights, rule of law, and rules of engagement.
(6) Any other matter the Secretary determines to be relevant.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1267. CERTIFICATION RELATING TO ASSISTANCE FOR GUATEMALA.
(a) In General.--Prior to the transfer of any vehicles by the
Department of Defense to a joint task force of the Ministry of Defense
or the Ministry of the Interior of Guatemala during fiscal year 2020,
the Secretary of Defense shall certify to the appropriate congressional
committees that such ministries have made a credible commitment to use
such equipment only for the uses for which they were intended.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the House
of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.
SEC. 1268. INDEPENDENT ANALYSIS OF HUMAN RIGHTS SITUATION IN HONDURAS.
(a) Analysis Required.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall select and
enter into an agreement with an independent think tank or a
federally funded research and development center to conduct an
analysis of the compliance of the military and security forces of
Honduras with international human rights laws and standards.
(2) Matters to be included.--The analysis under paragraph (1)
shall include the following:
(A) A description of the military-to-military activities
between the United States and Honduras, including the manner in
which Department of Defense engagement with the military and
security forces of Honduras supports the National Defense
Strategy.
(B) An analysis of the activities of the military and
security forces of Honduras with respect to human rights
activists, including--
(i) a description of the processes and procedures of
the Department to identify human rights violations; and
(ii) an analysis of whether such processes and
procedures comply with Department policy on adherence to
human rights and international law.
(C) With respect to United States national security
interests, an analysis of the challenges posed by corruption
within the military and security forces of Honduras,
including--
(i) an analysis of participation, if any, by the
military and security forces of Honduras in illegal
narcotics trafficking activities; and
(ii) the processes and procedures within the military
and security forces of Honduras to ensure accountability
for such activities.
(D) An analysis of--
(i) the security cooperation provided to Honduras by
the Department during the 3-year period preceding the date
of the enactment of this Act; and
(ii) the extent to which such cooperation has improved
accountability, transparency, and compliance to
international human rights laws and standards in the
security and military operations of the Government of
Honduras.
(E)(i) An identification of the units of the military and
security forces of Honduras trained by the Department.
(ii) An analysis of the role such units have had, if any,
in the training, deployment, and command of the Military Police
for Public Order (PMOP) in Honduras.
(F) An analysis of the security cooperation of the
Department with military intelligence and special forces units
of Honduras.
(G) An analysis of the relative importance of providing
development assistance to Honduras to achieve United States
national security objectives, including countering the
proliferation of illegal narcotics flows through Honduras.
(H) Recommendations on the development of future security
cooperation with Honduras that prioritizes--
(i) compliance of the military and security forces of
Honduras with human rights laws and standards;
(ii) citizen security; and
(iii) the advancement of United States national
security interests with respect to countering the
proliferation of illegal narcotics flows through Honduras.
(I) Any other matters the Secretary considers necessary and
relevant to United States national security interests.
(b) Report.--Not later than 270 days after the date of the
enactment of this Act, the entity selected under subsection (a) shall
submit to the appropriate committees of Congress a report on the
results of the analysis conducted under that subsection.
(c) Department of Defense Support.--The Secretary shall provide the
entity selected under subsection (a) with timely access to appropriate
information, data, and analyses necessary to carry out such analysis in
a thorough and independent manner.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1269. BRIEFING ON STRATEGY TO IMPROVE THE EFFORTS OF THE NIGERIAN
MILITARY TO PREVENT, MITIGATE, AND RESPOND TO CIVILIAN HARM.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense and the Secretary of State shall jointly
provide to the congressional defense committees, the Committee on
Foreign Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives a briefing on--
(1) the current strategy to improve defense institutions and
security sector forces in Nigeria required by section 1279A of the
National Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 131 Stat. 1701);
(2) any efforts planned or under way to assist the Nigerian
military to improve its efforts to prevent, mitigate, and respond
to civilian harm;
(3) an assessment of the effectiveness of such training; and
(4) an overall assessment of efforts by the Government of
Nigeria to improve civilian protection, accountability for human
rights violations, and transparency in the defense institutions and
security sector force.
SEC. 1270. REPORT ON IMPLICATIONS OF CHINESE MILITARY PRESENCE IN
DJIBOUTI.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report that contains a comprehensive
strategy to address security concerns posed by the Chinese People's
Liberation Army Support Base in Djibouti to United States military
installations and logistics chains in sub-Saharan Africa and the Middle
East.
(b) Matters to Be Included.--The report required by subsection (a)
shall include the following:
(1) An assessment of the potential military, intelligence, and
logistical threats facing regional United States military
infrastructure, supply chains, and operations due to Chinese
military presence in Djibouti and a description of any efforts to
mitigate such threats.
(2) An assessment of Djibouti's Chinese-held public debt as
well as any other potential means of Chinese economic coercion, and
a description of the strategic vulnerabilities posed to the United
States if China moves to claim the Port of Djibouti or other key
logistical assets in repayment.
(3) A description of the specific operational challenges facing
the United States military in the Horn of Africa and the Middle
East in the event that access to the Port of Djibouti becomes
limited or lost in its entirety, as well as a description of any
contingency plans in the event of such scenarios.
(4) An identification of the measures in place to mitigate risk
of escalation between United States and Chinese military assets in
Djibouti or any additional mechanisms that may be advisable.
(5) Any other matters the Secretary of Defense considers
appropriate.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 1271. RULE OF CONSTRUCTION ON THE PERMANENT STATIONING OF UNITED
STATES ARMED FORCES IN SOMALIA.
Nothing in this Act may be construed to authorize the permanent
stationing of members of the Armed Forces in Somalia.
SEC. 1272. DEFENSE AND DIPLOMATIC STRATEGY FOR LIBYA.
(a) Report Required.--Not later than 270 days after the date of
enactment of this Act, the Secretary of Defense and the Secretary of
State shall jointly submit to the appropriate congressional committees
a report that contains a description of the United States defense and
diplomatic strategy for Libya.
(b) Elements.--The report required by subsection (a) shall include
the following elements:
(1) An explanation of the defense and diplomatic strategy for
Libya, including a description of the ends, ways, and means
inherent to the strategy, and the role of the Armed Forces in
supporting the strategy.
(2) An explanation of the policy and legal authorities of the
Department of Defense and the Department of State required to
support the strategy.
(3) A detailed description of Department of Defense security
partnerships with Libyan actors.
(4) A detailed description of Libyan and external security
actors and an assessment of how those actors advance or undermine
stability in Libya and United States strategic interests in Libya,
including United States interests in a political settlement to the
conflict in Libya.
(5) A detailed description of the military activities of
external actors in Libya, including assessments of whether those
activities--
(A) have undermined progress towards stabilization of
Libya, including the United Nations-led negotiations;
(B) involve United States-origin equipment and violate
contractual conditions of acceptable use of such equipment; or
(C) violate or seek to violate the United Nations arms
embargo on Libya imposed pursuant to United Nations Security
Council Resolution 1970 (2011).
(6) A description of any plans to integrate the United States
defense and diplomatic resources necessary to implement the
strategy.
(7) Any other matters the Secretaries considers appropriate.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on Foreign
Relations, and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on Foreign
Affairs, and the Committee on Appropriations of the House of
Representatives.
SEC. 1273. PROHIBITION ON IN-FLIGHT REFUELING TO NON-UNITED STATES
AIRCRAFT THAT ENGAGE IN HOSTILITIES IN THE ONGOING CIVIL WAR IN YEMEN.
For the two-year period beginning on the date of the enactment of
this Act, the Department of Defense may not provide in-flight refueling
pursuant to section 2342 of title 10, United States Code, or any other
applicable statutory authority, to non-United States aircraft that
engage in hostilities in the ongoing civil war in Yemen unless and
until a declaration of war or a specific statutory authorization for
such use of United States Armed Forces has been enacted.
SEC. 1274. REPORT ON SAUDI-LED COALITION STRIKES IN YEMEN.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter for two years, the
Secretary of Defense, in consultation with the Secretary of State and
the Director of National Intelligence, shall submit to the appropriate
congressional committees a report on civilian casualties caused by the
Saudi-led coalition and by the Houthis as part of the civil war in
Yemen.
(b) Matters to Be Included.--Each such report shall contain the
following:
(1) An estimate of the number of civilian casualties resulting
from operations by the Saudi-led coalition and by the Houthis
during the preceding year.
(2) An assessment of whether members of the Saudi-led coalition
and the Houthis followed the norms and practices the United States
military employs to avoid civilian casualties and ensure
proportionality.
(3) An assessment of whether operations executed by members of
the Saudi-led coalition and by the Houthis are in compliance with
the United States' interpretation of the laws governing armed
conflict and proportionality.
(4) Any other matters the Secretary determines to be relevant.
(c) Appropriate Congressional Committee Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations and the Select Committee
on Intelligence of the Senate; and
(3) the Committee on Foreign Affairs and the Permanent Select
Committee on Intelligence of the House of Representatives.
SEC. 1275. REPORTS ON EXPENSES INCURRED FOR IN-FLIGHT REFUELING OF
SAUDI COALITION AIRCRAFT CONDUCTING MISSIONS RELATING TO CIVIL WAR IN
YEMEN.
(a) Reports Required.--
(1) In general.--Not later than 30 days after the date of the
enactment of this Act, and every 30 days thereafter, the Secretary
of Defense shall submit a report to the appropriate committees of
Congress detailing the expenses incurred by the United States in
providing in-flight refueling services for Saudi or Saudi-led
coalition non-United States aircraft conducting missions as part of
the civil war in Yemen during the period of March 1, 2015, through
November 11, 2018, and the extent to which such expenses have been
reimbursed by members of the Saudi-led coalition.
(2) Elements.--Each report required under paragraph (1) shall
include the following:
(A) The total expenses incurred by the United States in
providing in-flight refueling services, including fuel, flight
hours, and other applicable expenses, to Saudi or Saudi-led
coalition, non-United States aircraft conducting missions as
part of the civil war in Yemen.
(B) The amount of the expenses described in subparagraph
(A) that has been reimbursed by each member of the Saudi-led
coalition.
(C) Any action taken by the United States to recoup the
remaining expenses described in subparagraph (A), including any
commitments by members of the Saudi-led coalition to reimburse
the United States for such expenses.
(3) Sunset.--The reporting requirement under paragraph (1)
shall cease to be effective on the date on which the Secretary
certifies to the appropriate committees of Congress that all
expenses incurred by the United States in providing in-flight
refueling services for Saudi or Saudi-led coalition non-United
States aircraft conducting missions as part of the civil war in
Yemen during the period of March 1, 2015, through November 11,
2018, have been reimbursed.
(b) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services of the Senate;
(2) the Committee on Armed Services of the House of
Representatives;
(3) the Committee on Foreign Relations of the Senate; and
(4) the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1276. REPORT ON SAUDI ARABIA'S HUMAN RIGHTS RECORD.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
appropriate congressional committees a report in writing that--
(1) describes the extent to which officials of the Government
of Saudi Arabia, including members of the military or security
services, are responsible for or complicit in gross violations of
internationally recognized human rights, including violations of
the human rights of journalists, bloggers, human rights defenders,
and those who support women's rights or religious freedom;
(2) describes violations of human rights in Saudi Arabia by
officials of the Government of Saudi Arabia, including against
journalists, bloggers, human rights defenders, and civil society
activists;
(3) describes United States actions to address Saudi violations
of human rights, including against journalists, bloggers, human
rights defenders, and civil society activists, including demands
for clemency review of these cases;
(4) describes any intolerant content in educational materials
published by Saudi Arabia's Ministry of Education that are used in
schools both inside Saudi Arabia and at schools throughout the
world; and
(5) describes United States actions to encourage Saudi Arabia
to retrieve and destroy materials with intolerant material and
revise teacher manuals and retrain teachers to reflect changes in
educational materials and promote tolerance.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(c) Appropriate Congressional Committees Defined.--In the section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations and the Select Committee
on Intelligence of the Senate; and
(2) the Committee on Foreign Affairs and the Permanent Select
Committee on Intelligence of the House of Representatives.
SEC. 1277. REPORT ON INTELLIGENCE COMMUNITY ASSESSMENT RELATING TO THE
KILLING OF WASHINGTON POST COLUMNIST JAMAL KHASHOGGI.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate congressional committees a report consisting
of--
(1) a determination and presentation of evidence with respect
to the advance knowledge and role of any current or former official
of the Government of Saudi Arabia or any current or former senior
Saudi political figure over the directing, ordering, or tampering
of evidence in the killing of Washington Post columnist Jamal
Khashoggi; and
(2) a list of foreign persons that the Director of National
Intelligence has high confidence--
(A) were responsible for, or complicit in, ordering,
controlling, or otherwise directing an act or acts contributing
to or causing the death of Jamal Khashoggi;
(B) knowingly and materially assisted, sponsored, or
provided financial, material, or technological support for, or
goods or services in support of, an activity described in
subparagraph (A); or
(C) impeded the impartial investigation of the killing of
Jamal Khashoggi, including through the tampering of evidence
relating to the investigation.
(b) Form.--
(1) In general.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
(2) Names of foreign persons listed.--The name of each foreign
person listed in the report described in subsection (a)(2) shall be
included in the unclassified portion of the report unless the
Director of National Intelligence determines that such disclosure
would undermine United States intelligence sources and methods or
threaten the national security interests of the United States.
(c) Defined.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(B) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
(2) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
SEC. 1278. UNITED STATES-ISRAEL COOPERATION TO COUNTER UNMANNED AERIAL
SYSTEMS.
(a) Authority to Establish Capabilities to Counter Unmanned Aerial
Systems.--
(1) In general.--The Secretary of Defense, upon request of the
Ministry of Defense of Israel and in consultation with the
Secretary of State and the Director of National Intelligence, is
authorized to carry out research, development, test, and evaluation
activities, on a joint basis with Israel, to establish capabilities
for countering unmanned aerial systems that threaten the United
States or Israel. Any activities carried out pursuant to such
authority shall be conducted in a manner that appropriately
protects sensitive technology and information and the national
security interests of the United States and Israel.
(2) Report.--The activities described in paragraph (1) and
subsection (b) may not be carried out until after the Secretary of
Defense submits to the appropriate committees of Congress a report
setting forth the following:
(A) A memorandum of agreement between the United States and
Israel regarding sharing of research and development costs for
the capabilities described in paragraph (1), and any supporting
documents.
(B) A certification that the memorandum of agreement--
(i) requires sharing of costs of projects, including
in-kind support, between the United States and Israel;
(ii) establishes a framework to negotiate the rights to
any intellectual property developed under the memorandum of
agreement; and
(iii) requires the United States Government to receive
semiannual reports on expenditure of funds, if any, by the
Government of Israel, including a description of what the
funds have been used for, when funds were expended, and an
identification of entities that expended the funds.
(b) Support in Connection With the Program.--
(1) In general.--The Secretary of Defense is authorized to
provide maintenance and sustainment support to Israel for the
research, development, test, and evaluation activities authorized
in subsection (a)(1). Such authority includes authority to install
equipment necessary to carry out such research, development, test,
and evaluation activities.
(2) Report.--Support may not be provided under paragraph (1)
until 15 days after the Secretary submits to the appropriate
committees of Congress a report setting forth a detailed
description of the support to be provided.
(3) Matching contribution.--
(A) In general.--Except as provided in subparagraph (B),
support may not be provided under this subsection unless the
Government of Israel contributes an amount not less than the
amount of support to be so provided to the program, project, or
activity for which the support is to be so provided in the
calendar year in which the support is provided.
(B) Exception.--Subject to paragraph (4), the Secretary may
use amounts available to the Secretary in excess of the amount
contributed by the Government of Israel to provide support
under this subsection for costs associated with any unique
national requirement identified by the United States with
respect to countering unmanned aerial systems.
(4) Annual limitation on amount.--The amount of support
provided under this subsection in any year may not exceed
$25,000,000.
(5) Use of certain amounts for rdt&e activities in the united
states.--Of the amount provided by the United States in support
under paragraph (1), not less than 50 percent of such amount shall
be used for research, development, test, and evaluation activities
in the United States in connection with such support.
(c) Lead Agency.--The Secretary of Defense shall designate an
appropriate research and development entity of a military department as
the lead agency of the Department of Defense in carrying out this
section.
(d) Semiannual Reports.--The Secretary of Defense shall submit to
the appropriate committees of Congress on a semiannual basis a report
that contains a copy of the most recent semiannual report provided by
the Government of Israel to the Department of Defense pursuant to
subsection (a)(2)(B)(iii).
(e) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on Foreign
Relations, the Committee on Homeland Security, the Committee on
Appropriations, and the Select Committee on Intelligence of the
Senate; and
(2) the Committee on Armed Services, the Committee on Foreign
Affairs, the Committee on Homeland Security, the Committee on
Appropriations, and the Permanent Select Committee on Intelligence
of the House of Representatives.
(f) Sunset.--The authority in this section to carry out activities
described in subsection (a), and to provide support described in
subsection (b), shall expire on December 31, 2024.
SEC. 1279. EXTENSION AND MODIFICATION OF AUTHORITY FOR UNITED STATES-
ISRAEL ANTI-TUNNEL COOPERATION ACTIVITIES.
(a) Modification of Authority.--Subsection (a) of section 1279 of
the National Defense Authorization Act for Fiscal Year 2016 (22 U.S.C.
8606 note) is amended, in the first sentence, by striking ``and to
establish capabilities for countering unmanned aerial systems''.
(b) Exception to Matching Contribution Requirement.--Subsection
(b)(3) of such section is amended--
(1) by striking ``Support'' and inserting the following:
``(A) In general.--Except as provided in subparagraph (B),
support''; and
(2) by adding at the end the following:
``(B) Exception.--Subject to paragraph (4), the Secretary
may use amounts available to the Secretary in excess of the
amount contributed by the Government of Israel to provide
support under this subsection for costs associated with any
unique national requirement identified by the United States
with respect to anti-tunnel capabilities.''.
(c) Extension.--Subsection (f) of such section is amended by
striking ``December 31, 2020'' and inserting ``December 31, 2024''.
SEC. 1280. REPORT ON COST IMPOSITION STRATEGY.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the heads of other Federal departments and agencies, as appropriate,
shall submit to the congressional defense committees a report
describing the cost imposition strategies of the Department of Defense
with respect to the People's Republic of China and the Russian
Federation.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) A description of the manner in which the future-years
defense program and current operational concepts of the Department
are designed to impose costs on the People's Republic of China and
the Russian Federation, including--
(A) political, economic, budgetary, human capital, and
technology costs; and
(B) costs associated with military efficiency and
effectiveness.
(2) A description of the policies and processes of the
Department relating to the development and execution of cost
imposition strategies.
(c) Form.--The report under subsection (a) shall be submitted in
classified form, and shall include an unclassified summary.
SEC. 1281. MODIFICATION OF INITIATIVE TO SUPPORT PROTECTION OF NATIONAL
SECURITY ACADEMIC RESEARCHERS FROM UNDUE INFLUENCE AND OTHER SECURITY
THREATS.
(a) In General.--Subsection (a) of section 1286 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232) is amended, in the matter preceding paragraph (1), by
striking ``academic institutions'' and inserting ``institutions of
higher education''.
(b) Additional Requirements.--Subsection (c) of such section is
amended--
(1) by amending paragraph (2) to read as follows:
``(2) Training developed and delivered in consultation with
institutions of higher education and appropriate Government
agencies, and other support to institutions of higher education, to
promote security and limit undue influence on institutions of
higher education and personnel, including Department of Defense
financial support to carry out such activities, that--
``(A) emphasizes best practices for protection of sensitive
national security information; and
``(B) includes the dissemination of unclassified materials
and resources for identifying and protecting against emerging
threats to institutions of higher education, including specific
counterintelligence information and advice developed
specifically for faculty and academic researchers based on
actual identified threats.'';
(2) in paragraph (3), by striking ``and academic
institutions'';
(3) in paragraph (7), by striking ``academic institution'' and
inserting ``institution of higher education''; and
(4) by adding at the end the following new paragraph:
``(8) A list, developed and continuously updated in
consultation with the Bureau of Industry and Security of the
Department of Commerce, the Director of National Intelligence,
United States institutions of higher education that conduct
significant Department of Defense research or engineering
activities, and other appropriate individuals and organizations, of
academic institutions of the People's Republic of China, the
Russian Federation, and other countries, that--
``(A) have a history of improper technology transfer,
intellectual property theft, or cyber or human espionage;
``(B) operate under the direction of the military forces or
intelligence agency of the applicable country;
``(C) are known--
``(i) to recruit foreign individuals for the purpose of
transferring knowledge to advance military or intelligence
efforts; or
``(ii) to provide misleading information or otherwise
attempt to conceal the connections of an individual or
institution to a defense or an intelligence agency of the
applicable country; or
``(D) pose a serious risk of improper technology transfer
of data, technology, or research that is not published or
publicly available.''.
(c) Procedures for Enhanced Information Sharing.--Subsection (d) of
such section is amended to read as follows:
``(d) Procedures for Enhanced Information Sharing.--
``(1) In general.--Not later than October 1, 2020, for the
purpose of maintaining appropriate security controls over research
activities, technical information, and intellectual property, the
Secretary, in conjunction with appropriate public and private
entities, shall establish streamlined procedures to collect
appropriate information relating to individuals, including United
States citizens and foreign nationals, who participate in defense
research and development activities (other than basic research).
``(2) Protection from release.--The procedures required by
paragraph (1) shall include procedures to protect such information
from release, consistent with applicable regulations.
``(3) Reporting to government information systems and
repositories.--The procedures required by paragraph (1) may include
procedures developed, in coordination with appropriate public and
private entities, to report such information to existing Government
information systems and repositories.''.
(d) Annual Report.--Subsection (e) of such section is amended--
(1) in the subsection heading, by inserting ``Annual'' before
``Report'';
(2) in paragraph (1), by striking ``one year after the date of
the enactment'' and all that follows through ``the Secretary'' and
inserting ``April 30, 2020, and annually thereafter, the Secretary,
acting through appropriate Government officials (including the
Under Secretary for Research and Engineering),''; and
(3) in paragraph (2), by adding at the end the following new
subparagraph:
``(F) Identification of any incident relating to undue
influence to security threats to academic research activities
funded by the Department of Defense, including theft of
property or intellectual property relating to a project funded
by the Department at an institution of higher education.''.
SEC. 1282. MODIFICATION OF RESPONSIBILITY FOR POLICY ON CIVILIAN
CASUALTY MATTERS.
Section 936 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 134 note) is
amended--
(1) in subsection (b)--
(A) in paragraph (3), by inserting ``appropriate to the
specific regional circumstances'' after ``publicly available
means'';
(B) in paragraph (5)--
(i) in subparagraph (A), by inserting ``, including for
acknowledging the status of any individuals killed or
injured who were believed to be enemy combatants, but
subsequently determined to be non-combatants'' after
``operations''; and
(ii) in subparagraph (B)--
(I) by inserting ``or other assistance'' after
``payments''; and
(II) by striking ``necessary'' and inserting
``reasonable and culturally appropriate''; and
(C) in paragraph (7), by striking ``and'' at the end;
(D) by redesignating paragraph (8) as paragraph (9); and
(E) by inserting after paragraph (7) the following:
``(8) cultivating, developing, retaining, and disseminating--
``(A) lessons learned for integrating civilian protection
into operational planning and identifying the proximate cause
or causes of civilian casualties; and
``(B) practices developed to prevent, mitigate, or respond
to such casualties;'';
(2) by redesignating subsection (c) as subsection (d);
(3) by inserting after subsection (b) the following:
``(c) Coordination.--The senior civilian official designated under
subsection (a) shall develop and implement steps to increase
coordination with the relevant Chiefs of Mission and other appropriate
positions in the Department of State with respect to the policies
required pursuant to subsection (a) and other matters or assistance
related to civilian harm, resulting from military operations.''; and
(4) by inserting after subsection (d), as so redesignated, the
following:
``(e) Briefing.--Not later than 180 days after the date of the
enactment of this subsection, the senior civilian official designated
under subsection (a) shall provide to the congressional defense
committees a briefing on--
``(1) the updates made to the policy developed by the senior
civilian official pursuant to this section; and
``(2) the efforts of the Department to implement such
updates.''.
SEC. 1283. REPORT ON EXPORT OF CERTAIN SATELLITES TO ENTITIES WITH
CERTAIN BENEFICIAL OWNERSHIP STRUCTURES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Commerce, in consultation with
the heads of appropriate agencies, shall submit to the appropriate
congressional committees a report on addressing the threat or potential
threat posed by the export, reexport, or in-country transfer of
satellites described in section 1261(c)(1) of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239; 22 U.S.C.
2778 note) to entities described in subsection (b).
(b) Entities Described.--
(1) In general.--An entity described in this subsection is an
entity the beneficial owner of which is--
(A) an individual who is a citizen or national of a country
described in section 1261(c)(2) of the National Defense
Authorization Act for Fiscal Year 2013;
(B) an entity organized under the laws of or otherwise
subject to the jurisdiction of such a country;
(C) the government of such a country; or
(D) any other individual or entity the Secretary determines
would detrimentally affect the national security of the United
States.
(2) Determination of beneficial ownership.--For purposes of
paragraph (1), the Secretary shall identify a person as the
beneficial owner of an entity--
(A) in a manner that is not less stringent than the manner
set forth in section 240.13d-3 of title 17, Code of Federal
Regulations (as in effect on the date of the enactment of this
Act); and
(B) based on a threshold, to be determined by the
Secretary, based on an assessment of whether the person's
position would give the person an opportunity to control the
use of a satellite described in section 1261(c)(1) of the
National Defense Authorization Act for Fiscal Year 2013 and
exported, reexported, or transferred in country to the entity.
(c) Elements.--The report required by subsection (a) shall include
the following:
(1) An evaluation of whether satellites described in section
1261(c)(1) of the National Defense Authorization Act for Fiscal
Year 2013 have been exported, reexported, or transferred in-
country, directly or indirectly, to entities described in
subsection (b).
(2) An examination of the effect on national security of the
potential export, reexport, or in-country transfer of satellites in
compliance with section 1261(c) of the National Defense
Authorization Act for Fiscal Year 2013 in circumstances in which
the services, bandwidth, or functions of the satellites could
subsequently be leased or sold to, or otherwise used by, an entity
described in subsection (b).
(3) An examination of the effect on national security of not
limiting the export, reexport, or in-country transfer of such
satellites to entities described in subsection (b).
(4) Recommendations for, and an assessment of the effectiveness
of, a licensing condition that would prohibit or limit the export,
reexport, or in-country transfer of such satellites to, or the use
of such satellites by, entities described in subsection (b).
(5) An assessment, based on realistic and justifiable
assumptions and forecasts, of the economic implications of and
potential harm caused by a licensing condition described in
paragraph (4) on the United States industries that develop or
produce satellites and commercial telecommunications equipment that
do not have direct national security ties.
(6) An evaluation of the resources necessary to ensure the
ability of the Bureau of Industry and Security of the Department of
Commerce--
(A) to adequately identify and analyze the beneficial
owners of entities in decisions relating to--
(i) issuing licenses for the export, reexport, or in-
country transfer of such satellites to such entities; or
(ii) the ultimate end uses and end-users of such
satellites; and
(B) when evaluating such a decision--
(i) to have full knowledge of the potential end-user of
the satellite and the current beneficial owner of the
entity; and
(ii) to be able to determine whether issuing the
license would be inconsistent with the goal of preventing
entities described in subsection (b) from accessing or
using such satellites.
(d) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on Banking,
Housing, and Urban Affairs, the Committee on Commerce, Science, and
Transportation, the Committee on Foreign Relations, and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee on Financial
Services, the Committee on Energy and Commerce, the Committee on
Foreign Affairs, and the Permanent Select Committee on Intelligence
of the House of Representatives.
SEC. 1284. RULE OF CONSTRUCTION RELATING TO THE USE OF MILITARY FORCE.
Nothing in this Act, or any amendment made by this Act, may be
construed to authorize the use of military force, including the use of
military force against Iran or any other country.
SEC. 1285. REPORTS AND BRIEFINGS ON USE OF MILITARY FORCE AND SUPPORT
OF PARTNER FORCES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the President
shall submit to the congressional defense committees, the Committee on
Foreign Relations of the Senate, and the Committee on Foreign Affairs
of the House of Representatives a report on actions taken pursuant to
the Authorization for Use of Military Force (Public Law 107-40) against
those countries or organizations described in such law, as well as any
actions taken to command, coordinate, participate in the movement of,
or accompany the regular or irregular military forces of any foreign
country or government when such forces are engaged in hostilities or in
situations where imminent involvement in hostilities is clearly
indicated by the circumstances, during the preceding 180-day period.
(b) Matters to Be Included.--The report required by subsection (a)
shall include, with respect to the time period for which the report was
submitted, the following:
(1) A list of each country or organization with respect to
which force has been used pursuant to the Authorization for Use of
Military Force, including the legal and factual basis for the
determination that authority under such law applies with respect to
each such country or organization.
(2) An intelligence assessment of the risk to the United States
posed by each such country or organization.
(3) A list of each country in which operations were conducted
pursuant to such law and a description of the circumstances
necessitating the use of force pursuant to such law, including
whether the country is designated as an area of active hostilities.
(4) A general description of the status of operations conducted
pursuant to such law as well as a description of the expected scope
and duration of such operations.
(5) A list of each partner force and country with respect to
which United States Armed Forces have commanded, coordinated,
participated in the movement of, or accompanied the regular or
irregular forces of any foreign country or government that have
engaged in hostilities or there existed an imminent threat that
such forces would become engaged in hostilities, including--
(A) a delineation of any such instances in which such
United States Armed Forces were or were not operating under the
Authorization for Use of Military Force; and
(B) a determination of whether the foreign forces,
irregular forces, groups, or individuals against which such
hostilities occurred are covered by such law.
(6) A description of the actual and proposed contributions,
including financing, equipment, training, troops, and logistical
support, provided by each foreign country that participates in any
international coalition with the United States to combat a country
or organization described in the Authorization for Use of Military
Force.
(c) Form.--The information required under paragraphs (1) and (2) of
subsection (b) shall be submitted in unclassified form.
(d) Other Reports.--If United States Armed Forces are introduced
into hostilities, or into situations where imminent involvement in
hostilities is clearly indicated by the circumstances, against any
country, organization, or person pursuant to statutory or
constitutional authorities other than Authorization for Use of Military
Force, the President shall comply with the reporting requirements
under--
(1) this section to the same extent and in the same manner as
if such actions had been taken under Authorization for Use of
Military Force;
(2) the War Powers Resolution (50 U.S.C. 1541 et seq.); and
(3) any other applicable provision of law.
(e) Briefings.--At least once during each 180-day period described
in subsection (a), the President shall provide to the congressional
defense committees, the Committee on Foreign Relations of the Senate,
and the Committee on Foreign Affairs of the House of Representatives a
briefing on the matters covered by the report required under this
section for such period.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Funding allocations; specification of cooperative threat
reduction funds.
SECTION 1301. FUNDING ALLOCATIONS; SPECIFICATION OF COOPERATIVE THREAT
REDUCTION FUNDS.
(a) Funding Allocations.--Of the $338,700,000 authorized to be
appropriated to the Department of Defense for fiscal year 2010 in
section 301 and made available by the funding table in division D for
the Department of Defense Cooperative Threat Reduction Program
established under section 1321 of the Department of Defense Cooperative
Threat Reduction Act (50 U.S.C. 3711), the following amounts may be
obligated for the purposes specified:
(1) For strategic offensive arms elimination, $492,000.
(2) For chemical weapons destruction, $12,856,000.
(3) For global nuclear security, $33,919,000.
(4) For cooperative biological engagement, $183,642,000.
(5) For proliferation prevention, $79,869,000.
(6) For activities designated as Other Assessments/
Administrative Costs, $27,922,000.
(b) Specification of Cooperative Threat Reduction Funds.--Funds
appropriated pursuant to the authorization of appropriations in section
301 and made available by the funding table in division D for the
Department of Defense Cooperative Threat Reduction Program shall be
available for obligation for fiscal years 2020, 2021, and 2022.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1404. Defense inspector general.
Sec. 1405. Defense health program.
Subtitle B--Other Matters
Sec. 1411. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs Medical Facility
Demonstration Fund for Captain James A. Lovell Health Care
Center, Illinois.
Sec. 1412. Authorization of appropriations for Armed Forces Retirement
Home.
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2020
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds, as specified in the funding table in section 4501.
SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for the Department of Defense for fiscal year 2020
for expenses, not otherwise provided for, for Chemical Agents and
Munitions Destruction, Defense, as specified in the funding table in
section 4501.
(b) Use.--Amounts authorized to be appropriated under subsection
(a) are authorized for--
(1) the destruction of lethal chemical agents and munitions in
accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the United
States that is not covered by section 1412 of such Act.
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2020 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide,
as specified in the funding table in section 4501.
SEC. 1404. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2020 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense, as specified in the funding table in section 4501.
SEC. 1405. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal year 2020
for the Defense Health Program for use of the Armed Forces and other
activities and agencies of the Department of Defense for providing for
the health of eligible beneficiaries, as specified in the funding table
in section 4501.
Subtitle B--Other Matters
SEC. 1411. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF
DEFENSE-DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY DEMONSTRATION
FUND FOR CAPTAIN JAMES A. LOVELL HEALTH CARE CENTER, ILLINOIS.
(a) Authority for Transfer of Funds.--Of the funds authorized to be
appropriated by section 1405 and available for the Defense Health
Program for operation and maintenance, $127,000,000 may be transferred
by the Secretary of Defense to the Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration Fund
established by subsection (a)(1) of section 1704 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2571). For purposes of subsection (a)(2) of such section 1704,
any funds so transferred shall be treated as amounts authorized and
appropriated specifically for the purpose of such a transfer.
(b) Use of Transferred Funds.--For the purposes of subsection (b)
of such section 1704, facility operations for which funds transferred
under subsection (a) may be used are operations of the Captain James A.
Lovell Federal Health Care Center, consisting of the North Chicago
Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal medical facility
under an operational agreement covered by section 706 of the Duncan
Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110-417; 122 Stat. 4500).
SEC. 1412. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES RETIREMENT
HOME.
There is hereby authorized to be appropriated for fiscal year 2020
from the Armed Forces Retirement Home Trust Fund the sum of $64,300,000
for the operation of the Armed Forces Retirement Home.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Sec. 1501. Purpose.
Sec. 1502. Treatment as additional authorizations.
Subtitle A--Authorization of Appropriations for Overseas Contingency
Operations
Sec. 1511. Overseas contingency operations.
Sec. 1512. Procurement.
Sec. 1513. Research, development, test, and evaluation.
Sec. 1514. Operation and maintenance.
Sec. 1515. Military personnel.
Sec. 1516. Working capital funds.
Sec. 1517. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1518. Defense inspector general.
Sec. 1519. Defense health program.
Sec. 1520. Afghanistan security forces fund.
Sec. 1520A. Special transfer authority.
Subtitle B--Authorization of Appropriations for Emergency Funds for
Recovery and Restoration
Sec. 1521. Procurement.
Sec. 1522. Research, development, test, and evaluation.
Sec. 1523. Operation and maintenance.
Sec. 1524. Restriction on transfer of funds authorized by this subtitle.
SEC. 1501. PURPOSE.
The purposes of this title are to authorize appropriations for the
Department of Defense for fiscal year 2020--
(1) to provide additional funds for overseas contingency
operations being carried out by the Armed Forces; and
(2) to provide additional emergency funds for the recovery and
restoration of military missions and activities at military
installations in California, Florida, North Carolina, and Nebraska
that were impacted by natural disasters.
SEC. 1502. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are in
addition to amounts otherwise authorized to be appropriated by this
Act.
Subtitle A--Authorization of Appropriations for Overseas Contingency
Operations
SEC. 1511. OVERSEAS CONTINGENCY OPERATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2020
for the Department of Defense for overseas contingency operations in
such amounts as may be designated as provided in section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 901(b)(2)(A)(ii)).
SEC. 1512. PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2020
for procurement accounts for the Army, the Navy and the Marine Corps,
the Air Force, and Defense-wide activities, as specified in the funding
table in section 4102.
SEC. 1513. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal year 2020
for the use of the Department of Defense for research, development,
test, and evaluation, as specified in the funding table in section
4202.
SEC. 1514. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal year 2020
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, as specified in the funding table in section
4302.
SEC. 1515. MILITARY PERSONNEL.
Funds are hereby authorized to be appropriated for fiscal year 2020
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for,
military personnel accounts, as specified in the funding table in
section 4402.
SEC. 1516. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal year 2020
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for providing capital for working capital and
revolving funds, as specified in the funding table in section 4502.
SEC. 1517. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2020 for expenses, not otherwise provided
for, for Drug Interdiction and Counter-Drug Activities, Defense-wide,
as specified in the funding table in section 4502.
SEC. 1518. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2020 for expenses, not otherwise provided
for, for the Office of the Inspector General of the Department of
Defense, as specified in the funding table in section 4502.
SEC. 1519. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the Department
of Defense for fiscal year 2020 for expenses, not otherwise provided
for, for the Defense Health Program, as specified in the funding table
in section 4502.
SEC. 1520. AFGHANISTAN SECURITY FORCES FUND.
(a) Continuation of Prior Authorities and Notice and Reporting
Requirements.--Funds available to the Department of Defense for the
Afghanistan Security Forces Fund for fiscal year 2020 shall be subject
to the conditions contained in--
(1) subsections (b) through (f) of section 1513 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122 Stat. 428); and
(2) section 1521(d)(1) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2577).
(b) Equipment Disposition.--
(1) Acceptance of certain equipment.--Subject to paragraph (2),
the Secretary of Defense may accept equipment that is procured
using amounts authorized to be appropriated for the Afghanistan
Security Forces Fund by this Act and is intended for transfer to
the security forces of the Ministry of Defense and the Ministry of
the Interior of the Government of Afghanistan, but is not accepted
by such security forces.
(2) Conditions on acceptance of equipment.--Before accepting
any equipment under the authority provided by paragraph (1), the
Commander of United States forces in Afghanistan shall make a
determination that such equipment was procured for the purpose of
meeting requirements of the security forces of the Ministry of
Defense and the Ministry of the Interior of the Government of
Afghanistan, as agreed to by both the Government of Afghanistan and
the Government of the United States, but is no longer required by
such security forces or was damaged before transfer to such
security forces.
(3) Elements of determination.--In making a determination under
paragraph (2) regarding equipment, the Commander of United States
forces in Afghanistan shall consider alternatives to the acceptance
of such equipment by the Secretary. An explanation of each
determination, including the basis for the determination and the
alternatives considered, shall be included in the relevant
quarterly report required under paragraph (5).
(4) Treatment as department of defense stocks.--Equipment
accepted under the authority provided by paragraph (1) may be
treated as stocks of the Department of Defense upon notification to
the congressional defense committees of such treatment.
(5) Quarterly reports on equipment disposition.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act and every 90-day period thereafter
during which the authority provided by paragraph (1) is
exercised, the Secretary shall submit to the congressional
defense committees a report describing the equipment accepted
during the period covered by such report under the following:
(i) This subsection.
(ii) Section 1521(b) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2575).
(iii) Section 1531(b) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92;
129 Stat. 1088).
(iv) Section 1532(b) of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3613).
(v) Section 1531(d) of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66;
127 Stat. 938; 10 U.S.C. 2302 note).
(B) Elements.--Each report under subparagraph (A) shall
include a list of all equipment that was accepted during the
period covered by such report and treated as stocks of the
Department of Defense and copies of the determinations made
under paragraph (2), as required by paragraph (3).
(c) Security of Afghan Women.--
(1) In general.--Of the funds available to the Department of
Defense for the Afghan Security Forces Fund for fiscal year 2020,
it is the goal that $45,500,000, but in no event less than
$10,000,000, shall be used for--
(A) the recruitment, integration, retention, training, and
treatment of women in the Afghan National Defense and Security
Forces; and
(B) the recruitment, training, and contracting of female
security personnel for future elections.
(2) Types of programs and activities.--Such programs and
activities may include--
(A) efforts to recruit and retain women into the Afghan
National Defense and Security Forces, including the special
operations forces;
(B) programs and activities of the Directorate of Human
Rights and Gender Integration of the Ministry of Defense of
Afghanistan and the Office of Human Rights, Gender and Child
Rights of the Ministry of Interior of Afghanistan;
(C) development and dissemination of gender and human
rights educational and training materials and programs within
the Ministry of Defense and the Ministry of Interior of
Afghanistan;
(D) efforts to address harassment and violence against
women within the Afghan National Defense and Security Forces;
(E) improvements to infrastructure that address the
requirements of women serving in the Afghan National Defense
and Security Forces, including appropriate equipment for female
security and police forces, and transportation for policewomen
to their station;
(F) support for Afghanistan National Police Family Response
Units;
(G) security provisions for high-profile female police and
military officers;
(H) programs to promote conflict prevention, management,
and resolution through the meaningful participation of Afghan
women in the Afghan National Defense and Security Forces, by
exposing Afghan women and girls to the activities of and
careers available with such forces, encouraging their interest
in such careers, or developing their interest and skills
necessary for service in such forces; and
(I) enhancements to Afghan National Defense and Security
Forces recruitment programs for targeted advertising with the
goal of increasing the number of female recruits.
(d) Assessment of Afghanistan Progress on Objectives.--
(1) Assessment required.--Not later than June 1, 2020, the
Secretary of Defense shall, in consultation with the Secretary of
State, submit to the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives and the
Committee on Armed Services and the Committee on Foreign Relations
of the Senate an assessment describing--
(A) the progress of the Government of the Islamic Republic
of Afghanistan toward meeting shared security objectives; and
(B) the efforts of the Government of the Islamic Republic
of Afghanistan to manage, employ, and sustain the equipment and
inventory provided under subsection (a).
(2) Matters to be included.--In conducting the assessment
required by paragraph (1), the Secretary of Defense shall include
each of the following:
(A) The extent to which the Government of Afghanistan has a
strategy for, and has taken steps toward, increased
accountability and the reduction of corruption within the
Ministry of Defense and the Ministry of Interior of
Afghanistan.
(B) The extent to which the capability and capacity of the
Afghan National Defense and Security Forces have improved as a
result of Afghanistan Security Forces Fund investment,
including through training, and an articulation of the metrics
used to assess such improvements.
(C) The extent to which the Afghan National Defense and
Security Forces have been able to increase pressure on the
Taliban, al-Qaeda, the Haqqani network, the Islamic State of
Iraq and Syria-Khorasan, and other terrorist organizations,
including by re-taking territory, defending territory, and
disrupting attacks.
(D) The distribution practices of the Afghan National
Defense and Security Forces and whether the Government of
Afghanistan is ensuring that supplies, equipment, and weaponry
supplied by the United States are appropriately distributed to,
and employed by, security forces charged with fighting the
Taliban and other terrorist organizations.
(E) A description of--
(i) the policy governing the use of Acquisition and
Cross Servicing Agreements (ACSA) in Afghanistan;
(ii) each ACSA transaction by type, amount, and
recipient for the period beginning on October 1, 2018, and
ending December 31, 2019; and
(iii) for any transactions from the United States to
Afghan military forces, an explanation for why such
transaction was not carried out under the authorities of
the Afghanistan Security Forces Fund.
(F) The extent to which the Government of Afghanistan has
designated the appropriate staff, prioritized the development
of relevant processes, and provided or requested the allocation
of resources necessary to support a peace and reconciliation
process in Afghanistan.
(G) A description of the ability of the Ministry of Defense
and the Ministry of Interior of Afghanistan to manage and
account for previously divested equipment, including a
description of any vulnerabilities or weaknesses of the
internal controls of such Ministry of Defense and Ministry of
Interior and any plan in place to address shortfalls.
(H) A description of any significant irregularities in the
divestment of equipment to the Afghan National Defense and
Security Forces during the period beginning on May 1, 2019, and
ending on May 1, 2020, including any major losses of such
equipment or any inability on the part of the Afghan National
Defense and Security Forces to account for equipment so
procured.
(I) A description of the sustainment and maintenance costs
required during the 5-year period beginning on the date of the
enactment of this Act, for major weapons platforms previously
divested, and a description of the plan for the Afghan National
Defense and Security Forces to maintain such platforms in the
future.
(J) The extent to which the Government of Afghanistan is
adhering to conditions for receiving assistance established in
annual financial commitment letters or any other bilateral
agreements with the United States.
(K) The extent to which the Government of Afghanistan has
made progress in achieving security sector benchmarks as
outlined by the United States-Afghan Compact (commonly known as
the ``Kabul Compact'') and a description of any other
documents, plans, or agreements used by the United States to
measure security sector progress.
(L) Such other factors as the Secretaries consider
appropriate.
(3) Form.--The assessment required by paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
(4) Withholding of assistance for insufficient progress.--
(A) In general.--If the Secretary of Defense determines, in
coordination with the Secretary of State and pursuant to the
assessment under paragraph (1), that the Government of
Afghanistan has made insufficient progress in the areas
described in paragraph (2), the Secretary of Defense shall--
(i) withhold $480,000,000, to be derived from amounts
made available for assistance for the Afghan National
Defense and Security Forces, from expenditure or obligation
until the date on which the Secretary certifies to the
congressional defense committees that the Government of
Afghanistan has made sufficient progress; and
(ii) notify the congressional defense committees not
later than 30 days before withholding such funds.
(B) Waiver.--If the Secretary of Defense determines that
withholding such assistance would impede the national security
objectives of the United States by prohibiting, restricting,
delaying, or otherwise limiting the provision of assistance,
the Secretary may waive the withholding requirement under
subparagraph (A) if the Secretary, in coordination with the
Secretary of State, certifies such determination to the
congressional defense committees not later than 30 days before
the effective date of the waiver.
(e) Additional Reporting Requirements.--The Secretary of Defense
shall include in the materials submitted in support of the budget for
fiscal year 2021 that is submitted by the President under section
1105(a) of title 31, United States Code, each of the following:
(1) The amount of funding provided in fiscal year 2019 through
the Afghanistan Security Forces Fund to the Government of
Afghanistan in the form of direct government-to-government
assistance or on-budget assistance for the purposes of supporting
any entity of such government, including the Afghan National
Defense and Security Forces, the Afghan Ministry of Interior, or
the Afghan Ministry of Defense.
(2) The amount of funding provided and anticipated to be
provided, as of the date of the submission of the materials, in
fiscal year 2020 through such Fund in such form.
(3) To the extent the amount described in paragraph (2) exceeds
the amount described in paragraph (1), an explanation as to the
reason why the such amount is greater and the specific entities and
purposes that were supported by such increase.
SEC. 1520A. SPECIAL TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of Defense
that such action is necessary in the national interest, the
Secretary may transfer amounts of authorizations made available to
the Department of Defense in this subtitle for fiscal year 2020
between any such authorizations for that fiscal year (or any
subdivisions thereof). Amounts of authorizations so transferred
shall be merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--The total amount of authorizations that the
Secretary may transfer under the authority of this subsection may
not exceed $2,000,000,000.
(b) Terms and Conditions.--Transfers under this section shall be
subject to the same terms and conditions as transfers under section
1001.
(c) Additional Authority.--The transfer authority provided by this
section is in addition to the transfer authority provided under section
1001.
Subtitle B--Authorization of Appropriations for Emergency Funds for
Recovery and Restoration
SEC. 1521. PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal year 2020
for procurement accounts for the Army, the Navy and the Marine Corps,
the Air Force, and Defense-wide activities, as specified in the funding
table in section 4103.
SEC. 1522. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal year 2020
for the use of the Department of Defense for research, development,
test, and evaluation, as specified in the funding table in section
4203.
SEC. 1523. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal year 2020
for the use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise provided for, for
operation and maintenance, as specified in the funding table in section
4303.
SEC. 1524. RESTRICTION ON TRANSFER OF FUNDS AUTHORIZED BY THIS
SUBTITLE.
(a) Authority.--Upon determination by the Secretary of Defense that
such action is necessary in the national interest, the Secretary may
transfer amounts of authorizations made available to the Department of
Defense in this subtitle for fiscal year 2020 between any such
authorizations for that fiscal year (or any subdivisions thereof).
Amounts of authorizations so transferred shall be merged with the
authorization to which transferred and shall be available for the
recovery and restoration of military missions and activities at
military installations in California, Florida, North Carolina, and
Nebraska impacted by natural disasters.
(b) Additional Authority.--The transfer authority provided by this
section is in addition to the transfer authority provided under
sections 1001 and 1520A.
(c) Terms and Conditions.--Transfers under this section shall be
subject to the same terms and conditions as transfers under section
1001.
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
Sec. 1601. Repeal of requirement to establish United States Space
Command as a subordinate unified command of the United States
Strategic Command.
Sec. 1602. Coordination of modernization efforts relating to military-
code capable GPS receiver cards.
Sec. 1603. Demonstration of backup and complementary positioning,
navigation, and timing capabilities of Global Positioning
System.
Sec. 1604. Annual determination on plan on full integration and
exploitation of overhead persistent infrared capability.
Sec. 1605. Space-based environmental monitoring mission requirements.
Sec. 1606. Resilient enterprise ground architecture.
Sec. 1607. Prototype program for multi-global navigation satellite
system receiver development.
Sec. 1608. Commercial space situational awareness capabilities.
Sec. 1609. Program to enhance and improve launch support and
infrastructure.
Sec. 1610. Preparation to implement plan for use of allied launch
vehicles.
Sec. 1611. Independent study on plan for deterrence in space.
Sec. 1612. Study on leveraging diverse commercial satellite remote
sensing capabilities.
Sec. 1613. Annual report on Space Command and Control program.
Sec. 1614. Report on space debris.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Redesignation of Under Secretary of Defense for Intelligence
as Under Secretary of Defense for Intelligence and Security.
Sec. 1622. Modifications to ISR Integration Council and annual briefing
requirements.
Sec. 1623. Modification of annual authorization of appropriations for
National Flagship Language Initiative.
Sec. 1624. Improving the onboarding methodology for intelligence
personnel.
Sec. 1625. Defense Counterintelligence and Security Agency activities on
facilitating access to local criminal records historical data.
Sec. 1626. Survey and report on alignment of intelligence collections
capabilities and activities with Department of Defense
requirements.
Sec. 1627. Reports on Consolidated Adjudication Facility of the Defense
Counterintelligence and Security Agency.
Sec. 1628. Report on the expanded purview of the Defense
Counterintelligence and Security Agency.
Sec. 1629. Termination of requirement for Department of Defense facility
access clearances for joint ventures composed of previously-
cleared entities.
Subtitle C--Cyberspace-Related Matters
Sec. 1631. Matters relating to military operations in the information
environment.
Sec. 1632. Notification requirements for sensitive military cyber
operations.
Sec. 1633. Evaluation of cyber vulnerabilities of major weapon systems
of the Department of Defense.
Sec. 1634. Quarterly assessments of the readiness of Cyber Mission
Forces.
Sec. 1635. Cyber posture review.
Sec. 1636. Modification of elements of assessment required for
termination of dual-hat arrangement for Commander of the
United States Cyber Command.
Sec. 1637. Modification of cyber scholarship program.
Sec. 1638. Tier 1 exercise of support to civil authorities for a cyber
incident.
Sec. 1639. Extension of the Cyberspace Solarium Commission.
Sec. 1640. Authority to use operation and maintenance funds for cyber
operations-peculiar capability development projects.
Sec. 1641. Role of Chief Information Officer in improving enterprise-
wide cybersecurity.
Sec. 1642. Notification of delegation of authorities to the Secretary of
Defense for military operations in cyberspace.
Sec. 1643. Limitation of funding for Consolidated Afloat Networks and
Enterprise Services.
Sec. 1644. Annual military cyberspace operations report.
Sec. 1645. Annual report on cyber attacks and intrusions against the
Department of Defense by certain foreign entities.
Sec. 1646. Control and analysis of Department of Defense data stolen
through cyberspace.
Sec. 1647. Use of National Security Agency cybersecurity expertise to
support evaluation of commercial cybersecurity products.
Sec. 1648. Framework to enhance cybersecurity of the United States
defense industrial base.
Sec. 1649. Report on cybersecurity training programs.
Sec. 1650. National Security Presidential Memorandums relating to
Department of Defense operations in cyberspace.
Sec. 1651. Reorientation of Big Data Platform program.
Sec. 1652. Zero-based review of Department of Defense cyber and
information technology personnel.
Sec. 1653. Study on improving cyber career paths in the Navy.
Sec. 1654. Accreditation standards and processes for cybersecurity and
information technology products and services.
Sec. 1655. Study on future cyber warfighting capabilities of Department
of Defense.
Sec. 1656. Study to determine the optimal strategy for structuring and
manning elements of the Joint Force Headquarters-Cyber
Organizations, Joint Mission Operations Centers, and Cyber
Operations-Integrated Planning Elements.
Sec. 1657. Cyber governance structures and Principal Cyber Advisors on
military cyber force matters.
Sec. 1658. Designation of test networks for testing and accreditation of
cybersecurity products and services.
Sec. 1659. Consortia of universities to advise Secretary of Defense on
cybersecurity matters.
Sec. 1660. Joint assessment of Department of Defense cyber red team
capabilities, capacity, demand, and requirements.
Subtitle D--Nuclear Forces
Sec. 1661. Conforming amendment to Council on Oversight of the National
Leadership Command, Control, and Communications System.
Sec. 1662. Modification of authorities relating to nuclear command,
control, and communications system.
Sec. 1663. Briefings on meetings held by Nuclear Weapons Council.
Sec. 1664. Consideration of budget matters at meetings of Nuclear
Weapons Council.
Sec. 1665. Improvement to annual report on the modernization of the
nuclear weapons enterprise.
Sec. 1666. Expansion of officials required to conduct biennial
assessments of delivery platforms for nuclear weapons and
nuclear command and control system.
Sec. 1667. Extension of annual briefing on costs of forward-deploying
nuclear weapons in Europe.
Sec. 1668. Elimination of conventional requirement for long-range
standoff weapon.
Sec. 1669. Briefing on long-range standoff weapon and sea-launched
cruise missile.
Sec. 1670. Extension of prohibition on availability of funds for mobile
variant of ground-based strategic deterrent missile.
Sec. 1671. Reports on development of ground-based strategic deterrent
weapon.
Sec. 1672. Prohibition on reduction of the intercontinental ballistic
missiles of the United States.
Sec. 1673. Independent study on policy of no-first-use of nuclear
weapons.
Sec. 1674. Independent study on risks of nuclear terrorism and nuclear
war.
Sec. 1675. Report on military-to-military dialogue to reduce risks of
miscalculation leading to nuclear war.
Sec. 1676. Report on nuclear forces of the United States and near-peer
countries.
Sec. 1677. Report on operation of conventional forces of military
departments under employment or threat of employment of
nuclear weapons.
Sec. 1678. Report on operation of conventional forces of certain
combatant commands under employment or threat of employment of
nuclear weapons.
Sec. 1679. Briefings on plan for future-systems-level architecture of
nuclear command, control, and communications systems.
Sec. 1680. Sense of Congress on nuclear deterrence commitments of the
United States.
Subtitle E--Missile Defense Programs
Sec. 1681. National missile defense policy.
Sec. 1682. Development of space-based ballistic missile intercept layer.
Sec. 1683. Development of hypersonic and ballistic missile tracking
space sensor payload.
Sec. 1684. Modifications to required testing by Missile Defense Agency
of ground-based midcourse defense element of ballistic missile
defense system.
Sec. 1685. Iron Dome short-range rocket defense system and Israeli
cooperative missile defense program co-development and co-
production.
Sec. 1686. Limitation on availability of funds for lower tier air and
missile defense sensor.
Sec. 1687. Plan for the redesigned kill vehicle replacement.
Sec. 1688. Organization, authorities, and billets of the Missile Defense
Agency.
Sec. 1689. Annual assessment of ballistic missile defense system.
Sec. 1690. Command and control, battle management, and communications
program.
Sec. 1691. Missile defense interceptor site in contiguous United States.
Sec. 1692. Independent study on impacts of missile defense development
and deployment.
Sec. 1693. Report and briefing on multi-volume kill capability.
Subtitle F--Other Matters
Sec. 1694. Extension of authorization for protection of certain
facilities and assets from unmanned aircraft.
Sec. 1695. Repeal of requirement for commission on electromagnetic pulse
attacks and similar events.
Sec. 1696. Repeal of review requirement for ammonium perchlorate report.
Sec. 1697. Transferability of conventional prompt global strike weapon
system technologies to surface-launched platforms.
Sec. 1698. Prohibition on availability of funds for certain offensive
ground-launched ballistic or cruise missile systems.
Sec. 1699. Hard and deeply buried targets.
Subtitle A--Space Activities
SEC. 1601. REPEAL OF REQUIREMENT TO ESTABLISH UNITED STATES SPACE
COMMAND AS A SUBORDINATE UNIFIED COMMAND OF THE UNITED STATES STRATEGIC
COMMAND.
(a) In General.--Section 169 of title 10, United States Code, is
repealed.
(b) Technical and Conforming Amendments.--
(1) The table of sections for chapter 6 of title 10, United
States Code, is amended by striking the item relating to section
169.
(2) Section 2273a(d)(3) of title 10, United States Code, is
amended by striking ``The Commander of the United States Strategic
Command, acting through the United States Space Command,'' and
inserting ``The Commander of the United States Space Command, or,
if no such command exists, the Commander of the United States
Strategic Command,''.
SEC. 1602. COORDINATION OF MODERNIZATION EFFORTS RELATING TO MILITARY-
CODE CAPABLE GPS RECEIVER CARDS.
Section 1610 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2111; 10 U.S.C.
2281 note) is amended--
(1) in subsection (b)(2), by striking the period at the end and
inserting ``, including with respect to each program of the
Department that requires M-code capable receiver cards.''; and
(2) in subsection (c), by striking the period at the end and
inserting ``, and shall clarify the roles of the Chief Information
Officer and the Council on Oversight of the Department of Defense
Positioning, Navigation, and Timing Enterprise with respect to M-
code modernization efforts.''.
SEC. 1603. DEMONSTRATION OF BACKUP AND COMPLEMENTARY POSITIONING,
NAVIGATION, AND TIMING CAPABILITIES OF GLOBAL POSITIONING SYSTEM.
Effective on June 1, 2019, section 1606 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat.
1725) is amended--
(1) in subsection (c)(2), by striking ``the date that is 18
months after the date of the enactment of this Act'' and inserting
``December 31, 2020''; and
(2) in subsection (d), by striking ``18 months after the date
of the enactment of this Act'' and inserting ``December 31, 2020''.
SEC. 1604. ANNUAL DETERMINATION ON PLAN ON FULL INTEGRATION AND
EXPLOITATION OF OVERHEAD PERSISTENT INFRARED CAPABILITY.
Section 1618(c) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2431 note) is amended by
striking ``for a fiscal year'' and inserting ``for each of fiscal years
2021 through 2028''.
SEC. 1605. SPACE-BASED ENVIRONMENTAL MONITORING MISSION REQUIREMENTS.
(a) Procurement of Modernized Pathfinder Program Satellite.--
(1) In general.--The Secretary of the Air Force shall procure a
modernized pathfinder program satellite that--
(A) addresses space-based environmental monitoring mission
requirements;
(B) reduces the risk that the Department of Defense
experiences a gap in meeting such requirements during the
period beginning January 1, 2023, and ending December 31, 2025;
and
(C) is launched not later than January 1, 2023.
(2) Type of satellite.--The satellite described in paragraph
(1) may be a free-flyer or a hosted payload satellite.
(3) Plan.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Air Force shall submit
to the appropriate congressional committees a plan to procure and
launch the satellite described in paragraph (1), including with
respect to--
(A) the requirements for such satellite, including
operational requirements;
(B) timelines for such procurement and launch;
(C) costs for such procurement and launch; and
(D) the launch plan.
(4) Procedures.--The Secretary of the Air Force shall ensure
that the satellite described in paragraph (1) is procured using
full and open competition through the use of competitive
procedures.
(5) Withholding of funds.--The amount equal to 10 percent of
the total amount authorized to be appropriated to the Office of the
Secretary of Air Force for the travel of persons under the
Operations and Maintenance, Defense-Wide account shall be withheld
from obligation or expenditure until the date on which a contract
is awarded for the procurement of the satellite described in
paragraph (1).
(b) Weather System Satellite.--The Secretary of the Air Force shall
ensure that the electro-optical/infrared weather system satellite--
(1) meets space-based environmental monitoring mission
requirements;
(2) is procured using full and open competition through the use
of competitive procedures; and
(3) is launched not later than September 30, 2025.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the congressional defense committees; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
(2) The term ``space-based environmental monitoring mission
requirements'' means the national security requirements for cloud
characterization and theater weather imagery.
SEC. 1606. RESILIENT ENTERPRISE GROUND ARCHITECTURE.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of the Air Force, to advance the security of the space assets
of the Department of Defense, should--
(1) expand on complementary efforts within the Air Force that
promote the adoption of a resilient enterprise ground architecture
that is responsive to new and changing threats and can rapidly
integrate new capabilities to make the warfighting force of the
United States more resilient in a contested battlespace; and
(2) prioritize the swift transition of space ground
architecture to a common platform and leverage commercial
capabilities in concurrence with the 2015 intent memorandum of the
Commander of the Air Force Space Command.
(b) Future Architecture.--The Secretary of Defense shall, to the
extent practicable--
(1) develop future satellite ground architectures of the
Department of Defense to be compatible with complementary
commercial systems that can support uplink and downlink
capabilities with dual-band spacecraft; and
(2) emphasize that future ground architecture transition away
from stove-piped systems to a service-based platform that provides
members of the Armed Forces with flexible and adaptable
capabilities that--
(A) use, as applicable, commercially available capabilities
and technologies for increased resiliency and cost savings; and
(B) build commercial opportunity and integration across the
range of resilient space systems.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the future architecture
described in subsection (b).
SEC. 1607. PROTOTYPE PROGRAM FOR MULTI-GLOBAL NAVIGATION SATELLITE
SYSTEM RECEIVER DEVELOPMENT.
(a) Prototype Multi-GNSS Program.--The Secretary of the Air Force
shall carry out a program to prototype an M-code based, multi-global
navigation satellite system receiver that is capable of receiving
covered signals to increase the resilience and capability of military
position, navigation, and timing equipment against threats to the
Global Positioning System and to deter the likelihood of attack on the
worldwide Global Positioning System by reducing the benefits of such an
attack.
(b) Elements.--In carrying out the program under subsection (a),
the Secretary shall--
(1) with respect to each covered signal that could be received
by the prototype receiver under such program, conduct an assessment
of the relative benefits and risks of using that signal, including
with respect to any existing or needed monitoring infrastructure
that would alert users of the Department of Defense of potentially
corrupted signal information, and the cyber risks and challenges of
incorporating such signals into a properly designed receiver;
(2) ensure that monitoring systems are able to include any
monitoring network of the United States or allies of the United
States;
(3) conduct an assessment of the benefits and risks, including
with respect to the compatibility of non-United States global
navigation satellite system signals with existing position,
navigation, and timing equipment of the United States, and the
extent to which the capability to receive such signals would impact
current receiver or antenna design; and
(4) conduct an assessment of the desirability of establishing a
program for the development and deployment of the receiver system
described in subsection (a) in a manner that--
(A) is a cooperative effort, coordinated with the Secretary
of State, between the United States and the allies of the
United States that may also have interest in funding a multi-
global navigation satellite system and M-code program; and
(B) the Secretary of Defense, in coordination with the
Secretary of State, ensures that the United States has access
to sufficient insight into trusted signals of allied systems to
assure potential reliance by the United States on such signals.
(c) Briefing.--Not later than 120 days after the date of the
enactment of this Act, the Secretary, in coordination with the Air
Force GPS User Equipment Program office, shall provide to the
congressional defense committees a briefing on a plan to carry out the
program under subsection (a) that includes--
(1) the estimated cost, including total cost and out-year
funding requirements for a program to develop and deploy the
receiver system described in subsection (a);
(2) the schedule for such program;
(3) a plan for how the results of the program could be
incorporated into future blocks of the Global Positioning System
military user equipment program; and
(4) the recommendations and analysis contained in the study
sponsored by the Department of Defense conducted by the MITRE
Corporation on the risks, benefits, and approaches to adding multi-
global navigation satellite system capabilities to military user
equipment.
(d) Report.--Not later than 150 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report containing--
(1) an explanation of how the Secretary intends to comply with
section 1609 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2281 note);
(2) an outline of any potential cooperative efforts acting in
accordance with the North Atlantic Treaty Organization, the
European Union, or Japan that would support such compliance;
(3) an assessment of the potential to host, or incorporate
through software-defined payloads, Global Positioning System M-code
functionality onto allied global navigation satellite system
systems; and
(4) an assessment of new or enhanced monitoring capabilities
that would be needed to incorporate global navigation satellite
system functionality into weapon systems of the Department.
(e) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2020 for increment 2 of
the acquisition of military Global Positioning System user equipment
terminals, not more than 90 percent may be obligated or expended until
the date on which the briefing has been provided under subsection (c)
and the report has been submitted under subsection (d).
(f) Waiver Authority for Trusted Signals Capabilities.--Section
1609(a)(2)(B) of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 2281 note) is
amended by striking ``such capability'' and inserting ``the capability
to add multi-Global Navigation Satellite System signals to provide
substantive military utility''.
(g) Definitions.--In this section:
(1) The term ``allied systems'' means--
(A) the Galileo system of the European Union;
(B) the QZSS system of Japan; and
(C) upon designation by the Secretary of Defense, in
consultation with the Director of National Intelligence--
(i) the NAVIC system of India; and
(ii) any similarly associated wide area augmentation
systems.
(2) The term ``covered signals''--
(A) means global navigation satellite system signals from--
(i) allied systems; and
(ii) non-allied systems; and
(B) includes both encrypted signals and open signals.
(3) The term ``encrypted signals'' means global navigation
satellite system signals that incorporate encryption or other
internal methods to authenticate signal information.
(4) The term ``M-code'' means, with respect to global
navigation satellite system signals, military code that provides
enhanced positioning, navigation, and timing capabilities and
improved resistance to existing and emerging threats, such as
jamming.
(5) The term ``non-allied systems'' means--
(A) the Russian GLONASS system; and
(B) the Chinese Beidou system.
(6) The term ``open signals'' means global navigation satellite
system that do not include encryption or other internal methods to
authenticate signal information.
SEC. 1608. COMMERCIAL SPACE SITUATIONAL AWARENESS CAPABILITIES.
(a) Certification.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Air Force, without
delegation, shall certify to the congressional defense committees that
the Air Force is using commercial space situational awareness services.
(b) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2020 for the enterprise
space battle management command and control, not more than 85 percent
may be obligated or expended until the date on which the Secretary of
the Air Force makes the certification under subsection (a).
(c) Report.--Not later than March 1, 2020, the Secretary of the Air
Force shall submit to the congressional defense committees a report on
using commercial space situational awareness services to fill the space
situational awareness requirements that were not filled in the Joint
Space Operations Center Mission Center. The report shall include the
following:
(1) A description of current domestic commercial capabilities
to detect and track space objects in low-Earth orbit below the 10
centimeter threshold of legacy systems.
(2) A description of current domestic best-in-breed commercial
capabilities that can meet such requirements.
(3) Estimates of the timelines, milestones, and funding
requirements to procure a near-term solution to meet such
requirements until the development programs of the Air Force are
projected to be operationally fielded.
(d) Commercial Space Situational Awareness Services Defined.--In
this section, the term ``commercial space situational awareness
services'' means commercial space situational awareness processing
software and data from commercial sensors to address warfighter
requirements and fill gaps in current space situational capabilities of
the Air Force.
SEC. 1609. PROGRAM TO ENHANCE AND IMPROVE LAUNCH SUPPORT AND
INFRASTRUCTURE.
(a) In General.--In support of the policy described in section
2273(a) of title 10, United States Code, the Secretary of Defense, in
coordination with the Administrator of the Federal Aviation
Administration, may carry out a program to enhance infrastructure and
improve support activities for the processing and launch of Department
of Defense small-class and medium-class payloads.
(b) Program.--The program under subsection (a) shall include
improvements to operations at launch ranges and Federal Aviation
Administration-licensed spaceports that are consistent with, and
necessary to permit, the use of such launch ranges and spaceports by
the Department.
(c) Consultation.--In carrying out the program under subsection
(a), the Secretary may consult with current and anticipated users of
launch ranges and Federal Aviation Administration-licensed spaceports,
including the Space Rapid Capabilities Office.
(d) Cooperation.--In carrying out the program under subsection (a),
the Secretary may enter into a contract or agreement under section 2276
of title 10, United States Code.
(e) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
committees of Congress a report describing a plan for the program under
subsection (a).
(f) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the congressional defense committees;
(2) the Committee on Commerce, Science, and Transportation and
the Select Committee on Intelligence of the Senate; and
(3) the Committee on Transportation and Infrastructure, the
Committee on Science, Space, and Technology, and the Permanent
Select Committee on Intelligence of the House of Representatives.
SEC. 1610. PREPARATION TO IMPLEMENT PLAN FOR USE OF ALLIED LAUNCH
VEHICLES.
(a) Preparation.--The Secretary of Defense, in coordination with
the Director of National Intelligence, shall take actions necessary to
prepare to implement the plan developed pursuant to section 1603 of the
National Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 130 Stat. 2584) regarding using allied launch vehicles to meet
the requirements for achieving the policy relating to assured access to
space set forth in section 2273 of title 10, United States Code.
(b) Actions Required.--In carrying out subsection (a), the
Secretary shall--
(1) identify the satellites of the United States that would be
appropriate to be launched on an allied launch vehicle;
(2) assess the relevant provisions of Federal law, regulations,
and policies governing the launch of national security satellites
and determine whether any legislative, regulatory, or policy
actions (including with respect to waivers) would be necessary to
allow for the launch of a national security satellite on an allied
launch vehicle; and
(3) address any certification requirements necessary for such
use of allied launch vehicles and the estimated cost, schedule, and
actions necessary to certify allied launch vehicles for such use.
(c) Submission to Congress.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall submit to
the appropriate congressional committees a report on preparing to
implement the plan described in subsection (a), including information
regarding each action required by paragraphs (1), (2), and (3) of
subsection (b).
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on Intelligence of the
Senate.
SEC. 1611. INDEPENDENT STUDY ON PLAN FOR DETERRENCE IN SPACE.
(a) Independent Study.--
(1) In general.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to enter
into a contract with a federally funded research and development
center or other independent entity to conduct a study on deterrence
in space.
(2) Matters included.--The study under paragraph (1) shall
include, at a minimum, the following:
(A) An assessment of the existing range of major studies
and writings on space deterrence and a comprehensive
comparative analysis of the conclusions of such studies and
writings.
(B) An examination, using appropriate analytical tools, of
the approaches proposed by such studies and writings with
respect to creating conditions of deterrence suitable for use
in the space domain, including, at a minimum, an assessment of
all aspects of deterrence in space, including varying
classification, strategies to deny benefit or impose cost, and
space mission assurance (including resilience, active defense,
and reconstitution).
(C) A determination, made either by extending such studies
and writings or through new analysis, of a holistic and
comprehensive theory of deterrence in space appropriate for use
in defense planning.
(D) An evaluation of existing policies, programs, and plans
of the Department of Defense to provide an assessment of the
likely effectiveness of those policies, programs, and plans to
achieve effective space deterrence.
(b) Assessment by Defense Policy Board.--Not later than 180 days
after the date of the enactment of this Act, the Defense Policy Board
shall submit to the Secretary of Defense an assessment of the study
under subsection (a)(1), including, at a minimum--
(1) a determination of the soundness of the study;
(2) a description of any disagreements the Board has with the
conclusions of such study, including recommended changes or
clarifications to such conclusions the Board determines
appropriate; and
(3) changes to the policies, programs, and plans of the
Department of Defense that the Board recommends based on such study
and the changes and clarifications described in paragraph (2).
(c) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of the Senate a
report that contains the following:
(1) The study under subsection (a)(1), without change.
(2) The assessment under subsection (b), without change.
(3) Based on such study and assessment, a description of any
changes to the policies, programs, and plans of the Department of
Defense that the Secretary recommends to enhance deterrence in
space, including with respect to--
(A) considerations and decision on reducing the
opportunities and incentives for adversaries to attack space
systems of the United States or allies of the United States;
(B) new architectures, including proliferated systems,
hosted payloads, nontraditional orbits, and reconstitution
among others;
(C) appropriate uses of partnering with both commercial
entities and allies to improve deterrence in space;
(D) necessary capabilities to enhance the protection of
space systems to achieve improved deterrence;
(E) bilateral, multilateral, and unilateral measures,
including confidence-building measures, that could be taken to
reduce the risk of miscalculation that would lead to an attack
in space;
(F) policies and capability requirements with regard to
attribution of an attack in space;
(G) policies with regard to retaliatory measures either in
space or on the ground;
(H) authorities with regard to decisions and actions to
defend assets of the United States in space; and
(I) changes to current war plans, routine operations
(including information sharing), and demonstration and test
procedures that could enhance the capability of the United
States to signal the intentions and capabilities of the United
States in an effective manner.
(d) Briefing.--Not later than 270 days after the date of the
enactment of this Act, the Secretary shall provide to the congressional
defense committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of the Senate a
briefing on the study under subsection (a)(1) and the assessment under
subsection (b).
SEC. 1612. STUDY ON LEVERAGING DIVERSE COMMERCIAL SATELLITE REMOTE
SENSING CAPABILITIES.
(a) Study.--The Secretary of Defense, in consultation with the
Director of National Intelligence, shall conduct a study on the status
of the transition from the National Geospatial-Intelligence Agency to
the National Reconnaissance Office of the leadership role in acquiring
commercial satellite remote sensing data on behalf of the Department of
Defense and the intelligence community (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)).
(b) Elements.--In conducting the study under subsection (a), the
Secretary shall study--
(1) commercial geospatial intelligence requirements for the
National Geospatial-Intelligence Agency and the combatant commands;
(2) plans of the National Reconnaissance Office to meet the
requirements specified in paragraph (1) through the acquisition of
all levels of resolution data from multiple commercial providers;
and
(3) plans of the National Reconnaissance Office to further
develop such programs with commercial companies to continue to
support, while also expanding, adoption by the geospatial
intelligence user community of the Department of Defense.
(c) Submission.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees, the Permanent Select Committee on Intelligence of
the House of Representatives, and the Select Committee on Intelligence
of the Senate a report on the study conducted under subsection (a).
SEC. 1613. ANNUAL REPORT ON SPACE COMMAND AND CONTROL PROGRAM.
(a) Reports Required.--
(1) Initial report.--Not later than May 1, 2020, the Secretary
of the Air Force shall submit to the Under Secretary of Defense for
Acquisition and Sustainment, the congressional defense committees,
and the Comptroller General of the United States, a report on the
Space Command and Control program for fiscal year 2021.
(2) Subsequent reports.--For each of fiscal years 2022 through
2025, concurrent with the submittal to Congress of the budget of
the Department of Defense with the budget of the President for the
subsequent fiscal year under section 1105(a) of title 31, United
States Code, the Secretary of the Air Force shall submit to the
Under Secretary of Defense for Acquisition and Sustainment, the
congressional defense committees, and the Comptroller General of
the United States, an annual report on the Space Command and
Control program.
(b) Matters to Be Included.--Each report required by subsection (a)
shall include the following:
(1) A description of any modification to the metrics
established by the Secretary in the acquisition strategy for the
program.
(2) The short-term objectives for the subsequent fiscal year.
(3) For the preceding fiscal year--
(A) a description of--
(i) the ongoing, achieved, and deferred objectives;
(ii) the challenges encountered and the lessons
learned;
(iii) the modifications made or planned so as to
incorporate such lessons learned into subsequent efforts to
address challenges; and
(iv) the cost, schedule, and performance effects of
such modifications; and
(B) a full survey of combatant command requirements,
including Commanders' Integrated Priorities Lists, and impacts
with respect to the program.
(4) A description of potential future combatant command
requirements being considered with respect to the program.
(c) Review of Reports and Briefing by Comptroller General.--With
respect to each report submitted under this section, the Comptroller
General shall review and provide to the congressional defense
committees a briefing on a date mutually agreed on by the Comptroller
General and the congressional defense committees.
SEC. 1614. REPORT ON SPACE DEBRIS.
(a) In General.--Not later than 240 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a report on the risks posed by
man-made space debris in low-Earth orbit, including--
(1) recommendations with respect to the remediation of such
risks; and
(2) outlines of plans to reduce the incidence of such space
debris.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Committee on
Science, Space, and Technology of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
SEC. 1621. REDESIGNATION OF UNDER SECRETARY OF DEFENSE FOR INTELLIGENCE
AS UNDER SECRETARY OF DEFENSE FOR INTELLIGENCE AND SECURITY.
(a) Redesignation of Under Secretary.--
(1) In general.--The Under Secretary of Defense for
Intelligence is hereby redesignated as the Under Secretary of
Defense for Intelligence and Security.
(2) Service of incumbent in position.--The individual serving
as Under Secretary of Defense for Intelligence as of the date of
the enactment of this Act may serve as Under Secretary of Defense
for Intelligence and Security commencing as of that date without
further appointment under section 137 of title 10, United States
Code (as amended by subsection (c)(1)(A)(ii)).
(3) Reference.--Any reference in any law, regulation, map,
document, paper, or other record of the United States to the Under
Secretary of Defense for Intelligence shall be deemed to be a
reference to the Under Secretary of Defense for Intelligence and
Security.
(b) Redesignation of Related Deputy Under Secretary.--
(1) In general.--The Deputy Under Secretary of Defense for
Intelligence is hereby redesignated as the Deputy Under Secretary
of Defense for Intelligence and Security.
(2) Service of incumbent in position.--The individual serving
as Deputy Under Secretary of Defense for Intelligence as of the
date of the enactment of this Act may serve as Deputy Under
Secretary of Defense for Intelligence and Security commencing as of
that date without further appointment under section 137a of title
10, United States Code (as amended by subsection (c)(1)(B)).
(3) Reference.--Any reference in any law, regulation, map,
document, paper, or other record of the United States to the Deputy
Under Secretary of Defense for Intelligence shall be deemed to be a
reference to the Deputy Under Secretary of Defense for Intelligence
and Security.
(c) Rule of Construction Regarding Effects of Redesignation.--
Nothing in this section shall be construed to modify or expand the
authorities, resources, responsibilities, roles, or missions of the
Under Secretary of Defense for Intelligence and Security, as
redesignated by this section.
(d) Protection of Privacy and Civil Liberties.--Section 137 of
title 10, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) The protection of privacy and civil liberties in accordance
with Federal law and the regulations and directives of the Department
of Defense shall be a top priority for the Under Secretary of Defense
for Intelligence and Security.''.
(e) Conforming Amendments.--
(1) Title 10.--Title 10, United States Code, is amended as
follows:
(A) In each provision as follows, by striking ``Under
Secretary of Defense for Intelligence'' and inserting ``Under
Secretary of Defense for Intelligence and Security'':
(i) Section 131(b)(3)(F).
(ii) Section 137, each place it appears.
(iii) Section 139a(d)(6).
(iv) Section 139b(c)(2)(E).
(v) Section 181(d)(1)(B).
(vi) Section 393(b)(2)(C).
(vii) Section 426, each place it appears.
(viii) Section 430(a).
(B) In section 137a(c)(6), by striking ``Deputy Under
Secretary of Defense for Intelligence'' and inserting ``Deputy
Under Secretary of Defense for Intelligence and Security''.
(C) The heading of section 137 is amended to read as
follows:
``Sec. 137. Under Secretary of Defense for Intelligence and Security''.
(D) The table of sections at the beginning of chapter 4 is
amended by striking the item relating to section 137 and
inserting the following new item:
``137. Under Secretary of Defense for Intelligence and Security.''.
(2) Title 5.--Title 5, United States Code, is amended as
follows:
(A) In section 5314, by striking ``Under Secretary of
Defense for Intelligence'' and inserting ``Under Secretary of
Defense for Intelligence and Security''.
(B) In section 5315, by striking ``Deputy Under Secretary
of Defense for Intelligence'' and inserting ``Deputy Under
Secretary of Defense for Intelligence and Security''.
SEC. 1622. MODIFICATIONS TO ISR INTEGRATION COUNCIL AND ANNUAL BRIEFING
REQUIREMENTS.
(a) ISR Integration Council.--Subsection (a) of section 426 of
title 10, United States Code, is amended to read as follows:
``(a) ISR Integration Council.--(1) The Under Secretary of Defense
for Intelligence and Security shall establish an Intelligence,
Surveillance, and Reconnaissance Integration Council--
``(A) to assist the Secretary of Defense in carrying out the
responsibilities of the Secretary under section 105(a) of the
National Security Act of 1947 (50 U.S.C. 3038(a));
``(B) to assist the Under Secretary with respect to matters
relating to--
``(i) integration of intelligence and counterintelligence
capabilities and activities under section 137(b) of this title
of the military departments, intelligence agencies of the
Department of Defense, and relevant combatant commands; and
``(ii) coordination of related developmental activities of
such departments, agencies, and combatant commands; and
``(C) to otherwise provide a means to facilitate such
integration and coordination.
``(2) The Council shall be composed of--
``(A) the Under Secretary, who shall chair the Council;
``(B) the directors of the intelligence agencies of the
Department of Defense;
``(C) the senior intelligence officers of the armed forces and
the regional and functional combatant commands;
``(D) the Director for Intelligence of the Joint Chiefs of
Staff; and
``(E) the Director for Operations of the Joint Chiefs of Staff.
``(3) The Under Secretary shall invite the participation of the
Director of National Intelligence (or a representative of the Director)
in the proceedings of the Council.
``(4) The Under Secretary may designate additional participants to
attend the proceedings of the Council, as the Under Secretary
determines appropriate.''.
(b) Annual Briefings.--Such section is further amended by striking
subsections (b) and (c) and inserting the following new subsection (b):
``(b) Annual Briefings on the Intelligence and Counterintelligence
Requirements of the Combatant Commands.--(1) The Chairman of the Joint
Chiefs of Staff shall provide to the congressional defense committees
and the congressional intelligence committees a briefing on the
following:
``(A) The intelligence and counterintelligence requirements, by
specific intelligence capability type, of each of the relevant
combatant commands.
``(B) For the year preceding the year in which the briefing is
provided, the fulfillment rate for each of the relevant combatant
commands of the validated intelligence and counterintelligence
requirements, by specific intelligence capability type, of such
combatant command.
``(C) A risk analysis identifying the critical gaps and
shortfalls in efforts to address operational and strategic
requirements of the Department of Defense that would result from
the failure to fulfill the validated intelligence and
counterintelligence requirements of the relevant combatant
commands.
``(D) A mitigation plan to balance and offset the gaps and
shortfalls identified under subparagraph (C), including with
respect to spaceborne, airborne, ground, maritime, and cyber
intelligence, surveillance, and reconnaissance capabilities.
``(E) For the year preceding the year in which the briefing is
provided--
``(i) the number of intelligence and counterintelligence
requests of each commander of a relevant combatant command
determined by the Joint Chiefs of Staff to be a validated
requirement, and the total of capacity of such requests
provided to each such commander;
``(ii) with respect to such validated requirements--
``(I) the quantity of intelligence and
counterintelligence capabilities or activities, by specific
intelligence capability type, that the Joint Chiefs of
Staff requested each military department to provide; and
``(II) the total of capacity of such requests so
provided by each such military department; and
``(iii) a qualitative assessment of the alignment of
intelligence and counterintelligence capabilities and
activities with the program of analysis for each combat support
agency and intelligence center of a military service that is
part of--
``(I) the Defense Intelligence Enterprise; and
``(II) the intelligence community.
``(2) The Under Secretary of Defense for Intelligence and Security
shall provide to the congressional defense committees and the
congressional intelligence committees a briefing on short-, mid-, and
long-term strategies to address the validated intelligence and
counterintelligence requirements of the relevant combatant commands,
including with respect to spaceborne, airborne, ground, maritime, and
cyber intelligence, surveillance, and reconnaissance capabilities.
``(3) The briefings required by paragraphs (1) and (2) shall be
provided at the same time that the President's budget is submitted
pursuant to section 1105(a) of title 31 for each of fiscal years 2021
through 2025.
``(4) In this subsection:
``(A) The term `congressional intelligence committees' has the
meaning given that term in section 3 of the National Security Act
of 1947 (50 U.S.C. 3003).
``(B) The term `Defense Intelligence Enterprise' means the
organizations, infrastructure, and measures, including policies,
processes, procedures, and products, of the intelligence,
counterintelligence, and security components of each of the
following:
``(i) The Department of Defense.
``(ii) The Joint Staff.
``(iii) The combatant commands.
``(iv) The military departments.
``(v) Other elements of the Department of Defense that
perform national intelligence, defense intelligence,
intelligence-related, counterintelligence, or security
functions.
``(C) The term `fulfillment rate' means the percentage of
combatant command intelligence and counterintelligence requirements
satisfied by available, acquired, or realigned intelligence and
counterintelligence capabilities or activities.
``(D) The term `intelligence community' has the meaning given
that term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).''.
SEC. 1623. MODIFICATION OF ANNUAL AUTHORIZATION OF APPROPRIATIONS FOR
NATIONAL FLAGSHIP LANGUAGE INITIATIVE.
Section 811(a) of the Fair Chance Act (50 U.S.C. 1911(a)) is
amended--
(1) by striking ``fiscal year 2003'' and inserting ``fiscal
year 2020''; and
(2) by striking ``$10,000,000'' and inserting ``$16,000,000''.
SEC. 1624. IMPROVING THE ONBOARDING METHODOLOGY FOR INTELLIGENCE
PERSONNEL.
(a) In General.--The Secretary of Defense and the Director of
National Intelligence shall, consistent with Department of Defense
Instruction 1400.25, as in effect on the day before the date of the
enactment of this Act--
(1) not later than 180 days after the date of the enactment of
this Act, submit to the appropriate committees of Congress a report
that outlines a common methodology for measuring onboarding in
elements of the intelligence community, including human resources
and security processes;
(2) not later than one year after the date of the enactment of
this Act, issue metrics for assessing key phases in the onboarding
described in paragraph (1) for which results will be reported by
the date that is 90 days after the date of such issuance;
(3) not later than 180 days after the date of the enactment of
this Act, submit to the appropriate committees of Congress a report
on collaboration among elements of the intelligence community on
their onboarding processes;
(4) not later than 180 days after the date of the enactment of
this Act, submit to the appropriate committees of Congress a report
on employment of automated mechanisms in elements of the
intelligence community, including for tracking personnel as they
pass through each phase of the onboarding process; and
(5) not later than December 31, 2020, distribute surveys to
human resources offices and applicants about their experiences with
the onboarding process in elements of the intelligence community.
(b) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence and the Committee
on Armed Services of the Senate; and
(B) the Permanent Select Committee on Intelligence and the
Committee on Armed Services of the House of Representatives.
(2) The term ``intelligence community'' has the meaning given
such term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
SEC. 1625. DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY ACTIVITIES
ON FACILITATING ACCESS TO LOCAL CRIMINAL RECORDS HISTORICAL DATA.
(a) Activity Authorized.--Subject to subsection (c), the Director
of the Defense Counterintelligence and Security Agency may carry out a
set of activities to reduce the time and cost of accessing State,
local, and tribal law enforcement records for the background
investigations required for current and prospective Federal Government
employees and contractors.
(b) Activities Characterized.--The activities carried out under
subsection (a) shall include only that training, education, and direct
assistance to State, local, and tribal communities needed for the
purpose of streamlining access to historical criminal record data.
(c) Limitations.--
(1) Commencement of activities.--The Director may not commence
carrying out any activities under subsection (a) until the date
that is 90 days after the date on which the Director submits the
report required by subsection (d)(1).
(2) Legal and reporting obligations.--The Director shall ensure
that no activity carried out under subsection (a) obligates a
State, local, or tribal entity to any additional legal or reporting
obligation to the Defense Counterintelligence and Security Agency.
(3) Scope.--No activity may be carried out under subsection (a)
that applies to any matter outside the limited purpose of
conducting background investigations for current and prospective
Federal Government employees and contractors.
(4) Consistency with access provided.--The Director shall
ensure that the activities carried out under subsection (a) are
carried out in a manner that is consistent with the access provided
by Federal law enforcement entities to the Defense
Counterintelligence and Security Agency.
(d) Reports.--
(1) Initial report.--Not later than 90 days after the date of
the enactment of this Act, the Director shall submit to the
congressional defense committees, the Select Committee on
Intelligence of the Senate, and the Permanent Select Committee on
Intelligence of the House of Representatives a report that details
a concept of operation for the set of activities authorized by
subsection (a).
(2) Annual reports.--Not later than one year after the date on
which the Director submits a report pursuant to paragraph (1) and
not less frequently than once each year thereafter, the Director
shall submit to the congressional defense committees, the Select
Committee on Intelligence of the Senate, and the Permanent Select
Committee on Intelligence of the House of Representatives a
detailed report on the activities carried out by the Director under
subsection (a).
SEC. 1626. SURVEY AND REPORT ON ALIGNMENT OF INTELLIGENCE COLLECTIONS
CAPABILITIES AND ACTIVITIES WITH DEPARTMENT OF DEFENSE REQUIREMENTS.
(a) Survey and Review.--
(1) In general.--Not later than 120 days after the date of the
enactment of this Act, the Under Secretary of Defense for
Intelligence and Security, in coordination with the Chairman of the
Joint Chiefs of Staff and the Director of National Intelligence,
shall--
(A) review the organization, posture, current and planned
investments, and processes of the intelligence collections
capabilities and activities, for the purpose of assessing the
sufficiency, integration, and interoperability of such
capabilities and activities to support the current and future
requirements of the Department of Defense; and
(B) conduct a survey of each geographic and functional
combatant command, with respect to intelligence collections
capabilities and activities, to assess--
(i) the current state of the support of such
capabilities and activities to military operations;
(ii) whether the posture of such capabilities and
activities is sufficient to address the requirements of the
Department of Defense;
(iii) the extent to which such capabilities and
activities address gaps and deficiencies with respect to
the operational requirements of the Global Campaign Plans,
as identified in the most recent readiness reviews
conducted by the Joint Staff; and
(iv) whether current and planned investments in such
capabilities and activities are sufficient to address near-
, mid-, and long-term spaceborne, airborne, terrestrial,
and human collection capability requirements.
(2) Elements.--The survey and review under paragraph (1) shall
include the following:
(A) A comprehensive assessment of intelligence collections
capabilities and activities, and whether such capabilities and
activities--
(i) are appropriately postured and sufficiently
resourced to meet current and future requirements of the
Department of Defense;
(ii) are appropriately balanced to address operational
and strategic defense intelligence requirements; and
(iii) are sufficiently integrated and interoperable
between activities of the Military Intelligence Program and
the National Intelligence Program to respond to emerging
requirements of the Department of Defense.
(B) With respect to each geographic and functional
combatant command--
(i) information on the gaps and deficiencies, by
specific intelligence capability type, described in
paragraph (1)(B)(iii);
(ii) a review of the alignment of such gaps and
deficiencies with the intelligence, surveillance, and
reconnaissance submissions to the integrated priorities
list for the period beginning with the completion of the
most recent readiness reviews conducted by the Joint Staff
and ending on the date of the commencement of the survey
and review under subsection (a); and
(iii) detailed information on the allocation and
realignment of intelligence collections capabilities and
activities to address--
(I) such gaps and deficiencies; and
(II) such intelligence, surveillance, and
reconnaissance submissions.
(b) Report.--
(1) Submission.--Not later than 270 days after the date of the
enactment of this Act, the Under Secretary of Defense for
Intelligence and Security shall submit to the appropriate
congressional committees a report on the findings of the Under
Secretary with respect to the survey and review under subsection
(a)(1).
(2) Content.--The report under paragraph (1) shall include--
(A) an evaluation of--
(i) the organization, posture, current and planned
investments, and processes of the intelligence collections
capabilities and activities, including the extent to which
such capabilities and activities enable the geographic and
functional combatant commands to meet the operational and
strategic requirements of the Department of Defense;
(ii) the use or planned use by each geographic and
functional combatant command of intelligence collections
capabilities and activities available to such command to
address operational and strategic requirements of the
Department of Defense;
(iii) the gaps and deficiencies described in subsection
(a)(1)(B)(iii), if any, that prohibit each geographic and
functional combatant command from the most effective use of
the intelligence collections capabilities and activities to
address priority requirements of the Department of Defense;
(iv) the accepted risk by the Secretary of Defense from
the prioritization of certain Department of Defense
requirements with respect to the allocation of intelligence
collections capabilities and activities; and
(v) the alignment and responsiveness of intelligence
collections capabilities and activities with respect to the
planning requirements for the Program of Analysis of each
combat support agency that is part of--
(I) the Defense Intelligence Enterprise; and
(II) the intelligence community; and
(B) recommendations, if any, to improve the sufficiency,
responsiveness, and interoperability of intelligence
collections capabilities and activities to fulfill the
operational and strategic requirements of the Department of
Defense.
(3) Form.--The report under paragraph (1) shall be submitted in
unclassified form without any designation relating to dissemination
control, but may contain a classified annex.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means--
(A) the congressional defense committees; and
(B) the congressional intelligence committees.
(2) The term ``combat support agency'' has the meaning given
that term in section 193(f) of title 10, United States Code.
(3) The term ``Defense Intelligence Enterprise'' has the
meaning given that term in section 1633(c)(2) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2600).
(4) The term ``intelligence collections capabilities and
activities'' means the totality of intelligence collections systems
and processes which enable the tasking, processing, exploitation,
and dissemination capabilities, capacity, and activities of the
Defense Intelligence Enterprise.
(5) The term ``intelligence community'' has the meaning given
that term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
(6) The term ``congressional intelligence committees'' has the
meaning given that term in section 3 of the National Security Act
of 1947 (50 U.S.C. 3003).
SEC. 1627. REPORTS ON CONSOLIDATED ADJUDICATION FACILITY OF THE DEFENSE
COUNTERINTELLIGENCE AND SECURITY AGENCY.
(a) Reports.--On a semiannual basis during the period beginning on
the date of the enactment of this Act and ending on the date specified
in subsection (b), and annually thereafter, the Director of the Defense
Counterintelligence and Security Agency shall submit to the
congressional defense committees a report on the processes in place for
adjudicating security clearances and the progress made to address the
backlog of security clearance applications, including--
(1) metrics used by the Director to evaluate the inventory and
timeliness of adjudicating security clearance cases; and
(2) details on the resources used by the Director in carrying
out the security clearance mission of the Consolidated Adjudication
Facility.
(b) Determination and Briefing.--Upon the date on which the
Director of the Defense Counterintelligence and Security Agency
determines both that the backlog of security clearance adjudications
has been substantially eliminated and that the timeline to conduct
background investigations reflects the type of investigation being
conducted and the level of clearance required, the Director shall--
(1) notify the congressional defense committees of such
determination; and
(2) provide to such committees a briefing on the progress made
by the Director with respect to security clearance adjudications.
SEC. 1628. REPORT ON THE EXPANDED PURVIEW OF THE DEFENSE
COUNTERINTELLIGENCE AND SECURITY AGENCY.
(a) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report on the Defense Counterintelligence and Security
Agency.
(b) Contents.--The report submitted under subsection (a) shall
include the following:
(1) Identification of the resources and authorities appropriate
for the inspector general for the expanded purview of the Defense
Counterintelligence and Security Agency.
(2) Identification of the resources and authorities needed to
perform the civil liberties and privacy officer function of the
Defense Counterintelligence and Security Agency.
(3) An assessment of the security protocols in effect for
personally identifiable information held by the Defense
Counterintelligence and Security Agency.
(4) An assessment of the governance structure of the Defense
Counterintelligence and Security Agency as it relates to the
Department of Defense, including with respect to status,
authorities, and leadership.
(5) An assessment of the governance structure of the Defense
Counterintelligence and Security Agency as it relates to
interagency partners, including the Office of Management and
Budget, the Office of the Director of National Intelligence, and
the Office of Personnel Management.
(6) The methodology the Defense Counterintelligence and
Security Agency will prioritize requests for background
investigation requests from government agencies and industry.
SEC. 1629. TERMINATION OF REQUIREMENT FOR DEPARTMENT OF DEFENSE
FACILITY ACCESS CLEARANCES FOR JOINT VENTURES COMPOSED OF PREVIOUSLY-
CLEARED ENTITIES.
A clearance for access to a Department of Defense installation or
facility may not be required for a joint venture if that joint venture
is composed entirely of entities that are currently cleared for access
to such installation or facility.
Subtitle C--Cyberspace-Related Matters
SEC. 1631. MATTERS RELATING TO MILITARY OPERATIONS IN THE INFORMATION
ENVIRONMENT.
(a) Principal Information Operations Advisor.--
(1) In general.--Chapter 19 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 397. Principal Information Operations Advisor
``(a) Designation.--Not later than 30 days after the enactment of
this Act, the Secretary of Defense shall designate, from among
officials appointed to a position in the Department of Defense by and
with the advice and consent of the Senate, a Principal Information
Operations Advisor to act as the principal advisor to the Secretary on
all aspects of information operations conducted by the Department.
``(b) Responsibilities.--The Principal Information Operations
Advisor shall have the following responsibilities:
``(1) Oversight of policy, strategy, planning, resource
management, operational considerations, personnel, and technology
development across all the elements of information operations of
the Department.
``(2) Overall integration and supervision of the deterrence of,
conduct of, and defense against information operations.
``(3) Promulgation of policies to ensure adequate coordination
and deconfliction with the Department of State, the intelligence
community (as such term is defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003)), and other relevant agencies
and departments of the Federal Government.
``(4) Coordination with the head of the Global Engagement
Center to support the purpose of the Center (as set forth by
section 1287(a)(2) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2656 note)) and
liaison with the Center and other relevant Federal Government
entities to support such purpose.
``(5) Establishing and supervising a rigorous risk management
process to mitigate the risk of potential exposure of United States
Persons to information intended exclusively for foreign audiences.
``(6) Promulgation of standards for the attribution or public
acknowledgment, if any, of operations in the information
environment.
``(7) Development of guidance for, and promotion of, the
capability of the Department to liaison with the private sector and
academia on matters relating to the influence activities of malign
actors.
``(8) Such other matters relating to information operations as
the Secretary shall specify for purposes of this subsection.''.
(2) Clerical amendments.--
(A) Chapter 19.--
(i) Chapter heading.--The heading of chapter 19 of such
title is amended to read as follows:
``CHAPTER 19--CYBER AND INFORMATION OPERATIONS MATTERS''.
(ii) Table of sections.--The table of sections at the
beginning of chapter 19 of such title is amended by
inserting at the end the following new item:
``397. Principal Information Operations Advisor.''.
(B) Table of chapters.--The table of chapters for part I of
subtitle A of such title is amended by striking the item
relating to chapter 19 and inserting the following new item:
``19. Cyber and Information Operations Matters....................391''.
(b) Affirming the Authority of the Secretary of Defense to Conduct
Military Operations in the Information Environment.--(1) Congress
affirms that the Secretary of Defense is authorized to conduct military
operations, including clandestine operations, in the information
environment to defend the United States, allies of the United States,
and interests of the United States, including in response to malicious
influence activities carried out against the United States or a United
States person by a foreign power.
(2) The military operations referred to in paragraph (1), when
appropriately authorized include the conduct of military operations
short of hostilities and in areas outside of areas of active
hostilities for the purpose of preparation of the environment,
influence, force protection, and deterrence of hostilities.
(c) Treatment of Clandestine Military Operations in the Information
Environment as Traditional Military Activities.--A clandestine military
operation in the information environment shall be considered a
traditional military activity for the purposes of section 503(e)(2) of
the National Security Act of 1947 (50 U.S.C. 3093(e)(2)).
(d) Quarterly Information Operations Briefings.--(1) Not less
frequently than once each quarter, the Secretary of Defense shall
provide the congressional defense committees a briefing on significant
military operations, including all clandestine operations in the
information environment, carried out by the Department of Defense
during the immediately preceding quarter.
(2) Each briefing under paragraph (1) shall include, with respect
to the military operations in the information environment described in
such paragraph, the following:
(A) An update, disaggregated by geographic and functional
command, that describes the operations carried out by the commands.
(B) An overview of authorities and legal issues applicable to
the operations, including any relevant legal limitations.
(C) An outline of any interagency activities and initiatives
relating to the operations.
(D) Such other matters as the Secretary considers appropriate.
(e) Rule of Construction.--Nothing in this section may be construed
to limit, expand, or otherwise alter the authority of the Secretary to
conduct military operations, including clandestine operations, in the
information environment, to authorize specific military operations, or
to limit, expand, or otherwise alter or otherwise affect the War Powers
Resolution (50 U.S.C. 1541 et seq.) or an authorization for use of
military force that was in effect on the day before the date of the
enactment of this Act.
(f) Cross-functional Team.--
(1) Establishment.--The Principal Information Operations
Advisor shall integrate the expertise in all elements of
information operations and perspectives of appropriate
organizations within the Office of the Secretary of Defense, Joint
Staff, military departments, Defense Agencies, and combatant
commands by establishing and maintaining a full-time cross-
functional team composed of subject-matter experts selected from
those organizations.
(2) Selection and organization.--The cross-functional team
established under paragraph (1) shall be selected, organized, and
managed in a manner consistent with section 911 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328;
10 U.S.C. 111 note).
(g) Strategy and Posture Review.--
(1) Strategy and posture review required.--Not later than 270
days after the date of the enactment of this Act, the Secretary of
Defense, acting through the Principal Information Operations
Advisor under section 397 of title 10, United States Code (as added
by subsection (a)) and the cross-functional team established under
subsection (f)(1), shall--
(A) develop or update, as appropriate, a strategy for
operations in the information environment, including how such
operations will be synchronized across the Department of
Defense and the global, regional, and functional interests of
the combatant commands;
(B) conduct an information operations posture review,
including an analysis of capability gaps that inhibit the
Department's ability to successfully execute the strategy
developed or updated pursuant to subparagraph (A);
(C) designate Information Operations Force Providers and
Information Operations Joint Force Trainers for the Department
of Defense;
(D) develop and persistently manage a joint lexicon for
terms related to information operations, including
``information operations'', ``information environment'',
``operations in the information environment'', and
``information related capabilities''; and
(E) determine the collective set of combat capabilities
that will be treated as part of operations in the information
environment, including cyber warfare, space warfare, military
information support operations, electronic warfare, public
affairs, and civil affairs.
(2) Coordination on certain cyber matters.--For any matters in
the strategy and posture review under paragraph (1) that involve or
relate to Department of Defense cyber capabilities, the Principal
Information Operations Advisor shall fully collaborate with the
Principal Cyber Advisor to the Secretary of Defense.
(3) Elements.--At a minimum, the strategy developed or updated
pursuant to paragraph (1)(A) shall include the following:
(A) The establishment of lines of effort, objectives, and
tasks that are necessary to implement such strategy and
eliminate the capability gaps identified under paragraph
(1)(B).
(B) In partnership with the Principal Cyber Advisor to the
Secretary of Defense and in coordination with any other
component or Department of Defense entity as selected by the
Secretary of Defense, an evaluation of any organizational
changes that may be required within the Office of the Secretary
of Defense, including potential changes to Under Secretary or
Assistant Secretary-level positions to comprehensively conduct
oversight of policy development, capabilities, and other
aspects of operations in the information environment as
determined pursuant to the information operations posture
review under paragraph (1)(B).
(C) An assessment of various models for operationalizing
information operations, including the feasibility and
advisability of establishing an Army Information Warfare
Command.
(D) A review of the role of information operations in
combatant commander operational planning, the ability of
combatant commanders to respond to hostile acts by adversaries,
and the ability of combatant commanders to engage and build
capacity with allies.
(E) A review of the law, policies, and authorities relating
to, and necessary for, the United States to conduct military
operations, including clandestine military operations, in the
information environment.
(4) Submission to congress.--Upon completion, the Secretary of
Defense shall present the strategy for operations in the
information environment and the information operations posture
review under subparagraphs (A) and (B), respectively, of paragraph
(1) to the Committees on Armed Services of the House of
Representatives and the Senate.
(h) Report.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall provide the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a report for the
structuring and manning of information operations capabilities and
forces across the Department of Defense. The Secretary shall
provide such Committees with quarterly updates on such plan.
(2) Elements.--The plan required under paragraph (1) shall
address the following:
(A) How the Department of Defense will organize to develop
a combined information operations strategy and posture review
under subsection (g).
(B) How the Department will fulfill the roles and
responsibilities of the Principal Information Operations
Advisor under section 397 of title 10, United States Code (as
added by subsection (a)).
(C) How the Department will establish the information
operations cross-functional team under subsection (f)(1).
(D) How the Department will utilize boards and working
groups involving senior-level Department representatives on
information operations.
(E) Such other matters as the Secretary of Defense
considers appropriate.
(i) Definitions.--In this section:
(1) The terms ``foreign person'' and ``United States person''
have the meanings given such terms in section 101 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
(2) The term ``hostilities'' has the same meaning as such term
is used in the War Powers Resolution (50 U.S.C. 1541 et seq.).
(3) The term ``clandestine military operation in the
information environment'' means an operation or activity, or
associated preparatory actions, authorized by the President or the
Secretary of Defense, that--
(A) is marked by, held in, or conducted with secrecy, where
the intent is that the operation or activity will not be
apparent or acknowledged publicly; and
(B) is to be carried out--
(i) as part of a military operation plan approved by
the President or the Secretary of Defense;
(ii) to deter, safeguard, or defend against attacks or
malicious influence activities against the United States,
allies of the United States, and interests of the United
States;
(iii) in support of hostilities or military operations
involving the United States armed forces; or
(iv) in support of military operations short of
hostilities and in areas where hostilities are not
occurring for the purpose of preparation of the
environment, influence, force protection, and deterrence.
SEC. 1632. NOTIFICATION REQUIREMENTS FOR SENSITIVE MILITARY CYBER
OPERATIONS.
Section 395 of title 10, United States Code, is amended--
(1) in subsection (b)(3), by inserting ``, signed by the
Secretary, or the Secretary's designee,'' after ``written
notification''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``and'' after the
semicolon at the end;
(ii) by redesignating subparagraph (B) as subparagraph
(C); and
(iii) by inserting after subparagraph (A) the following
new subparagraph:
``(B) is determined to--
``(i) have a medium or high collateral effects
estimate;
``(ii) have a medium or high intelligence gain or loss;
``(iii) have a medium or high probability of political
retaliation, as determined by the political military
assessment contained within the associated concept of
operations;
``(iv) have a medium or high probability of detection
when detection is not intended; or
``(v) result in medium or high collateral effects;
and''; and
(B) in paragraph (2)(B), by striking ``outside the
Department of Defense Information Networks to defeat an ongoing
or imminent threat''.
SEC. 1633. EVALUATION OF CYBER VULNERABILITIES OF MAJOR WEAPON SYSTEMS
OF THE DEPARTMENT OF DEFENSE.
Section 1647 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92) is amended by adding at the end the
following new subsections:
``(f) Written Notification.--If the Secretary determines that the
Department will not complete an evaluation of the cyber vulnerabilities
of each major weapon system of the Department by the date specified in
subsection (a)(1), the Secretary shall provide to the congressional
defense committees written notification relating to each such
incomplete evaluation. Such a written notification shall include the
following:
``(1) An identification of each major weapon system for which
an evaluation will not be complete by the date specified in
subsection (a)(1), the anticipated date of completion of the
evaluation of each such weapon system, and a description of the
remaining work to be done for the evaluation of each such weapon
system.
``(2) A justification for the inability to complete such an
evaluation by the date specified in subsection (a)(1).
``(g) Report.--The Secretary, acting through the Under Secretary of
Defense for Acquisition and Sustainment, shall provide a report to the
congressional defense committees upon completion of the requirement for
an evaluation of the cyber vulnerabilities of each major weapon system
of the Department under this section. Such report shall include the
following:
``(1) An identification of cyber vulnerabilities of each major
weapon system requiring mitigation.
``(2) An identification of current and planned efforts to
address the cyber vulnerabilities of each major weapon system
requiring mitigation, including efforts across the doctrine,
organization, training, materiel, leadership and education,
personnel, and facilities of the Department.
``(3) A description of joint and common cyber vulnerability
mitigation solutions and efforts, including solutions and efforts
across the doctrine, organization, training, materiel, leadership
and education, personnel, and facilities of the Department.
``(4) A description of lessons learned and best practices
regarding evaluations of the cyber vulnerabilities and cyber
vulnerability mitigation efforts relating to major weapon systems,
including an identification of useful tools and technologies for
discovering and mitigating vulnerabilities, such as those specified
in section 1657 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232), and
steps taken to institutionalize the use of these tools and
technologies.
``(5) A description of efforts to share lessons learned and
best practices regarding evaluations of the cyber vulnerabilities
and cyber vulnerability mitigation efforts of major weapon systems
across the Department.
``(6) An identification of measures taken to institutionalize
evaluations of cyber vulnerabilities of major weapon systems,
including an identification of which major weapon systems evaluated
under this section will be reevaluated in the future, when these
evaluations will occur, and how evaluations will occur for future
major weapon systems.
``(7) Information relating to guidance, processes, procedures,
or other activities established to mitigate or address the
likelihood of cyber vulnerabilities of major weapon systems by
incorporation of lessons learned in the research, development,
test, evaluation, and acquisition cycle, including promotion of
cyber education of the acquisition workforce.
``(8) An identification of systems to be incorporated into or
that have been incorporated into the National Security Agency's
Strategic Cybersecurity Program and the status of these systems in
the Program.
``(9) Any other matters the Secretary determines relevant.''.
SEC. 1634. QUARTERLY ASSESSMENTS OF THE READINESS OF CYBER MISSION
FORCES.
(a) In General.--Section 484(b) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) An overview of the readiness of the Cyber Mission Forces
to perform assigned missions that--
``(A) address all of the abilities of such Forces to
conduct cyberspace operations based on capability and capacity
of personnel, equipment, training, and equipment condition--
``(i) using both quantitative and qualitative metrics;
and
``(ii) in a way that is common to all military
departments; and
``(B) is consistent with readiness reporting pursuant to
section 482 of this title.''.
(b) Metrics.--
(1) Establishment required.--The Secretary of Defense shall
establish metrics for the assessment of the readiness of the Cyber
Mission Forces of the Department of Defense.
(2) Briefings required.--Not later than 90 days after the date
of the enactment of this Act and quarterly thereafter until
completion of the establishment of the metrics under paragraph (1),
the Secretary shall provide a briefing to the congressional defense
committees on such metrics, including progress as required pursuant
to subsection (c).
(c) Modification of Readiness Reporting System.--Not later than 180
days after the date of the enactment of this Act, the Secretary shall
take such actions as the Secretary considers appropriate to ensure that
the comprehensive readiness reporting system established pursuant to
section 117(a) of title 10, United States Code, covers matters relating
to the readiness of the Cyber Mission Forces--
(1) using the metrics established pursuant to subsection
(b)(1); and
(2) in a manner that is consistent with sections 117 and 482 of
such title.
(d) First Quarterly Briefing Assessing Cyber Readiness.--The
amendments made by subsection (a) shall take effect on the date that is
180 days after the date of the enactment of this Act.
SEC. 1635. CYBER POSTURE REVIEW.
Section 1644 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91) is amended--
(1) in subsection (a), by inserting ``, not later than December
31, 2022, and quadrennially thereafter,'' before ``conduct'';
(2) in subsection (b), by striking ``the review'' and inserting
``each review'';
(3) in subsection (c)--
(A) in the matter preceding paragraph (1), by striking
``The review'' and inserting ``Each review'';
(B) by redesignating paragraph (9) as paragraph (11); and
(C) by inserting after paragraph (8) the following new
paragraphs:
``(9) An assessment of the potential costs, benefits, and
value, if any, of establishing a cyber force as a separate
uniformed service.
``(10) Any recurrent problems or capability gaps that remain
unaddressed since the previous posture review.'';
(4) in subsection (d)--
(A) in paragraph (1), by striking ``the cyber'' and
inserting ``each cyber'';
(B) in paragraph (2), by striking ``The report'' and
inserting ``Each report''; and
(C) by striking paragraph (3); and
(5) in subsection (e), by striking ``period beginning on the
date that is five years after the date of the enactment of this Act
and ending on the date that is 10 years after such date of
enactment'' and inserting ``eight-year period that begins on the
date of each review conducted under subsection (a)''.
SEC. 1636. MODIFICATION OF ELEMENTS OF ASSESSMENT REQUIRED FOR
TERMINATION OF DUAL-HAT ARRANGEMENT FOR COMMANDER OF THE UNITED STATES
CYBER COMMAND.
Section 1642 of the National Defense Authorization Act for Fiscal
Year 2017 (130 Stat. 2601; Public Law 114-328) is amended--
(1) in subsection (b)(2)(C)--
(A) in clause (ii), by inserting ``and national
intelligence operations'' after ``operations'';
(B) by amending clause (iii) to read as follows:
``(iii) The tools, weapons, and accesses used in and
available for military cyber operations are sufficient for
achieving required effects and United States Cyber Command
is capable of acquiring or developing such tools, weapons,
and accesses.''; and
(C) by amending clause (vi) to read as follows:
``(vi) The Cyber Mission Force has achieved full
operational capability and has demonstrated the capacity to
execute the cyber missions of the Department, including the
following:
``(I) Execution of national-level missions through
cyberspace, including deterrence and disruption of
adversary cyber activity.
``(II) Defense of the Department of Defense
Information Network.
``(III) Support for other combatant commands,
including targeting of adversary military assets.'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection:
``(c) Biannual Briefing.--
``(1) In general.--Not later than 90 days after the date of the
enactment of this subsection and biannually thereafter, the
Secretary of Defense and the Director of National Intelligence
shall provide to the appropriate committees of Congress briefings
on the nature of the National Security Agency and United States
Cyber Command's current and future partnership. Briefings under
this subsection shall not terminate until the certification
specified in subsection (a) is issued.
``(2) Elements.--Each briefing under this subsection shall
include status updates on the current and future National Security
Agency-United States Cyber Command partnership efforts, including
relating to the following:
``(A) Common infrastructure and capability acquisition.
``(B) Operational priorities and partnership.
``(C) Research and development partnership.
``(D) Executed documents, written memoranda of agreements
or understandings, and policies issued governing such current
and future partnership.
``(E) Projected long-term efforts.''.
SEC. 1637. MODIFICATION OF CYBER SCHOLARSHIP PROGRAM.
Section 2200a(a)(1) of title 10, United States Code, is amended by
striking ``or advanced degree, or a certification,'' and inserting
``advanced degree, or certificate''.
SEC. 1638. TIER 1 EXERCISE OF SUPPORT TO CIVIL AUTHORITIES FOR A CYBER
INCIDENT.
Section 1648 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232) is amended--
(1) in subsection (a), by striking ``The'' and inserting ``Not
later than May 1, 2020, the''; and
(2) by adding at the end the following new subsection:
``(c) Limitation.--Of the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2020 for the
Department of Defense for the White House Communications Agency, not
more than 90 percent of such funds may be obligated or expended until
the initiation of the tier 1 exercise required under subsection (a).''.
SEC. 1639. EXTENSION OF THE CYBERSPACE SOLARIUM COMMISSION.
Paragraph (1) of section 1652(k) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232) is
amended by striking ``September 1, 2019'' and inserting ``April 30,
2020''.
SEC. 1640. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS FOR CYBER
OPERATIONS-PECULIAR CAPABILITY DEVELOPMENT PROJECTS.
(a) In General.--The Secretary of Defense and each Secretary of the
military departments concerned may obligate and expend not more than
$3,000,000 of amounts authorized to be appropriated for operation and
maintenance per service in each of fiscal years 2020 through 2022 to
carry out cyber operations-peculiar capability development projects.
(b) Notification.--Not later than 15 days after exercising the
authority provided for in subsection (a), the Secretary of Defense, or
his designee, and each Secretary of the military departments concerned,
or their designees, shall notify the congressional defense committees
of such exercise for projects exceeding $500,000.
(c) Report.--Not later than December 31 of each year through 2022,
the Secretary of Defense shall submit to the congressional defense
committees a report on obligations and expenditures made pursuant to
the authority provided for in subsection (a). Each such report shall
include a full description and evaluation of each of the cyber
operations-peculiar capability development projects that is the subject
of each such obligation or expenditure, definitions and standards for
cyber operations-peculiar requirements, transition plans, and any other
matters the Secretary determines relevant.
SEC. 1641. ROLE OF CHIEF INFORMATION OFFICER IN IMPROVING ENTERPRISE-
WIDE CYBERSECURITY.
(a) In General.--In carrying out the responsibilities established
in section 142 of title 10, United States Code, the Chief Information
Officer of the Department of Defense shall, to the maximum extent
practicable, ensure that the cybersecurity programs and capabilities of
the Department--
(1) fit into an enterprise-wide cybersecurity architecture;
(2) are maximally interoperable with each other, including
those programs and capabilities deployed by the components of the
Department;
(3) enhance enterprise-level visibility and responsiveness to
threats; and
(4) are developed, procured, instituted, and managed in a cost-
efficient manner, exploiting economies of scale and enterprise-wide
services and discouraging unnecessary customization and piecemeal
acquisition.
(b) Requirements.--In carrying out subsection (a), the Chief
Information Officer shall--
(1) manage and modernize the cybersecurity architecture of the
Department, including--
(A) ensuring the cybersecurity architecture of the
Department maximizes cybersecurity capability, network, and
endpoint activity data sharing across Department components;
(B) ensuring the cybersecurity architecture of the
Department supports improved automaticity of cybersecurity
detection and response; and
(C) modernizing and configuring the Department's
standardized deployed perimeter, network-level, and endpoint
capabilities to improve interoperability, meet pressing
capability needs, and negate common adversary tactics,
techniques, and procedures;
(2) establish mechanisms to enable and mandate, as necessary,
cybersecurity capability and network and endpoint activity data-
sharing across Department components;
(3) make mission data, through data tagging, automatic
transmission, and other means, accessible and discoverable by
Department components other than owners of such mission data;
(4) incorporate into the cybersecurity architecture of the
Department emerging cybersecurity technologies from the Defense
Advanced Research Projects Agency, the Strategic Capabilities
Office, the Defense Innovation Unit, the laboratories of the
military departments, and the commercial sector;
(5) ensure that the Department possesses the necessary
computing infrastructure, through technology refresh, installation
or acquisition of bandwidth, and the use of cloud computing power,
to host and enable necessary cybersecurity capabilities; and
(6) utilize the Department's cybersecurity expertise to improve
cybersecurity performance, operations, and acquisition, including--
(A) the cybersecurity testing, architecting, and
engineering expertise of the National Security Agency; and
(B) the technology policy, workforce, and engineering
expertise of the Defense Digital Service.
SEC. 1642. NOTIFICATION OF DELEGATION OF AUTHORITIES TO THE SECRETARY
OF DEFENSE FOR MILITARY OPERATIONS IN CYBERSPACE.
(a) In General.--The Secretary of Defense shall provide written
notification to the Committee on Armed Services of the House of
Representatives and the Committee on Armed Services of the Senate of
the following:
(1) Authorities delegated to the Secretary by the President for
military operations in cyberspace that are otherwise held by the
National Command Authority, not later than 15 days after any such
delegation. A notification under this paragraph shall include a
description of the authorities delegated to the Secretary.
(2) Concepts of operations approved by the Secretary pursuant
to delegated authorities described in paragraph (1), not later than
15 days after any such approval. A notification under this
paragraph shall include the following:
(A) A description of authorized activities to be conducted
or planned to be conducted pursuant to such authorities.
(B) The defined military objectives relating to such
authorities.
(C) A list of countries in which such authorities may be
exercised.
(D) A description of relevant orders issued by the
Secretary in accordance with such authorities.
(b) Procedures.--
(1) In general.--The Secretary of Defense shall establish and
submit to the Committee on Armed Services of the House of
Representatives and the Committee on Armed Services of the Senate
procedures for complying with the requirements of subsection (a),
consistent with the national security of the United States and the
protection of operational integrity. The Secretary shall promptly
notify such committees in writing of any changes to such procedures
at least 14 days prior to the adoption of any such changes.
(2) Sufficiency.--The Committee on Armed Services of the House
of Representatives and the Committee on Armed Services of the
Senate shall ensure that committee procedures designed to protect
from unauthorized disclosure classified information relating to
national security of the United States are sufficient to protect
the information that is submitted to such committees pursuant to
this section.
(3) Notification in event of unauthorized disclosure.--In the
event of an unauthorized disclosure of authorities covered by this
section, the Secretary of Defense shall ensure, to the maximum
extent practicable, that the Committee on Armed Services of the
House of Representatives and the Committee on Armed Services of the
Senate are notified immediately. Notification under this paragraph
may be verbal or written, but in the event of a verbal
notification, a written notification signed by the Secretary shall
be provided by not later than 48 hours after the provision of such
verbal notification.
SEC. 1643. LIMITATION OF FUNDING FOR CONSOLIDATED AFLOAT NETWORKS AND
ENTERPRISE SERVICES.
Of the funds authorized to be appropriated by this Act for fiscal
year 2020 for the Consolidated Afloat Networks and Enterprise Services,
not more than 85 percent of such funds may be obligated or expended
until the Secretary of the Navy and the Chief Information Officer of
the Department of Defense independently certify to the congressional
defense committees, the Permanent Select Committee on Intelligence of
the House of Representatives, and the Select Committee on Intelligence
of the Senate that recommendations in the Audit of Consolidated Afloat
Networks and Enterprise Services Security Safeguards (DODIG-2019-072)
have been implemented.
SEC. 1644. ANNUAL MILITARY CYBERSPACE OPERATIONS REPORT.
(a) In General.--Not later than March 1 of each year, the Secretary
of Defense shall provide to the congressional defense committees a
written report summarizing all named military cyberspace operations
conducted in the previous calendar year, including cyber effects,
operations, cyber effects enabling operations, and cyber operations
conducted as defensive operations. Each such summary should be
organized by adversarial country and should include the following for
each named operation:
(1) An identification of the objective and purpose.
(2) Descriptions of the impacted countries, organizations, or
forces, and nature of the impact.
(3) A description of methodologies used for the cyber effects
operation or cyber effects enabling operation.
(4) An identification of the Cyber Mission Force teams, or
other Department of Defense entity or units, that conducted such
operation, and supporting teams, entities, or units.
(5) An identification of the infrastructures on which such
operations occurred.
(6) A description of relevant legal, operational, and funding
authorities.
(7) Additional costs beyond baseline operations and maintenance
and personnel costs directly associated with the conduct of the
cyber effects operation or cyber effects enabling operation.
(8) Any other matters the Secretary determines relevant.
(b) Classification.--The Secretary of Defense shall provide each
report required under subsection (a) at a classification level the
Secretary determines appropriate.
(c) Limitation.--This section does not apply to cyber-enabled
military information support operations or military deception
operations.
SEC. 1645. ANNUAL REPORT ON CYBER ATTACKS AND INTRUSIONS AGAINST THE
DEPARTMENT OF DEFENSE BY CERTAIN FOREIGN ENTITIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and each fiscal year thereafter through fiscal
year 2023, the Principal Cyber Advisor to the Secretary of Defense and
Chief Information Officer of the Department of Defense shall submit to
the congressional defense committees a report on cyber attacks and
intrusions in the previous 12 months by agents or associates of the
Governments of the Russian Federation, the People's Republic of China,
the Islamic Republic of Iran, and the Democratic People's Republic of
Korea against or into the information systems (as such term is defined
in section 3502 of title 44, United States Code) of--
(1) the Department of Defense; and
(2) any contractor of the Department of Defense that works on
sensitive United States military technology.
(b) Form.--The report required by subsection (a) shall be submitted
in classified form. The data in such report shall be aggregated from
U.S. Cyber Command, the Defense Information Systems Agency, the
military services and Department of Defense agencies, the Joint Staff,
and the Office of the Secretary of Defense.
SEC. 1646. CONTROL AND ANALYSIS OF DEPARTMENT OF DEFENSE DATA STOLEN
THROUGH CYBERSPACE.
(a) Requirements.--If the Secretary of Defense determines that
significant Department of Defense data may have been stolen through
cyberspace and evidence of theft of the data in question--
(1) is in the possession of a component of the Department, the
Secretary shall--
(A) either transfer or replicate and transfer such
Department data in a prompt and secure manner to a secure
repository with access by Department personnel appropriately
limited on a need-to-know basis or otherwise ensure such
consistent access to the relevant data by other means;
(B) ensure the Department applies such automated analytic
tools and capabilities to the repository of potentially
compromised data as are necessary to rapidly understand the
scope and effect of the potential compromise;
(C) for high priority and mission critical Department
systems, develop analytic products that characterize the scope
of data compromised;
(D) ensure that relevant mission-affected entities in the
Department are made aware of the theft or possible theft and,
as damage assessment and mitigation proceeds, are kept apprised
of the extent of the data stolen; and
(E) ensure that Department counterintelligence
organizations are--
(i) fully integrated with any damage assessment team
assigned to the breach;
(ii) fully informed of the data that have or
potentially have been stolen and the effect of such theft;
and
(iii) provided resources and tasked, in conjunction
with subject matter experts and responsible authorities, to
immediately and appropriately respond, including through
the development and execution of relevant countermeasures,
to any breach involving espionage and data theft; or
(2) is in the possession of or under controls or restrictions
imposed by the Federal Bureau of Investigation, or a national
counterintelligence or intelligence organization, the Secretary
shall determine, jointly with the Director of the Federal Bureau of
Investigation or the Director of National Intelligence, as
appropriate, the most expeditious process, means, and conditions
for carrying out the activities otherwise required by paragraph
(1).
(b) Recommendations.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees such recommendations as the Secretary may have for
legislative or administrative action to address such barriers that may
be inhibiting the implementation of this section.
SEC. 1647. USE OF NATIONAL SECURITY AGENCY CYBERSECURITY EXPERTISE TO
SUPPORT EVALUATION OF COMMERCIAL CYBERSECURITY PRODUCTS.
(a) Advisory Mission.--The National Security Agency shall, as a
mission in its role in securing the information systems of the
Department of Defense, advise and assist the Department of Defense in
its evaluation and adoption of cybersecurity products and services from
industry, especially the commercial cybersecurity sector.
(b) Program to Improve Acquisition of Cybersecurity Products and
Services.--
(1) Establishment.--Consistent with subsection (a), the
Director of the National Security Agency shall establish a
permanent program consisting of market research, testing, and
expertise transmission, or augments to existing programs, to
improve the evaluation by the Department of Defense of
cybersecurity products and services.
(2) Requirements.--Under the program established pursuant to
paragraph (1), the Director shall, independently and at the request
of the components of the Department of Defense--
(A) test and evaluate commercially available cybersecurity
products and services using--
(i) generally known cyber operations techniques; and
(ii) tools and cyber operations techniques and advanced
tools and techniques available to the National Security
Agency;
(B) develop and establish standard procedures, techniques,
and threat-informed metrics to perform the testing and
evaluation required by subparagraph (A); and
(C) advise the Chief Information Officer and the components
of the Department of Defense on the merits and disadvantages of
evaluated cybersecurity products, including with respect to--
(i) any synergies between products;
(ii) value;
(iii) matters relating to operation and maintenance;
and
(iv) matters relating to customization requirements.
(3) Limitations.--The program established under paragraph (1)
may not--
(A) by used to accredit cybersecurity products and services
for use by the Department;
(B) create approved products lists; or
(C) be used for the procurement and fielding of
cybersecurity products on behalf of the Department.
SEC. 1648. FRAMEWORK TO ENHANCE CYBERSECURITY OF THE UNITED STATES
DEFENSE INDUSTRIAL BASE.
(a) Framework Required.--Not later than February 1, 2020, the
Secretary of Defense shall develop a consistent, comprehensive
framework to enhance cybersecurity for the United States defense
industrial base.
(b) Elements.--The framework developed pursuant to subsection (a)
shall include the following:
(1) Identification of unified cybersecurity standards,
regulations, metrics, ratings, third-party certifications, or
requirements to be imposed on the defense industrial base for the
purpose of assessing the cybersecurity of individual contractors.
(2) Roles and responsibilities of the Under Secretary of
Defense for Acquisition and Sustainment, the Under Secretary of
Defense for Intelligence and Security, the Chief Information
Officer, the Director of the Protecting Critical Technologies Task
Force, and the Secretaries of the military departments relating to
the following:
(A) Establishing and ensuring compliance with cybersecurity
standards, regulations, and policies.
(B) Deconflicting existing cybersecurity standards,
regulations, and policies.
(C) Coordinating with and providing assistance to the
defense industrial base for cybersecurity matters, particularly
as relates to the programs and processes described in
paragraphs (8) and (9).
(D) Management and oversight of the acquisition process,
including responsibility determination, solicitation, award,
and contractor management, relating to cybersecurity standards,
regulations, metrics, ratings, third-party certifications, or
requirements.
(3) The responsibilities of the prime contractors, and all
subcontractors in the supply chain, for implementing the required
cybersecurity standards, regulations, metrics, ratings, third-party
certifications, and requirements identified under paragraph (1).
(4) Definitions for ``Controlled Unclassified Information''
(CUI) and ``For Official Use Only'' (FOUO), as well as policies
regarding protecting information designated as either of such.
(5) Methods and programs for managing controlled unclassified
information, and for limiting the presence of unnecessary sensitive
information on contractor networks.
(6) A plan to provide implementation guidance, education,
manuals, and, as necessary, direct technical support or assistance,
to contractors on matters relating to cybersecurity.
(7) Quantitative metrics for assessing the effectiveness of the
overall framework over time, with respect to the exfiltration of
controlled unclassified information from the defense industrial
base.
(8) A comprehensive list of current and planned Department of
Defense programs to assist the defense industrial base with
cybersecurity compliance requirements of the Department, including
those programs that provide training, expertise, and funding, and
maintain approved security products lists and approved providers
lists.
(9) Processes for enhanced threat information sharing between
the Department of Defense and the defense industrial base.
(c) Matters for Consideration.--In developing the framework
pursuant to subsection (a), the Secretary shall consider the following:
(1) Designating an official to be responsible for the
cybersecurity of the defense industrial base.
(2) Risk-based methodologies, standards, metrics, and tiered
cybersecurity requirements for the defense industrial base,
including third-party certifications such as the Cybersecurity
Maturity Model Certification pilot program, as the basis for a
mandatory Department standard.
(3) Tailoring cybersecurity requirements for small- and medium-
sized contractors based on a risk-based approach.
(4) Ensuring a consistent approach across the Department to
cybersecurity standards, regulations, metrics, ratings, third-party
certifications, or requirements of the defense industrial base.
(5) Ensuring the Department's traceability and visibility of
cybersecurity compliance of suppliers to all levels of the supply
chain.
(6) Evaluating incentives and penalties for cybersecurity
performance of suppliers.
(7) Integrating cybersecurity and traditional
counterintelligence measures, requirements, and programs.
(8) Establishing a secure software development environment
(DevSecOps) in a cloud environment inside the perimeter of the
Department for contractors to perform their development work.
(9) Establishing a secure cloud environment through which
contractors may access the data of the Department needed for their
contract work.
(10) An evaluation of the resources and utilization of
Department programs to assist the defense industrial base in
complying with cybersecurity compliance requirements referred to in
subsection (b)(1).
(11) Technological means, operational concepts, reference
architectures, offensive counterintelligence operation concepts,
and plans for operationalization to complicate adversary espionage,
including honeypotting and data obfuscation.
(12) Implementing enhanced security vulnerability assessments
for contractors working on critical acquisition programs,
technologies, manufacturing capabilities, and research areas.
(13) Identifying ways to better leverage technology and employ
machine learning or artificial intelligence capabilities, such as
Internet Protocol monitoring and data integrity capabilities, to be
applied to contractor information systems that host, receive, or
transmit controlled unclassified information.
(14) Developing tools to easily segregate program data to only
allow subcontractors access to their specific information.
(15) Appropriate communications of threat assessments of the
defense industrial base to the acquisition workforce at all
classification levels.
(16) A single Sector Coordinating Council for the defense
industrial base.
(17) Appropriate communications with the defense industrial
base on the impact of cybersecurity requirements in contracting and
procurement decisions.
(d) Consultation.--In developing the framework required pursuant to
subsection (a), the Secretary shall consult with the following:
(1) Industry groups representing the defense industrial base.
(2) Contractors in the defense industrial base.
(3) The Director of the National Institute of Standards and
Technology.
(4) The Secretary of Energy.
(5) The Director of National Intelligence.
(6) Relevant Federal regulatory agencies.
(e) Briefing.--
(1) In general.--Not later than March 11, 2020, the Secretary
of Defense shall provide the congressional defense committees with
a briefing on the framework developed pursuant to subsection (a).
(2) Contents.--The briefing required by paragraph (1) shall
include the following:
(A) An overview of the framework developed pursuant to
subsection (a).
(B) Identification of such pilot programs as the Secretary
considers may be required to improve the cybersecurity of the
defense industrial base.
(C) Implementation timelines and identification of costs.
(D) Such recommendations as the Secretary may have for
legislative action to improve the cybersecurity of the defense
industrial base.
(f) Quarterly Briefings.--
(1) In general.--Not less frequently than once each quarter
after the briefing provided pursuant to subsection (e) until
February 1, 2022, the Secretary of Defense shall brief the
congressional defense committees on the status of development and
implementation of the framework developed pursuant to subsection
(a).
(2) Coordination with other briefings.--Each briefing under
paragraph (1) shall be conducted in conjunction with a quarterly
briefing under section 484(a) of title 10, United States Code.
(3) Elements.--Each briefing under paragraph (1) shall include
the following:
(A) The current status of the development and
implementation of the framework developed pursuant to
subsection (a).
(B) A description of the efforts undertaken by the
Secretary to evaluate the matters for consideration set forth
in subsection (c).
(C) The current status of any pilot programs the Secretary
is carrying out to develop the framework.
SEC. 1649. REPORT ON CYBERSECURITY TRAINING PROGRAMS.
Not later than 240 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committee on Armed
Services of the House of Representatives and the Committee on Armed
Services of the Senate a report that accounts for all of the efforts,
programs, initiatives, and investments of the Department of Defense to
train elementary, secondary, and postsecondary students in fields
related to cybersecurity, cyber defense, and cyber operations. The
report shall--
(1) include information on the metrics used to evaluate such
efforts, programs, initiatives, and investments, and identify
overlaps or redundancies across the such efforts, programs,
initiatives, and investments; and
(2) address how the Department leverages such efforts,
programs, initiatives, and investments in the recruitment and
retention of both the civilian and military cyber workforces.
SEC. 1650. NATIONAL SECURITY PRESIDENTIAL MEMORANDUMS RELATING TO
DEPARTMENT OF DEFENSE OPERATIONS IN CYBERSPACE.
Not later than 30 days after the date of the enactment of this Act,
upon request of the congressional defense committees, the President
shall allow for such committees to read a copy of all National Security
Presidential Memorandums relating to Department of Defense operations
in cyberspace at an appropriately cleared facility of the requesting
committee's choosing. At the conclusion of such reading, such documents
shall be collected and returned to the President.
SEC. 1651. REORIENTATION OF BIG DATA PLATFORM PROGRAM.
(a) Reorientation of Program.--
(1) In general.--Not later than January 1, 2021, the Secretary
of Defense shall--
(A) reorient the Big Data Platform program as specified in
this section; and
(B) align the reorientation effort under an existing line
of effort of the Cyber Strategy of the Department of Defense.
(2) Oversight of implementation.--The Secretary shall act
through the Principal Cyber Advisor and the supporting Cross
Functional Team in the oversight of the implementation of paragraph
(1).
(b) Common Baseline and Security Classification Scheme.--
(1) In general.--Not later than January 1, 2021, the Secretary
shall establish a common baseline and security classification
scheme for the collection, storage, processing, querying, analysis,
and accessibility of a common and comprehensive set of metadata
from sensors, applications, appliances, products, and systems
deployed across the Department of Defense Information Network
(DODIN) to enable the discovery, tracking, and remediation of
cybersecurity threats.
(2) Requirements.--In carrying out paragraph (1), the Secretary
shall--
(A) take such actions as the Secretary considers necessary
to standardize deployed infrastructure, including the
Department of Defense's perimeter capabilities at the Internet
Access Points, the Joint Regional Security Stacks, or other
approved solutions, and the routing of data laterally and
vertically from Department of Defense Information Network
segments and tiers, to enable standard and comprehensive
metadata collection;
(B) take such actions as the Secretary considers necessary
to standardize deployed cybersecurity applications, products,
and sensors and the routing of data laterally and vertically
from Department of Defense Information Network segments and
tiers, to enable standard and comprehensive metadata
collection;
(C) develop an enterprise-wide architecture and strategy
for--
(i) where to place sensors or extract data from network
information technology, operational technology, and
cybersecurity appliances, applications, products, and
systems for cybersecurity purposes;
(ii) which metadata data records should be universally
sent to Big Data Platform instances and which metadata data
records, if any, should be locally retained; and
(iii) expeditiously and efficiently transmitting
metadata records to the Big Data Platform instances,
including the acquisition and installation of further data
bandwidth;
(D) determine the appropriate number, organization, and
functions of separate Big Data Platform instances, and whether
the Big Data Platform instances that are currently managed by
Department of Defense components, including the military
services, should instead be jointly and regionally organized,
or terminated;
(E) determine the appropriate roles of the Defense
Information Systems Agency's Acropolis, United States Cyber
Command's Scarif, and any similar Big Data Platforms as
enterprise-wide real-time cybersecurity situational awareness
capabilities or as complements or replacements for component
level Big Data Platform instances;
(F) ensure that all Big Data Platform instances are
engineered and approved to enable standard access and
expeditious query capabilities by the Unified Platform, the
network defense service providers, and the Cyber Mission
Forces, with centrally managed authentication and authorization
services;
(G) prohibit and remove barriers to information sharing,
distributed query, data analysis, and collaboration across Big
Data Platform instances, such as incompatible interfaces,
interconnection service agreements, and the imposition of
accreditation boundaries;
(H) transition all Big Data Platform instances to a cloud
computing environment in alignment with the cloud strategy of
the Chief Information Officer of the Department of Defense;
(I) consider whether packet capture databases should
continue to be maintained separately from the Big Data Platform
instances, managed at the secret level of classification, and
treated as malware-infected when the packet data are copies of
packets extant in the Department of Defense Information
Network;
(J) in the case that the Secretary decides to sustain the
status quo on packet capture databases, ensure that analysts
operating on or from the Unified Platform, the Big Data
Platform instances, the network defense services providers, and
the Cyber Mission Forces can directly access packets and query
the database; and
(K) consider whether the Joint Artificial Intelligence
Center's cybersecurity artificial intelligence national mission
initiative, and any other similar initiatives, should include
an application for the metadata residing in the Big Data
Platform instances.
(c) Limit on Data and Data Indexing Schema.--The Secretary shall
ensure that the Unified Platform and the Big Data Platform programs
achieve data and data indexing schema standardization and integration
to ensure interoperability, access, and sharing by and between Big Data
Platform and other data sources and stores.
(d) Analytics and Application Sourcing and Collaboration.--The
Secretary shall ensure that the services, U.S. Cyber Command, and
Defense Information Systems Agency--
(1) seek advanced analytics and applications from Government
and commercial sources that can be executed on the deployed Big
Data Platform architecture; and
(2) collaborate with vendors offering commercial analytics and
applications, including support to refactoring commercial
capabilities to the Government platform where industry can still
own the intellectual property embedded in the analytics and
applications.
(e) Briefing Required.--Not later than 180 days after the date of
the enactment of this Act and not less frequently than once every 180
days thereafter until the activities required by subsection (a)(1) are
completed, the Secretary shall brief the congressional defense
committees on the activities of the Secretary in carrying out
subsection (b).
SEC. 1652. ZERO-BASED REVIEW OF DEPARTMENT OF DEFENSE CYBER AND
INFORMATION TECHNOLOGY PERSONNEL.
(a) Review Required.--Not later than January 1, 2021, each head of
a covered department, component, or agency shall--
(1) complete a zero-based review of the cyber and information
technology personnel of the head's covered department, component,
or agency; and
(2) provide the Principal Cyber Advisor, the Chief Information
Officer of the Department of Defense, and the Under Secretary of
Defense for Personnel and Readiness the findings of the head with
respect to the head's covered department, component, or agency.
(b) Covered Departments, Components, and Agencies.--For purposes of
this section, a covered department, component, or agency is--
(1) an independent Department of Defense component or agency;
(2) the Office of the Secretary of Defense;
(3) a component of the Joint Staff;
(4) a military department or an armed force; or
(5) a reserve component of the Armed Forces.
(c) Scope of Review.--As part of a review conducted pursuant to
subsection (a)(1), the head of a covered department, component, or
agency shall, with respect to the covered department, component, or
agency of the head--
(1) assess military, civilian, and contractor positions and
personnel performing cyber and information technology missions;
(2) determine the roles and functions assigned by reviewing
existing position descriptions and conducting interviews to
quantify the current workload performed by military, civilian, and
contractor workforce;
(3) compare the Department's manning with the manning of
comparable industry organizations;
(4) include evaluation of the utility of cyber- and information
technology-focused missions, positions, and personnel within such
components--
(A) to assess the effectiveness and efficiency of current
activities;
(B) to assess the necessity of increasing, reducing, or
eliminating resources; and
(C) to guide prioritization of investment and funding;
(5) develop recommendations and objectives for organizational,
manning, and equipping change, taking into account anticipated
developments in information technologies, workload projections,
automation and process enhancements, and Department requirements;
(6) develop a gap analysis, contrasting the current
organization and the objectives developed pursuant to paragraph
(5); and
(7) develop roadmaps of prioritized activities and a timeline
for implementing the activities to close the gaps identified
pursuant to paragraph (6).
(d) Elements.--In carrying out a review pursuant to subsection
(a)(1), the head of a covered department, component, or agency shall
consider the following:
(1) Whether position descriptions and coding designators for
given cybersecurity and information technology roles are accurate
indicators of the work being performed.
(2) Whether the function of any cybersecurity or information
technology position or personnel can be replaced by acquisition of
cybersecurity or information technology products or automation.
(3) Whether a given component or subcomponent is over- or
under-resourced in terms of personnel, using industry standards as
a benchmark where applicable.
(4) Whether cybersecurity service provider positions and
personnel fit coherently into the enterprise-wide cybersecurity
architecture and with the Department's cyber protection teams.
(5) Whether the function of any cybersecurity or information
technology position or personnel could be conducted more
efficiently or effectively by enterprise-level cyber or information
technology personnel.
(e) Furnishing Data and Analysis.--
(1) Data and analysis.--In carrying out subsection (a)(2), each
head of a covered department, component, or agency, shall furnish
to the Principal Cyber Advisor, the Chief Information Officer, and
the Under Secretary a description of the analysis that led to the
findings submitted under such subsection and the data used in such
analysis.
(2) Certification.--The Principal Cyber Advisor, the Chief
Information Officer, and the Under Secretary of Defense shall
jointly review each submittal under subsection (a)(2) and certify
whether the findings and analysis are in compliance with the
requirements of this section.
(f) Recommendations.--After receiving findings submitted by a head
of a covered department, component, or agency pursuant to paragraph (2)
of subsection (a) with respect to a review conducted by the head
pursuant to paragraph (1) of such subsection, the Principal Cyber
Advisor, the Chief Information Officer, and the Under Secretary shall
jointly provide to such head such recommendations as the Principal
Cyber Advisor, the Chief Information Officer, and the Under Secretary
may have for changes in manning or acquisition that proceed from such
review.
(g) Implementation.--The Principal Cyber Advisor, the Chief
Information Officer, and the Under Secretary shall jointly oversee and
assist in the implementation of the roadmaps developed pursuant to
subsection (c)(7) and the recommendations developed pursuant to
subsection (f).
(h) In-progress Reviews.--Not later than six months after the date
of the enactment of this Act and not less frequently than once every
six months thereafter until the Principal Cyber Advisor, the Chief
Information Officer, and the Under Secretary give the briefing required
by subsection (i), the Principal Cyber Advisor, the Chief Information
Officer, and the Under Secretary shall jointly--
(1) conduct in-progress reviews of the status of the reviews
required by subsection (a)(1); and
(2) provide the congressional defense committees with a
briefing on such in-progress reviews.
(i) Final Briefing.--After all of the reviews have been completed
under paragraph (1) of subsection (a), after receiving all of the
findings pursuant to paragraph (2) of such subsection, and not later
than June 1, 2021, the Principal Cyber Advisor, the Chief Information
Officer, and the Under Secretary shall jointly provide to the
congressional defense committees a briefing on the findings of the
Principal Cyber Advisor, the Chief Information Officer, and the Under
Secretary with respect to such reviews, including such recommendations
as the Principal Cyber Advisor, the Chief Information Officer, and the
Under Secretary may have for changes to the budget of the Department as
a result of such reviews.
(j) Definition of Zero-based Review.--In this section, the term
``zero-based review'' means a review in which an assessment is
conducted with each item, position, or person costed anew, rather than
in relation to its size or status in any previous budget.
SEC. 1653. STUDY ON IMPROVING CYBER CAREER PATHS IN THE NAVY.
(a) Study Required.--Not later than October 1, 2020, the Secretary
of the Navy and the Chief of Naval Operations shall jointly--
(1) complete a study on methods to improve military and
civilian cyber career paths within the Navy; and
(2) submit to the congressional defense committees a report on
the findings of the Secretary and Chief with respect to the study
completed pursuant to paragraph (1), including all of the data used
in such study.
(b) Elements.--The report submitted pursuant to subsection (a)(2)
shall include the following:
(1) A plan for implementing career paths for civilian and
military personnel tailored to develop expertise in cyber skill
sets, including skill sets appropriate for offensive and defensive
military cyber operations. Such plan should also evaluate the
current Cyber Warfare Engineer career field for officers, including
options for expanding the career field beyond current plans.
(2) Suggested changes to the processes that govern the
identification of talent and career progression of the civilian and
military workforce.
(3) A methodology for a cyber workforce assignment policy that
deliberately builds depth and breadth of knowledge regarding the
conduct of cyber operations throughout an entire career.
(4) Possible enhancements to identifying, recruiting, training,
and retaining the civilian and military cyber workforce, especially
for Interactive On-Net operators and tool developers.
(5) Recommendations for legislative and administrative actions
to address the findings and recommendations of the Secretary and
the Chief with respect to the study completed pursuant to
subsection (a)(1).
(c) Consultation.--In conducting the study required by subsection
(a)(1), the Secretary and the Chief shall consult with the following:
(1) The Principal Cyber Advisor of the Department of Defense.
(2) The Secretary of the Air Force.
(3) The Commander of the United States Cyber Command.
(4) The Air Force Chief of Staff.
(5) The Secretary of the Army.
(6) The Army Chief of Staff.
(7) The Commandant of the Marine Corps.
(8) The Under Secretary of Defense for Personnel and Readiness.
(9) The Chief Information Officer of the Department of Defense.
SEC. 1654. ACCREDITATION STANDARDS AND PROCESSES FOR CYBERSECURITY AND
INFORMATION TECHNOLOGY PRODUCTS AND SERVICES.
(a) Assessment.--Consistent with the responsibilities and duties
outlined in section 142 of title 10, United States Code, the Chief
Information Officer of the Department of Defense shall conduct an
enterprise assessment of accreditation standards and processes for
cybersecurity and information technology products and services.
(b) Report.--
(1) In general.--Not later than April 1, 2020, the Chief
Information Officer shall submit to the congressional defense
committees a report on the assessment conducted under subsection
(a).
(2) Contents.--The report submitted under paragraph (1) shall
include the following:
(A) The findings of the Chief Information Officer with
respect to the assessment conducted under subsection (a).
(B) A description of the modifications proposed or
implemented to accreditation standards and processes arising
out of the assessment.
(C) A description of how the Department will increasingly
automate accreditation processes, pursue agile development,
incorporate machine learning, and foster reciprocity across
authorizing officials.
SEC. 1655. STUDY ON FUTURE CYBER WARFIGHTING CAPABILITIES OF DEPARTMENT
OF DEFENSE.
(a) Study Required.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall direct the
Defense Science Board to carry out a study on the future cyber
warfighting capabilities of the Department of Defense.
(b) Participation.--Participants in the study shall include the
following:
(1) Such members of the Board, including members of the Task
Force on Cyber Deterrence of the Board, as the Chairman of the
Board considers appropriate for the study.
(2) Such additional temporary members or contracted support as
the Secretary--
(A) selects from those recommended by the Chairman for
purposes of the study; and
(B) considers to have significant technical, policy, or
military expertise.
(c) Elements.--The study conducted pursuant to subsection (a) shall
include the following:
(1) A technical evaluation of the Joint Cyber Warfighting
Architecture of the Department, especially the Unified Platform,
Joint Cyber Command and Control, and Persistent Cyber Training
Environment, including with respect to the following:
(A) The suitability of the requirements and, as relevant,
the delivered capability of such architecture to modern cyber
warfighting.
(B) Such requirements or capabilities as may be absent or
underemphasized in such architecture.
(C) The speed of development and acquisition as compared to
mission need.
(D) Identification of potential duplication of efforts
among the programs and concepts evaluated.
(E) The coherence of such architecture with the National
Mission Teams and Combat Mission Teams of the Cyber Mission
Force, as constituted and organized on the day before the date
of the enactment of this Act.
(F) The coherence of such architecture with the Cyber
Protection Teams of the Cyber Mission Force and the
cybersecurity service providers of the Department, as
constituted and organized on the day before the date of the
enactment of this Act.
(G) The coherence of such architecture with the concepts of
persistent engagement and defending forward as incorporated in
the 2018 Department of Defense Cyber Strategy, including with
respect to operational concepts such as consistent spy-on-spy
engagement, securing adversary operating pictures, and
preemptively feeding indicators and warning to defensive
operators.
(2) A technical evaluation of the tool development and
acquisition programs of the Department, including with respect to
the following:
(A) The suitability of planned tool suite and cyber armory
constructs of the United States Cyber Command to modern cyber
warfighting.
(B) The speed of development and acquisition as compared to
mission need.
(C) The resourcing and effectiveness of the internal tool
development of the United States Cyber Command as compared to
the tool development of the National Security Agency.
(D) The resourcing and effectiveness of the internal tool
development of the United States Cyber Command as compared to
its acquisition.
(E) The coherence of such programs with the concepts of
persistent engagement and defending forward as incorporated in
the 2018 Department of Defense Cyber Strategy, including with
respect to operational concepts such as consistent spy-on-spy
engagement, securing adversary operating pictures, and
preemptively feeding indicators and warning to defensive
operators.
(3) An evaluation of the operational planning and targeting of
the United States Cyber Command, including support for regional
combatant commands, and suitability for modern cyber warfighting.
(4) Development of such recommendations as the Board may have
for legislative or administrative action relating to the future
cyber warfighting capabilities of the Department.
(d) Access to Information.--The Secretary shall provide the Board
with timely access to appropriate information, data, resources, and
analysis so that the Board may conduct a thorough and independent
analysis as required under this section.
(e) Report.--
(1) Transmittal to secretary.--Not later than November 1, 2021,
the Board shall transmit to the Secretary a final report on the
study conducted pursuant to subsection (a).
(2) Transmittal to congress.--Not later than 30 days after the
date on which the Secretary receives the final report under
paragraph (1), the Secretary shall submit to the congressional
defense committees such report and such comments as the Secretary
considers appropriate.
SEC. 1656. STUDY TO DETERMINE THE OPTIMAL STRATEGY FOR STRUCTURING AND
MANNING ELEMENTS OF THE JOINT FORCE HEADQUARTERS-CYBER ORGANIZATIONS,
JOINT MISSION OPERATIONS CENTERS, AND CYBER OPERATIONS-INTEGRATED
PLANNING ELEMENTS.
(a) Study.--
(1) In general.--The Principal Cyber Advisor of the Department
of Defense shall conduct a study to determine the optimal strategy
for structuring and manning elements of the following:
(A) Joint Force Headquarters-Cyber organizations.
(B) Joint Mission Operations Centers.
(C) Cyber Operations-Integrated Planning Elements.
(D) Joint Cyber Centers.
(2) Elements.--The study conducted under subsection (a) shall
include assessment of the following:
(A) Operational effects on the military services if the
entities listed in subparagraphs (A) through (C) of paragraph
(1) are restructured from organizations that are service
component organizations to joint organizations.
(B) Organizational effects on the military services if the
billets associated with the entities listed in subparagraphs
(A) through (C) of paragraph (1) are transferred to United
States Cyber Command and designated as joint billets for joint
qualification purposes.
(C) Operational and organizational effects on the military
services, United States Cyber Command, other combatant
commands, and the Joint Staff if the entities listed in
subparagraphs (A) through (D) of paragraph (1) are realigned,
restructured, or consolidated.
(b) Report.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Principal Cyber Advisor shall submit to
the Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a report on the
study conducted under subsection (a).
(2) Contents.--The report submitted under paragraph (1) shall
contain the following:
(A) The findings of the Principal Cyber Advisor with
respect to the study conducted under subsection (a).
(B) Details of the operational and organizational effects
assessed under subsection (a)(2).
(C) A plan to carry out the transfer described in
subsection (a)(2)(B) and the associated costs, as appropriate.
(D) A plan to realign, restructure, or consolidate the
entities listed in subparagraphs (A) through (D) of subsection
(a)(1).
(E) Such other matters as the Principal Cyber Advisor
considers appropriate.
SEC. 1657. CYBER GOVERNANCE STRUCTURES AND PRINCIPAL CYBER ADVISORS ON
MILITARY CYBER FORCE MATTERS.
(a) Designation.--
(1) In general.--Not later than 270 days after the date of the
enactment of this Act, each of the secretaries of the military
departments, in consultation with the service chiefs, shall appoint
an independent Principal Cyber Advisor for each service to act as
the principal advisor to the relevant secretary on all cyber
matters affecting that military service.
(2) Nature of position.--Each Principal Cyber Advisor position
under paragraph (1) shall--
(A) be a senior civilian leadership position, filled by a
senior member of the Senior Executive Service, not lower than
the equivalent of a 3-star general officer, or by exception a
comparable military officer with extensive cyber experience;
(B) exclusively occupy the Principal Cyber Advisor position
and not assume any other position or responsibility in the
relevant military department;
(C) be independent of the relevant service's chief
information officer; and
(D) report directly to and advise the secretary of the
relevant military department and advise the relevant service's
senior uniformed officer.
(3) Notification.--Each of the secretaries of the military
departments shall notify the Committees on Armed Services of the
Senate and House of Representatives of his or her Principal Cyber
Advisor appointment. In the case that the appointee is a military
officer, the notification shall include a justification for the
selection and an explanation of the appointee's ability to execute
the responsibilities of the Principal Cyber Advisor.
(b) Responsibilities of Principal Cyber Advisors.--Each Principal
Cyber Advisor under subsection (a) shall be responsible for advising
both the secretary of the relevant military department and the senior
uniformed military officer of the relevant military service and
implementing the Department of Defense Cyber Strategy within the
service by coordinating and overseeing the execution of the service's
policies and programs relevant to the following:
(1) The recruitment, resourcing, and training of military
cyberspace operations forces, assessment of these forces against
standardized readiness metrics, and maintenance of these forces at
standardized readiness levels.
(2) Acquisition of offensive, defensive, and Department of
Defense Information Networks cyber capabilities for military
cyberspace operations.
(3) Cybersecurity management and operations.
(4) Acquisition of cybersecurity tools and capabilities,
including those used by cybersecurity service providers.
(5) Evaluating, improving, and enforcing a culture of
cybersecurity warfighting and accountability for cybersecurity and
cyberspace operations.
(6) Cybersecurity and related supply chain risk management of
the industrial base.
(7) Cybersecurity of Department of Defense information systems,
information technology services, and weapon systems, including the
incorporation of cybersecurity threat information as part of secure
development processes, cybersecurity testing, and the mitigation of
cybersecurity risks.
(c) Coordination.--To ensure service compliance with the Department
of Defense Cyber Strategy, each Principal Cyber Advisor under
subsection (a) shall work in close coordination with the following:
(1) Service chief information officers.
(2) Service cyber component commanders.
(3) Principal Cyber Advisor to the Secretary of Defense.
(4) Department of Defense Chief Information Officer.
(5) Defense Digital Service.
(d) Budget Certification Authority.--
(1) In general.--Each of the secretaries of the military
departments shall require service components with responsibilities
associated with cyberspace operations forces, offensive or
defensive cyberspace operations and capabilities, and cyberspace
issues relevant to the duties specified in subsection (b) to
transmit the proposed budget for such responsibilities for a fiscal
year and for the period covered by the future-years defense program
submitted to Congress under section 221 of title 10, United States
Code, for that fiscal year to the relevant service's Principal
Cyber Advisor for review under subparagraph (B) before submitting
the proposed budget to the department's comptroller.
(2) Review.--Each Principal Cyber Advisor under subsection
(a)(1) shall review each proposed budget transmitted under
paragraph (1) and submit to the secretary of the relevant military
department a report containing the comments of the Principal Cyber
Advisor with respect to all such proposed budgets, together with
the certification of the Principal Cyber Advisor regarding whether
each proposed budget is adequate.
(3) Report.--Not later than March 31 of each year, each of the
secretaries of the military departments shall submit to the
congressional defense committees a report specifying each proposed
budget for the subsequent fiscal year contained in the most-recent
report submitted under paragraph (2) that the Principal Cyber
Advisor did not certify to be adequate. The report of the secretary
shall include a discussion of the actions that the secretary took
or proposes to take, together with any additional comments that the
Secretary considers appropriate regarding the adequacy or
inadequacy of the proposed budgets.
(e) Principal Cyber Advisors' Briefing to Congress.--Not later than
February 1, 2021, and biannually thereafter, each Principal Cyber
Advisor under subsection (a) shall brief the Committees on Armed
Services of the Senate and House of Representatives on that Advisor's
activities and ability to perform the functions specified in subsection
(b).
(f) Review of Current Responsibilities.--
(1) In general.--Not later than January 1, 2021, each of the
secretaries of the military departments shall review the relevant
military department's current governance model for cybersecurity
with respect to current authorities and responsibilities.
(2) Elements.--Each review under paragraph (1) shall include
the following:
(A) An assessment of whether additional changes beyond the
appointment of a Principal Cyber Advisor pursuant to subsection
(a) are required.
(B) Consideration of whether the current governance
structure and assignment of authorities--
(i) enable effective governance;
(ii) enable effective Chief Information Officer and
Chief Information Security Officer action;
(iii) are adequately consolidated so that the authority
and responsibility for cybersecurity risk management are
clear and at an appropriate level of seniority;
(iv) provide authority to a single individual to
certify compliance of Department of Defense information
systems and information technology services with all
current cybersecurity standards; and
(v) support efficient coordination across the military
services, the Office of the Secretary of Defense, the
Defense Information Systems Agency, and United States Cyber
Command.
(3) Briefing.--Not later than October 1, 2020, each of the
secretaries of the military departments shall brief the Committees
on Armed Services of the Senate and House of Representatives on the
findings of the Secretary with respect to the review conducted by
the Secretary pursuant to paragraph (1).
SEC. 1658. DESIGNATION OF TEST NETWORKS FOR TESTING AND ACCREDITATION
OF CYBERSECURITY PRODUCTS AND SERVICES.
(a) Designation.--Not later than April 1, 2020, the Secretary of
Defense shall designate, for use by the Defense Information Systems
Agency and such other components of the Department of Defense as the
Secretary considers appropriate, three test networks for the testing
and accreditation of cybersecurity products and services.
(b) Requirements.--The networks designated under subsection (a)
shall--
(1) be of sufficient scale to realistically test cybersecurity
products and services;
(2) feature substantially different architectures and
configurations;
(3) be live, operational networks; and
(4) feature cybersecurity processes, tools, and technologies
that are appropriate for test purposes and representative of the
processes, tools, and technologies that are widely used throughout
the Department.
(c) Access.--Upon request, information generated in the testing and
accreditation of cybersecurity products and services shall be made
available to the Office of the Director, Operational Test and
Evaluation.
SEC. 1659. CONSORTIA OF UNIVERSITIES TO ADVISE SECRETARY OF DEFENSE ON
CYBERSECURITY MATTERS.
(a) Establishment and Function.--The Secretary of Defense shall
establish one or more consortia of universities to assist the Secretary
on cybersecurity matters relating to the following:
(1) To provide the Secretary a formal mechanism to communicate
with consortium or consortia members regarding the Department of
Defense's cybersecurity strategic plans, cybersecurity
requirements, and priorities for basic and applied cybersecurity
research.
(2) To advise the Secretary on the needs of academic
institutions related to cybersecurity and research conducted on
behalf of the Department and provide feedback to the Secretary from
members of the consortium or consortia.
(3) To serve as a focal point or focal points for the Secretary
and the Department for the academic community on matters related to
cybersecurity, cybersecurity research, conceptual and academic
developments in cybersecurity, and opportunities for closer
collaboration between academia and the Department.
(4) To provide to the Secretary access to the expertise of the
institutions of the consortium or consortia on matters relating to
cybersecurity.
(5) To align the efforts of such members in support of the
Department.
(b) Membership.--The consortium or consortia established under
subsection (a) shall be open to all universities that have been
designated as centers of academic excellence by the Director of the
National Security Agency or the Secretary of Homeland Security.
(c) Organization.--
(1) Designation of administrative chair and terms.--For each
consortium established under subsection (a), the Secretary of
Defense, based on recommendations from the members of the
consortium, shall designate one member of the consortium to
function as an administrative chair of the consortium for a term
with a specific duration specified by the Secretary.
(2) Subsequent terms.--No member of a consortium designated
under paragraph (1) may serve as the administrative chair of that
consortium for two consecutive terms.
(3) Duties of administrative chair.--Each administrative chair
designated under paragraph (1) for a consortium shall--
(A) act as the leader of the consortium for the term
specified by the Secretary under paragraph (1);
(B) be the liaison between the consortium and the
Secretary;
(C) distribute requests from the Secretary for advice and
assistance to appropriate members of the consortium and
coordinate responses back to the Secretary; and
(D) act as a clearinghouse for Department of Defense
requests relating to assistance on matters relating to
cybersecurity and to provide feedback to the Secretary from
members of the consortium.
(4) Executive committee.--For each consortium, the Secretary,
in consultation with the administrative chair, may form an
executive committee comprised of university representatives to
assist the chair with the management and functions of the
consortia. Executive committee institutions may not serve
consecutive terms before all other consortium institutions have
been afforded the opportunity to hold the position.
(d) Consultation.--The Secretary, or a senior level designee, shall
meet with each consortium not less frequently than twice per year, or
at a periodicity agreed to between the Department and each such
consortium.
(e) Procedures.--The Secretary shall establish procedures for
organizations within the Department to access the work product produced
by and the research, capabilities, and expertise of a consortium
established under subsection (a) and the universities that constitute
such consortium.
SEC. 1660. JOINT ASSESSMENT OF DEPARTMENT OF DEFENSE CYBER RED TEAM
CAPABILITIES, CAPACITY, DEMAND, AND REQUIREMENTS.
(a) Joint Assessment Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall, in
coordination with the Chief Information Officer of the Department of
Defense, Principal Cyber Advisor, and the Director of Operational Test
and Evaluation--
(1) conduct a joint assessment of Department cyber red team
capabilities, capacity, demand, and future requirements that affect
the Department's ability to develop, test, and maintain secure
systems in a cyber environment; and
(2) brief the congressional defense committees on the results
of the joint assessment.
(b) Elements.--The joint assessment required by subsection (a)(1)
shall--
(1) specify demand for cyber red team support for acquisition
and operations;
(2) specify shortfalls in meeting demand and future
requirements, disaggregated by the Department of Defense component
or agency and by military department;
(3) examine funding and retention initiatives to increase cyber
red team capacity to meet demand and future requirements identified
to support the testing, training, and development communities;
(4) examine the feasibility and benefit of developing and
procuring a common Red Team Integrated Capabilities Stack that
better utilizes increased capacity of cyber ranges and better
models the capabilities and tactics, techniques, and procedures of
adversaries;
(5) examine the establishment of oversight and assessment
metrics for Department cyber red teams;
(6) assess the implementation of common development efforts for
tools, techniques, and training;
(7) assess potential industry and academic partnerships and
services;
(8) assess the mechanisms and procedures in place to deconflict
red-team activities and defensive cyber operations on active
networks;
(9) assess the use of Department cyber personnel in training as
red team support;
(10) assess the use of industry and academic partners and
contractors as red team support and the cost- and resource-
effectiveness of such support; and
(11) assess the need for permanent, high-end dedicated red-
teaming activities to model sophisticated adversaries' attacking
critical Department systems and infrastructure.
Subtitle D--Nuclear Forces
SEC. 1661. CONFORMING AMENDMENT TO COUNCIL ON OVERSIGHT OF THE NATIONAL
LEADERSHIP COMMAND, CONTROL, AND COMMUNICATIONS SYSTEM.
Section 171a of title 10, United States Code, is amended by
striking ``, Technology, and Logistics'' each place it appears and
inserting ``and Sustainment''.
SEC. 1662. MODIFICATION OF AUTHORITIES RELATING TO NUCLEAR COMMAND,
CONTROL, AND COMMUNICATIONS SYSTEM.
(a) Duties and Powers of Under Secretary of Defense for Acquisition
and Sustainment.--Section 133b(b) of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (4), (5), (6), and (7) as
paragraphs (5), (6), (7), and (8), respectively;
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) establishing policies for, and providing oversight,
guidance, and coordination with respect to, the nuclear command,
control, and communications system;''; and
(3) in paragraph (6), as redesignated by paragraph (1), by
inserting after ``overseeing the modernization of nuclear forces''
the following: ``, including the nuclear command, control, and
communications system,''.
(b) Duties and Responsibilities of Chief Information Officer.--
Section 142(b)(1) of such title is amended--
(1) by striking subparagraph (G); and
(2) by redesignating subparagraphs (H) and (I) as subparagraphs
(G) and (H), respectively.
SEC. 1663. BRIEFINGS ON MEETINGS HELD BY NUCLEAR WEAPONS COUNCIL.
Section 179 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(g) Semiannual Briefings.--(1) Not later than February 1 and
August 1 of each year, the Council shall provide to the congressional
defense committees a briefing on, with respect to the six-month period
preceding the briefing--
``(A) the dates on which the Council met; and
``(B) except as provided by paragraph (2), a summary of any
decisions made by the Council pursuant to subsection (d) at each
such meeting and the rationale for and options that informed such
decisions.
``(2) The Council shall not be required to include in a briefing
under paragraph (1) the matters described in subparagraph (B) of that
paragraph with respect to decisions of the Council relating to the
budget of the President for a fiscal year if the budget for that fiscal
year has not been submitted to Congress under section 1105 of title 31
as of the date of the briefing.''.
SEC. 1664. CONSIDERATION OF BUDGET MATTERS AT MEETINGS OF NUCLEAR
WEAPONS COUNCIL.
(a) Attendance.--
(1) Requirement.--Except as provided by subsection (b), each
official described in paragraph (2) shall attend the meetings of
the Nuclear Weapons Council established by section 179 of title 10,
United States Code, and the meetings of the Standing and Safety
Committee of the Council, or such a successor committee. Each such
official shall attend such meetings as advisors on matters within
the authority and expertise of the official.
(2) Officials described.--The officials described in this
paragraph are each of the following officials (or the designees of
the officials):
(A) The Director of Cost Assessment and Program Evaluation
of the Department of Defense.
(B) The Director of the Office of Management and Budget of
the National Nuclear Security Administration.
(C) The Director for Cost Estimating and Program Evaluation
of the National Nuclear Security Administration.
(D) The Director of the Office of Management and Budget.
(b) Exception.--On a case-by-case basis, the Chairman of the
Nuclear Weapons Council, without delegation, may exclude the attendance
of an official at a meeting pursuant to subsection (a) because of
specific requirements relating to classified information or other
exigent circumstances as determined by the Chairman.
SEC. 1665. IMPROVEMENT TO ANNUAL REPORT ON THE MODERNIZATION OF THE
NUCLEAR WEAPONS ENTERPRISE.
(a) Extension.--Subsection (a) of section 1043 of the National
Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125
Stat. 1576), as most recently amended by section 1670 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 132 Stat. 2157), is further amended in paragraph (1) by
striking ``2023'' and inserting ``2024''.
(b) Acquisition Costs.--Subsection (b)(1) of such section is
amended--
(1) in subparagraph (B), by striking ``; and'' and inserting
the following: ``, including an estimate of the acquisition costs
during such period for programs relating to such life extension,
modernization, or replacement;'';
(2) in subparagraph (C), by striking the end period and
inserting ``; and''; and
(3) by adding at the end the following:
``(D) an estimate of the relative percentage of total
acquisition costs of the military departments and of the
Department of Defense during such period represented by the
acquisition costs estimated under subparagraph (B).''.
(c) Transfer of Provision.--
(1) Codification.--Such section 1043, as amended by subsections
(a) and (b), is--
(A) transferred to chapter 24 of title 10, United States
Code;
(B) inserted after section 492;
(C) redesignated as section 492a; and
(D) amended--
(i) in the enumerator, by striking ``sec.'' and
inserting ``Sec. ''; and
(ii) in the section heading--
(I) by striking the period at the end; and
(II) by conforming the typeface and typestyle,
including capitalization, to the typeface and typestyle
as used in the section heading of section 491 of such
title.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 24 of title 10, United States Code, is amended by
inserting after the item relating to section 492 the following new
item:
``492a. Annual report on the plan for the nuclear weapons stockpile,
nuclear weapons complex, nuclear weapons delivery systems, and
nuclear weapons command and control system.''.
SEC. 1666. EXPANSION OF OFFICIALS REQUIRED TO CONDUCT BIENNIAL
ASSESSMENTS OF DELIVERY PLATFORMS FOR NUCLEAR WEAPONS AND NUCLEAR
COMMAND AND CONTROL SYSTEM.
Section 492(d) of title 10, United States Code, is amended--
(1) in paragraph (2), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) the Commander of the United States Air Forces in
Europe.''.
SEC. 1667. EXTENSION OF ANNUAL BRIEFING ON COSTS OF FORWARD-DEPLOYING
NUCLEAR WEAPONS IN EUROPE.
Section 1656(a) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1124) is amended by
striking ``2021'' and inserting ``2024''.
SEC. 1668. ELIMINATION OF CONVENTIONAL REQUIREMENT FOR LONG-RANGE
STANDOFF WEAPON.
Subsection (a) of section 217 of the National Defense Authorization
Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 706), as amended
by section 1662 of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2152), is
amended to read as follows:
``(a) Long-range Standoff Weapon.--The Secretary of the Air Force
shall develop a follow-on air-launched cruise missile to the AGM-86
that--
``(1) achieves initial operating capability for nuclear
missions prior to the retirement of the nuclear-armed AGM-86; and
``(2) is capable of internal carriage and employment for
nuclear missions on the next-generation long-range strike
bomber.''.
SEC. 1669. BRIEFING ON LONG-RANGE STANDOFF WEAPON AND SEA-LAUNCHED
CRUISE MISSILE.
Not later than 90 days after the date of the enactment of this Act,
the Under Secretary of Defense for Acquisition and Sustainment, in
consultation with the Administrator for Nuclear Security, shall provide
to the Committees on Armed Services of the Senate and the House of
Representatives a briefing on potential opportunities--
(1) to increase commonality between the long-range standoff
weapon and the sea-launched cruise missile; and
(2) to leverage, in the development of the sea-launched cruise
missile, technologies developed, or under development as of the
date of the briefing, as part of the long-range standoff weapon
program.
SEC. 1670. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS FOR MOBILE
VARIANT OF GROUND-BASED STRATEGIC DETERRENT MISSILE.
Section 1664 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 130 Stat. 2615), as most recently
amended by section 1666 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
2155), is further amended by striking ``for any of fiscal years 2017
through 2020'' and inserting ``for any of fiscal years 2017 through
2024''.
SEC. 1671. REPORTS ON DEVELOPMENT OF GROUND-BASED STRATEGIC DETERRENT
WEAPON.
(a) Annual Report Required.--Not later than February 15, 2020, and
annually thereafter until the date on which the ground-based strategic
deterrent weapon receives Milestone C approval (as defined in section
2366 of title 10, United States Code), the Secretary of the Air Force,
in coordination with the Administrator for Nuclear Security and the
Chairman of the Nuclear Weapons Council established by section 179 of
title 10, United States Code, shall submit to the congressional defense
committees a report describing the joint development of the ground-
based strategic deterrent weapon, including the missile developed by
the Air Force and the W87-1 warhead modification program conducted by
the National Nuclear Security Administration.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An estimate of the date on which the ground-based strategic
deterrent weapon will reach initial operating capability.
(2) A description of any development milestones for the missile
developed by the Air Force or the warhead developed by the National
Nuclear Security Administration that depend on corresponding
progress at the other agency.
(3) A description of coordination efforts between the Air Force
and the National Nuclear Security Administration during the year
preceding submission of the report.
(4) A description of any schedule delays projected by the Air
Force or the National Nuclear Security Administration, including
delays related to infrastructure capacity and subcomponent
production, associated costs, and the anticipated effect such
delays would have on the schedule of work of the other agency.
(5) Plans to mitigate the effects of any delays described in
paragraph (4).
(c) Additional Report.--If the Air Force receives only one bid for
the engineering and manufacturing development phase of the ground-based
strategic deterrent program, the Secretary shall, not later than 60
days after awarding a contract for that phase, submit to the
congressional defense committees a report assessing the risks and costs
resulting from receiving only one bid for that phase and plans to
mitigate such risks and costs.
(d) Form.--Each report required by subsection (a) or (c) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 1672. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL BALLISTIC
MISSILES OF THE UNITED STATES.
(a) Prohibition.--Except as provided in subsection (b), none of the
funds authorized to be appropriated by this Act for fiscal year 2020
for the Department of Defense may be obligated or expended for the
following, and the Department may not otherwise take any action to do
the following:
(1) Reduce, or prepare to reduce, the responsiveness or alert
level of the intercontinental ballistic missiles of the United
States.
(2) Reduce, or prepare to reduce, the quantity of deployed
intercontinental ballistic missiles of the United States to a
number less than 400.
(b) Exception.--The prohibition in subsection (a) shall not apply
to any of the following activities:
(1) The maintenance or sustainment of intercontinental
ballistic missiles.
(2) Ensuring the safety, security, or reliability of
intercontinental ballistic missiles.
SEC. 1673. INDEPENDENT STUDY ON POLICY OF NO-FIRST-USE OF NUCLEAR
WEAPONS.
(a) Study.--Not later than 30 days after the date of the enactment
of this Act, the Secretary of Defense shall seek to enter into a
contract with a federally funded research and development center to
conduct a study on the United States adopting a policy to not use
nuclear weapons first.
(b) Matters Included.--The study under subsection (a) shall include
the following:
(1) An assessment of the benefits and risks of adopting a
policy to not use nuclear weapons first to reduce the risk of
miscalculation in a crisis.
(2) An assessment of the views of the allies of the United
States with respect to the United States adopting such a policy,
including whether, and if so how, any concerns regarding such a
policy could be mitigated, including the value of engaging such
allies to offer credible extended deterrence assurances.
(3) An assessment of which foreign countries have stated or
adopted such a policy, including the credibility of any such
policies and how they affect planning and operations.
(4) An assessment of how adversaries of the United States might
view a declaration of such a policy.
(5) An assessment of the benefits and risks of such a policy
with respect to nuclear nonproliferation.
(6) An assessment of changes in force posture and force
requirements, if any, and costs or savings, that such a policy
would require or allow.
(7) Any other matters the Secretary determines appropriate.
(c) Submission to DOD.--Not later than 240 days after the date of
the enactment of this Act, the federally funded research and
development center shall submit to the Secretary the study under
subsection (a).
(d) Submission to Congress.--
(1) Interim briefing.--Not later than 120 days after the date
of the enactment of this Act, the Secretary shall provide to the
appropriate congressional committees an interim briefing on the
study under subsection (a).
(2) Study.--Not later than 270 days after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees the study under subsection
(a), without change.
(e) Form.--The study under subsection (a) shall be submitted under
subsections (c) and (d)(2) in unclassified form, but may include a
classified annex.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
SEC. 1674. INDEPENDENT STUDY ON RISKS OF NUCLEAR TERRORISM AND NUCLEAR
WAR.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall enter into an
agreement with the National Academy of Sciences to conduct a study on--
(1) whether a risk assessment framework is applicable to
determining the potential risks of nuclear terrorism and nuclear
war; and
(2) the implications for national security of assumptions in
nuclear policy and doctrine.
(b) Matters Included.--The study under subsection (a) shall--
(1) identify risks described in paragraph (1) of that
subsection;
(2) assess prior literature on such risks;
(3) assess the role that quantitative and nonquantitative
analytical methods can play in assessing such risks, including the
limitations of such analysis;
(4) identify and examine the assumptions about nuclear risks
that underlie the national security strategy of the United States;
and
(5) describe the consequences of the methods and assumptions
that have been, are, or could be used in developing the nuclear
security strategy of the United States.
(c) Recommendations.--Based on findings under subsection (b), the
study may provide recommendations with respect to improving the use of
a risk assessment framework described in subsection (a)(1).
(d) Submission.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees the study under subsection (a), without change.
(e) Form.--The study shall be submitted in unclassified form, but
may include a classified annex.
SEC. 1675. REPORT ON MILITARY-TO-MILITARY DIALOGUE TO REDUCE RISKS OF
MISCALCULATION LEADING TO NUCLEAR WAR.
Not later than 120 days after the date of the enactment of this
Act, the Secretary of Defense, in coordination with the Secretary of
State, shall submit to the congressional defense committees, the
Committee on Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate a report containing the
following:
(1) A description of--
(A) current discussions between the United States Armed
Forces and military counterparts from governments of foreign
countries to reduce the risks of miscalculation, unintended
consequences, or accidents that could precipitate the use of
one or more nuclear weapons; and
(B) bilateral and multilateral agreements to which the
United States is a party that provide for or facilitate
military-to-military dialogue to address such risks.
(2) An assessment of the extent to which, if any, that
military-to-military dialogue to reduce such risks is consistent
with or supportive of other efforts conducted between the United
States Government and foreign governments, or between
nongovernmental organizations and foreign counterparts, to reduce
such risks.
(3) An assessment conducted jointly by the Secretary of Defense
and the Chairman of the Joint Chiefs of Staff, and in consultation
with the Director of National Intelligence--
(A) on the risks and benefits of establishing, in addition
to the discussions described in paragraph (1)(A), military-to-
military discussions with the Russian Federation, Iran, the
People's Republic of China, and North Korea to address the
risks described in that paragraph, including with respect to
policy, cost, and operational matters; and
(B) of the willingness of the governments of those
countries to engage in such discussions.
SEC. 1676. REPORT ON NUCLEAR FORCES OF THE UNITED STATES AND NEAR-PEER
COUNTRIES.
(a) Report.--Not later than February 15, 2020, the Secretary of
Defense, in coordination with the Director of National Intelligence,
shall submit to the appropriate committees of Congress a report on the
nuclear forces of the United States and near-peer countries.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) An assessment of the current and planned nuclear systems of
the United States, including with respect to research and
development timelines, deployment timelines, and force size.
(2) An assessment of the current and planned nuclear systems of
the People's Republic of China, including with respect to research
and development timelines, deployment timelines, and force size.
(3) An assessment of the current and planned nuclear systems of
the Russian Federation, including with respect to research and
development timelines, deployment timelines, and force size,
including--
(A) deployed nuclear weapons not covered by the New START
Treaty;
(B) nuclear weapons in development that would not be
covered by the New START Treaty; and
(C) strategic nuclear weapons that are not deployed.
(c) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(2) New start treaty.--The term ``New START Treaty'' means the
Treaty between the United States of America and the Russian
Federation on Measures for the Further Reduction and Limitation of
Strategic Offensive Arms, signed at Prague April 8, 2010, and
entered into force February 5, 2011.
SEC. 1677. REPORT ON OPERATION OF CONVENTIONAL FORCES OF MILITARY
DEPARTMENTS UNDER EMPLOYMENT OR THREAT OF EMPLOYMENT OF NUCLEAR
WEAPONS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of the Air Force, the Secretary of the Army, and the
Secretary of the Navy, shall submit to the congressional defense
committees a report detailing the views of each such Secretary on the
ability of conventional forces under the authority of that Secretary to
operate effectively under employment or threat of employment of nuclear
weapons by the United States, an ally of the United States, or an
adversary of the United States, including with respect to--
(1) measures taken to maximize the likelihood that such forces
could continue to operate;
(2) risks or gaps in the capabilities of such forces that would
result from the employment or threat of employment of nuclear
weapons; and
(3) how the capabilities and limitations of such forces would
impact decisions to continue or terminate operations.
(b) Form of Report.--The report required by subsection (a) shall be
submitted in classified form but shall be accompanied by an
unclassified summary appropriate for release to the public.
SEC. 1678. REPORT ON OPERATION OF CONVENTIONAL FORCES OF CERTAIN
COMBATANT COMMANDS UNDER EMPLOYMENT OR THREAT OF EMPLOYMENT OF NUCLEAR
WEAPONS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Chairman of the Joint Chiefs of Staff, in
coordination with the Commander of the United States European Command,
the Commander of the United States Indo-Pacific Command, and the
Commander of the United States Strategic Command, shall submit to the
congressional defense committees a report detailing the views of the
Chairman and each such Commander on the ability of conventional forces
under the authority of that Commander to execute contingency plans
under employment or threat of employment of nuclear weapons by the
United States, an ally of the United States, or an adversary of the
United States, including with respect to--
(1) measures taken to maximize the likelihood that such forces
could continue to operate;
(2) risks or gaps in the capabilities of such forces that would
result from the employment or threat of employment of nuclear
weapons; and
(3) how the capabilities and limitations of such forces would
impact decisions to continue or terminate operations.
(b) Form of Report.--The report required by subsection (a) shall be
submitted in classified form but shall be accompanied by an
unclassified summary appropriate for release to the public.
SEC. 1679. BRIEFINGS ON PLAN FOR FUTURE-SYSTEMS-LEVEL ARCHITECTURE OF
NUCLEAR COMMAND, CONTROL, AND COMMUNICATIONS SYSTEMS.
(a) In General.--Not later than February 15, 2020, and every 180
days thereafter through fiscal year 2025, the Commander of the United
States Strategic Command, in coordination with the Under Secretary of
Defense for Acquisition and Sustainment, shall provide to the
congressional defense committees a briefing on the plan of the
Department of Defense for the future-systems-level architecture of the
nuclear command, control, and communications systems.
(b) Elements.--Each briefing required by subsection (a) shall
address the following:
(1) Near- and long-term plans and options considered as of the
date of the briefing in determining the future-systems-level
architecture of the nuclear command, control, and communications
systems, including options to maximize resilience of such systems.
(2) Requirements, including with respect to cybersecurity,
survivability, and reliability, including levels of redundancy.
(3) The risks and benefits of replicating the legacy
architecture for such systems.
(4) The risks and benefits of using different architectures for
such systems, including using hosted payloads in space payloads.
(5) Security considerations for such systems, including
classification and requirements and plans to ensure supply chain
security.
(6) Classification options and decisions with respect to such
architecture and systems to deter attacks on such systems.
(7) Timelines and general cost estimates for long-term
investments in such systems, to the extent possible at the time of
the briefing.
(8) Risks and benefits of pursuing agreements with adversaries
of the United States, including potential agreements not to target
nuclear command, control, and communications systems through
kinetic, nonkinetic, or cyber attacks.
(9) Required levels of civilian and military staffing within
the United States Strategic Command, the Office of the Secretary of
Defense, and any other relevant component of the Department of
Defense to evaluate or execute such architecture, and an estimate
of when such levels of staffing will be achieved.
(10) Any other matters the Secretary considers appropriate.
SEC. 1680. SENSE OF CONGRESS ON NUCLEAR DETERRENCE COMMITMENTS OF THE
UNITED STATES.
It is the sense of Congress that--
(1) credible extended deterrence commitments make key
contributions to the security of the United States, international
stability, and the nonproliferation objectives of the United
States;
(2) the nuclear forces of the United States, as well as the
independent nuclear forces of other members of the North Atlantic
Treaty Organization (in this section referred to as ``NATO''),
continue to play a critical role in the security of the NATO
alliance;
(3) United States forward-deployed nuclear weapons and dual-
capable aircraft in Europe contribute to the assurance of allies of
the United States of the commitment of the United States to their
security and to the deterrence and defense posture of NATO; and
(4) nuclear-certified F-35A aircraft will provide the most
advanced nuclear fighter capability in the current and future anti-
access area denial environments.
Subtitle E--Missile Defense Programs
SEC. 1681. NATIONAL MISSILE DEFENSE POLICY.
(a) Policy.--Subsection (a) of section 1681 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C.
2431 note) is amended to read as follows:
``(a) Policy.--It is the policy of the United States to--
``(1) maintain and improve, with funding subject to the annual
authorization of appropriations and the annual appropriation of
funds for National Missile Defense--
``(A) an effective, layered missile defense system capable
of defending the territory of the United States against the
developing and increasingly complex missile threat posed by
rogue states; and
``(B) an effective regional missile defense system capable
of defending the allies, partners, and deployed forces of the
United States against increasingly complex missile threats; and
``(2) rely on nuclear deterrence to address more sophisticated
and larger quantity near-peer intercontinental missile threats to
the homeland of the United States.''.
(b) Redesignation Requirement.--Not later than the date on which
the President submits to Congress the annual budget request of the
President for fiscal year 2021 pursuant to section 1105 of title 31,
United States Code, the Secretary of Defense shall, as the Secretary
considers appropriate, redesignate all strategies, policies, programs,
and systems under the jurisdiction of the Secretary to reflect that
missile defense programs of the United States defend against ballistic,
cruise, and hypersonic missiles in all phases of flight.
SEC. 1682. DEVELOPMENT OF SPACE-BASED BALLISTIC MISSILE INTERCEPT
LAYER.
Section 1688 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 10 U.S.C. 2431 note) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
SEC. 1683. DEVELOPMENT OF HYPERSONIC AND BALLISTIC MISSILE TRACKING
SPACE SENSOR PAYLOAD.
(a) Development.--Section 1683 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C.
2431 note) is amended--
(1) by redesignating subsections (d), (e), (f), (g), and (h),
as subsections (e), (f), (g), (h), and (j), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Hypersonic and Ballistic Missile Tracking Space Sensor
Payload.--
``(1) Development.--The Director of the Missile Defense Agency,
in coordination with the Director of the Space Development Agency
and the Secretary of the Air Force, as appropriate, shall--
``(A) develop a hypersonic and ballistic missile tracking
space sensor payload; and
``(B) include such payload as a component of the sensor
architecture developed under subsection (a).
``(2) Assignment of primary responsibility.--Not later than 30
days after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2020, the Secretary of Defense
shall--
``(A) assign the Director of the Missile Defense Agency
with the principal responsibility for the development and
deployment of a hypersonic and ballistic tracking space sensor
payload; and
``(B) submit to the congressional defense committees a
certification of such assignment.''.
(b) Updated Plan.--Such section is further amended by inserting
after subsection (h), as redesignated by subsection (a), the following
new subsection:
``(i) Updated Plan.--Not later than 90 days after the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2020, the Secretary of Defense shall submit to the appropriate
congressional committees an update to the plan under subsection (h),
including with respect to the following:
``(1) How the Director of the Missile Defense Agency, the
Director of the Defense Advanced Research Projects Agency, the
Secretary of the Air Force, and the Director of the Space
Development Agency, will each participate in the development of the
sensor architecture under subsection (a) and the inclusion of the
hypersonic and ballistic missile tracking space sensor payload as a
component of such architecture pursuant to subsection (d), with
respect to both prototype and operational capabilities, including
how each such official will work together to avoid duplication of
efforts.
``(2) How such payload will address the requirement of the
United States Strategic Command for a hypersonic and ballistic
missile tracking space sensing capability.
``(3) The estimated costs (in accordance with subsection (e))
to develop, acquire, and deploy, and the lifecycle costs to operate
and sustain, the payload under subsection (d) and include such
payload in the sensor architecture developed under subsection
(a).''.
(c) Conforming Amendment.--Subsection (h)(1) of such section, as
redesignated by subsection (a), is amended by striking ``with
subsection (d)'' and inserting ``with subsection (e)''.
SEC. 1684. MODIFICATIONS TO REQUIRED TESTING BY MISSILE DEFENSE AGENCY
OF GROUND-BASED MIDCOURSE DEFENSE ELEMENT OF BALLISTIC MISSILE DEFENSE
SYSTEM.
Section 1689(b) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2631; 10 U.S.C. 2431
note) is amended--
(1) in the matter preceding paragraph (1), by striking ``, when
possible,''; and
(2) in paragraph (3), by inserting ``, including the use of
threat-representative countermeasures'' before the period.
SEC. 1685. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND ISRAELI
COOPERATIVE MISSILE DEFENSE PROGRAM CO-DEVELOPMENT AND CO-PRODUCTION.
(a) Iron Dome Short-Range Rocket Defense System.--
(1) Availability of funds.--Of the funds authorized to be
appropriated by this Act for fiscal year 2020 for procurement,
Defense-wide, and available for the Missile Defense Agency, not
more than $95,000,000 may be provided to the Government of Israel
to procure components for the Iron Dome short-range rocket defense
system through co-production of such components in the United
States by industry of the United States.
(2) Conditions.--
(A) Agreement.--Funds described in paragraph (1) for the
Iron Dome short-range rocket defense program shall be available
subject to the terms and conditions in the Agreement Between
the Department of Defense of the United States of America and
the Ministry of Defense of the State of Israel Concerning Iron
Dome Defense System Procurement, signed on March 5, 2014, as
amended to include co-production for Tamir interceptors.
(B) Certification.--Not later than 30 days prior to the
initial obligation of funds described in paragraph (1), the
Director of the Missile Defense Agency and the Under Secretary
of Defense for Acquisition and Sustainment shall jointly submit
to the appropriate congressional committees--
(i) a certification that the amended bilateral
international agreement specified in subparagraph (A) is
being implemented as provided in such agreement; and
(ii) an assessment detailing any risks relating to the
implementation of such agreement.
(b) Israeli Cooperative Missile Defense Program, David's Sling
Weapon System Co-production.--
(1) In general.--Subject to paragraph (3), of the funds
authorized to be appropriated for fiscal year 2020 for procurement,
Defense-wide, and available for the Missile Defense Agency not more
than $50,000,000 may be provided to the Government of Israel to
procure the David's Sling Weapon System, including for co-
production of parts and components in the United States by United
States industry.
(2) Agreement.--Provision of funds specified in paragraph (1)
shall be subject to the terms and conditions in the bilateral co-
production agreement, including--
(A) a one-for-one cash match is made by Israel or in
another matching amount that otherwise meets best efforts (as
mutually agreed to by the United States and Israel); and
(B) co-production of parts, components, and all-up rounds
(if appropriate) in the United States by United States industry
for the David's Sling Weapon System is not less than 50
percent.
(3) Certification and assessment.--The Under Secretary of
Defense for Acquisition and Sustainment shall submit to the
appropriate congressional committees--
(A) a certification that the Government of Israel has
demonstrated the successful completion of the knowledge points,
technical milestones, and production readiness reviews required
by the research, development, and technology agreement and the
bilateral co-production agreement for the David's Sling Weapon
System; and
(B) an assessment detailing any risks relating to the
implementation of such agreement.
(c) Israeli Cooperative Missile Defense Program, Arrow 3 Upper Tier
Interceptor Program Co-Production.--
(1) In general.--Subject to paragraph (2), of the funds
authorized to be appropriated for fiscal year 2020 for procurement,
Defense-wide, and available for the Missile Defense Agency not more
than $55,000,000 may be provided to the Government of Israel for
the Arrow 3 Upper Tier Interceptor Program, including for co-
production of parts and components in the United States by United
States industry.
(2) Certification.--The Under Secretary of Defense for
Acquisition and Sustainment shall submit to the appropriate
congressional committees a certification that--
(A) the Government of Israel has demonstrated the
successful completion of the knowledge points, technical
milestones, and production readiness reviews required by the
research, development, and technology agreement for the Arrow 3
Upper Tier Interceptor Program;
(B) funds specified in paragraph (1) will be provided on
the basis of a one-for-one cash match made by Israel or in
another matching amount that otherwise meets best efforts (as
mutually agreed to by the United States and Israel);
(C) the United States has entered into a bilateral
international agreement with Israel that establishes, with
respect to the use of such funds--
(i) in accordance with subparagraph (D), the terms of
co-production of parts and components on the basis of the
greatest practicable co-production of parts, components,
and all-up rounds (if appropriate) by United States
industry and minimizes nonrecurring engineering and
facilitization expenses to the costs needed for co-
production;
(ii) complete transparency on the requirement of Israel
for the number of interceptors and batteries that will be
procured, including with respect to the procurement plans,
acquisition strategy, and funding profiles of Israel;
(iii) technical milestones for co-production of parts
and components and procurement;
(iv) a joint affordability working group to consider
cost reduction initiatives; and
(v) joint approval processes for third-party sales; and
(D) the level of co-production described in subparagraph
(C)(i) for the Arrow 3 Upper Tier Interceptor Program is not
less than 50 percent.
(d) Number.--In carrying out paragraph (2) of subsection (b) and
paragraph (2) of subsection (c), the Under Secretary may submit--
(1) one certification covering both the David's Sling Weapon
System and the Arrow 3 Upper Tier Interceptor Program; or
(2) separate certifications for each respective system.
(e) Timing.--The Under Secretary shall submit to the congressional
defense committees the certification and assessment under subsection
(b)(3) and the certification under subsection (c)(2) by not later than
30 days before the funds specified in paragraph (1) of subsections (b)
and (c) for the respective system covered by the certification are
provided to the Government of Israel.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives.
SEC. 1686. LIMITATION ON AVAILABILITY OF FUNDS FOR LOWER TIER AIR AND
MISSILE DEFENSE SENSOR.
(a) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2020 for the Army for
the lower tier air and missile defense sensor, not more than 75 percent
may be obligated or expended until the Secretary of the Army submits
the report under subsection (b).
(b) Report.--The Secretary of the Army shall submit to the
congressional defense committees a report on the test and demonstration
of lower tier air and missile defense sensors that occurred during the
third quarter of fiscal year 2019. Such report shall include the
following:
(1) An explanation of how the test and demonstration was
conducted and what the test and demonstration set out to achieve,
including--
(A) an explanation of the performance specifications used;
and
(B) a description of the emulated threats used in the test
and demonstration and how such threats compare to emerging
regional air and missile threats.
(2) An explanation of the capability of the sensor system that
the Secretary determined to be the winner of the test and
demonstration, including with respect to--
(A) the capability of such sensor system against key
threats and requirements, including whether such sensor system
will be delivered with full 360-degree coverage and the ability
of such sensor system to detect, track, and surveil targets;
(B) the estimated procurement and life-cycle costs of
operating such sensor system; and
(C) the cost, timeline, and approach that will be used to
integrate the lower tier air and missile defense sensor with
other sensors using the Integrated Air and Missile Defense
Battle Command System.
(3) An explanation of whether future performance improvements
to the lower tier air and missile defense sensor are conditional on
intellectual property and how such improvements will be made if the
United States does not own such intellectual property.
SEC. 1687. PLAN FOR THE REDESIGNED KILL VEHICLE REPLACEMENT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the decision by the Department of Defense to terminate the
redesigned kill vehicle contract on August 22, 2019, due to
technological problems encountered during development will result
in a delay to the fielding of an additional 20 ground-based
interceptors at Fort Greely, Alaska, which had been planned to be
emplaced by the end of calendar year 2023;
(2) to ensure that the future next-generation improved homeland
defense interceptor program will deliver the required capability,
have rigorous technical and acquisition oversight, and maintain
schedule milestones, thereby mitigating the risk of similar issues
as experienced with the redesigned kill vehicle, the acquisition
strategy for such program should be reviewed and jointly approved
by both the Under Secretary of Defense for Research and Engineering
and the Under Secretary of Defense for Acquisition and Sustainment,
with input by stakeholders across the Department of Defense prior
to proceeding with development efforts and awarding a contract; and
(3) the Department, including the Missile Defense Agency,
should uphold ``fly before you buy'' principles in such new
acquisition strategy to ensure the overall system and components
have been rigorously flight-tested prior to making procurement
decisions.
(b) Limitation.--Of the funds authorized to be appropriated by this
Act or otherwise made available for fiscal year 2020 for the Missile
Defense Agency for the next-generation improved homeland defense
interceptor, not more than 50 percent may be obligated or expended
until the date on which the Secretary of Defense submits the report
under subsection (c).
(c) Report.--The Secretary of Defense shall submit to the
congressional defense committees a report on the next-generation
improved homeland defense interceptor program to replace the redesigned
kill vehicle. The report shall include the following:
(1) Updated threat assessments by the intelligence community
informing system threshold and objective requirements.
(2) Updated requirements to address current and emerging
threats.
(3) Technical, programmatic, and cost analyses conducted on
courses of action and alternatives to meet capability requirements,
including--
(A) an independent cost estimate for each course of action
considered; and
(B) an evaluation of the technical readiness level of the
overall system and the components for each course of action
considered.
(4) Options considered to address reliability efforts of the
current fleet, understanding known deficiencies, and the impact of
not addressing such efforts and deficiencies until the delivery of
the next-generation improved homeland defense interceptors.
(5) An obsolescence, refurbishment, and sustainment plan for
all ground-based interceptor silos, including any impacts to the
construction, delivery, and sustainment of missile field 4 located
at Fort Greely, Alaska, taking into account the delay to emplacing
additional interceptors.
(6) Possible opportunities as a result of the impacts described
in paragraph (4) for improvements to missile fields located at Fort
Greely other than missile field 4, including additional
infrastructure or components required, and estimated schedules and
costs for such opportunities.
(7) A determination of the appropriate fleet mix of ground-
based interceptor kill vehicles and boosters to maximize overall
system effectiveness and increase capacity and capability,
including the costs and benefits of continued inclusion of
capability enhancement II block 1 interceptors after the fielding
of the next-generation improved homeland defense interceptor.
SEC. 1688. ORGANIZATION, AUTHORITIES, AND BILLETS OF THE MISSILE
DEFENSE AGENCY.
(a) Independent Study.--
(1) Assessment.--In accordance with paragraph (2), the
Secretary of Defense shall seek to enter into a contract with a
federally funded research and development center to conduct a study
assessing--
(A) the organization of the Missile Defense Agency under
the Under Secretary of Defense for Research and Engineering
pursuant to section 205(b) of title 10, United States Code;
(B) alternative ways to organize the Agency under other
officials of the Department of Defense, including the Under
Secretary for Acquisition and Sustainment and any other
official of the Department the federally funded research and
development center determines appropriate; and
(C) transitioning the Agency to the standard acquisition
process pursuant to Department of Defense Instruction 5000,
including both the risks and benefits of making such a
transition.
(2) Scope of study.--Before entering into the contract with a
federally funded research and development center to conduct the
study under paragraph (1), the Secretary shall provide to the
congressional defense committees an update on the scope of such
study.
(3) Submission to dod.--Not later than 180 days after the date
of the enactment of this Act, the federally funded research and
development center shall submit to the Secretary the study
conducted under paragraph (1).
(4) Submission to congress.--Not later than 30 days after the
date on which the federally funded research and development center
submits to the Secretary the study under paragraph (1), the
Secretary shall submit to the congressional defense committees the
study, without change.
(b) Notification on Changes to Non-standard Acquisition Processes
and Responsibilities.--
(1) Requirements.--The Secretary may not make any changes to
the missile defense non-standard acquisition processes and
responsibilities described in paragraph (2) until the Secretary,
without delegation--
(A) has consulted with the Under Secretary of Defense for
Research and Engineering, the Under Secretary of Defense for
Acquisition and Sustainment, the Under Secretary of Defense for
Policy, the secretaries of the military departments, the
Chairman of the Joint Chiefs of Staff, the Commander of United
States Strategic Command, the Commander of United States
Northern Command, and the Director of the Missile Defense
Agency;
(B) certifies to the congressional defense committees that
the Secretary has coordinated the changes with and received the
views of the individuals referred to in subparagraph (A);
(C) submits to the congressional defense committees a
report describing the changes, the rationale for the changes,
and the views of the individuals referred to in subparagraph
(A) with respect to such changes; and
(D) a period of 120 days has elapsed following the date on
which the Secretary submits such report.
(2) Non-standard acquisition processes and responsibilities
described.--The non-standard acquisition processes and
responsibilities described in this paragraph are such processes and
responsibilities described in--
(A) the memorandum of the Secretary of Defense titled
``Missile Defense Program Direction'' signed on January 2,
2002;
(B) Department of Defense Directive 5134.09, as in effect
on the date of the enactment of this Act; and
(C) United States Strategic Command Instruction 583-3.
(c) Limitation on Certain Transfers of Billets.--During fiscal year
2020, the Secretary of Defense may not transfer civilian or military
billets from the Missile Defense Agency to any element of the
Department under the Under Secretary of Defense for Research and
Engineering until, for each such transfer--
(1) the Secretary notifies the congressional defense committees
of such proposed transfer; and
(2) a period of 90 days has elapsed following the date of such
notification.
SEC. 1689. ANNUAL ASSESSMENT OF BALLISTIC MISSILE DEFENSE SYSTEM.
(a) Annual Assessment.--As part of the annual report of the
Director of Operational Test and Evaluation submitted to Congress under
section 139 of title 10, United States Code, the Director shall include
an assessment of the ballistic missile defense system and all of the
elements of the system that have been fielded or are planned, as of the
date of the assessment, including--
(1) the operational effectiveness, suitability, and
survivability of the ballistic missile defense system and the
elements of the system that have been fielded or tested; and
(2) the adequacy and sufficiency of the test program of such
system as of the date of the assessment, including with respect to
the operational realism of the tests.
(b) Form.--Each assessment under subsection (a) may be submitted in
unclassified form, and may include a classified annex.
SEC. 1690. COMMAND AND CONTROL, BATTLE MANAGEMENT, AND COMMUNICATIONS
PROGRAM.
(a) Limitation on Sale.--The Director of the Missile Defense Agency
may not release the command and control, battle management, and
communications program for export until the date on which the Director
submits the report under subsection (b).
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Director shall submit to the congressional defense
committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of the Senate a
report containing the following:
(1) An explanation of the rationale of the Director for
considering to export the command and control, battle management,
and communications program (or any variants thereof) in light of
the critical role of the program in the strategic national defense
of the United States and the allies of the United States against
ballistic missile attack.
(2) The findings of the market research and analysis conducted
by the Director regarding exportable command and control solutions
for ballistic missile defense, including such solutions that are
internationally available.
SEC. 1691. MISSILE DEFENSE INTERCEPTOR SITE IN CONTIGUOUS UNITED
STATES.
(a) Report.--Not later than January 31, 2020, the Secretary of
Defense shall submit to the congressional defense committees a report
on the designation made on June 26, 2019, of a preferred potential
future missile field site in the contiguous United States from the
sites evaluated pursuant to section 227 of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat.
1678). The report shall address the following:
(1) The environmental impact statement prepared pursuant to
such section 227.
(2) The strategic and operational effectiveness of the site,
including with respect to the location that is the most
advantageous site in providing coverage to the entire contiguous
United States, including having the capability to provide shoot-
assess-shoot coverage to the entire contiguous United States.
(3) Construction remediation efforts and impacts to the
existing environment at the site.
(4) The existing infrastructure at the site.
(5) The costs to construct, equip, and operate the site.
(b) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(c) Rule of Construction.--Nothing in this section may be
construed--
(1) as requiring the Secretary of Defense to begin a military
construction project relating to the missile defense site in the
contiguous United States; or
(2) as a statement that there is any current military
requirement for such a site.
(d) Conforming Repeal.--Section 1681 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat.
1776) is repealed.
SEC. 1692. INDEPENDENT STUDY ON IMPACTS OF MISSILE DEFENSE DEVELOPMENT
AND DEPLOYMENT.
(a) Study.--Not later than 30 days after the date of the enactment
of this Act, the Secretary of Defense shall seek to enter into an
agreement with a federally funded research and development center to
conduct a study on the impacts of the development and deployment of
homeland missile defenses of the United States on the security of the
United States as a whole.
(b) Matters Included.--The study under subsection (a) shall--
(1) consider whether security benefits obtained by the
deployment of homeland missile defenses of the United States are
undermined or counterbalanced by adverse reactions of potential
adversaries, including both rogue states and near-peer adversaries;
and
(2) consider the effectiveness of the homeland missile defense
efforts of the United States to deter the development of ballistic
missiles, in particular by both rogue states and near-peer
adversaries.
(c) Submission.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the congressional
defense committees the study under subsection (a), without change.
(d) Form.--The study shall be submitted under subsection (c) in
unclassified form, but may include a classified annex.
SEC. 1693. REPORT AND BRIEFING ON MULTI-VOLUME KILL CAPABILITY.
Not later than 120 days after the date of the enactment of this
Act, the Under Secretary of Defense for Research and Engineering, in
coordination with the Director of the Missile Defense Agency, the Under
Secretary of Defense for Acquisition and Sustainment, and the Director
of Cost Assessment and Program Evaluation, shall submit to the
congressional defense committees a report, and shall provide to such
committees a briefing, on an assessment of potential roles for a multi-
volume kill capability in a future architecture of the ballistic
missile defense system. Such report and briefing shall include the
following:
(1) An assessment of the current technology readiness level of
necessary components and the technology readiness levels needed for
an operational system.
(2) An assessment of the costs and a comprehensive development
and testing schedule to deploy a multi-volume kill capability.
(3) A concept of operations with respect to how a multi-volume
kill capability could be employed and how such a capability
compares to single-kill ground-based midcourse defense system
interceptors.
Subtitle F--Other Matters
SEC. 1694. EXTENSION OF AUTHORIZATION FOR PROTECTION OF CERTAIN
FACILITIES AND ASSETS FROM UNMANNED AIRCRAFT.
(a) In General.--Subsection (i) of section 130i of title 10, United
States Code, is amended by striking ``2020'' both places it appears and
inserting ``2023''.
(b) Technical Corrections.--Such section is amended--
(1) in subsection (i)(1), as amended by subsection (a), by
striking ``of subsection (j)(3)'' and inserting ``of subsection
(j)(3)(C)''; and
(2) in subsection (j)(6), by striking ``in'' and all that
follows through the period at the end and inserting ``in section
44801 of title 49''.
SEC. 1695. REPEAL OF REQUIREMENT FOR COMMISSION ON ELECTROMAGNETIC
PULSE ATTACKS AND SIMILAR EVENTS.
Section 1691 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1786) is repealed.
SEC. 1696. REPEAL OF REVIEW REQUIREMENT FOR AMMONIUM PERCHLORATE
REPORT.
Section 1694 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1792) is amended by striking
subsection (d).
SEC. 1697. TRANSFERABILITY OF CONVENTIONAL PROMPT GLOBAL STRIKE WEAPON
SYSTEM TECHNOLOGIES TO SURFACE-LAUNCHED PLATFORMS.
(a) Surface-launched Technologies.--The Secretary of the Navy shall
ensure that the technologies developed for the conventional prompt
global strike weapon system are transferrable to a surface-launched
platform.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Navy shall submit to the
congressional defense committees a report on the programmatic changes
required to integrate the conventional prompt global strike weapon
system into current or future surface combatant ships.
SEC. 1698. PROHIBITION ON AVAILABILITY OF FUNDS FOR CERTAIN OFFENSIVE
GROUND-LAUNCHED BALLISTIC OR CRUISE MISSILE SYSTEMS.
(a) Prohibition.--None of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020 for the
Department of Defense may be obligated or expended for the procurement
or deployment of an offensive ground-launched ballistic or cruise
missile system with a range between 500 and 5,500 kilometers.
(b) Report.--Not later than January 31, 2020, the Secretary of
Defense shall submit to the congressional defense committees a report,
and provide a briefing, that includes the following:
(1) An evaluation of the capabilities required to execute
contingency plans in the areas of responsibility of the United
States European Command and the United States Indo-Pacific Command
using offensive ground-launched missile systems of ranges in excess
of 500 kilometers.
(2) An evaluation of what types of systems (including the range
and flight profile of such systems), if any, could be used to meet
the required capabilities identified under paragraph (1).
(3) The results of an analysis of alternatives conducted by the
Chairman of the Joint Chiefs of Staff and the Director of Cost
Assessment and Program Evaluation that considers--
(A) conventional missile systems, including ground-, sea-,
and air-launched missiles, that could be deployed to meet the
required capabilities identified under paragraph (1);
(B) the cost, schedule, and feasibility of tailored
acquisition strategies for each such system considered;
(C) simulations and games that were performed to inform the
analysis of alternatives;
(D) benefits and risks of such different types of systems,
including operational considerations in contested environments;
and
(E) any other operational or programmatic considerations
determined relevant by the Chairman or the Director.
(4) Options for basing any such missile system in, or deploying
any such missile system to, Europe or the Indo-Pacific region,
including any agreements required for such options and potential
timelines to implement such options.
(5) A list of any governments of a foreign country consulted
about such possible deployments, and a summary of the reaction of
each such government.
(6) A discussion of whether deploying such missile systems on
the territory of a NATO ally would require a consensus decision by
NATO.
(c) Form.--The report under subsection (b) shall be submitted in
unclassified form, but may contain a classified annex.
SEC. 1699. HARD AND DEEPLY BURIED TARGETS.
(a) Briefing Required.--
(1) In general.--Not later than December 1, 2019, the Chairman
of the Joint Chiefs of Staff shall, in consultation with the
Commander of the United States Strategic Command, provide to the
congressional defense committees a classified briefing on hard and
deeply buried targets.
(2) Elements.--The briefing required by paragraph (1) shall
include the following:
(A) An estimate of the total number of high-value hard and
deeply buried targets associated with United States military
operations plans.
(B) A description of the contents, functions, and hardening
characteristics of the targets described in subparagraph (A),
as well as their level of protection by anti-access and area
denial capabilities.
(C) An assessment of the current ability of, and
requirement, cost, and implications for deterrence and
strategic stability for, the United States to hold such targets
at risk using existing conventional and nuclear capabilities.
(D) An assessment of the potential ability of, and
requirement, cost, and implications for deterrence and
strategic stability for, the United States to hold such targets
at risk using projected conventional and nuclear capabilities
as of 2030.
(b) Plan Required.--Not later than February 15, 2020, the Secretary
of Defense shall develop a plan detailing the requirement, cost, and
implications for deterrence and strategic stability for the United
States to possess by 2025 the capabilities to pose a credible threat
against targets described in the briefing required by subsection (a).
TITLE XVII--REPORTS AND OTHER MATTERS
Subtitle A--Studies and Reports
Sec. 1701. Modification of annual reporting requirements on defense
manpower.
Sec. 1702. Termination of requirement for submittal to Congress of
certain recurring reports.
Sec. 1703. Modification of annual report on civilian casualties in
connection with United States military operations.
Sec. 1704. Extension of requirement for briefings on the national
biodefense strategy.
Sec. 1705. Authorization of appropriations for title III of the Defense
Production Act of 1950.
Sec. 1706. Report on the Department of Defense plan for mass-casualty
disaster response operations in the Arctic.
Sec. 1707. Transmittal to Congress of requests for assistance from other
departments of the Federal Government that are approved by the
Department of Defense.
Sec. 1708. Report and briefing on implementation of national defense
strategy.
Sec. 1709. Actions to increase analytic support.
Sec. 1710. Inclusion of certain individuals investigated by Inspectors
General in the semiannual report.
Sec. 1711. Annual report on Joint Military Information Support
Operations Web Operations Center.
Sec. 1712. Mobility capability requirements study.
Sec. 1713. Assessment of special operations force structure.
Sec. 1714. Army aviation strategic plan and modernization roadmap.
Sec. 1715. Report on ground-based long-range artillery to counter land
and maritime threats.
Sec. 1716. Independent review of transportation working-capital fund.
Sec. 1717. Geographic command risk assessment of proposed use of certain
aircraft capabilities.
Sec. 1718. Report on backlog of personnel security clearance
adjudications.
Sec. 1719. Report regarding outstanding Government Accountability Office
recommendations.
Sec. 1720. Report on National Guard and United States Northern Command
capacity to meet homeland defense and security incidents.
Sec. 1721. Assessment of standards, processes, procedures, and policy
relating to civilian casualties.
Sec. 1722. Report on transfers of equipment to prohibited entities.
Sec. 1723. Annual report on strikes undertaken by the United States
against terrorist targets outside areas of active hostilities.
Sec. 1724. Review and assessment of mitigation of military helicopter
noise.
Subtitle B--Other Matters
Sec. 1731. Technical, conforming, and clerical amendments.
Sec. 1732. Establishment of lead Inspector General for an overseas
contingency operation based on Secretary of Defense
notification.
Sec. 1733. Clarification of authority of Inspectors General for overseas
contingency operations.
Sec. 1734. Employment status of annuitants for Inspectors General for
overseas contingency operations.
Sec. 1735. Extension of National Security Commission on Artificial
Intelligence.
Sec. 1736. Exemption from calculation of monthly income, for purposes of
bankruptcy laws, of certain payments from the Department of
Veterans Affairs and the Department of Defense.
Sec. 1737. Extension of postage stamp for breast cancer research.
Sec. 1738. National Commission on Military Aviation Safety.
Sec. 1739. Guarantee of residency for spouses of members of the
uniformed services.
Sec. 1740. Electromagnetic pulses and geomagnetic disturbances.
Sec. 1741. Improvements to Manufacturing USA Program.
Sec. 1742. Regional innovation program.
Sec. 1743. Aviation workforce development.
Sec. 1744. Oversight of Department of Defense execute orders.
Sec. 1745. Processes and procedures for notifications regarding special
operations forces.
Sec. 1746. Securing American science and technology.
Sec. 1747. Standardized policy guidance for calculating aircraft
operation and sustainment costs.
Sec. 1748. Special Federal Aviation Regulation Working Group.
Sec. 1749. Prohibition on names related to the Confederacy.
Sec. 1750. Support for National Maritime Heritage Grants program.
Sec. 1751. Support for world language advancement and readiness.
Sec. 1752. Designation of Department of Defense strategic Arctic ports.
Sec. 1753. Independent studies regarding potential cost savings with
respect to the nuclear security enterprise and force structure
.
Sec. 1754. Comprehensive Department of Defense policy on collective
self-defense.
Sec. 1755. Policy regarding the transition of data and applications to
the cloud.
Sec. 1756. Integrated public alert and warning system.
Sec. 1757. Improving quality of information in background investigation
request packages.
Sec. 1758. Parole in place for members of the Armed Forces and certain
military dependents.
Sec. 1759. Report on reducing the backlog in legally required historical
declassification obligations of the Department of Defense.
Sec. 1760. Military type certification for light attack experimentation
aircraft.
Subtitle A--Studies and Reports
SEC. 1701. MODIFICATION OF ANNUAL REPORTING REQUIREMENTS ON DEFENSE
MANPOWER.
(a) Conversion of Annual Requirements Report Into Annual Profile
Report.--Section 115a of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking the
first two sentences and inserting the following new sentence:
``Not later than April 1 each year, the Secretary of Defense
shall submit to Congress a defense manpower profile report.'';
(B) in paragraph (1), by adding ``and'' at the end;
(C) in paragraph (2), by striking ``; and'' and inserting a
period; and
(D) by striking paragraph (3);
(2) in subsection (b)--
(A) by striking ``(1)''; and
(B) by striking paragraphs (2) and (3); and
(3) in subsection (c), by striking ``the following:'' and all
that follows and inserting ``the manpower required for support and
overhead functions within the armed forces and the Department of
Defense.''.
(b) Conversion of Certain Current Report Elements Into Separate,
Modified Reports.--Such section is further amended--
(1) in subsection (d), by striking ``The Secretary shall also
include in each such report'' and inserting ``Not later than April
1 each year, the Secretary shall submit to Congress a report that
sets forth''; and
(2) in subsection (e)(1), by striking ``In each such report,
the Secretary shall also include'' and inserting ``Not later than
April 1 each year, the Secretary shall submit to Congress a report
that sets forth'';
(3) in subsection (f)--
(A) in the matter preceding paragraph (1), by striking
``The Secretary shall also include in each such report'' and
inserting ``Not later than June 1 each year, the Secretary
shall submit to Congress a report that sets forth''; and
(B) in paragraph (1), by striking ``and estimates of such
numbers for the current fiscal year and subsequent fiscal
years'';
(4) in subsection (g)--
(A) in the matter preceding paragraph (1), by striking ``In
each report submitted under subsection (a), the Secretary shall
also include a detailed discussion'' and inserting ``Not later
than September 1 each year, the Secretary shall submit to
Congress a report that sets forth a detailed discussion,
current as of the preceding fiscal year,''; and
(B) by striking ``the year'' each place it appears and
inserting ``the fiscal year''; and
(5) in subsection (h), by striking ``In each such report, the
Secretary shall include a separate report'' and inserting ``Not
later than April 1 each year, the Secretary shall submit to
Congress a report''.
(c) Conforming and Clerical Amendments.--
(1) Heading amendment.--The heading of such section is amended
to read as follows:
``Sec. 115a. Annual defense manpower profile report and related
reports''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 3 of such title is amended by striking the item relating
to section 115a and inserting the following new item:
``115a. Annual defense manpower profile report and related reports.''.
SEC. 1702. TERMINATION OF REQUIREMENT FOR SUBMITTAL TO CONGRESS OF
CERTAIN RECURRING REPORTS.
(a) Termination.--Effective on December 30, 2021, each report
described in subsection (b) that is still required to be submitted to
Congress as of such effective date shall no longer be required to be
submitted to Congress.
(b) Covered Reports.--A report described in this subsection is any
of the following:
(1) The report required by section 1696(b) of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232).
(2) The report required by section 1071(b)(1) of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91).
(3) The report required by section 1788a(d) of title 10, United
States Code, as added by section 555 of such Act.
(4) The report required under section 709(g) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328;
10 U.S.C. 1071 note).
(5) The report required by section 1292(a)(2) of such Act (22
U.S.C. 2751 note).
(6) The quarterly report required by section 1236(c) of such
Act.
(7) The annual certification required by section 1666 of such
Act (10 U.S.C. 2431 note).
(8) The updates required under paragraph (3) of subsection (a)
of section 1694 of such Act to the report required under paragraph
(1) of such subsection.
(9) The notifications required by section 1695 of such Act.
(10) The report required under section 522(g) of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92).
(c) Conforming Repeal.--
(1) In general.--Section 1788a of title 10, United States Code,
is amended by striking subsection (d).
(2) Effective date.--The amendment made by paragraph (1) shall
take effect on December 30, 2021.
(d) Requirement for Preparation of Certain Reports to Congress by
Civilian Employees of the Federal Government and Members of the Armed
Forces.--
(1) Requirement.--Except as expressly otherwise provided in the
provision of law requiring such report, any report submitted to
Congress pursuant to a provision of a national defense
authorization Act that is enacted on or after the date that is
three years after the date of the enactment of this Act shall be
written by civilian employees of the Federal Government, members of
the Armed Forces, or both, and not by contractor employees of the
Federal Government.
(2) Briefing.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall brief the
Committees on Armed Services of the Senate and the House of
Representatives on the actions to be taken to ensure compliance
with the requirement in paragraph (1), including on any impediments
to compliance with the requirement.
SEC. 1703. MODIFICATION OF ANNUAL REPORT ON CIVILIAN CASUALTIES IN
CONNECTION WITH UNITED STATES MILITARY OPERATIONS.
(a) In General.--Section 1057 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91), as amended by section
1062 of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232), is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (5) and (6) as paragraphs
(8) and (9), respectively; and
(B) by striking paragraphs (3) and (4) and inserting the
following new paragraphs:
``(3) A description of the process by which the Department of
Defense investigates allegations of civilian casualties resulting
from United States military operations, including how the
Department incorporates information from interviews with witnesses,
civilian survivors of United States operations, and public reports
or other nongovernmental sources.
``(4) A description of--
``(A) steps taken by the Department to mitigate harm to
civilians in conducting such operations; and
``(B) in the case of harm caused by such an operation to a
civilian, any ex gratia payment or other assistance provided to
the civilian or the family of the civilian.
``(5) A description of any allegations of civilian casualties
made by public or non-governmental sources formally investigated by
the Department of Defense.
``(6) A description of the general reasons for any
discrepancies between the assessments of the United States and
reporting from nongovernmental organizations regarding non-
combatant deaths resulting from strikes and operations undertaken
by the United States.
``(7) The definitions of `combatant' and `non-combatant' used
in the preparation of the report, which shall be consistent with
the laws of armed conflict.''; and
(2) in subsection (e), by striking ``five years'' and inserting
``seven years''.
(b) Classification.--The Law Revision Counsel is directed to place
such section 1057 in a note following section 113 of title 10, United
States Code.
SEC. 1704. EXTENSION OF REQUIREMENT FOR BRIEFINGS ON THE NATIONAL
BIODEFENSE STRATEGY.
Section 1086(d) of the National Defense Authorization Act for
Fiscal year 2017 (Public Law 114-328; 130 Stat. 2423; 6 U.S.C. 104(d))
is amended by striking ``March 1, 2019'' and inserting ``March 1,
2025''.
SEC. 1705. AUTHORIZATION OF APPROPRIATIONS FOR TITLE III OF THE DEFENSE
PRODUCTION ACT OF 1950.
(a) In General.--Section 711 of the Defense Production Act of 1950
(50 U.S.C. 4561) is amended by adding at the end the following: ``In
addition to the appropriations authorized by the previous sentence,
there is authorized to be appropriated $117,000,000 for each of fiscal
years 2020 through 2024 to carry out title III.''.
(b) Annual Briefing Required.--Not later than 180 days after the
date of the enactment of this Act, and annually thereafter for five
years, the Secretary of Defense, or the designee of the Secretary,
shall brief the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and Urban
Affairs of the Senate on activities undertaken in the preceding year
with respect to title III of the Defense Production Act of 1950 (50
U.S.C. 4531 et seq.).
SEC. 1706. REPORT ON THE DEPARTMENT OF DEFENSE PLAN FOR MASS-CASUALTY
DISASTER RESPONSE OPERATIONS IN THE ARCTIC.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Department of Defense may be called upon to support the
Coast Guard and other agencies of the Department of Homeland
Security in responding to any mass-casualty disaster response
operations in the Arctic;
(2) coordination between the Department of Defense and the
Coast Guard might be necessary for responding to a mass-casualty
event in the Arctic; and
(3) prior planning for Arctic mass-casualty disaster response
operations will bolster the response of the Federal Government to a
mass-casualty disaster in the Arctic environment.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall, in coordination
with the Secretary of Homeland Security, submit to the appropriate
committees of Congress a report on the plan of the Department of
Defense for assisting mass-casualty disaster response operations in the
Arctic.
(c) Elements.--The report required by subsection (b) shall include
the following:
(1) A description of the assets that could be made available to
support other agencies and departments of the Federal Government
for mass-casualty disaster response operations in the Arctic.
(2) A description and assessment of the command, control, and
coordination relationships that would be useful to integrate rescue
forces for such operations from multiple agencies and departments
of the Federal Government.
(3) A description and assessment of the communications assets
that could be made available in support of other agencies and
departments of the Federal Government for communication and
coordination in such operations.
(4) A description of any cooperative arrangements with Canada
and other regional partners in providing rescue assets and
infrastructure in connection with such operations.
(5) A description of available medical infrastructure and
assets that could be made available in support of other agencies
and departments of the Federal Government for aeromedical
evacuation in connection with such operations.
(6) A description of available shelter locations that could be
made available in support of other agencies and departments of the
Federal Government for use in connection with such operations,
including the number of people that can be sheltered per location.
(7) An assessment of logistical challenges that evacuations
from the Arctic in connection with such operations entail,
including potential rotary and fixed-wing aircraft trans-load
locations and onward movement requirements.
(d) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on Homeland
Security and Governmental Affairs, and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on Homeland
Security, and the Committee on Appropriations of the House of
Representatives.
SEC. 1707. TRANSMITTAL TO CONGRESS OF REQUESTS FOR ASSISTANCE FROM
OTHER DEPARTMENTS OF THE FEDERAL GOVERNMENT THAT ARE APPROVED BY THE
DEPARTMENT OF DEFENSE.
(a) Requests Following Approval.--Not later than seven calendar
days after the Department of Defense approves a Request for Assistance
from the Department of Homeland Security or the Department of Health
and Human Services, the Secretary of Defense shall electronically
transmit to the Committees on Armed Services of the Senate and the
House of Representatives a copy of such Request for Assistance.
(b) Official Responses to Approved Requests.--At the same time the
Secretary of Defense submits to the Secretary of Homeland Security or
the Secretary of Health and Human Services an official response of the
Department of Defense approving a Request for Assistance from the
Department of Homeland Security or the Department of Health and Human
Services, as applicable, the Secretary of Defense shall electronically
transmit to the Committees on Armed Services of the Senate and the
House of Representatives a copy of such official response.
SEC. 1708. REPORT AND BRIEFING ON IMPLEMENTATION OF NATIONAL DEFENSE
STRATEGY.
(a) Report and Briefing.--In addition to the assessment required
under section 113(g)(1)(F) of title 10, United States Code, by not
later than April 30, 2020, the Secretary of Defense shall submit to the
congressional defense committees a report, and provide an accompanying
briefing, on the implementation of the national defense strategy
required under section 113(g) of title 10, United States Code. Such
report and briefing shall include each of the following:
(1) An explanation of the joint operational concepts to deter
and, if necessary, to defeat strategic competitors, including--
(A) an evaluation of the risks associated with the
employment of such joint operational concepts;
(B) the ways of adapting innovative joint operational
concepts to strategically significant scenarios;
(C) the ways that such joint operational concepts address
operational challenges to achieve advantages against strategic
competitors in the nuclear, space, and cyber domains; and
(D) the employment of the force in peacetime to dissuade
strategic competitors from conducting malign activities below
the threshold of open warfare, including an evaluation of the
use of Dynamic Force Employment and the Global Operating Model.
(2) The force posture changes and the United States defense
investments required to implement the national defense strategy.
(3) Adjustments to research and development projects and
programs of record, including any additions, deletions, or
modifications intended to align force management, including Joint
Force development and design, required to implement the national
defense strategy.
(4) An assessment of the personnel and organizational changes
required to implement the national defense strategy.
(5) The resources and defense investments necessary to support
the operational concepts and their implementation.
(b) Independent Studies.--
(1) Studies required.--
(A) In general.--The Secretary of Defense shall provide for
the performance of two independent studies on the development
of joint operational concepts within the Department of Defense
in accordance with this subsection.
(B) Submittal to congress.--Not later than October 1, 2020,
the Secretary shall submit to the congressional defense
committees the results of each study required under
subparagraph (A).
(C) Form.--Each study required under subparagraph (A) shall
be submitted in unclassified form, but may include a classified
annex.
(2) Entities to perform studies.--The Secretary shall provide
for the studies under paragraph (1) to be performed as follows:
(A) One study shall be performed by a federally funded
research and development center.
(B) One study shall be performed by an independent, non-
governmental institute, which is described in section 501(c)(3)
of the Internal Revenue Code of 1986 and which is exempt from
taxation under section 501(a) of such Code, and which has
recognized credentials and expertise in national security and
military affairs.
(3) Performance of studies.--
(A) Independent performance.--The Secretary shall require
the studies required under this subsection to be conducted
independently of one another.
(B) Matters to be considered.--In performing a study under
this subsection, the organization performing the study shall
consider the following matters:
(i) An assessment of the Department of Defense Capstone
Concept of Joint Operations process to define, develop, and
improve joint operational concepts.
(ii) An evaluation of how the Department is validating
new joint operational concepts through experimentation and
military exercises.
(iii) The effectiveness of joint operational concepts
to accomplish the objective of deterring and defeating
strategic competitors, including an evaluation of the risks
associated with each joint operational concept.
(iv) The ability of joint operational concepts to
promote or to effectuate strategic objectives, defense
policies, and budgetary priorities.
(v) Recommendations to alter or improve joint
operational concepts.
(vi) Such other matters as the Secretary of Defense
determines to be appropriate.
SEC. 1709. ACTIONS TO INCREASE ANALYTIC SUPPORT.
(a) In General.--The Secretary of Defense shall direct the Under
Secretary of Defense for Policy, the Director of the Joint Staff, and
the Director of Cost Assessment and Program Evaluation, in consultation
with the Secretary of each of the military services, to jointly develop
and implement a plan to strengthen the analytic capabilities,
expertise, and processes necessary to implement the national defense
strategy, as required under section 113(g) of title 10, United States
Code.
(b) Elements.--The plan under subsection (a) shall include--
(1) an assessment of the decision support capability of the
Department of Defense to support decision-making, specifically the
analytic expertise available to inform senior leader decisions that
link national defense strategy objectives with approaches to
competing effectively across the full spectrum of engagement
against strategic competitors;
(2) an analytic approach to force structure development,
including an assessment of the major elements, products, and
milestones of the force planning process of the Department;
(3) the conclusions and recommendations of the Defense Planning
and Analysis Community initiative;
(4) the progress of the Department in implementing the
recommendations of the Comptroller General of the United States set
forth in Government Accountability Office Report (GAO-19-40C);
(5) the progress of the Under Secretary, the Chairman of the
Joint Chiefs of Staff, and the Director of Cost Assessment and
Program Evaluation in implementing paragraph (5) of section 134(b)
of title 10, United States Code, as added by section 902(b) of the
John S. McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232); and
(6) such other matters as the Secretary of Defense determines
to be appropriate.
(c) Briefing Required.--Not later than March 1, 2020, the Secretary
of Defense shall provide to the congressional defense committees a
briefing on the plan under subsection (a).
SEC. 1710. INCLUSION OF CERTAIN INDIVIDUALS INVESTIGATED BY INSPECTORS
GENERAL IN THE SEMIANNUAL REPORT.
Section 5(a)(19) of the Inspector General Act of 1978 (Public Law
95-452; 5 U.S.C. App.) is amended by inserting ``the name of the senior
government official (as defined by the department or agency) if already
made public by the Office, and'' after ``including''.
SEC. 1711. ANNUAL REPORT ON JOINT MILITARY INFORMATION SUPPORT
OPERATIONS WEB OPERATIONS CENTER.
(a) In General.--Not later than March 1 of 2020, and each
subsequent year until the termination date specified in subsection (c),
the Assistant Secretary of Defense for Special Operations and Low-
Intensity Conflict and the Commander of United States Special
Operations Command shall jointly submit to the congressional defense
committees a report on the activities of the Joint Military Information
Support Operations Web Operations Center (hereinafter referred to as
the ``JMWC'') during the most recently concluded fiscal year.
(b) Elements.--The report required by subsection (a) shall include
each of the following, for the fiscal year covered by the report:
(1) Definitions of initial operating capability and full
operational capability as such terms relate to the JMWC.
(2) A detailed description of all activities conducted or
planned to be conducted toward achieving initial operating
capability and full operational capability of the JMWC.
(3) A list of all associated funding requested for each program
element for achieving initial operating capability and full
operational capability.
(4) A detailed description of validated doctrine, organization,
training, materiel, leadership and education, personnel,
facilities, and policy requirements relating to establishment and
operation of the JMWC.
(5) A description of current JMWC capabilities, including
information technology infrastructure and contractual arrangements.
(6) A list of all physical locations hosting JMWC capabilities.
(7) The number of military, contractor, and civilian personnel
associated with the JMWC and any affiliated agency, service, or
other Department of Defense entity.
(8) A description of the JMWC personnel organizational
structure.
(9) An identification of inherently governmental functions
relating to administration of the JMWC and execution of Military
Information Support Operations (hereinafter referred to as
``MISO)'' programs enabled by the JMWC.
(10) A detailed description of frameworks, metrics, and
capabilities to measure the effectiveness of MISO programs enabled
by the JMWC.
(11) A list of all associated funding requested by program
element from each of the geographic combatant commanders for MISO
programs enabled by the JMWC and a description of such MISO
activities.
(12) An assessment of the effectiveness of MISO programs
enabled by the JMWC.
(13) A description of efforts and activities conducted to share
best practices and leverage lessons learned across the Department
of Defense relating to MISO programs enabled by the JMWC, as well
as a description of such best practices and lessons learned.
(14) An identification of liaisons and detailees to the JMWC
from agencies and elements of the Department of Defense and other
elements of the Federal Government.
(15) Activities and efforts conducted to synchronize and
deconflict MISO programs within the Department of Defense and with
interagency and international partners related to strategic
communications, as appropriate.
(16) Such other information as the Assistant Secretary and the
Commander determine appropriate.
(c) Termination.--The requirement to submit a report under this
section shall terminate on January 1, 2025.
SEC. 1712. MOBILITY CAPABILITY REQUIREMENTS STUDY.
(a) In General.--The Commander of the United States Transportation
Command, in coordination with the Chairman of the Joint Chiefs of
Staff, the Secretaries of the military departments, and the commanders
of the combatant commands, shall conduct a study of the end-to-end,
full-spectrum mobility requirements to fulfill the national defense
strategy required by section 113(g) of title 10, United States Code,
for 2018. Such study shall be completed not later than January 1, 2021.
(b) Elements of Study.--The study required under subsection (a)
shall include each of the following:
(1) An assessment of the ability of the programmed airlift
aircraft, tanker aircraft, sealift ships, and key mobility enablers
to meet the integrated mobility requirements in expected strategic
environments, as defined by the guidance in such national defense
strategy.
(2) An identification, quantification, and description of the
associated risk-to-mission (as defined by Chairman of the Joint
Chiefs of Staff Manual 3105.01, Joint Risk Analysis) required to
fulfill such strategy, including--
(A) as assessment of risk-to-mission associated with
achieving strategic and operational objectives using the
programmed airlift aircraft, tanker aircraft, sealift ships,
and key mobility enablers; and
(B) a description of the combinations of airlift aircraft,
tanker aircraft, sealift ships, and key mobility enabler
requirements and capabilities that provide low, moderate,
significant, and high levels of risk-to-mission to fulfill such
strategy.
(3) An identification of any mobility capability gaps,
shortfalls, overlaps, or excesses, including--
(A) an assessment of associated risks with respect to the
ability to conduct operations; and
(B) recommended mitigation strategies where possible.
(4) The articulation of all key assumptions and decisions made
and excursions examined in conducting the study with respect to--
(A) risk;
(B) programmed forces and infrastructure;
(C) the availability of commercial airlift and commercial
United States sealift capabilities and resources, when
applicable;
(D) aircraft usage rates, aircraft mission availability
rates, aircraft mission capability rates, aircrew ratios,
aircrew production, and aircrew readiness rates;
(E) readiness, crewing, and activation rates for sealift
ships;
(F) prepositioning, forward stationing, seabasing,
engineering, and infrastructure;
(G) demand signals used to represent missions described in
the national defense strategy for 2018, in competition and
wartime;
(H) concurrency and global integration of demand signals;
(I) integrated global presence and basing strategy;
(J) host nation or third-country support;
(K) adversary actions to degrade and disrupt United States
mobility operations;
(L) adversary actions that threaten freedom of navigation
on international waterways, including attacks on foreign ships
and crews;
(M) aircraft being used for training or undergoing depot
maintenance or modernization or ships undergoing depot
maintenance;
(N) mobility enabling forces availability, readiness, and
use;
(O) logistics concept of operations, including any support
concepts, methods, combat support forces, and combat service
support forces, that are required to enable the projection and
enduring support to forces both deployed and in combat for each
analytic scenario;
(P) anticipated attrition rates for the assessed force
structure; and
(Q) such other matters as the Commander determines
appropriate.
(5) Such other elements as the Commander determines
appropriate.
(c) Reports and Briefings.--
(1) Interim report and briefing.--Not later than June 1, 2020,
the Commander of the United States Transportation Command, in
coordination with the Chairman of the Joint Chiefs of Staff, the
Secretaries of the military departments, and the commanders of the
combatant commands, shall--
(A) submit to the congressional defense committees an
interim report on the study; and
(B) provide to such committees a briefing on the report.
(2) Final report and briefing.--Not later than January 1, 2021,
the Commander of the United States Transportation Command, in
coordination with the Chairman of the Joint Chiefs of Staff, the
Secretaries of the military departments, and the commanders of the
combatant commands, shall--
(A) submit to the congressional defense committees a final
report on the study; and
(B) provide to such committees a briefing on the report.
(3) Form of reports.--The reports required by paragraphs (1)
and (2) shall be submitted in unclassified form, but may include a
classified annex.
(d) Definition of Sealift Ship.--In this section, the term
``sealift ship'' includes surge sealift vessels, tanker vessels, and
non-governmental vessels incorporated as part of the maritime logistics
enterprise.
SEC. 1713. ASSESSMENT OF SPECIAL OPERATIONS FORCE STRUCTURE.
(a) Assessment.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to enter
into an agreement with a federally funded research and development
center for the conduct of an independent assessment of the force
structure and roles and responsibilities of special operations forces.
(b) Matters to Be Considered.--In performing the assessment under
this section, the federally funded research and development center
shall consider the following matters:
(1) The most recent national defense strategy under section
113(g) of title 10, United States Code.
(2) Special operations activities, as described in section
167(k) of title 10, United States Code.
(3) Potential future national security threats to the United
States.
(4) Ongoing counterterrorism and contingency operations of the
United States.
(5) The demand for special operations forces by geographic
combatant commanders for security cooperation, exercises, and other
missions that could be executed by conventional forces.
(6) Other government and non-government analyses that would
contribute to the assessment through variations in study
assumptions or potential scenarios.
(7) The role of emerging technology on special operations
forces.
(8) Opportunities for reduced operation and sustainment costs
of special operations.
(9) Current and projected capabilities of other United States
Armed Forces that could affect force structure capability and
capacity requirements of special operations forces.
(10) The process by which United States Special Operations
Command determines force size and structure.
(11) The size, composition, and organizational structure of
United States Special Operations Command headquarters and
subordinate headquarters elements.
(12) The readiness of special operations forces for assigned
missions and future conflicts.
(13) The adequacy of special operations force structure for
meeting the goals of the National Military Strategy under section
153(b) of title 10, United States Code.
(14) Any other matters deemed relevant.
(c) Assessment Results.--The results of the assessment under this
section shall include each of the following:
(1) Considerations and recommendations for improving the
readiness of special operations forces.
(2) Alternative headquarters and force structure options to
reduce administrative costs and enhance operational effectiveness.
(3) Legislative recommendations with respect to section 167 of
title 10, United States Code, and other relevant provisions of law.
(d) Submission to Congress.--Not later than July 1, 2020, the
Secretary shall submit to the congressional defense committees an
unaltered copy of the assessment required under subsection (a) together
with the views of the Assistant Secretary of Defense for Special
Operations and Low-Intensity Conflict and the Commander of United
States Special Operations Command on the assessment and the
recommendations included in the assessment.
SEC. 1714. ARMY AVIATION STRATEGIC PLAN AND MODERNIZATION ROADMAP.
(a) Strategic Plan and Modernization Roadmap.--
(1) In general.--The Secretary of the Army shall develop a
comprehensive strategic plan for Army aviation, which shall--
(A) ensure the alignment between requirements, both current
and future, and Army budget submissions to meet such
requirements; and
(B) inform the preparation of future defense program and
budget requests by the Secretary, and the consideration of such
requests by Congress.
(2) Elements.--The plan required by paragraph (1) shall include
the following:
(A) An assessment of all missions for Army aviation, both
current missions and those missions necessary to support the
national defense strategy and the U.S. Army in Multi-Domain
Operations 2028 concept.
(B) An analysis of platforms, capabilities, and capacities
necessary to fulfill such current and future Army aviation
missions.
(C) The anticipated life cycle budget associated with each
platform, capability, and capacity requirement for both current
and future requirements.
(D) An analysis showing operational, budget, and schedule
trade-offs between sustainment of currently fielded
capabilities, modernization of currently fielded capabilities,
and development and production of new capabilities.
(b) Report to Congress.--Not later than March 30, 2020, the
Secretary of the Army shall submit to the congressional defense
committees a report containing--
(1) the comprehensive strategic plan required by subsection
(a); and
(2) a sustainment and modernization plan for carrying out such
strategic plan through fiscal year 2028.
SEC. 1715. REPORT ON GROUND-BASED LONG-RANGE ARTILLERY TO COUNTER LAND
AND MARITIME THREATS.
(a) In General.--Not later than March 1, 2020, the Secretary of
Defense shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the efforts by the Army and
Marine Corps to develop and deploy ground-based long-range rocket and
cannon artillery to counter land and maritime threats.
(b) Elements.--The report required by subsection (a) shall include
each of the following:
(1) An assessment of ongoing and future Army and Marine Corps
efforts to develop and deploy ground-based long-range rocket and
cannon artillery to counter land and maritime fires in the areas of
operations of United States Indo-Pacific Command and United States
European Command.
(2) An assessment of and recommendations for how the Department
of Defense can improve the development and deployment of such
artillery.
(3) An analysis, assessment, and determination of how such
artillery employed in support of the United States and allied
forces will be stationed, deployed, operationally positioned, and
controlled to operate effectively against potential adversaries
throughout the depth of their tactical, operational, and strategic
formations, including any recommendations of the Secretary
regarding how such capabilities and support could be enhanced.
(c) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form, but may contain a classified annex.
SEC. 1716. INDEPENDENT REVIEW OF TRANSPORTATION WORKING-CAPITAL FUND.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretary of each of the military departments, shall enter into a
contract with a federally funded research and development center for
the conduct of an independent review of the transportation working-
capital fund (hereinafter referred to as the ``TWCF'') of the United
States Transportation Command.
(b) Matters for Inclusion.--The review conducted under subsection
(a) shall include each of the following:
(1) The viability of the TWCF as it is structured as of the
date of the enactment of this Act.
(2) An assessment of any instances in which excess TWCF funds
were used for procurement or modernization efforts that would not
otherwise have been funded using amounts made available for
operation and maintenance.
(3) Recommendations for how the TWCF could be restructured in
order to make the fund more effective and efficient.
(4) Potential alternative funding mechanisms for certain
components of the TWCF, including the channel system.
(5) Any other matters the Secretaries jointly determine
appropriate.
(c) Report.--Not later than March 1, 2021, the Secretary of Defense
and the Secretary of each of the military departments shall jointly
submit the to the congressional defense committees a copy of the review
conducted under subsection (a).
SEC. 1717. GEOGRAPHIC COMMAND RISK ASSESSMENT OF PROPOSED USE OF
CERTAIN AIRCRAFT CAPABILITIES.
(a) In General.--Not later than March 31, 2020, each commander of a
geographic combatant command shall submit to the congressional defense
committees a report containing an assessment of the level of
operational risk to that command posed by the plans of the Department
of the Navy and Department of the Air Force to provide a mix of fifth
generation and advanced fourth generation tactical aircraft
capabilities to meet near-, mid-, and far-term contingency and steady-
state operational requirements against adversaries in support of the
objectives of the 2018 national defense strategy.
(b) Assessment of Risk.--In assessing levels of operational risk
under subsection (a), a commander shall use the military risk matrix of
the Chairman of the Joint Chiefs of Staff, as described in CJCS
Instruction 3401.01E.
(c) Geographic Combatant Command.--In this section, the term
``geographic combatant command'' means each of the following:
(1) United States European Command.
(2) United States Indo-Pacific Command.
(3) United States Africa Command.
(4) United States Southern Command.
(5) United States Northern Command.
(6) United States Central Command.
SEC. 1718. REPORT ON BACKLOG OF PERSONNEL SECURITY CLEARANCE
ADJUDICATIONS.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, and quarterly thereafter for three years, the
Security Executive Agent, in coordination with members of the
Performance Accountability Council established pursuant to Executive
Order 13467, shall submit to Congress a report on the backlog of
personnel security clearance adjudications conducted by all Government
agencies that adjudicate decisions for security clearances. Such report
shall include--
(1) the size of the backlog of personnel security clearance
adjudications, by agency, for the fiscal quarter preceding the
quarter during which the report is submitted;
(2) the average length of time, for each security clearance
sensitivity level, to carry out an initial adjudication and an
adjudication following a periodic reinvestigation, by agency;
(3) the number of cases referred to the Consolidated
Adjudication Facility of the Department of Defense;
(4) the number of initial investigations adjudicated by the
Consolidated Adjudication Facility;
(5) the number of periodic reinvestigations adjudicated by the
Consolidated Adjudication Facility;
(6) the number of cases adjudicated by the Consolidated
Adjudication Facility stemming from participation in a continuous
evaluation program;
(7) the number of personnel enrolled in a continuous evaluation
program as opposed to subject to a periodic reinvestigation;
(8) the number of adjudicators by agency; and
(9) a backlog mitigation plan, which shall include--
(A) the identification of the cause of, and recommendations
to remedy, the adjudication backlog at Federal agencies; and
(B) the steps the Security Executive Agent, established
pursuant to Executive Order 13467, shall take to reduce the
adjudication backlog.
(b) Public Availability.--Each report required under subsection (a)
shall be made publicly available.
SEC. 1719. REPORT REGARDING OUTSTANDING GOVERNMENT ACCOUNTABILITY
OFFICE RECOMMENDATIONS.
Not later than September 30, 2020, the Secretary of Defense shall
submit to the congressional defense committees a report that includes--
(1) a list of the priority recommendations identified by the
Comptroller General of the United States regarding matters of the
Department of Defense that the Secretary has not implemented due to
funding limitations.
(2) the estimated cost associated with implementing such
recommendations.
SEC. 1720. REPORT ON NATIONAL GUARD AND UNITED STATES NORTHERN COMMAND
CAPACITY TO MEET HOMELAND DEFENSE AND SECURITY INCIDENTS.
Not later than September 30, 2020, the Chief of the National Guard
Bureau shall, in consultation with the Commander of United States
Northern Command, submit to the congressional defense committees a
report setting forth the following:
(1) A clarification of the roles and missions, structure,
capabilities, and training of the National Guard and the United
States Northern Command, and an identification of emerging gaps and
shortfalls in light of current homeland security threats to our
country.
(2) A list of the resources that each State and Territory
National Guard has at its disposal that are available to respond to
a homeland defense or security incident, with particular focus on a
multi-State electromagnetic pulse event.
(3) The readiness and resourcing status of forces listed
pursuant to paragraph (2).
(4) The current strengths and areas of improvement in working
with State and Federal interagency partners.
(5) The current assessments that address National Guard
readiness and resourcing of regular United States Northern Command
forces postured to respond to homeland defense and security
incidents.
(6) A roadmap to 2040 that addresses readiness across the
spectrum of long-range emerging threats facing the United States.
SEC. 1721. ASSESSMENT OF STANDARDS, PROCESSES, PROCEDURES, AND POLICY
RELATING TO CIVILIAN CASUALTIES.
(a) Assessment.--The Secretary of Defense shall seek to enter into
an agreement with a federally funded research and development center
for the conduct of an independent assessment of Department of Defense
standards, processes, procedures, and policy relating to civilian
casualties resulting from United States military operations.
(b) Matters To Be Considered.--In conducting the assessment under
this section, the federally funded research and development center
shall consider the following matters:
(1) Department of Defense policy relating to civilian
casualties resulting from United States military operations.
(2) Standards, processes, and procedures for internal
assessments and investigations of civilian casualties resulting
from United States military operations.
(3) Standards, processes, and procedures for identifying,
assessing, investigating, and responding to reports of civilian
casualties resulting from United States military operations from
the public and non-governmental entities and sources.
(4) Combatant command resourcing and organizational constructs
for assessing and investigating civilian casualties resulting from
United States military operations.
(5) Mechanisms for public and non-governmental entities to
report civilian casualties that may have resulted from United
States military operations to the Department of Defense.
(6) Standards and processes for accurately recording kinetic
strikes, including raids, strikes, and other missions, and civilian
casualties resulting from United States military operations.
(7) An analysis of general reasons for any disparity between
third party public estimates and official United States Government
estimates of civilian casualties resulting from United States or
joint military operations.
(8) The standardization of dissemination and
institutionalization across the Department of Defense and the
combatant commands of lessons learned from United States military
operations as a means of reducing the likelihood of civilian
casualties from United States military operations.
(9) Any other matters the Secretary of Defense determines
appropriate.
(c) Recommendations for Improvements.--The results of the
assessment under this section shall include recommendations for
improvements to standards, processes, procedures, policy, and
organizational constructs relating to civilian casualties resulting
from United States military operations.
(d) Submission of Report.--
(1) In general.--Not later than July 1, 2020, the Secretary of
Defense shall submit to the congressional defense committees a
report setting forth an unaltered copy of the assessment under this
section, together with the views of the Secretary on the assessment
and on the recommendations included pursuant to subsection (c).
(2) Form of report.--The report under paragraph (1) shall be
submitted in unclassified form, but may contain a classified annex.
(3) Public availability.--The Secretary shall make the
unclassified form of the report under paragraph (1) available to
the public.
SEC. 1722. REPORT ON TRANSFERS OF EQUIPMENT TO PROHIBITED ENTITIES.
(a) Annual Report.--Not later than March 1, 2021, and each
subsequent year through 2025, the Secretary of Defense, in coordination
with the Secretary of State, shall submit to the appropriate committees
of Congress a report on the transfer of defense articles during the
year preceding the year during which the report is submitted to any of
the following:
(1) Any security force unit that has committed a gross
violation of human rights in violation of section 362 of title 10,
United States Code, or section 620M of the Foreign Assistance Act
of 1961 (22 U.S.C. 2378d).
(2) Any group or organization prohibited by law from receiving
assistance from the United States.
(b) Matters to Be Included.--The report required by subsection (a)
shall include the following:
(1) A description of any confirmed instance in which the
government of a foreign state that has received defense articles
pursuant to a Department of Defense assistance authority
subsequently transferred any such articles to a unit of that
foreign state that is prohibited from receiving assistance from the
United States by reason of a determination by the Secretary of
Defense or the Secretary of State that there is credible evidence
that such unit has committed a gross violation of human rights.
(2) A description of any instance, confirmed or under
investigation, in which the government of a foreign state that has
received defense articles pursuant to a Department of Defense
assistance authority subsequently transferred any such articles to
a group or organization that is prohibited by law from receiving
assistance from the United States.
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 1723. ANNUAL REPORT ON STRIKES UNDERTAKEN BY THE UNITED STATES
AGAINST TERRORIST TARGETS OUTSIDE AREAS OF ACTIVE HOSTILITIES.
(a) Annual Report.--Not later than May 1 2020, and annually
thereafter until 2022, the Director of National Intelligence and the
Secretary of Defense shall jointly submit to Congress a report on the
number of strikes undertaken by the United States against terrorist
targets outside areas of active hostilities during the preceding
calendar year, as well as assessments of combatant and non-combatant
deaths resulting from those strikes.
(b) Contents of Report.--The report required by subsection (a)
shall include--
(1) information obtained from relevant agencies regarding the
general sources of information and methodology used to conduct the
assessments of combatant and non-combatant deaths;
(2) to the extent feasible and appropriate, the general reasons
for discrepancies between post-strike assessments from the United
States and credible reporting from nongovernmental organizations
regarding non-combatant deaths resulting from strikes undertaken by
the United States against terrorist targets outside areas of active
hostilities.
(c) Review of Post-strike Reporting.--In preparing a report under
this section, the Director and the Secretary shall, to the maximum
extent practicable, review relevant and credible post-strike all-source
reporting, including such information from nongovernmental sources, for
the purpose of ensuring that this reporting is available to and
considered by relevant agencies in their assessment of deaths.
(d) Form of Report.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a classified annex.
SEC. 1724. REVIEW AND ASSESSMENT OF MITIGATION OF MILITARY HELICOPTER
NOISE.
(a) In General.--The Secretary of Defense, in coordination with the
Chairman of the Joint Chiefs of Staff, shall conduct a review and
assessment of military helicopter noise in the National Capital Region.
Such review and assessment shall include--
(1) a study on the causes and effects of military helicopter
noise on communities and individuals in the National Capital
Region;
(2) recommendations to mitigate the effects of military
helicopter noise on individuals, structures, and property values in
the National Capital Region; and
(3) the extent to which the Department has processes in place
for collecting, analyzing, and managing military helicopter noise
complaints from the general public across the National Capital
Region.
(b) Focus.--In conducting the review under subsection (a), the
Secretary and the Chairman of the Joint Chiefs of Staff shall focus on
all military helicopter flights in the National Capital Region,
including helicopters from the Army, Air Force, and Marine Corps.
(c) Report.--Not later than six months after the date of the
enactment of this Act, the Secretary shall submit to Congress a report
on the results of the review conducted under subsection (a). Such
report shall include a description of the policies and procedures
currently being used by the Army, Air Force, and Marine Corps in the
National Capital Region to mitigate the impact of helicopter noise as
well as the means to track compliance with these internal practices to
ensure compliance.
(d) Definition of National Capital Region.--In this section, the
term ``National Capital Region'' has the meaning given the term in
section 2574 of title 10, United States Code.
Subtitle B--Other Matters
SEC. 1731. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States Code, is
amended as follows:
(1) The table of chapters at the beginning of subtitle A, and
at the beginning of part I of such subtitle, are each amended by
striking the item relating to chapter 9A and inserting the
following:
``9A. Audit......................................................240a''.
(2) The table of chapters at the beginning of subtitle A, and
at the beginning of part I of such subtitle, are each amended by
striking the item relating to chapter 112 and inserting the
following:
``112. Cyber Scholarship Program.................................2200''.
(3) Section 113(j)(1) is amended by inserting ``the'' before
``congressional defense committees''.
(4) Section 119a is amended in each of the subsection headings
for subsections (a) and (b) by striking ``AACMS'' and inserting
``ACCMS''.
(5) Section 127(c)(1) is amended by inserting ``the'' before
``congressional defense committees''.
(6) Section 130i is amended--
(A) in subsection (i)(1), by inserting ``(C)'' after
``(j)(3)''; and
(B) in subsection (j)(6), by striking ``40101'' and
inserting ``44802''.
(7) Section 131(b)(8) is amended by redesignating subparagraph
(I) as subparagraph (F).
(8) Section 132 is amended by redesignating subsection (e) as
subsection (d).
(9) The item relating to section 169 in the table of sections
at the beginning of chapter 6 is amended by inserting a period
after ``Command''.
(10) The item relating to section 183a in the table of sections
at the beginning of chapter 7 is amended to read as follows:
``183a. Military Aviation and Installation Assurance Clearinghouse for
review of mission obstructions.''.
(11) Section 187(a)(2)(C) is amended by striking ``Assistant
Secretary of the Army for Acquisition, Technology, and Logistics''
and inserting ``Assistant Secretary of the Army for Acquisition,
Logistics, and Technology''.
(12) Section 222a(d)(3)(A) is amended by inserting ``had''
before ``been''.
(13) Section 222b(a) is amended by striking ``United States
Code,''.
(14) Section 284 is amended--
(A) by striking ``section 376'' both places it appears and
inserting ``section 276'';
(B) in subsection (f), by inserting ``)'' after ``Stat.
1564)'';
(C) in subsection (g)(2), by striking ``section 375'' and
inserting ``section 275''; and
(D) in subsection (h)(1)(A)(vi)(VI) by striking ``section
1004 of the National Defense Authorization Act for Fiscal Year
1991 (10 U.S.C. 374 note) and''.
(15) The table of sections at the beginning of subchapter V of
chapter 16 is amended by striking ``Sec.'' after the item relating
to section 350.
(16) Section 341(e)(2)(A) is amended by adding a period at the
end.
(17) Section 526(k) is amended by inserting ``the'' before
``number of general officers''.
(18) Section 649j is amended by striking ``(a) In General.-
The'' and inserting ``The''.
(19) Section 651(a) is amended by inserting ``shall serve''
after ``(50 U.S.C. 3806(d)(1))''.
(20) The heading of section 928b (article 128b of the Uniform
Code of Military Justice) is amended to read as follows:
``Sec. 928b. Art. 128b. Domestic violence''.
(21) Section 1034(b)(1)(B)(ii) is amended by striking
``subsection (i)'' and inserting ``subsection (j)'';
(22) Section 1073c(a) is amended by redesignating the second
paragraph (4) as paragraph (6).
(23) Section 1075(d)(1) is amended in the table by striking
``25% of out of network'' and inserting ``25% out of network''.
(24) Section 1076d(d)(1) is amended by striking ``section 1075
of this section'' and inserting ``section 1075 of this title''.
(25) Section 1076e(d)(1) is amended by striking ``section 1075
of this section'' and inserting ``section 1075 of this title''.
(26) Section 1142(c)(3) is amended by striking ``paragraph
(2)(B)'' and inserting ``paragraph (2)(C)''.
(27) Section 1762(c) is amended by striking ``in at any one
time'' and inserting ``at any one time in''.
(28) Section 1788a is amended in subsection (d)(1) by striking
``Not later than March 1, 2019, and each March 1 thereafter'' and
inserting ``Not later than March 1 each year''.
(29) Section 2208(u) is amended by inserting ``of this title''
after ``2805'' each place it appears.
(30) Section 2216(b)(1) is amended by striking ``subsection
(c)(1)(B)(iii)'' and inserting ``subsection (c)(1)(B)(ii)''.
(31) Section 2222(i)(11) is amended by striking ``subsection
(a)(6)(A)'' and inserting ``subsection (e)(6)(A)''.
(32) Section 2228(a)(2) is amended by striking the second
period at the end.
(33) The item relating to section 2229b in the table of
sections at the beginning of chapter 131 is amended to read as
follows:
``2229b. Comptroller General assessment of acquisition programs and
initiatives.''.
(34) Section 2273(b)(1) is amended by inserting a semicolon at
the end.
(35) The heading for section 2279d is amended by striking the
period at the end.
(36) The heading of section 2284, as added by section 311(a) of
the John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 132 Stat. 1708), is amended to read
as follows:
``Sec. 2284. Explosive Ordnance Disposal Defense Program''.
(37) Section 2304(f)(1)(B) is amended--
(A) in clause (ii), by striking ``paragraph (6)(A)'' and
inserting ``paragraph (5)(A)''; and
(B) in clause (iii), by striking ``paragraph (6)(B)'' and
inserting ``paragraph (5)(B)''.
(38) Section 2305a(d)(1) is amended by striking ``a
indefinite'' and inserting ``an indefinite''.
(39)(A) Section 2304e is amended by striking the last four
words of the section heading.
(B) Section 2323a is amended--
(i) in the section heading, by striking the last six words;
and
(ii) in subsection (e)--
(I) in paragraph (1), by striking ``102 Stat. 2468;'';
(II) in paragraph (2), by striking ``(25 U.S.C.
450b(d))'' and inserting ``(25 U.S.C. 5304(d))''; and
(III) in paragraph (3), by striking ``(25 U.S.C.
450b(e))'' and inserting ``(25 U.S.C. 5304(e))''.
(C) The table of sections at the beginning of chapter 137 is
amended by striking the last four words of the item relating to
section 2304e and the last six words of the item relating to
section 2323a.
(40) Section 2307(a)(1) is amended by striking ``may'' and
inserting ``may--''.
(41) Section 2313b(d) is amended by striking ``an task order''
both places it appears and inserting ``a task order''.
(42) Section 2329(g)(1) is amended by striking ```bridge
contact''' and inserting ```bridge contract'''.
(43) Section 2339a(e)(5) is amended by striking ``section
3542(b)'' and inserting ``section 3552(b)(6)''.
(44) Section 2366a(c)(1)(F) is amended by striking ``section
2366a(b)(6) of this title'' and inserting ``subsection (b)(6)''.
(45) Section 2368(f)(1) is amended by striking ``transition''
and inserting ``transaction''.
(46) Section 2371b(d)(1)(C) is amended by striking ``other
than'' after ``sources''.
(47) Section 2380B is amended--
(A) by inserting ``section'' before ``2376(1) of this
title''; and
(B) by striking ``purposed of'' and inserting ``purposes
of''.
(48) Section 2401(e)(2) is amended by striking ``subsection
(f)'' and inserting ``subsection (g)''.
(49) The item relating to section 2439 in the table of sections
at the beginning of chapter 144 is amended to read as follows:
``2439. Negotiation of price for technical data before development,
production, or sustainment of major weapon systems.''.
(50) The item relating to subchapter II in the table of
subchapters for chapter 144B is amended to read as follows:
``II. Development, Prototyping, and Deployment of Weapon System
Components or Technology........................................2447a''.
(51) Section 2447a(a) is amended by striking ``after fiscal
year 2017''.
(52) Section 2547(b)(2) is amended--
(A) by striking ``material'' and inserting ``materiel'';
and
(B) by striking ``Material'' both places it appears and
inserting ``Materiel''.
(53) Section 2802(e)(1) is amended by striking ``shall comply
with'' and inserting ``shall--
``(A) comply with''.
(54) Section 2804(b) is amended, in the second sentence--
(A) by striking ``(1)'' and ``(2)''; and
(B) by striking ``project and'' and inserting ``project,''.
(55) Section 2805(d)(1)(B) is amended by inserting ``under''
after ``made available''.
(56) Section 2835a(c) is amended by striking ``(1) The
Secretary'' and inserting ``The Secretary''.
(57) Section 2879(a)(2)(A) is amended by striking the comma
after ``2017''.
(58) Section 2913(c) is amended by striking ``government a gas
or electric utility'' and inserting ``government gas or electric
utility''.
(59) The item relating to section 2914 in the table of sections
at the beginning of chapter 173 is amended to read as follows:
``2914. Energy resilience and conservation construction projects.''.
(60)(A) The heading of section 8749, as amended by section
1114(b)(2) and redesignated by section 807(d)(6) of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232), is amended by capitalizing the initial letter
of the fifth, sixth, and seventh words and the initial letter of
the last two words.
(B) The heading of section 8749a, as added by section 1114(a)
and redesignated by section 8(d)(6) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232), is amended by capitalizing the initial letter of the fifth,
sixth, and seventh words.
(61) Section 9069(a) is amended by striking ``are'' and
inserting ``is''.
(62) Section 10217(e)(4) is amended by striking ``shall an
individual'' and inserting ``shall be an individual''.
(63) The item relating to section 2568a in the table of
sections at the beginning of chapter 152 is amended to read as
follows:
``2568a. Damaged personal protective equipment: award to members
separating from the armed forces and veterans.''.
(64) Section 7016(b)(5)(A) is amended by striking ``Assistant
Secretary of the Army for Acquisition, Technology, and Logistics''
and inserting ``Assistant Secretary of the Army for Acquisition,
Logistics, and Technology''.
(b) NDAA for Fiscal Year 2019.--Effective as of August 13, 2018,
and as if included therein as enacted, the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232) is
amended as follows:
(1) Section 331(g)(2) (132 Stat. 1724) is amended by inserting
``of such title'' after ``chapter 2''.
(2) Section 844(b) (132 Stat. 1881) is amended by striking
``This section and the amendments made by this section'' and
inserting ``The amendment made by subsection (a)''.
(3) Section 1246(1)(B) (132 Stat. 2049) is amended by adding at
the end before the semicolon the following: ``and transferring it
to appear after paragraph (15)''.
(4) Section 2805(c) (132 Stat. 2262; 10 U.S.C. 2864 note) is
amended by striking ``United Facilities Criteria'' and inserting
``Unified Facilities Criteria''.
(c) NDAA for Fiscal Year 2018.--Effective as of December 12, 2017,
and as if included therein as enacted, section 1609(b)(3) of the
National Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 131 Stat. 1728; 10 U.S.C. 2273 note) is amended by striking ``,
and,'' and inserting ``, and''.
(d) NDAA for Fiscal Year 2017.--Effective as of December 23, 2016,
and as if included therein as enacted, section 233(c)(2)(C)(ii) of the
National Defense Authorization Act for Fiscal Year 2018 (Public Law
114-328; 130 Stat. 2061; 10 U.S.C. 2358 note) is amended by striking
``Assistant Secretary of the Army for Acquisition, Technology, and
Logistics'' and inserting ``Assistant Secretary of the Army for
Acquisition, Logistics, and Technology''.
(e) NDAA for Fiscal Year 2012.--Effective as of December 31, 2011,
and as if included therein as enacted, section 315 of the National
Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125
Stat. 1358; 10 U.S.C. 2911 note) is amended by redesignating
subsections (d), (e), and (f) as subsections (c), (d), and (e),
respectively.
(f) Coordination With Other Amendments Made by This Act.--For
purposes of applying amendments made by provisions of this Act other
than this section, the amendments made by this section shall be treated
as having been enacted immediately before any such amendments by other
provisions of this Act.
SEC. 1732. ESTABLISHMENT OF LEAD INSPECTOR GENERAL FOR AN OVERSEAS
CONTINGENCY OPERATION BASED ON SECRETARY OF DEFENSE NOTIFICATION.
(a) Notification on Commencement of OCO.--Section 113 of title 10,
United States Code, is amended by adding at the end the following new
subsection:
``(n) Notification of Certain Overseas Contingency Operations for
Purposes of Inspector General Act of 1978.--The Secretary of Defense
shall provide the Chair of the Council of Inspectors General on
Integrity and Efficiency written notification of the commencement or
designation of a military operation as an overseas contingency
operation upon the earlier of--
``(1) a determination by the Secretary that the overseas
contingency operation is expected to exceed 60 days; or
``(2) the date on which the overseas contingency operation
exceeds 60 days.''.
(b) Establishment of Lead Inspector General Based on
Notification.--Section 8L of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(1) in subsection (a)--
(A) by striking ``Upon the commencement'' and all that
follows through ``the Chair'' and inserting ``The Chair''; and
(B) by inserting before the period at the end the
following: ``upon the earlier of--
``(1) the commencement or designation of a military operation
as an overseas contingency operation that exceeds 60 days; or
``(2) receipt of a notification under section 113(n) of title
10, United States Code, with respect to an overseas contingency
operation''; and
(2) in subsection (d)(1), by striking ``the commencement or
designation of the military operation concerned as an overseas
contingency operation that exceeds 60 days'' and inserting ``the
earlier of--
``(A) the commencement or designation of the military
operation concerned as an overseas contingency operation that
exceeds 60 days; or
``(B) receipt of a notification under section 113(n) of
title 10, United States Code, with respect to an overseas
contingency operation''.
SEC. 1733. CLARIFICATION OF AUTHORITY OF INSPECTORS GENERAL FOR
OVERSEAS CONTINGENCY OPERATIONS.
Section 8L(d)(2) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended--
(1) in subparagraph (D)--
(A) in clause (i), by striking ``to exercise'' and all that
follows through ``such matter'' and inserting ``to identify and
coordinate with the Inspector General who has principal
jurisdiction over the matter to ensure effective oversight'';
and
(B) by adding at the end the following:
``(iii)(I) Upon written request by the Inspector General
with principal jurisdiction over a matter with respect to the
contingency operation, and with the approval of the lead
Inspector General, an Inspector General specified in subsection
(c) may provide investigative support or conduct an independent
investigation of an allegation of criminal activity by any
United States personnel, contractor, subcontractor, grantee, or
vendor in the applicable theater of operations.
``(II) In the case of a determination by the lead Inspector
General that no Inspector General has principal jurisdiction
over a matter with respect to the contingency operation, the
lead Inspector General may--
``(aa) conduct an independent investigation of an
allegation described in subclause (I); or
``(bb) request that an Inspector General specified in
subsection (c) conduct such investigation.''; and
(2) by adding at the end the following:
``(I) To enhance cooperation among Inspectors General and
encourage comprehensive oversight of the contingency operation,
any Inspector General responsible for conducting oversight of
any program or operation performed in support of the
contingency operation may, to the maximum extent practicable
and consistent with the duties, responsibilities, policies, and
procedures of such Inspector General--
``(i) coordinate such oversight activities with the
lead Inspector General; and
``(ii) provide information requested by the lead
Inspector General relating to the responsibilities of the
lead Inspector General described in subparagraphs (B), (C),
and (G).''.
SEC. 1734. EMPLOYMENT STATUS OF ANNUITANTS FOR INSPECTORS GENERAL FOR
OVERSEAS CONTINGENCY OPERATIONS.
Section 8L(d) of the Inspector General Act of 1978 (5 U.S.C. App.)
is amended--
(1) in paragraph (2)(E), by inserting ``(without regard to
subsection (b)(2) of such section)'' after ``United States Code,'';
(2) in paragraph (3), by amending subparagraph (C) to read as
follows:
``(C)(i) An annuitant receiving an annuity under the Foreign
Service Retirement and Disability System or the Foreign Service
Pension System under chapter 8 of title I of the Foreign Service
Act of 1980 (22 U.S.C. 4041 et seq.) who is reemployed under this
subsection--
``(I) shall continue to receive the annuity; and
``(II) shall not be considered a participant for purposes
of chapter 8 of title I of the Foreign Service Act of 1980 (22
U.S.C. 4041 et seq.) or an employee for purposes of subchapter
III of chapter 83 or chapter 84 of title 5, United States Code.
``(ii) An annuitant described in clause (i) may elect in
writing for the reemployment of the annuitant under this subsection
to be subject to section 824 of the Foreign Service Act of 1980 (22
U.S.C. 4064). A reemployed annuitant shall make an election under
this clause not later than 90 days after the date of the
reemployment of the annuitant.''; and
(3) by adding at the end the following:
``(5)(A) A person employed by a lead Inspector General for an
overseas contingency operation under this section shall acquire
competitive status for appointment to any position in the competitive
service for which the employee possesses the required qualifications
upon the completion of 2 years of continuous service as an employee
under this section.
``(B) No person who is first employed as described in subparagraph
(A) more than 2 years after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2020 may acquire competitive
status under subparagraph (A).''.
SEC. 1735. EXTENSION OF NATIONAL SECURITY COMMISSION ON ARTIFICIAL
INTELLIGENCE.
(a) Extension.--Subsection (e) of section 1051 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 132 Stat. 1962) is amended by striking ``October 1, 2020''
and inserting ``October 1, 2021''.
(b) Authority to Accept Gifts.--Subsection (a) of such section is
amended by adding at the end the following new paragraph:
``(8) Authority to accept gifts.--The Commission may accept,
use, and dispose of gifts or donations of services, goods, and
property from non-Federal entities for the purposes of aiding and
facilitating the work of the Commission. The authority in this
paragraph does not extend to gifts of money.''.
(c) Reports.--Subsection (c) of such section is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (1) the following new
paragraphs:
``(2) Interim reports.--Not later than each of December 1,
2019, and December 1, 2020, the Commission shall submit as
described in that paragraph an interim report on the review
required under subsection (b).
``(3) Final report.--Not later than March 1, 2021, the
Commission shall submit as described in paragraph (1) a
comprehensive final report on the review required under subsection
(b).''.
SEC. 1736. EXEMPTION FROM CALCULATION OF MONTHLY INCOME, FOR PURPOSES
OF BANKRUPTCY LAWS, OF CERTAIN PAYMENTS FROM THE DEPARTMENT OF VETERANS
AFFAIRS AND THE DEPARTMENT OF DEFENSE.
Section 101(10A) of title 11, United States Code, is amended by
striking subparagraph (B) and inserting the following:
``(B)(i) includes any amount paid by any entity other than
the debtor (or in a joint case the debtor and the debtor's
spouse), on a regular basis for the household expenses of the
debtor or the debtor's dependents (and, in a joint case, the
debtor's spouse if not otherwise a dependent); and
``(ii) excludes--
``(I) benefits received under the Social Security Act
(42 U.S.C. 301 et seq.);
``(II) payments to victims of war crimes or crimes
against humanity on account of their status as victims of
such crimes;
``(III) payments to victims of international terrorism
or domestic terrorism, as those terms are defined in
section 2331 of title 18, on account of their status as
victims of such terrorism; and
``(IV) any monthly compensation, pension, pay, annuity,
or allowance paid under title 10, 37, or 38 in connection
with a disability, combat-related injury or disability, or
death of a member of the uniformed services, except that
any retired pay excluded under this subclause shall include
retired pay paid under chapter 61 of title 10 only to the
extent that such retired pay exceeds the amount of retired
pay to which the debtor would otherwise be entitled if
retired under any provision of title 10 other than chapter
61 of that title.''.
SEC. 1737. EXTENSION OF POSTAGE STAMP FOR BREAST CANCER RESEARCH.
Section 414(h) of title 39, United States Code, is amended by
striking ``2019'' and inserting ``2027''.
SEC. 1738. NATIONAL COMMISSION ON MILITARY AVIATION SAFETY.
(a) Extension of Deadline for Report.--Subsection (h)(2) of section
1087 of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232) is amended by striking ``March 1,
2020'' and inserting ``December 1, 2020''.
(b) Secretary of Defense Report.--Such section is further amended
by adding at the end the following new subsection:
``(m) Report to Congress.--Not later than 120 days after the date
of the submittal of the report under subsection (h)(2), the Secretary
of Defense, in coordination with the Secretary of each of the military
departments, shall submit to the Committees on Armed Services of the
Senate and House of Representatives a report that includes each of the
following:
``(1) An assessment of the findings and conclusions of the
Commission.
``(2) The plan of the Secretaries for implementing the
recommendations of the Commission.
``(3) Any other actions taken or planned by the Secretary of
Defense or the Secretary of any of the military departments to
improve military aviation safety.''.
(c) Authorization of Appropriations.--In addition to any other
amounts authorized to be appropriated for the National Commission on
Military Aviation Safety established under section 1087 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232), of the amounts authorized to be appropriated for
Operation and Maintenance, Defense-wide for fiscal year 2020, as
specified in the funding table in section 4301, $3,000,000 shall be
available for the National Commission on Aviation Safety.
SEC. 1739. GUARANTEE OF RESIDENCY FOR SPOUSES OF MEMBERS OF THE
UNIFORMED SERVICES.
(a) 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 SPOUSES OF SERVICEMEMBERS.
``For the purposes of establishing the residency of a spouse of a
servicemember for any purpose (including the registration of a
business), 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.''.
(b) 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 spouses of servicemembers.''.
SEC. 1740. ELECTROMAGNETIC PULSES AND GEOMAGNETIC DISTURBANCES.
(a) EMP and GMD Mitigation Research and Development.--
(1) Threat assessment, response, and recovery.--Section 320 of
the Homeland Security Act of 2002 (6 U.S.C. 195f) is amended--
(A) in the section heading, by inserting ``and threat
assessment, response, and recovery'' after ``development''; and
(B) by adding at the end the following:
``(d) Threat Assessment, Response, and Recovery.--
``(1) Roles and responsibilities.--
``(A) Distribution of information.--
``(i) In general.--Beginning not later than June 19,
2020, the Secretary shall provide timely distribution of
information on EMPs and GMDs to Federal, State, and local
governments, owners and operators of critical
infrastructure, and other persons determined appropriate by
the Secretary.
``(ii) Briefing.--The Secretary shall brief the
appropriate congressional committees on the effectiveness
of the distribution of information under clause (i).
``(B) Response and recovery.--
``(i) In general.--The Administrator of the Federal
Emergency Management Agency shall--
``(I) coordinate the response to and recovery from
the effects of EMPs and GMDs on critical
infrastructure, in coordination with the heads of
appropriate Sector-Specific Agencies, and on matters
related to the bulk power system, in consultation with
the Secretary of Energy and the Federal Energy
Regulatory Commission; and
``(II) to the extent practicable, incorporate
events that include EMPs and extreme GMDs as a factor
in preparedness scenarios and exercises.
``(ii) Implementation.--The Administrator of the
Federal Emergency Management Agency, in coordination with
the Director of the Cybersecurity and Infrastructure
Security Agency, and on matters related to the bulk power
system, the Secretary of Energy and the Federal Energy
Regulatory Commission, shall--
``(I) not later than June 19, 2020, develop plans
and procedures to coordinate the response to and
recovery from EMP and GMD events; and
``(II) not later than December 21, 2020, conduct a
national exercise to test the preparedness and response
of the Nation to the effect of an EMP or extreme GMD
event.
``(C) Research and development.--
``(i) In general.--The Secretary, in coordination with
the heads of relevant Sector-Specific Agencies, shall--
``(I) without duplication of existing or ongoing
efforts, conduct research and development to better
understand and more effectively model the effects of
EMPs and GMDs on critical infrastructure (which shall
not include any system or infrastructure of the
Department of Defense or any system or infrastructure
of the Department of Energy associated with nuclear
weapons activities); and
``(II) develop technologies to enhance the
resilience of and better protect critical
infrastructure.
``(ii) Plan.--Not later than March 26, 2020, and in
coordination with the heads of relevant Sector-Specific
Agencies, the Secretary shall submit to the appropriate
congressional committees a research and development action
plan to rapidly address modeling shortfall and technology
development.
``(D) Emergency information system.--
``(i) In general.--The Administrator of the Federal
Emergency Management Agency, in coordination with relevant
stakeholders, shall maintain a network of systems, such as
the alerting capabilities of the integrated public alert
and warning system authorized under section 526, that are
capable of providing appropriate emergency information to
the public before (if possible), during, and in the
aftermath of an EMP or GMD.
``(ii) Briefing.--Not later than December 21, 2020, the
Administrator of the Federal Emergency Management Agency,
shall brief the appropriate congressional committees
regarding the maintenance of systems, including the
alerting capabilities of the integrated public alert and
warning system authorized under section 526.
``(E) Quadrennial risk assessments.--
``(i) In general.--The Secretary, in coordination with
the Secretary of Defense, the Secretary of Energy, and the
Secretary of Commerce, and informed by intelligence-based
threat assessments, shall conduct a quadrennial EMP and GMD
risk assessment.
``(ii) Briefings.--Not later than March 26, 2020, and
every four years thereafter until 2032, the Secretary, the
Secretary of Defense, the Secretary of Energy, and the
Secretary of Commerce shall provide a briefing to the
appropriate congressional committees regarding the
quadrennial EMP and GMD risk assessment.
``(iii) Enhancing resilience.--The Secretary, in
coordination with the Secretary of Defense, the Secretary
of Energy, the Secretary of Commerce, and the heads of
other relevant Sector-Specific Agencies, shall use the
results of the quadrennial EMP and GMD risk assessments to
better understand and to improve resilience to the effects
of EMPs and GMDs across all critical infrastructure
sectors, including coordinating the prioritization of
critical infrastructure at greatest risk to the effects of
EMPs and GMDs.
``(2) Coordination.--
``(A) Report on technological options.--Not later than
December 21, 2020, and every four years thereafter until 2032,
the Secretary, in coordination with the Secretary of Defense,
the Secretary of Energy, the heads of other appropriate
agencies, and, as appropriate, private-sector partners, shall
submit to the appropriate congressional committees, a report
that--
``(i) assesses the technological options available to
improve the resilience of critical infrastructure to the
effects of EMPs and GMDs; and
``(ii) identifies gaps in available technologies and
opportunities for technological developments to inform
research and development activities.
``(B) Test data.--
``(i) In general.--Not later than December 20, 2020,
the Secretary, in coordination with the heads of Sector-
Specific Agencies, the Secretary of Defense, and the
Secretary of Energy, shall--
``(I) review test data regarding the effects of
EMPs and GMDs on critical infrastructure systems,
networks, and assets representative of those throughout
the Nation; and
``(II) identify any gaps in the test data.
``(ii) Plan.--Not later than 180 days after identifying
gaps in test data under clause (i), the Secretary, in
coordination with the heads of Sector-Specific Agencies and
in consultation with the Secretary of Defense and the
Secretary of Energy, shall use the sector partnership
structure identified in the National Infrastructure
Protection Plan to develop an integrated cross-sector plan
to address the identified gaps.
``(iii) Implementation.--The heads of each agency
identified in the plan developed under clause (ii) shall
implement the plan in collaboration with the voluntary
efforts of the private sector, as appropriate.
``(3) Definitions.--In this subsection:
``(A) The term `appropriate congressional committees'
means--
``(i) the Committee on Homeland Security and
Governmental Affairs, the Committee on Armed Services, the
Committee on Energy and Natural Resources, and the
Committee on Commerce, Science, and Transportation of the
Senate; and
``(ii) the Committee on Transportation and
Infrastructure, the Committee on Homeland Security, the
Committee on Armed Services, the Committee on Energy and
Commerce, and the Committee on Science, Space and
Technology of the House of Representatives.
``(B) The terms `prepare' and `preparedness' mean the
actions taken to plan, organize, equip, train, and exercise to
build and sustain the capabilities necessary to prevent,
protect against, mitigate the effects of, respond to, and
recover from those threats that pose the greatest risk to the
security of the homeland, including the prediction and
notification of impending EMPs and GMDs.
``(C) The term `Sector-Specific Agency' has the meaning
given that term in section 2201.
``(e) Rule of Construction.--Nothing in this section may be
construe--
``(1) to affect in any manner the authority of the executive
branch to implement Executive Order 13865, dated March 26, 2019,
and entitled `Coordinating National Resilience to Electromagnetic
Pulses', or any other authority existing on the day before the date
of enactment of this subsection of any other component of the
Department or any other Federal department or agency, including the
authority provided to the Sector-Specific Agency specified in
section 61003(c) of division F of the Fixing America's Surface
Transportation Act (6 U.S.C. 121 note), including the authority
under section 215 of the Federal Power Act (16 U.S.C. 824o), and
including the authority of independent agencies to be independent;
or
``(2) as diminishing or transferring any authorities vested in
the Administrator of the Federal Emergency Management Agency or in
the Agency prior to the date of the enactment of this
subsection.''.
(2) Technical and conforming amendment.--The table of sections
in section 1(b) of the Homeland Security Act of 2002 is amended by
striking the item relating to section 320 and inserting the
following:
``Sec. 320. EMP and GMD mitigation research and development and threat
assessment, response, and recovery.''.
(b) Consultation With Secretary of Energy in Preparation of
Quadrennial Homeland Security Review.--Section 707 of the Homeland
Security Act of 2002 (6 U.S.C. 347) is amended--
(1) in subsection (a)(3)(A), by inserting ``the Secretary of
Energy,'' after ``the Secretary of Agriculture''; and
(2) in subsection (c)(2)(B), by inserting after review the
following ``or for purposes of the quadrennial EMP and GMD risk
assessment under section 320(d)(1)(E)''.
(c) National Essential Functions.--
(1) Updated operational plans.--Not later than March 20, 2020,
each agency that supports a national essential function shall
prepare updated operational plans documenting the procedures and
responsibilities of the agency relating to preparing for,
protecting against, and mitigating the effects of EMPs and GMDs.
(2) Definition of national essential function.--In this
subsection, the term ``national essential functions'' means the
overarching responsibilities of the Federal Government to lead and
sustain the Nation before, during, and in the aftermath of a
catastrophic emergency, such as an EMP or GMD that adversely
affects the performance of the Federal Government.
(d) Benchmarks.--Not later than March 26, 2020, and as appropriate
thereafter, the Secretary of Energy, in consultation with the Secretary
of Defense, the Secretary of Homeland Security, and, as appropriate,
the private sector, may develop or update, as necessary, quantitative
and voluntary benchmarks that sufficiently describe the physical
characteristics of EMPs, including waveform and intensity, in a form
that is useful to and can be shared with owners and operators of
critical infrastructure. Nothing in this subsection shall affect the
authority of the Electric Reliability Organization to develop and
enforce, or the authority of the Federal Energy Regulatory Commission
to approve, reliability standards.
(e) Pilot Test by DHS to Evaluate Engineering Approaches.--
(1) In general.--Not later than September 22, 2020, the
Secretary of Homeland Security, acting through the Under Secretary
for Science and Technology of the Department of Homeland Security,
in coordination with the Director of the Cybersecurity and
Infrastructure Security Agency and the Administrator of the Federal
Emergency Management Agency, the Secretary of Defense, and the
Secretary of Energy, and in consultation with the private sector,
as appropriate, shall develop and implement a pilot test to
evaluate available engineering approaches for mitigating the
effects of EMPs and GMDs on the most vulnerable critical
infrastructure systems, networks, and assets.
(2) Briefing.--Not later than 90 days after the date on which
the pilot test described in paragraph (1) is completed, the
Secretary of Homeland Security, acting through the Under Secretary
for Science and Technology of the Department of Homeland Security,
in coordination with the Director of the Cybersecurity and
Infrastructure Security Agency and the Administrator of the Federal
Emergency Management Agency, the Secretary of Defense, and the
Secretary of Energy, shall jointly brief the appropriate
congressional committees on the cost and effectiveness of the
evaluated approaches.
(f) Pilot Test by DOD to Evaluate Engineering Approaches.--
(1) In general.--Not later than September 22, 2020, the
Secretary of Defense, in consultation with the Secretary of
Homeland Security and the Secretary of Energy, shall conduct a
pilot test to evaluate engineering approaches for hardening a
strategic military installation, including infrastructure that is
critical to supporting that installation, against the effects of
EMPs and GMDs.
(2) Report.--Not later than 180 days after completing the pilot
test described in paragraph (1), the Secretary of Defense shall
submit to the appropriate congressional committees a report
regarding the cost and effectiveness of the evaluated approaches.
(g) Communications Operational Plans.--Not later than December 21,
2020, the Secretary of Homeland Security, after holding a series of
joint meetings with the Administrator of the Federal Emergency
Management Agency, the Director of the Cybersecurity and Infrastructure
Security Agency, the Secretary of Defense, the Under Secretary of
Commerce for Standards and Technology, the Assistant Secretary of
Commerce for Communications and Information, the Federal Communications
Commission, and the Secretary of Transportation, shall submit to the
appropriate congressional committees a report--
(1) assessing the effects of EMPs and GMDs on critical
communications infrastructure; and
(2) recommending any necessary changes to operational plans to
enhance national response and recovery efforts after an EMP or GMD.
(h) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' has the
meaning given that term in subsection (d) of section 320 of the
Homeland Security Act of 2002, as added by subsection (a) of this
section; and
(2) The terms ``critical infrastructure'', ``EMP'', and ``GMD''
have the meanings given such terms in section 2 of the Homeland
Security Act of 2002 (6 U.S.C. 101).
SEC. 1741. IMPROVEMENTS TO MANUFACTURING USA PROGRAM.
(a) In General.--Section 34 of the National Institute of Standards
and Technology Act (15 U.S.C. 278s) is amended to read as follows:
``SEC. 34. MANUFACTURING USA.
``(a) Definitions.--In this section:
``(1) Agency head.--The term `agency head' means the head of
any Executive agency (as defined in section 105 of title 5, United
States Code), other than the Department of Defense.
``(2) Regional innovation initiative.--The term `regional
innovation initiative' has the meaning given such term in section
27(f)(1) of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3722(f)(1)).
``(b) Establishment of Manufacturing USA Program.--
``(1) In general.--The Secretary shall establish within the
Institute a program to be known as the `Manufacturing United States
of America Program' or the `Manufacturing USA Program' (referred to
in this section as the `Program').
``(2) Purposes of program.--The purposes of the Program are--
``(A) to improve the competitiveness of United States
manufacturing and to increase the production of goods
manufactured predominantly within the United States;
``(B) to stimulate United States leadership in advanced
manufacturing research, innovation, and technology;
``(C) to facilitate the transition of innovative
technologies into scalable, cost-effective, and high-performing
manufacturing capabilities;
``(D) to facilitate access by manufacturing enterprises to
capital-intensive infrastructure, including high-performance
electronics and computing, and the supply chains that enable
these technologies;
``(E) to accelerate the development of an advanced
manufacturing workforce;
``(F) to facilitate peer exchange of and the documentation
of best practices in addressing advanced manufacturing
challenges;
``(G) to leverage non-Federal sources of support to promote
a stable and sustainable business model without the need for
long-term Federal funding;
``(H) to create and preserve jobs; and
``(I) to contribute to the development of regional
innovation initiatives across the United States.
``(3) Support.--The Secretary, acting through the Director,
shall carry out the purposes set forth in paragraph (2) by
supporting--
``(A) the Manufacturing USA Network established under
subsection (b); and
``(B) the establishment of Manufacturing USA institutes.
``(4) Director.--The Secretary shall carry out the Program
through the Director.
``(c) Establishment of Manufacturing USA Network.--
``(1) In general.--As part of the Program, the Secretary shall
establish a network of Manufacturing USA institutes.
``(2) Designation.--The network established under paragraph (1)
shall be known as the `Manufacturing United States of America
Network' or the `Manufacturing USA Network' (referred to in this
section as the `Network').
``(d) Manufacturing USA Institutes.--
``(1) In general.--For purposes of this section, a
Manufacturing USA institute is an institute that--
``(A) has been established by a person or group of persons
to address challenges in advanced manufacturing and to assist
manufacturers in retaining or expanding industrial production
and jobs in the United States;
``(B) has a predominant focus on a manufacturing process,
novel material, enabling technology, supply chain integration
methodology, or another relevant aspect of advanced
manufacturing, such as nanotechnology applications, advanced
ceramics, photonics and optics, composites, biobased and
advanced materials, flexible hybrid technologies, tool
development for microelectronics, food manufacturing,
superconductors, advanced battery technologies, robotics,
advanced sensors, quantum information science, supply chain
water optimization, aeronautics and advanced materials, and
graphene and graphene commercialization;
``(C) has the potential--
``(i) to improve the competitiveness of United States
manufacturing, including key advanced manufacturing
technologies such as nanotechnology, advanced ceramics,
photonics and optics, composites, biobased and advanced
materials, flexible hybrid technologies, tool development
for microelectronics, food manufacturing, superconductors,
advanced battery technologies, robotics, advanced sensors,
quantum information science, supply chain water
optimization, aeronautics and advanced materials, and
graphene and graphene commercialization;
``(ii) to accelerate non-Federal investment in advanced
manufacturing production capacity in the United States; or
``(iii) to enable the commercial application of new
technologies or industry-wide manufacturing processes; and
``(D) includes active participation among representatives
from multiple industrial entities, research universities,
community colleges, and other entities as appropriate, which
may include industry-led consortia, career and technical
education schools, Federal laboratories, State, local, and
Tribal governments, businesses, educational institutions, and
nonprofit organizations.
``(2) Activities.--
``(A) Required activities.--For purposes of this section, a
Manufacturing USA institute is also an institute that carries
out the following:
``(i) Research, development, and demonstration
projects, including proof-of-concept development and
prototyping, to reduce the cost, time, or risk of
commercializing new technologies and improvements in
existing technologies, processes, products, and research
and development of materials to solve precompetitive
industrial problems with economic or national security
implications.
``(ii) Development and implementation of education,
training, and workforce recruitment courses, materials, and
programs addressing workforce needs through training and
education programs at all appropriate education levels,
including programs on applied engineering.
``(iii) Development of innovative methodologies and
practices for supply chain integration and introduction of
new technologies into supply chains, as appropriate.
``(iv) Outreach and engagement with small and medium-
sized manufacturing enterprises, including women, minority,
and veteran owned manufacturing enterprises, in addition to
large manufacturing enterprises.
``(v) Development of roadmaps or leveraging of existing
roadmaps with respect to technology areas being pursued by
that Manufacturing USA institute that take into account the
research and development undertaken at other Manufacturing
USA institutes and Federal agencies with respect to such
areas.
``(B) Permissible activities.--In addition to the
activities set forth under subparagraph (A), a Manufacturing
USA institute may carry out such other activities as may be
consistent with the purposes set forth under subsection (b)(2).
``(3) Additional manufacturing usa institutes.--
``(A) In general.--Except as provided in subparagraph (C),
the National Additive Manufacturing Innovation Institute and
other manufacturing institutes formally recognized as
Manufacturing USA institutes pursuant to Federal law or
executive actions, or under pending interagency review for such
recognition as of December 16, 2014, shall be considered
Manufacturing USA institutes for purposes of this section.
``(B) Network participation.--Except as provided in
subparagraph (C), an institute that is substantially similar to
an institute described by paragraphs (1) and (2) but does not
meet every element of such description and does not receive
financial assistance under subsection (e) may, upon request of
the institute, be recognized as a Manufacturing USA institute
by the Secretary for purposes of participation in the Network.
``(C) Applicability.--Effective beginning on the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2020, an institute shall be treated as a
Manufacturing USA institute under this section and subject to
subsections (b)(2), (d), and (e) in the same manner and to the
same extent as such provisions apply to a Manufacturing USA
institute described by paragraphs (1) and (2) if such
institute--
``(i)(I) is, as of such date of enactment, considered a
Manufacturing USA institute under subparagraph (A) or
recognized as a Manufacturing USA institute under
subparagraph (B); and
``(II) as of such date of enactment, receives Federal
financial assistance under subsection (e) or otherwise
consistent with the purposes of this section;
``(ii) is under pending agency review for such
recognition as of such date of enactment; or
``(iii) is currently funded by the Department of
Energy.
``(e) Financial Assistance to Establish and Support Manufacturing
USA Institutes.--
``(1) Financial assistance authorized.--Under the Program, the
Secretary and the Secretary of Energy shall, and every other agency
head may, award financial assistance to a person or group of
persons to assist the person or group of persons in planning,
establishing, or supporting a Manufacturing USA institute.
``(2) Period and renewal of awards.--
``(A) Initial periods.--An award of financial assistance
under paragraph (1) shall be awarded for an initial period of
not less than 5 years and not more than 7 years.
``(B) Renewal of awards.--
``(i) Renewal authorized.--An award of financial
assistance under paragraph (1) may be renewed for
additional periods, with each period not to exceed the
duration of the initial period of the award, subject to a
rigorous merit review.
``(ii) Consideration of performance standards.--In
carrying out a rigorous merit review under clause (i) for
renewal of an award under such clause for a Manufacturing
USA institute, an agency head shall consider the extent to
which the institute has made progress in meeting the
standards of performance established pursuant to paragraph
(5)(C).
``(iii) Initial failure to meet performance
standards.--If, pursuant to a rigorous merit review under
clause (i) for renewal of an award under such clause for a
Manufacturing USA institute, an agency head finds that the
institute does not meet the standards for performance
established pursuant to paragraph (5)(C), the agency head
shall--
``(I) notify the institute of any deficiencies in
the performance of the institute; and
``(II) provide the institute one year to remedy
such deficiencies.
``(iv) Further failure to meet performance standards.--
If a Manufacturing USA institute fails to remedy a
deficiency identified or to show significant improvement in
performance during the 1-year period set forth under clause
(iii)(II)--
``(I) the institute shall not be eligible for
renewed award under clause (i); and
``(II) the agency head that conducted the review
for renewal shall notify the institute of such
ineligibility.
``(v) Continuation of existing manufacturing usa
institutes.--Not withstanding clauses (i) through (iv), a
Manufacturing USA institute already in existence or
undergoing a renewal process prior to December 1, 2019--
``(I) may continue to receive support for the
duration of the original funding award beginning on the
date of establishment of that institute; and
``(II) shall be eligible for renewal of that
funding pursuant to clause (i).
``(3) Application for financial assistance.--
``(A) In general.--A person or group of persons seeking
financial assistance under paragraph (1) shall submit to an
agency head an application therefor at such time, in such
manner, and containing such information as the agency head may
require.
``(B) Requirements.--An application submitted under
subparagraph (A) for an institute shall, at a minimum include
the following:
``(i) A description of the specific sources and amounts
of non-Federal financial support for the institute on the
date financial assistance is sought.
``(ii) A description of the anticipated sources and
amounts of non-Federal financial support during the period
for which the institute could be eligible for continued
Federal financial assistance under this section.
``(4) Selection.--
``(A) Competitive, merit review.--In awarding financial
assistance under paragraph (1), an agency head shall--
``(i) use a competitive, merit review process that
includes review by a diverse group of individuals with
relevant expertise from both the private and public
sectors; and
``(ii) ensure that the technology focus of a
Manufacturing USA institute does not substantially
duplicate the technology focus of any other Manufacturing
USA institute.
``(B) Participation in process.--
``(i) Prohibition on participation by political
appointees.--The review required by subparagraph (A)(i) may
not include a review by a group of individuals that
includes a political appointee.
``(ii) Conflict of interest policies.--Each agency head
shall implement a conflict of interest policy that--
``(I) ensures public transparency and
accountability in the process used under subparagraph
(A)(i); and
``(II) requires full disclosure of any real or
potential conflicts of interest on the parts of
individuals that participate in the process used under
subparagraph (A)(i).
``(iii) Definition of political appointee.--For
purposes of this subparagraph, the term `political
appointee' has the meaning given such term in section
714(h) of title 38, United States Code.
``(C) Considerations.--In selecting a person or group of
persons who submitted an application to an agency head under
paragraph (3) for an award of financial assistance under
paragraph (1) for a Manufacturing USA institute, the agency
head shall consider, at a minimum, the following:
``(i) The potential of the Manufacturing USA institute
to advance domestic manufacturing and the likelihood of
economic impact, including the creation or preservation of
jobs, in the predominant focus areas of the institute.
``(ii) The commitment of continued financial support,
advice, participation, and other contributions from non-
Federal sources, to provide leverage and resources to
promote a stable and sustainable business model.
``(iii) Whether the financial support provided to the
Manufacturing USA institute from non-Federal sources
exceeds the requested Federal financial assistance.
``(iv) How the Manufacturing USA institute will
increase the non-Federal investment in advanced
manufacturing research in the United States.
``(v) How the Manufacturing USA institute will engage
with small and medium-sized manufacturing enterprises to
improve the capacity of such enterprises to commercialize
new processes and technologies and to improve the domestic
supply chain.
``(vi) How the Manufacturing USA institute will carry
out educational and workforce activities that meet
industrial needs related to the predominant focus areas of
the institute.
``(vii) How the Manufacturing USA institute will
advance economic competitiveness and generate substantial
benefits to the Nation that extend beyond the direct return
to participants in the Program.
``(viii) Whether the predominant focus of the
Manufacturing USA institute is a manufacturing process,
novel material, enabling technology, supply chain
integration methodology, or other relevant aspect of
advanced manufacturing that has not already been
commercialized, marketed, distributed, or sold by another
entity.
``(ix) How the Manufacturing USA institute will
strengthen and leverage the industrial, research,
entrepreneurship, and other assets of a region.
``(x) How the Manufacturing USA institute will
encourage the education and training of veterans and
individuals with disabilities.
``(5) Performance measurement, transparency, and
accountability.--For each award of financial assistance under
paragraph (1) by an agency head, the agency head shall--
``(A) develop metrics to assess the effectiveness of the
activities funded in making progress toward the purposes of the
Program set forth under subsection (b)(2), including the
effectiveness of Manufacturing USA institutes in advancing
technology readiness levels or manufacturing readiness levels;
``(B) establish standards for the performance of
Manufacturing USA institutes that are based on the metrics
developed under subparagraph (A); and
``(C) for each Manufacturing USA institute supported by the
award, 5 years after the initial award and every 5 years
thereafter until Federal financial assistance under this
subsection is discontinued, conduct an assessment of the
institute to confirm whether the performance of the institute
is meeting the standards for performance established under
subparagraph (B).
``(6) Collaboration.--In awarding financial assistance under
paragraph (1), an agency head, in coordination with the National
Program Office, as the agency head considers appropriate, may
collaborate with Federal departments and agencies whose missions
contribute to or are affected by advanced manufacturing, including,
as the agency head considers appropriate, the Department of
Agriculture, the Department of Defense, the Department of
Education, the Department of Energy, the Department of Labor, the
Food and Drug Administration, the National Aeronautics and Space
Administration, the National Institutes of Health, and the National
Science Foundation.
``(7) Matching funds and preferences.--
``(A) In general.--Except as provided in subparagraph (B),
an agency head may not, with respect to a Manufacturing USA
institute, award financial assistance under paragraph (1) or
renew an award of financial assistance under paragraph (2)
unless the agency head determines that non-Federal funding
comprises 50 percent or more of the total amount of funding
made available for the operation and support of the institute.
``(B) Waivers.--An agency head awarding financial
assistance under paragraph (1) with respect to a Manufacturing
USA institute may waive the requirements of subparagraph (A) in
the case of satellite centers, large capital facilities,
equipment purchases, workforce development, or general
operations.
``(f) Grant Program for Public Service Activities for Manufacturing
USA Institutes Without Federal Funding.--The Secretary may award a
grant on a competitive basis to a Manufacturing USA institute that is
not receiving financial assistance under subsection (e) to carry out
workforce development, outreach to small- and medium-sized
manufacturers, and other activities that--
``(1) are determined by the Secretary to be in the national
interest; and
``(2) are unlikely to receive private sector financial support.
``(g) Authorization of Appropriations.--
``(1) NIST industrial technical services account.--To the
extent provided for in advance by appropriations Acts, the
Secretary may use amounts appropriated to the Industrial Technical
Services account to carry out this section as follows:
``(A) For each of the fiscal years 2015 through 2019, an
amount not to exceed $5,000,000.
``(B) For each of fiscal years 2020 through 2030, such
amounts as may be necessary to carry out this section.
``(2) Department of energy.--There are authorized to be
appropriated to the Secretary of Energy for the provision of
financial assistance under subsection (e) by the Department of
Energy amounts as follows:
``(A) $70,000,000 for each of fiscal years 2020, 2021, and
2022.
``(B) $84,000,000 for each of fiscal years 2023 and 2024.
``(h) National Program Office.--
``(1) Establishment.--The Secretary shall establish, within the
Institute, the National Office of the Manufacturing USA Network
(referred to in this section as the `National Program Office'),
which shall oversee and carry out the Program.
``(2) Functions.--The functions of the National Program Office
are--
``(A) to oversee the planning, management, and coordination
of the Program;
``(B) to coordinate with and, as appropriate, enter into
memorandums of understanding with Federal departments and
agencies whose missions contribute to or are affected by
advanced manufacturing, including the Department of
Agriculture, the Department of Defense, the Department of
Education, the Department of Energy, the Department of Labor,
the Food and Drug Administration, the National Aeronautics and
Space Administration, the National Institutes of Health, and
the National Science Foundation, to carry out the purposes set
forth under subsection (b)(2);
``(C) to develop, not later than December 16, 2015, and
update not less frequently than once every 3 years thereafter,
a strategic plan to guide the Program;
``(D) to establish such procedures, processes, and criteria
as may be necessary and appropriate to maximize cooperation and
coordinate the activities of the Program with programs and
activities of other Federal departments and agencies whose
missions contribute to or are affected by advanced
manufacturing;
``(E) to establish a clearinghouse of public information
related to the activities of the Program;
``(F) to act as a convener of the Network;
``(G) to work with Federal agencies that are not sponsoring
or supporting a Manufacturing USA institute to explore and
develop options for sponsoring or supporting a Manufacturing
USA institute;
``(H) to work with Federal agencies that are sponsoring or
supporting a Manufacturing USA institute to develop and
implement network-wide performance goals with measurable
targets and timelines;
``(I) to help develop pilot programs that may be
implemented by the Manufacturing USA institutes to address
specific purposes of the Program, including to accelerate
technology transfer to the private sector and to develop
entrepreneurship programs;
``(J) to provide support services to promote workforce
development activities;
``(K) to identify and disseminate best practices for
workforce education and training across the Network and further
enhance collaboration among Manufacturing USA institutes in
developing and implementing such practices;
``(L) to collaborate with the Department of Labor, the
Department of Education, industry, career and technical
education schools, local community colleges, universities, and
labor organizations to provide input, as appropriate, for the
development of national certifications for advanced
manufacturing workforce skills in the technology areas of the
Manufacturing USA institutes; and
``(M) to coordinate with Manufacturing USA institutes to
develop best practices for the membership agreements and
coordination of similar project solicitations.
``(3) Recommendations.--In developing and updating the
strategic plan under paragraph (2)(C), the Secretary shall solicit
recommendations and advice from a wide range of stakeholders,
including industry, small and medium-sized manufacturing
enterprises, research universities, community colleges, State,
Tribal, and local governments, and other relevant organizations and
institutions on an ongoing basis.
``(4) Report to congress.--Upon completion, the Secretary shall
transmit the strategic plan required under paragraph (2)(C) to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Science, Space, and Technology of the House of
Representatives.
``(5) Hollings manufacturing extension partnership.--
``(A) In general.--The Secretary shall ensure that the
National Program Office leverages the capabilities of the
Hollings Manufacturing Extension Partnership into Program
planning to ensure--
``(i) significant outreach to, participation of, and
engagement of small- and medium-sized manufacturers in
Manufacturing USA institutes across the entirety of the
manufacturing supply chain; and
``(ii) that the results of the Program, including
technologies developed by the Program, reach small- and
medium-sized manufacturers and that such entities have
access to technical assistance, as appropriate, in
deploying those technologies.
``(B) Liaisons.--The Secretary may provide financial
assistance to a manufacturing extension center established as
part of the Hollings Manufacturing Extension Partnership to
support the purposes of the Program by providing services in
one or more of the following areas:
``(i) Support services for small- and medium-sized
manufacturers, that many include the designation of a
liaison.
``(ii) Assistance with workforce development.
``(iii) Technology transfer for small and medium-sized
manufacturers.
``(iv) Such other areas as the Secretary determines
appropriate to support the purposes of the Program.
``(6) Detailees.--Any Federal Government employee may be
detailed to the National Program Office without reimbursement. Such
detail shall be without interruption or loss of civil service
status or privilege.
``(i) Reporting and Auditing.--
``(1) Annual reports to the secretary.--
``(A) In general.--Not less frequently than once each year,
each agency head that is providing financial assistance under
subsection (e) shall--
``(i) require each recipient of such financial
assistance submit to the agency head a report that
describes the finances and performance of the Manufacturing
USA institute with respect to which the financial
assistance is awarded; and
``(ii) submit to the Secretary each report received by
the agency head under clause (i).
``(B) Elements.--Each report submitted under subparagraph
(A) shall include:
``(i) an accounting of expenditures of amounts awarded
to the recipient under subsection (e); and
``(ii) consistent with the standards for performance
established under subsection (e)(5)(B), a description of
the performance of the Manufacturing USA institute with
respect to--
``(I) its goals, plans, financial support, and
accomplishments; and
``(II) how the Manufacturing USA institute has
furthered the purposes set forth under subsection
(b)(2).
``(2) Annual reports to congress.--
``(A) In general.--Not less frequently than once each year
until December 31, 2030, the Secretary shall submit a report to
Congress that describes the performance of the Program during
the most recent 1-year period.
``(B) Elements.--Each report submitted under subparagraph
(A) shall include, for the period covered by the report--
``(i) a summary and assessment of the reports received
by the Secretary under paragraph (1);
``(ii) an accounting of the funds expended by the
Secretary under the Program, including any waivers made
under subsection (e)(7)(B);
``(iii) an assessment of the participation in, and
contributions to, the Network by any Manufacturing USA
institutes not receiving financial assistance under
subsection (e); and
``(iv) an assessment of the Program with respect to
meeting the purposes set forth under subsection (b)(2).
``(3) Assessments by comptroller general of the united
states.--
``(A) Assessments.--Not less frequently than once every 3
years, the Comptroller General of the United States shall
submit to Congress an assessment of the operation of the
Program during the most recent 3-year period, including an
assessment of the progress made towards achieving the goals
specified in the national strategic plan for advanced
manufacturing required under section 102(b)(7) of the America
COMPETES Reauthorization Act of 2010 (42 U.S.C. 6622(b)(7)).
``(B) Elements.--Each assessment submitted under
subparagraph (A) shall include, for the period covered by the
report--
``(i) a review of the management, coordination, and
industry utility of the Program;
``(ii) an assessment of the extent to which the Program
has furthered the purposes set forth under subsection
(b)(2);
``(iii) such recommendations for legislative and
administrative action as the Comptroller General considers
appropriate to improve the Program; and
``(iv) an assessment as to whether any prior
recommendations for improvement made by the Comptroller
General have been implemented or adopted.
``(C) Final assessment.--No later than December 31, 2030,
the Comptroller General shall submit to Congress a final report
regarding the overall success of the Program.
``(j) Additional Authorities.--
``(1) Appointment of personnel and contracts.--The Secretary
may appoint such personnel and enter into such contracts, financial
assistance agreements, and other agreements as the Secretary
considers necessary or appropriate to carry out the Program,
including support for research and development activities involving
a Manufacturing USA institute.
``(2) Transfer of funds.--Of amounts available under the
authority provided by subsection (g), the Secretary may transfer to
other Federal agencies such sums as the Secretary considers
necessary or appropriate to carry out the Program. No funds so
transferred may be used to reimburse or otherwise pay for the costs
of financial assistance incurred or commitments of financial
assistance made prior to December 16, 2014.
``(3) Authority of other agencies.--In the event that the
Secretary exercises the authority to transfer funds to another
agency under paragraph (2), such agency may accept such funds to
award and administer, under the same conditions and constraints
applicable to the Secretary, all aspects of financial assistance
awards under this section.
``(4) Use of resources.--In furtherance of the purposes of the
Program, the Secretary may use, with the consent of a covered
entity and with or without reimbursement, the land, services,
equipment, personnel, and facilities of such covered entity.
``(5) Acceptance of resources.--In addition to amounts
appropriated to carry out the Program, the Secretary may accept
funds, services, equipment, personnel, and facilities from any
covered entity to carry out the Program, subject to the same
conditions and constraints otherwise applicable to the Secretary
under this section and such funds may only be obligated to the
extent provided for in advance by appropriations Acts.
``(6) Covered entities.--For purposes of this subsection, a
covered entity is any Federal department, Federal agency,
instrumentality of the United States, State, local government,
Tribal government, territory, or possession of the United States,
or of any political subdivision thereof, or international
organization, or any public or private entity or individual.
``(7) Collaborations with other agencies.--The Secretary shall
collaborate with Federal agencies whose missions contribute to, or
are affected by, advanced manufacturing to identify and leverage
existing resources at such Federal agencies to assist Manufacturing
USA institutes in carrying out the purposes of the Program set
forth under subsection (b)(2). Such existing resources may include
programs--
``(A) at the Department of Labor relating to labor and
apprenticeships;
``(B) at the Economic Development Administration relating
to regional innovation, such as the Regional Innovation
Strategies program;
``(C) at the Department of Education relating to workforce
development, education, training, and retraining;
``(D) at the Department of Defense relating to procurement
and other authorities of the Department of Defense;
``(E) at the Food and Drug Administration relating to
biopharmaceutical manufacturing;
``(F) at the National Science Foundation, including the
Advanced Technological Education program;
``(G) at the National Aeronautics and Space Administration
relating to procurement, workforce development, education,
training, and retraining;
``(H) at the Department of Energy relating to development
of clean energy technologies and other authorities of the
Department of Energy;
``(I) at the Department of Agriculture relating to outreach
to rural communities;
``(J) additional programs that the Secretary determines are
appropriate to support the activities of existing Manufacturing
USA institutes; and
``(K) additional programs that the Secretary determines are
appropriate to support the activities of existing Manufacturing
USA institutes.
``(k) Patents.--Chapter 18 of title 35, United States Code, shall
apply to any funding agreement (as defined in section 201 of that
title) awarded to new or existing Manufacturing USA institutes with
respect to which financial assistance is awarded under subsection (e).
``(l) References to Prior Names and Terminology.--Any reference in
law, regulation, map, document, paper, or other record of the United
States to the `Network for Manufacturing Innovation Program', the
`Network for Manufacturing Innovation', `National Office of the Network
for Manufacturing Innovation Program', or a `center for manufacturing
innovation' shall be considered to be a reference to the Manufacturing
USA Program, the Manufacturing USA Network, the National Office of the
Manufacturing USA Network, or a Manufacturing USA institute,
respectively.''.
(b) Expansion of Manufacturing USA Network.--Subject to the
availability of appropriations, the Secretary of Commerce shall take
such actions as may be necessary to increase the number of
Manufacturing USA institutes that participate in the Manufacturing USA
Network.
SEC. 1742. REGIONAL INNOVATION PROGRAM.
Section 27 of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3722) is amended to read as follows:
``SEC. 27. REGIONAL INNOVATION PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible recipient.--The term `eligible recipient'
means--
``(A) a State;
``(B) an Indian tribe;
``(C) a city or other political subdivision of a State;
``(D) an entity that--
``(i) is a nonprofit organization, an institution of
higher education, a public-private partnership, a science
or research park, a Federal laboratory, a venture
development organization, or an economic development
organization or similar entity that is focused primarily on
improving science, technology, innovation, or
entrepreneurship; and
``(ii) has an application submitted under subsection
(c)(4) that is supported by a State or a political
subdivision of a State; or
``(E) a consortium of any of the entities described in
subparagraphs (A) through (D).
``(2) Regional innovation initiative.--The term `regional
innovation initiative' means a geographically-bounded public or
nonprofit activity or program to address issues in the local
innovation systems in order to--
``(A) increase the success of innovation-driven industry;
``(B) strengthen the competitiveness of industry through
new product innovation and new technology adoption;
``(C) improve the pace of market readiness and overall
commercialization of innovative research;
``(D) enhance the overall innovation capacity and long-term
resilience of the region;
``(E) leverage the region's unique competitive strengths to
stimulate innovation; and
``(F) increase the number of full-time equivalent
employment opportunities within innovation-based business
ventures in the geographic region.
``(3) State.--The term `State' means one of the several States
of the United States, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, or any
other territory or possession of the United States.
``(4) Venture development organization.--The term `venture
development organization' means a State or nonprofit organization
that contributes to regional or sector-based economic prosperity by
providing services for the purposes of accelerating the
commercialization of research.
``(b) Establishment.--The Secretary shall establish a regional
innovation program to encourage and support the development of regional
innovation strategies designed to increase innovation-driven economic
opportunity within their respective regions.
``(c) Regional Innovation Grants.--
``(1) Authorization of grants.--As part of the program
established pursuant to subsection (b), the Secretary may award
grants, on a competitive basis, to eligible recipients for
activities designed to develop and support a regional innovation
initiative.
``(2) Permissible activities.--A grant awarded under this
subsection shall be used for multiple activities determined
appropriate by the Secretary, including--
``(A) planning, technical assistance, and communication
among participants of a regional innovation initiative to
improve the connectedness and strategic orientation of the
regional innovation initiative;
``(B) attracting additional participants to a regional
innovation initiative;
``(C) increasing the availability and investment of private
and philanthropic financing that supports innovation-based
business ventures; and
``(D) facilitating commercialization of products,
processes, and services, including through demonstration,
deployment, technology transfer, and entrepreneurial
activities.
``(3) Restricted activities.--Grants awarded under this
subsection may not be used to pay for--
``(A) costs related to the recruitment, inducement, or
associated financial or tangible incentives that might be
offered to relocate an existing business from a geographic area
to another geographic area; or
``(B) costs associated with offsetting revenues forgone by
1 or more taxing authorities through tax incentives, tax
increment financing, special improvement districts, tax
abatements for private development within designated zones or
geographic areas, or other reduction in revenues resulting from
tax credits affecting the geographic region of the eligible
recipients.
``(4) Applications.--
``(A) In general.--An eligible recipient shall submit an
application to the Secretary at such time, in such manner, and
containing such information and assurances as the Secretary may
require.
``(B) Components.--Each application submitted under
subparagraph (A) shall--
``(i) describe the regional innovation initiative;
``(ii) indicate whether the regional innovation
initiative is supported by the private sector, State and
local governments, and other relevant stakeholders;
``(iii) identify what activities the regional
innovation initiative will undertake;
``(iv) describe the expected outcomes of the regional
innovation initiative and the metrics the eligible
recipient will use to assess progress toward those
outcomes;
``(v) indicate whether the participants in the regional
innovation initiative have access to, or contribute to, a
well-trained workforce and other innovation assets that are
critical to the successful outcomes specified in the
application;
``(vi) indicate whether the participants in the
regional innovation initiative are capable of attracting
additional funds from non-Federal sources; and
``(vii) if appropriate for the activities proposed in
the application, analyze the likelihood that the
participants in the regional innovation initiative will be
able to sustain activities after grant funds received under
this subsection have been expended.
``(C) Feedback.--The Secretary shall provide feedback to
program applicants that are not awarded grants to help them
improve future applications.
``(D) Special considerations.--The Secretary shall give
special consideration to--
``(i) applications proposing to include workforce or
training related activities in their regional innovation
initiative from eligible recipients who agree to
collaborate with local workforce investment area boards;
and
``(ii) applications from regions that contain
communities negatively impacted by trade.
``(5) Cost share.--The Secretary may not provide more than 50
percent of the total cost of any activity funded under this
subsection.
``(6) Outreach to rural communities.--The Secretary shall
conduct outreach to public and private sector entities in rural
communities to encourage those entities to participate in regional
innovation initiatives under this subsection.
``(7) Geographic distribution.--In conducting a competitive
process, the Secretary shall avoid undue geographic concentration
among any one category of States based on their predominant rural
or urban character as indicated by population density.
``(8) Funding.--The Secretary may accept funds from other
Federal agencies to support grants and activities under this
subsection.
``(d) Regional Innovation Research and Information Program.--
``(1) In general.--As part of the program established pursuant
to subsection (b), the Secretary shall establish a regional
innovation research and information program--
``(A) to gather, analyze, and disseminate information on
best practices for regional innovation initiatives, including
information relating to how innovation, productivity, and
economic development can be maximized through such strategies;
``(B) to provide technical assistance, including through
the development of technical assistance guides, for the
development and implementation of regional innovation
initiatives;
``(C) to support the development of relevant metrics and
measurement standards to evaluate regional innovation
initiatives, including the extent to which such strategies
stimulate innovation, productivity, and economic development;
and
``(D) to collect and make available data on regional
innovation initiatives in the United States, including data
on--
``(i) the size, specialization, and competitiveness of
regional innovation initiatives;
``(ii) the regional domestic product contribution,
total jobs and earnings by key occupations, establishment
size, nature of specialization, patents, Federal research
and development spending, and other relevant information
for regional innovation initiatives; and
``(iii) supply chain product and service flows within
and between regional innovation initiatives.
``(2) Research grants.--The Secretary may award research grants
on a competitive basis to support and further the goals of the
program established under this section.
``(3) Dissemination of information.--Data and analysis compiled
by the Secretary under the program established in this subsection
shall be made available to other Federal agencies, State and local
governments, and nonprofit and for-profit entities.
``(4) Regional innovation grant program.--The Secretary shall
incorporate data and analysis relating to any grant awarded under
subsection (c) into the program established under this subsection.
``(e) Interagency Coordination.--
``(1) In general.--To the maximum extent practicable, the
Secretary shall ensure that the activities carried out under this
section are coordinated with, and do not duplicate the efforts of,
other programs at the Department of Commerce or at other Federal
agencies.
``(2) Collaboration.--
``(A) In general.--The Secretary shall explore and pursue
collaboration with other Federal agencies, including through
multi-agency funding opportunities, on regional innovation
strategies.
``(B) Small businesses.--The Secretary shall ensure that
such collaboration with Federal agencies prioritizes the needs
and challenges of small businesses.
``(f) Evaluation.--
``(1) In general.--Not later than 5 years after Congress first
appropriates funds to carry out this section, the Secretary shall
competitively award a contract with an independent entity to
conduct an evaluation of programs established under this section.
``(2) Requirements.--The evaluation conducted under paragraph
(1) shall include--
``(A) an assessment of whether the program is achieving its
goals;
``(B) the program's efficacy in providing awards to
geographically diverse entities;
``(C) any recommendations for how the program may be
improved; and
``(D) a recommendation as to whether the program should be
continued or terminated.
``(g) Reporting Requirement.--Not later than 5 years after the
first grant is awarded under subsection (c), and every 5 years
thereafter until 5 years after the last grant recipient completes the
regional innovation initiative for which such grant was awarded, the
Secretary shall submit a summary report to Congress that describes the
outcome of each regional innovation initiative that was completed
during the previous 5 years.
``(h) Funding.--From amounts appropriated by Congress to the
Secretary, the Secretary may use up to $50,000,000 in each of the
fiscal years 2020 through 2024 to carry out this section.''.
SEC. 1743. AVIATION WORKFORCE DEVELOPMENT.
(a) In General.--Section 625(c)(1) of the FAA Reauthorization Act
of 2018 (Public Law 115-254) is amended--
(1) in subparagraph (C), by striking ``or'' after the
semicolon;
(2) in subparagraph (D), by striking the period and inserting
``; or''; and
(3) by adding at the end the following:
``(E) an organization representing aircraft users, aircraft
owners, or aircraft pilots.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of the FAA Reauthorization
Act of 2018 (Public Law 115-254).
SEC. 1744. OVERSIGHT OF DEPARTMENT OF DEFENSE EXECUTE ORDERS.
(a) Review of Execute Orders.--Not later than 30 days after
receiving a written request by the Chairman or Ranking Member of a
congressional defense committee, the Secretary of Defense shall provide
the committee, including appropriately designated staff of the
committee, with--
(1) an execute order approved by the Secretary or the commander
of a combatant command for review; and
(2) a detailed briefing on such execute order.
(b) Exception.--
(1) In general.--In extraordinary circumstances necessary to
protect operations security or the sensitivity of the execute
order, the Secretary may limit review of an execute order. A
determination that extraordinary circumstances exist for purposes
of this paragraph may only be made by the Secretary and the
decision to limit the review of an execute order may not be
delegated.
(2) Summary and other information.--In extraordinary
circumstances described in paragraph (1) with respect to an execute
order, within 30 days of receiving a written request under
subsection (a), the Secretary shall provide to the committee
concerned, including appropriately designated staff of the
committee--
(A) a written explanation of the extraordinary
circumstances that led to the determination by the Secretary to
limit review of the execute order; and
(B) a detailed summary of the execute order and other
information necessary for the conduct of the oversight duties
of the committee.
(c) Quarterly Report.--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 fiscal year 2021
and every 90 days thereafter, the Secretary of Defense shall submit to
the congressional defense committees a comprehensive report identifying
and summarizing all execute orders approved by the Secretary or the
commander of a combatant command in effect for the Department of
Defense as of the date of the report.
SEC. 1745. PROCESSES AND PROCEDURES FOR NOTIFICATIONS REGARDING SPECIAL
OPERATIONS FORCES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall establish and
submit to the congressional defense committees processes and procedures
for providing notifications to the committees regarding members of
special operations forces, as identified in section 167(j) of title 10,
United States Code.
(b) Processes and Procedures.--The processes and procedures
established under subsection (a) shall--
(1) clarify the roles and responsibilities of the Secretaries
of the military departments, the Assistant Secretary of Defense for
Special Operations and Low Intensity Conflict, and the Commander of
United States Special Operations Command;
(2) provide guidance relating to the types of matters that
would warrant congressional notification, including awards,
reprimands, incidents, and any other matters the Secretary
determines necessary;
(3) be consistent with the national security of the United
States;
(4) be designed to protect sensitive information during an
ongoing investigation;
(5) account for the privacy of members of the Armed Forces; and
(6) take in to account existing processes and procedures for
notifications to the congressional defense committees regarding
members of the conventional Armed Forces.
SEC. 1746. SECURING AMERICAN SCIENCE AND TECHNOLOGY.
(a) Interagency Working Group.--
(1) In general.--The Director of the Office of Science and
Technology Policy, acting through the National Science and
Technology Council, in consultation with the National Security
Advisor, shall establish or designate an interagency working group
to coordinate activities to protect federally funded research and
development from foreign interference, cyber attacks, theft, or
espionage and to develop common definitions and best practices for
Federal science agencies and grantees, while accounting for the
importance of the open exchange of ideas and international talent
required for scientific progress and American leadership in science
and technology.
(2) Membership.--
(A) In general.--The working group shall include at least
one representative of--
(i) the National Science Foundation;
(ii) the Department of Energy;
(iii) the National Aeronautics and Space
Administration;
(iv) the Department of Commerce;
(v) the Department of Health and Human Services;
(vi) the Department of Defense;
(vii) the Department of Agriculture;
(viii) the Department of Education;
(ix) the Department of State;
(x) the Department of the Treasury;
(xi) the Department of Justice;
(xii) the Department of Homeland Security;
(xiii) the Central Intelligence Agency;
(xiv) the Office of the Director of National
Intelligence;
(xv) the Office of Management and Budget;
(xvi) the National Economic Council; and
(xvii) such other Federal department or agency as the
President considers appropriate.
(B) Chair.--The working group shall be chaired by the
Director of the Office of Science and Technology Policy (or the
Director's designee).
(3) Responsibilities of the working group.--The working group
established under paragraph (1) shall--
(A) identify known and potential cyber, physical, and human
intelligence threats and vulnerabilities within the United
States scientific and technological enterprise;
(B) coordinate efforts among agencies to share and update
important information, including specific examples of foreign
interference, cyber attacks, theft, or espionage directed at
federally funded research and development or the integrity of
the United States scientific enterprise;
(C) identify and assess existing mechanisms for protection
of federally funded research and development;
(D) develop an inventory of--
(i) terms and definitions used across Federal science
agencies to delineate areas that may require additional
protection; and
(ii) policies and procedures at Federal science
agencies regarding protection of federally funded research;
and
(E) develop and periodically update unclassified
recommendations for policy guidance to assist Federal science
agencies and grantees in defending against threats to federally
funded research and development and the integrity of the United
States scientific enterprise that--
(i) includes--
(I) descriptions of known and potential threats to
federally funded research and development and the
integrity of the United States scientific enterprise;
(II) common definitions and terminology for
categorization of research and technologies that are
protected;
(III) identified areas of research or technology
that might require additional protection;
(IV) recommendations for how control mechanisms can
be utilized to protect federally funded research and
development from foreign interference, cyber attacks,
theft or espionage, including any recommendations for
updates to existing control mechanisms;
(V) recommendations for best practices for Federal
science agencies, universities, and grantees to defend
against threats to federally funded research and
development, including coordination and harmonization
of any relevant reporting requirements that Federal
science agencies implement for grantees, and by
providing such best practices with grantees and
universities at the time of awarding such grants or
entering into research contracts;
(VI) a remediation plan for grantees and
universities to mitigate the risks regarding such
threats before research grants or contracts are
cancelled because of such threats;
(VII) recommendations for providing opportunities
and facilities for academic researchers to perform
controlled and classified research in support of
Federal missions;
(VIII) assessments of potential consequences that
any proposed practices would have on international
collaboration and United States leadership in science
and technology; and
(IX) a classified addendum as necessary to further
inform Federal science agency decisionmaking; and
(ii) accounts for the range of needs across different
sectors of the United States science and technology
enterprise.
(4) Policy guidance.--Not later than 270 days after the date of
the enactment of this Act, the Director of the Office of Science
and Technology Policy, in consultation with the working group
established under paragraph (1), shall--
(A) develop and issue policy guidance to Federal science
agencies with more than $100,000,000 in extramural research in
fiscal year 2018 to protect against threats to federally funded
research and the United States science enterprise, including
foreign interference, cyber attacks, theft, or espionage; and
(B) encourage consistency in the policies developed by
Federal science agencies with more than $100,000,000 in
extramural research in fiscal year 2018, as appropriate, and
factoring in the potential range of applications across
different areas of science and technology.
(5) Coordination with national academies roundtable.--The
Director of the Office of Science and Technology Policy shall
coordinate with the Academies to ensure that at least one member of
the interagency working group is also a member of the roundtable
under subsection (b).
(6) Interim report.--Not later than six months after the date
of enactment of this Act, the Director of the Office of Science and
Technology Policy shall provide a report to the relevant committees
that includes the inventory required under paragraph (3)(D), and an
update on progress toward developing the policy guidance required
under paragraphs (3)(E) and (4), as well as any additional
activities undertaken by the working group in that time.
(7) Biennial reporting.--Two years after the date of enactment
of this Act, and at least every two years thereafter, the Director
of the Office of Science and Technology Policy shall provide a
summary report to the relevant committees on the activities of the
working group and the most current version of the policy guidance
required under paragraph (4).
(8) Termination.--The working group established or designated
under paragraph (1) shall terminate on the date that is ten years
after the date on which such working group is established or
designated.
(b) National Academies Science, Technology and Security
Roundtable.--
(1) In general.--The National Science Foundation, the
Department of Energy, and the Department of Defense, and any other
agencies as determined by the Director of the Office of Science and
Technology Policy, shall enter into a joint agreement with the
Academies to create a new ``National Science, Technology, and
Security Roundtable'' (hereinafter in this subsection referred to
as the ``roundtable'').
(2) Participants.--The roundtable shall include senior
representatives and practitioners from Federal science,
intelligence, and national security agencies, law enforcement, as
well as key stakeholders in the United States scientific enterprise
including institutions of higher education, Federal research
laboratories, industry, and non-profit research organizations.
(3) Purpose.--The purpose of the roundtable is to facilitate
among participants--
(A) exploration of critical issues related to protecting
United States national and economic security while ensuring the
open exchange of ideas and international talent required for
scientific progress and American leadership in science and
technology;
(B) identification and consideration of security threats
and risks involving federally funded research and development,
including foreign interference, cyber attacks, theft, or
espionage;
(C) identification of effective approaches for
communicating the threats and risks identified in subparagraph
(b) to the academic and scientific community, including through
the sharing of unclassified data and relevant case studies;
(D) sharing of best practices for addressing and mitigating
the threats and risks identified in subparagraph (B); and
(E) examination of potential near- and long-term responses
by the Government and the academic and scientific community to
mitigate and address the risks associated with foreign threats.
(4) Report and briefing.--The joint agreement under paragraph
(1) shall specify that--
(A) the roundtable shall periodically organize workshops
and issue publicly available reports on the topics described in
paragraph (3) and the activities of the roundtable;
(B) not later than March 1, 2020, the Academies shall
provide a briefing to the relevant committees on the progress
and activities of the roundtable; and
(C) the Academies shall issue a final report on its
activities to the relevant committees before the end of fiscal
year 2024.
(5) Termination.--The roundtable shall terminate on September
30, 2024.
(c) Definitions.--In this section:
(1) The term ``Academies'' means the National Academies of
Science, Engineering and Medicine.
(2) The term ``Federal science agency'' means any Federal
agency with at least $100,000,000 in basic and applied research
obligations in fiscal year 2018.
(3) The term ``grantee'' means an entity that is--
(A) a recipient or subrecipient of a Federal grant or
cooperative agreement; and
(B) an institution of higher education or a non-profit
organization.
(4) The term ``relevant committees'' means--
(A) the Committee on Science, Space, and Technology of the
House of Representatives;
(B) the Committee on Commerce, Science, and Transportation
of the Senate;
(C) the Committee on Armed Services of the House of
Representatives;
(D) the Committee on Armed Services of the Senate; and
(E) the Committee on Homeland Security and Governmental
Affairs of the Senate.
SEC. 1747. STANDARDIZED POLICY GUIDANCE FOR CALCULATING AIRCRAFT
OPERATION AND SUSTAINMENT COSTS.
Not later than 270 days after the date of the enactment of this
Act, the Under Secretary of Defense for Acquisition and Sustainment, in
coordination with the Director of Cost Analysis and Program Evaluation
and in consultation with the Secretary of each of the military
services, shall develop and implement standardized policy guidance for
calculating aircraft operation and sustainment costs for the Department
of Defense. Such guidance shall provide for a standardized calculation
of--
(1) aircraft cost per flying hour;
(2) aircraft cost per aircraft tail per year;
(3) total cost of ownership per flying hour for aircraft
systems;
(4) average annual operation and sustainment cost per aircraft;
and
(5) any other cost metrics the Under Secretary of Defense
determines appropriate.
SEC. 1748. SPECIAL FEDERAL AVIATION REGULATION WORKING GROUP.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, the Secretary of
Transportation, and the Secretary of State, shall jointly establish a
Special Federal Aviation Regulation (in this section referred to as the
``SFAR'') interagency working group to review the current options for
the Department of Defense to use contracted United States civil
aviation to provide support for Department of Defense missions in areas
where a Federal Aviation Administration SFAR is in effect.
(b) Duties.--The working group shall--
(1) analyze all options currently available for the Department
of Defense to use contracted United States civil aviation to
provide support for Department of Defense missions in areas where a
Federal Aviation Administration SFAR is in effect;
(2) review existing processes of the Department of Defense, the
Federal Aviation Administration, and the Department of State, with
respect to the Department of Defense's use of contracted United
States civil aviation in areas where a Federal Aviation
Administration SFAR is in effect;
(3) identify any issues, inefficiencies, or concerns with the
existing options and processes, including safety of flight, legal
considerations, mission delivery, and security considerations; and
(4) develop recommendations, if any, to improve existing
processes or expand the options available for the Department of
Defense to use contracted United States civil aviation to provide
support to Department of Defense missions in areas where a Federal
Aviation Administration SFAR is in effect.
(c) Members.--
(1) Appointment.--The Secretary of Defense, the Secretary of
Transportation, and the Secretary of State shall each appoint not
more than 5 members to the working group with expertise in civil
aviation safety, state aircraft operations, the provision of
contracted aviation support to the Department of Defense, and the
coordination of such efforts between the Department of Defense, the
Department of State, and the Federal Aviation Administration. The 5
members appointed by the Secretary of Transportation shall include
at least 3 members from the Federal Aviation Administration.
(2) Qualifications.--All working group members shall be full-
time employees of the Federal Government with appropriate security
clearances to allow discussion of all classified information and
materials necessary to fulfill the working group's duties pursuant
to subsection (b).
(d) Report.--Not later than 1 year after the date it is
established, the working group shall submit a report on its findings
and any recommendations developed pursuant to subsection (b) to the
congressional defense committees, the Committee on Commerce, Science,
and Transportation of the Senate, and the Committee on Transportation
and Infrastructure of the House of Representatives.
(e) Termination.--The working group shall terminate 90 days after
the date the report is submitted under subsection (d).
(f) Definitions.--In this section the following definitions apply:
(1) The term ``United States civil aviation'' means--
(A) United States air carriers and United States commercial
operators;
(B) persons exercising the privileges of an airman
certificate issued by the FAA, except such persons operating
United States-registered aircraft for a foreign air carrier;
and
(C) operators of civil aircraft registered in the United
States, except where the operator of such aircraft is a foreign
air carrier.
(2) The term ``Federal Aviation Administration SFAR'' means the
Special Federal Aviation Regulation included under subpart M of
part 91 of title 14, Code of Federal Regulations.
SEC. 1749. PROHIBITION ON NAMES RELATED TO THE CONFEDERACY.
(a) Prohibition on Names Related to the Confederacy.--In naming a
new asset or renaming an existing asset, the Secretary of Defense or
the Secretary of a military department may not give a name to an asset
that refers to, or includes a term referring to, the Confederate States
of America (commonly referred to as the ``Confederacy''), including any
name referring to--
(1) a person who served or held leadership within the
Confederacy; or
(2) a Confederate battlefield victory.
(b) Asset Defined.--In this section, the term ``asset'' includes
any base, installation, facility, aircraft, ship, equipment, or any
other property owned or controlled by the Department of Defense or a
military department.
(c) Savings Clause.--Nothing in this section may be construed as
requiring a Secretary concerned to initiate a review of previously
named assets.
SEC. 1750. SUPPORT FOR NATIONAL MARITIME HERITAGE GRANTS PROGRAM.
Of the funds authorized to be appropriated by this Act for fiscal
year 2020 for the Department of Defense, the Secretary of Defense may
contribute up to $5,000,000 to support the National Maritime Heritage
Grants Program established under section 308703 of title 54, United
States Code.
SEC. 1751. SUPPORT FOR WORLD LANGUAGE ADVANCEMENT AND READINESS.
(a) Program Authority.--
(1) In general.--The Secretary of Defense, in consultation with
the Director of National Intelligence and the Secretary of
Education, may carry out a program under which the Secretary may
provide support to eligible entities for the establishment,
improvement, or expansion of world language study for elementary
school and secondary school students.
(2) Special requirements for local educational agencies.--In
providing support under paragraph (1) to an eligible entity that is
a local educational agency, the Secretary of Defense shall support
programs that--
(A) show the promise of being continued after such support
is no longer available;
(B) demonstrate approaches that can be disseminated to and
duplicated in other local educational agencies; and
(C) may include a professional development component.
(3) Applications.--
(A) In general.--To be considered for support under
paragraph (1), an eligible entity shall submit an application
to the Secretary of Defense at such time, in such manner, and
containing such information and assurances as the Secretary may
require.
(B) Special consideration.--The Secretary of Defense shall
give special consideration to applications describing programs
that--
(i) include intensive summer world language programs
for professional development of world language teachers;
(ii) link nonnative English speakers in the community
with the schools in order to promote two-way language
learning;
(iii) promote the sequential study of a world language
for students, beginning in elementary schools;
(iv) make effective use of technology, such as
computer-assisted instruction, language laboratories, or
distance learning, to promote world language study;
(v) promote innovative activities, such as dual
language immersion, partial world language immersion, or
content-based instruction; and
(vi) are carried out through a consortium comprised of
the eligible entity receiving the grant, an elementary
school or secondary school, and an institution of higher
education (as that term is defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001)).
(b) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means the
following:
(A) A local educational agency that hosts a unit of the
Junior Reserve Officers' Training Corps.
(B) A school operated by the Department of Defense
Education Activity.
(2) Esea terms.--The terms ``elementary school'', ``local
educational agency'' and ``secondary school'' have the meanings
given the terms in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(3) World language.--The term ``world language'' means--
(A) any natural language other than English, including--
(i) languages determined by the Secretary of Defense to
be critical to the national security interests of the
United States;
(ii) classical languages;
(iii) American sign language; and
(iv) Native American languages; and
(B) any language described in subparagraph (A) that is
taught in combination with English as part of a dual language
or immersion learning program.
SEC. 1752. DESIGNATION OF DEPARTMENT OF DEFENSE STRATEGIC ARCTIC PORTS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Arctic is a region of strategic importance to the
national security interests of the United States and the Department
of Defense must better align its presence, force posture, and
capabilities to meet the growing array of challenges in the region;
and
(2) although much progress has been made to increase awareness
of Arctic issues and to promote increased presence in the region,
additional measures, including the designation of one or more
strategic Arctic ports, are needed to show the commitment of the
United States to this emerging strategic choke point of future
great power competition.
(b) Report Required.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation
with the Chairman of the Joint Chiefs of Staff, the Commanding
General of the United States Army Corps of Engineers, the
Commandant of the Coast Guard, and the Administrator of the
Maritime Administration, shall submit to the congressional defense
committees a report evaluating potential sites for one or more
strategic ports in the Arctic.
(2) Elements.--Consistent with the updated military strategy
for the protection of United States national security interests in
the Arctic region set forth in the report required under section
1071 of the National Defense Authorization Act for Fiscal Year 2019
(Public Law 114-92; 129 Stat. 992), the report required under
paragraph (1) shall include--
(A) an evaluation of the amount of sufficient and suitable
space needed to create capacity for port and other necessary
infrastructure for at least one of each of type of Navy or
Coast Guard vessel, including an Arleigh Burke class destroyer
of the Navy, a national security cutter, and a heavy polar ice
breaker of the Coast Guard;
(B) an evaluation of the amount of sufficient and suitable
space needed to create capacity for equipment and fuel storage,
technological infrastructure, and civil infrastructure to
support military and civilian operations, including--
(i) aerospace warning;
(ii) maritime surface and subsurface warning;
(iii) maritime control and defense;
(iv) maritime domain awareness;
(v) homeland defense;
(vi) defense support to civil authorities;
(vii) humanitarian relief;
(viii) search and rescue;
(ix) disaster relief;
(x) oil spill response;
(xi) medical stabilization and evacuation; and
(xii) meteorological measurements and forecasting;
(C) an identification of proximity and road access required
to an airport designated as a commercial service airport by the
Federal Aviation Administration that is capable of supporting
military and civilian aircraft for operations designated in
subparagraph (B);
(D) a description of the requirements, to include
infrastructure and installations, communications, and logistics
necessary to improve response effectiveness to support military
and civilian operations described in subparagraph (B);
(E) an identification of the sites that the Secretary
recommends as potential sites for designation as Department of
Defense Strategic Arctic Ports;
(F) the estimated cost of sufficient construction necessary
to initiate and sustain expected operations at such sites; and
(G) such other information as the Secretary deems relevant.
(c) Designation of Strategic Arctic Ports.--Not later than 90 days
after the date on which the report required under subsection (b) is
submitted, the Secretary of Defense, in consultation with the Chairman
of the Joint Chiefs of Staff, the Commanding General of the United
States Army Corps of Engineers, the Commandant of the Coast Guard, and
the Administrator of the Maritime Administration, may designate one or
more ports as Department of Defense Strategic Arctic Ports from the
sites identified under subsection (b)(2)(E).
(d) Rule of Construction.--Nothing in this section may be construed
to authorize any additional appropriations for the Department of
Defense for the establishment of any port designated pursuant to this
section.
(e) Arctic Defined.--In this section, the term ``Arctic'' has the
meaning given that term in section 112 of the Arctic Research and
Policy Act of 1984 (15 U.S.C. 4111).
SEC. 1753. INDEPENDENT STUDIES REGARDING POTENTIAL COST SAVINGS WITH
RESPECT TO THE NUCLEAR SECURITY ENTERPRISE AND FORCE STRUCTURE .
(a) Review of Nuclear Deterrence Postures.--
(1) In general.--The Secretary of Defense shall seek to enter
into agreements with two federally funded research and development
centers for the conduct of independent reviews of alternative
defense postures that achieve United States national security
objectives and could produce cost savings. Each such review shall
include--
(A) alternative nuclear deterrence postures to achieve
national security objectives, including two alternatives with
reduced and increased force posture levels;
(B) the options for and cost impacts resulting from changes
to force structure, active and reserve component balance,
domestic and overseas basing, and other impacts resulting from
potential challenges to foundational planning assumptions to
achieve national security objectives;
(C) the potential cost savings from alterations to the
current balance between the military and civilian workforces;
and
(D) options for reducing service contracts in the
Department of Defense.
(2) Cost data.--A federally funded research and development
center that conducts a review pursuant to paragraph (1) shall
standardize cost data through the use of Department of Defense cost
estimation methodologies and may make reference to appropriate
national security policy documents.
(3) Access to classified information.--The Secretary of Defense
shall provide to such a center classified information on threat
capability developments, plans, and intentions of China, Russia,
North Korea, Iran, and violent extremist organizations.
(b) Report and Briefings.--
(1) Briefing on cost savings.--Not later than February 1, 2020,
the Comptroller General of the United States shall provide to the
congressional defense committees a briefing on the recommendations
of the Comptroller General with respect to cost savings in the
Department of Defense.
(2) Briefing on efficiency initiatives.--Not later than
February 1, 2020, the Comptroller General of the United States
shall provide to the congressional defense committees a briefing on
the recommendations of the Comptroller General with respect to the
efficiency initiatives undertaken by the Office of the Chief
Management Officer of the Department of Defense.
(3) Report.--Subsequent to providing the briefing under
paragraph (2), the Comptroller General shall submit to the
congressional defense committees a report on the matters covered by
the briefing.
SEC. 1754. COMPREHENSIVE DEPARTMENT OF DEFENSE POLICY ON COLLECTIVE
SELF-DEFENSE.
(a) Comprehensive Policy Required.--The Secretary of Defense shall
prescribe a comprehensive written policy for the Department of Defense
on the issuance of authorization for, and the provision by members and
units of the United States Armed Forces of, collective self-defense to
designated foreign nationals, their facilities, and their property.
(b) Elements.--The policy required by subsection (a) shall address
the following:
(1) Each basis under domestic and international law pursuant to
which a member or unit of the United States Armed Forces has been
or may be authorized to provide collective self-defense to
designated foreign nationals, their facilities, or their property
under each circumstance as follows:
(A) Inside an area of active hostilities, or in a country
or territory in which United States forces are authorized to
conduct or support direct action operations.
(B) Outside an area of active hostilities, or in a country
or territory in which United States forces are not authorized
to conduct direct action military operations.
(C) When United States personnel, facilities, or equipment
are not threatened, including both as described in subparagraph
(A) and as described in subparagraph (B).
(D) When members of the United States Armed Forces are not
participating in a military operation as part of an
international coalition.
(E) Any other circumstance not encompassed by subparagraphs
(A) through (D) in which a member or unit of the United States
Armed Forces has been or may be authorized to provide such
collective self-defense.
(2) A list and explanation of any limitations imposed by law or
policy on the provision of collective self-defense to designated
foreign nationals, their facilities, and their property under any
of the bases in domestic or international law in the circumstances
enumerated in paragraph (1), and the conditions under which any
such limitation applies.
(3) The procedure by which a proposal that any member or unit
of the United States Armed Forces provide collective self-defense
in support of designated foreign nationals, their facilities, and
their property is to be submitted, processed, and endorsed through
offices, officers, and officials of the Department to the
applicable approval authority for final decision, and a list of any
information, advice, or opinion to be included with such proposal
in order to inform appropriate action on such proposal by such
approval authority.
(4) The title and duty position of any officers and officials
of the Department empowered to render a final decision on a
proposal described in paragraph (3), and the conditions applicable
to, and limitations on, the exercise of such decisionmaking
authority by each such officer or official.
(5) A description of the Rules of Engagement applicable to the
provision of collective self-defense to designated foreign
nationals, their facilities, and their property under any of the
bases in domestic or international law in the circumstances
enumerated in paragraph (1), and the conditions under which any
such Rules of Engagement would be modified.
(6) A description of the process through which policy guidance
pertaining to the authorization for, and the provision by members
of the United States Armed Forces of, collective self-defense to
designated foreign nationals, their facilities, and their property
is to be disseminated to the level of tactical execution.
(7) Such other matters as the Secretary considers appropriate.
(c) Report on Policy.--
(1) In general.--Not later than 60 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report setting forth the policy
required by subsection (a).
(2) DoD general counsel statement.--The Secretary shall include
in the report under paragraph (1) a statement by the General
Counsel of the Department of Defense as to whether the policy
prescribed pursuant to subsection (a) is consistent with domestic
and international law.
(3) Form.--The report required by paragraph (1) may be
submitted in classified form.
(d) Briefing on Policy.--Not later than 30 days after the date of
the submittal of the report required by subsection (c), the Secretary
shall provide the congressional defense committees a classified
briefing on the policy prescribed pursuant to subsection (a). The
briefing shall make use of vignettes designated to illustrate real
world application of the policy in each the circumstances enumerated in
subsection (b)(1).
SEC. 1755. POLICY REGARDING THE TRANSITION OF DATA AND APPLICATIONS TO
THE CLOUD.
(a) Policy Required.--Not later than 180 days after the date of the
enactment of this Act, the Chief Information Officer of the Department
of Defense and the Chief Data Officer of the Department shall, in
consultation with the J6 of the Joint Staff and the Chief Management
Officer, develop and issue enterprise-wide policy and implementing
instructions regarding the transition of data and applications to the
cloud under the Department cloud strategy in accordance with subsection
(b).
(b) Design.--The policy required by subsection (a) shall be
designed to dramatically improve support to operational missions and
management processes, including by the use of artificial intelligence
and machine learning technologies, by--
(1) making the data of the Department available to support new
types of analyses;
(2) preventing, to the maximum extent practicable, the
replication in the cloud of data stores that cannot readily be
accessed by applications for which the data stores were not
originally engineered;
(3) ensuring that data sets can be readily discovered and
combined with others to enable new insights and capabilities; and
(4) ensuring that data and applications are readily portable
and not tightly coupled to a specific cloud infrastructure or
platform.
SEC. 1756. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM.
(a) Definitions.--In this section--
(1) the term ``Administrator'' means the Administrator of the
Agency;
(2) the term ``Agency'' means the Federal Emergency Management
Agency;
(3) the term ``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(B) the Committee on Transportation and Infrastructure of
the House of Representatives; and
(C) the Committee on Homeland Security of the House of
Representatives;
(4) the term ``public alert and warning system'' means the
integrated public alert and warning system of the United States
described in section 526 of the Homeland Security Act of 2002 (6
U.S.C. 321o);
(5) the term ``Secretary'' means the Secretary of Homeland
Security; and
(6) the term ``State'' means any State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and any possession of the United States.
(b) Integrated Public Alert and Warning System.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall develop minimum
requirements for State, Tribal, and local governments to
participate in the public alert and warning system and that are
necessary to maintain the integrity of the public alert and warning
system, including--
(A) guidance on the categories of public emergencies and
appropriate circumstances that warrant an alert and warning
from State, Tribal, and local governments using the public
alert and warning system;
(B) the procedures for State, Tribal, and local government
officials to authenticate civil emergencies and initiate,
modify, and cancel alerts transmitted through the public alert
and warning system, including protocols and technology
capabilities for--
(i) the initiation, or prohibition on the initiation,
of alerts by a single authorized or unauthorized
individual;
(ii) testing a State, Tribal, or local government
incident management and warning tool without accidentally
initiating an alert through the public alert and warning
system; and
(iii) steps a State, Tribal, or local government
official should take to mitigate the possibility of the
issuance of a false alert through the public alert and
warning system;
(C) the standardization, functionality, and
interoperability of incident management and warning tools used
by State, Tribal, and local governments to notify the public of
an emergency through the public alert and warning system;
(D) the annual training and recertification of emergency
management personnel on requirements for originating and
transmitting an alert through the public alert and warning
system;
(E) the procedures, protocols, and guidance concerning the
protective action plans that State, Tribal, and local
governments shall issue to the public following an alert issued
under the public alert and warning system;
(F) the procedures, protocols, and guidance concerning the
communications that State, Tribal, and local governments shall
issue to the public following a false alert issued under the
public alert and warning system;
(G) a plan by which State, Tribal, and local government
officials may, during an emergency, contact each other as well
as Federal officials and participants in the Emergency Alert
System and the Wireless Emergency Alert System, when
appropriate and necessary, by telephone, text message, or other
means of communication regarding an alert that has been
distributed to the public; and
(H) any other procedure the Administrator considers
appropriate for maintaining the integrity of and providing for
public confidence in the public alert and warning system.
(2) Coordination with national advisory council report.--The
Administrator shall ensure that the minimum requirements developed
under paragraph (1) do not conflict with recommendations made for
improving the public alert and warning system provided in the
report submitted by the National Advisory Council under section
2(b)(7)(B) of the Integrated Public Alert and Warning System
Modernization Act of 2015 (Public Law 114-143; 130 Stat. 332).
(3) Public consultation.--In developing the minimum
requirements under paragraph (1), the Administrator shall ensure
appropriate public consultation and, to the extent practicable,
coordinate the development of the requirements with stakeholders of
the public alert and warning system, including--
(A) appropriate personnel from Federal agencies, including
the National Institute of Standards and Technology, the Agency,
and the Federal Communications Commission;
(B) representatives of State and local governments and
emergency services personnel, who shall be selected from among
individuals nominated by national organizations representing
those governments and personnel;
(C) representatives of Federally recognized Indian tribes
and national Indian organizations;
(D) communications service providers;
(E) vendors, developers, and manufacturers of systems,
facilities, equipment, and capabilities for the provision of
communications services;
(F) third-party service bureaus;
(G) the national organization representing the licensees
and permittees of noncommercial broadcast television stations;
(H) technical experts from the broadcasting industry;
(I) educators from the Emergency Management Institute; and
(J) other individuals with technical expertise as the
Administrator determines appropriate.
(4) Advice to the administrator.--In accordance with the
Federal Advisory Committee Act (5 U.S.C. App.), the Administrator
may obtain advice from a single individual or non-consensus advice
from each of the several members of a group without invoking that
Act.
(c) Incident Management and Warning Tool Validation.--
(1) In general.--The Administrator shall establish a process to
ensure that an incident management and warning tool used by a
State, Tribal, or local government to originate and transmit an
alert through the public alert and warning system meets the
requirements developed by the Administrator under subsection
(b)(1).
(2) Requirements.--The process required to be established under
paragraph (1) shall include--
(A) the ability to test an incident management and warning
tool in the public alert and warning system lab;
(B) the ability to certify that an incident management and
warning tool complies with the applicable cyber frameworks of
the Department of Homeland Security and the National Institute
of Standards and Technology;
(C) a process to certify developers of emergency management
software; and
(D) requiring developers to provide the Administrator with
a copy of and rights of use for ongoing testing of each version
of incident management and warning tool software before the
software is first used by a State, Tribal, or local government.
(d) Review and Update of Memoranda of Understanding.--The
Administrator shall review the memoranda of understanding between the
Agency and State, Tribal, and local governments with respect to the
public alert and warning system to ensure that all agreements ensure
compliance with the requirements developed by the Administrator under
subsection (b)(1).
(e) Future Memoranda.--On and after the date that is 60 days after
the date on which the Administrator issues the requirements developed
under subsection (b)(1), any new memorandum of understanding entered
into between the Agency and a State, Tribal, or local government with
respect to the public alert and warning system shall comply with those
requirements.
(f) Missile Alert and Warning Authorities.--
(1) In general.--
(A) Authority.--On and after the date that is 120 days
after the date of enactment of this Act, the authority to
originate an alert warning the public of a missile launch
directed against a State using the public alert and warning
system shall reside primarily with the Federal Government.
(B) Delegation of authority.--The Secretary may delegate
the authority described in subparagraph (A) to a State, Tribal,
or local entity if, not later than 180 days after the date of
enactment of this Act, the Secretary submits a report to the
appropriate congressional committees that--
(i) it is not feasible for the Federal Government to
alert the public of a missile threat against a State; or
(ii) it is not in the national security interest of the
United States for the Federal Government to alert the
public of a missile threat against a State.
(C) Activation of system.--Upon verification of a missile
threat, the President, utilizing established authorities,
protocols and procedures, may activate the public alert and
warning system.
(D) Rule of construction.--Nothing in this paragraph shall
be construed to change the command and control relationship
between entities of the Federal Government with respect to the
identification, dissemination, notification, or alerting of
information of missile threats against the United States that
was in effect on the day before the date of enactment of this
Act.
(2) Required processes.--The Secretary, acting through the
Administrator, shall establish a process to promptly notify a State
warning point, and any State entities that the Administrator
determines appropriate, following the issuance of an alert
described in paragraph (1)(A) so the State may take appropriate
action to protect the health, safety, and welfare of the residents
of the State.
(3) Guidance.--The Secretary, acting through the Administrator,
shall work with the Governor of a State warning point to develop
and implement appropriate protective action plans to respond to an
alert described in paragraph (1)(A) for that State.
(4) Study and report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall--
(A) examine the feasibility of establishing an alert
designation under the public alert and warning system that
would be used to alert and warn the public of a missile threat
while concurrently alerting a State warning point so that a
State may activate related protective action plans; and
(B) submit a report of the findings under subparagraph (A),
including of the costs and timeline for taking action to
implement an alert designation described in subparagraph (A),
to--
(i) the Subcommittee on Homeland Security of the
Committee on Appropriations of the Senate;
(ii) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(iii) the Subcommittee on Homeland Security of the
Committee on Appropriations of the House of
Representatives;
(iv) the Committee on Transportation and Infrastructure
of the House of Representatives; and
(v) the Committee on Homeland Security of the House of
Representatives.
(g) Use of Integrated Public Alert and Warning System Lab.--Not
later than 1 year after the date of enactment of this Act, the
Administrator shall--
(1) develop a program to increase the utilization of the public
alert and warning system lab of the Agency by State, Tribal, and
local governments to test incident management and warning tools and
train emergency management professionals on alert origination
protocols and procedures; and
(2) submit to the appropriate congressional committees a report
describing--
(A) the impact on utilization of the public alert and
warning system lab by State, Tribal, and local governments,
with particular attention given to the impact on utilization in
rural areas, resulting from the program developed under
paragraph (1); and
(B) any further recommendations that the Administrator
would make for additional statutory or appropriations authority
necessary to increase the utilization of the public alert and
warning system lab by State, Tribal, and local governments.
(h) Awareness of Alerts and Warnings.--Not later than 1 year after
the date of enactment of this Act, the Administrator shall--
(1) conduct a review of the National Watch Center and each
Regional Watch Center of the Agency; and
(2) submit to the appropriate congressional committees a report
on the review conducted under paragraph (1), which shall include--
(A) an assessment of the technical capability of the
National and Regional Watch Centers described in paragraph (1)
to be notified of alerts and warnings issued by a State through
the public alert and warning system;
(B) a determination of which State alerts and warnings the
National and Regional Watch Centers described in paragraph (1)
should be aware of; and
(C) recommendations for improving the ability of the
National and Regional Watch Centers described in paragraph (1)
to receive any State alerts and warnings that the Administrator
determines are appropriate.
(i) Reporting False Alerts.--Not later than 15 days after the date
on which a State, Tribal, or local government official transmits a
false alert under the public alert and warning system, the
Administrator shall report to the appropriate congressional committees
on--
(1) the circumstances surrounding the false alert;
(2) the content, cause, and population impacted by the false
alert; and
(3) any efforts to mitigate any negative impacts of the false
alert.
(j) Reporting Participation Rates.--The Administrator shall, on an
annual basis, report to the appropriate congressional committees on--
(1) participation rates in the public alert and warning system;
and
(2) any efforts to expand alert, warning, and interoperable
communications to rural and underserved areas.
(k) Timeline for Compliance.--Each State shall be given a
reasonable amount of time to comply with any new rules, regulations, or
requirements imposed under this section.
SEC. 1757. IMPROVING QUALITY OF INFORMATION IN BACKGROUND INVESTIGATION
REQUEST PACKAGES.
(a) Report on Metrics and Best Practices.--Not later than 180 days
after the date of the enactment of this Act, the Director of the
Defense Counterintelligence and Security Agency, which serves as the
primary executive branch service provider for background investigations
for eligibility for access to classified information, eligibility to
hold a sensitive position, and for suitability and fitness for other
matters pursuant to Executive Order 13467 (50 U.S.C. 3161 note;
relating to reforming processes related to suitability for Government
employment, fitness for contractor employees, and eligibility for
access to classified national security information), shall, in
consultation with the Security, Suitability, and Credentialing
Performance Accountability Council established under such executive
order, submit to Congress a report on--
(1) metrics for assessing the completeness and quality of
packages for background investigations submitted by agencies
requesting background investigations from the Defense
Counterintelligence and Security Agency;
(2) rejection rates of background investigation submission
packages due to incomplete or erroneous data, by agency; and
(3) best practices for ensuring full and complete information
in background investigation requests.
(b) Annual Report on Performance.--Not later than 270 days after
the date of the enactment of this Act and not less frequently than once
each year thereafter, the Security, Suitability, and Credentialing
Performance Accountability Council shall submit to Congress a report on
performance against the metrics and return rates identified in
paragraphs (1) and (2) of subsection (a).
(c) Improvement Plans.--
(1) Identification.--Not later than one year after the date of
the enactment of this Act, executive agents under Executive Order
13467 (50 U.S.C. 3161 note) shall identify agencies in need of
improvement with respect to the quality of the information in the
background investigation submissions of the agencies as reported in
subsection (b).
(2) Plans.--Not later than 90 days after an agency is
identified under paragraph (1), the head of the agency shall
provide the executive agents referred to in such paragraph with a
plan to improve the performance of the agency with respect to the
quality of the information in the agency's background investigation
submissions.
SEC. 1758. PAROLE IN PLACE FOR MEMBERS OF THE ARMED FORCES AND CERTAIN
MILITARY DEPENDENTS.
(a) In General.--In evaluating a request from a covered individual
for parole in place under section 212(d)(5) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(5)), the Secretary of Homeland
Security shall consider, on a case-by-case basis, whether granting the
request would enable military family unity that would constitute a
significant public benefit.
(b) Sense of Congress.--It is the sense of Congress that--
(1) parole in place reinforces the objective of military family
unity;
(2) except as required in furtherance of the missions of the
Armed Forces, disruption to military family unity should be
minimized in order to enhance military readiness and allow members
of the Armed Forces to focus on the faithful execution of their
military missions and objectives, with peace of mind regarding the
well-being of their family members; and
(3) the importance of the parole in place authority of the
Secretary of Homeland Security is reaffirmed.
(c) Covered Individual Defined.--In this section, the term
``covered individual'' means an alien who--
(1) is a member of the Armed Forces;
(2) is the spouse, son, or daughter of a member of the Armed
Forces;
(3) is the parent of a member of the Armed Forces who supports
the request of such parent for parole in place; or
(4) is the widow, widower, parent, son, or daughter of a
deceased member of the Armed Forces.
SEC. 1759. REPORT ON REDUCING THE BACKLOG IN LEGALLY REQUIRED
HISTORICAL DECLASSIFICATION OBLIGATIONS OF THE DEPARTMENT OF DEFENSE.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report detailing the progress made by the Secretary
toward reducing the backlog in legally required historical
declassification obligations of the Department of Defense.
(b) Elements.--The report under subsection (a) shall include, with
respect to the Department of Defense, the following:
(1) A plan to achieve legally mandated historical
declassification requirements and reduce backlogs.
(2) A plan to incorporate new technologies, such as artificial
intelligence, that would increase productivity and reduce cost in
implementing the plan under paragraph (1).
(3) A detailed assessment of the documents released in each of
the proceeding three years before the date of the report, broken
out by program, such as the 25 and 50 year programs.
(4) A detailed assessment of the documents awaiting review for
release and an estimate of how many documents will be released in
each of the next three years.
(5) Potential policy, resource, and other options available to
the Secretary to reduce backlogs.
(6) The progress and objectives of the Secretary with respect
to the release of documents for publication in the Foreign
Relations of the United States series or to facilitate the public
accessibility of such documents at the National Archives,
presidential libraries, or both.
(c) Form and Availability.--The report under subsection (a) shall
be submitted in unclassified form, which shall be made publicly
available, but may include a classified annex.
SEC. 1760. MILITARY TYPE CERTIFICATION FOR LIGHT ATTACK EXPERIMENTATION
AIRCRAFT.
The Secretary of the Air Force shall make available and conduct
military type certifications for light attack experimentation aircraft
as needed, pursuant to the Department of Defense Directive on Military
Type Certificates, 5030.61.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date.
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2020''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
SPECIFIED BY LAW.
(a) Expiration of Authorizations After Five Years.--Except as
provided in subsection (b), all authorizations contained in titles XXI
through XXVII and title XXIX for military construction projects, land
acquisition, family housing projects and facilities, and contributions
to the North Atlantic Treaty Organization Security Investment Program
(and authorizations of appropriations therefor) shall expire on the
later of--
(1) October 1, 2024; or
(2) the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2025.
(b) Exception.--Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic Treaty
Organization Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have been
obligated before the later of--
(1) October 1, 2024; or
(2) the date of the enactment of an Act authorizing funds for
fiscal year 2025 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization Security
Investment Program.
SEC. 2003. EFFECTIVE DATE.
Titles XXI through XXVII and title XXIX shall take effect on the
later of--
(1) October 1, 2019; or
(2) the date of the enactment of this Act.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Modification of authority to carry out certain fiscal year
2019 projects.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2103(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Army may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
State Installation Amount
------------------------------------------------------------------------
Alabama....................... Redstone Arsenal...... $38,000,000
Colorado...................... Fort Carson........... $71,000,000
Georgia....................... Fort Gordon........... $107,000,000
Hunter Army Airfield.. $62,000,000
Kentucky...................... Fort Campbell......... $61,300,000
Massachusetts................. U.S. Army Natick $50,000,000
Soldier Systems
Center...............
Michigan...................... Detroit Arsenal....... $24,000,000
New York...................... Fort Drum............. $44,000,000
North Carolina................ Fort Bragg............ $12,500,000
Oklahoma...................... Fort Sill............. $73,000,000
Pennsylvania.................. Carlisle Barracks..... $98,000,000
South Carolina................ Fort Jackson.......... $88,000,000
Texas......................... Corpus Christi Army $86,000,000
Depot................
Fort Hood............. $50,500,000
Virginia...................... Fort Belvoir.......... $60,000,000
Joint Base Langley- $55,000,000
Eustis...............
Washington.................... Joint Base Lewis- $46,000,000
McChord..............
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2103(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Army may acquire real property and carry out the military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Country Installation Amount
------------------------------------------------------------------------
Honduras..................... Soto Cano Air Base...... $34,000,000
Kwajalein.................... Kwajalein Atoll......... $40,000,000
------------------------------------------------------------------------
(c) Study of Near-term Facility Alternatives to House High Value
Detainees.--
(1) Study required.--The Secretary of Defense shall conduct a
study of alternatives to meet the near-term facility requirements
to safely and humanely house high value detainees current detained
at Naval Station Guantanamo Bay, Cuba. As part of the study, the
Secretary shall consider the following alternatives:
(A) The construction of new facilities.
(B) The repair of current facilities.
(C) The renovation and repurposing of other facilities at
Naval Station Guantanamo Bay, Cuba.
(D) Such other alternatives as the Secretary considers
practicable.
(2) Submission of results.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report containing
the results of the study conducted under paragraph (1). The report
shall be unclassified, but may include a classified annex.
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts appropriated
pursuant to the authorization of appropriations in section 2103(a) and
available for military family housing functions as specified in the
funding table in section 4601, the Secretary of the Army may construct
or acquire family housing units (including land acquisition and
supporting facilities) at the installation, and in the amount, set
forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State/Country Installation Units Amount
----------------------------------------------------------------------------------------------------------------
Pennsylvania............................ Tobyhanna Army Depot..... Family Housing Replacement $19,000,000
Construction.............
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2103(a) and available
for military family housing functions as specified in the funding table
in section 4601, the Secretary of the Army may carry out architectural
and engineering services and construction design activities with
respect to the construction or improvement of family housing units in
an amount not to exceed $9,222,000.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2019,
for military construction, land acquisition, and military family
housing functions of the Department of the Army as specified in the
funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2101 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2019 PROJECTS.
(a) Anniston Army Depot, Alabama.--In the case of the authorization
contained in the table in section 2101(a) of the National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
2241) for Anniston Army Depot, Alabama, for construction of a weapon
maintenance shop, as specified in the funding table in section 4601 of
such Act (132 Stat. 2401), the Secretary of the Army may construct a
21,000-square foot weapon maintenance shop.
(b) United States Military Academy, New York.--The table in section
2101(a) of the National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 2241) is amended in the item relating to
the United States Military Academy, New York, by striking
``$160,000,000'' and inserting ``$197,000,000'' for construction of a
Consolidated Engineering Center and Parking Structure rather than the
separate projects specified in the funding table in section 4601 of
such Act (132 Stat. 2401).
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
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. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Navy may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona....................................... Marine Corps Air Station Yuma................... $189,760,000
California.................................... Camp Pendleton.................................. $185,569,000
Marine Corps Air Station Miramar................ $37,400,000
Naval Air Weapons Station China Lake............ $64,500,000
Navel Base Coronado............................. $165,830,000
Naval Base San Diego............................ $9,900,000
Naval Weapons Station Seal Beach................ $123,310,000
Travis Air Force Base........................... $64,000,000
Connecticut................................... Naval Submarine Base New London................. $72,260,000
Florida....................................... Blount Island................................... $18,700,000
Naval Air Station Jacksonville.................. $32,420,000
Guam.......................................... Joint Region Marianas........................... $226,000,000
Hawaii........................................ Marine Corps Air Station Kaneohe Bay............ $134,050,000
Naval Ammunition Depot West Loch................ $53,790,000
Maryland...................................... Saint Inigoes................................... $15,000,000
North Carolina................................ Camp Lejeune.................................... $229,010,000
Marine Corps Air Station Cherry Point........... $114,570,000
Marine Corps Air Station New River.............. $11,320,000
Pennsylvania.................................. Philadelphia.................................... $74,630,000
South Carolina................................ Parris Island................................... $37,200,000
Virginia...................................... Marine Corps Base Quantico...................... $143,350,000
Naval Station Norfolk........................... $139,100,000
Portsmouth Naval Shipyard....................... $48,930,000
Yorktown Naval Weapons Station.................. $59,000,000
Washington.................................... Bremerton....................................... $51,010,000
Keyport......................................... $25,050,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2204(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Navy may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Australia..................................... Darwin.......................................... $211,500,000
Japan......................................... Fleet Activities Yokosuka....................... $174,692,000
Marine Corps Air Station Iwakuni................ $15,870,000
----------------------------------------------------------------------------------------------------------------
(c) Report Required as Condition of Authorization.--
(1) Report.--At the same time that the budget of the President
is submitted to Congress under section 1105(a) of title 31, United
States Code, for fiscal year 2021, the Secretary of the Navy shall
submit to the congressional defense committees a report describing,
for each project authorized in the first item in the table in
subsection (b) for Darwin that is required to support the full
complement of the Marine Rotational Force-Darwin--
(A) the required infrastructure investments for the
project;
(B) the source of funding, including funds provided by the
Government of Australia, for the project; and
(C) the proposed year for implementation of the project.
(2) Condition.--The Secretary of the Navy may not commence a
project authorized in the first item in the table in subsection (b)
for Darwin until the report under paragraph (1) has been submitted.
SEC. 2202. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2204(a) and available for military family
housing functions as specified in the funding table in section 4601,
the Secretary of the Navy may carry out architectural and engineering
services and construction design activities with respect to the
construction or improvement of family housing units in an amount not to
exceed $5,863,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2204(a) and available for military family housing functions as
specified in the funding table in section 4601, the Secretary of the
Navy may improve existing military family housing units in an amount
not to exceed $41,798,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2019,
for military construction, land acquisition, and military family
housing functions of the Department of the Navy, as specified in the
funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2201 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2017 PROJECT.
The table in section 2201(a) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2691) is
amended in the item relating to Bangor, Washington, by striking
``$113,415,000'' and inserting ``$161,415,000'' for construction of a
SEAWOLF Class Service Pier, as specified in the funding table in
section 4601 of such Act (130 Stat. 2876).
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
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. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of the
Air Force may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Alaska....................... Eielson Air Force Base $8,600,000
Arkansas..................... Little Rock Air Force $47,000,000
Base.
California................... Travis Air Force Base $43,100,000
Colorado..................... Peterson Air Force $54,000,000
Base.
Schriever Air Force $148,000,000
Base.
United States Air $49,000,000
Force Academy........
Georgia...................... Moody Air Force Base.. $12,500,000
Guam......................... Joint Region Marianas. $65,000,000
Illinois..................... Scott Air Force Base.. $100,000,000
Mariana Islands.............. Tinian................ $316,000,000
Missouri..................... Whiteman Air Force $27,000,000
Base.
Montana...................... Malmstrom Air Force $235,000,000
Base.
Nevada....................... Nellis Air Force Base. $65,200,000
New Mexico................... Holloman Air Force $20,000,000
Base.
Kirtland Air Force $37,900,000
Base.
North Dakota................. Minot Air Force Base.. $5,500,000
Texas........................ Joint Base San $243,300,000
Antonio.
Utah......................... Hill Air Force Base... $114,500,000
Washington................... Fairchild-White Bluff. $31,000,000
Wyoming...................... F.E. Warren Air Force $18,100,000
Base.
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2304(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of the
Air Force may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Australia..................... Tindal............... $70,600,000
Cyprus........................ Royal Air Force $27,000,000
Akrotiri.
Japan......................... Yokota Air Base...... $12,400,000
United Kingdom................ Royal Air Force $14,300,000
Lakenheath.
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2304(a) and available for military family
housing functions as specified in the funding table in section 4601,
the Secretary of the Air Force may carry out architectural and
engineering services and construction design activities with respect to
the construction or improvement of family housing units in an amount
not to exceed $3,409,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in
section 2304(a) and available for military family housing functions as
specified in the funding table in section 4601, the Secretary of the
Air Force may improve existing military family housing units in an
amount not to exceed $53,584,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2019,
for military construction, land acquisition, and military family
housing functions of the Department of the Air Force, as specified in
the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2301 may not
exceed the total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
SEC. 2305. MODIFICATION OF AUTHORITIES TO CARRY OUT PHASED JOINT
INTELLIGENCE ANALYSIS COMPLEX CONSOLIDATION.
(a) Fiscal Year 2015 Project Authority.--In the case of the
authorization contained in the table in section 2301(b) of the National
Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128
Stat. 3679) for Royal Air Force Croughton, United Kingdom, for Phase 1
of the Joint Intelligence Analysis Complex consolidation, as specified
in the funding table in section 4601 of such Act (128 Stat. 3973), the
Secretary of the Air Force shall carry out the construction at Royal
Air Force Molesworth, United Kingdom.
(b) Fiscal Year 2016 Project Authority.--In the case of the
authorization contained in the table in section 2301(b) of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 1153), for Royal Air Force Croughton, United Kingdom, for Phase 2
of the Joint Intelligence Analysis Complex consolidation, as specified
in the funding table in section 4601 of such Act (129 Stat. 1294), the
Secretary of the Air Force may construct a 5,152-square meter
Intelligence Analytic Center, a 5,234-square meter Intelligence Fusion
Center, and a 807-square meter Battlefield Information Collection and
Exploitation System Center at Royal Air Force Molesworth, United
Kingdom.
(c) Fiscal Year 2017 Project Authority.--In the case of the
authorization contained in the table in section 2301(b) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130
Stat. 2697), for Royal Air Force Croughton, United Kingdom, for Phase 3
of the Joint Intelligence Analysis Complex consolidation, as specified
in the funding table in section 4601 of such Act (130 Stat. 2878), the
Secretary of the Air Force may construct a 1,562-square meter Regional
Joint Intelligence Training Facility and a 4,495-square meter Combatant
Command Intelligence Facility at Royal Air Force Molesworth, United
Kingdom.
(d) Conforming Repeal.--Section 2305 of the National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
2247) is repealed.
SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2016 PROJECT.
The table in section 2301(a) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1152) is amended
in the item relating to Nellis Air Force Base, Nevada, by striking
``$68,950,000'' and inserting ``$72,050,000'' for construction of F-35A
Munitions Maintenance Facilities, as specified in the funding table in
section 4601 of such Act (129 Stat. 1293).
SEC. 2307. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2017 PROJECT.
The table in section 2301(a) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2696) is
amended in the item relating to Fairchild Air Force Base, Washington,
by striking ``$27,000,000'' and inserting ``$31,800,000'' for
construction of a SERE School Pipeline Dormitory, as specified in the
funding table in section 4601 of such Act (130 Stat. 2878).
SEC. 2308. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2018 PROJECTS.
(a) Little Rock Air Force Base, Arkansas.--The table in section
2301(a) of the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 1825) is amended in the item relating to
Little Rock Air Force Base, Arkansas, by striking ``$20,000,000'' and
inserting ``$27,000,000'' for construction of a dormitory facility, as
specified in the funding table in section 4601 of such Act (131 Stat.
2002).
(b) Joint Base San Antonio, Texas.--In the case of the
authorization contained in the table in section 2301(a) of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131
Stat. 1826) for Joint Base San Antonio, Texas, the Secretary of the Air
Force may construct--
(1) a 750-square meter equipment building for construction of a
Classrooms/Dining Facility, as specified in the funding table in
section 4601 of such Act (131 Stat. 2003); and
(2) a 636-square meter air traffic control tower for
construction of an Air Traffic Control Tower, as specified in the
funding table in section 4601 of such Act (131 Stat. 2003).
(c) F.E. Warren Air Force Base, Wyoming.--The table in section
2301(a) of the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 1825) is amended in the item relating to
F.E. Warren Air Force Base, Wyoming, by striking ``$62,000,000'' and
inserting ``$80,100,000'' for construction of a Consolidated Helo/TRF
Ops/AMU and Alert Facility, as specified in the funding table in
section 4601 of such Act (131 Stat. 2004).
(d) Rygge Air Station, Norway.--In the case of the authorization
contained in the table in section 2903 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat.
1876) for Rygge Air Station, Norway, for replacement/expansion of a
Quick Reaction Alert Pad, as specified in the funding table in section
4602 of such Act (131 Stat. 2014), the Secretary of the Air Force may
construct 1,327 square meters of aircraft shelter and a 404-square
meter fire protection support building.
(e) Incirlik Air Base, Turkey.--In the case of the authorization
contained in the table in section 2903 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat.
1876) for Incirlik Air Base, Turkey, for Relocating Base Main Access
Control Point, as specified in the funding table in section 4602 of
such Act (131 Stat. 2015), the Secretary of the Air Force may construct
a 223-square meter pedestrian search building.
SEC. 2309. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
2019 PROJECTS.
(a) Hanscom Air Force Base, Massachusetts.--In the case of the
authorization contained in the table in section 2301(a) of the National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 2246) for Hanscom Air Force Base, Massachusetts, for the
construction of a semi-conductor/microelectronics laboratory facility,
as specified in the funding table in section 4601 of such Act (132
Stat. 2405), the Secretary of the Air Force may construct a 1,000
kilowatt stand-by generator.
(b) Minot Air Force Base, North Dakota.--The table in section
2301(a) of the National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 2246) is amended in the item relating to
Minot Air Force Base, North Dakota, by striking ``$66,000,000'' and
inserting ``$71,500,000'' for construction of a Consolidated Helo/TRF
Ops/AMU and Alert Facility, as specified in the funding table in
section 4601 of such Act (132 Stat. 2405).
(c) Royal Air Force Lakenheath, United Kingdom.--In the case of the
authorization contained in the table in section 2301(b) of the National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 2247) for Royal Air Force Lakenheath, United Kingdom, for the
construction of an F-35A Dormitory, as specified in the funding table
in section 4601 of such Act (132 Stat. 2405), the Secretary of the Air
Force may construct a 5,900-square meter dormitory.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Authorized Energy Resilience and Conservation Investment
Program projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for military construction projects inside the United States as
specified in the funding table in section 4601, the Secretary of
Defense may acquire real property and carry out military construction
projects for the installations or locations inside the United States,
and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California...................................... Beale Air Force Base....................... $33,700,000
Camp Pendleton............................. $17,700,000
Florida......................................... Eglin Air Force Base....................... $16,500,000
Hurlburt Field............................. $108,386,000
Naval Air Station Key West................. $16,000,000
Guam............................................ Joint Region Marianas...................... $19,200,000
Hawaii.......................................... Joint Base Pearl Harbor-Hickam............. $67,700,000
Maryland........................................ Fort Detrick............................... $27,846,000
Mississippi..................................... Columbus Air Force Base.................... $16,800,000
North Carolina................................. Camp Lejeune............................... $13,400,000
Fort Bragg................................. $84,103,000
Oklahoma........................................ Tulsa International Airport................ $18,900,000
Rhode Island.................................... Quonset State Airport...................... $11,600,000
South Carolina.................................. Joint Base Charleston...................... $33,300,000
South Dakota.................................... Ellsworth Air Force Base................... $24,800,000
Virginia........................................ Defense Distribution Depot Richmond........ $98,800,000
Joint Expeditionary Base Little Creek - $45,604,000
Fort Story................................
Pentagon................................... $28,802,000
Training Center Dam Neck................... $12,770,000
Washington...................................... Joint Base Lewis-McChord................... $47,700,000
Wisconsin....................................... General Mitchell International Airport..... $25,900,000
CONUS Classified................................ Classified Location........................ $82,200,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for military construction projects outside the United States as
specified in the funding table in section 4601, the Secretary of
Defense may acquire real property and carry out military construction
projects for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Germany......................................... Geilenkirchen Air Base..................... $30,479,000
Germany......................................... Ramstein................................... $66,800,000
Japan........................................... Yokota Air Base........................... $136,411,000
Worldwide Classified............................ Classified Location........................ $52,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION INVESTMENT
PROGRAM PROJECTS.
(a) Inside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for energy conservation projects as specified in the funding table in
section 4601, the Secretary of Defense may carry out energy
conservation projects under chapter 173 of title 10, United States
Code, for the installations or locations inside the United States, and
in the amounts, set forth in the following table:
ERCIP Projects: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California................................... Mountain View................................. $9,700,000
Naval Air Weapons Station China Lake.......... $8,950,000
Naval Support Activity Monterey............... $10,540,000
Hawaii...................................... Joint Base Pearl Harbor-Hickam................ $4,000,000
Maryland..................................... Naval Support Activity Bethesda............... $13,840,000
South Potomac................................. $18,460,000
New Mexico................................... White Sands Missile Range..................... $5,800,000
Texas........................................ Camp Swift.................................... $4,500,000
Fort Hood..................................... $16,500,000
Virginia..................................... National Reconnaissance Office Headquarters... $66,000
Washington................................... Naval Base Kitsap............................. $23,670,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated pursuant
to the authorization of appropriations in section 2403(a) and available
for energy conservation projects as specified in the funding table in
section 4601, the Secretary of Defense may carry out energy
conservation projects under chapter 173 of title 10, United States
Code, for the installations or locations outside the United States, and
in the amounts, set forth in the following table:
ERCIP Projects: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Guam......................................... Naval Base Guam............................... $16,970,000
Unspecified Worldwide........................ Unspecified Worldwide Locations............... $150,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for fiscal years beginning after September 30, 2019,
for military construction, land acquisition, and military family
housing functions of the Department of Defense (other than the military
departments), as specified in the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section 2853 of title
10, United States Code, and any other cost variation authorized by law,
the total cost of all projects carried out under section 2401 of this
Act may not exceed the total amount authorized to be appropriated under
subsection (a), as specified in the funding table in section 4601.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.
The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as provided in
section 2806 of title 10, United States Code, in an amount not to
exceed the sum of the amount authorized to be appropriated for this
purpose in section 2502 and the amount collected from the North
Atlantic Treaty Organization as a result of construction previously
financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
(a) Authorization.--Funds are hereby authorized to be appropriated
for fiscal years beginning after September 30, 2019, for contributions
by the Secretary of Defense under section 2806 of title 10, United
States Code, for the share of the United States of the cost of projects
for the North Atlantic Treaty Organization Security Investment Program
authorized by section 2501 as specified in the funding table in section
4601.
(b) Authority to Recognize NATO Authorization Amounts as Budgetary
Resources for Project Execution.--When the United States is designated
as the Host Nation for the purposes of executing a project under the
NATO Security Investment Program (NSIP), the Department of Defense
construction agent may recognize the NATO project authorization amounts
as budgetary resources to incur obligations for the purposes of
executing the NSIP project.
Subtitle B--Host Country In-kind Contributions
SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the Republic of Korea for required in-
kind contributions, the Secretary of Defense may accept military
construction projects for the installations or locations in the
Republic of Korea, and in the amounts, set forth in the following
table:
Republic of Korea Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Component Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Army................................... Camp Carroll.............. Army Prepositioned Stock-4 $51,000,000
Wheeled Vehicle Maintenance
Facility....................
Army................................... Camp Humphreys............ Unaccompanied Enlisted $154,000,000
Personnel Housing, P1.......
Army................................... Camp Humphreys............ Unaccompanied Enlisted $211,000,000
Personnel Housing, P2.......
Army................................... Camp Humphreys............ Satellite Communications $32,000,000
Facility....................
Air Force.............................. Gwangju Air Base.......... Hydrant Fuel System.......... $35,000,000
Air Force.............................. Kunsan Air Base........... Upgrade Electrical $14,200,000
Distribution System.........
Air Force.............................. Kunsan Air Base........... Dining Facility.............. $21,000,000
Air Force.............................. Suwon Air Base............ Hydrant Fuel System.......... $24,000,000
----------------------------------------------------------------------------------------------------------------
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
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. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army National Guard locations inside the
United States, and in the amounts, set forth in the following table:
Army National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama......................................... Anniston Army Depot.......................... $34,000,000
Foley........................................ $12,000,000
California...................................... Camp Roberts................................. $12,000,000
Idaho........................................... Orchard Training Area........................ $29,000,000
Maryland........................................ Havre de Grace............................... $12,000,000
Massachusetts................................... Camp Edwards................................. $9,700,000
Minnesota....................................... New Ulm...................................... $11,200,000
Mississippi..................................... Camp Shelby.................................. $8,100,000
Missouri........................................ Springfield.................................. $12,000,000
Nebraska........................................ Bellevue..................................... $29,000,000
New Hampshire................................... Concord...................................... $5,950,000
New York........................................ Jamaica Armory............................... $91,000,000
Pennsylvania.................................... Moon Township................................ $23,000,000
Vermont......................................... Jericho...................................... $30,000,000
Washington...................................... Richland..................................... $11,400,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Army may acquire real property and carry out military
construction projects for the Army Reserve locations inside the United
States, and in the amounts, set forth in the following table:
Army Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Delaware........................................ Newark Army Reserve Center................... $21,000,000
Wisconsin....................................... Fort McCoy................................... $25,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Navy may acquire real property and carry out the
military construction project for the Navy Reserve and Marine Corps
Reserve location inside the United States, and in the amount, set forth
in the following table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Louisiana....................................... New Orleans............................... $25,260,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the Air National Guard locations
inside the United States, and in the amounts, set forth in the
following table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California...................................... Moffett Air National Guard Base............ $57,000,000
Georgia......................................... Savannah/Hilton Head International Airport. $24,000,000
Missouri........................................ Rosecrans Memorial Airport................. $9,500,000
Puerto Rico..................................... Luis Munoz-Marin International Airport..... $50,000,000
Wisconsin....................................... Truax Field................................ $34,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard and
Reserve as specified in the funding table in section 4601, the
Secretary of the Air Force may acquire real property and carry out
military construction projects for the Air Force Reserve locations
inside the United States, and in the amounts, set forth in the
following table:
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Georgia......................................... Robins Air Force Base........................ $43,000,000
Maryland........................................ Joint Base Andrews........................... $15,000,000
Minnesota....................................... Minneapolis-St. Paul International Airport... $9,800,000
----------------------------------------------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2019, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor, under
chapter 1803 of title 10, United States Code (including the cost of
acquisition of land for those facilities), as specified in the funding
table in section 4601.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense base
closure account.
Sec. 2702. Prohibition on conducting additional base realignment and
closure (BRAC) round.
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND
CLOSURE ACTIVITIES FUNDED THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2019, for base realignment and closure
activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) and funded through the Department of Defense Base
Closure Account established by section 2906 of such Act (as amended by
section 2711 of the Military Construction Authorization Act for Fiscal
Year 2013 (division B of Public Law 112-239; 126 Stat. 2140)), as
specified in the funding table in section 4601.
SEC. 2702. PROHIBITION ON CONDUCTING ADDITIONAL BASE REALIGNMENT AND
CLOSURE (BRAC) ROUND.
Nothing in this Act shall be construed to authorize an additional
Base Realignment and Closure (BRAC) round.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program
Sec. 2801. Military installation resilience plans and projects.
Sec. 2802. Improved consultation with tribal governments when proposed
military construction projects potentially impact Indian
tribes.
Sec. 2803. Increased authority for use of certain appropriations amounts
for restoration or replacement of damaged or destroyed
facilities.
Sec. 2804. Amendment of Unified Facilities Criteria to promote military
installation resilience, energy resilience, energy and climate
resiliency, and cyber resilience.
Sec. 2805. Modification to Department of Defense Form 1391 regarding
consideration of potential long-term adverse environmental
effects.
Sec. 2806. Improved flood risk disclosure for military construction.
Sec. 2807. Prioritization of projects in annual report on unfunded
requirements for laboratory military construction projects.
Sec. 2808. Technical corrections and improvements to defense access road
resilience.
Sec. 2809. Military construction projects for child development centers
at military installations.
Sec. 2810. Prohibition on use of funds to reduce air base resiliency or
demolish protected aircraft shelters in the European theater
without creating a similar protection from attack.
Sec. 2811. Prohibition on use of funds to close or return certain bases
to the host nation.
Subtitle B--Real Property and Facilities Administration
Sec. 2821. Improved energy security for main operating bases in Europe.
Sec. 2822. Access to Department of Defense installations for
credentialed transportation workers.
Sec. 2823. Improved recording and maintaining of Department of Defense
real property data.
Subtitle C--Land Conveyances
Sec. 2831. Land conveyance, Hill Air Force Base, Ogden, Utah.
Sec. 2832. Release of interests retained in Camp Joseph T. Robinson,
Arkansas, for use of such land as a veterans cemetery.
Sec. 2833. Modification of authorized uses of certain property conveyed
by the United States in Los Angeles, California.
Sec. 2834. Transfer of administrative jurisdiction over certain parcels
of Federal land in Arlington, Virginia.
Subtitle D--Military Land Withdrawals
Sec. 2841. Public notice regarding upcoming periods of Secretary of the
Navy management of Shared Use Area of the Johnson Valley Off-
Highway Vehicle Recreation Area.
Subtitle E--White Sands National Park and White Sands Missile Range
Sec. 2851. White Sands Missile Range Land Enhancements.
Subtitle F--Other Matters
Sec. 2861. Installation and maintenance of fire extinguishers in
Department of Defense facilities.
Sec. 2862. Definition of community infrastructure for purposes of
military base reuse studies and community planning assistance.
Sec. 2863. Temporary authority for acceptance and use of contributions
for certain design and construction projects mutually
beneficial to the Department of Defense and the Republic of
Korea.
Sec. 2864. Black start exercises at military installations.
Sec. 2865. Pilot program to extend service life of roads and runways
under the jurisdiction of the Secretary of Defense.
Sec. 2866. Restrictions on rehabilitation of Over-the-Horizon
Backscatter Radar System receiving station, Modoc County,
California.
Sec. 2867. Designation of Sumpter Smith Joint National Guard Base.
Sec. 2868. Santa Ynez Band of Chumash Indians land affirmation.
Sec. 2869. Lands to be taken into trust as part of the reservation of
the Lytton Rancheria.
Sec. 2870. Little Shell Tribe of Chippewa Indians of Montana.
Sec. 2871. Sense of Congress on restoration of Tyndall Air Force Base.
Subtitle A--Military Construction Program
SEC. 2801. MILITARY INSTALLATION RESILIENCE PLANS AND PROJECTS.
(a) Inclusion of Military Installation Resilience Information in
Certain Installation Master Plans.--
(1) Requirement.--Section 2864 of title 10, United States Code,
is amended--
(A) in subsection (a)(1), by inserting ``military
installation resilience,'' after ``master planning,'';
(B) by redesignating subsections (c) and (d) as subsections
(e) and (f), respectively; and
(C) by inserting after subsection (b) the following new
subsection:
``(c) Military Installation Resilience Component.--To address
military installation resilience under subsection (a)(1), each
installation master plan shall discuss the following:
``(1) Risks and threats to military installation resilience
that exist at the time of the development of the plan and that are
projected for the future, including from extreme weather events,
mean sea level fluctuation, wildfires, flooding, and other changes
in environmental conditions.
``(2) Assets or infrastructure located on the military
installation vulnerable to the risks and threats described in
paragraph (1), with a special emphasis on assets or infrastructure
critical to the mission of the installation and the mission of
members of the armed forces.
``(3) Lessons learned from the impacts of extreme weather
events, including changes made to the military installation to
address such impacts, since the prior master plan developed under
this section.
``(4) Ongoing or planned infrastructure projects or other
measures, as of the time of the development of the plan, to
mitigate the impacts of the risks and threats described in
paragraph (1).
``(5) Community infrastructure and resources located outside
the installation (such as medical facilities, transportation
systems, and energy infrastructure) that are--
``(A) necessary to maintain mission capability or that
impact the resilience of the military installation; and
``(B) vulnerable to the risks and threats described in
paragraph (1).
``(6) Agreements in effect or planned, as of the time of the
development of the plan, with public or private entities for the
purpose of maintaining or enhancing military installation
resilience or resilience of the community infrastructure and
resources described in paragraph (5).
``(7) Projections from recognized governmental and scientific
entities such as the Census Bureau, the National Academies of
Sciences, the United States Geological Survey, and the United
States Global Change Research Office (or any similar successor
entities) with respect to future risks and threats (including the
risks and threats described in paragraph (1)) to the resilience of
any project considered in the installation master plan during the
50-year lifespan of the installation.''.
(2) Report on master plans.--Section 2864 of title 10, United
States Code, is amended by inserting after subsection (c), as added
by subsection (a), the following new subsection:
``(d) Report.--Not later than March 1 of each year, the Secretary
of Defense shall submit to the congressional defense committees a
report listing all master plans completed pursuant to this section in
the prior calendar year.''.
(b) Authority to Carry Out Military Installation Resilience
Projects.--
(1) In general.--Subchapter I of chapter 169 of title 10,
United States Code, is amended by adding at the end the following
new section:
``Sec. 2815. Military installation resilience projects
``(a) Projects Required.--The Secretary of Defense shall carry out
military construction projects for military installation resilience, in
accordance with section 2802 of this title.
``(b) Congressional Notification.--(1) When a decision is made to
carry out a project under this section, the Secretary of Defense shall
notify the congressional defense committees of that decision.
``(2) The Secretary of Defense shall include in each notification
submitted under paragraph (1) the rationale for how the project would--
``(A) enhance military installation resilience;
``(B) enhance mission assurance;
``(C) support mission critical functions; and
``(D) address known vulnerabilities.
``(c) Timing of Projects.--A project may be carried out under this
section only after the end of the 14-day period beginning on the date
that notification with respect to that project under subsection (b) is
received by the congressional defense committees in an electronic
medium pursuant to section 480 of this title.
``(d) Annual Report.--Not later than 90 days after the end of each
fiscal year until December 31, 2025, the Secretary of Defense shall
submit to the congressional defense committees a report on the status
of the planned and active projects carried out under this section
(including completed projects), and shall include in the report with
respect to each such project the following information:
``(1) The title, location, a brief description of the scope of
work, the original project cost estimate, and the current working
cost estimate.
``(2) The information provided under subsection (b)(2).
``(3) Such other information as the Secretary considers
appropriate.''.
(2) Clerical amendment.--The table of sections at the beginning
of chapter 169 of such title is amended by inserting after the item
relating to section 2814 the following new item:
``2815. Military installation resilience projects.''.
SEC. 2802. IMPROVED CONSULTATION WITH TRIBAL GOVERNMENTS WHEN PROPOSED
MILITARY CONSTRUCTION PROJECTS POTENTIALLY IMPACT INDIAN TRIBES.
Section 2802 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(f)(1) In addition to any other applicable consultation
requirement pursuant to law or Department of Defense policy, if a
proposed military construction project is likely to significantly
impact tribal lands, known sacred sites, or tribal treaty rights, the
Secretary concerned shall initiate consultation with the tribal
government of each impacted Indian tribe--
``(A) to determine the nature and extent of such impact;
``(B) to determine whether such impact can be avoided or
mitigated in the design and implementation of the project; and
``(C) if such impact cannot be avoided, to develop feasible
measures consistent with applicable law to mitigate the impact and
estimate the cost of the mitigation measures.
``(2) As part of the Department of Defense Form 1391 submitted to
the appropriate committees of Congress for a military construction
project covered by paragraph (1), the Secretary concerned, to the
extent possible at the time of such submission, shall include a
description of the current status of the consultation conducted under
such paragraph and specifically address each of the items specified in
subparagraphs (A), (B), and (C) of such paragraph.
``(3) The requirement under paragraph (1) does not affect the
obligation of the Secretary concerned to comply with any other
applicable consultation requirement pursuant to law or Department of
Defense policy.
``(4) In this subsection:
``(A) The term `Indian tribe' has the meaning given that term
in section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304).
``(B) The term `tribal government' means the recognized
governing body of an Indian tribe.
``(C) The term `sacred site' has the meaning given that term in
Executive Order No. 13007, as in effect on the date of the
enactment of the National Defense Authorization Act for Fiscal Year
2020.''.
SEC. 2803. INCREASED AUTHORITY FOR USE OF CERTAIN APPROPRIATIONS
AMOUNTS FOR RESTORATION OR REPLACEMENT OF DAMAGED OR DESTROYED
FACILITIES.
Section 2854(c)(3) of title 10, United States Code, is amended by
striking ``$50,000,000'' and inserting ``$100,000,000''.
SEC. 2804. AMENDMENT OF UNIFIED FACILITIES CRITERIA TO PROMOTE MILITARY
INSTALLATION RESILIENCE, ENERGY RESILIENCE, ENERGY AND CLIMATE
RESILIENCY, AND CYBER RESILIENCE.
(a) Amendment Required.--
(1) In general.--Not later than September 1, 2020, the
Secretary of Defense shall amend the Unified Facility Criteria
relating to military construction planning and design, to ensure
that building practices and standards of the Department of Defense
promote military installation resilience, energy resilience, energy
and climate resiliency, and cyber resilience.
(2) Considerations and consultation.--In preparing amendments
pursuant to paragraph (1), the Secretary of Defense--
(A) shall take into account historical data, current
conditions, and sea level rise projections; and
(B) may consult with the heads of other Federal departments
and agencies with expertise regarding military installation
resilience, energy resilience, energy and climate resiliency,
and cyber resilience.
(b) Conditional Availability of Funds.--Not more than 25 percent of
the funds authorized to be appropriated for fiscal year 2020 for
Department of Defense planning and design accounts relating to military
construction projects may be obligated until the date on which the
Secretary of Defense submits to the Committees on Armed Services of the
House of Representatives and the Senate a certification that the
Secretary--
(1) has initiated the amendment process required by subsection
(a)(1); and
(2) intends to complete such process by September 1, 2020.
(c) Update of Unified Facilities Criteria to Include Changing
Environmental Condition Projections.--Section 2805(c) of the Military
Construction Authorization Act for Fiscal Year 2019 (division B of
Public Law 115-232; 132 Stat. 2262; 10 U.S.C. 2864 note) is amended--
(1) by striking ``Not later than'' and inserting the following:
``(1) Fiscal year 2019.--Not later than'';
(2) in paragraph (1), as designated by paragraph (1), by
striking ``United Facilities Criteria (UFC) 2-100-01 and UFC 2-100-
02'' and inserting ``Unified Facilities Criteria (UFC) 1-200-01 and
UFC 1-200-02''; and
(3) by adding at the end the following new paragraph:
``(2) Fiscal year 2020.--
``(A) Amendments required.--Not later than 30 days after
the date of the enactment of the National Defense Authorization
Act for Fiscal Year 2020, the Secretary of Defense shall amend
the Unified Facilities Criteria as follows:
``(i) To require that installations of the Department
of Defense assess the risks from extreme weather and
related effects, and develop plans to address such risks.
``(ii) To require in the development of such Criteria
the use of--
``(I) land use change projections through the use
of land use and land cover modeling by the United
States Geological Survey; and
``(II) weather projections--
``(aa) from the United States Global Change
Research Program, including in the National Climate
Assessment; or
``(bb) from the National Oceanic and
Atmospheric Administration, if such projections are
more up-to-date than projections under item (aa).
``(iii) To require the Secretary of Defense to provide
guidance to project designers and master planners on how to
use weather projections.
``(iv) To require the use throughout the Department of
the Naval Facilities Engineering Command Climate Change
Installation Adaptation and Resilience planning handbook,
as amended (or similar publication of the Army Corps of
Engineers).
``(B) Notification.--If the Secretary of Defense determines
that a projection other than a projection described in
subparagraph (A)(ii) is more appropriate for use in amending
the Unified Facilities Criteria, the Secretary shall notify the
congressional defense committees of such determination, which
shall include the rationale underlying such determination and a
description of such other projection.''.
(d) Implementation of Unified Facilities Criteria Amendments.--
(1) Implementation.--Any Department of Defense Form 1391
submitted to Congress after September 1, 2020 shall comply with the
Unified Facility Criteria, as amended pursuant to this section.
(2) Certification.--Not later than March 1, 2021, the Secretary
of Defense shall certify to the Committees on Armed Services of the
House of Representatives and the Senate the completion and full
incorporation into military construction planning and design--
(A) amendments made pursuant to subsection (a); and
(B) amendments made pursuant to section 2805(c) of the
Military Construction Authorization Act for Fiscal Year 2019
(division B of Public Law 115-232; 132 Stat. 2262; 10 U.S.C.
2864 note), as amended by subsection (c).
(e) Annual Review.--Beginning with fiscal year 2022, and annually
thereafter, the Secretary of Defense shall conduct a review comparing
the Unified Facility Criteria and industry best practices, for the
purpose of ensuring that military construction building practices and
standards of the Department of Defense relating to military
installation resilience, energy resilience, energy and climate
resiliency, and cyber resilience remain up-to-date.
(f) Definitions.--In this section:
(1) The terms ``energy resilience'' and ``military installation
resilience'' have the meanings given those terms in section 101(e)
of title 10, United States Code.
(2) The term ``energy and climate resiliency'' has the meaning
given that term in section 2864 of title 10, United States Code.
SEC. 2805. MODIFICATION TO DEPARTMENT OF DEFENSE FORM 1391 REGARDING
CONSIDERATION OF POTENTIAL LONG-TERM ADVERSE ENVIRONMENTAL EFFECTS.
(a) Modification.--
(1) Certification requirement.--The Secretary of Defense shall
modify Department of Defense Form 1391 to require, with respect to
any proposed major or minor military construction project requiring
congressional notification or approval, the inclusion of a
certification by the Secretary of Defense or the Secretary of the
military department concerned that the proposed military
construction project takes into consideration--
(A) the potential adverse consequences of long-term changes
in environmental conditions, such as increasingly frequent
extreme weather events, that could affect the military
installation resilience of the installation for which the
military construction project is proposed; and
(B) building requirements in effect for the locality in
which the military construction project is proposed and
industry best practices that are developed to withstand extreme
weather events and other consequences of changes in
environmental conditions.
(2) Elements of certification.--As part of the certification
required by paragraph (1) for a proposed military construction
project, the Secretary concerned shall identify the potential
changes in environmental conditions, such as increasingly frequent
extreme weather events, considered and addressed under
subparagraphs (A) and (B) of paragraph (1).
(b) Relation to Recent Modification Requirement.--The modification
of Department of Defense Form 1391 required by subsection (a) is in
addition to, and expands upon, the modification of Department of
Defense Form 1391 with respect to flood risk disclosure for military
construction required by section 2805(a) of the Military Construction
Authorization Act for Fiscal Year 2019 (division B of Public Law 115-
232; 132 Stat. 2262; 10 U.S.C. 2802 note).
(c) Military Installation Resilience Defined.--In this section, the
term ``military installation resilience'' has the meaning given that
term in section 101(e)(8) of title 10, United States Code.
SEC. 2806. IMPROVED FLOOD RISK DISCLOSURE FOR MILITARY CONSTRUCTION.
(a) When Disclosure Required.--Section 2805(a)(1) of the Military
Construction Authorization Act for Fiscal Year 2019 (division B of
Public Law 115-232; 132 Stat. 2262; 10 U.S.C. 2802 note) is amended--
(1) in subparagraph (A), by inserting after ``hazard data'' the
following: ``, or will be impacted by projected current and future
mean sea level fluctuations over the lifetime of the project''; and
(2) in subparagraph (B), by inserting after ``floodplain'' the
following: ``or will be impacted by projected current and future
mean sea level fluctuations over the lifetime of the project''.
(b) Reporting Requirements.--Section 2805(a)(3) of the Military
Construction Authorization Act for Fiscal Year 2019 (division B of
Public Law 115-232; 132 Stat. 2262; 10 U.S.C. 2802 note) is amended--
(1) in the matter preceding the subparagraphs, by inserting
after ``floodplain'' the following: ``or are to be impacted by
projected current and future mean sea level fluctuations over the
lifetime of the project''; and
(2) by adding at the end the following new subparagraph:
``(D) A description of how the proposed project has taken
into account projected current and future mean sea level
fluctuations over the lifetime of the project.''.
(c) Mitigation Plan Assumptions.--Section 2805(a)(4) of the
Military Construction Authorization Act for Fiscal Year 2019 (division
B of Public Law 115-232; 132 Stat. 2262; 10 U.S.C. 2802 note) is
amended--
(1) in the matter preceding the subparagraphs--
(A) by inserting after ``floodplain'' the following: ``or
that will be impacted by projected current and future mean sea
level fluctuations over the lifetime of the project''; and
(B) by striking ``an additional'';
(2) in subparagraph (A)--
(A) by inserting ``an additional'' before ``2 feet''; and
(B) by striking ``and'' at the end of the subparagraph;
(3) in subparagraph (B)--
(A) by inserting ``an additional'' before ``3 feet''; and
(B) by striking the period at the end of the subparagraph
and inserting ``; and''; and
(4) by adding at the end the following new subparagraph:
``(C) any additional flooding that will result from
projected current and future mean sea level fluctuations over
the lifetime of the project.''.
SEC. 2807. PRIORITIZATION OF PROJECTS IN ANNUAL REPORT ON UNFUNDED
REQUIREMENTS FOR LABORATORY MILITARY CONSTRUCTION PROJECTS.
Section 2806 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 10 U.S.C. 222a note) is amended--
(1) by striking ``Assistant Secretary of Defense for Energy,
Installations, and Environment'' and inserting ``Under Secretary of
Defense for Acquisition and Sustainment'';
(2) by striking ``reporting'' and inserting ``report''; and
(3) by inserting ``in prioritized order, with specific accounts
and program elements identified,'' after ``evaluation
facilities,''.
SEC. 2808. TECHNICAL CORRECTIONS AND IMPROVEMENTS TO DEFENSE ACCESS
ROAD RESILIENCE.
Section 210 of title 23, United States Code, is amended--
(1) in subsection (a), by striking ``(a)(1) The Secretary'' and
all that follows through the end of paragraph (1) and inserting the
following:
``(a) Authorization.--
``(1) In general.--When defense access roads are certified to
the Secretary as important to the national defense by the Secretary
of Defense or such other official as the President may designate,
the Secretary is authorized, out of the funds appropriated for
defense access roads, to provide for--
``(A) the construction and maintenance of defense access
roads (including bridges, tubes, tunnels, and culverts or other
hydraulic appurtenances on those roads) to--
``(i) military reservations;
``(ii) defense industry sites;
``(iii) air or sea ports that are necessary for or are
planned to be used for the deployment or sustainment of
members of the Armed Forces, equipment, or supplies; or
``(iv) sources of raw materials;
``(B) the reconstruction or enhancement of, or improvements
to, those roads to ensure the continued effective use of the
roads, regardless of current or projected increases in mean
tides, recurrent flooding, or other weather-related conditions
or natural disasters; and
``(C) replacing existing highways and highway connections
that are shut off from general public use by necessary
closures, closures due to mean sea level fluctuation and
flooding, or restrictions at--
``(i) military reservations;
``(ii) air or sea ports that are necessary for or are
planned to be used for the deployment or sustainment of
members of the Armed Forces, equipment, or supplies; or
``(iii) defense industry sites.'';
(2) in subsection (b), by striking ``the construction and
maintenance of'' and inserting ``construction, reconstruction,
resurfacing, restoration, rehabilitation, and preservation of, or
enhancements to,'';
(3) in subsection (c)--
(A) by striking ``him'' and inserting ``the Secretary'';
(B) by striking ``construction, maintenance, and repair
work'' and inserting ``activities for construction,
maintenance, reconstruction, enhancement, improvement, and
repair'';
(C) by striking ``therein'' and inserting ``in those
areas''; and
(D) by striking ``condition for such training purposes and
for repairing the damage caused to such highways by the
operations of men and equipment in such training.'' and
inserting the following: ``condition for--
``(1) that training; and
``(2) repairing the damage to those highways caused by--
``(A) weather-related events, increases in mean high tide
levels, recurrent flooding, or natural disasters; or
``(B) the operations of men and equipment in such
training.'';
(4) in subsection (g)--
(A) by striking ``he'' and inserting ``the Secretary'';
(B) by striking ``construction which has been'' and
inserting ``construction and other activities''; and
(C) by striking ``upon his demand'' and inserting ``upon
demand by the Secretary''; and
(5) by striking subsection (i) and inserting the following:
``(i) Repair of Certain Damages and Infrastructure.--The funds
appropriated to carry out this section may be used to pay the cost of
repairing damage caused, or any infrastructure to mitigate a risk
posed, to a defense access road by recurrent or projected recurrent
flooding, sea level fluctuation, a natural disaster, or any other
current or projected change in applicable environmental conditions, if
the Secretary determines that continued access to a military
installation, defense industry site, air or sea port necessary for or
planned to be used for the deployment or sustainment of members of the
Armed Forces, equipment, or supplies, or to a source of raw materials,
has been or is projected to be impacted by those events or
conditions.''.
SEC. 2809. MILITARY CONSTRUCTION PROJECTS FOR CHILD DEVELOPMENT CENTERS
AT MILITARY INSTALLATIONS.
(a) Authorization of Additional Projects.--In addition to any other
military construction projects authorized under this Act, the Secretary
of the military department concerned may carry out military
construction projects for child development centers at military
installations, as specified in the funding table in section 4601.
(b) Requiring Report as Condition of Authorization.--
(1) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary concerned shall submit to the
congressional defense committees a report that describes the
location, title, and cost, together with a Department of Defense
Form 1391, for each project the Secretary concerned proposes to
carry out under this section.
(2) Timing of availability of funds.--No funds may be obligated
or expended for a project under this section--
(A) unless the project is included in the report submitted
under paragraph (1); and
(B) until the expiration of the 30-day period beginning on
the date on which the Secretary concerned submits the report
under paragraph (1).
(c) Expiration of Authorization.--Section 2002 shall apply with
respect to the authorization of a military construction project under
this section in the same manner as such section applies to the
authorization of a project contained in titles XXI through XXX.
SEC. 2810. PROHIBITION ON USE OF FUNDS TO REDUCE AIR BASE RESILIENCY OR
DEMOLISH PROTECTED AIRCRAFT SHELTERS IN THE EUROPEAN THEATER WITHOUT
CREATING A SIMILAR PROTECTION FROM ATTACK.
No funds authorized to be appropriated by this Act for fiscal year
2020 for the Department of Defense may be obligated or expended to
implement any activity that reduces air base resiliency or demolishes
protected aircraft shelters in the European theater, and the Department
may not otherwise implement any such activity, without creating a
similar protection from attack in the European theater until such time
as the Secretary of Defense certifies to the congressional defense
committees that protected aircraft shelters are not required in the
European theater.
SEC. 2811. PROHIBITION ON USE OF FUNDS TO CLOSE OR RETURN CERTAIN BASES
TO THE HOST NATION.
No funds authorized to be appropriated by this Act for fiscal year
2020 for the Department of Defense may be obligated or expended to
implement any activity that closes or returns to the host nation any
existing base under the European Consolidation Initiative, and the
Department shall not implement any such activity in fiscal year 2020,
until the Secretary of Defense certifies that there is no longer a need
for a rotational military presence in the European theater.
Subtitle B--Real Property and Facilities Administration
SEC. 2821. IMPROVED ENERGY SECURITY FOR MAIN OPERATING BASES IN EUROPE.
(a) Prohibition on Use of Certain Energy Source.--The Secretary of
Defense shall ensure that each contract for the acquisition of
furnished energy for a covered military installation in Europe does not
use any energy sourced from inside the Russian Federation as a means of
generating the furnished energy for the covered military installation.
(b) Waiver for National Security Interests.--
(1) Waiver authority; certification.--The Secretary of Defense
may waive application of subsection (a) to a specific contract for
the acquisition of furnished energy for a covered military
installation if the Secretary certifies to the congressional
defense committees that--
(A) the waiver of such subsection is necessary to ensure an
adequate supply of furnished energy for the covered military
installation; and
(B) the Secretary has balanced these national security
requirements against the potential risk associated with
reliance upon the Russian Federation for furnished energy.
(2) Submission of waiver notice.--Not later than 14 days before
the execution of any energy contract for which a waiver is granted
under paragraph (1), the Secretary of Defense shall submit to the
congressional defense committees notice of the waiver. The waiver
notice shall include the following:
(A) The rationale for the waiver, including the basis for
the certifications required by subparagraphs (A) and (B) of
paragraph (1).
(B) An assessment of how the waiver may impact the European
energy resiliency strategy.
(C) An explanation of the measures the Department of
Defense is taking to mitigate the risk of using Russian
Federation furnished energy.
(c) Definitions.--In this section:
(1) The term ``covered military installation'' means a military
installation in Europe identified by the Department of Defense as a
main operating base.
(2) The term ``furnished energy'' means energy furnished to a
covered military installation in any form and for any purpose,
including heating, cooling, and electricity.
(d) Conforming Repeal.--Section 2811 of the Military Construction
Authorization Act for Fiscal Year 2019 (division B of Public Law 115-
232; 132 Stat. 2266) is repealed.
SEC. 2822. ACCESS TO DEPARTMENT OF DEFENSE INSTALLATIONS FOR
CREDENTIALED TRANSPORTATION WORKERS.
Section 1050(a) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 113 note) is amended to
read as follows:
``(a) Access to Installations for Credentialed Transportation
Workers.--The Secretary of Defense, to the extent practicable, shall
ensure that the Transportation Worker Identification Credential is
accepted as a valid credential for unescorted access to Department of
Defense installations by transportation workers.''.
SEC. 2823. IMPROVED RECORDING AND MAINTAINING OF DEPARTMENT OF DEFENSE
REAL PROPERTY DATA.
(a) Initial Report.--Not later than 150 days after the date of the
enactment of this Act, the Undersecretary of Defense for Acquisition
and Sustainment shall submit to the congressional defense committees a
report that evaluates service-level best practices for recording and
maintaining real property data.
(b) Issuance of Guidance.--Not later than 300 days after the date
of the enactment of this Act, the Undersecretary of Defense for
Acquisition and Sustainment shall issue service-wide guidance on the
recording and collection of real property data based on the best
practices described in the report.
Subtitle C--Land Conveyances
SEC. 2831. LAND CONVEYANCE, HILL AIR FORCE BASE, OGDEN, UTAH.
(a) Conveyance Required.--The Secretary of the Air Force may
convey, for no monetary consideration, to the State of Utah or a
designee of the State of Utah (in this section referred to as the
``State'') all right, title, and interest of the United States in and
to a parcel of real property, including improvements thereon,
consisting of approximately 35 acres located at Hill Air Force Base
commonly known as the ``Defense Nontactical Generator and Rail Center''
and such real property adjacent to the Center as the parties consider
to be appropriate, for the purpose of permitting the State to construct
a new interchange for Interstate 15.
(b) Condition Precedent.--The conveyance authorized by subsection
(a) shall be contingent upon the relocation of the Defense Nontactical
Generator and Rail Center.
(c) Termination and Reentry.--If the State does not meet the
conditions required under subsection (d) by the date that is five years
after the date of the conveyance authorized by subsection (a), or such
later date as the Secretary of the Air Force and the State may agree is
reasonably necessary due to unexpected circumstances, the Secretary of
the Air Force may terminate such conveyance and reenter the property.
(d) Consideration and Conditions of Conveyance.--In consideration
of and as a condition to the conveyance authorized by subsection (a),
the State shall agree to the following:
(1) Not later than two years after the conveyance, the State
shall, at no cost to the United States Government--
(A) demolish all improvements and associated infrastructure
existing on the property; and
(B) conduct environmental cleanup and remediation of the
property, as required by law and approved by the Utah
Department of Environmental Quality, for the planned
redevelopment and use of the property.
(2) Not later than three years after the completion of the
cleanup and remediation under paragraph (1)(B), the State, at no
cost to the United States Government, shall construct on Hill Air
Force Base a new gate for vehicular and pedestrian traffic in and
out of Hill Air Force Base in compliance with all applicable
construction and security requirements and such other requirements
as the Secretary of the Air Force may consider necessary.
(3) That the State shall coordinate the demolition, cleanup,
remediation, design, redevelopment, and construction activities
performed pursuant to the conveyance under subsection (a) with the
Secretary of the Air Force, the Utah Department of Transportation,
and the Utah Department of Environmental Quality.
(e) Environmental Obligations.--The State shall not have any
obligation with respect to cleanup and remediation of an environmental
condition on the property to be conveyed under subsection (a) unless
the condition was in existence and known before the date of the
conveyance or the State exacerbates the condition which then requires
further remediation.
(f) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Air Force shall
require the State to cover costs to be incurred by the Secretary,
or to reimburse the Secretary for such costs incurred, to carry out
the conveyance under subsection (a), including survey costs, costs
for environmental documentation, and other administrative costs
related to the conveyance. If amounts are collected from the State
in advance of the Secretary incurring actual costs, and the amount
collected exceeds the costs actually incurred by the Secretary to
carry out the conveyance, the Secretary shall refund the excess
amount to the State.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund or
account that was used to cover the costs incurred by the Secretary
in carrying out the conveyance under subsection (a) or to an
appropriate fund or account currently available to the Secretary
for the purposes for which the costs were paid. Amounts so credited
shall be merged with amounts in such fund or account and shall be
available for the same purposes, and subject to the same conditions
and limitations, as amounts in such fund or account.
(g) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Secretary of the Air
Force and the State.
(h) Savings Provision.--Nothing in this section shall be construed
to affect or limit the application of, or any obligation to comply
with, any environmental law, including the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
SEC. 2832. RELEASE OF INTERESTS RETAINED IN CAMP JOSEPH T. ROBINSON,
ARKANSAS, FOR USE OF SUCH LAND AS A VETERANS CEMETERY.
(a) Release of Retained Interests.--
(1) In general.--With respect to a parcel of land at Camp
Joseph T. Robinson, Arkansas, consisting of approximately 141.52
acres that lies in a part of section 35, township 3 north, range 12
west, Pulaski County, Arkansas, and comprising a portion of the
property conveyed by the United States to the State of Arkansas for
training of the National Guard and for other military purposes
pursuant to ``An Act authorizing the transfer of part of Camp
Joseph T. Robinson to the State of Arkansas'', approved June 30,
1950 (64 Stat. 311, chapter 429), the Secretary of the Army may
release the terms and conditions imposed, and reversionary
interests retained, by the United States under section 2 of such
Act, and the right to reenter and use the property retained by the
United States under section 3 of such Act.
(2) Impact on other rights or interests.--The release of terms
and conditions and retained interests under paragraph (1) with
respect to the parcel described in such paragraph shall not be
construed to alter the rights or interests retained by the United
States with respect to the remainder of the real property conveyed
to the State of Arkansas under the Act described in such paragraph.
(b) Instrument of Release and Description of Property.--
(1) In general.--The Secretary of the Army may execute and file
in the appropriate office a deed of release, amended deed, or other
appropriate instrument reflecting the release of terms and
conditions and retained interests under subsection (a).
(2) Legal description.--The exact acreage and legal description
of the property described in subsection (a) shall be determined by
a survey satisfactory to the Secretary of the Army.
(c) Conditions on Release and Reversionary Interest.--
(1) Expansion of veterans cemetery and reversionary interest.--
(A) Expansion of veterans cemetery.--The State of Arkansas
may use the parcel of land described in subsection (a)(1) only
for the expansion of the Arkansas State Veterans Cemetery.
(B) Reversionary interest.--If the Secretary of the Army
determines at any time that the parcel of land described in
subsection (a)(1) is not being used in accordance with the
purpose specified in subparagraph (A), all right, title, and
interest in and to the land, including any improvements
thereto, shall, at the option of the Secretary, revert to and
become the property of the United States, and the United States
shall have the right of immediate entry onto such parcel.
(2) Additional terms and conditions.--The Secretary of the Army
may require in the instrument of release such additional terms and
conditions in connection with the release of terms and conditions
and retained interests under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
(d) Payment of Administrative Costs.--
(1) Payment required.--
(A) In general.--The Secretary of the Army may require the
State of Arkansas to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for costs incurred by
the Secretary, to carry out the release of terms and conditions
and retained interests under subsection (a), including survey
costs, costs related to environmental documentation, and other
administrative costs related to the release.
(B) Refund of amounts.--If amounts paid to the Secretary by
the State of Arkansas in advance under subparagraph (A) exceed
the costs actually incurred by the Secretary to carry out the
release, the Secretary shall refund the excess amount to the
State.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the Secretary
to carry out the release of terms and conditions and retained
interests under subsection (a) shall be credited to the fund or
account that was used to cover the costs incurred by the Secretary
in carrying out the release. Amounts so credited shall be merged
with amounts in such fund or account and shall be available for the
same purposes, and subject to the same conditions and limitations,
as amounts in such fund or account.
SEC. 2833. MODIFICATION OF AUTHORIZED USES OF CERTAIN PROPERTY CONVEYED
BY THE UNITED STATES IN LOS ANGELES, CALIFORNIA.
(a) In General.--Section 2 of Public Law 85-236 (71 Stat. 517) is
amended in the first sentence by inserting after ``for other military
purposes'' the following: ``and for purposes of meeting the needs of
the homeless (as that term is defined in section 103 of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11302))''.
(b) Modification of Use.--
(1) Application.--The State of California shall submit to the
Administrator of General Services an application for use of the
property conveyed by section 2 of Public Law 85-236 for purposes of
meeting the needs of the homeless in accordance with the amendment
made by subsection (a).
(2) Review of application.--Not later than 60 days after the
date of receipt of an application pursuant to paragraph (1), the
Administrator and the Secretary of Health and Human Services shall
jointly determine whether the use of the property described in the
application is a use for purposes of meeting the needs of the
homeless.
(3) Compatibility with military purposes.--Before executing any
instrument of modification of the deed of conveyance, the
Administrator and the Secretary shall request a review by the Chief
of the National Guard Bureau, in consultation with the Secretary of
the Army, to ensure that any modification of the use of the
property described in the application is compatible with the
current and anticipated future use of the property for training
members of the National Guard and other military purposes.
(4) Modification of instrument of conveyance.--If the Chief of
the National Guard Bureau determines pursuant to the review under
paragraph (3) that the modification of the use of the property
described in the application is compatible with the use of the
property for training members of the National Guard and other
military purposes, the Administrator shall execute and record in
the appropriate office an instrument of modification of the deed of
conveyance executed pursuant to Public Law 85-236 in order to
authorize such use of the property described in the application.
The instrument shall be filed within 60 days of such determination
and include such additional terms and conditions as the
Administrator considers appropriate to protect the interests of the
United States.
SEC. 2834. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER CERTAIN PARCELS
OF FEDERAL LAND IN ARLINGTON, VIRGINIA.
(a) Transfer to the Secretary of the Army.--
(1) Transfer.--Administrative jurisdiction over the parcel of
Federal land described in paragraph (2) is transferred from the
Secretary of the Interior to the Secretary of the Army.
(2) Description of land.--The parcel of Federal land referred
to in paragraph (1) is the approximately 16.09-acre parcel of land
in Arlington, Virginia, as depicted on the map entitled ``Arlington
National Cemetery, Memorial Ave-NPS Parcel'' and dated February 11,
2019.
(b) Transfer to the Secretary of the Interior.--
(1) Transfer.--Administrative jurisdiction over the parcel of
Federal land described in paragraph (2) is transferred from the
Secretary of the Army to the Secretary of the Interior.
(2) Description of land.--The parcel of Federal land referred
to in paragraph (1) is the approximately 1.04-acre parcel of land
in Arlington, Virginia, as depicted on the map entitled ``Arlington
National Cemetery-Chaffee NPS Land Swap'' and dated October 31,
2018.
(c) Land Surveys.--The exact acreage and legal description of a
parcel of Federal land described in subsection (a)(2) or (b)(2) shall
be determined by a survey satisfactory to the Secretary of the Army and
the Secretary of the Interior.
(d) Authority to Correct Errors.--The Secretary of the Army and the
Secretary of the Interior may correct any clerical or typographical
error in a map described in subsection (a)(2) or (b)(2).
(e) Terms and Conditions.--
(1) No reimbursement or consideration.--A transfer by
subsection (a)(1) or (b)(1) shall be without reimbursement or
consideration.
(2) Continued recreational access.--The use of a bicycle trail
or recreational access within a parcel of Federal land described in
subsection (a)(2) or (b)(2) in which the use or access is
authorized before the date of the enactment of this Act shall be
allowed to continue after the transfer of the applicable parcel of
Federal land by subsection (a)(1) or (b)(1).
(3) Management of parcel transferred to secretary of the
army.--
(A) In general.--The parcel of Federal land transferred to
the Secretary of the Army by subsection (a)(1) shall be
administered by the Secretary of the Army--
(i) as part of Arlington National Cemetery; and
(ii) in accordance with applicable law, including--
(I) regulations; and
(II) section 2409 of title 38, United States Code.
(B) Memorandum of understanding on operation of maintenance
of memorial.--
(i) In general.--The Secretary of the Army shall seek
to enter into a memorandum of understanding with the Women
in Military Service for America Memorial Foundation, Inc.,
to define roles and responsibilities for the shared
responsibility and resources for operation and maintenance
of the Women in Military Service for America Memorial and
the surrounding grounds.
(ii) Allocation of amounts.--The Secretary of the Army
may, pursuant to the memorandum of understanding described
in clause (i), allocate amounts to the foundation described
in that clause to support operation and maintenance of the
memorial described in that clause.
(4) Management of parcel transferred to secretary of the
interior.--The parcel of Federal land transferred to the Secretary
of the Interior by subsection (b)(1) shall be--
(A) included within the boundary of Arlington House, The
Robert E. Lee Memorial; and
(B) administered by the Secretary of the Interior--
(i) as part of the memorial referred to in subparagraph
(A); and
(ii) in accordance with applicable law (including
regulations).
Subtitle D--Military Land Withdrawals
SEC. 2841. PUBLIC NOTICE REGARDING UPCOMING PERIODS OF SECRETARY OF THE
NAVY MANAGEMENT OF SHARED USE AREA OF THE JOHNSON VALLEY OFF-HIGHWAY
VEHICLE RECREATION AREA.
(a) Public Notice Required.--Section 2942(b)(2) of the Military
Land Withdrawals Act of 2013 (title XXIX of Public Law 113-66; 127
Stat. 1036) is amended by adding at the end the following new
subparagraph:
``(D) Public notice.--Not later than one year before the
date on which a 30-day period of Secretary of the Navy
management of the Shared Use Area commences, the Secretary of
the Navy, acting through the Resource Management Group
established pursuant to section 2944, shall notify the public
of such date of commencement and the intention of the Armed
Forces to use the Shared Use Area for military training
purposes. The Secretary of the Navy, upon notice to the
Secretary of the Interior, may waive such public notice in the
event of an emergent military training requirement.''.
(b) Application of Amendment.--Subparagraph (D) of section
2942(b)(2) of the Military Land Withdrawals Act of 2013 (title XXIX of
Public Law 113-66; 127 Stat. 1036), as added by subsection (a), shall
apply to periods of Secretary of the Navy management of the Shared Use
Area of the Johnson Valley Off-Highway Vehicle Recreation Area under
such section that commence on or after January 1, 2021.
Subtitle E--White Sands National Park and White Sands Missile Range
SEC. 2851. WHITE SANDS MISSILE RANGE LAND ENHANCEMENTS.
(a) Definitions.--In this section:
(1) Map.--The term ``Map'' means the map entitled ``White Sands
National Park Proposed Boundary Revision & Transfer of Lands
Between National Park Service & Department of the Army'', numbered
142/136,271, and dated February 14, 2017.
(2) Military munitions.--The term ``military munitions'' has
the meaning given the term in section 101(e) of title 10, United
States Code.
(3) Missile range.--The term ``missile range'' means the White
Sands Missile Range, New Mexico, administered by the Secretary of
the Army.
(4) Monument.--The term ``Monument'' means the White Sands
National Monument, New Mexico, established by Presidential
Proclamation No. 2025 (54 U.S.C. 320301 note), dated January 18,
1933, and administered by the Secretary of the Interior.
(5) Munitions debris.--The term ``munitions debris'' has the
meaning given the term in volume 8 of the Department of Defense
Manual Number 6055.09-M entitled ``DoD Ammunitions and Explosives
Safety Standards'' and dated February 29, 2008 (as in effect on the
date of the enactment of this Act).
(6) Park.--The term ``Park'' means the White Sands National
Park established by subsection (b)(1).
(7) Public land order.--The term ``Public Land Order'' means
Public Land Order 833, dated May 21, 1952 (17 Fed. Reg. 4822).
(8) State.--The term ``State'' means the State of New Mexico.
(b) White Sands National Park.--
(1) Establishment.--To protect, preserve, and restore its
scenic, scientific, educational, natural, geological, historical,
cultural, archaeological, paleontological, hydrological, fish,
wildlife, and recreational values and to enhance visitor
experiences, there is established in the State the White Sands
National Park as a unit of the National Park System.
(2) Abolishment of white sands national monument.--
(A) Abolishment.--Due to the establishment of the Park, the
Monument is abolished.
(B) Incorporation.--The land and interests in land that
comprise the Monument are incorporated in, and shall be
considered to be part of, the Park.
(3) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
``White Sands National Monument'' shall be considered to be a
reference to the ``White Sands National Park''.
(4) Availability of funds.--Any funds available for the
Monument shall be available for the Park.
(5) Administration.--The Secretary of the Interior shall
administer the Park in accordance with--
(A) this subsection; and
(B) the laws generally applicable to units of the National
Park System, including section 100101(a), chapter 1003,
sections 100751(a), 100752, 100753, and 102101, and chapter
3201 of title 54, United States Code.
(6) World heritage list nomination.--
(A) County concurrence.--The Secretary of the Interior
shall not submit a nomination for the Park to be included on
the World Heritage List of the United Nations Educational,
Scientific and Cultural Organization unless each county in
which the Park is located concurs in the nomination.
(B) Army notification.--Before submitting a nomination for
the Park to be included on the World Heritage List of the
United Nations Educational, Scientific and Cultural
Organization, the Secretary of the Interior shall notify the
Secretary of the Army of the intent of the Secretary of the
Interior to nominate the Park.
(7) Effect.--Nothing in this subsection affects--
(A) valid existing rights (including water rights);
(B) permits or contracts issued by the Monument;
(C) existing agreements, including agreements with the
Department of Defense;
(D) the jurisdiction of the Department of Defense regarding
the restricted airspace above the Park; or
(E) the airshed classification of the Park under the Clean
Air Act (42 U.S.C. 7401 et seq.).
(c) Modification of Boundaries of White Sands National Park and
White Sands Missile Range.--
(1) Transfers of administrative jurisdiction.--
(A) Transfer of administrative jurisdiction to the
secretary of the interior.--
(i) In general.--Administrative jurisdiction over the
land described in clause (ii) is transferred from the
Secretary of the Army to the Secretary of the Interior.
(ii) Description of land.--The land referred to in
clause (i) is--
(I) the approximately 2,826 acres of land
identified as ``To NPS, lands inside current boundary''
on the Map; and
(II) the approximately 5,766 acres of land
identified as ``To NPS, new additions'' on the Map.
(B) Transfer of administrative jurisdiction to the
secretary of the army.--
(i) In general.--Administrative jurisdiction over the
land described in clause (ii) is transferred from the
Secretary of the Interior to the Secretary of the Army.
(ii) Description of land.--The land referred to in
clause (i) is the approximately 3,737 acres of land
identified as ``To DOA'' on the Map.
(2) Boundary modifications.--
(A) Park.--
(i) In general.--The boundary of the Park is revised to
reflect the boundary depicted on the Map.
(ii) Map.--
(I) In general.--The Secretary of the Interior, in
coordination with the Secretary of the Army, shall
prepare and keep on file for public inspection in the
appropriate office of the Secretary of the Interior a
map and a legal description of the revised boundary of
the Park.
(II) Effect.--The map and legal description under
subclause (I) shall have the same force and effect as
if included in this section, except that the Secretary
of the Interior may correct clerical and typographical
errors in the map and legal description.
(iii) Boundary survey.--As soon as practicable after
the date of the establishment of the Park and subject to
the availability of funds, the Secretary of the Interior
shall complete an official boundary survey of the Park.
(B) Missile range.--
(i) In general.--The boundary of the missile range and
the Public Land Order are modified to exclude the land
transferred to the Secretary of the Interior under
paragraph (1)(A) and to include the land transferred to the
Secretary of the Army under paragraph (1)(B).
(ii) Map.--The Secretary of the Interior shall prepare
a map and legal description depicting the revised boundary
of the missile range.
(C) Conforming amendment.--Section 2854 of the National
Defense Authorization Act for Fiscal Year 1997 (Public Law 104-
201; 54 U.S.C. 320301 note) is repealed.
(3) Administration.--
(A) Park.--The Secretary of the Interior shall administer
the land transferred under paragraph (1)(A) in accordance with
laws (including regulations) applicable to the Park.
(B) Missile range.--Subject to subparagraph (C), the
Secretary of the Army shall administer the land transferred to
the Secretary of the Army under paragraph (1)(B) as part of the
missile range.
(C) Infrastructure; resource management.--
(i) Range road 7.--
(I) Infrastructure management.--To the maximum
extent practicable, in planning, constructing, and
managing infrastructure on the land described in
subclause (III), the Secretary of the Army shall apply
low-impact development techniques and strategies to
prevent impacts within the missile range and the Park
from stormwater runoff from the land described in that
subclause.
(II) Resource management.--The Secretary of the
Army shall--
(aa) manage the land described in subclause
(III) in a manner consistent with the protection of
natural and cultural resources within the missile
range and the Park and in accordance with section
101(a)(1)(B) of the Sikes Act (16 U.S.C.
670a(a)(1)(B)), division A of subtitle III of title
54, United States Code, and the Native American
Graves Protection and Repatriation Act (25 U.S.C.
3001 et seq.); and
(bb) include the land described in subclause
(III) in the integrated natural and cultural
resource management plan for the missile range.
(III) Description of land.--The land referred to in
subclauses (I) and (II) is the land that is transferred
to the administrative jurisdiction of the Secretary of
the Army under paragraph (1)(B) and located in the area
east of Range Road 7 in--
(aa) T. 17 S., R. 5 E., sec. 31;
(bb) T. 18 S., R. 5 E.; and
(cc) T. 19 S., R. 5 E., sec. 5.
(ii) Fence.--
(I) In general.--The Secretary of the Army shall
continue to allow the Secretary of the Interior to
maintain the fence shown on the Map until such time as
the Secretary of the Interior determines that the fence
is unnecessary for the management of the Park.
(II) Removal.--If the Secretary of the Interior
determines that the fence is unnecessary for the
management of the Park under subclause (I), the
Secretary of the Interior shall promptly remove the
fence at the expense of the Department of the Interior.
(D) Research.--The Secretary of the Army and the Secretary
of the Interior may enter into an agreement to allow the
Secretary of the Interior to conduct certain research in the
area identified as ``Cooperative Use Research Area'' on the
Map.
(E) Military munitions and munitions debris.--
(i) Response action.--With respect to any Federal
liability, the Secretary of the Army shall remain
responsible for any response action addressing military
munitions or munitions debris on the land transferred under
paragraph (1)(A) to the same extent as on the day before
the date of the enactment of this Act.
(ii) Investigation of military munitions and munitions
debris.--
(I) In general.--The Secretary of the Interior may
request that the Secretary of the Army conduct 1 or
more investigations of military munitions or munitions
debris on any land transferred under paragraph (1)(A).
(II) Access.--The Secretary of the Interior shall
give access to the Secretary of the Army to the land
covered by a request under subclause (I) for the
purposes of conducting the 1 or more investigations
under that subclause.
(III) Limitation.--An investigation conducted under
this clause shall be subject to available
appropriations.
(iii) Applicable law.--Any activities undertaken under
this subparagraph shall be carried out in accordance with--
(I) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.);
(II) the purposes for which the Park was
established; and
(III) any other applicable law.
Subtitle F--Other Matters
SEC. 2861. INSTALLATION AND MAINTENANCE OF FIRE EXTINGUISHERS IN
DEPARTMENT OF DEFENSE FACILITIES.
The Secretary of Defense shall ensure that portable fire
extinguishers are installed and maintained in all Department of Defense
facilities, in accordance with requirements of national model fire
codes developed by the National Fire Protection Association and the
International Code Council that require redundancy and extinguishers
throughout occupancies regardless of the presence of other suppression
systems or alarm systems.
SEC. 2862. DEFINITION OF COMMUNITY INFRASTRUCTURE FOR PURPOSES OF
MILITARY BASE REUSE STUDIES AND COMMUNITY PLANNING ASSISTANCE.
Paragraph (4) of section 2391(e) of title 10, United States Code,
is amended to read as follows:
``(4)(A) The term `community infrastructure' means a project or
facility described in subparagraph (B) that--
``(i) is located off of a military installation; and
``(ii) is--
``(I) owned by a State or local government; or
``(II) a not-for-profit, member-owned utility service.
``(B) A project or facility described in this subparagraph is
any of the following:
``(i) Any transportation project.
``(ii) A school, hospital, police, fire, emergency
response, or other community support facility.
``(iii) A water, waste-water, telecommunications, electric,
gas, or other utility infrastructure project.''.
SEC. 2863. TEMPORARY AUTHORITY FOR ACCEPTANCE AND USE OF CONTRIBUTIONS
FOR CERTAIN DESIGN AND CONSTRUCTION PROJECTS MUTUALLY BENEFICIAL TO THE
DEPARTMENT OF DEFENSE AND THE REPUBLIC OF KOREA.
(a) Acceptance of Contributions.--
(1) In general.--The Secretary concerned may accept cash
contributions from the Republic of Korea to carry out the
following:
(A) The design and construction of the Black Hat
Intelligence Fusion Center, Camp Humphreys, Republic of Korea.
(B) The design of the Korean Air and Space Operations and
Intelligence Center, Osan Air Base, Republic of Korea.
(2) Cost-sharing agreement.--In the event the contribution
under paragraph (1) is insufficient to cover the entire cost of the
activity authorized under that paragraph, the Secretary concerned
shall enter into a cost-sharing agreement with the Republic of
Korea detailing the portion of the authorized activity that is to
be funded with the contribution and identifying sufficient other
funds to undertake the entire authorized activity.
(b) Establishment of Account.--Contributions accepted under
subsection (a) shall be placed in an account established by the
Secretary concerned and shall remain available until expended as
provided in such subsection.
(c) Notice.--
(1) In general.--Not later than 14 days before carrying out a
project using contributions accepted under subsection (a) for which
the estimated cost of the project will exceed the thresholds
prescribed by section 2805 of title 10, United States Code, the
Secretary concerned shall submit to the congressional defense
committees, the Committee on Foreign Relations of the Senate, and
the Committee on Foreign Affairs of the House of Representatives--
(A) a written notice of the decision to carry out the
project;
(B) a justification for the project; and
(C) the estimated cost of the project.
(2) Notice for projects that require cost sharing.--Not later
than 14 days before carrying out a project using contributions
accepted under subsection (a) for which a cost-sharing agreement is
entered into under paragraph (2) of such subsection, the Secretary
concerned shall submit to the congressional defense committees in
an electronic medium pursuant to section 480 of title 10, United
States Code--
(A) a written notice of the acceptance of the contributions
for the project;
(B) a copy of the Department of Defense Form 1391 for the
project;
(C) the estimated cost of the project; and
(D) details on the cost-sharing agreement with the Republic
of Korea.
(d) Expiration of Project Authority.--
(1) In general.--The authority to accept contributions and
carry out projects under this section expires on September 30,
2030.
(2) Continuation of projects.--The expiration of authority
under paragraph (1) does not prevent the continuation of any
project commenced before the date specified in that paragraph.
(e) Mutually Beneficial.--A project described in subsection (a)
shall be considered to be mutually beneficial if--
(1) the project is in support of a bilateral defense
cooperation agreement between the United States and the Republic of
Korea; or
(2) the Secretary concerned determines that the United States
may derive a benefit from the project, including--
(A) access to and use of facilities of the military forces
of the Republic of Korea;
(B) ability or capacity for future force posture; and
(C) increased interoperability between military forces of
the Department of Defense and the Republic of Korea.
(f) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in section
101(9) of title 10, United States Code.
SEC. 2864. BLACK START EXERCISES AT MILITARY INSTALLATIONS.
(a) Requirement.--Not later than September 30, 2020, the Secretary
of Defense shall conduct a black start exercise at three military
installations, at least one of which shall be a Joint Base. The
exercises shall be conducted at installations at which such an exercise
has not previously been conducted, for the purpose of identifying any
shortcomings in infrastructure, joint operations, joint coordination,
and security that would result from a loss of power at the
installation.
(b) Report.--Not later than June 1, 2020, the Secretary of Defense
shall submit to the congressional defense committees a report that
contains a discussion of lessons learned from black start exercises
conducted by the Secretary of Defense during the period beginning with
the first such exercise and ending on December 31, 2019, including the
three most recurring issues identified as a result of such exercises
with respect to infrastructure, joint coordination efforts, and
security.
(c) Black Start Exercise Defined.--In this section, the term
``black start exercise'' means, with respect to a military
installation, an exercise in which commercial utility power at the
installation is dropped before backup generation assets start, for the
purpose of--
(1) testing the ability of the backup systems to start,
transfer the load, and carry the load until commercial power is
restored;
(2) aligning stakeholders on critical energy requirements to
meet mission requirements;
(3) validating mission operation plans, such as continuity of
operations plans;
(4) identifying infrastructure interdependencies; and
(5) verifying backup electric power system performance.
SEC. 2865. PILOT PROGRAM TO EXTEND SERVICE LIFE OF ROADS AND RUNWAYS
UNDER THE JURISDICTION OF THE SECRETARY OF DEFENSE.
(a) Pilot Program Authorized.--The Secretary of Defense, in
consultation with the Secretary of Transportation, may carry out a
pilot program to design, build, and test technologies, techniques, and
materials in order to extend the service life of roads and runways
under the jurisdiction of the Secretary of Defense.
(b) Scope.--The pilot program under subsection (a) shall include
the following:
(1) The design, testing, and assembly of technologies and
systems suitable for pavement applications.
(2) Research, development, and testing of pavement materials
for use in different geographic areas in the United States.
(3) The design and procurement of platforms and equipment to
test the performance, cost, feasibility, and effectiveness of the
technologies, systems, and materials described in paragraphs (1)
and (2).
(c) Award of Contracts or Grants.--
(1) In general.--The Secretary of Defense may carry out the
pilot program under subsection (a) through the award of contracts
or grants for the designing, building, or testing of technologies,
techniques, and materials under the pilot program.
(2) Merit-based selection.--Any award of a contract or grant
under the pilot program under subsection (a) shall be made using
merit-based selection procedures.
(d) Report.--
(1) In general.--Not later than two years after the
commencement of the pilot program under subsection (a), the
Secretary of Defense shall submit to the congressional defense
committees a report on the pilot program.
(2) Contents.--The report under paragraph (1) with respect to
the pilot program shall include the following:
(A) An assessment of the effectiveness of activities under
the pilot program in improving the service life of roads and
runways under the jurisdiction of the Secretary.
(B) An analysis of the potential lifetime cost savings and
reduction in energy demands associated with the extended
service life of such roads and runways.
(e) Termination of Authority.--The pilot program under subsection
(a) shall terminate on September 30, 2024.
SEC. 2866. RESTRICTIONS ON REHABILITATION OF OVER-THE-HORIZON
BACKSCATTER RADAR SYSTEM RECEIVING STATION, MODOC COUNTY, CALIFORNIA.
(a) Restrictions.--Except as provided in subsection (b), the
Secretary of the Air Force may not use any funds or resources of the
Department of the Air Force to carry out the rehabilitation of the
obsolete Over-the-Horizon Backscatter Radar System receiving station
located in Modoc National Forest in the State of California.
(b) Exception for Removal of Perimeter Fence.--Notwithstanding
subsection (a), the Secretary of the Air Force may use funds and
resources of the Department of the Air Force--
(1) to remove the perimeter fence, which was treated with an
arsenic-based weatherproof coating, surrounding the Over-the-
Horizon Backscatter Radar System receiving station referred to in
such subsection; and
(2) to carry out the mitigation of soil contamination
associated with such fence.
(c) Sunset.--The restrictions in subsection (a) shall terminate on
the date of the enactment of the National Defense Authorization Act for
Fiscal Year 2025.
SEC. 2867. DESIGNATION OF SUMPTER SMITH JOINT NATIONAL GUARD BASE.
(a) Designation.--The Sumpter Smith Air National Guard Base in
Birmingham, Alabama, shall after the date of the enactment of this Act
be known and designated as the ``Sumpter Smith Joint National Guard
Base''.
(b) Reference.--Any reference in any law, regulation, map,
document, paper, or other record of the United States to the
installation referred to in subsection (a) shall be considered to be a
reference to the Sumpter Smith Joint National Guard Base.
SEC. 2868. SANTA YNEZ BAND OF CHUMASH INDIANS LAND AFFIRMATION.
(a) Short Title.--This section may be cited as the ``Santa Ynez
Band of Chumash Indians Land Affirmation Act of 2019''.
(b) Findings.--Congress finds the following:
(1) On October 13, 2017, the General Council of the Santa Ynez
Band of Chumash Indians voted to approve the Memorandum of
Agreement between the County of Santa Barbara and the Santa Ynez
Band of Chumash Indians regarding the approximately 1,427.28 acres
of land, commonly known as Camp 4, and authorized the Tribal
Chairman to sign the Memorandum of Agreement.
(2) On October 31, 2017, the Board of Supervisors for the
County of Santa Barbara approved the Memorandum of Agreement on
Camp 4 and authorized the Chair to sign the Memorandum of
Agreement.
(3) The Secretary of the Interior approved the Memorandum of
Agreement pursuant to section 2103 of the Revised Statutes (25
U.S.C. 81).
(c) Land to Be Taken Into Trust.--
(1) In general.--The approximately l,427.28 acres of land in
Santa Barbara County, CA described in paragraph (3), is hereby
taken into trust for the benefit of the Tribe, subject to valid
existing rights, contracts, and management agreements related to
easements and rights-of-way.
(2) Administration.--
(A) Administration.--The land described in paragraph (3)
shall be a part of the Santa Ynez Indian Reservation and
administered in accordance with the laws and regulations
generally applicable to the land held in trust by the United
States for an Indian tribe.
(B) Effect.--For purposes of certain California State laws
(including the California Land Conservation Act of 1965,
Government Code Section 51200, et seq.), placing the land
described in paragraph (3) into trust shall remove any
restrictions on the property pursuant to California Government
Code Section 51295 or any other provision of such Act.
(3) Legal description of lands transferred.--The lands to be
taken into trust for the benefit of the Tribe pursuant to this Act
are described as follows:
Legal Land Description/Site Location: Real property in the
unincorporated area of the County of Santa Barbara, State of
California, described as follows: PARCEL 1: (APN: 141-121-51 AND
PORTION OF APN 141-140-10) LOTS 9 THROUGH 18, INCLUSIVE, OF TRACT
18, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN
ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR
COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT TO THAT
CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS
INSTRUMENT NO. 01-105580 OF OFFICIAL RECORDS. PARCEL 2: (PORTION OF
APN: 141-140-10) LOTS 1 THROUGH 12, INCLUSIVE, OF TRACT 24, IN THE
COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP
SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE
RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT TO THAT
CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS
INSTRUMENT NO. 01-105581 OF OFFICIAL RECORDS. PARCEL 3: (PORTIONS
OF APNS: 141-230-23 AND 141-140-10) LOTS 19 AND 20 OF TRACT 18 AND
THAT PORTION OF LOTS 1, 2, 7, 8, 9, 10, AND 15 THROUGH 20,
INCLUSIVE, OF TRACT 16, IN THE COUNTY OF SANTA BARBARA, STATE OF
CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE
CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THAT LIES
NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE LAND GRANTED TO THE
STATE OF CALIFORNIA BY AN EXECUTOR'S DEED RECORDED APRIL 2, 1968 IN
BOOK 2227, PAGE 136 OF OFFICIAL RECORDS OF SAID COUNTY. THIS LEGAL
IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED
DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105582 OF OFFICIAL RECORDS.
PARCEL 4: (APN: 141-240-02 AND PORTION OF APN: 141-140-10) LOTS 1
THROUGH 12, INCLUSIVE, OF TRACT 25, IN THE COUNTY OF SANTA BARBARA,
STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS
OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS
MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THIS
LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE
RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105583 OF OFFICIAL
RECORDS. PARCEL 5: (PORTION OF APN: 141-230-23) THAT PORTION OF
LOTS 3 AND 6 OF TRACT 16, IN THE COUNTY OF SANTA BARBARA, STATE OF
CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE
CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THAT LIES
NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE LAND GRANTED TO THE
STATE OF CALIFORNIA BY AN EXECUTOR'S DEED RECORDED APRIL 2, 1968 IN
BOOK 2227, PAGE 136 OF OFFICIAL RECORDS OF SAID COUNTY. THIS LEGAL
IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED
DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105584 OF OFFICIAL RECORDS.
(4) Rules of construction.--Nothing in this section shall--
(A) enlarge, impair, or otherwise affect any right or claim
of the Tribe to any land or interest in land that is in
existence before the date of the enactment of this Act;
(B) affect any water right of the Tribe in existence before
the date of the enactment of this Act; or
(C) terminate or limit any access in any way to any right-
of-way or right-of-use issued, granted, or permitted before the
date of the enactment of this Act.
(5) Restricted use of transferred lands.--The Tribe may not
conduct, on the land described in paragraph (3) taken into trust
for the Tribe pursuant to this section, gaming activities--
(A) as a matter of claimed inherent authority; or
(B) under any Federal law, including the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.) and regulations
promulgated by the Secretary or the National Indian Gaming
Commission under that Act.
(6) Definitions.--For the purposes of this subsection:
(A) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(B) Tribe.--The term ``Tribe'' means the Santa Ynez Band of
Chumash Mission Indians.
SEC. 2869. LANDS TO BE TAKEN INTO TRUST AS PART OF THE RESERVATION OF
THE LYTTON RANCHERIA.
(a) Findings.--Congress finds the following:
(1) The Lytton Rancheria of California is a federally
recognized Indian tribe that lost its homeland after its
relationship to the United States was unjustly and unlawfully
terminated in 1958. The Tribe was restored to Federal recognition
in 1991, but the conditions of its restoration have prevented it
from regaining a homeland on its original lands.
(2) Congress needs to take action to reverse historic
injustices that befell the Tribe and that have prevented it from
regaining a viable homeland for its people.
(3) Prior to European contact there were as many as 350,000
Indians living in what is now the State of California. By the turn
of the 19th century, that number had been reduced to approximately
15,000 individuals, many of them homeless and living in scattered
bands and communities.
(4) The Lytton Rancheria's original homeland was purchased by
the United States in 1926 pursuant to congressional authority
designed to remedy the unique tragedy that befell the Indians of
California and provide them with reservations called Rancherias to
be held in trust by the United States.
(5) After the Lytton Rancheria lands were purchased by the
United States, the Tribe settled on the land and sustained itself
for several decades by farming and ranching.
(6) By the mid-1950s, Federal Indian policy had shifted back
towards a policy of terminating the Federal relationship with
Indian tribes. In 1958, Congress enacted the Rancheria Act of 1958
(72 Stat. 619), which slated 41 Rancherias in California, including
the Lytton Rancheria, for termination after certain conditions were
met.
(7) On August 1, 1961, the Federal Government terminated its
relationship with the Lytton Rancheria. This termination was
illegal because the conditions for termination under the Rancheria
Act had never been met. After termination was implemented, the
Tribe lost its lands and was left without any means of supporting
itself.
(8) In 1987, the Tribe joined three other tribes in a lawsuit
against the United States challenging the illegal termination of
their Rancherias. A Stipulated Judgment in the case, Scotts Valley
Band of Pomo Indians of the Sugar Bowl Rancheria v. United States,
No. C-86-3660 (N.D.Cal. March 22, 1991), restored the Lytton
Rancheria to its status as a federally recognized Indian tribe.
(9) The Stipulated Judgment provides that the Lytton Rancheria
would have the ``individual and collective status and rights''
which it had prior to its termination and expressly contemplated
the acquisition of trust lands for the Lytton Rancheria.
(10) The Stipulated Judgment contains provisions, included at
the request of the local county governments and neighboring
landowners, that prohibit the Lytton Rancheria from exercising its
full Federal rights on its original homeland in the Alexander
Valley.
(11) In 2000, approximately 9.5 acres of land in San Pablo,
California, was placed in trust status for the Lytton Rancheria for
economic development purposes.
(12) The Tribe has since acquired, from willing sellers at fair
market value, property in Sonoma County near the Tribe's historic
Rancheria. This property, which the Tribe holds in fee status, is
suitable for a new homeland for the Tribe.
(13) On a portion of the land to be taken into trust, which
portion totals approximately 124.12 acres, the Tribe plans to build
housing for its members and governmental and community facilities.
(14) A portion of the land to be taken into trust is being used
for viniculture, and the Tribe intends to develop more of the lands
to be taken into trust for viniculture. The Tribe's investment in
the ongoing viniculture operation has reinvigorated the vineyards,
which are producing high-quality wines. The Tribe is operating its
vineyards on a sustainable basis and is working toward
certification of sustainability.
(15) No gaming shall be conducted on the lands to be taken into
trust by this section.
(16) No gaming shall be conducted on any lands taken into trust
on behalf of the Tribe in Sonoma County after the date of the
enactment of this Act.
(17) By directing that these lands be taken into trust, the
United States will ensure that the Lytton Rancheria will finally
have a permanently protected homeland on which the Tribe can once
again live communally and plan for future generations. This action
is necessary to fully restore the Tribe to the status it had before
it was wrongfully terminated in 1961.
(18) The Tribe and County of Sonoma have entered into a
Memorandum of Agreement as amended in 2018 in which the County
agrees to the lands in the County being taken into trust for the
benefit of the Tribe in consideration for commitments made by the
Tribe.
(b) Definitions.--For the purpose of this section, the following
definitions apply:
(1) County.--The term ``County'' means Sonoma County,
California.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(3) Tribe.--The term ``Tribe'' means the Lytton Rancheria of
California.
(c) Lands to Be Taken Into Trust.--
(1) In general.--The land owned by the Tribe and generally
depicted on the map titled ``Lytton Fee Owned Property to be Taken
into Trust'' and dated May 1, 2015, is hereby taken into trust for
the benefit of the Tribe, subject to valid existing rights,
contracts, and management agreements related to easements and
rights-of-way.
(2) Lands to be made part of the reservation.--Lands taken into
trust under paragraph (1) shall be part of the Tribe's reservation
and shall be administered in accordance with the laws and
regulations generally applicable to property held in trust by the
United States for an Indian tribe.
(d) Gaming.--
(1) Lands taken into trust under this section.--Lands taken
into trust for the benefit of the Tribe under subsection (c) shall
not be eligible for gaming under the Indian Gaming Regulatory Act
(25 U.S.C. 2701 et seq.).
(2) Other lands taken into trust.--Lands taken into trust for
the benefit of the Tribe in Sonoma County after the date of the
enactment of this Act shall not be eligible for gaming under the
Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
(e) Applicability of Certain Law.--Notwithstanding any other
provision of law, the Memorandum of Agreement entered into by the Tribe
and the County concerning taking land in the County into trust for the
benefit of the Tribe, which was approved by the County Board of
Supervisors on March 10, 2015, and any addenda and supplement or
amendment thereto, is not subject to review or approval of the
Secretary in order to be effective, including review or approval under
section 2103 of the Revised Statutes (25 U.S.C. 81).
SEC. 2870. LITTLE SHELL TRIBE OF CHIPPEWA INDIANS OF MONTANA.
(a) Findings.--Congress finds that--
(1) the Little Shell Tribe of Chippewa Indians is a political
successor to signatories of the Pembina Treaty of 1863, under which
a large area of land in the State of North Dakota was ceded to the
United States;
(2) the Turtle Mountain Band of Chippewa of North Dakota and
the Chippewa-Cree Tribe of the Rocky Boy's Reservation of Montana,
which also are political successors to the signatories of the
Pembina Treaty of 1863, have been recognized by the Federal
Government as distinct Indian tribes;
(3) the members of the Little Shell Tribe continue to live in
the State of Montana, as their ancestors have for more than 100
years since ceding land in the State of North Dakota as described
in paragraph (1);
(4) in the 1930s and 1940s, the Tribe repeatedly petitioned the
Federal Government for reorganization under the Act of June 18,
1934 (25 U.S.C. 5101 et seq.) (commonly known as the ``Indian
Reorganization Act'');
(5) Federal agents who visited the Tribe and Commissioner of
Indian Affairs John Collier attested to the responsibility of the
Federal Government for the Tribe and members of the Tribe,
concluding that members of the Tribe are eligible for, and should
be provided with, trust land, making the Tribe eligible for
reorganization under the Act of June 18, 1934 (25 U.S.C. 5101 et
seq.) (commonly known as the ``Indian Reorganization Act'');
(6) due to a lack of Federal appropriations during the
Depression, the Bureau of Indian Affairs lacked adequate financial
resources to purchase land for the Tribe, and the members of the
Tribe were denied the opportunity to reorganize;
(7) in spite of the failure of the Federal Government to
appropriate adequate funding to secure land for the Tribe as
required for reorganization under the Act of June 18, 1934 (25
U.S.C. 5101 et seq.) (commonly known as the ``Indian Reorganization
Act''), the Tribe continued to exist as a separate community, with
leaders exhibiting clear political authority;
(8) the Tribe, together with the Turtle Mountain Band of
Chippewa of North Dakota and the Chippewa-Cree Tribe of the Rocky
Boy's Reservation of Montana, filed 2 law suits under the Act of
August 13, 1946 (60 Stat. 1049) (commonly known as the ``Indian
Claims Commission Act''), to petition for additional compensation
for land ceded to the United States under the Pembina Treaty of
1863 and the McCumber Agreement of 1892;
(9) in 1971 and 1982, pursuant to Acts of Congress, the tribes
received awards for the claims described in paragraph (8);
(10) in 1978, the Tribe submitted to the Bureau of Indian
Affairs a petition for Federal recognition, which is still pending
as of the date of enactment of this Act; and
(11) the Federal Government, the State of Montana, and the
other federally recognized Indian tribes of the State have had
continuous dealings with the recognized political leaders of the
Tribe since the 1930s.
(b) Definitions.--In this section:
(1) Member.--The term ``member'' means an individual who is
enrolled in the Tribe pursuant to subsection (f).
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(3) Tribe.--The term ``Tribe'' means the Little Shell Tribe of
Chippewa Indians of Montana.
(c) Federal Recognition.--
(1) In general.--Federal recognition is extended to the Tribe.
(2) Effect of federal laws.--Except as otherwise provided in
this section, all Federal laws (including regulations) of general
application to Indians and Indian tribes, including the Act of June
18, 1934 (25 U.S.C. 5101 et seq.) (commonly known as the ``Indian
Reorganization Act''), shall apply to the Tribe and members.
(d) Federal Services and Benefits.--
(1) In general.--Beginning on the date of enactment of this
Act, the Tribe and each member shall be eligible for all services
and benefits provided by the United States to Indians and federally
recognized Indian tribes, without regard to--
(A) the existence of a reservation for the Tribe; or
(B) the location of the residence of any member on or near
an Indian reservation.
(2) Service area.--For purposes of the delivery of services and
benefits to members, the service area of the Tribe shall be
considered to be the area comprised of Blaine, Cascade, Glacier,
and Hill Counties in the State of Montana.
(e) Reaffirmation of Rights.--
(1) In general.--Nothing in this section diminishes any right
or privilege of the Tribe or any member that existed before the
date of enactment of this Act.
(2) Claims of tribe.--Except as otherwise provided in this
section, nothing in this section alters or affects any legal or
equitable claim of the Tribe to enforce any right or privilege
reserved by, or granted to, the Tribe that was wrongfully denied
to, or taken from, the Tribe before the date of enactment of this
Act.
(f) Membership Roll.--
(1) In general.--As a condition of receiving recognition,
services, and benefits pursuant to this section, the Tribe shall
submit to the Secretary, by not later than 18 months after the date
of enactment of this Act, a membership roll consisting of the name
of each individual enrolled as a member of the Tribe.
(2) Determination of membership.--The qualifications for
inclusion on the membership roll of the Tribe shall be determined
in accordance with sections 1 through 3 of article 5 of the
constitution of the Tribe dated September 10, 1977 (including
amendments to the constitution).
(3) Maintenance of roll.--The Tribe shall maintain the
membership roll under this subsection.
(g) Acquisition of Land.--
(1) Homeland.--The Secretary shall acquire, for the benefit of
the Tribe, trust title to 200 acres of land within the service area
of the Tribe to be used for a tribal land base.
(2) Additional land.--The Secretary may acquire additional land
for the benefit of the Tribe pursuant to section 5 of the Act of
June 18, 1934 (25 U.S.C. 5108) (commonly known as the ``Indian
Reorganization Act'').
SEC. 2871. SENSE OF CONGRESS ON RESTORATION OF TYNDALL AIR FORCE BASE.
It is the sense of Congress that the Secretary of the Air Force
should--
(1) restore Tyndall Air Force Base to achieve military
installation resilience, as defined in section 101(e)(8) of title
10, United States Code; and
(2) use innovative construction methods, materials, designs,
and technologies in carrying out such restoration in order to
achieve efficiencies, cost savings, resiliency, and capability,
which may include--
(A) open architecture design to evolve with the national
defense strategy; and
(B) efficient ergonomic enterprise for members of the Air
Force in the 21st century.
TITLE XXIX--AUTHORIZATION OF OVERSEAS CONTINGENCY OPERATIONS MILITARY
CONSTRUCTION AND EMERGENCY MILITARY CONSTRUCTION
Subtitle A--Overseas Contingency Operations Military Construction
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition projects.
Sec. 2903. Authorized Air Force construction and land acquisition
projects.
Sec. 2904. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2905. Authorization of appropriations.
Subtitle B--Emergency Military Construction
Sec. 2911. Authorization of emergency Navy construction and land
acquisition projects.
Sec. 2912. Authorization of emergency Air Force construction and land
acquisition projects.
Sec. 2913. Authorization of emergency Army National Guard construction
and land acquisition projects.
Sec. 2914. Authorization of emergency Defense Agencies construction and
land acquisition projects.
Sec. 2915. Authorization of emergency supplemental appropriations for
military construction projects.
Subtitle A--Overseas Contingency Operations Military Construction
SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Authorization.--Subject to subsection (b), the Secretary of the
Army may acquire real property and carry out the military construction
projects for the installations outside the United States, and in the
amounts, set forth in the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Cuba............................................ Guantanamo Bay Naval Station............... $33,800,000
Worldwide Unspecified........................... European Deterrence Initiative: Various $78,412,000
Locations.................................
----------------------------------------------------------------------------------------------------------------
(b) Report Required as Condition of Authorization.--Not later than
90 days after the date of the enactment of this Act, the Secretary of
the Army shall submit to the congressional defense committees a report
containing a plan to carry out each military construction project
authorized in the final item in the table in subsection (a) for an
unspecified location for the European Deterrence Initiative. The plan
shall include a Department of Defense Form 1391 for each proposed
project. The Secretary may not commence a project until the report has
been submitted.
SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.
(a) Authorization.--Subject to subsection (b), the Secretary of the
Navy may acquire real property and carry out the military construction
projects for the installations outside the United States, and in the
amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Bahrain......................................... SW Asia.................................... $53,360,000
Italy........................................... Sigonella.................................. $77,400,000
Spain........................................... Rota....................................... $69,570,000
Worldwide Unspecified........................... European Deterrence Initiative: Various $36,211,000
Locations.................................
----------------------------------------------------------------------------------------------------------------
(b) Report Required as Condition of Authorization.--Not later than
90 days after the date of the enactment of this Act, the Secretary of
the Navy shall submit to the congressional defense committees a report
containing a plan to carry out each military construction project
authorized in the final item in the table in subsection (a) for an
unspecified location for the European Deterrence Initiative. The plan
shall include a Department of Defense Form 1391 for each proposed
project. The Secretary may not commence a project until the report has
been submitted.
SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Authorization.--Subject to subsection (b), the Secretary of the
Air Force may acquire real property and carry out the military
construction projects for the installations outside the United States,
and in the amounts, set forth in the following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Iceland......................................... Keflavik................................... $57,000,000
Jordan.......................................... Azraq...................................... $66,000,000
Spain........................................... Moron...................................... $8,500,000
Worldwide Unspecified........................... European Deterrence Initiative: Various $211,211,000
Locations.................................
----------------------------------------------------------------------------------------------------------------
(b) Report Required as Condition of Authorization.--Not later than
90 days after the date of the enactment of this Act, the Secretary of
the Air Force shall submit to the congressional defense committees a
report containing a plan to carry out each military construction
project authorized in the final item in the table in subsection (a) for
an unspecified location for the European Deterrence Initiative. The
plan shall include a Department of Defense Form 1391 for each proposed
project. The Secretary may not commence a project until the report has
been submitted.
SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
The Secretary of Defense may acquire real property and carry out
the military construction project for the installation outside the
United States, and in the amount, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Germany......................................... Gemersheim................................... $46,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2905. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2019, for the military construction
projects outside the United States authorized by this subtitle as
specified in the funding table in section 4602.
Subtitle B--Emergency Military Construction
SEC. 2911. AUTHORIZATION OF EMERGENCY NAVY CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Navy Authorization.--Subject to subsection (b), using amounts
appropriated pursuant to the authorization of appropriations in section
2915 and available for military construction projects inside the United
States as specified in the funding table in section 4603, the Secretary
of the Navy may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Navy Authorization
------------------------------------------------------------------------
Installation or
State or Location Location Amount
------------------------------------------------------------------------
California................... Naval Air $1,152,680,000
Weapons Station
China Lake.....
North Carolina............... Camp Lejeune.... $627,747,000
Marine Corps Air $66,551,000
Station Cherry
Point..........
NCAS New River.. $465,822,000
------------------------------------------------------------------------
(b) Report Required as a Condition of Authorization.--Not later
than 90 days after the date of the enactment of this Act, the Secretary
of the Navy shall submit to the congressional defense committees a
report containing a plan to carry out the military construction
projects authorized by this section. The plan shall include an
explanation of how each military construction project will incorporate
mitigation measures that reduce the threat from extreme weather events,
mean sea level fluctuation, flooding, and any other known environmental
threat to resilience, including a list of any areas in which there is a
variance from the local building requirements and an explanation of the
reason for the variance. The plan shall also include a Department of
Defense Form 1391 for each proposed project. The Secretary may not
commence a project until the report required from the Secretary has
been submitted.
SEC. 2912. AUTHORIZATION OF EMERGENCY AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Air Force Authorization.--Subject to subsection (b), using
amounts appropriated pursuant to the authorization of appropriations in
section 2915 and available for military construction projects inside
the United States as specified in the funding table in section 4603,
the Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations
inside the United States, and in the amounts, set forth in the
following table:
Air Force Authorization
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Florida...................... Tyndall Air $1,500,200,000
Force Base.....
Nebraska..................... Offutt Air Force $140,500,000
Base...........
Virginia..................... Joint Base $31,000,000
Langley-Eustis.
------------------------------------------------------------------------
(b) Report Required as Condition of Authorization.--Not later than
90 days after the date of the enactment of this Act, the Secretary of
the Air Force shall submit to the Committees on Armed Services of the
House of Representatives and the Senate a report containing a plan to
carry out the military construction projects authorized by this
section. The plan shall include an explanation of how each military
construction project will incorporate mitigation measures that reduce
the threat from extreme weather events, mean sea level fluctuation,
flooding, and any other known environmental threat to resilience,
including a list of any areas in which there is a variance from the
local building requirements and an explanation of the reason for the
variance. The plan shall also include a Department of Defense Form 1391
for each proposed project. The Secretary may not commence a project
until the report required from the Secretary has been submitted.
SEC. 2913. AUTHORIZATION OF EMERGENCY ARMY NATIONAL GUARD CONSTRUCTION
AND LAND ACQUISITION PROJECTS.
(a) Army National Guard Authorization.--Subject to subsection (b),
using amounts appropriated pursuant to the authorization of
appropriations in section 2915 and available for military construction
projects inside the United States as specified in the funding table in
section 4603, the Secretary of the Army may acquire real property and
carry out military construction projects for the installations or
locations inside the United States, and in the amounts, set forth in
the following table:
Army National Guard Authorization
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Louisiana....................................... Pineville.................................. $16,500,000
Nebraska........................................ Ashland.................................... $43,500,000
----------------------------------------------------------------------------------------------------------------
(b) Report Required as Condition of Authorization.--Not later than
90 days after the date of the enactment of this Act, the Secretary of
the Army shall submit to the congressional defense committees a report
containing a plan to carry out the military construction projects
authorized by this section. The plan shall include an explanation of
how each military construction project will incorporate mitigation
measures that reduce the threat from extreme weather events, mean sea
level fluctuation, flooding, and any other known environmental threat
to resilience, including a list of any areas in which there is a
variance from the local building requirements and an explanation of the
reason for the variance. The plan shall also include a Department of
Defense Form 1391 for each proposed project. The Secretary may not
commence a project until the report required from the Secretary has
been submitted.
SEC. 2914. AUTHORIZATION OF EMERGENCY DEFENSE AGENCIES CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
(a) Defense Agencies Authorization.--Subject to subsection (b),
using amounts appropriated pursuant to the authorization of
appropriations in section 2915 and available for military construction
projects inside the United States as specified in the funding table in
section 4603, the Secretary of Defense may acquire real property and
carry out the military construction project for the installation inside
the United States, and in the amount, set forth in the following table:
Defense Agencies Authorization
------------------------------------------------------------------------
Installation or
State or Location Location Amount
------------------------------------------------------------------------
North Carolina..................... Camp Lejeune......... $75,313,000
------------------------------------------------------------------------
(b) Report Required as a Condition of Authorization.--Not later
than 90 days after the date of the enactment of this Act, the Secretary
of Defense shall submit to the congressional defense committees a
report containing a plan to carry out the military construction project
authorized by this section. The plan shall include an explanation of
how the military construction project will incorporate mitigation
measures that reduce the threat from extreme weather events, mean sea
level fluctuation, flooding, and any other known environmental threat
to resilience, including a list of any areas in which there is a
variance from the local building requirements and an explanation of the
reason for the variance. The plan shall also include a Department of
Defense Form 1391 for the proposed project. The Secretary may not
commence the project until the report required from the Secretary has
been submitted.
SEC. 2915. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR
MILITARY CONSTRUCTION PROJECTS.
Funds are hereby authorized to be appropriated for the Department
of Defense for the military construction projects authorized by this
subtitle as specified in the funding table in section 4603, in such
amounts as may be designated as emergency requirements pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)).
TITLE XXX--MILITARY HOUSING PRIVATIZATION REFORM
Sec. 3001. Definitions.
Subtitle A--Addition of New Reform Subchapter
Sec. 3011. Improved accountability and oversight of privatized military
housing and protections and responsibilities for tenants of
privatized military housing.
Sec. 3012. Designation of Chief Housing Officer for privatized military
housing.
Sec. 3013. Additional requirements relating to contracts for privatized
military housing.
Sec. 3014. Additional requirements relating to management of privatized
military housing.
Sec. 3015. Consideration of contractor history in contracts for
privatized military housing.
Sec. 3016. Additional improvements for management of privatized military
housing.
Sec. 3017. Maintenance work order system for privatized military
housing.
Sec. 3018. Access by tenants of privatized military housing to
maintenance work order system.
Sec. 3019. Access by tenants to historical maintenance information for
privatized military housing.
Sec. 3020. Prohibition on requirement to disclose personally
identifiable information in certain requests for maintenance
of privatized military housing.
Sec. 3021. Treatment of incentive fees for landlords of privatized
military housing for failure to remedy a health or
environmental hazard.
Sec. 3022. Dispute resolution process for landlord-tenant disputes
regarding privatized military housing and requests to withhold
payments during dispute resolution process.
Sec. 3023. Investigation of reports of reprisals relating to privatized
military housing and congressional notification.
Sec. 3024. Prohibition on use of nondisclosure agreements in connection
with leases of privatized military housing.
Subtitle B--Other Amendatory Provisions
Sec. 3031. Installation of carbon monoxide detectors in military family
housing.
Sec. 3032. Authority to furnish certain services in connection with use
of alternative authority for acquisition and improvement of
military housing.
Sec. 3033. Treatment of breach of contract for privatized military
housing.
Sec. 3034. Modification to requirements for window fall prevention
devices in military family housing units.
Sec. 3035. Expansion of direct hire authority for Department of Defense
for childcare services providers for Department child
development centers to include direct hire authority for
installation military housing office personnel.
Sec. 3036. Modification of authority to make payments to lessors of
privatized military housing.
Sec. 3037. Technical correction to definition used to make payments to
lessors of privatized military housing.
Subtitle C--One-Time Reporting Requirements
Sec. 3041. 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. 3042. Plans for creation of councils on privatized military
housing.
Sec. 3043. Plan for establishment of Department of Defense jurisdiction
over off-base privatized military housing.
Sec. 3044. Inspector General review of Department of Defense oversight
of privatized military housing.
Sec. 3045. Information on legal services provided to members of the
Armed Forces harmed by health or environmental hazards at
military housing.
Subtitle D--Development of Housing Reform Standards and Processes
Sec. 3051. Uniform code of basic standards for privatized military
housing and plan to conduct inspections and assessments.
Sec. 3052. Tool for assessment of hazards in Department of Defense
housing.
Sec. 3053. Process to identify and address environmental health hazards
in Department of Defense housing.
Sec. 3054. Department of Defense policy on lead-based paint testing on
military installations.
Sec. 3055. Standard for minimum credentials for health and environmental
inspectors of privatized military housing.
Sec. 3056. Requirements relating to move-in, move-out, and maintenance
of privatized military housing.
Sec. 3057. Standardized documentation, templates, and forms for
privatized military housing.
Sec. 3058. Satisfaction survey for tenants of military housing.
Subtitle E--Other Housing Reform Matters
Sec. 3061. Radon testing of privatized military housing.
Sec. 3062. Mitigation of risks posed by certain items in military family
housing units.
Sec. 3063. Suspension of Resident Energy Conservation Program and
related programs for privatized military housing.
Sec. 3064. Department of the Army pilot program to build and monitor use
of single family homes.
SEC. 3001. DEFINITIONS.
(a) Definitions Generally.--In this title:
(1) The term ``landlord'' means an eligible entity that enters
into, or has entered into, a contract as a partner with the
Secretary concerned for the acquisition or construction of a
housing unit under subchapter IV of chapter 169 of title 10, United
States Code. The term includes any agent of the eligible entity or
any subsequent lessor who owns, manages, or is otherwise
responsible for a housing unit. The term does not include an entity
of the Federal Government.
(2) The term ``privatized military housing'' means military
housing provided under subchapter IV of chapter 169 of title 10,
United States Code.
(3) The term ``tenant'' means a member of the armed forces,
including a reserve component thereof in an active status, or a
dependent of a member of the armed forces who resides at a housing
unit, is a party to a lease for a housing unit, or is authorized to
act on behalf of the member under subchapters IV and V of chapter
169 of title 10, United States Code, in the event of the assignment
or deployment of a member.
(b) New and Revised Title 10 Definitions.--Section 2871 of title
10, United States Code, is amended--
(1) in paragraph (4), by adding at the end the following new
sentence: ``The fact that an agreement between an eligible entity
and the Secretary concerned is designated as an agreement rather
than a contract shall not be construed to exclude the agreement
from the term `contract' for purposes of this subchapter and
subchapter V.'';
(2) by redesignating paragraphs (7) and (8) as paragraphs (11)
and (13), respectively;
(3) by inserting after paragraph (6) the following new
paragraphs:
``(7) The term `housing document' means a document developed by
the Secretary of Defense under section 2890 of this title and known
as the Military Housing Privatization Initiative Tenant Bill of
Rights or the Military Housing Privatization Initiative Tenant
Responsibilities.
``(8) The term `housing unit' means a unit of family housing or
military unaccompanied housing acquired or constructed under this
subchapter.
``(9) The term `incentive fees' means any amounts payable to a
landlord for meeting or exceeding performance metrics as specified
in a contract with the Department of Defense.
``(10) The term `landlord' means an eligible entity that enters
into, or has entered into, a contract as a partner with the
Secretary concerned for the acquisition or construction of a
housing unit under this subchapter. The term includes any agent of
the eligible entity or any subsequent lessor who owns, manages, or
is otherwise responsible for a housing unit. The term does not
include an entity of the Federal Government.''; and
(4) by inserting after paragraph (11), as redesignated by
paragraph (2) of this subsection, the following new paragraph:
``(12) The term `tenant' means a member of the armed forces,
including a reserve component thereof in an active status, or a
dependent of a member of the armed forces who resides at a housing
unit, is a party to a lease for a housing unit, or is authorized to
act on behalf of the member under this subchapter and subchapter V
of this chapter in the event of the assignment or deployment of a
member.''.
(c) Conforming Amendments to Existing Definitions.--Section 2871 of
title 10, United States Code, is further amended in paragraphs (1),
(3), and (5) by striking ``military'' before ``housing units''.
Subtitle A--Addition of New Reform Subchapter
SEC. 3011. IMPROVED ACCOUNTABILITY AND OVERSIGHT OF PRIVATIZED MILITARY
HOUSING AND PROTECTIONS AND RESPONSIBILITIES FOR TENANTS OF PRIVATIZED
MILITARY HOUSING.
(a) Applicability of Definitions.--Section 2871 of title 10, United
States Code, as amended by section 3001, is further amended in the
matter preceding the paragraphs by inserting ``and subchapter V of this
chapter'' after ``this subchapter''.
(b) Military Housing Privatization Reforms.--Chapter 169 of title
10, United States Code, is amended by adding at the end the following
new subchapter:
``SUBCHAPTER V--OVERSIGHT OF LANDLORDS AND PROTECTIONS AND
RESPONSIBILITIES FOR TENANTS OF PRIVATIZED MILITARY HOUSING
``Sec. 2890. Rights and responsibilities of tenants of housing units
``(a) Development of Tenant Bill of Rights and Tenant
Responsibilities Documents.--(1) The Secretary of Defense shall develop
two separate documents, to be known as the Military Housing
Privatization Initiative Tenant Bill of Rights and the Military Housing
Privatization Initiative Tenant Responsibilities, for tenants of
housing units.
``(2) The Secretary of each military department shall ensure that
the housing documents are attached to each lease agreement for a
housing unit.
``(3) The rights and responsibilities contained in the housing
documents are not intended to be exclusive. The omission of a tenant
right or responsibility shall not be construed to deny the existence of
such a right or responsibility for tenants.
``(4) Each contract between the Secretary concerned and a landlord
shall incorporate the housing documents and guarantee the rights and
responsibilities of tenants who reside in housing units covered by the
contract.
``(5) The Secretary of Defense shall develop the housing documents
in coordination with the Secretaries of the military departments.
``(b) Elements of Tenant Bill of Rights.--At a minimum, the
Military Housing Privatization Initiative Tenant Bill of Rights shall
address the following rights of tenants of housing units:
``(1) The right to reside in a housing unit and community that
meets applicable health and environmental standards.
``(2) The right to reside in a housing unit that has working
fixtures, appliances, and utilities and to reside in a community
with well-maintained common areas and amenity spaces.
``(3) The right to be provided with a maintenance history of
the prospective housing unit before signing a lease, as provided in
section 2892a of this title.
``(4) The right to a written lease with clearly defined rental
terms to establish tenancy in a housing unit, including any
addendums and other regulations imposed by the landlord regarding
occupancy of the housing unit and use of common areas.
``(5) The right to a plain-language briefing, before signing a
lease and 30 days after move-in, by the installation housing office
on all rights and responsibilities associated with tenancy of the
housing unit, including information regarding the existence of any
additional fees authorized by the lease, any utilities payments,
the procedures for submitting and tracking work orders, the
identity of the military tenant advocate, and the dispute
resolution process.
``(6) The right to have sufficient time and opportunity to
prepare and be present for move-in and move-out inspections,
including an opportunity to obtain and complete necessary
paperwork.
``(7) The right to report inadequate housing standards or
deficits in habitability of the housing unit to the landlord, the
chain of command, and housing management office without fear of
reprisal or retaliation, as provided in subsection (e), including
reprisal or retaliation in the following forms:
``(A) Unlawful recovery of, or attempt to recover,
possession of the housing unit.
``(B) Unlawfully increasing the rent, decreasing services,
or increasing the obligations of a tenant.
``(C) Interference with a tenant's right to privacy.
``(D) Harassment of a tenant.
``(E) Refusal to honor the terms of the lease.
``(F) Interference with the career of a tenant.
``(8) The right of access to a military tenant advocate, as
provided in section 2894(b)(4) of this title, through the housing
management office of the installation of the Department at which
the housing unit is located.
``(9) The right to receive property management services
provided by a landlord that meet or exceed industry standards and
that are performed by professionally and appropriately trained,
responsive, and courteous customer service and maintenance staff.
``(10) The right to have multiple, convenient methods to
communicate directly with the landlord maintenance staff, and to
receive consistently honest, accurate, straightforward, and
responsive communications.
``(11) The right to have access to an electronic work order
system through which a tenant may request maintenance or repairs of
a housing unit and track the progress of the work.
``(12) With respect to maintenance and repairs to a housing
unit, the right to the following:
``(A) Prompt and professional maintenance and repair.
``(B) To be informed of the required time frame for
maintenance or repairs when a maintenance request is submitted.
``(C) In the case of maintenance or repairs necessary to
ensure habitability of a housing unit, to prompt relocation
into suitable lodging or other housing at no cost to the tenant
until the maintenance or repairs are completed.
``(13) The right to receive advice from military legal
assistance on procedures involving mechanisms for resolving
disputes with the property management company or property manager
to include mediation, arbitration, and filing claims against a
landlord.
``(14) The right to enter into a dispute resolution process, as
provided in section 2894 of this title, should all other methods be
exhausted and, in which case, a decision in favor of the tenant may
include a reduction in rent or an amount to be reimbursed or
credited to the tenant.
``(15) The right to have the tenant's basic allowance housing
payments segregated and held in escrow, with approval of a
designated commander, and not used by the property owner, property
manager, or landlord pending completion of the dispute resolution
process.
``(16) The right to have reasonable, advance notice of any
entrance by a landlord, installation housing staff, or chain of
command into the housing unit, except in the case of an emergency
or abandonment of the housing unit.
``(17) The right to not pay non-refundable fees or have
application of rent credits arbitrarily held.
``(18) The right to expect common documents, forms, and
processes for housing units will be the same for all installations
of the Department, to the maximum extent applicable without
violating local, State, and Federal regulations.
``(c) Elements of Tenant Responsibilities.--At a minimum, the
Military Housing Privatization Initiative Tenant Responsibilities shall
address the following responsibilities of tenants of housing units:
``(1) The responsibility to report in a timely manner any
apparent environmental, safety, or health hazards of the housing
unit to the landlord and any defective, broken, damaged, or
malfunctioning building systems, fixtures, appliances, or other
parts of the housing unit, the common areas, or related facilities.
``(2) The responsibility to maintain standard upkeep of the
housing unit as instructed by the housing management office.
``(3) The responsibility to conduct oneself as a tenant in a
manner that will not disturb neighbors, and to assume
responsibility for one's actions and those of a family member or
guest in the housing unit or common areas.
``(4) The responsibility not to engage in any inappropriate,
unauthorized, or criminal activity in the housing unit or common
areas.
``(5) The responsibility to allow the landlord reasonable
access to the rental home in accordance with the terms of the
tenant lease agreement to allow the landlord to make necessary
repairs in a timely manner.
``(6) The responsibility to read all lease-related materials
provided by the landlord and to comply with the terms of the lease
agreement, lease addenda, and any associated rules and guidelines.
``(d) Submission to Congress and Public Availability.--(1) As part
of the budget submission for fiscal year 2021, and biennially
thereafter, the Secretary of Defense shall submit the then-current
housing documents to the congressional defense committees.
``(2) Any change made to a housing document must be submitted to
Congress at least 30 days before the change takes effect.
``(3) Upon submission of a housing document under paragraph (1) or
(2), the Secretary of Defense shall publish the housing document on a
publicly available Internet website of the Department of Defense.''.
(c) Clerical Amendments.--
(1) Table of sections.--Subchapter V of chapter 169 of title
10, United States Code, as added by subsection (b), is amended by
inserting after the subchapter heading the following table of
sections:
Sec.
2890. Rights and responsibilities of tenants of housing units.
2890a. Chief Housing Officer.
2891. Requirements relating to contracts for provision of housing units.
2891a. Requirements relating to management of housing units.
2891b. Considerations of eligible entity housing history in contracts
for privatized military housing.
2891c. Financial transparency.
2892. Maintenance work order system for housing units.
2892a. Access by tenants to historical maintenance information.
2892b. Prohibition on requirement to disclose personally identifiable
information in electronic requests for maintenance.
2893. Treatment of incentive fees for landlords of housing units for
failure to remedy health or environmental hazards.
2894. Landlord-tenant dispute resolution process and treatment of
certain payments during process.
2894a. Complaint database.
(2) Table of subchapters.--The table of subchapters at the
beginning of chapter 169 of title 10, United States Code, is
amended by inserting after the item relating to subchapter IV the
following new item:
``V. Oversight of Landlords and Protections and Responsibilities
for Tenants of Privatized Military Housing......................2890.''.
SEC. 3012. DESIGNATION OF CHIEF HOUSING OFFICER FOR PRIVATIZED MILITARY
HOUSING.
(a) Designation Required.--Subchapter V of chapter 169 of title 10,
United States Code, as added by section 3011, is amended by inserting
after section 2890 of such title, as added by section 3011 and amended
by sections 3023 and 3024, the following new section:
``Sec. 2890a. Chief Housing Officer
``(a) Designation.--(1) The Secretary of Defense shall designate,
from among officials of the Department of Defense who are appointed by
the President with the advice and consent of the Senate, a Chief
Housing Officer who shall oversee housing units.
``(2) The official of the Department of Defense designated as Chief
Housing Officer may be assigned duties in addition to the duties as
Chief Housing Officer under subsection (b).
``(b) Principal Duties.--(1) The Chief Housing Officer shall
oversee all aspects of the provision of housing under subchapter IV and
this subchapter, including the following:
``(A) Creation and standardization of policies and processes
regarding housing units.
``(B) Oversight of the administration of any Department of
Defense-wide policies regarding housing units, to include, in
coordination with the Secretaries of the military departments, the
housing documents developed pursuant to section 2890 of this title
entitled Military Housing Privatization Initiative Tenant Bill of
Rights and Military Housing Privatization Initiative Tenant
Responsibilities.
``(2) The duties specified in paragraph (1) may not be further
delegated.''.
(b) Notification of Designation.--Not later than 60 days after the
date of the enactment of this Act, the Secretary of Defense shall
notify the congressional defense committees of the official of the
Department of Defense designated as Chief Housing Officer under section
2890a of title 10, United States Code, as added by subsection (a). Any
time the designation of Chief Housing Officer changes, the Secretary of
Defense shall update the notification of the congressional defense
committees within 30 days after the new designation.
SEC. 3013. ADDITIONAL REQUIREMENTS RELATING TO CONTRACTS FOR PRIVATIZED
MILITARY HOUSING.
(a) In General.--Subchapter V of chapter 169 of title 10, United
States Code, as added by section 3011, is amended by inserting after
section 2890a of such title, as added by section 3012, the following
new section:
``Sec. 2891. Requirements relating to contracts for provision of
housing units
``(a) In General.--The requirements of this section condition
contracts entered into using the authorities provided to the Secretary
concerned under section 2872 of this title and other authorities
provided under subchapter IV of this chapter and this subchapter.
``(b) Exclusion of Certain Employees.--A landlord providing a
housing unit shall prohibit any employee of the landlord who commits
work-order fraud under the contract from doing any work under the
contract.
``(c) Dispute Resolution Process.--Any decision the commander
renders in favor of the tenant in the formal dispute resolution process
established pursuant to section 2894 of this title will be taken into
consideration in determining whether to pay or withhold all or part of
any incentive fees for which a landlord may otherwise be eligible under
the contract.
``(d) Responsibility for Certain Medical Costs.--
``(1) Reimbursement required under certain circumstances.--If
the Secretary concerned finds that a landlord fails to maintain
safe and sanitary conditions for a housing unit under the contract
and that, subject to paragraph (2), these conditions result in a
tenant of the housing unit receiving medical evaluations and
treatment, the landlord shall be responsible for reimbursing the
Department of Defense for any costs incurred by the Department to
provide the medical evaluations and treatment to the tenant,
whether such evaluations and treatment are provided in a military
medical treatment facility or through the TRICARE provider network.
``(2) Review process.--Before the Secretary concerned may
submit a claim under paragraph (1) to a landlord for reimbursement
of Department medical evaluation and treatment costs--
``(A) a military medical professional must determine that
the tenant's medical conditions were caused by unsafe and
unsanitary conditions of the housing unit; and
``(B) the documentation of the medical evaluation showing
causation must be sent to the Director of the Defense Health
Agency for review and approval.
``(3) Uniform processes and procedures.--Not later than 180
days after the date of the enactment of this section, the Director
of the Defense Health Agency shall develop and publish uniform
processes and procedures to be used by medical providers in
military medical treatment facilities to make determinations
regarding whether environmental hazards within housing units serve
as causative factors for medical conditions being evaluated and
treated in military medical treatment facilities or through the
TRICARE provider network.
``(e) Responsibility for Relocation Costs.--
``(1) Permanent relocation.--A landlord providing a housing
unit shall pay reasonable relocation costs associated with the
permanent relocation of a tenant from the housing unit to a
different housing due to health or environmental hazards--
``(A) present in the housing unit being vacated through no
fault of the tenant; and
``(B) confirmed by the housing management office of the
installation for which the housing unit is provided as making
the unit uninhabitable or unable to be remediated safely while
tenant occupies the housing unit.
``(2) Temporary relocation.--The landlord shall pay reasonable
relocation costs and actual costs of living, including per diem,
associated with the temporary relocation of a tenant to a different
housing unit due to health or environmental hazards--
``(A) present in the housing unit being vacated through no
fault of the tenant; and
``(B) confirmed by the housing management office of the
installation as making the unit uninhabitable or unable to be
remediated safely while tenant occupies the housing unit.
``(f) Maintenance Work Order System.--A landlord providing a
housing unit shall ensure that the maintenance work order system of the
landlord (hardware and software) is up to date, including--
``(1) by providing a reliable mechanism through which a tenant
may submit work order requests through an Internet portal and
mobile application, which shall incorporate the ability to upload
photos, communicate with maintenance personnel, and rate individual
service calls;
``(2) by allowing real-time access to such system by officials
of the Department at the installation, major subordinate command,
and service-wide levels; and
``(3) by allowing the work order or maintenance ticket to be
closed only once the tenant and the head of the housing management
office of the installation sign off.
``(g) Implementation.--The Secretary concerned shall create such
legal documents as may be necessary to carry out this section.''.
(b) Effective Date.--The requirements set forth in section 2891 of
title 10, United States Code, as added by subsection (a), shall apply
to appropriate legal documents entered into or renewed on or after the
date of the enactment of this Act between the Secretary of a military
department and a landlord regarding privatized military housing.
(c) Retroactive Landlord Agreements.--
(1) In general.--Not later than February 1, 2020, the Secretary
of Defense shall seek agreement from all landlords to accept the
application of the requirements set forth in section 2891 of title
10, United States Code, as added by subsection (a), to appropriate
legal documents entered into or renewed before the date of the
enactment of this Act between the Secretary of a military
department and a landlord regarding privatized military housing
(2) Submittal of list to congress.--Not later than March 1,
2020, the Secretary of Defense shall submit to the congressional
defense committees a list of any landlords that did not agree under
paragraph (1) to accept the requirements set forth in section 2891
of title 10, United States Code, as added by subsection (a).
(3) Consideration of lack of agreement in future contracts.--
The Secretary of Defense and the Secretaries of the military
departments shall include any lack of agreement under paragraph (1)
as past performance considered under section 2891b of title 10,
United States Code, as added by section 3015,with respect to
entering into or renewing any future contracts regarding privatized
military housing.
SEC. 3014. ADDITIONAL REQUIREMENTS RELATING TO MANAGEMENT OF PRIVATIZED
MILITARY HOUSING.
(a) In General.--Subchapter V of chapter 169 of title 10, United
States Code, as added by section 3011, is amended by inserting after
section 2891 of such title, as added by section 3013, the following new
section:
``Sec. 2891a. Requirements relating to management of housing units
``(a) In General.--The Secretary of Defense shall ensure that each
contract between the Secretary concerned and a landlord regarding the
management of housing units for an installation of the Department of
Defense includes the requirements set forth in this section.
``(b) Requirements for Installation Commanders.--(1) The
installation commander shall be responsible for--
``(A) reviewing, on an annual basis, the mold mitigation plan
and pest control plan of each landlord managing housing units for
the installation; and
``(B) notifying the landlord and the major subordinate command
of any deficiencies found in either plan.
``(2) In response to a request by the head of the housing
management office of an installation, the installation commander shall
use the assigned bio-environmental personnel or contractor equivalent
at the installation to test housing units for mold, unsafe water
conditions, and other health and safety conditions
``(c) Requirements for Housing Management Office.--(1) The head of
the housing management office of an installation shall be responsible
for--
``(A) conducting a physical inspection of, and approving the
habitability of, a vacant housing unit for the installation before
the landlord managing the housing unit is authorized to offer the
housing unit available for occupancy;
``(B) conducting a physical inspection of the housing unit upon
tenant move-out; and
``(C) maintaining all test results relating to the health,
environmental, and safety condition of the housing unit and the
results of any inspection conducted by the housing management
office, landlord, or third-party contractor for the life of the
contract relating to that housing unit.
``(2) The head of the installation housing management office shall
be provided a list of any move-out charges that a landlord seeks to
collect from an outgoing tenant.
``(3) The head of the installation housing management office shall
initiate contact with a tenant regarding the satisfaction of the tenant
with the housing unit of the tenant not later than--
``(A) 15 days after move-in; and
``(B) 60 days after move-in.
``(d) Requirements for Landlords.--(1) The landlord providing a
housing unit shall disclose to the Secretary of Defense any bonus
structures offered for community managers and regional executives and
any bonus structures relating to maintenance of housing units, in order
to minimize the impact of those incentives on the operating budget of
the installation for which the housing units are provided.
``(2) With respect to test results relating to the health and
safety condition of a housing unit, the landlord providing the housing
unit shall--
``(A) not later than three days after receiving the test
results, share the results with the tenant of the housing unit and
submit the results to the head of the installation housing
management office; and
``(B) include with any environmental hazard test results a
simple guide explaining those results, preferably citing standards
set forth by the Federal Government relating to environmental
hazards.
``(3) Before a prospective tenant signs a lease to occupy a housing
unit, the landlord providing the housing unit shall conduct a
walkthrough inspection of the housing unit--
``(A) for the prospective tenant; or
``(B) if the prospective tenant is not able to be present for
the inspection, with an official of the housing management office
designated by the prospective tenant to conduct the inspection on
the tenant's behalf.
``(4) In the event that the installation housing management office
determines that a housing unit does not meet minimum health, safety,
and welfare standards set forth in Federal, State, and local law as a
result of a walkthrough inspection or an inspection conducted under
subsection (c), the landlord providing the housing unit shall remediate
any issues and make any appropriate repairs to the satisfaction of the
housing management office and subject to another inspection by the
housing management office.
``(5) A landlord providing a housing unit may not conduct any
promotional events to encourage tenants to fill out maintenance comment
cards or satisfaction surveys of any kind, without the approval of the
chief of the housing management office.
``(6) A landlord providing a housing unit may not award an
installation of the Department of Defense or an officer or employee of
the Department a `Partner of the Year award' or similar award.
``(7) A landlord providing a housing unit may not enter into any
form of settlement, nondisclosure, or release of liability agreement
with a tenant without--
``(A) first notifying the tenant of the tenant's right to
assistance from the legal assistance office at the installation;
and
``(B) not later than five days before entering into such
settlement, nondisclosure, or release of liability agreement,
providing a copy of the agreement and terms to the Assistant
Secretary of Defense for Sustainment.
``(8) A landlord providing a housing unit may not change the
position of a prospective tenant on a waiting list for a housing unit
or remove a prospective tenant from the waiting list in response to the
prospective tenant turning down an offer for a housing unit, if the
housing unit is determined unsatisfactory by the prospective tenant and
the determination is confirmed by the housing management office and the
installation commander.
``(9) A landlord providing a housing unit shall allow employees of
the housing management office and other officers and employees of the
Department to conduct--
``(A) with the permission of the tenant of the housing unit as
appropriate, physical inspections of the housing unit; and
``(B) physical inspections of any common areas maintained by
the landlord.
``(10) A landlord providing a housing unit shall agree to
participate in the dispute resolution and payment-withholding processes
established pursuant to section 2894 of this title.
``(11) A landlord providing a housing unit shall ensure that the
needs of enrollees in the Exceptional Family Member Program, or any
successor program, are considered in assigning prospective tenants to
housing units provided by the landlord.
``(12) A landlord providing a housing unit shall maintain an
electronic work order system that enables access by the tenant to view
work order history, status, and other relevant information, as required
by section 2892 of this title.
``(13) A landlord providing a housing unit shall agree to have any
agreements or forms to be used by the landlord approved by the
Assistant Secretary of Defense for Sustainment, including the
following:
``(A) A common lease agreement.
``(B) Any disclosure or nondisclosure forms that could be given
to a tenant.
``(e) Prohibition Against Collection of Amounts in Addition to
Rent.--(1) A landlord providing a housing unit may not impose on a
tenant of the housing unit a supplemental payment, such as an out-of-
pocket fee, in addition to the amount of rent the landlord charges for
a unit of similar size and composition to the housing unit, without
regard to whether or not the amount of the any basic allowance for
housing under section 403 of title 37 the tenant may receive as a
member of the armed forces is less than the amount of the rent.
``(2) Nothing in paragraph (1) shall be construed--
``(A) to prohibit a landlord from imposing an additional
payment--
``(i) for optional services provided to military tenants,
such as access to a gym or a parking space;
``(ii) for non-essential utility services, as determined in
accordance with regulations promulgated by the Secretary
concerned; or
``(iii) to recover damages associated with tenant
negligence, consistent with subsection (c)(2); or
``(B) to limit or otherwise affect the authority of the
Secretary concerned to enter into rental guarantee agreements under
section 2876 of this title or to make differential lease payments
under section 2877 of this title, so long as such agreements or
payments do not require a tenant to pay an out-of-pocket fee or
payment in addition to the amount of the any basic allowance for
housing under section 403 of title 37 the tenant may receive as a
member of the armed forces.''.
(b) Military Department Implementation Plans.--Not later than
February 1, 2020, the Secretary of each military department shall
submit to the congressional defense committees a plan for the
implementation by that military department of section 2891a of title
10, United States Code, as added by subsection (a).
(c) Effective Date.--The requirements set forth in section 2891a of
title 10, United States Code, as added by subsection (a), shall apply
to appropriate legal documents entered into or renewed on or after the
date of the enactment of this Act between the Secretary of a military
department and a landlord regarding privatized military housing.
(d) Repeal of Replaced Provision.--
(1) Repeal.--Section 2886 of title 10, United States Code, is
repealed.
(2) Clerical amendment.--The table of sections at the beginning
of subchapter IV of chapter 169 of title 10, United States Code, is
amended by striking the item relating to section 2886.
(e) Retroactive Landlord Agreements.--
(1) In general.--Not later than February 1, 2020, the Secretary
of Defense shall seek agreement from all landlords to accept the
application of the requirements set forth in section 2891a of title
10, United States Code, as added by subsection (a), to appropriate
legal documents entered into or renewed before the date of the
enactment of this Act between the Secretary of a military
department and a landlord regarding privatized military housing
(2) Submittal of list to congress.--Not later than March 1,
2020, the Secretary of Defense shall submit to the congressional
defense committees a list of any landlords that did not agree under
paragraph (1) to accept the requirements set forth in section 2891a
of title 10, United States Code, as added by subsection (a).
(3) Consideration of lack of agreement in future contracts.--
The Secretary of Defense and the Secretaries of the military
departments shall include any lack of agreement under paragraph (1)
as past performance considered under section 2891b of title 10,
United States Code, as added by section 3015, with respect to
entering into or renewing any future contracts regarding privatized
military housing.
SEC. 3015. CONSIDERATION OF CONTRACTOR HISTORY IN CONTRACTS FOR
PRIVATIZED MILITARY HOUSING.
Subchapter V of chapter 169 of title 10, United States Code, as
added by section 3011, is amended by inserting after section 2891a of
such title, as added by section 3014, the following new section:
``Sec. 2891b. Considerations of eligible entity housing history in
contracts for privatized military housing
``(a) Consideration Required.--To assist in making a determination
whether to enter into a new contract, or renew an existing contract,
with an eligible entity, the Secretary of Defense shall develop a
standard process by which the Secretary concerned may evaluate the past
performance of the eligible entity for purposes of informing future
decisions regarding the award of such a contract.
``(b) Elements of Process.--The process developed under subsection
(a) shall include, at a minimum, consideration of the following:
``(1) Any history of the eligible entity of providing
substandard housing.
``(2) The recommendation of the commander of the installation
for which housing units will be provided under the contract.
``(3) The recommendation of the commander of any other
installation for which the eligible entity has provided housing
units.''.
SEC. 3016. ADDITIONAL IMPROVEMENTS FOR MANAGEMENT OF PRIVATIZED
MILITARY HOUSING.
(a) Improved Financial Transparency.--Subchapter V of chapter 169
of title 10, United States Code, as added by section 3011, is amended
by inserting after section 2891b of such title, as added by section
3015, the following new section:
``Sec. 2891c. Financial transparency
``(a) Submission of Landlord Financial Information.--(1) Not less
frequently than annually, the Secretary of Defense shall require that
each landlord submit to the Secretary a report providing information
regarding all housing units provided by the landlord.
``(2) Information provided under paragraph (1) by a landlord shall
include the following:
``(A) A comprehensive summary of the landlord's financial
performance.
``(B) The amount of base management fees relating to all
housing units provided by the landlord.
``(C) The amount of asset management fees relating to such
housing units.
``(D) The amount of preferred return fees relating to such
housing units.
``(E) The residual cashflow distributions relating to such
housing units.
``(F) The amount of deferred fees or other fees relating to
such housing units.
``(3) In this subsection:
``(A) The term `base management fees' means the monthly
management fees collected for services associated with accepting
and processing rent payments, ensuring tenant rent payments,
property inspections, maintenance management, and emergency
maintenance calls.
``(B) the term `asset management fees' means fees paid to
manage a housing unit for the purpose of ensuring the housing unit
is maintained in good condition and making repairs over the
lifecycle of the housing unit.
``(C) the term `preferred return fees' means fees associated
with any claims on profits furnished to preferred investors with an
interest in the housing unit.
``(D) the term `residual cashflow distribution' means the steps
a specific housing project takes to restructure after it is
determined that the project is in an unacceptable financial
condition.
``(E) the term `deferred fee' means any fee that was not paid
to a person in a calendar year in order to meet other financial
obligations of the landlord.
``(b) Availability of Information on Use of Incentive Fees.--(1)
Not less frequently than annually, the Secretary of Defense shall
publish, on a publicly accessible website, information regarding the
use by the Secretary concerned of incentive fees to support contracts
for the provision or management of housing units.
``(2) The information provided under paragraph (1) shall include,
with respect to each contract, the following:
``(A) The applicable incentive fees.
``(B) The metrics used to determine the incentive fees.
``(C) Whether incentive fees were paid in full, or were
withheld in part or in full, during the period covered by the
release of information.
``(D) If any incentive fees were withheld, the reasons for such
withholding.''.
(b) Establishment and Availability of Complaint Database.--
Subchapter V of chapter 169 of title 10, United States Code, as added
by section 3011, is amended by inserting after section 2894 of such
title, as added by section 3022, the following new section:
``Sec. 2894a. Complaint database
``(a) Database Required.--The Secretary of Defense shall establish
a database of complaints made regarding housing units.
``(b) Public Availability.--The database shall be available to the
public.
``(c) Inclusion of Tenant Complaints.--The Secretary of Defense
shall permit a tenant of a housing unit to file a complaint regarding
the housing unit for inclusion in the database.
``(d) Inclusion of Certain Information.--(1) Information accessible
in the database regarding a complaint shall include the following:
``(A) The name of the installation for which the housing unit
is provided.
``(B) The name of the landlord responsible for the housing
unit.
``(C) A description of the nature of the complaint.
``(2) The Secretary of Defense may not disclose personally
identifiable information through the database.
``(e) Response by Landlords.--(1) The Secretary of Defense shall
include in any contract with a landlord responsible for a housing unit
a requirement that the landlord respond in a timely manner to any
complaints included in the database that relate to the housing unit.
``(2) The Secretary shall include landlord responses in the
database.''.
(c) Audits of Financial Viability of Privatized Military Housing
Partnerships.--
(1) Audits required.--The Comptroller General of the United
States, in accordance with best audit practices, shall conduct an
audit of the financial viability of each partnership for the
provision of privatized military housing that the Comptroller
General determines were impacted by extreme weather events or other
natural disasters occurring during the 36-month period immediately
preceding the date of the enactment of this Act.
(2) Required information.--The audit under paragraph (1) shall
assess the following:
(A) The appropriateness of existing insurance caps
contained in contracts for privatized military housing.
(B) The structure of the cashflow waterfall, including the
impact of expenses relating to disaster recovery.
(3) Submission to congress.--Not later than February 1, 2021,
the Comptroller General shall submit to the Secretary of Defense
and the Committees on Armed Services of the Senate and the House of
Representatives a report containing the results of the audit
conducted under paragraph (1).
(d) Additional Information in Congressional Reports on Privatized
Military Housing.--Section 2884(c) of title 10, United States Code, is
amended by adding at the end the following new paragraphs:
``(7) An assessment of the condition of housing units based on
the average age of those units and the estimated time until
recapitalization.
``(8) An assessment of tenant complaints.
``(9) An assessment of maintenance response times and
completion of maintenance requests.
``(10) An assessment of the dispute resolution process, which
shall include a specific analysis of each denied tenant request to
withhold rent payments and each instance in which the dispute
resolution process resulted in a favorable outcome for the
landlord.
``(11) An assessment of overall customer service for tenants.
``(12) A description of the results of any no-notice housing
inspections conducted.
``(13) The results of any resident surveys conducted.
``(14) With regard to issues of lead-based paint in housing
units, a summary of data relating to the presence of lead-based
paint in such housing units, including the following by military
department:
``(A) The total number of housing units containing lead-
based paint.
``(B) A description of the reasons for the failure to
inspect any housing unit that contains lead-based paint.
``(C) A description of all abatement or mitigation efforts
completed or underway in housing units containing lead-based
paint.
``(D) A certification as to whether military housing under
the jurisdiction of the Secretary concerned complies with
requirements relating to lead-based paint, lead-based paint
activities, and lead-based paint hazards, as described in
section 408 of the Toxic Substances Control Act (15 U.S.C.
2688).''.
SEC. 3017. MAINTENANCE WORK ORDER SYSTEM FOR PRIVATIZED MILITARY
HOUSING.
Subchapter V of chapter 169 of title 10, United States Code, as
added by section 3011, is amended by inserting after section 2891c of
such title, as added by section 3016(a), the following new section:
``Sec. 2892. Maintenance work order system for housing units
``(a) Electronic Work Order System Required.--The Secretary of
Defense shall require that each landlord of a housing unit have an
electronic work order system to track all maintenance requests relating
to the housing unit.
``(b) Access by Department Personnel.--The Secretary of Defense
shall require each landlord of a housing unit to provide access to the
maintenance work order system of the landlord relating to the housing
unit to the following persons:
``(1) Personnel of the housing management office at the
installation for which the housing unit is provided.
``(2) Personnel of the installation and engineer command or
center of the military department concerned.
``(3) Such other personnel of the Department of Defense as the
Secretary determines necessary.''.
SEC. 3018. ACCESS BY TENANTS OF PRIVATIZED MILITARY HOUSING TO
MAINTENANCE WORK ORDER SYSTEM.
Section 2892 of title 10, United States Code, as added by section
3017, is amended by adding at the end the following new subsection:
``(c) Access by Tenants.--The Secretary of Defense shall require
each landlord of a housing unit to provide access to the maintenance
work order system of the landlord relating to the housing unit to the
tenant of the housing unit to permit the tenant, at a minimum, to track
the status and progress of work orders for maintenance requests
relating to the housing unit.''.
SEC. 3019. ACCESS BY TENANTS TO HISTORICAL MAINTENANCE INFORMATION FOR
PRIVATIZED MILITARY HOUSING.
Subchapter V of chapter 169 of title 10, United States Code, as
added by section 3011, is amended by inserting after section 2892, as
added by section 3017 and amended by section 3018, the following new
section:
``Sec. 2892a. Access by tenants to historical maintenance information
``The Secretary concerned shall require each eligible entity or
subsequent landlord that offers for lease a housing unit to provide to
a prospective tenant of the housing unit, before the prospective tenant
moves into the housing unit as a tenant, all information regarding
maintenance conducted with respect to that housing unit for the
previous seven years. In this section, the term `maintenance' includes
any renovations of the housing unit during such period.''.
SEC. 3020. PROHIBITION ON REQUIREMENT TO DISCLOSE PERSONALLY
IDENTIFIABLE INFORMATION IN CERTAIN REQUESTS FOR MAINTENANCE OF
PRIVATIZED MILITARY HOUSING.
(a) In General.--Subchapter V of chapter 169 of title 10, United
States Code, as added by section 3011, is amended by inserting after
section 2892a of such title, as added by section 3019, the following
new section:
``Sec. 2892b. Prohibition on requirement to disclose personally
identifiable information in requests for certain maintenance
``A landlord responsible for a housing unit may not require the
disclosure of personally identifiable information as a part of the
submission of a request for maintenance regarding a housing unit or
common area when the disclosure of personally identifiable information
is not needed to identify the location at which such maintenance will
be performed.''.
(b) Effective Date.--The prohibition in section 2892b of title 10,
United States Code, as added by subsection (a), shall take effect on
the date that is one year after the date of the enactment of this Act.
SEC. 3021. TREATMENT OF INCENTIVE FEES FOR LANDLORDS OF PRIVATIZED
MILITARY HOUSING FOR FAILURE TO REMEDY A HEALTH OR ENVIRONMENTAL
HAZARD.
Subchapter V of chapter 169 of title 10, United States Code, as
added by section 3011, is amended by inserting after section 2892b of
such title, as added by section 3020, the following new section:
``Sec. 2893. Treatment of incentive fees for landlords of housing units
for failure to remedy health or environmental hazards
``The Secretary concerned shall not approve the payment of
incentive fees otherwise authorized to be paid to a landlord that the
Secretary determines has demonstrated a propensity for failing to
remedy, or failing to remedy in a timely manner, a health or
environmental hazard at a housing unit provided by the landlord.''.
SEC. 3022. DISPUTE RESOLUTION PROCESS FOR LANDLORD-TENANT DISPUTES
REGARDING PRIVATIZED MILITARY HOUSING AND REQUESTS TO WITHHOLD PAYMENTS
DURING DISPUTE RESOLUTION PROCESS.
(a) In General.--Subchapter V of chapter 169 of title 10, United
States Code, as added by section 3011, is amended by inserting after
section 2893 of such title, as added by section 3021, the following new
section:
``Sec. 2894. Landlord-tenant dispute resolution process and treatment
of certain payments during process
``(a) Process Required; Purpose.--The Secretary concerned shall
implement a standardized formal dispute resolution process to ensure
the prompt and fair resolution of disputes that arise between landlords
providing housing units and tenants residing in housing units
concerning maintenance and repairs, damage claims, rental payments,
move-out charges, and such other issues relating to housing units as
the Secretary determines appropriate.
``(b) Process Elements.--(1) The dispute resolution process shall
include the process by which a tenant may request that certain payments
otherwise authorized to be paid to a landlord are withheld, as provided
in subsection (e).
``(2) The process shall designate the installation or regional
commander in charge of oversight of housing units as the deciding
authority under the dispute resolution process.
``(3) The Secretary concerned shall establish a standardized
mechanism and forms by which a tenant of a housing unit may submit,
through online or other means, a request for resolution of a landlord-
tenant dispute through the dispute resolution process.
``(4) The Secretary shall ensure that, in preparing a request
described in paragraph (3), a tenant has access to advice and
assistance from a military housing advocate employed by the military
department concerned or a military legal assistance attorney under
section 1044 of this title.
``(5) The Secretary concerned shall minimize costs to tenants for
participation in the dispute resolution process.
``(c) Resolution Process.--(1) Not later than 24 hours after
receiving a request from a tenant for resolution of a landlord-tenant
dispute through the dispute resolution process, the Secretary concerned
shall--
``(A) notify the tenant that the request has been received;
``(B) transmit a copy of the request to the installation or
regional commander (as the case may be), housing management office
responsible for the housing unit, and the landlord of the housing
unit; and
``(C) if the request includes a request to withhold payments
under subsection (e),initiate the process under such subsection.
``(2) For purposes of conducting an assessment necessary to render
a decision under the dispute resolution process, both the landlord and
representatives of the installation housing management office may
access the housing unit at a time and for a duration mutually agreed
upon amongst the parties.
``(3) Not later than seven days after the date on which the request
was received by the installation housing management office shall
complete an investigation that includes a physical inspection and
transmit the results of the investigation to the installation or
regional commander (as the case may be).
``(4) Before making any decision with respect to a dispute under
the dispute resolution process, the commander shall certify that the
commander has solicited recommendations or information relating to the
dispute from the following persons:
``(A) The chief of the installation housing management office.
``(B) A representative of the landlord for the housing unit.
``(C) The tenant submitting the request for dispute resolution.
``(D) A qualified judge advocate or civilian attorney who is a
Federal employee.
``(E) If the dispute involves maintenance or another
facilities-related matter, a civil engineer.
``(5)(A) The commander shall make a decision with respect to a
request under the dispute resolution process not later than 30 days
after the request was submitted.
``(B) The commander may take longer than such 30-day period in
limited circumstances as determined by the Secretary of Defense, but in
no case shall such a decision be made more than 60 days after the
request was submitted.
``(6) A final decision will be transmitted to the tenant and
landlord no later than 30 days from initial receipt by the office of
the commander, except as provided in paragraph (5)(B).
``(7) The decision shall include instructions for distribution of
any funds that were withheld under subsection (e) and such instructions
for the landlord for further remediation as the commander considers
necessary.
``(8) The decision by the commander under this subsection shall be
final.
``(d) Effect of Failure to Comply With Decision.--If the landlord
responsible for the housing unit does not remediate the issues in a
manner consistent with the instructions contained in the decision
rendered under subsection (c) and within a reasonable period of time,
as provided in the decision, any amounts payable to the landlord for
the housing unit shall be reduced by 10 percent for each period of five
days during which the issues remain unremediated.
``(e) Request to Withhold Payments During Resolution Process.--(1)
As part of the submission of a request for resolution of a landlord-
tenant dispute through the dispute resolution process, the tenant may
request that all or part of the payments described in paragraph (2) for
lease of the housing unit be withheld from the landlord of the housing
unit during the period in which--
``(A) the landlord has not met maintenance guidelines and
procedures established by the Department of Defense, either through
contract or otherwise; or
``(B) the housing unit is uninhabitable according to State and
local law for the jurisdiction in which the housing unit is
located.
``(2) Paragraph (1) applies to the following:
``(A) Any basic allowance for housing payable to the tenant
(including for any dependents of the tenant in the tenant's
household) under section 403 of title 37.
``(B) All or part of any pay of a tenant subject to allotment
as described in section 2882(c) of this title.
``(3) Upon the submission of a request by a tenant under this
subsection and under such procedures as the Secretary of Defense shall
establish, the Defense Finance and Accounting Service or such other
appropriate office of the Department of Defense as the Secretary shall
specify for purposes of such procedures, shall tentatively grant the
request and hold any amounts withheld in escrow with notice to the
landlord until the conclusion of the dispute resolution process.
``(f) Disclosure of Rights.--(1) Each housing management office of
the Department of Defense shall disclose in writing to each new tenant
of a housing unit, upon the signing of the lease for the housing unit,
the tenant's rights under this section and the procedures under this
section for submitting a request for resolution of a landlord-tenant
dispute through the dispute resolution process, including the ability
to submit a request to withhold payments during the resolution process.
``(2) The Secretary of Defense shall ensure that each lease entered
into with a tenant for a housing unit clearly expresses, in a separate
addendum, the dispute resolution procedures.
``(g) Rule of Construction on Use of Other Adjudicative Bodies.--
Nothing in this section or any other provision of law shall be
construed to prohibit a tenant of a housing unit from pursuing a claim
against a landlord in any adjudicative body with jurisdiction over the
housing unit or the claim.''.
(b) Modification of Definition of Military Legal Assistance.--
Section 1044(d)(3)(B) of title 10, United States Code, is amended by
striking ``and 1565b(a)(1)(A)'' and inserting ``1565b(a)(1)(A), and
2894(b)(4)''.
(c) Timing of Establishment.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall
establish the dispute resolution process required under section 2894 of
title 10, United States Code, as added by subsection (a).
(d) Landlord Agreements.--
(1) In general.--Not later than February 1, 2020, the Secretary
of Defense shall seek agreement from all landlords to participate
in the dispute resolution and payment-withholding processes
required under section 2894 of title 10, United States Code, as
added by subsection (a).
(2) Submittal of list to congress.--Not later than March 1,
2020, the Secretary of Defense shall submit to the congressional
defense committees a list of any landlords that did not agree under
paragraph (1) to participate in the dispute resolution and payment-
withholding processes.
(3) Consideration of lack of agreement in future contracts.--
The Secretary of Defense and the Secretaries of the military
departments shall include any lack of agreement under paragraph (1)
as past performance considered under section 2891b of title 10,
United States Code, as added by section 3015,with respect to
entering into or renewing any future contracts regarding privatized
military housing.
SEC. 3023. INVESTIGATION OF REPORTS OF REPRISALS RELATING TO PRIVATIZED
MILITARY HOUSING AND CONGRESSIONAL NOTIFICATION.
Section 2890 of title 10, United States Code, as added by section
3011, is amended by inserting after subsection (d) the following new
subsection:
``(e) Investigation of Reports of Reprisals.--(1) The Assistant
Secretary of Defense for Sustainment shall investigate all reports of
reprisal against a member of the armed forces for reporting an issue
relating to a housing unit.
``(2) If the Assistant Secretary of Defense for Sustainment
determines under paragraph (1) that landlord has retaliated against a
member of the armed forces for reporting an issue relating to a housing
unit, the Assistant Secretary shall--
``(A) provide initial notice to the Committees on Armed
Services of the Senate and the House of Representatives as soon as
practicable after making that determination; and
``(B) following that initial notice, provide an update to such
committees every 30 days thereafter until such time as the
Assistant Secretary has taken final action with respect to the
retaliation.
``(3) The Assistant Secretary of Defense for Sustainment shall
carry out this subsection in coordination with the Secretary of the
military department concerned.''.
SEC. 3024. PROHIBITION ON USE OF NONDISCLOSURE AGREEMENTS IN CONNECTION
WITH LEASES OF PRIVATIZED MILITARY HOUSING.
(a) Nondisclosure Agreements Prohibited.--Section 2890 of title 10,
United States Code, as added by section 3011, is amended by inserting
after subsection (e), as added by section 3023, the following new
subsection:
``(f) Prohibition on Use of Nondisclosure Agreements.--(1) A tenant
or prospective tenant of a housing unit may not be required to sign a
nondisclosure agreement in connection with entering into, continuing,
or terminating a lease for the housing unit. Any such agreement against
the interests of the tenant is invalid.
``(2) Paragraph (1) shall not apply to a nondisclosure agreement
executed as part of the settlement of litigation.''.
(b) Implementation.--The Secretary of Defense and the Secretaries
of the military departments shall promulgate such regulations as may be
necessary to give full force and effect to subsection (f) of section
2890 of title 10, United States Code, as added by subsection (a).
(c) Retroactive Application of Amendment.--Subsection (f) of
section 2890 of title 10, United States Code, as added by subsection
(a), shall apply with respect to any nondisclosure agreement covered by
the terms of such subsection (f) regardless of the date on which the
agreement was executed.
Subtitle B--Other Amendatory Provisions
SEC. 3031. INSTALLATION OF CARBON MONOXIDE DETECTORS IN MILITARY FAMILY
HOUSING.
Section 2821 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(e) The Secretary concerned shall provide for the installation
and maintenance of an appropriate number of carbon monoxide detectors
in each unit of military family housing under the jurisdiction of the
Secretary.''.
SEC. 3032. AUTHORITY TO FURNISH CERTAIN SERVICES IN CONNECTION WITH USE
OF ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY
HOUSING.
Section 2872a(b) of title 10, United States Code, is amended by
adding at the end the following new paragraphs:
``(13) Street sweeping.
``(14) Tree trimming and removal.''.
SEC. 3033. TREATMENT OF BREACH OF CONTRACT FOR PRIVATIZED MILITARY
HOUSING.
(a) In General.--Subchapter IV of chapter 169 of title 10, United
States Code, is amended by inserting after section 2872a the following
new section:
``Sec. 2872b. Treatment of breach of contract
``(a) Response to Material Breach.--In the case of a material
breach of contract under this subchapter by a party to the contract,
the Secretary concerned shall use the authorities available to the
Secretary, including withholding amounts to be paid under the contract,
to encourage the party to cure the breach.
``(b) Rescinding of Contract.--If a material breach of the contract
is not cured in a timely manner, as determined by the Secretary
concerned, the Secretary may--
``(1) rescind the contract pursuant to the terms of the
contract; and
``(2) prohibit the offending party from entering into a new
contract or undertaking expansions of other existing contracts, or
both, with the Secretary under this subchapter.''.
(b) Clerical Amendment.--The table of sections at the beginning of
subchapter IV of chapter 169 of title 10, United States Code, is
amended by inserting after the item relating to section 2872a the
following new item:
``2872b. Treatment of breach of contract.''.
SEC. 3034. MODIFICATION TO REQUIREMENTS FOR WINDOW FALL PREVENTION
DEVICES IN MILITARY FAMILY HOUSING UNITS.
(a) Fall Prevention Device Requirements.--Section 2879(a) of title
10, United States Code, is amended--
(1) in paragraph (1), by striking ``that protect against
unintentional window falls by young children and that are in
compliance with applicable International Building Code (IBC)
standards'' and inserting ``described in paragraph (3)'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``December 11, 2017''
and inserting ``October 1, 2019''; and
(B) in subparagraph (B), by striking ``September 1, 2018''
and inserting ``October 1, 2019''; and
(3) by adding at the end the following new paragraph:
``(3) Fall prevention device described.--A fall prevention
device is a window screen or guard that complies with applicable
standards in ASTM standard F2090-13 (or any successor standard).''.
(b) Modification to Window Description.--Section 2879(c) of title
10, United States Code, is amended by striking ``24'' and inserting
``42''.
(c) Conforming Amendment.--Section 2879(b)(1) of title 10, United
States Code, is amended by striking ``paragraph (1)'' and inserting
``paragraph (3)''.
SEC. 3035. EXPANSION OF DIRECT HIRE AUTHORITY FOR DEPARTMENT OF DEFENSE
FOR CHILDCARE SERVICES PROVIDERS FOR DEPARTMENT CHILD DEVELOPMENT
CENTERS TO INCLUDE DIRECT HIRE AUTHORITY FOR INSTALLATION MILITARY
HOUSING OFFICE PERSONNEL.
(a) In General.--Section 559 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1406; 10 U.S.C.
1792 note) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by inserting ``,
and individuals to fill vacancies in installation military
housing offices,'' after ``childcare services providers'';
(B) in paragraph (1), by inserting ``or for employees at
installation military housing offices'' before the semicolon;
and
(C) in paragraph (2), by inserting ``or for installation
military housing office employees'' before the period;
(2) by redesignating subsection (f) as subsection (g); and
(3) by inserting after subsection (e) the following new
subsection (f):
``(f) Installation Military Housing Office Defined.--The term
`installation military housing office' means any office whose primary
function is performing day-to-day supervision of military housing
covered by subchapter IV of chapter 169 of title 10, United States
Code.''.
(b) Heading and Technical Amendments.--
(1) Heading amendment.--The heading of such section is amended
to read as follows:
``SEC. 559. DIRECT HIRE AUTHORITY FOR DEPARTMENT OF DEFENSE FOR
CHILDCARE SERVICES PROVIDERS FOR DEPARTMENT CHILD DEVELOPMENT
CENTERS AND EMPLOYEES AT INSTALLATION MILITARY HOUSING
OFFICES.''.
(2) Technical amendment.--Subsection (d) of such section is
amended by striking ``Oversight and Government Reform'' and
inserting ``Oversight and Reform''.
(c) Use of Existing Regulations.--The Secretary of Defense shall
use the authority in section 559 of the National Defense Authorization
Act for Fiscal Year 2018 granted by the amendments made by this section
in a manner consistent with the regulations prescribed for purposes of
such section 559 pursuant to subsection (b) of such section 559,
without the need to prescribe separate regulations for the use of such
authority.
SEC. 3036. MODIFICATION OF AUTHORITY TO MAKE PAYMENTS TO LESSORS OF
PRIVATIZED MILITARY HOUSING.
(a) Modification of Payment Authority.--Subsection (a) of section
606 of the John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 132 Stat. 1795; 10 U.S.C. 2871 note) is
amended to read as follows:
``(a) Use of Funds in Connection With MHPI.--
``(1) Payments to lessors generally.--
``(A) Payment authority.--Each month beginning with the
first month after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2020, each Secretary
of a military department shall use funds, in an amount
determined under subparagraph (B), to make payments to lessors
of covered housing in the manner provided by this subsection,
as in effect on the day before the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2020.
``(B) Calculation of monthly payments.--For purposes of
making payments under subparagraph (A) for a month, the
Secretary of the military department concerned shall determine
the amount equal to 2.5 percent of the aggregate of the amounts
calculated under section 403(b)(3)(A)(i) of title 37, United
States Code, for covered housing under the jurisdiction of the
Secretary for that month.
``(2) Additional payments to lessors responsible for
underfunded projects.--
``(A) Payment authority.--Each month beginning with the
first month after the date of the enactment of the National
Defense Authorization Act for Fiscal Year 2020, each Secretary
of a military department shall use funds, in an amount
determined under subparagraph (B), to make additional payments
to certain lessors responsible for underfunded MHPI housing
projects identified pursuant to subparagraph (C) for the
purposes of future sustainment, recapitalization, and financial
sustainability of the projects.
``(B) Calculation of monthly payments.--For purposes of
making payments under subparagraph (A) for a month, the
Secretary of the military department concerned shall determine
the amount equal to 2.5 percent of the aggregate of the amounts
calculated under section 403(b)(3)(A)(i) of title 37, United
States Code, for covered housing under the jurisdiction of the
Secretary for that month.
``(C) Identification of underfunded projects.--The Chief
Housing Officer of the Department of Defense, in conjunction
with the Secretaries of the military departments, shall assess
MHPI housing projects for the purpose of identifying all MHPI
housing projects that are underfunded. Once identified, the
Chief Housing Officer shall prioritize for payments under
subparagraph (A) those MHPI housing projects most in need of
funding to rectify such underfunding.
``(3) Alternative authority in event of lack of underfunded
projects.--
``(A) In general.--Subject to subparagraph (B), if the
Chief Housing Officer determines that no MHPI housing projects
for a military department require additional funding under
paragraph (2) for a month, the Secretary of the military
department concerned, in consultation with the Chief Housing
Officer, may allocate the funds otherwise available to the
Secretary under such paragraph for that month to support
improvements designed to enhance the quality of life of members
of the uniformed services and their families who reside in MHPI
housing.
``(B) Conditions.--Before the Secretary of a military
department may allocate funds as authorized by subparagraph
(A), the Chief Housing Officer shall certify to the Committees
on Armed Services of the Senate and the House of
Representatives that there are no MHPI housing projects for the
military department require additional funding under paragraph
(2). The certification shall include sufficient details to show
why no projects are determined to need the additional funds.
``(4) Briefing required.--Not later than March 1, 2020, and
each year thereafter, the Secretary of Defense shall provide a
briefing to the Committee on Armed Services of the Senate and the
House of Representatives detailing the expenditure of funds under
paragraphs (2) and (3), the MHPI housing projects receiving funds
under such paragraphs, and any other information the Secretary
considers relevant.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act and shall apply with
respect to months beginning after that date.
SEC. 3037. TECHNICAL CORRECTION TO DEFINITION USED TO MAKE PAYMENTS TO
LESSORS OF PRIVATIZED MILITARY HOUSING.
Paragraph (3) of section 606(d) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132
Stat. 1796; 10 U.S.C. 2871 note) is amended to read as follows:
``(3) The term `MHPI housing' means housing procured, acquired,
constructed, or for which any phase or portion of a project
agreement was first finalized and signed, under the alternative
authority of subchapter IV of chapter 169 of title 10, United
States Code (known as the Military Housing Privatization
Initiative), on or before September 30, 2014.''.
Subtitle C--One-Time Reporting Requirements
SEC. 3041. REPORT ON CIVILIAN PERSONNEL SHORTAGES FOR APPROPRIATE
OVERSIGHT OF MANAGEMENT OF MILITARY HOUSING CONSTRUCTED OR ACQUIRED
USING ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY
HOUSING.
(a) Report.--Not later than six months after the date of the
enactment of this Act, the Secretary of Defense, in coordination with
the Secretaries of the military departments, shall submit to the
congressional defense committees a report containing the following:
(1) An evaluation of the extent to which shortages in the
number of civilian personnel performing oversight functions at
Department of Defense housing management offices or assigned to
housing-related functions at headquarters levels contribute to
problems regarding the management of privatized military housing.
(2) Recommendations to address such personnel shortages--
(A) to eliminate problems regarding the management of
privatized military housing;
(B) to ensure oversight of the partner's execution of the
housing agreement and the delivery of all requirements in
accordance with implementing guidance provided by the
Secretaries of the military departments;
(C) to improve oversight of and expedite the work-order
process; and
(D) to facilitate a positive experience for members of the
Armed Forces and their dependents who reside in privatized
military housing.
(b) Personnel Recommendations.--As part of the recommendations
required by subsection (a)(2), the Secretary of Defense shall identify
the following:
(1) The number of additional personnel who are required, the
installation and headquarter locations at which they will be
employed, the employment positions they will fill, and the duties
they will perform, including a breakdown of duty requirements by
function, such as oversight, home inspectors, and maintenance.
(2) The number of such additional personnel already hired as of
the date on which the report is submitted and their duty locations
and the timeline for employing the remaining required personnel
identified under paragraph (1).
(3) The estimated cost of employing the additional required
personnel identified under paragraph (1).
SEC. 3042. PLANS FOR CREATION OF COUNCILS ON PRIVATIZED MILITARY
HOUSING.
(a) Plans Required.--Not later than February 1, 2020, the Assistant
Secretary of each military department shall submit to the congressional
defense committees a plan for the creation within the military
department concerned of a council on privatized military housing for
the purposes of maintaining adequate oversight of the military housing
program and serving as a mechanism to identify and resolve problems
regarding privatized military housing.
(b) Plan Elements.--The plan for a military department shall
include--
(1) an implementation schedule for the creation the council on
privatized military housing;
(2) proposed members of the council, which shall include, at a
minimum, the Assistant Secretary concerned and a representative
from the installation housing offices and the civil engineering
community; and
(3) the planned frequency of council meetings.
SEC. 3043. PLAN FOR ESTABLISHMENT OF DEPARTMENT OF DEFENSE JURISDICTION
OVER OFF-BASE PRIVATIZED MILITARY HOUSING.
(a) Plan Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a plan to establish jurisdiction by
the Department of Defense for law enforcement and other specified
purposes, concurrently with local community law enforcement, at
locations with privatized military housing that is not located on an
installation of the Department of Defense.
(b) Consultation.--The Secretary of Defense shall prepare the plan
in consultation with the Secretaries of the military departments.
SEC. 3044. INSPECTOR GENERAL REVIEW OF DEPARTMENT OF DEFENSE OVERSIGHT
OF PRIVATIZED MILITARY HOUSING.
Not later than one year after the date of the enactment of this
Act, and annually thereafter until 2022, the Inspector General of the
Department of Defense shall--
(1) conduct, at not less than three military installations, a
review of the oversight by the Secretary of Defense of privatized
military housing at such installations; and
(2) make publicly available on a website of the Department a
summary of the results of the review.
SEC. 3045. INFORMATION ON LEGAL SERVICES PROVIDED TO MEMBERS OF THE
ARMED FORCES HARMED BY HEALTH OR ENVIRONMENTAL HAZARDS AT MILITARY
HOUSING.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congressional
defense committees a report on the legal services that the Secretary
may provide to members of the Armed Forces who have been harmed by a
health or environmental hazard while living in military housing.
(b) Availability of Information.--The Secretary of the military
department concerned shall make the information contained in the report
submitted under subsection (a) available to members of the Armed Forces
at all installations of the Department of Defense in the United States.
Subtitle D--Development of Housing Reform Standards and Processes
SEC. 3051. UNIFORM CODE OF BASIC STANDARDS FOR PRIVATIZED MILITARY
HOUSING AND PLAN TO CONDUCT INSPECTIONS AND ASSESSMENTS.
(a) Uniform Code.--Not later than February 1, 2021, the Secretary
of Defense shall establish and implement a uniform code of basic
housing standards for safety, comfort, and habitability for privatized
military housing, which shall meet or exceed requirements informed by a
nationally recognized, consensus-based, model property maintenance
code.
(b) Inspection and Assessment Plan.--Not later than February 1,
2020, the Secretary of Defense shall submit to the congressional
defense committees a Department of Defense plan to contract with
qualified home inspectors to conduct a thorough inspection and
assessment of the structural integrity and habitability of each unit of
privatized military housing. The plan shall include the implementation
plan for the uniform code to be established under subsection (a).
(c) Implementation of Inspections and Assessments.--
(1) Implementation.--Not later than February 1, 2021, the
Secretary of the military department concerned shall commence
conducting inspections and assessments of units of privatized
military housing pursuant to the plan submitted under subsection
(b) to identify issues and ensure compliance with applicable
housing codes, including the uniform code established under
subsection (a).
(2) Report.--Not later than March 1, 2021, the Secretary of
Defense shall submit to the congressional defense committees a
report on the findings of the inspections and assessments conducted
under paragraph (1).
(d) Qualified Home Inspectors Described.--For purposes of this
section, a qualified home inspector must possess the appropriate
credentials for the work the inspector will perform, as defined by the
respective State in which the work will be performed. A qualified home
inspector may not be an employee or in a fiduciary relationship with--
(1) the Federal Government; or
(2) an individual or entity who owns or manages privatized
military housing.
SEC. 3052. TOOL FOR ASSESSMENT OF HAZARDS IN DEPARTMENT OF DEFENSE
HOUSING.
(a) Hazard Assessment Tool.--
(1) Development required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall
develop an assessment tool, such as a rating system or similar
mechanism, to identify and measure health and safety hazards in
housing under the jurisdiction of the Department of Defense
(including privatized military housing).
(2) Components.--The assessment tool shall provide for the
identification and measurement of the following hazards:
(A) Physiological hazards, including dampness and mold
growth, lead-based paint, asbestos and manmade fibers,
radiation, biocides, carbon monoxide, and volatile organic
compounds.
(B) Psychological hazards, including ease of access by
unlawful intruders, and lighting issues.
(C) Infection hazards.
(D) Safety hazards.
(3) Public forums.--In developing the assessment tool, the
Secretary of Defense shall provide for multiple public forums at
which the Secretary may receive input with respect to such
assessment tool from occupants of housing under the jurisdiction of
the Department of Defense (including privatized military housing).
(4) Report.--Not later than 210 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the assessment tool.
(b) Hazard Assessments.--
(1) Assessments required.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense, using
the assessment tool developed under subsection (a)(1), shall
complete a hazard assessment for each housing facility under the
jurisdiction of the Department of Defense (including privatized
military housing).
(2) Tenant information.--As soon as practicable after the
completion of the hazard assessment conducted for a housing
facility under paragraph (1), the Secretary of Defense shall
provide to each individual who leases or is assigned to a housing
unit in the facility a summary of the results of the assessment.
SEC. 3053. PROCESS TO IDENTIFY AND ADDRESS ENVIRONMENTAL HEALTH HAZARDS
IN DEPARTMENT OF DEFENSE HOUSING.
(a) Process Required.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in coordination
with the Secretaries of the military departments, shall develop a
process to identify, record, and resolve environmental health hazards
in housing under the jurisdiction of the Department of Defense
(including privatized housing) in a timely manner.
(b) Elements of Process.--The process developed under subsection
(a) shall provide for the following with respect to each identified
environmental health hazard:
(1) Categorization of the hazard.
(2) Identification of health risks posed by the hazard.
(3) Identification of the number of housing occupants
potentially affected by the hazard.
(4) Recording and maintenance of information regarding the
hazard.
(5) Resolution of the hazard, which shall include--
(A) the performance by the Secretary of Defense (or in the
case of privatized housing, the landlord) of hazard remediation
activities at the affected facility; and
(B) follow-up by the Secretary of Defense to collect
information on medical care related to the hazard sought or
received by individuals affected by the hazard.
(c) Coordination.--The Secretary of Defense shall ensure
coordination between military treatment facilities, appropriate public
health officials, and housing managers at military installations with
respect to the development and implementation of the process required
by subsection (a).
(d) Report.--Not later than 210 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the process required by subsection (a).
SEC. 3054. DEPARTMENT OF DEFENSE POLICY ON LEAD-BASED PAINT TESTING ON
MILITARY INSTALLATIONS.
(a) Access and Testing Policy.--Not later than February 1, 2020,
the Secretary of Defense shall establish a policy under which the
Secretary of the military department concerned may permit a qualified
individual to access a military installation for the purpose of
conducting testing for the presence of lead-based paint on the
installation.
(b) Transmission of Results.--
(1) Installations inside the united states.--In the case of
military installations located inside the United States, the
results of any testing for lead-based paint on a military
installation shall be transmitted the following:
(A) The civil engineer of the installation.
(B) The housing management office of the installation.
(C) The public health organization on the installation.
(D) The major subordinate command of the Armed Force with
jurisdiction over the installation.
(E) If required by law, any relevant Federal, State, and
local agencies.
(2) Installations outside the united states.--In the case of
military installations located outside the United States, the
results of any testing for lead-based paint on a military
installation shall be transmitted to the civil engineer or
commander of the installation who shall transmit those results to
the major subordinate command of the Armed Force with jurisdiction
over the installation.
(c) Definitions.--In this section:
(1) The term ``United States'' has the meaning given that term
in section 101(a)(1) of title 10, United States Code.
(2) The term ``qualified individual'' means an individual who
is certified by the Environmental Protection Agency or by a State
as--
(A) a lead-based paint inspector; or
(B) a lead-based paint risk assessor.
SEC. 3055. STANDARD FOR MINIMUM CREDENTIALS FOR HEALTH AND
ENVIRONMENTAL INSPECTORS OF PRIVATIZED MILITARY HOUSING.
(a) Development and Submission of Standard.--Not later than
February 1, 2020, the Secretary of Defense shall submit to the
congressional defense committees a report that contains a standard for
minimum credentials to be used throughout the Department of Defense for
all inspectors of health and environmental hazards at privatized
military housing, including inspectors contracted by the Department.
(b) Inclusion of Categories for Specific Environmental Hazards.--
The standard submitted under subsection (a) shall include categories
for specific environmental hazards such as lead, mold, and radon.
SEC. 3056. REQUIREMENTS RELATING TO MOVE-IN, MOVE-OUT, AND MAINTENANCE
OF PRIVATIZED MILITARY HOUSING.
(a) Move-in and Move-out Checklist.--
(1) Checklist required.--The Secretary of Defense shall develop
a uniform move-in and move-out checklist for use by landlords
providing privatized military housing and by tenants of such
housing.
(2) Required move-in element.--A tenant who will occupy a unit
of privatized military housing is entitled to be present for an
inspection of the housing unit before accepting occupancy of the
housing unit to ensure that the unit is habitable and that
facilities and common areas of the building are in good repair.
(3) Required move-out element.--A tenant of a unit of
privatized military housing is entitled to be present for the move-
out inspection of the housing unit and must be given sufficient
time to address any concerns related to the tenant's occupancy of
the housing unit.
(b) Maintenance Checklist.--The Secretary of Defense shall--
(1) develop a uniform checklist to be used by housing
management offices to validate the completion of all maintenance
work related to health and safety issues at privatized military
housing; and
(2) require that all maintenance issues and work orders related
to health and safety issues at privatized military housing be
reported to the commander of the installation for which the housing
is provided.
(c) Consultation.--The Secretary of Defense shall carry out this
section in consultation with the Secretaries of the military
departments.
(d) Deadline.--The uniform checklists required by this section
shall be completed not later than 60 days after the date of the
enactment of this Act.
SEC. 3057. STANDARDIZED DOCUMENTATION, TEMPLATES, AND FORMS FOR
PRIVATIZED MILITARY HOUSING.
(a) Development Required.--
(1) In general.--The Secretary of Defense shall develop
standardized documentation, templates, and forms for use throughout
the Department of Defense with respect to privatized military
housing. In developing such documentation, templates, and forms,
the Secretary shall ensure that, to the maximum extent practicable,
the documentation, templates, and forms do not conflict with
applicable State and local housing regulations.
(2) Initial guidance.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall issue
guidance for the development of the following:
(A) Policies and standard operating procedures of the
Department for privatized military housing.
(B) A universal lease agreement for privatized military
housing that includes--
(i) the documents developed pursuant to section 2890 of
title 10, United States Code, as added by section 3011,
entitled Military Housing Privatization Initiative Tenant
Bill of Rights and Military Housing Privatization
Initiative Tenant Responsibilities; and
(ii) any lease addendum required by the law of the
State in which the unit of privatized military housing is
located.
(3) Consultation.--The Secretary of Defense shall carry out
this subsection in consultation with the Secretaries of the
military departments.
(b) Military Department Plans.--Not later than February 1, 2020,
the Secretary of each military department shall submit to the
congressional defense committees a plan for the implementation of this
section by that military department.
SEC. 3058. SATISFACTION SURVEY FOR TENANTS OF MILITARY HOUSING.
(a) Survey Required.--Not later than March 1, 2020, the Secretary
of Defense shall require that each installation of the Department of
Defense use the same satisfaction survey for tenants of military
housing, including privatized military housing.
(b) Form of Survey.--The satisfaction survey required by subsection
(a) shall be an electronic survey with embedded privacy and security
mechanisms.
(c) Privacy and Security Mechanisms.--The privacy and security
mechanisms used in the satisfaction survey required by subsection (a)--
(1) may include a code unique to the tenant to be surveyed that
is sent to the cell phone number of the tenant and required to be
entered to access the survey; and
(2) in the case of privatized military housing, shall ensure
the survey is not shared with the landlord providing the privatized
military housing until the survey is reviewed and the results are
tallied by Department of Defense personnel.
Subtitle E--Other Housing Reform Matters
SEC. 3061. RADON TESTING OF PRIVATIZED MILITARY HOUSING.
(a) Report.--Not later than March 1, 2020, the Secretary of Defense
shall submit to the congressional defense committees a report
identifying the installations of the Department of Defense that have
privatized military housing that should be monitored for levels of
radon at or above the action level.
(b) Testing Procedures and Standards.--The Secretaries of the
military departments shall ensure that landlords providing privatized
military housing at installations identified under subsection (a)
establish testing procedures that are consistent with then current
national consensus standards and are in compliance with applicable
Federal, State, and local radon regulations in order to ensure radon
levels are below recommended levels established by the Environmental
Protection Agency, whether through--
(1) regular testing of privatized military housing by persons
who possess certification pursuant to the proficiency program
operated under section 305(a)(2) of the Toxic Substances Control
Act (15 U.S.C. 2665(a)(2)); or
(2) the installation of monitoring equipment in privatized
military housing.
(c) Notification Regarding Need for Mitigation.--If, as a result of
testing described in subsection (b), a unit of privatized military
housing needs radon mitigation to ensure radon levels are below
recommended levels, the landlord providing the housing unit shall
submit to the Secretary of the military department concerned, not later
than seven days after the determination of the need for radon
mitigation, the mitigation plan for the housing unit.
SEC. 3062. MITIGATION OF RISKS POSED BY CERTAIN ITEMS IN MILITARY
FAMILY HOUSING UNITS.
(a) Anchoring of Items by Residents.--The Secretary of Defense
shall allow a resident of a military family housing unit to anchor any
furniture, television, or large appliance to the wall of the unit for
purposes of preventing such item from tipping over without incurring a
penalty or obligation to repair the wall upon vacating the unit.
(b) Anchoring of Items for All Units.--
(1) Existing units.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall ensure
that all freestanding chests, door chests, armoires, dressers,
entertainment centers, bookcases taller than 27 inches,
televisions, and large appliances provided by the Department of
Defense are securely anchored in each furnished military family
housing unit under the jurisdiction of the Department as of the
date of the enactment of this Act.
(2) New units.--The Secretary of Defense shall ensure that all
freestanding chests, door chests, armoires, dressers, entertainment
centers, bookcases taller than 27 inches, televisions, and large
appliances provided by the Department of Defense are securely
anchored in each furnished military family housing unit made
available after the date of the enactment of this Act.
SEC. 3063. SUSPENSION OF RESIDENT ENERGY CONSERVATION PROGRAM AND
RELATED PROGRAMS FOR PRIVATIZED MILITARY HOUSING.
(a) Suspension Required.--The Secretary of Defense shall suspend
the initiative of the Department of Defense known as the Resident
Energy Conservation Program and instruct the Secretary of each military
department to suspend any program carried out by such Secretary that
measures the energy usage for individual units of privatized military
housing on installations of the Department of Defense.
(b) Term of Suspension.--Subject to subsection (c), the suspension
required by subsection (a) shall remain in effect for an installation
of the Department of Defense until the Secretary of Defense certifies
to the congressional defense committees that 100 percent of the
privatized military housing on the installation is individually metered
to each respective unit of privatized military housing on the
installation military housing unit and the meter accurately measures
the energy usage of the unit.
(c) Termination.--If the Secretary of Defense is unable to make the
certification required by subsection (b) for an installation of the
Department of Defense before the end of the two-year period beginning
on the date of the enactment of this Act, each program suspended
pursuant to subsection (a) at that installation shall terminate at the
end of such period.
SEC. 3064. DEPARTMENT OF THE ARMY PILOT PROGRAM TO BUILD AND MONITOR
USE OF SINGLE FAMILY HOMES.
(a) In General.--The Secretary of the Army shall carry out a pilot
program to build and monitor the use of not fewer than five single
family homes for members of the Army and their families.
(b) Location.--The Secretary of the Army shall carry out the pilot
program at no less than two installations of the Army located in
different climate regions of the United States as determined by the
Secretary.
(c) Design.--In building homes under the pilot program, the
Secretary of the Army shall use the All-American Abode design from the
suburban single-family division design by the United States Military
Academy.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Personnel matters at National Nuclear Security
Administration.
Sec. 3112. Estimation of costs of meeting defense environmental cleanup
milestones required by consent orders.
Sec. 3113. Office of Cost Estimating and Program Evaluation.
Sec. 3114. Clarification of certain Stockpile Responsiveness Program
objectives.
Sec. 3115. Elimination of limitation on availability of funds relating
to submission of annual reports on unfunded priorities.
Sec. 3116. Modification to certain requirements relating to plutonium
pit production capacity.
Sec. 3117. Annual certification of shipments to Waste Isolation Pilot
Plant.
Sec. 3118. Extension and modification of pilot program on unavailability
for overhead costs of amounts specified for laboratory-
directed research and development.
Sec. 3119. Modification to limitation on availability of funds for
acceleration of nuclear weapons dismantlement.
Sec. 3120. Implementation of common financial reporting system for
nuclear security enterprise.
Sec. 3121. Limitation relating to reclassification of high-level waste.
Sec. 3122. National Laboratory Jobs ACCESS Program.
Subtitle C--Reports and Other Matters
Sec. 3131. Civil penalties for violations of certain whistleblower
protections.
Sec. 3132. Repeal of assessments of adequacy of budget requests relating
to nuclear weapons stockpile.
Sec. 3133. Repeal of requirement for review relating to enhanced
procurement authority.
Sec. 3134. Improvements to Energy Employees Occupational Illness
Compensation Program Act of 2000.
Sec. 3135. Replacement of W78 warhead.
Sec. 3136. Independent review of capabilities for detection,
verification, and monitoring of nuclear weapons and fissile
material.
Sec. 3137. Assessment of high energy density physics.
Sec. 3138. Determination of effect of treaty obligations with respect to
producing tritium.
Sec. 3139. Technical corrections to National Nuclear Security
Administration Act and Atomic Energy Defense Act.
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2020 for
the activities of the National Nuclear Security Administration in
carrying out programs as specified in the funding table in section
4701.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out new plant projects for the National
Nuclear Security Administration as follows:
Project 20-D-931, KL Fuel Development Laboratory, Knolls Atomic
Power Laboratory, Schenectady, New York, $23,700,000.
General Purpose Project, PF-4 Power and Communications Systems
Upgrade, Los Alamos National Laboratory, Los Alamos, New Mexico,
$16,000,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
(a) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated to the Department of Energy for fiscal year 2020 for
defense environmental cleanup activities in carrying out programs as
specified in the funding table in section 4701.
(b) Authorization of New Plant Projects.--From funds referred to in
subsection (a) that are available for carrying out plant projects, the
Secretary of Energy may carry out, for defense environmental cleanup
activities, the following new plant projects:
Project 20-D-401, Saltstone Disposal Units numbers 10, 11, and
12, Savannah River Site, Aiken, South Carolina, $1,000,000.
Project 20-D-402, Advanced Manufacturing Collaborative,
Savannah River Site, Aiken, South Carolina, $50,000,000.
Project 20-U-401, On-Site Waste Disposal Facility (Cell Lines 2
and 3), Portsmouth Site, Pike County, Ohio, $10,000,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2020 for other defense activities in carrying
out programs as specified in the funding table in section 4701.
SEC. 3104. NUCLEAR ENERGY.
Funds are hereby authorized to be appropriated to the Department of
Energy for fiscal year 2020 for nuclear energy as specified in the
funding table in section 4701.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. PERSONNEL MATTERS AT NATIONAL NUCLEAR SECURITY
ADMINISTRATION.
(a) Personnel Levels of the Office of the Administrator for Nuclear
Security.--
(1) Personnel levels.--
(A) Increase.--Subsection (a) of section 3241A of the
National Nuclear Security Administration Act (50 U.S.C. 2441a)
is amended by striking ``1,690'' both places it appears and
inserting ``1,890''.
(B) Technical amendments.--Such subsection is further
amended--
(i) in paragraph (1), by striking ``By October 1, 2015,
the'' and inserting ``The''; and
(ii) in paragraph (2), by striking ``2016'' and
inserting ``2020''.
(2) Reports on service support contracts.--Subsection (f) of
such section is amended--
(A) in the matter preceding paragraph (1), by striking ``as
of the date of the report'' and inserting ``for the most recent
fiscal year for which data are available''; and
(B) by striking paragraph (5) and inserting the following
new paragraphs:
``(5) With respect to each contract identified under paragraph
(2)--
``(A) identification of each appropriations account that
supports the contract; and
``(B) the amount obligated under the contract during the
fiscal year, listed by each such account.
``(6) With respect to each appropriations account identified
under paragraph (5)(A), the total amount obligated for contracts
identified under paragraph (2).''.
(b) Increase in Contracting, Program Management, Scientific,
Engineering, and Technical Positions.--Section 3241 of the National
Nuclear Security Administration Act (50 U.S.C. 2441) is amended in the
first sentence by striking ``600'' and inserting ``800''.
SEC. 3112. ESTIMATION OF COSTS OF MEETING DEFENSE ENVIRONMENTAL CLEANUP
MILESTONES REQUIRED BY CONSENT ORDERS.
(a) In General.--Subtitle A of title XLIV of the Atomic Energy
Defense Act (50 U.S.C. 2581 et seq.) is amended by adding at the end
the following new section:
``SEC. 4409. ESTIMATION OF COSTS OF MEETING DEFENSE ENVIRONMENTAL
CLEANUP MILESTONES REQUIRED BY CONSENT ORDERS.
``The Secretary of Energy shall include in the budget justification
materials submitted to Congress in support of the Department of Energy
budget for each fiscal year (as submitted with the budget of the
President under section 1105(a) of title 31, United States Code) a
report on the cost, for that fiscal year and the four fiscal years
following that fiscal year, of meeting milestones required by a consent
order at each defense nuclear facility at which defense environmental
cleanup activities are occurring. The report shall include, for each
such facility--
``(1) a specification of the cost of meeting such milestones
during that fiscal year; and
``(2) an estimate of the cost of meeting such milestones during
the four fiscal years following that fiscal year.''.
(b) Clerical Amendment.--The table of contents for the Atomic
Energy Defense Act is amended by inserting after the item relating to
section 4408 the following new item:
``Sec. 4409. Estimation of costs of meeting defense environmental
cleanup milestones required by consent orders.''.
SEC. 3113. OFFICE OF COST ESTIMATING AND PROGRAM EVALUATION.
(a) Reporting.--Section 3221(b)(1) of the National Nuclear Security
Administration Act (50 U.S.C. 2411(b)(1)) is amended by adding at the
end the following new sentence: ``The Director shall report directly to
the Administrator.''.
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Administrator for Nuclear Security shall
provide to the congressional defense committees a briefing on the plan
of the Administrator to fully staff the Office of Cost Estimating and
Program Evaluation of the National Nuclear Security Administration
pursuant to section 3221(f) of the National Nuclear Security
Administration Act (50 U.S.C. 2411(f)).
SEC. 3114. CLARIFICATION OF CERTAIN STOCKPILE RESPONSIVENESS PROGRAM
OBJECTIVES.
Section 4220(c) of the Atomic Energy Defense Act (50 U.S.C.
2538b(c)) is amended--
(1) in paragraph (3), by striking ``capabilities required,
including prototypes'' and inserting ``capabilities as required,
such as through the use of prototypes''; and
(2) in paragraph (6)--
(A) by striking ``in consultation with the Director of
National Intelligence'' and inserting ``in coordination with
the Director of National Intelligence''; and
(B) by inserting ``if needed to meet intelligence
requirements'' after ``foreign countries''.
SEC. 3115. ELIMINATION OF LIMITATION ON AVAILABILITY OF FUNDS RELATING
TO SUBMISSION OF ANNUAL REPORTS ON UNFUNDED PRIORITIES.
Section 4716 of the Atomic Energy Defense Act (50 U.S.C. 2756) is
amended--
(1) by striking subsection (a) and inserting the following new
subsection:
``(a) Annual Report or Certification.--Not later than 10 days after
the date on which the budget of the President for a fiscal year is
submitted to Congress pursuant to section 1105(a) of title 31, United
States Code, the Administrator shall submit to the Secretary of Energy
and the congressional defense committees either--
``(1) a report on the unfunded priorities of the
Administration; or
``(2) if the Administrator determines that there are no
unfunded priorities to include in such a report, a certification
and explanation by the Administrator, without delegation, of the
determination.'';
(2) in subsection (b), by striking ``report required by
subsection (a)'' both places it appears and inserting ``report
under subsection (a)(1)'';
(3) by striking subsection (c); and
(4) by redesignating subsection (d) as subsection (c).
SEC. 3116. MODIFICATION TO CERTAIN REQUIREMENTS RELATING TO PLUTONIUM
PIT PRODUCTION CAPACITY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) rebuilding a robust plutonium pit production infrastructure
with a capacity of up to 80 pits per year is critical to
maintaining the viability of the nuclear weapons stockpile;
(2) that effort will require cooperation from experts across
the nuclear security enterprise; and
(3) any further delay to achieving a plutonium sustainment
capability to support the planned stockpile life extension programs
will result in an unacceptable capability gap to our deterrent
posture.
(b) Modification to Requirements.--Section 4219 of the Atomic
Energy Defense Act (50 U.S.C. 2538a) is amended--
(1) in subsection (a), by striking paragraph (5) and inserting
the following:
``(5) during 2030, produces not less than 80 war reserve
plutonium pits.'';
(2) by striking subsection (b);
(3) by redesignating subsections (c) and (d) as subsections (b)
and (c), respectively;
(4) in subsection (b), as redesignated by paragraph (2), by
striking ``2027 (or, if the authority under subsection (b) is
exercised, 2029)'' and inserting ``2030''; and
(5) in subsection (c), as redesignated by paragraph (2), by
striking ``subsection (c)'' and inserting ``subsection (b)''.
SEC. 3117. ANNUAL CERTIFICATION OF SHIPMENTS TO WASTE ISOLATION PILOT
PLANT.
Section 3115(a) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2759), as amended by
section 3137(b) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2303), is
further amended, in the matter preceding paragraph (1), by striking
``three-year period'' and inserting ``10-year period''.
SEC. 3118. EXTENSION AND MODIFICATION OF PILOT PROGRAM ON
UNAVAILABILITY FOR OVERHEAD COSTS OF AMOUNTS SPECIFIED FOR LABORATORY-
DIRECTED RESEARCH AND DEVELOPMENT.
Section 3119 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 50 U.S.C. 2791 note) is amended--
(1) in subsection (c)(2), by striking ``three'' and inserting
``four''; and
(2) in subsection (d)--
(A) by striking ``Before the termination under subsection
(c)(2) of the pilot program required by subsection (a)'' and
inserting ``Not later than February 15, 2020''; and
(B) by inserting before the end period the following: ``,
including effects on laboratory-directed research and
development and other programs''.
SEC. 3119. MODIFICATION TO LIMITATION ON AVAILABILITY OF FUNDS FOR
ACCELERATION OF NUCLEAR WEAPONS DISMANTLEMENT.
Subsection (a) of section 3125 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2766), as amended by section 3117 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1890), is
amended by striking ``$56,000,000'' and inserting ``$87,000,000''.
SEC. 3120. IMPLEMENTATION OF COMMON FINANCIAL REPORTING SYSTEM FOR
NUCLEAR SECURITY ENTERPRISE.
Not more than 90 percent of the funds authorized to be appropriated
by section 3101 for the National Nuclear Security Administration for
fiscal year 2020 for Federal salaries and expenses and available for
travel and transportation may be obligated or expended before the date
on which the Administrator for Nuclear Security completes
implementation of the common financial reporting system for the nuclear
security enterprise as required by section 3113(a) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 50
U.S.C. 2512 note).
SEC. 3121. LIMITATION RELATING TO RECLASSIFICATION OF HIGH-LEVEL WASTE.
None of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2020 for the Department of
Energy may be obligated or expended by the Secretary of Energy to apply
the interpretation of high-level radioactive waste described in the
notice published by the Secretary titled ``Supplemental Notice
Concerning U.S. Department of Energy Interpretation of High-Level
Radioactive Waste'' (84 Fed. Reg. 26835), or successor notice, with
respect to such waste located in the State of Washington.
SEC. 3122. NATIONAL LABORATORY JOBS ACCESS PROGRAM.
(a) In General.--On or after the date that is 180 days after the
date of the enactment of this Act, the Secretary may establish a
program, to be known as the ``Department of Energy National Lab Jobs
ACCESS Program'', under which the Secretary may award, on a competitive
basis, 5-year grants to eligible entities described in subsection (c)
for the Federal share of the costs of pre-apprenticeship programs and
apprenticeship programs described in subsection (b).
(b) Pre-apprenticeship and Apprenticeship Programs Described.--A
pre-apprenticeship program or apprenticeship program described in this
subsection is a pre-apprenticeship program or apprenticeship program
that--
(1) leads to recognized postsecondary credentials for secondary
school and postsecondary students;
(2) is focused on skills and qualifications needed, as
determined by the Secretary in consultation with the directors of
the National Laboratories, to meet the immediate and ongoing needs
of traditional and emerging technician positions (including
machinists and cybersecurity technicians) at the National
Laboratories and covered facilities of the National Nuclear
Security Administration;
(3) is established in consultation with a National Laboratory
or covered facility of the National Nuclear Security
Administration;
(4) is registered with and approved by the Secretary of Labor
or a State apprenticeship agency; and
(5) ensures that participants in the pre-apprenticeship program
or apprenticeship program do not displace paid employees.
(c) Eligible Entities Described.--An eligible entity described in
this subsection is a workforce intermediary or an eligible sponsor of a
pre-apprenticeship program or apprenticeship program that--
(1) demonstrates experience in implementing and providing
career planning and career pathways toward pre-apprenticeship
programs or apprenticeship programs;
(2)(A) has a relationship with a National Laboratory or covered
facility of the National Nuclear Security Administration;
(B) has knowledge of the technician workforce needs of the
laboratory or facility and the associated security requirements of
the laboratory or facility; and
(C) is eligible to enter into an agreement with the laboratory
or facility that would be paid for in part or entirely from grant
funds received under this section;
(3) demonstrates the ability to recruit and support individuals
who plan to work in relevant technician positions upon the
successful completion of the pre-apprenticeship program or
apprenticeship program;
(4) provides students who complete the pre-apprenticeship
program or apprenticeship program with, or prepares such students
for obtaining, a recognized postsecondary credential;
(5) uses related instruction that is specifically aligned with
the needs of the laboratory or facility and utilizes workplace
learning advisors and on-the-job training to the greatest extent
possible; and
(6) demonstrates successful outcomes connecting graduates of
the pre-apprenticeship program or apprenticeship program to careers
relevant to the program.
(d) Applications.--If the Secretary establishes the program
described in subsection (a), an eligible entity described in subsection
(c) seeking a grant under the program shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
(e) Priority.--In selecting eligible entities described in
subsection (c) to receive grants under this section, the Secretary may
prioritize an eligible entity that--
(1) is a member of an industry or sector partnership;
(2) provides related instruction for a pre-apprenticeship
program or apprenticeship program through--
(A) a local educational agency, a secondary school, a
provider of adult education, an area career and technical
education school, or an institution of higher education (such
as a community college) that includes basic science,
technology, and mathematics education in the related
instruction; or
(B) an apprenticeship program that was registered with the
Department of Labor or a State apprenticeship agency before the
date on which the eligible entity applies for the grant under
subsection (d);
(3) works with the Secretary of Defense, the Secretary of
Veterans Affairs, or veterans organizations to transition members
of the Armed Forces and veterans to pre-apprenticeship programs or
apprenticeship programs in a relevant sector;
(4) plans to use the grant to carry out the pre-apprenticeship
program or apprenticeship program with an entity that receives
State funding or is operated by a State agency; and
(5) plans to use the grant to carry out the pre-apprenticeship
program or apprenticeship program for--
(A) young adults ages 16 to 29, inclusive; or
(B) individuals with barriers to employment.
(f) Additional Consideration.--In making grants under this section,
the Secretary may consider regional diversity.
(g) Limitation on Applications.--An eligible entity described in
subsection (c) may not submit, either individually or as part of a
joint application, more than one application for a grant under this
section during any one fiscal year.
(h) Limitations on Amount of Grant.--The amount of a grant provided
under this section may not, for any 24-month period of the 5-year grant
period, exceed $500,000.
(i) Non-Federal Share.--The non-Federal share of the cost of a pre-
apprenticeship program or apprenticeship program carried out using a
grant under this section shall be not less than 25 percent of the total
cost of the program.
(j) Technical Assistance.--The Secretary may provide technical
assistance to eligible entities described in subsection (c) to leverage
the existing job training and education programs of the Department of
Labor and other relevant programs at appropriate Federal agencies.
(k) Report.--
(1) In general.--If the Secretary establishes the program
described in subsection (a), not less than once every 2 years
thereafter, the Secretary shall submit to Congress, and make
publicly available on the website of the Department of Energy, a
report on the program, including--
(A) a description of--
(i) any entity that receives a grant under this
section;
(ii) any activity carried out using a grant under this
section; and
(iii) best practices used to leverage the investment of
the Federal Government under this section; and
(B) an assessment of the results achieved by the program,
including the rate of employment for participants after
completing a pre-apprenticeship program or apprenticeship
program carried out using a grant under this section.
(2) Performance reports.--Not later than one year after the
establishment of a pre-apprenticeship program or apprenticeship
program using a grant awarded under this section, and annually
thereafter, the entity carrying out the program shall submit to the
Secretary and the Secretary of Labor a report on the effectiveness
of the program based on the accountability measures described in
clauses (i) and (ii) of section 116(b)(2)(A) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)).
(l) Definitions.--In this section:
(1) ESEA terms.--The terms ``local educational agency'' and
``secondary school'' have the meanings given the terms in section
8101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(2) WIOA terms.--The terms ``career planning'', ``community-
based organization'', ``customized training'', ``economic
development agency'', ``individual with a barrier to employment'',
``industry or sector partnership'', ``on-the-job training'',
``recognized postsecondary credential'', and ``workplace learning
advisor'' have the meanings given such terms in section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(3) Apprenticeship program.--The term ``apprenticeship
program'' means a program registered under the Act of August 16,
1937 (commonly known as the ``National Apprenticeship Act''; 50
Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).
(4) Area career and technical education school.--The term
``area career and technical education school'' has the meaning
given the term in section 3 of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2302).
(5) Community college.--The term ``community college'' has the
meaning given the term ``junior or community college'' in section
312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)).
(6) Covered facility of the national nuclear security
administration.--The term ``covered facility of the National
Nuclear Security Administration'' means a national security
laboratory or a nuclear weapons production facility as such terms
are defined in section 4002 of the Atomic Energy Defense Act (50
U.S.C. 2501).
(7) Eligible sponsor.--The term ``eligible sponsor'' means a
public organization or nonprofit organization that--
(A) with respect to an apprenticeship program, administers
the program through a partnership that may include--
(i) an industry or sector partnership;
(ii) an employer or industry association;
(iii) a labor-management organization;
(iv) a local workforce development board or State
workforce development board;
(v) a 2- or 4-year institution of higher education that
offers an educational program leading to an associate's or
bachelor's degree in conjunction with a certificate of
completion of apprenticeship;
(vi) the Armed Forces (including the National Guard and
Reserves);
(vii) a community-based organization; or
(viii) an economic development agency; and
(B) with respect to a pre-apprenticeship program, is a
local educational agency, a secondary school, an area career
and technical education school, a provider of adult education,
a State workforce development board, a local workforce
development board, or a community-based organization, that
administers the program with any required coordination and
necessary approvals from the Secretary of Labor or a State
department of labor.
(8) Institution of higher education.--The term ``institution of
higher education'' has the meaning given the term in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001).
(9) Local workforce development board.--The term ``local
workforce development board'' has the meaning given the term
``local board'' in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(10) National laboratory.--The term ``National Laboratory'' has
the meaning given the term in section 2 of the Energy Policy Act of
2005 (42 U.S.C. 15801).
(11) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is described in section
501(c) of the Internal Revenue Code of 1986 and exempt from tax
under section 501(a) of such Code.
(12) Pre-apprenticeship program.--The term ``pre-apprenticeship
program'' means a program--
(A) designed to prepare individuals to enter and succeed in
an apprenticeship program; and
(B) that has a documented partnership with at least one, if
not more, apprenticeship programs.
(13) Provider of adult education.--The term ``provider of adult
education'' has the meaning given the term ``eligible provider'' in
section 203 of the Adult Education and Family Literacy Act (29
U.S.C. 3272).
(14) Related instruction.--The term ``related instruction''
means an organized and systematic form of instruction designed to
provide an individual in a pre-apprenticeship program or
apprenticeship program with the knowledge of the technical subjects
related to the intended occupation of the individual after
completion of the program.
(15) Secretary.--The term ``Secretary'' means the Secretary of
Energy, in consultation with the Secretary of Labor, except as
otherwise specified in this section.
(16) Sponsor.--The term ``sponsor'' means any person,
association, committee, or organization operating a pre-
apprenticeship program or apprenticeship program and in whose name
the program is (or is to be) registered or approved.
(17) State apprenticeship agency.--The term ``State
apprenticeship agency'' has the meaning given that term in section
29.2 of title 29, Code of Federal Regulations (or any corresponding
similar regulation or ruling).
(18) State workforce development board.--The term ``State
workforce development board'' has the meaning given the term
``State board'' in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(19) Workforce intermediary.--The term ``workforce
intermediary''--
(A) means a nonprofit organization that--
(i) proactively addresses workforce needs using a dual
customer approach, which considers the needs of both
employees and employers; and
(ii) has partnered with a sponsor of a pre-
apprenticeship program or apprenticeship program or is a
sponsor of a pre-apprenticeship program or apprenticeship
program; and
(B) may include a community organization, an employer
organization, a community college, a temporary staffing agency,
a State workforce development board, a local workforce
development board, or a labor or labor-management organization.
Subtitle C--Reports and Other Matters
SEC. 3131. CIVIL PENALTIES FOR VIOLATIONS OF CERTAIN WHISTLEBLOWER
PROTECTIONS.
Section 234A of the Atomic Energy Act of 1954 (42 U.S.C. 2282a) is
amended--
(1) in the heading, by inserting ``and whistleblower'' after
``safety'';
(2) in subsection a.--
(A) by inserting ``, or who violates any applicable law,
rule, regulation, or order related to nuclear safety
whistleblower protections,'' before ``shall be subject to a
civil penalty''; and
(B) by adding at the end the following new sentence: ``The
Secretary of Energy may carry out this section with respect to
the National Nuclear Security Administration by acting through
the Administrator for Nuclear Security.''; and
(3) by adding at the end the following new subsection:
``e. In this section, the term `nuclear safety whistleblower
protections' means the protections for employees of contractors or
subcontractors from reprisals pursuant to section 4712 of title 41,
United States Code, section 211 of the Energy Reorganization Act of
1974 (42 U.S.C. 5851), or other provisions of Federal law (including
rules, regulations, or orders) affording such protections, with respect
to disclosures or other activities covered by such protections that
relate to nuclear safety.''.
SEC. 3132. REPEAL OF ASSESSMENTS OF ADEQUACY OF BUDGET REQUESTS
RELATING TO NUCLEAR WEAPONS STOCKPILE.
(a) In General.--Section 3255 of the National Nuclear Security
Administration Act (50 U.S.C. 2455) is repealed.
(b) Clerical Amendment.--The table of contents for the National
Nuclear Security Administration Act is amended by striking the item
relating to section 3255.
SEC. 3133. REPEAL OF REQUIREMENT FOR REVIEW RELATING TO ENHANCED
PROCUREMENT AUTHORITY.
Section 4806 of the Atomic Energy Defense Act (50 U.S.C. 2786) is
amended--
(1) by striking subsection (e); and
(2) by redesignating subsections (f) and (g) as subsections (e)
and (f), respectively.
SEC. 3134. IMPROVEMENTS TO ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION PROGRAM ACT OF 2000.
(a) Office of Ombudsman.--Section 3686 of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-
15) is amended--
(1) in subsection (c)--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(B) by inserting after paragraph (1) the following new
paragraph:
``(2) To provide guidance and assistance to claimants.''; and
(2) in subsection (h), by striking ``2019'' and inserting
``2020''.
(b) Advisory Board on Toxic Substances and Worker Health.--Section
3687 of the Energy Employees Occupational Illness Compensation Program
Act of 2000 (42 U.S.C. 7385s-16) is amended--
(1) in subsection (b)(1)--
(A) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (D), by striking ``; and'' and
inserting a semicolon; and
(C) by adding after subparagraph (D) the following:
``(E) the claims adjudication process generally, including
review of procedure manual changes prior to incorporation into
the manual and claims for medical benefits; and
``(F) such other matters as the Secretary considers
appropriate; and'';
(2) in subsection (g)--
(A) by striking ``The Secretary of Energy shall'' and
inserting ``The Secretary of Energy and the Secretary of Labor
shall each''; and
(B) by adding at the end the following new sentence: ``The
Secretary of Labor shall make available to the Board the
program's medical director, toxicologist, industrial hygienist
and program's support contractors as requested by the Board.'';
(3) by redesignating subsections (h) and (i) as subsections (i)
and (j), respectively; and
(4) by inserting after subsection (g) the following:
``(h) Response to Recommendations.--Not later than 60 days after
submission to the Secretary of Labor of the Board's recommendations,
the Secretary shall respond to the Board in writing, and post on the
public internet website of the Department of Labor, a response to the
recommendations that--
``(1) includes a statement of whether the Secretary accepts or
rejects the Board's recommendations;
``(2) if the Secretary accepts the Board's recommendations,
describes the timeline for when those recommendations will be
implemented; and
``(3) if the Secretary does not accept the recommendations,
describes the reasons the Secretary does not agree and provides all
scientific research to the Board supporting that decision.''.
SEC. 3135. REPLACEMENT OF W78 WARHEAD.
(a) Report.--
(1) In general.--Not later than 210 days after the date of the
enactment of this Act, the Administrator for Nuclear Security shall
submit to the congressional defense committees a report on
replacing the W78 warhead.
(2) Matters included.--The report under paragraph (1) shall
include the following:
(A) A discussion of the alternatives considered with
respect to replacing the W78 warhead, including--
(i) a description of the technical risks, schedule, and
costs for each alternative to replacing the W78 warhead;
and
(ii) a description of any changes since January 15,
2014, to the requirements for such alternatives.
(B) A review of the matters under subparagraph (A) by the
Director for Cost Estimating and Program Evaluation of the
National Nuclear Security Administration.
(b) Independent Study.--
(1) In general.--The Administrator shall seek to enter into an
arrangement with the private scientific advisory group known as
JASON to conduct a study of the plan of the Administrator to
replace the W78 warhead. Such study shall include--
(A) an assessment of the risks to certification; and
(B) the need for planned upgrades to such warhead.
(2) Submission.--Not later than 150 days after the date of the
enactment of this Act, the Administrator shall submit to the
congressional defense committees the study under paragraph (1),
without change.
SEC. 3136. INDEPENDENT REVIEW OF CAPABILITIES FOR DETECTION,
VERIFICATION, AND MONITORING OF NUCLEAR WEAPONS AND FISSILE MATERIAL.
(a) Plan.--Not later than 30 days after the date of the enactment
of this Act, the Secretary of Energy, in consultation with the
Secretary of Defense, shall seek to enter into a contract with the
National Academy of Sciences to conduct an independent review and
assessment of United States capabilities for detection, verification,
and monitoring of nuclear weapons and fissile material.
(b) Elements.--The review and assessment required by subsection (a)
shall include the following:
(1) An evaluation of the current national research enterprise
for detection, verification, and monitoring of nuclear weapons and
fissile material.
(2) Integration of roles, responsibilities, and planning for
such detection, verification, and monitoring within the Federal
Government.
(3) Opportunities to leverage the national research enterprise
to further prevent the proliferation of nuclear weapons and fissile
material, including with respect to policy, research and
development, and testing and evaluation.
(4) Opportunities for international engagement for building
cooperation and transparency, including bilateral and multilateral
efforts, to improve inspections, detection, and monitoring of
nuclear weapons and fissile material, and to create incentives for
such cooperation and transparency.
(5) Opportunities for new or expanded research and development
efforts to improve detection and monitoring of, and in-field
inspection and analysis capabilities with respect to, nuclear
weapons and fissile materials.
(6) Opportunities for improved coordination between departments
and agencies of the Federal Government and the military
departments, national laboratories, commercial industry, and
academia.
(7) Opportunities for leveraging commercial capabilities.
(c) Submission to Congress.--
(1) In general.--Not later than one year after the date of the
enactment of this Act, the Secretary of Energy shall submit to the
congressional defense committees, without change, the findings of
the National Academy resulting from the review and assessment
conducted under subsection (a).
(2) Form.--The findings described in paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 3137. ASSESSMENT OF HIGH ENERGY DENSITY PHYSICS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Administrator for Nuclear Security shall
enter into an arrangement with the National Academies of Sciences,
Engineering, and Medicine to conduct an assessment of recent advances
and the current status of research in the field of high energy density
physics.
(b) Elements.--The assessment conducted under subsection (a) shall
include the following:
(1) Theoretical and computational modeling of high energy
density material phases, radiation-matter interactions, plasmas
atypical of astrophysical conditions, and conditions unique to the
National Nuclear Security Administration.
(2) The simulation of such phases, interactions, plasmas, and
conditions.
(3) Instrumentation and target fabrication.
(4) Workforce training.
(5) An assessment of advancements made by other countries in
high energy density physics.
(6) Such others items as are agreed upon by the Administrator
and the National Academies.
(c) Applicability of Internal Controls.--The assessment under
subsection (a) shall be conducted in accordance with the internal
controls of the National Academies.
(d) Report to Congress.--Not later than 18 months after entering
into the arrangement under subsection (a), the National Academies of
Sciences, Engineering, and Medicine shall submit to the congressional
defense committees a report on the assessment conducted under that
subsection.
(e) High Energy Density Physics Defined.--In this section, the term
``high energy density physics'' means the physics of matter and
radiation at--
(1) energy densities exceeding 100,000,000,000 joules per cubic
meter; and
(2) other temperature and pressure ranges within the warm dense
matter regime.
SEC. 3138. DETERMINATION OF EFFECT OF TREATY OBLIGATIONS WITH RESPECT
TO PRODUCING TRITIUM.
Not later than February 15, 2020, the Secretary of Energy shall--
(1) determine whether the Agreement for Cooperation on the Uses
of Atomic Energy for Mutual Defense Purposes, signed at Washington,
July 3, 1958 (9 UST 1028), between the United States and the United
Kingdom, permits the United States to obtain low-enriched uranium
for the purposes of producing tritium in the United States; and
(2) submit to the congressional defense committees a report on
that determination.
SEC. 3139. TECHNICAL CORRECTIONS TO NATIONAL NUCLEAR SECURITY
ADMINISTRATION ACT AND ATOMIC ENERGY DEFENSE ACT.
(a) Definitions in National Nuclear Security Administration Act.--
Section 3281(2)(A) of the National Nuclear Security Administration Act
(50 U.S.C. 2471(2)(A)) is amended by striking ``Plant'' and inserting
``National Security Campus''.
(b) Amendments to Atomic Energy Defense Act.--
(1) Definitions.--Section 4002(9)(A) of the Atomic Energy
Defense Act (50 U.S.C. 2501(9)(A)) is amended striking ``Plant''
and inserting ``National Security Campus''.
(2) Stockpile stewardship, management, and responsiveness
plan.--Section 4203 of the Atomic Energy Defense Act (50 U.S.C.
2523) is amended--
(A) in subsection (d)(4)(A)(ii), by striking ``quadrennial
defense review if such strategy has not been submitted'' and
inserting ``national defense strategy'';
(B) in subsection (e)(1)(A)(i), by striking ``or the most
recent quadrennial defense review, as applicable under
subsection (d)(4)(A), and the'' and inserting ``referred to in
subsection (d)(4)(A)(i), the most recent the national defense
strategy, and the most recent''; and
(C) in subsection (f)--
(i) by striking paragraph (4);
(ii) by redesignating paragraph (3) as paragraph (4);
and
(iii) by inserting after paragraph (2) the following
new paragraph (3):
``(3) The term `national defense strategy' means the review of
the defense programs and policies of the United States that is
carried out every four years under section 113(g) of title 10,
United States Code.''.
(3) Manufacturing infrastructure for nuclear weapons
stockpile.--Section 4212 of the Atomic Energy Defense Act (50
U.S.C. 2532) is amended--
(A) in subsection (a)(1), in the matter preceding
subparagraph (A), by inserting ``most recent'' before ``Nuclear
Posture Review''; and
(B) in subsection (b)--
(i) in paragraph (2), by striking ``Plant'' and
inserting ``National Security Complex''; and
(ii) in paragraph (4), by striking ``Plant'' and
inserting ``National Security Campus, Kansas City,
Missouri''.
(4) Reports on life extension programs.--
(A) In general.--Section 4216 of the Atomic Energy Defense
Act (50 U.S.C. 2536) is amended--
(i) in the section heading, by striking ``lifetime''
and inserting ``life''; and
(ii) by striking ``lifetime'' each place it appears and
inserting ``life''.
(B) Clerical amendment.--The table of contents for the
Atomic Energy Defense Act is amended by striking the item
relating to section 4216 and inserting the following new item:
``Sec. 4216. Reports on life extension programs.''.
(5) Advice on safety, security, and reliability of nuclear
weapons stockpile.--Section 4218 of the Atomic Energy Defense Act
(50 U.S.C. 2538) is amended--
(A) in subsection (d), by striking ``or the Commander of
the United States Strategic Command''; and
(B) in subsection (e)(1)--
(i) by striking ``, a member of'' and all that follows
through ``Strategic Command'' and inserting ``or a member
of the Nuclear Weapons Council''; and
(ii) by striking ``, member, or Commander'' and
inserting ``or member''.
(6) Life-cycle cost estimates.--Section 4714(a) of the Atomic
Energy Defense Act (50 U.S.C. 2754(a)) is amended--
(A) by striking ``413.3'' and inserting ``413.3B''; and
(B) by inserting ``, or a successor order,'' after
``assets)''.
(7) Unfunded priorities.--
(A) In general.--Section 4716 of the Atomic Energy Defense
Act (50 U.S.C. 2756) is amended in the section heading by
striking ``national nuclear security administration'' and
inserting ``administration''.
(B) Clerical amendment.--The table of contents for the
Atomic Energy Defense Act is amended by striking the item
relating to section 4716 and inserting the following new item:
``Sec. 4716. Unfunded priorities of the Administration.''.
(8) Reviews of capital assets acquisition projects.--Section
4733(d)(3)(B) of the Atomic Energy Defense Act (50 U.S.C.
2773(d)(3)(B)) is amended by striking ``413.3'' and inserting
``413.3B''.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Improvements to Defense Nuclear Facilities Safety Board.
Sec. 3203. Membership of Defense Nuclear Facilities Safety Board.
SECTION 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 2020,
$29,450,000 for the operation of the Defense Nuclear Facilities Safety
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
SEC. 3202. IMPROVEMENTS TO DEFENSE NUCLEAR FACILITIES SAFETY BOARD.
(a) Staff.--
(1) Executive director of operations.--
(A) Establishment of position.--Subsection (b) of section
313 of the Atomic Energy Act of 1954 (42 U.S.C. 2286b) is
amended by adding at the end the following new paragraph:
``(3)(A) The Board shall have an Executive Director of Operations
who shall be appointed under section 311(c)(6).
``(B) The Executive Director of Operations shall report to the
Chairman.
``(C) The Executive Director of Operations shall be the senior
employee of the Board responsible for--
``(i) general administration and technical matters;
``(ii) ensuring that the members of the Board are fully and
currently informed with respect to matters for which the members
are responsible; and
``(iii) the functions delegated by the Chairman pursuant to
section 311(c)(3)(B).''.
(B) Delegation of functions.--Paragraph (3) of section
311(c) of such Act (42 U.S.C. 2286(c)) is amended--
(i) by striking ``The Chairman'' and inserting ``(A)
The Chairman''; and
(ii) by adding at the end the following new
subparagraph:
``(B) In carrying out subparagraph (A), the Chairman shall delegate
to the Executive Director of Operations established under section
313(b)(3) the following functions:
``(i) Administrative functions of the Board.
``(ii) Appointment and supervision of employees of the Board
not specified under paragraph (6).
``(iii) Distribution of business among the employees and
administrative units and offices of the Board.
``(iv) Preparation of--
``(I) proposals for the reorganization of the
administrative units or offices of the Board;
``(II) the budget estimate for the Board; and
``(III) the proposed distribution of funds according to
purposes approved by the Board.''.
(2) Provision of information to board.--Such section 311(c), as
amended by paragraph (1)(B), is further amended--
(A) in paragraph (2), by striking ``paragraphs (5), (6),
and (7)'' and inserting ``paragraphs (5) and (6)'';
(B) by striking paragraph (6); and
(C) by redesignating paragraph (7) as paragraph (6).
(3) Appointment and removal powers.--Paragraph (6) of such
section 311(c), as redesignated by paragraph (2)(C), is amended to
read as follows:
``(6)(A) The Chairman, subject to the approval of the Board, shall
appoint the senior employees described in subparagraph (C). Any member
of the Board may propose to the Chairman an individual to be so
appointed.
``(B) The Chairman, subject to the approval of the Board, may
remove a senior employee described in subparagraph (C). Any member of
the Board may propose to the Chairman an individual to be so removed.
``(C) The senior employees described in this subparagraph are the
following senior employees of the Board:
``(i) The Executive Director of Operations established under
section 313(b)(3).
``(ii) The general counsel.''.
(4) Organization of staff of board.--Section 313(b) of such
Act, as amended by paragraph (1)(A), is further amended--
(A) in paragraph (1)(A), by striking ``section 311(c)(7)''
and inserting ``section 311(c)(6)''; and
(B) by adding at the end the following new paragraph:
``(4) Subject to the approval of the Board, the Chairman may
organize the staff of the Board as the Chairman considers appropriate
to best accomplish the mission of the Board described in section
312(a).''.
(5) Temporary personnel levels.--During fiscal year 2020, the
Defense Nuclear Facilities Safety Board shall employ not fewer than
the equivalent of 100 full-time employees.
(b) Public Health and Safety.--Section 312(a) of such Act (42
U.S.C. 2286a(a)) is amended by inserting before the period at the end
the following: ``, including with respect to the health and safety of
employees and contractors at such facilities''.
(c) Access to Facilities, Personnel, and Information.--Section 314
of such Act (42 U.S.C. 2286c) is amended--
(1) in subsection (a)--
(A) by striking ``The Secretary of Energy'' and inserting
``Except as specifically provided by this section, the
Secretary of Energy'';
(B) by striking ``ready access'' both places it appears and
inserting ``prompt and unfettered access''; and
(C) by adding at the end the following new sentence: ``The
access provided to defense nuclear facilities, personnel, and
information under this subsection shall be provided without
regard to the hazard or risk category assigned to a facility by
the Secretary.''; and
(2) by striking subsection (b) and inserting the following new
subsections:
``(b) Authority of Secretary to Deny Information.--(1) The
Secretary may deny access to information under subsection (a) only to
any person who--
``(A) has not been granted an appropriate security clearance or
access authorization by the Secretary; or
``(B) does not need such access in connection with the duties
of such person.
``(2) If the Board requests access to information under subsection
(a) in written form, and the Secretary denies access to such
information pursuant to paragraph (1)--
``(A) the Secretary shall provide the Board notice of such
denial in written form; and
``(B) not later than January 1 and July 1 of each year
beginning in 2020--
``(i) the Board shall submit to the congressional defense
committees a report identifying each request for access to
information under subsection (a) submitted to the Secretary in
written form during the preceding six-month period and denied
by the Secretary; and
``(ii) the Secretary shall submit to the congressional
defense committees a report identifying--
``(I) each such request denied by the Secretary during
that period; and
``(II) the reason for the denial.
``(3) In this subsection, the term `congressional defense
committees' has the meaning given that term in section 101(a) of title
10, United States Code.
``(c) Application of Nondisclosure Protections by Board.--The Board
may not publicly disclose information provided under this section if
such information is otherwise protected from disclosure by law,
including deliberative process information.''.
SEC. 3203. MEMBERSHIP OF DEFENSE NUCLEAR FACILITIES SAFETY BOARD.
(a) List of Candidates for Nomination.--Subsection (b) of section
311 of the Atomic Energy Act of 1954 (42 U.S.C. 2286) is amended by
adding at the end the following new paragraph:
``(4) The President shall enter into an arrangement with the
National Academy of Sciences under which the National Academy shall
maintain a list of individuals who meet the qualifications described in
paragraph (1) to assist the President in selecting individuals to
nominate for positions as members of the Board.''.
(b) Terms of Members.--
(1) In general.--Subsection (d) of such section is amended--
(A) in paragraph (1), by striking the second sentence and
inserting the following new sentences: ``A member may be
reappointed for a second term only if the member was confirmed
by the Senate more than two years into the member's first term.
A member may not be reappointed for a third term.''; and
(B) in paragraph (3)--
(i) by striking ``Any member'' and inserting ``(A) Any
member'';
(ii) by striking the second sentence; and
(iii) by adding at the end the following new
subparagraph:
``(B) A member may not serve after the expiration of the member's
term, unless the departure of the member would result in the loss of a
quorum for the Board. If more than one member is serving after the
expiration of the member's term and a new member is appointed to the
Board so that one of the members serving after the expiration of the
member's term is no longer necessary to maintain a quorum, the member
whose term expired first may no longer serve on the Board.''.
(2) Effective date.--The amendments made by paragraph (1) shall
take effect on the date that is one year after the date of the
enactment of this Act.
(c) Filling Vacancies.--Such subsection is further amended by
adding at the end the following new paragraph:
``(4)(A) Not later than 180 days after the expiration of the term
of a member of the Board, the President shall--
``(i) submit to the Senate the nomination of an individual to
fill the vacancy; or
``(ii) submit to the Committee on Armed Services of the Senate
a report that includes--
``(I) a description of the reasons the President did not
submit such a nomination; and
``(II) a plan for submitting such a nomination during the
90-day period following the submission of the report.
``(B) If the President does not submit to the Senate the nomination
of an individual to fill a vacancy during the 90-day period described
in subclause (II) of subparagraph (A)(ii), the President shall submit
to the Committee on Armed Services a report described in that
subparagraph not less frequently than every 90 days until the President
submits such a nomination.''.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated to the
Secretary of Energy $14,000,000 for fiscal year 2020 for the purpose of
carrying out activities under chapter 869 of title 10, United States
Code, relating to the naval petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to the
authorization of appropriations in subsection (a) shall remain
available until expended.
TITLE XXXV--MARITIME MATTERS
Subtitle A--Maritime Administration
Sec. 3501. Authorization of the Maritime Administration.
Sec. 3502. Reauthorization of Maritime Security Program.
Sec. 3503. Maritime technical assistance program.
Sec. 3504. Appointment of candidates attending sponsored preparatory
school.
Sec. 3505. General support program.
Sec. 3506. Improvements to the maritime guaranteed loan program.
Sec. 3507. Requirement for small shipyard grantees.
Sec. 3508. Salvage recoveries of cargoes.
Sec. 3509. Salvage recoveries for subrogated ownership of vessels and
cargoes.
Sec. 3510. Maritime Occupational Safety and Health Advisory Committee.
Sec. 3511. Military to mariner.
Sec. 3512. Department of Transportation Inspector General Report.
Sec. 3513. Independent study on the United States Merchant Marine
Academy.
Sec. 3514. Port operations, research, and technology.
Sec. 3515. Assessment and report on strategic seaports.
Sec. 3516. Technical corrections.
Sec. 3517. United States Merchant Marine Academy sexual assault
prevention and response program.
Sec. 3518. Report on vessels for emerging offshore energy
infrastructure.
Sec. 3519. Report on United States flagged fuel tanker vessel capacity.
Subtitle B--Cable Security Fleet
Sec. 3521. Establishment of Cable Security Fleet.
Subtitle C--Maritime SAFE Act
Sec. 3531. Short titles.
Sec. 3532. Definitions.
Sec. 3533. Purposes.
Sec. 3534. Statement of policy.
Part I--Programs to Combat IUU Fishing and Increase Maritime Security
Sec. 3541. Coordination with international organizations.
Sec. 3542. Engagement of diplomatic missions of the United States.
Sec. 3543. Assistance by Federal agencies to improve law enforcement
within priority regions and priority flag states.
Sec. 3544. Expansion of existing mechanisms to combat IUU fishing.
Sec. 3545. Improvement of transparency and traceability programs.
Sec. 3546. Technology programs.
Sec. 3547. Savings clause.
Part II--Establishment of Interagency Working Group on IUU Fishing
Sec. 3551. Interagency Working Group on IUU Fishing.
Sec. 3552. Strategic plan.
Sec. 3553. Reports.
Sec. 3554. Gulf of Mexico IUU Fishing Subworking Group.
Part III--Combating Human Trafficking in Connection With the Catching
and Processing of Seafood Products
Sec. 3561. Finding.
Sec. 3562. Adding the Secretary of Commerce to the Interagency Task
Force to Monitor and Combat Trafficking.
Sec. 3563. Human trafficking in the seafood supply chain report.
Part IV--Authorization of Appropriations
Sec. 3571. Authorization of appropriations.
Sec. 3572. Accounting of funds.
Subtitle A--Maritime Administration
SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION.
(a) In General.--There are authorized to be appropriated to the
Department of Transportation for fiscal year 2020, to be available
without fiscal year limitation if so provided in appropriations Acts,
for programs associated with maintaining the United States Merchant
Marine, the following amounts:
(1) For expenses necessary for operations of the United States
Merchant Marine Academy, $95,944,000, of which--
(A) $77,944,000 shall remain available until September 30,
2021 for Academy operations; and
(B) $18,000,000 shall remain available until expended for
capital asset management at the Academy.
(2) For expenses necessary to support the State maritime
academies, $50,280,000, of which--
(A) $2,400,000 shall remain available until September 30,
2021, for the Student Incentive Program;
(B) $6,000,000 shall remain available until expended for
direct payments to such academies;
(C) $30,080,000 shall remain available until expended for
maintenance and repair of State maritime academy training
vessels;
(D) $3,800,000 shall remain available until expended for
training ship fuel assistance; and
(E) $8,000,000 shall remain available until expended for
offsetting the costs of training ship sharing.
(3) For expenses necessary to support the National Security
Multi-Mission Vessel Program, $600,000,000, which shall remain
available until expended.
(4) For expenses necessary to support Maritime Administration
operations and programs, $60,442,000, of which $5,000,000 shall
remain available until expended for activities authorized under
section 50307 of title 46, United States Code.
(5) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $5,000,000, which shall remain
available until expended.
(6) For expenses necessary to maintain and preserve a United
States flag Merchant Marine to serve the national security needs of
the United States under chapter 531 of title 46, United States
Code, $300,000,000, which shall remain available until expended.
(7) For expenses necessary for the loan guarantee program
authorized under chapter 537 of title 46, United States Code,
$33,000,000, of which--
(A) $30,000,000 may be used for the cost (as defined in
section 502(5) of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a(5)) of loan guarantees under the program, which
shall remain available until expended; and
(B) $3,000,000 may be used for administrative expenses
relating to loan guarantee commitments under the program.
(8) For expenses necessary to provide assistance to small
shipyards and for maritime training programs under section 54101 of
title 46, United States Code, $40,000,000, which shall remain
available until expended.
(9) For expenses necessary to implement the Port and Intermodal
Improvement Program, $500,000,000, except that no funds shall be
used for a grant award to purchase fully automated cargo handling
equipment that is remotely operated or remotely monitored with or
without the exercise of human intervention or control, if the
Secretary determines such equipment would result in a net loss of
jobs within a port or port terminal.
SEC. 3502. REAUTHORIZATION OF MARITIME SECURITY PROGRAM.
(a) Award of Operating Agreements.--Section 53103 of title 46,
United States Code, is amended by striking ``2025'' each place it
appears and inserting ``2035''.
(b) Effectiveness of Operating Agreements.--Section 53104(a) of
title 46, United States Code, is amended by striking ``2025'' and
inserting ``2035''.
(c) Payments.--Section 53106(a)(1) of title 46, United States Code,
is amended--
(1) in subparagraph (B), by striking ``and'';
(2) in subparagraph (C), by striking ``$3,700,000 for each of
fiscal years 2022, 2023, 2024, and 2025.'' and inserting
``$5,300,000 for each of fiscal years 2022, 2023, 2024, and
2025;''; and
(3) by adding at the end the following new subparagraphs:
``(D) $5,800,000 for each of fiscal years 2026, 2027, and
2028;
``(E) $6,300,000 for each of fiscal years 2029, 2030, and
2031; and
``(F) $6,800,000 for each of fiscal years 2032, 2033, 2034,
and 2035.''.
(d) Authorization of Appropriations.--Section 53111 of title 46,
United States Code, is amended--
(1) in paragraph (2), by striking ``and'';
(2) in paragraph (3), by striking ``$222,000,000 for each
fiscal year thereafter through fiscal year 2025.'' and inserting
``$318,000,000 for each of fiscal years 2022, 2023, 2024, and
2025;''; and
(3) by adding at the end the following new paragraphs:
``(4) $348,000,000 for each of fiscal years 2026, 2027, and
2028;
``(5) $378,000,000 for each of fiscal years 2029, 2030, and
2031; and
``(6) $408,000,000 for each of fiscal years 2032, 2033, 2034,
and 2035.''.
SEC. 3503. MARITIME TECHNICAL ASSISTANCE PROGRAM.
Section 50307 of title 46, United States Code, is amended--
(1) in subsection (a), by striking ``The Secretary of
Transportation may engage in the environmental study'' and
inserting ``The Secretary of Transportation, acting through the
Maritime Administrator, shall engage in the study'';
(2) in subsection (b)--
(A) by striking ``may--'' and all that follows through
``improvements by--'' and inserting ``shall identify, study,
evaluate, test, demonstrate, or improve emerging marine
technologies and practices to improve--'';
(B) by inserting before subparagraph (A) the following:
``(1) environmental performance to meet United States Federal
and international standards and guidelines, including--'';
(C) in subparagraph (C), by striking ``species; and'' and
all that follows through the end of the subsection and
inserting ``species; or
``(D) reducing propeller cavitation; and
``(2) the efficiency and safety of domestic maritime
industries.''.
(3) in subsection (c)(2), by striking ``benefits'' and
inserting ``or other benefits to domestic maritime industries'';
and
(4) by adding at the end the following:
``(e) Limitations on the Use of Funds.--Not more than three percent
of the funds appropriated to carry out this section may be used for
administrative purposes.''.
SEC. 3504. APPOINTMENT OF CANDIDATES ATTENDING SPONSORED PREPARATORY
SCHOOL.
Section 51303 of title 46, United States Code, is amended--
(1) by striking ``The Secretary'' and inserting the following:
``(a) In General.--The Secretary''; and
(2) by adding at the end the following:
``(b) Appointment of Candidates Selected for Preparatory School
Sponsorship.--The Secretary of Transportation may appoint each year as
cadets at the United States Merchant Marine Academy not more than 40
qualified individuals sponsored by the Academy to attend preparatory
school during the academic year prior to entrance in the Academy, and
who have successfully met the terms and conditions of sponsorship set
by the Academy.''.
SEC. 3505. GENERAL SUPPORT PROGRAM.
Section 51501 of title 46, United States Code, is amended by adding
at the end the following:
``(c) American Maritime Centers of Excellence.--The Secretary shall
designate each State maritime academy as an American Maritime Center of
Excellence.''.
SEC. 3506. IMPROVEMENTS TO THE MARITIME GUARANTEED LOAN PROGRAM.
(a) Definitions.--Section 53701 of title 46, United States Code, is
amended--
(1) by striking paragraph (5);
(2) by redesignating paragraphs (6) through (15) as paragraphs
(5) through (14), respectively; and
(3) by adding at the end the following:
``(15) Vessel of national interest.--The term `Vessel of
National Interest' means a vessel deemed to be of national interest
that meets characteristics determined by the Administrator, in
consultation with the Secretary of Defense, the Secretary of the
Department in which the Coast Guard is operating when it is not
operating as a service in the Department of the Navy, or the heads
of other Federal agencies, as described in section 53703(d).''.
(b) Preferred Lender.--Subsection (a) of section 53702 of title 46,
United States Code, is amended to read as follows:
``(a) In General.--
``(1) Guarantee of payments.--The Secretary or Administrator,
on terms the Secretary or Administrator may prescribe, may
guarantee or make a commitment to guarantee the payment of the
principal of and interest on an obligation eligible to be
guaranteed under this chapter. A guarantee or commitment to
guarantee shall cover 100 percent of the principal and interest.
``(2) Preferred eligible lender.--The Federal Financing Bank
shall be the preferred eligible lender of the principal and
interest of the guaranteed obligations issued under this
chapter.''.
(c) Application and Administration.--Section 53703 of title 46,
United States Code, is amended--
(1) in the section heading, by striking ``procedures'' and
inserting ``and administration''; and
(2) by adding at the end the following:
``(c) Independent Analysis.--
``(1) In general.--To assess and mitigate the risks due to
factors associated with markets, technology, financial, or legal
structures related to an application or guarantee under this
chapter, the Secretary or Administrator may utilize third party
experts, including legal counsel, to--
``(A) process and review applications under this chapter,
including conducting independent analysis and review of aspects
of an application;
``(B) represent the Secretary or Administrator in
structuring and documenting the obligation guarantee;
``(C) analyze and review aspects of, structure, and
document the obligation guarantee during the term of the
guarantee;
``(D) recommend financial covenants or financial ratios to
be met by the applicant during the time a guarantee under this
chapter is outstanding that are--
``(i) based on the financial covenants or financial
ratios, if any, that are then applicable to the obligor
under private sector credit agreements; and
``(ii) in lieu of other financial covenants applicable
to the obligor under this chapter with respect to
requirements regarding long-term debt-to-equity, minimum
working capital, or minimum amount of equity; and
``(E) represent the Secretary or Administrator to protect
the security interests of the Government relating to an
obligation guarantee.
``(2) Private sector expert.--Independent analysis, review, and
representation conducted under this subsection shall be performed
by a private sector expert in the applicable field who is selected
by the Secretary or Administrator.
``(d) Vessels of National Interest.--
``(1) Notice of funding.--The Secretary or Administrator may
post a notice in the Federal Register regarding the availability of
funding for obligation guarantees under this chapter for the
construction, reconstruction, or reconditioning of a Vessel of
National Interest and include a timeline for the submission of
applications for such vessels.
``(2) Vessel characteristics.--
``(A) In general.--The Secretary or Administrator, in
consultation with the Secretary of Defense, the Secretary of
the Department in which the Coast Guard is operating when it is
not operating as service in the Department of the Navy, or the
heads of other Federal agencies, shall develop and publish a
list of vessel types that would be considered Vessels of
National Interest.
``(B) Review.--Such list shall be reviewed and revised
every four years or as necessary, as determined by the
Administrator.''.
(d) Funding Limits.--Section 53704 of title 46, United States Code,
is amended--
(1) in subsection (a)--
(A) by striking ``that amount'' and all the follows through
``$850,000,000'' and inserting ``that amount, $850,000,000'';
and
(B) by striking ``facilities'' and all that follows through
the end of the subsection and inserting ``facilities.''; and
(2) in subsection (c)(4)--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B) through (K), as
subparagraphs (A) through (J), respectively.
(e) Eligible Purposes of Obligations.--Section 53706 of title 46,
United States Code, is amended--
(1) in subsection (a)(1)(A)--
(A) in the matter preceding clause (i), by striking
``(including an eligible export vessel)'';
(B) in clause (iv) by inserting ``or'' after the semicolon;
(C) in clause (v), by striking ``; or'' and inserting a
period; and
(D) by striking clause (vi); and
(2) in subsection (c)(1)--
(A) in subparagraph (A), by striking ``and'' after the
semicolon;
(B) in subparagraph (B)(ii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) after applying subparagraphs (A) and (B), Vessels of
National Interest.''.
(f) Amount of Obligations.--Section 53709(b) of title 46, United
States Code, is amended--
(1) by striking paragraphs (3) and (6); and
(2) by redesignating paragraphs (4) and (5) as paragraphs (3)
and (4), respectively.
(g) Contents of Obligations.--Section 53710 of title 46, United
States Code, is amended--
(1) in subsection (a)(4)--
(A) in subparagraph (A)--
(i) by striking ``or, in the case of'' and all that
follows through ``party''; and
(ii) by striking ``and'' after the semicolon; and
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) documented under the laws of the United States for
the term of the guarantee of the obligation or until the
obligation is paid in full, whichever is sooner.''; and
(2) in subsection (c)--
(A) in the subsection heading, by inserting ``and Provide
for the Financial Stability of the Obligor'' after
``Interests'';
(B) by striking ``provisions for the protection of'' and
inserting ``provisions, which shall include--
``(1) provisions for the protection of'';
(C) by striking ``, and other matters that the Secretary or
Administrator may prescribe.'' and inserting, ``; and''; and
(D) by adding at the end the following:
``(2) any other provisions that the Secretary or Administrator
may prescribe.''.
(h) Administrative Fees.--Section 53713 of title 46, United States
Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``reasonable for--'' and inserting `` reasonable for processing
the application and monitoring the loan guarantee, including
for--'';
(B) in paragraph (4), by striking ``; and'' and inserting
``or a deposit fund under section 53716 of this title;'';
(C) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(6) monitoring and providing services related to the
obligor's compliance with any terms related to the obligations, the
guarantee, or maintenance of the Secretary or Administrator's
security interests under this chapter.''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``under section 53708(d)
of this title'' and inserting ``under section 53703(c) of this
title'';
(B) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and adjusting the
margins accordingly;
(C) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(D) by adding at the end the following:
``(2) Fee limitation inapplicable.--Fees collected under this
subsection are not subject to the limitation of subsection (b).''.
(i) Best Practices; Eligible Export Vessels.--Chapter 537 of title
46, United States Code, is further amended--
(1) in subchapter I, by adding at the end the following new
section:
``Sec. 53719. Best practices
``The Secretary or Administrator shall ensure that all standard
documents and agreements that relate to loan guarantees made pursuant
to this chapter are reviewed and updated every four years to ensure
that such documents and agreements meet the current commercial best
practices to the extent permitted by law.''; and
(2) in subchapter III, by striking section 53732.
(j) Expedited Consideration of Low-risk Applications.--
(1) In general.--In accordance with the requirements of this
subsection, the Administrator shall establish an administrative
process and issue guidance for the expedited consideration of low-
risk applications submitted under chapter 537 of title 46, United
States Code.
(2) Stakeholder comment.--Not later than 180 days after the
date of enactment of this section, the Administrator of the
Maritime Administration shall publish in the Federal Register a
notice of a 45-day public comment period to request stakeholder
input and recommendations to establish the administrative process
required under this subsection, including proposals to assist
applicants--
(A) in the development and submission of initial
applications;
(B) in meeting requests for supplemental information made
by the Administrator; and
(C) to comply with other requirements made by the
Administrator to ensure the expedited consideration of
applications.
(3) Industry best practices.--The administrative process
established under this subsection shall utilize, to the extent
practicable, relevant Federal and industry best practices found in
the maritime and shipbuilding industries.
(4) Final guidance.--Not later than 90 days after the
conclusion of the public comment period required under paragraph
(2), the Administrator shall publish in the Federal Register final
guidance to assist applicants in the preparation and filing of
applications under this subsection.
(k) Congressional Notification.--
(1) Notification.--Not less than 60 days before reorganizing or
consolidating the activities or personnel covered under chapter 537
of title 46, United States Code, the Secretary of Transportation
shall notify, in writing, the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives of the proposed
reorganization or consolidation.
(2) Contents.--Each notification under paragraph (1) shall
include an evaluation of, and justification for, the reorganization
or consolidation.
(l) Clerical Amendments.--The table of sections at the beginning of
chapter 537 of title 46, United States Code, is amended--
(1) by inserting after the item relating to section 53718 the
following new item:
``53719. Best practices.''; and
(2) by striking the item relating to section 53732.
SEC. 3507. REQUIREMENT FOR SMALL SHIPYARD GRANTEES.
(a) In General.--Section 54101(d) of title 46, United States Code,
is amended--
(1) by striking ``Grants awarded'' and inserting the following:
``(1) In general.--Grants awarded''; and
(2) by adding at the end the following:
``(2) Buy america.--
``(A) In general.--Subject to subparagraph (B), no funds
may be obligated by the Administrator of the Maritime
Administration under this section, unless each product and
material purchased with those funds (including products and
materials purchased by a grantee), and including any
commercially available off-the-shelf item, is--
``(i) an unmanufactured article, material, or supply
that has been mined or produced in the United States; or
``(ii) a manufactured article, material, or supply that
has been manufactured in the United States substantially
all from articles, materials, or supplies mined, produced,
or manufactured in the United States.
``(B) Exceptions.--
``(i) In general.--Notwithstanding subparagraph (A),
the requirements of that subparagraph shall not apply with
respect to a particular product or material if the
Administrator determines--
``(I) that the application of those requirements
would be inconsistent with the public interest;
``(II) that such product or material is not
available in the United States in sufficient and
reasonably available quantities, of a satisfactory
quality, or on a timely basis; or
``(III) that inclusion of a domestic product or
material will increase the cost of that product or
material by more than 25 percent, with respect to a
certain contract between a grantee and that grantee's
supplier.
``(ii) Federal register.--A determination made by the
Administrator under this subparagraph shall be published in
the Federal Register.
``(C) Definitions.--ln this paragraph:
``(i) The term `commercially available off-the-shelf
item' means--
``(I) any item of supply (including construction
material) that is--
``(aa) a commercial item, as defined by section
2.101 of title 48, Code of Federal Regulations (as
in effect on the date of the enactment of the
National Defense Authorization Act for Fiscal Year
2020); and
``(bb) sold in substantial quantities in the
commercial marketplace; and
``(II) does not include bulk cargo, as defined in
section 40102(4) of this title, such as agricultural
products and petroleum products.
``(ii) The term `product or material' means an article,
material, or supply brought to the site by the recipient
for incorporation into the building, work, or project. The
term also includes an item brought to the site preassembled
from articles, materials, or supplies. However, emergency
life safety systems, such as emergency lighting, fire
alarm, and audio evacuation systems, that are discrete
systems incorporated into a public building or work and
that are produced as complete systems, are evaluated as a
single and distinct construction material regardless of
when or how the individual parts or components of those
systems are delivered to the construction site.
``(iii) The term `United States' includes the District
of Columbia, the Commonwealth of Puerto Rico, the Northern
Mariana Islands, Guam, American Samoa, and the Virgin
Islands.''.
(b) Authorization of Appropriations.--Section 54101(i) of title 46,
United States Code, is amended--
(1) by striking ``2018, 2019, and 2020'' and inserting ``2020
and 2021''; and
(2) by striking ``$35,000,000'' and inserting ``$40,000,000''.
(c) Notification of Committees of Certain Proposed Obligations.--
The first section of Public Law 85-804 (50 U.S.C. 1431) is amended, in
the third sentence, by inserting ``and in addition, the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate
with respect to contracts, or modifications or amendments to contracts,
or advance payments proposed to be made under this section by the
Secretary of the Department in which the Coast Guard is operating with
respect to the acquisition of Coast Guard cutters or aircraft,'' after
``House of Representatives''.
SEC. 3508. SALVAGE RECOVERIES OF CARGOES.
Section 57107 of title 46, United States Code, is amended by adding
at the end the following:
``(c) Salvaging Cargoes.--
``(1) Reimbursable agreements.--The Secretary of
Transportation, acting through the Administrator of the Maritime
Administration, may enter into reimbursable agreements with other
Federal entities to provide legal services to such entities
relating to the salvaging of cargoes for which such entities have
custody, or control, or for which for such entities have trustee
responsibilities from vessels in the custody or control of the
Maritime Administration or its predecessor agencies. The Secretary
may receive and retain reimbursement from such entities for all
costs incurred related to the provision of such services.
``(2) Amounts received.--Amounts received as reimbursements
under this subsection shall be credited to the fund or account that
was used to cover the costs incurred by the Secretary or, if the
period of availability of obligations for that appropriation has
expired, to the appropriation of funds that is currently available
to the Secretary for substantially the same purpose. Amounts so
credited shall be merged with amounts in such fund or account and
shall be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
``(3) Advance payments.--Payments made in advance shall be for
any part of the estimated cost as determined by the Secretary of
Transportation. Adjustments to the amounts paid in advance shall be
made as agreed to by the Secretary of Transportation and the head
of the ordering agency or unit based on the actual cost of goods or
services provided.''.
SEC. 3509. SALVAGE RECOVERIES FOR SUBROGATED OWNERSHIP OF VESSELS AND
CARGOES.
(a) In General.--Chapter 571 of title 46, United States Code, as
amended by this title, is further amended by adding at the end the
following new section:
``SEC. 57111. SALVAGE RECOVERIES FOR SUBROGATED OWNERSHIP OF VESSELS
AND CARGOES.
``(a) Salvage Agreements.--The Secretary of Transportation is
authorized to enter into marine salvage agreements for the recoveries,
sale, and disposal of sunken or damaged vessels, cargoes, or properties
owned or insured by or on behalf of the Maritime Administration, the
United States Shipping Board, the U.S. Shipping Bureau, the United
States Maritime Commission, or the War Shipping Administration.
``(b) Military Craft.--The Secretary of Transportation shall
consult with the Secretary of the military department concerned prior
to engaging in or authorizing any activity under subsection (a) that
will disturb sunken military craft, as such term is defined in section
1408(3) of the Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108-375; 10 U.S.C. 113 note).
``(c) Recoveries.--Notwithstanding any other provision of law, the
net proceeds from salvage agreements entered into as authorized in
subsection (a) shall remain available until expended and be distributed
as follows:
``(1) Fifty percent shall be available to the Administrator of
the Maritime Administration for the payment or reimbursement of
expenses incurred by or on behalf of State maritime academies or
the United States Merchant Marine Academy for facility and training
ship maintenance, repair, and modernization, and for the purchase
of simulators and fuel.
``(2) The remainder shall be distributed for maritime heritage
preservation to the Department of the Interior for grants as
authorized by section 308703 of title 54.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter, as amended by this title, is further amended by adding at
the end the following new item:
``57111. Salvage recoveries for subrogated ownership of vessels and
cargoes.''.
SEC. 3510. MARITIME OCCUPATIONAL SAFETY AND HEALTH ADVISORY COMMITTEE.
Section 7 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 656) is amended by adding at the end the following:
``(d) There is established a Maritime Occupational Safety and
Health Advisory Committee, which shall be a continuing body and shall
provide advice to the Secretary in formulating maritime industry
standards and regarding matters pertaining to the administration of
this Act related to the maritime industry. The composition of such
advisory committee shall be consistent with the advisory committees
established under subsection (b). A member of the advisory committee
who is otherwise qualified may continue to serve until a successor is
appointed. The Secretary may promulgate or amend regulations as
necessary to implement this subsection.''.
SEC. 3511. MILITARY TO MARINER.
(a) Credentialing Support.--Not later than one year after the date
of enactment of this title, the Secretary of Defense, the Secretary of
the Department in which the Coast Guard is operating when it is not
operating as a service in the Department of the Navy, the Secretary of
Commerce, and the Secretary of Health and Human Services, with respect
to the applicable services in their respective departments, and in
coordination with one another and with the United States Committee on
the Marine Transportation System, and in consultation with the Merchant
Marine Personnel Advisory Committee, shall, consistent with applicable
law, identify all training and experience within the applicable service
that may qualify for merchant mariner credentialing and submit a list
of all identified training and experience to the United States Coast
Guard National Maritime Center for a determination of whether such
training and experience counts for credentialing purposes.
(b) Review of Applicable Service.--The United States Coast Guard
Commandant shall make a determination of whether training and
experience counts for credentialing purposes, as described in
subsection (a), not later than 6 months after the date on which the
United States Coast Guard National Maritime Center receives a
submission under subsection (a) identifying a training or experience
and requesting such a determination.
(c) Fees and Services.--The Secretary of Defense, the Secretary of
the Department in which the Coast Guard is operating when it is not
operating as a service in the Department of the Navy, and the Secretary
of Commerce, with respect to the applicable services in their
respective departments, shall--
(1) take all necessary and appropriate actions to provide for
the waiver of fees through the National Maritime Center license
evaluation, issuance, and examination for members of the uniformed
services on active duty, if a waiver is authorized and appropriate,
and, if a waiver is not granted, take all necessary and appropriate
actions to provide for the payment of fees for members of the
uniformed services on active duty by the applicable service to the
fullest extent permitted by law;
(2) direct the applicable services to take all necessary and
appropriate actions to provide for Transportation Worker
Identification Credential cards for members of the uniformed
services on active duty pursuing or possessing a mariner
credential, such as implementation of an equal exchange process for
members of the uniformed services on active duty at no or minimal
cost;
(3) ensure that members of the applicable services who are to
be discharged or released from active duty and who request
certification or verification of sea service be provided such
certification or verification no later than one month after
discharge or release;
(4) ensure the applicable services have developed, or continue
to operate, as appropriate, the online resource known as
Credentialing Opportunities On-Line to support separating members
of the uniformed services who are seeking information and
assistance on merchant mariner credentialing; and
(5) not later than 1 year after the date of enactment of this
section, take all necessary and appropriate actions to review and
implement service-related medical certifications to merchant
mariner credential requirements.
(d) Advancing Military to Mariner Within the Employer Agencies.--
(1) In general.--The Secretary of Defense, the Secretary of the
Department in which the Coast Guard is operating when it is not
operating as a service in the Department of the Navy, and the
Secretary of Commerce shall have direct hiring authority to employ
separated members of the uniformed services with valid merchant
mariner licenses or sea service experience in support of United
States national maritime needs, including the Army Corps of
Engineers, U.S. Customs and Border Protection, and the National
Oceanic and Atmospheric Administration.
(2) Appointments of retired members of the armed forces.--
Except in the case of positions in the Senior Executive Service,
the requirements of section 3326(b) of title 5, United States Code,
shall not apply with respect to the hiring of a separated member of
the uniformed services under paragraph (1).
(e) Separated Member of the Uniformed Services.--In this section,
the term ``separated member of the uniformed services'' means an
individual who--
(1) is retiring or is retired as a member of the uniformed
services;
(2) is voluntarily separating or voluntarily separated from the
uniformed services at the end of enlistment or service obligation;
or
(3) is administratively separating or has administratively
separated from the uniformed services with an honorable or general
discharge characterization.
SEC. 3512. DEPARTMENT OF TRANSPORTATION INSPECTOR GENERAL REPORT.
The Inspector General of the Department of Transportation shall--
(1) not later than 180 days after the date of enactment of this
title, initiate an audit of the Maritime Administration's actions
to address only those recommendations from Chapter 3 and
recommendations 5-1, 5-2, 5-3, 5-4, 5-5, and 5-6 identified by a
National Academy of Public Administration panel in the November
2017 report entitled ``Maritime Administration: Defining its
Mission, Aligning its Programs, and Meeting its Objectives''; and
(2) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report
containing the results of that audit once the audit is completed.
SEC. 3513. INDEPENDENT STUDY ON THE UNITED STATES MERCHANT MARINE
ACADEMY.
(a) In General.--Not later than 180 days after the date of
enactment of this title, the Secretary of Transportation shall seek to
enter into an agreement with the National Academy of Public
Administration (referred to in this section as the ``Academy'') to
carry out the activities described in this section.
(b) Study Elements.--In accordance with the agreement described in
subsection (a), the Academy shall conduct a study of the United States
Merchant Marine Academy that consists of the following:
(1) A comprehensive assessment of the United States Merchant
Marine Academy's systems, training, facilities, infrastructure,
information technology, and stakeholder engagement.
(2) Identification of needs and opportunities for modernization
to help the United States Merchant Marine Academy keep pace with
more modern campuses.
(3) Development of an action plan for the United States
Merchant Marine Academy with specific recommendations for--
(A) improvements or updates relating to the opportunities
described in paragraph (2); and
(B) systemic changes needed to help the United States
Merchant Marine Academy achieve its mission of inspiring and
educating the next generation of the mariner workforce on a
long-term basis.
(c) Deadline and Report.--Not later than 1 year after the date of
the agreement described in subsection (a), the Academy shall prepare
and submit to the Administrator of the Maritime Administration a report
containing the action plan described in subsection (b)(3), including
specific findings and recommendations.
SEC. 3514. PORT OPERATIONS, RESEARCH, AND TECHNOLOGY.
(a) Short Title.--This section may be cited as the ``Ports
Improvement Act''.
(b) Port and Intermodal Improvement Program.--Section 50302 of
title 46, United States Code, is amended by striking subsection (c) and
inserting the following:
``(c) Port and Intermodal Improvement Program.--
``(1) General authority.--Subject to the availability of
appropriations, the Secretary of Transportation shall make grants,
on a competitive basis, to eligible applicants to assist in funding
eligible projects for the purpose of improving the safety,
efficiency, or reliability of the movement of goods through ports
and intermodal connections to ports.
``(2) Eligible applicant.--The Secretary may make a grant under
this subsection to the following:
``(A) A State.
``(B) A political subdivision of a State, or a local
government.
``(C) A public agency or publicly chartered authority
established by 1 or more States.
``(D) A special purpose district with a transportation
function.
``(E) An Indian Tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304), without regard to capitalization), or a
consortium of Indian Tribes.
``(F) A multistate or multijurisdictional group of entities
described in this paragraph.
``(G) A lead entity described in subparagraph (A), (B),
(C), (D), (E), or (F) jointly with a private entity or group of
private entities.
``(3) Eligible projects.--The Secretary may make a grant under
this subsection--
``(A) for a project, or package of projects, that--
``(i) is either--
``(I) within the boundary of a port; or
``(II) outside the boundary of a port, but is
directly related to port operations or to an intermodal
connection to a port; and
``(ii) will be used to improve the safety, efficiency,
or reliability of--
``(I) the loading and unloading of goods at the
port, such as for marine terminal equipment;
``(II) the movement of goods into, out of, around,
or within a port, such as for highway or rail
infrastructure, intermodal facilities, freight
intelligent transportation systems, and digital
infrastructure systems; or
``(III) environmental mitigation measures and
operational improvements directly related to enhancing
the efficiency of ports and intermodal connections to
ports; or
``(B) notwithstanding paragraph (6)(A)(v), to provide
financial assistance to 1 or more projects under subparagraph
(A) for development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, permitting, and preliminary engineering and design
work.
``(4) Prohibited uses.--A grant award under this subsection may
not be used--
``(A) to finance or refinance the construction,
reconstruction, reconditioning, or purchase of a vessel that is
eligible for such assistance under chapter 537, unless the
Secretary determines such vessel--
``(i) is necessary for a project described in paragraph
(3)(A)(ii)(III) of this subsection; and
``(ii) is not receiving assistance under chapter 537;
or
``(B) for any project within a small shipyard (as defined
in section 54101).
``(5) Applications and process.--
``(A) Applications.--To be eligible for a grant under this
subsection, an eligible applicant shall submit to the Secretary
an application in such form, at such time, and containing such
information as the Secretary considers appropriate.
``(B) Solicitation process.--Not later than 60 days after
the date that amounts are made available for grants under this
subsection for a fiscal year, the Secretary shall solicit grant
applications for eligible projects in accordance with this
subsection.
``(6) Project selection criteria.--
``(A) In general.--The Secretary may select a project
described in paragraph (3) for funding under this subsection if
the Secretary determines that--
``(i) the project improves the safety, efficiency, or
reliability of the movement of goods through a port or
intermodal connection to a port;
``(ii) the project is cost effective;
``(iii) the eligible applicant has authority to carry
out the project;
``(iv) the eligible applicant has sufficient funding
available to meet the matching requirements under paragraph
(8);
``(v) the project will be completed without
unreasonable delay; and
``(vi) the project cannot be easily and efficiently
completed without Federal funding or financial assistance
available to the project sponsor.
``(B) Additional considerations.--In selecting projects
described in paragraph (3) for funding under this subsection,
the Secretary shall give substantial weight to--
``(i) the utilization of non-Federal contributions; and
``(ii) the net benefits of the funds awarded under this
subsection, considering the cost-benefit analysis of the
project, as applicable.
``(C) Small projects.--The Secretary may waive the cost-
benefit analysis under subparagraph (A)(ii), and establish a
simplified, alternative basis for determining whether a project
is cost effective, for a small project described in paragraph
(7)(B).
``(7) Allocation of funds.--
``(A) Geographic distribution.--Not more than 25 percent of
the amounts made available for grants under this subsection for
a fiscal year may be used to make grants for projects in any 1
State.
``(B) Small projects.--The Secretary shall reserve 25
percent of the amounts made available for grants under this
subsection each fiscal year to make grants for eligible
projects described in paragraph (3)(A) that request the lesser
of--
``(i) 10 percent of the amounts made available for
grants under this subsection for a fiscal year; or
``(ii) $10,000,000.
``(C) Development phase activities.--Not more than 10
percent of the amounts made available for grants under this
subsection for a fiscal year may be used to make grants for
development phase activities under paragraph (3)(B).
``(8) Federal share of total project costs.--
``(A) Total project costs.--To be eligible for a grant
under this subsection, an eligible applicant shall submit to
the Secretary an estimate of the total costs of a project under
this subsection based on the best available information,
including any available engineering studies, studies of
economic feasibility, environmental analyses, and information
on the expected use of equipment or facilities.
``(B) Federal share.--
``(i) In general.--Except as provided in clause (ii),
the Federal share of the total costs of a project under
this subsection shall not exceed 80 percent.
``(ii) Rural areas.--The Secretary may increase the
Federal share of costs above 80 percent for a project
located in a rural area.
``(9) Procedural safeguards.--The Secretary shall issue
guidelines to establish appropriate accounting, reporting, and
review procedures to ensure that--
``(A) grant funds are used for the purposes for which those
funds were made available;
``(B) each grantee properly accounts for all expenditures
of grant funds; and
``(C) grant funds not used for such purposes and amounts
not obligated or expended are returned.
``(10) Grant conditions.--
``(A) In general.--The Secretary shall require as a
condition of making a grant under this subsection that a
grantee--
``(i) maintain such records as the Secretary considers
necessary;
``(ii) make the records described in clause (i)
available for review and audit by the Secretary; and
``(iii) periodically report to the Secretary such
information as the Secretary considers necessary to assess
progress.
``(B) Additional requirement.--The Secretary shall apply
the same requirements of section 117(k) of title 23, United
States Code, to a port project assisted in whole or in part
under this section as the Secretary does a port-related freight
project under section 117 of title 23, United States Code.
``(C) Construction, repair, or alteration of vessels.--With
regard to the construction, repair, or alteration of vessels,
the same requirements of section 117(k) of title 23, United
States Code, shall apply regardless of whether the location of
contract performance is known when bids for such work are
solicited.
``(11) Administration.--
``(A) Administrative and oversight costs.--The Secretary
may retain not more than 2 percent of the amounts appropriated
for each fiscal year under this subsection for the
administrative and oversight costs incurred by the Secretary to
carry out this subsection.
``(B) Availability.--
``(i) In general.--Amounts appropriated for carrying
out this subsection shall remain available until expended.
``(ii) Unexpended funds.--Amounts awarded as a grant
under this subsection that are not expended by the grantee
during the 5-year period following the date of the award
shall remain available to the Secretary for use for grants
under this subsection in a subsequent fiscal year.
``(12) Definitions.--In this subsection:
``(A) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(i) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(ii) the Committee on Transportation and
Infrastructure of the House of Representatives.
``(B) Port.--The term `port' includes--
``(i) any port on the navigable waters of the United
States; and
``(ii) any harbor, marine terminal, or other shore side
facility used principally for the movement of goods on
inland waters.
``(C) Project.--The term `project' includes construction,
reconstruction, environmental rehabilitation, acquisition of
property, including land related to the project and
improvements to the land, equipment acquisition, and
operational improvements.
``(D) Rural area.--The term `rural area' means an area that
is outside an urbanized area.
``(d) Additional Authority of the Secretary.--In carrying out this
section, the Secretary may--
``(1) coordinate with other Federal agencies to expedite the
process established under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) for the improvement of port
facilities to improve the efficiency of the transportation system,
to increase port security, or to provide greater access to port
facilities;
``(2) seek to coordinate all reviews or requirements with
appropriate Federal, State, and local agencies; and
``(3) in addition to any financial assistance provided under
subsection (c), provide such technical assistance to port
authorities or commissions or their subdivisions and agents.''.
(c) Savings Clause.--A repeal made by subsection (b) of this
section shall not affect amounts apportioned or allocated before the
effective date of the repeal. Such apportioned or allocated funds shall
continue to be subject to the requirements to which the funds were
subject under--
(1) section 50302(c) of title 46, United States Code, as in
effect on the day before the date of enactment of this title;
(2) section 9008 of the SAFETEA-LU Act (Public Law 109-59; 119
Stat. 1926);
(3) section 10205 of the SAFETEA-LU Act (Public Law 109-59; 119
Stat. 1934); and
(4) section 3512 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (48 U.S.C. 1421r).
(d) Remedial Actions.--Section 533 of the Coast Guard Authorization
Act of 2016 (Public Law 114-120; 130 Stat. 74) is amended by adding at
the end the following:
``(f) Remedial Actions.--For purposes of the conveyances under this
section, the remedial actions required under section 120(h) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9620(h)) may be completed by the United States Coast
Guard after the date of such conveyance and a deed entered into for
such conveyance shall include a clause granting the United States Coast
Guard access to the property in any case in which remedial action or
corrective action is found to be necessary after the date of such
conveyance.''.
(e) Environmental Compliance.--Section 534(a) of the Coast Guard
Authorization Act of 2016 (Public Law 114-120; 42 U.S.C. 9620 note) is
amended--
(1) by striking ``Nothing'' and inserting ``After the date on
which the Secretary of the Interior conveys land under section 533
of this Act, nothing''; and
(2) by inserting ``, with respect to contaminants on such land
prior to the date on which the land is conveyed'' before the
period.
SEC. 3515. ASSESSMENT AND REPORT ON STRATEGIC SEAPORTS.
(a) In General.--Not later than 90 days after the date of the
enactment of this title, the Secretary of Defense shall submit to the
Committee on Armed Services and the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Armed Services and the Committee on Commerce, Science, and
Transportation of the Senate a report on port facilities used for
military purposes at ports designated by the Department of Defense as
strategic seaports.
(b) Elements.--The report required by subsection (a) shall include,
with respect to port facilities included in the report, the following:
(1) An assessment of whether there are structural integrity or
other deficiencies in such facilities.
(2) If there are such deficiencies--
(A) an assessment of infrastructure improvements to such
facilities that would be needed to meet, directly or
indirectly, national security and readiness requirements;
(B) an assessment of the impact on operational readiness of
the Armed Forces if such improvements are not undertaken; and
(C) an identification of, to the maximum extent practical,
all potential funding sources for such improvements from
existing authorities.
(3) An identification of the support that would be appropriate
for the Department of Defense to provide in the execution of the
responsibilities of the Secretary of Transportation under section
50302 of title 46, United States Code, with respect to such
facilities.
(4) If additional statutory or administrative authorities would
be required for the provision of support as described in paragraph
(3), recommendations for legislative or administrative action to
establish such authorities.
(c) Consultation.--The Secretary of Defense shall prepare the
report required by subsection (a) in consultation with the Maritime
Administrator and the individual responsible for each port facility
described in such subsection.
SEC. 3516. TECHNICAL CORRECTIONS.
(a) Office of Personnel Management Guidance.--Not later than 120
days after the date of the enactment of this title, the Director of the
Office of Personnel Management, in consultation with the Administrator
of the Maritime Administration, shall identify key skills and
competencies necessary to maintain a balance of expertise in merchant
marine seagoing service and strategic sealift military service in each
of the following positions within the Office of the Commandant of the
Merchant Marine Academy:
(1) Commandant.
(2) Deputy Commandant.
(3) Tactical company officers.
(4) Regimental officers.
(b) Sea Year Compliance.--Section 3514(a)(1)(A) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 46
U.S.C. 51318 note) is amended by inserting ``domestic and
international'' after ``criteria that''.
SEC. 3517. UNITED STATES MERCHANT MARINE ACADEMY SEXUAL ASSAULT
PREVENTION AND RESPONSE PROGRAM.
(a) Implementation of Recommendations.--The Secretary of
Transportation shall ensure that, not later than 180 days after the
date of the enactment of this title, the recommendations in report of
the Inspector General of the Department of Transportation on the
effectiveness sexual assault prevention and response program of the
United States Merchant Marine Academy (mandated under section 3512 of
the National Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 130 Stat. 2786)), are fully implemented.
(b) Report.--Not later than 180 days after the date of the
enactment of this title, the Secretary of Transportation shall submit
to Congress a report that includes--
(1) confirmation that the recommendations described in
subsection (a) have been fully implemented, and explaining how
those recommendations have been implemented; or
(2) if such recommendations have not been fully implemented as
of the date of the report, an explanation of why such
recommendations have not been fully implemented and a description
of the resources that are needed to fully implement such
recommendations.
SEC. 3518. REPORT ON VESSELS FOR EMERGING OFFSHORE ENERGY
INFRASTRUCTURE.
(a) In General.--Not later than six months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and Transportation
of the Senate, the Committee on Energy and Natural Resources of the
Senate, and the Committee on Transportation and Infrastructure of the
House of Representatives a report on the need for vessels documented
under chapter 121 of title 46, United States Code, to install, operate,
and maintain emerging offshore energy infrastructure, including
offshore wind energy.
(b) Contents.--The report required by subsection (a) shall
include--
(1) an inventory of vessels documented under chapter 121 of
title 46, United States Code, (including existing vessels and
vessels that have the potential to be refurbished) to install,
operate, and maintain such emerging offshore energy infrastructure;
(2) a projection of existing vessels needed to meet such
emerging offshore energy needs over the next 10 years;
(3) a summary of actions taken or proposed by offshore energy
developers and producers, the United States domestic shipbuilding
industry, and United States coastwise qualified operators to ensure
sufficient vessel capacity in compliance with United States
coastwise laws; and
(4) a description of the potential benefits to the United
States maritime and shipbuilding industries and to the United
States economy associated with the use of United States coastwise
qualified vessels to support offshore energy development and
production.
SEC. 3519. REPORT ON UNITED STATES FLAGGED FUEL TANKER VESSEL CAPACITY.
(a) Report Required.--Concurrent with the budget of the President
for fiscal year 2021, as submitted to Congress under section 1105 of
title 31, United States Code, the Secretary of Defense shall, in
consultation with the Secretary of Transportation, submit to the
appropriate committees of Congress a report on the capabilities of the
United States to maintain adequate United States-flagged fuel tanker
vessel capacity to support the full range of anticipated military
operations over each period as follows:
(1) In 2020.
(2) Between 2020 and 2025.
(3) Between 2020 and 2030.
(b) Elements.--The report required by subsection (a) shall include,
for each period specified in that subsection, the following:
(1) A description of current and projected United States-
flagged fuel tanker vessel capacity.
(2) A description of current and projected United States
military needs for United States-flagged fuel tanker vessel
capacity, including the most stressing peacetime and wartime
requirements.
(3) A description and assessment of the number of foreign-
flagged tanker vessels required to address United States military
needs described pursuant to paragraph (2), including the most
stressing peacetime and wartime requirements.
(4) An identification and assessment of any gaps in the
capacity described pursuant to paragraph (1) to meet the United
States military needs described pursuant to paragraph (2),
including quantities of tanker vessels, as well as an assessment of
the risk to military objectives due to reliance on foreign-flagged
tanker vessels described pursuant to paragraph (3).
(5) A description and assessment of options to address the gaps
identified pursuant to paragraph (4), including the establishment
of a program for United States-flagged fuel tanker vessels modeled
on the Maritime Security Program.
(6) Such recommendations as the Secretary of Defense considers
appropriate in light of the matters set forth in the report.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(d) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and Transportation
and the Committee on Armed Services of the Senate; and
(B) the Committee on Transportation and Infrastructure and
the Committee on Armed Services of the House of
Representatives.
(2) The term ``Maritime Security Program'' means the program in
connection with the Maritime Security Fleet under chapter 531 of
title 46, United States Code.
Subtitle B--Cable Security Fleet
SEC. 3521. ESTABLISHMENT OF CABLE SECURITY FLEET.
(a) In General.--Title 46, United States Code, is amended by
inserting before chapter 533 the following new chapter:
``CHAPTER 532--CABLE SECURITY FLEET
``Sec.
``53201. Definitions.
``53202. Establishment of the Cable Security Fleet.
``53203. Award of operating agreements.
``53204. Effectiveness of operating agreements.
``53205. Obligations and rights under operating agreements.
``53206. Payments.
``53207. National security requirements.
``53208. Regulatory relief.
``53209. Authorization of appropriations.
``Sec. 53201. Definitions
``In this chapter:
``(1) Cable services.--The term `cable services' means the
installation, maintenance, or repair of submarine cables and
related equipment, and related cable vessel operations.
``(2) Cable vessel.--The term `cable vessel' means a vessel--
``(A) classed as a cable ship or cable vessel by, and
designed in accordance with the rules of, the American Bureau
of Shipping, or another classification society accepted by the
Secretary; and
``(B) capable of installing, maintaining, and repairing
submarine cables.
``(3) Cable fleet.--The term `Cable Fleet' means the Cable
Security Fleet established under section 53202(a).
``(4) Contingency agreement.--The term `Contingency Agreement'
means the agreement required by section 53207.
``(5) Contractor.--The term `Contractor' means an owner or
operator of a vessel that enters into an Operating Agreement for a
cable vessel with the Secretary under section 53203.
``(6) Fiscal year.--The term `fiscal year' means any annual
period beginning on October 1 and ending on September 30.
``(7) Operating agency.--The term `Operating Agency' means that
agency or component of the Department of Defense so designated by
the Secretary of Defense under this chapter.
``(8) Operating agreement or agreement.--The terms `Operating
Agreement' or `Agreement' mean the agreement required by section
53203.
``(9) Person.--The term `person' includes corporations,
partnerships, and associations existing under or authorized by the
laws of the United States, or any State, Territory, District, or
possession thereof, or of any foreign country.
``(10) Secretary.--The term `Secretary' means the Secretary of
Transportation.
``(11) United states.--The term `United States' includes the
States, the District of Columbia, the Commonwealth of Puerto Rico,
the Northern Mariana Islands, Guam, American Samoa, and the Virgin
Islands.
``(12) United states citizen trust.--
``(A) Subject to paragraph (C), the term `United States
citizen trust' means a trust that is qualified under this
paragraph.
``(B) A trust is qualified under this paragraph with
respect to a vessel only if--
``(i) it was created under the laws of a state of the
United States;
``(ii) each of the trustees is a citizen of the United
States; and
``(iii) the application for documentation of the vessel
under chapter 121 of this title includes the affidavit of
each trustee stating that the trustee is not aware of any
reason involving a beneficiary of the trust that is not a
citizen of the United States, or involving any other person
that is not a citizen of the United States, as a result of
which the beneficiary or other person would hold more than
25 percent of the aggregate power to influence, or limit
the exercise of the authority of, the trustee with respect
to matters involving any ownership or operation of the
vessel that may adversely affect the interests of the
United States.
``(C) If any person that is not a citizen of the United
States has authority to direct, or participate in directing,
the trustee for a trust in matters involving any ownership or
operation of the vessel that may adversely affect the interests
of the United States or in removing a trustee for a trust
without cause, either directly or indirectly through the
control of another person, the trust is not qualified under
this paragraph unless the trust instrument provides that
persons who are not citizens of the United States may not hold
more than 25 percent of the aggregate authority to direct or
remove a trustee.
``(D) This paragraph shall not be considered to prohibit a
person who is not a citizen of the United States from holding
more than 25 percent of the beneficial interest in a trust.
``Sec. 53202. Establishment of the Cable Security Fleet
``(a) In General.--(1) The Secretary, in consultation with the
Operating Agency, shall establish a fleet of active, commercially
viable, cable vessels to meet national security requirements. The fleet
shall consist of privately owned, United States-documented cable
vessels for which there are in effect Operating Agreements under this
chapter, and shall be known as the Cable Security Fleet.
``(2) The Fleet described under this section shall include two
vessels.
``(b) Vessel Eligibility.--A cable vessel is eligible to be
included in the Fleet if--
``(1) the vessel meets the requirements of paragraph (1), (2),
(3), or (4) of subsection (c);
``(2) the vessel is operated (or in the case of a vessel to be
constructed, will be operated) in commercial service providing
cable services;
``(3) the vessel is 40 years of age or less on the date the
vessel is included in the Fleet;
``(4) the vessel is--
``(A) determined by the Operating Agency to be suitable for
engaging in cable services by the United States in the interest
of national security; and
``(B) determined by the Secretary to be commercially
viable, whether independently or taking any payments which are
the consequence of participation in the Cable Fleet into
account; and
``(5) the vessel--
``(A) is a United States-documented vessel; or
``(B) is not a United States-documented vessel, but--
``(i) the owner of the vessel has demonstrated an
intent to have the vessel documented under chapter 121 of
this title if it is included in the Cable Fleet; and
``(ii) at the time an Operating Agreement is entered
into under this chapter, the vessel is eligible for
documentation under chapter 121 of this title.
``(c) Requirements Regarding Citizenship of Owners and Operators.--
``(1) Vessels owned and operated by section 50501 citizens.--A
vessel meets the requirements of this paragraph if, during the
period of an Operating Agreement under this chapter that applies to
the vessel, the vessel will be owned and operated by one or more
persons that are citizens of the United states under section 50501
of this title.
``(2) Vessels owned by a section 50501 citizen, or united
states citizen trust, and chartered to a documentation citizen.--A
vessel meets the requirements of this paragraph if--
``(A) during the period of an Operating Agreement under
this chapter that applies to the vessel, the vessel will be--
``(i) owned by a person that is a citizen of the United
States under section 50501 of this title or that is a
United States citizen trust; and
``(ii) demise chartered to and operated by a person--
``(I) that is eligible to document the vessel under
chapter 121 of this title;
``(II) the chairman of the board of directors,
chief executive officer, and a majority of the members
of the board of directors of which are citizens of the
United States under section 50501 of this title, and
are appointed and subject to removal only upon approval
by the Secretary; and
``(III) that certifies to the Secretary that there
are no treaties, statutes, regulations, or other laws
that would prohibit the Contractor for the vessel from
performing its obligations under an Operating Agreement
under this chapter;
``(B) in the case of a vessel that will be demise chartered
to a person that is owned or controlled by another person that
is not a citizen of the United States under section 50501 of
this title, the other person enters into an agreement with the
Secretary not to influence the operation of the vessel in a
manner that will adversely affect the interests of the United
States; and
``(C) the Secretary and the Operating Agency notify the
Committee on Armed Services and the Committee on Commerce,
Science and Transportation of the Senate, and the Committee on
Armed Services of the House of Representatives that they
concur, and have reviewed the certification required under
subparagraph (A)(ii)(III) and determined that there are no
legal, operational, or other impediments that would prohibit
the Contractor for the vessel from performing its obligations
under an Operating Agreement under this chapter.
``(3) Vessel owned and operated by a defense contractor.--A
vessel meets the requirements of this paragraph if--
``(A) during the period of an Operating Agreement under
this chapter that applies to the vessel, the vessel will be
owned and operated by a person that--
``(i) is eligible to document a vessel under chapter
121 of this title;
``(ii) operates or manages other United States-
documented vessels for the Secretary of Defense, or
charters other vessels to the Secretary of Defense;
``(iii) has entered into a special security agreement
for purposes of this paragraph with the Secretary of
Defense;
``(iv) makes the certification described in paragraph
(2)(A)(ii)(III); and
``(v) in the case of a vessel described in paragraph
(2)(B), enters into an agreement referred to in that
paragraph; and
``(B) the Secretary and the Secretary of Defense notify the
Committee on Armed Services and Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Armed
Services of the House of Representatives that they have
reviewed the certification required by subparagraph (A)(iv) and
determined that there are no other legal, operational, or other
impediments that would prohibit the Contractor for the vessel
from performing its obligations under an Operating Agreement
under this chapter.
``(4) Vessel owned by a documentation citizen and chartered to
a section 50501 citizen.--A vessel meets the requirements of this
paragraph if, during the period of an Operating Agreement under
this chapter that applies to the vessel, the vessel will be--
``(A) owned by a person that is eligible to document a
vessel under chapter 121 of this title; and
``(B) demise chartered to a person that is a citizen of the
United States under section 50501 of this title.
``(d) Vessel Standards.--
``(1) Certificate of inspection.--A cable vessel which the
Secretary of the Department in which the Coast Guard is operating
determines meets the criteria of subsection (b) of this section but
which, on the date of enactment of the Act, is not documented under
chapter 121 of this title, shall be eligible for a certificate of
inspection if that Secretary determines that--
``(A) the vessel is classed by, and designed in accordance
with the rules of, the American Bureau of Shipping, or another
classification society accepted by that Secretary;
``(B) the vessel complies with applicable international
agreements and associated guidelines, as determined by the
country in which the vessel was documented immediately before
becoming documented under chapter 121; and
``(C) that country has not been identified by that
Secretary as inadequately enforcing international vessel
regulations as to that vessel.
``(2) Continued eligibility for certificate.--Paragraph (1)
does not apply to a vessel after any date on which the vessel fails
to comply with the applicable international agreements and
associated guidelines referred to in paragraph (1)(B).
``(3) Reliance on classification society.--
``(A) In general.--The Secretary of the Department in which
the Coast Guard is operating may rely on a certification from
the American Bureau of Shipping or, subject to subparagraph
(B), another classification society accepted by that Secretary
to establish that a vessel is in compliance with the
requirements of paragraphs (1) and (2).
``(B) Foreign classification society.--The Secretary of the
Department in which the Coast Guard is operating may accept
certification from a foreign classification society under
subparagraph (A) only--
``(i) to the extent that the government of the foreign
country in which the society is headquartered provides
access on a reciprocal basis to the American Bureau of
Shipping; and
``(ii) if the foreign classification society has
offices and maintains records in the United States.
``(e) Waiver of Age Registration.--The Secretary, in conjunction
with the Operating Agency, may waive the application of the age
restriction under subsection (b)(3) if they jointly determine that the
waiver--
``(1) is in the national interest;
``(2) the subject cable vessel and any associated operating
network is and will continue to be economically viable; and
``(3) is necessary due to the lack of availability of other
vessels and operators that comply with the requirements of this
chapter.
``Sec. 53203. Award of operating agreements
``(a) In General.--The Secretary shall require, as a condition of
including any vessel in the Cable Fleet, that the person that is the
owner or operator of the vessel for purposes of section 53202(c) enter
into an Operating Agreement with the Secretary under this section.
``(b) Procedure for Applications.--
``(1) Acceptance of applications.--Beginning no later than 60
days after the effective date of this chapter, the Secretary shall
accept applications for enrollment of vessels in the Cable Fleet.
``(2) Action on applications.--Within 120 days after receipt of
an application for enrollment of a vessel in the Cable Fleet, the
Secretary shall approve the application in conjunction with the
Operating Agency, and shall enter into an Operating Agreement with
the applicant, or provide in writing the reason for denial of that
application.
``(c) Priority for Awarding Agreements.--Subject to the
availability of appropriations, the Secretary shall enter into
Operating Agreements with those vessels determined by the Operating
Agency, in its sole discretion, to best meet the national security
requirements of the United States. After consideration of national
security requirements, priority shall be given to an applicant that is
a United States citizen under section 50501 of this title.
``Sec. 53204. Effectiveness of operating agreements
``(a) Effectiveness Generally.--The Secretary may enter into an
Operating Agreement under this chapter for fiscal year 2021. Except as
provided in subsection (d), the agreement shall be effective only for
one fiscal year, but shall be renewable, subject to available
appropriations, for each subsequent year.
``(b) Vessels Under Charter to the United States.--Vessels under
charter to the United States are eligible to receive payments pursuant
to their Operating Agreements.
``(c) Termination.--
``(1) Termination by the secretary.--If the Contractor with
respect to an Operating Agreement materially fails to comply with
the terms of the Agreement--
``(A) the Secretary shall notify the Contractor and provide
a reasonable opportunity for it to comply with the Operating
Agreement;
``(B) the Secretary shall terminate the Operating Agreement
if the Contractor fails to achieve such compliance; and
``(C) upon such termination, any funds obligated by the
Agreement shall be available to the Secretary to carry out this
chapter.
``(2) Early termination by a contractor.--An Operating
Agreement under this chapter shall terminate on a date specified by
the Contractor if the Contractor notifies the Secretary, not fewer
than 60 days prior to the effective date of the termination, that
the Contractor intends to terminate the Agreement.
``(d) Nonrenewal for Lack of Funds.--If, by the first day of a
fiscal year, sufficient funds have not been appropriated under the
authority provided by this chapter for that fiscal year for all
Operating Agreements, then the Secretary shall notify the Committee on
Armed Services and the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Armed Services of the
House of Representatives that Operating Agreements authorized under
this chapter for which sufficient funds are not available will not be
renewed for that fiscal year if sufficient funds are not appropriated
by the 60th day of that fiscal year. If only partial funding is
appropriated by the 60th day of such fiscal year, then the Secretary,
in consultation with the Operating Agency, shall select the vessels to
retain under Operating Agreements, based on their determinations of
which vessels are most useful for national security. In the event that
no funds are appropriated, then no Operating Agreements shall be
renewed and each Contractor shall be released from its obligations
under the Operating Agreement. Final payments under an Operating
Agreement that is not renewed shall be made in accordance with section
53206. To the extent that sufficient funds are appropriated in a
subsequent fiscal year, an Operating Agreement that has not been
renewed pursuant to this subsection may be reinstated if mutually
acceptable to the Secretary, in consultation with the Operating Agency,
and the Contractor, provided the vessel remains eligible for
participation pursuant to section 53202, without regard to subsection
53202 (b)(3).
``(e) Release of Vessels From Obligations.--If funds are not
appropriated for payments under an Operating Agreement under this
chapter for any fiscal year by the 60th day of a fiscal year, and the
Secretary, in consultation with the Operating Agency determines to not
renew a Contractor's Operating Agreement for a vessel, then--
``(1) each vessel covered by the Operating Agreement that is
not renewed is thereby released from any further obligation under
the Operating Agreement;
``(2) the owner or operator of the vessel whose Operating
Agreement was not renewed may transfer and register such vessel
under a foreign registry that is acceptable to the Secretary and
the Operating Agency, notwithstanding section 56101 of this title;
and
``(3) if chapter 563 of this title is applicable to such vessel
after registration, then the vessel is available to be
requisitioned by the Secretary pursuant to chapter 563.
``Sec. 53205. Obligations and rights under operating agreements
``(a) Operation of Vessel.--An Operating Agreement under this
chapter shall require that, during the period the vessel is operating
under the Agreement, the vessel--
``(1) shall be operated in the trade for Cable Services, or
under a charter to the United States; and
``(2) shall be documented under chapter 121 of this title.
``(b) Annual Payments by the Secretary.--
``(1) In general.--An Operating Agreement under this chapter
shall require, subject to the availability of appropriations, that
the Secretary make payment to the Contractor in accordance with
section 53206.
``(2) Operating agreement is an obligation of the united states
government.--An Operating Agreement under this chapter constitutes
a contractual obligation of the United States Government to pay the
amounts provided for in the Operating Agreement to the extent of
actual appropriations.
``(c) Documentation Requirement.--Each vessel covered by an
Operating Agreement (including an Agreement terminated under section
53204(c)(2)) shall remain documented under chapter 121 of this title,
until the date the Operating Agreement would terminate according to its
own terms.
``(d) National Security Requirements.--
``(1) In general.--A Contractor with respect to an Operating
Agreement (including an Agreement terminated under section
53204(c)(2)) shall continue to be bound by the provisions of
section 53207 until the date the Operating Agreement would
terminate according to its terms.
``(2) Contingency agreement with operating agency.--All terms
and conditions of a Contingency Agreement entered into under
section 53207 shall remain in effect until a date the Operating
Agreement would terminate according to its terms, except that the
terms of such Contingency Agreement may be modified by the mutual
consent of the Contractor, and the Operating Agency.
``(e) Transfer of Operating Agreements.--Operating Agreements shall
not be transferrable by the Contractor.
``(f) Replacement Vessel.--A Contractor may replace a vessel under
an Operating Agreement with another vessel that is eligible to be
included in the Fleet under section 53202(b), if the Secretary and the
Operating Agency jointly determine that the replacement vessel meets
national security requirements and approve the replacement.
``Sec. 53206. Payments
``(a) Annual Payment.--
``(1) In general.--The Secretary, subject to availability of
appropriations and other provisions of this section, shall pay to
the Contractor for an operating agreement, for each vessel that is
covered by the operating agreement, an amount equal to $5,000,000
for each fiscal year 2021 through 2035.
``(2) Timing.--This amount shall be paid in equal monthly
installments at the end of each month. The amount shall not be
reduced except as provided by this section.
``(b) Certification Required for Payment.--As a condition of
receiving payment under this section for a fiscal year for a vessel,
the Contractor for the vessel shall certify that the vessel has been
and will be operated in accordance with section 53205(a)(1) for 365
days in each fiscal year. Up to thirty (30) days during which the
vessel is drydocked, surveyed, inspected, or repaired shall be
considered days of operation for purposes of this subsection.
``(c) General Limitations.--The Secretary shall not make any
payment under this chapter for a vessel with respect to any days for
which the vessel is--
``(1) not operated or maintained in accordance with an
Operating Agreement under this chapter; or
``(2) more than 40 years of age.
``(d) Reductions in Payments.--With respect to payments under this
chapter for a vessel covered by an Operating Agreement, the Secretary
shall make a pro rata reduction for each day less than 365 in a fiscal
year that the vessel is not operated in accordance with section
53205(a)(1), with days during which the vessel is drydocked or
undergoing survey, inspection or repair to be considered days on which
the vessel is operated as provided in subsection (b).
``Sec. 53207. National security requirements
``(a) Contingency Agreement Required.--The Secretary shall include
in each Operating Agreement under this chapter a requirement that the
Contractor enter into a Contingency Agreement with the Operating
Agency. The Operating Agency shall negotiate and enter into a
Contingency Agreement with each Contractor as promptly as practicable
after the Contractor has entered into an Operating Agreement under this
chapter.
``(b) Terms of Contingency Agreement.--
``(1) In general.--A Contingency Agreement under this section
shall require that a Contractor for a vessel covered by an
Operating Agreement under this chapter make the vessel, including
all necessary resources to engage in Cable Services required by the
Operating Agency, available upon request by the Operating Agency.
``(2) Terms.--
``(A) In general.--The basic terms of a Contingency
Agreement shall be established (subject to subparagraph (B)) by
the Operating Agency.
``(B) Additional terms.--The Operating Agency and a
Contractor may agree to additional or modifying terms
appropriate to the Contractor's circumstances.
``(c) Defense Measures Against Unauthorized Seizures.--(1) The
Contingency Agreement shall require that any vessel operating under the
direction of the Operating Agency operating in area that is designated
by the Coast Guard as an area of high risk of piracy shall be equipped
with, at a minimum, appropriate non-lethal defense measures to protect
the vessel and crew from unauthorized seizure at sea.
``(2) The Secretary of Defense and the Secretary of the department
in which the Coast Guard is operating shall jointly prescribe the non-
lethal defense measures that are required under this paragraph.
``(d) Participation After Expiration of Operating Agreement.--
Except as provided by section 53205(d), the Operating Agency may not
require, through a Contingency Agreement or an Operating Agreement,
that a Contractor continue to participate in a Contingency Agreement
after the Operating Agreement with the Contractor has expired according
to its terms or is otherwise no longer in effect.
``(e) Resources Made Available.--The resources to be made available
in addition to the vessel under a Contingency Agreement shall include
all equipment, personnel, supplies, management services, and other
related services as the Operating Agency may determine to be necessary
to provide the Cable Services required by the Operating Agency.
``(f) Compensation.--
``(1) In general.--The Operating Agency shall include in each
Contingency Agreement provisions under which the Operating Agency
shall pay fair and reasonable compensation for use of the vessel
and all Cable Services provided pursuant to this section and the
Contingency Agreement.
``(2) Specific requirements.--Compensation under this
subsection--
``(A) shall be at the rate specified in the Contingency
Agreement;
``(B) shall be provided from the time that a vessel is
required by the Operating Agency under the Contingency
Agreement until the time it is made available by the Operating
Agency available to reenter commercial service; and
``(C) shall be in addition to and shall not in any way
reflect amounts payable under section 53206.
``(g) Liability of the United States for Damages.--
``(1) Limitation on the liability of the u.s.--Except as
otherwise provided by law, the Government shall not be liable for
disruption of a Contractor's commercial business or other
consequential damages to a Contractor arising from the activation
of the Contingency Agreement.
``(2) Affirmative defense.--In any action in any Federal or
State court for breach of third-party contract, there shall be
available as an affirmative defense that the alleged breach of
contract was caused predominantly by action taken to carry out a
Contingent Agreement. Such defense shall not release the party
asserting it from any obligation under applicable law to mitigate
damages to the greatest extent possible.
``Sec. 53208. Regulatory relief
``The telecommunications and other electronic equipment on an
existing vessel that is redocumented under the laws of the United
States for operation under an Operating Agreement under this chapter
shall be deemed to satisfy all Federal Communication Commission
equipment certification requirements, if--
``(1) such equipment complies with all applicable international
agreements and associated guidelines as determined by the country
in which the vessel was documented immediately before becoming
documented under the laws of the United States;
``(2) that country has not been identified by the Secretary of
the Department in which the Coast Guard is operating as
inadequately enforcing international regulations as to that vessel;
and
``(3) at the end of its useful life, such equipment shall be
replaced with equipment that meets Federal Communication Commission
equipment certification standards.
``Sec. 53209. Authorization of appropriations
``There are authorized to be appropriated for payments under
section 53206, $10,000,000 for each of the fiscal years 2021 through
2035.''.
(b) Conforming Amendment.--The table of chapters at the beginning
of subtitle V of title 46, United States Code, is amended by inserting
before the item relating to chapter 533 the following new item:
``532. Cable Security Fleet.....................................53201''.
Subtitle C--Maritime SAFE Act
SEC. 3531. SHORT TITLES.
This subtitle may be cited as the ``Maritime Security and Fisheries
Enforcement Act'' or the ``Maritime SAFE Act''.
SEC. 3532. DEFINITIONS.
In this subtitle:
(1) AIS.--The term ``AIS'' means Automatic Identification
System (as defined in section 164.46 of title 33, Code of Federal
Regulations, or a similar successor regulation).
(2) Combined maritime forces.--The term ``Combined Maritime
Forces'' means the 33-nation naval partnership, originally
established in February 2002, which promotes security, stability,
and prosperity across approximately 3,200,000 square miles of
international waters.
(3) Exclusive economic zone.--
(A) In general.--Unless otherwise specified by the
President as being in the public interest in a writing
published in the Federal Register, the term ``exclusive
economic zone'' means--
(i) the area within a zone established by a maritime
boundary that has been established by a treaty in force or
a treaty that is being provisionally applied by the United
States; or
(ii) in the absence of a treaty described in clause
(i)--
(I) a zone, the outer boundary of which is 200
nautical miles from the baseline from which the breadth
of the territorial sea is measured; or
(II) if the distance between the United States and
another country is less than 400 nautical miles, a
zone, the outer boundary of which is represented by a
line equidistant between the United States and the
other country.
(B) Inner boundary.--Without affecting any Presidential
Proclamation with regard to the establishment of the United
States territorial sea or exclusive economic zone, the inner
boundary of the exclusive economic zone is--
(i) in the case of coastal States, a line coterminous
with the seaward boundary of each such State (as described
in section 4 of the Submerged Lands Act (43 U.S.C. 1312));
(ii) in the case of the Commonwealth of Puerto Rico, a
line that is 3 marine leagues from the coastline of the
Commonwealth of Puerto Rico;
(iii) in the case of American Samoa, the United States
Virgin Islands, Guam, and the Northern Mariana Islands, a
line that is 3 geographic miles from the coastlines of
American Samoa, the United States Virgin Islands, Guam, or
the Northern Mariana Islands, respectively; or
(iv) for any possession of the United States not
referred to in clause (ii) or (iii), the coastline of such
possession.
(C) Rule of construction.--Nothing in this paragraph may be
construed to diminish the authority of the Department of
Defense, the Department of the Interior, or any other Federal
department or agency.
(4) Food security.--The term ``food security'' means access to,
and availability, utilization, and stability of, sufficient food to
meet caloric and nutritional needs for an active and healthy life.
(5) Global record of fishing vessels, refrigerated transport
vessels, and supply vessels.--The term ``global record of fishing
vessels, refrigerated transport vessels, and supply vessels'' means
the Food and Agriculture Organization of the United Nations'
initiative to rapidly make available certified data from state
authorities about vessels and vessel related activities.
(6) IUU fishing.--The term ``IUU fishing'' means illegal
fishing, unreported fishing, or unregulated fishing (as such terms
are defined in paragraph 3 of the International Plan of Action to
Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated
Fishing, adopted at the 24th Session of the Committee on Fisheries
in Rome on March 2, 2001).
(7) Port state measures agreement.--The term ``Port State
Measures Agreement'' means the Agreement on Port State Measures to
Prevent, Deter, and Eliminate Illegal, Unreported, and Unregulated
Fishing set forth by the Food and Agriculture Organization of the
United Nations, done at Rome, Italy November 22, 2009, and entered
into force June 5, 2016, which offers standards for reporting and
inspecting fishing activities of foreign-flagged fishing vessels at
port.
(8) Priority flag state.--The term ``priority flag state''
means a country selected in accordance with section 3552 (b)(3)--
(A) whereby the flagged vessels of which actively engage
in, knowingly profit from, or are complicit in IUU fishing; and
(B) that is willing, but lacks the capacity, to monitor or
take effective enforcement action against its fleet.
(9) Priority region.--The term ``priority region'' means a
region selected in accordance with section 3552 (b)(2)--
(A) that is at high risk for IUU fishing activity or the
entry of illegally caught seafood into the markets of countries
in the region; and
(B) in which countries lack the capacity to fully address
the illegal activity described in subparagraph (A).
(10) Regional fisheries management organization.--The term
``Regional Fisheries Management Organization'' means an
intergovernmental fisheries organization or arrangement, as
appropriate, that has the competence to establish conservation and
management measures.
(11) Seafood.--The term ``seafood''--
(A) means marine finfish, mollusks, crustaceans, and all
other forms of marine animal and plant life, including those
grown, produced, or reared through marine aquaculture
operations or techniques; and
(B) does not include marine mammals, turtles, or birds.
(12) Transnational organized illegal activity.--The term
``transnational organized illegal activity'' means criminal
activity conducted by self-perpetuating associations of individuals
who operate transnationally for the purpose of obtaining power,
influence, or monetary or commercial gains, wholly or in part by
illegal means, while protecting their activities through a pattern
of corruption or violence or through a transnational organizational
structure and the exploitation of transnational commerce or
communication mechanisms.
(13) Transshipment.--The term ``transshipment'' means the use
of refrigerated vessels that--
(A) collect catch from multiple fishing boats;
(B) carry the accumulated catches back to port; and
(C) deliver supplies to fishing boats, which allows fishing
vessels to remain at sea for extended periods without coming
into port.
SEC. 3533. PURPOSES.
The purposes of this subtitle are--
(1) to support a whole-of-government approach across the
Federal Government to counter IUU fishing and related threats to
maritime security;
(2) to improve data sharing that enhances surveillance,
enforcement, and prosecution against IUU fishing and related
activities at a global level;
(3) to support coordination and collaboration to counter IUU
fishing within priority regions;
(4) to increase and improve global transparency and
traceability across the seafood supply chain as--
(A) a deterrent to IUU fishing; and
(B) a tool for strengthening fisheries management and food
security;
(5) to improve global enforcement operations against IUU
fishing through a whole-of-government approach by the United
States; and
(6) to prevent the use of IUU fishing as a financing source for
transnational organized groups that undermine United States and
global security interests.
SEC. 3534. STATEMENT OF POLICY.
It is the policy of the United States_
(1) to take action to curtail the global trade in seafood and
seafood products derived from IUU fishing, including its links to
forced labor and transnational organized illegal activity;
(2) to develop holistic diplomatic, military, law enforcement,
economic, and capacity-building tools to counter IUU fishing;
(3) to provide technical assistance to countries in priority
regions and priority flag states to combat IUU fishing, including
assistance--
(A) to increase local, national, and regional level
capacities to counter IUU fishing through the engagement of law
enforcement and security forces;
(B) to enhance port capacity and security, including by
supporting other countries in working toward the adoption and
implementation of the Port State Measures Agreement;
(C) to combat corruption and increase transparency and
traceability in fisheries management and trade;
(D) to enhance information sharing within and across
governments and multilateral organizations through the
development and use of agreed standards for information
sharing; and
(E) to support effective, science-based fisheries
management regimes that promote legal and safe fisheries and
act as a deterrent to IUU fishing;
(4) to promote global maritime security through improved
capacity and technological assistance to support improved maritime
domain awareness;
(5) to engage with priority flag states to encourage the use of
high quality vessel tracking technologies where existing
enforcement tools are lacking;
(6) to engage with multilateral organizations working on
fisheries issues, including Regional Fisheries Management
Organizations and the Food and Agriculture Organization of the
United Nations, to combat and deter IUU fishing;
(7) to advance information sharing across governments and
multilateral organizations in areas that cross multiple
jurisdictions, through the development and use of an agreed
standard for information sharing;
(8) to continue to use existing and future trade agreements to
combat IUU fishing;
(9) to employ appropriate assets and resources of the United
States Government in a coordinated manner to disrupt the illicit
networks involved in IUU fishing;
(10) to continue to declassify and make available, as
appropriate and practicable, technologies developed by the United
States Government that can be used to help counter IUU fishing;
(11) to recognize the ties of IUU fishing to transnational
organized illegal activity, including human trafficking and illegal
trade in narcotics and arms, and as applicable, to focus on illicit
activity in a coordinated, cross-cutting manner;
(12) to recognize and respond to poor working conditions, labor
abuses, and other violent crimes in the fishing industry;
(13) to increase and improve global transparency and
traceability along the seafood supply chain as--
(A) a deterrent to IUU fishing; and
(B) an approach for strengthening fisheries management and
food security; and
(14) to promote technological investment and innovation to
combat IUU fishing.
PART I--PROGRAMS TO COMBAT IUU FISHING AND INCREASE MARITIME SECURITY
SEC. 3541. COORDINATION WITH INTERNATIONAL ORGANIZATIONS.
The Secretary of State, in consultation with the Secretary of
Commerce, shall coordinate with Regional Fisheries Management
Organizations and the Food and Agriculture Organization of the United
Nations, and may coordinate with other relevant international
governmental or nongovernmental organizations, or the private sector,
as appropriate, to enhance regional responses to IUU fishing and
related transnational organized illegal activities.
SEC. 3542. ENGAGEMENT OF DIPLOMATIC MISSIONS OF THE UNITED STATES.
Not later than 1 year after the date of the enactment of this
title, each chief of mission (as defined in section 102 of the Foreign
Service Act of 1980 (22 U.S.C. 3902)) to a relevant country in a
priority region or to a priority flag state may, if the Secretary of
State determines such action is appropriate--
(1) convene a working group, led by Department of State
officials, to examine IUU fishing, which may include stakeholders
such as--
(A) United States officials from relevant agencies
participating in the interagency Working Group identified in
section 3551, foreign officials, nongovernmental organizations,
the private sector, and representatives of local fishermen in
the region; and
(B) experts on IUU fishing, law enforcement, criminal
justice, transnational organized illegal activity, defense,
intelligence, vessel movement monitoring, and international
development operating in or with knowledge of the region; and
(2) designate a counter-IUU Fishing Coordinator from among
existing personnel at the mission if the chief of mission
determines such action is appropriate.
SEC. 3543. ASSISTANCE BY FEDERAL AGENCIES TO IMPROVE LAW ENFORCEMENT
WITHIN PRIORITY REGIONS AND PRIORITY FLAG STATES.
(a) In General.--The Secretary of State, in consultation with the
Secretary of Commerce and the Commandant of the Coast Guard when the
Coast Guard is not operating as a service in the Department of the
Navy, as well as any other relevant department or agency, shall provide
assistance, as appropriate, in accordance with this section.
(b) Law Enforcement Training and Coordination Activities.--The
officials referred to in subsection (a) shall evaluate opportunities to
provide assistance, as appropriate, to countries in priority regions
and priority flag states to improve the effectiveness of IUU fishing
enforcement, with clear and measurable targets and indicators of
success, including--
(1) by assessing and using existing resources, enforcement
tools, and legal authorities to coordinate efforts to combat IUU
fishing with efforts to combat other illegal trade, including
weapons, drugs, and human trafficking;
(2) by expanding existing IUU fishing enforcement training;
(3) by providing targeted, country- and region-specific
training on combating IUU fishing, including in those countries
that have not adopted the Port State Measures Agreement;
(4) by supporting increased effectiveness and transparency of
the fisheries enforcement sectors of the governments of such
countries; and
(5) by supporting increased outreach to stakeholders in the
affected communities as key partners in combating and prosecuting
IUU fishing.
(c) Implementation of Port State Measures.--The officials referred
to in subsection (a) shall evaluate opportunities to provide
assistance, as appropriate, to countries in priority regions and
priority flag states to help those states implement programs related to
port security and capacity for the purposes of preventing IUU fishing
products from entering the global seafood market, including by
supporting other countries in working toward the adoption and
implementation of the Port State Measures Agreement.
(d) Capacity Building for Investigations and Prosecutions.--The
officials referred to in subsection (a), in collaboration with the
governments of countries in priority regions and of priority flag
states, shall evaluate opportunities to assist those countries in
designing and implementing programs in such countries, as appropriate,
to increase the capacity of IUU fishing enforcement and customs and
border security officers to improve their ability--
(1) to conduct effective investigations, including using law
enforcement techniques such as undercover investigations and the
development of informer networks and actionable intelligence;
(2) to conduct vessel boardings and inspections at sea and
associated enforcement actions;
(3) to exercise existing shiprider agreements and to enter into
and implement new shiprider agreements, as appropriate, including
in those countries that have not adopted the Port State Measures
Agreement;
(4) to conduct vessel inspections at port and associated
enforcement actions;
(5) to assess technology needs and promote the use of
technology to improve monitoring, enforcement, and prosecution of
IUU fishing;
(6) to conduct DNA-based and forensic identification of seafood
used in trade;
(7) to conduct training on techniques, such as collecting
electronic evidence and using computer forensics, for law
enforcement personnel involved in complex investigations related to
international matters, financial issues, and government corruption
that include IUU fishing;
(8) to assess financial flows and the use of financial
institutions to launder profits related to IUU fishing;
(9) to conduct training on the legal mechanisms that can be
used to prosecute those identified in the investigations as alleged
perpetrators of IUU fishing and other associated crimes such as
trafficking and forced labor; and
(10) to conduct training to raise awareness of the use of
whistleblower information and ways to incentivize whistleblowers to
come forward with original information related to IUU fishing.
(e) Capacity Building for Information Sharing.--The officials
referred to in subsection (a) shall evaluate opportunities to provide
assistance, as appropriate, to key countries in priority regions and
priority flag states in the form of training, equipment, and systems
development to build capacity for information sharing related to
maritime enforcement and port security.
(f) Coordination With Other Relevant Agencies.--The Secretary of
State shall coordinate, as appropriate, with the Secretary of Commerce,
the Commandant of the Coast Guard when the Coast Guard is not operating
as a service in the Department of the Navy, and with other relevant
Federal agencies in accordance with this section.
SEC. 3544. EXPANSION OF EXISTING MECHANISMS TO COMBAT IUU FISHING.
(a) Mechanisms to Combat IUU Fishing.--The Secretary of State, the
Administrator of the United States Agency for International
Development, the Secretary of the Department in which the Coast Guard
is operating when it is not operating as a service in the Department of
the Navy, the Secretary of Defense, the Secretary of Commerce, the
Attorney General, and the heads of other appropriate Federal agencies
shall assess opportunities to combat IUU fishing by expanding, as
appropriate, the use of the following mechanisms:
(1) Including counter-IUU fishing in existing shiprider
agreements in which the United States is a party.
(2) Entering into shiprider agreements that include counter-IUU
fishing with priority flag states and countries in priority regions
with which the United States does not already have such an
agreement.
(3) Including counter-IUU fishing as part of the mission of the
Combined Maritime Forces.
(4) Including counter-IUU fishing exercises in the annual at-
sea exercises conducted by the Department of Defense, in
coordination with the United States Coast Guard.
(5) Creating partnerships similar to the Oceania Maritime
Security Initiative and the Africa Maritime Law Enforcement
Partnership in other priority regions.
(b) Information Sharing.--The Director of National Intelligence, in
conjunction with other agencies, as appropriate, shall develop an
enterprise approach to appropriately share information and data within
the United States Government or with other countries or nongovernmental
organizations, or the private sector, as appropriate, on IUU fishing
and other connected transnational organized illegal activity occurring
in priority regions and elsewhere, including big data analytics and
machine learning.
SEC. 3545. IMPROVEMENT OF TRANSPARENCY AND TRACEABILITY PROGRAMS.
The Secretary of State, the Administrator of the United States
Agency for International Development, the Secretary of the Department
in which the Coast Guard is operating when it is not operating as a
service in the Department of the Navy, the Secretary of Commerce, and
the heads of other Federal agencies, if merited, shall work, as
appropriate, with priority flag states and key countries in priority
regions--
(1) to increase knowledge within such countries about the
United States transparency and traceability standards for imports
of seafood and seafood products;
(2) to improve the capacity of seafood industries within such
countries through information sharing and training to meet the
requirements of transparency and traceability standards for seafood
and seafood product imports, including catch documentation and
trade tracking programs adopted by relevant regional fisheries
management organizations; and
(3) to improve the capacities of government, industry, and
civil society groups to develop and implement comprehensive
traceability systems that--
(A) deter IUU fishing;
(B) strengthen fisheries management; and
(C) enhance maritime domain awareness.
SEC. 3546. TECHNOLOGY PROGRAMS.
The Secretary of State, the Administrator of the United States
Agency for International Development, the Secretary of the Department
in which the Coast Guard is operating when it is not operating as a
service in the Department of the Navy, the Secretary of Defense, the
Secretary of Commerce, and the heads of other Federal agencies, if
merited, shall pursue programs, as appropriate, to expand the role of
technology for combating IUU fishing, including by--
(1) promoting the use of technology to combat IUU fishing;
(2) assessing the technology needs, including vessel tracking
technologies and data sharing, in priority regions and priority
flag states;
(3) engaging with priority flag states to encourage the
mandated use of vessel tracking technologies, including vessel
monitoring systems, AIS, or other vessel movement monitoring
technologies on fishing vessels and transshipment vessels at all
times, as appropriate, while at sea as a means to identify IUU
fishing activities and the shipment of illegally caught fish
products; and
(4) building partnerships with the private sector, including
universities, nonprofit research organizations, the seafood
industry, and the technology, transportation and logistics sectors,
to leverage new and existing technologies and data analytics to
address IUU fishing.
SEC. 3547. SAVINGS CLAUSE.
No provision of section 3532 or of this part shall impose, or be
interpreted to impose, any duty, responsibility, requirement, or
obligation on the Department of Defense, the Department of the Navy,
the United States Coast Guard when operating as a service in the
Department of Homeland Security, or any official or component of
either.
PART II--ESTABLISHMENT OF INTERAGENCY WORKING GROUP ON IUU FISHING
SEC. 3551. INTERAGENCY WORKING GROUP ON IUU FISHING.
(a) In General.--There is established a collaborative interagency
working group on maritime security and IUU fishing (referred to in this
subtitle as the ``Working Group'').
(b) Members.--The members of the Working Group shall be composed
of--
(1) 1 chair, who shall rotate between the Secretary of the
Department in which the Coast Guard is operating, acting through
the Commandant of the Coast Guard, the Secretary of State, and the
National Oceanographic and Atmospheric Administration, acting
through the Administrator, on a 3-year term;
(2) 2 deputy chairs, who shall be appointed by their respective
agency heads and shall be from a different Department than that of
the chair, from--
(A) the Coast Guard;
(B) the Department of State; and
(C) the National Oceanic and Atmospheric Administration;
(3) 12 members, who shall be appointed by their respective
agency heads, from--
(A) the Department of Defense;
(B) the United States Navy;
(C) the United States Agency for International Development;
(D) the United States Fish and Wildlife Service;
(E) the Department of Justice;
(F) the Department of the Treasury;
(G) U.S. Customs and Border Protection;
(H) U.S. Immigration and Customs Enforcement;
(I) the Federal Trade Commission;
(J) the Department of Agriculture;
(K) the Food and Drug Administration; and
(L) the Department of Labor;
(4) 1 or more members from the intelligence community (as
defined in section 3 of the National Security Act of 1947 (50
U.S.C. 3003)), who shall be appointed by the Director of National
Intelligence; and
(5) 5 members, who shall be appointed by the President, from--
(A) the National Security Council;
(B) the Council on Environmental Quality;
(C) the Office of Management and Budget;
(D) the Office of Science and Technology Policy; and
(E) the Office of the United States Trade Representative.
(c) Responsibilities.--The Working Group shall ensure an
integrated, Federal Government-wide response to IUU fishing globally,
including by--
(1) improving the coordination of Federal agencies to identify,
interdict, investigate, prosecute, and dismantle IUU fishing
operations and organizations perpetrating and knowingly benefitting
from IUU fishing;
(2) assessing areas for increased interagency information
sharing on matters related to IUU fishing and related crimes;
(3) establishing standards for information sharing related to
maritime enforcement;
(4) developing a strategy to determine how military assets and
intelligence can contribute to enforcement strategies to combat IUU
fishing;
(5) increasing maritime domain awareness relating to IUU
fishing and related crimes and developing a strategy to leverage
awareness for enhanced enforcement and prosecution actions against
IUU fishing;
(6) supporting the adoption and implementation of the Port
State Measures Agreement in relevant countries and assessing the
capacity and training needs in such countries;
(7) outlining a strategy to coordinate, increase, and use
shiprider agreements between the Department of Defense or the Coast
Guard and relevant countries;
(8) enhancing cooperation with partner governments to combat
IUU fishing;
(9) identifying opportunities for increased information sharing
between Federal agencies and partner governments working to combat
IUU fishing;
(10) consulting and coordinating with the seafood industry and
nongovernmental stakeholders that work to combat IUU fishing;
(11) supporting the work of collaborative international
initiatives to make available certified data from state authorities
about vessel and vessel-related activities related to IUU fishing;
(12) supporting the identification and certification procedures
to address IUU fishing in accordance with the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C. 1826d et seq.); and
(13) publishing annual reports summarizing nonsensitive
information about the Working Group's efforts to investigate,
enforce, and prosecute groups and individuals engaging in IUU
fishing.
SEC. 3552. STRATEGIC PLAN.
(a) Strategic Plan.--Not later than 2 years after the date of the
enactment of this title, the Working Group, after consultation with the
relevant stakeholders, shall submit to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on Foreign
Relations of the Senate, the Committee on Appropriations of the Senate,
the Committee on Transportation and Infrastructure of the House of
Representatives, the Committee on Natural Resources of the House of
Representatives, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Appropriations of the House of
Representatives a 5-year integrated strategic plan on combating IUU
fishing and enhancing maritime security, including specific strategies
with monitoring benchmarks for addressing IUU fishing in priority
regions.
(b) Identification of Priority Regions and Priority Flag States.--
(1) In general.--The strategic plan submitted under subsection
(a) shall identify priority regions and priority flag states to be
the focus of assistance coordinated by the Working Group under
section 3551.
(2) Priority region selection criteria.--In selecting priority
regions under paragraph (1), the Working Group shall select regions
that--
(A) are at high risk for IUU fishing activity or the entry
of illegally caught seafood into their markets; and
(B) lack the capacity to fully address the issues described
in subparagraph (A).
(3) Priority flag states selection criteria.--In selecting
priority flag states under paragraph (1), the Working Group shall
select countries--
(A) the flagged vessels of which actively engage in,
knowingly profit from, or are complicit in IUU fishing; and
(B) that lack the capacity to police their fleet.
SEC. 3553. REPORTS.
Not later than 5 years after the submission of the 5-year
integrated strategic plan under section 3552, and 5 years after, the
Working Group shall submit a report to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on Foreign
Relations of the Senate, the Committee on Appropriations of the Senate,
the Committee on the Judiciary of the Senate, the Select Committee on
Intelligence of the Senate, the Committee on Agriculture, Nutrition,
and Forestry of the Senate, the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee on
Natural Resources of the House of Representatives, the Committee on
Foreign Affairs of the House of Representatives, and the Committee on
Appropriations of the House of Representatives that contains--
(1) a summary of global and regional trends in IUU fishing;
(2) an assessment of the extent of the convergence between
transnational organized illegal activity, including human
trafficking and forced labor, and IUU fishing;
(3) an assessment of the topics, data sources, and strategies
that would benefit from increased information sharing and
recommendations regarding harmonization of data collection and
sharing;
(4) an assessment of assets, including military assets and
intelligence, which can be used for either enforcement operations
or strategies to combat IUU fishing;
(5) summaries of the situational threats with respect to IUU
fishing in priority regions and an assessment of the capacity of
countries within such regions to respond to those threats;
(6) an assessment of the progress of countries in priority
regions in responding to those threats as a result of assistance by
the United States pursuant to the strategic plan developed under
section 3552, including--
(A) the identification of--
(i) relevant supply routes, ports of call, methods of
landing and entering illegally caught product into legal
supply chains, and financial institutions used in each
country by participants engaging in IUU fishing; and
(ii) indicators of IUU fishing that are related to
money laundering;
(B) an assessment of the adherence to, or progress toward
adoption of, international treaties related to IUU fishing,
including the Port State Measures Agreement, by countries in
priority regions;
(C) an assessment of the implementation by countries in
priority regions of seafood traceability or capacity to apply
traceability to verify the legality of catch and strengthen
fisheries management;
(D) an assessment of the capacity of countries in priority
regions to implement shiprider agreements;
(E) an assessment of the capacity of countries in priority
regions to increase maritime domain awareness; and
(F) an assessment of the capacity of governments of
relevant countries in priority regions to sustain the programs
for which the United States has provided assistance under this
subtitle;
(7) an assessment of the capacity of priority flag states to
track the movement of and police their fleet, prevent their flagged
vessels from engaging in IUU fishing, and enforce applicable laws
and regulations; and
(8) an assessment of the extent of involvement in IUU fishing
of organizations designated as foreign terrorist organizations
under section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).
SEC. 3554. GULF OF MEXICO IUU FISHING SUBWORKING GROUP.
(a) In General.--Not later than 90 days after the date of the
enactment of this title, the Administrator of the National Oceanic and
Atmospheric Administration, in coordination with the Commandant of the
Coast Guard and the Secretary of State, shall establish a subworking
group to address IUU fishing in the exclusive economic zone of the
United States in the Gulf of Mexico.
(b) Functions.--The subworking group established under subsection
(a) shall identify--
(1) Federal actions taken and policies established during the
5-year period immediately preceding the date of the enactment of
this title with respect to IUU fishing in the exclusive economic
zone of the United States in the Gulf of Mexico, including such
actions and policies related to--
(A) the surveillance, interdiction, and prosecution of any
foreign nationals engaged in such fishing; and
(B) the application of the provisions of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826d et
seq.) to any relevant nation, including the status of any past
or ongoing consultations and certification procedures;
(2) actions and policies, in addition to the actions and
policies described in paragraph (1), each of the Federal agencies
described in subsection (a) can take, using existing resources, to
combat IUU fishing in the exclusive economic zone of the United
States in the Gulf of Mexico; and
(3) any additional authorities that could assist each such
agency in more effectively addressing such IUU fishing.
(c) Report.--Not later than 1 year after the IUU Fishing Subworking
Group is established under subsection (a), the group shall submit a
report to the Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Transportation and Infrastructure of the House
of Representatives, and the Committee on Natural Resources of the House
of Representatives that contains--
(1) the findings identified pursuant to subsection (b); and
(2) a timeline for each of the Federal agencies described in
subsection (a) to implement each action or policy identified
pursuant to subsection (b)(2).
PART III--COMBATING HUMAN TRAFFICKING IN CONNECTION WITH THE CATCHING
AND PROCESSING OF SEAFOOD PRODUCTS
SEC. 3561. FINDING.
Congress finds that human trafficking, including forced labor, is a
pervasive problem in the catching and processing of certain seafood
products imported into the United States, particularly seafood products
obtained through illegal, unreported, and unregulated fishing.
SEC. 3562. ADDING THE SECRETARY OF COMMERCE TO THE INTERAGENCY TASK
FORCE TO MONITOR AND COMBAT TRAFFICKING.
Section 105(b) of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7103(b)) is amended by inserting
``the Secretary of Commerce,'' after ``the Secretary of Education,''.
SEC. 3563. HUMAN TRAFFICKING IN THE SEAFOOD SUPPLY CHAIN REPORT.
(a) In General.--Not later than 1 year after the date of the
enactment of this title, the Secretary of State and the Administrator
of the National Oceanic and Atmospheric Administration shall jointly
submit a report to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Foreign Relations of the
Senate, the Committee on Appropriations of the Senate, the Committee on
Natural Resources of the House of Representatives, the Committee on
Foreign Affairs of the House of Representatives, and the Committee on
Appropriations of the House of Representatives that describes the
existence of human trafficking, including forced labor, in the supply
chains of seafood products imported into the United States.
(b) Report Elements.--The report required under subsection (a)
shall include--
(1) a list of the countries at risk for human trafficking,
including forced labor, in their seafood catching and processing
industries, and an assessment of such risk for each listed country;
(2) a description of the quantity and economic value of seafood
products imported into the United States from the countries on the
list compiled pursuant to paragraph (1);
(3) a description and assessment of the methods, if any, in the
countries on the list compiled pursuant to paragraph (1) to trace
and account for the manner in which seafood is caught;
(4) a description of domestic and international enforcement
mechanisms to deter illegal practices in the catching of seafood in
the countries on the list compiled pursuant to paragraph (1); and
(5) such recommendations as the Secretary of State and the
Administrator of the National Oceanic and Atmospheric
Administration jointly consider appropriate for administrative
action to enhance and improve actions against human trafficking,
including forced labor, in the catching and processing of seafood
products outside of United States waters.
PART IV--AUTHORIZATION OF APPROPRIATIONS
SEC. 3571. AUTHORIZATION OF APPROPRIATIONS.
(a) Funding.--Amounts made available to carry out this subtitle
shall be derived from amounts appropriated to the relevant agencies and
departments.
(b) No Increase in Contributions.--Nothing in this subtitle shall
be construed to authorize an increase in required or voluntary
contributions paid by the United States to any multilateral or
international organization.
SEC. 3572. ACCOUNTING OF FUNDS.
By not later than 180 days after the date of enactment of this
title, the head of each Federal agency receiving or allocating funds to
carry out activities under this subtitle shall, to the greatest extent
practicable, prepare and submit to Congress a report that provides an
accounting of all funds made available under this subtitle to the
Federal agency.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
Sec. 4103. Procurement for emergency requirements.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas
contingency operations.
Sec. 4203. Research, development, test, and evaluation for emergency
requirements.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
Sec. 4303. Operation and maintenance for emergency requirements.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
Sec. 4603. Military construction for emergency requirements.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of energy national security programs.
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
(a) In General.--Whenever a funding table in this division
specifies a dollar amount authorized for a project, program, or
activity, the obligation and expenditure of the specified dollar amount
for the project, program, or activity is hereby authorized, subject to
the availability of appropriations.
(b) Merit-based Decisions.--A decision to commit, obligate, or
expend funds with or to a specific entity on the basis of a dollar
amount authorized pursuant to subsection (a) shall--
(1) be based on merit-based selection procedures in accordance
with the requirements of sections 2304(k) and 2374 of title 10,
United States Code, or on competitive procedures; and
(2) comply with other applicable provisions of law.
(c) Relationship to Transfer and Programming Authority.--An amount
specified in the funding tables in this division may be transferred or
reprogrammed under a transfer or reprogramming authority provided by
another provision of this Act or by other law. The transfer or
reprogramming of an amount specified in such funding tables shall not
count against a ceiling on such transfers or reprogrammings under
section 1001 or section 1522 of this Act or any other provision of law,
unless such transfer or reprogramming would move funds between
appropriation accounts.
(d) Applicability to Classified Annex.--This section applies to any
classified annex that accompanies this Act.
(e) Oral Written Communications.--No oral or written communication
concerning any amount specified in the funding tables in this division
shall supersede the requirements of this section.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
Sec. 4103. Procurement for emergency requirements.
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
002 UTILITY F/W AIRCRAFT. 16,000 0
Early to need.... [-16,000]
004 RQ-11 (RAVEN)........ 23,510 21,420
Unit cost growth. [-2,090]
ROTARY
005 TACTICAL UNMANNED 12,100 6,100
AIRCRAFT SYSTEM
(TUAS).
Program reduction [-6,000]
007 HELICOPTER, LIGHT 11,000
UTILITY (LUH).
Program increase [11,000]
for sustainment
improvements.
008 AH-64 APACHE BLOCK 806,849 798,785
IIIA REMAN.
Unjustified cost [-8,064]
growth.
009 AH-64 APACHE BLOCK 190,870 190,870
IIIA REMAN.
012 UH-60 BLACKHAWK M 1,411,540 1,397,740
MODEL (MYP).
Unit cost growth. [-13,800]
013 UH-60 BLACKHAWK M 79,572 79,572
MODEL (MYP).
014 UH-60 BLACK HAWK L 169,290 169,290
AND V MODELS.
015 CH-47 HELICOPTER..... 140,290 131,290
Unit cost growth. [-9,000]
016 CH-47 HELICOPTER..... 18,186 46,186
Advance [28,000]
procurement for
CH-47F Block II.
MODIFICATION OF
AIRCRAFT
019 UNIVERSAL GROUND 2,090 2,090
CONTROL EQUIPMENT
(UAS).
020 GRAY EAGLE MODS2..... 14,699 14,699
021 MULTI SENSOR ABN 35,189 35,189
RECON (MIP).
022 AH-64 MODS........... 58,172 58,172
023 CH-47 CARGO 11,785 11,785
HELICOPTER MODS
(MYP).
024 GRCS SEMA MODS (MIP). 5,677 5,677
025 ARL SEMA MODS (MIP).. 6,566 6,566
026 EMARSS SEMA MODS 3,859 3,859
(MIP).
027 UTILITY/CARGO 15,476 13,476
AIRPLANE MODS.
Unit cost [-2,000]
discrepancy.
028 UTILITY HELICOPTER 6,744 6,744
MODS.
029 NETWORK AND MISSION 105,442 98,442
PLAN.
Cost growth...... [-7,000]
030 COMMS, NAV 164,315 164,315
SURVEILLANCE.
032 GATM ROLLUP.......... 30,966 30,966
033 RQ-7 UAV MODS........ 8,983 8,983
034 UAS MODS............. 10,205 10,205
GROUND SUPPORT
AVIONICS
035 AIRCRAFT 52,297 52,297
SURVIVABILITY
EQUIPMENT.
036 SURVIVABILITY CM..... 8,388 8,388
037 CMWS................. 13,999 13,999
038 COMMON INFRARED 168,784 168,784
COUNTERMEASURES
(CIRCM).
OTHER SUPPORT
039 AVIONICS SUPPORT 1,777 1,777
EQUIPMENT.
040 COMMON GROUND 18,624 18,624
EQUIPMENT.
041 AIRCREW INTEGRATED 48,255 48,255
SYSTEMS.
042 AIR TRAFFIC CONTROL.. 32,738 32,738
044 LAUNCHER, 2.75 ROCKET 2,201 2,201
045 LAUNCHER GUIDED 991 991
MISSILE: LONGBOW
HELLFIRE XM2.
TOTAL AIRCRAFT 3,696,429 3,671,475
PROCUREMENT,
ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
001 SYSTEM INTEGRATION 113,857 113,857
AND TEST PROCUREMENT.
002 M-SHORAD--PROCUREMENT 103,800 71,800
Early to need.... [-32,000]
003 MSE MISSILE.......... 698,603 698,603
004 INDIRECT FIRE 9,337 9,337
PROTECTION
CAPABILITY INC 2-I.
AIR-TO-SURFACE
MISSILE SYSTEM
006 HELLFIRE SYS SUMMARY. 193,284 186,084
Unit cost growth. [-7,200]
007 JOINT AIR-TO-GROUND 233,353 199,295
MSLS (JAGM).
Contract and [-34,058]
schedule delays.
ANTI-TANK/ASSAULT
MISSILE SYS
008 JAVELIN (AAWS-M) 138,405 138,405
SYSTEM SUMMARY.
009 TOW 2 SYSTEM SUMMARY. 114,340 107,958
Unit cost growth. [-6,382]
010 TOW 2 SYSTEM SUMMARY. 10,500 10,500
011 GUIDED MLRS ROCKET 797,213 767,213
(GMLRS).
Program [-30,000]
adjustment.
012 MLRS REDUCED RANGE 27,555 27,555
PRACTICE ROCKETS
(RRPR).
014 ARMY TACTICAL MSL SYS 209,842 170,013
(ATACMS)--SYS SUM.
Excess to need... [-39,829]
MODIFICATIONS
016 PATRIOT MODS......... 279,464 279,464
017 ATACMS MODS.......... 85,320 80,320
Unit cost growth. [-5,000]
018 GMLRS MOD............ 5,094 5,094
019 STINGER MODS......... 81,615 81,615
020 AVENGER MODS......... 14,107 14,107
021 ITAS/TOW MODS........ 3,469 3,469
022 MLRS MODS............ 39,019 39,019
023 HIMARS MODIFICATIONS. 12,483 12,483
SPARES AND REPAIR
PARTS
024 SPARES AND REPAIR 26,444 26,444
PARTS.
SUPPORT EQUIPMENT &
FACILITIES
025 AIR DEFENSE TARGETS.. 10,593 10,593
TOTAL MISSILE 3,207,697 3,053,228
PROCUREMENT,
ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT
VEHICLES
002 ARMORED MULTI PURPOSE 264,040 230,307
VEHICLE (AMPV).
Program reduction [-33,733]
MODIFICATION OF
TRACKED COMBAT
VEHICLES
003 STRYKER (MOD)........ 144,387 393,587
Accelerate [249,200]
Stryker medium
caliber weapon
system--Army
unfunded priority.
004 STRYKER UPGRADE...... 550,000 522,962
Unit cost growth. [-27,038]
005 BRADLEY PROGRAM (MOD) 638,781 573,781
Program decrease. [-65,000]
006 M109 FOV 25,756 25,756
MODIFICATIONS.
007 PALADIN INTEGRATED 553,425 553,425
MANAGEMENT (PIM).
009 ASSAULT BRIDGE (MOD). 2,821 2,821
010 ASSAULT BREACHER 31,697 31,697
VEHICLE.
011 M88 FOV MODS......... 4,500 4,500
012 JOINT ASSAULT BRIDGE. 205,517 205,517
013 M1 ABRAMS TANK (MOD). 348,800 401,800
Test support [-7,000]
excess to need.
Vehicle [60,000]
protection system
for one armored
brigade.
014 ABRAMS UPGRADE 1,752,784 1,752,784
PROGRAM.
WEAPONS & OTHER
COMBAT VEHICLES
016 MULTI-ROLE ANTI-ARMOR 19,420 19,420
ANTI-PERSONNEL
WEAPONS.
017 GUN AUTOMATIC 30MM 20,000 5,042
M230.
Program reduction [-14,958]
019 MORTAR SYSTEMS....... 14,907 14,907
020 XM320 GRENADE 191 191
LAUNCHER MODULE
(GLM).
021 PRECISION SNIPER 7,977 7,977
RIFLE.
022 COMPACT SEMI- 9,860 9,860
AUTOMATIC SNIPER
SYSTEM.
023 CARBINE.............. 30,331 30,331
024 SMALL ARMS--FIRE 8,060 0
CONTROL.
Late contract [-8,060]
award.
025 COMMON REMOTELY 24,007 24,007
OPERATED WEAPONS
STATION.
026 HANDGUN.............. 6,174 6,174
MOD OF WEAPONS AND
OTHER COMBAT VEH
028 MK-19 GRENADE MACHINE 3,737 3,737
GUN MODS.
029 M777 MODS............ 2,367 2,367
030 M4 CARBINE MODS...... 17,595 17,595
033 M240 MEDIUM MACHINE 8,000 8,000
GUN MODS.
034 SNIPER RIFLES 2,426 2,426
MODIFICATIONS.
035 M119 MODIFICATIONS... 6,269 6,269
036 MORTAR MODIFICATION.. 1,693 1,693
037 MODIFICATIONS LESS 4,327 4,327
THAN $5.0M (WOCV-
WTCV).
SUPPORT EQUIPMENT &
FACILITIES
038 ITEMS LESS THAN $5.0M 3,066 3,066
(WOCV-WTCV).
039 PRODUCTION BASE 2,651 2,651
SUPPORT (WOCV-WTCV).
TOTAL 4,715,566 4,868,977
PROCUREMENT OF
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 68,949 65,520
TYPES.
Prior-year [-3,429]
carryover.
002 CTG, 7.62MM, ALL 114,228 112,228
TYPES.
Prior-year [-2,000]
carryover.
003 CTG, HANDGUN, ALL 17,807 17,807
TYPES.
004 CTG, .50 CAL, ALL 63,966 63,966
TYPES.
005 CTG, 20MM, ALL TYPES. 35,920 27,920
Unit cost growth. [-8,000]
006 CTG, 25MM, ALL TYPES. 8,990 8,990
007 CTG, 30MM, ALL TYPES. 68,813 65,337
Prior-year carry [-1,134]
over.
Program [-2,342]
adjustment.
008 CTG, 40MM, ALL TYPES. 103,952 103,952
MORTAR AMMUNITION
009 60MM MORTAR, ALL 50,580 49,580
TYPES.
Unit cost [-1,000]
discrepancy.
010 81MM MORTAR, ALL 59,373 44,673
TYPES.
Contract delays.. [-14,700]
011 120MM MORTAR, ALL 125,452 123,452
TYPES.
Unit cost growth. [-2,000]
TANK AMMUNITION
012 CARTRIDGES, TANK, 171,284 120,464
105MM AND 120MM, ALL
TYPES.
Unit cost growth. [-50,820]
ARTILLERY AMMUNITION
013 ARTILLERY CARTRIDGES, 44,675 44,675
75MM & 105MM, ALL
TYPES.
014 ARTILLERY PROJECTILE, 266,037 266,037
155MM, ALL TYPES.
015 PROJ 155MM EXTENDED 57,434 57,434
RANGE M982.
016 ARTILLERY 271,602 268,022
PROPELLANTS, FUZES
AND PRIMERS, ALL.
Cost growth and [-3,580]
unjustified
product
improvements.
MINES
017 MINES & CLEARING 55,433 39,239
CHARGES, ALL TYPES.
Contract delay... [-16,194]
ROCKETS
018 SHOULDER LAUNCHED 74,878 74,878
MUNITIONS, ALL TYPES.
019 ROCKET, HYDRA 70, ALL 175,994 165,994
TYPES.
Excess support [-10,000]
costs.
OTHER AMMUNITION
020 CAD/PAD, ALL TYPES... 7,595 7,595
021 DEMOLITION MUNITIONS, 51,651 51,651
ALL TYPES.
022 GRENADES, ALL TYPES.. 40,592 40,592
023 SIGNALS, ALL TYPES... 18,609 18,609
024 SIMULATORS, ALL TYPES 16,054 16,054
MISCELLANEOUS
025 AMMO COMPONENTS, ALL 5,261 5,261
TYPES.
026 NON-LETHAL 715 715
AMMUNITION, ALL
TYPES.
027 ITEMS LESS THAN $5 9,213 9,213
MILLION (AMMO).
028 AMMUNITION PECULIAR 10,044 10,044
EQUIPMENT.
029 FIRST DESTINATION 18,492 18,492
TRANSPORTATION
(AMMO).
030 CLOSEOUT LIABILITIES. 99 99
PRODUCTION BASE
SUPPORT
031 INDUSTRIAL FACILITIES 474,511 474,511
032 CONVENTIONAL 202,512 202,512
MUNITIONS
DEMILITARIZATION.
033 ARMS INITIATIVE...... 3,833 3,833
TOTAL 2,694,548 2,579,349
PROCUREMENT OF
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
001 TACTICAL TRAILERS/ 12,993 12,993
DOLLY SETS.
002 SEMITRAILERS, 102,386 102,386
FLATBED:.
003 AMBULANCE, 4 LITTER, 127,271 127,271
5/4 TON, 4X4.
004 GROUND MOBILITY 37,038 35,038
VEHICLES (GMV).
Unit cost growth. [-2,000]
006 JOINT LIGHT TACTICAL 996,007 976,507
VEHICLE.
Army requested [-4,500]
transfer to RDTE,
A line 169.
Simulator delay.. [-15,000]
007 TRUCK, DUMP, 20T 10,838 10,838
(CCE).
008 FAMILY OF MEDIUM 72,057 138,057
TACTICAL VEH (FMTV).
Program increase. [66,000]
009 FIRETRUCKS & 28,048 28,048
ASSOCIATED
FIREFIGHTING EQUIP.
010 FAMILY OF HEAVY 9,969 9,969
TACTICAL VEHICLES
(FHTV).
011 PLS ESP.............. 6,280 6,280
012 HVY EXPANDED MOBILE 30,841 95,185
TACTICAL TRUCK EXT
SERV.
Program increase. [64,344]
013 HMMWV 5,734 5,734
RECAPITALIZATION
PROGRAM.
014 TACTICAL WHEELED 45,113 45,113
VEHICLE PROTECTION
KITS.
015 MODIFICATION OF IN 58,946 58,946
SVC EQUIP.
NON-TACTICAL VEHICLES
017 HEAVY ARMORED VEHICLE 791 791
018 PASSENGER CARRYING 1,416 1,416
VEHICLES.
019 NONTACTICAL VEHICLES, 29,891 29,891
OTHER.
COMM--JOINT
COMMUNICATIONS
021 SIGNAL MODERNIZATION 153,933 143,933
PROGRAM.
Excess funding [-10,000]
for spares.
022 TACTICAL NETWORK 387,439 411,439
TECHNOLOGY MOD IN
SVC.
ITN-M for one [24,000]
armored brigade
combat team.
023 SITUATION INFORMATION 46,693 46,693
TRANSPORT.
025 JCSE EQUIPMENT 5,075 5,075
(USRDECOM).
COMM--SATELLITE
COMMUNICATIONS
028 DEFENSE ENTERPRISE 101,189 101,189
WIDEBAND SATCOM
SYSTEMS.
029 TRANSPORTABLE 77,141 77,141
TACTICAL COMMAND
COMMUNICATIONS.
030 SHF TERM............. 16,054 16,054
031 ASSURED POSITIONING, 41,074 33,674
NAVIGATION AND
TIMING.
Program [-7,400]
cancellation.
032 SMART-T (SPACE)...... 10,515 10,515
033 GLOBAL BRDCST SVC-- 11,800 11,800
GBS.
034 ENROUTE MISSION 8,609 8,609
COMMAND (EMC).
COMM--C3 SYSTEM
038 COE TACTICAL SERVER 77,533 57,533
INFRASTRUCTURE (TSI).
Program reduction [-20,000]
COMM--COMBAT
COMMUNICATIONS
039 HANDHELD MANPACK 468,026 488,026
SMALL FORM FIT (HMS).
SFAB technology [20,000]
refresh.
040 RADIO TERMINAL SET, 23,778 23,778
MIDS LVT(2).
044 SPIDER FAMILY OF 10,930 10,930
NETWORKED MUNITIONS
INCR.
046 UNIFIED COMMAND SUITE 9,291 9,291
047 COTS COMMUNICATIONS 55,630 55,630
EQUIPMENT.
048 FAMILY OF MED COMM 16,590 16,590
FOR COMBAT CASUALTY
CARE.
049 ARMY COMMUNICATIONS & 43,457 43,457
ELECTRONICS.
COMM--INTELLIGENCE
COMM
051 CI AUTOMATION 10,470 10,470
ARCHITECTURE (MIP).
052 DEFENSE MILITARY 3,704 3,704
DECEPTION INITIATIVE.
INFORMATION SECURITY
053 FAMILY OF BIOMETRICS. 1,000 1,000
054 INFORMATION SYSTEM 3,600 3,600
SECURITY PROGRAM-
ISSP.
055 COMMUNICATIONS 160,899 147,097
SECURITY (COMSEC).
Unit cost growth. [-13,802]
056 DEFENSIVE CYBER 61,962 61,962
OPERATIONS.
057 INSIDER THREAT 756 756
PROGRAM--UNIT
ACTIVITY MONITO.
058 PERSISTENT CYBER 3,000 3,000
TRAINING ENVIRONMENT.
COMM--LONG HAUL
COMMUNICATIONS
059 BASE SUPPORT 31,770 31,770
COMMUNICATIONS.
COMM--BASE
COMMUNICATIONS
060 INFORMATION SYSTEMS.. 159,009 159,009
061 EMERGENCY MANAGEMENT 4,854 4,854
MODERNIZATION
PROGRAM.
062 HOME STATION MISSION 47,174 47,174
COMMAND CENTERS
(HSMCC).
063 INSTALLATION INFO 297,994 265,494
INFRASTRUCTURE MOD
PROGRAM.
Insufficient [-32,500]
budget
justification.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
066 JTT/CIBS-M (MIP)..... 7,686 7,686
068 DCGS-A (MIP)......... 180,350 180,350
070 TROJAN (MIP)......... 17,368 17,368
071 MOD OF IN-SVC EQUIP 59,052 59,052
(INTEL SPT) (MIP).
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
077 LIGHTWEIGHT COUNTER 5,400 5,400
MORTAR RADAR.
078 EW PLANNING & 7,568 7,568
MANAGEMENT TOOLS
(EWPMT).
079 AIR VIGILANCE (AV) 8,953 8,953
(MIP).
081 MULTI-FUNCTION 6,420 3,220
ELECTRONIC WARFARE
(MFEW) SYST.
Program reduction [-3,200]
083 COUNTERINTELLIGENCE/ 501 501
SECURITY
COUNTERMEASURES.
084 CI MODERNIZATION 121 121
(MIP).
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
085 SENTINEL MODS........ 115,210 114,210
Excess support [-1,000]
costs.
086 NIGHT VISION DEVICES. 236,604 160,379
Insufficient [-76,225]
justification
(IVAS).
088 SMALL TACTICAL 22,623 22,623
OPTICAL RIFLE
MOUNTED MLRF.
090 INDIRECT FIRE 29,127 29,127
PROTECTION FAMILY OF
SYSTEMS.
091 FAMILY OF WEAPON 120,883 81,541
SIGHTS (FWS).
Excess unit cost [-39,342]
growth.
094 JOINT BATTLE COMMAND-- 265,667 256,567
PLATFORM (JBC-P).
Program [-9,100]
adjustment.
095 JOINT EFFECTS 69,720 44,720
TARGETING SYSTEM
(JETS).
Program delay.... [-25,000]
096 MOD OF IN-SVC EQUIP 6,044 6,044
(LLDR).
097 COMPUTER BALLISTICS: 3,268 3,268
LHMBC XM32.
098 MORTAR FIRE CONTROL 13,199 13,199
SYSTEM.
099 MORTAR FIRE CONTROL 10,000 10,000
SYSTEMS
MODIFICATIONS.
100 COUNTERFIRE RADARS... 16,416 16,416
ELECT EQUIP--TACTICAL
C2 SYSTEMS
102 FIRE SUPPORT C2 13,197 13,197
FAMILY.
103 AIR & MSL DEFENSE 24,730 24,730
PLANNING & CONTROL
SYS.
104 IAMD BATTLE COMMAND 29,629 29,629
SYSTEM.
105 LIFE CYCLE SOFTWARE 6,774 6,774
SUPPORT (LCSS).
106 NETWORK MANAGEMENT 24,448 24,448
INITIALIZATION AND
SERVICE.
107 MANEUVER CONTROL 260 260
SYSTEM (MCS).
108 GLOBAL COMBAT SUPPORT 17,962 17,962
SYSTEM-ARMY (GCSS-A).
109 INTEGRATED PERSONNEL 18,674 8,674
AND PAY SYSTEM-ARMY
(IPP.
Poor business [-10,000]
process
reengineering.
110 RECONNAISSANCE AND 11,000 11,000
SURVEYING INSTRUMENT
SET.
111 MOD OF IN-SVC 7,317 15,317
EQUIPMENT (ENFIRE).
Program increase-- [8,000]
land surveying
systems.
ELECT EQUIP--
AUTOMATION
112 ARMY TRAINING 14,578 14,578
MODERNIZATION.
113 AUTOMATED DATA 139,342 129,342
PROCESSING EQUIP.
Program decrease. [-5,000]
Unjustified [-5,000]
growth.
114 GENERAL FUND 15,802 15,802
ENTERPRISE BUSINESS
SYSTEMS FAM.
115 HIGH PERF COMPUTING 67,610 67,610
MOD PGM (HPCMP).
116 CONTRACT WRITING 15,000 6,000
SYSTEM.
Program [-9,000]
duplication.
117 CSS COMMUNICATIONS... 24,700 24,700
118 RESERVE COMPONENT 27,879 27,879
AUTOMATION SYS
(RCAS).
ELECT EQUIP--AUDIO
VISUAL SYS (A/V)
120 ITEMS LESS THAN $5M 5,000 5,000
(SURVEYING
EQUIPMENT).
ELECT EQUIP--SUPPORT
122 BCT EMERGING 22,302 10,302
TECHNOLOGIES.
Program reduction [-12,000]
CLASSIFIED PROGRAMS
122A CLASSIFIED PROGRAMS.. 11,910 11,910
CHEMICAL DEFENSIVE
EQUIPMENT
126 CBRN DEFENSE......... 25,828 25,828
127 SMOKE & OBSCURANT 5,050 5,050
FAMILY: SOF (NON AAO
ITEM).
BRIDGING EQUIPMENT
128 TACTICAL BRIDGING.... 59,821 57,821
Contract delays.. [-2,000]
129 TACTICAL BRIDGE, 57,661 57,661
FLOAT-RIBBON.
130 BRIDGE SUPPLEMENTAL 17,966 17,966
SET.
131 COMMON BRIDGE 43,155 43,155
TRANSPORTER (CBT)
RECAP.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
132 HANDHELD STANDOFF 7,570 7,570
MINEFIELD DETECTION
SYS-HST.
133 GRND STANDOFF MINE 37,025 37,025
DETECTN SYSM
(GSTAMIDS).
135 HUSKY MOUNTED 83,082 47,899
DETECTION SYSTEM
(HMDS).
Unjustified unit [-35,183]
cost growth.
136 ROBOTIC COMBAT 2,000 2,000
SUPPORT SYSTEM
(RCSS).
137 EOD ROBOTICS SYSTEMS 23,115 23,115
RECAPITALIZATION.
138 ROBOTICS AND APPLIQUE 101,056 101,056
SYSTEMS.
140 RENDER SAFE SETS KITS 18,684 18,684
OUTFITS.
142 FAMILY OF BOATS AND 8,245 6,245
MOTORS.
Unit cost growth. [-2,000]
COMBAT SERVICE
SUPPORT EQUIPMENT
143 HEATERS AND ECU'S.... 7,336 7,336
145 PERSONNEL RECOVERY 4,281 4,281
SUPPORT SYSTEM
(PRSS).
146 GROUND SOLDIER SYSTEM 111,955 111,955
147 MOBILE SOLDIER POWER. 31,364 29,943
Unit cost growth. [-1,421]
149 FIELD FEEDING 1,673 1,673
EQUIPMENT.
150 CARGO AERIAL DEL & 43,622 43,622
PERSONNEL PARACHUTE
SYSTEM.
151 FAMILY OF ENGR COMBAT 11,451 11,451
AND CONSTRUCTION
SETS.
152 ITEMS LESS THAN $5M 5,167 5,167
(ENG SPT).
PETROLEUM EQUIPMENT
154 DISTRIBUTION SYSTEMS, 74,867 74,867
PETROLEUM & WATER.
MEDICAL EQUIPMENT
155 COMBAT SUPPORT 68,225 68,225
MEDICAL.
MAINTENANCE EQUIPMENT
156 MOBILE MAINTENANCE 55,053 55,053
EQUIPMENT SYSTEMS.
157 ITEMS LESS THAN $5.0M 5,608 5,608
(MAINT EQ).
CONSTRUCTION
EQUIPMENT
161 HYDRAULIC EXCAVATOR.. 500 500
162 TRACTOR, FULL TRACKED 4,835 4,835
163 ALL TERRAIN CRANES... 23,936 23,936
164 HIGH MOBILITY 27,188 27,188
ENGINEER EXCAVATOR
(HMEE).
166 CONST EQUIP ESP...... 34,790 34,790
167 ITEMS LESS THAN $5.0M 4,381 4,381
(CONST EQUIP).
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
168 ARMY WATERCRAFT ESP.. 35,194 35,194
169 MANEUVER SUPPORT 14,185 14,185
VESSEL (MSV).
170 ITEMS LESS THAN $5.0M 6,920 6,920
(FLOAT/RAIL).
GENERATORS
171 GENERATORS AND 58,566 58,566
ASSOCIATED EQUIP.
172 TACTICAL ELECTRIC 14,814 14,814
POWER
RECAPITALIZATION.
MATERIAL HANDLING
EQUIPMENT
173 FAMILY OF FORKLIFTS.. 14,864 14,864
TRAINING EQUIPMENT
174 COMBAT TRAINING 123,411 123,411
CENTERS SUPPORT.
175 TRAINING DEVICES, 220,707 220,707
NONSYSTEM.
176 SYNTHETIC TRAINING 20,749 15,749
ENVIRONMENT (STE).
Program [-5,000]
adjustment.
178 AVIATION COMBINED 4,840 4,840
ARMS TACTICAL
TRAINER.
179 GAMING TECHNOLOGY IN 15,463 15,463
SUPPORT OF ARMY
TRAINING.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
180 CALIBRATION SETS 3,030 3,030
EQUIPMENT.
181 INTEGRATED FAMILY OF 76,980 76,980
TEST EQUIPMENT
(IFTE).
182 TEST EQUIPMENT 16,415 13,415
MODERNIZATION
(TEMOD).
Historical [-3,000]
underexecution.
OTHER SUPPORT
EQUIPMENT
184 RAPID EQUIPPING 9,877 9,877
SOLDIER SUPPORT
EQUIPMENT.
185 PHYSICAL SECURITY 82,158 82,158
SYSTEMS (OPA3).
186 BASE LEVEL COMMON 15,340 15,340
EQUIPMENT.
187 MODIFICATION OF IN- 50,458 50,458
SVC EQUIPMENT (OPA-
3).
189 BUILDING, PRE-FAB, 14,400 14,400
RELOCATABLE.
190 SPECIAL EQUIPMENT FOR 9,821 9,821
USER TESTING.
OPA2
192 INITIAL SPARES--C&E.. 9,757 9,757
TOTAL OTHER 7,451,301 7,284,972
PROCUREMENT,
ARMY.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
001 F/A-18E/F (FIGHTER) 1,748,934 1,730,360
HORNET.
ECO and ancillary [-18,574]
equipment excess
growth.
002 F/A-18E/F (FIGHTER) 55,128 51,180
HORNET.
Excess engine [-3,948]
cost growth.
003 JOINT STRIKE FIGHTER 2,272,301 2,217,821
CV.
Target cost [-54,480]
savings.
004 JOINT STRIKE FIGHTER 339,053 339,053
CV.
005 JSF STOVL............ 1,342,035 1,266,301
Target cost [-75,734]
savings.
006 JSF STOVL............ 291,804 291,804
007 CH-53K (HEAVY LIFT).. 807,876 807,876
008 CH-53K (HEAVY LIFT).. 215,014 215,014
009 V-22 (MEDIUM LIFT)... 966,666 1,214,766
Program increase. [248,100]
010 V-22 (MEDIUM LIFT)... 27,104 27,104
011 H-1 UPGRADES (UH-1Y/ 62,003 53,003
AH-1Z).
Production line [-9,000]
shutdown excess
to need.
013 MH-60R (MYP)......... 894 894
014 P-8A POSEIDON........ 1,206,701 1,680,601
Line shutdown [-67,300]
costs early to
need.
Navy unfunded [541,200]
priority.
016 E-2D ADV HAWKEYE..... 744,484 900,284
Navy unfunded [173,000]
priority.
NRE excess cost [-17,200]
growth.
017 E-2D ADV HAWKEYE..... 190,204 190,204
TRAINER AIRCRAFT
019 ADVANCED HELICOPTER 261,160 261,160
TRAINING SYSTEM.
OTHER AIRCRAFT
020 KC-130J.............. 240,840 221,904
Unit cost growth. [-18,936]
021 KC-130J.............. 66,061 66,061
022 F-5.................. 39,676 39,676
023 MQ-4 TRITON.......... 473,134 448,134
PGSE excess cost [-25,000]
growth.
024 MQ-4 TRITON.......... 20,139 20,139
025 MQ-8 UAV............. 44,957 44,957
026 STUASL0 UAV.......... 43,819 43,819
028 VH-92A EXECUTIVE HELO 658,067 647,351
Program reduction [-10,716]
MODIFICATION OF
AIRCRAFT
029 AEA SYSTEMS.......... 44,470 39,170
Program reduction [-5,300]
030 AV-8 SERIES.......... 39,472 39,472
031 ADVERSARY............ 3,415 3,415
032 F-18 SERIES.......... 1,207,089 1,128,089
Early to need.... [-79,000]
033 H-53 SERIES.......... 68,385 68,385
034 MH-60 SERIES......... 149,797 147,297
NRE prior year [-2,500]
carryover (OSIP
018-12).
035 H-1 SERIES........... 114,059 114,059
036 EP-3 SERIES.......... 8,655 8,655
038 E-2 SERIES........... 117,059 117,059
039 TRAINER A/C SERIES... 5,616 5,616
040 C-2A................. 15,747 15,747
041 C-130 SERIES......... 122,671 116,786
B kit cost growth [-3,009]
(OSIP 019-14).
GFE excess growth [-2,876]
(OSIP 019-14).
042 FEWSG................ 509 509
043 CARGO/TRANSPORT A/C 8,767 8,767
SERIES.
044 E-6 SERIES........... 169,827 167,216
Program reduction [-2,611]
045 EXECUTIVE HELICOPTERS 8,933 8,933
SERIES.
047 T-45 SERIES.......... 186,022 184,314
NRE previously [-1,708]
funded.
048 POWER PLANT CHANGES.. 16,136 16,136
049 JPATS SERIES......... 21,824 21,824
050 AVIATION LIFE SUPPORT 39,762 39,762
MODS.
051 COMMON ECM EQUIPMENT. 162,839 152,839
Program decrease. [-10,000]
052 COMMON AVIONICS 102,107 75,107
CHANGES.
Computing and [-27,000]
displays
concurrency and
equipment growth
early to need.
053 COMMON DEFENSIVE 2,100 2,100
WEAPON SYSTEM.
054 ID SYSTEMS........... 41,437 41,437
055 P-8 SERIES........... 107,539 96,563
Increment 3 ECP 6 [-10,976]
early to need
(OSIP 006-18).
056 MAGTF EW FOR AVIATION 26,536 26,536
057 MQ-8 SERIES.......... 34,686 34,686
058 V-22 (TILT/ROTOR 325,367 325,367
ACFT) OSPREY.
059 NEXT GENERATION 6,223 3,111
JAMMER (NGJ).
Program reduction [-3,112]
060 F-35 STOVL SERIES.... 65,585 65,585
061 F-35 CV SERIES....... 15,358 15,358
062 QRC.................. 165,016 146,558
Program decrease. [-18,458]
063 MQ-4 SERIES.......... 27,994 27,994
064 RQ-21 SERIES......... 66,282 61,032
EO/IR turret [-5,250]
upgrades unit
cost growth (OSIP
004-20).
AIRCRAFT SPARES AND
REPAIR PARTS
067 SPARES AND REPAIR 2,166,788 2,146,788
PARTS.
MQ-4 Triton [-20,000]
spares excess
growth.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
068 COMMON GROUND 491,025 470,025
EQUIPMENT.
Other flight [-21,000]
training
previously funded.
069 AIRCRAFT INDUSTRIAL 71,335 71,335
FACILITIES.
070 WAR CONSUMABLES...... 41,086 32,086
BRU-61 previously [-9,000]
funded.
072 SPECIAL SUPPORT 135,740 135,740
EQUIPMENT.
073 FIRST DESTINATION 892 892
TRANSPORTATION.
TOTAL AIRCRAFT 18,522,204 18,961,816
PROCUREMENT,
NAVY.
WEAPONS PROCUREMENT,
NAVY
MODIFICATION OF
MISSILES
001 TRIDENT II MODS...... 1,177,251 1,177,251
SUPPORT EQUIPMENT &
FACILITIES
002 MISSILE INDUSTRIAL 7,142 7,142
FACILITIES.
STRATEGIC MISSILES
003 TOMAHAWK............. 386,730 344,648
Unjustified [-42,082]
tooling and
facilitization
costs.
TACTICAL MISSILES
004 AMRAAM............... 224,502 201,502
Unit cost growth. [-23,000]
005 SIDEWINDER........... 119,456 117,404
Program reduction [-2,052]
007 STANDARD MISSILE..... 404,523 404,523
008 STANDARD MISSILE..... 96,085 96,085
009 SMALL DIAMETER BOMB 118,466 115,828
II.
Program reduction [-2,638]
010 RAM.................. 106,765 106,765
012 HELLFIRE............. 1,525 1,525
015 AERIAL TARGETS....... 145,880 145,880
016 DRONES AND DECOYS.... 20,000 18,521
Excess to need... [-1,479]
017 OTHER MISSILE SUPPORT 3,388 3,388
018 LRASM................ 143,200 143,200
019 LCS OTH MISSILE...... 38,137 38,137
MODIFICATION OF
MISSILES
020 ESSM................. 128,059 110,059
Production [-18,000]
support excess to
need.
021 HARPOON MODS......... 25,447 25,447
022 HARM MODS............ 183,740 183,740
023 STANDARD MISSILES 22,500 2,500
MODS.
Early to need.... [-20,000]
SUPPORT EQUIPMENT &
FACILITIES
024 WEAPONS INDUSTRIAL 1,958 1,958
FACILITIES.
025 FLEET SATELLITE COMM 67,380 67,380
FOLLOW-ON.
ORDNANCE SUPPORT
EQUIPMENT
027 ORDNANCE SUPPORT 109,427 85,717
EQUIPMENT.
Insufficient [-23,710]
budget
justifcation.
TORPEDOES AND RELATED
EQUIP
028 SSTD................. 5,561 5,561
029 MK-48 TORPEDO........ 114,000 130,000
Program increase. [16,000]
030 ASW TARGETS.......... 15,095 15,095
MOD OF TORPEDOES AND
RELATED EQUIP
031 MK-54 TORPEDO MODS... 119,453 112,013
HAAWC cost growth [-7,440]
032 MK-48 TORPEDO ADCAP 39,508 39,508
MODS.
033 QUICKSTRIKE MINE..... 5,183 5,183
SUPPORT EQUIPMENT
034 TORPEDO SUPPORT 79,028 79,028
EQUIPMENT.
035 ASW RANGE SUPPORT.... 3,890 3,890
DESTINATION
TRANSPORTATION
036 FIRST DESTINATION 3,803 3,803
TRANSPORTATION.
GUNS AND GUN MOUNTS
037 SMALL ARMS AND 14,797 13,607
WEAPONS.
Program reduction [-1,190]
MODIFICATION OF GUNS
AND GUN MOUNTS
038 CIWS MODS............ 44,126 44,126
039 COAST GUARD WEAPONS.. 44,980 44,980
040 GUN MOUNT MODS....... 66,376 66,376
041 LCS MODULE WEAPONS... 14,585 14,585
043 AIRBORNE MINE 7,160 7,160
NEUTRALIZATION
SYSTEMS.
SPARES AND REPAIR
PARTS
UNDISTRIBUTED
045 SPARES AND REPAIR 126,138 124,390
PARTS.
Program reduction [-1,748]
TOTAL WEAPONS 4,235,244 4,107,905
PROCUREMENT,
NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 36,028 34,997
Fuze contract [-1,031]
delay and unit
cost growth.
002 JDAM................. 70,413 70,413
003 AIRBORNE ROCKETS, ALL 31,756 27,707
TYPES.
Unit cost growth. [-4,049]
004 MACHINE GUN 4,793 4,793
AMMUNITION.
005 PRACTICE BOMBS....... 34,708 27,208
Q1300 LGTR unit [-7,500]
cost growth.
006 CARTRIDGES & CART 45,738 38,738
ACTUATED DEVICES.
Contract and [-7,000]
schedule delays.
007 AIR EXPENDABLE 77,301 67,854
COUNTERMEASURES.
Unit cost growth. [-9,447]
008 JATOS................ 7,262 7,262
009 5 INCH/54 GUN 22,594 21,166
AMMUNITION.
MK187 mod 0 [-1,428]
projectile unit
cost growth.
010 INTERMEDIATE CALIBER 37,193 37,193
GUN AMMUNITION.
011 OTHER SHIP GUN 39,491 39,291
AMMUNITION.
CART 20MM [-200]
contract award
delay.
012 SMALL ARMS & LANDING 47,896 47,896
PARTY AMMO.
013 PYROTECHNIC AND 10,621 10,621
DEMOLITION.
015 AMMUNITION LESS THAN 2,386 2,386
$5 MILLION.
MARINE CORPS
AMMUNITION
016 MORTARS.............. 55,543 50,543
Prior year [-5,000]
underexecution.
017 DIRECT SUPPORT 131,765 131,765
MUNITIONS.
018 INFANTRY WEAPONS 78,056 52,088
AMMUNITION.
Underexecution [-25,968]
and schedule
delays.
019 COMBAT SUPPORT 40,048 34,048
MUNITIONS.
Unit cost growth. [-6,000]
020 AMMO MODERNIZATION... 14,325 14,325
021 ARTILLERY MUNITIONS.. 188,876 167,476
DA 54 contract [-21,400]
delay.
022 ITEMS LESS THAN $5 4,521 4,521
MILLION.
TOTAL 981,314 892,291
PROCUREMENT OF
AMMO, NAVY & MC.
SHIPBUILDING AND
CONVERSION, NAVY
FLEET BALLISTIC
MISSILE SHIPS
001 OHIO REPLACEMENT 1,698,907 1,821,907
SUBMARINE.
Submarine [123,000]
supplier
development.
OTHER WARSHIPS
002 CARRIER REPLACEMENT 2,347,000 1,042,000
PROGRAM.
Basic [-20,000]
construction/
conversion excess
cost growth.
Restoring [-1,285,000]
acquisition
accountability:
Transfer CVN-81
only to line 2X.
002A CARRIER REPLACEMENT 1,285,000
PROGRAM.
For CVN-81 only.. [1,285,000]
003 VIRGINIA CLASS 7,155,946 5,445,946
SUBMARINE.
Block V program [1,490,000]
increase.
SSN-812 program [-3,200,000]
decrease.
004 VIRGINIA CLASS 2,769,552 2,969,552
SUBMARINE ADVANCE
PROCUREMENT.
Advance [200,000]
Procurement in
support of a 10th
multi-year
procurement
contract ship
only.
005 CVN REFUELING 647,926 631,926
OVERHAULS.
CVN-74 RCOH [-16,000]
unjustified cost
growth.
006 CVN REFUELING 16,900
OVERHAULS ADVANCE
PROCUREMENT.
Restore CVN-75 [16,900]
RCOH.
007 DDG 1000............. 155,944 155,944
008 DDG-51............... 5,099,295 5,033,295
Basic [-66,000]
Construction
excess growth.
009 DDG-51 ADVANCE 224,028 484,028
PROCUREMENT.
Accelerate LLTM [260,000]
for FY21 Flight
III destroyers.
011 FFG-FRIGATE.......... 1,281,177 1,281,177
AMPHIBIOUS SHIPS
012 LPD FLIGHT II........ 525,000
LPD-31 program [277,900]
increase.
Transfer from [247,100]
line 13.
013 LPD FLIGHT II ADVANCE 247,100 0
PROCUREMENT.
Transfer to line [-247,100]
12.
015 LHA REPLACEMENT...... 650,000
LHA-9 program [650,000]
increase.
AUXILIARIES, CRAFT
AND PRIOR YR PROGRAM
COST
018 TAO FLEET OILER...... 981,215 981,215
019 TAO FLEET OILER 73,000 73,000
ADVANCE PROCUREMENT.
020 TOWING, SALVAGE, AND 150,282 150,282
RESCUE SHIP (ATS).
022 LCU 1700............. 85,670 85,670
023 OUTFITTING........... 754,679 705,721
Excess cost [-40,000]
growth.
Virginia class [-8,958]
outfitting excess
growth.
024 SHIP TO SHORE 65,000
CONNECTOR.
Program increase. [65,000]
025 SERVICE CRAFT........ 56,289 81,789
Accelerate YP-703 [25,500]
Flight II.
028 COMPLETION OF PY 55,700 104,700
SHIPBUILDING
PROGRAMS.
UPL EPF-14 [49,000]
conversion.
TOTAL 23,783,710 23,590,052
SHIPBUILDING AND
CONVERSION, NAVY.
OTHER PROCUREMENT,
NAVY
SHIP PROPULSION
EQUIPMENT
001 SURFACE POWER 14,490 14,490
EQUIPMENT.
GENERATORS
002 SURFACE COMBATANT 31,583 31,561
HM&E.
Twisted rudder [-22]
installation
early to need.
NAVIGATION EQUIPMENT
003 OTHER NAVIGATION 77,404 77,404
EQUIPMENT.
OTHER SHIPBOARD
EQUIPMENT
004 SUB PERISCOPE, 160,803 160,803
IMAGING AND SUPT
EQUIP PROG.
005 DDG MOD.............. 566,140 553,490
Aegis [-5,000]
modernization
testing excess to
need.
Combat system [-7,650]
ship
qualification
trials excess to
need.
006 FIREFIGHTING 18,223 18,223
EQUIPMENT.
007 COMMAND AND CONTROL 2,086 2,086
SWITCHBOARD.
008 LHA/LHD MIDLIFE...... 95,651 79,563
Excess cost [-16,088]
growth.
009 POLLUTION CONTROL 23,910 23,910
EQUIPMENT.
010 SUBMARINE SUPPORT 44,895 44,895
EQUIPMENT.
011 VIRGINIA CLASS 28,465 28,465
SUPPORT EQUIPMENT.
012 LCS CLASS SUPPORT 19,426 19,426
EQUIPMENT.
013 SUBMARINE BATTERIES.. 26,290 25,297
Virginia class [-993]
unit cost growth.
014 LPD CLASS SUPPORT 46,945 46,945
EQUIPMENT.
015 DDG 1000 CLASS 9,930 9,930
SUPPORT EQUIPMENT.
016 STRATEGIC PLATFORM 14,331 14,331
SUPPORT EQUIP.
017 DSSP EQUIPMENT....... 2,909 2,909
018 CG MODERNIZATION..... 193,990 193,990
019 LCAC................. 3,392 3,392
020 UNDERWATER EOD 71,240 71,240
PROGRAMS.
021 ITEMS LESS THAN $5 102,543 102,543
MILLION.
022 CHEMICAL WARFARE 2,961 2,961
DETECTORS.
023 SUBMARINE LIFE 6,635 6,635
SUPPORT SYSTEM.
REACTOR PLANT
EQUIPMENT
024 REACTOR POWER UNITS.. 5,340 5,340
025 REACTOR COMPONENTS... 465,726 462,749
Program decrease-- [-2,977]
unit cost growth.
OCEAN ENGINEERING
026 DIVING AND SALVAGE 11,854 11,854
EQUIPMENT.
SMALL BOATS
027 STANDARD BOATS....... 79,102 79,102
PRODUCTION FACILITIES
EQUIPMENT
028 OPERATING FORCES IPE. 202,238 202,238
OTHER SHIP SUPPORT
029 LCS COMMON MISSION 51,553 51,553
MODULES EQUIPMENT.
030 LCS MCM MISSION 197,129 134,157
MODULES.
Excess cost [-62,972]
growth.
031 LCS ASW MISSION 27,754 27,754
MODULES.
032 LCS SUW MISSION 26,566 26,566
MODULES.
033 LCS IN-SERVICE 84,972 82,000
MODERNIZATION.
Habitability mod [-2,972]
(Freedom variant)
unit cost growth.
034 SMALL & MEDIUM UUV... 40,547 10,647
Knifefish early [-29,900]
to need.
LOGISTIC SUPPORT
035 LSD MIDLIFE & 40,269 40,269
MODERNIZATION.
SHIP SONARS
036 SPQ-9B RADAR......... 26,195 26,195
037 AN/SQQ-89 SURF ASW 125,237 125,237
COMBAT SYSTEM.
038 SSN ACOUSTIC 366,968 356,953
EQUIPMENT.
Low cost [-10,015]
conformal array
contract delay.
039 UNDERSEA WARFARE 8,967 8,967
SUPPORT EQUIPMENT.
ASW ELECTRONIC
EQUIPMENT
040 SUBMARINE ACOUSTIC 23,545 23,545
WARFARE SYSTEM.
041 SSTD................. 12,439 12,439
042 FIXED SURVEILLANCE 128,441 128,441
SYSTEM.
043 SURTASS.............. 21,923 21,923
ELECTRONIC WARFARE
EQUIPMENT
044 AN/SLQ-32............ 420,154 350,686
Block 3 kit early [-65,758]
to need.
FMP block 1B3 for [-2,300]
SLQ-32(V) 6
previously funded.
SEWIP block 1B2 [-1,410]
for USCG ship
forward fit
contract delays.
RECONNAISSANCE
EQUIPMENT
045 SHIPBOARD IW EXPLOIT. 194,758 193,440
SSEE [-1,318]
modifications
kits unit cost
growth.
046 AUTOMATED 5,368 5,368
IDENTIFICATION
SYSTEM (AIS).
OTHER SHIP ELECTRONIC
EQUIPMENT
047 COOPERATIVE 35,128 35,128
ENGAGEMENT
CAPABILITY.
048 NAVAL TACTICAL 15,154 15,154
COMMAND SUPPORT
SYSTEM (NTCSS).
049 ATDLS................ 52,753 52,753
050 NAVY COMMAND AND 3,390 3,390
CONTROL SYSTEM
(NCCS).
051 MINESWEEPING SYSTEM 19,448 19,448
REPLACEMENT.
052 SHALLOW WATER MCM.... 8,730 8,730
053 NAVSTAR GPS RECEIVERS 32,674 32,674
(SPACE).
054 AMERICAN FORCES RADIO 2,617 2,617
AND TV SERVICE.
055 STRATEGIC PLATFORM 7,973 7,973
SUPPORT EQUIP.
AVIATION ELECTRONIC
EQUIPMENT
056 ASHORE ATC EQUIPMENT. 72,406 72,406
057 AFLOAT ATC EQUIPMENT. 67,410 65,779
ACLS mod kits [-1,631]
installations
cost growth.
058 ID SYSTEMS........... 26,059 26,059
059 JOINT PRECISION 92,695 78,195
APPROACH AND LANDING
SYSTEM (.
Early to need.... [-14,500]
060 NAVAL MISSION 15,296 15,296
PLANNING SYSTEMS.
OTHER SHORE
ELECTRONIC EQUIPMENT
061 TACTICAL/MOBILE C4I 36,226 36,226
SYSTEMS.
062 DCGS-N............... 21,788 21,427
DCGS-N increment [-361]
2 kit unit cost
discrepancy.
063 CANES................ 426,654 395,154
Program decrease. [-31,500]
064 RADIAC............... 6,450 6,450
065 CANES-INTELL......... 52,713 52,713
066 GPETE................ 13,028 13,028
067 MASF................. 5,193 5,193
068 INTEG COMBAT SYSTEM 6,028 6,028
TEST FACILITY.
069 EMI CONTROL 4,209 4,209
INSTRUMENTATION.
070 ITEMS LESS THAN $5 168,436 144,636
MILLION.
NGSSR early to [-23,800]
need.
SHIPBOARD
COMMUNICATIONS
071 SHIPBOARD TACTICAL 55,853 50,053
COMMUNICATIONS.
DMR IW and MUOS [-5,800]
system
procurement
afloat previously
funded.
072 SHIP COMMUNICATIONS 137,861 122,380
AUTOMATION.
STACC cost growth [-15,481]
073 COMMUNICATIONS ITEMS 35,093 31,493
UNDER $5M.
Improving funds [-3,600]
management: prior
year carryover.
SUBMARINE
COMMUNICATIONS
074 SUBMARINE BROADCAST 50,833 50,833
SUPPORT.
075 SUBMARINE 69,643 60,794
COMMUNICATION
EQUIPMENT.
Buoy shape [-8,849]
improvement
unjustified
request.
SATELLITE
COMMUNICATIONS
076 SATELLITE 45,841 45,841
COMMUNICATIONS
SYSTEMS.
077 NAVY MULTIBAND 88,021 82,148
TERMINAL (NMT).
Afloat ship kit [-4,055]
cost growth.
Assured C2 modems [-1,818]
installation cost
excess growth.
SHORE COMMUNICATIONS
078 JOINT COMMUNICATIONS 4,293 4,293
SUPPORT ELEMENT
(JCSE).
CRYPTOGRAPHIC
EQUIPMENT
079 INFO SYSTEMS SECURITY 166,540 166,540
PROGRAM (ISSP).
080 MIO INTEL 968 968
EXPLOITATION TEAM.
CRYPTOLOGIC EQUIPMENT
081 CRYPTOLOGIC 13,090 13,090
COMMUNICATIONS EQUIP.
OTHER ELECTRONIC
SUPPORT
083 COAST GUARD EQUIPMENT 61,370 61,370
SONOBUOYS
085 SONOBUOYS--ALL TYPES. 260,644 310,644
UPL sonobuoy [50,000]
increase.
AIRCRAFT SUPPORT
EQUIPMENT
086 MINOTAUR............. 5,000 5,000
087 WEAPONS RANGE SUPPORT 101,843 101,843
EQUIPMENT.
088 AIRCRAFT SUPPORT 145,601 135,211
EQUIPMENT.
Excess cost [-10,390]
growth.
089 ADVANCED ARRESTING 4,725 4,725
GEAR (AAG).
090 METEOROLOGICAL 14,687 12,407
EQUIPMENT.
ASOS upgrades [-2,280]
unit cost growth.
092 LEGACY AIRBORNE MCM.. 19,250 18,918
Modifications [-332]
unjustified
growth.
093 LAMPS EQUIPMENT...... 792 792
094 AVIATION SUPPORT 55,415 52,415
EQUIPMENT.
Contract delay... [-3,000]
095 UMCS-UNMAN CARRIER 32,668 32,668
AVIATION(UCA)MISSION
CNTRL.
SHIP GUN SYSTEM
EQUIPMENT
096 SHIP GUN SYSTEMS 5,451 5,451
EQUIPMENT.
SHIP MISSILE SYSTEMS
EQUIPMENT
097 HARPOON SUPPORT 1,100 1,100
EQUIPMENT.
098 SHIP MISSILE SUPPORT 228,104 268,304
EQUIPMENT.
Program increase. [40,200]
099 TOMAHAWK SUPPORT 78,593 78,593
EQUIPMENT.
FBM SUPPORT EQUIPMENT
100 STRATEGIC MISSILE 280,510 280,510
SYSTEMS EQUIP.
ASW SUPPORT EQUIPMENT
101 SSN COMBAT CONTROL 148,547 143,678
SYSTEMS.
Excess cost [-4,869]
growth.
102 ASW SUPPORT EQUIPMENT 21,130 21,130
OTHER ORDNANCE
SUPPORT EQUIPMENT
103 EXPLOSIVE ORDNANCE 15,244 15,244
DISPOSAL EQUIP.
104 ITEMS LESS THAN $5 5,071 5,071
MILLION.
OTHER EXPENDABLE
ORDNANCE
105 ANTI-SHIP MISSILE 41,962 41,962
DECOY SYSTEM.
106 SUBMARINE TRAINING 75,057 75,057
DEVICE MODS.
107 SURFACE TRAINING 233,175 222,647
EQUIPMENT.
BFFT ship sets [-1,515]
excess to need.
LCS trainer [-9,013]
equipment early
to need.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
108 PASSENGER CARRYING 4,562 4,562
VEHICLES.
109 GENERAL PURPOSE 10,974 10,974
TRUCKS.
110 CONSTRUCTION & 43,191 43,191
MAINTENANCE EQUIP.
111 FIRE FIGHTING 21,142 11,642
EQUIPMENT.
Contract delays.. [-9,500]
112 TACTICAL VEHICLES.... 33,432 33,432
114 POLLUTION CONTROL 2,633 2,633
EQUIPMENT.
115 ITEMS UNDER $5 53,467 53,467
MILLION.
116 PHYSICAL SECURITY 1,173 1,173
VEHICLES.
SUPPLY SUPPORT
EQUIPMENT
117 SUPPLY EQUIPMENT..... 16,730 16,730
118 FIRST DESTINATION 5,389 5,389
TRANSPORTATION.
119 SPECIAL PURPOSE 654,674 617,522
SUPPLY SYSTEMS.
Insufficient [-37,152]
budget
justification.
TRAINING DEVICES
120 TRAINING SUPPORT 3,633 3,633
EQUIPMENT.
121 TRAINING AND 97,636 94,536
EDUCATION EQUIPMENT.
Excess growth.... [-3,100]
COMMAND SUPPORT
EQUIPMENT
122 COMMAND SUPPORT 66,102 50,434
EQUIPMENT.
Prior year [-15,668]
underexecution.
123 MEDICAL SUPPORT 3,633 3,633
EQUIPMENT.
125 NAVAL MIP SUPPORT 6,097 6,097
EQUIPMENT.
126 OPERATING FORCES 16,905 16,905
SUPPORT EQUIPMENT.
127 C4ISR EQUIPMENT...... 30,146 30,146
128 ENVIRONMENTAL SUPPORT 21,986 21,986
EQUIPMENT.
129 PHYSICAL SECURITY 160,046 160,046
EQUIPMENT.
130 ENTERPRISE 56,899 56,899
INFORMATION
TECHNOLOGY.
OTHER
133 NEXT GENERATION 122,832 122,832
ENTERPRISE SERVICE.
CLASSIFIED PROGRAMS
133A CLASSIFIED PROGRAMS.. 16,346 16,346
SPARES AND REPAIR
PARTS
134 SPARES AND REPAIR 375,608 352,140
PARTS.
JPALS spares [-8,137]
early to need.
LCS spares early [-15,331]
to need.
TOTAL OTHER 9,652,956 9,302,099
PROCUREMENT,
NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
001 AAV7A1 PIP........... 39,495 39,495
002 AMPHIBIOUS COMBAT 317,935 313,131
VEHICLE 1.1.
Excess [-4,804]
engineering
change orders.
003 LAV PIP.............. 60,734 60,734
ARTILLERY AND OTHER
WEAPONS
004 155MM LIGHTWEIGHT 25,065 25,065
TOWED HOWITZER.
005 ARTILLERY WEAPONS 100,002 90,002
SYSTEM.
Equipment [-10,000]
previously funded
and cost growth.
006 WEAPONS AND COMBAT 31,945 31,945
VEHICLES UNDER $5
MILLION.
OTHER SUPPORT
007 MODIFICATION KITS.... 22,760 22,760
GUIDED MISSILES
008 GROUND BASED AIR 175,998 175,998
DEFENSE.
009 ANTI-ARMOR MISSILE- 20,207 20,207
JAVELIN.
010 FAMILY ANTI-ARMOR 21,913 21,913
WEAPON SYSTEMS
(FOAAWS).
011 ANTI-ARMOR MISSILE- 60,501 60,501
TOW.
012 GUIDED MLRS ROCKET 29,062 28,062
(GMLRS).
Unit cost [-1,000]
discrepancy.
COMMAND AND CONTROL
SYSTEMS
013 COMMON AVIATION 37,203 32,203
COMMAND AND CONTROL
SYSTEM (C.
AN/MRQ-13 [-5,000]
communications
subsystems
upgrades
unjustified
growth.
REPAIR AND TEST
EQUIPMENT
014 REPAIR AND TEST 55,156 55,156
EQUIPMENT.
OTHER SUPPORT (TEL)
015 MODIFICATION KITS.... 4,945 4,945
COMMAND AND CONTROL
SYSTEM (NON-TEL)
016 ITEMS UNDER $5 112,124 82,424
MILLION (COMM &
ELEC).
Unit cost growth. [-29,700]
017 AIR OPERATIONS C2 17,408 17,408
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
018 RADAR SYSTEMS........ 329 329
019 GROUND/AIR TASK 273,022 273,022
ORIENTED RADAR (G/
ATOR).
INTELL/COMM EQUIPMENT
(NON-TEL)
021 GCSS-MC.............. 4,484 4,484
022 FIRE SUPPORT SYSTEM.. 35,488 35,488
023 INTELLIGENCE SUPPORT 56,896 54,396
EQUIPMENT.
Unjustified [-2,500]
growth.
025 UNMANNED AIR SYSTEMS 34,711 34,711
(INTEL).
026 DCGS-MC.............. 32,562 32,562
OTHER SUPPORT (NON-
TEL)
030 NEXT GENERATION 114,901 114,901
ENTERPRISE NETWORK
(NGEN).
031 COMMON COMPUTER 51,094 51,094
RESOURCES.
032 COMMAND POST SYSTEMS. 108,897 108,897
033 RADIO SYSTEMS........ 227,320 212,320
Cost growth and [-15,000]
early to need.
034 COMM SWITCHING & 31,685 23,781
CONTROL SYSTEMS.
ECP small form [-7,904]
factor previously
funded.
035 COMM & ELEC 21,140 21,140
INFRASTRUCTURE
SUPPORT.
036 CYBERSPACE ACTIVITIES 27,632 27,632
CLASSIFIED PROGRAMS
036A CLASSIFIED PROGRAMS.. 5,535 5,535
ADMINISTRATIVE
VEHICLES
037 COMMERCIAL CARGO 28,913 28,913
VEHICLES.
TACTICAL VEHICLES
038 MOTOR TRANSPORT 19,234 19,234
MODIFICATIONS.
039 JOINT LIGHT TACTICAL 558,107 556,107
VEHICLE.
ECP previously [-2,000]
funded.
040 FAMILY OF TACTICAL 2,693 2,693
TRAILERS.
ENGINEER AND OTHER
EQUIPMENT
041 ENVIRONMENTAL CONTROL 495 495
EQUIP ASSORT.
042 TACTICAL FUEL SYSTEMS 52 52
043 POWER EQUIPMENT 22,441 22,441
ASSORTED.
044 AMPHIBIOUS SUPPORT 7,101 7,101
EQUIPMENT.
045 EOD SYSTEMS.......... 44,700 44,700
MATERIALS HANDLING
EQUIPMENT
046 PHYSICAL SECURITY 15,404 15,404
EQUIPMENT.
GENERAL PROPERTY
047 FIELD MEDICAL 2,898 2,898
EQUIPMENT.
048 TRAINING DEVICES..... 149,567 126,567
ODS unjustified [-23,000]
request.
049 FAMILY OF 35,622 35,622
CONSTRUCTION
EQUIPMENT.
050 ULTRA-LIGHT TACTICAL 647 647
VEHICLE (ULTV).
OTHER SUPPORT
051 ITEMS LESS THAN $5 10,956 10,956
MILLION.
SPARES AND REPAIR
PARTS
052 SPARES AND REPAIR 33,470 33,470
PARTS.
TOTAL 3,090,449 2,989,541
PROCUREMENT,
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
TACTICAL FORCES
001 F-35................. 4,274,359 5,566,409
Program increase. [1,042,800]
Program increase: [440,000]
Turkish F-35A
Reallocation
Initiative.
Target cost [-190,750]
savings.
002 F-35................. 655,500 811,500
UPL Increase..... [156,000]
003 F-15E................ 1,050,000 985,500
Unjustified non- [-64,500]
recurring
engineering.
TACTICAL AIRLIFT
005 KC-46A MDAP.......... 2,234,529 2,198,529
Excess to need... [-36,000]
OTHER AIRLIFT
006 C-130J............... 12,156 404,156
Program increase. [392,000]
008 MC-130J.............. 871,207 857,607
Excess to need... [-13,600]
009 MC-130J.............. 40,000 40,000
HELICOPTERS
010 COMBAT RESCUE 884,235 876,035
HELICOPTER.
Excess to need... [-8,200]
MISSION SUPPORT
AIRCRAFT
011 C-37A................ 161,000 147,500
Unit cost growth. [-13,500]
012 CIVIL AIR PATROL A/C. 2,767 2,767
OTHER AIRCRAFT
014 TARGET DRONES........ 130,837 130,837
015 COMPASS CALL......... 114,095 114,095
017 MQ-9................. 189,205 175,205
Unit cost growth. [-14,000]
STRATEGIC AIRCRAFT
019 B-2A................. 9,582 9,582
020 B-1B................. 22,111 13,111
ADS-B ahead of [-9,000]
need.
021 B-52................. 69,648 69,648
022 LARGE AIRCRAFT 43,758 43,758
INFRARED
COUNTERMEASURES.
TACTICAL AIRCRAFT
023 A-10................. 132,069 132,069
024 E-11 BACN/HAG........ 70,027 70,027
025 F-15................. 481,073 467,767
ADCP unnecessary [-13,306]
due to F-15X.
026 F-16................. 234,782 309,782
Additional radars [75,000]
028 F-22A................ 323,597 323,597
030 F-35 MODIFICATIONS... 343,590 343,590
031 F-15 EPAW............ 149,047 125,417
Not required [-23,630]
because of F-15X.
032 INCREMENT 3.2B....... 20,213 20,213
033 KC-46A MDAP.......... 10,213 5,213
Funding ahead of [-5,000]
need.
AIRLIFT AIRCRAFT
034 C-5.................. 73,550 73,550
036 C-17A................ 60,244 60,244
037 C-21................. 216 216
038 C-32A................ 11,511 11,511
039 C-37A................ 435 435
TRAINER AIRCRAFT
040 GLIDER MODS.......... 138 138
041 T-6.................. 11,826 11,826
042 T-1.................. 26,787 26,787
043 T-38................. 37,341 37,341
OTHER AIRCRAFT
044 U-2 MODS............. 86,896 106,896
Increase for U-2 [20,000]
enhancements.
045 KC-10A (ATCA)........ 2,108 2,108
046 C-12................. 3,021 3,021
047 VC-25A MOD........... 48,624 48,624
048 C-40................. 256 256
049 C-130................ 52,066 186,066
3.5 Engine [79,000]
Enhancement
Package.
NP-2000 prop [55,000]
blade upgrades.
050 C-130J MODS.......... 141,686 141,686
051 C-135................ 124,491 122,616
Low cost mods [-1,000]
slow execution.
RPI installs..... [-875]
053 COMPASS CALL......... 110,754 110,754
054 COMBAT FLIGHT 508 508
INSPECTION--CFIN.
055 RC-135............... 227,673 227,673
056 E-3.................. 216,299 128,992
NATO AWACS--Air [-87,307]
Force requested
transfer to line
88.
057 E-4.................. 58,477 58,477
058 E-8.................. 28,778 48,778
Increase for re- [20,000]
engining.
059 AIRBORNE WARNING AND 36,000 36,000
CNTRL SYS (AWACS) 40/
45.
060 FAMILY OF BEYOND LINE- 7,910 7,910
OF-SIGHT TERMINALS.
061 H-1.................. 3,817 3,817
062 H-60................. 20,879 20,879
063 RQ-4 MODS............ 1,704 1,704
064 HC/MC-130 51,482 51,482
MODIFICATIONS.
065 OTHER AIRCRAFT....... 50,098 50,098
066 MQ-9 MODS............ 383,594 251,594
Production rate [-132,000]
adjustment of DAS-
4 sensor.
068 CV-22 MODS........... 65,348 65,348
AIRCRAFT SPARES AND
REPAIR PARTS
069 INITIAL SPARES/REPAIR 708,230 799,230
PARTS.
F-35 spares...... [96,000]
Program decrease. [-30,000]
RQ-4............. [25,000]
COMMON SUPPORT
EQUIPMENT
072 AIRCRAFT REPLACEMENT 84,938 84,938
SUPPORT EQUIP.
POST PRODUCTION
SUPPORT
073 B-2A................. 1,403 1,403
074 B-2B................. 42,234 42,234
075 B-52................. 4,641 4,641
076 C-17A................ 124,805 124,805
079 F-15................. 2,589 2,589
081 F-16................. 15,348 15,348
084 RQ-4 POST PRODUCTION 47,246 47,246
CHARGES.
INDUSTRIAL
PREPAREDNESS
086 INDUSTRIAL 17,705 17,705
RESPONSIVENESS.
WAR CONSUMABLES
087 WAR CONSUMABLES...... 32,102 32,102
OTHER PRODUCTION
CHARGES
088 OTHER PRODUCTION 1,194,728 1,222,035
CHARGES.
F-22 NGEN lab [-60,000]
excess.
NATO AWACS--Air [87,307]
Force requested
transfer from
line 56.
CLASSIFIED PROGRAMS
090A CLASSIFIED PROGRAMS.. 34,193 34,193
TOTAL AIRCRAFT 16,784,279 18,569,718
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
MISSILE REPLACEMENT
EQUIPMENT--BALLISTIC
001 MISSILE REPLACEMENT 55,888 55,888
EQ-BALLISTIC.
TACTICAL
002 REPLAC EQUIP & WAR 9,100 9,100
CONSUMABLES.
003 JOINT AIR-TO-GROUND 15,000 7,500
MUNITION.
Unjustified [-7,500]
requirement (JAGM-
F).
004 JOINT AIR-SURFACE 482,525 482,525
STANDOFF MISSILE.
006 SIDEWINDER (AIM-9X).. 160,408 160,408
007 AMRAAM............... 332,250 332,250
008 PREDATOR HELLFIRE 118,860 118,860
MISSILE.
009 SMALL DIAMETER BOMB.. 275,438 275,438
010 SMALL DIAMETER BOMB 212,434 200,684
II.
Unit cost growth. [-11,750]
INDUSTRIAL FACILITIES
011 INDUSTR'L PREPAREDNS/ 801 801
POL PREVENTION.
CLASS IV
012 ICBM FUZE MOD........ 5,000 5,000
013 ICBM FUZE MOD........ 14,497 14,497
014 MM III MODIFICATIONS. 50,831 59,705
Air Force [8,874]
requested
transfer.
015 AGM-65D MAVERICK..... 294 294
016 AIR LAUNCH CRUISE 77,387 68,513
MISSILE (ALCM).
Air Force [-8,874]
requested
transfer.
MISSILE SPARES AND
REPAIR PARTS
018 MSL SPRS/REPAIR PARTS 1,910 1,910
(INITIAL).
019 REPLEN SPARES/REPAIR 82,490 82,490
PARTS.
SPECIAL PROGRAMS
023 SPECIAL UPDATE 144,553 144,553
PROGRAMS.
CLASSIFIED PROGRAMS
023A CLASSIFIED PROGRAMS.. 849,521 849,521
TOTAL MISSILE 2,889,187 2,869,937
PROCUREMENT, AIR
FORCE.
SPACE PROCUREMENT,
AIR FORCE
SPACE PROGRAMS
001 ADVANCED EHF......... 31,894 31,894
002 AF SATELLITE COMM 56,298 56,298
SYSTEM.
004 COUNTERSPACE SYSTEMS. 5,700 5,700
005 FAMILY OF BEYOND LINE- 34,020 29,020
OF-SIGHT TERMINALS.
Unjustified [-5,000]
growth.
007 GENERAL INFORMATION 3,244 3,244
TECH--SPACE.
008 GPSIII FOLLOW ON..... 414,625 414,625
009 GPS III SPACE SEGMENT 31,466 31,466
012 SPACEBORNE EQUIP 32,031 32,031
(COMSEC).
013 MILSATCOM............ 11,096 11,096
015 EVOLVED EXPENDABLE 1,237,635 1,237,635
LAUNCH VEH(SPACE).
016 SBIR HIGH (SPACE).... 233,952 233,952
017 NUDET DETECTION 7,432 7,432
SYSTEM.
018 ROCKET SYSTEMS LAUNCH 11,473 11,473
PROGRAM.
019 SPACE FENCE.......... 71,784 71,784
020 SPACE MODS........... 106,330 106,330
021 SPACELIFT RANGE 118,140 118,140
SYSTEM SPACE.
SPACE PROCUREMENT,
AIR FORCE
SPARES
022 SPARES AND REPAIR 7,263 7,263
PARTS.
TOTAL SPACE 2,414,383 2,409,383
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 133,268 115,068
APKWS Mk 66 [-18,200]
rocket motor
price adjustment.
CARTRIDGES
002 CARTRIDGES........... 140,449 140,449
BOMBS
003 PRACTICE BOMBS....... 29,313 29,313
004 GENERAL PURPOSE BOMBS 85,885 85,885
006 JOINT DIRECT ATTACK 1,066,224 1,034,224
MUNITION.
Tailkit unit cost [-32,000]
adjustment.
007 B61.................. 80,773 80,773
OTHER ITEMS
009 CAD/PAD.............. 47,069 47,069
010 EXPLOSIVE ORDNANCE 6,133 6,133
DISPOSAL (EOD).
011 SPARES AND REPAIR 533 533
PARTS.
012 MODIFICATIONS........ 1,291 1,291
013 ITEMS LESS THAN 1,677 1,677
$5,000,000.
FLARES
015 FLARES............... 36,116 36,116
FUZES
016 FUZES................ 1,734 1,734
SMALL ARMS
017 SMALL ARMS........... 37,496 37,496
TOTAL 1,667,961 1,617,761
PROCUREMENT OF
AMMUNITION, AIR
FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 15,238 15,238
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL 34,616 34,616
VEHICLE.
003 CAP VEHICLES......... 1,040 3,567
Program increase-- [1,867]
communications.
Program increase-- [660]
vehicles.
004 CARGO AND UTILITY 23,133 23,133
VEHICLES.
SPECIAL PURPOSE
VEHICLES
005 JOINT LIGHT TACTICAL 32,027 32,027
VEHICLE.
006 SECURITY AND TACTICAL 1,315 1,315
VEHICLES.
007 SPECIAL PURPOSE 14,593 14,593
VEHICLES.
FIRE FIGHTING
EQUIPMENT
008 FIRE FIGHTING/CRASH 28,604 28,604
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
009 MATERIALS HANDLING 21,848 21,848
VEHICLES.
BASE MAINTENANCE
SUPPORT
010 RUNWAY SNOW REMOV AND 2,925 2,925
CLEANING EQU.
011 BASE MAINTENANCE 55,776 55,776
SUPPORT VEHICLES.
COMM SECURITY
EQUIPMENT(COMSEC)
013 COMSEC EQUIPMENT..... 91,461 91,461
INTELLIGENCE PROGRAMS
014 INTERNATIONAL INTEL 11,386 11,386
TECH & ARCHITECTURES.
015 INTELLIGENCE TRAINING 7,619 7,619
EQUIPMENT.
016 INTELLIGENCE COMM 35,558 32,058
EQUIPMENT.
IMAD unjustified [-3,500]
procurement.
ELECTRONICS PROGRAMS
017 AIR TRAFFIC CONTROL & 17,939 17,939
LANDING SYS.
019 BATTLE CONTROL 3,063 3,063
SYSTEM--FIXED.
021 WEATHER OBSERVATION 31,447 31,447
FORECAST.
022 STRATEGIC COMMAND AND 5,090 5,090
CONTROL.
023 CHEYENNE MOUNTAIN 10,145 10,145
COMPLEX.
024 MISSION PLANNING 14,508 14,508
SYSTEMS.
026 INTEGRATED STRAT PLAN 9,901 9,901
& ANALY NETWORK
(ISPAN).
SPCL COMM-ELECTRONICS
PROJECTS
027 GENERAL INFORMATION 26,933 26,933
TECHNOLOGY.
028 AF GLOBAL COMMAND & 2,756 2,756
CONTROL SYS.
029 BATTLEFIELD AIRBORNE 48,478 48,478
CONTROL NODE (BACN).
030 MOBILITY COMMAND AND 21,186 21,186
CONTROL.
031 AIR FORCE PHYSICAL 178,361 178,361
SECURITY SYSTEM.
032 COMBAT TRAINING 233,993 261,993
RANGES.
Joint threat [28,000]
emitters.
033 MINIMUM ESSENTIAL 132,648 132,648
EMERGENCY COMM N.
034 WIDE AREA 80,818 42,118
SURVEILLANCE (WAS).
Program decrease. [-38,700]
035 C3 COUNTERMEASURES... 25,036 25,036
036 INTEGRATED PERSONNEL 20,900 0
AND PAY SYSTEM.
Poor agile [-20,900]
implementation.
037 GCSS-AF FOS.......... 11,226 11,226
038 DEFENSE ENTERPRISE 1,905 1,905
ACCOUNTING & MGT SYS.
039 MAINTENANCE REPAIR & 1,912 1,912
OVERHAUL INITIATIVE.
040 THEATER BATTLE MGT C2 6,337 6,337
SYSTEM.
041 AIR & SPACE 33,243 33,243
OPERATIONS CENTER
(AOC).
AIR FORCE
COMMUNICATIONS
043 BASE INFORMATION 69,530 62,280
TRANSPT INFRAST
(BITI) WIRED.
Restoring [-7,250]
acquisition
accountability.
044 AFNET................ 147,063 147,063
045 JOINT COMMUNICATIONS 6,505 6,505
SUPPORT ELEMENT
(JCSE).
046 USCENTCOM............ 20,190 20,190
047 USSTRATCOM........... 11,244 11,244
ORGANIZATION AND BASE
048 TACTICAL C-E 143,757 143,757
EQUIPMENT.
050 RADIO EQUIPMENT...... 15,402 15,402
051 CCTV/AUDIOVISUAL 3,211 3,211
EQUIPMENT.
052 BASE COMM 43,123 43,123
INFRASTRUCTURE.
MODIFICATIONS
053 COMM ELECT MODS...... 14,500 14,500
PERSONAL SAFETY &
RESCUE EQUIP
054 PERSONAL SAFETY AND 50,634 50,634
RESCUE EQUIPMENT.
DEPOT PLANT+MTRLS
HANDLING EQ
055 POWER CONDITIONING 11,000 11,000
EQUIPMENT.
056 MECHANIZED MATERIAL 11,901 11,901
HANDLING EQUIP.
BASE SUPPORT
EQUIPMENT
057 BASE PROCURED 23,963 23,963
EQUIPMENT.
058 ENGINEERING AND EOD 34,124 34,124
EQUIPMENT.
059 MOBILITY EQUIPMENT... 26,439 26,439
060 FUELS SUPPORT 24,255 24,255
EQUIPMENT (FSE).
061 BASE MAINTENANCE AND 38,986 38,986
SUPPORT EQUIPMENT.
SPECIAL SUPPORT
PROJECTS
063 DARP RC135........... 26,716 26,716
064 DCGS-AF.............. 116,055 116,055
066 SPECIAL UPDATE 835,148 835,148
PROGRAM.
CLASSIFIED PROGRAMS
066A CLASSIFIED PROGRAMS.. 18,292,807 18,292,807
SPARES AND REPAIR
PARTS
067 SPARES AND REPAIR 81,340 81,340
PARTS.
TOTAL OTHER 21,342,857 21,303,034
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, OSD
022 MAJOR EQUIPMENT, DPAA 1,504 1,504
045 MAJOR EQUIPMENT, OSD. 43,705 43,705
MAJOR EQUIPMENT, NSA
044 INFORMATION SYSTEMS 1,533 133
SECURITY PROGRAM
(ISSP).
Realignment to [-1,400]
DISA for
Sharkseer.
MAJOR EQUIPMENT, WHS
049 MAJOR EQUIPMENT, WHS. 507 507
MAJOR EQUIPMENT, DISA
008 INFORMATION SYSTEMS 3,318 4,718
SECURITY.
Realignment for [1,400]
Sharkseer.
009 TELEPORT PROGRAM..... 25,103 25,103
010 ITEMS LESS THAN $5 26,416 26,416
MILLION.
012 DEFENSE INFORMATION 17,574 17,574
SYSTEM NETWORK.
014 WHITE HOUSE 45,079 45,079
COMMUNICATION AGENCY.
015 SENIOR LEADERSHIP 78,669 78,669
ENTERPRISE.
016 JOINT REGIONAL 88,000 88,000
SECURITY STACKS
(JRSS).
017 JOINT SERVICE 107,907 107,907
PROVIDER.
MAJOR EQUIPMENT, DLA
019 MAJOR EQUIPMENT...... 8,122 8,122
MAJOR EQUIPMENT, DSS
023 MAJOR EQUIPMENT...... 496 496
MAJOR EQUIPMENT, TJS
046 MAJOR EQUIPMENT, TJS. 6,905 6,905
047 MAJOR EQUIPMENT--TJS 1,458 1,458
CYBER.
MAJOR EQUIPMENT,
MISSILE DEFENSE
AGENCY
028 THAAD................ 425,863 388,543
Unit cost savings [-37,320]
029 GROUND BASED 9,471 9,471
MIDCOURSE.
031 AEGIS BMD............ 600,773 565,374
SM-3 Block IB [-35,399]
multiyear unit
cost savings.
032 AEGIS BMD............ 96,995 96,995
033 BMDS AN/TPY-2 RADARS. 10,046 10,046
034 ARROW 3 UPPER TIER 55,000 55,000
SYSTEMS.
035 SHORT RANGE BALLISTIC 50,000 50,000
MISSILE DEFENSE
(SRBMD).
036 AEGIS ASHORE PHASE 25,659 25,659
III.
037 IRON DOME............ 95,000 95,000
038 AEGIS BMD HARDWARE 124,986 124,986
AND SOFTWARE.
MAJOR EQUIPMENT, DHRA
003 PERSONNEL 5,030 5,030
ADMINISTRATION.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
025 VEHICLES............. 211 211
026 OTHER MAJOR EQUIPMENT 11,521 11,521
MAJOR EQUIPMENT,
DODEA
021 AUTOMATION/ 1,320 1,320
EDUCATIONAL SUPPORT
& LOGISTICS.
MAJOR EQUIPMENT, DCMA
002 MAJOR EQUIPMENT...... 2,432 2,432
MAJOR EQUIPMENT,
DMACT
020 MAJOR EQUIPMENT...... 10,961 10,961
CLASSIFIED PROGRAMS
049A CLASSIFIED PROGRAMS.. 589,366 589,366
AVIATION PROGRAMS
053 ROTARY WING UPGRADES 172,020 172,020
AND SUSTAINMENT.
054 UNMANNED ISR......... 15,208 15,208
055 NON-STANDARD AVIATION 32,310 32,310
056 U-28................. 10,898 10,898
057 MH-47 CHINOOK........ 173,812 173,812
058 CV-22 MODIFICATION... 17,256 17,256
059 MQ-9 UNMANNED AERIAL 5,338 5,338
VEHICLE.
060 PRECISION STRIKE 232,930 232,930
PACKAGE.
061 AC/MC-130J........... 173,419 165,019
RFCM realignment [-8,400]
to RDAF FVL.
062 C-130 MODIFICATIONS.. 15,582 15,582
SHIPBUILDING
063 UNDERWATER SYSTEMS... 58,991 58,991
AMMUNITION PROGRAMS
064 ORDNANCE ITEMS <$5M.. 279,992 279,992
OTHER PROCUREMENT
PROGRAMS
065 INTELLIGENCE SYSTEMS. 100,641 100,641
066 DISTRIBUTED COMMON 12,522 12,522
GROUND/SURFACE
SYSTEMS.
067 OTHER ITEMS <$5M..... 103,910 103,910
068 COMBATANT CRAFT 33,088 33,088
SYSTEMS.
069 SPECIAL PROGRAMS..... 63,467 63,467
070 TACTICAL VEHICLES.... 77,832 77,832
071 WARRIOR SYSTEMS <$5M. 298,480 298,480
072 COMBAT MISSION 19,702 19,702
REQUIREMENTS.
073 GLOBAL VIDEO 4,787 4,787
SURVEILLANCE
ACTIVITIES.
074 OPERATIONAL 8,175 8,175
ENHANCEMENTS
INTELLIGENCE.
075 OPERATIONAL 282,532 282,532
ENHANCEMENTS.
CBDP
076 CHEMICAL BIOLOGICAL 162,406 162,406
SITUATIONAL
AWARENESS.
077 CB PROTECTION & 188,188 183,618
HAZARD MITIGATION.
Unjustified [-4,570]
growth.
TOTAL 5,114,416 5,028,727
PROCUREMENT,
DEFENSE-WIDE.
JOINT URGENT
OPERATIONAL NEEDS
FUND
JOINT URGENT
OPERATIONAL NEEDS
FUND
001 JOINT URGENT 99,200 0
OPERATIONAL NEEDS
FUND.
Program decrease. [-99,200]
TOTAL JOINT 99,200 0
URGENT
OPERATIONAL
NEEDS FUND.
TOTAL 132,343,701 133,100,265
PROCUREMENT.
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
003 MQ-1 UAV............. 54,000 54,000
ROTARY
015 CH-47 HELICOPTER..... 25,000 25,000
MODIFICATION OF
AIRCRAFT
021 MULTI SENSOR ABN 80,260 80,260
RECON (MIP).
024 GRCS SEMA MODS (MIP). 750 750
026 EMARSS SEMA MODS 22,180 22,180
(MIP).
027 UTILITY/CARGO 8,362 8,362
AIRPLANE MODS.
029 NETWORK AND MISSION 10 10
PLAN.
031 DEGRADED VISUAL 49,450 49,450
ENVIRONMENT.
GROUND SUPPORT
AVIONICS
037 CMWS................. 130,219 130,219
038 COMMON INFRARED 9,310 9,310
COUNTERMEASURES
(CIRCM).
OTHER SUPPORT
045 LAUNCHER GUIDED 2,000 2,000
MISSILE: LONGBOW
HELLFIRE XM2.
TOTAL AIRCRAFT 381,541 381,541
PROCUREMENT, ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
002 M-SHORAD--PROCUREMENT 158,300 158,300
003 MSE MISSILE.......... 37,938 37,938
AIR-TO-SURFACE
MISSILE SYSTEM
006 HELLFIRE SYS SUMMARY. 236,265 236,265
ANTI-TANK/ASSAULT
MISSILE SYS
008 JAVELIN (AAWS-M) 4,389 4,389
SYSTEM SUMMARY.
011 GUIDED MLRS ROCKET 431,596 431,596
(GMLRS).
014 ARMY TACTICAL MSL SYS 130,770 130,770
(ATACMS)--SYS SUM.
015 LETHAL MINIATURE 83,300 83,300
AERIAL MISSILE
SYSTEM (LMAMS.
MODIFICATIONS
019 STINGER MODS......... 7,500 7,500
022 MLRS MODS............ 348,000 336,500
Excess to need... [-11,500]
TOTAL MISSILE 1,438,058 1,426,558
PROCUREMENT, ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT
VEHICLES
002 ARMORED MULTI PURPOSE 221,638 221,638
VEHICLE (AMPV).
MODIFICATION OF
TRACKED COMBAT
VEHICLES
003 STRYKER (MOD)........ 4,100 4,100
008 IMPROVED RECOVERY 80,146 80,146
VEHICLE (M88A2
HERCULES).
013 M1 ABRAMS TANK (MOD). 13,100 13,100
WEAPONS & OTHER
COMBAT VEHICLES
015 M240 MEDIUM MACHINE 900 900
GUN (7.62MM).
016 MULTI-ROLE ANTI-ARMOR 2,400 2,400
ANTI-PERSONNEL
WEAPONS.
019 MORTAR SYSTEMS....... 18,941 18,941
020 XM320 GRENADE 526 526
LAUNCHER MODULE
(GLM).
023 CARBINE.............. 1,183 1,183
025 COMMON REMOTELY 4,182 4,182
OPERATED WEAPONS
STATION.
026 HANDGUN.............. 248 248
MOD OF WEAPONS AND
OTHER COMBAT VEH
031 M2 50 CAL MACHINE GUN 6,090 6,090
MODS.
TOTAL PROCUREMENT OF 353,454 353,454
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 567 567
TYPES.
002 CTG, 7.62MM, ALL 40 40
TYPES.
003 CTG, HANDGUN, ALL 17 17
TYPES.
004 CTG, .50 CAL, ALL 189 189
TYPES.
007 CTG, 30MM, ALL TYPES. 24,900 24,900
ARTILLERY AMMUNITION
015 PROJ 155MM EXTENDED 36,052 36,052
RANGE M982.
016 ARTILLERY 7,271 7,271
PROPELLANTS, FUZES
AND PRIMERS, ALL.
ROCKETS
018 SHOULDER LAUNCHED 176 176
MUNITIONS, ALL TYPES.
019 ROCKET, HYDRA 70, ALL 79,459 79,459
TYPES.
MISCELLANEOUS
027 ITEMS LESS THAN $5 11 11
MILLION (AMMO).
TOTAL PROCUREMENT OF 148,682 148,682
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
010 FAMILY OF HEAVY 26,917 26,917
TACTICAL VEHICLES
(FHTV).
011 PLS ESP.............. 16,941 16,941
012 HVY EXPANDED MOBILE 62,734 62,734
TACTICAL TRUCK EXT
SERV.
014 TACTICAL WHEELED 50,000 50,000
VEHICLE PROTECTION
KITS.
015 MODIFICATION OF IN 28,000 28,000
SVC EQUIP.
COMM--JOINT
COMMUNICATIONS
022 TACTICAL NETWORK 40,000 40,000
TECHNOLOGY MOD IN
SVC.
COMM--SATELLITE
COMMUNICATIONS
029 TRANSPORTABLE 6,930 6,930
TACTICAL COMMAND
COMMUNICATIONS.
031 ASSURED POSITIONING, 11,778 11,778
NAVIGATION AND
TIMING.
032 SMART-T (SPACE)...... 825 825
COMM--COMBAT
COMMUNICATIONS
040 RADIO TERMINAL SET, 350 350
MIDS LVT(2).
047 COTS COMMUNICATIONS 20,400 20,400
EQUIPMENT.
048 FAMILY OF MED COMM 1,231 1,231
FOR COMBAT CASUALTY
CARE.
COMM--INTELLIGENCE
COMM
051 CI AUTOMATION 6,200 6,200
ARCHITECTURE (MIP).
COMM--LONG HAUL
COMMUNICATIONS
059 BASE SUPPORT 20,482 20,482
COMMUNICATIONS.
COMM--BASE
COMMUNICATIONS
060 INFORMATION SYSTEMS.. 55,800 55,800
063 INSTALLATION INFO 75,820 75,820
INFRASTRUCTURE MOD
PROGRAM.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
068 DCGS-A (MIP)......... 38,613 38,613
070 TROJAN (MIP)......... 1,337 1,337
071 MOD OF IN-SVC EQUIP 2,051 2,051
(INTEL SPT) (MIP).
075 BIOMETRIC TACTICAL 1,800 1,800
COLLECTION DEVICES
(MIP).
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
082 FAMILY OF PERSISTENT 71,493 31,493
SURVEILLANCE CAP.
(MIP).
Unjustified [-40,000]
growth.
083 COUNTERINTELLIGENCE/ 6,917 6,917
SECURITY
COUNTERMEASURES.
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
085 SENTINEL MODS........ 20,000 20,000
086 NIGHT VISION DEVICES. 3,676 3,676
094 JOINT BATTLE COMMAND-- 25,568 25,568
PLATFORM (JBC-P).
097 COMPUTER BALLISTICS: 570 570
LHMBC XM32.
098 MORTAR FIRE CONTROL 15,975 15,975
SYSTEM.
ELECT EQUIP--TACTICAL
C2 SYSTEMS
103 AIR & MSL DEFENSE 14,331 14,331
PLANNING & CONTROL
SYS.
ELECT EQUIP--
AUTOMATION
112 ARMY TRAINING 6,014 6,014
MODERNIZATION.
113 AUTOMATED DATA 32,700 32,700
PROCESSING EQUIP.
CHEMICAL DEFENSIVE
EQUIPMENT
124 FAMILY OF NON-LETHAL 25,480 25,480
EQUIPMENT (FNLE).
125 BASE DEFENSE SYSTEMS 47,110 39,984
(BDS).
Unjustified [-7,126]
growth.
126 CBRN DEFENSE......... 18,711 17,461
Unit cost [-1,250]
discrepancies.
BRIDGING EQUIPMENT
128 TACTICAL BRIDGING.... 4,884 4,884
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
133 GRND STANDOFF MINE 4,500 3,655
DETECTN SYSM
(GSTAMIDS).
Program reduction [-845]
135 HUSKY MOUNTED 34,253 28,071
DETECTION SYSTEM
(HMDS).
Program reduction [-6,182]
136 ROBOTIC COMBAT 3,300 3,300
SUPPORT SYSTEM
(RCSS).
140 RENDER SAFE SETS KITS 84,000 84,000
OUTFITS.
COMBAT SERVICE
SUPPORT EQUIPMENT
143 HEATERS AND ECU'S.... 8 8
145 PERSONNEL RECOVERY 5,101 5,101
SUPPORT SYSTEM
(PRSS).
146 GROUND SOLDIER SYSTEM 1,760 1,760
148 FORCE PROVIDER....... 56,400 56,400
150 CARGO AERIAL DEL & 2,040 2,040
PERSONNEL PARACHUTE
SYSTEM.
PETROLEUM EQUIPMENT
154 DISTRIBUTION SYSTEMS, 13,986 13,986
PETROLEUM & WATER.
MEDICAL EQUIPMENT
155 COMBAT SUPPORT 2,735 2,735
MEDICAL.
CONSTRUCTION
EQUIPMENT
159 SCRAPERS, EARTHMOVING 4,669 4,669
160 LOADERS.............. 380 380
162 TRACTOR, FULL TRACKED 8,225 8,225
164 HIGH MOBILITY 3,000 3,000
ENGINEER EXCAVATOR
(HMEE).
166 CONST EQUIP ESP...... 3,870 3,870
167 ITEMS LESS THAN $5.0M 350 350
(CONST EQUIP).
GENERATORS
171 GENERATORS AND 2,436 2,436
ASSOCIATED EQUIP.
MATERIAL HANDLING
EQUIPMENT
173 FAMILY OF FORKLIFTS.. 5,152 5,152
TRAINING EQUIPMENT
175 TRAINING DEVICES, 2,106 2,106
NONSYSTEM.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
181 INTEGRATED FAMILY OF 1,395 1,395
TEST EQUIPMENT
(IFTE).
OTHER SUPPORT
EQUIPMENT
184 RAPID EQUIPPING 24,122 24,122
SOLDIER SUPPORT
EQUIPMENT.
185 PHYSICAL SECURITY 10,016 10,016
SYSTEMS (OPA3).
187 MODIFICATION OF IN- 33,354 33,354
SVC EQUIPMENT (OPA-
3).
189 BUILDING, PRE-FAB, 62,654 62,654
RELOCATABLE.
TOTAL OTHER 1,131,450 1,076,047
PROCUREMENT, ARMY.
AIRCRAFT PROCUREMENT,
NAVY
OTHER AIRCRAFT
026 STUASL0 UAV.......... 7,921 7,921
027 MQ-9A REAPER......... 77,000 77,000
MODIFICATION OF
AIRCRAFT
036 EP-3 SERIES.......... 5,488 5,488
046 SPECIAL PROJECT 3,498 3,498
AIRCRAFT.
051 COMMON ECM EQUIPMENT. 3,406 3,406
053 COMMON DEFENSIVE 3,274 3,274
WEAPON SYSTEM.
062 QRC.................. 18,458 18,458
TOTAL AIRCRAFT 119,045 119,045
PROCUREMENT, NAVY.
WEAPONS PROCUREMENT,
NAVY
TACTICAL MISSILES
011 JOINT AIR GROUND 90,966 90,966
MISSILE (JAGM).
015 AERIAL TARGETS....... 6,500 6,500
TOTAL WEAPONS 97,466 97,466
PROCUREMENT, NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 26,978 26,978
002 JDAM................. 12,263 12,263
003 AIRBORNE ROCKETS, ALL 45,020 45,020
TYPES.
004 MACHINE GUN 33,577 33,577
AMMUNITION.
005 PRACTICE BOMBS....... 11,903 11,903
006 CARTRIDGES & CART 15,081 15,081
ACTUATED DEVICES.
007 AIR EXPENDABLE 16,911 16,911
COUNTERMEASURES.
011 OTHER SHIP GUN 3,262 3,262
AMMUNITION.
012 SMALL ARMS & LANDING 1,010 1,010
PARTY AMMO.
013 PYROTECHNIC AND 537 537
DEMOLITION.
MARINE CORPS
AMMUNITION
016 MORTARS.............. 1,930 1,930
017 DIRECT SUPPORT 1,172 1,172
MUNITIONS.
018 INFANTRY WEAPONS 2,158 2,158
AMMUNITION.
019 COMBAT SUPPORT 965 965
MUNITIONS.
021 ARTILLERY MUNITIONS.. 32,047 32,047
TOTAL PROCUREMENT OF 204,814 204,814
AMMO, NAVY & MC.
OTHER PROCUREMENT,
NAVY
OTHER SHIPBOARD
EQUIPMENT
020 UNDERWATER EOD 5,800 5,800
PROGRAMS.
ASW ELECTRONIC
EQUIPMENT
042 FIXED SURVEILLANCE 310,503 310,503
SYSTEM.
SONOBUOYS
085 SONOBUOYS--ALL TYPES. 2,910 2,910
AIRCRAFT SUPPORT
EQUIPMENT
088 AIRCRAFT SUPPORT 13,420 13,420
EQUIPMENT.
094 AVIATION SUPPORT 500 500
EQUIPMENT.
OTHER ORDNANCE
SUPPORT EQUIPMENT
103 EXPLOSIVE ORDNANCE 15,307 15,307
DISPOSAL EQUIP.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
108 PASSENGER CARRYING 173 173
VEHICLES.
109 GENERAL PURPOSE 408 408
TRUCKS.
111 FIRE FIGHTING 785 785
EQUIPMENT.
SUPPLY SUPPORT
EQUIPMENT
117 SUPPLY EQUIPMENT..... 100 100
118 FIRST DESTINATION 510 510
TRANSPORTATION.
COMMAND SUPPORT
EQUIPMENT
122 COMMAND SUPPORT 2,800 2,800
EQUIPMENT.
123 MEDICAL SUPPORT 1,794 1,794
EQUIPMENT.
126 OPERATING FORCES 1,090 1,090
SUPPORT EQUIPMENT.
128 ENVIRONMENTAL SUPPORT 200 200
EQUIPMENT.
129 PHYSICAL SECURITY 1,300 1,300
EQUIPMENT.
TOTAL OTHER 357,600 357,600
PROCUREMENT, NAVY.
PROCUREMENT, MARINE
CORPS
GUIDED MISSILES
012 GUIDED MLRS ROCKET 16,919 16,919
(GMLRS).
ENGINEER AND OTHER
EQUIPMENT
045 EOD SYSTEMS.......... 3,670 3,670
TOTAL PROCUREMENT, 20,589 20,589
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
OTHER AIRCRAFT
017 MQ-9................. 172,240 172,240
018 RQ-20B PUMA.......... 12,150 12,150
STRATEGIC AIRCRAFT
022 LARGE AIRCRAFT 53,335 53,335
INFRARED
COUNTERMEASURES.
OTHER AIRCRAFT
067 MQ-9 UAS PAYLOADS.... 19,800 19,800
AIRCRAFT SPARES AND
REPAIR PARTS
069 INITIAL SPARES/REPAIR 44,560 44,560
PARTS.
COMMON SUPPORT
EQUIPMENT
072 AIRCRAFT REPLACEMENT 7,025 7,025
SUPPORT EQUIP.
TOTAL AIRCRAFT 309,110 309,110
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
TACTICAL
004 JOINT AIR-SURFACE 20,900 20,900
STANDOFF MISSILE.
008 PREDATOR HELLFIRE 180,771 180,771
MISSILE.
TOTAL MISSILE 201,671 201,671
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 84,960 84,960
CARTRIDGES
002 CARTRIDGES........... 52,642 52,642
BOMBS
004 GENERAL PURPOSE BOMBS 545,309 545,309
FLARES
015 FLARES............... 93,272 93,272
FUZES
016 FUZES................ 157,155 157,155
SMALL ARMS
017 SMALL ARMS........... 6,095 6,095
TOTAL PROCUREMENT OF 939,433 939,433
AMMUNITION, AIR
FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 1,276 1,276
VEHICLES.
CARGO AND UTILITY
VEHICLES
004 CARGO AND UTILITY 9,702 9,702
VEHICLES.
SPECIAL PURPOSE
VEHICLES
005 JOINT LIGHT TACTICAL 40,999 40,999
VEHICLE.
007 SPECIAL PURPOSE 52,502 52,502
VEHICLES.
FIRE FIGHTING
EQUIPMENT
008 FIRE FIGHTING/CRASH 16,652 16,652
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
009 MATERIALS HANDLING 2,944 2,944
VEHICLES.
BASE MAINTENANCE
SUPPORT
010 RUNWAY SNOW REMOV AND 3,753 3,753
CLEANING EQU.
011 BASE MAINTENANCE 11,837 11,837
SUPPORT VEHICLES.
SPCL COMM-ELECTRONICS
PROJECTS
027 GENERAL INFORMATION 5,000 5,000
TECHNOLOGY.
031 AIR FORCE PHYSICAL 106,919 106,919
SECURITY SYSTEM.
ORGANIZATION AND BASE
048 TACTICAL C-E 306 306
EQUIPMENT.
052 BASE COMM 4,300 4,300
INFRASTRUCTURE.
PERSONAL SAFETY &
RESCUE EQUIP
054 PERSONAL SAFETY AND 22,200 22,200
RESCUE EQUIPMENT.
BASE SUPPORT
EQUIPMENT
059 MOBILITY EQUIPMENT... 26,535 26,535
060 FUELS SUPPORT 4,040 4,040
EQUIPMENT (FSE).
061 BASE MAINTENANCE AND 20,067 20,067
SUPPORT EQUIPMENT.
CLASSIFIED PROGRAMS
066A CLASSIFIED PROGRAMS.. 3,209,066 3,209,066
TOTAL OTHER 3,538,098 3,538,098
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, DISA
009 TELEPORT PROGRAM..... 3,800 3,800
012 DEFENSE INFORMATION 12,000 12,000
SYSTEM NETWORK.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
027 COUNTER IED & 4,590 4,590
IMPROVISED THREAT
TECHNOLOGIES.
CLASSIFIED PROGRAMS
049A CLASSIFIED PROGRAMS.. 51,380 46,380
Program decrease. [-5,000]
AVIATION PROGRAMS
050 MANNED ISR........... 5,000 5,000
051 MC-12................ 5,000 5,000
052 MH-60 BLACKHAWK...... 28,100 28,100
054 UNMANNED ISR......... 8,207 8,207
056 U-28................. 31,500 31,500
057 MH-47 CHINOOK........ 37,500 37,500
059 MQ-9 UNMANNED AERIAL 1,900 1,900
VEHICLE.
AMMUNITION PROGRAMS
064 ORDNANCE ITEMS <$5M.. 138,252 138,252
OTHER PROCUREMENT
PROGRAMS
065 INTELLIGENCE SYSTEMS. 16,500 16,500
067 OTHER ITEMS <$5M..... 28 28
070 TACTICAL VEHICLES.... 2,990 2,990
071 WARRIOR SYSTEMS <$5M. 37,512 37,512
072 COMBAT MISSION 10,000 10,000
REQUIREMENTS.
074 OPERATIONAL 7,594 7,594
ENHANCEMENTS
INTELLIGENCE.
075 OPERATIONAL 45,194 45,194
ENHANCEMENTS.
TOTAL PROCUREMENT, 447,047 442,047
DEFENSE-WIDE.
NATIONAL GUARD AND
RESERVE EQUIPMENT
UNDISTRIBUTED
007 UNDISTRIBUTED........ 265,000
Program increase. [265,000]
TOTAL NATIONAL GUARD 265,000
AND RESERVE
EQUIPMENT.
TOTAL PROCUREMENT.... 9,688,058 9,881,155
------------------------------------------------------------------------
SEC. 4103. PROCUREMENT FOR EMERGENCY REQUIREMENTS.
------------------------------------------------------------------------
SEC. 4103. PROCUREMENT FOR EMERGENCY REQUIREMENTS (In Thousands of
Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OTHER PROCUREMENT,
NAVY
COMMAND SUPPORT
EQUIPMENT
122 COMMAND SUPPORT 0 233,000
EQUIPMENT.
Earthquake damage [233,000]
recovery.
TOTAL PROCUREMENT, 233,000
NAVY.
AIRCRAFT PROCUREMENT,
AIR FORCE
TACTICAL FORCES
OTHER AIRCRAFT
055 RC-135............... 0 204,448
Equipment [204,448]
replacement.
COMMON SUPPORT
EQUIPMENT
072 AIRCRAFT REPLACEMENT 46,000
SUPPORT EQUIP.
Equipment [46,000]
replacement.
TOTAL AIRCRAFT 0 250,448
PROCUREMENT, AIR
FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 0 994
VEHICLES.
Equipment [994]
replacement.
CARGO AND UTILITY
VEHICLES
004 CARGO AND UTILITY 0 126
VEHICLES.
Equipment [126]
replacement.
SPECIAL PURPOSE
VEHICLES
007 SPECIAL PURPOSE 0 306
VEHICLES.
Equipment [306]
replacement.
FIRE FIGHTING
EQUIPMENT
009 MATERIALS HANDLING 0 276
VEHICLES.
Equipment [994]
replacement.
BASE MAINTENANCE
SUPPORT
011 BASE MAINTENANCE 0 2,400
SUPPORT VEHICLES.
Equipment [994]
replacement.
BASE SUPPORT
EQUIPMENT
057 BASE PROCURED 0 49,434
EQUIPMENT.
Equipment [49,434]
replacement.
SPECIAL SUPPORT
PROJECTS
063 DARP RC135........... 0 29,438
Equipment [29,438]
replacement.
TOTAL OTHER 0 82,974
PROCUREMENT, AIR
FORCE.
TOTAL PROCUREMENT.... 0 566,422
------------------------------------------------------------------------
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas
contingency operations.
Sec. 4203. Research, development, test, and evaluation for emergency
requirements.
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
----------------------------------------------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2020 Conference
Line Program Element Item Request Authorized
----------------------------------------------------------------------------------------------------------------
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, ARMY
.................................. BASIC RESEARCH
002 0601102A DEFENSE RESEARCH SCIENCES......... 297,976 307,976
.................................. Counter UAS University [5,000]
Research.
.................................. Cyber basic research.......... [5,000]
003 0601103A UNIVERSITY RESEARCH INITIATIVES... 65,858 75,858
.................................. Program increase.............. [10,000]
004 0601104A UNIVERSITY AND INDUSTRY RESEARCH 86,164 95,164
CENTERS.
.................................. Program increase--artificial [5,000]
intelligence.
.................................. University and industry [4,000]
biotechnology research.
005 0601121A CYBER COLLABORATIVE RESEARCH 4,982 4,982
ALLIANCE.
.................................. SUBTOTAL BASIC RESEARCH........ 454,980 483,980
..................................
.................................. APPLIED RESEARCH
010 0602141A LETHALITY TECHNOLOGY.............. 26,961 31,961
.................................. Program increase--next [5,000]
generation air-breathing
propulsion technology.
011 0602142A ARMY APPLIED RESEARCH............. 25,319 25,319
012 0602143A SOLDIER LETHALITY TECHNOLOGY...... 115,274 128,274
.................................. Expeditionary mobile base camp [5,000]
technology.
.................................. HEROES program................ [5,000]
.................................. UPL MDTF for INDOPACOM........ [3,000]
013 0602144A GROUND TECHNOLOGY................. 35,199 54,199
.................................. Advanced materials [2,000]
manufacturing process.
.................................. Biopolymer structural [2,000]
materials.
.................................. Cellulose structural materials [5,000]
.................................. High performance polymers [5,000]
research.
.................................. Manufacturing research [5,000]
technology.
014 0602145A NEXT GENERATION COMBAT VEHICLE 219,047 225,047
TECHNOLOGY.
.................................. Structural thermoplastics..... [6,000]
015 0602146A NETWORK C3I TECHNOLOGY............ 114,516 117,016
.................................. Next generation SAR small sat. [2,500]
016 0602147A LONG RANGE PRECISION FIRES 74,327 86,327
TECHNOLOGY.
.................................. Composite tube and propulsion [10,000]
technology.
.................................. Novel printed armament [2,000]
components.
017 0602148A FUTURE VERTICLE LIFT TECHNOLOGY... 93,601 96,601
.................................. Program increase.............. [3,000]
018 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY 50,771 50,771
020 0602213A C3I APPLIED CYBER................. 18,947 18,947
038 0602785A MANPOWER/PERSONNEL/TRAINING 20,873 20,873
TECHNOLOGY.
040 0602787A MEDICAL TECHNOLOGY................ 99,155 108,955
.................................. Female warfighter performance [2,000]
research.
.................................. Musculoskeletal injury risk [4,800]
mitigation.
.................................. Program increase.............. [3,000]
.................................. SUBTOTAL APPLIED RESEARCH...... 893,990 964,290
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
042 0603002A MEDICAL ADVANCED TECHNOLOGY....... 42,030 42,030
047 0603007A MANPOWER, PERSONNEL AND TRAINING 11,038 11,038
ADVANCED TECHNOLOGY.
050 0603117A ARMY ADVANCED TECHNOLOGY 63,338 63,338
DEVELOPMENT.
051 0603118A SOLDIER LETHALITY ADVANCED 118,468 128,468
TECHNOLOGY.
.................................. Improvement of combat helmet [5,000]
suspension systems.
.................................. Thermal mitigation [5,000]
technologies.
052 0603119A GROUND ADVANCED TECHNOLOGY........ 12,593 35,593
.................................. 100 hour battery.............. [10,000]
.................................. Ground advanced technology for [5,000]
cold regions.
.................................. Lightweight protective and [3,000]
hardening materials.
.................................. Robotic construction research. [5,000]
059 0603457A C3I CYBER ADVANCED DEVELOPMENT.... 13,769 13,769
060 0603461A HIGH PERFORMANCE COMPUTING 184,755 224,755
MODERNIZATION PROGRAM.
.................................. Program increase.............. [40,000]
061 0603462A NEXT GENERATION COMBAT VEHICLE 160,035 174,035
ADVANCED TECHNOLOGY.
.................................. Ground vehicle sustainment [4,000]
research.
.................................. Program increase--hydrogen [10,000]
fuel cells.
062 0603463A NETWORK C3I ADVANCED TECHNOLOGY... 106,899 103,899
.................................. Underexecution................ [-3,000]
063 0603464A LONG RANGE PRECISION FIRES 174,386 183,386
ADVANCED TECHNOLOGY.
.................................. Hypersonics research.......... [4,000]
.................................. Program increase missile [5,000]
demonstrations.
064 0603465A FUTURE VERTICAL LIFT ADVANCED 151,640 151,640
TECHNOLOGY.
065 0603466A AIR AND MISSILE DEFENSE ADVANCED 60,613 60,613
TECHNOLOGY.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 1,099,564 1,192,564
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
073 0603305A ARMY MISSLE DEFENSE SYSTEMS 10,987 18,987
INTEGRATION.
.................................. Conventional mission [8,000]
capabilities.
074 0603327A AIR AND MISSILE DEFENSE SYSTEMS 15,148 15,148
ENGINEERING.
075 0603619A LANDMINE WARFARE AND BARRIER--ADV 92,915 92,915
DEV.
077 0603639A TANK AND MEDIUM CALIBER AMMUNITION 82,146 82,146
078 0603645A ARMORED SYSTEM MODERNIZATION--ADV 157,656 157,656
DEV.
079 0603747A SOLDIER SUPPORT AND SURVIVABILITY. 6,514 6,514
080 0603766A TACTICAL ELECTRONIC SURVEILLANCE 34,890 34,890
SYSTEM--ADV DEV.
081 0603774A NIGHT VISION SYSTEMS ADVANCED 251,011 222,791
DEVELOPMENT.
.................................. IVAS insufficient [-28,220]
justification.
082 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY-- 15,132 15,132
DEM/VAL.
083 0603790A NATO RESEARCH AND DEVELOPMENT..... 5,406 5,406
084 0603801A AVIATION--ADV DEV................. 459,290 534,890
.................................. Program increase: Future long- [75,600]
range assault aircraft.
085 0603804A LOGISTICS AND ENGINEER EQUIPMENT-- 6,254 6,254
ADV DEV.
086 0603807A MEDICAL SYSTEMS--ADV DEV.......... 31,175 31,175
087 0603827A SOLDIER SYSTEMS--ADVANCED 22,113 22,113
DEVELOPMENT.
088 0604017A ROBOTICS DEVELOPMENT.............. 115,222 88,222
.................................. Early to need................. [-27,000]
090 0604021A ELECTRONIC WARFARE TECHNOLOGY 18,043 18,043
MATURATION (MIP).
091 0604100A ANALYSIS OF ALTERNATIVES.......... 10,023 10,023
092 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT 40,745 35,745
SYSTEM (FTUAS).
.................................. Program adjustment............ [-5,000]
093 0604114A LOWER TIER AIR MISSILE DEFENSE 427,772 379,772
(LTAMD) SENSOR.
.................................. Rapid prototyping excess [-48,000]
funding.
094 0604115A TECHNOLOGY MATURATION INITIATIVES. 196,676 161,676
.................................. Insufficient schedule detail.. [-35,000]
095 0604117A MANEUVER--SHORT RANGE AIR DEFENSE 33,100 29,400
(M-SHORAD).
.................................. Excess testing cost........... [-3,700]
097 0604119A ARMY ADVANCED COMPONENT 115,116 103,331
DEVELOPMENT & PROTOTYPING.
.................................. Early to need................. [-11,785]
099 0604121A SYNTHETIC TRAINING ENVIRONMENT 136,761 111,761
REFINEMENT & PROTOTYPING.
.................................. Early to need (IVAS).......... [-25,000]
100 0604182A HYPERSONICS....................... 228,000 389,610
.................................. Transfer from RDTE Defense- [31,000]
Wide, line 124.
.................................. UPL accelerate Hypersonic [130,610]
Weapons System.
102 0604403A FUTURE INTERCEPTOR................ 8,000 0
.................................. Early to need................. [-8,000]
103 0604541A UNIFIED NETWORK TRANSPORT......... 39,600 29,700
.................................. Early to need................. [-9,900]
104 0604644A MOBILE MEDIUM RANGE MISSILE....... 20,000 10,000
.................................. Program decrease.............. [-10,000]
106 0305251A CYBERSPACE OPERATIONS FORCES AND 52,102 52,102
FORCE SUPPORT.
107 1206120A ASSURED POSITIONING, NAVIGATION 192,562 150,062
AND TIMING (PNT).
.................................. Project cancellation.......... [-42,500]
108 1206308A ARMY SPACE SYSTEMS INTEGRATION.... 104,996 104,996
.................................. SUBTOTAL ADVANCED COMPONENT 2,929,355 2,920,460
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
109 0604201A AIRCRAFT AVIONICS................. 29,164 29,164
110 0604270A ELECTRONIC WARFARE DEVELOPMENT.... 70,539 70,539
113 0604601A INFANTRY SUPPORT WEAPONS.......... 106,121 106,121
114 0604604A MEDIUM TACTICAL VEHICLES.......... 2,152 2,152
115 0604611A JAVELIN........................... 17,897 16,055
.................................. Qualification testing early to [-1,842]
need.
116 0604622A FAMILY OF HEAVY TACTICAL VEHICLES. 16,745 16,745
117 0604633A AIR TRAFFIC CONTROL............... 6,989 6,989
118 0604642A LIGHT TACTICAL WHEELED VEHICLES... 10,465 2,965
.................................. Program reduction............. [-7,500]
119 0604645A ARMORED SYSTEMS MODERNIZATION 310,152 293,964
(ASM)--ENG DEV.
.................................. Program delay................. [-16,188]
120 0604710A NIGHT VISION SYSTEMS--ENG DEV..... 181,732 166,732
.................................. Insufficient justification [-15,000]
(IVAS).
121 0604713A COMBAT FEEDING, CLOTHING, AND 2,393 2,393
EQUIPMENT.
122 0604715A NON-SYSTEM TRAINING DEVICES--ENG 27,412 27,412
DEV.
123 0604741A AIR DEFENSE COMMAND, CONTROL AND 43,502 43,502
INTELLIGENCE--ENG DEV.
124 0604742A CONSTRUCTIVE SIMULATION SYSTEMS 11,636 11,636
DEVELOPMENT.
125 0604746A AUTOMATIC TEST EQUIPMENT 10,915 10,915
DEVELOPMENT.
126 0604760A DISTRIBUTIVE INTERACTIVE 7,801 7,801
SIMULATIONS (DIS)--ENG DEV.
127 0604768A BRILLIANT ANTI-ARMOR SUBMUNITION 25,000 20,000
(BAT).
.................................. PFAL excess................... [-5,000]
128 0604780A COMBINED ARMS TACTICAL TRAINER 9,241 9,241
(CATT) CORE.
129 0604798A BRIGADE ANALYSIS, INTEGRATION AND 42,634 38,303
EVALUATION.
.................................. RCO support excess............ [-4,331]
130 0604802A WEAPONS AND MUNITIONS--ENG DEV.... 181,023 181,023
131 0604804A LOGISTICS AND ENGINEER EQUIPMENT-- 103,226 103,226
ENG DEV.
132 0604805A COMMAND, CONTROL, COMMUNICATIONS 12,595 12,595
SYSTEMS--ENG DEV.
133 0604807A MEDICAL MATERIEL/MEDICAL 48,264 48,264
BIOLOGICAL DEFENSE EQUIPMENT--ENG
DEV.
134 0604808A LANDMINE WARFARE/BARRIER--ENG DEV. 39,208 39,208
135 0604818A ARMY TACTICAL COMMAND & CONTROL 140,637 138,137
HARDWARE & SOFTWARE.
.................................. CPI2 testing previously funded [-2,500]
136 0604820A RADAR DEVELOPMENT................. 105,243 105,243
137 0604822A GENERAL FUND ENTERPRISE BUSINESS 46,683 46,683
SYSTEM (GFEBS).
138 0604823A FIREFINDER........................ 17,294 17,294
139 0604827A SOLDIER SYSTEMS--WARRIOR DEM/VAL.. 5,803 5,803
140 0604852A SUITE OF SURVIVABILITY ENHANCEMENT 98,698 118,698
SYSTEMS--EMD.
.................................. Program increase for vehicle [30,000]
active protection system
evaluation.
.................................. Program reduction............. [-10,000]
141 0604854A ARTILLERY SYSTEMS--EMD............ 15,832 15,832
142 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 126,537 71,537
.................................. Historical underexecution..... [-10,000]
.................................. Program decrease.............. [-45,000]
143 0605018A INTEGRATED PERSONNEL AND PAY 142,773 92,073
SYSTEM-ARMY (IPPS-A).
.................................. Poor business process [-50,700]
reengineering.
144 0605028A ARMORED MULTI-PURPOSE VEHICLE 96,730 92,130
(AMPV).
.................................. Program reduction............. [-4,600]
145 0605029A INTEGRATED GROUND SECURITY 6,699 6,699
SURVEILLANCE RESPONSE CAPABILITY
(IGSSR-C).
146 0605030A JOINT TACTICAL NETWORK CENTER 15,882 15,882
(JTNC).
147 0605031A JOINT TACTICAL NETWORK (JTN)...... 40,808 40,808
149 0605033A GROUND-BASED OPERATIONAL 3,847 3,847
SURVEILLANCE SYSTEM--
EXPEDITIONARY (GBOSS-E).
150 0605034A TACTICAL SECURITY SYSTEM (TSS).... 6,928 6,928
151 0605035A COMMON INFRARED COUNTERMEASURES 34,488 34,488
(CIRCM).
152 0605036A COMBATING WEAPONS OF MASS 10,000 10,000
DESTRUCTION (CWMD).
154 0605038A NUCLEAR BIOLOGICAL CHEMICAL 6,054 6,054
RECONNAISSANCE VEHICLE (NBCRV)
SENSOR SUITE.
155 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT.. 62,262 45,662
.................................. Contract delays............... [-10,000]
.................................. Excess growth................. [-6,600]
156 0605042A TACTICAL NETWORK RADIO SYSTEMS 35,654 29,254
(LOW-TIER).
.................................. Excess growth................. [-6,400]
157 0605047A CONTRACT WRITING SYSTEM........... 19,682 19,682
158 0605049A MISSILE WARNING SYSTEM 1,539 1,539
MODERNIZATION (MWSM).
159 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 64,557 64,557
160 0605052A INDIRECT FIRE PROTECTION 243,228 236,428
CAPABILITY INC 2--BLOCK 1.
.................................. EMAM development ahead of need [-6,800]
161 0605053A GROUND ROBOTICS................... 41,308 28,508
.................................. Excess to requirement......... [-12,800]
162 0605054A EMERGING TECHNOLOGY INITIATIVES... 45,896 31,616
.................................. Testing and evaluation excess [-4,280]
growth.
.................................. Unjustified request........... [-10,000]
163 0605203A ARMY SYSTEM DEVELOPMENT & 164,883 164,883
DEMONSTRATION.
165 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 9,500 9,500
166 0605457A ARMY INTEGRATED AIR AND MISSILE 208,938 193,938
DEFENSE (AIAMD).
.................................. Testing and evaluation excess [-15,000]
growth.
167 0605625A MANNED GROUND VEHICLE............. 378,400 228,400
.................................. Program decrease.............. [-150,000]
168 0605766A NATIONAL CAPABILITIES INTEGRATION 7,835 7,835
(MIP).
169 0605812A JOINT LIGHT TACTICAL VEHICLE 2,732 7,232
(JLTV) ENGINEERING AND
MANUFACTURING DEVELOPMENT PH.
.................................. Army requested realignment [4,500]
from OPA 7.
170 0605830A AVIATION GROUND SUPPORT EQUIPMENT. 1,664 1,664
172 0303032A TROJAN--RH12...................... 3,936 3,936
174 0304270A ELECTRONIC WARFARE DEVELOPMENT.... 19,675 19,675
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 3,549,431 3,189,390
DEMONSTRATION.
..................................
.................................. RDT&E MANAGEMENT SUPPORT
176 0604256A THREAT SIMULATOR DEVELOPMENT...... 14,117 16,117
.................................. Cybersecurity threat [2,000]
simulation.
177 0604258A TARGET SYSTEMS DEVELOPMENT........ 8,327 8,327
178 0604759A MAJOR T&E INVESTMENT.............. 136,565 136,565
179 0605103A RAND ARROYO CENTER................ 13,113 13,113
180 0605301A ARMY KWAJALEIN ATOLL.............. 238,691 238,691
181 0605326A CONCEPTS EXPERIMENTATION PROGRAM.. 42,922 36,922
.................................. Program reduction............. [-6,000]
183 0605601A ARMY TEST RANGES AND FACILITIES... 334,468 334,468
184 0605602A ARMY TECHNICAL TEST 46,974 51,974
INSTRUMENTATION AND TARGETS.
.................................. Program increase--space and [5,000]
missile cybersecurity.
185 0605604A SURVIVABILITY/LETHALITY ANALYSIS.. 35,075 35,075
186 0605606A AIRCRAFT CERTIFICATION............ 3,461 3,461
187 0605702A METEOROLOGICAL SUPPORT TO RDT&E 6,233 6,233
ACTIVITIES.
188 0605706A MATERIEL SYSTEMS ANALYSIS......... 21,342 21,342
189 0605709A EXPLOITATION OF FOREIGN ITEMS..... 11,168 11,168
190 0605712A SUPPORT OF OPERATIONAL TESTING.... 52,723 52,723
191 0605716A ARMY EVALUATION CENTER............ 60,815 60,815
192 0605718A ARMY MODELING & SIM X-CMD 2,527 2,527
COLLABORATION & INTEG.
193 0605801A PROGRAMWIDE ACTIVITIES............ 58,175 58,175
194 0605803A TECHNICAL INFORMATION ACTIVITIES.. 25,060 25,060
195 0605805A MUNITIONS STANDARDIZATION, 44,458 44,458
EFFECTIVENESS AND SAFETY.
196 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY 4,681 4,681
MGMT SUPPORT.
197 0605898A ARMY DIRECT REPORT HEADQUARTERS-- 53,820 53,820
R&D - MHA.
198 0606001A MILITARY GROUND-BASED CREW 4,291 4,291
TECHNOLOGY.
199 0606002A RONALD REAGAN BALLISTIC MISSILE 62,069 62,069
DEFENSE TEST SITE.
200 0606003A COUNTERINTEL AND HUMAN INTEL 1,050 1,050
MODERNIZATION.
201 0606942A ASSESSMENTS AND EVALUATIONS CYBER 4,500 4,500
VULNERABILITIES.
.................................. SUBTOTAL RDT&E MANAGEMENT 1,286,625 1,287,625
SUPPORT.
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
.................................. UNDISTRIBUTED
204 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM.. 22,877 19,877
.................................. HIMARS excess growth.......... [-3,000]
206 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT.... 8,491 8,491
207 0607131A WEAPONS AND MUNITIONS PRODUCT 15,645 15,645
IMPROVEMENT PROGRAMS.
209 0607134A LONG RANGE PRECISION FIRES (LRPF). 164,182 164,182
211 0607136A BLACKHAWK PRODUCT IMPROVEMENT 13,039 13,039
PROGRAM.
212 0607137A CHINOOK PRODUCT IMPROVEMENT 174,371 168,371
PROGRAM.
.................................. Program reduction............. [-6,000]
213 0607138A FIXED WING PRODUCT IMPROVEMENT 4,545 0
PROGRAM.
.................................. Program reduction............. [-4,545]
214 0607139A IMPROVED TURBINE ENGINE PROGRAM... 206,434 206,434
216 0607142A AVIATION ROCKET SYSTEM PRODUCT 24,221 21,130
IMPROVEMENT AND DEVELOPMENT.
.................................. Integrated munitions launcher [-3,091]
early to need.
217 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL 32,016 25,516
PRODUCTS.
.................................. Program reduction............. [-6,500]
218 0607145A APACHE FUTURE DEVELOPMENT......... 5,448 448
.................................. Unjustified request........... [-5,000]
219 0607312A ARMY OPERATIONAL SYSTEMS 49,526 49,526
DEVELOPMENT.
220 0607665A FAMILY OF BIOMETRICS.............. 1,702 1,702
221 0607865A PATRIOT PRODUCT IMPROVEMENT....... 96,430 63,630
.................................. Excess growth................. [-32,800]
222 0203728A JOINT AUTOMATED DEEP OPERATION 47,398 47,398
COORDINATION SYSTEM (JADOCS).
223 0203735A COMBAT VEHICLE IMPROVEMENT 334,463 290,545
PROGRAMS.
.................................. Early to need................. [-41,918]
.................................. Program support excess growth. [-2,000]
225 0203743A 155MM SELF-PROPELLED HOWITZER 214,246 192,746
IMPROVEMENTS.
.................................. Program reduction............. [-21,500]
226 0203744A AIRCRAFT MODIFICATIONS/PRODUCT 16,486 13,778
IMPROVEMENT PROGRAMS.
.................................. Excess to need................ [-2,708]
227 0203752A AIRCRAFT ENGINE COMPONENT 144 144
IMPROVEMENT PROGRAM.
228 0203758A DIGITIZATION...................... 5,270 5,270
229 0203801A MISSILE/AIR DEFENSE PRODUCT 1,287 1,287
IMPROVEMENT PROGRAM.
234 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY-- 732 732
OPERATIONAL SYSTEM DEV.
235 0205456A LOWER TIER AIR AND MISSILE DEFENSE 107,746 99,746
(AMD) SYSTEM.
.................................. Testing excess to need........ [-8,000]
236 0205778A GUIDED MULTIPLE-LAUNCH ROCKET 138,594 128,594
SYSTEM (GMLRS).
.................................. Testing excess to need........ [-10,000]
238 0303028A SECURITY AND INTELLIGENCE 13,845 13,845
ACTIVITIES.
239 0303140A INFORMATION SYSTEMS SECURITY 29,185 29,185
PROGRAM.
240 0303141A GLOBAL COMBAT SUPPORT SYSTEM...... 68,976 48,376
.................................. Program decrease.............. [-20,600]
241 0303150A WWMCCS/GLOBAL COMMAND AND CONTROL 2,073 2,073
SYSTEM.
245 0305179A INTEGRATED BROADCAST SERVICE (IBS) 459 459
246 0305204A TACTICAL UNMANNED AERIAL VEHICLES. 5,097 5,097
247 0305206A AIRBORNE RECONNAISSANCE SYSTEMS... 11,177 11,177
248 0305208A DISTRIBUTED COMMON GROUND/SURFACE 38,121 38,121
SYSTEMS.
250 0305232A RQ-11 UAV......................... 3,218 3,218
251 0305233A RQ-7 UAV.......................... 7,817 7,817
252 0307665A BIOMETRICS ENABLED INTELLIGENCE... 2,000 2,000
253 0708045A END ITEM INDUSTRIAL PREPAREDNESS 59,848 67,848
ACTIVITIES.
.................................. Nanoscale materials [3,000]
manufacturing.
.................................. Program increase--additive [5,000]
manufacturing technology
insertion.
254 1203142A SATCOM GROUND ENVIRONMENT (SPACE). 34,169 34,169
255 1208053A JOINT TACTICAL GROUND SYSTEM...... 10,275 10,275
255A 9999999999 CLASSIFIED PROGRAMS............... 7,273 7,273
.................................. SUBTOTAL OPERATIONAL SYSTEMS 1,978,826 1,819,164
DEVELOPMENT.
.................................. SUBTOTAL UNDISTRIBUTED......... -159,662
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 12,192,771 11,857,473
TEST & EVAL, ARMY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, NAVY
.................................. BASIC RESEARCH
001 0601103N UNIVERSITY RESEARCH INITIATIVES... 116,850 146,850
.................................. Advanced radar research....... [5,000]
.................................. Cyber basic research.......... [10,000]
.................................. Defense University research [5,000]
initiatives.
.................................. Program increase.............. [10,000]
002 0601152N IN-HOUSE LABORATORY INDEPENDENT 19,121 19,121
RESEARCH.
003 0601153N DEFENSE RESEARCH SCIENCES......... 470,007 470,007
.................................. SUBTOTAL BASIC RESEARCH........ 605,978 635,978
..................................
.................................. APPLIED RESEARCH
004 0602114N POWER PROJECTION APPLIED RESEARCH. 18,546 25,546
.................................. Hypersonic testing facilities. [7,000]
005 0602123N FORCE PROTECTION APPLIED RESEARCH. 119,517 166,017
.................................. Carbon capture................ [8,000]
.................................. Electric propulsion research.. [2,500]
.................................. Energy resilience............. [5,000]
.................................. Energy resilience research.... [3,000]
.................................. Hybrid composite struct. res. [5,000]
enhanced mobility.
.................................. Navy power and energy systems [5,000]
technology.
.................................. Program increase.............. [10,000]
.................................. Test bed for autonomous ship [8,000]
systems.
006 0602131M MARINE CORPS LANDING FORCE 56,604 61,604
TECHNOLOGY.
.................................. Interdisciplinary [5,000]
expeditionary cybersecurity
research.
007 0602235N COMMON PICTURE APPLIED RESEARCH... 49,297 44,297
.................................. Coordinate space activities... [-5,000]
008 0602236N WARFIGHTER SUSTAINMENT APPLIED 63,825 63,825
RESEARCH.
009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED 83,497 83,497
RESEARCH.
010 0602435N OCEAN WARFIGHTING ENVIRONMENT 63,894 63,894
APPLIED RESEARCH.
011 0602651M JOINT NON-LETHAL WEAPONS APPLIED 6,346 6,346
RESEARCH.
012 0602747N UNDERSEA WARFARE APPLIED RESEARCH. 57,075 74,075
.................................. Academic partnerships for [10,000]
undersea vehicle research.
.................................. Resident autonomous undersea [7,000]
robotics.
013 0602750N FUTURE NAVAL CAPABILITIES APPLIED 154,755 154,755
RESEARCH.
014 0602782N MINE AND EXPEDITIONARY WARFARE 36,074 36,074
APPLIED RESEARCH.
015 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) 153,062 153,062
APPLIED RESEARCH.
016 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT-- 73,961 73,961
ONR FIELD ACITIVITIES.
.................................. SUBTOTAL APPLIED RESEARCH...... 936,453 1,006,953
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603123N FORCE PROTECTION ADVANCED 35,286 35,286
TECHNOLOGY.
018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED 9,499 9,499
TECHNOLOGY.
019 0603640M USMC ADVANCED TECHNOLOGY 172,847 177,847
DEMONSTRATION (ATD).
.................................. Program increase--modular [5,000]
advanced armed robotic system.
020 0603651M JOINT NON-LETHAL WEAPONS 13,307 13,307
TECHNOLOGY DEVELOPMENT.
021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED 231,907 231,907
TECHNOLOGY DEVELOPMENT.
022 0603680N MANUFACTURING TECHNOLOGY PROGRAM.. 60,138 65,138
.................................. Program increase.............. [5,000]
023 0603729N WARFIGHTER PROTECTION ADVANCED 4,849 4,849
TECHNOLOGY.
025 0603758N NAVY WARFIGHTING EXPERIMENTS AND 67,739 67,739
DEMONSTRATIONS.
026 0603782N MINE AND EXPEDITIONARY WARFARE 13,335 13,335
ADVANCED TECHNOLOGY.
027 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) 133,303 150,330
ADVANCED TECHNOLOGY DEVELOPMENT.
.................................. Electromagnetic railgun....... [10,000]
.................................. Funds excess to requirements.. [-7,973]
.................................. Program increase.............. [15,000]
.................................. SUBTOTAL ADVANCED TECHNOLOGY 742,210 769,237
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
028 0603207N AIR/OCEAN TACTICAL APPLICATIONS... 32,643 38,643
.................................. Program increase for 1 REMUS [6,000]
600 vehicle.
029 0603216N AVIATION SURVIVABILITY............ 11,919 11,919
030 0603251N AIRCRAFT SYSTEMS.................. 1,473 1,473
031 0603254N ASW SYSTEMS DEVELOPMENT........... 7,172 7,172
032 0603261N TACTICAL AIRBORNE RECONNAISSANCE.. 3,419 3,419
033 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 64,694 64,694
034 0603502N SURFACE AND SHALLOW WATER MINE 507,000 310,500
COUNTERMEASURES.
.................................. Reduce one LUSV............... [-86,500]
.................................. VLS concept design and LLTM [-110,000]
early to need.
035 0603506N SURFACE SHIP TORPEDO DEFENSE...... 15,800 7,242
.................................. Excess sundown costs.......... [-8,558]
036 0603512N CARRIER SYSTEMS DEVELOPMENT....... 4,997 4,997
037 0603525N PILOT FISH........................ 291,148 186,328
.................................. Program adjustment............ [-104,820]
038 0603527N RETRACT LARCH..................... 11,980 11,980
039 0603536N RETRACT JUNIPER................... 129,163 129,163
040 0603542N RADIOLOGICAL CONTROL.............. 689 689
041 0603553N SURFACE ASW....................... 1,137 1,137
042 0603561N ADVANCED SUBMARINE SYSTEM 148,756 120,046
DEVELOPMENT.
.................................. Program decrease.............. [-19,000]
.................................. Project 9710: Unjustified new [-9,710]
start.
043 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 11,192 11,192
044 0603563N SHIP CONCEPT ADVANCED DESIGN...... 81,846 57,846
.................................. Future surface combatant [-24,000]
concept development.
045 0603564N SHIP PRELIMINARY DESIGN & 69,084 22,584
FEASIBILITY STUDIES.
.................................. Early to need................. [-46,500]
046 0603570N ADVANCED NUCLEAR POWER SYSTEMS.... 181,652 181,652
047 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 25,408 155,408
.................................. Program increase.............. [5,000]
.................................. Surface combatant component- [125,000]
level prototyping.
048 0603576N CHALK EAGLE....................... 64,877 64,877
049 0603581N LITTORAL COMBAT SHIP (LCS)........ 9,934 9,934
050 0603582N COMBAT SYSTEM INTEGRATION......... 17,251 17,251
051 0603595N OHIO REPLACEMENT.................. 419,051 434,051
.................................. Accelerate advanced propulsor [15,000]
development.
052 0603596N LCS MISSION MODULES............... 108,505 105,595
.................................. Available prior year funds due [-2,910]
to SUW MP testing delay.
053 0603597N AUTOMATED TEST AND ANALYSIS....... 7,653 7,653
054 0603599N FRIGATE DEVELOPMENT............... 59,007 59,007
055 0603609N CONVENTIONAL MUNITIONS............ 9,988 9,988
056 0603635M MARINE CORPS GROUND COMBAT/SUPPORT 86,464 16,477
SYSTEM.
.................................. Insufficient justification and [-69,987]
contract delay.
057 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE 33,478 33,478
DEVELOPMENT.
058 0603713N OCEAN ENGINEERING TECHNOLOGY 5,619 5,619
DEVELOPMENT.
059 0603721N ENVIRONMENTAL PROTECTION.......... 20,564 20,564
060 0603724N NAVY ENERGY PROGRAM............... 26,514 49,514
.................................. Battery development and safety [13,000]
enterprise.
.................................. Marine energy systems for [10,000]
sensors and microgrids.
061 0603725N FACILITIES IMPROVEMENT............ 3,440 3,440
062 0603734N CHALK CORAL....................... 346,800 310,400
.................................. Insufficient budget [-36,400]
justification.
063 0603739N NAVY LOGISTIC PRODUCTIVITY........ 3,857 3,857
064 0603746N RETRACT MAPLE..................... 258,519 258,519
065 0603748N LINK PLUMERIA..................... 403,909 396,509
.................................. Insufficient budget [-7,400]
justification.
066 0603751N RETRACT ELM....................... 63,434 63,434
067 0603764N LINK EVERGREEN.................... 184,110 184,110
068 0603790N NATO RESEARCH AND DEVELOPMENT..... 7,697 7,697
069 0603795N LAND ATTACK TECHNOLOGY............ 9,086 9,086
070 0603851M JOINT NON-LETHAL WEAPONS TESTING.. 28,466 28,466
071 0603860N JOINT PRECISION APPROACH AND 51,341 51,341
LANDING SYSTEMS--DEM/VAL.
072 0603925N DIRECTED ENERGY AND ELECTRIC 118,169 118,169
WEAPON SYSTEMS.
073 0604014N F/A -18 INFRARED SEARCH AND TRACK 113,456 112,456
(IRST).
.................................. Program delay................. [-1,000]
074 0604027N DIGITAL WARFARE OFFICE............ 50,120 25,120
.................................. Artificial intelligence [-10,000]
development operations
unjustified growth.
.................................. Program decrease.............. [-15,000]
075 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA 32,527 32,527
VEHICLES.
076 0604029N UNMANNED UNDERSEA VEHICLE CORE 54,376 54,376
TECHNOLOGIES.
077 0604030N RAPID PROTOTYPING, EXPERIMENTATION 36,197 36,197
AND DEMONSTRATION..
078 0604031N LARGE UNMANNED UNDERSEA VEHICLES.. 68,310 68,310
079 0604112N GERALD R. FORD CLASS NUCLEAR 121,310 112,310
AIRCRAFT CARRIER (CVN 78--80).
.................................. Integrated digital [-9,000]
shipbuilding insufficient
budget justification.
080 0604126N LITTORAL AIRBORNE MCM............. 17,248 17,248
081 0604127N SURFACE MINE COUNTERMEASURES...... 18,735 18,735
082 0604272N TACTICAL AIR DIRECTIONAL INFRARED 68,346 58,449
COUNTERMEASURES (TADIRCM).
.................................. Excess to need................ [-9,897]
084 0604289M NEXT GENERATION LOGISTICS......... 4,420 13,420
.................................. Additive manufacturing [9,000]
logistics software pilot.
085 0604320M RAPID TECHNOLOGY CAPABILITY 4,558 4,558
PROTOTYPE.
086 0604454N LX (R)............................ 12,500 12,500
087 0604536N ADVANCED UNDERSEA PROTOTYPING..... 181,967 181,967
088 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS 5,500 5,500
(C-UAS).
089 0604659N PRECISION STRIKE WEAPONS 718,148 688,148
DEVELOPMENT PROGRAM.
.................................. Excess growth................. [-30,000]
090 0604707N SPACE AND ELECTRONIC WARFARE (SEW) 5,263 5,263
ARCHITECTURE/ENGINEERING SUPPORT.
091 0604786N OFFENSIVE ANTI-SURFACE WARFARE 65,419 65,419
WEAPON DEVELOPMENT.
092 0303354N ASW SYSTEMS DEVELOPMENT--MIP...... 9,991 9,991
093 0304240M ADVANCED TACTICAL UNMANNED 21,157 39,657
AIRCRAFT SYSTEM.
.................................. KMAX Large Unmanned Logistics [18,500]
System USMC unfunded priority.
095 0304270N ELECTRONIC WARFARE DEVELOPMENT-- 609 609
MIP.
.................................. SUBTOTAL ADVANCED COMPONENT 5,559,062 5,159,880
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
096 0603208N TRAINING SYSTEM AIRCRAFT.......... 15,514 15,514
097 0604212N OTHER HELO DEVELOPMENT............ 28,835 28,835
098 0604214M AV-8B AIRCRAFT--ENG DEV........... 27,441 27,441
100 0604215N STANDARDS DEVELOPMENT............. 3,642 3,642
101 0604216N MULTI-MISSION HELICOPTER UPGRADE 19,196 19,196
DEVELOPMENT.
104 0604230N WARFARE SUPPORT SYSTEM............ 8,601 8,601
105 0604231N TACTICAL COMMAND SYSTEM........... 77,232 77,232
106 0604234N ADVANCED HAWKEYE.................. 232,752 232,752
107 0604245M H-1 UPGRADES...................... 65,359 65,359
109 0604261N ACOUSTIC SEARCH SENSORS........... 47,013 47,013
110 0604262N V-22A............................. 185,105 190,105
.................................. Increase reliability and [5,000]
reduce vibrations of V-22
nacelles.
111 0604264N AIR CREW SYSTEMS DEVELOPMENT...... 21,172 21,172
112 0604269N EA-18............................. 143,585 133,585
.................................. Unjustified cost growth....... [-10,000]
113 0604270N ELECTRONIC WARFARE DEVELOPMENT.... 116,811 109,651
.................................. Unjustified request........... [-7,160]
114 0604273M EXECUTIVE HELO DEVELOPMENT........ 187,436 187,436
116 0604274N NEXT GENERATION JAMMER (NGJ)...... 524,261 448,261
.................................. Underexecution................ [-76,000]
117 0604280N JOINT TACTICAL RADIO SYSTEM--NAVY 192,345 190,845
(JTRS-NAVY).
.................................. Early to need................. [-1,500]
118 0604282N NEXT GENERATION JAMMER (NGJ) 111,068 90,922
INCREMENT II.
.................................. Program reduction............. [-20,146]
119 0604307N SURFACE COMBATANT COMBAT SYSTEM 415,625 413,684
ENGINEERING.
.................................. Aegis development support [-1,941]
studies and analysis early to
need.
120 0604311N LPD-17 CLASS SYSTEMS INTEGRATION.. 640 640
121 0604329N SMALL DIAMETER BOMB (SDB)......... 50,096 50,096
122 0604366N STANDARD MISSILE IMPROVEMENTS..... 232,391 232,391
123 0604373N AIRBORNE MCM...................... 10,916 10,916
124 0604378N NAVAL INTEGRATED FIRE CONTROL-- 33,379 33,379
COUNTER AIR SYSTEMS ENGINEERING.
125 0604501N ADVANCED ABOVE WATER SENSORS...... 34,554 34,554
126 0604503N SSN-688 AND TRIDENT MODERNIZATION. 84,663 84,663
127 0604504N AIR CONTROL....................... 44,923 44,923
128 0604512N SHIPBOARD AVIATION SYSTEMS........ 10,632 10,632
129 0604518N COMBAT INFORMATION CENTER 16,094 16,094
CONVERSION.
130 0604522N AIR AND MISSILE DEFENSE RADAR 55,349 52,349
(AMDR) SYSTEM.
.................................. Engineering changes testing [-3,000]
and evaluation early to need.
131 0604530N ADVANCED ARRESTING GEAR (AAG)..... 123,490 123,490
132 0604558N NEW DESIGN SSN.................... 121,010 221,010
.................................. Accelerate capability [100,000]
development.
133 0604562N SUBMARINE TACTICAL WARFARE SYSTEM. 62,426 62,426
134 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE 46,809 46,809
T&E.
135 0604574N NAVY TACTICAL COMPUTER RESOURCES.. 3,692 3,692
137 0604601N MINE DEVELOPMENT.................. 28,964 28,964
138 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT... 148,349 115,541
.................................. Excess to need................ [-32,808]
139 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE 8,237 8,237
DEVELOPMENT.
140 0604657M USMC GROUND COMBAT/SUPPORTING ARMS 22,000 22,000
SYSTEMS--ENG DEV.
141 0604703N PERSONNEL, TRAINING, SIMULATION, 5,500 5,500
AND HUMAN FACTORS.
142 0604727N JOINT STANDOFF WEAPON SYSTEMS..... 18,725 16,225
.................................. Excess to need................ [-2,500]
143 0604755N SHIP SELF DEFENSE (DETECT & 192,603 180,085
CONTROL).
.................................. Project 2178 prior year [-12,518]
carryover.
144 0604756N SHIP SELF DEFENSE (ENGAGE: HARD 137,268 121,630
KILL).
.................................. Project 2070 excess test [-15,638]
assets.
145 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT 97,363 97,363
KILL/EW).
146 0604761N INTELLIGENCE ENGINEERING.......... 26,710 26,710
147 0604771N MEDICAL DEVELOPMENT............... 8,181 8,181
148 0604777N NAVIGATION/ID SYSTEM.............. 40,755 40,755
149 0604800M JOINT STRIKE FIGHTER (JSF)--EMD... 1,710 1,710
150 0604800N JOINT STRIKE FIGHTER (JSF)--EMD... 1,490 1,490
153 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 1,494 1,494
154 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 384,162 268,364
.................................. Program decrease.............. [-36,000]
.................................. Unjustified growth over FY19 [-79,798]
projection.
155 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT.... 4,882 4,882
156 0605212M CH-53K RDTE....................... 516,955 516,955
158 0605215N MISSION PLANNING.................. 75,886 75,886
159 0605217N COMMON AVIONICS................... 43,187 43,187
160 0605220N SHIP TO SHORE CONNECTOR (SSC)..... 4,909 19,909
.................................. Expand development and use of [15,000]
composite materials.
161 0605327N T-AO 205 CLASS.................... 1,682 1,682
162 0605414N UNMANNED CARRIER AVIATION (UCA)... 671,258 657,098
.................................. UMCS excess to need........... [-14,160]
163 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) 18,393 18,393
165 0605500N MULTI-MISSION MARITIME AIRCRAFT 21,472 21,472
(MMA).
166 0605504N MULTI-MISSION MARITIME (MMA) 177,234 177,234
INCREMENT III.
167 0605611M MARINE CORPS ASSAULT VEHICLES 77,322 69,121
SYSTEM DEVELOPMENT &
DEMONSTRATION.
.................................. Early to need................. [-2,201]
.................................. Excess growth................. [-6,000]
168 0605813M JOINT LIGHT TACTICAL VEHICLE 2,105 2,105
(JLTV) SYSTEM DEVELOPMENT &
DEMONSTRATION.
169 0204202N DDG-1000.......................... 111,435 111,435
172 0304785N TACTICAL CRYPTOLOGIC SYSTEMS...... 101,339 101,339
173 0306250M CYBER OPERATIONS TECHNOLOGY 26,406 26,406
DEVELOPMENT.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,332,033 6,130,663
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
174 0604256N THREAT SIMULATOR DEVELOPMENT...... 66,678 66,678
175 0604258N TARGET SYSTEMS DEVELOPMENT........ 12,027 12,027
176 0604759N MAJOR T&E INVESTMENT.............. 85,348 85,348
178 0605152N STUDIES AND ANALYSIS SUPPORT--NAVY 3,908 3,908
179 0605154N CENTER FOR NAVAL ANALYSES......... 47,669 47,669
180 0605285N NEXT GENERATION FIGHTER........... 20,698 20,698
182 0605804N TECHNICAL INFORMATION SERVICES.... 988 988
183 0605853N MANAGEMENT, TECHNICAL & 102,401 102,401
INTERNATIONAL SUPPORT.
184 0605856N STRATEGIC TECHNICAL SUPPORT....... 3,742 3,742
186 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT... 93,872 93,872
187 0605864N TEST AND EVALUATION SUPPORT....... 394,020 394,020
188 0605865N OPERATIONAL TEST AND EVALUATION 25,145 25,145
CAPABILITY.
189 0605866N NAVY SPACE AND ELECTRONIC WARFARE 15,773 15,773
(SEW) SUPPORT.
190 0605867N SEW SURVEILLANCE/RECONNAISSANCE 8,402 8,402
SUPPORT.
191 0605873M MARINE CORPS PROGRAM WIDE SUPPORT. 37,265 29,265
.................................. Unjustified growth............ [-8,000]
192 0605898N MANAGEMENT HQ--R&D................ 39,673 39,673
193 0606355N WARFARE INNOVATION MANAGEMENT..... 28,750 28,750
196 0305327N INSIDER THREAT.................... 2,645 2,645
197 0902498N MANAGEMENT HEADQUARTERS 1,460 1,460
(DEPARTMENTAL SUPPORT ACTIVITIES).
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 990,464 982,464
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
.................................. UNDISTRIBUTED
202 0604227N HARPOON MODIFICATIONS............. 2,302 2,302
203 0604840M F-35 C2D2......................... 422,881 422,881
204 0604840N F-35 C2D2......................... 383,741 383,741
205 0607658N COOPERATIVE ENGAGEMENT CAPABILITY 127,924 127,924
(CEC).
207 0101221N STRATEGIC SUB & WEAPONS SYSTEM 157,676 113,492
SUPPORT.
.................................. D5LE2 unjustified request..... [-44,184]
208 0101224N SSBN SECURITY TECHNOLOGY PROGRAM.. 43,354 43,354
209 0101226N SUBMARINE ACOUSTIC WARFARE 6,815 6,815
DEVELOPMENT.
210 0101402N NAVY STRATEGIC COMMUNICATIONS..... 31,174 31,174
211 0204136N F/A-18 SQUADRONS.................. 213,715 208,215
.................................. Block III support prior year [-7,500]
carryover.
.................................. Jet noise reduction research.. [2,000]
213 0204228N SURFACE SUPPORT................... 36,389 36,389
214 0204229N TOMAHAWK AND TOMAHAWK MISSION 320,134 286,799
PLANNING CENTER (TMPC).
.................................. JMEWS schedule delays......... [-12,098]
.................................. Maritime strike schedule [-21,237]
delays.
215 0204311N INTEGRATED SURVEILLANCE SYSTEM.... 88,382 103,382
.................................. Additional TRAPS units........ [15,000]
216 0204313N SHIP-TOWED ARRAY SURVEILLANCE 14,449 14,449
SYSTEMS.
217 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS 6,931 6,931
(DISPLACEMENT CRAFT).
218 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ 23,891 23,891
ATOR).
219 0204571N CONSOLIDATED TRAINING SYSTEMS 129,873 129,873
DEVELOPMENT.
221 0204575N ELECTRONIC WARFARE (EW) READINESS 82,325 62,434
SUPPORT.
.................................. Prior year carryover.......... [-19,891]
222 0205601N HARM IMPROVEMENT.................. 138,431 132,371
.................................. AARGM ER test schedule [-6,060]
discrepancy.
224 0205620N SURFACE ASW COMBAT SYSTEM 29,572 29,572
INTEGRATION.
225 0205632N MK-48 ADCAP....................... 85,973 85,973
226 0205633N AVIATION IMPROVEMENTS............. 125,461 125,461
227 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS. 106,192 106,192
228 0206313M MARINE CORPS COMMUNICATIONS 143,317 134,317
SYSTEMS.
.................................. Program delay................. [-9,000]
229 0206335M COMMON AVIATION COMMAND AND 4,489 4,489
CONTROL SYSTEM (CAC2S).
230 0206623M MARINE CORPS GROUND COMBAT/ 51,788 51,788
SUPPORTING ARMS SYSTEMS.
231 0206624M MARINE CORPS COMBAT SERVICES 37,761 42,761
SUPPORT.
.................................. Airborne Power Generation Tech [5,000]
Development.
232 0206625M USMC INTELLIGENCE/ELECTRONIC 21,458 21,458
WARFARE SYSTEMS (MIP).
233 0206629M AMPHIBIOUS ASSAULT VEHICLE........ 5,476 5,476
234 0207161N TACTICAL AIM MISSILES............. 19,488 19,488
235 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR 39,029 39,029
MISSILE (AMRAAM).
239 0303109N SATELLITE COMMUNICATIONS (SPACE).. 34,344 34,344
240 0303138N CONSOLIDATED AFLOAT NETWORK 22,873 22,873
ENTERPRISE SERVICES (CANES).
241 0303140N INFORMATION SYSTEMS SECURITY 41,853 41,853
PROGRAM.
243 0305192N MILITARY INTELLIGENCE PROGRAM 8,913 8,913
(MIP) ACTIVITIES.
244 0305204N TACTICAL UNMANNED AERIAL VEHICLES. 9,451 9,451
245 0305205N UAS INTEGRATION AND 42,315 42,315
INTEROPERABILITY.
246 0305208M DISTRIBUTED COMMON GROUND/SURFACE 22,042 22,042
SYSTEMS.
248 0305220N MQ-4C TRITON...................... 11,784 11,784
249 0305231N MQ-8 UAV.......................... 29,618 29,618
250 0305232M RQ-11 UAV......................... 509 509
251 0305234N SMALL (LEVEL 0) TACTICAL UAS 11,545 11,545
(STUASL0).
252 0305239M RQ-21A............................ 10,914 10,914
253 0305241N MULTI-INTELLIGENCE SENSOR 70,612 70,612
DEVELOPMENT.
254 0305242M UNMANNED AERIAL SYSTEMS (UAS) 3,704 3,704
PAYLOADS (MIP).
255 0305421N RQ-4 MODERNIZATION................ 202,346 185,446
.................................. IFC 5.0 concurrency........... [-16,900]
256 0308601N MODELING AND SIMULATION SUPPORT... 7,119 7,119
257 0702207N DEPOT MAINTENANCE (NON-IF)........ 38,182 38,182
258 0708730N MARITIME TECHNOLOGY (MARITECH).... 6,779 6,779
259 1203109N SATELLITE COMMUNICATIONS (SPACE).. 15,868 15,868
259A 9999999999 CLASSIFIED PROGRAMS............... 1,613,137 1,613,137
.................................. SUBTOTAL OPERATIONAL SYSTEMS 5,104,299 4,989,429
DEVELOPMENT.
.................................. SUBTOTAL UNDISTRIBUTED......... -114,870
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 20,270,499 19,674,604
TEST & EVAL, NAVY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, AF
.................................. BASIC RESEARCH
001 0601102F DEFENSE RESEARCH SCIENCES......... 356,107 356,107
002 0601103F UNIVERSITY RESEARCH INITIATIVES... 158,859 163,859
.................................. Program increase.............. [5,000]
003 0601108F HIGH ENERGY LASER RESEARCH 14,795 14,795
INITIATIVES.
.................................. SUBTOTAL BASIC RESEARCH........ 529,761 534,761
..................................
.................................. APPLIED RESEARCH
004 0602102F MATERIALS......................... 128,851 152,851
.................................. Advanced materials high energy [4,000]
x-ray.
.................................. Advanced materials [5,000]
manufacturing flexible
biosensors.
.................................. Advanced thermal protection [5,000]
systems.
.................................. Program increase.............. [10,000]
005 0602201F AEROSPACE VEHICLE TECHNOLOGIES.... 147,724 147,724
006 0602202F HUMAN EFFECTIVENESS APPLIED 131,795 131,795
RESEARCH.
007 0602203F AEROSPACE PROPULSION.............. 198,775 208,775
.................................. Educational partnership [5,000]
agreements for next generation
liquid propulsion.
.................................. Electrical power/thermal [5,000]
management systems.
008 0602204F AEROSPACE SENSORS................. 202,912 202,912
010 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT-- 7,968 7,968
MAJOR HEADQUARTERS ACTIVITIES.
012 0602602F CONVENTIONAL MUNITIONS............ 142,772 142,772
013 0602605F DIRECTED ENERGY TECHNOLOGY........ 124,379 124,379
014 0602788F DOMINANT INFORMATION SCIENCES AND 181,562 199,562
METHODS.
.................................. Detection and countering of [5,000]
adversarial UAS.
.................................. Quantum Information Science [8,000]
Innovation Center.
.................................. Quantum science............... [5,000]
015 0602890F HIGH ENERGY LASER RESEARCH........ 44,221 44,221
016 1206601F SPACE TECHNOLOGY.................. 124,667 124,667
.................................. SUBTOTAL APPLIED RESEARCH...... 1,435,626 1,487,626
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603112F ADVANCED MATERIALS FOR WEAPON 36,586 41,586
SYSTEMS.
.................................. Metals affordability [5,000]
initiative.
018 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY 16,249 16,249
(S&T).
019 0603203F ADVANCED AEROSPACE SENSORS........ 38,292 38,292
020 0603211F AEROSPACE TECHNOLOGY DEV/DEMO..... 102,949 202,949
.................................. Low cost attritable aircraft [100,000]
technology.
021 0603216F AEROSPACE PROPULSION AND POWER 113,973 128,973
TECHNOLOGY.
.................................. Advanced turbine engine gas [10,000]
generator.
.................................. Electrical power systems...... [5,000]
022 0603270F ELECTRONIC COMBAT TECHNOLOGY...... 48,408 48,408
023 0603401F ADVANCED SPACECRAFT TECHNOLOGY.... 70,525 73,525
.................................. Strategic radiation hardened [3,000]
microelectronic processors.
024 0603444F MAUI SPACE SURVEILLANCE SYSTEM 11,878 11,878
(MSSS).
025 0603456F HUMAN EFFECTIVENESS ADVANCED 37,542 37,542
TECHNOLOGY DEVELOPMENT.
026 0603601F CONVENTIONAL WEAPONS TECHNOLOGY... 225,817 225,817
027 0603605F ADVANCED WEAPONS TECHNOLOGY....... 37,404 37,404
028 0603680F MANUFACTURING TECHNOLOGY PROGRAM.. 43,116 66,116
.................................. Advanced materials and [7,000]
materials manufacturing.
.................................. Aerospace composites [10,000]
manufacturing.
.................................. Program increase.............. [6,000]
029 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT 56,414 56,414
AND DEMONSTRATION.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 839,153 985,153
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
031 0603260F INTELLIGENCE ADVANCED DEVELOPMENT. 5,672 5,672
032 0603742F COMBAT IDENTIFICATION TECHNOLOGY.. 27,085 27,085
033 0603790F NATO RESEARCH AND DEVELOPMENT..... 4,955 4,955
034 0603851F INTERCONTINENTAL BALLISTIC 44,109 44,109
MISSILE--DEM/VAL.
036 0604002F AIR FORCE WEATHER SERVICES 772 772
RESEARCH.
037 0604004F ADVANCED ENGINE DEVELOPMENT....... 878,442 878,442
038 0604015F LONG RANGE STRIKE--BOMBER......... 3,003,899 3,003,899
039 0604032F DIRECTED ENERGY PROTOTYPING....... 10,000 20,000
.................................. High-value airborne asset [10,000]
protection.
040 0604033F HYPERSONICS PROTOTYPING........... 576,000 576,000
041 0604201F PNT RESILIENCY, MODS, AND 92,600 124,600
IMPROVEMENTS.
.................................. Program increase.............. [32,000]
042 0604257F ADVANCED TECHNOLOGY AND SENSORS... 23,145 23,145
043 0604288F NATIONAL AIRBORNE OPS CENTER 16,669 16,669
(NAOC) RECAP.
044 0604317F TECHNOLOGY TRANSFER............... 23,614 23,614
045 0604327F HARD AND DEEPLY BURIED TARGET 113,121 113,121
DEFEAT SYSTEM (HDBTDS) PROGRAM.
046 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS- 56,325 56,325
ACS.
047 0604776F DEPLOYMENT & DISTRIBUTION 28,034 28,034
ENTERPRISE R&D.
048 0604858F TECH TRANSITION PROGRAM........... 128,476 134,476
.................................. Rapid repair.................. [6,000]
049 0605230F GROUND BASED STRATEGIC DETERRENT.. 570,373 552,395
.................................. Program reduction............. [-40,000]
.................................. Technical adjustment for NC3.. [22,022]
050 0207100F LIGHT ATTACK ARMED RECONNAISSANCE 35,000 35,000
(LAAR) SQUADRONS.
051 0207110F NEXT GENERATION AIR DOMINANCE..... 1,000,000 955,000
.................................. Cost-risk associated with [-45,000]
development profile.
052 0207455F THREE DIMENSIONAL LONG-RANGE RADAR 37,290 37,290
(3DELRR).
053 0208099F UNIFIED PLATFORM (UP)............. 10,000 10,000
054 0305236F COMMON DATA LINK EXECUTIVE AGENT 36,910 36,910
(CDL EA).
055 0305251F CYBERSPACE OPERATIONS FORCES AND 35,000 35,000
FORCE SUPPORT.
056 0305601F MISSION PARTNER ENVIRONMENTS...... 8,550 8,550
057 0306250F CYBER OPERATIONS TECHNOLOGY 198,864 240,064
DEVELOPMENT.
.................................. Accelerate development of [13,600]
Cyber National Mission Force
capabilities.
.................................. ETERNALDARKNESS............... [7,100]
.................................. Joint Common Access Platform.. [20,500]
058 0306415F ENABLED CYBER ACTIVITIES.......... 16,632 16,632
060 0901410F CONTRACTING INFORMATION TECHNOLOGY 20,830 20,830
SYSTEM.
061 1203164F NAVSTAR GLOBAL POSITIONING SYSTEM 329,948 329,948
(USER EQUIPMENT) (SPACE).
062 1203710F EO/IR WEATHER SYSTEMS............. 101,222 101,222
063 1206422F WEATHER SYSTEM FOLLOW-ON.......... 225,660 205,660
.................................. Unjustified growth............ [-20,000]
064 1206425F SPACE SITUATION AWARENESS SYSTEMS. 29,776 29,776
065 1206427F SPACE SYSTEMS PROTOTYPE 142,045 142,045
TRANSITIONS (SSPT).
067 1206438F SPACE CONTROL TECHNOLOGY.......... 64,231 59,231
.................................. Unjustified growth............ [-5,000]
068 1206730F SPACE SECURITY AND DEFENSE PROGRAM 56,385 56,385
069 1206760F PROTECTED TACTICAL ENTERPRISE 105,003 105,003
SERVICE (PTES).
070 1206761F PROTECTED TACTICAL SERVICE (PTS).. 173,694 163,694
.................................. Unjustified growth............ [-10,000]
071 1206855F EVOLVED STRATEGIC SATCOM (ESS).... 172,206 172,206
072 1206857F SPACE RAPID CAPABILITIES OFFICE... 33,742 23,742
.................................. Program decrease.............. [-10,000]
.................................. SUBTOTAL ADVANCED COMPONENT 8,436,279 8,417,501
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
073 0604200F FUTURE ADVANCED WEAPON ANALYSIS & 246,200 0
PROGRAMS.
.................................. Excess to need................ [-246,200]
074 0604201F PNT RESILIENCY, MODS, AND 67,782 148,782
IMPROVEMENTS.
.................................. UPL M-Code Acceleration....... [81,000]
075 0604222F NUCLEAR WEAPONS SUPPORT........... 4,406 4,406
076 0604270F ELECTRONIC WARFARE DEVELOPMENT.... 2,066 2,066
077 0604281F TACTICAL DATA NETWORKS ENTERPRISE. 229,631 210,331
.................................. Prior-year carryover.......... [-19,300]
078 0604287F PHYSICAL SECURITY EQUIPMENT....... 9,700 9,700
079 0604329F SMALL DIAMETER BOMB (SDB)--EMD.... 31,241 41,241
.................................. Program efficiency initiative. [10,000]
080 0604429F AIRBORNE ELECTRONIC ATTACK........ 2 2
081 0604602F ARMAMENT/ORDNANCE DEVELOPMENT..... 28,043 28,043
082 0604604F SUBMUNITIONS...................... 3,045 3,045
083 0604617F AGILE COMBAT SUPPORT.............. 19,944 19,944
084 0604706F LIFE SUPPORT SYSTEMS.............. 8,624 8,624
085 0604735F COMBAT TRAINING RANGES............ 37,365 37,365
086 0604800F F-35--EMD......................... 7,628 7,628
087 0604932F LONG RANGE STANDOFF WEAPON........ 712,539 712,539
088 0604933F ICBM FUZE MODERNIZATION........... 161,199 161,199
089 0605030F JOINT TACTICAL NETWORK CENTER 2,414 2,414
(JTNC).
091 0605056F OPEN ARCHITECTURE MANAGEMENT...... 30,000 30,000
093 0605221F KC-46............................. 59,561 59,561
094 0605223F ADVANCED PILOT TRAINING........... 348,473 348,473
095 0605229F COMBAT RESCUE HELICOPTER.......... 247,047 247,047
098 0605931F B-2 DEFENSIVE MANAGEMENT SYSTEM... 294,400 294,400
099 0101125F NUCLEAR WEAPONS MODERNIZATION..... 27,564 27,564
100 0101213F MINUTEMAN SQUADRONS............... 1 1
101 0207171F F-15 EPAWSS....................... 47,322 47,322
102 0207328F STAND IN ATTACK WEAPON............ 162,840 162,840
103 0207701F FULL COMBAT MISSION TRAINING...... 9,797 9,797
106 0401310F C-32 EXECUTIVE TRANSPORT 9,930 9,930
RECAPITALIZATION.
107 0401319F VC-25B............................ 757,923 757,923
108 0701212F AUTOMATED TEST SYSTEMS............ 2,787 2,787
109 1203176F COMBAT SURVIVOR EVADER LOCATOR.... 2,000 2,000
110 1203269F GPS III FOLLOW-ON (GPS IIIF)...... 462,875 452,875
.................................. Unjustified growth............ [-10,000]
111 1203940F SPACE SITUATION AWARENESS 76,829 56,829
OPERATIONS.
.................................. GBOSS unjustified growth...... [-20,000]
112 1206421F COUNTERSPACE SYSTEMS.............. 29,037 29,037
113 1206422F WEATHER SYSTEM FOLLOW-ON.......... 2,237 2,237
114 1206425F SPACE SITUATION AWARENESS SYSTEMS. 412,894 412,894
116 1206431F ADVANCED EHF MILSATCOM (SPACE).... 117,290 117,290
117 1206432F POLAR MILSATCOM (SPACE)........... 427,400 401,400
.................................. Prior year carryover.......... [-26,000]
118 1206433F WIDEBAND GLOBAL SATCOM (SPACE).... 1,920 1,920
119 1206441F SPACE BASED INFRARED SYSTEM 1 1
(SBIRS) HIGH EMD.
120 1206442F NEXT GENERATION OPIR.............. 1,395,278 1,395,278
121 1206445F COMMERCIAL SATCOM (COMSATCOM) 5,000
INTEGRATION.
.................................. Accelerate integration of [5,000]
COMSATCOM capabilities.
122 1206853F NATIONAL SECURITY SPACE LAUNCH 432,009 432,009
PROGRAM (SPACE)--EMD.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,929,244 6,703,744
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
123 0604256F THREAT SIMULATOR DEVELOPMENT...... 59,693 59,693
124 0604759F MAJOR T&E INVESTMENT.............. 181,663 219,663
.................................. Telemetry extension SATCOM [2,000]
relay.
.................................. UPL M-Code Acceleration....... [36,000]
125 0605101F RAND PROJECT AIR FORCE............ 35,258 35,258
127 0605712F INITIAL OPERATIONAL TEST & 13,793 13,793
EVALUATION.
128 0605807F TEST AND EVALUATION SUPPORT....... 717,895 717,895
129 0605826F ACQ WORKFORCE- GLOBAL POWER....... 258,667 258,667
130 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT 251,992 251,992
SYS.
131 0605828F ACQ WORKFORCE- GLOBAL REACH....... 149,191 149,191
132 0605829F ACQ WORKFORCE- CYBER, NETWORK, & 235,360 235,360
BUS SYS.
133 0605830F ACQ WORKFORCE- GLOBAL BATTLE MGMT. 160,196 160,196
134 0605831F ACQ WORKFORCE- CAPABILITY 220,255 220,255
INTEGRATION.
135 0605832F ACQ WORKFORCE- ADVANCED PRGM 42,392 42,392
TECHNOLOGY.
136 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS.... 133,231 133,231
137 0605898F MANAGEMENT HQ--R&D................ 5,590 5,590
138 0605976F FACILITIES RESTORATION AND 88,445 88,445
MODERNIZATION--TEST AND
EVALUATION SUPPORT.
139 0605978F FACILITIES SUSTAINMENT--TEST AND 29,424 29,424
EVALUATION SUPPORT.
140 0606017F REQUIREMENTS ANALYSIS AND 62,715 62,715
MATURATION.
141 0606398F MANAGEMENT HQ--T&E................ 5,013 5,013
142 0308602F ENTEPRISE INFORMATION SERVICES 17,128 17,128
(EIS).
143 0702806F ACQUISITION AND MANAGEMENT SUPPORT 5,913 5,913
144 0804731F GENERAL SKILL TRAINING............ 1,475 1,475
146 1001004F INTERNATIONAL ACTIVITIES.......... 4,071 4,071
147 1206116F SPACE TEST AND TRAINING RANGE 19,942 19,942
DEVELOPMENT.
148 1206392F SPACE AND MISSILE CENTER (SMC) 167,810 167,810
CIVILIAN WORKFORCE.
149 1206398F SPACE & MISSILE SYSTEMS CENTER-- 10,170 10,170
MHA.
150 1206860F ROCKET SYSTEMS LAUNCH PROGRAM 13,192 13,192
(SPACE).
151 1206864F SPACE TEST PROGRAM (STP).......... 26,097 26,097
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 2,916,571 2,954,571
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
.................................. UNDISTRIBUTED
152 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM 35,611 33,611
(ABMS).
.................................. Program increase--sensor [8,000]
fusion and artificial
intelligence technology.
.................................. Unjustified request........... [-10,000]
154 0604233F SPECIALIZED UNDERGRADUATE FLIGHT 2,584 2,584
TRAINING.
156 0604776F DEPLOYMENT & DISTRIBUTION 903 903
ENTERPRISE R&D.
157 0604840F F-35 C2D2......................... 694,455 694,455
158 0605018F AF INTEGRATED PERSONNEL AND PAY 40,567 40,567
SYSTEM (AF-IPPS).
159 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE 47,193 47,193
AGENCY.
160 0605117F FOREIGN MATERIEL ACQUISITION AND 70,083 70,083
EXPLOITATION.
161 0605278F HC/MC-130 RECAP RDT&E............. 17,218 17,218
162 0606018F NC3 INTEGRATION................... 25,917 25,917
164 0101113F B-52 SQUADRONS.................... 325,974 325,974
165 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 10,217 10,217
166 0101126F B-1B SQUADRONS.................... 1,000 1,000
167 0101127F B-2 SQUADRONS..................... 97,276 97,276
168 0101213F MINUTEMAN SQUADRONS............... 128,961 128,961
170 0101316F WORLDWIDE JOINT STRATEGIC 18,177 18,177
COMMUNICATIONS.
171 0101324F INTEGRATED STRATEGIC PLANNING & 24,261 24,261
ANALYSIS NETWORK.
172 0101328F ICBM REENTRY VEHICLES............. 75,571 41,271
.................................. Program delay................. [-34,300]
174 0102110F UH-1N REPLACEMENT PROGRAM......... 170,975 170,975
176 0205219F MQ-9 UAV.......................... 154,996 127,296
.................................. Program reduction............. [-27,700]
178 0207131F A-10 SQUADRONS.................... 36,816 36,816
179 0207133F F-16 SQUADRONS.................... 193,013 193,013
180 0207134F F-15E SQUADRONS................... 336,079 319,829
.................................. Unjustified F-15C requirements [-16,250]
181 0207136F MANNED DESTRUCTIVE SUPPRESSION.... 15,521 15,521
182 0207138F F-22A SQUADRONS................... 496,298 496,298
183 0207142F F-35 SQUADRONS.................... 99,943 99,943
184 0207161F TACTICAL AIM MISSILES............. 10,314 10,314
185 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR 55,384 55,384
MISSILE (AMRAAM).
186 0207227F COMBAT RESCUE--PARARESCUE......... 281 281
187 0207247F AF TENCAP......................... 21,365 21,365
188 0207249F PRECISION ATTACK SYSTEMS 10,696 10,696
PROCUREMENT.
189 0207253F COMPASS CALL...................... 15,888 15,888
190 0207268F AIRCRAFT ENGINE COMPONENT 112,505 112,505
IMPROVEMENT PROGRAM.
191 0207325F JOINT AIR-TO-SURFACE STANDOFF 78,498 78,498
MISSILE (JASSM).
192 0207410F AIR & SPACE OPERATIONS CENTER 114,864 114,864
(AOC).
193 0207412F CONTROL AND REPORTING CENTER (CRC) 8,109 8,109
194 0207417F AIRBORNE WARNING AND CONTROL 67,996 67,996
SYSTEM (AWACS).
195 0207418F TACTICAL AIRBORNE CONTROL SYSTEMS. 2,462 2,462
197 0207431F COMBAT AIR INTELLIGENCE SYSTEM 13,668 13,668
ACTIVITIES.
198 0207444F TACTICAL AIR CONTROL PARTY-MOD.... 6,217 6,217
200 0207452F DCAPES............................ 19,910 19,910
201 0207573F NATIONAL TECHNICAL NUCLEAR 1,788 1,788
FORENSICS.
202 0207590F SEEK EAGLE........................ 28,237 28,237
203 0207601F USAF MODELING AND SIMULATION...... 15,725 15,725
204 0207605F WARGAMING AND SIMULATION CENTERS.. 4,316 4,316
205 0207610F BATTLEFIELD ABN COMM NODE (BACN).. 26,946 26,946
206 0207697F DISTRIBUTED TRAINING AND EXERCISES 4,303 4,303
207 0208006F MISSION PLANNING SYSTEMS.......... 71,465 71,465
208 0208007F TACTICAL DECEPTION................ 7,446 7,446
209 0208064F OPERATIONAL HQ--CYBER............. 7,602 7,602
210 0208087F DISTRIBUTED CYBER WARFARE 35,178 35,178
OPERATIONS.
211 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 16,609 16,609
212 0208097F JOINT CYBER COMMAND AND CONTROL 11,603 11,603
(JCC2).
213 0208099F UNIFIED PLATFORM (UP)............. 84,702 84,702
219 0301025F GEOBASE........................... 2,723 2,723
220 0301112F NUCLEAR PLANNING AND EXECUTION 44,190 44,190
SYSTEM (NPES).
226 0301401F AIR FORCE SPACE AND CYBER NON- 3,575 3,575
TRADITIONAL ISR FOR BATTLESPACE
AWARENESS.
227 0302015F E-4B NATIONAL AIRBORNE OPERATIONS 70,173 42,623
CENTER (NAOC).
.................................. Unclear acquisition strategy.. [-27,550]
228 0303131F MINIMUM ESSENTIAL EMERGENCY 13,543 13,543
COMMUNICATIONS NETWORK (MEECN).
229 0303133F HIGH FREQUENCY RADIO SYSTEMS...... 15,881 15,881
230 0303140F INFORMATION SYSTEMS SECURITY 27,726 27,726
PROGRAM.
232 0303142F GLOBAL FORCE MANAGEMENT--DATA 2,210 2,210
INITIATIVE.
234 0304115F MULTI DOMAIN COMMAND AND CONTROL 150,880 150,880
(MDC2).
235 0304260F AIRBORNE SIGINT ENTERPRISE........ 102,667 85,167
.................................. Common development ahead of [-8,500]
need.
.................................. Program reduction............. [-9,000]
236 0304310F COMMERCIAL ECONOMIC ANALYSIS...... 3,431 3,431
239 0305015F C2 AIR OPERATIONS SUITE--C2 INFO 9,313 9,313
SERVICES.
240 0305020F CCMD INTELLIGENCE INFORMATION 1,121 1,121
TECHNOLOGY.
241 0305022F ISR MODERNIZATION & AUTOMATION 19,000 3,000
DVMT (IMAD).
.................................. Unjustified request........... [-16,000]
242 0305099F GLOBAL AIR TRAFFIC MANAGEMENT 4,544 4,544
(GATM).
243 0305111F WEATHER SERVICE................... 25,461 27,461
.................................. Commercial weather data pilot. [2,000]
244 0305114F AIR TRAFFIC CONTROL, APPROACH, AND 5,651 5,651
LANDING SYSTEM (ATCALS).
245 0305116F AERIAL TARGETS.................... 7,448 7,448
248 0305128F SECURITY AND INVESTIGATIVE 425 425
ACTIVITIES.
249 0305145F ARMS CONTROL IMPLEMENTATION....... 54,546 54,546
250 0305146F DEFENSE JOINT COUNTERINTELLIGENCE 6,858 6,858
ACTIVITIES.
252 0305179F INTEGRATED BROADCAST SERVICE (IBS) 8,728 8,728
253 0305202F DRAGON U-2........................ 38,939 38,939
255 0305206F AIRBORNE RECONNAISSANCE SYSTEMS... 122,909 132,909
.................................. Program increase for Gorgon [10,000]
Stare sensor enhancements.
256 0305207F MANNED RECONNAISSANCE SYSTEMS..... 11,787 11,787
257 0305208F DISTRIBUTED COMMON GROUND/SURFACE 25,009 25,009
SYSTEMS.
258 0305220F RQ-4 UAV.......................... 191,733 191,733
259 0305221F NETWORK-CENTRIC COLLABORATIVE 10,757 10,757
TARGETING.
260 0305238F NATO AGS.......................... 32,567 32,567
261 0305240F SUPPORT TO DCGS ENTERPRISE........ 37,774 37,774
262 0305600F INTERNATIONAL INTELLIGENCE 13,515 13,515
TECHNOLOGY AND ARCHITECTURES.
263 0305881F RAPID CYBER ACQUISITION........... 4,383 4,383
264 0305984F PERSONNEL RECOVERY COMMAND & CTRL 2,133 2,133
(PRC2).
265 0307577F INTELLIGENCE MISSION DATA (IMD)... 8,614 8,614
266 0401115F C-130 AIRLIFT SQUADRON............ 140,425 101,425
.................................. Contract award savings........ [-39,000]
267 0401119F C-5 AIRLIFT SQUADRONS (IF)........ 10,223 10,223
268 0401130F C-17 AIRCRAFT (IF)................ 25,101 25,101
269 0401132F C-130J PROGRAM.................... 8,640 8,640
270 0401134F LARGE AIRCRAFT IR COUNTERMEASURES 5,424 5,424
(LAIRCM).
272 0401219F KC-10S............................ 20 20
274 0401318F CV-22............................. 17,906 17,906
276 0408011F SPECIAL TACTICS / COMBAT CONTROL.. 3,629 3,629
277 0702207F DEPOT MAINTENANCE (NON-IF)........ 1,890 1,890
278 0708055F MAINTENANCE, REPAIR & OVERHAUL 10,311 10,311
SYSTEM.
279 0708610F LOGISTICS INFORMATION TECHNOLOGY 16,065 16,065
(LOGIT).
280 0708611F SUPPORT SYSTEMS DEVELOPMENT....... 539 539
281 0804743F OTHER FLIGHT TRAINING............. 2,057 2,057
282 0808716F OTHER PERSONNEL ACTIVITIES........ 10 10
283 0901202F JOINT PERSONNEL RECOVERY AGENCY... 2,060 2,060
284 0901218F CIVILIAN COMPENSATION PROGRAM..... 3,809 3,809
285 0901220F PERSONNEL ADMINISTRATION.......... 6,476 6,476
286 0901226F AIR FORCE STUDIES AND ANALYSIS 1,443 1,443
AGENCY.
287 0901538F FINANCIAL MANAGEMENT INFORMATION 9,323 9,323
SYSTEMS DEVELOPMENT.
288 0901554F DEFENSE ENTERPRISE ACNTNG AND MGT 46,789 46,789
SYS (DEAMS).
289 1201017F GLOBAL SENSOR INTEGRATED ON 3,647 3,647
NETWORK (GSIN).
290 1201921F SERVICE SUPPORT TO STRATCOM--SPACE 988 988
ACTIVITIES.
291 1202140F SERVICE SUPPORT TO SPACECOM 11,863 11,863
ACTIVITIES.
293 1203001F FAMILY OF ADVANCED BLOS TERMINALS 197,388 177,388
(FAB-T).
.................................. FET schedule slip............. [-15,000]
.................................. Unjustified growth............ [-5,000]
294 1203110F SATELLITE CONTROL NETWORK (SPACE). 61,891 61,891
297 1203173F SPACE AND MISSILE TEST AND 4,566 4,566
EVALUATION CENTER.
298 1203174F SPACE INNOVATION, INTEGRATION AND 43,292 43,292
RAPID TECHNOLOGY DEVELOPMENT.
300 1203182F SPACELIFT RANGE SYSTEM (SPACE).... 10,837 10,837
301 1203265F GPS III SPACE SEGMENT............. 42,440 42,440
302 1203400F SPACE SUPERIORITY INTELLIGENCE.... 14,428 14,428
303 1203614F JSPOC MISSION SYSTEM.............. 72,762 72,762
304 1203620F NATIONAL SPACE DEFENSE CENTER..... 2,653 2,653
306 1203873F BALLISTIC MISSILE DEFENSE RADARS.. 15,881 15,881
308 1203913F NUDET DETECTION SYSTEM (SPACE).... 49,300 49,300
309 1203940F SPACE SITUATION AWARENESS 17,834 17,834
OPERATIONS.
310 1206423F GLOBAL POSITIONING SYSTEM III-- 445,302 445,302
OPERATIONAL CONTROL SEGMENT.
311 1206770F ENTERPRISE GROUND SERVICES........ 138,870 99,070
.................................. Contract award delay.......... [-39,800]
311A 9999999999 CLASSIFIED PROGRAMS............... 18,351,506 18,229,506
.................................. Classified reduction.......... [-122,000]
.................................. SUBTOTAL OPERATIONAL SYSTEMS 24,851,488 24,501,388
DEVELOPMENT.
.................................. SUBTOTAL UNDISTRIBUTED......... -350,100
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 45,938,122 45,584,744
TEST & EVAL, AF.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, DW
.................................. BASIC RESEARCH
001 0601000BR DTRA BASIC RESEARCH............... 26,000 26,000
002 0601101E DEFENSE RESEARCH SCIENCES......... 432,284 432,284
003 0601110D8Z BASIC RESEARCH INITIATIVES........ 48,874 68,874
.................................. DEPSCOR....................... [10,000]
.................................. Program increase.............. [10,000]
004 0601117E BASIC OPERATIONAL MEDICAL RESEARCH 54,122 54,122
SCIENCE.
005 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 92,074 102,074
.................................. Civics education grant program [2,000]
.................................. Submarine industrial base [8,000]
workforce training and
education.
006 0601228D8Z HISTORICALLY BLACK COLLEGES AND 30,708 46,708
UNIVERSITIES/MINORITY
INSTITUTIONS.
.................................. Aerospace research and [2,000]
education.
.................................. Program increase.............. [14,000]
007 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE 45,238 45,238
PROGRAM.
.................................. SUBTOTAL BASIC RESEARCH........ 729,300 775,300
..................................
.................................. APPLIED RESEARCH
008 0602000D8Z JOINT MUNITIONS TECHNOLOGY........ 19,306 19,306
009 0602115E BIOMEDICAL TECHNOLOGY............. 97,771 97,771
011 0602234D8Z LINCOLN LABORATORY RESEARCH 52,317 52,317
PROGRAM.
012 0602251D8Z APPLIED RESEARCH FOR THE 62,200 55,400
ADVANCEMENT OF S&T PRIORITIES.
.................................. Computer modeling of PFAS..... [2,000]
.................................. Excess growth................. [-8,800]
013 0602303E INFORMATION & COMMUNICATIONS 442,556 437,556
TECHNOLOGY.
.................................. Unjustified growth............ [-5,000]
014 0602383E BIOLOGICAL WARFARE DEFENSE........ 34,588 34,588
015 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE 202,587 215,087
PROGRAM.
.................................. Program increase.............. [12,500]
016 0602668D8Z CYBER SECURITY RESEARCH........... 15,118 25,118
.................................. Academic cyber institutes..... [10,000]
017 0602702E TACTICAL TECHNOLOGY............... 337,602 337,602
018 0602715E MATERIALS AND BIOLOGICAL 223,976 223,976
TECHNOLOGY.
019 0602716E ELECTRONICS TECHNOLOGY............ 332,192 326,192
.................................. Unjustified growth............ [-6,000]
020 0602718BR COUNTER WEAPONS OF MASS 179,096 174,096
DESTRUCTION APPLIED RESEARCH.
.................................. Unjustified growth............ [-5,000]
021 0602751D8Z SOFTWARE ENGINEERING INSTITUTE 9,580 9,580
(SEI) APPLIED RESEARCH.
022 1160401BB SOF TECHNOLOGY DEVELOPMENT........ 40,569 40,569
.................................. SUBTOTAL APPLIED RESEARCH...... 2,049,458 2,049,158
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
023 0603000D8Z JOINT MUNITIONS ADVANCED 25,779 25,779
TECHNOLOGY.
024 0603121D8Z SO/LIC ADVANCED DEVELOPMENT....... 5,000 5,000
025 0603122D8Z COMBATING TERRORISM TECHNOLOGY 70,517 75,517
SUPPORT.
.................................. Program increase.............. [5,000]
026 0603133D8Z FOREIGN COMPARATIVE TESTING....... 24,970 24,970
028 0603160BR COUNTER WEAPONS OF MASS 340,065 338,575
DESTRUCTION ADVANCED TECHNOLOGY
DEVELOPMENT.
.................................. Excess growth................. [-1,490]
029 0603176C ADVANCED CONCEPTS AND PERFORMANCE 14,208 14,208
ASSESSMENT.
030 0603178C WEAPONS TECHNOLOGY................ 10,000 0
.................................. MD72 program termination...... [-10,000]
031 0603180C ADVANCED RESEARCH................. 20,674 27,674
.................................. Advanced carbon-carbon [7,000]
composites manufacturing.
032 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY 18,773 18,773
DEVELOPMENT.
033 0603286E ADVANCED AEROSPACE SYSTEMS........ 279,741 279,741
034 0603287E SPACE PROGRAMS AND TECHNOLOGY..... 202,606 172,606
.................................. RSGS program delays........... [-30,000]
035 0603288D8Z ANALYTIC ASSESSMENTS.............. 19,429 19,429
036 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND 37,645 37,645
CONCEPTS.
037 0603291D8Z ADVANCED INNOVATIVE ANALYSIS AND 14,668 14,668
CONCEPTS--MHA.
038 0603294C COMMON KILL VEHICLE TECHNOLOGY.... 13,600 13,600
040 0603342D8Z DEFENSE INNOVATION UNIT (DIU)..... 29,398 29,398
041 0603375D8Z TECHNOLOGY INNOVATION............. 60,000 30,000
.................................. Insufficient justification.... [-30,000]
042 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE 172,486 172,486
PROGRAM--ADVANCED DEVELOPMENT.
043 0603527D8Z RETRACT LARCH..................... 159,688 159,688
044 0603618D8Z JOINT ELECTRONIC ADVANCED 12,063 12,063
TECHNOLOGY.
045 0603648D8Z JOINT CAPABILITY TECHNOLOGY 107,359 89,859
DEMONSTRATIONS.
.................................. Program reduction............. [-17,500]
046 0603662D8Z NETWORKED COMMUNICATIONS 2,858 2,858
CAPABILITIES.
047 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE 96,397 116,397
AND TECHNOLOGY PROGRAM.
.................................. Additive manufacturing........ [10,000]
.................................. Integrated silicon based [5,000]
lasers.
.................................. Program increase.............. [5,000]
048 0603680S MANUFACTURING TECHNOLOGY PROGRAM.. 42,834 42,834
049 0603699D8Z EMERGING CAPABILITIES TECHNOLOGY 80,911 80,911
DEVELOPMENT.
050 0603712S GENERIC LOGISTICS R&D TECHNOLOGY 10,817 10,817
DEMONSTRATIONS.
051 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH 66,157 66,157
PROGRAM.
052 0603720S MICROELECTRONICS TECHNOLOGY 171,771 171,771
DEVELOPMENT AND SUPPORT.
053 0603727D8Z JOINT WARFIGHTING PROGRAM......... 4,846 4,846
054 0603739E ADVANCED ELECTRONICS TECHNOLOGIES. 128,616 128,616
055 0603760E COMMAND, CONTROL AND 232,134 232,134
COMMUNICATIONS SYSTEMS.
056 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 512,424 507,424
.................................. Unjustified increase.......... [-5,000]
057 0603767E SENSOR TECHNOLOGY................. 163,903 163,903
058 0603769D8Z DISTRIBUTED LEARNING ADVANCED 13,723 13,723
TECHNOLOGY DEVELOPMENT.
059 0603781D8Z SOFTWARE ENGINEERING INSTITUTE.... 15,111 15,111
060 0603826D8Z QUICK REACTION SPECIAL PROJECTS... 47,147 47,147
061 0603833D8Z ENGINEERING SCIENCE & TECHNOLOGY.. 19,376 19,376
062 0603924D8Z HIGH ENERGY LASER ADVANCED 85,223 85,223
TECHNOLOGY PROGRAM.
063 0603941D8Z TEST & EVALUATION SCIENCE & 175,574 185,574
TECHNOLOGY.
.................................. Program increase to support [10,000]
NDS technologies.
064 0603950D8Z NATIONAL SECURITY INNOVATION 25,000 25,000
NETWORK.
065 0604055D8Z OPERATIONAL ENERGY CAPABILITY 70,536 53,900
IMPROVEMENT.
.................................. Excess growth................. [-16,636]
066 0303310D8Z CWMD SYSTEMS...................... 28,907 28,907
068 1160402BB SOF ADVANCED TECHNOLOGY 89,154 89,154
DEVELOPMENT.
069 1206310SDA SPACE SCIENCE AND TECHNOLOGY 20,000 20,000
RESEARCH AND DEVELOPMENT.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 3,742,088 3,673,462
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT AND
PROTOTYPES
070 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 42,695 42,695
SECURITY EQUIPMENT RDT&E ADC&P.
071 0603600D8Z WALKOFF........................... 92,791 92,791
072 0603821D8Z ACQUISITION ENTERPRISE DATA & 5,659 5,659
INFORMATION SERVICES.
073 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL 66,572 68,572
CERTIFICATION PROGRAM.
.................................. ESTCP......................... [2,000]
074 0603881C BALLISTIC MISSILE DEFENSE TERMINAL 302,761 302,761
DEFENSE SEGMENT.
075 0603882C BALLISTIC MISSILE DEFENSE 1,156,506 1,237,606
MIDCOURSE DEFENSE SEGMENT.
.................................. Common booster engineering [-15,000]
early to need.
.................................. Homeland Defense Radar-Hawaii [-30,400]
delay.
.................................. RKV cancellation--on demand [-13,500]
communications.
.................................. RKV Program Termination-- [140,000]
Trasfer from RD,DW 109 for
SLEP program.
076 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE 83,662 83,662
PROGRAM--DEM/VAL.
077 0603884C BALLISTIC MISSILE DEFENSE SENSORS. 283,487 283,487
078 0603890C BMD ENABLING PROGRAMS............. 571,507 571,507
079 0603891C SPECIAL PROGRAMS--MDA............. 377,098 512,098
.................................. Classified unfunded priority.. [135,000]
080 0603892C AEGIS BMD......................... 727,479 699,479
.................................. Unjustified growth............ [-28,000]
081 0603896C BALLISTIC MISSILE DEFENSE COMMAND 564,206 562,706
AND CONTROL, BATTLE MANAGEMENT
AND COMMUNICATI.
.................................. IBCS integration delays....... [-1,500]
082 0603898C BALLISTIC MISSILE DEFENSE JOINT 51,532 51,532
WARFIGHTER SUPPORT.
083 0603904C MISSILE DEFENSE INTEGRATION & 56,161 56,161
OPERATIONS CENTER (MDIOC).
084 0603906C REGARDING TRENCH.................. 22,424 22,424
085 0603907C SEA BASED X-BAND RADAR (SBX)...... 128,156 128,156
086 0603913C ISRAELI COOPERATIVE PROGRAMS...... 300,000 300,000
087 0603914C BALLISTIC MISSILE DEFENSE TEST.... 395,924 395,924
088 0603915C BALLISTIC MISSILE DEFENSE TARGETS. 554,171 554,171
089 0603920D8Z HUMANITARIAN DEMINING............. 10,820 14,700
.................................. Program increase.............. [3,880]
090 0603923D8Z COALITION WARFARE................. 11,316 11,316
091 0604016D8Z DEPARTMENT OF DEFENSE CORROSION 3,365 3,365
PROGRAM.
092 0604115C TECHNOLOGY MATURATION INITIATIVES. 303,458 269,458
.................................. Cancel Neutral Particle Beam.. [-34,000]
093 0604132D8Z MISSILE DEFEAT PROJECT............ 17,816 10,000
.................................. Unjustified budget request-- [-7,816]
program transitioned to
services.
095 0604181C HYPERSONIC DEFENSE................ 157,425 157,425
096 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES.. 1,312,735 1,312,735
.................................. Hypervelocity Gun Weapon [80,000]
System.
.................................. Insufficient justification.... [-80,000]
097 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 542,421 547,421
.................................. Trusted and assured [5,000]
microelectronics research.
098 0604331D8Z RAPID PROTOTYPING PROGRAM......... 100,957 50,957
.................................. Uncoordinated prototyping [-50,000]
efforts.
099 0604341D8Z DEFENSE INNOVATION UNIT (DIU) 92,000 92,000
PROTOTYPING.
100 0604400D8Z DEPARTMENT OF DEFENSE (DOD) 3,021 3,021
UNMANNED SYSTEM COMMON
DEVELOPMENT.
102 0604672C HOMELAND DEFENSE RADAR--HAWAII 274,714 173,598
(HDR-H).
.................................. Funding acceleration early to [-60,000]
need.
.................................. Radar foundation and thermal [-41,116]
control system early to need.
103 0604673C PACIFIC DISCRIMINATING RADAR...... 6,711 6,711
104 0604682D8Z WARGAMING AND SUPPORT FOR 3,751 3,751
STRATEGIC ANALYSIS (SSA).
105 0604775BR DEFENSE RAPID INNOVATION PROGRAM.. 14,021 14,021
107 0604826J JOINT C5 CAPABILITY DEVELOPMENT, 20,062 20,062
INTEGRATION AND INTEROPERABILITY
ASSESSMENTS.
108 0604873C LONG RANGE DISCRIMINATION RADAR 136,423 136,423
(LRDR).
109 0604874C IMPROVED HOMELAND DEFENSE 412,363 272,363
INTERCEPTORS.
.................................. RKV Termination - transfer to [-140,000]
RD,DW 075 for SLEP program.
110 0604876C BALLISTIC MISSILE DEFENSE TERMINAL 25,137 25,137
DEFENSE SEGMENT TEST.
111 0604878C AEGIS BMD TEST.................... 169,822 169,822
112 0604879C BALLISTIC MISSILE DEFENSE SENSOR 105,530 105,530
TEST.
113 0604880C LAND-BASED SM-3 (LBSM3)........... 38,352 38,352
115 0604887C BALLISTIC MISSILE DEFENSE 98,139 98,139
MIDCOURSE SEGMENT TEST.
117 0300206R ENTERPRISE INFORMATION TECHNOLOGY 1,600 1,600
SYSTEMS.
118 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY 3,191 3,191
(JET) PROGRAM.
119 0305103C CYBER SECURITY INITIATIVE......... 1,138 1,138
120 1206410SDA SPACE TECHNOLOGY DEVELOPMENT AND 85,000 55,000
PROTOTYPING.
.................................. Missile defense studies [-30,000]
realignment.
121 1206893C SPACE TRACKING & SURVEILLANCE 35,849 35,849
SYSTEM.
122 1206895C BALLISTIC MISSILE DEFENSE SYSTEM 27,565 135,565
SPACE PROGRAMS.
.................................. Hypersonic and Ballistic [108,000]
Tracking Space Sensor.
122A 0604011D8Z NEXT GENERATION INFORMATION 275,000
COMMUNICATIONS TECHNOLOGY (5G).
.................................. NTTR and additional AF [100,000]
installation 5G network.
.................................. Program increase.............. [175,000]
.................................. SUBTOTAL ADVANCED COMPONENT 9,797,493 10,015,041
DEVELOPMENT AND PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT AND
DEMONSTRATION
123 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 11,276 11,276
SECURITY EQUIPMENT RDT&E SDD.
124 0604165D8Z PROMPT GLOBAL STRIKE CAPABILITY 107,000 76,000
DEVELOPMENT.
.................................. Transfer to RDTE, Army Line [-31,000]
100.
125 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE 384,047 374,047
PROGRAM--EMD.
.................................. Excess growth................. [-10,000]
126 0604771D8Z JOINT TACTICAL INFORMATION 40,102 40,102
DISTRIBUTION SYSTEM (JTIDS).
127 0605000BR COUNTER WEAPONS OF MASS 13,100 13,100
DESTRUCTION SYSTEMS DEVELOPMENT.
128 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 3,070 3,070
129 0605021SE HOMELAND PERSONNEL SECURITY 7,295 7,295
INITIATIVE.
130 0605022D8Z DEFENSE EXPORTABILITY PROGRAM..... 17,615 17,615
131 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES 15,653 15,653
132 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT 2,378 2,378
AND DEMONSTRATION.
133 0605075D8Z CMO POLICY AND INTEGRATION........ 1,618 1,618
134 0605080S DEFENSE AGENCY INITIATIVES (DAI)-- 27,944 27,944
FINANCIAL SYSTEM.
135 0605090S DEFENSE RETIRED AND ANNUITANT PAY 6,609 6,609
SYSTEM (DRAS).
136 0605210D8Z DEFENSE-WIDE ELECTRONIC 9,619 9,619
PROCUREMENT CAPABILITIES.
137 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS 175,032 175,032
138 0303140BL INFORMATION SYSTEMS SECURITY 425 425
PROGRAM.
139 0303141K GLOBAL COMBAT SUPPORT SYSTEM...... 1,578 1,578
140 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION 4,373 4,373
MANAGEMENT (EEIM).
141 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT 12,854 12,854
AND DEMONSTRATION.
.................................. SUBTOTAL SYSTEM DEVELOPMENT AND 841,588 800,588
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
142 0603829J JOINT CAPABILITY EXPERIMENTATION.. 13,000 13,000
143 0604774D8Z DEFENSE READINESS REPORTING SYSTEM 9,724 9,724
(DRRS).
144 0604875D8Z JOINT SYSTEMS ARCHITECTURE 9,593 9,593
DEVELOPMENT.
145 0604940D8Z CENTRAL TEST AND EVALUATION 260,267 260,267
INVESTMENT DEVELOPMENT (CTEIP).
146 0604942D8Z ASSESSMENTS AND EVALUATIONS....... 30,834 30,834
147 0605001E MISSION SUPPORT................... 68,498 68,498
148 0605100D8Z JOINT MISSION ENVIRONMENT TEST 83,091 89,091
CAPABILITY (JMETC).
.................................. Cyber range development....... [6,000]
149 0605104D8Z TECHNICAL STUDIES, SUPPORT AND 18,079 18,079
ANALYSIS.
150 0605126J JOINT INTEGRATED AIR AND MISSILE 70,038 70,038
DEFENSE ORGANIZATION (JIAMDO).
152 0605142D8Z SYSTEMS ENGINEERING............... 37,140 37,140
153 0605151D8Z STUDIES AND ANALYSIS SUPPORT--OSD. 4,759 4,759
154 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY. 8,307 8,307
155 0605170D8Z SUPPORT TO NETWORKS AND 9,441 9,441
INFORMATION INTEGRATION.
156 0605200D8Z GENERAL SUPPORT TO USD 1,700 1,700
(INTELLIGENCE).
157 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE 110,363 110,363
PROGRAM.
166 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH 3,568 3,568
(SBIR)/ SMALL BUSINESS TECHNOLOGY
TRANSFER.
167 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE.. 19,936 19,936
168 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS....... 16,875 19,875
.................................. National Science, Technology, [3,000]
and Security Roundtable with
Academia.
169 0605801KA DEFENSE TECHNICAL INFORMATION 57,716 57,716
CENTER (DTIC).
170 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, 34,448 34,448
TESTING AND EVALUATION.
171 0605804D8Z DEVELOPMENT TEST AND EVALUATION... 22,203 22,203
172 0605898E MANAGEMENT HQ--R&D................ 13,208 13,208
173 0605998KA MANAGEMENT HQ--DEFENSE TECHNICAL 3,027 3,027
INFORMATION CENTER (DTIC).
174 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS.... 8,017 8,017
175 0606225D8Z ODNA TECHNOLOGY AND RESOURCE 3,194 3,194
ANALYSIS.
176 0606589D8W DEFENSE DIGITAL SERVICE (DDS) 1,000 1,000
DEVELOPMENT SUPPORT.
179 0203345D8Z DEFENSE OPERATIONS SECURITY 3,037 3,037
INITIATIVE (DOSI).
180 0204571J JOINT STAFF ANALYTICAL SUPPORT.... 9,216 9,216
183 0303166J SUPPORT TO INFORMATION OPERATIONS 553 553
(IO) CAPABILITIES.
184 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM 1,014 1,014
OFFICE (DMDPO).
185 0305172K COMBINED ADVANCED APPLICATIONS.... 58,667 48,667
.................................. Unjustified growth............ [-10,000]
187 0305245D8Z INTELLIGENCE CAPABILITIES AND 21,081 21,081
INNOVATION INVESTMENTS.
189 0307588D8Z ALGORITHMIC WARFARE CROSS 221,235 221,235
FUNCTIONAL TEAMS.
191 0804768J COCOM EXERCISE ENGAGEMENT AND 40,073 40,073
TRAINING TRANSFORMATION (CE2T2)--
NON-MHA.
192 0808709SE DEFENSE EQUAL OPPORTUNITY 100 100
MANAGEMENT INSTITUTE (DEOMI).
193 0901598C MANAGEMENT HQ--MDA................ 27,065 27,065
194 0903235K JOINT SERVICE PROVIDER (JSP)...... 3,090 3,090
194A 9999999999 CLASSIFIED PROGRAMS............... 51,471 51,471
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 1,354,628 1,353,628
..................................
.................................. OPERATIONAL SYSTEM DEVELOPMENT
.................................. UNDISTRIBUTED
195 0604130V ENTERPRISE SECURITY SYSTEM (ESS).. 7,945 7,945
196 0604532K JOINT ARTIFICIAL INTELLIGENCE..... 208,834 208,834
197 0605127T REGIONAL INTERNATIONAL OUTREACH 1,947 1,947
(RIO) AND PARTNERSHIP FOR PEACE
INFORMATION MANA.
198 0605147T OVERSEAS HUMANITARIAN ASSISTANCE 310 310
SHARED INFORMATION SYSTEM
(OHASIS).
199 0607210D8Z INDUSTRIAL BASE ANALYSIS AND 10,051 18,551
SUSTAINMENT SUPPORT.
.................................. Advanced systems manufacturing [5,000]
.................................. Rare earth element production. [3,500]
200 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS 12,734 12,734
DEVELOPMENT.
201 0607327T GLOBAL THEATER SECURITY 14,800 10,350
COOPERATION MANAGEMENT
INFORMATION SYSTEMS (G-TSCMIS).
.................................. Excess growth................. [-4,450]
202 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE 54,023 54,023
(OPERATIONAL SYSTEMS DEVELOPMENT).
203 0208043J PLANNING AND DECISION AID SYSTEM 4,537 4,537
(PDAS).
204 0208045K C4I INTEROPERABILITY.............. 64,122 64,122
210 0302019K DEFENSE INFO INFRASTRUCTURE 15,798 15,798
ENGINEERING AND INTEGRATION.
211 0303126K LONG-HAUL COMMUNICATIONS--DCS..... 11,166 11,166
212 0303131K MINIMUM ESSENTIAL EMERGENCY 17,383 17,383
COMMUNICATIONS NETWORK (MEECN).
214 0303136G KEY MANAGEMENT INFRASTRUCTURE 54,516 54,516
(KMI).
215 0303140D8Z INFORMATION SYSTEMS SECURITY 67,631 92,631
PROGRAM.
.................................. AI and Cyber Center of [25,000]
Excellence.
216 0303140G INFORMATION SYSTEMS SECURITY 289,080 287,198
PROGRAM.
.................................. Realignment to DISA for [-1,882]
Sharkseer.
217 0303140K INFORMATION SYSTEMS SECURITY 42,796 44,678
PROGRAM.
.................................. Realignment for Sharkseer..... [1,882]
218 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 25,218 25,218
219 0303153K DEFENSE SPECTRUM ORGANIZATION..... 21,698 21,698
220 0303228K JOINT REGIONAL SECURITY STACKS 18,077 18,077
(JRSS).
222 0303430K FEDERAL INVESTIGATIVE SERVICES 44,001 44,001
INFORMATION TECHNOLOGY.
228 0305128V SECURITY AND INVESTIGATIVE 2,400 2,400
ACTIVITIES.
232 0305186D8Z POLICY R&D PROGRAMS............... 6,301 6,301
233 0305199D8Z NET CENTRICITY.................... 21,384 21,384
235 0305208BB DISTRIBUTED COMMON GROUND/SURFACE 6,359 6,359
SYSTEMS.
238 0305208K DISTRIBUTED COMMON GROUND/SURFACE 2,981 2,981
SYSTEMS.
241 0305327V INSIDER THREAT.................... 1,964 1,964
242 0305387D8Z HOMELAND DEFENSE TECHNOLOGY 2,221 2,221
TRANSFER PROGRAM.
250 0708012K LOGISTICS SUPPORT ACTIVITIES...... 1,361 1,361
251 0708012S PACIFIC DISASTER CENTERS.......... 1,770 1,770
252 0708047S DEFENSE PROPERTY ACCOUNTABILITY 3,679 3,679
SYSTEM.
254 1105219BB MQ-9 UAV.......................... 20,697 20,697
256 1160403BB AVIATION SYSTEMS.................. 245,795 262,995
.................................. Program increase--Future [8,800]
Vertical Lift.
.................................. UPL FVL realignment from RFCM. [8,400]
257 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT.. 15,484 15,484
258 1160408BB OPERATIONAL ENHANCEMENTS.......... 166,922 166,922
259 1160431BB WARRIOR SYSTEMS................... 62,332 62,332
260 1160432BB SPECIAL PROGRAMS.................. 21,805 21,805
261 1160434BB UNMANNED ISR...................... 37,377 37,377
262 1160480BB SOF TACTICAL VEHICLES............. 11,150 11,150
263 1160483BB MARITIME SYSTEMS.................. 72,626 72,626
264 1160489BB GLOBAL VIDEO SURVEILLANCE 5,363 5,363
ACTIVITIES.
265 1160490BB OPERATIONAL ENHANCEMENTS 12,962 12,962
INTELLIGENCE.
266 1203610K TELEPORT PROGRAM.................. 6,158 6,158
266A 9999999999 CLASSIFIED PROGRAMS............... 4,542,640 4,542,640
.................................. SUBTOTAL OPERATIONAL SYSTEM 6,258,398 6,304,648
DEVELOPMENT.
.................................. SUBTOTAL UNDISTRIBUTED......... 46,250
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 24,772,953 24,971,825
TEST & EVAL, DW.
..................................
.................................. OPERATIONAL TEST & EVAL, DEFENSE
.................................. MANAGEMENT SUPPORT
001 0605118OTE OPERATIONAL TEST AND EVALUATION... 93,291 93,291
002 0605131OTE LIVE FIRE TEST AND EVALUATION..... 69,172 69,172
003 0605814OTE OPERATIONAL TEST ACTIVITIES AND 58,737 58,737
ANALYSES.
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 221,200 221,200
..................................
.................................. TOTAL OPERATIONAL TEST & 221,200 221,200
EVAL, DEFENSE.
..................................
.................................. TOTAL RDT&E.................. 103,395,545 102,309,846
----------------------------------------------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS
CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS
CONTINGENCY OPERATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Line Program Element Item Request Authorized
------------------------------------------------------------------------
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
ARMY
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
074 0603327A AIR AND MISSILE 500 500
DEFENSE SYSTEMS
ENGINEERING.
079 0603747A SOLDIER SUPPORT 3,000 3,000
AND
SURVIVABILITY.
085 0603804A LOGISTICS AND 1,085 1,085
ENGINEER
EQUIPMENT--ADV
DEV.
095 0604117A MANEUVER--SHORT 6,000 0
RANGE AIR
DEFENSE (M-
SHORAD).
................ Unjustified [-6,000]
request.
097 0604119A ARMY ADVANCED 4,529 4,529
COMPONENT
DEVELOPMENT &
PROTOTYPING.
105 0604785A INTEGRATED BASE 2,000 2,000
DEFENSE (BUDGET
ACTIVITY 4).
................ SUBTOTAL 17,114 17,114
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
................
................ SYSTEM
DEVELOPMENT &
DEMONSTRATION
151 0605035A COMMON INFRARED 11,770 11,770
COUNTERMEASURES
(CIRCM).
159 0605051A AIRCRAFT 77,420 77,420
SURVIVABILITY
DEVELOPMENT.
163 0605203A ARMY SYSTEM 19,527 19,527
DEVELOPMENT &
DEMONSTRATION.
174 0304270A ELECTRONIC 3,200 3,200
WARFARE
DEVELOPMENT.
................ SUBTOTAL SYSTEM 111,917 111,917
DEVELOPMENT &
DEMONSTRATION.
................
................ RDT&E MANAGEMENT
SUPPORT
200 0606003A COUNTERINTEL AND 1,875 1,875
HUMAN INTEL
MODERNIZATION.
................ SUBTOTAL RDT&E 1,875 1,875
MANAGEMENT
SUPPORT.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
................ UNDISTRIBUTED
238 0303028A SECURITY AND 22,904 22,904
INTELLIGENCE
ACTIVITIES.
246 0305204A TACTICAL 34,100 34,100
UNMANNED AERIAL
VEHICLES.
247 0305206A AIRBORNE 14,000 14,000
RECONNAISSANCE
SYSTEMS.
252 0307665A BIOMETRICS 2,214 2,214
ENABLED
INTELLIGENCE.
................ SUBTOTAL 73,218 73,218
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL RESEARCH, 204,124 198,124
DEVELOPMENT,
TEST & EVAL,
ARMY.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
028 0603207N AIR/OCEAN 2,400 2,400
TACTICAL
APPLICATIONS.
038 0603527N RETRACT LARCH... 22,000 22,000
057 0603654N JOINT SERVICE 14,178 14,178
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
069 0603795N LAND ATTACK 1,428 1,428
TECHNOLOGY.
................ SUBTOTAL 40,006 40,006
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
................
................ SYSTEM
DEVELOPMENT &
DEMONSTRATION
143 0604755N SHIP SELF 1,122 1,122
DEFENSE (DETECT
& CONTROL).
................ SUBTOTAL SYSTEM 1,122 1,122
DEVELOPMENT &
DEMONSTRATION.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
................ UNDISTRIBUTED
228 0206313M MARINE CORPS 15,000 15,000
COMMUNICATIONS
SYSTEMS.
259A 9999999999 CLASSIFIED 108,282 108,282
PROGRAMS.
................ SUBTOTAL 123,282 123,282
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL RESEARCH, 164,410 164,410
DEVELOPMENT,
TEST & EVAL,
NAVY.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL, AF
................ ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
048 0604858F TECH TRANSITION 26,450 26,450
PROGRAM.
072 1206857F SPACE RAPID 17,885 17,885
CAPABILITIES
OFFICE.
................ SUBTOTAL 44,335 44,335
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
................
................ OPERATIONAL
SYSTEMS
DEVELOPMENT
................ UNDISTRIBUTED
177 0205671F JOINT COUNTER 4,000 4,000
RCIED
ELECTRONIC
WARFARE.
217 0208288F INTEL DATA 1,200 1,200
APPLICATIONS.
311A 9999999999 CLASSIFIED 78,713 78,713
PROGRAMS.
................ SUBTOTAL 83,913 83,913
OPERATIONAL
SYSTEMS
DEVELOPMENT.
................
................ TOTAL RESEARCH, 128,248 128,248
DEVELOPMENT,
TEST & EVAL, AF.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL, DW
................ APPLIED RESEARCH
010 0602134BR COUNTER 1,677 1,677
IMPROVISED-
THREAT ADVANCED
STUDIES.
................ SUBTOTAL APPLIED 1,677 1,677
RESEARCH.
................
................ ADVANCED
TECHNOLOGY
DEVELOPMENT
025 0603122D8Z COMBATING 25,230 25,230
TERRORISM
TECHNOLOGY
SUPPORT.
027 0603134BR COUNTER 49,528 49,528
IMPROVISED-
THREAT
SIMULATION.
................ SUBTOTAL 74,758 74,758
ADVANCED
TECHNOLOGY
DEVELOPMENT.
................
................ ADVANCED
COMPONENT
DEVELOPMENT AND
PROTOTYPES
094 0604134BR COUNTER 113,590 113,590
IMPROVISED-
THREAT
DEMONSTRATION,
PROTOTYPE
DEVELOPMENT,
AND TESTING.
................ SUBTOTAL 113,590 113,590
ADVANCED
COMPONENT
DEVELOPMENT AND
PROTOTYPES.
................
................ OPERATIONAL
SYSTEM
DEVELOPMENT
................ UNDISTRIBUTED
258 1160408BB OPERATIONAL 726 726
ENHANCEMENTS.
259 1160431BB WARRIOR SYSTEMS. 6,000 6,000
261 1160434BB UNMANNED ISR.... 5,000 5,000
266A 9999999999 CLASSIFIED 200,199 200,199
PROGRAMS.
................ SUBTOTAL 211,925 211,925
OPERATIONAL
SYSTEM
DEVELOPMENT.
................
................ TOTAL RESEARCH, 401,950 401,950
DEVELOPMENT,
TEST & EVAL, DW.
................
................ TOTAL RDT&E..... 898,732 892,732
------------------------------------------------------------------------
SEC. 4203. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR EMERGENCY
REQUIREMENTS.
------------------------------------------------------------------------
SEC. 4203. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR EMERGENCY
REQUIREMENTS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Line Program Element Item Request Authorized
------------------------------------------------------------------------
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY
................ MANAGEMENT
SUPPORT
187 0605864N TEST AND 0 129,000
EVALUATION
SUPPORT.
................ Earthquake [129,000]
damage
recovery.
................ TOTAL RESEARCH, 0 129,000
DEVELOPMENT,
TEST & EVAL,
NAVY.
................
................ RESEARCH,
DEVELOPMENT,
TEST & EVAL, AF
................ MANAGEMENT
SUPPORT
128 0605807F TEST AND 0 14,436
EVALUATION
SUPPORT.
................ Earthquake [14,436]
damage
recovery.
138 0605976F FACILITIES 0 1,060
RESTORATION AND
MODERNIZATION--
TEST AND
EVALUATION
SUPPORT.
................ Earthquake [1,060]
damage
recovery.
................ TOTAL RESEARCH, 0 15,496
DEVELOPMENT,
TEST & EVAL, AF.
................
................ TOTAL RDT&E..... 0 144,496
------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
Sec. 4303. Operation and maintenance for emergency requirements.
SEC. 4301. OPERATION AND MAINTENANCE.
------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS................ 1,735,922 1,398,674
Realignment to OCO........ [-260,548]
Unjustified growth........ [-76,700]
020 MODULAR SUPPORT BRIGADES...... 127,815 124,665
Unjustified growth........ [-3,150]
030 ECHELONS ABOVE BRIGADE........ 716,356 709,356
Unjustified growth........ [-7,000]
040 THEATER LEVEL ASSETS.......... 890,891 878,891
Unjustified growth........ [-12,000]
050 LAND FORCES OPERATIONS SUPPORT 1,232,477 1,222,977
Unjustified growth........ [-9,500]
060 AVIATION ASSETS............... 1,355,606 1,269,106
Excess to need............ [-86,500]
070 FORCE READINESS OPERATIONS 3,882,315 2,664,315
SUPPORT......................
Female personal protective [2,000]
equipment.................
Realignment to OCO........ [-1,100,000]
Unjustified growth........ [-120,000]
080 LAND FORCES SYSTEMS READINESS. 417,069 446,269
UPL MDTF INDOPACOM........ [29,200]
090 LAND FORCES DEPOT MAINTENANCE. 1,633,327 1,608,327
Unjustified growth........ [-25,000]
100 BASE OPERATIONS SUPPORT....... 8,047,933 8,002,933
Unjustified growth........ [-45,000]
110 FACILITIES SUSTAINMENT, 4,326,840 4,326,840
RESTORATION & MODERNIZATION..
120 MANAGEMENT AND OPERATIONAL 405,612 405,612
HEADQUARTERS.................
160 US AFRICA COMMAND............. 251,511 243,011
Unjustified growth........ [-8,500]
170 US EUROPEAN COMMAND........... 146,358 146,358
..............................
180 US SOUTHERN COMMAND........... 191,840 209,840
Multi-Mission Support [18,000]
Vessel....................
190 US FORCES KOREA............... 57,603 57,603
200 CYBERSPACE ACTIVITIES-- 423,156 423,156
CYBERSPACE OPERATIONS........
210 CYBERSPACE ACTIVITIES-- 551,185 551,185
CYBERSECURITY................
SUBTOTAL OPERATING FORCES. 26,393,816 24,689,118
MOBILIZATION
220 STRATEGIC MOBILITY............ 380,577 380,577
230 ARMY PREPOSITIONED STOCKS..... 362,942 362,942
240 INDUSTRIAL PREPAREDNESS....... 4,637 5,637
Advanced Manufacturing COE [1,000]
Tech Roadmapping..........
SUBTOTAL MOBILIZATION..... 748,156 749,156
TRAINING AND RECRUITING
250 OFFICER ACQUISITION........... 157,175 157,175
260 RECRUIT TRAINING.............. 55,739 55,739
270 ONE STATION UNIT TRAINING..... 62,300 62,300
280 SENIOR RESERVE OFFICERS 538,357 538,357
TRAINING CORPS...............
290 SPECIALIZED SKILL TRAINING.... 969,813 969,813
300 FLIGHT TRAINING............... 1,234,049 1,234,049
310 PROFESSIONAL DEVELOPMENT 218,338 218,338
EDUCATION....................
320 TRAINING SUPPORT.............. 554,659 552,659
Excess travel request..... [-2,000]
330 RECRUITING AND ADVERTISING.... 716,056 706,056
Unjustified growth for [-10,000]
recruiting................
340 EXAMINING..................... 185,034 185,034
350 OFF-DUTY AND VOLUNTARY 214,275 214,275
EDUCATION....................
360 CIVILIAN EDUCATION AND 147,647 147,647
TRAINING.....................
370 JUNIOR RESERVE OFFICER 173,812 173,812
TRAINING CORPS...............
SUBTOTAL TRAINING AND 5,227,254 5,215,254
RECRUITING................
ADMIN & SRVWIDE ACTIVITIES
390 SERVICEWIDE TRANSPORTATION.... 559,229 559,229
400 CENTRAL SUPPLY ACTIVITIES..... 929,944 928,944
Excess personnel.......... [-1,000]
410 LOGISTIC SUPPORT ACTIVITIES... 629,981 629,981
420 AMMUNITION MANAGEMENT......... 458,771 451,771
Unjustified growth........ [-7,000]
430 ADMINISTRATION................ 428,768 418,768
Unjustified growth........ [-10,000]
440 SERVICEWIDE COMMUNICATIONS.... 1,512,736 1,472,736
Program decrease [-40,000]
unaccounted for...........
450 MANPOWER MANAGEMENT........... 272,738 272,738
460 OTHER PERSONNEL SUPPORT....... 391,869 361,869
Unjustified growth........ [-30,000]
470 OTHER SERVICE SUPPORT......... 1,901,165 1,881,165
Unjustified headquarters [-20,000]
growth....................
480 ARMY CLAIMS ACTIVITIES........ 198,765 191,265
Historical underexecution. [-7,500]
490 REAL ESTATE MANAGEMENT........ 226,248 226,248
500 FINANCIAL MANAGEMENT AND AUDIT 315,489 292,489
READINESS....................
Program decrease [-23,000]
unaccounted for...........
510 INTERNATIONAL MILITARY 427,254 427,254
HEADQUARTERS.................
520 MISC. SUPPORT OF OTHER NATIONS 43,248 43,248
565 CLASSIFIED PROGRAMS........... 1,347,053 1,347,053
SUBTOTAL ADMIN & SRVWIDE 9,643,258 9,504,758
ACTIVITIES................
TOTAL OPERATION & 42,012,484 40,158,286
MAINTENANCE, ARMY........
OPERATION & MAINTENANCE, ARMY
RES
OPERATING FORCES
010 MODULAR SUPPORT BRIGADES...... 11,927 11,927
020 ECHELONS ABOVE BRIGADE........ 533,015 533,015
030 THEATER LEVEL ASSETS.......... 119,517 118,101
Insufficient justification [-1,416]
040 LAND FORCES OPERATIONS SUPPORT 550,468 543,468
Insufficient justification [-7,000]
050 AVIATION ASSETS............... 86,670 85,170
Unjustified growth........ [-1,500]
060 FORCE READINESS OPERATIONS 390,061 388,661
SUPPORT......................
Excess civilian increase.. [-1,400]
070 LAND FORCES SYSTEMS READINESS. 101,890 101,890
080 LAND FORCES DEPOT MAINTENANCE. 48,503 48,503
090 BASE OPERATIONS SUPPORT....... 598,907 594,707
Insufficient justification [-4,200]
100 FACILITIES SUSTAINMENT, 444,376 444,376
RESTORATION & MODERNIZATION..
110 MANAGEMENT AND OPERATIONAL 22,095 22,095
HEADQUARTERS.................
120 CYBERSPACE ACTIVITIES-- 3,288 3,288
CYBERSPACE OPERATIONS........
130 CYBERSPACE ACTIVITIES-- 7,655 7,655
CYBERSECURITY................
SUBTOTAL OPERATING FORCES. 2,918,372 2,902,856
ADMIN & SRVWD ACTIVITIES
UNDISTRIBUTED
140 SERVICEWIDE TRANSPORTATION.... 14,533 14,533
150 ADMINISTRATION................ 17,231 17,231
160 SERVICEWIDE COMMUNICATIONS.... 14,304 14,304
170 MANPOWER MANAGEMENT........... 6,129 6,129
180 RECRUITING AND ADVERTISING.... 58,541 58,541
SUBTOTAL ADMIN & SRVWD 110,738 110,738
ACTIVITIES................
200 UNDISTRIBUTED................. -25,000
Overestimation of civilian [-25,000]
FTE targets...............
SUBTOTAL UNDISTRIBUTED.... -25,000
TOTAL OPERATION & 3,029,110 2,988,594
MAINTENANCE, ARMY RES....
OPERATION & MAINTENANCE, ARNG
UNDISTRIBUTED
010 MANEUVER UNITS................ 805,671 775,671
Excess growth............. [-30,000]
020 MODULAR SUPPORT BRIGADES...... 195,334 193,334
Excess growth............. [-2,000]
030 ECHELONS ABOVE BRIGADE........ 771,048 770,548
Excess growth............. [-500]
040 THEATER LEVEL ASSETS.......... 94,726 94,226
Excess growth............. [-500]
050 LAND FORCES OPERATIONS SUPPORT 33,696 35,185
Program increase--advanced [1,489]
trauma training program...
060 AVIATION ASSETS............... 981,819 973,819
Insufficient justification [-8,000]
070 FORCE READINESS OPERATIONS 743,206 743,206
SUPPORT......................
080 LAND FORCES SYSTEMS READINESS. 50,963 50,963
090 LAND FORCES DEPOT MAINTENANCE. 258,278 254,028
Insufficient justification [-4,250]
100 BASE OPERATIONS SUPPORT....... 1,153,076 1,133,076
Insufficient justification [-20,000]
110 FACILITIES SUSTAINMENT, 1,113,475 1,113,475
RESTORATION & MODERNIZATION..
120 MANAGEMENT AND OPERATIONAL 1,001,042 987,042
HEADQUARTERS.................
Insufficient justification [-14,000]
130 CYBERSPACE ACTIVITIES-- 8,448 8,448
CYBERSPACE OPERATIONS........
140 CYBERSPACE ACTIVITIES-- 7,768 7,768
CYBERSECURITY................
SUBTOTAL OPERATING FORCES. 7,218,550 7,140,789
210 UNDISTRIBUTED................. -20,000
Overestimation of civilian [-20,000]
FTE targets...............
SUBTOTAL UNDISTRIBUTED.... -20,000
ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE TRANSPORTATION.... 9,890 9,890
160 ADMINISTRATION................ 71,070 71,070
170 SERVICEWIDE COMMUNICATIONS.... 68,213 62,213
Program decrease [-6,000]
unaccounted for...........
180 MANPOWER MANAGEMENT........... 8,628 8,628
190 OTHER PERSONNEL SUPPORT....... 250,376 250,376
200 REAL ESTATE MANAGEMENT........ 2,676 2,676
SUBTOTAL ADMIN & SRVWD 410,853 404,853
ACTIVITIES................
TOTAL OPERATION & 7,629,403 7,525,642
MAINTENANCE, ARNG........
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 5,309,109 4,659,109
OPERATIONS...................
Projected underexecution.. [-50,000]
Realignment to OCO........ [-600,000]
020 FLEET AIR TRAINING............ 2,284,828 2,249,828
Projected underexecution.. [-35,000]
030 AVIATION TECHNICAL DATA & 59,299 59,299
ENGINEERING SERVICES.........
040 AIR OPERATIONS AND SAFETY 155,896 155,896
SUPPORT......................
050 AIR SYSTEMS SUPPORT........... 719,107 719,107
060 AIRCRAFT DEPOT MAINTENANCE.... 1,154,181 1,154,181
070 AIRCRAFT DEPOT OPERATIONS 60,402 59,202
SUPPORT......................
Excess growth............. [-1,200]
080 AVIATION LOGISTICS............ 1,241,421 1,219,421
Projected underexecution.. [-22,000]
090 MISSION AND OTHER SHIP 4,097,262 3,547,262
OPERATIONS...................
Realignment to OCO........ [-450,000]
Unjustified growth........ [-100,000]
100 SHIP OPERATIONS SUPPORT & 1,031,792 1,029,792
TRAINING.....................
Excess civilian growth.... [-2,000]
110 SHIP DEPOT MAINTENANCE........ 8,061,298 8,714,298
Program increase.......... [653,000]
120 SHIP DEPOT OPERATIONS SUPPORT. 2,073,641 2,066,141
Insufficient justification [-7,500]
130 COMBAT COMMUNICATIONS AND 1,378,856 1,364,856
ELECTRONIC WARFARE...........
Unjustified growth........ [-14,000]
140 SPACE SYSTEMS AND SURVEILLANCE 276,245 273,745
Unjustified growth........ [-2,500]
150 WARFARE TACTICS............... 675,209 675,209
160 OPERATIONAL METEOROLOGY AND 389,516 389,516
OCEANOGRAPHY.................
170 COMBAT SUPPORT FORCES......... 1,536,310 1,126,310
Realignment to OCO........ [-400,000]
Unjustified growth........ [-10,000]
180 EQUIPMENT MAINTENANCE AND 161,579 161,579
DEPOT OPERATIONS SUPPORT.....
190 COMBATANT COMMANDERS CORE 59,521 59,521
OPERATIONS...................
200 COMBATANT COMMANDERS DIRECT 93,978 98,978
MISSION SUPPORT..............
Posture site assessments [5,000]
INDOPACOM.................
210 MILITARY INFORMATION SUPPORT 8,641 8,641
OPERATIONS...................
220 CYBERSPACE ACTIVITIES......... 496,385 496,385
230 FLEET BALLISTIC MISSILE....... 1,423,339 1,423,339
240 WEAPONS MAINTENANCE........... 924,069 895,032
Insufficient justification [-29,037]
250 OTHER WEAPON SYSTEMS SUPPORT.. 540,210 540,210
260 ENTERPRISE INFORMATION........ 1,131,627 1,111,627
Unjustified growth........ [-20,000]
270 SUSTAINMENT, RESTORATION AND 3,029,634 3,029,634
MODERNIZATION................
280 BASE OPERATING SUPPORT........ 4,414,943 4,414,943
SUBTOTAL OPERATING FORCES. 42,788,298 41,703,061
MOBILIZATION
290 SHIP PREPOSITIONING AND SURGE. 942,902 942,902
300 READY RESERVE FORCE........... 352,044 352,044
310 SHIP ACTIVATIONS/INACTIVATIONS 427,555 427,555
320 EXPEDITIONARY HEALTH SERVICES 137,597 137,597
SYSTEMS......................
330 COAST GUARD SUPPORT........... 24,604 24,604
SUBTOTAL MOBILIZATION..... 1,884,702 1,884,702
TRAINING AND RECRUITING
340 OFFICER ACQUISITION........... 150,765 150,765
350 RECRUIT TRAINING.............. 11,584 11,584
360 RESERVE OFFICERS TRAINING 159,133 159,133
CORPS........................
370 SPECIALIZED SKILL TRAINING.... 911,316 891,316
Insufficient justification [-20,000]
380 PROFESSIONAL DEVELOPMENT 185,211 186,261
EDUCATION....................
Program increase: Sea [1,050]
Cadets....................
390 TRAINING SUPPORT.............. 267,224 267,224
400 RECRUITING AND ADVERTISING.... 209,252 204,252
Insufficient justification [-5,000]
410 OFF-DUTY AND VOLUNTARY 88,902 88,902
EDUCATION....................
420 CIVILIAN EDUCATION AND 67,492 67,492
TRAINING.....................
430 JUNIOR ROTC................... 55,164 55,164
SUBTOTAL TRAINING AND 2,106,043 2,082,093
RECRUITING................
ADMIN & SRVWD ACTIVITIES
440 ADMINISTRATION................ 1,143,358 1,103,358
Unjustified growth........ [-40,000]
450 CIVILIAN MANPOWER AND 178,342 175,342
PERSONNEL MANAGEMENT.........
Excess civilian growth.... [-3,000]
460 MILITARY MANPOWER AND 418,413 418,413
PERSONNEL MANAGEMENT.........
490 SERVICEWIDE TRANSPORTATION.... 157,465 157,465
510 PLANNING, ENGINEERING, AND 485,397 490,397
PROGRAM SUPPORT..............
REPO...................... [5,000]
520 ACQUISITION, LOGISTICS, AND 654,137 647,137
OVERSIGHT....................
Unjustified growth........ [-7,000]
530 INVESTIGATIVE AND SECURITY 718,061 718,061
SERVICES.....................
645 CLASSIFIED PROGRAMS........... 591,535 591,535
SUBTOTAL ADMIN & SRVWD 4,346,708 4,301,708
ACTIVITIES................
UNDISTRIBUTED
650 UNDISTRIBUTED................. -20,000
Overestimation of civilian [-20,000]
FTE targets...............
SUBTOTAL UNDISTRIBUTED.... -20,000
TOTAL OPERATION & 51,125,751 49,951,564
MAINTENANCE, NAVY........
OPERATION & MAINTENANCE,
MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............ 968,224 727,224
Excess civilian growth.... [-1,000]
Realignment to OCO........ [-200,000]
Unjustified growth........ [-40,000]
020 FIELD LOGISTICS............... 1,278,533 1,064,533
Realignment to OCO........ [-200,000]
Unjustified growth........ [-14,000]
030 DEPOT MAINTENANCE............. 232,991 232,991
040 MARITIME PREPOSITIONING....... 100,396 100,396
050 CYBERSPACE ACTIVITIES......... 203,580 203,580
060 SUSTAINMENT, RESTORATION & 1,559,034 1,559,034
MODERNIZATION................
070 BASE OPERATING SUPPORT........ 2,253,776 2,223,776
Unjustified growth........ [-30,000]
SUBTOTAL OPERATING FORCES. 6,596,534 6,111,534
TRAINING AND RECRUITING
080 RECRUIT TRAINING.............. 21,240 21,240
090 OFFICER ACQUISITION........... 1,168 1,168
100 SPECIALIZED SKILL TRAINING.... 106,601 106,601
110 PROFESSIONAL DEVELOPMENT 49,095 49,095
EDUCATION....................
120 TRAINING SUPPORT.............. 407,315 407,315
130 RECRUITING AND ADVERTISING.... 210,475 210,475
140 OFF-DUTY AND VOLUNTARY 42,810 42,810
EDUCATION....................
150 JUNIOR ROTC................... 25,183 25,183
SUBTOTAL TRAINING AND 863,887 863,887
RECRUITING................
ADMIN & SRVWD ACTIVITIES
160 SERVICEWIDE TRANSPORTATION.... 29,894 29,894
170 ADMINISTRATION................ 384,352 384,352
225 CLASSIFIED PROGRAMS........... 52,057 52,057
SUBTOTAL ADMIN & SRVWD 466,303 466,303
ACTIVITIES................
TOTAL OPERATION & 7,926,724 7,441,724
MAINTENANCE, MARINE CORPS
OPERATION & MAINTENANCE, NAVY
RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 654,220 629,220
OPERATIONS...................
Unjustified growth........ [-25,000]
020 INTERMEDIATE MAINTENANCE...... 8,767 8,767
030 AIRCRAFT DEPOT MAINTENANCE.... 108,236 108,236
040 AIRCRAFT DEPOT OPERATIONS 463 463
SUPPORT......................
050 AVIATION LOGISTICS............ 26,014 26,014
060 SHIP OPERATIONS SUPPORT & 583 583
TRAINING.....................
070 COMBAT COMMUNICATIONS......... 17,883 17,883
080 COMBAT SUPPORT FORCES......... 128,079 128,079
090 CYBERSPACE ACTIVITIES......... 356 356
100 ENTERPRISE INFORMATION........ 26,133 26,133
110 SUSTAINMENT, RESTORATION AND 35,397 35,397
MODERNIZATION................
120 BASE OPERATING SUPPORT........ 101,376 101,376
SUBTOTAL OPERATING FORCES. 1,107,507 1,082,507
ADMIN & SRVWD ACTIVITIES
130 ADMINISTRATION................ 1,888 1,888
140 MILITARY MANPOWER AND 12,778 12,778
PERSONNEL MANAGEMENT.........
150 ACQUISITION AND PROGRAM 2,943 2,943
MANAGEMENT...................
SUBTOTAL ADMIN & SRVWD 17,609 17,609
ACTIVITIES................
TOTAL OPERATION & 1,125,116 1,100,116
MAINTENANCE, NAVY RES....
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES.............. 106,484 106,484
020 DEPOT MAINTENANCE............. 18,429 18,429
030 SUSTAINMENT, RESTORATION AND 47,516 47,516
MODERNIZATION................
040 BASE OPERATING SUPPORT........ 106,073 106,073
SUBTOTAL OPERATING FORCES. 278,502 278,502
ADMIN & SRVWD ACTIVITIES
050 ADMINISTRATION................ 13,574 13,574
SUBTOTAL ADMIN & SRVWD 13,574 13,574
ACTIVITIES................
TOTAL OPERATION & 292,076 292,076
MAINTENANCE, MC RESERVE..
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 729,127 729,127
020 COMBAT ENHANCEMENT FORCES..... 1,318,770 918,770
Realignment to OCO........ [-400,000]
030 AIR OPERATIONS TRAINING (OJT, 1,486,790 1,446,790
MAINTAIN SKILLS).............
Unjustified growth........ [-40,000]
040 DEPOT PURCHASE EQUIPMENT 3,334,792 3,299,792
MAINTENANCE..................
Unjustified growth........ [-35,000]
050 FACILITIES SUSTAINMENT, 4,142,435 4,142,435
RESTORATION & MODERNIZATION..
060 CYBERSPACE SUSTAINMENT........ 228,811 228,811
070 CONTRACTOR LOGISTICS SUPPORT 8,329,364 8,347,364
AND SYSTEM SUPPORT...........
Expansion of Conditions [18,000]
Based Maintenance Plus
(CBM+)....................
080 FLYING HOUR PROGRAM........... 4,048,773 3,418,773
Realignment to OCO........ [-550,000]
Unjustified growth........ [-80,000]
090 BASE OPERATIONS SUPPORT....... 7,223,982 6,933,982
Insufficient justification [-90,000]
Realignment to OCO........ [-200,000]
100 GLOBAL C3I AND EARLY WARNING.. 964,553 964,553
110 OTHER COMBAT OPS SPT PROGRAMS. 1,032,307 1,026,161
Unjustified growth........ [-6,146]
120 CYBERSPACE ACTIVITIES......... 670,076 670,076
140 LAUNCH FACILITIES............. 179,980 179,980
150 SPACE CONTROL SYSTEMS......... 467,990 464,390
Insufficient justification [-3,600]
160 US NORTHCOM/NORAD............. 184,655 184,655
170 US STRATCOM................... 478,357 478,357
180 US CYBERCOM................... 323,121 347,921
Accelerate development of [1,500]
Cyber National Mission
Force capabilities........
Cyber National Mission [5,300]
Force mobile & modular
hunt forward kit..........
ETERNALDARKNESS........... [18,000]
190 US CENTCOM.................... 160,989 160,989
200 US SOCOM...................... 6,225 6,225
210 US TRANSCOM................... 544 544
220 CENTCOM CYBERSPACE SUSTAINMENT 2,073 2,073
230 USSPACECOM.................... 70,588 70,588
235 CLASSIFIED PROGRAMS........... 1,322,944 1,316,694
Unjustified increase...... [-6,250]
SUBTOTAL OPERATING FORCES. 36,707,246 35,339,050
MOBILIZATION
240 AIRLIFT OPERATIONS............ 1,158,142 1,158,142
250 MOBILIZATION PREPAREDNESS..... 138,672 130,172
Unjustified growth........ [-8,500]
SUBTOTAL MOBILIZATION..... 1,296,814 1,288,314
TRAINING AND RECRUITING
260 OFFICER ACQUISITION........... 130,835 130,835
270 RECRUIT TRAINING.............. 26,021 26,021
280 RESERVE OFFICERS TRAINING 121,391 121,391
CORPS (ROTC).................
290 SPECIALIZED SKILL TRAINING.... 454,539 414,539
Unjustified growth........ [-40,000]
300 FLIGHT TRAINING............... 600,565 600,565
310 PROFESSIONAL DEVELOPMENT 282,788 282,788
EDUCATION....................
320 TRAINING SUPPORT.............. 123,988 113,988
Unjustified growth........ [-10,000]
330 RECRUITING AND ADVERTISING.... 167,731 162,731
Unjustified growth........ [-5,000]
340 EXAMINING..................... 4,576 4,576
350 OFF-DUTY AND VOLUNTARY 211,911 211,911
EDUCATION....................
360 CIVILIAN EDUCATION AND 219,021 219,021
TRAINING.....................
370 JUNIOR ROTC................... 62,092 62,092
SUBTOTAL TRAINING AND 2,405,458 2,350,458
RECRUITING................
ADMIN & SRVWD ACTIVITIES
UNDISTRIBUTED
380 LOGISTICS OPERATIONS.......... 664,926 664,926
390 TECHNICAL SUPPORT ACTIVITIES.. 101,483 101,483
400 ADMINISTRATION................ 892,480 892,480
410 SERVICEWIDE COMMUNICATIONS.... 152,532 122,532
Insufficient justification [-30,000]
420 OTHER SERVICEWIDE ACTIVITIES.. 1,254,089 1,204,089
Program decrease [-20,000]
unaccounted for...........
Remove one-time fiscal [-30,000]
year 2019 increase........
430 CIVIL AIR PATROL.............. 30,070 37,200
Improved emergency crew [7,130]
readiness.................
460 INTERNATIONAL SUPPORT......... 136,110 136,110
465 CLASSIFIED PROGRAMS........... 1,269,624 1,269,624
SUBTOTAL ADMIN & SRVWD 4,501,314 4,428,444
ACTIVITIES................
TOTAL OPERATION & 44,910,832 43,406,266
MAINTENANCE, AIR FORCE...
OPERATION & MAINTENANCE, SPACE
FORCE
UNDISTRIBUTED
010 BASE SUPPORT.................. 72,436 72,436
SUBTOTAL OPERATING FORCES. 72,436 72,436
TOTAL OPERATION & 72,436 72,436
MAINTENANCE, SPACE FORCE.
OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 1,781,413 1,756,413
Delay in KC-46 aircraft [-25,000]
delivery..................
020 MISSION SUPPORT OPERATIONS.... 209,650 204,150
Unjustified growth........ [-5,500]
030 DEPOT PURCHASE EQUIPMENT 494,235 484,235
MAINTENANCE..................
Excess growth............. [-10,000]
040 FACILITIES SUSTAINMENT, 128,746 128,746
RESTORATION & MODERNIZATION..
050 CONTRACTOR LOGISTICS SUPPORT 256,512 256,512
AND SYSTEM SUPPORT...........
060 BASE SUPPORT.................. 414,626 414,626
070 CYBERSPACE ACTIVITIES......... 1,673 1,673
SUBTOTAL OPERATING FORCES. 3,286,855 3,246,355
ADMINISTRATION AND SERVICEWIDE
ACTIVITIES
UNDISTRIBUTED
080 ADMINISTRATION................ 69,436 69,436
090 RECRUITING AND ADVERTISING.... 22,124 22,124
100 MILITARY MANPOWER AND PERS 10,946 10,946
MGMT (ARPC)..................
110 OTHER PERS SUPPORT (DISABILITY 7,009 7,009
COMP)........................
120 AUDIOVISUAL................... 448 448
SUBTOTAL ADMINISTRATION 109,963 109,963
AND SERVICEWIDE ACTIVITIES
TOTAL OPERATION & 3,396,818 3,356,318
MAINTENANCE, AF RESERVE..
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS........... 2,497,967 2,472,967
Delay in KC-46 aircraft [-25,000]
delivery..................
020 MISSION SUPPORT OPERATIONS.... 600,377 585,377
Insufficient justification [-15,000]
030 DEPOT PURCHASE EQUIPMENT 879,467 879,467
MAINTENANCE..................
040 FACILITIES SUSTAINMENT, 400,734 400,734
RESTORATION & MODERNIZATION..
050 CONTRACTOR LOGISTICS SUPPORT 1,299,089 1,299,089
AND SYSTEM SUPPORT...........
060 BASE SUPPORT.................. 911,775 911,775
070 CYBERSPACE SUSTAINMENT........ 24,742 24,742
080 CYBERSPACE ACTIVITIES......... 25,507 25,507
SUBTOTAL OPERATING FORCES. 6,639,658 6,599,658
ADMINISTRATION AND SERVICE-
WIDE ACTIVITIES
UNDISTRIBUTED
090 ADMINISTRATION................ 47,215 47,215
100 RECRUITING AND ADVERTISING.... 40,356 40,356
SUBTOTAL ADMINISTRATION 87,571 87,571
AND SERVICE-WIDE
ACTIVITIES................
110 UNDISTRIBUTED................. -30,000
Maintain program [-30,000]
affordability:
Overestimation of civilian
FTE targets...............
SUBTOTAL UNDISTRIBUTED.... -30,000
TOTAL OPERATION & 6,727,229 6,657,229
MAINTENANCE, ANG.........
OPERATION AND MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF......... 409,542 392,542
Program decrease [-12,000]
unaccounted for...........
Remove one-time fiscal [-5,000]
year 2019 costs...........
020 JOINT CHIEFS OF STAFF--CE2T2.. 579,179 579,179
030 JOINT CHIEFS OF STAFF--CYBER.. 24,598 24,598
040 SPECIAL OPERATIONS COMMAND 1,075,762 1,070,262
COMBAT DEVELOPMENT ACTIVITIES
Classified adjustment..... [-5,500]
050 SPECIAL OPERATIONS COMMAND 14,409 14,409
CYBERSPACE ACTIVITIES........
060 SPECIAL OPERATIONS COMMAND 501,747 486,953
INTELLIGENCE.................
DCGS--SOF - excess to need [-5,794]
Program decrease--SOCRATES [-9,000]
070 SPECIAL OPERATIONS COMMAND 559,300 544,300
MAINTENANCE..................
Projected underexecution.. [-15,000]
080 SPECIAL OPERATIONS COMMAND 177,928 177,928
MANAGEMENT/OPERATIONAL
HEADQUARTERS.................
090 SPECIAL OPERATIONS COMMAND 925,262 899,762
OPERATIONAL SUPPORT..........
Base support [-5,900]
underexecution............
Operational support [-9,600]
underexecution............
Unjustified growth--C4IAS [-10,000]
Saas......................
100 SPECIAL OPERATIONS COMMAND 2,764,738 2,250,038
THEATER FORCES...............
Program decrease.......... [-14,700]
Realignment to OCO........ [-500,000]
SUBTOTAL OPERATING FORCES. 7,032,465 6,439,971
TRAINING AND RECRUITING
120 DEFENSE ACQUISITION UNIVERSITY 180,250 180,250
130 JOINT CHIEFS OF STAFF......... 100,610 100,610
140 PROFESSIONAL DEVELOPMENT 33,967 33,967
EDUCATION....................
SUBTOTAL TRAINING AND 314,827 314,827
RECRUITING................
ADMIN & SRVWIDE ACTIVITIES
160 CIVIL MILITARY PROGRAMS....... 165,707 260,007
IRT Increase.............. [14,300]
National Guard Youth [50,000]
Challenge Program support.
Program increase--STARBASE [30,000]
180 DEFENSE CONTRACT AUDIT AGENCY. 627,467 627,467
190 DEFENSE CONTRACT AUDIT AGENCY-- 3,362 3,362
CYBER........................
200 DEFENSE CONTRACT MANAGEMENT 1,438,068 1,418,068
AGENCY.......................
Program decrease.......... [-20,000]
210 DEFENSE CONTRACT MANAGEMENT 24,391 24,391
AGENCY--CYBER................
220 DEFENSE HUMAN RESOURCES 892,438 882,438
ACTIVITY.....................
Defense Manpower Data [-5,000]
Center--Excess Growth.....
Enterprise Operations [-5,000]
Center--Excess Growth.....
230 DEFENSE INFORMATION SYSTEMS 2,012,885 1,992,885
AGENCY.......................
Unjustified growth........ [-20,000]
240 DEFENSE INFORMATION SYSTEMS 601,223 636,360
AGENCY--CYBER................
Sharkseer transfer........ [35,137]
270 DEFENSE LEGAL SERVICES AGENCY. 34,632 34,632
280 DEFENSE LOGISTICS AGENCY...... 415,699 435,199
Program increase--PTAP.... [19,500]
290 DEFENSE MEDIA ACTIVITY........ 202,792 202,792
300 DEFENSE PERSONNEL ACCOUNTING 144,881 144,881
AGENCY.......................
310 DEFENSE SECURITY COOPERATION 696,884 666,884
AGENCY.......................
Assessment, monitoring, [11,000]
and evaluation............
Security cooperation [-11,000]
account...................
Unjustified growth........ [-30,000]
320 DEFENSE SECURITY SERVICE...... 889,664 889,664
340 DEFENSE SECURITY SERVICE-- 9,220 9,220
CYBER........................
360 DEFENSE TECHNICAL INFORMATION 3,000 3,000
CENTER.......................
370 DEFENSE TECHNOLOGY SECURITY 35,626 35,626
ADMINISTRATION...............
380 DEFENSE THREAT REDUCTION 568,133 568,133
AGENCY.......................
400 DEFENSE THREAT REDUCTION 13,339 13,339
AGENCY--CYBER................
410 DEPARTMENT OF DEFENSE 2,932,226 2,912,226
EDUCATION ACTIVITY...........
Remove one-time fiscal [-50,000]
year 2019 increase........
Overestimation of civilian [-20,000]
FTE targets...............
Program increase--impact [10,000]
aid for children with
severe disabilites........
Program increase--impact [40,000]
aid to schools with
military dependents.......
420 MISSILE DEFENSE AGENCY........ 522,529 509,859
THAAD prior year under- [-12,670]
execution.................
450 OFFICE OF ECONOMIC ADJUSTMENT. 59,513 134,513
Defense Community [75,000]
Infrastructure Program
(DCIP)....................
460 OFFICE OF THE SECRETARY OF 1,604,738 1,625,738
DEFENSE......................
Bien Hoa dioxin cleanup... [15,000]
CDC study................. [10,000]
Emerging contaminants..... [1,000]
Excess growth............. [-37,000]
Interstate compacts for [4,000]
licensure and
credentialing.............
Military aviation safety [3,000]
commission................
Readiness and [25,000]
Environmental Protection
Initiative increase.......
470 OFFICE OF THE SECRETARY OF 48,783 48,783
DEFENSE--CYBER...............
480 SPACE DEVELOPMENT AGENCY...... 44,750 34,750
Insufficient justification [-10,000]
500 WASHINGTON HEADQUARTERS 324,001 296,201
SERVICES.....................
Insufficient justification [-27,800]
505 CLASSIFIED PROGRAMS........... 15,816,598 15,757,457
Classified adjustment..... [-24,004]
Realignment to DISA for [-35,137]
Sharkseer.................
SUBTOTAL ADMIN & SRVWIDE 30,132,549 30,167,875
ACTIVITIES................
TOTAL OPERATION AND 37,479,841 36,922,673
MAINTENANCE, DEFENSE-WIDE
TOTAL OPERATION & -557,168
MAINTENANCE, DEFENSE-WIDE
US COURT OF APPEALS FOR ARMED
FORCES, DEF
ADMINISTRATION AND ASSOCIATED
ACTIVITIES
010 US COURT OF APPEALS FOR THE 14,771 14,771
ARMED FORCES, DEFENSE........
SUBTOTAL ADMINISTRATION 14,771 14,771
AND ASSOCIATED ACTIVITIES.
TOTAL US COURT OF APPEALS 14,771 14,771
FOR ARMED FORCES, DEF....
DOD ACQUISITION WORKFORCE
DEVELOPMENT FUND
ACQUISITION WORKFORCE
DEVELOPMENT
010 ACQ WORKFORCE DEV FD.......... 400,000 400,000
SUBTOTAL ACQUISITION 400,000 400,000
WORKFORCE DEVELOPMENT.....
TOTAL DOD ACQUISITION 400,000 400,000
WORKFORCE DEVELOPMENT
FUND.....................
OVERSEAS HUMANITARIAN,
DISASTER, AND CIVIC AID
HUMANITARIAN ASSISTANCE
010 OVERSEAS HUMANITARIAN, 108,600 117,663
DISASTER AND CIVIC AID.......
Increase for foreign [6,822]
disaster relief...........
Increase for humanitarian [2,241]
mine action program.......
SUBTOTAL HUMANITARIAN 108,600 117,663
ASSISTANCE................
TOTAL OVERSEAS 108,600 117,663
HUMANITARIAN, DISASTER,
AND CIVIC AID............
COOPERATIVE THREAT REDUCTION
ACCOUNT
COOPERATIVE THREAT REDUCTION
010 COOPERATIVE THREAT REDUCTION.. 338,700 358,700
Cooperative biological [20,000]
engagement................
SUBTOTAL COOPERATIVE 338,700 358,700
THREAT REDUCTION..........
TOTAL COOPERATIVE THREAT 338,700 358,700
REDUCTION ACCOUNT........
ENVIRONMENTAL RESTORATION,
ARMY
DEPARTMENT OF THE ARMY
050 ENVIRONMENTAL RESTORATION, 207,518 212,518
ARMY.........................
Perfluorinated chemicals.. [5,000]
SUBTOTAL DEPARTMENT OF THE 207,518 212,518
ARMY......................
TOTAL ENVIRONMENTAL 207,518 290,582
RESTORATION, ARMY........
ENVIRONMENTAL RESTORATION,
NAVY
DEPARTMENT OF THE NAVY
060 ENVIRONMENTAL RESTORATION, 335,932 350,932
NAVY.........................
Perfluorinated chemicals.. [5,000]
Unexploded ordnance [10,000]
remediation...............
SUBTOTAL DEPARTMENT OF THE 335,932 350,932
NAVY......................
TOTAL ENVIRONMENTAL 335,932 418,996
RESTORATION, NAVY........
ENVIRONMENTAL RESTORATION, AIR
FORCE
DEPARTMENT OF THE AIR FORCE
070 ENVIRONMENTAL RESTORATION, AIR 302,744 365,808
FORCE........................
Perfluorinated chemicals.. [63,064]
SUBTOTAL DEPARTMENT OF THE 302,744 365,808
AIR FORCE.................
TOTAL ENVIRONMENTAL 302,744 385,808
RESTORATION, AIR FORCE...
ENVIRONMENTAL RESTORATION,
DEFENSE-WIDE
080 ENVIRONMENTAL RESTORATION, 9,105 9,105
DEFENSE-WIDE.................
SUBTOTAL DEFENSE-WIDE..... 9,105 9,105
TOTAL ENVIRONMENTAL 9,105 92,169
RESTORATION, DEFENSE-WIDE
ENVIRONMENTAL RESTORATION
FORMERLY USED SITES
DEFENSE-WIDE
090 ENVIRONMENTAL RESTORATION 216,499 216,499
FORMERLY USED SITES..........
SUBTOTAL DEFENSE-WIDE..... 216,499 216,499
TOTAL ENVIRONMENTAL 216,499 216,499
RESTORATION FORMERLY USED
SITES....................
TOTAL OPERATION & 207,661,689 201,610,944
MAINTENANCE..............
------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY
OPERATIONS.
------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS................ 1,410,874 1,671,422
Realignment from base..... [260,548]
030 ECHELONS ABOVE BRIGADE........ 26,502 26,502
040 THEATER LEVEL ASSETS.......... 2,274,490 2,259,490
Unjustified growth........ [-15,000]
050 LAND FORCES OPERATIONS SUPPORT 136,288 136,288
060 AVIATION ASSETS............... 300,240 300,240
070 FORCE READINESS OPERATIONS 3,415,009 4,510,009
SUPPORT......................
Insufficient justification [-5,000]
Realignment from base..... [1,100,000]
080 LAND FORCES SYSTEMS READINESS. 29,985 29,985
090 LAND FORCES DEPOT MAINTENANCE. 86,931 86,931
100 BASE OPERATIONS SUPPORT....... 115,706 115,706
110 FACILITIES SUSTAINMENT, 72,657 72,657
RESTORATION & MODERNIZATION..
130 ADDITIONAL ACTIVITIES......... 6,397,586 6,385,586
Insufficient justification [-12,000]
140 COMMANDER'S EMERGENCY RESPONSE 5,000 2,500
PROGRAM......................
Insufficient justification [-2,500]
150 RESET......................... 1,048,896 1,048,896
160 US AFRICA COMMAND............. 203,174 203,174
170 US EUROPEAN COMMAND........... 173,676 173,676
200 CYBERSPACE ACTIVITIES-- 188,529 188,529
CYBERSPACE OPERATIONS........
210 CYBERSPACE ACTIVITIES-- 5,682 5,682
CYBERSECURITY................
SUBTOTAL OPERATING FORCES. 15,891,225 17,217,273
MOBILIZATION
230 ARMY PREPOSITIONED STOCKS..... 131,954 131,954
SUBTOTAL MOBILIZATION..... 131,954 131,954
ADMIN & SRVWIDE ACTIVITIES
390 SERVICEWIDE TRANSPORTATION.... 721,014 721,014
400 CENTRAL SUPPLY ACTIVITIES..... 66,845 66,845
410 LOGISTIC SUPPORT ACTIVITIES... 9,309 9,309
420 AMMUNITION MANAGEMENT......... 23,653 23,653
460 OTHER PERSONNEL SUPPORT....... 109,019 109,019
490 REAL ESTATE MANAGEMENT........ 251,355 251,355
565 CLASSIFIED PROGRAMS........... 1,568,564 1,568,564
SUBTOTAL ADMIN & SRVWIDE 2,749,759 2,749,759
ACTIVITIES................
TOTAL OPERATION & 18,772,938 20,098,986
MAINTENANCE, ARMY........
OPERATION & MAINTENANCE, ARMY
RES
OPERATING FORCES
020 ECHELONS ABOVE BRIGADE........ 20,440 20,440
060 FORCE READINESS OPERATIONS 689 689
SUPPORT......................
090 BASE OPERATIONS SUPPORT....... 16,463 16,463
SUBTOTAL OPERATING FORCES. 37,592 37,592
TOTAL OPERATION & 37,592 37,592
MAINTENANCE, ARMY RES....
OPERATION & MAINTENANCE, ARNG
UNDISTRIBUTED
010 MANEUVER UNITS................ 45,896 45,896
020 MODULAR SUPPORT BRIGADES...... 180 180
030 ECHELONS ABOVE BRIGADE........ 2,982 2,982
040 THEATER LEVEL ASSETS.......... 548 548
060 AVIATION ASSETS............... 9,229 9,229
070 FORCE READINESS OPERATIONS 1,584 1,584
SUPPORT......................
100 BASE OPERATIONS SUPPORT....... 22,063 22,063
120 MANAGEMENT AND OPERATIONAL 606 606
HEADQUARTERS.................
SUBTOTAL OPERATING FORCES. 83,088 83,088
ADMIN & SRVWD ACTIVITIES
170 SERVICEWIDE COMMUNICATIONS.... 203 203
SUBTOTAL ADMIN & SRVWD 203 203
ACTIVITIES................
TOTAL OPERATION & 83,291 83,291
MAINTENANCE, ARNG........
AFGHANISTAN SECURITY FORCES
FUND
AFGHAN NATIONAL ARMY
090 SUSTAINMENT................... 1,313,047 1,313,047
100 INFRASTRUCTURE................ 37,152 37,152
110 EQUIPMENT AND TRANSPORTATION.. 120,868 120,868
120 TRAINING AND OPERATIONS....... 118,591 118,591
SUBTOTAL AFGHAN NATIONAL 1,589,658 1,589,658
ARMY......................
AFGHAN NATIONAL POLICE
130 SUSTAINMENT................... 422,806 422,806
140 INFRASTRUCTURE................ 2,358 2,358
150 EQUIPMENT AND TRANSPORTATION.. 127,081 127,081
160 TRAINING AND OPERATIONS....... 108,112 108,112
SUBTOTAL AFGHAN NATIONAL 660,357 660,357
POLICE....................
AFGHAN AIR FORCE
170 SUSTAINMENT................... 893,829 893,829
180 INFRASTRUCTURE................ 8,611 8,611
190 EQUIPMENT AND TRANSPORTATION.. 566,967 566,967
200 TRAINING AND OPERATIONS....... 356,108 356,108
SUBTOTAL AFGHAN AIR FORCE. 1,825,515 1,825,515
AFGHAN SPECIAL SECURITY FORCES
210 SUSTAINMENT................... 437,909 437,909
220 INFRASTRUCTURE................ 21,131 21,131
230 EQUIPMENT AND TRANSPORTATION.. 153,806 153,806
240 TRAINING AND OPERATIONS....... 115,602 115,602
SUBTOTAL AFGHAN SPECIAL 728,448 728,448
SECURITY FORCES...........
UNDISTRIBUTED
245 UNDISTRIBUTED................. -300,000
Unjustified request....... [-300,000]
SUBTOTAL UNDISTRIBUTED.... -300,000
TOTAL AFGHANISTAN 4,803,978 4,503,978
SECURITY FORCES FUND.....
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
010 IRAQ.......................... 745,000 545,000
Program decrease.......... [-100,000]
Transfer to DSCA Security [-100,000]
Cooperation...............
020 SYRIA......................... 300,000 300,000
SUBTOTAL COUNTER ISIS 1,045,000 845,000
TRAIN AND EQUIP FUND
(CTEF)....................
TOTAL COUNTER ISIS TRAIN 1,045,000 845,000
AND EQUIP FUND (CTEF)....
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 373,047 973,047
OPERATIONS...................
Realignment from base..... [600,000]
030 AVIATION TECHNICAL DATA & 816 816
ENGINEERING SERVICES.........
040 AIR OPERATIONS AND SAFETY 9,582 9,582
SUPPORT......................
050 AIR SYSTEMS SUPPORT........... 197,262 197,262
060 AIRCRAFT DEPOT MAINTENANCE.... 168,246 168,246
070 AIRCRAFT DEPOT OPERATIONS 3,594 3,594
SUPPORT......................
080 AVIATION LOGISTICS............ 10,618 10,618
090 MISSION AND OTHER SHIP 1,485,108 1,935,108
OPERATIONS...................
Realignment from base..... [450,000]
100 SHIP OPERATIONS SUPPORT & 20,334 20,334
TRAINING.....................
110 SHIP DEPOT MAINTENANCE........ 2,365,615 2,365,615
130 COMBAT COMMUNICATIONS AND 58,092 58,092
ELECTRONIC WARFARE...........
140 SPACE SYSTEMS AND SURVEILLANCE 18,000 18,000
150 WARFARE TACTICS............... 16,984 16,984
160 OPERATIONAL METEOROLOGY AND 29,382 29,382
OCEANOGRAPHY.................
170 COMBAT SUPPORT FORCES......... 608,870 1,008,870
Realignment from base..... [400,000]
180 EQUIPMENT MAINTENANCE AND 7,799 7,799
DEPOT OPERATIONS SUPPORT.....
200 COMBATANT COMMANDERS DIRECT 24,800 24,800
MISSION SUPPORT..............
220 CYBERSPACE ACTIVITIES......... 363 363
240 WEAPONS MAINTENANCE........... 486,188 486,188
250 OTHER WEAPON SYSTEMS SUPPORT.. 12,189 12,189
270 SUSTAINMENT, RESTORATION AND 68,667 68,667
MODERNIZATION................
280 BASE OPERATING SUPPORT........ 219,099 219,099
SUBTOTAL OPERATING FORCES. 6,184,655 7,634,655
MOBILIZATION
320 EXPEDITIONARY HEALTH SERVICES 17,580 17,580
SYSTEMS......................
330 COAST GUARD SUPPORT........... 190,000 190,000
SUBTOTAL MOBILIZATION..... 207,580 207,580
TRAINING AND RECRUITING
370 SPECIALIZED SKILL TRAINING.... 52,161 52,161
SUBTOTAL TRAINING AND 52,161 52,161
RECRUITING................
ADMIN & SRVWD ACTIVITIES
440 ADMINISTRATION................ 8,475 8,475
460 MILITARY MANPOWER AND 7,653 7,653
PERSONNEL MANAGEMENT.........
490 SERVICEWIDE TRANSPORTATION.... 70,683 70,683
520 ACQUISITION, LOGISTICS, AND 11,130 11,130
OVERSIGHT....................
530 INVESTIGATIVE AND SECURITY 1,559 1,559
SERVICES.....................
645 CLASSIFIED PROGRAMS........... 17,754 17,754
SUBTOTAL ADMIN & SRVWD 117,254 117,254
ACTIVITIES................
TOTAL OPERATION & 6,561,650 8,011,650
MAINTENANCE, NAVY........
OPERATION & MAINTENANCE,
MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............ 714,653 914,653
Realignment from base..... [200,000]
020 FIELD LOGISTICS............... 232,508 432,508
Realignment from base..... [200,000]
030 DEPOT MAINTENANCE............. 54,101 54,101
050 CYBERSPACE ACTIVITIES......... 2,000 2,000
070 BASE OPERATING SUPPORT........ 24,570 24,570
SUBTOTAL OPERATING FORCES. 1,027,832 1,427,832
TRAINING AND RECRUITING
120 TRAINING SUPPORT.............. 30,459 30,459
SUBTOTAL TRAINING AND 30,459 30,459
RECRUITING................
ADMIN & SRVWD ACTIVITIES
160 SERVICEWIDE TRANSPORTATION.... 61,400 61,400
225 CLASSIFIED PROGRAMS........... 5,100 5,100
SUBTOTAL ADMIN & SRVWD 66,500 66,500
ACTIVITIES................
TOTAL OPERATION & 1,124,791 1,524,791
MAINTENANCE, MARINE CORPS
OPERATION & MAINTENANCE, NAVY
RES
OPERATING FORCES
020 INTERMEDIATE MAINTENANCE...... 510 510
030 AIRCRAFT DEPOT MAINTENANCE.... 11,628 11,628
080 COMBAT SUPPORT FORCES......... 10,898 10,898
SUBTOTAL OPERATING FORCES. 23,036 23,036
TOTAL OPERATION & 23,036 23,036
MAINTENANCE, NAVY RES....
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES.............. 7,627 7,627
040 BASE OPERATING SUPPORT........ 1,080 1,080
SUBTOTAL OPERATING FORCES. 8,707 8,707
TOTAL OPERATION & 8,707 8,707
MAINTENANCE, MC RESERVE..
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 163,632 163,632
020 COMBAT ENHANCEMENT FORCES..... 1,049,170 1,449,170
Realignment from base..... [400,000]
030 AIR OPERATIONS TRAINING (OJT, 111,808 111,808
MAINTAIN SKILLS).............
040 DEPOT PURCHASE EQUIPMENT 408,699 408,699
MAINTENANCE..................
050 FACILITIES SUSTAINMENT, 147,264 147,264
RESTORATION & MODERNIZATION..
060 CYBERSPACE SUSTAINMENT........ 10,061 10,061
070 CONTRACTOR LOGISTICS SUPPORT 953,594 953,594
AND SYSTEM SUPPORT...........
080 FLYING HOUR PROGRAM........... 2,495,266 3,045,266
Realignment from base..... [550,000]
090 BASE OPERATIONS SUPPORT....... 1,538,120 1,738,120
Realignment from base..... [200,000]
100 GLOBAL C3I AND EARLY WARNING.. 13,863 13,863
110 OTHER COMBAT OPS SPT PROGRAMS. 272,020 272,020
120 CYBERSPACE ACTIVITIES......... 17,657 17,657
130 TACTICAL INTEL AND OTHER 36,098 36,098
SPECIAL ACTIVITIES...........
140 LAUNCH FACILITIES............. 391 391
150 SPACE CONTROL SYSTEMS......... 39,990 39,990
160 US NORTHCOM/NORAD............. 725 725
170 US STRATCOM................... 926 926
180 US CYBERCOM................... 35,189 35,189
190 US CENTCOM.................... 163,015 163,015
200 US SOCOM...................... 19,000 19,000
SUBTOTAL OPERATING FORCES. 7,476,488 8,626,488
MOBILIZATION
240 AIRLIFT OPERATIONS............ 1,271,439 1,271,439
250 MOBILIZATION PREPAREDNESS..... 109,682 109,682
SUBTOTAL MOBILIZATION..... 1,381,121 1,381,121
TRAINING AND RECRUITING
260 OFFICER ACQUISITION........... 200 200
270 RECRUIT TRAINING.............. 352 352
290 SPECIALIZED SKILL TRAINING.... 26,802 26,802
300 FLIGHT TRAINING............... 844 844
310 PROFESSIONAL DEVELOPMENT 1,199 1,199
EDUCATION....................
320 TRAINING SUPPORT.............. 1,320 1,320
SUBTOTAL TRAINING AND 30,717 30,717
RECRUITING................
ADMIN & SRVWD ACTIVITIES
UNDISTRIBUTED
380 LOGISTICS OPERATIONS.......... 164,701 164,701
390 TECHNICAL SUPPORT ACTIVITIES.. 11,608 11,608
400 ADMINISTRATION................ 4,814 4,814
410 SERVICEWIDE COMMUNICATIONS.... 145,204 145,204
420 OTHER SERVICEWIDE ACTIVITIES.. 98,841 98,841
460 INTERNATIONAL SUPPORT......... 29,890 29,890
465 CLASSIFIED PROGRAMS........... 52,995 52,995
SUBTOTAL ADMIN & SRVWD 508,053 508,053
ACTIVITIES................
TOTAL OPERATION & 9,396,379 10,546,379
MAINTENANCE, AIR FORCE...
OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
030 DEPOT PURCHASE EQUIPMENT 24,188 24,188
MAINTENANCE..................
060 BASE SUPPORT.................. 5,570 5,570
SUBTOTAL OPERATING FORCES. 29,758 29,758
TOTAL OPERATION & 29,758 29,758
MAINTENANCE, AF RESERVE..
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
020 MISSION SUPPORT OPERATIONS.... 3,666 3,666
030 DEPOT PURCHASE EQUIPMENT 66,944 66,944
MAINTENANCE..................
050 CONTRACTOR LOGISTICS SUPPORT 93,620 93,620
AND SYSTEM SUPPORT...........
060 BASE SUPPORT.................. 12,679 12,679
SUBTOTAL OPERATING FORCES. 176,909 176,909
TOTAL OPERATION & 176,909 176,909
MAINTENANCE, ANG.........
OPERATION AND MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF......... 21,866 21,866
020 JOINT CHIEFS OF STAFF--CE2T2.. 6,634 6,634
040 SPECIAL OPERATIONS COMMAND 1,121,580 1,111,580
COMBAT DEVELOPMENT ACTIVITIES
Classified adjustment..... [-10,000]
060 SPECIAL OPERATIONS COMMAND 1,328,201 1,328,201
INTELLIGENCE.................
070 SPECIAL OPERATIONS COMMAND 399,845 399,845
MAINTENANCE..................
090 SPECIAL OPERATIONS COMMAND 138,458 103,458
OPERATIONAL SUPPORT..........
Projected underexecution-- [-35,000]
communications............
100 SPECIAL OPERATIONS COMMAND 808,729 1,308,729
THEATER FORCES...............
Realignment from base..... [500,000]
SUBTOTAL OPERATING FORCES. 3,825,313 4,280,313
ADMIN & SRVWIDE ACTIVITIES
180 DEFENSE CONTRACT AUDIT AGENCY. 1,810 1,810
200 DEFENSE CONTRACT MANAGEMENT 21,723 21,723
AGENCY.......................
230 DEFENSE INFORMATION SYSTEMS 81,133 81,133
AGENCY.......................
240 DEFENSE INFORMATION SYSTEMS 3,455 3,455
AGENCY--CYBER................
270 DEFENSE LEGAL SERVICES AGENCY. 196,124 196,124
290 DEFENSE MEDIA ACTIVITY........ 14,377 14,377
310 DEFENSE SECURITY COOPERATION 1,927,217 1,677,217
AGENCY.......................
Security cooperation [-37,030]
account, unjustified
growth....................
Transfer from CTEF Iraq... [100,000]
Transfer of funds to [-250,000]
Ukraine Security
Assistance Initiative.....
Unjustified growth........ [-62,970]
380 DEFENSE THREAT REDUCTION 317,558 317,558
AGENCY.......................
410 DEPARTMENT OF DEFENSE 31,620 31,620
EDUCATION ACTIVITY...........
460 OFFICE OF THE SECRETARY OF 16,666 16,666
DEFENSE......................
500 WASHINGTON HEADQUARTERS 6,331 6,331
SERVICES.....................
505 CLASSIFIED PROGRAMS........... 1,924,785 1,924,785
SUBTOTAL ADMIN & SRVWIDE 4,542,799 4,292,799
ACTIVITIES................
TOTAL OPERATION AND 8,368,112 8,573,112
MAINTENANCE, DEFENSE-WIDE
TOTAL OPERATION & 205,000
MAINTENANCE, DEFENSE-WIDE
UKRAINE SECURITY ASSISTANCE
UKRAINE SECURITY ASSISTANCE
010 UKRAINE SECURITY ASSISTANCE 300,000
INITIATIVE...................
Program increase.......... [50,000]
Transfer of funds from [250,000]
Defense Security
Cooperation Agency........
SUBTOTAL UKRAINE SECURITY 300,000
ASSISTANCE................
TOTAL UKRAINE SECURITY 300,000
ASSISTANCE...............
TOTAL OPERATION & 50,432,141 54,968,189
MAINTENANCE..............
------------------------------------------------------------------------
SEC. 4303. OPERATION AND MAINTENANCE FOR EMERGENCY REQUIREMENTS.
------------------------------------------------------------------------
SEC. 4303. OPERATION AND MAINTENANCE FOR EMERGENCY REQUIREMENTS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
270 SUSTAINMENT, RESTORATION AND 0 462,000
MODERNIZATION.................
Earthquake damage repair... [370,000]
Navy Working Capital Fund [92,000]
earthquake recovery losses.
280 BASE OPERATING SUPPORT......... 0 9,000
Earthquake damage recovery. [9,000]
TOTAL OPERATION & MAINTENANCE, 0 471,000
NAVY..........................
OPERATION & MAINTENANCE, MARINE
CORPS
OPERATING FORCES
060 SUSTAINMENT, RESTORATION & 0 6,000
MODERNIZATION.................
Earthquake damage repair... [6,000]
TOTAL OPERATION & MAINTENANCE, 0 6,000
MARINE CORPS..................
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
040 FACILITIES SUSTAINMENT, 0 58,900
RESTORATION & MODERNIZATION...
Hurricane recovery......... [58,900]
TOTAL OPERATION & MAINTENANCE, 0 58,900
ANG...........................
TOTAL OPERATION & MAINTENANCE.. 0 535,900
------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
SEC. 4401. MILITARY PERSONNEL.
------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations..... 143,476,503 142,676,503
Historical unobligated balances....... [-800,000]
Medicare-Eligible Retiree Health Fund 7,816,815 7,816,815
Contributions........................
------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations..... 4,485,808 4,485,808
Total, Military Personnel 4,485,808 4,485,808
Appropriations.....................
------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
SEC. 4501. OTHER AUTHORIZATIONS.
------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Program Title Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
INDUSTRIAL OPERATIONS................. 57,467 57,467
SUPPLY MANAGEMENT--ARMY............... 32,130 32,130
TOTAL WORKING CAPITAL FUND, ARMY.... 89,597 89,597
WORKING CAPITAL FUND, AIR FORCE
TRANSPORTATION
SUPPLIES AND MATERIALS................ 92,499 92,499
TOTAL WORKING CAPITAL FUND, AIR 92,499 92,499
FORCE..............................
WORKING CAPITAL FUND, DEFENSE-WIDE
SUPPLY CHAIN MANAGEMENT--DEF.......... 49,085 49,085
TOTAL WORKING CAPITAL FUND, DEFENSE- 49,085 49,085
WIDE...............................
WORKING CAPITAL FUND, DECA
WORKING CAPITAL FUND, DECA............ 995,030 995,030
TOTAL WORKING CAPITAL FUND, DECA.... 995,030 995,030
WCF, DEF COUNTERINTELLIGENCE &
SECURITY AGENCY
DEFENSE COUNTERINTELLIGENCE AND 200,000 200,000
SECURITY AGENCY......................
TOTAL WCF, DEF COUNTERINTELLIGENCE & 200,000 200,000
SECURITY AGENCY....................
CHEM AGENTS & MUNITIONS DESTRUCTION
OPERATION & MAINTENANCE............... 107,351 107,351
RDT&E................................. 875,930 875,930
PROCUREMENT........................... 2,218 2,218
TOTAL CHEM AGENTS & MUNITIONS 985,499 985,499
DESTRUCTION........................
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
COUNTER-NARCOTICS SUPPORT............. 581,739 532,818
Realignment of National Guard [-30,921]
Bureau funding...................
Unjustified growth............... [-18,000]
DRUG DEMAND REDUCTION PROGRAM......... 120,922 120,922
NATIONAL GUARD COUNTER-DRUG PROGRAM... 91,370 122,291
Realignment of National Guard [30,921]
Bureau funding...................
NATIONAL GUARD COUNTER-DRUG SCHOOLS... 5,371 5,371
TOTAL DRUG INTERDICTION & CTR-DRUG 799,402 781,402
ACTIVITIES, DEF....................
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL....... 359,022 359,022
OFFICE OF THE INSPECTOR GENERAL--CYBER 1,179 1,179
OFFICE OF THE INSPECTOR GENERAL....... 2,965 2,965
OFFICE OF THE INSPECTOR GENERAL....... 333 333
TOTAL OFFICE OF THE INSPECTOR 363,499 363,499
GENERAL............................
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE......................... 9,570,615 9,320,615
Unjustified growth............... [-250,000]
PRIVATE SECTOR CARE................... 15,041,006 15,002,506
Historical underexecution........ [-38,500]
CONSOLIDATED HEALTH SUPPORT........... 1,975,536 1,986,536
Wounded Warrior Service Dog [11,000]
program..........................
INFORMATION MANAGEMENT................ 2,004,588 1,998,938
Historical underexecution........ [-5,650]
MANAGEMENT ACTIVITIES................. 333,246 333,246
EDUCATION AND TRAINING................ 793,810 793,310
Other costs excess growth........ [-3,000]
Program increase--specialized [2,500]
medical pilot program............
BASE OPERATIONS/COMMUNICATIONS........ 2,093,289 2,093,289
R&D RESEARCH.......................... 12,621 12,621
R&D EXPLORATRY DEVELOPMENT............ 84,266 84,266
R&D ADVANCED DEVELOPMENT.............. 279,766 279,766
R&D DEMONSTRATION/VALIDATION.......... 128,055 128,055
R&D ENGINEERING DEVELOPMENT........... 143,527 143,527
R&D MANAGEMENT AND SUPPORT............ 67,219 67,219
R&D CAPABILITIES ENHANCEMENT.......... 16,819 16,819
PROC INITIAL OUTFITTING............... 26,135 26,135
PROC REPLACEMENT & MODERNIZATION...... 225,774 225,774
PROC JOINT OPERATIONAL MEDICINE 314 314
INFORMATION SYSTEM...................
PROC MILITARY HEALTH SYSTEM--DESKTOP 73,010 73,010
TO DATACENTER........................
PROC DOD HEALTHCARE MANAGEMENT SYSTEM 129,091 129,091
MODERNIZATION........................
TOTAL DEFENSE HEALTH PROGRAM........ 32,998,687 32,715,037
TOTAL OTHER AUTHORIZATIONS.......... 36,573,298 36,271,648
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Program Title Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
INDUSTRIAL OPERATIONS
SUPPLY MANAGEMENT--ARMY............... 20,100 20,100
TOTAL WORKING CAPITAL FUND, ARMY.... 20,100 20,100
DRUG INTERDICTION & CTR-DRUG
ACTIVITIES, DEF
COUNTER-NARCOTICS SUPPORT............. 163,596 163,596
TOTAL DRUG INTERDICTION & CTR-DRUG 163,596 163,596
ACTIVITIES, DEF....................
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL....... 24,254 24,254
TOTAL OFFICE OF THE INSPECTOR 24,254 24,254
GENERAL............................
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE......................... 57,459 57,459
PRIVATE SECTOR CARE................... 287,487 287,487
CONSOLIDATED HEALTH SUPPORT........... 2,800 2,800
TOTAL DEFENSE HEALTH PROGRAM........ 347,746 347,746
TOTAL OTHER AUTHORIZATIONS.......... 555,696 555,696
------------------------------------------------------------------------
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
Sec. 4603. Military construction for emergency requirements.
SEC. 4601. MILITARY CONSTRUCTION.
----------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2020 Conference
Account Installation Project Title Request Authorized
----------------------------------------------------------------------------------------------------------------
Alabama
Army Redstone Arsenal Aircraft and Flight 38,000 38,000
Equipment Building.
Colorado
Army Fort Carson Company Operations Facility 71,000 71,000
Georgia
Army Fort Gordon Cyber Instructional Fac 107,000 67,000
(Admin/Command).
Army Hunter Army Airfield Aircraft Maintenance Hangar 62,000 62,000
Hawaii
Army Fort Shafter Command and Control 60,000 60,000
Facility, Incr 5.
Honduras
Army Soto Cano Air Base Aircraft Maintenance Hangar 34,000 34,000
Kentucky
Army Fort Campbell Automated Infantry Platoon 7,100 7,100
Battle Course.
Army Fort Campbell Easements.................. 3,200 3,200
Army Fort Campbell General Purpose Maintenance 51,000 51,000
Shop.
Kwajalein
Army Kwajalein Atoll Air Traffic Control Tower 0 40,000
and Terminal.
Massachusetts
Army U.S. Army Natick Human Engineering Lab...... 50,000 50,000
Soldier Systems
Center
Michigan
Army Detroit Arsenal Substation................. 24,000 24,000
New York
Army Fort Drum Railhead................... 0 21,000
Army Fort Drum Unmanned Aerial Vehicle 23,000 23,000
Hangar.
North Carolina
Army Fort Bragg Dining Facility............ 12,500 12,500
Oklahoma
Army Fort Sill Adv Individual Training 73,000 73,000
Barracks Cplx, Ph2.
Pennsylvania
Army Carlisle Barracks General Instruction 98,000 60,000
Building.
South Carolina
Army Fort Jackson Reception Complex, Ph2..... 54,000 54,000
Texas
Army Corpus Christi Army Powertrain Facility 86,000 86,000
Depot (Machine Shop).
Army Fort Hood Barracks................... 32,000 32,000
Army Fort Hood Vehicle Bridge............. 0 18,500
Virginia
Army Fort Belvoir Secure Operations and Admin 60,000 60,000
Facility.
Army Joint Base Langley- Adv Individual Training 55,000 55,000
Eustis Barracks Cplx, Ph4.
Washington
Army Joint Base Lewis- Information Systems 46,000 46,000
McChord Facility.
Worldwide Unspecified
Army Unspecified Worldwide Child Development Centers.. 0 27,000
Locations
Army Unspecified Worldwide Host Nation Support........ 31,000 31,000
Locations
Army Unspecified Worldwide Planning and Design........ 94,099 94,099
Locations
Army Unspecified Worldwide Unspecified Minor 70,600 70,600
Locations Construction.
Army Unspecified Worldwide Unspecified Worldwide 211,000 0
Locations Construction.
........................
Military Construction, Army Total 1,453,499 1,270,999
......................
Arizona
Navy Marine Corps Air Bachelor Enlisted Quarters. 0 99,600
Station Yuma
Navy Marine Corps Air Hangar 95 Renovation & 90,160 90,160
Station Yuma Addition.
Australia
Navy Darwin Aircraft Parking Apron..... 0 50,000
Bahrain Island
Navy SW Asia Electrical System Upgrade.. 53,360 0
California
Navy Camp Pendleton 62 Area Mess Hall and 71,700 71,700
Consolidated Warehouse.
Navy Camp Pendleton I MEF Consolidated 113,869 38,869
Information Center.
Navy Marine Corps Air Child Development Center... 0 37,400
Station Miramar
Navy Naval Air Weapons Runway & Taxiway Extension. 64,500 64,500
Station China Lake
Navy Naval Air Weapons Unspecified Military 0 0
Station China Lake Construction--Earthquake
Damage Recovery.
Navy Naval Base Coronado Aircraft Paint Complex..... 0 79,000
Navy Naval Base Coronado Navy V-22 Hangar........... 86,830 86,830
Navy Naval Base San Diego Pier 8 Replacement (Inc)... 59,353 59,353
Navy Naval Base San Diego PMO Facility Repair........ 0 9,900
Navy Naval Weapons Station Ammunition Pier............ 95,310 60,310
Seal Beach
Navy Naval Weapons Station Missile Magazine........... 0 28,000
Seal Beach
Navy Travis Air Force Base Alert Force Complex........ 64,000 64,000
Connecticut
Navy Naval Submarine Base SSN Berthing Pier 32....... 72,260 72,260
New London
District of Columbia
Navy Naval Observatory Master Time Clocks & 75,600 20,000
Operations Fac (Inc).
Florida
Navy Blount Island Police Station and EOC 0 18,700
Facility.
Navy Naval Air Station Targeting & Surveillance 32,420 32,420
Jacksonville Syst Prod Supp Fac.
Guam
Navy Joint Region Marianas Bachelor Enlisted Quarters 164,100 34,100
H.
Navy Joint Region Marianas EOD Compound Facilities.... 61,900 61,900
Navy Joint Region Marianas Machine Gun Range (Inc).... 91,287 91,287
Hawaii
Navy Marine Corps Air Bachelor Enlisted Quarters. 13,4050 65,490
Station Kaneohe Bay
Navy Naval Ammunition Depot Magazine Consolidation, 53,790 53,790
West Loch Phase 1.
Italy
Navy Naval Air Station Communications Station..... 77,400 0
Sigonella
Japan
Navy Fleet Activities Pier 5 (Berths 2 and 3).... 17,4692 100,000
Yokosuka
Navy Marine Corps Air VTOL Pad--South............ 15,870 15,870
Station Iwakuni
Maryland
Navy Saint Inigoes Air Traffic Control Tower.. 0 15,000
North Carolina
Navy Camp Lejeune 10th Marines Himars Complex 35,110 35,110
Navy Camp Lejeune 2nd MARDIV/2nd MLG Ops 60,130 60,130
Center Replacement.
Navy Camp Lejeune 2nd Radio BN Complex, Phase 25,650 25,650
2 (Inc).
Navy Camp Lejeune ACV-AAV Maintenance 11,570 11,570
Facility Upgrades.
Navy Camp Lejeune II MEF Operations Center 12,2200 92,200
Replacement.
Navy Marine Corps Air Aircraft Maintenance Hangar 73,970 73,970
Station Cherry Point (Inc).
Navy Marine Corps Air ATC Tower & Airfield 61,340 61,340
Station Cherry Point Operations.
Navy Marine Corps Air F-35 Training and Simulator 53,230 53,230
Station Cherry Point Facility.
Navy Marine Corps Air Flightline Utility 51,860 51,860
Station Cherry Point Modernization (Inc).
Navy Marine Corps Air CH-53K Cargo Loading 11,320 11,320
Station New River Trainer.
Pennsylvania
Navy Philadelphia Machinery Control 0 74,630
Development Center.
South Carolina
Navy Parris Island Range Improvements & 0 37,200
Modernization Phase 3.
Utah
Navy Hill Air Force Base D5 Missile Motor Receipt/ 50,520 50,520
Storage Fac (Inc).
Virginia
Navy Marine Corps Base Wargaming Center........... 143,350 33,350
Quantico
Navy Naval Station Norfolk Mariner Skills Training 79,100 79,100
Center.
Navy Naval Station Norfolk MH-60 & CMV-22B Corrison 0 60,000
Control and Paint Facility.
Navy Portsmouth Naval Dry Dock Flood Protection 48,930 48,930
Shipyard Improvements.
Navy Yorktown Naval Weapons NMC Ordnance Facilities 0 59,000
Station Recapitalization Phase 1.
Washington
Navy Bremerton Dry Dock 4 & Pier 3 51,010 51,010
Modernization.
Navy Keyport Undersea Vehicle 25,050 25,050
Maintenance Facility.
Navy Naval Base Kitsap Seawolf Service Pier Cost- 0 48,000
to-Complete.
Worldwide Unspecified
Navy Unspecified Worldwide Child Development Centers.. 0 62,400
Locations
Navy Unspecified Worldwide Planning and Design........ 167,715 167,715
Locations
Navy Unspecified Worldwide Unspecified Minor 81,237 81,237
Locations Construction.
........................
Military Construction, Navy Total 2,805,743 2,774,961
......................
Alaska
AF Eielson Air Force Base F-35 AME Storage Facility.. 8,600 8,600
Arkansas
AF Little Rock Air Force C-130H/J Fuselage Trainer 47,000 47,000
Base Facility.
AF Little Rock Air Force Dormitory Cost-to-Complete. 0 7,000
Base
Australia
AF Tindal APR--RAAF Tindal/Earth 11,600 11,600
Covered Magazine.
AF Tindal APR-RAAF Tindal/Bulk 59,000 59,000
Storage Tanks.
California
AF Travis Air Force Base ADAL Aerial Port Squadron 0 17,000
Materiel Warehouse.
AF Travis Air Force Base KC-46A Alter B181/B185/B187 6,600 6,600
Squad Ops/AMU.
AF Travis Air Force Base KC-46A Regional Maintenance 19,500 19,500
Training Facility.
Colorado
AF Peterson Air Force SOCNORTH Theater 0 54,000
Base Operational Support
Facility.
AF Schriever Air Force Consolidated Space 148,000 73,449
Base Operations Facility.
AF United States Air Consolidate Cadet Prep 0 49,000
Force Academy School Dormitory.
Cyprus
AF Royal Air Force New Dormitory for 1 ERS.... 27,000 27,000
Akrotiri
Georgia
AF Moody Air Force Base 41 RQS HH-60W Apron........ 0 12,500
Guam
AF Joint Region Marianas Munitions Storage Igloos 65,000 65,000
III.
Illinois
AF Scott Air Force Base Joint Operations & Mission 100,000 100,000
Planning Center.
Japan
AF Yokota Air Base Fuel Receipt & Distribution 12,400 12,400
Upgrade.
Jordan
AF Azraq Air Traffic Control Tower.. 24,000 0
AF Azraq Munitions Storage Area..... 42,000 0
Mariana Islands
AF Tinian Airfield Development Phase 109,000 10,000
1.
AF Tinian Fuel Tanks W/ Pipeline/ 109,000 10,000
Hydrant System.
AF Tinian Parking Apron.............. 98,000 25,000
Maryland
AF Joint Base Andrews Presidential Aircraft Recap 86,000 86,000
Complex Inc 3.
Massachusetts
AF Hanscom Air Force Base MIT-Lincoln Lab (West Lab 135,000 80,000
CSL/MIF) Inc 2.
Missouri
AF Whiteman Air Force Consolidated Vehicle Ops 0 27,000
Base and MX Facility.
Montana
AF Malmstrom Air Force Weapons Storage and 235,000 59,000
Base Maintenance Facility.
Nevada
AF Nellis Air Force Base 365th ISR Group Facility... 57,000 57,000
AF Nellis Air Force Base F-35 Munitions Maintenance 0 3,100
Facilities Cost-to-
Complete.
AF Nellis Air Force Base F-35A Munitions Assembly 8,200 8,200
Conveyor Facility.
New Mexico
AF Holloman Air Force NC3 Support WRM Storage/ 0 20,000
Base Shipping Facility.
AF Kirtland Air Force Combat Rescue Helicopter 15,500 15,500
Base Simulator (CRH) ADAL.
AF Kirtland Air Force UH-1 Replacement Facility.. 22,400 22,400
Base
North Dakota
AF Minot Air Force Base Helo/Trfops/AMUfacility.... 5,500 5,500
Ohio
AF Wright-Patterson Air ADAL Intelligence Prod. 120,900 120,900
Force Base Complex (NASIC) Inc 2.
Texas
AF Joint Base San Antonio AFPC B-Wing................ 0 36,000
AF Joint Base San Antonio Aquatics Tank.............. 69,000 69,000
AF Joint Base San Antonio BMT Recruit Dormitory 8.... 110,000 110,000
AF Joint Base San Antonio T-X ADAL Ground Based Trng 9,300 9,300
Sys (GBTS) Sim.
AF Joint Base San Antonio T-X MX Trng Sys 19,000 19,000
Centrailized Trng Fac.
United Kingdom
AF Royal Air Force F-35A PGM Facility......... 14,300 14,300
Lakenheath
Utah
AF Hill Air Force Base GBSD Mission Integration 108,000 33,000
Facility.
AF Hill Air Force Base Joint Advanced Tactical 6,500 6,500
Missile Storage Fac.
Washington
AF Fairchild Air Force Consolidated TFI Base 31,000 31,000
Base Operations.
AF Fairchild Air Force SERE Pipeline Dormitory 0 4,800
Base Cost-to-Complete.
Worldwide Unspecified
AF Unspecified Worldwide Child Development Centers.. 0 31,500
Locations
AF Various Worldwide Planning and Design........ 142,148 142,148
Locations
AF Various Worldwide Unspecified Minor 79,682 79,682
Locations Construction.
Wyoming
AF F. E. Warren Air Force Consolidated Helo/TRF Ops/ 18,100 18,100
Base AMU and Alert Fac.
........................
Military Construction, Air Force Total 2,179,230 1,723,579
......................
California
Def-Wide Beale Air Force Base Hydrant Fuel System 33,700 33,700
Replacement.
Def-Wide Camp Pendleton Ambul Care Center/Dental 17,700 17,700
Clinic Replacement.
Def-Wide Mountain View--63 RSC Install Microgrid 0 9,700
Controller, 750 Kw PV, and
750 Kwh Battery Storage.
Def-Wide Naval Air Weapons Energy Storage System...... 0 8,950
Station China Lake
Def-Wide NSA Monterey Cogeneration Plant at B236. 0 10,540
CONUS Classified
Def-Wide Classified Location Battalion Complex, Ph 3.... 82,200 82,200
Florida
Def-Wide Eglin Air Froce Base SOF Combined Squadron Ops 16,500 16,500
Facility.
Def-Wide Hurlburt Field SOF AMU & Weapons Hangar... 72,923 72,923
Def-Wide Hurlburt Field SOF Combined Squadron 16,513 16,513
Operations Facility.
Def-Wide Hurlburt Field SOF Maintenance Training 18,950 18,950
Facility.
Def-Wide Naval Air Station Key SOF Watercraft Maintenance 16,000 16,000
West Facility.
Germany
Def-Wide Geilenkirchen Air Base Ambulatory Care Center/ 30,479 30,479
Dental Clinic.
Def-Wide Ramstein Landstuhl Elementary School 0 66,800
Guam
Def-Wide Joint Region Marianas Xray Wharf Refueling 19,200 19,200
Facility.
Def-Wide Naval Base Guam NSA Anderson Smart Grid and 0 16,970
ICS Infrustructure.
Hawaii
Def-Wide Joint Base Pearl Install 500kw Covered 0 4,000
Harbor-Hickam Parking PV System &
Electric Vehicle Charging
Stations B479.
Def-Wide Joint Base Pearl SOF Undersea Operational 67,700 67,700
Harbor-Hickam Training Facility.
Japan
Def-Wide Yokosuka Kinnick High School Inc 2.. 130,386 0
Def-Wide Yokota Air Base Bulk Storage Tanks PH1..... 116,305 20,000
Def-Wide Yokota Air Base Pacific East District 20,106 20,106
Superintendent's Office.
Maryland
Def-Wide Bethesda Naval MEDCEN Addition/Altertion 96,900 33,000
Hospital Incr 3.
Def-Wide Fort Detrick Medical Research 27,846 27,846
Acquisition Building.
Def-Wide Fort Meade NSAW Recapitalize Building 426,000 426,000
#3 Inc 2.
Def-Wide NSA Bethesda Chiller 3-9 Replacement.... 0 13,840
Def-Wide South Potomac IH Water Project--CBIRF/ 0 18,460
IHEODTD/Housing.
Mississippi
Def-Wide Columbus Air Force Fuel Facilities Replacement 16,800 16,800
Base
Missouri
Def-Wide Fort Leonard Wood Hospital Replacement Incr 2 50,000 50,000
Def-Wide St. Louis Next NGA West (N2W) Complex 218,800 118,800
Phase 2 Inc. 2.
New Mexico
Def-Wide White Sands Missile Install Microgrid, 700kw 0 5,800
Range PV, 150 Kw Generator, and
Batteries.
North Carolina
Def-Wide Camp Lejeune SOF Marine Raider Regiment 13,400 13,400
HQ.
Def-Wide Fort Bragg SOF Assessment and 12,103 12,103
Selection Training Complex.
Def-Wide Fort Bragg SOF Human Platform-Force 43,000 43,000
Generation Facility.
Def-Wide Fort Bragg SOF Operations Support Bldg 29,000 29,000
Oklahoma
Def-Wide Tulsa IAP Fuels Storage Complex...... 18,900 18,900
Rhode Island
Def-Wide Quonset State Airport Fuels Storage Complex 11,600 11,600
Replacement.
South Carolina
Def-Wide Joint Base Charleston Medical Consolidated 33,300 33,300
Storage & Distrib Center.
South Dakota
Def-Wide Ellsworth Air Force Hydrant Fuel System 24,800 24,800
Base Replacement.
Texas
Def-Wide Camp Swift Install Microgrid, 650KW 0 4,500
OV, & 500 KW Generator.
Def-Wide Fort Hood Install a Central Energy 0 16,500
Plant.
Virginia
Def-Wide Defense Distribution Operations Center Phase 2.. 98,800 33,000
Depot Richmond
Def-Wide Joint Expeditionary SOF NSWG-10 Operations 32,600 32,600
Base Little Creek-- Support Facility.
Fort Story
Def-Wide Joint Expeditionary SOF NSWG2 JSOTF Ops 13,004 13,004
Base Little Creek-- Training Facility.
Fort Story
Def-Wide NRO Headquarters Intergration System 0 66
Upgrades.
Def-Wide Pentagon Backup Generator........... 8,670 8,670
Def-Wide Pentagon Control Tower & Fire Day 20,132 20,132
Station.
Def-Wide Training Center Dam SOF Demolition Training 12,770 12,770
Neck Compound Expansion.
Washington
Def-Wide Joint Base Lewis- SOF 22 STS Operations 47,700 47,700
McChord Facility.
Def-Wide Naval Base Kitsap Keyport Main Substation 0 23,670
Replacement.
Wisconsin
Def-Wide Gen Mitchell IAP POL Facilities Replacement. 25,900 25,900
Worldwide Classified
Def-Wide Classified Location Mission Support Compound... 52,000 52,000
Worldwide Unspecified
Def-Wide Unspecified Worldwide Contingency Construction... 10,000 0
Locations
Def-Wide Unspecified Worldwide Energy Resilience and 150,000 150,000
Locations Conserv. Invest. Prog..
Def-Wide Unspecified Worldwide ERCIP Design............... 10,000 10,000
Locations
Def-Wide Unspecified Worldwide Exercise Related Minor 11,770 11,770
Locations Construction.
Def-Wide Unspecified Worldwide Planning and Design........ 15,000 15,000
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 29,679 29,679
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 35,472 35,472
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 4,890 4,890
Locations
Def-Wide Unspecified Worldwide Planning and Design........ 14,400 14,400
Locations
Def-Wide Unspecified Worldwide Unspecified Minor 3,000 3,000
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor 31,464 31,464
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor 3,228 3,228
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor 10,000 10,000
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor 8,000 8,000
Locations Construction.
Def-Wide Unspecified Worldwide Unspecified Minor 4,950 4,950
Locations Construction.
Def-Wide Various Worldwide Planning and Design........ 52,532 52,532
Locations
Def-Wide Various Worldwide Planning and Design........ 63,382 63,382
Locations
Def-Wide Various Worldwide Planning and Design........ 27,000 27,000
Locations
Def-Wide Various Worldwide Planning and Design: 0 30,000
Locations Military Installation
Resiliency.
Def-Wide Various Worldwide Unspecified Minor 10,000 10,000
Locations Construction.
Def-Wide Various Worldwide Unspecified Minor 16,736 16,736
Locations Construction.
........................
Military Construction, Defense-Wide Total 2,504,190 2,267,595
......................
Worldwide Unspecified
NATO NATO Security NATO Security Investment 144,040 144,040
Investment Program Program.
........................
NATO Security Investment Program Total 144,040 144,040
......................
Alabama
Army NG Anniston Army Depot Enlisted Transient Barracks 0 34,000
Army NG Foley National Guard Readiness 12,000 12,000
Center.
California
Army NG Camp Roberts Automated Multipurpose 12,000 12,000
Machine Gun Range.
Idaho
Army NG Orchard Combat Railroad Tracks............ 29,000 29,000
Training Center
Maryland
Army NG Havre de Grace Combined Support 12,000 12,000
Maintenance Shop.
Massachusetts
Army NG Camp Edwards Automated Multipurpose 9,700 9,700
Machine Gun Range.
Minnesota
Army NG New Ulm National Guard Vehicle 11,200 11,200
Maintenance Shop.
Mississippi
Army NG Camp Shelby Automated Multipurpose 8,100 8,100
Machine Gun Range.
Missouri
Army NG Springfield National Guard Readiness 12,000 12,000
Center.
Nebraska
Army NG Bellevue National Guard Readiness 29,000 29,000
Center.
New Hampshire
Army NG Concord National Guard Readiness 5,950 5,950
Center.
New York
Army NG Jamaica Armory National Guard Readiness 0 91,000
Center.
Pennsylvania
Army NG Moon Township Combined Support 23,000 23,000
Maintenance Shop.
Vermont
Army NG Jericho General Instruction 0 30,000
Builiding.
Washington
Army NG Richland National Guard Readiness 11,400 11,400
Center.
Worldwide Unspecified
Army NG Unspecified Worldwide Planning and Design........ 20,469 20,469
Locations
Army NG Unspecified Worldwide Unspecified Minor 15,000 15,000
Locations Construction.
........................
Military Construction, Army National Guard Total 210,819 365,819
......................
Delaware
Army Res Newark Army Reserve Center/BMA.... 21,000 21,000
Wisconsin
Army Res Fort McCoy Transient Training Barracks 25,000 25,000
Worldwide Unspecified
Army Res Unspecified Worldwide Planning and Design........ 6,000 6,000
Locations
Army Res Unspecified Worldwide Unspecified Minor 8,928 8,928
Locations Construction.
........................
Military Construction, Army Reserve Total 60,928 60,928
......................
Louisiana
N/MC Res New Orleans Entry Control Facility 25,260 25,260
Upgrades.
Worldwide Unspecified
N/MC Res Unspecified Worldwide Planning and Design........ 4,780 4,780
Locations
N/MC Res Unspecified Worldwide Unspecified Minor 24,915 24,915
Locations Construction.
........................
Military Construction, Naval Reserve Total 54,955 54,955
......................
California
Air NG Moffett Air National Fuels/Corrosion Control 0 57,000
Guard Base Hanger and Shops.
Georgia
Air NG Savannah/Hilton Head Consolidated Joint Air 24,000 24,000
IAP Dominance Hangar/Shops.
Missouri
Air NG Rosecrans Memorial C-130 Flight Simulator 9,500 9,500
Airport Facility.
Puerto Rico
Air NG Luis Munoz-Marin IAP Communications Facility.... 12,500 12,500
Air NG Luis Munoz-Marin IAP Maintenance Hangar......... 37,500 36,000
Wisconsin
Air NG Truax Field F-35 Simulator Facility.... 14,000 14,000
Air NG Truax Field Fighter Alert Shelters..... 20,000 20,000
Worldwide Unspecified
Air NG Unspecified Worldwide Unspecified Minor 31,471 31,471
Locations Construction.
Air NG Various Worldwide Planning and Design........ 17,000 17,000
Locations
........................
Military Construction, Air National Guard Total 165,971 221,471
......................
Georgia
AF Res Robins Air Force Base Consolidated Misssion 43,000 43,000
Complex Phase 3.
Maryland
AF Res Joint Base Andrews AES Training Admin Facility 0 15,000
Minnesota
AF Res Minneapolis-St.paul Aerial Port Facility....... 0 9,800
IAP
Worldwide Unspecified
AF Res Unspecified Worldwide Planning and Design........ 4,604 4,604
Locations
AF Res Unspecified Worldwide Unspecified Minor 12,146 12,146
Locations Construction.
........................
Military Construction, Air Force Reserve Total 59,750 84,550
......................
Germany
FH Con Army Baumholder Family Housing Improvements 29,983 29,983
Korea
FH Con Army Camp Humphreys Family Housing New 83,167 83,167
Construction Incr 4.
Pennsylvania
FH Con Army Tobyhanna Army Depot Family Housing Replacement 19,000 19,000
Construction.
Worldwide Unspecified
FH Con Army Unspecified Worldwide Family Housing P & D....... 9,222 14,222
Locations
........................
Family Housing Construction, Army Total 141,372 146,372
......................
Worldwide Unspecified
FH Ops Army Unspecified Worldwide Furnishings................ 24,027 24,027
Locations
FH Ops Army Unspecified Worldwide Housing Privitization 18,627 63,627
Locations Support.
FH Ops Army Unspecified Worldwide Leasing.................... 128,938 128,938
Locations
FH Ops Army Unspecified Worldwide Maintenance................ 81,065 135,798
Locations
FH Ops Army Unspecified Worldwide Management................. 38,898 38,898
Locations
FH Ops Army Unspecified Worldwide Miscellaneous.............. 484 484
Locations
FH Ops Army Unspecified Worldwide Services................... 10,156 10,156
Locations
FH Ops Army Unspecified Worldwide Utilities.................. 55712 55712
Locations
........................
Family Housing Operation And Maintenance, Army Total 357,907 457,640
......................
Worldwide Unspecified
FH Con Navy Unspecified Worldwide Construction Improvements.. 41,798 41,798
Locations
FH Con Navy Unspecified Worldwide Planning & Design.......... 3,863 3,863
Locations
FH Con Navy Unspecified Worldwide USMC DPRI/Guam Planning and 2,000 2,000
Locations Design.
........................
Family Housing Construction, Navy And Marine Corps Total 47,661 47,661
......................
Worldwide Unspecified
FH Ops Navy Unspecified Worldwide Furnishings................ 19,009 19,009
Locations
FH Ops Navy Unspecified Worldwide Housing Privatization 21,975 81,575
Locations Support.
FH Ops Navy Unspecified Worldwide Leasing.................... 64,126 64,126
Locations
FH Ops Navy Unspecified Worldwide Maintenance................ 82,611 137,344
Locations
FH Ops Navy Unspecified Worldwide Management................. 50,122 50,122
Locations
FH Ops Navy Unspecified Worldwide Miscellaneous.............. 151 151
Locations
FH Ops Navy Unspecified Worldwide Services................... 16,647 16,647
Locations
FH Ops Navy Unspecified Worldwide Utilities.................. 63,229 63,229
Locations
........................
Family Housing Operation And Maintenance, Navy And Marine Corps Total 317,870 432,203
......................
Germany
FH Con AF Spangdahlem Air Base Construct Deficit Military 53,584 53,584
Family Housing.
Worldwide Unspecified
FH Con AF Unspecified Worldwide Construction Improvements.. 46,638 46,638
Locations
FH Con AF Unspecified Worldwide Planning & Design.......... 3,409 3,409
Locations
........................
Family Housing Construction, Air Force Total 103,631 103,631
......................
Worldwide Unspecified
FH Ops AF Unspecified Worldwide Furnishings................ 30,283 30,283
Locations
FH Ops AF Unspecified Worldwide Housing Privatization...... 22,593 53,793
Locations
FH Ops AF Unspecified Worldwide Leasing.................... 15,768 15,768
Locations
FH Ops AF Unspecified Worldwide Maintenance................ 117,704 172,437
Locations
FH Ops AF Unspecified Worldwide Management................. 56,022 56,022
Locations
FH Ops AF Unspecified Worldwide Miscellaneous.............. 2,144 2,144
Locations
FH Ops AF Unspecified Worldwide Services................... 7,770 7,770
Locations
FH Ops AF Unspecified Worldwide Utilities.................. 42,732 42,732
Locations
........................
Family Housing Operation And Maintenance, Air Force Total 295,016 380,949
......................
Worldwide Unspecified
FH Ops DW Unspecified Worldwide Furnishings................ 82 82
Locations
FH Ops DW Unspecified Worldwide Furnishings................ 645 645
Locations
FH Ops DW Unspecified Worldwide Leasing.................... 12,906 12,906
Locations
FH Ops DW Unspecified Worldwide Leasing.................... 39,222 39,222
Locations
FH Ops DW Unspecified Worldwide Maintenance................ 32 32
Locations
FH Ops DW Unspecified Worldwide Utilities.................. 13 13
Locations
FH Ops DW Unspecified Worldwide Utilities.................. 4,100 4,100
Locations
........................
Family Housing Operation And Maintenance, Defense-Wide Total 57,000 57,000
......................
Worldwide Unspecified
FHIF Unspecified Worldwide Administrative Expenses-- 3,045 3,045
Locations FHIF.
........................
DOD Family Housing Improvement Fund Total 3,045 3,045
......................
Worldwide Unspecified
UHIF Unspecified Worldwide Administrative Expenses-- 500 500
Locations UHIF.
........................
Unaccompanied Housing Improvement Fund Total 500 500
......................
Worldwide Unspecified
BRAC Worldwide Unspecified Base Realignment and 66,111 94,111
Locations Closure.
........................
Base Realignment and Closure--Army Total 66,111 94,111
......................
Worldwide Unspecified
BRAC Unspecified Worldwide Base Realignment & Closure. 158,349 216,349
Locations
........................
Base Realignment and Closure--Navy Total 158,349 216,349
......................
Worldwide Unspecified
BRAC Unspecified Worldwide Dod BRAC Activities--Air 54,066 82,066
Locations Force.
........................
Base Realignment and Closure--Air Force Total 54,066 82,066
......................
Prior Year Savings
PYS Prior Year Savings Prior Year Savings......... 0 -64685
........................
Prior Year Savings Total 0 -64,685
......................
Total, Military Construction 11,241,653 10,925,739
----------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2020 Conference
Service State/Country and Installation Project Request Authorized
----------------------------------------------------------------------------------------------------------------
Guantanamo Bay, Cuba
Army Guantanamo Bay Naval Station OCO: Communications 22,000 22,000
Facility.
Army Guantanamo Bay Naval Station OCO: Detention Legal 11,800 11,800
Office and Comms Ctr.
Army Guantanamo Bay Naval Station OCO: High Value Detention 88,500 0
Facility.
Worldwide Unspecified
Army Unspecified Worldwide Locations EDI/OCO Planning and 19,498 19,498
Design.
Army Unspecified Worldwide Locations EDI: Bulk Fuel Storage.... 36,000 36,000
Army Unspecified Worldwide Locations EDI: Information Systems 6,200 6,200
Facility.
Army Unspecified Worldwide Locations EDI: Minor Construction... 5,220 5,220
Army Unspecified Worldwide Locations Unspecified Worldwide 9,200,000 0
Construction.
Army Various Worldwide Locations EDI: Various Worldwide 0 36,212
Locations Europe.
Military Construction, Army Total 9,389,218 136,930
Bahrain
Navy SW Asia Electrical System Upgrade. 0 53,360
Italy
Navy Sigonella Communications Station.... 0 77,400
Spain
Navy Rota EDI: In-Transit Munitions 9,960 9,960
Facility.
Navy Rota EDI: Joint Mobility Center 46,840 46,840
Navy Rota EDI: Small Craft Berthing 12,770 12,770
Facility.
Worldwide Unspecified
Navy Unspecified Worldwide Locations Planning and Design....... 25,000 25,000
Navy Various Worldwide Locations EDI: Various Worldwide 0 36,211
Locations Europe.
Military Construction, Navy Total 94,570 261,541
Iceland
AF Keflavik EDI: Airfield Upgrades-- 18,000 18,000
Dangerous Cargo Pad.
AF Keflavik EDI: Beddown Site Prep.... 7,000 7,000
AF Keflavik EDI: Expand Parking Apron. 32,000 32,000
Jordan
AF Azraq Air Traffic Control Tower. 0 24,000
AF Azraq Munitions Storage Area.... 0 42,000
Spain
AF Moron EDI: Hot Cargo Pad........ 8,500 8,500
Worldwide Unspecified
AF Unspecified Planning & Design......... 0 60,000
AF Unspecified Worldwide Locations EDI: ECAOS DABS/FEV EMEDS 107,000 107,000
Storage.
AF Unspecified Worldwide Locations EDI: Hot Cargo Pad........ 29,000 29,000
AF Unspecified Worldwide Locations EDI: Munitions Storage 39,000 39,000
Area.
AF Various Worldwide Locations EDI: Various Worldwide 0 36,211
Locations Europe.
AF Various Worldwide Locations EDI: P&D.................. 61,438 61,438
AF Various Worldwide Locations EDI: UMMC................. 12,800 12,800
Military Construction, Air Force Total 314,738 476,949
Germany
Def-Wide Gemersheim EDI: Logistics 46,000 46,000
Distribution Center Annex.
Military Construction,Defense-Wide Total 46,000 46,000
Total, Military Construction 9,844,526 921,420
----------------------------------------------------------------------------------------------------------------
SEC. 4603. MILITARY CONSTRUCTION FOR EMERGENCY REQUIREMENTS.
----------------------------------------------------------------------------------------------------------------
SEC. 4603. MILITARY CONSTRUCTION FOR EMERGENCY REQUIREMENTS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2020 Conference
Service State/Country and Installation Project Request Authorized
----------------------------------------------------------------------------------------------------------------
California
Navy Naval Air Weapons Station China Planning and Design....... 0 89,320
Lake
Navy Naval Air Weapons Station China Hanger 3 Replacement, 0 514,600
Lake Apron, Taxiway &
Utilities for RDT&E.
Navy Naval Air Weapons Station China Aircraft Parking Apron in 0 50,800
Lake Support of Hanger 2
Replacement.
Navy Naval Air Weapons Station China Michelson Mission Systems 0 202,340
Lake Intergration Laboratory.
Navy Naval Air Weapons Station China Magazines & Inert Storage 0 138,930
Lake Facility.
Navy Naval Air Weapons Station China Air Operations Facility & 0 70,900
Lake Air Traffic Control Tower.
Navy Naval Air Weapons Station China Community Support 0 85,790
Lake Facilities.
North Carolina
Navy Camp Lejeune Courthouse Bay Fire 0 21,336
Station Replacement.
Navy Camp Lejeune Hadnot Point Fire Station 0 21,931
Replacement.
Navy Camp Lejeune Hadnot Point Mess Hall 0 66,023
Replacement.
Navy Camp Lejeune II MEF Simulation/Training 0 74,487
Center Replacement.
Navy Camp Lejeune LOGCOM CSP Warehouse 0 35,874
Replacement.
Navy Camp Lejeune LSSS Facility Replacement. 0 26,815
Navy Camp Lejeune MC Advisor Battalion HQS 0 30,109
Replacement.
Navy Camp Lejeune MCCSSS Log Ops School..... 0 179,617
Navy Camp Lejeune MCES Applied Instruction 0 95,599
Facility Replacement.
Navy Camp Lejeune NCIS Facilities 0 22,594
Replacement.
Navy Camp Lejeune PMO Facility Replacement.. 0 34,718
Navy Camp Lejeune WTBN Headquarters 0 18,644
Replacement.
Navy MCAS Cherry Point Physical Security 0 52,300
Compliance.
Navy MCAS Cherry Point BT-11 Range Operations 0 14,251
Center Replacement.
Navy MCAS New River C-12W Aircraft Maintenance 0 36,295
Hangar Replacement.
Navy MCAS New River Bachelor Enlisted Quarters 0 62,104
Replacement.
Navy MCAS New River CNATT Classroom Building 0 114,706
Replacement.
Navy MCAS New River CH-53K Maintenance Hangar 0 252,717
Replacement.
.................................
Military Construction, Navy Total 0 2,312,800
...............................
Florida
AF Tyndall Air Force Base 325th Fighting Wing HQ 0 38,000
Facility.
AF Tyndall Air Force Base Aerospace & Operational 0 12,000
Physiology Facility.
AF Tyndall Air Force Base Aircraft MX Fuel Cell 0 37,000
Hangar.
AF Tyndall Air Force Base Aircraft Wash Rack........ 0 9,100
AF Tyndall Air Force Base Airfield Drainage......... 0 144,000
AF Tyndall Air Force Base Auxiliary Ground Equipment 0 22,000
Facility.
AF Tyndall Air Force Base Chapel.................... 0 26,000
AF Tyndall Air Force Base Community Commons Facility 0 64,000
AF Tyndall Air Force Base Deployment Center/Flight 0 43,000
Line Dining/AAFES.
AF Tyndall Air Force Base Dorm Complex Phase 1...... 0 145,000
AF Tyndall Air Force Base Dorm Complex Phase 2...... 0 131,000
AF Tyndall Air Force Base Emergency Management, EOC, 0 20,000
Alt CP.
AF Tyndall Air Force Base Flightline--Muns Storage, 0 36,000
7000 Area.
AF Tyndall Air Force Base Lodging Facilities Phase 1 0 90,000
AF Tyndall Air Force Base Lodging Facilities Phase 2 0 89,000
AF Tyndall Air Force Base Operations Group/ 0 24,000
Maintenance Group HQ.
AF Tyndall Air Force Base Ops/Aircraft Maintenance 0 74,000
Unit/Hangar #2.
AF Tyndall Air Force Base Ops/Aircraft Maintenance 0 75,000
Unit/Hangar #3.
AF Tyndall Air Force Base OSS/Radar Approach Control 0 37,000
Facility.
AF Tyndall Air Force Base Planning and Design....... 0 52,400
AF Tyndall Air Force Base Security Forces Mobility 0 6,700
Storage Facility.
AF Tyndall Air Force Base Simulator Facility........ 0 38,000
AF Tyndall Air Force Base Site Development, 0 141,000
Utilities & Demo Phase 2.
AF Tyndall Air Force Base Small Arms Range.......... 0 26,000
AF Tyndall Air Force Base Special Purpose Vehicle 0 20,000
Maintenance.
AF Tyndall Air Force Base Tyndall AFB Gate Complexes 0 75,000
AF Tyndall Air Force Base Weapons Load Training 0 25,000
Hangar.
Nebraska
AF Offutt Air Force Base Emergency Power Microgrid. 0 43,000
AF Offutt Air Force Base Flightline Hangars Campus. 0 10,000
AF Offutt Air Force Base Lake Campus............... 0 6,000
AF Offutt Air Force Base Logistics Readiness 0 18,500
Squadron Campus.
AF Offutt Air Force Base Security Campus........... 0 63,000
Virginia
AF Joint Base Langley-Eustis Dormitory................. 0 31,000
.................................
Military Construction, Air Force Total 0 1,671,700
...............................
North Carolina
Def-Wide Camp Lejeune Ambulatory Care Center 0 17,821
(Camp Geiger).
Def-Wide Camp Lejeune Ambulatory Care Center 0 27,492
(Camp Johnson).
Def-Wide Camp Lejeune MARSOC ITC Team Facility 0 30,000
Replacement.
.................................
Military Construction, Defense-Wide Total 0 75,313
...............................
Louisiana
Army NG Pineville National Guard Readiness 0 16,500
Center.
Nebraska
Army NG Ashland Training Site, Various 0 35,000
Facilities.
Army NG Ashland Flood Control Levee/ 0 8,500
Floodwall.
.................................
Military Construction, Army National Guard Total 0 60,000
...............................
Total, Military Construction 0 4,119,813
----------------------------------------------------------------------------------------------------------------
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy national security programs.
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
------------------------------------------------------------------------
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2020 Conference
Program Request Authorized
------------------------------------------------------------------------
Discretionary Summary By Appropriation
Energy And Water Development, And
Related Agencies
Appropriation Summary:
Energy Programs
Nuclear Energy...................... 137,808 137,808
Atomic Energy Defense Activities
National nuclear security
administration:
Weapons activities................ 12,408,603 12,444,780
Defense nuclear nonproliferation.. 1,993,302 2,020,814
Naval reactors.................... 1,648,396 1,633,396
Federal salaries and expenses..... 434,699 434,699
Total, National nuclear security 16,485,000 16,533,689
administration.....................
Environmental and other defense
activities:
Defense environmental cleanup..... 5,506,501 5,527,732
Other defense activities.......... 1,035,339 885,839
Defense nuclear waste disposal.... 26,000 0
Total, Environmental & other defense 6,567,840 6,413,571
activities.........................
Total, Atomic Energy Defense 23,052,840 22,947,260
Activities...........................
Total, Discretionary Funding.............. 23,190,648 23,085,068
Nuclear Energy
Idaho sitewide safeguards and security.. 137,808 137,808
Total, Nuclear Energy..................... 137,808 137,808
Weapons Activities
Directed stockpile work
Life extension programs and major
alterations
B61-12 Life extension program....... 792,611 792,611
W76-2 Modification program.......... 10,000 10,000
W88 Alt 370......................... 304,186 304,186
W80-4 Life extension program........ 898,551 898,551
W87-1 Modification Program (formerly 112,011 112,011
IW1)...............................
Total, Life extension programs and 2,117,359 2,117,359
major alterations....................
Stockpile systems
B61 Stockpile systems............... 71,232 71,232
W76 Stockpile systems............... 89,804 89,804
W78 Stockpile systems............... 81,299 81,299
W80 Stockpile systems............... 85,811 85,811
B83 Stockpile systems............... 51,543 51,543
W87 Stockpile systems............... 98,262 98,262
W88 Stockpile systems............... 157,815 157,815
Total, Stockpile systems.............. 635,766 635,766
Weapons dismantlement and disposition
Operations and maintenance.......... 47,500 47,500
Program increase
Stockpile services
Production support.................. 543,964 543,964
Research and development support.... 39,339 39,339
R&D certification and safety........ 236,235 236,235
Management, technology, and 305,000 305,000
production.........................
Total, Stockpile services............. 1,124,538 1,124,538
Strategic materials
Uranium sustainment................. 94,146 94,146
Plutonium sustainment............... 712,440 712,440
Tritium sustainment................. 269,000 269,000
Lithium sustainment................. 28,800 28,800
Domestic uranium enrichment......... 140,000 140,000
Strategic materials sustainment..... 256,808 256,808
Total, Strategic materials............ 1,501,194 1,501,194
Total, Directed stockpile work.......... 5,426,357 5,426,357
Research, development, test and
evaluation (RDT&E)
Science
Advanced certification.............. 57,710 57,710
Primary assessment technologies..... 95,169 95,169
Dynamic materials properties........ 133,800 133,800
Advanced radiography................ 32,544 32,544
Secondary assessment technologies... 77,553 77,553
Academic alliances and partnerships. 44,625 44,625
Enhanced Capabilities for 145,160 145,160
Subcritical Experiments............
Total, Science........................ 586,561 586,561
Engineering
Enhanced surety..................... 46,500 46,500
Delivery Environments (formerly 35,945 35,945
Weapons Systems Engineering
Assessment Technology).............
Nuclear survivability............... 53,932 53,932
Enhanced surveillance............... 57,747 57,747
Stockpile Responsiveness............ 39,830 80,630
Program expansion................. [40,800]
Total, Engineering ................... 233,954 274,754
Inertial confinement fusion ignition
and high yield
Ignition and Other Stockpile 55,649 55,649
Programs...........................
Diagnostics, cryogenics and 66,128 66,128
experimental support...............
Pulsed power inertial confinement 8,571 8,571
fusion.............................
Joint program in high energy density 12,000 12,000
laboratory plasmas.................
Facility operations and target 338,247 343,247
production.........................
Program increase.................. [5,000]
Total, Inertial confinement fusion and 480,595 485,595
high yield...........................
Advanced simulation and computing
Advanced simulation and computing... 789,849 789,849
Construction:
18-D-620, Exascale Computing 50,000 50,000
Facility Modernization Project,
LLNL.............................
Total, Construction................. 50,000 50,000
Total, Advanced simulation and 839,849 839,849
computing............................
Advanced manufacturing
Additive manufacturing.............. 18,500 18,500
Component manufacturing development. 48,410 52,000
UFR list--technology maturation... [3,590]
Process technology development...... 69,998 69,998
Total, Advanced manufacturing......... 136,908 140,498
Total, RDT&E............................ 2,277,867 2,327,257
Infrastructure and operations
Operations of facilities.............. 905,000 905,000
Safety and environmental operations... 119,000 119,000
Maintenance and repair of facilities.. 456,000 456,000
Recapitalization:
Infrastructure and safety........... 447,657 447,657
Capability based investments........ 135,341 135,341
Total, Recapitalization............... 582,998 582,998
Construction:
19-D-670, 138kV Power Transmission 6,000 6,000
System Replacement, NNSS...........
18-D-690, Lithium Processing 32,000 32,000
Facility, Y-12 (formerly Lithium
Production Capability, Y-12).......
18-D-650, Tritium Finishing 27,000 27,000
Facility, SRS......................
17-D-640, U1a Complex Enhancements 35,000 35,000
Project, NNSS......................
15-D-612, Emergency Operations 5,000 5,000
Center, LLNL.......................
15-D-611, Emergency Operations 4,000 4,000
Center, SNL........................
15-D-301, HE Science & Engineering 123,000 123,000
Facility, PX.......................
06-D-141 Uranium processing facility 745,000 745,000
Y-12, Oak Ridge, TN................
04-D-125, Chemistry and Metallurgy 168,444 168,444
Research Replacement Project, LANL.
Total, Construction................... 1,145,444 1,145,444
Total, Infrastructure and operations.... 3,208,442 3,208,442
Secure transportation asset
Operations and equipment.............. 209,502 209,502
Program direction..................... 107,660 107,660
Total, Secure transportation asset...... 317,162 317,162
Defense nuclear security
Operations and maintenance............ 778,213 765,000
Excess to need...................... [-13,213]
Total, Defense nuclear security......... 778,213 765,000
Information technology and cybersecurity 309,362 309,362
Legacy contractor pensions.............. 91,200 91,200
Total, Weapons Activities................. 12,408,603 12,444,780
Defense Nuclear Nonproliferation
Defense Nuclear Nonproliferation
Programs
Global material security
International nuclear security...... 48,839 48,839
Domestic radiological security...... 90,513 90,513
International radiological security. 60,827 78,907
Secure additional radiologic [18,080]
materials........................
Nuclear smuggling detection and 142,171 142,171
deterrence.........................
Total, Global material security....... 342,350 360,430
Material management and minimization
HEU reactor conversion.............. 114,000 99,000
Program decrease.................. [-15,000]
Nuclear material removal............ 32,925 32,925
Material disposition................ 186,608 186,608
Total, Material management & 333,533 318,533
minimization.........................
Nonproliferation and arms control..... 137,267 137,267
Defense nuclear nonproliferation R&D.. 495,357 499,789
Additional verification and [4,432]
detection effort...................
Nonproliferation Construction:
18-D-150 Surplus Plutonium 79,000 79,000
Disposition Project................
99-D-143 Mixed Oxide (MOX) Fuel 220,000 220,000
Fabrication Facility, SRS..........
Low-enriched uranium research and 0 20,000
development..........................
Program increase.................... [20,000]
Total, Nonproliferation construction.. 299,000 299,000
Total, Defense Nuclear Nonproliferation 1,607,507 1,635,019
Programs...............................
Legacy contractor pensions.............. 13,700 13,700
Nuclear counterterrorism and incident 372,095 372,095
response program.......................
DPRK phased denuclearization long-term 0
monitoring and verification............
Total, Defense Nuclear Nonproliferation... 1,993,302 2,020,814
Naval Reactors
Naval reactors development.............. 531,205 516,205
Unjustified growth.................... [-15,000]
Columbia-Class reactor systems 75,500 75,500
development............................
S8G Prototype refueling................. 155,000 155,000
Naval reactors operations and 553,591 553,591
infrastructure.........................
Construction:
20-D-931, KL Fuel Development 23,700 23,700
Laboratory...........................
19-D-930, KS Overhead Piping.......... 20,900 20,900
14-D-901 Spent fuel handling 238,000 238,000
recapitalization project, NRF........
Total, Construction..................... 282,600 282,600
Program direction....................... 50,500 50,500
Total, Naval Reactors..................... 1,648,396 1,633,396
Federal Salaries And Expenses
Program direction....................... 434,699 434,699
Total, Office Of The Administrator........ 434,699 434,699
Defense Environmental Cleanup
Closure sites:
Closure sites administration.......... 4,987 4,987
Richland:
River corridor and other cleanup 139,750 139,750
operations...........................
Central plateau remediation........... 472,949 522,949
Program increase.................... [50,000]
Richland community and regulatory 5,121 5,121
support..............................
Construction:
18-D-404 WESF Modifications and 11,000 11,000
Capsule Storage....................
Total, Construction................... 11,000 11,000
Total, Hanford site..................... 628,820 678,820
Office of River Protection:
Waste Treatment Immobilization Plant 15,000 15,000
Commissioning........................
Rad liquid tank waste stabilization 677,460 705,460
and disposition......................
Program increase.................... [28,000]
Construction:
18-D-16 Waste treatment and 640,000 640,000
immobilization plant--LBL/Direct
feed LAW...........................
01-D-16 D, High-level waste facility 30,000 25,000
Program decrease.................. [-5,000]
01-D-16 E--Pretreatment Facility.... 20,000 15,000
Program decrease.................. [-5,000]
Total, Construction................... 690,000 680,000
ORP Low-level waste offsite disposal.. 10,000 10,000
Total, Office of River Protection....... 1,392,460 1,410,460
Idaho National Laboratory:
Idaho cleanup and waste disposition... 331,354 331,354
Idaho community and regulatory support 3,500 3,500
Total, Idaho National Laboratory........ 334,854 334,854
NNSA sites and Nevada off-sites
Lawrence Livermore National Laboratory 1,727 1,727
LLNL Excess facilities D&D............ 128,000 55,000
Program decrease.................... [-73,000]
Nuclear facility D & D
Separations Process Research Unit... 15,300 15,300
Nevada.............................. 60,737 60,737
Sandia National Laboratories........ 2,652 2,652
Los Alamos National Laboratory...... 195,462 195,462
Total, NNSA sites and Nevada off-sites.. 403,878 330,878
Oak Ridge Reservation:
OR Nuclear facility D & D............. 93,693 93,693
Total, OR Nuclear facility D & D...... 93,693 93,693
U233 Disposition Program.............. 45,000 45,000
OR cleanup and waste disposition
OR cleanup and disposition.......... 82,000 82,000
Construction:
17-D-401 On-site waste disposal 15,269 10,000
facility.........................
Program decrease................ [-5,269]
14-D-403 Outfall 200 Mercury 49,000 49,000
Treatment Facility...............
Total, Construction................. 64,269 59,000
Total, OR cleanup and waste 146,269 141,000
disposition..........................
OR community & regulatory support..... 4,819 4,819
OR technology development and 3,000 3,000
deployment...........................
Total, Oak Ridge Reservation............ 292,781 287,512
Savannah River Sites:
Savannah River risk management
operations
Savannah River risk management 490,613 515,613
operations.........................
Construction:
18-D-402, Emergency Operations 6,792 6,792
Center...........................
Total, risk management operations..... 497,405 522,405
SR community and regulatory support... 4,749 11,249
Radioactive liquid tank waste 797,706 797,706
stabilization and disposition......
Construction:
20-D-402 Advanced Manufacturing 50,000 50,000
Collaborative Facility (AMC).....
20-D-401 Saltstone Disposal Unit 500 500
#10, 11, 12......................
19-D-701 SR Security sytem 0
replacement......................
18-D-402 Saltstone Disposal Unit 51,750 51,750
#8/9.............................
17-D-402 Saltstone Disposal Unit 40,034 40,034
#7...............................
05-D-405 Salt waste processing 20,988 20,988
facility, Savannah River Site....
Total, Construction................. 163,272 163,272
Total, Savannah River site.............. 1,463,132 1,494,632
Waste Isolation Pilot Plant
Waste Isolation Pilot Plant........... 299,088 299,088
Construction:
15-D-411 Safety significant 58,054 58,054
confinement ventilation system,
WIPP...............................
15-D-412 Exhaust shaft, WIPP........ 34,500 34,500
Total, Construction................... 92,554 92,554
Total, Waste Isolation Pilot Plant...... 391,642 391,642
Program direction....................... 278,908 278,908
Program support......................... 12,979 12,979
Safeguards and Security
Safeguards and Security............... 317,622 317,622
Total, Safeguards and Security.......... 317,622 317,622
Use of prior year balances.............. -15,562 -15,562
Total, Defense Environmental Cleanup...... 5,506,501 5,527,732
Other Defense Activities
Environment, health, safety and security
Environment, health, safety and 139,628 139,628
security.............................
Program direction..................... 72,881 72,881
Total, Environment, Health, Safety and 212,509 212,509
Security...............................
Independent enterprise assessments
Independent enterprise assessments.... 24,068 24,068
Program direction..................... 57,211 54,711
Non-defense function realignment.... [-2,500]
Total, Independent enterprise 81,279 78,779
assessments............................
Specialized security activities......... 254,578 254,578
Office of Legacy Management
Legacy management..................... 283,767 142,767
Program decrease.................... [-141,000]
Program direction..................... 19,262 19,262
Total, Office of Legacy Management...... 303,029 162,029
Defense related administrative support
Chief financial officer............... 54,538 54,538
Chief information officer............. 124,554 118,554
Program decrease.................... [-6,000]
Total, Defense related administrative 179,092 173,092
support................................
Office of Hearings and Appeals.......... 4,852 4,852
Subtotal, Other Defense Activities........ 1,035,339 885,839
Total, Other Defense Activities........... 1,035,339 885,839
Defense Nuclear Waste Disposal
Yucca Mountain and interim storage...... 26,000 0
Program cut........................... 0 [-26,000]
Total, Defense Nuclear Waste Disposal..... 26,000 0
------------------------------------------------------------------------
DIVISION E--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018, 2019,
AND 2020
SECTION 5001. SHORT TITLE.
This division may be cited as the ``Damon Paul Nelson and Matthew
Young Pollard Intelligence Authorization Act for Fiscal Years 2018,
2019, and 2020''.
SEC. 5002. SUBDIVISIONS AND TABLE OF CONTENTS.
(a) Divisions.--This division is organized into two subdivisions as
follows:
(1) Subdivision 1--Intelligence Authorizations for Fiscal Year
2020.
(2) Subdivision 2--Intelligence Authorizations for Fiscal Years
2018 and 2019.
(b) Table of Contents.--The table of contents for this division is
as follows:
DIVISION E--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018, 2019, AND
2020
Sec. 5001. Short title.
Sec. 5002. Subdivisions and table of contents.
Sec. 5003. Definitions.
Subdivision 1--Intelligence Authorizations for Fiscal Year 2020
Sec. 5100. Table of contents.
TITLE LI--INTELLIGENCE ACTIVITIES
Sec. 5101. Authorization of appropriations.
Sec. 5102. Classified schedule of authorizations.
Sec. 5103. Intelligence community management account.
TITLE LII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 5201. Authorization of appropriations.
TITLE LIII--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
Sec. 5301. Restriction on conduct of intelligence activities.
Sec. 5302. Increase in employee compensation and benefits authorized by
law.
Sec. 5303. Expansion of scope of protections for identities of covert
agents.
Sec. 5304. Required counterintelligence assessments, briefings,
notifications, and reports.
Sec. 5305. Inclusion of security risks in program management plans
required for acquisition of major systems in National
Intelligence Program.
Sec. 5306. Intelligence community public-private talent exchange.
Sec. 5307. Assessment of contracting practices to identify certain
security and counterintelligence concerns.
Subtitle B--Office of the Director of National Intelligence
Sec. 5321. Establishment of Climate Security Advisory Council.
Sec. 5322. Foreign Malign Influence Response Center.
Sec. 5323. Encouragement of cooperative actions to detect and counter
foreign influence operations.
Sec. 5324. Transfer of National Intelligence University to the Office of
the Director of National Intelligence.
Subtitle C--Inspector General of the Intelligence Community
Sec. 5331. Definitions.
Sec. 5332. Inspector General external review panel.
Sec. 5333. Harmonization of whistleblower processes and procedures.
Sec. 5334. Oversight by Inspector General of the Intelligence Community
over intelligence community whistleblower matters.
Sec. 5335. Report on cleared whistleblower attorneys.
Subtitle D--Central Intelligence Agency
Sec. 5341. Clarification of certain authority of the Central
Intelligence Agency.
TITLE LIV--SECURITY CLEARANCES
Sec. 5401. Improving visibility into the security clearance process.
Sec. 5402. Making certain policies and execution plans relating to
personnel clearances available to industry partners.
TITLE LV--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Matters Relating to Russia
Sec. 5501. Annual reports on influence operations and campaigns in the
United States by the Russian Federation.
Sec. 5502. Assessment of legitimate and illegitimate financial and other
assets of Vladimir Putin.
Sec. 5503. Assessments of intentions of political leadership of the
Russian Federation.
Subtitle B--Matters Relating to China
Sec. 5511. Annual reports on influence operations and campaigns in the
United States by the Communist Party of China.
Sec. 5512. Report on repression of ethnic Muslim minorities in the
Xinjiang region of the People's Republic of China.
Sec. 5513. Report on efforts by People's Republic of China to influence
election in Taiwan.
Subtitle C--Matters Relating to Other Countries
Sec. 5521. Sense of Congress and report on Iranian efforts in Syria and
Lebanon.
Sec. 5522. Assessments regarding the Northern Triangle and Mexico.
TITLE LVI--FEDERAL EFFORTS AGAINST DOMESTIC TERRORISM
Sec. 5601. Definitions.
Sec. 5602. Strategic intelligence assessment of and reports on domestic
terrorism.
TITLE LVII--REPORTS AND OTHER MATTERS
Subtitle A--Reports and Briefings
Sec. 5701. Modification of requirements for submission to Congress of
certain reports.
Sec. 5702. Increased transparency regarding counterterrorism budget of
the United States.
Sec. 5703. Study on role of retired and former personnel of intelligence
community with respect to certain foreign intelligence
operations.
Sec. 5704. Collection, analysis, and dissemination of workforce data.
Sec. 5705. Plan for strengthening the supply chain intelligence
function.
Sec. 5706. Comprehensive economic assessment of investment in key United
States technologies by companies or organizations linked to
China.
Sec. 5707. Report by Director of National Intelligence on fifth-
generation wireless network technology.
Sec. 5708. Report on use by intelligence community of facial recognition
technology.
Sec. 5709. Report on deepfake technology, foreign weaponization of
deepfakes, and related notifications.
Sec. 5710. Annual report by Comptroller General of the United States on
cybersecurity and surveillance threats to Congress.
Sec. 5711. Analysis of and periodic briefings on major initiatives of
intelligence community in artificial intelligence and machine
learning.
Sec. 5712. Report on best practices to protect privacy and civil
liberties of Chinese Americans.
Sec. 5713. Oversight of foreign influence in academia.
Sec. 5714. Report on death of Jamal Khashoggi.
Sec. 5715. Report on terrorist screening database.
Sec. 5716. Report containing threat assessment on terrorist use of
conventional and advanced conventional weapons.
Sec. 5717. Assessment of homeland security vulnerabilities associated
with certain retired and former personnel of the intelligence
community.
Sec. 5718. Study on feasibility and advisability of establishing
Geospatial-Intelligence Museum and learning center.
Subtitle B--Other Matters
Sec. 5721. Whistleblower disclosures to Congress and committees of
Congress.
Sec. 5722. Task force on illicit financing of espionage and foreign
influence operations.
Sec. 5723. Establishment of fifth-generation technology prize
competition.
Sec. 5724. Establishment of deepfakes prize competition.
Sec. 5725. Identification of and countermeasures against certain
International Mobile Subscriber Identity-catchers.
Sec. 5726. Securing energy infrastructure.
Subdivision 2--Intelligence Authorizations for Fiscal Years 2018 and
2019
Sec. 6100. Table of contents.
TITLE LXI--INTELLIGENCE ACTIVITIES
Sec. 6101. Authorization of appropriations.
Sec. 6102. Intelligence Community Management Account.
TITLE LXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 6201. Authorization of appropriations.
Sec. 6202. Computation of annuities for employees of the Central
Intelligence Agency.
TITLE LXIII--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 6301. Restriction on conduct of intelligence activities.
Sec. 6302. Increase in employee compensation and benefits authorized by
law.
Sec. 6303. Modification of special pay authority for science,
technology, engineering, or mathematics positions and addition
of special pay authority for cyber positions.
Sec. 6304. Modification of appointment of Chief Information Officer of
the Intelligence Community.
Sec. 6305. Director of National Intelligence review of placement of
positions within the intelligence community on the Executive
Schedule.
Sec. 6306. Supply Chain and Counterintelligence Risk Management Task
Force.
Sec. 6307. Consideration of adversarial telecommunications and
cybersecurity infrastructure when sharing intelligence with
foreign governments and entities.
Sec. 6308. Cyber protection support for the personnel of the
intelligence community in positions highly vulnerable to cyber
attack.
Sec. 6309. Elimination of sunset of authority relating to management of
supply-chain risk.
Sec. 6310. Limitations on determinations regarding certain security
classifications.
Sec. 6311. Joint Intelligence Community Council.
Sec. 6312. Intelligence community information technology environment.
Sec. 6313. Report on development of secure mobile voice solution for
intelligence community.
Sec. 6314. Policy on minimum insider threat standards.
Sec. 6315. Submission of intelligence community policies.
Sec. 6316. Expansion of intelligence community recruitment efforts.
TITLE LXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 6401. Authority for protection of current and former employees of
the Office of the Director of National Intelligence.
Sec. 6402. Designation of the program manager-information-sharing
environment.
Sec. 6403. Technical modification to the executive schedule.
Sec. 6404. Chief Financial Officer of the Intelligence Community.
Sec. 6405. Chief Information Officer of the Intelligence Community.
Subtitle B--Central Intelligence Agency
Sec. 6411. Central Intelligence Agency subsistence for personnel
assigned to austere locations.
Sec. 6412. Special rules for certain monthly workers' compensation
payments and other payments for Central Intelligence Agency
personnel.
Sec. 6413. Expansion of security protective service jurisdiction of the
Central Intelligence Agency.
Sec. 6414. Repeal of foreign language proficiency requirement for
certain senior level positions in the Central Intelligence
Agency.
Subtitle C--Office of Intelligence and Counterintelligence of Department
of Energy
Sec. 6421. Consolidation of Department of Energy Offices of Intelligence
and Counterintelligence.
Sec. 6422. Repeal of Department of Energy Intelligence Executive
Committee and budget reporting requirement.
Subtitle D--Other Elements
Sec. 6431. Plan for designation of counterintelligence component of
Defense Security Service as an element of intelligence
community.
Sec. 6432. Notice not required for private entities.
Sec. 6433. Establishment of advisory board for National Reconnaissance
Office.
Sec. 6434. Collocation of certain Department of Homeland Security
personnel at field locations.
TITLE LXV--ELECTION MATTERS
Sec. 6501. Report on cyber attacks by foreign governments against United
States election infrastructure.
Sec. 6502. Review of intelligence community's posture to collect against
and analyze Russian efforts to influence the Presidential
election.
Sec. 6503. Assessment of foreign intelligence threats to Federal
elections.
Sec. 6504. Strategy for countering Russian cyber threats to United
States elections.
Sec. 6505. Assessment of significant Russian influence campaigns
directed at foreign elections and referenda.
Sec. 6506. Information sharing with State election officials.
Sec. 6507. Notification of significant foreign cyber intrusions and
active measures campaigns directed at elections for Federal
offices.
Sec. 6508. Designation of counterintelligence officer to lead election
security matters.
TITLE LXVI--SECURITY CLEARANCES
Sec. 6601. Definitions.
Sec. 6602. Reports and plans relating to security clearances and
background investigations.
Sec. 6603. Improving the process for security clearances.
Sec. 6604. Goals for promptness of determinations regarding security
clearances.
Sec. 6605. Security Executive Agent.
Sec. 6606. Report on unified, simplified, Governmentwide standards for
positions of trust and security clearances.
Sec. 6607. Report on clearance in person concept.
Sec. 6608. Reports on reciprocity for security clearances inside of
departments and agencies.
Sec. 6609. Intelligence community reports on security clearances.
Sec. 6610. Periodic report on positions in the intelligence community
that can be conducted without access to classified
information, networks, or facilities.
Sec. 6611. Information-sharing program for positions of trust and
security clearances.
Sec. 6612. Report on protections for confidentiality of whistleblower-
related communications.
Sec. 6613. Reports on costs of security clearance background
investigations.
TITLE LXVII--REPORTS AND OTHER MATTERS
Subtitle A--Matters Relating to Russia and Other Foreign Powers
Sec. 6701. Limitation relating to establishment or support of
cybersecurity unit with the Russian Federation.
Sec. 6702. Assessment of threat finance relating to Russia.
Sec. 6703. Notification of an active measures campaign.
Sec. 6704. Notification of travel by accredited diplomatic and consular
personnel of the Russian Federation in the United States.
Sec. 6705. Report and annual briefing on Iranian expenditures supporting
foreign military and terrorist activities.
Sec. 6706. Expansion of scope of committee to counter active measures.
Subtitle B--Reports
Sec. 6711. Technical correction to Inspector General study.
Sec. 6712. Reports on authorities of the Chief Intelligence Officer of
the Department of Homeland Security.
Sec. 6713. Review of intelligence community whistleblower matters.
Sec. 6714. Report on role of Director of National Intelligence with
respect to certain foreign investments.
Sec. 6715. Report on surveillance by foreign governments against United
States telecommunications networks.
Sec. 6716. Biennial report on foreign investment risks.
Sec. 6717. Modification of certain reporting requirement on travel of
foreign diplomats.
Sec. 6718. Semiannual reports on investigations of unauthorized
disclosures of classified information.
Sec. 6719. Congressional notification of designation of covered
intelligence officer as persona non grata.
Sec. 6720. Reports on intelligence community participation in
vulnerabilities equities process of Federal Government.
Sec. 6721. Inspectors General reports on classification.
Sec. 6722. Reports and briefings on national security effects of global
water insecurity and emerging infectious disease and
pandemics.
Sec. 6723. Annual report on memoranda of understanding between elements
of intelligence community and other entities of the United
States Government regarding significant operational activities
or policy.
Sec. 6724. Study on the feasibility of encrypting unclassified wireline
and wireless telephone calls.
Sec. 6725. Reports on intelligence community loan repayment and related
programs.
Sec. 6726. Repeal of certain reporting requirements.
Sec. 6727. Inspector General of the Intelligence Community report on
senior executives of the Office of the Director of National
Intelligence.
Sec. 6728. Briefing on Federal Bureau of Investigation offering
permanent residence to sources and cooperators.
Sec. 6729. Intelligence assessment of North Korea revenue sources.
Sec. 6730. Report on possible exploitation of virtual currencies by
terrorist actors.
Subtitle C--Other Matters
Sec. 6741. Public Interest Declassification Board.
Sec. 6742. Technical and clerical amendments to the National Security
Act of 1947.
Sec. 6743. Bug bounty programs.
Sec. 6744. Technical amendments related to the Department of Energy.
Sec. 6745. Sense of Congress on notification of certain disclosures of
classified information.
Sec. 6746. Sense of Congress on consideration of espionage activities
when considering whether or not to provide visas to foreign
individuals to be accredited to a United Nations mission in
the United States.
Sec. 6747. Sense of Congress on WikiLeaks.
SEC. 5003. DEFINITIONS.
In this division:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' has the meaning given
such term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
SUBDIVISION 1--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEAR 2020
SEC. 5100. TABLE OF CONTENTS.
The table of contents for this subdivision is as follows:
Sec. 5100. Table of contents.
TITLE LI--INTELLIGENCE ACTIVITIES
Sec. 5101. Authorization of appropriations.
Sec. 5102. Classified schedule of authorizations.
Sec. 5103. Intelligence community management account.
TITLE LII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 5201. Authorization of appropriations.
TITLE LIII--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
Sec. 5301. Restriction on conduct of intelligence activities.
Sec. 5302. Increase in employee compensation and benefits authorized by
law.
Sec. 5303. Expansion of scope of protections for identities of covert
agents.
Sec. 5304. Required counterintelligence assessments, briefings,
notifications, and reports.
Sec. 5305. Inclusion of security risks in program management plans
required for acquisition of major systems in National
Intelligence Program.
Sec. 5306. Intelligence community public-private talent exchange.
Sec. 5307. Assessment of contracting practices to identify certain
security and counterintelligence concerns.
Subtitle B--Office of the Director of National Intelligence
Sec. 5321. Establishment of Climate Security Advisory Council.
Sec. 5322. Foreign Malign Influence Response Center.
Sec. 5323. Encouragement of cooperative actions to detect and counter
foreign influence operations.
Sec. 5324. Transfer of National Intelligence University to the Office of
the Director of National Intelligence.
Subtitle C--Inspector General of the Intelligence Community
Sec. 5331. Definitions.
Sec. 5332. Inspector General external review panel.
Sec. 5333. Harmonization of whistleblower processes and procedures.
Sec. 5334. Oversight by Inspector General of the Intelligence Community
over intelligence community whistleblower matters.
Sec. 5335. Report on cleared whistleblower attorneys.
Subtitle D--Central Intelligence Agency
Sec. 5341. Clarification of certain authority of the Central
Intelligence Agency.
TITLE LIV--SECURITY CLEARANCES
Sec. 5401. Improving visibility into the security clearance process.
Sec. 5402. Making certain policies and execution plans relating to
personnel clearances available to industry partners.
TITLE LV--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Matters Relating to Russia
Sec. 5501. Annual reports on influence operations and campaigns in the
United States by the Russian Federation.
Sec. 5502. Assessment of legitimate and illegitimate financial and other
assets of Vladimir Putin.
Sec. 5503. Assessments of intentions of political leadership of the
Russian Federation.
Subtitle B--Matters Relating to China
Sec. 5511. Annual reports on influence operations and campaigns in the
United States by the Communist Party of China.
Sec. 5512. Report on repression of ethnic Muslim minorities in the
Xinjiang region of the People's Republic of China.
Sec. 5513. Report on efforts by People's Republic of China to influence
election in Taiwan.
Subtitle C--Matters Relating to Other Countries
Sec. 5521. Sense of Congress and report on Iranian efforts in Syria and
Lebanon.
Sec. 5522. Assessments regarding the Northern Triangle and Mexico.
TITLE LVI--FEDERAL EFFORTS AGAINST DOMESTIC TERRORISM
Sec. 5601. Definitions.
Sec. 5602. Strategic intelligence assessment of and reports on domestic
terrorism.
TITLE LVII--REPORTS AND OTHER MATTERS
Subtitle A--Reports and Briefings
Sec. 5701. Modification of requirements for submission to Congress of
certain reports.
Sec. 5702. Increased transparency regarding counterterrorism budget of
the United States.
Sec. 5703. Study on role of retired and former personnel of intelligence
community with respect to certain foreign intelligence
operations.
Sec. 5704. Collection, analysis, and dissemination of workforce data.
Sec. 5705. Plan for strengthening the supply chain intelligence
function.
Sec. 5706. Comprehensive economic assessment of investment in key United
States technologies by companies or organizations linked to
China.
Sec. 5707. Report by Director of National Intelligence on fifth-
generation wireless network technology.
Sec. 5708. Report on use by intelligence community of facial recognition
technology.
Sec. 5709. Report on deepfake technology, foreign weaponization of
deepfakes, and related notifications.
Sec. 5710. Annual report by Comptroller General of the United States on
cybersecurity and surveillance threats to Congress.
Sec. 5711. Analysis of and periodic briefings on major initiatives of
intelligence community in artificial intelligence and machine
learning.
Sec. 5712. Report on best practices to protect privacy and civil
liberties of Chinese Americans.
Sec. 5713. Oversight of foreign influence in academia.
Sec. 5714. Report on death of Jamal Khashoggi.
Sec. 5715. Report on terrorist screening database.
Sec. 5716. Report containing threat assessment on terrorist use of
conventional and advanced conventional weapons.
Sec. 5717. Assessment of homeland security vulnerabilities associated
with certain retired and former personnel of the intelligence
community.
Sec. 5718. Study on feasibility and advisability of establishing
Geospatial-Intelligence Museum and learning center.
Subtitle B--Other Matters
Sec. 5721. Whistleblower disclosures to Congress and committees of
Congress.
Sec. 5722. Task force on illicit financing of espionage and foreign
influence operations.
Sec. 5723. Establishment of fifth-generation technology prize
competition.
Sec. 5724. Establishment of deepfakes prize competition.
Sec. 5725. Identification of and countermeasures against certain
International Mobile Subscriber Identity-catchers.
Sec. 5726. Securing energy infrastructure.
TITLE LI--INTELLIGENCE ACTIVITIES
SEC. 5101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2020
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy, and
the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 5102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to be
appropriated under section 5101 for the conduct of the intelligence
activities of the elements listed in paragraphs (1) through (16) of
section 5101, are those specified in the classified Schedule of
Authorizations prepared to accompany this division.
(b) Availability of Classified Schedule of Authorizations.--
(1) Availability.--The classified Schedule of Authorizations
referred to in subsection (a) shall be made available to the
Committee on Appropriations of the Senate, the Committee on
Appropriations of the House of Representatives, and to the
President.
(2) Distribution by the president.--Subject to paragraph (3),
the President shall provide for suitable distribution of the
classified Schedule of Authorizations referred to in subsection
(a), or of appropriate portions of such Schedule, within the
executive branch.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any portion
of such Schedule except--
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C.
3306(a));
(B) to the extent necessary to implement the budget; or
(C) as otherwise required by law.
SEC. 5103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2020 the sum of
$565,637,000.
(b) Classified Authorization of Appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence Community
Management Account by subsection (a), there are authorized to be
appropriated for the Intelligence Community Management Account for
fiscal year 2020 such additional amounts as are specified in the
classified Schedule of Authorizations referred to in section 5102(a).
TITLE LII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 5201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund $514,000,000 for fiscal year
2020.
TITLE LIII--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
SEC. 5301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this subdivision shall not
be deemed to constitute authority for the conduct of any intelligence
activity which is not otherwise authorized by the Constitution or the
laws of the United States.
SEC. 5302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this subdivision for salary, pay,
retirement, and other benefits for Federal employees may be increased
by such additional or supplemental amounts as may be necessary for
increases in such compensation or benefits authorized by law.
SEC. 5303. EXPANSION OF SCOPE OF PROTECTIONS FOR IDENTITIES OF COVERT
AGENTS.
Section 605(4) of the National Security Act of 1947 (50 U.S.C.
3126(4)) is amended--
(1) in subparagraph (A)--
(A) by striking clause (ii);
(B) in clause (i), by striking ``, and'' and inserting ``;
or''; and
(C) by striking ``agency--'' and all that follows through
``whose identity'' and inserting ``agency whose identity''; and
(2) in subparagraph (B)(i), by striking ``resides and acts
outside the United States'' and inserting ``acts''.
SEC. 5304. REQUIRED COUNTERINTELLIGENCE ASSESSMENTS, BRIEFINGS,
NOTIFICATIONS, AND REPORTS.
(a) Foreign Counterintelligence and Cybersecurity Threats to
Federal Election Campaigns.--
(1) Reports required.--
(A) In general.--As provided in subparagraph (B), with
respect to an election for Federal office, the Director of
National Intelligence, in coordination with the Under Secretary
of Homeland Security for Intelligence and Analysis and the
Director of the Federal Bureau of Investigation, shall make
publicly available on an internet website an advisory report on
foreign counterintelligence and cybersecurity threats to
campaigns of candidates for Federal office. Each such report,
consistent with the protection of sources and methods, shall
include the following:
(i) A description of foreign counterintelligence and
cybersecurity threats to campaigns of candidates for
Federal office.
(ii) A summary of best practices that campaigns of
candidates for Federal office can employ in seeking to
counter such threats.
(iii) An identification of publicly available
resources, including United States Government resources,
for countering such threats.
(B) Schedule for submittal.--
(i) In general.--Except as provided by clause (ii),
with respect to an election for Federal office, a report
under this subsection shall be first made available not
later than the date that is 1 year before the date of such
election, and may be subsequently revised as the Director
of National Intelligence determines appropriate.
(ii) 2020 elections.--With respect to an election for
Federal office that occurs during 2020, the report under
this subsection shall be first made available not later
than the date that is 60 days after the date of the
enactment this Act, and may be subsequently revised as the
Director of National Intelligence determines appropriate.
(C) Information to be included.--A report under this
subsection shall reflect the most current information available
to the Director of National Intelligence regarding foreign
counterintelligence and cybersecurity threats.
(2) Treatment of campaigns subject to heightened threats.--If
the Director of the Federal Bureau of Investigation and the Under
Secretary of Homeland Security for Intelligence and Analysis
jointly determine that a campaign of a candidate for Federal office
is subject to a heightened foreign counterintelligence or
cybersecurity threat, the Director and the Under Secretary,
consistent with the protection of sources and methods, may make
available additional information to the appropriate representatives
of such campaign.
(b) Briefings on Counterintelligence Activities of the Federal
Bureau of Investigation.--
(1) In general.--Title V of the National Security Act of 1947
(50 U.S.C. 3091 et seq.), is amended by adding at the end the
following new section:
``SEC. 512. BRIEFINGS AND NOTIFICATIONS ON COUNTERINTELLIGENCE
ACTIVITIES OF THE FEDERAL BUREAU OF INVESTIGATION.
``(a) Quarterly Briefings.--In addition to, and without any
derogation of, the requirement under section 501 to keep the
congressional intelligence committees fully and currently informed of
the intelligence and counterintelligence activities of the United
States, not less frequently than once each quarter, or more frequently
if requested by the congressional intelligence committees, the Director
of the Federal Bureau of Investigation shall provide to the
congressional intelligence committees a briefing on the
counterintelligence activities of the Federal Bureau of Investigation.
Such briefings shall include, at a minimum, an overview and update of--
``(1) the counterintelligence posture of the Bureau;
``(2) counterintelligence investigations; and
``(3) any other information relating to the counterintelligence
activities of the Bureau that the Director determines necessary.
``(b) Notifications.--In addition to the quarterly briefings under
subsection (a), the Director of the Federal Bureau of Investigation
shall promptly notify the congressional intelligence committees of any
counterintelligence investigation carried out by the Bureau with
respect to any counterintelligence risk or threat that is related to an
election or campaign for Federal office.
``(c) Guidelines.--
``(1) Development and consultation.--The Director shall develop
guidelines governing the scope of the briefings provided under
subsection (a), the notifications provided under subsection (b),
and the information required by section 5304(a)(2) of the Damon
Paul Nelson and Matthew Young Pollard Intelligence Authorization
Act for Fiscal Years 2018, 2019, and 2020. The Director shall
consult the congressional intelligence committees during such
development.
``(2) Submission.--The Director shall submit to the
congressional intelligence committees--
``(A) the guidelines under paragraph (1) upon issuance; and
``(B) any updates to such guidelines by not later than 15
days after making such update.''.
(2) Clerical amendment.--The table of contents at the beginning
of such Act is amended by inserting after the item relating to
section 511 the following new item:
``Sec. 512. Briefings and notifications on counterintelligence
activities of the Federal Bureau of Investigation.''.
(c) Director of National Intelligence Assessment of Foreign
Interference in Federal Elections.--
(1) Assessments required.--Not later than 45 days after the end
of a Federal election cycle, the Director of National Intelligence,
in consultation with the heads of such other executive departments
and agencies as the Director considers appropriate, shall--
(A) conduct an assessment of any information indicating
that a foreign government, or any person acting as an agent of
or on behalf of a foreign government, has acted with the intent
or purpose of interfering in elections for Federal office
occurring during the Federal election cycle; and
(B) transmit the findings of the Director with respect to
the assessment conducted under subparagraph (A), along with
such supporting information as the Director considers
appropriate, to the following:
(i) The President.
(ii) The Secretary of State.
(iii) The Secretary of the Treasury.
(iv) The Secretary of Defense.
(v) The Attorney General.
(vi) The Secretary of Homeland Security.
(vii) Congress.
(2) Elements.--An assessment conducted under paragraph (1)(A),
with respect to an act described in such paragraph, shall identify,
to the maximum extent ascertainable, the following:
(A) The nature of any foreign interference and any methods
employed to execute the act.
(B) The persons involved.
(C) The foreign government or governments that authorized,
directed, sponsored, or supported the act.
(3) Publication.--The Director shall, not later than 60 days
after the end of a Federal election cycle, make available to the
public, to the greatest extent possible consistent with the
protection of sources and methods, the findings transmitted under
paragraph (1)(B).
(4) Federal election cycle defined.--In this section, the term
``Federal election cycle'' means the period which begins on the day
after the date of a regularly scheduled general election for
Federal office and which ends on the date of the first regularly
scheduled general election for Federal office held after such date.
(5) Effective date.--This subsection shall apply with respect
to the Federal election cycle that began during November 2018, and
each succeeding Federal election cycle.
SEC. 5305. INCLUSION OF SECURITY RISKS IN PROGRAM MANAGEMENT PLANS
REQUIRED FOR ACQUISITION OF MAJOR SYSTEMS IN NATIONAL INTELLIGENCE
PROGRAM.
Section 102A(q)(1)(A) of the National Security Act of 1947 (50
U.S.C. 3024(q)(1)(A)) is amended by inserting ``security risks,'' after
``schedule,''.
SEC. 5306. INTELLIGENCE COMMUNITY PUBLIC-PRIVATE TALENT EXCHANGE.
(a) Policies, Processes, and Procedures Required.--Not later than
270 days after the date of the enactment of this Act, the Director of
National Intelligence shall develop policies, processes, and procedures
to facilitate the rotation of personnel of the intelligence community
to the private sector, and personnel from the private sector to the
intelligence community.
(b) Detail Authority.--Under policies developed by the Director
pursuant to subsection (a), pursuant to a written agreement with a
private-sector organization, and with the consent of the employee, a
head of an element of the intelligence community may arrange for the
temporary detail of an employee of such element to such private-sector
organization, or from such private-sector organization to such element
under this section.
(c) Agreements.--
(1) In general.--A head of an element of the intelligence
community exercising the authority of the head under subsection (a)
shall provide for a written agreement among the element of the
intelligence community, the private-sector organization, and the
employee concerned regarding the terms and conditions of the
employee's detail under this section. The agreement--
(A) shall require that the employee of the element, upon
completion of the detail, serve in the element, or elsewhere in
the civil service if approved by the head of the element, for a
period that is at least equal to the length of the detail;
(B) shall provide that if the employee of the element fails
to carry out the agreement, such employee shall be liable to
the United States for payment of all nonsalary and benefit
expenses of the detail, unless that failure was for good and
sufficient reason, as determined by the head of the element;
(C) shall contain language informing such employee of the
prohibition on sharing, using, or otherwise improperly handling
classified or unclassified nonpublic information for the
benefit or advantage of the private-sector organization;
(D) shall contain language governing the handling of
classified information by such employee during the detail; and
(E) shall contain language requiring the employee to
acknowledge the obligations of the employee under section 1905
of title 18, United States Code.
(2) Amount of liability.--An amount for which an employee is
liable under paragraph (1) shall be treated as a debt due the
United States.
(3) Waiver.--The head of an element of the intelligence
community may waive, in whole or in part, collection of a debt
described in paragraph (2) based on a determination that the
collection would be against equity and good conscience and not in
the best interests of the United States, after taking into account
any indication of fraud, misrepresentation, fault, or lack of good
faith on the part of the employee.
(d) Termination.--A detail under this section may, at any time and
for any reason, be terminated by the head of the element of the
intelligence community concerned or the private-sector organization
concerned.
(e) Duration.--
(1) In general.--A detail under this section shall be for a
period of not less than 3 months and not more than 2 years,
renewable up to a total of 3 years.
(2) Longer periods.--A detail under this section may be for a
period in excess of 2 years, but not more than 3 years, if the head
of the element making the detail determines that such detail is
necessary to meet critical mission or program requirements.
(3) Limitation.--No employee of an element of the intelligence
community may be detailed under this section for more than a total
of 5 years, inclusive of all such details.
(f) Status of Federal Employees Detailed to Private-Sector
Organizations.--
(1) In general.--An employee of an element of the intelligence
community who is detailed to a private-sector organization under
this section shall be considered, during the period of detail, to
be on a regular work assignment in the element. The written
agreement established under subsection (c)(1) shall address the
specific terms and conditions related to the employee's continued
status as a Federal employee.
(2) Requirements.--In establishing a temporary detail of an
employee of an element of the intelligence community to a private-
sector organization, the head of the element shall--
(A) certify that the temporary detail of such employee
shall not have an adverse or negative impact on mission
attainment or organizational capabilities associated with the
detail; and
(B) in the case of an element of the intelligence community
in the Department of Defense, ensure that the normal duties and
functions of such employees are not, as a result of and during
the course of such temporary detail, performed or augmented by
contractor personnel in violation of the provisions of section
2461 of title 10, United States Code.
(g) Terms and Conditions for Private-Sector Employees.--An employee
of a private-sector organization who is detailed to an element of the
intelligence community under this section--
(1) shall continue to receive pay and benefits from the
private-sector organization from which such employee is detailed
and shall not receive pay or benefits from the element, except as
provided in paragraph (2);
(2) is deemed to be an employee of the element for the purposes
of--
(A) chapters 73 and 81 of title 5, United States Code;
(B) sections 201, 203, 205, 207, 208, 209, 603, 606, 607,
643, 654, 1905, and 1913 of title 18, United States Code;
(C) sections 1343, 1344, and 1349(b) of title 31, United
States Code;
(D) chapter 171 of title 28, United States Code (commonly
known as the ``Federal Tort Claims Act'') and any other Federal
tort liability statute;
(E) the Ethics in Government Act of 1978 (5 U.S.C. App.);
and
(F) chapter 21 of title 41, United States Code;
(3) may perform work that is considered inherently governmental
in nature only when requested in writing by the head of the
element;
(4) may not be used to circumvent any limitation or restriction
on the size of the workforce of the element;
(5) shall be subject to the same requirements applicable to an
employee performing the same functions and duties proposed for
performance by the private-sector employee; and
(6) in the case of an element of the intelligence community in
the Department of Defense, may not be used to circumvent the
provisions of section 2461 of title 10, United States Code.
(h) Prohibition Against Charging Certain Costs to the Federal
Government.--A private-sector organization may not charge an element of
the intelligence community or any other agency of the Federal
Government, as direct costs under a Federal contract, the costs of pay
or benefits paid by the organization to an employee detailed to an
element of the intelligence community under this section for the period
of the detail and any subsequent renewal periods.
(i) Additional Administrative Matters.--In carrying out this
section, the Director, pursuant to procedures developed under
subsection (a)--
(1) shall, to the degree practicable, ensure that small
business concerns are represented with respect to details
authorized by this section;
(2) may, notwithstanding any other provision of law, establish
criteria for elements of the intelligence community to use
appropriated funds to reimburse small business concerns for the
salaries and benefits of its employees during the periods when the
small business concern agrees to detail its employees to the
intelligence community under this section;
(3) shall take into consideration the question of how details
under this section might best be used to help meet the needs of the
intelligence community, including with respect to the training of
employees;
(4) shall take into consideration areas of private-sector
expertise that are critical to the intelligence community; and
(5) shall establish oversight mechanisms to determine whether
the public-private exchange authorized by this section improves the
efficiency and effectiveness of the intelligence community.
(j) Definitions.--In this section:
(1) Detail.--The term ``detail'' means, as appropriate in the
context in which such term is used--
(A) the assignment or loan of an employee of an element of
the intelligence community to a private-sector organization
without a change of position from the intelligence community
element that employs the individual; or
(B) the assignment or loan of an employee of a private-
sector organization to an element of the intelligence community
without a change of position from the private-sector
organization that employs the individual.
(2) Private-sector organization.--The term ``private-sector
organization'' means--
(A) a for-profit organization; or
(B) a not-for-profit organization.
(3) Small business concern.--The term ``small business
concern'' has the meaning given such term in section 3703(e)(2) of
title 5, United States Code.
SEC. 5307. ASSESSMENT OF CONTRACTING PRACTICES TO IDENTIFY CERTAIN
SECURITY AND COUNTERINTELLIGENCE CONCERNS.
(a) Assessment.--
(1) Contracting practices.--The Director of National
Intelligence shall conduct an assessment of the authorities,
policies, processes, and standards used by the elements of the
intelligence community to ensure that the elements appropriately
weigh security and counterintelligence risks in awarding a contract
to a contractor that--
(A) carries out any joint research and development
activities with a covered foreign country; or
(B) performs any contract or other agreement entered into
with a covered foreign country.
(2) Elements.--The assessment under paragraph (1) shall include
the following:
(A) An assessment of whether the authorities, policies,
processes, and standards specified in paragraph (1)
sufficiently identify security and counterintelligence
concerns.
(B) Identification of any authority gaps in such
authorities, policies, processes, and standards that prevent
the intelligence community from considering the activities
specified in subparagraphs (A) and (B) of paragraph (1) when
evaluating offers for a contract.
(3) Consultation.--In carrying out paragraph (1), the Director
shall consult with each head of an element of the intelligence
community.
(b) Report.--
(1) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Director shall submit to the
congressional intelligence committees a report on the assessment
under subsection (a)(1).
(2) Matters included.--The report under paragraph (1) shall
include the following:
(A) The assessment under subsection (a)(1).
(B) An identification of any known contractors that have--
(i) carried out activities specified in subparagraphs
(A) and (B) of subsection (a)(1); and
(ii) submitted an offer for a contract with an element
of the intelligence community.
(C) A description of the steps that the Director and the
heads of the elements of the intelligence community took to
identify contractors under subparagraph (B).
(3) Form.--The report under paragraph (1) shall be submitted in
unclassified form, but may include a classified annex.
(c) Covered Foreign Country Defined.--In this section, the term
``covered foreign country'' means the government, or any entity
affiliated with the military or intelligence services of, the following
foreign countries:
(1) The People's Republic of China.
(2) The Russian Federation.
(3) The Democratic People's Republic of Korea.
(4) The Islamic Republic of Iran.
(5) Such other countries as the Director considers appropriate.
Subtitle B--Office of the Director of National Intelligence
SEC. 5321. ESTABLISHMENT OF CLIMATE SECURITY ADVISORY COUNCIL.
(a) Establishment.--Title I of the National Security Act of 1947
(50 U.S.C. 3021 et seq.) is amended by adding at the end the following
new section:
``SEC. 120. CLIMATE SECURITY ADVISORY COUNCIL.
``(a) Establishment.--The Director of National Intelligence shall
establish a Climate Security Advisory Council for the purpose of--
``(1) assisting intelligence analysts of various elements of
the intelligence community with respect to analysis of climate
security and its impact on the areas of focus of such analysts;
``(2) facilitating coordination between the elements of the
intelligence community and elements of the Federal Government that
are not elements of the intelligence community in collecting data
on, and conducting analysis of, climate change and climate
security; and
``(3) ensuring that the intelligence community is adequately
prioritizing climate change in carrying out its activities.
``(b) Composition of Council.--
``(1) Members.--The Council shall be composed of the following
individuals appointed by the Director of National Intelligence:
``(A) An appropriate official from the National
Intelligence Council, who shall chair the Council.
``(B) The lead official with respect to climate and
environmental security analysis from--
``(i) the Central Intelligence Agency;
``(ii) the Bureau of Intelligence and Research of the
Department of State;
``(iii) the National Geospatial-Intelligence Agency;
``(iv) the Office of Intelligence and
Counterintelligence of the Department of Energy;
``(v) the Office of the Under Secretary of Defense for
Intelligence; and
``(vi) the Defense Intelligence Agency.
``(C) Three appropriate officials from elements of the
Federal Government that are not elements of the intelligence
community that are responsible for--
``(i) providing decision makers with a predictive
understanding of the climate;
``(ii) making observations of our Earth system that can
be used by the public, policymakers, and to support
strategic decisions; or
``(iii) coordinating Federal research and investments
in understanding the forces shaping the global environment,
both human and natural, and their impacts on society.
``(D) Any other officials as the Director of National
Intelligence or the chair of the Council may determine
appropriate.
``(2) Responsibilities of chair.--The chair of the Council
shall have responsibility for--
``(A) identifying agencies to supply individuals from
elements of the Federal Government that are not elements of the
intelligence community;
``(B) securing the permission of the relevant agency heads
for the participation of such individuals on the Council; and
``(C) any other duties that the Director of National
Intelligence may direct.
``(c) Duties and Responsibilities of Council.--The Council shall
carry out the following duties and responsibilities:
``(1) To meet at least quarterly to--
``(A) exchange appropriate data between elements of the
intelligence community and elements of the Federal Government
that are not elements of the intelligence community;
``(B) discuss processes for the routine exchange of such
data and implementation of such processes; and
``(C) prepare summaries of the business conducted at each
meeting.
``(2) To assess and determine best practices with respect to
the analysis of climate security, including identifying publicly
available information and intelligence acquired through clandestine
means that enables such analysis.
``(3) To assess and identify best practices with respect to
prior efforts of the intelligence community to analyze climate
security.
``(4) To assess and describe best practices for identifying and
disseminating climate security indicators and warnings.
``(5) To recommend methods of incorporating analysis of climate
security and the best practices identified under paragraphs (2)
through (4) into existing analytic training programs.
``(6) To consult, as appropriate, with other elements of the
intelligence community that conduct analysis of climate change or
climate security and elements of the Federal Government that are
not elements of the intelligence community that conduct analysis of
climate change or climate security, for the purpose of sharing
information about ongoing efforts and avoiding duplication of
existing efforts.
``(7) To work with elements of the intelligence community that
conduct analysis of climate change or climate security and elements
of the Federal Government that are not elements of the intelligence
community that conduct analysis of climate change or climate
security--
``(A) to exchange appropriate data between such elements,
establish processes, procedures and practices for the routine
exchange of such data, discuss the implementation of such
processes; and
``(B) to enable and facilitate the sharing of findings and
analysis between such elements.
``(8) To assess whether the elements of the intelligence
community that conduct analysis of climate change or climate
security may inform the research direction of academic work and the
sponsored work of the United States Government.
``(9) At the discretion of the chair of the Council, to convene
conferences of analysts and nonintelligence community personnel
working on climate change or climate security on subjects that the
chair shall direct.
``(d) Sunset.--The Council shall terminate on the date that is 4
years after the date of the enactment of this section.
``(e) Definitions.--In this section:
``(1) Climate security.--The term `climate security' means the
effects of climate change on the following:
``(A) The national security of the United States, including
national security infrastructure.
``(B) Subnational, national, and regional political
stability.
``(C) The security of allies and partners of the United
States.
``(D) Ongoing or potential political violence, including
unrest, rioting, guerrilla warfare, insurgency, terrorism,
rebellion, revolution, civil war, and interstate war.
``(2) Climate intelligence indications and warnings.--The term
`climate intelligence indications and warnings' means developments
relating to climate security with the potential to--
``(A) imminently and substantially alter the political
stability or degree of human security in a country or region;
or
``(B) imminently and substantially threaten--
``(i) the national security of the United States;
``(ii) the military, political, or economic interests
of allies and partners of the United States; or
``(iii) citizens of the United States abroad.''.
(b) Clerical Amendment.--The table of contents in the first section
of the National Security Act of 1947 is amended by inserting after the
item relating to section 119B the following new item:
``Sec. 120. Climate Security Advisory Council.''.
(c) Initial Appointments.--Not later than 90 days after the date of
the enactment of this Act, the Director of National Intelligence shall
appoint the members of the Council under section 120 of the National
Security Act of 1947, as added by subsection (a).
SEC. 5322. FOREIGN MALIGN INFLUENCE RESPONSE CENTER.
(a) Establishment.--The National Security Act of 1947 (50 U.S.C.
3001 et seq.) is amended by inserting after section 119B the following
new section:
``SEC. 119C. FOREIGN MALIGN INFLUENCE RESPONSE CENTER.
``(a) Establishment.--There is within the Office of the Director of
National Intelligence a Foreign Malign Influence Response Center (in
this section referred to as the `Center').
``(b) Functions and Composition.--The Center shall--
``(1) be comprised of analysts from all elements of the
intelligence community, including elements with diplomatic and law
enforcement functions;
``(2) have access to all intelligence and other reporting
possessed or acquired by the United States Government pertaining to
foreign malign influence;
``(3) serve as the primary organization in the United States
Government for analyzing and integrating all intelligence possessed
or acquired by the United States Government pertaining to foreign
malign influence; and
``(4) provide to employees and officers of the Federal
Government in policy-making positions and Congress comprehensive
assessments, and indications and warnings, of foreign malign
influence.
``(c) Director.--
``(1) Appointment.--There is a Director of the Center, who
shall be the head of the Center, and who shall be appointed by the
Director of National Intelligence.
``(2) Role.--The Director of the Center shall--
``(A) report directly to the Director of National
Intelligence;
``(B) carry out the functions under subsection (b); and
``(C) at the request of the President or the Director of
National Intelligence, develop and provide recommendations for
potential responses by the United States to foreign malign
influence.
``(d) Annual Reports.--
``(1) In general.--In addition to the matters submitted
pursuant to subsection (b)(4), at the direction of the Director of
National Intelligence, but not less than once each year, the
Director of the Center shall submit to the congressional
intelligence committees, the Committee on Foreign Affairs of the
House of Representatives, and the Committee on Foreign Relations of
the Senate a report on foreign malign influence.
``(2) Matters included.--Each report under paragraph (1) shall
include, with respect to the period covered by the report, a
discussion of the following:
``(A) The most significant activities of the Center.
``(B) Any recommendations the Director determines necessary
for legislative or other actions to improve the ability of the
Center to carry out its functions, including recommendations
regarding the protection of privacy and civil liberties.
``(e) Definitions.--In this section:
``(1) Covered foreign country.--The term `covered foreign
country' means the following:
``(A) The Russian Federation.
``(B) The Islamic Republic of Iran.
``(C) The Democratic People's Republic of Korea.
``(D) The People's Republic of China.
``(E) Any other foreign country that the Director of the
Center determines appropriate for purposes of this section.
``(2) Foreign malign influence.--The term `foreign malign
influence' means any hostile effort undertaken by, at the direction
of, or on behalf of or with the substantial support of, the
government of a covered foreign country with the objective of
influencing, through overt or covert means--
``(A) the political, military, economic, or other policies
or activities of the United States Government or State or local
governments, including any election within the United States;
or
``(B) the public opinion within the United States.''.
(b) Clerical Amendment.--The table of contents at the beginning of
such Act is amended by inserting after the item relating to section
119B the following new item:
``Sec. 119C. Foreign Malign Influence Response Center.''.
(c) Conforming Amendment.--Section 507(a) of such Act (50 U.S.C.
3106) is amended by adding at the end the following new paragraph:
``(6) An annual report submitted under section 119C(d)(1).''.
SEC. 5323. ENCOURAGEMENT OF COOPERATIVE ACTIONS TO DETECT AND COUNTER
FOREIGN INFLUENCE OPERATIONS.
(a) Findings.--Congress makes the following findings:
(1) The Russian Federation, through military intelligence
units, also known as the ``GRU'', and Kremlin-linked troll
organizations often referred to as the ``Internet Research
Agency'', deploy information warfare operations against the United
States, its allies and partners, with the goal of advancing the
strategic interests of the Russian Federation.
(2) One line of effort deployed as part of these information
warfare operations is the weaponization of social media platforms
with the goals of intensifying societal tensions, undermining trust
in governmental institutions within the United States, its allies
and partners in the West, and generally sowing division, fear, and
confusion.
(3) These information warfare operations are a threat to the
national security of the United States and that of the allies and
partners of the United States. As former Director of National
Intelligence Dan Coats stated, ``These actions are persistent, they
are pervasive and they are meant to undermine America's
democracy.''.
(4) These information warfare operations continue to evolve and
increase in sophistication.
(5) Other foreign adversaries and hostile non-state actors are
increasingly adopting similar tactics of deploying information
warfare operations against the West, such as recent state-backed
operations from China around the Hong Kong protests identified by
social media companies.
(6) Technological advances, including artificial intelligence,
will only make it more difficult in the future to detect fraudulent
accounts, deceptive material posted on social media, and malign
behavior on social media platforms.
(7) Because these information warfare operations are deployed
within and across private social media platforms, the companies
that own these platforms have a responsibility to detect and
facilitate the removal or neutralization of foreign adversary
networks operating clandestinely on their platforms.
(8) The social media companies are inherently technologically
sophisticated and adept at rapidly analyzing large amounts of data
and developing software-based solutions to diverse and ever-
changing challenges on their platforms, which makes them well-
equipped to address the threat occurring on their platforms.
(9) Independent analyses confirmed Kremlin-linked threat
networks, based on data provided by several social media companies
to the Select Committee on Intelligence of the Senate, thereby
demonstrating that it is possible to discern both broad patterns of
cross-platform information warfare operations and specific
fraudulent behavior on social media platforms.
(10) General Paul Nakasone, Director of the National Security
Agency, emphasized the importance of these independent analyses to
the planning and conducting of military cyber operations to
frustrate Kremlin-linked information warfare operations against the
2018 mid-term elections. General Nakasone stated that the reports
``were very, very helpful in terms of being able to understand
exactly what our adversary was trying to do to build dissent within
our nation.''.
(11) Institutionalizing ongoing robust, independent, and
vigorous analysis of data related to foreign threat networks within
and across social media platforms will help counter ongoing
information warfare operations against the United States, its
allies, and its partners.
(12) Archiving and disclosing to the public the results of
these analyses by the social media companies and trusted third-
party experts in a transparent manner will serve to demonstrate
that the social media companies are detecting and removing foreign
malign activities from their platforms while protecting the privacy
of the people of the United States and will build public
understanding of the scale and scope of these foreign threats to
our democracy, since exposure is one of the most effective means to
build resilience.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the social media companies should cooperate among
themselves and with independent organizations and researchers on a
sustained and regular basis to share and analyze data and
indicators relevant to foreign information warfare operations
within and across their platforms in order to detect and counter
foreign information warfare operations that threaten the national
security of the United States and its allies and partners;
(2) information from law enforcement and the intelligence
community is also important in assisting efforts by these social
media companies to identify foreign information warfare operations;
(3) these analytic efforts should be organized in such a
fashion as to meet the highest standards of ethics,
confidentiality, and privacy protection of the people of the United
States, while still allowing timely research access to relevant
data;
(4) these analytic efforts should be undertaken as soon as
possible to facilitate countering ongoing state or state-backed
foreign information warfare operations and to aid in preparations
for the United States Presidential and congressional elections in
2020 and beyond;
(5) the structure and operations of social media companies make
them well positioned to work with independent organizations and
researchers to address foreign adversary threat networks within and
across their platforms, and these efforts could be conducted
without direct Government involvement, direction, or regulation;
and
(6) if the social media industry fails to take sufficient
action to address foreign adversary threat networks operating
within or across their platforms, Congress would have to consider
additional safeguards for ensuring that this threat is effectively
mitigated.
(c) Authority to Facilitate Establishment of Social Media Data and
Threat Analysis Center.--
(1) Authority.--The Director of National Intelligence, in
coordination with the Secretary of Defense, may facilitate, by
grant or contract or under an existing authority of the Director,
the establishment of a Social Media Data and Threat Analysis Center
with the functions described in paragraph (2) at an independent,
nonprofit organization.
(2) Functions.--The functions described in this paragraph are
the following:
(A) Acting as a convening and sponsoring authority for
cooperative social media data analysis of foreign threat
networks involving social media companies and third-party
experts, nongovernmental organizations, data journalists,
Federally funded research and development centers, academic
researchers, traditional media, and international counterparts,
as appropriate.
(B) Facilitating analysis of foreign influence operation,
within and across the individual social media platforms as well
as hacking and leaking campaigns, and other tactics, and
related unlawful activities that fund or subsidize such
operations.
(C) Developing processes to share information from
government entities on foreign influence operations with the
individual social media companies to inform threat analysis,
and working with the Office of the Director of National
Intelligence as appropriate.
(D) Determining and making public criteria for identifying
which companies, organizations, or researchers qualify for
inclusion in the activities of the Center, and inviting
entities that fit the criteria to join.
(E) Determining jointly with the social media companies
what data and metadata related to indicators of foreign
adversary threat networks from their platforms and business
operations will be made available for access and analysis.
(F) Developing and making public the criteria and standards
that must be met for companies, other organizations, and
individual researchers to access and analyze data relating to
foreign adversary threat networks within and across social
media platforms and publish or otherwise use the results.
(G) Developing and making public the ethical standards for
investigation of foreign threat networks and use of analytic
results and for protection of the privacy of the customers and
users of the social media platforms and of the proprietary
information of the social media companies.
(H) Developing technical, contractual, and procedural
controls to prevent misuse of data, including any necessary
auditing procedures, compliance checks, and review mechanisms.
(I) Developing and making public criteria and conditions
under which the Center shall share information with the
appropriate Government agencies regarding threats to national
security from, or violations of the law involving, foreign
activities on social media platforms.
(J) Hosting a searchable archive aggregating information
related to foreign influence and disinformation operations to
build a collective understanding of the threats and facilitate
future examination consistent with privacy protections.
(K) Developing data standards to harmonize the sharing of
information pursuant to this paragraph.
(d) Reporting and Notifications.--If the Director of National
Intelligence chooses to use funds under subsection (c)(1) to facilitate
the establishment of the Center, the Director of the Center shall--
(1) not later than 180 days after the date of the enactment of
this Act, submit to appropriate congressional committees a report
on--
(A) the estimated funding needs of the Center for fiscal
year 2021 and for subsequent years;
(B) such statutory protections from liability as the
Director considers necessary for the Center, participating
social media companies, and participating third-party
analytical participants;
(C) such statutory penalties as the Director considers
necessary to ensure against misuse of data by researchers; and
(D) such changes to the Center's mission to fully capture
broader unlawful activities that intersect with, complement, or
support information warfare tactics; and
(2) not less frequently than once each year, submit to the
Director of National Intelligence, the Secretary of Defense, and
the appropriate congressional committees a report--
(A) that assesses--
(i) degree of cooperation and commitment from the
social media companies to the mission of the Center; and
(ii) effectiveness of the Center in detecting and
facilitating the removal or neutralization of clandestine
foreign information warfare operations from social media
platforms; and
(B) includes such recommendations for legislative or
administrative action as the Center considers appropriate to
carry out the functions of the Center.
(e) Periodic Reporting to the Public.--The Director of the Center
shall--
(1) once each quarter, make available to the public a report on
key trends in foreign influence and disinformation operations,
including any threats to campaigns and elections, to inform the
public of the United States; and
(2) as the Director considers necessary, provide more timely
assessments relating to ongoing disinformation campaigns.
(f) Funding.--Of the amounts appropriated or otherwise made
available to the National Intelligence Program (as defined in section 3
of the National Security Act of 1947 (50 U.S.C. 3003)) in fiscal year
2020 and 2021, the Director of National Intelligence may use up to
$30,000,000 to carry out this section.
(g) Definition of Appropriate Congressional Committees.--In this
section, the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services of the Senate;
(2) the Committee on Homeland Security and Governmental Affairs
of the Senate;
(3) the Committee on Foreign Relations of the Senate;
(4) the Committee on the Judiciary of the Senate;
(5) the Select Committee on Intelligence of the Senate;
(6) the Committee on Armed Services of the House of
Representatives;
(7) the Committee on Homeland Security of the House of
Representatives;
(8) the Committee on Foreign Affairs of the House of
Representatives;
(9) the Committee on the Judiciary of the House of
Representatives; and
(10) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 5324. TRANSFER OF NATIONAL INTELLIGENCE UNIVERSITY TO THE OFFICE
OF THE DIRECTOR OF NATIONAL INTELLIGENCE.
(a) Transfer.--Upon the submission of the joint certifications
under subsection (b)(1), the Secretary of Defense and the Director of
National Intelligence shall take such actions that the Director
determines necessary to transfer the National Intelligence University
from the Defense Intelligence Agency to the Director of National
Intelligence.
(b) Joint Certifications.--
(1) Requirement.--Except as provided by paragraph (2), as soon
as practicable after the date of the enactment of this Act, but not
later than 18 months after the date of such enactment, the
Secretary of Defense and the Director of National Intelligence
shall jointly submit to the appropriate congressional committees
written certifications of each of the following:
(A) The Middle States Commission on Higher Education has
provided regional academic accreditation for the National
Intelligence University before the date of the certification,
or will provide such academic accreditation as of the date on
which the University is transferred under subsection (a).
(B) Members of the Armed Forces attending the University
will be eligible to receive credit for Phase I joint
professional military education.
(C) The Secretary of Education has informed the Director of
National Intelligence that the Secretary has recommended
approval of the degrees to be conferred pursuant to subsection
(e)(2) or will provide such recommended approval as of the date
on which the University is transferred under subsection (a).
(D) The Director of National Intelligence, in collaboration
with the Secretary of Defense, has established an appropriate
governance model for the University.
(E) The Secretary of Defense shall use the University to
provide personnel of the Department of Defense with advanced
intelligence education.
(2) Failure to certify.--
(A) Actions required.--If the Secretary of Defense and the
Director of National Intelligence fail to submit the
certifications under paragraph (1) by the date specified in
such paragraph, the Secretary and the Director shall--
(i) jointly submit to the appropriate congressional
committees a report on such failure by not later than 21
months after the date of the enactment of this Act; and
(ii) jointly submit such certifications as soon as
practicable.
(B) Contents of report.--The report under subparagraph
(A)(i) shall contain the following:
(i) A description of the progress made toward
fulfilling the conditions described in such paragraph as of
the date of the report.
(ii) A description of any obstacles preventing the
fulfillment of such conditions.
(iii) The estimated dates of completion for the
fulfillment of such conditions and the submission of the
certifications.
(c) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence, the
Director of the Defense Intelligence Agency, and the President of the
National Intelligence University shall jointly provide to the
appropriate congressional committees a briefing on the plan to carry
out the transfer under subsection (a), including with respect to--
(1) ensuring the provision of services to all elements of the
intelligence community;
(2) employing a military cadre at the University; and
(3) addressing the current accreditation status of the National
Intelligence University with the Middle States Commission on Higher
Education.
(d) Cost Estimates of Transfer.--
(1) Requirement.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense and the Director of
National Intelligence shall jointly submit to the appropriate
congressional committees an estimate of--
(A) the annual costs of operating the National Intelligence
University; and
(B) the costs to the Federal Government of transferring the
National Intelligence University to the Director of National
Intelligence.
(2) Inclusion of indirect costs.--The estimate submitted under
paragraph (1) shall include all indirect costs, including with
respect to human resources, security, facilities, and information
technology.
(e) Degree-granting Authority.--
(1) Regulations.--Beginning on the date on which the National
Intelligence University is transferred under subsection (a), under
regulations prescribed by the Director of National Intelligence,
the President of the National Intelligence University may, upon the
recommendation of the faculty of the University, confer appropriate
degrees upon graduates who meet the degree requirements.
(2) Limitation.--A degree may not be conferred under this
section unless--
(A) 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
(B) the University is accredited by the appropriate
civilian academic accrediting agency or organization to award
the degree, as determined by the Secretary of Education.
(f) Congressional Notification Requirements.--
(1) Actions on nonaccreditation.--Beginning on the date on
which the National Intelligence University is transferred under
subsection (a), the Director of National Intelligence shall
promptly--
(A) notify the congressional intelligence committees of any
action by the Middle States Commission on Higher Education, or
other appropriate academic accrediting agency or organization,
to not accredit the University to award any new or existing
degree; and
(B) submit to such committees a report containing an
explanation of any such action.
(2) Modification or redesignation of degree-granting
authority.--Beginning on the date on which the National
Intelligence University is transferred under subsection (a), upon
any modification or redesignation of existing degree-granting
authority, the Director shall submit to the congressional
intelligence committees a report containing the rationale for the
proposed modification or redesignation and any subsequent
recommendation of the Secretary of Education with respect to the
proposed modification or redesignation.
(g) Conforming Repeal.--
(1) In general.--Section 2161 of title 10, United States Code,
is repealed, and the table of sections at the beginning of chapter
108 of such title is amended by striking the item relating to such
section 2161.
(2) Effective date.--The amendments made by paragraph (1) shall
take effect on the date on which the Secretary of Defense and the
Director of National Intelligence jointly submit the joint
certifications under subsection (b)(1). The Secretary and the
Director shall jointly notify the Law Revision Counsel of the House
of Representatives of the submission of the certifications so that
the Law Revision Counsel may execute the amendments made by
paragraph (1).
(h) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees; and
(B) the Committees on Armed Services of the Senate and
House of Representatives.
(2) Phase i joint professional military education.--The term
``Phase I joint professional military education'' has the meaning
given that term pursuant to section 2154 of title 10, United States
Code.
Subtitle C--Inspector General of the Intelligence Community
SEC. 5331. DEFINITIONS.
In this subtitle:
(1) Whistleblower.--The term ``whistleblower'' means a person
who makes a whistleblower disclosure.
(2) Whistleblower disclosure.--The term ``whistleblower
disclosure'' means a disclosure that is protected under section
1104 of the National Security Act of 1947 (50 U.S.C. 3234) or
section 3001(j)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341(j)).
SEC. 5332. INSPECTOR GENERAL EXTERNAL REVIEW PANEL.
(a) Authority to Convene External Review Panels.--
(1) In general.--Title XI of the National Security Act of 1947
(50 U.S.C. 3231 et seq.), as amended by section 6718, is amended by
adding at the end the following new section:
``SEC. 1106. INSPECTOR GENERAL EXTERNAL REVIEW PANEL.
``(a) Request for Review.--An individual with a claim described in
subsection (b) may submit to the Inspector General of the Intelligence
Community a request for a review of such claim by an external review
panel convened under subsection (c).
``(b) Claims and Individuals Described.--A claim described in this
subsection is any--
``(1) claim by an individual--
``(A) that the individual has been subjected to a personnel
action that is prohibited under section 1104; and
``(B) who has exhausted the applicable review process for
the claim pursuant to enforcement of such section; or
``(2) claim by an individual--
``(A) that he or she has been subjected to a reprisal
prohibited by paragraph (1) of section 3001(j) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3341(j)); and
``(B) who received a decision on an appeal regarding that
claim under paragraph (4) of such section.
``(c) External Review Panel Convened.--
``(1) Discretion to convene.--Upon receipt of a request under
subsection (a) regarding a claim, the Inspector General of the
Intelligence Community may, at the discretion of the Inspector
General, convene an external review panel under this subsection to
review the claim.
``(2) Membership.--
``(A) Composition.--An external review panel convened under
this subsection shall be composed of three members as follows:
``(i) The Inspector General of the Intelligence
Community.
``(ii) Except as provided in subparagraph (B), two
members selected by the Inspector General as the Inspector
General considers appropriate on a case-by-case basis from
among inspectors general of the following:
``(I) The Department of Defense.
``(II) The Department of Energy.
``(III) The Department of Homeland Security.
``(IV) The Department of Justice.
``(V) The Department of State.
``(VI) The Department of the Treasury.
``(VII) The Central Intelligence Agency.
``(VIII) The Defense Intelligence Agency.
``(IX) The National Geospatial-Intelligence Agency.
``(X) The National Reconnaissance Office.
``(XI) The National Security Agency.
``(B) Limitation.--An inspector general of an agency may
not be selected to sit on the panel under subparagraph (A)(ii)
to review any matter relating to a decision made by such
agency.
``(C) Chairperson.--
``(i) In general.--Except as provided in clause (ii),
the chairperson of any panel convened under this subsection
shall be the Inspector General of the Intelligence
Community.
``(ii) Conflicts of interest.--If the Inspector General
of the Intelligence Community finds cause to recuse himself
or herself from a panel convened under this subsection, the
Inspector General of the Intelligence Community shall--
``(I) select a chairperson from inspectors general
of the elements listed under subparagraph (A)(ii) whom
the Inspector General of the Intelligence Community
considers appropriate; and
``(II) notify the congressional intelligence
committees of such selection.
``(3) Period of review.--Each external review panel convened
under this subsection to review a claim shall complete review of
the claim no later than 270 days after the date on which the
Inspector General convenes the external review panel.
``(d) Remedies.--
``(1) Panel recommendations.--If an external review panel
convened under subsection (c) determines, pursuant to a review of a
claim submitted by an individual under subsection (a), that the
individual was the subject of a personnel action prohibited under
section 1104 or was subjected to a reprisal prohibited by section
3001(j)(1) of the Intelligence Reform and Terrorism Prevention Act
of 2004 (50 U.S.C. 3341(j)(1)), the panel may recommend that the
agency head take corrective action--
``(A) in the case of an employee or former employee--
``(i) to return the employee or former employee, as
nearly as practicable and reasonable, to the position such
employee or former employee would have held had the
reprisal not occurred; or
``(ii) reconsider the employee's or former employee's
eligibility for access to classified information consistent
with national security; or
``(B) in any other case, such other action as the external
review panel considers appropriate.
``(2) Agency action.--
``(A) In general.--Not later than 90 days after the date on
which the head of an agency receives a recommendation from an
external review panel under paragraph (1), the head shall--
``(i) give full consideration to such recommendation;
and
``(ii) inform the panel and the Director of National
Intelligence of what action the head has taken with respect
to the recommendation.
``(B) Failure to inform.--The Director shall notify the
President of any failures to comply with subparagraph (A)(ii).
``(e) Annual Reports.--
``(1) In general.--Not less frequently than once each year, the
Inspector General of the Intelligence Community shall submit to the
congressional intelligence committees and the Director of National
Intelligence a report on the activities under this section during
the previous year.
``(2) Contents.--Subject to such limitations as the Inspector
General of the Intelligence Community considers necessary to
protect the privacy of an individual who has made a claim described
in subsection (b), each report submitted under paragraph (1) shall
include, for the period covered by the report, the following:
``(A) The determinations and recommendations made by the
external review panels convened under this section.
``(B) The responses of the heads of agencies that received
recommendations from the external review panels.''.
(2) Table of contents amendment.--The table of contents in the
first section of the National Security Act of 1947, as amended by
section 6718, is amended by adding at the end the following new
item:
``Sec. 1106. Inspector General external review panel.''.
(b) Recommendation on Addressing Whistleblower Appeals Relating to
Reprisal Complaints Against Inspectors General.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Intelligence
Community, in consultation with the Intelligence Community
Inspectors General Forum, shall submit to the congressional
intelligence committees a recommendation on how to ensure that--
(A) a whistleblower in the intelligence community who has a
complaint against an inspector general in the intelligence
community and who alleges a reprisal, has available the
adjudication and review provided under section 1104 of the
National Security Act of 1947 (50 U.S.C. 3234); and
(B) any such whistleblower who has exhausted the applicable
review process may request an external review panel and receive
one, at the discretion of the Inspector General of the
Intelligence Community.
(2) Contents.--The recommendation submitted pursuant to
paragraph (1) shall include the following:
(A) A discussion of whether and to what degree section 1106
of the National Security Act of 1947, as added by subsection
(a)(1), provides appropriate authorities and mechanisms to
provide an external review panel as described in paragraph (1)
of this subsection and for the purposes described in such
paragraph.
(B) Such recommendations for legislative or administrative
action as the Inspector General may have with respect to
providing an external review panel as described in paragraph
(1) and for the purposes described in such paragraph.
SEC. 5333. HARMONIZATION OF WHISTLEBLOWER PROCESSES AND PROCEDURES.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Inspector General of the Intelligence
Community, in coordination with the Intelligence Community Inspectors
General Forum, shall develop recommendations, applicable to all
inspectors general of elements of the intelligence community, regarding
the harmonization, where appropriate, of instructions, policies, and
directives relating to processes, procedures, and timelines for claims
and appeals relating to allegations of personnel actions prohibited
under section 1104 of the National Security Act of 1947 or reprisals
prohibited by section 3001(j)(1) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(1)).
(b) Transparency and Protection.--In developing recommendations
under subsection (a), the Inspector General of the Intelligence
Community shall make efforts to maximize transparency and protect
whistleblowers.
SEC. 5334. OVERSIGHT BY INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY
OVER INTELLIGENCE COMMUNITY WHISTLEBLOWER MATTERS.
(a) System for Notification of Information Relating to Complaints
by Whistleblowers Within the Intelligence Community.--Subject to
subsection (b), not later than 1 year after the date of the enactment
of this Act, the Inspector General of the Intelligence Community, in
consultation with the Intelligence Community Inspectors General Forum,
shall establish a system whereby the Inspector General of the
Intelligence Community is notified in near real time of the following:
(1) Submission of complaints by whistleblowers to inspectors
general of elements of the intelligence community relating to the
programs and activities under the jurisdiction of the Director of
National Intelligence, and information related to such complaints.
(2) Actions taken by an inspector general of an element of the
Intelligence Community relating to such complaints.
(b) Policies for Implementation.--
(1) In general.--The system established under subsection (a)
may not be implemented until the Inspector General of the
Intelligence Community, in consultation with the Intelligence
Community Inspectors General Forum, has developed and released to
each of the inspectors general of the elements of the intelligence
community written policies regarding the implementation of such
subsection.
(2) Requirements.--The policies required by paragraph (1)
shall--
(A) protect the privacy of whistleblowers, including by
preventing dissemination without the consent of the
whistleblower, of any information submitted previously by a
whistleblower to an inspector general of an element of the
intelligence community; and
(B) ensure compliance with the requirements of subsection
(a), while--
(i) ensuring that the Inspector General of the
Intelligence Community can oversee whistleblower policies
and practices and identify matters that, in the judgment of
the Inspector General of the Intelligence Community, may be
the subject of an investigation, inspection, audit, or
review by the Inspector General of the Intelligence
Community; and
(ii) avoiding the imposition of inappropriate resource
burdens on inspectors general of elements of the
intelligence community.
SEC. 5335. REPORT ON CLEARED WHISTLEBLOWER ATTORNEYS.
(a) Report Required.--Not later than 1 year after the date of the
enactment of this Act, the Director of National Intelligence shall, in
coordination with the Inspector General of the Intelligence Community
and the Intelligence Community Inspectors General Forum, submit to the
congressional intelligence committees a report on access to cleared
attorneys by whistleblowers in the intelligence community.
(b) Contents.--The report submitted pursuant to subsection (a)
shall include the following with respect to the 3-year period preceding
the date of the report:
(1) The number of whistleblowers in the intelligence community
who requested, through formal submission or verbal request, to
retain a cleared attorney and at what stage they requested an
attorney.
(2) The number of such limited security agreements approved,
rejected, or pending.
(3) The scope and clearance levels of such limited security
agreements.
(4) The number of such whistleblowers represented by cleared
counsel.
(5) Recommendations for legislative or administrative action to
ensure that whistleblowers in the intelligence community have
access to cleared attorneys, including improvements to the limited
security agreement process and such other options as the Inspector
General of the Intelligence Community considers appropriate.
(c) Survey.--The Inspector General of the Intelligence Community
shall ensure that the report submitted under subsection (a) is based
on--
(1) data from a survey of whistleblowers whose identity may be
shared, as appropriate, with the Inspector General of the
Intelligence Community by means of the system established pursuant
to section 5334;
(2) information obtained from the inspectors general of the
intelligence community; or
(3) information from such other sources as may be identified by
the Inspector General of the Intelligence Community.
Subtitle D--Central Intelligence Agency
SEC. 5341. CLARIFICATION OF CERTAIN AUTHORITY OF THE CENTRAL
INTELLIGENCE AGENCY.
Section 8(a)(1) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3510(a)(1)) is amended by inserting before ``rental of'' the
following: ``payment of death benefits in cases in which the
circumstances of the death of an employee of the Agency, a detailee of
the Agency or other employee of another department or agency of the
Federal Government assigned to the Agency, or an individual affiliated
with the Agency (as determined by the Director), is not covered by
section 11, other similar provisions of Federal law, or any regulation
issued by the Director providing death benefits, but that the Director
determines such payment appropriate;''.
TITLE LIV--SECURITY CLEARANCES
SEC. 5401. IMPROVING VISIBILITY INTO THE SECURITY CLEARANCE PROCESS.
(a) Definition of Security Executive Agent.--In this section, the
term ``Security Executive Agent'' means the officer serving as the
Security Executive Agent pursuant to section 803 of the National
Security Act of 1947, as added by section 6605.
(b) Policy Required.--Not later than 90 days after the date of the
enactment of this Act, the Security Executive Agent shall issue a
policy that requires the head of each Federal agency to create, not
later than December 31, 2023, an electronic portal that can be used by
human resources personnel and applicants for security clearances to
view information about the status of an application for a security
clearance and the average time required for each phase of the security
clearance process.
SEC. 5402. MAKING CERTAIN POLICIES AND EXECUTION PLANS RELATING TO
PERSONNEL CLEARANCES AVAILABLE TO INDUSTRY PARTNERS.
(a) Definitions.--In this section:
(1) Security executive agent.--The term ``Security Executive
Agent'' means the officer serving as the Security Executive Agent
pursuant to section 803 of the National Security Act of 1947, as
added by section 6605.
(2) Appropriate industry partner.--The term ``appropriate
industry partner'' means a contractor, licensee, or grantee (as
defined in section 101(a) of Executive Order 12829 (50 U.S.C. 3161
note; relating to National Industrial Security Program), as in
effect on the day before the date of the enactment of this Act)
that is participating in the National Industrial Security Program
established by such Executive Order.
(b) Sharing of Policies and Plans Required.--Each head of a Federal
agency shall share policies and plans relating to security clearances
with appropriate industry partners directly affected by such policies
and plans in a manner consistent with the protection of national
security as well as the goals and objectives of the National Industrial
Security Program administered pursuant to Executive Order 12829 (50
U.S.C. 3161 note; relating to the National Industrial Security
Program).
(c) Development of Policies and Procedures Required.--Not later
than 90 days after the date of the enactment of this Act, the Security
Executive Agent and the Director of the National Industrial Security
Program shall jointly develop policies and procedures by which
appropriate industry partners with proper security clearances and a
need to know can have appropriate access to the policies and plans
shared pursuant to subsection (b) that directly affect those industry
partners.
TITLE LV--MATTERS RELATING TO FOREIGN COUNTRIES
Subtitle A--Matters Relating to Russia
SEC. 5501. ANNUAL REPORTS ON INFLUENCE OPERATIONS AND CAMPAIGNS IN THE
UNITED STATES BY THE RUSSIAN FEDERATION.
(a) Reports.--Title XI of the National Security Act of 1947 (50
U.S.C. 3231 et seq.), as amended by section 5511, is further amended by
adding at the end the following new section:
``SEC. 1108. ANNUAL REPORTS ON INFLUENCE OPERATIONS AND CAMPAIGNS IN
THE UNITED STATES BY THE RUSSIAN FEDERATION.
``(a) Requirement.--On an annual basis, the Director of the
National Counterintelligence and Security Center shall submit to the
congressional intelligence committees a report on the influence
operations and campaigns in the United States conducted by the Russian
Federation.
``(b) Contents.--Each report under subsection (a) shall include the
following:
``(1) A description and listing of the Russian organizations
and persons involved in influence operations and campaigns
operating in the United States as of the date of the report.
``(2) An assessment of organizations that are associated with
or receive funding from organizations and persons identified in
paragraph (1), particularly such entities operating in the United
States.
``(3) A description of the efforts by the organizations and
persons identified in paragraph (1) to target, coerce, and
influence populations within the United States.
``(4) An assessment of the activities of the organizations and
persons identified in paragraph (1) designed to influence the
opinions of elected leaders of the United States or candidates for
election in the United States.
``(5) With respect to reports submitted after the first report,
an assessment of the change in goals, tactics, techniques, and
procedures of the influence operations and campaigns conducted by
the organizations and persons identified in paragraph (1).
``(c) Coordination.--In carrying out subsection (a), the Director
shall coordinate with the Director of the Federal Bureau of
Investigation, the Director of the Central Intelligence Agency, the
Director of the National Security Agency, and any other relevant head
of an element of the intelligence community.
``(d) Form.--Each report submitted under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.''.
(b) Clerical Amendment.--The table of contents in the first section
of the National Security Act of 1947, as amended by section 5511, is
further amended by inserting after the item relating to section 1107
the following new item:
``Sec. 1108. Annual reports on influence operations and campaigns in the
United States by the Russian Federation.''.
(c) Initial Report.--The Director of the National
Counterintelligence and Security Center shall submit to the
congressional intelligence committees the first report under section
1108 of the National Security Act of 1947, as added by subsection (a),
by not later than 180 days after the date of the enactment of this Act.
SEC. 5502. ASSESSMENT OF LEGITIMATE AND ILLEGITIMATE FINANCIAL AND
OTHER ASSETS OF VLADIMIR PUTIN.
(a) Sense of Congress.--It is the sense of Congress that the United
States should do more to expose the corruption of Vladimir Putin, whose
ill-gotten wealth is perhaps the most powerful global symbol of his
dishonesty and his persistent efforts to undermine the rule of law and
democracy in the Russian Federation.
(b) Assessment.--Not later than 180 days after the date of the
enactment of this Act, consistent with the protection of intelligence
sources and methods, the Director of National Intelligence shall submit
to the appropriate congressional committees an assessment, based on all
sources of intelligence, on the net worth and financial and other
assets, legitimate as well as illegitimate, of Vladimir Putin and his
family members, including--
(1) the estimated net worth of Vladimir Putin and his family
members;
(2) a description of their legitimately and illegitimately
obtained assets, including all real, personal, and intellectual
property, bank or investment or similar accounts, and any other
financial or business interests or holdings, including those
outside of Russia;
(3) the details of the legitimately and illegitimately obtained
assets, including real, personal, and intellectual property, bank
or investment or similar accounts, and any other financial or
business interests or holdings, including those outside of Russia,
that are owned or controlled by, accessible to, or otherwise
maintained for the benefit of Vladimir Putin, including their
nature, location, manner of acquisition, value, and publicly named
owner (if other than Vladimir Putin);
(4) the methods used by Vladimir Putin or others acting at his
direction, with his knowledge, or for his benefit, to conceal
Putin's interest in his accounts, holdings, or other assets,
including the establishment of ``front'' or shell companies and the
use of intermediaries; and
(5) an identification of the most significant senior Russian
political figures, oligarchs, and any other persons who have
engaged in activity intended to conceal the true financial
condition of Vladimir Putin.
(c) Form.--The assessment required under subsection (b) shall be
submitted either--
(1) in unclassified form to the extent consistent with the
protection of intelligence sources and methods, and may include a
classified annex; or
(2) simultaneously as both an unclassified version and a
classified version.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Select Committee on Intelligence, the Committee on
Foreign Relations, the Committee on Banking, Housing, and Urban
Affairs, and the Committee on Finance of the Senate; and
(2) the Permanent Select Committee on Intelligence, Committee
on Foreign Affairs, the Committee on Financial Services, and the
Committee on Ways and Means of the House of Representatives.
SEC. 5503. ASSESSMENTS OF INTENTIONS OF POLITICAL LEADERSHIP OF THE
RUSSIAN FEDERATION.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, consistent with the protection of intelligence
sources and methods, the Director of National Intelligence, and the
head of any element of the intelligence community that the Director
determines appropriate, shall submit to the appropriate congressional
committees each of the assessments described in subsection (b).
(b) Assessments Described.--The assessments described in this
subsection are assessments based on intelligence obtained from all
sources that assess the current intentions of the political leadership
of the Russian Federation with respect to the following:
(1) Potential military action against members of the North
Atlantic Treaty Organization (NATO).
(2) Potential responses to an enlarged United States or NATO
military presence in eastern Europe or to increased United States
military support for allies and partners in the region, such as the
provision of additional lethal military equipment to Ukraine or
Georgia.
(3) Potential actions taken for the purpose of exploiting
perceived divisions among the governments of Russia's Western
adversaries.
(c) Form.--Each assessment required under subsection (a) may be
submitted in classified form but shall also include an unclassified
executive summary, consistent with the protection of intelligence
sources and methods.
(d) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Permanent Select Committee on Intelligence, the
Committee on Foreign Affairs, and the Committee on Armed Services
of the House of Representatives; and
(2) the Select Committee on Intelligence, the Committee on
Foreign Relations, and the Committee on Armed Services of the
Senate.
Subtitle B--Matters Relating to China
SEC. 5511. ANNUAL REPORTS ON INFLUENCE OPERATIONS AND CAMPAIGNS IN THE
UNITED STATES BY THE COMMUNIST PARTY OF CHINA.
(a) Reports.--Title XI of the National Security Act of 1947 (50
U.S.C. 3231 et seq.), as amended by section 5332, is further amended by
adding at the end the following new section:
``SEC. 1107. ANNUAL REPORTS ON INFLUENCE OPERATIONS AND CAMPAIGNS IN
THE UNITED STATES BY THE COMMUNIST PARTY OF CHINA.
``(a) Requirement.--On an annual basis, consistent with the
protection of intelligence sources and methods, the Director of the
National Counterintelligence and Security Center shall submit to the
congressional intelligence committees, the Committee on Foreign Affairs
of the House of Representatives, and the Committee on Foreign Relations
of the Senate a report on the influence operations and campaigns in the
United States conducted by the Communist Party of China.
``(b) Contents.--Each report under subsection (a) shall include the
following:
``(1) A description of the organization of the United Front
Work Department of the People's Republic of China, or the
successors of the United Front Work Department, and the links
between the United Front Work Department and the Central Committee
of the Communist Party of China.
``(2) An assessment of the degree to which organizations that
are associated with or receive funding from the United Front Work
Department, particularly such entities operating in the United
States, are formally tasked by the Chinese Communist Party or the
Government of China.
``(3) A description of the efforts by the United Front Work
Department and subsidiary organizations of the United Front Work
Department to target, coerce, and influence foreign populations,
particularly those of ethnic Chinese descent.
``(4) An assessment of attempts by the Chinese Embassy,
consulates, and organizations affiliated with the Chinese Communist
Party (including, at a minimum, the United Front Work Department)
to influence the United States-based Chinese Student Scholar
Associations.
``(5) A description of the evolution of the role of the United
Front Work Department under the leadership of the President of
China.
``(6) An assessment of the activities of the United Front Work
Department designed to influence the opinions of elected leaders of
the United States, or candidates for elections in the United
States, with respect to issues of importance to the Chinese
Communist Party.
``(7) A listing of all known organizations affiliated with the
United Front Work Department that are operating in the United
States as of the date of the report.
``(8) With respect to reports submitted after the first report,
an assessment of the change in goals, tactics, techniques, and
procedures of the influence operations and campaigns conducted by
the Chinese Communist Party.
``(c) Coordination.--In carrying out subsection (a), the Director
shall coordinate with the Director of the Federal Bureau of
Investigation, the Director of the Central Intelligence Agency, the
Director of the National Security Agency, and any other relevant head
of an element of the intelligence community.
``(d) Form.--Each report submitted under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.''.
(b) Clerical Amendment.--The table of contents in the first section
of the National Security Act of 1947, as amended by section 5332, is
further amended by inserting after the item relating to section 1106
the following new item:
``Sec. 1107. Annual reports on influence operations and campaigns in the
United States by the Communist Party of China.''.
(c) Initial Report.--The Director of the National
Counterintelligence and Security Center shall submit to the
congressional intelligence committees, the Committee on Foreign Affairs
of the House of Representatives, and the Committee on Foreign Relations
of the Senate the first report under section 1107 of the National
Security Act of 1947, as added by subsection (a), by not later than 180
days after the date of the enactment of this Act.
SEC. 5512. REPORT ON REPRESSION OF ETHNIC MUSLIM MINORITIES IN THE
XINJIANG REGION OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) Report.--Not later than 150 days after the date of the
enactment of this Act, consistent with the protection of intelligence
sources and methods, the Director of National Intelligence shall, in
consultation with the Secretary of State, submit to the congressional
intelligence committees, the Committee on Foreign Affairs of the House
of Representatives, and the Committee on Foreign Relations of the
Senate a report on activity by the People's Republic of China to
repress ethnic Muslim minorities in the Xinjiang region of China.
(b) Contents.--The report under subsection (a) shall include the
following:
(1) An assessment of the number of individuals detained in
``political reeducation camps'', and the conditions in such camps
for detainees, in the Xinjiang region of China, including whether
detainees endure torture, forced renunciation of faith, or other
mistreatment.
(2) A description, as possible, of the geographic location of
such camps.
(3) A description, as possible, of the methods used by China to
``reeducate'' detainees and the elements of China responsible for
such ``reeducation''.
(4) A description of any forced labor in such camps, and any
labor performed in regional factories for low wages under the
threat of being sent back to ``political reeducation camps''.
(5) An assessment of the level of access China grants to
foreign persons observing the situation in Xinjiang and a
description of measures used to impede efforts to monitor the
conditions in Xinjiang.
(6) An assessment of the surveillance, detection, and control
methods used by China to target ethnic minorities, including new
``high-tech'' policing models and a description of any civil
liberties or privacy protections provided under such models.
(7) An assessment and identification of the technological and
financial support provided by United States-based companies,
including technological support for the development of facial
recognition capabilities or technologies for digital surveillance,
social control, or censorship, and financial support, including
from financial institutions, investment vehicles, and pension
funds, to China-based companies or Chinese government entities
providing material support to the digital surveillance or
repression of Uyghur and other ethnic minorities in Xinjiang by the
Xinjiang authorities.
(c) Coordination.--The Director of National Intelligence shall
carry out subsection (a) in coordination with the Director of the
Central Intelligence Agency, the Director of the National Security
Agency, the Director of the National Geospatial-Intelligence Agency,
and the head of any other agency of the Federal Government that the
Director of National Intelligence determines appropriate.
(d) Form.--The report submitted under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 5513. REPORT ON EFFORTS BY PEOPLE'S REPUBLIC OF CHINA TO INFLUENCE
ELECTION IN TAIWAN.
(a) Report.--Consistent with section 3(c) of the Taiwan Relations
Act (Public Law 96-8; 22 U.S.C. 3302(c)), and consistent with the
protection of intelligence sources and methods, not later than 45 days
after the date of the election for the President and Vice President of
Taiwan in 2020, the Director of National Intelligence shall submit to
the congressional intelligence committees, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on Foreign
Relations of the Senate a report on any--
(1) influence operations conducted by China to interfere in or
undermine such election; and
(2) efforts by the United States to disrupt such operations.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) A description of any significant efforts by the
intelligence community to coordinate technical and material support
for Taiwan to identify, disrupt, and combat influence operations
specified in subsection (a)(1).
(2) A description of any efforts by the United States
Government to build the capacity of Taiwan to disrupt external
efforts that degrade a free and fair election process.
(3) An assessment of whether and to what extent China conducted
influence operations specified in subsection (a)(1), and, if such
operations occurred--
(A) a comprehensive list of specific governmental and
nongovernmental entities of China that were involved in
supporting such operations and a description of the role of
each such entity; and
(B) an identification of any tactics, techniques, and
procedures used in such operations.
(c) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
Subtitle C--Matters Relating to Other Countries
SEC. 5521. SENSE OF CONGRESS AND REPORT ON IRANIAN EFFORTS IN SYRIA AND
LEBANON.
(a) Sense of Congress.--It is the sense of Congress that,
regardless of the ultimate number of United States military personnel
deployed to Syria, it is a vital interest of the United States to
prevent the Islamic Republic of Iran, Hizballah, and other Iranian-
backed forces from establishing a strong and enduring presence in Syria
that can be used to project power in the region and threaten the United
States and its allies, including Israel.
(b) Report.--
(1) Report required.--Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence,
in coordination with the Secretary of State and the Secretary of
Defense, shall submit to the appropriate congressional committees a
report that assesses--
(A) efforts by Iran to establish long-term influence in
Syria through military, political, economic, social, and
cultural means;
(B) the degree to which Iranian support of proxy forces in
Syria and Lebanon contributes to Iranian strategy with respect
to the region; and
(C) the threat posed by the efforts described in
subparagraph (A) to United States interests and allies.
(2) Elements.--The report under paragraph (1) shall include
each of the following:
(A) An assessment of--
(i) how Iran and Iranian-backed forces, including the
Islamic Revolutionary Guard Corps and Hizballah, have
provided or are currently providing manpower, training,
weapons, equipment, and funding to the Syrian government
led by President Bashar al-Assad;
(ii) the support provided by Iran and Hizballah to Shia
militias operating in Syria composed of domestic fighters
from Syria and foreign fighters from countries such as
Afghanistan, Iraq, Lebanon, and Pakistan;
(iii) operational lessons learned by Hizballah based on
the recent experiences of Hizballah in Syria;
(iv) the threat posed by Iran and Iranian-backed forces
to--
(I) the al-Tanf garrison; and
(II) areas of northeast Syria that are currently
controlled by local partner forces of the United
States;
(v) the degree to which efforts of the United States to
sustain and strengthen Kurdish forces in Syria may
undermine the influence of Iran and Iranian-backed forces
in Syria;
(vi) how Iran and Iranian-backed forces seek to enhance
the long-term influence of such entities in Syria through
non-military means such as purchasing strategic real estate
in Syria, constructing Shia religious centers and schools,
securing loyalty from Sunni tribes in exchange for material
assistance, and inducing the Assad government to open
Farsi-language departments at Syrian universities;
(vii) whether the prominent role of Iran in Syria,
including the influence of Iran over government
institutions, may increase the likelihood of the
reconstitution of the Islamic State of Iraq and Syria in
Syria; and
(viii) the provision of goods, services, or technology
transferred by Iran or its affiliates to Hizballah for the
purpose of indigenously manufacturing or otherwise
producing missiles.
(B) An analysis of--
(i) how Iran is working with the Russian Federation,
Turkey, and other countries to increase the influence of
Iran in Syria;
(ii) the goals of Iran in Syria, including, but not
limited to, protecting the Assad government, increasing the
regional influence of Iran, threatening Israel from a more
proximate location, building weapon-production facilities
and other military infrastructure, and securing a land
bridge to connect Iran through Iraq and Syria to the
stronghold of Hizballah in southern Lebanon; and
(iii) the foreign and domestic supply chains that
significantly facilitate, support, or otherwise aid
acquisition or development by Hizballah of missile
production facilities, including the geographic
distribution of such foreign and domestic supply chains.
(C) A description of--
(i) how the efforts of Iran to transfer advanced
weapons to Hizballah and to establish a military presence
in Syria has led to direct and repeated confrontations with
Israel;
(ii) the intelligence and military support that the
United States provides to Israel to help Israel identify
and appropriately address specific threats to Israel from
Iran and Iranian-backed forces in Syria;
(iii) the threat posed to Israel and other allies of
the United States in the Middle East resulting from the
transfer of arms or related material, or other support, by
Iran to Hizballah and other proxies;
(iv) Iranian and Iranian-controlled personnel operating
within Syria, including Hizballah, Shiite militias, and
Revolutionary Guard Corps forces of Iran, and the number
and geographic distribution of such personnel;
(v) any rocket-producing facilities in Lebanon for
nonstate actors, including whether such facilities were
assessed to be built at the direction of Hizballah
leadership, Iranian leadership, or in consultation between
Iranian leadership and Hizballah leadership; and
(vi) Iranian expenditures in the previous calendar year
on military and terrorist activities outside the country,
including the amount of such expenditures with respect to
each of Hizballah, Houthi rebels in Yemen, Hamas, proxy
forces in Iraq and Syria, ballistic missile research and
testing, and any other entity, country, or activity that
the Director determines as destabilizing to the Middle East
region.
(3) Form of report.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
(4) Definitions.--In this subsection:
(A) Appropriate congressional committees.--the term
``appropriate congressional committees'' means--
(i) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence
of the Senate; and
(ii) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(B) Arms or related material.--The term ``arms or related
material'' means--
(i) nuclear, biological, chemical, or radiological
weapons or materials or components of such weapons;
(ii) ballistic or cruise missile weapons or materials
or components of such weapons;
(iii) destabilizing numbers and types of advanced
conventional weapons;
(iv) defense articles or defense services, as those
terms are defined in paragraphs (3) and (4), respectively,
of section 47 of the Arms Export Control Act (22 U.S.C.
2794);
(v) defense information, as that term is defined in
section 644 of the Foreign Assistance Act of 1961 (22
U.S.C. 2403); or
(vi) items designated by the President for purposes of
the United States Munitions List under section 38(a)(1) of
the Arms Export Control Act (22 U.S.C. 2778(a)(1)).
SEC. 5522. ASSESSMENTS REGARDING THE NORTHERN TRIANGLE AND MEXICO.
(a) Assessment.--
(1) Report.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Under Secretary of Homeland Security for
Intelligence and Analysis, the Assistant Secretary of State for
Intelligence and Research, the Chief of Intelligence of the Drug
Enforcement Administration, and other appropriate officials in the
intelligence community, shall submit to the appropriate
congressional committees a report containing a comprehensive
assessment of drug trafficking, human trafficking, and human
smuggling activities in the Northern Triangle and Mexico.
(2) Matters included.--The report under paragraph (1) shall
include, at a minimum, the following:
(A) An assessment of the effect of drug trafficking, human
trafficking, and human smuggling on the security and economic
situation in the Northern Triangle.
(B) An assessment of the effect of the activities of drug
trafficking organizations on the migration of persons from the
Northern Triangle to the United States-Mexico border.
(C) A summary of any relevant activities by elements of the
intelligence community in relation to drug trafficking, human
trafficking, and human smuggling in the Northern Triangle and
Mexico.
(D) An assessment of methods and routes used by drug
trafficking organizations, human traffickers, and human
smugglers to move drugs, persons, or both from the Northern
Triangle and Mexico to the United States.
(E) An assessment of the intersection between the
activities of drug trafficking organizations, human traffickers
and human smugglers, and other organized criminal groups in the
Northern Triangle and Mexico.
(F) An assessment of the illicit funds and financial
transactions that support the activities of drug trafficking
organizations, human traffickers, and human smugglers, and
connected criminal enterprises, in the Northern Triangle and
Mexico.
(G) A comprehensive review of the current collection
priorities of the intelligence community for the Northern
Triangle and Mexico, as of the date of the enactment of this
Act, in order to identify whether such priorities are
appropriate and sufficient in light of the threat posed by the
activities of drug trafficking organizations and human
traffickers and human smugglers to the security of the United
States and the Western Hemisphere.
(3) Form.--The report required by paragraph (1) may be
submitted in classified form, but if so submitted, shall contain an
unclassified summary.
(4) Availability.--The report under paragraph (1), or the
unclassified summary of the report described in paragraph (3),
shall be made publicly available.
(b) Briefings.--
(1) Semiannual requirement.--Not later than 90 days after the
date on which the report under subsection (a) is submitted, and
every 180 days thereafter for a 5-year period, the Director of
National Intelligence shall provide to the congressional
intelligence committees a briefing on the intelligence community's
collection priorities and activities in the Northern Triangle and
Mexico with a focus on the threat posed by the activities of drug
trafficking organizations and human traffickers and human smugglers
to the security of the United States and the Western Hemisphere.
(2) Matters included.--Each briefing under paragraph (1) shall
include a description of the funds expended by the intelligence
community on the efforts described in such paragraph during the
preceding fiscal year, except the first such briefing shall cover
fiscal years 2018 and 2019.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee on
Homeland Security, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(B) the Committee on Foreign Relations, the Committee on
Homeland Security and Governmental Affairs, and the Select
Committee on Intelligence of the Senate.
(2) Human trafficking.--The term ``human trafficking'' has the
meaning given the term ``severe forms of trafficking in persons''
by section 103 of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7102).
(3) Northern triangle.--The term ``Northern Triangle'' means El
Salvador, Guatemala, and Honduras.
TITLE LVI--FEDERAL EFFORTS AGAINST DOMESTIC TERRORISM
SEC. 5601. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Permanent Select Committee on Intelligence, the
Committee on Homeland Security, and the Committee on the
Judiciary of the House of Representatives; and
(B) the Select Committee on Intelligence, the Committee on
Homeland Security and Governmental Affairs, and the Committee
on the Judiciary of the Senate.
(2) Domestic terrorism.--The term ``domestic terrorism'' has
the meaning given that term in section 2331 of title 18, United
States Code.
(3) Hate crime.--The term ``hate crime'' means a criminal
offense under--
(A) sections 241, 245, 247, and 249 of title 18, United
States Code; and
(B) section 3631 of title 42, United States Code.
(4) International terrorism.--The term ``international
terrorism'' has the meaning given that term in section 2331 of
title 18, United States Code.
(5) Terms in attorney general's guidelines for domestic fbi
operations.--The terms ``assessments'', ``full investigations'',
``enterprise investigations'', ``predicated investigations'', and
``preliminary investigations'' have the meanings given those terms
in the most recent, approved version of the Attorney General's
Guidelines for Domestic FBI Operations (or successor).
(6) Terms in fbi budget materials.--The terms ``Consolidated
Strategy Guide'', ``Field Office Strategic Plan'', ``Integrated
Program Management Process'', and ``Threat Review and
Prioritization'' have the meanings given those terms in the
materials submitted to Congress by the Attorney General in support
of the Federal Bureau of Investigation budget for fiscal year 2020.
(7) Terrorism.--The term ``terrorism'' includes domestic
terrorism and international terrorism.
(8) Terrorism information.--The term ``terrorism information''
has the meaning given that term in section 1016(a) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
485).
(9) Time utilization and recordkeeping data.--The term ``time
utilization and recordkeeping data'' means data collected on
resource utilization and workload activity of personnel of the
Federal Bureau of Investigation in accordance with Federal law.
SEC. 5602. STRATEGIC INTELLIGENCE ASSESSMENT OF AND REPORTS ON DOMESTIC
TERRORISM.
(a) Report on Standardization of Terminology and Procedures
Relating to Domestic Terrorism.--Not later than 90 days after the date
of the enactment of this Act, the Director of the Federal Bureau of
Investigation and the Secretary of Homeland Security, in consultation
with the Director of National Intelligence in a manner consistent with
the authorities and responsibilities of such Director, shall jointly--
(1) develop, to the fullest extent feasible and for purposes of
internal recordkeeping and tracking, uniform and standardized--
(A) definitions of the terms ``domestic terrorism'', ``act
of domestic terrorism'', ``domestic terrorism groups'', and any
other commonly used terms with respect to domestic terrorism;
(B) methodologies for tracking incidents of domestic
terrorism; and
(C) descriptions of categories and subcategories of--
(i) domestic terrorism; and
(ii) ideologies relating to domestic terrorism;
(2) submit to the appropriate congressional committees a report
containing the information developed under paragraph (1).
(b) Report Containing Strategic Intelligence Assessment and Data on
Domestic Terrorism.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Federal Bureau of
Investigation and the Secretary of Homeland Security, in
consultation with the Director of National Intelligence in a manner
consistent with the authorities and responsibilities of such
Director, shall jointly submit to the appropriate congressional
committees a report on domestic terrorism containing the following:
(A) The strategic intelligence assessment under paragraph
(2).
(B) The discussion of activities under paragraph (3).
(C) Data on domestic terrorism under paragraph (4).
(D) Recommendations under paragraph (5).
(2) Strategic intelligence assessment.--
(A) Assessment required.--The Director of the Federal
Bureau of Investigation and the Secretary of Homeland Security,
in consultation with the Director of National Intelligence in a
manner consistent with the authorities and responsibilities of
such Director, shall prepare and include in the report under
paragraph (1) a strategic intelligence assessment of domestic
terrorism in the United States during fiscal years 2017, 2018,
and 2019.
(B) Standards.--The Director of the Federal Bureau of
Investigation and the Secretary of Homeland Security, in
consultation with the Director of National Intelligence in a
manner consistent with the authorities and responsibilities of
such Director, shall ensure that the strategic assessment under
subparagraph (A) complies with the analytic integrity and
tradecraft standards of the intelligence community.
(3) Discussion of activities.--The report under paragraph (1)
shall discuss and compare the following with respect to each
applicable element of the intelligence community:
(A) The criteria for opening, managing, and closing
domestic and international terrorism investigations.
(B) Standards and procedures for the Federal Bureau of
Investigation with respect to the review, prioritization, and
mitigation of domestic and international terrorism threats in
the United States.
(C) The planning (including plans of analysis of the
Federal Bureau of Investigation, Department of Homeland
Security, and National Counterterrorism Center), development,
production, analysis, and evaluation of intelligence and
intelligence products relating to terrorism, noting any
differences with respect to domestic terrorism and
international terrorism.
(D) The sharing of information relating to domestic and
international terrorism by and between--
(i) the Federal Government;
(ii) State, local, Tribal, territorial, and foreign
governments;
(iii) the appropriate congressional committees;
(iv) nongovernmental organizations; and
(v) the private sector.
(E) The criteria and methodology used by the Federal Bureau
of Investigation to identify or assign terrorism
classifications to investigations of domestic terrorism.
(F) Compliance by the Federal Government with privacy,
civil rights, and civil liberties policies and protections
applicable to the production of the report under paragraph (1),
including protections against the public release of names or
other personally identifiable information of individuals
involved in incidents, investigations, indictments,
prosecutions, or convictions for which data is reported under
this section.
(G) Information regarding any training or resources
provided by the Federal Bureau of Investigation, the Department
of Homeland Security, or the National Counterterrorism Center,
to assist Federal, State, local, and Tribal law enforcement
agencies in understanding, detecting, deterring, and
investigating acts of domestic terrorism, including the date,
type, subject, and recipient agencies of such training or
resources.
(4) Data on domestic terrorism.--
(A) Data required.--In accordance with subparagraph (B),
the report under paragraph (1) shall include the following data
for the period beginning on January 1, 2009, and ending on the
date of the enactment of this Act:
(i) For each completed or attempted incident of
domestic terrorism that has occurred in the United States
during such period--
(I) a description of such incident;
(II) the date and location of such incident;
(III) the number and type of completed and
attempted Federal nonviolent crimes committed during
such incident;
(IV) the number and type of completed and attempted
Federal and State property crimes committed during such
incident, including an estimate of economic damages
resulting from such crimes; and
(V) the number and type of completed and attempted
Federal violent crimes committed during such incident,
including the number of people injured or killed as a
result of such crimes.
(ii) For such period--
(I) an identification of each assessment,
preliminary investigation, full investigation, and
enterprise investigation with a nexus to domestic
terrorism opened, pending, or closed by the Federal
Bureau of Investigation;
(II) the number of assessments or investigations
identified under subclause (I) associated with each
domestic terrorism investigative classification
(including subcategories);
(III) the number of assessments or investigations
described in subclause (II) initiated as a result of a
referral or investigation by a Federal, State, local,
Tribal, territorial, or foreign government, of a hate
crime;
(IV) the number of Federal criminal charges with a
nexus to domestic terrorism, including the number of
indictments and complaints associated with each
domestic terrorism investigative classification
(including subcategories), a summary of the allegations
contained in each such indictment, the disposition of
the prosecution, and, if applicable, the sentence
imposed as a result of a conviction on such charges;
(V) referrals of incidents of domestic terrorism by
or to State, local, Tribal, territorial, or foreign
governments, to or by departments or agencies of the
Federal Government, for investigation or prosecution,
including the number of such referrals associated with
each domestic terrorism investigation classification
(including any subcategories), and a summary of each
such referral that includes the rationale for such
referral and the disposition of the applicable Federal
investigation or prosecution;
(VI) intelligence products produced by the
intelligence community relating to domestic terrorism,
including, with respect to the Federal Bureau of
Investigation, the number of such products associated
with each domestic terrorism investigative
classification (including any subcategories);
(VII) with respect to the Federal Bureau of
Investigation--
(aa) the number of staff (expressed in terms of
full-time equivalents and positions) working on
matters relating to domestic terrorism described in
subclauses (I) through (VI); and
(bb) a summary of time utilization and
recordkeeping data for personnel working on such
matters, including the number or percentage of such
personnel associated with each domestic terrorism
investigative classification (including any
subcategories) in the FBI Headquarters Operational
Divisions and Field Divisions;
(VIII) with respect to the Office of Intelligence
and Analysis of the Department of Homeland Security,
the number of staff (expressed in terms of full-time
equivalents and positions) working on matters relating
to domestic terrorism described in subclauses (I)
through (VI); and
(IX) with respect to the National Counterterrorism
Center, the number of staff (expressed in terms of
full-time equivalents and positions) working on matters
relating to domestic terrorism described in subclauses
(I) through (VI), and the applicable legal authorities
relating to the activities of such staff.
(B) Collection and compilation.--The requirement to submit
data under paragraph (1)--
(i) may not be construed to require the creation or
maintenance of any record that the Federal Bureau of
Investigation, the Department of Homeland Security, or the
National Counterterrorism Center, as the case may be, does
not maintain in the ordinary course of business or pursuant
to another provision of law; and
(ii) shall be carried out by collecting, compiling, or
otherwise using data and records that such entities
otherwise maintain or create.
(C) Format.--The information required under subparagraph
(A) may be provided in a format that uses the marking
associated with the Central Records System (or any successor
system) of the Federal Bureau of Investigation.
(5) Recommendations.--
(A) In general.--The report under paragraph (1) shall
include recommendations, including any constitutional analysis
conducted relating to such recommendations, with respect to the
following:
(i) The necessity of changing authorities, roles,
resources, or responsibilities within the Federal
Government to more effectively prevent and counter domestic
terrorism activities.
(ii) Measures necessary to ensure the protection of
privacy and civil liberties in the carrying out of
activities relating to countering domestic terrorism.
(B) Consultation.--In developing recommendations pursuant
to subparagraph (A)(ii), the Director of the Federal Bureau of
Investigation and the Secretary of Homeland Security, in
consultation with the Director of National Intelligence, may
seek the advice of the Privacy and Civil Liberties Oversight
Board.
(c) Provision of Other Documents and Materials.--
(1) In general.--Together with the report under subsection
(b)(1), the Director of the Federal Bureau of Investigation and the
Secretary of Homeland Security, in consultation with the Director
of National Intelligence in a manner consistent with the
authorities and responsibilities of such Director, shall also
submit to the appropriate congressional committees the following
documents and materials in complete and unredacted form:
(A) With respect to the Federal Bureau of Investigation, at
a minimum, the most recent, approved versions of--
(i) the Attorney General's Guidelines for Domestic FBI
Operations (or any successor);
(ii) the FBI Domestic Investigations and Operations
Guide (or any successor);
(iii) the FBI Counterterrorism Policy Guide (or any
successor); and
(iv) materials sufficient to show the rankings of
domestic terrorism in relation to other threats within the
Threat Review and Prioritization process, with respect to
the headquarters and each field office of the Federal
Bureau of Investigation.
(B) With respect to the intelligence community--
(i) a list of all intelligence products described in
subsection (b)(4)(A)(ii)(VI); and
(ii) a means of accessing each such product.
(2) Nonduplication.--If any documents or materials required
under paragraph (1) have been previously submitted to the
appropriate congressional committees under such paragraph and have
not been modified since such submission, the Director of the
Federal Bureau of Investigation, the Secretary of Homeland
Security, and the Director of National Intelligence may provide a
list of such documents or materials in lieu of making the
submission under paragraph (1) for those documents or materials.
(d) Annual Updates.--During the 5-year period following the date of
the submission of the reports under subsections (b) and (c), the
Director of the Federal Bureau of Investigation and the Secretary of
Homeland Security, in consultation with the Director of National
Intelligence in a manner consistent with the authorities and
responsibilities of such Director, shall jointly submit to the
appropriate congressional committees annual updates to the reports
submitted under subsections (a), (b), and (c).
(e) Classification and Public Release.--The reports under
subsections (a), (b), and (d) shall be--
(1) unclassified, but may contain a classified annex;
(2) with respect to the unclassified portion of the report,
made available on the public internet websites of the Federal
Bureau of Investigation, the Department of Homeland Security, and
the National Counterterrorism Center--
(A) not later than 30 days after submission to the
appropriate congressional committees; and
(B) in an electronic format that is fully indexed and
searchable; and
(3) with respect to a classified annex, submitted to the
appropriate congressional committees in an electronic format that
is fully indexed and searchable.
(f) Information Quality.--The reports under subsections (a), (b),
and (d), to the extent applicable, shall comply with the guidelines
issued by the Director of the Office of Management and Budget pursuant
to section 515 of title V of the Consolidated Appropriations Act, 2001
(Public Law 106-554; 114 Stat. 2763A-154).
TITLE LVII--REPORTS AND OTHER MATTERS
Subtitle A--Reports and Briefings
SEC. 5701. MODIFICATION OF REQUIREMENTS FOR SUBMISSION TO CONGRESS OF
CERTAIN REPORTS.
(a) Modification of Reports Relating to Guantanamo Bay.--
(1) Modification.--Section 506I(b) of the National Security Act
of 1947 (50 U.S.C. 3105(b)) is amended by striking ``once every 6
months'' and inserting ``annually''.
(2) Modification.--Section 319(a) of the Supplemental
Appropriations Act, 2009 (10 U.S.C. 801 note) is amended by
striking ``every 90 days'' and inserting ``annually''.
(b) Modification to Reports on Analytic Integrity.--Subsection (c)
of section 1019 of the Intelligence Reform and Terrorism Prevention Act
of 2004 (50 U.S.C. 3364) is amended--
(1) in the heading, by striking ``Reports'' and inserting
``Briefings''; and
(2) by striking ``submit to the congressional intelligence
committees, the heads of the relevant elements of the intelligence
community, and the heads of analytic training departments a report
containing'' and inserting ``provide to the congressional
intelligence committees, the heads of the relevant elements of the
intelligence community, and the heads of analytic training
departments a briefing with''.
(c) Repeal of Reports Relating to Intelligence Functions.--Section
506J of the National Security Act of 1947 (50 U.S.C. 3105a) is repealed
and the table of contents in the first section of such Act is amended
by striking the item relating to section 506J.
(d) Modification of Required Reports Relating to Entertainment
Industry.--Section 308 of the Intelligence Authorization Act for Fiscal
Year 2017 (50 U.S.C. 3332) is amended--
(1) in subsection (b)(2)--
(A) by striking ``paragraph (1) shall--'' and all that
follows through ``permit an element'' and insert ``paragraph
(1) shall permit an element'';
(B) by striking ``approval; and'' and inserting
``approval.''; and
(C) by striking subparagraph (B); and
(2) by striking subsection (c) and inserting the following new
subsection:
``(c) Information on Prior Year Engagements.--At the written
request of either of the congressional intelligence committees, the
Director of National Intelligence shall submit to such committees
information with respect to engagements occurring during the calendar
year prior to the year during which such request is made. Such
information may include--
``(1) a description of the nature and duration of each such
engagement;
``(2) the cost incurred by the United States Government for
each such engagement;
``(3) a description of the benefits to the United States
Government for each such engagement;
``(4) a determination of whether any information was
declassified, and whether any classified information was improperly
disclosed, for each such engagement; and
``(5) a description of the work produced through each such
engagement.''.
SEC. 5702. INCREASED TRANSPARENCY REGARDING COUNTERTERRORISM BUDGET OF
THE UNITED STATES.
(a) Findings.--Congress finds the following:
(1) Consistent with section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C.
3306(a)), the recent practice of the intelligence community has
been to release to the public--
(A) around the date on which the President submits to
Congress a budget for a fiscal year pursuant to section 1105 of
title 31, United States Code, the ``top-line'' amount of total
funding requested for the National Intelligence Program for
such fiscal year; and
(B) the amount of requested and appropriated funds for the
National Intelligence Program and Military Intelligence Program
for certain prior fiscal years, consistent with the protection
of intelligence sources and methods.
(2) The Directorate of Strategic Operational Planning of the
National Counterterrorism Center is responsible for producing an
annual National Counterterrorism Budget report, which examines the
alignment of intelligence and other resources in the applicable
fiscal year budget with the counterterrorism goals and areas of
focus in the National Strategy for Counterterrorism.
(b) Sense of Congress.--It is the sense of Congress that--
(1) despite the difficulty of compiling and releasing to the
public comprehensive information on the resource commitments of the
United States to counterterrorism activities and programs,
including with respect to such activities and programs of the
intelligence community, the United States Government could take
additional steps to enhance the understanding of the public with
respect to such resource commitments, in a manner consistent with
the protection of intelligence sources and methods and other
national security interests; and
(2) the United States Government should release to the public
as much information as possible regarding the funding of
counterterrorism activities and programs, including activities and
programs of the intelligence community, in a manner consistent with
the protection of intelligence sources and methods and other
national security interests.
(c) Briefing on Public Release of Information.--
(1) Requirement.--Not later than 90 days after the date of the
enactment of this Act, and not later than 90 days after the
beginning of each fiscal year thereafter, the President shall
ensure that the congressional intelligence committees receive a
briefing from appropriate personnel of the United States Government
on the feasibility of releasing to the public additional
information relating to counterterrorism efforts of the
intelligence community.
(2) Elements.--Each briefing required by paragraph (1) shall
include a discussion of the feasibility of--
(A) subject to paragraph (3), releasing to the public the
National Counterterrorism Budget report described in subsection
(a)(2) for the prior fiscal year; and
(B) declassifying other reports, documents, or activities
of the intelligence community relating to counterterrorism and
releasing such information to the public in a manner consistent
with the protection of intelligence sources and methods and
other national security interests.
(3) Release of national counterterrorism budget report.--The
President may satisfy the requirement under paragraph (2)(A) during
a fiscal year by, not later than 90 days after the beginning of the
fiscal year, releasing to the public the National Counterterrorism
Budget report (with any redactions the Director determines
necessary to protect intelligence sources and methods and other
national security interests) for the prior fiscal year.
SEC. 5703. STUDY ON ROLE OF RETIRED AND FORMER PERSONNEL OF
INTELLIGENCE COMMUNITY WITH RESPECT TO CERTAIN FOREIGN INTELLIGENCE
OPERATIONS.
(a) Study.--The Director of National Intelligence shall conduct a
study on former intelligence personnel providing covered intelligence
assistance.
(b) Elements.--The study under subsection (a) shall include the
following:
(1) An identification of, and discussion of the effectiveness
of, existing laws, policies, procedures, and other measures
relevant to the ability of elements of the intelligence community
to prevent former intelligence personnel from providing covered
intelligence assistance--
(A) without proper authorization; or
(B) in a manner that would violate legal or policy controls
if the personnel performed such assistance while working for
the United States Government; and
(2) Make recommendations for such legislative, regulatory,
policy, or other changes as may be necessary to ensure that the
United States consistently meets the objectives described in
paragraph (1).
(c) Report and Plan.--Not later than 90 days after the date of the
enactment of this Act, the Director shall submit to the congressional
intelligence committees, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee on Homeland
Security of the House of Representatives--
(1) a report on the findings of the Director with respect to
each element of the study under subsection (a); and
(2) a plan to implement any recommendations made by the
Director that the Director may implement without changes to Federal
law.
(d) Form.--The report and plan under subsection (c) may be
submitted in classified form.
(e) Definitions.--In this section:
(1) Covered intelligence assistance.--The term ``covered
intelligence assistance'' means assistance--
(A) provided by former intelligence personnel directly to,
or for the benefit of, the government of a foreign country or
indirectly to, or for the benefit of, such a government through
a company or other entity; and
(B) that relates to intelligence, military, or law
enforcement activities of a foreign country, including with
respect to operations that involve abuses of human rights,
violations of the laws of the United States, or infringements
on the privacy rights of United States persons.
(2) Former intelligence personnel.--The term ``former
intelligence personnel'' means retired or former personnel of the
intelligence community, including civilian employees of elements of
the intelligence community, members of the Armed Forces, and
contractors of elements of the intelligence community.
SEC. 5704. COLLECTION, ANALYSIS, AND DISSEMINATION OF WORKFORCE DATA.
(a) Modification of Requirement for Annual Report on Hiring and
Retention of Minority Employees.--
(1) Expansion of period of report.--Subsection (a) of section
114 of the National Security Act of 1947 (50 U.S.C. 3050) is
amended by inserting ``and the preceding 5 fiscal years'' after
``fiscal year''.
(2) Clarification on disaggregation of data.--Subsection (b) of
such section is amended, in the matter before paragraph (1), by
striking ``disaggregated data by category of covered person from
each element of the intelligence community'' and inserting ``data,
disaggregated by category of covered person and by element of the
intelligence community,''.
(b) Initial Reporting.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, and subject to paragraph (3), the Director
of National Intelligence shall make available to the public, the
appropriate congressional committees, and the workforce of the
intelligence community a report which includes aggregate
demographic data and other information regarding the diversity and
inclusion efforts of the workforce of the intelligence community.
(2) Contents.--A report made available under paragraph (1)--
(A) shall include unclassified reports and barrier analyses
relating to diversity and inclusion efforts;
(B) shall include aggregate demographic data--
(i) by segment of the workforce of the intelligence
community and grade or rank;
(ii) relating to attrition and promotion rates;
(iii) that addresses the compliance of the intelligence
community with validated inclusion metrics, such as the New
Inclusion Quotient index score; and
(iv) that provides demographic comparisons to the
relevant nongovernmental labor force and the relevant
civilian labor force;
(C) shall include an analysis of applicant flow data,
including the percentage and level of positions for which data
are collected, and a discussion of any resulting policy changes
or recommendations;
(D) shall include demographic data relating to participants
in professional development programs of the intelligence
community and the rate of placement into senior positions for
participants in such programs;
(E) shall include any voluntarily collected demographic
data relating to the membership of any external advisory
committee or board to which individuals in senior positions in
the intelligence community appoint members; and
(F) may include data in proportions or percentages to
account for concerns relating to the protection of classified
information.
(c) Updates.--After making available a report under subsection (b),
the Director of National Intelligence shall annually provide a report
(which may be provided as part of an annual report required under
another provision of law) to the workforce of the intelligence
community (including senior leadership), the public, and the
appropriate congressional committees that includes--
(1) demographic data and information on the status of diversity
and inclusion efforts of the intelligence community;
(2) an analysis of applicant flow data, including the
percentage and level of positions for which data are collected, and
a discussion of any resulting policy changes or recommendations;
and
(3) demographic data relating to participants in professional
development programs of the intelligence community and the rate of
placement into senior positions for participants in such programs.
(d) Expand the Collection and Analysis of Voluntary Applicant Flow
Data.--
(1) In general.--The Director of National Intelligence shall
develop a system to collect and analyze applicant flow data for as
many positions within the intelligence community as practicable, in
order to identify areas for improvement in attracting diverse
talent, with particular attention to senior and management
positions.
(2) Phased implementation.--The collection of applicant flow
data may be implemented by the Director of National Intelligence in
a phased approach commensurate with the resources available to the
intelligence community.
(e) Identify Additional Categories for Voluntary Data Collection of
Current Employees.--
(1) In general.--The Director of National Intelligence may
submit to the Office of Management and Budget and to the
appropriate congressional committees a recommendation regarding
whether the intelligence community should voluntarily collect more
detailed data on demographic categories in addition to the race and
ethnicity categories specified in the statistical policy directive
issued by the Office of Management and Budget entitled ``Standards
for Maintaining, Collecting, and Presenting Federal Data on Race
and Ethnicity''.
(2) Process.--In making a recommendation under paragraph (1),
the Director of National Intelligence shall--
(A) engage in close consultation with internal
stakeholders, such as employee resource or affinity groups;
(B) ensure that there is clear communication with the
workforce of the intelligence community--
(i) to explain the purpose of the potential collection
of such data; and
(ii) regarding legal protections relating to any
anticipated use of such data; and
(C) ensure adherence to relevant standards and guidance
issued by the Federal Government.
(f) Definitions.--In this section:
(1) Applicant flow data.--The term ``applicant flow data''
means data that tracks the rate of applications for job positions
among demographic categories.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Armed Services, the Committee on Homeland Security and
Governmental Affairs, the Select Committee on Intelligence, and
the Committee on Appropriations of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Armed Services, the Committee on Homeland Security, the
Permanent Select Committee on Intelligence, and the Committee
on Appropriations of the House of Representatives.
(3) Diversity.--The term ``diversity'' means diversity of
persons based on gender, race, ethnicity, disability status,
veteran status, sexual orientation, gender identity, national
origin, and other demographic categories.
SEC. 5705. PLAN FOR STRENGTHENING THE SUPPLY CHAIN INTELLIGENCE
FUNCTION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of the National Counterintelligence
and Security Center, in coordination with the Director of the Defense
Counterintelligence and Security Agency and other interagency partners,
shall submit to the appropriate congressional committees a plan for
strengthening the supply chain intelligence function.
(b) Elements.--The plan submitted under subsection (a) shall
address the following:
(1) The appropriate workforce model, including size, mix, and
seniority, from the elements of the intelligence community and
other interagency partners.
(2) The budgetary resources necessary to implement the plan.
(3) The appropriate governance structure within the
intelligence community and with interagency partners.
(4) The authorities necessary to implement the plan.
(c) Appropriate Congressional Committees Defined.--The term
``appropriate congressional committees'' means--
(1) the congressional intelligence committees; and
(2) the Committees on Armed Services of the House of
Representatives and the Senate.
SEC. 5706. COMPREHENSIVE ECONOMIC ASSESSMENT OF INVESTMENT IN KEY
UNITED STATES TECHNOLOGIES BY COMPANIES OR ORGANIZATIONS LINKED TO
CHINA.
(a) Assessment Required.--Not later than 90 days after the date of
the enactment of this Act, the Director of National Intelligence, in
coordination with the Director of the National Counterintelligence and
Security Center, the Director of the Federal Bureau of Investigation,
the Director of the Central Intelligence Agency, the Secretary of the
Treasury, and the heads of such other Federal agencies as the Director
of National Intelligence considers appropriate, shall submit to the
congressional intelligence committees a comprehensive economic
assessment of investment in key United States technologies, including
emerging technologies, by companies or organizations linked to China,
including the implications of these investments for the national
security of the United States.
(b) Form of Assessment.--The assessment submitted under subsection
(a) shall be submitted in unclassified form, but may include a
classified annex.
SEC. 5707. REPORT BY DIRECTOR OF NATIONAL INTELLIGENCE ON FIFTH-
GENERATION WIRELESS NETWORK TECHNOLOGY.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations of the Senate; and
(3) Committee on Foreign Affairs of the House of
Representatives.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate committees of Congress a report on--
(1) the threat to the national security of the United States
posed by the global and regional adoption of fifth-generation
wireless network (known as ``5G'') technology built by foreign
companies;
(2) the threat to the national security of the United States
posed by telecommunications companies that are subject to the
jurisdiction of a foreign adversary; and
(3) possible efforts to mitigate the threat.
(c) Contents.--The report under subsection (b) shall include--
(1) the timeline and scale of global and regional adoption of
foreign fifth-generation wireless network technology;
(2) the implications of such global and regional adoption on
the cyber and espionage threat to the United States, the interests
of the United States, and the cyber and collection capabilities of
the United States;
(3) the threat to the national security of the United States
from acquisition, importation, transfer, installation, or use of
any communications technology by any person subject to the
jurisdiction of the United States that involves communications
technology designed, developed, manufactured or supplied by,
controlled by, or subject to, the jurisdiction of a foreign
adversary; and
(4) the effect of possible mitigation efforts, including with
respect to--
(A) a policy of the United States Government promoting the
use of strong, end-to-end encryption for data transmitted over
fifth-generation wireless networks;
(B) a policy of the United States Government promoting or
funding free, open-source implementation of fifth-generation
wireless network technology;
(C) subsidies or incentives provided by the United States
Government that could be used to promote the adoption of secure
fifth-generation wireless network technology developed by
companies of the United States or companies of allies of the
United States; and
(D) a strategy by the United States Government to reduce
foreign influence and political pressure in international
standard-setting bodies.
(d) Form.--The report submitted under subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 5708. REPORT ON USE BY INTELLIGENCE COMMUNITY OF FACIAL
RECOGNITION TECHNOLOGY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the use of facial recognition technology for the purpose of
suppressing or burdening criticism or dissent, or for
disadvantaging persons based on their ethnicity, race, gender,
sexual orientation, or religion, is contrary to the values of the
United States;
(2) the United States Government should not engage in the sale
or transfer of facial recognition technology to any country that is
using such technology for the suppression of human rights; and
(3) it is incumbent upon the intelligence community to develop
clear policies and procedures that prevent the abuse of facial
recognition technology.
(b) Report Required.--Not later than 1 year after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees a report on the use
of facial recognition technology by the intelligence community. Such
report shall include each of the following:
(1) An analysis of the current use of facial recognition
technology by the intelligence community.
(2) An analysis of the accuracy of facial recognition
technology, including a discussion of the appropriate threshold for
use, and data disaggregated by race, gender, ethnicity, and age.
(3) Whether the Government has adequate procedures in place to
audit or test technology they purchase to assess its accuracy,
including on the basis of race, gender, ethnicity, and age.
(4) The extent to which the intelligence community has codified
policies governing the use of facial recognition technology that
adequately prevent adverse impacts on privacy, civil rights, and
civil liberties.
(5) An analysis of the ability of the intelligence community to
use facial recognition technology to identify individuals in a way
that respects constitutional rights, civil rights, civil liberties,
and privacy of such individuals.
(6) Identification of risks and safeguards to uphold the
constitutional rights, civil rights, civil liberties, and privacy
of individuals, including for communities of color and religious
minorities.
(7) Whether such technology is deployed in public areas or on
photos of public areas in a manner that could raise First Amendment
concerns.
(8) An identification of existing policies, procedures, or
practices that permit the sharing of facial recognition data and
technology with foreign governments or other non-United States
Government entities.
(9) An identification of measures in place to protect data
security.
(10) An identification of any redress procedures to address
complaints in cases where the use of facial recognition resulted in
harm to an individual.
(11) An analysis of existing transparency, oversight, and
audits of the use of facial recognition to measure the efficacy of
the technology on an ongoing basis, as measured against the cost
and impact on individual rights.
(c) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(d) Facial Recognition Data Defined.--In this section, the term
``facial recognition data'' means any unique attribute or feature of
the face of an end user that is used by facial recognition technology
to assign a unique, persistent identifier, or for the unique personal
identification of a specific individual.
SEC. 5709. REPORT ON DEEPFAKE TECHNOLOGY, FOREIGN WEAPONIZATION OF
DEEPFAKES, AND RELATED NOTIFICATIONS.
(a) Report on Foreign Weaponization of Deepfakes and Deepfake
Technology.--
(1) Report required.--Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence,
in consultation with the heads of the elements of the intelligence
community determined appropriate by the Director, shall submit to
the congressional intelligence committees a report on--
(A) the potential national security impacts of machine-
manipulated media (commonly known as ``deepfakes''); and
(B) the actual or potential use of machine-manipulated
media by foreign governments to spread disinformation or engage
in other malign activities.
(2) Matters to be included.--The report under subsection (a)
shall include the following:
(A) An assessment of the technical capabilities of foreign
governments, including foreign intelligence services, foreign
government-affiliated entities, and foreign individuals, with
respect to machine-manipulated media, machine-generated text,
generative adversarial networks, and related machine-learning
technologies, including--
(i) an assessment of the technical capabilities of the
People's Republic of China and the Russian Federation with
respect to the production and detection of machine-
manipulated media; and
(ii) an annex describing those governmental elements
within China and Russia known to have supported or
facilitated machine-manipulated media research,
development, or dissemination, as well as any civil-
military fusion, private-sector, academic, or
nongovernmental entities which have meaningfully
participated in such activities.
(B) An updated assessment of how foreign governments,
including foreign intelligence services, foreign government-
affiliated entities, and foreign individuals, could use or are
using machine-manipulated media and machine-generated text to
harm the national security interests of the United States,
including an assessment of the historic, current, or potential
future efforts of China and Russia to use machine-manipulated
media, including with respect to--
(i) the overseas or domestic dissemination of
misinformation;
(ii) the attempted discrediting of political opponents
or disfavored populations; and
(iii) intelligence or influence operations directed
against the United States, allies or partners of the United
States, or other jurisdictions believed to be subject to
Chinese or Russian interference.
(C) An updated identification of the countertechnologies
that have been or could be developed and deployed by the United
States Government, or by the private sector with Government
support, to deter, detect, and attribute the use of machine-
manipulated media and machine-generated text by foreign
governments, foreign-government affiliates, or foreign
individuals, along with an analysis of the benefits,
limitations and drawbacks of such identified counter-
technologies, including any emerging concerns related to
privacy.
(D) An identification of the offices within the elements of
the intelligence community that have, or should have, lead
responsibility for monitoring the development of, use of, and
response to machine-manipulated media and machine-generated
text, including--
(i) a description of the coordination of such efforts
across the intelligence community;
(ii) a detailed description of the existing
capabilities, tools, and relevant expertise of such
elements to determine whether a piece of media has been
machine manipulated or machine generated, including the
speed at which such determination can be made, the
confidence level of the element in the ability to make such
a determination accurately, and how increasing volume and
improved quality of machine-manipulated media or machine-
generated text may negatively impact such capabilities; and
(iii) a detailed description of planned or ongoing
research and development efforts intended to improve the
ability of the intelligence community to detect machine-
manipulated media and machine-generated text.
(E) A description of any research and development
activities carried out or under consideration to be carried out
by the intelligence community, including the Intelligence
Advanced Research Projects Activity, relevant to machine-
manipulated media and machine-generated text detection
technologies.
(F) Updated recommendations regarding whether the
intelligence community requires additional legal authorities,
financial resources, or specialized personnel to address the
national security threat posed by machine-manipulated media and
machine-generated text.
(G) Other additional information the Director determines
appropriate.
(b) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(c) Requirement for Notification.--The Director of National
Intelligence, in cooperation with the heads of any other relevant
departments or agencies of the Federal Government, shall notify the
congressional intelligence committees each time the Director of
National Intelligence determines--
(1) there is credible information or intelligence that a
foreign entity has attempted, is attempting, or will attempt to
deploy machine-manipulated media or machine-generated text aimed at
the elections or domestic political processes of the United States;
and
(2) that such intrusion or campaign can be attributed to a
foreign government, a foreign government-affiliated entity, or a
foreign individual.
(d) Annual Update.--Upon submission of the report in subsection
(a), on an annual basis, the Director of National Intelligence, in
consultation with the heads of the elements of the intelligence
community determined appropriate by the Director, shall submit to the
congressional intelligence committees any significant updates with
respect to the matters described in subsection (a).
(e) Definitions.--
(1) Machine-generated text.--The term ``machine-generated
text'' means text generated using machine-learning techniques in
order to resemble writing in natural language.
(2) Machine-manipulated media.--The term ``machine-manipulated
media'' has the meaning given that term in section 5724.
SEC. 5710. ANNUAL REPORT BY COMPTROLLER GENERAL OF THE UNITED STATES ON
CYBERSECURITY AND SURVEILLANCE THREATS TO CONGRESS.
(a) Annual Report Required.--Not later than 180 days after the date
of the enactment of this Act and not less frequently than once each
year thereafter, the Comptroller General of the United States shall
submit to the congressional intelligence committees a report on
cybersecurity and surveillance threats to Congress.
(b) Statistics.--Each report submitted under subsection (a) shall
include statistics on cyber attacks and other incidents of espionage or
surveillance targeted against Senators or the immediate families or
staff of the Senators, and Representatives, Delegates, and the Resident
Commissioner, or the immediate families or staff of the
Representatives, Delegates, and the Resident Commissioner, in which the
nonpublic communications and other private information of such targeted
individuals were lost, stolen, or otherwise subject to unauthorized
access.
(c) Consultation.--In preparing a report to be submitted under
subsection (a), the Comptroller General shall consult with the Director
of National Intelligence, the Secretary of Homeland Security, the
Sergeant at Arms of the House of Representatives, and the Sergeant at
Arms and Doorkeeper of the Senate.
(d) Form.--The report under subsection (a), including the contents
of the report in subsection (b), shall be submitted in unclassified
form, but may include a classified annex to protect sources and methods
and any appropriate redactions of personally identifiable information.
SEC. 5711. ANALYSIS OF AND PERIODIC BRIEFINGS ON MAJOR INITIATIVES OF
INTELLIGENCE COMMUNITY IN ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING.
(a) Analysis.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence shall,
in coordination with the heads of such elements of the intelligence
community as the Director considers appropriate--
(A) complete a comprehensive analysis of the major
initiatives of the intelligence community in artificial
intelligence and machine learning; and
(B) provide to the congressional intelligence committees a
briefing on the findings of the Director with respect to the
analysis conducted pursuant to subparagraph (A).
(2) Elements.--The analysis conducted under paragraph (1)(A)
shall include analyses of how the initiatives described in such
paragraph--
(A) correspond with the strategy of the intelligence
community entitled ``Augmenting Intelligence Using Machines'';
(B) complement each other and avoid unnecessary
duplication;
(C) are coordinated with the efforts of the Defense
Department on artificial intelligence, including efforts at the
Joint Artificial Intelligence Center and Project Maven; and
(D) leverage advances in artificial intelligence and
machine learning in the private sector.
(b) Periodic Briefings.--Not later than 30 days after the date of
the enactment of this Act, not less frequently than twice each year
thereafter until the date that is 2 years after the date of the
enactment of this Act, and not less frequently than once each year
thereafter until the date that is 7 years after the date of the
enactment of this Act, the Director and the Chief Information Officer
of the Department of Defense shall jointly provide to the congressional
intelligence committees and congressional defense committees (as
defined in section 101 of title 10, United States Code) briefings with
updates on activities relating to, and the progress of, their
respective artificial intelligence and machine learning initiatives,
particularly the Augmenting Intelligence Using Machines initiative and
the Joint Artificial Intelligence Center.
SEC. 5712. REPORT ON BEST PRACTICES TO PROTECT PRIVACY AND CIVIL
LIBERTIES OF CHINESE AMERICANS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the People's Republic of China appears to be specifically
targeting the Chinese-American community for intelligence purposes;
(2) such targeting carries a substantial risk that the loyalty
of such Americans may be generally questioned and lead to
unacceptable stereotyping, targeting, and racial profiling;
(3) the United States Government has a duty to warn and protect
all Americans including those of Chinese descent from these
intelligence efforts by the People's Republic of China;
(4) the broad stereotyping, targeting, and racial profiling of
Americans of Chinese descent is contrary to the values of the
United States and reinforces the flawed narrative perpetuated by
the People's Republic of China that ethnically Chinese individuals
worldwide have a duty to support the People's Republic of China;
and
(5) the United States efforts to combat the People's Republic
of China's intelligence activities should actively safeguard and
promote the constitutional rights of all Chinese Americans.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, acting
through the Office of Civil Liberties, Privacy, and Transparency, in
coordination with the civil liberties and privacy officers of the
elements of the intelligence community, shall submit a report to the
congressional intelligence committees containing--
(1) a review of how the policies, procedures, and practices of
the intelligence community that govern the intelligence activities
and operations targeting the People's Republic of China affect
policies, procedures, and practices relating to the privacy and
civil liberties of Americans of Chinese descent who may be targets
of espionage and influence operations by China; and
(2) recommendations to ensure that the privacy and civil
liberties of Americans of Chinese descent are sufficiently
protected.
(c) Form.--The report under subsection (b) shall be submitted in
unclassified form, but may include a classified annex.
SEC. 5713. OVERSIGHT OF FOREIGN INFLUENCE IN ACADEMIA.
(a) Definitions.--In this section:
(1) Covered institution of higher education.--The term
``covered institution of higher education'' means an institution
described in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002) that receives Federal funds in any amount and for any
purpose.
(2) Sensitive research subject.--The term ``sensitive research
subject'' means a subject of research that is carried out at a
covered institution of higher education that receives funds that
were appropriated for--
(A) the National Intelligence Program; or
(B) any Federal agency the Director of National
Intelligence deems appropriate.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act and not less frequently than once each year
thereafter, the Director of National Intelligence, in consultation with
such elements of the intelligence community as the Director considers
appropriate and consistent with the privacy protections afforded to
United States persons, shall submit to congressional intelligence
committees a report on risks to sensitive research subjects posed by
foreign entities in order to provide Congress and covered institutions
of higher education with more complete information on these risks and
to help ensure academic freedom.
(c) Contents.--The report required by subsection (b) shall include
the following:
(1) A list of sensitive research subjects that could affect
national security.
(2) A list of foreign entities, including governments,
corporations, nonprofit organizations and for-profit organizations,
and any subsidiary or affiliate of such an entity, that the
Director determines pose a counterintelligence, espionage
(including economic espionage), or other national security threat
with respect to sensitive research subjects.
(3) A list of any known or suspected attempts by foreign
entities to exert pressure on covered institutions of higher
education, including attempts to limit freedom of speech, propagate
misinformation or disinformation, or to influence professors,
researchers, or students.
(4) Recommendations for collaboration between covered
institutions of higher education and the intelligence community to
mitigate threats to sensitive research subjects associated with
foreign influence in academia, including any necessary legislative
or administrative action.
(d) Congressional Notifications Required.--Not later than 30 days
after the date on which the Director identifies a change to either list
described in paragraph (1) or (2) of subsection (c), the Director shall
notify the congressional intelligence committees of the change.
SEC. 5714. REPORT ON DEATH OF JAMAL KHASHOGGI.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to Congress a report on the death of Jamal Khashoggi, consistent
with protecting sources and methods. Such report shall include
identification of those who carried out, participated in, ordered, or
were otherwise complicit in or responsible for the death of Jamal
Khashoggi.
(b) Form.--The report submitted under subsection (a) shall be
submitted in unclassified form.
SEC. 5715. REPORT ON TERRORIST SCREENING DATABASE.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence and the
Secretary of State shall jointly submit to the congressional
intelligence committees, the Committee on Foreign Affairs of the House
of Representatives, and the Committee on Foreign Relations of the
Senate a report on the terrorist screening database of the Federal
Bureau of Investigation.
(b) Matters Included.--The report under subsection (a) shall
identify the following:
(1) Which foreign countries receive access to the terrorist
screening database.
(2) Which foreign countries have successfully petitioned to add
individuals to the terrorist screening database.
(3) What standards exist for determining which countries get
access to the terrorist screening database.
(4) The extent to which the human rights record of the
government of a foreign country is considered in the determination
to give the country access to the terrorist screening database.
(5) What procedures, if any, exist to remove access to the
terrorist screening database from a foreign country.
(6) What procedures, if any, exist to inform an individual, or
the legal counsel of an individual, of the placement of the
individual on the terrorist screening database.
(c) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
SEC. 5716. REPORT CONTAINING THREAT ASSESSMENT ON TERRORIST USE OF
CONVENTIONAL AND ADVANCED CONVENTIONAL WEAPONS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for a period of 4 years,
the Under Secretary of Homeland Security for Intelligence and Analysis,
in coordination with the Director of the Federal Bureau of
Investigation, shall develop and submit to the entities in accordance
with subsection (b) a report containing a threat assessment regarding
the availability of conventional weapons, including conventional
weapons lacking serial numbers, and advanced conventional weapons, for
use in furthering acts of terrorism, including the provision of
material support or resources to a foreign terrorist organization and
to individuals or groups supporting or engaging in domestic terrorism.
(b) Dissemination of Report.--Consistent with the protection of
classified and confidential unclassified information, the Under
Secretary shall--
(1) submit the initial report required under subsection (a) to
Federal, State, local, and Tribal law enforcement officials,
including officials who operate within State, local, and regional
fusion centers under the Department of Homeland Security State,
Local, and Regional Fusion Center Initiative established by section
210A of the Homeland Security Act of 2002 (6 U.S.C. 124h); and
(2) submit each report required under subsection (a) to the
appropriate congressional committees.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Permanent Select Committee on Intelligence, the
Committee on Homeland Security, and the Committee on the
Judiciary of the House of Representatives; and
(B) the Select Committee on Intelligence, the Committee on
Homeland Security and Governmental Affairs, and the Committee
on the Judiciary of the Senate.
(2) Domestic terrorism.--The term ``domestic terrorism'' has
the meaning given that term in section 2331 of title 18, United
States Code.
(3) Foreign terrorist organization.--The term ``foreign
terrorist organization'' means an organization designated as a
foreign terrorist organization under section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189).
SEC. 5717. ASSESSMENT OF HOMELAND SECURITY VULNERABILITIES ASSOCIATED
WITH CERTAIN RETIRED AND FORMER PERSONNEL OF THE INTELLIGENCE
COMMUNITY.
(a) Assessment Required.--Not later than the date that is 120 days
after submission of the report required under section 5703, and
annually thereafter, the Director of National Intelligence, in
coordination with the Under Secretary of Homeland Security for
Intelligence and Analysis, the Director of the Federal Bureau of
Investigation, the Director of the Central Intelligence Agency, and the
Director of the Defense Counterintelligence and Security Agency, shall
submit to the appropriate congressional committees an assessment of the
homeland security vulnerabilities associated with retired and former
personnel of the intelligence community providing covered intelligence
assistance.
(b) Form.--The assessment under subsection (a) may be submitted in
classified form.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(C) the Committee on Homeland Security of the House of
Representatives.
(2) Covered intelligence assistance.--The term ``covered
intelligence assistance'' has the meaning given that term in
section 5703.
SEC. 5718. STUDY ON FEASIBILITY AND ADVISABILITY OF ESTABLISHING
GEOSPATIAL-INTELLIGENCE MUSEUM AND LEARNING CENTER.
(a) Study Required.--Not later than 180 days after the date of the
enactment of this Act, the Director of the National Geospatial-
Intelligence Agency shall complete a study on the feasibility and
advisability of establishing a Geospatial-Intelligence Museum and
learning center.
(b) Elements.--The study required by subsection (a) shall include
the following:
(1) Identifying the costs, opportunities, and challenges of
establishing the museum and learning center as described in such
subsection.
(2) Developing recommendations concerning such establishment.
(3) Identifying and reviewing lessons learned from the
establishment of the Cyber Center for Education and Innovation-Home
of the National Cryptologic Museum under section 7781(a) of title
10, United States Code.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director shall submit to the congressional
intelligence committees and the congressional defense committees (as
defined in section 101 of title 10, United States Code) a report on the
findings of the Director with respect to the study completed under
subsection (a).
Subtitle B--Other Matters
SEC. 5721. WHISTLEBLOWER DISCLOSURES TO CONGRESS AND COMMITTEES OF
CONGRESS.
Section 2302 of title 5, United States Code, is amended--
(1) in subsection (b)(8)--
(A) in subparagraph (A), by striking ``; or'' and inserting
a semicolon;
(B) in subparagraph (B)(ii), by striking the semicolon at
the end and inserting ``; or''; and
(C) by inserting after subparagraph (B) the following new
subparagraph:
``(C) any disclosure to Congress (including any committee
of Congress) by any employee of an agency or applicant for
employment at an agency of information described in
subparagraph (B) that is--
``(i) not classified; or
``(ii) if classified--
``(I) has been classified by the head of an agency
that is not an element of the intelligence community
(as defined by section 3 of the National Security Act
of 1947 (50 U.S.C. 3003)); and
``(II) does not reveal intelligence sources and
methods.''; and
(2) in subsection (c)(2)(C)(iii)(III), by inserting after
``Congress'' the following: ``(including any committee of Congress
with respect to information that is not classified or, if
classified, has been classified by the head of an agency that is
not an element of the intelligence community and does not reveal
intelligence sources and methods)''.
SEC. 5722. TASK FORCE ON ILLICIT FINANCING OF ESPIONAGE AND FOREIGN
INFLUENCE OPERATIONS.
(a) Establishment.--Not later than 30 days after the date of the
enactment of this Act, the Director of National Intelligence shall
establish a task force to study and assess the illicit financing of
espionage and foreign influence operations directed at the United
States.
(b) Membership.--The task force shall be composed of the following
individuals (or designees of the individual):
(1) The Director of the Central Intelligence Agency.
(2) The Director of the Federal Bureau of Investigation.
(3) The Assistant Secretary of the Treasury for Intelligence
and Analysis.
(4) The Assistant Secretary of State for Intelligence and
Research.
(5) Such other heads of the elements of the intelligence
community that the Director of National Intelligence determines
appropriate.
(c) Chairperson; Meetings.--
(1) Chairperson.--The Director of National Intelligence shall
appoint a senior official within the Office of the Director of
National Intelligence to serve as the chairperson of the task
force.
(2) Meetings.--The task force shall meet regularly but not less
frequently than on a quarterly basis.
(d) Reports.--
(1) Initial report.--Not later than 180 days after the date of
the enactment of this Act, the task force shall submit to the
appropriate congressional committees a report on the illicit
financing of espionage and foreign influence operations directed at
the United States. The report shall address the following:
(A) The extent of the collection by the intelligence
community, from all sources (including the governments of
foreign countries), of intelligence and information relating to
illicit financing of espionage and foreign influence operations
directed at the United States, and any gaps in such collection.
(B) Any specific legal, regulatory, policy, or other
prohibitions, or financial, human, technical, or other resource
limitations or constraints, that have affected the ability of
the Director of National Intelligence or other heads of
relevant elements of the intelligence community in collecting
or analyzing intelligence or information relating to illicit
financing of espionage and foreign influence operations
directed at the United States.
(C) The methods, as of the date of the report, by which
hostile governments of foreign countries or foreign
organizations, and any groups or persons acting on behalf of or
with the support of such governments or organizations, seek to
disguise or obscure relationships between such governments,
organizations, groups, or persons and United States persons,
for the purpose of conducting espionage or foreign influence
operations directed at the United States, including by
exploiting financial laws, systems, or instruments, of the
United States.
(D) The existing practices of the intelligence community
for ensuring that intelligence and information relating to the
illicit financing of espionage and foreign influence operations
is analyzed and shared with other elements of the intelligence
community, and any recommendations for improving such analysis
and sharing.
(2) Annual update.--Not later than 1 year after the date of the
enactment of this Act, and each year thereafter through the date
specified in subsection (e), the task force shall submit to the
appropriate congressional committees an update on the report.
(3) Form.--Each report submitted under this subsection may be
submitted in classified form, but if submitted in such form, shall
include an unclassified summary.
(e) Termination.--The task force shall terminate on January 1,
2025.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional intelligence committees.
(2) The Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
(3) The Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
SEC. 5723. ESTABLISHMENT OF FIFTH-GENERATION TECHNOLOGY PRIZE
COMPETITION.
(a) Prize Competition.--Pursuant to section 24 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), the Director
of National Intelligence, acting through the Director of the
Intelligence Advanced Research Projects Agency, shall carry out a
program to award prizes competitively to stimulate research and
development relevant to fifth-generation technology.
(b) Prize Amount.--In carrying out the program under subsection
(a), the Director may award not more than a total of $5,000,000 to one
or more winners of the prize competition.
(c) Consultation.--In carrying out the program under subsection
(a), the Director may consult with the heads of relevant departments
and agencies of the Federal Government.
(d) Fifth-generation Technology Defined.--In this section, the term
``fifth-generation technology'' means hardware, software, or other
technologies relating to fifth-generation wireless networks (known as
``5G'').
SEC. 5724. ESTABLISHMENT OF DEEPFAKES PRIZE COMPETITION.
(a) Prize Competition.--Pursuant to section 24 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), the Director
of National Intelligence, acting through the Director of the
Intelligence Advanced Research Projects Agency, shall carry out a
program to award prizes competitively to stimulate the research,
development, or commercialization of technologies to automatically
detect machine-manipulated media.
(b) Prize Amount.--In carrying out the program under subsection
(a), the Director may award not more than a total of $5,000,000 to one
or more winners of the prize competition.
(c) Consultation.--In carrying out the program under subsection
(a), the Director may consult with the heads of relevant departments
and agencies of the Federal Government.
(d) Machine-Manipulated Media Defined.--In this section, the term
``machine-manipulated media'' means video, image, or audio recordings
generated or substantially modified using machine-learning techniques
in order to falsely depict events, to falsely depict the speech or
conduct of an individual, or to depict individuals who do not exist.
SEC. 5725. IDENTIFICATION OF AND COUNTERMEASURES AGAINST CERTAIN
INTERNATIONAL MOBILE SUBSCRIBER IDENTITY-CATCHERS.
(a) In General.--The Director of National Intelligence and the
Director of the Federal Bureau of Investigation, in collaboration with
the Under Secretary of Homeland Security for Intelligence and Analysis,
and the heads of such other Federal, State, or local agencies as the
Directors determine appropriate, and in accordance with applicable law
and policy, may--
(1) undertake an effort to identify International Mobile
Subscriber Identity-catchers operated within the United States by--
(A) hostile foreign governments; and
(B) individuals who have violated a criminal law of the
United States or of any State, or who have committed acts that
would be a criminal violation if committed within the
jurisdiction of the United States or any State; and
(2) when appropriate, develop countermeasures against such
International Mobile Subscriber Identity-catchers, with
prioritization given to such International Mobile Subscriber
Identity-catchers identified in the National Capital Region.
(b) Briefing Required.--Prior to developing countermeasures under
subsection (a)(2), the Director of National Intelligence and the
Director of the Federal Bureau of Investigation shall provide a
briefing to the appropriate congressional committees on--
(1) the use of International Mobile Subscriber Identity-
catchers operated within the United States by the individuals and
governments described in subsection (a)(1);
(2) potential countermeasures by the intelligence community
against such International Mobile Subscriber Identity-catchers; and
(3) any legal or policy limitations with respect to the
development or carrying out of such countermeasures.
(c) Definitions.--
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(C) the Committees on the Judiciary of the House of
Representatives and the Senate.
(2) International mobile subscriber identity-catcher.--The term
``International Mobile Subscriber Identity-catcher'' means a device
used for intercepting mobile phone identifying information and
location data.
SEC. 5726. SECURING ENERGY INFRASTRUCTURE.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental
Affairs and the Committee on Energy and Natural Resources of
the Senate; and
(C) the Committee on Homeland Security and the Committee on
Energy and Commerce of the House of Representatives.
(2) Covered entity.--The term ``covered entity'' means an
entity identified pursuant to section 9(a) of Executive Order No.
13636 of February 12, 2013 (78 Fed. Reg. 11742), relating to
identification of critical infrastructure where a cybersecurity
incident could reasonably result in catastrophic regional or
national effects on public health or safety, economic security, or
national security.
(3) Exploit.--The term ``exploit'' means a software tool
designed to take advantage of a security vulnerability.
(4) Industrial control system.--The term ``industrial control
system'' means an operational technology used to measure, control,
or manage industrial functions, and includes supervisory control
and data acquisition systems, distributed control systems, and
programmable logic or embedded controllers.
(5) National laboratory.--The term ``National Laboratory'' has
the meaning given the term in section 2 of the Energy Policy Act of
2005 (42 U.S.C. 15801).
(6) Program.--The term ``Program'' means the pilot program
established under subsection (b).
(7) Secretary.--Except as otherwise specifically provided, the
term ``Secretary'' means the Secretary of Energy.
(8) Security vulnerability.--The term ``security
vulnerability'' means any attribute of hardware, software, process,
or procedure that could enable or facilitate the defeat of a
security control.
(b) Pilot Program for Securing Energy Infrastructure.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary shall establish a 2-year control systems implementation pilot
program within the National Laboratories for the purposes of--
(1) partnering with covered entities in the energy sector
(including critical component manufacturers in the supply chain)
that voluntarily participate in the Program to identify new classes
of security vulnerabilities of the covered entities; and
(2) evaluating technology and standards, in partnership with
covered entities, to isolate and defend industrial control systems
of covered entities from security vulnerabilities and exploits in
the most critical systems of the covered entities, including--
(A) analog and nondigital control systems;
(B) purpose-built control systems; and
(C) physical controls.
(c) Working Group To Evaluate Program Standards and Develop
Strategy.--
(1) Establishment.--The Secretary shall establish a working
group--
(A) to evaluate the technology and standards used in the
Program under subsection (b)(2); and
(B) to develop a national cyber-informed engineering
strategy to isolate and defend covered entities from security
vulnerabilities and exploits in the most critical systems of
the covered entities.
(2) Membership.--The working group established under paragraph
(1) shall be composed of not fewer than 10 members, to be appointed
by the Secretary, at least 1 member of which shall represent each
of the following:
(A) The Department of Energy.
(B) The energy industry, including electric utilities and
manufacturers recommended by the Energy Sector coordinating
councils.
(C)(i) The Department of Homeland Security; or
(ii) the Industrial Control Systems Cyber Emergency
Response Team.
(D) The North American Electric Reliability Corporation.
(E) The Nuclear Regulatory Commission.
(F)(i) The Office of the Director of National Intelligence;
or
(ii) the intelligence community (as defined in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003)).
(G)(i) The Department of Defense; or
(ii) the Assistant Secretary of Defense for Homeland
Security and America's Security Affairs.
(H) A State or regional energy agency.
(I) A national research body or academic institution.
(J) The National Laboratories.
(d) Reports on the Program.--
(1) Interim report.--Not later than 180 days after the date on
which funds are first disbursed under the Program, the Secretary
shall submit to the appropriate congressional committees an interim
report that--
(A) describes the results of the Program;
(B) includes an analysis of the feasibility of each method
studied under the Program; and
(C) describes the results of the evaluations conducted by
the working group established under subsection (c)(1).
(2) Final report.--Not later than 2 years after the date on
which funds are first disbursed under the Program, the Secretary
shall submit to the appropriate congressional committees a final
report that--
(A) describes the results of the Program;
(B) includes an analysis of the feasibility of each method
studied under the Program; and
(C) describes the results of the evaluations conducted by
the working group established under subsection (c)(1).
(e) Exemption From Disclosure.--Information shared by or with the
Federal Government or a State, Tribal, or local government under this
section--
(1) shall be deemed to be voluntarily shared information;
(2) shall be exempt from disclosure under section 552 of title
5, United States Code, or any provision of any State, Tribal, or
local freedom of information law, open government law, open
meetings law, open records law, sunshine law, or similar law
requiring the disclosure of information or records; and
(3) shall be withheld from the public, without discretion,
under section 552(b)(3) of title 5, United States Code, and any
provision of any State, Tribal, or local law requiring the
disclosure of information or records.
(f) Protection From Liability.--
(1) In general.--A cause of action against a covered entity for
engaging in the voluntary activities authorized under subsection
(b)--
(A) shall not lie or be maintained in any court; and
(B) shall be promptly dismissed by the applicable court.
(2) Voluntary activities.--Nothing in this section subjects any
covered entity to liability for not engaging in the voluntary
activities authorized under subsection (b).
(g) No New Regulatory Authority for Federal Agencies.--Nothing in
this section authorizes the Secretary or the head of any other
department or agency of the Federal Government to issue new
regulations.
(h) Authorization of Appropriations.--
(1) Pilot program.--There is authorized to be appropriated
$10,000,000 to carry out subsection (b).
(2) Working group and report.--There is authorized to be
appropriated $1,500,000 to carry out subsections (c) and (d).
(3) Availability.--Amounts made available under paragraphs (1)
and (2) shall remain available until expended.
SUBDIVISION 2--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018 AND
2019
SEC. 6100. TABLE OF CONTENTS.
The table of contents for this subdivision is as follows:
Sec. 6100. Table of contents.
TITLE LXI--INTELLIGENCE ACTIVITIES
Sec. 6101. Authorization of appropriations.
Sec. 6102. Intelligence Community Management Account.
TITLE LXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 6201. Authorization of appropriations.
Sec. 6202. Computation of annuities for employees of the Central
Intelligence Agency.
TITLE LXIII--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 6301. Restriction on conduct of intelligence activities.
Sec. 6302. Increase in employee compensation and benefits authorized by
law.
Sec. 6303. Modification of special pay authority for science,
technology, engineering, or mathematics positions and addition
of special pay authority for cyber positions.
Sec. 6304. Modification of appointment of Chief Information Officer of
the Intelligence Community.
Sec. 6305. Director of National Intelligence review of placement of
positions within the intelligence community on the Executive
Schedule.
Sec. 6306. Supply Chain and Counterintelligence Risk Management Task
Force.
Sec. 6307. Consideration of adversarial telecommunications and
cybersecurity infrastructure when sharing intelligence with
foreign governments and entities.
Sec. 6308. Cyber protection support for the personnel of the
intelligence community in positions highly vulnerable to cyber
attack.
Sec. 6309. Elimination of sunset of authority relating to management of
supply-chain risk.
Sec. 6310. Limitations on determinations regarding certain security
classifications.
Sec. 6311. Joint Intelligence Community Council.
Sec. 6312. Intelligence community information technology environment.
Sec. 6313. Report on development of secure mobile voice solution for
intelligence community.
Sec. 6314. Policy on minimum insider threat standards.
Sec. 6315. Submission of intelligence community policies.
Sec. 6316. Expansion of intelligence community recruitment efforts.
TITLE LXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 6401. Authority for protection of current and former employees of
the Office of the Director of National Intelligence.
Sec. 6402. Designation of the program manager-information-sharing
environment.
Sec. 6403. Technical modification to the executive schedule.
Sec. 6404. Chief Financial Officer of the Intelligence Community.
Sec. 6405. Chief Information Officer of the Intelligence Community.
Subtitle B--Central Intelligence Agency
Sec. 6411. Central Intelligence Agency subsistence for personnel
assigned to austere locations.
Sec. 6412. Special rules for certain monthly workers' compensation
payments and other payments for Central Intelligence Agency
personnel.
Sec. 6413. Expansion of security protective service jurisdiction of the
Central Intelligence Agency.
Sec. 6414. Repeal of foreign language proficiency requirement for
certain senior level positions in the Central Intelligence
Agency.
Subtitle C--Office of Intelligence and Counterintelligence of Department
of Energy
Sec. 6421. Consolidation of Department of Energy Offices of Intelligence
and Counterintelligence.
Sec. 6422. Repeal of Department of Energy Intelligence Executive
Committee and budget reporting requirement.
Subtitle D--Other Elements
Sec. 6431. Plan for designation of counterintelligence component of
Defense Security Service as an element of intelligence
community.
Sec. 6432. Notice not required for private entities.
Sec. 6433. Establishment of advisory board for National Reconnaissance
Office.
Sec. 6434. Collocation of certain Department of Homeland Security
personnel at field locations.
TITLE LXV--ELECTION MATTERS
Sec. 6501. Report on cyber attacks by foreign governments against United
States election infrastructure.
Sec. 6502. Review of intelligence community's posture to collect against
and analyze Russian efforts to influence the Presidential
election.
Sec. 6503. Assessment of foreign intelligence threats to Federal
elections.
Sec. 6504. Strategy for countering Russian cyber threats to United
States elections.
Sec. 6505. Assessment of significant Russian influence campaigns
directed at foreign elections and referenda.
Sec. 6506. Information sharing with State election officials.
Sec. 6507. Notification of significant foreign cyber intrusions and
active measures campaigns directed at elections for Federal
offices.
Sec. 6508. Designation of counterintelligence officer to lead election
security matters.
TITLE LXVI--SECURITY CLEARANCES
Sec. 6601. Definitions.
Sec. 6602. Reports and plans relating to security clearances and
background investigations.
Sec. 6603. Improving the process for security clearances.
Sec. 6604. Goals for promptness of determinations regarding security
clearances.
Sec. 6605. Security Executive Agent.
Sec. 6606. Report on unified, simplified, Governmentwide standards for
positions of trust and security clearances.
Sec. 6607. Report on clearance in person concept.
Sec. 6608. Reports on reciprocity for security clearances inside of
departments and agencies.
Sec. 6609. Intelligence community reports on security clearances.
Sec. 6610. Periodic report on positions in the intelligence community
that can be conducted without access to classified
information, networks, or facilities.
Sec. 6611. Information-sharing program for positions of trust and
security clearances.
Sec. 6612. Report on protections for confidentiality of whistleblower-
related communications.
Sec. 6613. Reports on costs of security clearance background
investigations.
TITLE LXVII--REPORTS AND OTHER MATTERS
Subtitle A--Matters Relating to Russia and Other Foreign Powers
Sec. 6701. Limitation relating to establishment or support of
cybersecurity unit with the Russian Federation.
Sec. 6702. Assessment of threat finance relating to Russia.
Sec. 6703. Notification of an active measures campaign.
Sec. 6704. Notification of travel by accredited diplomatic and consular
personnel of the Russian Federation in the United States.
Sec. 6705. Report and annual briefing on Iranian expenditures supporting
foreign military and terrorist activities.
Sec. 6706. Expansion of scope of committee to counter active measures.
Subtitle B--Reports
Sec. 6711. Technical correction to Inspector General study.
Sec. 6712. Reports on authorities of the Chief Intelligence Officer of
the Department of Homeland Security.
Sec. 6713. Review of intelligence community whistleblower matters.
Sec. 6714. Report on role of Director of National Intelligence with
respect to certain foreign investments.
Sec. 6715. Report on surveillance by foreign governments against United
States telecommunications networks.
Sec. 6716. Biennial report on foreign investment risks.
Sec. 6717. Modification of certain reporting requirement on travel of
foreign diplomats.
Sec. 6718. Semiannual reports on investigations of unauthorized
disclosures of classified information.
Sec. 6719. Congressional notification of designation of covered
intelligence officer as persona non grata.
Sec. 6720. Reports on intelligence community participation in
vulnerabilities equities process of Federal Government.
Sec. 6721. Inspectors General reports on classification.
Sec. 6722. Reports and briefings on national security effects of global
water insecurity and emerging infectious disease and
pandemics.
Sec. 6723. Annual report on memoranda of understanding between elements
of intelligence community and other entities of the United
States Government regarding significant operational activities
or policy.
Sec. 6724. Study on the feasibility of encrypting unclassified wireline
and wireless telephone calls.
Sec. 6725. Reports on intelligence community loan repayment and related
programs.
Sec. 6726. Repeal of certain reporting requirements.
Sec. 6727. Inspector General of the Intelligence Community report on
senior executives of the Office of the Director of National
Intelligence.
Sec. 6728. Briefing on Federal Bureau of Investigation offering
permanent residence to sources and cooperators.
Sec. 6729. Intelligence assessment of North Korea revenue sources.
Sec. 6730. Report on possible exploitation of virtual currencies by
terrorist actors.
Subtitle C--Other Matters
Sec. 6741. Public Interest Declassification Board.
Sec. 6742. Technical and clerical amendments to the National Security
Act of 1947.
Sec. 6743. Bug bounty programs.
Sec. 6744. Technical amendments related to the Department of Energy.
Sec. 6745. Sense of Congress on notification of certain disclosures of
classified information.
Sec. 6746. Sense of Congress on consideration of espionage activities
when considering whether or not to provide visas to foreign
individuals to be accredited to a United Nations mission in
the United States.
Sec. 6747. Sense of Congress on WikiLeaks.
TITLE LXI--INTELLIGENCE ACTIVITIES
SEC. 6101. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 2019.--Funds that were appropriated for fiscal year
2019 for the conduct of the intelligence and intelligence-related
activities of the following elements of the United States Government
are hereby authorized:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy, and
the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
(b) Fiscal Year 2018.--Funds that were appropriated for fiscal year
2018 for the conduct of the intelligence and intelligence-related
activities of the elements of the United States set forth in subsection
(a) are hereby authorized.
SEC. 6102. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
The amounts that were appropriated for the Intelligence Community
Management Account of the Director of National Intelligence for fiscal
years 2018 and 2019 are hereby authorized.
TITLE LXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEM
SEC. 6201. AUTHORIZATION OF APPROPRIATIONS.
The amounts that were appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal years 2018 and 2019
are hereby authorized.
SEC. 6202. COMPUTATION OF ANNUITIES FOR EMPLOYEES OF THE CENTRAL
INTELLIGENCE AGENCY.
(a) Computation of Annuities.--
(1) In general.--Section 221 of the Central Intelligence Agency
Retirement Act (50 U.S.C. 2031) is amended--
(A) in subsection (a)(3)(B), by striking the period at the
end and inserting ``, as determined by using the annual rate of
basic pay that would be payable for full-time service in that
position.'';
(B) in subsection (b)(1)(C)(i), by striking ``12-month''
and inserting ``2-year'';
(C) in subsection (f)(2), by striking ``one year'' and
inserting ``two years'';
(D) in subsection (g)(2), by striking ``one year'' each
place such term appears and inserting ``two years'';
(E) by redesignating subsections (h), (i), (j), (k), and
(l) as subsections (i), (j), (k), (l), and (m), respectively;
and
(F) by inserting after subsection (g) the following:
``(h) Conditional Election of Insurable Interest Survivor Annuity
by Participants Married at the Time of Retirement.--
``(1) Authority to make designation.--Subject to the rights of
former spouses under subsection (b) and section 222, at the time of
retirement a married participant found by the Director to be in
good health may elect to receive an annuity reduced in accordance
with subsection (f)(1)(B) and designate in writing an individual
having an insurable interest in the participant to receive an
annuity under the system after the participant's death, except that
any such election to provide an insurable interest survivor annuity
to the participant's spouse shall only be effective if the
participant's spouse waives the spousal right to a survivor annuity
under this Act. The amount of the annuity shall be equal to 55
percent of the participant's reduced annuity.
``(2) Reduction in participant's annuity.--The annuity payable
to the participant making such election shall be reduced by 10
percent of an annuity computed under subsection (a) and by an
additional 5 percent for each full 5 years the designated
individual is younger than the participant. The total reduction
under this subparagraph may not exceed 40 percent.
``(3) Commencement of survivor annuity.--The annuity payable to
the designated individual shall begin on the day after the retired
participant dies and terminate on the last day of the month before
the designated individual dies.
``(4) Recomputation of participant's annuity on death of
designated individual.--An annuity that is reduced under this
subsection shall, effective the first day of the month following
the death of the designated individual, be recomputed and paid as
if the annuity had not been so reduced.''.
(2) Conforming amendments.--
(A) Central intelligence agency retirement act.--The
Central Intelligence Agency Retirement Act (50 U.S.C. 2001 et
seq.) is amended--
(i) in section 232(b)(1) (50 U.S.C. 2052(b)(1)), by
striking ``221(h),'' and inserting ``221(i),''; and
(ii) in section 252(h)(4) (50 U.S.C. 2082(h)(4)), by
striking ``221(k)'' and inserting ``221(l)''.
(B) Central intelligence agency act of 1949.--Subsection
(a) of section 14 of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3514(a)) is amended by striking ``221(h)(2),
221(i), 221(l),'' and inserting ``221(i)(2), 221(j), 221(m),''.
(b) Annuities for Former Spouses.--Subparagraph (B) of section
222(b)(5) of the Central Intelligence Agency Retirement Act (50 U.S.C.
2032(b)(5)(B)) is amended by striking ``one year'' and inserting ``two
years''.
(c) Prior Service Credit.--Subparagraph (A) of section 252(b)(3) of
the Central Intelligence Agency Retirement Act (50 U.S.C.
2082(b)(3)(A)) is amended by striking ``October 1, 1990'' both places
that term appears and inserting ``March 31, 1991''.
(d) Reemployment Compensation.--Section 273 of the Central
Intelligence Agency Retirement Act (50 U.S.C. 2113) is amended--
(1) by redesignating subsections (b) and (c) as subsections (c)
and (d), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Part-Time Reemployed Annuitants.--The Director shall have the
authority to reemploy an annuitant on a part-time basis in accordance
with section 8344(l) of title 5, United States Code.''.
(e) Effective Date and Application.--The amendments made by
subsection (a)(1)(A) and subsection (c) shall take effect as if enacted
on October 28, 2009, and shall apply to computations or participants,
respectively, as of such date.
TITLE LXIII--GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 6301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this subdivision shall not
be deemed to constitute authority for the conduct of any intelligence
activity which is not otherwise authorized by the Constitution or the
laws of the United States.
SEC. 6302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this subdivision for salary, pay,
retirement, and other benefits for Federal employees may be increased
by such additional or supplemental amounts as may be necessary for
increases in such compensation or benefits authorized by law.
SEC. 6303. MODIFICATION OF SPECIAL PAY AUTHORITY FOR SCIENCE,
TECHNOLOGY, ENGINEERING, OR MATHEMATICS POSITIONS AND ADDITION OF
SPECIAL PAY AUTHORITY FOR CYBER POSITIONS.
Section 113B of the National Security Act of 1947 (50 U.S.C. 3049a)
is amended--
(1) by amending subsection (a) to read as follows:
``(a) Special Rates of Pay for Positions Requiring Expertise in
Science, Technology, Engineering, or Mathematics.--
``(1) In general.--Notwithstanding part III of title 5, United
States Code, the head of each element of the intelligence community
may, for one or more categories of positions in such element that
require expertise in science, technology, engineering, or
mathematics--
``(A) establish higher minimum rates of pay; and
``(B) make corresponding increases in all rates of pay of
the pay range for each grade or level, subject to subsection
(b) or (c), as applicable.
``(2) Treatment.--The special rate supplements resulting from
the establishment of higher rates under paragraph (1) shall be
basic pay for the same or similar purposes as those specified in
section 5305(j) of title 5, United States Code.'';
(2) by redesignating subsections (b) through (f) as subsections
(c) through (g), respectively;
(3) by inserting after subsection (a) the following:
``(b) Special Rates of Pay for Cyber Positions.--
``(1) In general.--Notwithstanding subsection (c), the Director
of the National Security Agency may establish a special rate of
pay--
``(A) not to exceed the rate of basic pay payable for level
II of the Executive Schedule under section 5313 of title 5,
United States Code, if the Director certifies to the Under
Secretary of Defense for Intelligence, in consultation with the
Under Secretary of Defense for Personnel and Readiness, that
the rate of pay is for positions that perform functions that
execute the cyber mission of the Agency; or
``(B) not to exceed the rate of basic pay payable for the
Vice President of the United States under section 104 of title
3, United States Code, if the Director certifies to the
Secretary of Defense, by name, individuals that have advanced
skills and competencies and that perform critical functions
that execute the cyber mission of the Agency.
``(2) Pay limitation.--Employees receiving a special rate under
paragraph (1) shall be subject to an aggregate pay limitation that
parallels the limitation established in section 5307 of title 5,
United States Code, except that--
``(A) any allowance, differential, bonus, award, or other
similar cash payment in addition to basic pay that is
authorized under title 10, United States Code, (or any other
applicable law in addition to title 5 of such Code, excluding
the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.))
shall also be counted as part of aggregate compensation; and
``(B) aggregate compensation may not exceed the rate
established for the Vice President of the United States under
section 104 of title 3, United States Code.
``(3) Limitation on number of recipients.--The number of
individuals who receive basic pay established under paragraph
(1)(B) may not exceed 100 at any time.
``(4) Limitation on use as comparative reference.--
Notwithstanding any other provision of law, special rates of pay
and the limitation established under paragraph (1)(B) may not be
used as comparative references for the purpose of fixing the rates
of basic pay or maximum pay limitations of qualified positions
under section 1599f of title 10, United States Code, or section 226
of the Homeland Security Act of 2002 (6 U.S.C. 147).'';
(4) in subsection (c), as redesignated by paragraph (2), by
striking ``A minimum'' and inserting ``Except as provided in
subsection (b), a minimum'';
(5) in subsection (d), as redesignated by paragraph (2), by
inserting ``or (b)'' after ``by subsection (a)''; and
(6) in subsection (g), as redesignated by paragraph (2)--
(A) in paragraph (1), by striking ``Not later than 90 days
after the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2017'' and inserting ``Not
later than 90 days after the date of the enactment of the Damon
Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018 and 2019''; and
(B) in paragraph (2)(A), by inserting ``or (b)'' after
``subsection (a)''.
SEC. 6304. MODIFICATION OF APPOINTMENT OF CHIEF INFORMATION OFFICER OF
THE INTELLIGENCE COMMUNITY.
Section 103G(a) of the National Security Act of 1947 (50 U.S.C.
3032(a)) is amended by striking ``President'' and inserting
``Director''.
SEC. 6305. DIRECTOR OF NATIONAL INTELLIGENCE REVIEW OF PLACEMENT OF
POSITIONS WITHIN THE INTELLIGENCE COMMUNITY ON THE EXECUTIVE SCHEDULE.
(a) Review.--The Director of National Intelligence, in coordination
with the Director of the Office of Personnel Management, shall conduct
a review of positions within the intelligence community regarding the
placement of such positions on the Executive Schedule under subchapter
II of chapter 53 of title 5, United States Code. In carrying out such
review, the Director of National Intelligence, in coordination with the
Director of the Office of Personnel Management, shall determine--
(1) the standards under which such review will be conducted;
(2) which positions should or should not be on the Executive
Schedule; and
(3) for those positions that should be on the Executive
Schedule, the level of the Executive Schedule at which such
positions should be placed.
(b) Report.--Not later than 60 days after the date on which the
review under subsection (a) is completed, the Director of National
Intelligence shall submit to the congressional intelligence committees,
the Committee on Homeland Security and Governmental Affairs of the
Senate, and the Committee on Oversight and Reform of the House of
Representatives an unredacted report describing the standards by which
the review was conducted and the outcome of the review.
SEC. 6306. SUPPLY CHAIN AND COUNTERINTELLIGENCE RISK MANAGEMENT TASK
FORCE.
(a) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional intelligence committees.
(2) The Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate.
(3) The Committee on Armed Services, the Committee on Homeland
Security, and the Committee on Oversight and Reform of the House of
Representatives.
(b) Requirement to Establish.--The Director of National
Intelligence shall establish a Supply Chain and Counterintelligence
Risk Management Task Force to standardize information sharing between
the intelligence community and the acquisition community of the United
States Government with respect to the supply chain and
counterintelligence risks.
(c) Members.--The Supply Chain and Counterintelligence Risk
Management Task Force established under subsection (b) shall be
composed of--
(1) a representative of the Defense Security Service of the
Department of Defense;
(2) a representative of the General Services Administration;
(3) a representative of the Office of Federal Procurement
Policy of the Office of Management and Budget;
(4) a representative of the Department of Homeland Security;
(5) a representative of the Federal Bureau of Investigation;
(6) the Director of the National Counterintelligence and
Security Center; and
(7) any other members the Director of National Intelligence
determines appropriate.
(d) Security Clearances.--Each member of the Supply Chain and
Counterintelligence Risk Management Task Force established under
subsection (b) shall have a security clearance at the top secret level
and be able to access sensitive compartmented information.
(e) Annual Report.--The Supply Chain and Counterintelligence Risk
Management Task Force established under subsection (b) shall submit to
the appropriate congressional committees an annual report that
describes the activities of the Task Force during the previous year,
including identification of the supply chain, cybersecurity, and
counterintelligence risks shared with the acquisition community of the
United States Government by the intelligence community.
SEC. 6307. CONSIDERATION OF ADVERSARIAL TELECOMMUNICATIONS AND
CYBERSECURITY INFRASTRUCTURE WHEN SHARING INTELLIGENCE WITH FOREIGN
GOVERNMENTS AND ENTITIES.
Whenever the head of an element of the intelligence community
enters into an intelligence-sharing agreement with a foreign government
or any other foreign entity, the head of the element shall consider the
pervasiveness of telecommunications and cybersecurity infrastructure,
equipment, and services provided by adversaries of the United States,
particularly China and Russia, or entities of such adversaries in the
country or region of the foreign government or other foreign entity
entering into the agreement.
SEC. 6308. CYBER PROTECTION SUPPORT FOR THE PERSONNEL OF THE
INTELLIGENCE COMMUNITY IN POSITIONS HIGHLY VULNERABLE TO CYBER ATTACK.
(a) Definitions.--In this section:
(1) Personal accounts.--The term ``personal accounts'' means
accounts for online and telecommunications services, including
telephone, residential internet access, email, text and multimedia
messaging, cloud computing, social media, health care, and
financial services, used by personnel of the intelligence community
outside of the scope of their employment with elements of the
intelligence community.
(2) Personal technology devices.--The term ``personal
technology devices'' means technology devices used by personnel of
the intelligence community outside of the scope of their employment
with elements of the intelligence community, including networks to
which such devices connect.
(b) Authority To Provide Cyber Protection Support.--
(1) In general.--Subject to a determination by the Director of
National Intelligence, the Director may provide cyber protection
support for the personal technology devices and personal accounts
of the personnel described in paragraph (2).
(2) At-risk personnel.--The personnel described in this
paragraph are personnel of the intelligence community--
(A) who the Director determines to be highly vulnerable to
cyber attacks and hostile information collection activities
because of the positions occupied by such personnel in the
intelligence community; and
(B) whose personal technology devices or personal accounts
are highly vulnerable to cyber attacks and hostile information
collection activities.
(c) Nature of Cyber Protection Support.--Subject to the
availability of resources, the cyber protection support provided to
personnel under subsection (b) may include training, advice,
assistance, and other services relating to cyber attacks and hostile
information collection activities.
(d) Limitation on Support.--Nothing in this section shall be
construed--
(1) to encourage personnel of the intelligence community to use
personal technology devices for official business; or
(2) to authorize cyber protection support for senior
intelligence community personnel using personal devices, networks,
and personal accounts in an official capacity.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director shall submit to the congressional
intelligence committees a report on the provision of cyber protection
support under subsection (b). The report shall include--
(1) a description of the methodology used to make the
determination under subsection (b)(2); and
(2) guidance for the use of cyber protection support and
tracking of support requests for personnel receiving cyber
protection support under subsection (b).
SEC. 6309. ELIMINATION OF SUNSET OF AUTHORITY RELATING TO MANAGEMENT OF
SUPPLY-CHAIN RISK.
Section 309 of the Intelligence Authorization Act for Fiscal Year
2012 (Public Law 112-87; 50 U.S.C. 3329 note) is amended by striking
subsection (g).
SEC. 6310. LIMITATIONS ON DETERMINATIONS REGARDING CERTAIN SECURITY
CLASSIFICATIONS.
(a) Prohibition.--An officer of an element of the intelligence
community who has been nominated by the President for a position that
requires the advice and consent of the Senate may not make a
classification decision with respect to information related to such
officer's nomination.
(b) Classification Determinations.--
(1) In general.--Except as provided in paragraph (2), in a case
in which an officer described in subsection (a) has been nominated
as described in such subsection and classification authority rests
with the officer or another officer who reports directly to such
officer, a classification decision with respect to information
relating to the officer shall be made by the Director of National
Intelligence.
(2) Nominations of director of national intelligence.--In a
case described in paragraph (1) in which the officer nominated is
the Director of National Intelligence, the classification decision
shall be made by the Principal Deputy Director of National
Intelligence.
(c) Reports.--Whenever the Director or the Principal Deputy
Director makes a decision under subsection (b), the Director or the
Principal Deputy Director, as the case may be, shall submit to the
congressional intelligence committees a report detailing the reasons
for the decision.
SEC. 6311. JOINT INTELLIGENCE COMMUNITY COUNCIL.
(a) Meetings.--Section 101A(d) of the National Security Act of 1947
(50 U.S.C. 3022(d)) is amended--
(1) by striking ``regular''; and
(2) by inserting ``as the Director considers appropriate''
after ``Council''.
(b) Report on Function and Utility of the Joint Intelligence
Community Council.--
(1) In general.--No later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Executive Office of the President and members
of the Joint Intelligence Community Council, shall submit to the
congressional intelligence committees a report on the function and
utility of the Joint Intelligence Community Council.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) The number of physical or virtual meetings held by the
Council per year since the Council's inception.
(B) A description of the effect and accomplishments of the
Council.
(C) An explanation of the unique role of the Council
relative to other entities, including with respect to the
National Security Council and the Executive Committee of the
intelligence community.
(D) Recommendations for the future role and operation of
the Council.
(E) Such other matters relating to the function and utility
of the Council as the Director considers appropriate.
(3) Form.--The report submitted under paragraph (1) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 6312. INTELLIGENCE COMMUNITY INFORMATION TECHNOLOGY ENVIRONMENT.
(a) Definitions.--In this section:
(1) Core service.--The term ``core service'' means a capability
that is available to multiple elements of the intelligence
community and required for consistent operation of the intelligence
community information technology environment.
(2) Intelligence community information technology
environment.--The term ``intelligence community information
technology environment'' means all of the information technology
services across the intelligence community, including the data
sharing and protection environment across multiple classification
domains.
(b) Roles and Responsibilities.--
(1) Director of national intelligence.--The Director of
National Intelligence shall be responsible for coordinating the
performance by elements of the intelligence community of the
intelligence community information technology environment,
including each of the following:
(A) Ensuring compliance with all applicable environment
rules and regulations of such environment.
(B) Ensuring measurable performance goals exist for such
environment.
(C) Documenting standards and practices of such
environment.
(D) Acting as an arbiter among elements of the intelligence
community related to any disagreements arising out of the
implementation of such environment.
(E) Delegating responsibilities to the elements of the
intelligence community and carrying out such other
responsibilities as are necessary for the effective
implementation of such environment.
(2) Core service providers.--Providers of core services shall
be responsible for--
(A) providing core services, in coordination with the
Director of National Intelligence; and
(B) providing the Director with information requested and
required to fulfill the responsibilities of the Director under
paragraph (1).
(3) Use of core services.--
(A) In general.--Except as provided in subparagraph (B),
each element of the intelligence community shall use core
services when such services are available.
(B) Exception.--The Director of National Intelligence may
provide for a written exception to the requirement under
subparagraph (A) if the Director determines there is a
compelling financial or mission need for such exception.
(c) Management Accountability.--Not later than 90 days after the
date of the enactment of this Act, the Director of National
Intelligence shall designate and maintain one or more accountable
executives of the intelligence community information technology
environment to be responsible for--
(1) management, financial control, and integration of such
environment;
(2) overseeing the performance of each core service, including
establishing measurable service requirements and schedules;
(3) to the degree feasible, ensuring testing of each core
service of such environment, including testing by the intended
users, to evaluate performance against measurable service
requirements and to ensure the capability meets user requirements;
and
(4) coordinate transition or restructuring efforts of such
environment, including phaseout of legacy systems.
(d) Security Plan.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
develop and maintain a security plan for the intelligence community
information technology environment.
(e) Long-Term Roadmap.--Not later than 180 days after the date of
the enactment of this Act, and during each of the second and fourth
fiscal quarters thereafter, the Director of National Intelligence shall
submit to the congressional intelligence committees a long-term roadmap
that shall include each of the following:
(1) A description of the minimum required and desired core
service requirements, including--
(A) key performance parameters; and
(B) an assessment of current, measured performance.
(2) Implementation milestones for the intelligence community
information technology environment, including each of the
following:
(A) A schedule for expected deliveries of core service
capabilities during each of the following phases:
(i) Concept refinement and technology maturity
demonstration.
(ii) Development, integration, and demonstration.
(iii) Production, deployment, and sustainment.
(iv) System retirement.
(B) Dependencies of such core service capabilities.
(C) Plans for the transition or restructuring necessary to
incorporate core service capabilities.
(D) A description of any legacy systems and discontinued
capabilities to be phased out.
(3) Such other matters as the Director determines appropriate.
(f) Business Plan.--Not later than 180 days after the date of the
enactment of this Act, and during each of the second and fourth fiscal
quarters thereafter, the Director of National Intelligence shall submit
to the congressional intelligence committees a business plan that
includes each of the following:
(1) A systematic approach to identify core service funding
requests for the intelligence community information technology
environment within the proposed budget, including multiyear plans
to implement the long-term roadmap required by subsection (e).
(2) A uniform approach by which each element of the
intelligence community shall identify the cost of legacy
information technology or alternative capabilities where services
of the intelligence community information technology environment
will also be available.
(3) A uniform effort by which each element of the intelligence
community shall identify transition and restructuring costs for
new, existing, and retiring services of the intelligence community
information technology environment, as well as services of such
environment that have changed designations as a core service.
(g) Quarterly Presentations.--Beginning not later than 180 days
after the date of the enactment of this Act, the Director of National
Intelligence shall provide to the congressional intelligence committees
quarterly updates regarding ongoing implementation of the intelligence
community information technology environment as compared to the
requirements in the most recently submitted security plan required by
subsection (d), long-term roadmap required by subsection (e), and
business plan required by subsection (f).
(h) Additional Notifications.--The Director of National
Intelligence shall provide timely notification to the congressional
intelligence committees regarding any policy changes related to or
affecting the intelligence community information technology
environment, new initiatives or strategies related to or impacting such
environment, and changes or deficiencies in the execution of the
security plan required by subsection (d), long-term roadmap required by
subsection (e), and business plan required by subsection (f).
(i) Sunset.--The section shall have no effect on or after September
30, 2024.
SEC. 6313. REPORT ON DEVELOPMENT OF SECURE MOBILE VOICE SOLUTION FOR
INTELLIGENCE COMMUNITY.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Director of the Central Intelligence Agency and
the Director of the National Security Agency, shall submit to the
congressional intelligence committees a classified report on the
feasibility, desirability, cost, and required schedule associated with
the implementation of a secure mobile voice solution for the
intelligence community.
(b) Contents.--The report required by subsection (a) shall include,
at a minimum, the following:
(1) The benefits and disadvantages of a secure mobile voice
solution.
(2) Whether the intelligence community could leverage
commercially available technology for classified voice
communications that operates on commercial mobile networks in a
secure manner and identifying the accompanying security risks to
such networks.
(3) A description of any policies or community guidance that
would be necessary to govern the potential solution, such as a
process for determining the appropriate use of a secure mobile
telephone and any limitations associated with such use.
SEC. 6314. POLICY ON MINIMUM INSIDER THREAT STANDARDS.
(a) Policy Required.--Not later than 60 days after the date of the
enactment of this Act, the Director of National Intelligence shall
establish a policy for minimum insider threat standards that is
consistent with the National Insider Threat Policy and Minimum
Standards for Executive Branch Insider Threat Programs.
(b) Implementation.--Not later than 180 days after the date of the
enactment of this Act, the head of each element of the intelligence
community shall implement the policy established under subsection (a).
SEC. 6315. SUBMISSION OF INTELLIGENCE COMMUNITY POLICIES.
(a) Definitions.--In this section:
(1) Electronic repository.--The term ``electronic repository''
means the electronic distribution mechanism, in use as of the date
of the enactment of this Act, or any successor electronic
distribution mechanism, by which the Director of National
Intelligence submits to the congressional intelligence committees
information.
(2) Policy.--The term ``policy'', with respect to the
intelligence community, includes unclassified or classified--
(A) directives, policy guidance, and policy memoranda of
the intelligence community;
(B) executive correspondence of the Director of National
Intelligence; and
(C) any equivalent successor policy instruments.
(b) Submission of Policies.--
(1) Current policy.--Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees using the
electronic repository all nonpublicly available policies issued by
the Director of National Intelligence for the intelligence
community that are in effect as of the date of the submission.
(2) Continuous updates.--Not later than 15 days after the date
on which the Director of National Intelligence issues, modifies, or
rescinds a policy of the intelligence community, the Director
shall--
(A) notify the congressional intelligence committees of
such addition, modification, or removal; and
(B) update the electronic repository with respect to such
addition, modification, or removal.
SEC. 6316. EXPANSION OF INTELLIGENCE COMMUNITY RECRUITMENT EFFORTS.
In order to further increase the diversity of the intelligence
community workforce, not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with heads of elements of the Intelligence Community,
shall create, implement, and submit to the congressional intelligence
committees a written plan to ensure that rural and underrepresented
regions are more fully and consistently represented in such elements'
employment recruitment efforts. Upon receipt of the plan, the
congressional committees shall have 60 days to submit comments to the
Director of National Intelligence before such plan shall be
implemented.
TITLE LXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 6401. AUTHORITY FOR PROTECTION OF CURRENT AND FORMER EMPLOYEES OF
THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.
Section 5(a)(4) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3506(a)(4)) is amended by striking ``such personnel of the
Office of the Director of National Intelligence as the Director of
National Intelligence may designate;'' and inserting ``current and
former personnel of the Office of the Director of National Intelligence
and their immediate families as the Director of National Intelligence
may designate;''.
SEC. 6402. DESIGNATION OF THE PROGRAM MANAGER-INFORMATION-SHARING
ENVIRONMENT.
(a) Information-sharing Environment.--Section 1016(b) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
485(b)) is amended--
(1) in paragraph (1), by striking ``President'' and inserting
``Director of National Intelligence''; and
(2) in paragraph (2), by striking ``President'' both places
that term appears and inserting ``Director of National
Intelligence''.
(b) Program Manager.--Section 1016(f)(1) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C. 485(f)(1)) is amended by
striking ``The individual designated as the program manager shall serve
as program manager until removed from service or replaced by the
President (at the President's sole discretion).'' and inserting
``Beginning on the date of the enactment of the Damon Paul Nelson and
Matthew Young Pollard Intelligence Authorization Act for Fiscal Years
2018, 2019 and 2020, each individual designated as the program manager
shall be appointed by the Director of National Intelligence.''.
SEC. 6403. TECHNICAL MODIFICATION TO THE EXECUTIVE SCHEDULE.
Section 5315 of title 5, United States Code, is amended by adding
at the end the following:
``Director of the National Counterintelligence and Security
Center.''.
SEC. 6404. CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE COMMUNITY.
Section 103I(a) of the National Security Act of 1947 (50 U.S.C.
3034(a)) is amended by adding at the end the following new sentence:
``The Chief Financial Officer shall report directly to the Director of
National Intelligence.''.
SEC. 6405. CHIEF INFORMATION OFFICER OF THE INTELLIGENCE COMMUNITY.
Section 103G(a) of the National Security Act of 1947 (50 U.S.C.
3032(a)) is amended by adding at the end the following new sentence:
``The Chief Information Officer shall report directly to the Director
of National Intelligence.''.
Subtitle B--Central Intelligence Agency
SEC. 6411. CENTRAL INTELLIGENCE AGENCY SUBSISTENCE FOR PERSONNEL
ASSIGNED TO AUSTERE LOCATIONS.
Subsection (a) of section 5 of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 3506) is amended--
(1) in paragraph (1), by striking ``(50 U.S.C. 403-4a).,'' and
inserting ``(50 U.S.C. 403-4a),'';
(2) in paragraph (6), by striking ``and'' at the end;
(3) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(8) Upon the approval of the Director, provide, during any
fiscal year, with or without reimbursement, subsistence to any
personnel assigned to an overseas location designated by the Agency
as an austere location.''.
SEC. 6412. SPECIAL RULES FOR CERTAIN MONTHLY WORKERS' COMPENSATION
PAYMENTS AND OTHER PAYMENTS FOR CENTRAL INTELLIGENCE AGENCY PERSONNEL.
(a) In General.--The Central Intelligence Agency Act of 1949 (50
U.S.C. 3501 et seq.) is amended by inserting after section 19 the
following new section:
``SEC. 19A. SPECIAL RULES FOR CERTAIN INDIVIDUALS INJURED BY REASON
OF WAR, INSURGENCY, HOSTILE ACT, TERRORIST ACTIVITIES, OR
INCIDENTS DESIGNATED BY THE DIRECTOR.
``(a) Definitions.--In this section:
``(1) Covered dependent.--The term `covered dependent' means a
family member (as defined by the Director) of a covered employee
who, on or after September 11, 2001--
``(A) accompanies the covered employee to an assigned duty
station in a foreign country; and
``(B) becomes injured by reason of a qualifying injury.
``(2) Covered employee.--The term `covered employee' means an
officer or employee of the Central Intelligence Agency who, on or
after September 11, 2001, becomes injured by reason of a qualifying
injury.
``(3) Covered individual.--The term `covered individual' means
an individual who--
``(A)(i) is detailed to the Central Intelligence Agency
from other agencies of the United States Government or from the
Armed Forces; or
``(ii) is affiliated with the Central Intelligence Agency,
as determined by the Director; and
``(B) who, on or after September 11, 2001, becomes injured
by reason of a qualifying injury.
``(4) Qualifying injury.--The term `qualifying injury' means
the following:
``(A) With respect to a covered dependent, an injury
incurred--
``(i) during a period in which the covered dependent is
accompanying the covered employee to an assigned duty
station in a foreign country;
``(ii) in connection with war, insurgency, hostile act,
terrorist activity, or an incident designated for purposes
of this section by the Director; and
``(iii) that was not the result of the willful
misconduct of the covered dependent.
``(B) With respect to a covered employee or a covered
individual--
``(i) an injury incurred--
``(I) during a period of assignment to a duty
station in a foreign country;
``(II) in connection with war, insurgency, hostile
act, or terrorist activity; and
``(III) that was not the result of the willful
misconduct of the covered employee or the covered
individual; or
``(ii) an injury incurred--
``(I) in connection with an incident designated for
purposes of this section by the Director; and
``(II) that was not the result of the willful
misconduct of the covered employee or the covered
individual.
``(b) Adjustment of Compensation for Certain Injuries.--
``(1) Increase.--The Director may increase the amount of
monthly compensation paid to a covered employee under section 8105
of title 5, United States Code. Subject to paragraph (2), the
Director may determine the amount of each such increase by taking
into account--
``(A) the severity of the qualifying injury;
``(B) the circumstances by which the covered employee
became injured; and
``(C) the seniority of the covered employee.
``(2) Maximum.--Notwithstanding chapter 81 of title 5, United
States Code, the total amount of monthly compensation increased
under paragraph (1) may not exceed the monthly pay of the maximum
rate of basic pay for GS-15 of the General Schedule under section
5332 of such title.
``(c) Costs for Treating Qualifying Injuries.--The Director may pay
the costs of treating a qualifying injury of a covered employee, a
covered individual, or a covered dependent, or may reimburse a covered
employee, a covered individual, or a covered dependent for such costs,
that are not otherwise covered by chapter 81 of title 5, United States
Code, or other provision of Federal law.''.
(b) Regulations.--Not later than 120 days after the date of the
enactment of this Act, the Director of the Central Intelligence Agency
shall--
(1) prescribe regulations ensuring the fair and equitable
implementation of section 19A of the Central Intelligence Agency
Act of 1949, as added by subsection (a); and
(2) submit to the congressional intelligence committees such
regulations.
(c) Application.--Section 19A of the Central Intelligence Agency
Act of 1949, as added by subsection (a), shall apply with respect to--
(1) payments made to covered employees (as defined in such
section) under section 8105 of title 5, United States Code,
beginning on or after the date of the enactment of this Act; and
(2) treatment described in subsection (b) of such section 19A
occurring on or after the date of the enactment of this Act.
SEC. 6413. EXPANSION OF SECURITY PROTECTIVE SERVICE JURISDICTION OF THE
CENTRAL INTELLIGENCE AGENCY.
Subsection (a)(1) of section 15 of the Central Intelligence Agency
Act of 1949 (50 U.S.C. 3515(a)(1)) is amended--
(1) in subparagraph (B), by striking ``500 feet;'' and
inserting ``500 yards;''; and
(2) in subparagraph (D), by striking ``500 feet.'' and
inserting ``500 yards.''.
SEC. 6414. REPEAL OF FOREIGN LANGUAGE PROFICIENCY REQUIREMENT FOR
CERTAIN SENIOR LEVEL POSITIONS IN THE CENTRAL INTELLIGENCE AGENCY.
(a) Repeal of Foreign Language Proficiency Requirement.--Section
104A of the National Security Act of 1947 (50 U.S.C. 3036) is amended
by striking subsection (g).
(b) Conforming Repeal of Report Requirement.--Section 611 of the
Intelligence Authorization Act for Fiscal Year 2005 (Public Law 108-
487) is amended by striking subsection (c).
Subtitle C--Office of Intelligence and Counterintelligence of
Department of Energy
SEC. 6421. CONSOLIDATION OF DEPARTMENT OF ENERGY OFFICES OF
INTELLIGENCE AND COUNTERINTELLIGENCE.
(a) In General.--Section 215 of the Department of Energy
Organization Act (42 U.S.C. 7144b) is amended to read as follows:
``office of intelligence and counterintelligence
``Sec. 215. (a) Definitions.--In this section, the terms
`intelligence community' and `National Intelligence Program' have the
meanings given such terms in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
``(b) In General.--There is in the Department an Office of
Intelligence and Counterintelligence. Such office shall be under the
National Intelligence Program.
``(c) Director.--(1) The head of the Office shall be the Director
of the Office of Intelligence and Counterintelligence, who shall be an
employee in the Senior Executive Service, the Senior Intelligence
Service, the Senior National Intelligence Service, or any other Service
that the Secretary, in coordination with the Director of National
Intelligence, considers appropriate. The Director of the Office shall
report directly to the Secretary.
``(2) The Secretary shall select an individual to serve as the
Director from among individuals who have substantial expertise in
matters relating to the intelligence community, including foreign
intelligence and counterintelligence.
``(d) Duties.--(1) Subject to the authority, direction, and control
of the Secretary, the Director shall perform such duties and exercise
such powers as the Secretary may prescribe.
``(2) The Director shall be responsible for establishing policy for
intelligence and counterintelligence programs and activities at the
Department.''.
(b) Conforming Repeal.--Section 216 of the Department of Energy
Organization Act (42 U.S.C. 7144c) is hereby repealed.
(c) Clerical Amendment.--The table of contents at the beginning of
the Department of Energy Organization Act is amended by striking the
items relating to sections 215 and 216 and inserting the following new
item:
``Sec. 215. Office of Intelligence and Counterintelligence.''.
SEC. 6422. REPEAL OF DEPARTMENT OF ENERGY INTELLIGENCE EXECUTIVE
COMMITTEE AND BUDGET REPORTING REQUIREMENT.
Section 214 of the Department of Energy Organization Act (42 U.S.C.
7144a) is amended--
(1) by striking ``(a)''; and
(2) by striking subsections (b) and (c).
Subtitle D--Other Elements
SEC. 6431. PLAN FOR DESIGNATION OF COUNTERINTELLIGENCE COMPONENT OF
DEFENSE SECURITY SERVICE AS AN ELEMENT OF INTELLIGENCE COMMUNITY.
Not later than 90 days after the date of the enactment of this Act,
the Director of National Intelligence and Under Secretary of Defense
for Intelligence, in coordination with the Director of the National
Counterintelligence and Security Center, shall submit to the
congressional intelligence committees, the Committee on Armed Services
of the Senate, and the Committee on Armed Services of the House of
Representatives a plan to designate the counterintelligence component
of the Defense Security Service of the Department of Defense as an
element of the intelligence community by not later than January 1,
2021. Such plan shall--
(1) address the implications of such designation on the
authorities, governance, personnel, resources, information
technology, collection, analytic products, information sharing, and
business processes of the Defense Security Service and the
intelligence community; and
(2) not address the personnel security functions of the Defense
Security Service.
SEC. 6432. NOTICE NOT REQUIRED FOR PRIVATE ENTITIES.
Section 3553 of title 44, United States Code, is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following:
``(j) Rule of Construction.--Nothing in this section shall be
construed to require the Secretary to provide notice to any private
entity before the Secretary issues a binding operational directive
under subsection (b)(2).''.
SEC. 6433. ESTABLISHMENT OF ADVISORY BOARD FOR NATIONAL RECONNAISSANCE
OFFICE.
(a) Establishment.--Section 106A of the National Security Act of
1947 (50 U.S.C. 3041a) is amended by adding at the end the following
new subsection:
``(d) Advisory Board.--
``(1) Establishment.--There is established in the National
Reconnaissance Office an advisory board (in this section referred
to as the `Board').
``(2) Duties.--The Board shall--
``(A) study matters relating to the mission of the National
Reconnaissance Office, including with respect to promoting
innovation, competition, and resilience in space, overhead
reconnaissance, acquisition, and other matters; and
``(B) advise and report directly to the Director with
respect to such matters.
``(3) Members.--
``(A) Number and appointment.--
``(i) In general.--The Board shall be composed of five
members appointed by the Director from among individuals
with demonstrated academic, government, business, or other
expertise relevant to the mission and functions of the
National Reconnaissance Office.
``(ii) Notification.--Not later than 30 days after the
date on which the Director appoints a member to the Board,
the Director shall notify the congressional intelligence
committees and the congressional defense committees (as
defined in section 101(a) of title 10, United States Code)
of such appointment.
``(B) Terms.--Each member shall be appointed for a term of
2 years. Except as provided by subparagraph (C), a member may
not serve more than three terms.
``(C) Vacancy.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only for
the remainder of that term. A member may serve after the
expiration of that member's term until a successor has taken
office.
``(D) Chair.--The Board shall have a Chair, who shall be
appointed by the Director from among the members.
``(E) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
``(F) Executive secretary.--The Director may appoint an
executive secretary, who shall be an employee of the National
Reconnaissance Office, to support the Board.
``(4) Meetings.--The Board shall meet not less than quarterly,
but may meet more frequently at the call of the Director.
``(5) Reports.--Not later than March 31 of each year, the Board
shall submit to the Director and to the congressional intelligence
committees a report on the activities and significant findings of
the Board during the preceding year.
``(6) Nonapplicability of certain requirements.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Board.
``(7) Termination.--The Board shall terminate on the date that
is 3 years after the date of the first meeting of the Board.''.
(b) Initial Appointments.--Not later than 180 days after the date
of the enactment of this Act, the Director of the National
Reconnaissance Office shall appoint the initial five members to the
advisory board under subsection (d) of section 106A of the National
Security Act of 1947 (50 U.S.C. 3041a), as added by subsection (a).
SEC. 6434. COLLOCATION OF CERTAIN DEPARTMENT OF HOMELAND SECURITY
PERSONNEL AT FIELD LOCATIONS.
(a) Identification of Opportunities for Collocation.--Not later
than 60 days after the date of the enactment of this Act, the Under
Secretary of Homeland Security for Intelligence and Analysis shall
identify, in consultation with the Commissioner of U.S. Customs and
Border Protection, the Administrator of the Transportation Security
Administration, the Director of U.S. Immigration and Customs
Enforcement, and the heads of such other elements of the Department of
Homeland Security as the Under Secretary considers appropriate,
opportunities for collocation of officers of the Office of Intelligence
and Analysis in the field outside of the greater Washington, District
of Columbia, area in order to support operational units from U.S.
Customs and Border Protection, the Transportation Security
Administration, U.S. Immigration and Customs Enforcement, and other
elements of the Department of Homeland Security.
(b) Plan for Collocation.--Not later than 120 days after the date
of the enactment of this Act, the Under Secretary shall submit to the
congressional intelligence committees a report that includes a plan for
collocation as described in subsection (a).
TITLE LXV--ELECTION MATTERS
SEC. 6501. REPORT ON CYBER ATTACKS BY FOREIGN GOVERNMENTS AGAINST
UNITED STATES ELECTION INFRASTRUCTURE.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(C) the Committee on Homeland Security of the House of
Representatives;
(D) the Committee on Foreign Relations of the Senate; and
(E) the Committee on Foreign Affairs of the House of
Representatives.
(2) Congressional leadership.--The term ``congressional
leadership'' includes the following:
(A) The majority leader of the Senate.
(B) The minority leader of the Senate.
(C) The Speaker of the House of Representatives.
(D) The minority leader of the House of Representatives.
(3) State.--The term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto Rico,
and any territory or possession of the United States.
(b) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Under Secretary of Homeland Security for
Intelligence and Analysis shall submit to congressional leadership and
the appropriate congressional committees a report on cyber attacks and
attempted cyber attacks by foreign governments on United States
election infrastructure in States and localities in connection with the
2016 Presidential election in the United States and such cyber attacks
or attempted cyber attacks as the Under Secretary anticipates against
such infrastructure. Such report shall identify the States and
localities affected and shall include cyber attacks and attempted cyber
attacks against voter registration databases, voting machines, voting-
related computer networks, and the networks of Secretaries of State and
other election officials of the various States.
(c) Form.--The report submitted under subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 6502. REVIEW OF INTELLIGENCE COMMUNITY'S POSTURE TO COLLECT
AGAINST AND ANALYZE RUSSIAN EFFORTS TO INFLUENCE THE PRESIDENTIAL
ELECTION.
(a) Review Required.--Not later than 1 year after the date of the
enactment of this Act, the Director of National Intelligence shall--
(1) complete an after action review of the posture of the
intelligence community to collect against and analyze efforts of
the Government of Russia to interfere in the 2016 Presidential
election in the United States; and
(2) submit to the congressional intelligence committees a
report on the findings of the Director with respect to such review.
(b) Elements.--The review required by subsection (a) shall include,
with respect to the posture and efforts described in paragraph (1) of
such subsection, the following:
(1) An assessment of whether the resources of the intelligence
community were properly aligned to detect and respond to the
efforts described in subsection (a)(1).
(2) An assessment of the information sharing that occurred
within elements of the intelligence community.
(3) An assessment of the information sharing that occurred
between elements of the intelligence community.
(4) An assessment of applicable authorities necessary to
collect on any such efforts and any deficiencies in those
authorities.
(5) A review of the use of open source material to inform
analysis and warning of such efforts.
(6) A review of the use of alternative and predictive analysis.
(c) Form of Report.--The report required by subsection (a)(2) shall
be submitted to the congressional intelligence committees in a
classified form.
SEC. 6503. ASSESSMENT OF FOREIGN INTELLIGENCE THREATS TO FEDERAL
ELECTIONS.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(C) the Committee on Homeland Security of the House of
Representatives.
(2) Congressional leadership.--The term ``congressional
leadership'' includes the following:
(A) The majority leader of the Senate.
(B) The minority leader of the Senate.
(C) The Speaker of the House of Representatives.
(D) The minority leader of the House of Representatives.
(3) Security vulnerability.--The term ``security
vulnerability'' has the meaning given such term in section 102 of
the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501).
(b) In General.--The Director of National Intelligence, in
coordination with the Director of the Central Intelligence Agency, the
Director of the National Security Agency, the Director of the Federal
Bureau of Investigation, the Secretary of Homeland Security, and the
heads of other relevant elements of the intelligence community, shall--
(1) commence not later than 1 year before any regularly
scheduled Federal election occurring after December 31, 2018, and
complete not later than 180 days before such election, an
assessment of security vulnerabilities of State election systems;
and
(2) not later than 180 days before any regularly scheduled
Federal election occurring after December 31, 2018, submit a report
on such security vulnerabilities and an assessment of foreign
intelligence threats to the election to--
(A) congressional leadership; and
(B) the appropriate congressional committees.
(c) Update.--Not later than 90 days before any regularly scheduled
Federal election occurring after December 31, 2018, the Director of
National Intelligence shall--
(1) update the assessment of foreign intelligence threats to
that election; and
(2) submit the updated assessment to--
(A) congressional leadership; and
(B) the appropriate congressional committees.
SEC. 6504. STRATEGY FOR COUNTERING RUSSIAN CYBER THREATS TO UNITED
STATES ELECTIONS.
(a) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional intelligence committees.
(2) The Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate.
(3) The Committee on Armed Services and the Committee on
Homeland Security of the House of Representatives.
(4) The Committee on Foreign Relations of the Senate.
(5) The Committee on Foreign Affairs of the House of
Representatives.
(b) Requirement for a Strategy.--Not later than 90 days after the
date of the enactment of this Act, the Director of National
Intelligence, in coordination with the Secretary of Homeland Security,
the Director of the Federal Bureau of Investigation, the Director of
the Central Intelligence Agency, the Secretary of State, the Secretary
of Defense, and the Secretary of the Treasury, shall develop a whole-
of-government strategy for countering the threat of Russian cyber
attacks and attempted cyber attacks against electoral systems and
processes in the United States, including Federal, State, and local
election systems, voter registration databases, voting tabulation
equipment, and equipment and processes for the secure transmission of
election results.
(c) Elements of the Strategy.--The strategy required by subsection
(b) shall include the following elements:
(1) A whole-of-government approach to protecting United States
electoral systems and processes that includes the agencies and
departments indicated in subsection (b) as well as any other
agencies and departments of the United States, as determined
appropriate by the Director of National Intelligence and the
Secretary of Homeland Security.
(2) Input solicited from Secretaries of State of the various
States and the chief election officials of the States.
(3) Technical security measures, including auditable paper
trails for voting machines, securing wireless and internet
connections, and other technical safeguards.
(4) Detection of cyber threats, including attacks and attempted
attacks by Russian government or nongovernment cyber threat actors.
(5) Improvements in the identification and attribution of
Russian government or nongovernment cyber threat actors.
(6) Deterrence, including actions and measures that could or
should be undertaken against or communicated to the Government of
Russia or other entities to deter attacks against, or interference
with, United States election systems and processes.
(7) Improvements in Federal Government communications with
State and local election officials.
(8) Public education and communication efforts.
(9) Benchmarks and milestones to enable the measurement of
concrete steps taken and progress made in the implementation of the
strategy.
(d) Congressional Briefing.--Not later than 90 days after the date
of the enactment of this Act, the Director of National Intelligence and
the Secretary of Homeland Security shall jointly brief the appropriate
congressional committees on the strategy developed under subsection
(b).
SEC. 6505. ASSESSMENT OF SIGNIFICANT RUSSIAN INFLUENCE CAMPAIGNS
DIRECTED AT FOREIGN ELECTIONS AND REFERENDA.
(a) Russian Influence Campaign Defined.--In this section, the term
``Russian influence campaign'' means any effort, covert or overt, and
by any means, attributable to the Russian Federation directed at an
election, referendum, or similar process in a country other than the
Russian Federation or the United States.
(b) Assessment Required.--Not later than 60 days after the date of
the enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees, the Committee on
Foreign Affairs of the House of Representatives, and the Committee on
Foreign Relations of the Senate a report containing an analytical
assessment of the most significant Russian influence campaigns, if any,
conducted during the 3-year period preceding the date of the enactment
of this Act, as well as the most significant current or planned such
Russian influence campaigns, if any. Such assessment shall include--
(1) a summary of such significant Russian influence campaigns,
including, at a minimum, the specific means by which such campaigns
were conducted, are being conducted, or likely will be conducted,
as appropriate, and the specific goal of each such campaign;
(2) a summary of any defenses against or responses to such
Russian influence campaigns by the foreign state holding the
elections or referenda;
(3) a summary of any relevant activities by elements of the
intelligence community undertaken for the purpose of assisting the
government of such foreign state in defending against or responding
to such Russian influence campaigns; and
(4) an assessment of the effectiveness of such defenses and
responses described in paragraphs (2) and (3).
(c) Form.--The report required by subsection (b) may be submitted
in classified form, but if so submitted, shall contain an unclassified
summary.
SEC. 6506. INFORMATION SHARING WITH STATE ELECTION OFFICIALS.
(a) State Defined.--In this section, the term ``State'' means any
State of the United States, the District of Columbia, the Commonwealth
of Puerto Rico, and any territory or possession of the United States.
(b) Security Clearances.--
(1) In general.--Not later than 30 days after the date of the
enactment of this Act, the Director of National Intelligence shall
support the Under Secretary of Homeland Security for Intelligence
and Analysis, and any other official of the Department of Homeland
Security designated by the Secretary of Homeland Security, in
sponsoring a security clearance up to the top secret level for each
eligible chief election official of a State or the District of
Columbia, and additional eligible designees of such election
official as appropriate, at the time that such election official
assumes such position.
(2) Interim clearances.--Consistent with applicable policies
and directives, the Director of National Intelligence may issue
interim clearances, for a period to be determined by the Director,
to a chief election official as described in paragraph (1) and up
to one designee of such official under such paragraph.
(c) Information Sharing.--
(1) In general.--The Director of National Intelligence shall
assist the Under Secretary of Homeland Security for Intelligence
and Analysis and the Under Secretary responsible for overseeing
critical infrastructure protection, cybersecurity, and other
related programs of the Department (as specified in section
103(a)(1)(H) of the Homeland Security Act of 2002 (6 U.S.C.
113(a)(1)(H))) with sharing any appropriate classified information
related to threats to election systems and to the integrity of the
election process with chief election officials and such designees
who have received a security clearance under subsection (b).
(2) Coordination.--The Under Secretary of Homeland Security for
Intelligence and Analysis shall coordinate with the Director of
National Intelligence and the Under Secretary responsible for
overseeing critical infrastructure protection, cybersecurity, and
other related programs of the Department (as specified in section
103(a)(1)(H) of the Homeland Security Act of 2002 (6 U.S.C.
113(a)(1)(H))) to facilitate the sharing of information to the
affected Secretaries of State or States.
SEC. 6507. NOTIFICATION OF SIGNIFICANT FOREIGN CYBER INTRUSIONS AND
ACTIVE MEASURES CAMPAIGNS DIRECTED AT ELECTIONS FOR FEDERAL OFFICES.
(a) Definitions.--In this section:
(1) Active measures campaign.--The term ``active measures
campaign'' means a foreign semi-covert or covert intelligence
operation.
(2) Candidate, election, and political party.--The terms
``candidate'', ``election'', and ``political party'' have the
meanings given those terms in section 301 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30101).
(3) Congressional leadership.--The term ``congressional
leadership'' includes the following:
(A) The majority leader of the Senate.
(B) The minority leader of the Senate.
(C) The Speaker of the House of Representatives.
(D) The minority leader of the House of Representatives.
(4) Cyber intrusion.--The term ``cyber intrusion'' means an
electronic occurrence that actually or imminently jeopardizes,
without lawful authority, electronic election infrastructure, or
the integrity, confidentiality, or availability of information
within such infrastructure.
(5) Electronic election infrastructure.--The term ``electronic
election infrastructure'' means an electronic information system of
any of the following that is related to an election for Federal
office:
(A) The Federal Government.
(B) A State or local government.
(C) A political party.
(D) The election campaign of a candidate.
(6) Federal office.--The term ``Federal office'' has the
meaning given that term in section 301 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30101).
(7) High confidence.--The term ``high confidence'', with
respect to a determination, means that the determination is based
on high-quality information from multiple sources.
(8) Moderate confidence.--The term ``moderate confidence'',
with respect to a determination, means that a determination is
credibly sourced and plausible but not of sufficient quality or
corroborated sufficiently to warrant a higher level of confidence.
(9) Other appropriate congressional committees.--The term
``other appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Relations, the Committee on Homeland Security and
Governmental Affairs, and the Committee on Appropriations of
the Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, the Committee on Homeland Security, and the
Committee on Appropriations of the House of Representatives.
(b) Determinations of Significant Foreign Cyber Intrusions and
Active Measures Campaigns.--The Director of National Intelligence, the
Director of the Federal Bureau of Investigation, and the Secretary of
Homeland Security shall jointly carry out subsection (c) if such
Directors and the Secretary jointly determine--
(1) that on or after the date of the enactment of this Act, a
significant foreign cyber intrusion or active measures campaign
intended to influence an upcoming election for any Federal office
has occurred or is occurring; and
(2) with moderate or high confidence, that such intrusion or
campaign can be attributed to a foreign state or to a foreign
nonstate person, group, or other entity.
(c) Briefing.--
(1) In general.--Not later than 14 days after making a
determination under subsection (b), the Director of National
Intelligence, the Director of the Federal Bureau of Investigation,
and the Secretary of Homeland Security shall jointly provide a
briefing to the congressional leadership, the congressional
intelligence committees and, consistent with the protection of
sources and methods, the other appropriate congressional
committees. The briefing shall be classified and address, at a
minimum, the following:
(A) A description of the significant foreign cyber
intrusion or active measures campaign, as the case may be,
covered by the determination.
(B) An identification of the foreign state or foreign
nonstate person, group, or other entity, to which such
intrusion or campaign has been attributed.
(C) The desirability and feasibility of the public release
of information about the cyber intrusion or active measures
campaign.
(D) Any other information such Directors and the Secretary
jointly determine appropriate.
(2) Electronic election infrastructure briefings.--With respect
to a significant foreign cyber intrusion covered by a determination
under subsection (b), the Secretary of Homeland Security, in
consultation with the Director of National Intelligence and the
Director of the Federal Bureau of Investigation, shall offer to the
owner or operator of any electronic election infrastructure
directly affected by such intrusion, a briefing on such intrusion,
including steps that may be taken to mitigate such intrusion. Such
briefing may be classified and made available only to individuals
with appropriate security clearances.
(3) Protection of sources and methods.--This subsection shall
be carried out in a manner that is consistent with the protection
of sources and methods.
SEC. 6508. DESIGNATION OF COUNTERINTELLIGENCE OFFICER TO LEAD ELECTION
SECURITY MATTERS.
(a) In General.--The Director of National Intelligence shall
designate a national counterintelligence officer within the National
Counterintelligence and Security Center to lead, manage, and coordinate
counterintelligence matters relating to election security.
(b) Additional Responsibilities.--The person designated under
subsection (a) shall also lead, manage, and coordinate
counterintelligence matters relating to risks posed by interference
from foreign powers (as defined in section 101 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801)) to the
following:
(1) The Federal Government election security supply chain.
(2) Election voting systems and software.
(3) Voter registration databases.
(4) Critical infrastructure related to elections.
(5) Such other Government goods and services as the Director of
National Intelligence considers appropriate.
TITLE LXVI--SECURITY CLEARANCES
SEC. 6601. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(E) the Committee on Armed Services of the House of
Representatives;
(F) the Committee on Appropriations of the House of
Representatives;
(G) the Committee on Homeland Security of the House of
Representatives; and
(H) the Committee on Oversight and Reform of the House of
Representatives.
(2) Appropriate industry partner.--The term ``appropriate
industry partner'' means a contractor, licensee, or grantee (as
defined in section 101(a) of Executive Order No. 12829 (50 U.S.C.
3161 note; relating to National Industrial Security Program)) that
is participating in the National Industrial Security Program
established by such Executive order.
(3) Continuous vetting.--The term ``continuous vetting'' has
the meaning given such term in Executive Order No. 13467 (50 U.S.C.
3161 note; relating to reforming processes for determining
suitability for government employment, fitness for contractor
employees, and eligibility for access to classified national
security information).
(4) Council.--The term ``Council'' means the Security,
Suitability, and Credentialing Performance Accountability Council
established pursuant to such Executive order, or any successor
entity.
(5) Reciprocity.--The term ``reciprocity'' means reciprocal
recognition by Federal departments and agencies of eligibility for
access to classified information.
(6) Security executive agent.--The term ``Security Executive
Agent'' means the officer serving as the Security Executive Agent
pursuant to section 803 of the National Security Act of 1947, as
added by section 6605.
(7) Suitability and credentialing executive agent.--The term
``Suitability and Credentialing Executive Agent'' means the
Director of the Office of Personnel Management acting as the
Suitability and Credentialing Executive Agent in accordance with
Executive Order No. 13467 (50 U.S.C. 3161 note; relating to
reforming processes related to suitability for Government
employment, fitness for contractor employees, and eligibility for
access to classified national security information), or any
successor entity.
SEC. 6602. REPORTS AND PLANS RELATING TO SECURITY CLEARANCES AND
BACKGROUND INVESTIGATIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) ensuring the trustworthiness and security of the workforce,
facilities, and information of the Federal Government is of the
highest priority to national security and public safety;
(2) the President and Congress should prioritize the
modernization of the personnel security framework to improve its
efficiency, effectiveness, and accountability;
(3) the current system for background investigations for
security clearances, suitability and fitness for employment, and
credentialing lacks efficiencies and capabilities to meet the
current threat environment, recruit and retain a trusted workforce,
and capitalize on modern technologies; and
(4) changes to policies or processes to improve this system
should be vetted through the Council to ensure standardization,
portability, and reciprocity in security clearances across the
Federal Government.
(b) Accountability Plans and Reports.--
(1) Plans.--Not later than 90 days after the date of the
enactment of this Act, the Council shall submit to the appropriate
congressional committees and make available to appropriate industry
partners the following:
(A) A plan, with milestones, to reduce the background
investigation inventory to 200,000, or an otherwise sustainable
steady-level, by the end of year 2020. Such plan shall include
notes of any required changes in investigative and adjudicative
standards or resources.
(B) A plan to consolidate the conduct of background
investigations associated with the processing for security
clearances in the most effective and efficient manner in the
Defense Counterintelligence and Security Agency. Such plan
shall address required funding, personnel, contracts,
information technology, field office structure, policy,
governance, schedule, transition costs, and effects on
stakeholders.
(2) Report on the future of personnel security.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Chairman of the Council, in
coordination with the members of the Council, shall submit to
the appropriate congressional committees and make available to
appropriate industry partners a report on the future of
personnel security to reflect changes in threats, the
workforce, and technology.
(B) Contents.--The report submitted under subparagraph (A)
shall include the following:
(i) A risk framework for granting and renewing access
to classified information.
(ii) A discussion of the use of technologies to
prevent, detect, and monitor threats.
(iii) A discussion of efforts to address reciprocity
and portability.
(iv) A discussion of the characteristics of effective
insider threat programs.
(v) An analysis of how to integrate data from
continuous vetting, insider threat programs, and human
resources data.
(vi) Recommendations on interagency governance.
(3) Plan for implementation.--Not later than 180 days after the
date of the enactment of this Act, the Chairman of the Council, in
coordination with the members of the Council, shall submit to the
appropriate congressional committees and make available to
appropriate industry partners a plan to implement the report's
framework and recommendations submitted under paragraph (2)(A).
(4) Congressional notifications.--Not less frequently than
quarterly, the Security Executive Agent shall make available to the
public a report regarding the status of the disposition of requests
received from departments and agencies of the Federal Government
for a change to, or approval under, the Federal investigative
standards, the national adjudicative guidelines, continuous
vetting, or other national policy regarding personnel security.
SEC. 6603. IMPROVING THE PROCESS FOR SECURITY CLEARANCES.
(a) Reviews.--Not later than 180 days after the date of the
enactment of this Act, the Security Executive Agent, in coordination
with the members of the Council, shall submit to the appropriate
congressional committees and make available to appropriate industry
partners a report that includes the following:
(1) A review of whether the information requested on the
Questionnaire for National Security Positions (Standard Form 86)
and by the Federal Investigative Standards prescribed by the
Suitability and Credentialing Executive Agent and the Security
Executive Agent appropriately supports the adjudicative guidelines
under Security Executive Agent Directive 4 (known as the ``National
Security Adjudicative Guidelines''). Such review shall include
identification of whether any such information currently collected
is unnecessary to support the adjudicative guidelines.
(2) An assessment of whether such Questionnaire, Standards, and
guidelines should be revised to account for the prospect of a
holder of a security clearance becoming an insider threat.
(3) Recommendations to improve the background investigation
process by--
(A) simplifying the Questionnaire for National Security
Positions (Standard Form 86) and increasing customer support to
applicants completing such Questionnaire;
(B) using remote techniques and centralized locations to
support or replace field investigation work;
(C) using secure and reliable digitization of information
obtained during the clearance process;
(D) building the capacity of the background investigation
workforce; and
(E) replacing periodic reinvestigations with continuous
vetting techniques in all appropriate circumstances.
(b) Policy, Strategy, and Implementation.--Not later than 180 days
after the date of the enactment of this Act, the Security Executive
Agent shall, in coordination with the members of the Council, establish
the following:
(1) A policy and implementation plan for the issuance of
interim security clearances.
(2) A policy and implementation plan to ensure contractors are
treated consistently in the security clearance process across
agencies and departments of the United States as compared to
employees of such agencies and departments. Such policy shall
address--
(A) prioritization of processing security clearances based
on the mission the contractors will be performing;
(B) standardization in the forms that agencies issue to
initiate the process for a security clearance;
(C) digitization of background investigation-related forms;
(D) use of the polygraph;
(E) the application of the adjudicative guidelines under
Security Executive Agent Directive 4 (known as the ``National
Security Adjudicative Guidelines'');
(F) reciprocal recognition of clearances across agencies
and departments of the United States, regardless of status of
periodic reinvestigation;
(G) tracking of clearance files as individuals move from
employment with an agency or department of the United States to
employment in the private sector;
(H) collection of timelines for movement of contractors
across agencies and departments;
(I) reporting on security incidents and job performance,
consistent with section 552a of title 5, United States Code
(commonly known as the ``Privacy Act of 1974''), that may
affect the ability to hold a security clearance;
(J) any recommended changes to the Federal Acquisition
Regulations (FAR) necessary to ensure that information
affecting contractor clearances or suitability is appropriately
and expeditiously shared between and among agencies and
contractors; and
(K) portability of contractor security clearances between
or among contracts at the same agency and between or among
contracts at different agencies that require the same level of
clearance.
(3) A strategy and implementation plan that--
(A) provides for periodic reinvestigations as part of a
security clearance determination only on an as-needed, risk-
based basis;
(B) includes actions to assess the extent to which
automated records checks and other continuous vetting methods
may be used to expedite or focus reinvestigations; and
(C) provides an exception to the requirement under
subparagraph (A) for certain populations if the Security
Executive Agent--
(i) determines such populations require
reinvestigations at regular intervals; and
(ii) provides written justification to the appropriate
congressional committees for any such determination.
(4) A policy and implementation plan for agencies and
departments of the United States, as a part of the security
clearance process, to accept automated records checks generated
pursuant to a security clearance applicant's employment with a
prior employer.
(5) A policy for the use of certain background information on
individuals collected by the private sector for background
investigation purposes.
(6) Uniform standards for agency continuous vetting programs to
ensure quality and reciprocity in accepting enrollment in a
continuous vetting program as a substitute for a periodic
investigation for continued access to classified information.
SEC. 6604. GOALS FOR PROMPTNESS OF DETERMINATIONS REGARDING SECURITY
CLEARANCES.
(a) In General.--The Council shall reform the security clearance
process with the objective that, by December 31, 2021, 90 percent of
all determinations, other than determinations regarding populations
identified under section 6603(b)(3)(C), regarding--
(1) security clearances--
(A) at the secret level are issued in 30 days or fewer; and
(B) at the top secret level are issued in 90 days or fewer;
and
(2) reciprocity of security clearances at the same level are
recognized in 2 weeks or fewer.
(b) Certain Reinvestigations.--The Council shall reform the
security clearance process with the goal that by December 31, 2021,
reinvestigation on a set periodicity is not required for more than 10
percent of the population that holds a security clearance.
(c) Equivalent Metrics.--
(1) In general.--If the Council develops a set of performance
metrics that it certifies to the appropriate congressional
committees should achieve substantially equivalent outcomes as
those outlined in subsections (b) and (c), the Council may use
those metrics for purposes of compliance within this provision.
(2) Notice.--If the Council uses the authority provided by
paragraph (1) to use metrics as described in such paragraph, the
Council shall, not later than 30 days after communicating such
metrics to departments and agencies, notify the appropriate
congressional committees that it is using such authority.
(d) Plan.--Not later than 180 days after the date of the enactment
of this Act, the Council shall submit to the appropriate congressional
committees and make available to appropriate industry partners a plan
to carry out this section. Such plan shall include recommended interim
milestones for the goals set forth in subsections (b) and (c) for 2019,
2020, and 2021.
SEC. 6605. SECURITY EXECUTIVE AGENT.
(a) In General.--Title VIII of the National Security Act of 1947
(50 U.S.C. 3161 et seq.) is amended--
(1) by redesignating sections 803 and 804 as sections 804 and
805, respectively; and
(2) by inserting after section 802 the following:
``SEC. 803. SECURITY EXECUTIVE AGENT.
``(a) In General.--The Director of National Intelligence, or such
other officer of the United States as the President may designate,
shall serve as the Security Executive Agent for all departments and
agencies of the United States.
``(b) Duties.--The duties of the Security Executive Agent are as
follows:
``(1) To direct the oversight of investigations,
reinvestigations, adjudications, and, as applicable, polygraphs for
eligibility for access to classified information or eligibility to
hold a sensitive position made by any Federal agency.
``(2) To review the national security background investigation
and adjudication programs of Federal agencies to determine whether
such programs are being implemented in accordance with this
section.
``(3) To develop and issue uniform and consistent policies and
procedures to ensure the effective, efficient, timely, and secure
completion of investigations, polygraphs, and adjudications
relating to determinations of eligibility for access to classified
information or eligibility to hold a sensitive position.
``(4) Unless otherwise designated by law, to serve as the final
authority to designate a Federal agency or agencies to conduct
investigations of persons who are proposed for access to classified
information or for eligibility to hold a sensitive position to
ascertain whether such persons satisfy the criteria for obtaining
and retaining access to classified information or eligibility to
hold a sensitive position, as applicable.
``(5) Unless otherwise designated by law, to serve as the final
authority to designate a Federal agency or agencies to determine
eligibility for access to classified information or eligibility to
hold a sensitive position in accordance with Executive Order No.
12968 (50 U.S.C. 3161 note; relating to access to classified
information).
``(6) To review and approve the policies of the Federal
agencies that ensure reciprocal recognition of eligibility for
access to classified information or eligibility to hold a sensitive
position among Federal agencies, and to act as the final authority
to arbitrate and resolve disputes among such agencies involving the
reciprocity of investigations and adjudications of eligibility.
``(7) To execute all other duties assigned to the Security
Executive Agent by law.
``(c) Authorities.--The Security Executive Agent shall--
``(1) issue guidelines and instructions to the heads of Federal
agencies to ensure appropriate uniformity, centralization,
efficiency, effectiveness, timeliness, and security in processes
relating to determinations by such agencies of eligibility for
access to classified information or eligibility to hold a sensitive
position, including such matters as investigations, polygraphs,
adjudications, and reciprocity;
``(2) have the authority to grant exceptions to, or waivers of,
national security investigative requirements, including issuing
implementing or clarifying guidance, as necessary;
``(3) have the authority to assign, in whole or in part, to the
head of any Federal agency (solely or jointly) any of the duties of
the Security Executive Agent described in subsection (b) or the
authorities described in paragraphs (1) and (2), provided that the
exercise of such assigned duties or authorities is subject to the
oversight of the Security Executive Agent, including such terms and
conditions (including approval by the Security Executive Agent) as
the Security Executive Agent determines appropriate; and
``(4) define and set standards for continuous vetting for
continued access to classified information and for eligibility to
hold a sensitive position.''.
(b) Report on Recommendations for Revising Authorities.--Not later
than 30 days after the date on which the Chairman of the Council
submits to the appropriate congressional committees the report required
by section 6602(b)(2)(A), the Chairman shall submit to the appropriate
congressional committees such recommendations as the Chairman may have
for revising the authorities of the Security Executive Agent.
(c) Conforming Amendment.--Section 103H(j)(4)(A) of such Act (50
U.S.C. 3033(j)(4)(A)) is amended by striking ``in section 804'' and
inserting ``in section 805''.
(d) Clerical Amendment.--The table of contents in the matter
preceding section 2 of such Act (50 U.S.C. 3002) is amended by striking
the items relating to sections 803 and 804 and inserting the following:
``Sec. 803. Security Executive Agent.
``Sec. 804. Exceptions.
``Sec. 805. Definitions.''.
SEC. 6606. REPORT ON UNIFIED, SIMPLIFIED, GOVERNMENTWIDE STANDARDS FOR
POSITIONS OF TRUST AND SECURITY CLEARANCES.
Not later than 90 days after the date of the enactment of this Act,
the Security Executive Agent and the Suitability and Credentialing
Executive Agent, in coordination with the other members of the Council,
shall jointly submit to the appropriate congressional committees and
make available to appropriate industry partners a report regarding the
advisability and the risks, benefits, and costs to the Government and
to industry of consolidating to not more than three tiers for positions
of trust and security clearances.
SEC. 6607. REPORT ON CLEARANCE IN PERSON CONCEPT.
(a) Sense of Congress.--It is the sense of Congress that to reflect
the greater mobility of the modern workforce, alternative methodologies
merit analysis to allow greater flexibility for individuals moving in
and out of positions that require access to classified information,
while still preserving security.
(b) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Security Executive Agent shall submit to the
appropriate congressional committees and make available to appropriate
industry partners a report that describes the requirements,
feasibility, and advisability of implementing a clearance in person
concept described in subsection (c).
(c) Clearance in Person Concept.--The clearance in person concept--
(1) permits an individual who once held a security clearance to
maintain his or her eligibility for access to classified
information, networks, and facilities for up to 3 years after the
individual's eligibility for access to classified information would
otherwise lapse; and
(2) recognizes, unless otherwise directed by the Security
Executive Agent, an individual's security clearance and background
investigation as current, regardless of employment status,
contingent on enrollment in a continuous vetting program.
(d) Contents.--The report required under subsection (b) shall
address--
(1) requirements for an individual to voluntarily remain in a
continuous vetting program validated by the Security Executive
Agent even if the individual is not in a position requiring access
to classified information;
(2) appropriate safeguards for privacy;
(3) advantages to government and industry;
(4) the costs and savings associated with implementation;
(5) the risks of such implementation, including security and
counterintelligence risks;
(6) an appropriate funding model; and
(7) fairness to small companies and independent contractors.
SEC. 6608. REPORTS ON RECIPROCITY FOR SECURITY CLEARANCES INSIDE OF
DEPARTMENTS AND AGENCIES.
(a) Reports to Security Executive Agent.--The head of each Federal
department or agency shall submit an annual report to the Security
Executive Agent that, with respect to the period covered by the
report--
(1) identifies the number of individuals whose security
clearances took more than 2 weeks for reciprocity recognition after
such individuals move to another part of such department or agency;
and
(2) breaks out the information described in paragraph (1) by
type of clearance and the reasons for any delays.
(b) Annual Report.--Not less frequently than once each year, the
Security Executive Agent shall submit to the appropriate congressional
committees and make available to industry partners a report that
summarizes the information received pursuant to subsection (b) during
the period covered by such report.
SEC. 6609. INTELLIGENCE COMMUNITY REPORTS ON SECURITY CLEARANCES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) despite sustained efforts by Congress and the executive
branch, an unacceptable backlog in processing and adjudicating
security clearances persists, both within elements of the
intelligence community and in other departments of the Federal
Government, with some processing times exceeding a year or even
more;
(2) the protracted clearance timetable threatens the ability of
elements of the intelligence community to hire and retain highly
qualified individuals, and thus to fulfill the missions of such
elements;
(3) the prospect of a lengthy clearance process deters some
such individuals from seeking employment with the intelligence
community in the first place, and, when faced with a long wait
time, those with conditional offers of employment may opt to
discontinue the security clearance process and pursue different
opportunities;
(4) now more than ever, therefore, the broken security
clearance process badly needs fundamental reform; and
(5) in the meantime, to ensure the ability of elements of the
intelligence community to hire and retain highly qualified
personnel, elements should consider, to the extent possible and
consistent with national security, permitting new employees to
enter on duty immediately or nearly so, and to perform, on a
temporary basis pending final adjudication of their security
clearances, work that either does not require a security clearance
or requires only a low-level interim clearance.
(b) Reports Required.--Section 506H of the National Security Act of
1947 (50 U.S.C. 3104) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A)(ii), by adding ``and'' at the end;
(B) in subparagraph (B)(ii), by striking ``; and'' and
inserting a period; and
(C) by striking subparagraph (C);
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following:
``(b) Intelligence Community Reports.--(1)(A) Not later than March
1 of each year, the Director of National Intelligence shall submit a
report to the congressional intelligence committees, the Committee on
Homeland Security and Governmental Affairs of the Senate, the Committee
on Homeland Security of the House of Representatives, and the Committee
on Oversight and Reform of the House of Representatives regarding the
security clearances processed by each element of the intelligence
community during the preceding fiscal year.
``(B) The Director shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House of
Representatives such portions of the report submitted under
subparagraph (A) as the Director determines address elements of the
intelligence community that are within the Department of Defense.
``(C) Each report submitted under this paragraph shall separately
identify security clearances processed for Federal employees and
contractor employees sponsored by each such element.
``(2) Each report submitted under paragraph (1)(A) shall include,
for each element of the intelligence community for the fiscal year
covered by the report, the following:
``(A) The total number of initial security clearance background
investigations sponsored for new applicants.
``(B) The total number of security clearance periodic
reinvestigations sponsored for existing employees.
``(C) The total number of initial security clearance background
investigations for new applicants that were adjudicated with notice
of a determination provided to the prospective applicant,
including--
``(i) the total number of such adjudications that were
adjudicated favorably and granted access to classified
information; and
``(ii) the total number of such adjudications that were
adjudicated unfavorably and resulted in a denial or revocation
of a security clearance.
``(D) The total number of security clearance periodic
background investigations that were adjudicated with notice of a
determination provided to the existing employee, including--
``(i) the total number of such adjudications that were
adjudicated favorably; and
``(ii) the total number of such adjudications that were
adjudicated unfavorably and resulted in a denial or revocation
of a security clearance.
``(E) The total number of pending security clearance background
investigations, including initial applicant investigations and
periodic reinvestigations, that were not adjudicated as of the last
day of such year and that remained pending, categorized as follows:
``(i) For 180 days or shorter.
``(ii) For longer than 180 days, but shorter than 12
months.
``(iii) For 12 months or longer, but shorter than 18
months.
``(iv) For 18 months or longer, but shorter than 24 months.
``(v) For 24 months or longer.
``(F) For any security clearance determinations completed or
pending during the year preceding the year for which the report is
submitted that have taken longer than 12 months to complete--
``(i) an explanation of the causes for the delays incurred
during the period covered by the report; and
``(ii) the number of such delays involving a polygraph
requirement.
``(G) The percentage of security clearance investigations,
including initial and periodic reinvestigations, that resulted in a
denial or revocation of a security clearance.
``(H) The percentage of security clearance investigations that
resulted in incomplete information.
``(I) The percentage of security clearance investigations that
did not result in enough information to make a decision on
potentially adverse information.
``(3) The report required under this subsection shall be submitted
in unclassified form, but may include a classified annex.''; and
(4) in subsection (c), as redesignated, by striking
``subsection (a)(1)'' and inserting ``subsections (a)(1) and (b)''.
SEC. 6610. PERIODIC REPORT ON POSITIONS IN THE INTELLIGENCE COMMUNITY
THAT CAN BE CONDUCTED WITHOUT ACCESS TO CLASSIFIED INFORMATION,
NETWORKS, OR FACILITIES.
Not later than 180 days after the date of the enactment of this Act
and not less frequently than once every 5 years thereafter, the
Director of National Intelligence shall submit to the congressional
intelligence committees a report that reviews the intelligence
community for which positions can be conducted without access to
classified information, networks, or facilities, or may only require a
security clearance at the secret level.
SEC. 6611. INFORMATION-SHARING PROGRAM FOR POSITIONS OF TRUST AND
SECURITY CLEARANCES.
(a) Program Required.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Security Executive Agent and the
Suitability and Credentialing Executive Agent shall establish and
implement a program to share between and among agencies of the
Federal Government and industry partners of the Federal Government
relevant background information regarding individuals applying for
and currently occupying national security positions and positions
of trust, in order to ensure the Federal Government maintains a
trusted workforce.
(2) Designation.--The program established under paragraph (1)
shall be known as the ``Trusted Information Provider Program'' (in
this section referred to as the ``Program'').
(b) Privacy Safeguards.--The Security Executive Agent and the
Suitability and Credentialing Executive Agent shall ensure that the
Program includes such safeguards for privacy as the Security Executive
Agent and the Suitability and Credentialing Executive Agent consider
appropriate.
(c) Provision of Information to the Federal Government.--The
Program shall include requirements that enable investigative service
providers and agencies of the Federal Government to leverage certain
pre-employment information gathered through private-sector means during
the employment or military recruiting process, and other relevant
security or human resources information obtained during employment with
or for the Federal Government, that satisfy Federal investigative
standards, while safeguarding personnel privacy.
(d) Information and Records.--The information and records
considered under the Program shall include the following:
(1) Date and place of birth.
(2) Citizenship or immigration and naturalization information.
(3) Education records.
(4) Employment records.
(5) Employment or social references.
(6) Military service records.
(7) State and local law enforcement checks.
(8) Criminal history checks.
(9) Financial records or information.
(10) Foreign travel, relatives, or associations.
(11) Social media checks.
(12) Such other information or records as may be relevant to
obtaining or maintaining national security, suitability, fitness,
or credentialing eligibility.
(e) Implementation Plan.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Security Executive Agent and the
Suitability and Credentialing Executive Agent shall jointly submit
to the appropriate congressional committees and make available to
appropriate industry partners a plan for the implementation of the
Program.
(2) Elements.--The plan required by paragraph (1) shall include
the following:
(A) Mechanisms that address privacy, national security,
suitability or fitness, credentialing, and human resources or
military recruitment processes.
(B) Such recommendations for legislative or administrative
action as the Security Executive Agent and the Suitability and
Credentialing Executive Agent consider appropriate to carry out
or improve the Program.
(f) Plan for Pilot Program on Two-way Information Sharing.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Security Executive Agent and the
Suitability and Credentialing Executive Agent shall jointly submit
to the appropriate congressional committees and make available to
appropriate industry partners a plan for the implementation of a
pilot program to assess the feasibility and advisability of
expanding the Program to include the sharing of information held by
the Federal Government related to contract personnel with the
security office of the employers of those contractor personnel.
(2) Elements.--The plan required by paragraph (1) shall include
the following:
(A) Mechanisms that address privacy, national security,
suitability or fitness, credentialing, and human resources or
military recruitment processes.
(B) Such recommendations for legislative or administrative
action as the Security Executive Agent and the Suitability and
Credentialing Executive Agent consider appropriate to carry out
or improve the pilot program.
(g) Review.--Not later than 1 year after the date of the enactment
of this Act, the Security Executive Agent and the Suitability and
Credentialing Executive Agent shall jointly submit to the appropriate
congressional committees and make available to appropriate industry
partners a review of the plans submitted under subsections (e)(1) and
(f)(1) and utility and effectiveness of the programs described in such
plans.
SEC. 6612. REPORT ON PROTECTIONS FOR CONFIDENTIALITY OF WHISTLEBLOWER-
RELATED COMMUNICATIONS.
Not later than 180 days after the date of the enactment of this
Act, the Security Executive Agent shall, in coordination with the
Inspector General of the Intelligence Community, submit to the
appropriate congressional committees a report detailing the controls
employed by the intelligence community to ensure that continuous
vetting programs, including those involving user activity monitoring,
protect the confidentiality of whistleblower-related communications.
SEC. 6613. REPORTS ON COSTS OF SECURITY CLEARANCE BACKGROUND
INVESTIGATIONS.
(a) Reports.--Not later than March 1, 2020, and each year
thereafter through 2022, the Security Executive Agent, in coordination
with the Council, shall submit to the appropriate congressional
committees a report on the resources expended by each agency of the
Federal Government during the fiscal year prior to the date of the
report for processing security clearance background investigations and
continuous vetting programs, disaggregated by tier and whether the
individual was a Government employee or contractor.
(b) Contents.--Each report submitted under subsection (a) shall
include, for the period covered by the report--
(1) the costs of background investigations;
(2) the costs of reinvestigations;
(3) the costs associated with background investigations and
reinvestigations for Government personnel;
(4) the costs associated with background investigations and
reinvestigations for contract personnel;
(5) costs associated with continuous evaluation initiatives
monitoring for personnel for whom a background investigation or
reinvestigation was conducted, other than costs associated with
adjudication;
(6) the average cost per person for each type of background
investigation; and
(7) a summary of transfers and reprogrammings that were
executed to support the processing of security clearances.
TITLE LXVII--REPORTS AND OTHER MATTERS
Subtitle A--Matters Relating to Russia and Other Foreign Powers
SEC. 6701. LIMITATION RELATING TO ESTABLISHMENT OR SUPPORT OF
CYBERSECURITY UNIT WITH THE RUSSIAN FEDERATION.
(a) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives; and
(3) the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives.
(b) Limitation.--
(1) In general.--No amount may be expended by the Federal
Government, other than the Department of Defense, to enter into or
implement any bilateral agreement between the United States and the
Russian Federation regarding cybersecurity, including the
establishment or support of any cybersecurity unit, unless, at
least 30 days prior to the conclusion of any such agreement, the
Director of National Intelligence submits to the appropriate
congressional committees a report on such agreement that includes
the elements required by subsection (c).
(2) Department of defense agreements.--Any agreement between
the Department of Defense and the Russian Federation regarding
cybersecurity shall be conducted in accordance with section 1232 of
the National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114-328), as amended by section 1231 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91).
(c) Elements.--If the Director submits a report under subsection
(b) with respect to an agreement, such report shall include a
discussion of each of the following:
(1) The purpose of the agreement.
(2) The nature of any intelligence to be shared pursuant to the
agreement.
(3) The expected value to national security resulting from the
implementation of the agreement.
(4) Such counterintelligence concerns associated with the
agreement as the Director may have and such measures as the
Director expects to be taken to mitigate such concerns.
(d) Rule of Construction.--This section shall not be construed to
affect any existing authority of the Director of National Intelligence,
the Director of the Central Intelligence Agency, or another head of an
element of the intelligence community, to share or receive foreign
intelligence on a case-by-case basis.
SEC. 6702. ASSESSMENT OF THREAT FINANCE RELATING TO RUSSIA.
(a) Threat Finance Defined.--In this section, the term ``threat
finance'' means--
(1) the financing of cyber operations, global influence
campaigns, intelligence service activities, proliferation,
terrorism, or transnational crime and drug organizations;
(2) the methods and entities used to spend, store, move, raise,
conceal, or launder money or value, on behalf of threat actors;
(3) sanctions evasion; and
(4) other forms of threat finance activity domestically or
internationally, as defined by the President.
(b) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Assistant Secretary of the Treasury for
Intelligence and Analysis, shall submit to the congressional
intelligence committees, the Committee on Foreign Affairs of the House
of Representatives, and the Committee on Foreign Relations of the
Senate a report containing an assessment of Russian threat finance. The
assessment shall be based on intelligence from all sources, including
from the Office of Terrorism and Financial Intelligence of the
Department of the Treasury.
(c) Elements.--The report required by subsection (b) shall include
each of the following:
(1) A summary of leading examples from the 3-year period
preceding the date of the submittal of the report of threat finance
activities conducted by, for the benefit of, or at the behest of--
(A) officials of the Government of Russia;
(B) persons subject to sanctions under any provision of law
imposing sanctions with respect to Russia;
(C) Russian nationals subject to sanctions under any other
provision of law; or
(D) Russian oligarchs or organized criminals.
(2) An assessment with respect to any trends or patterns in
threat finance activities relating to Russia, including common
methods of conducting such activities and global nodes of money
laundering used by Russian threat actors described in paragraph (1)
and associated entities.
(3) An assessment of any connections between Russian
individuals involved in money laundering and the Government of
Russia.
(4) A summary of engagement and coordination with international
partners on threat finance relating to Russia, especially in
Europe, including examples of such engagement and coordination.
(5) An identification of any resource and collection gaps.
(6) An identification of--
(A) entry points of money laundering by Russian and
associated entities into the United States;
(B) any vulnerabilities within the United States legal and
financial system, including specific sectors, which have been
or could be exploited in connection with Russian threat finance
activities; and
(C) the counterintelligence threat posed by Russian money
laundering and other forms of threat finance, as well as the
threat to the United States financial system and United States
efforts to enforce sanctions and combat organized crime.
(7) Any other matters the Director determines appropriate.
(d) Form of Report.--The report required under subsection (b) may
be submitted in classified form.
SEC. 6703. NOTIFICATION OF AN ACTIVE MEASURES CAMPAIGN.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives;
and
(C) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
(2) Congressional leadership.--The term ``congressional
leadership'' includes the following:
(A) The majority leader of the Senate.
(B) The minority leader of the Senate.
(C) The Speaker of the House of Representatives.
(D) The minority leader of the House of Representatives.
(b) Requirement for Notification.--The Director of National
Intelligence, in cooperation with the Director of the Federal Bureau of
Investigation and the head of any other relevant agency, shall notify
the congressional leadership and the chairman and vice chairman or
ranking member of each of the appropriate congressional committees, and
of other relevant committees of jurisdiction, each time the Director of
National Intelligence determines there is credible information that a
foreign power has, is, or will attempt to employ a covert influence or
active measures campaign with regard to the modernization, employment,
doctrine, or force posture of the nuclear deterrent or missile defense.
(c) Content of Notification.--Each notification required by
subsection (b) shall include information concerning actions taken by
the United States to expose or halt an attempt referred to in
subsection (b).
SEC. 6704. NOTIFICATION OF TRAVEL BY ACCREDITED DIPLOMATIC AND CONSULAR
PERSONNEL OF THE RUSSIAN FEDERATION IN THE UNITED STATES.
In carrying out the advance notification requirements set out in
section 502 of the Intelligence Authorization Act for Fiscal Year 2017
(division N of Public Law 115-31; 131 Stat. 825; 22 U.S.C. 254a note),
the Secretary of State shall--
(1) ensure that the Russian Federation provides notification to
the Secretary of State at least 2 business days in advance of all
travel that is subject to such requirements by accredited
diplomatic and consular personnel of the Russian Federation in the
United States, and take necessary action to secure full compliance
by Russian personnel and address any noncompliance; and
(2) provide notice of travel described in paragraph (1) to the
Director of National Intelligence and the Director of the Federal
Bureau of Investigation within 1 hour of receiving notice of such
travel.
SEC. 6705. REPORT AND ANNUAL BRIEFING ON IRANIAN EXPENDITURES
SUPPORTING FOREIGN MILITARY AND TERRORIST ACTIVITIES.
(a) Report.--
(1) Report required.--Not later than 90 days after the date of
the enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees a report,
and not less frequently than once each year thereafter provide a
briefing to Congress, describing Iranian expenditures in the
previous calendar year on military and terrorist activities outside
the country, including each of the following:
(A) The amount spent in such calendar year on activities by
the Islamic Revolutionary Guard Corps, including activities
providing support for--
(i) Hizballah;
(ii) Houthi rebels in Yemen;
(iii) Hamas;
(iv) proxy forces in Iraq and Syria; or
(v) any other entity or country the Director determines
to be relevant.
(B) The amount spent in such calendar year for ballistic
missile research and testing or other activities that the
Director determines are destabilizing to the Middle East
region.
(2) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
(b) Annual Briefing.--Following the submission of the report under
subsection (a), the Director shall annually provide a briefing to the
congressional intelligence committees on the information described in
such subsection.
SEC. 6706. EXPANSION OF SCOPE OF COMMITTEE TO COUNTER ACTIVE MEASURES.
(a) Scope of Committee to Counter Active Measures.--Section 501 of
the Intelligence Authorization Act for Fiscal Year 2017 (Public Law
115-31; 50 U.S.C. 3001 note) is amended--
(1) in subsections (a) through (h)--
(A) by inserting ``, the People's Republic of China, the
Islamic Republic of Iran, the Democratic People's Republic of
Korea, or other nation state'' after ``Russian Federation''
each place it appears; and
(B) by inserting ``, China, Iran, North Korea, or other
nation state'' after ``Russia'' each place it appears; and
(2) in the section heading, by inserting ``, the people's
republic of china, the islamic republic of iran, the democratic
people's republic of korea, or other nation state'' after ``russian
federation''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by striking the item relating to section 501 and
inserting the following new item:
``Sec. 501. Committee to counter active measures by the Russian
Federation, the People's Republic of China, the Islamic
Republic of Iran, the Democratic People's Republic of Korea,
and other nation states to exert covert influence over peoples
and governments.''.
Subtitle B--Reports
SEC. 6711. TECHNICAL CORRECTION TO INSPECTOR GENERAL STUDY.
Section 11001(d) of title 5, United States Code, is amended--
(1) in the subsection heading, by striking ``Audit'' and
inserting ``Review'';
(2) in paragraph (1), by striking ``audit'' and inserting
``review''; and
(3) in paragraph (2), by striking ``audit'' and inserting
``review''.
SEC. 6712. REPORTS ON AUTHORITIES OF THE CHIEF INTELLIGENCE OFFICER OF
THE DEPARTMENT OF HOMELAND SECURITY.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(C) the Committee on Homeland Security of the House of
Representatives.
(2) Homeland security intelligence enterprise.--The term
``Homeland Security Intelligence Enterprise'' has the meaning given
such term in Department of Homeland Security Instruction Number
264-01-001, or successor authority.
(b) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Homeland Security, in
consultation with the Under Secretary of Homeland Security for
Intelligence and Analysis, shall submit to the appropriate committees
of Congress a report on the authorities of the Under Secretary.
(c) Elements.--The report required by subsection (b) shall include
each of the following:
(1) An analysis of whether the Under Secretary has the legal
and policy authority necessary to organize and lead the Homeland
Security Intelligence Enterprise, with respect to intelligence,
and, if not, a description of--
(A) the obstacles to exercising the authorities of the
Chief Intelligence Officer of the Department and the Homeland
Security Intelligence Council, of which the Chief Intelligence
Officer is the chair; and
(B) the legal and policy changes necessary to effectively
coordinate, organize, and lead intelligence activities of the
Department of Homeland Security.
(2) A description of the actions that the Secretary has taken
to address the inability of the Under Secretary to require
components of the Department, other than the Office of Intelligence
and Analysis of the Department to--
(A) coordinate intelligence programs; and
(B) integrate and standardize intelligence products
produced by such other components.
SEC. 6713. REVIEW OF INTELLIGENCE COMMUNITY WHISTLEBLOWER MATTERS.
(a) Review of Whistleblower Matters.--The Inspector General of the
Intelligence Community, in consultation with the inspectors general for
the Central Intelligence Agency, the National Security Agency, the
National Geospatial-Intelligence Agency, the Defense Intelligence
Agency, and the National Reconnaissance Office, shall conduct a review
of the authorities, policies, investigatory standards, and other
practices and procedures relating to intelligence community
whistleblower matters, with respect to such inspectors general.
(b) Objective of Review.--The objective of the review required
under subsection (a) is to identify any discrepancies, inconsistencies,
or other issues, which frustrate the timely and effective reporting of
intelligence community whistleblower matters to appropriate inspectors
general and to the congressional intelligence committees, and the fair
and expeditious investigation and resolution of such matters.
(c) Conduct of Review.--The Inspector General of the Intelligence
Community shall take such measures as the Inspector General determines
necessary in order to ensure that the review required by subsection (a)
is conducted in an independent and objective fashion.
(d) Report.--Not later than 270 days after the date of the
enactment of this Act, the Inspector General of the Intelligence
Community shall submit to the congressional intelligence committees a
written report containing the results of the review required under
subsection (a), along with recommendations to improve the timely and
effective reporting of intelligence community whistleblower matters to
inspectors general and to the congressional intelligence committees and
the fair and expeditious investigation and resolution of such matters.
SEC. 6714. REPORT ON ROLE OF DIRECTOR OF NATIONAL INTELLIGENCE WITH
RESPECT TO CERTAIN FOREIGN INVESTMENTS.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with the heads of the elements of the intelligence
community determined appropriate by the Director, shall submit to the
congressional intelligence committees a report on the role of the
Director in preparing analytic materials in connection with the
evaluation by the Federal Government of national security risks
associated with potential foreign investments into the United States.
(b) Elements.--The report under subsection (a) shall include--
(1) a description of the current process for the provision of
the analytic materials described in subsection (a);
(2) an identification of the most significant benefits and
drawbacks of such process with respect to the role of the Director,
including the sufficiency of resources and personnel to prepare
such materials; and
(3) recommendations to improve such process.
SEC. 6715. REPORT ON SURVEILLANCE BY FOREIGN GOVERNMENTS AGAINST UNITED
STATES TELECOMMUNICATIONS NETWORKS.
(a) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional intelligence committees.
(2) The Committee on the Judiciary and the Committee on
Homeland Security and Governmental Affairs of the Senate.
(3) The Committee on the Judiciary and the Committee on
Homeland Security of the House of Representatives.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall, in
coordination with the Director of the Central Intelligence Agency, the
Director of the National Security Agency, the Director of the Federal
Bureau of Investigation, and the Secretary of Homeland Security, submit
to the appropriate congressional committees a report describing--
(1) any attempts known to the intelligence community by foreign
governments to exploit cybersecurity vulnerabilities in United
States telecommunications networks (including Signaling System No.
7) to target for surveillance United States persons, including
employees of the Federal Government; and
(2) any actions, as of the date of the enactment of this Act,
taken by the intelligence community to protect agencies and
personnel of the United States Government from surveillance
conducted by foreign governments.
SEC. 6716. BIENNIAL REPORT ON FOREIGN INVESTMENT RISKS.
(a) Intelligence Community Interagency Working Group.--
(1) Requirement to establish.--The Director of National
Intelligence shall establish an intelligence community interagency
working group to prepare the biennial reports required by
subsection (b).
(2) Chairperson.--The Director of National Intelligence shall
serve as the chairperson of such interagency working group.
(3) Membership.--Such interagency working group shall be
composed of representatives of each element of the intelligence
community that the Director of National Intelligence determines
appropriate.
(b) Biennial Report on Foreign Investment Risks.--
(1) Report required.--Not later than 180 days after the date of
the enactment of this Act and not less frequently than once every 2
years thereafter, the Director of National Intelligence shall
submit to the appropriate congressional committees a report on
foreign investment risks prepared by the interagency working group
established under subsection (a).
(2) Elements.--Each report required by paragraph (1) shall
include identification, analysis, and explanation of the following:
(A) Any current or projected major threats to the national
security of the United States with respect to foreign
investment.
(B) Any strategy used by a foreign country that such
interagency working group has identified to be a country of
special concern to use foreign investment to target the
acquisition of critical technologies, critical materials, or
critical infrastructure.
(C) Any economic espionage efforts directed at the United
States by a foreign country, particularly such a country of
special concern.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Homeland Security and Governmental Affairs
and the Committee on Foreign Relations of the Senate; and
(3) the Committee on Homeland Security and the Committee on
Foreign Affairs of the House of Representatives.
SEC. 6717. MODIFICATION OF CERTAIN REPORTING REQUIREMENT ON TRAVEL OF
FOREIGN DIPLOMATS.
Section 502(d)(2) of the Intelligence Authorization Act for Fiscal
Year 2017 (Public Law 115-31) is amended by striking ``the number'' and
inserting ``a best estimate''.
SEC. 6718. SEMIANNUAL REPORTS ON INVESTIGATIONS OF UNAUTHORIZED
DISCLOSURES OF CLASSIFIED INFORMATION.
(a) In General.--Title XI of the National Security Act of 1947 (50
U.S.C. 3231 et seq.) is amended by adding at the end the following new
section:
``SEC. 1105. SEMIANNUAL REPORTS ON INVESTIGATIONS OF UNAUTHORIZED
DISCLOSURES OF CLASSIFIED INFORMATION.
``(a) Definitions.--In this section:
``(1) Covered official.--The term `covered official' means--
``(A) the heads of each element of the intelligence
community; and
``(B) the inspectors general with oversight responsibility
for an element of the intelligence community.
``(2) Investigation.--The term `investigation' means any
inquiry, whether formal or informal, into the existence of an
unauthorized public disclosure of classified information.
``(3) Unauthorized disclosure of classified information.--The
term `unauthorized disclosure of classified information' means any
unauthorized disclosure of classified information to any recipient.
``(4) Unauthorized public disclosure of classified
information.--The term `unauthorized public disclosure of
classified information' means the unauthorized disclosure of
classified information to a journalist or media organization.
``(b) Intelligence Community Reporting.--
``(1) In general.--Not less frequently than once every 6
months, each covered official shall submit to the congressional
intelligence committees a report on investigations of unauthorized
public disclosures of classified information.
``(2) Elements.--Each report submitted under paragraph (1)
shall include, with respect to the preceding 6-month period, the
following:
``(A) The number of investigations opened by the covered
official regarding an unauthorized public disclosure of
classified information.
``(B) The number of investigations completed by the covered
official regarding an unauthorized public disclosure of
classified information.
``(C) Of the number of such completed investigations
identified under subparagraph (B), the number referred to the
Attorney General for criminal investigation.
``(c) Department of Justice Reporting.--
``(1) In general.--Not less frequently than once every 6
months, the Assistant Attorney General for National Security of the
Department of Justice, in consultation with the Director of the
Federal Bureau of Investigation, shall submit to the congressional
intelligence committees, the Committee on the Judiciary of the
Senate, and the Committee on the Judiciary of the House of
Representatives a report on the status of each referral made to the
Department of Justice from any element of the intelligence
community regarding an unauthorized disclosure of classified
information made during the most recent 365-day period or any
referral that has not yet been closed, regardless of the date the
referral was made.
``(2) Contents.--Each report submitted under paragraph (1)
shall include, for each referral covered by the report, at a
minimum, the following:
``(A) The date the referral was received.
``(B) A statement indicating whether the alleged
unauthorized disclosure described in the referral was
substantiated by the Department of Justice.
``(C) A statement indicating the highest level of
classification of the information that was revealed in the
unauthorized disclosure.
``(D) A statement indicating whether an open criminal
investigation related to the referral is active.
``(E) A statement indicating whether any criminal charges
have been filed related to the referral.
``(F) A statement indicating whether the Department of
Justice has been able to attribute the unauthorized disclosure
to a particular entity or individual.
``(d) Form of Reports.--Each report submitted under this section
shall be submitted in unclassified form, but may have a classified
annex.''.
(b) Clerical Amendment.--The table of contents in the first section
of the National Security Act of 1947 is amended by inserting after the
item relating to section 1104 the following new item:
``Sec. 1105. Semiannual reports on investigations of unauthorized
disclosures of classified information.''.
SEC. 6719. CONGRESSIONAL NOTIFICATION OF DESIGNATION OF COVERED
INTELLIGENCE OFFICER AS PERSONA NON GRATA.
(a) Covered Intelligence Officer Defined.--In this section, the
term ``covered intelligence officer'' means--
(1) a United States intelligence officer serving in a post in a
foreign country; or
(2) a known or suspected foreign intelligence officer serving
in a United States post.
(b) Requirement for Reports.--Not later than 72 hours after a
covered intelligence officer is designated as a persona non grata, the
Director of National Intelligence, in consultation with the Secretary
of State, shall submit to the congressional intelligence committees,
the Committee on Foreign Relations of the Senate, and the Committee on
Foreign Affairs of the House of Representatives a notification of that
designation. Each such notification shall include--
(1) the date of the designation;
(2) the basis for the designation; and
(3) a justification for the expulsion.
SEC. 6720. REPORTS ON INTELLIGENCE COMMUNITY PARTICIPATION IN
VULNERABILITIES EQUITIES PROCESS OF FEDERAL GOVERNMENT.
(a) Definitions.--In this section:
(1) Vulnerabilities equities policy and process document.--The
term ``Vulnerabilities Equities Policy and Process document'' means
the executive branch document entitled ``Vulnerabilities Equities
Policy and Process'' dated November 15, 2017.
(2) Vulnerabilities equities process.--The term
``Vulnerabilities Equities Process'' means the interagency review
of vulnerabilities, pursuant to the Vulnerabilities Equities Policy
and Process document or any successor document.
(3) Vulnerability.--The term ``vulnerability'' means a weakness
in an information system or its components (for example, system
security procedures, hardware design, and internal controls) that
could be exploited or could affect confidentiality, integrity, or
availability of information.
(b) Reports on Process and Criteria Under Vulnerabilities Equities
Policy and Process.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees a written
report describing--
(A) with respect to each element of the intelligence
community--
(i) the title of the official or officials responsible
for determining whether, pursuant to criteria contained in
the Vulnerabilities Equities Policy and Process document or
any successor document, a vulnerability must be submitted
for review under the Vulnerabilities Equities Process; and
(ii) the process used by such element to make such
determination; and
(B) the roles or responsibilities of that element during a
review of a vulnerability submitted to the Vulnerabilities
Equities Process.
(2) Changes to process or criteria.--Not later than 30 days
after any significant change is made to the process and criteria
used by any element of the intelligence community for determining
whether to submit a vulnerability for review under the
Vulnerabilities Equities Process, such element shall submit to the
congressional intelligence committees a report describing such
change.
(3) Form of reports.--Each report submitted under this
subsection shall be submitted in unclassified form, but may include
a classified annex.
(c) Annual Reports.--
(1) In general.--Not less frequently than once each calendar
year, the Director of National Intelligence shall submit to the
congressional intelligence committees a classified report
containing, with respect to the previous year--
(A) the number of vulnerabilities submitted for review
under the Vulnerabilities Equities Process;
(B) the number of vulnerabilities described in subparagraph
(A) disclosed to each vendor responsible for correcting the
vulnerability, or to the public, pursuant to the
Vulnerabilities Equities Process; and
(C) the aggregate number, by category, of the
vulnerabilities excluded from review under the Vulnerabilities
Equities Process, as described in paragraph 5.4 of the
Vulnerabilities Equities Policy and Process document.
(2) Unclassified information.--Each report submitted under
paragraph (1) shall include an unclassified appendix that
contains--
(A) the aggregate number of vulnerabilities disclosed to
vendors or the public pursuant to the Vulnerabilities Equities
Process; and
(B) the aggregate number of vulnerabilities disclosed to
vendors or the public pursuant to the Vulnerabilities Equities
Process known to have been patched.
(3) Nonduplication.--The Director of National Intelligence may
forgo submission of an annual report required under this subsection
for a calendar year, if the Director notifies the intelligence
committees in writing that, with respect to the same calendar year,
an annual report required by paragraph 4.3 of the Vulnerabilities
Equities Policy and Process document already has been submitted to
Congress, and such annual report contains the information that
would otherwise be required to be included in an annual report
under this subsection.
SEC. 6721. INSPECTORS GENERAL REPORTS ON CLASSIFICATION.
(a) Reports Required.--Not less than once per year in each of the
three fiscal years immediately following the date of the enactment of
this Act, each Inspector General listed in subsection (b) shall submit
to the congressional intelligence committees a report that includes,
with respect to the department or agency of the Inspector General,
analyses of the following with respect to the prior fiscal year:
(1) The accuracy of the application of classification and
handling markers on a representative sample of finished reports,
including such reports that are compartmented.
(2) Compliance with declassification procedures.
(3) The effectiveness of processes for identifying topics of
public or historical importance that merit prioritization for a
declassification review.
(b) Inspectors General Listed.--The Inspectors General listed in
this subsection are as follows:
(1) The Inspector General of the Intelligence Community.
(2) The Inspector General of the Central Intelligence Agency.
(3) The Inspector General of the National Security Agency.
(4) The Inspector General of the Defense Intelligence Agency.
(5) The Inspector General of the National Reconnaissance
Office.
(6) The Inspector General of the National Geospatial-
Intelligence Agency.
SEC. 6722. REPORTS AND BRIEFINGS ON NATIONAL SECURITY EFFECTS OF GLOBAL
WATER INSECURITY AND EMERGING INFECTIOUS DISEASE AND PANDEMICS.
(a) Global Water Insecurity.--
(1) Report.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of the
Senate a report on the implications of water insecurity on the
national security interests of the United States, including
consideration of social, economic, agricultural, and
environmental factors.
(B) Assessment scope and focus.--The report submitted under
subparagraph (A) shall include an assessment of water
insecurity described in such subsection with a global scope,
but focus on areas of the world--
(i) of strategic, economic, or humanitarian interest to
the United States--
(I) that are, as of the date of the report, at the
greatest risk of instability, conflict, human
insecurity, or mass displacement; or
(II) where challenges relating to water insecurity
are likely to emerge and become significant during the
5-year or the 20-year period beginning on the date of
the report; and
(ii) where challenges relating to water insecurity are
likely to imperil the national security interests of the
United States or allies of the United States.
(C) Consultation.--In researching the report required by
subparagraph (A), the Director shall consult with--
(i) such stakeholders within the intelligence
community, the Department of Defense, and the Department of
State as the Director considers appropriate; and
(ii) such additional Federal agencies and persons in
the private sector as the Director considers appropriate.
(D) Form.--The report submitted under subparagraph (A)
shall be submitted in unclassified form, but may include a
classified annex.
(2) Quinquennial briefings.--Beginning on the date that is 5
years after the date on which the Director submits the report under
paragraph (1), and every 5 years thereafter, the Director shall
provide to the committees specified in such paragraph a briefing
that updates the matters contained in the report.
(b) Emerging Infectious Disease and Pandemics.--
(1) Report.--
(A) In general.--Not later than 120 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate congressional
committees a report on the anticipated geopolitical effects of
emerging infectious disease (including deliberate, accidental,
and naturally occurring infectious disease threats) and
pandemics, and their implications on the national security of
the United States.
(B) Contents.--The report under subparagraph (A) shall
include an assessment of--
(i) the economic, social, political, and security
risks, costs, and impacts of emerging infectious diseases
on the United States and the international political and
economic system;
(ii) the economic, social, political, and security
risks, costs, and impacts of a major transnational pandemic
on the United States and the international political and
economic system; and
(iii) contributing trends and factors to the matters
assessed under clauses (i) and (ii).
(C) Examination of response capacity.--In examining the
risks, costs, and impacts of emerging infectious disease and a
possible transnational pandemic under subparagraph (B), the
Director of National Intelligence shall also examine in the
report under subparagraph (A) the response capacity within
affected countries and the international system. In considering
response capacity, the Director shall include--
(i) the ability of affected nations to effectively
detect and manage emerging infectious diseases and a
possible transnational pandemic;
(ii) the role and capacity of international
organizations and nongovernmental organizations to respond
to emerging infectious disease and a possible pandemic, and
their ability to coordinate with affected and donor
nations; and
(iii) the effectiveness of current international
frameworks, agreements, and health systems to respond to
emerging infectious diseases and a possible transnational
pandemic.
(2) Quinquennial briefings.--Beginning on the date that is 5
years after the date on which the Director submits the report under
paragraph (1), and every 5 years thereafter, the Director shall
provide to the congressional intelligence committees a briefing
that updates the matters contained in the report.
(3) Form.--The report under paragraph (1) and the briefings
under paragraph (2) may be classified.
(4) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Affairs, the Committee on
Armed Services, the Committee on Energy and Commerce, and the
Committee on Appropriations of the House of Representatives;
and
(C) the Committee on Foreign Relations, the Committee on
Armed Services, the Committee on Health, Education, Labor, and
Pensions, and the Committee on Appropriations of the Senate.
SEC. 6723. ANNUAL REPORT ON MEMORANDA OF UNDERSTANDING BETWEEN ELEMENTS
OF INTELLIGENCE COMMUNITY AND OTHER ENTITIES OF THE UNITED STATES
GOVERNMENT REGARDING SIGNIFICANT OPERATIONAL ACTIVITIES OR POLICY.
Section 311 of the Intelligence Authorization Act for Fiscal Year
2017 (50 U.S.C. 3313) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by striking subsection (a) and inserting the following:
``(a) In General.--Each year, concurrent with the annual budget
request submitted by the President to Congress under section 1105 of
title 31, United States Code, each head of an element of the
intelligence community shall submit to the congressional intelligence
committees a report that lists each memorandum of understanding or
other agreement regarding significant operational activities or policy
entered into during the most recently completed fiscal year between or
among such element and any other entity of the United States
Government.
``(b) Provision of Documents.--Each head of an element of an
intelligence community who receives a request from the Select Committee
on Intelligence of the Senate or the Permanent Select Committee on
Intelligence of the House of Representatives for a copy of a memorandum
of understanding or other document listed in a report submitted by the
head under subsection (a) shall submit to such committee the requested
copy as soon as practicable after receiving such request.''.
SEC. 6724. STUDY ON THE FEASIBILITY OF ENCRYPTING UNCLASSIFIED WIRELINE
AND WIRELESS TELEPHONE CALLS.
(a) Study Required.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
complete and submit to the congressional intelligence committees a
study on the feasibility of encrypting unclassified wireline and
wireless telephone calls between personnel in the intelligence
community.
(b) Briefing.--Not later than 90 days after the date on which the
Director submits the study required by subsection (a), the Director
shall provide to the congressional intelligence committees a briefing
on the Director's findings with respect to such study.
SEC. 6725. REPORTS ON INTELLIGENCE COMMUNITY LOAN REPAYMENT AND RELATED
PROGRAMS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) there should be established, through the issuing of an
Intelligence Community Directive or otherwise, an intelligence-
community-wide program for student loan repayment, student loan
forgiveness, financial counseling, and related matters, for
employees of the intelligence community;
(2) creating such a program would enhance the ability of the
elements of the intelligence community to recruit, hire, and retain
highly qualified personnel, including with respect to mission-
critical and hard-to-fill positions;
(3) such a program, including with respect to eligibility
requirements, should be designed so as to maximize the ability of
the elements of the intelligence community to recruit, hire, and
retain highly qualified personnel, including with respect to
mission-critical and hard-to-fill positions; and
(4) to the extent possible, such a program should be uniform
throughout the intelligence community and publicly promoted by each
element of the intelligence community to both current employees of
the element as well as to prospective employees of the element.
(b) Report on Potential Intelligence Community-Wide Program.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
cooperation with the heads of the elements of the intelligence
community and the heads of any other appropriate department or
agency of the Federal Government, shall submit to the congressional
intelligence committees a report on potentially establishing and
carrying out an intelligence-community-wide program for student
loan repayment, student loan forgiveness, financial counseling, and
related matters, as described in subsection (a).
(2) Matters included.--The report under paragraph (1) shall
include, at a minimum, the following:
(A) A description of the financial resources that the
elements of the intelligence community would require to
establish and initially carry out the program specified in
paragraph (1).
(B) A description of the practical steps to establish and
carry out such a program.
(C) The identification of any legislative action the
Director determines necessary to establish and carry out such a
program.
(c) Annual Reports on Established Programs.--
(1) Covered programs defined.--In this subsection, the term
``covered programs'' means any loan repayment program, loan
forgiveness program, financial counseling program, or similar
program, established pursuant to title X of the National Security
Act of 1947 (50 U.S.C. 3191 et seq.) or any other provision of law
that may be administered or used by an element of the intelligence
community.
(2) Annual reports required.--Not less frequently than once
each year, the Director of National Intelligence shall submit to
the congressional intelligence committees a report on the covered
programs. Each such report shall include, with respect to the
period covered by the report, the following:
(A) The number of personnel from each element of the
intelligence community who used each covered program.
(B) The total amount of funds each element expended for
each such program.
(C) A description of the efforts made by each element to
promote each covered program pursuant to both the personnel of
the element of the intelligence community and to prospective
personnel.
SEC. 6726. REPEAL OF CERTAIN REPORTING REQUIREMENTS.
(a) Correcting Long-Standing Material Weaknesses.--Section 368 of
the Intelligence Authorization Act for Fiscal Year 2010 (Public Law
110-259; 50 U.S.C. 3051 note) is hereby repealed.
(b) Interagency Threat Assessment and Coordination Group.--Section
210D of the Homeland Security Act of 2002 (6 U.S.C. 124k) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d) through (i) as subsections
(c) through (h), respectively; and
(3) in subsection (c), as so redesignated--
(A) in paragraph (8), by striking ``; and'' and inserting a
period; and
(B) by striking paragraph (9).
(c) Inspector General Report.--Section 8H of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended--
(1) by striking subsection (g); and
(2) by redesignating subsections (h) and (i) as subsections (g)
and (h), respectively.
SEC. 6727. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY REPORT ON
SENIOR EXECUTIVES OF THE OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE.
(a) Senior Executive Service Position Defined.--In this section,
the term ``Senior Executive Service position'' has the meaning given
that term in section 3132(a)(2) of title 5, United States Code, and
includes any position above the GS-15, step 10, level of the General
Schedule under section 5332 of such title.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Inspector General of the Intelligence Community shall
submit to the congressional intelligence committees a report on the
number of Senior Executive Service positions in the Office of the
Director of National Intelligence.
(c) Matters Included.--The report under subsection (b) shall
include the following:
(1) The number of required Senior Executive Service positions
for the Office of the Director of National Intelligence.
(2) Whether such requirements are reasonably based on the
mission of the Office.
(3) A discussion of how the number of the Senior Executive
Service positions in the Office compare to the number of senior
positions at comparable organizations.
(d) Cooperation.--The Director of National Intelligence shall
provide to the Inspector General of the Intelligence Community any
information requested by the Inspector General of the Intelligence
Community that is necessary to carry out this section by not later than
14 calendar days after the date on which the Inspector General of the
Intelligence Community makes such request.
SEC. 6728. BRIEFING ON FEDERAL BUREAU OF INVESTIGATION OFFERING
PERMANENT RESIDENCE TO SOURCES AND COOPERATORS.
Not later than 30 days after the date of the enactment of this Act,
the Director of the Federal Bureau of Investigation shall provide to
the congressional intelligence committees a briefing on the ability of
the Federal Bureau of Investigation to offer, as an inducement to
assisting the Bureau, permanent residence within the United States to
foreign individuals who are sources or cooperators in
counterintelligence or other national-security-related investigations.
The briefing shall address the following:
(1) The extent to which the Bureau may make such offers,
whether independently or in conjunction with other agencies and
departments of the United States Government, including a discussion
of the authorities provided by section 101(a)(15)(S) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(S)), section
7 of the Central Intelligence Agency Act (50 U.S.C. 3508), and any
other provision of law under which the Bureau may make such offers.
(2) An overview of the policies and operational practices of
the Bureau with respect to making such offers.
(3) The sufficiency of such policies and practices with respect
to inducing individuals to cooperate with, serve as sources for
such investigations, or both.
(4) Whether the Director recommends any legislative actions to
improve such policies and practices, particularly with respect to
the counterintelligence efforts of the Bureau.
SEC. 6729. INTELLIGENCE ASSESSMENT OF NORTH KOREA REVENUE SOURCES.
(a) Assessment Required.--Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence, in
coordination with the Assistant Secretary of State for Intelligence and
Research and the Assistant Secretary of the Treasury for Intelligence
and Analysis, shall produce an intelligence assessment of the revenue
sources of the North Korean regime. Such assessment shall include
revenue from the following sources:
(1) Trade in coal, iron, and iron ore.
(2) The provision of fishing rights to North Korean territorial
waters.
(3) Trade in gold, titanium ore, vanadium ore, copper, silver,
nickel, zinc, or rare earth minerals, and other stores of value.
(4) Trade in textiles.
(5) Sales of conventional defense articles and services.
(6) Sales of controlled goods, ballistic missiles, and other
associated items.
(7) Other types of manufacturing for export, as the Director of
National Intelligence considers appropriate.
(8) The exportation of workers from North Korea in a manner
intended to generate significant revenue, directly or indirectly,
for use by the government of North Korea.
(9) The provision of nonhumanitarian goods (such as food,
medicine, and medical devices) and services by other countries.
(10) The provision of services, including banking and other
support, including by entities located in the Russian Federation,
China, and Iran.
(11) Online commercial activities of the Government of North
Korea, including online gambling.
(12) Criminal activities, including cyber-enabled crime and
counterfeit goods.
(b) Elements.--The assessment required under subsection (a) shall
include an identification of each of the following:
(1) The sources of North Korea's funding.
(2) Financial and nonfinancial networks, including supply chain
management, transportation, and facilitation, through which North
Korea accesses the United States and international financial
systems and repatriates and exports capital, goods, and services;
and
(3) the global financial institutions, money services business,
and payment systems that assist North Korea with financial
transactions.
(c) Submittal to Congress.--Upon completion of the assessment
required under subsection (a), the Director of National Intelligence
shall submit to the congressional intelligence committees, the
Committee on Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate a copy of such assessment.
SEC. 6730. REPORT ON POSSIBLE EXPLOITATION OF VIRTUAL CURRENCIES BY
TERRORIST ACTORS.
(a) Short Title.--This section may be cited as the ``Stop Terrorist
Use of Virtual Currencies Act''.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Director of National Intelligence, in consultation
with the Secretary of the Treasury and the Under Secretary of Homeland
Security for Intelligence and Analysis, shall submit to Congress a
report on the possible exploitation of virtual currencies by terrorist
actors. Such report shall include the following elements:
(1) An assessment of the means and methods by which
international terrorist organizations and State sponsors of
terrorism use virtual currencies.
(2) An assessment of the use by terrorist organizations and
state sponsors of terrorism of virtual currencies compared to the
use by such organizations and states of other forms of financing to
support operations, including an assessment of the collection
posture of the intelligence community on the use of virtual
currencies by such organizations and states.
(3) A description of any existing legal impediments that
inhibit or prevent the intelligence community from collecting
information on or helping prevent the use of virtual currencies by
international terrorist organizations and state sponsors of
terrorism and an identification of any gaps in existing law that
could be exploited for illicit funding by such organizations and
States.
(c) Form of Report.--The report required by subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
(d) Dissemination to State and Local Partners.--Consistent with the
protection of classified and confidential unclassified information, the
Under Secretary shall share the report required by subsection (b) with
State, local, and regional officials who operate within State, local,
and regional fusion centers through the Department of Homeland Security
State, Local, and Regional Fusion Center Initiative established in
section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h).
Subtitle C--Other Matters
SEC. 6741. PUBLIC INTEREST DECLASSIFICATION BOARD.
(a) Meetings.--Section 703(e) of the Public Interest
Declassification Act of 2000 (Public Law 106-567; 50 U.S.C. 3161 note)
is amended by striking ``funds.'' and inserting ``funds, but shall meet
in person not less frequently than on a quarterly basis.''.
(b) Removal of Sunset.--Section 710 of the Public Interest
Declassification Act of 2000 (Public Law 106-567; 50 U.S.C. 3161 note)
is amended--
(1) by striking subsection (b);
(2) in the section heading, by striking ``; sunset''; and
(3) by striking ``(a) Effective Date.--''.
(c) Status of Board.--Notwithstanding section 710(b) of the Public
Interest Declassification Act of 2000 (Public Law 106-567; 50 U.S.C.
3161 note) as in effect on the day before the date of the enactment of
this Act--
(1) the Public Interest Declassification Board shall be deemed
to not have terminated for purposes of the appointment of members
to the Board;
(2) section 703(h) of such Act shall not apply with respect to
the period beginning on December 31, 2018, and ending on the day
before the date of the enactment of this Act; and
(3) the length of the terms of the members serving on the Board
as of December 30, 2018, shall be calculated by not counting the
period specified in paragraph (2).
SEC. 6742. TECHNICAL AND CLERICAL AMENDMENTS TO THE NATIONAL SECURITY
ACT OF 1947.
(a) Table of Contents.--The table of contents at the beginning of
the National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended--
(1) by inserting after the item relating to section 2 the
following new item:
``Sec. 3. Definitions.'';
(2) by striking the item relating to section 107;
(3) by striking the item relating to section 113B and inserting
the following new item:
``Sec. 113B. Special pay authority for science, technology, engineering,
or mathematics positions.'';
(4) by striking the items relating to sections 202, 203, 204,
208, 209, 210, 211, 212, 213, and 214; and
(5) by inserting after the item relating to section 311 the
following new item:
``Sec. 312. Repealing and saving provisions.''.
(b) Other Technical Corrections.--Such Act is further amended--
(1) in section 102A--
(A) in subparagraph (G) of paragraph (1) of subsection (g),
by moving the margins of such subparagraph 2 ems to the left;
and
(B) in paragraph (3) of subsection (v), by moving the
margins of such paragraph 2 ems to the left;
(2) in section 106--
(A) by inserting ``Sec. 106.'' before ``(a)'' and
conforming the typeface and typestyle accordingly; and
(B) in subparagraph (I) of paragraph (2) of subsection (b),
by moving the margins of such subparagraph 2 ems to the left;
(3) by striking section 107;
(4) in section 108(c), by striking ``in both a classified and
an unclassified form'' and inserting ``to Congress in classified
form, but may include an unclassified summary'';
(5) in section 112(c)(1), by striking ``section 103(c)(7)'' and
inserting ``section 102A(i)'';
(6) by amending section 201 to read as follows:
``SEC. 201. DEPARTMENT OF DEFENSE.
``Except to the extent inconsistent with the provisions of this Act
or other provisions of law, the provisions of title 5, United States
Code, shall be applicable to the Department of Defense.'';
(7) in section 205, by redesignating subsections (b) and (c) as
subsections (a) and (b), respectively;
(8) in section 206, by striking ``(a)'';
(9) in section 207, by striking ``(c)'';
(10) in section 308(a), by striking ``this Act'' and inserting
``sections 2, 101, 102, 103, and 303 of this Act'';
(11) by redesignating section 411 as section 312;
(12) in section 503--
(A) in paragraph (5) of subsection (c)--
(i) by moving the margins of such paragraph 4 ems to
the left; and
(ii) by moving the margins of subparagraph (B) of such
paragraph 2 ems to the left; and
(B) in paragraph (2) of subsection (d), by moving the
margins of such paragraph 2 ems to the left; and
(13) in subparagraph (B) of paragraph (3) of subsection (a) of
section 504, by moving the margins of such subparagraph 2 ems to
the right.
SEC. 6743. BUG BOUNTY PROGRAMS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
(C) the Committee on Armed Services and the Committee on
Homeland Security of the House of Representatives.
(2) Bug bounty program.--The term ``bug bounty program'' means
a program under which an approved computer security specialist or
security researcher is temporarily authorized to identify and
report vulnerabilities within the information system of an agency
or department of the United States in exchange for compensation.
(3) Information system.--The term ``information system'' has
the meaning given that term in section 3502 of title 44, United
States Code.
(b) Bug Bounty Program Plan.--
(1) Requirement.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security, in
consultation with the Secretary of Defense, shall submit to
appropriate committees of Congress a strategic plan for appropriate
agencies and departments of the United States to implement bug
bounty programs.
(2) Contents.--The plan required by paragraph (1) shall
include--
(A) an assessment of--
(i) the ``Hack the Pentagon'' pilot program carried out
by the Department of Defense in 2016 and subsequent bug
bounty programs in identifying and reporting
vulnerabilities within the information systems of the
Department of Defense; and
(ii) private sector bug bounty programs, including such
programs implemented by leading technology companies in the
United States; and
(B) recommendations on the feasibility of initiating bug
bounty programs at appropriate agencies and departments of the
United States.
SEC. 6744. TECHNICAL AMENDMENTS RELATED TO THE DEPARTMENT OF ENERGY.
(a) National Nuclear Security Administration Act.--Section 3233(b)
of the National Nuclear Security Administration Act (50 U.S.C. 2423(b))
is amended--
(1) by striking ``Administration'' and inserting
``Department''; and
(2) by inserting ``Intelligence and'' after ``the Office of''.
(b) Atomic Energy Defense Act.--Section 4524(b)(2) of the Atomic
Energy Defense Act (50 U.S.C. 2674(b)(2)) is amended by inserting
``Intelligence and'' after ``The Director of''.
(c) National Security Act of 1947.--Paragraph (2) of section 106(b)
of the National Security Act of 1947 (50 U.S.C. 3041(b)(2)) is
amended--
(1) in subparagraph (E), by inserting ``and
Counterintelligence'' after ``Office of Intelligence'';
(2) by striking subparagraph (F); and
(3) by redesignating subparagraphs (G), (H), and (I) as
subparagraphs (F), (G), and (H), respectively.
SEC. 6745. SENSE OF CONGRESS ON NOTIFICATION OF CERTAIN DISCLOSURES OF
CLASSIFIED INFORMATION.
(a) Definitions.--In this section:
(1) Adversary foreign government.--The term ``adversary foreign
government'' means the government of any of the following foreign
countries:
(A) North Korea.
(B) Iran.
(C) China.
(D) Russia.
(E) Cuba.
(2) Covered classified information.--The term ``covered
classified information'' means classified information that was--
(A) collected by an element of the intelligence community;
or
(B) provided by the intelligence service or military of a
foreign country to an element of the intelligence community.
(3) Established intelligence channels.--The term ``established
intelligence channels'' means methods to exchange intelligence to
coordinate foreign intelligence relationships, as established
pursuant to law by the Director of National Intelligence, the
Director of the Central Intelligence Agency, the Director of the
National Security Agency, or other head of an element of the
intelligence community.
(4) Individual in the executive branch.--The term ``individual
in the executive branch'' means any officer or employee of the
executive branch, including individuals--
(A) occupying a position specified in article II of the
Constitution;
(B) appointed to a position by an individual described in
subparagraph (A); or
(C) serving in the civil service or the Senior Executive
Service (or similar service for senior executives of particular
departments or agencies).
(b) Findings.--Congress finds that section 502 of the National
Security Act of 1947 (50 U.S.C. 3092) requires elements of the
intelligence community to keep the congressional intelligence
committees ``fully and currently informed'' about all ``intelligence
activities'' of the United States, and to ``furnish to the
congressional intelligence committees any information or material
concerning intelligence activities * * * which is requested by either
of the congressional intelligence committees in order to carry out its
authorized responsibilities.''.
(c) Sense of Congress.--It is the sense of Congress that--
(1) section 502 of the National Security Act of 1947 (50 U.S.C.
3092), together with other intelligence community authorities,
obligates an element of the intelligence community to submit to the
congressional intelligence committees written notification, by not
later than 7 days after becoming aware, that an individual in the
executive branch has disclosed covered classified information to an
official of an adversary foreign government using methods other
than established intelligence channels; and
(2) each such notification should include--
(A) the date and place of the disclosure of classified
information covered by the notification;
(B) a description of such classified information;
(C) identification of the individual who made such
disclosure and the individual to whom such disclosure was made;
and
(D) a summary of the circumstances of such disclosure.
SEC. 6746. SENSE OF CONGRESS ON CONSIDERATION OF ESPIONAGE ACTIVITIES
WHEN CONSIDERING WHETHER OR NOT TO PROVIDE VISAS TO FOREIGN INDIVIDUALS
TO BE ACCREDITED TO A UNITED NATIONS MISSION IN THE UNITED STATES.
It is the sense of the Congress that the Secretary of State, in
considering whether or not to provide a visa to a foreign individual to
be accredited to a United Nations mission in the United States, should
consider--
(1) known and suspected intelligence activities, espionage
activities, including activities constituting precursors to
espionage, carried out by the individual against the United States,
foreign allies of the United States, or foreign partners of the
United States; and
(2) the status of an individual as a known or suspected
intelligence officer for a foreign adversary.
SEC. 6747. SENSE OF CONGRESS ON WIKILEAKS.
It is the sense of Congress that WikiLeaks and the senior
leadership of WikiLeaks resemble a nonstate hostile intelligence
service often abetted by state actors and should be treated as such a
service by the United States.
DIVISION F--OTHER MATTERS
TITLE LXXI--SANCTIONS WITH RESPECT TO NORTH KOREA
Sec. 7101. Short title.
Subtitle A--Sanctions With Respect to North Korea
Sec. 7111. Sense of Congress.
Sec. 7112. Definitions.
Part I--Expansion of Sanctions and Related Matters
Sec. 7121. Sanctions with respect to foreign financial institutions that
provide financial services to certain sanctioned persons.
Sec. 7122. Mandatory designations under North Korea Sanctions and Policy
Enhancement Act of 2016.
Sec. 7123. Extension of applicability period of proliferation prevention
sanctions.
Sec. 7124. Opposition to assistance by the international financial
institutions.
Sec. 7125. Support for capacity of the International Monetary Fund to
prevent money laundering and financing of terrorism.
Sec. 7126. Report and briefings on compliance, penalties, and technical
assistance.
Sec. 7127. Sense of Congress on identification and blocking of property
of North Korean officials.
Sec. 7128. Modification of report on implementation of United Nations
Security Council resolutions by other governments.
Sec. 7129. Report on use by the Government of North Korea of beneficial
ownership rules to access the international financial system.
Part II--Congressional Review and Oversight
Sec. 7131. Notification of termination or suspension of sanctions.
Sec. 7132. Reports on certain licensing actions.
Sec. 7133. Report and briefings on financial networks and financial
methods of the Government of North Korea.
Sec. 7134. Report on countries of concern with respect to transshipment,
reexportation, or diversion of certain items to North Korea.
Part III--General Matters
Sec. 7141. Rulemaking.
Sec. 7142. Authority to consolidate reports.
Sec. 7143. Waivers, exemptions, and termination.
Sec. 7144. Procedures for review of classified and certain other
information.
Sec. 7145. Briefing on resourcing of sanctions programs.
Sec. 7146. Briefing on proliferation financing.
Sec. 7147. Exception relating to importation of goods.
Subtitle B--Financial Industry Guidance to Halt Trafficking
Sec. 7151. Short title.
Sec. 7152. Sense of Congress.
Sec. 7153. Coordination of human trafficking issues by the Office of
Terrorism and Financial Intelligence.
Sec. 7154. Strengthening the role of anti-money laundering and other
financial tools in combating human trafficking.
Sec. 7155. Sense of Congress on resources to combat human trafficking.
SEC. 7101. SHORT TITLE.
This title may be cited as the ``Otto Warmbier North Korea Nuclear
Sanctions and Enforcement Act of 2019''.
Subtitle A--Sanctions With Respect to North Korea
SEC. 7111. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States is committed to working with its allies
and partners to halt the nuclear and ballistic missile programs of
North Korea through a policy of maximum pressure and diplomatic
engagement;
(2) the imposition of sanctions, including those under this
title, should not be construed to limit the authority of the
President to fully engage in diplomatic negotiations to further the
policy objective described in paragraph (1);
(3) the successful use of sanctions to halt the nuclear and
ballistic missile programs of North Korea is part of a broader
diplomatic and economic strategy that relies on effective
coordination among relevant Federal agencies and officials, as well
as with international partners of the United States; and
(4) the coordination described in paragraph (3) should include
proper vetting of external messaging and communications from all
parts of the Executive branch to ensure that those communications
are an intentional component of and aligned with the strategy of
the United States with respect to North Korea.
SEC. 7112. DEFINITIONS.
In this subtitle, the terms ``applicable Executive order'',
``applicable United Nations Security Council resolution'',
``appropriate congressional committees'', ``Government of North
Korea'', ``North Korea'', ``North Korean financial institution'', and
``North Korean person'' have the meanings given those terms in section
3 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22
U.S.C. 9202).
PART I--EXPANSION OF SANCTIONS AND RELATED MATTERS
SEC. 7121. SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL INSTITUTIONS
THAT PROVIDE FINANCIAL SERVICES TO CERTAIN SANCTIONED PERSONS.
(a) In General.--Title II of the North Korea Sanctions and Policy
Enhancement Act of 2016 (22 U.S.C. 9221 et seq.) is amended by
inserting after section 201A the following:
``SEC. 201B. SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL INSTITUTIONS
THAT PROVIDE FINANCIAL SERVICES TO CERTAIN SANCTIONED PERSONS.
``(a) In General.--The Secretary of the Treasury shall impose one
or more of the sanctions described in subsection (b) with respect to a
foreign financial institution that the Secretary determines, in
consultation with the Secretary of State, knowingly, on or after the
date that is 120 days after the date of the enactment of the Otto
Warmbier North Korea Nuclear Sanctions and Enforcement Act of 2019,
provides significant financial services to any person designated for
the imposition of sanctions with respect to North Korea under--
``(1) subsection (a), (b), or (g) of section 104;
``(2) an applicable Executive order; or
``(3) an applicable United Nations Security Council resolution.
``(b) Sanctions Described.--The sanctions that may be imposed with
respect to a foreign financial institution subject to subsection (a)
are the following:
``(1) Asset blocking.--The Secretary may block and prohibit,
pursuant to the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.), all transactions in all property and
interests in property of the foreign financial institution if such
property and interests in property are in the United States, come
within the United States, or are or come within the possession or
control of a United States person.
``(2) Restrictions on correspondent and payable-through
accounts.--The Secretary may prohibit, or impose strict conditions
on, the opening or maintaining in the United States of a
correspondent account or a payable-through account by the foreign
financial institution.
``(c) Implementation; Penalties.--
``(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this section.
``(2) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of this section or any
regulation, license, or order issued to carry out this section
shall be subject to the penalties set forth in subsections (b) and
(c) of section 206 of the International Emergency Economic Powers
Act (50 U.S.C. 1705) to the same extent as a person that commits an
unlawful act described in subsection (a) of that section.
``(d) Regulations.--Not later than 120 days after the date of the
enactment of the Otto Warmbier North Korea Nuclear Sanctions and
Enforcement Act of 2019, the President shall, as appropriate, prescribe
regulations to carry out this section.
``(e) Exception Relating to Importation of Goods.--
``(1) In general.--Notwithstanding section 404(b) or any
provision of this section, the authorities and requirements to
impose sanctions under this section shall not include the authority
or a requirement to impose sanctions on the importation of goods.
``(2) Good defined.--In this subsection, the term `good' means
any article, natural or manmade substance, material, supply or
manufactured product, including inspection and test equipment, and
excluding technical data.
``(f) Definitions.--In this section:
``(1) Account; correspondent account; payable-through
account.--The terms `account', `correspondent account', and
`payable-through account' have the meanings given those terms in
section 5318A of title 31, United States Code.
``(2) Foreign financial institution.--The term `foreign
financial institution' has the meaning given that term in section
510.309 of title 31, Code of Federal Regulations (or any
corresponding similar regulation or ruling).
``(3) Knowingly.--The term `knowingly', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
``SEC. 201C. PROHIBITION ON TRANSACTIONS WITH CERTAIN SANCTIONED
PERSONS BY PERSONS OWNED OR CONTROLLED BY UNITED STATES FINANCIAL
INSTITUTIONS.
``(a) In General.--Not later than 180 days after the date of the
enactment of the Otto Warmbier North Korea Nuclear Sanctions and
Enforcement Act of 2019, the Secretary of the Treasury, in consultation
with the Secretary of State, shall prohibit an entity owned or
controlled by a United States financial institution and established or
maintained outside the United States from knowingly engaging in any
transaction described in subsection (b) directly or indirectly with the
Government of North Korea or any person designated for the imposition
of sanctions with respect to North Korea under--
``(1) subsection (a), (b), or (g) of section 104;
``(2) an applicable Executive order; or
``(3) an applicable United Nations Security Council resolution.
``(b) Transactions Described.--A transaction described in this
subsection is a transaction that would be prohibited by an order or
regulation issued pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) if the transaction were engaged in
in the United States or by a United States person.
``(c) Civil Penalties.--The civil penalty provided for in section
206(b) of the International Emergency Economic Powers Act (50 U.S.C.
1705(b)) shall apply to a United States financial institution to the
same extent that such penalty applies to a person that commits an
unlawful act described in section 206(a) of that Act if an entity owned
or controlled by the United States financial institution and
established or maintained outside the United States violates, attempts
to violate, conspires to violate, or causes a violation of any order or
regulation issued to implement subsection (a).
``(d) United States Financial Institution Defined.--In this
section, the term `United States financial institution' has the meaning
given the term `U.S. financial institution' in section 510.328 of title
31, Code of Federal Regulations (or any corresponding similar
regulation or ruling).''.
(b) Clerical Amendment.--The table of contents for the North Korea
Sanctions and Policy Enhancement Act of 2016 is amended by inserting
after the item relating to section 201A the following:
``Sec. 201B. Sanctions with respect to foreign financial institutions
that provide financial services to certain sanctioned persons.
``Sec. 201C. Prohibition on transactions with certain sanctioned persons
by persons owned or controlled by United States financial
institutions.''.
SEC. 7122. MANDATORY DESIGNATIONS UNDER NORTH KOREA SANCTIONS AND
POLICY ENHANCEMENT ACT OF 2016.
(a) In General.--Section 104 of the North Korea Sanctions and
Policy Enhancement Act of 2016 (22 U.S.C. 9214) is amended--
(1) by adding at the end the following:
``(g) Additional Mandatory Designations.--
``(1) In general.--Except as provided in section 208, the
President shall designate under this subsection any person that the
President determines--
``(A) knowingly, directly or indirectly, engages in the
importation from or exportation to North Korea of significant
quantities of--
``(i)(I) coal, textiles, seafood, iron, or iron ore; or
``(II) refined petroleum products or crude oil above
limits set by the United Nations Security Council and with
which the United States concurs; or
``(ii) services or technology related to goods
specified in clause (i);
``(B) knowingly facilitates a significant transfer of funds
or property of the Government of North Korea that materially
contributes to any violation of an applicable United Nations
Security Council resolution;
``(C) knowingly, directly or indirectly, engages in,
facilitates, or is responsible for the exportation of workers
from North Korea, or the employment of such workers, in a
manner that generates significant revenue, directly or
indirectly, for use by the Government of North Korea or by the
Workers' Party of Korea;
``(D) knowingly, directly or indirectly, sells or transfers
a significant number of vessels to North Korea, except as
specifically approved by the United Nations Security Council;
``(E) knowingly engages in a significant activity to
charter, insure, register, facilitate the registration of, or
maintain insurance or a registration for, a vessel owned,
controlled, commanded, or crewed by a North Korean person; or
``(F) knowingly contributes to and participates in--
``(i) a significant act of bribery of an official of
the Government of North Korea or any person acting for or
on behalf of that official;
``(ii) the misappropriation, theft, or embezzlement of
a significant amount of public funds by, or for the benefit
of, an official of the Government of North Korea or any
person acting for or on behalf of that official; or
``(iii) the use of any proceeds of any activity
described in subparagraph (A) or (B).'';
(2) in subsection (c), by inserting ``or (g)'' after
``subsection (a)'';
(3) in subsection (d)--
(A) by striking ``or'' the first place it appears and
inserting a comma; and
(B) by inserting ``, or (g)'' after ``(b)''; and
(4) in subsection (e)--
(A) by striking ``or'' the last place it appears and
inserting a comma; and
(B) by inserting ``, or (g)'' after ``(b)''.
(b) Conforming Amendments.--The North Korea Sanctions and Policy
Enhancement Act of 2016 is amended--
(1) in section 3(4) (22 U.S.C. 9202(4))--
(A) by striking ``or'' the first place it appears and
inserting a comma; and
(B) by inserting ``, or (g)'' after ``(b)''; and
(2) in section 102 (22 U.S.C. 9212)--
(A) in subsection (a), by inserting ``or (g)'' after
``section 104(a)'' each place it appears; and
(B) in subsection (b)(1)--
(i) by striking ``and'' the first place it appears and
inserting a comma; and
(ii) by inserting ``, and (g)'' after ``(b)''; and
(3) in section 204 (22 U.S.C. 9224), by inserting ``or (g)''
after ``section 104(a)'' each place it appears; and
(4) in section 302(b)(3) (22 U.S.C. 9241(b)(3)) is amended by
striking ``section 104(b)(1)(M)'' and inserting ``section
104(g)(1)(C)''.
SEC. 7123. EXTENSION OF APPLICABILITY PERIOD OF PROLIFERATION
PREVENTION SANCTIONS.
Section 203(b)(2) of the North Korea Sanctions and Policy
Enhancement Act of 2016 (22 U.S.C. 9223(b)(2)) is amended by striking
``2 years'' and inserting ``5 years''.
SEC. 7124. OPPOSITION TO ASSISTANCE BY THE INTERNATIONAL FINANCIAL
INSTITUTIONS.
(a) In General.--The Bretton Woods Agreements Act (22 U.S.C. 286 et
seq.) is amended by adding at the end the following:
``SEC. 73. OPPOSITION TO ASSISTANCE FOR ANY GOVERNMENT THAT FAILS TO
IMPLEMENT SANCTIONS ON NORTH KOREA.
``(a) In General.--The Secretary of the Treasury shall instruct the
United States Executive Director at each international financial
institution (as defined in section 1701(c) of the International
Financial Institutions Act (22 U.S.C. 262r(c))) that it is the policy
of the United States to oppose the provision by that institution of
financial assistance to a foreign government, other than assistance to
support basic human needs, if the President determines that, in the
year preceding consideration of approval of such assistance, the
government has knowingly failed to adequately enforce sanctions under
an applicable United Nations Security Council resolution (as defined in
section 3 of the North Korea Sanctions and Policy Enhancement Act of
2016 (22 U.S.C. 9202)).
``(b) Waiver.--The President may waive subsection (a) for up to 180
days at a time with respect to a foreign government if the President--
``(1) determines that--
``(A) the failure of the foreign government described in
subsection (a) is due exclusively to a lack of capacity on the
part of the foreign government;
``(B) the foreign government is taking effective steps to
prevent recurrence of such failure; or
``(C) the waiver is in the national security interests of
the United States; and
``(2) submits to Congress a report on the reasons for the
determination under paragraph (1).''.
(b) Termination.--Effective on the date that is 10 years after the
date of the enactment of this Act, section 73 of the Bretton Woods
Agreements Act, as added by subsection (a), is repealed.
SEC. 7125. SUPPORT FOR CAPACITY OF THE INTERNATIONAL MONETARY FUND TO
PREVENT MONEY LAUNDERING AND FINANCING OF TERRORISM.
(a) In General.--Title XVI of the International Financial
Institutions Act (22 U.S.C. 262p et seq.) is amended by adding at the
end the following:
``SEC. 1629. SUPPORT FOR CAPACITY OF THE INTERNATIONAL MONETARY FUND TO
PREVENT MONEY LAUNDERING AND FINANCING OF TERRORISM.
``The Secretary of the Treasury shall instruct the United States
Executive Director at the International Monetary Fund to use the voice
and vote of the United States to support the increased use of the
administrative budget of the Fund for technical assistance that
strengthens the capacity of members of the Fund to prevent money
laundering and the financing of terrorism.''.
(b) Termination.--Effective on the date that is 5 years after the
date of the enactment of this Act, section 1629 of the International
Financial Institutions Act, as added by subsection (a), is repealed.
(c) National Advisory Council Report to Congress.--The Chairman of
the National Advisory Council on International Monetary and Financial
Policies shall include in each report required by section 1701 of the
International Financial Institutions Act (22 U.S.C. 262r) after the
date of the enactment of this Act and before December 31, 2023, a
description of--
(1) the activities of the International Monetary Fund in the
fiscal year covered by the report to provide technical assistance
that strengthens the capacity of members of the Fund to prevent
money laundering and the financing of terrorism, and the
effectiveness of the assistance; and
(2) the efficacy of efforts by the United States to support
such technical assistance through the use of the Fund's
administrative budget, and the level of such support.
SEC. 7126. REPORT AND BRIEFINGS ON COMPLIANCE, PENALTIES, AND TECHNICAL
ASSISTANCE.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Treasury shall submit to
the committees specified in subsection (d) a report that includes--
(1) a list of financial institutions that, during the period
beginning on the date that is one year before the date of the
enactment of this Act and ending on the date of the report,
knowingly facilitated a significant transaction or transactions or
provided significant financial services for--
(A) any North Korean person designated under an applicable
Executive order;
(B) any North Korean person that knowingly facilitates the
transfer of bulk cash or covered goods (as defined under
section 1027.100 of title 31, Code of Federal Regulations (or
any corresponding similar regulation or ruling));
(C) any person that knowingly invests in, or participates
in a joint venture with, an entity in which the Government of
North Korea participates or an entity that is created or
organized under the laws of North Korea;
(D) any person that knowingly provides financial services,
including through a subsidiary or joint venture, in North
Korea;
(E) any person that knowingly provides specialized
teaching, training, or information or provides material or
technological support to a North Korean person that--
(i) may contribute to North Korea's development and
proliferation of weapons of mass destruction, including
systems designed in whole or in part for the delivery of
such weapons; or
(ii) may contribute to significant activities
undermining cybersecurity; and
(2) a description of efforts by the Department of the Treasury
during the period described in paragraph (1), through outreach,
consultations, technical assistance, or other appropriate
activities, to strengthen the capacity of financial institutions
and foreign governments to prevent the provision of financial
services benefitting any person subject to sanctions under--
(A) this Act or an amendment made by this Act;
(B) an applicable Executive order; or
(C) an applicable United Nations Security Council
resolution.
(b) Annual Briefings.--Not later than one year after the submission
of the report required by subsection (a), and annually thereafter until
the date that is 5 years after the date of the enactment of this Act,
the Secretary of the Treasury shall brief the committees specified in
subsection (d) on the matters covered by the report for the one-year
period preceding the briefing.
(c) Testimony Required.--Upon request of either of the committees
specified in subsection (d), the Under Secretary of the Treasury for
Terrorism and Financial Crimes shall testify to explain the effects of
this Act and the amendments made by this Act on North Korea's access to
illicit finance channels.
(d) Committees Specified.--The committees specified in this
subsection are--
(1) the Committee on Financial Services of the House of
Representatives; and
(2) the Committee on Banking, Housing, and Urban Affairs of the
Senate.
SEC. 7127. SENSE OF CONGRESS ON IDENTIFICATION AND BLOCKING OF PROPERTY
OF NORTH KOREAN OFFICIALS.
It is the sense of Congress that the President should--
(1) encourage international collaboration to counter the money
laundering, terrorist financing, and proliferation financing
threats emanating from North Korea; and
(2) prioritize multilateral efforts to identify and block--
(A) any property owned or controlled by a North Korean
official; and
(B) any significant proceeds of kleptocracy by the
Government of North Korea or a North Korean official.
SEC. 7128. MODIFICATION OF REPORT ON IMPLEMENTATION OF UNITED NATIONS
SECURITY COUNCIL RESOLUTIONS BY OTHER GOVERNMENTS.
Section 317 of the Korean Interdiction and Modernization of
Sanctions Act (title III of Public Law 115-44; 131 Stat. 950) is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``Not later than 180 days after the date of the enactment of
this Act, and annually thereafter for 5 years,'' and inserting
``Not later than 180 days after the date of the enactment of
the Otto Warmbier North Korea Nuclear Sanctions and Enforcement
Act of 2019, and annually thereafter for 5 years,'';
(B) in paragraph (3), by striking ``; or'' and inserting a
semicolon;
(C) by redesignating paragraph (4) as paragraph (8); and
(D) by inserting after paragraph (3) the following:
``(4) prohibit, in the territories of such countries or by
persons subject to the jurisdiction of such governments, the
opening of new joint ventures or cooperative entities with North
Korean persons or the expansion of existing joint ventures through
additional investments, whether or not for or on behalf of the
Government of North Korea, unless such joint ventures or
cooperative entities have been approved by the committee of the
United Nations Security Council established by United Nations
Security Council Resolution 1718 (2006);
``(5) prohibit the unauthorized clearing of funds by North
Korean financial institutions through financial institutions
subject to the jurisdiction of such governments;
``(6) prohibit the unauthorized conduct of commercial trade
with North Korea that is prohibited under applicable United Nations
Security Council resolutions;
``(7) prevent the provision of significant financial services
to North Korean persons or the transfer of such services to North
Korean persons to, through, or from the territories of such
countries or by persons subject to the jurisdiction of such
governments; or''; and
(2) by amending subsection (c) to read as follows:
``(c) Definitions.--In this section:
``(1) Appropriate congressional committees and leadership.--The
term `appropriate congressional committees and leadership' means--
``(A) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the majority and
minority leaders of the Senate; and
``(B) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Ways and Means, and the
Speaker, the majority leader, and the minority leader of the
House of Representatives.
``(2) Applicable united nations security council resolution;
north korean financial institution; north korean person.--The terms
`applicable United Nations Security Council resolution', `North
Korean financial institution', and `North Korean person' have the
meanings given those terms in section 3 of the North Korea
Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9202).''.
SEC. 7129. REPORT ON USE BY THE GOVERNMENT OF NORTH KOREA OF BENEFICIAL
OWNERSHIP RULES TO ACCESS THE INTERNATIONAL FINANCIAL SYSTEM.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Treasury, in consultation
with the Secretary of State, shall submit to the appropriate
congressional committees a report setting forth the findings of the
Secretary regarding how the Government of North Korea is exploiting the
laws of countries other than the United States with respect to the
beneficial owner of an entity in order to access the international
financial system.
(b) Elements.--The Secretary shall include in the report required
under subsection (a) proposals for such legislative and administrative
action as the Secretary considers appropriate to combat the abuse by
the Government of North Korea of shell companies and other similar
entities subject to the jurisdiction of governments other than the
United States Government to avoid or evade sanctions.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form but may include a classified annex.
PART II--CONGRESSIONAL REVIEW AND OVERSIGHT
SEC. 7131. NOTIFICATION OF TERMINATION OR SUSPENSION OF SANCTIONS.
Before taking any action to terminate or suspend the application of
sanctions under this subtitle or an amendment made by this subtitle,
the President shall notify the appropriate congressional committees of
the President's intent to take the action and the reasons for the
action.
SEC. 7132. REPORTS ON CERTAIN LICENSING ACTIONS.
(a) Report Required.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the President
shall submit to the committees specified in paragraph (2) a report
on the operation of the system for issuing licenses for
transactions under covered regulatory provisions during the
preceding 180-day period that includes--
(A) the number and types of such licenses applied for
during that period; and
(B) the number of such licenses issued during that period
and information identifying the person receiving each such
license.
(2) Committees specified.--The committees specified in this
paragraph are the following:
(A) The Committee on Financial Services and the Committee
on Foreign Affairs of the House of Representatives.
(B) The Committee on Banking, Housing, and Urban Affairs
and the Committee on Foreign Relations of the Senate.
(b) Submission of Copies of Licenses on Request.--The Secretary of
the Treasury shall expeditiously provide a copy of any license
identified in a report required by subsection (a)(1) to the Committee
on Financial Services of the House of Representatives and the Committee
on Banking, Housing, and Urban Affairs of the Senate if an appropriate
Member of Congress requests a copy of that license not later than 30
days after submission of the report.
(c) Form.--Each report required by subsection (a), and each copy of
a license submitted under subsection (b), shall be submitted in
unclassified form but may include a classified annex.
(d) Definitions.--In this section:
(1) Appropriate member of congress.--The term ``appropriate
Member of Congress'' means--
(A) the chairman or ranking member of the Committee on
Financial Services of the House of Representatives; or
(B) the chairman or ranking member of the Committee on
Banking, Housing, and Urban Affairs of the Senate.
(2) Covered regulatory provision.--The term ``covered
regulatory provision'' means any of the following provisions, as in
effect on the day before the date of the enactment of this Act and
as such provisions relate to North Korea:
(A) Part 743, 744, or 746 of title 15, Code of Federal
Regulations.
(B) Part 510 of title 31, Code of Federal Regulations.
(C) Any other provision of title 31, Code of Federal
Regulations.
SEC. 7133. REPORT AND BRIEFINGS ON FINANCIAL NETWORKS AND FINANCIAL
METHODS OF THE GOVERNMENT OF NORTH KOREA.
(a) Report Required.--
(1) In general.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit to the
appropriate congressional committees a report on sources of
external support for the Government of North Korea that includes--
(A) a description of the methods used by the Government of
North Korea to deal in, transact in, or conceal the ownership,
control, or origin of, goods and services exported by North
Korea;
(B) an assessment of the relationship between the
proliferation of weapons of mass destruction by the Government
of North Korea and the financial industry or financial
institutions;
(C) an assessment of the relationship between the
acquisition by the Government of North Korea of military
expertise, equipment, and technology and the financial industry
or financial institutions;
(D) a description of the export by any person to the United
States of goods, services, or technology that are made with
significant amounts of North Korean labor, material, or goods,
including minerals, manufacturing, seafood, overseas labor, or
other exports from North Korea;
(E) an assessment of the involvement of any person in human
trafficking involving citizens or nationals of North Korea;
(F) a description of how the President plans to address the
flow of funds generated by activities described in
subparagraphs (A) through (E), including through the use of
sanctions or other means;
(G) an assessment of the extent to which the Government of
North Korea engages in criminal activities, including money
laundering, to support that Government;
(H) information relating to the identification, blocking,
and release of property described in section 201B(b)(1) of the
North Korea Sanctions and Policy Enhancement Act of 2016, as
added by section 7121;
(I) a description of the metrics used to measure the
effectiveness of law enforcement and diplomatic initiatives of
Federal, State, and foreign governments to comply with the
provisions of applicable United Nations Security Council
resolutions; and
(J) an assessment of the effectiveness of programs within
the financial industry to ensure compliance with United States
sanctions, applicable United Nations Security Council
resolutions, and applicable Executive orders.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may include a classified annex.
(b) Briefings.--Not later than one year after the submission of the
report required by subsection (a), and annually thereafter until the
date that is 5 years after the date of the enactment of this Act, the
President shall brief the appropriate congressional committees on the
matters covered by the report for the one-year period preceding the
briefing.
(c) Interagency Coordination.--The President shall ensure that any
information collected pursuant to subsection (a) is shared among the
Federal departments and agencies involved in investigations described
in section 102(b) of the North Korea Sanctions and Policy Enhancement
Act of 2016 (22 U.S.C. 9212(b)).
SEC. 7134. REPORT ON COUNTRIES OF CONCERN WITH RESPECT TO
TRANSSHIPMENT, REEXPORTATION, OR DIVERSION OF CERTAIN ITEMS TO NORTH
KOREA.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter through 2023, the
Director of National Intelligence shall submit to the President, the
Secretary of Defense, the Secretary of Commerce, the Secretary of
State, the Secretary of the Treasury, and the appropriate congressional
committees a report that identifies all countries that the Director
determines are of concern with respect to transshipment, reexportation,
or diversion of items subject to the provisions of the Export
Administration Regulations under subchapter C of chapter VII of title
15, Code of Federal Regulations, to an entity owned or controlled by
the Government of North Korea.
(b) Form.--Each report required by subsection (a) shall be
submitted in unclassified form but may include a classified annex.
PART III--GENERAL MATTERS
SEC. 7141. RULEMAKING.
The President shall prescribe such rules and regulations as may be
necessary to carry out this subtitle and amendments made by this
subtitle.
SEC. 7142. AUTHORITY TO CONSOLIDATE REPORTS.
(a) In General.--Any and all reports required to be submitted to
the appropriate congressional committees under this subtitle or an
amendment made by this subtitle that are subject to a deadline for
submission consisting of the same unit of time may be consolidated into
a single report that is submitted pursuant to that deadline.
(b) Contents.--Any reports consolidated under subsection (a) shall
contain all information required under this subtitle or an amendment
made by this subtitle and any other elements that may be required by
existing law.
SEC. 7143. WAIVERS, EXEMPTIONS, AND TERMINATION.
(a) Application and Modification of Exemptions From and Waivers of
North Korea Sanctions and Policy Enhancement Act of 2016.--Section 208
of the North Korea Sanctions and Policy Enhancement Act of 2016 (22
U.S.C. 9228) is amended by inserting ``201B, 201C,'' after ``201A,''
each place it appears.
(b) Suspension.--
(1) In general.--Subject to section 7131, the President may
suspend the application of any provision of or amendment made by
this subtitle (other than section 7147 of this title or section
201B(e) of the North Korea Sanctions and Policy Enhancement Act of
2016, as added by section 7121 of this title) with respect to an
entity, individual, or transaction, for renewable periods of not
more than 180 days each if, before such a suspension or renewal of
such a suspension takes effect, the President submits to the
appropriate congressional committees--
(A) a certification that--
(i) the Government of North Korea has--
(I) committed to the verifiable suspension of North
Korea's proliferation and testing of weapons of mass
destruction, including systems designed in whole or in
part for the delivery of such weapons; and
(II) has agreed to multilateral talks including the
Government of the United States, with the goal of
permanently and verifiably limiting North Korea's
weapons of mass destruction and ballistic missile
programs; or
(ii) the suspension is vital to the national security
interests of the United States; and
(B) if the President submits a certification under
subparagraph (A)(ii), an explanation of the reasons the
suspension is vital to the national security interests of the
United States.
(2) Conforming amendment.--Section 401(a) of the North Korea
Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9251(a)) is
amended by inserting ``(other than section 104(g), 201B, or 201C)''
after ``such titles)''.
(c) Termination.--Subject to section 7131, any requirement to
impose sanctions under this subtitle or the amendments made by this
subtitle, and any sanctions imposed pursuant to this subtitle or any
such amendment, shall terminate on the date on which the President
makes the certification described in section 402 of the North Korea
Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9252).
SEC. 7144. PROCEDURES FOR REVIEW OF CLASSIFIED AND CERTAIN OTHER
INFORMATION.
(a) In General.--If a finding under this subtitle or an amendment
made by this subtitle, a prohibition, condition, or penalty imposed as
a result of any such finding, or a penalty imposed under this subtitle
or an amendment made by this subtitle, is based on classified
information (as defined in section 1(a) of the Classified Information
Procedures Act (18 U.S.C. App.)), law enforcement information, or any
other information protected from disclosure by statute, and a court
reviews the finding or the imposition of the prohibition, condition, or
penalty, the Secretary of the Treasury may submit such information to
the court ex parte and in camera.
(b) Rule of Construction.--Nothing in this section shall be
construed to confer or imply any right to judicial review of any
finding under this subtitle or an amendment made by this subtitle, any
prohibition, condition, or penalty imposed as a result of any such
finding, or any penalty imposed under this subtitle or an amendment
made by this subtitle.
SEC. 7145. BRIEFING ON RESOURCING OF SANCTIONS PROGRAMS.
Not later than 30 days after the date of the enactment of this Act,
the Secretary of the Treasury shall provide to the appropriate
congressional committees a briefing on--
(1) the resources allocated by the Department of the Treasury
to support each sanctions program administered by the Department;
and
(2) recommendations for additional authorities or resources
necessary to expand the capacity or capability of the Department
related to implementation and enforcement of such programs.
SEC. 7146. BRIEFING ON PROLIFERATION FINANCING.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Treasury, in consultation
with the Secretary of State, shall provide to the appropriate
congressional committees a briefing on addressing proliferation
finance.
(b) Elements.--The briefing required by subsection (a) shall
include the following:
(1) The Department of the Treasury's description of the
principles underlying appropriate methods for combating the
financing of the proliferation of weapons of mass destruction.
(2) An assessment of--
(A) Federal financial regulatory agency oversight,
including by the Financial Crimes Enforcement Network, of
United States financial institutions and the adoption by their
foreign subsidiaries, branches, and correspondent institutions
of the principles described under paragraph (1); and
(B) whether financial institutions in foreign jurisdictions
known by the United States intelligence and law enforcement
communities to be jurisdictions through which North Korea moves
substantial sums of licit and illicit finance are applying a
risk-based approach to proliferation financing, and if that
approach is comparable to the approach required by United
States financial institution supervisors.
(3) A survey of the technical assistance the Office of
Technical Assistance of the Department of the Treasury and other
appropriate Executive branch offices currently provide foreign
governments on implementing counter-proliferation financing best
practices.
(4) An assessment of the ability of foreign subsidiaries,
branches, and correspondent institutions of United States financial
institutions to implement a risk-based approach to proliferation
financing.
SEC. 7147. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--The authorities and requirements to impose
sanctions authorized under this subtitle or any amendment made by this
subtitle shall not include the authority or requirement to impose
sanctions on the importation of goods.
(b) Good Defined.--In this section, the term ``good'' means any
article, natural or manmade substance, material, supply or manufactured
product, including inspection and test equipment, and excluding
technical data.
Subtitle B--Financial Industry Guidance to Halt Trafficking
SEC. 7151. SHORT TITLE.
This subtitle may be cited as the ``Financial Industry Guidance to
Halt Trafficking Act'' or the ``FIGHT Act''.
SEC. 7152. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the President should aggressively apply, as appropriate,
existing sanctions for human trafficking authorized under section
111 of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7108);
(2) the Financial Crimes Enforcement Network of the Department
of the Treasury should continue--
(A) to monitor reporting required under subchapter II of
chapter 53 of title 31, United States Code (commonly known as
the ``Bank Secrecy Act'') and to update advisories, as
warranted;
(B) to periodically review its advisories to provide
covered financial institutions, as appropriate, with a list of
new ``red flags'' for identifying activities of concern,
particularly human trafficking;
(C) to encourage entities covered by the advisories
described in subparagraph (B) to incorporate relevant elements
provided in the advisories into their current transaction and
account monitoring systems or in policies, procedures, and
training on human trafficking to enable financial institutions
to maintain ongoing efforts to examine transactions and
accounts;
(D) to use geographic targeting orders, as appropriate, to
impose additional reporting and recordkeeping requirements
under section 5326(a) of title 31, United States Code, to carry
out the purposes of, and prevent evasions of, the Bank Secrecy
Act; and
(E) to utilize the Bank Secrecy Act Advisory Group and
other relevant entities to identify opportunities for
nongovernmental organizations to share relevant actionable
information on human traffickers' use of the financial sector
for nefarious purposes;
(3) Federal banking regulators, the Department of the Treasury,
relevant law enforcement agencies, and the Human Smuggling and
Trafficking Center, in partnership with representatives from the
United States financial community, should adopt regular forms of
sharing information to disrupt human trafficking, including
developing protocols and procedures to share actionable information
between and among covered institutions, law enforcement, and the
United States intelligence community;
(4) training frontline bank and money service business
employees, school teachers, law enforcement officers, foreign
service officers, counselors, and the general public is an
important factor in identifying trafficking victims;
(5) the Department of Homeland Security's Blue Campaign,
training by the BEST Employers Alliance, and similar efforts by
industry, human rights, and nongovernmental organizations focused
on human trafficking provide good examples of current efforts to
educate employees of critical sectors with respect to how to save
victims and disrupt trafficking networks;
(6) the President should intensify diplomatic efforts,
bilaterally and in appropriate international fora such as the
United Nations, to develop and implement a coordinated, consistent,
multilateral strategy for addressing the international financial
networks supporting human trafficking; and
(7) in deliberations between the United States Government and
any foreign country, including through participation in the Egmont
Group of Financial Intelligence Units, regarding money laundering,
corruption, and transnational crimes, the United States Government
should--
(A) encourage cooperation by foreign governments and
relevant international fora in identifying the extent to which
the proceeds from human trafficking are being used to
facilitate terrorist financing, corruption, or other illicit
financial crimes;
(B) encourage cooperation by foreign governments and
relevant international fora in identifying the nexus between
human trafficking and money laundering;
(C) advance policies that promote the cooperation of
foreign governments, through information sharing, training, or
other measures, in the enforcement of this subtitle;
(D) encourage other countries to assess their human
trafficking and money laundering risks in light of updated
guidance provided by the Financial Action Task Force in 2018;
and
(E) encourage the Egmont Group of Financial Intelligence
Units to study the extent to which human trafficking operations
are being used for money laundering, terrorist financing, or
other illicit financial purposes.
SEC. 7153. COORDINATION OF HUMAN TRAFFICKING ISSUES BY THE OFFICE OF
TERRORISM AND FINANCIAL INTELLIGENCE.
(a) Functions.--Section 312(a)(4) of title 31, United States Code,
is amended--
(1) by redesignating subparagraphs (E), (F), and (G) as
subparagraphs (F), (G), and (H), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) combating illicit financing relating to human
trafficking;''.
(b) Interagency Coordination.--Section 312(a) of such title is
amended by adding at the end the following:
``(8) Interagency coordination.--The Secretary of the Treasury,
after consultation with the Undersecretary for Terrorism and
Financial Crimes, shall designate an office within the OTFI that
shall coordinate efforts to combat the illicit financing of human
trafficking with--
``(A) other offices of the Department of the Treasury;
``(B) other Federal agencies, including--
``(i) the Office to Monitor and Combat Trafficking in
Persons of the Department of State; and
``(ii) the Interagency Task Force to Monitor and Combat
Trafficking;
``(C) State and local law enforcement agencies; and
``(D) foreign governments.''.
SEC. 7154. STRENGTHENING THE ROLE OF ANTI-MONEY LAUNDERING AND OTHER
FINANCIAL TOOLS IN COMBATING HUMAN TRAFFICKING.
(a) Interagency Task Force Recommendations Targeting Money
Laundering Related to Human Trafficking.--
(1) In general.--Not later than 270 days after the date of the
enactment of this Act, the Interagency Task Force to Monitor and
Combat Trafficking, with the concurrence of the Secretary of State
and the Secretary of the Treasury, shall submit to the Committee on
Banking, Housing, and Urban Affairs, the Committee on Foreign
Relations, and the Committee on the Judiciary of the Senate, the
Committee on Financial Services, the Committee on Foreign Affairs,
and the Committee on the Judiciary of the House of Representatives,
and each appropriate Federal banking agency--
(A) an analysis of anti-money laundering efforts of the
United States Government, United States financial institutions,
and international financial institutions (as defined in section
1701(c) of the International Financial Institutions Act (22
U.S.C. 262r(c))) related to human trafficking; and
(B) appropriate legislative, administrative, and other
recommendations to strengthen efforts against money laundering
related to human trafficking.
(2) Required recommendations.--The recommendations under
paragraph (1) shall include--
(A) best practices based on successful anti-human
trafficking programs currently in place at domestic and
international financial institutions that are suitable for
broader adoption;
(B) feedback from stakeholders, including victims of severe
forms of trafficking in persons, advocates of persons at risk
of becoming victims of severe forms of trafficking in persons,
the United States Advisory Council on Human Trafficking, civil
society organizations, and financial institutions on policy
proposals derived from the analysis conducted by the task force
referred to in paragraph (1) that would enhance the efforts and
programs of financial institutions to detect and deter money
laundering related to human trafficking, including any
recommended changes to internal policies, procedures, and
controls related to human trafficking;
(C) any recommended changes to training programs at
financial institutions to better equip employees to deter and
detect money laundering related to human trafficking; and
(D) any recommended changes to expand human trafficking-
related information sharing among financial institutions and
between such financial institutions, appropriate law
enforcement agencies, and appropriate Federal agencies.
(b) Additional Reporting Requirement.--Section 105(d)(7) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(d)(7)) is
amended--
(1) in the matter preceding subparagraph (A)--
(A) by inserting ``the Committee on Financial Services,''
after ``the Committee on Foreign Affairs''; and
(B) by inserting ``the Committee on Banking, Housing, and
Urban Affairs,'' after ``the Committee on Foreign Relations,'';
(2) in subparagraph (Q)(vii), by striking ``; and'' and
inserting a semicolon;
(3) in subparagraph (R), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(S) the efforts of the United States to eliminate money
laundering related to human trafficking and the number of
investigations, arrests, indictments, and convictions in money
laundering cases with a nexus to human trafficking.''.
(c) Required Review of Procedures.--Not later than 180 days after
the date of the enactment of this Act, the Federal Financial
Institutions Examination Council, in consultation with the Secretary of
the Treasury, victims of severe forms of trafficking in persons,
advocates of persons at risk of becoming victims of severe forms of
trafficking in persons, the United States Advisory Council on
Trafficking, civil society organizations, the private sector, and
appropriate law enforcement agencies, shall--
(1) review and enhance training and examination procedures to
improve the surveillance capabilities of anti-money laundering
programs and programs countering the financing of terrorism to
detect human trafficking-related financial transactions;
(2) review and enhance procedures for referring potential human
trafficking cases to the appropriate law enforcement agency; and
(3) determine, as appropriate, whether requirements for
financial institutions and covered financial institutions are
sufficient to detect and deter money laundering related to human
trafficking.
(d) Limitations.--Nothing in this section shall be construed to--
(1) grant rulemaking authority to the Interagency Task Force to
Monitor and Combat Trafficking; or
(2) authorize financial institutions to deny services to or
violate the privacy of victims of trafficking, victims of severe
forms of trafficking, or individuals not responsible for promoting
severe forms of trafficking in persons.
SEC. 7155. SENSE OF CONGRESS ON RESOURCES TO COMBAT HUMAN TRAFFICKING.
It is the sense of Congress that--
(1) adequate funding should be provided for critical Federal
efforts to combat human trafficking;
(2) the Department of the Treasury should have the appropriate
resources to vigorously investigate human trafficking networks
under section 111 of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7108) and other relevant statutes and Executive orders;
(3) the Department of the Treasury and the Department of
Justice should each have the capacity and appropriate resources to
support technical assistance to develop foreign partners' ability
to combat human trafficking through strong national anti-money
laundering programs and programs countering the financing of
terrorism;
(4) each United States Attorney's Office should be provided
appropriate funding to increase the number of personnel for
community education and outreach and investigative support and
forensic analysis related to human trafficking; and
(5) the Department of State should be provided additional
resources, as necessary, to carry out the Survivors of Human
Trafficking Empowerment Act (section 115 of Public Law 114-22; 129
Stat. 243).
TITLE LXXII--SANCTIONS WITH RESPECT TO FOREIGN TRAFFICKERS OF ILLICIT
SYNTHETIC OPIOIDS
Sec. 7201. Short title.
Sec. 7202. Sense of Congress.
Sec. 7203. Definitions.
Subtitle A--Sanctions With Respect to Foreign Opioid Traffickers
Sec. 7211. Identification of foreign opioid traffickers.
Sec. 7212. Imposition of sanctions.
Sec. 7213. Description of sanctions.
Sec. 7214. Waivers.
Sec. 7215. Procedures for judicial review of classified information.
Sec. 7216. Briefings on implementation.
Sec. 7217. Inclusion of additional material in International Narcotics
Control Strategy Report.
Subtitle B--Commission on Combating Synthetic Opioid Trafficking
Sec. 7221. Commission on combating synthetic opioid trafficking.
Subtitle C--Other Matters
Sec. 7231. Director of National Intelligence program on use of
intelligence resources in efforts to sanction foreign opioid
traffickers.
Sec. 7232. Authorization of appropriations.
Sec. 7233. Regulatory authority.
Sec. 7234. Termination.
Sec. 7235. Exception relating to importation of goods.
SEC. 7201. SHORT TITLE.
This title may be cited as the ``Fentanyl Sanctions Act''.
SEC. 7202. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States should apply economic and other financial
sanctions to foreign traffickers of illicit opioids to protect the
national security, foreign policy, and economy of the United States
and the health of the people of the United States;
(2) it is imperative that the People's Republic of China follow
through on full implementation of the new regulations, adopted May
1, 2019, to treat all fentanyl analogues as controlled substances
under the laws of the People's Republic of China, including by
devoting sufficient resources for implementation and strict
enforcement of the new regulations; and
(3) the effective enforcement of the new regulations should
result in diminished trafficking of illicit fentanyl originating
from the People's Republic of China into the United States.
SEC. 7203. DEFINITIONS.
In this title:
(1) Alien; national; national of the united states.--The terms
``alien'', ``national'', and ``national of the United States'' have
the meanings given those terms in section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees and leadership.--The
term ``appropriate congressional committees and leadership''
means--
(A) the Committee on Appropriations, the Committee on Armed
Services, the Committee on Banking, Housing, and Urban Affairs,
the Committee on Foreign Relations, the Committee on Homeland
Security and Governmental Affairs, the Committee on the
Judiciary, the Select Committee on Intelligence, and the
majority leader and the minority leader of the Senate; and
(B) the Committee on Appropriations, the Committee on Armed
Services, the Committee on Financial Services, the Committee on
Foreign Affairs, the Committee on Homeland Security, the
Committee on the Judiciary, the Committee on Oversight and
Reform, the Permanent Select Committee on Intelligence, and the
Speaker and the minority leader of the House of
Representatives.
(3) Controlled substance; listed chemical.--The terms
``controlled substance'', ``listed chemical'', ``narcotic drug'',
and ``opioid'' have the meanings given those terms in section 102
of the Controlled Substances Act (21 U.S.C. 802).
(4) Entity.--The term ``entity'' means a partnership, joint
venture, association, corporation, organization, network, group, or
subgroup, or any form of business collaboration.
(5) Foreign opioid trafficker.--The term ``foreign opioid
trafficker'' means any foreign person that the President determines
plays a significant role in opioid trafficking.
(6) Foreign person.--The term ``foreign person''--
(A) means--
(i) any citizen or national of a foreign country; or
(ii) any entity not organized under the laws of the
United States or a jurisdiction within the United States;
and
(B) does not include the government of a foreign country.
(7) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(8) Opioid trafficking.--The term ``opioid trafficking'' means
any illicit activity--
(A) to produce, manufacture, distribute, sell, or knowingly
finance or transport--
(i) synthetic opioids, including controlled substances
that are synthetic opioids and listed chemicals that are
synthetic opioids; or
(ii) active pharmaceutical ingredients or chemicals
that are used in the production of controlled substances
that are synthetic opioids;
(B) to attempt to carry out an activity described in
subparagraph (A); or
(C) to assist, abet, conspire, or collude with other
persons to carry out such an activity.
(9) Person.--The term ``person'' means an individual or entity.
(10) United states person.--The term ``United States person''
means--
(A) any citizen or national of the United States;
(B) any alien lawfully admitted for permanent residence in
the United States;
(C) any entity organized under the laws of the United
States or any jurisdiction within the United States (including
a foreign branch of such an entity); or
(D) any person located in the United States.
Subtitle A--Sanctions With Respect to Foreign Opioid Traffickers
SEC. 7211. IDENTIFICATION OF FOREIGN OPIOID TRAFFICKERS.
(a) Public Report.--
(1) In general.--The President shall submit to the appropriate
congressional committees and leadership, in accordance with
subsection (c), a report--
(A) identifying the foreign persons that the President
determines are foreign opioid traffickers;
(B) detailing progress the President has made in
implementing this subtitle; and
(C) providing an update on cooperative efforts with the
governments of Mexico, the People's Republic of China, and
other countries of concern with respect to combating foreign
opioid traffickers.
(2) Identification of additional persons.--If, at any time
after submitting a report required by paragraph (1) and before the
submission of the next such report, the President determines that a
foreign person not identified in the report is a foreign opioid
trafficker, the President shall submit to the appropriate
congressional committees and leadership an additional report
containing the information required by paragraph (1) with respect
to the foreign person.
(3) Exclusion.--The President shall not be required to include
in a report under paragraph (1) or (2) any persons with respect to
which the United States has imposed sanctions before the date of
the report under this subtitle or any other provision of law with
respect to opioid trafficking.
(4) Form of report.--
(A) In general.--Each report required by paragraph (1) or
(2) shall be submitted in unclassified form but may include a
classified annex.
(B) Availability to public.--The unclassified portion of a
report required by paragraph (1) or (2) shall be made available
to the public.
(b) Classified Report.--
(1) In general.--The President shall submit to the appropriate
congressional committees and leadership, in accordance with
subsection (c), a report, in classified form--
(A) describing in detail the status of sanctions imposed
under this subtitle, including the personnel and resources
directed toward the imposition of such sanctions during the
preceding fiscal year;
(B) providing background information with respect to
persons newly identified as foreign opioid traffickers and
their illicit activities;
(C) describing actions the President intends to undertake
or has undertaken to implement this subtitle; and
(D) providing a strategy for identifying additional foreign
opioid traffickers.
(2) Effect on other reporting requirements.--The report
required by paragraph (1) is in addition to, and in no way delimits
or restricts, the obligations of the President to keep Congress
fully and currently informed pursuant to the provisions of the
National Security Act of 1947 (50 U.S.C. 3001 et seq.).
(c) Submission of Reports.--Not later than 180 days after the date
of the enactment of this Act, and annually thereafter until the date
that is 5 years after such date of enactment, the President shall
submit the reports required by subsections (a) and (b) to the
appropriate congressional committees and leadership.
(d) Exclusion of Certain Information.--
(1) Intelligence.--Notwithstanding any other provision of this
section, a report required by subsection (a) or (b) shall not
disclose the identity of any person if the Director of National
Intelligence determines that such disclosure could compromise an
intelligence operation, activity, source, or method of the United
States.
(2) Law enforcement.--Notwithstanding any other provision of
this section, a report required by subsection (a) or (b) shall not
disclose the identity of any person if the Attorney General, in
coordination, as appropriate, with the Director of the Federal
Bureau of Investigation, the Administrator of the Drug Enforcement
Administration, the Secretary of the Treasury, the Secretary of
State, and the head of any other appropriate Federal law
enforcement agency, determines that such disclosure could
reasonably be expected--
(A) to compromise the identity of a confidential source,
including a State, local, or foreign agency or authority or any
private institution that furnished information on a
confidential basis;
(B) to jeopardize the integrity or success of an ongoing
criminal investigation or prosecution;
(C) to endanger the life or physical safety of any person;
or
(D) to cause substantial harm to physical property.
(3) Notification required.--If the Director of National
Intelligence makes a determination under paragraph (1) or the
Attorney General makes a determination under paragraph (2), the
Director or the Attorney General, as the case may be, shall notify
the appropriate congressional committees and leadership of the
determination and the reasons for the determination.
(4) Rule of construction.--Nothing in this section may be
construed to authorize or compel the disclosure of information
determined by the President to be law enforcement information,
classified information, national security information, or other
information the disclosure of which is prohibited by any other
provision of law.
(e) Provision of Information Required for Reports.--The Secretary
of the Treasury, the Attorney General, the Secretary of Defense, the
Secretary of State, the Secretary of Homeland Security, and the
Director of National Intelligence shall consult among themselves and
provide to the President and the Director of the Office of National
Drug Control Policy the appropriate and necessary information to enable
the President to submit the reports required by subsection (a).
SEC. 7212. IMPOSITION OF SANCTIONS.
The President shall impose five or more of the sanctions described
in section 7213 with respect to each foreign person that is an entity,
and four or more of such sanctions with respect to each foreign person
that is an individual, that--
(1) is identified as a foreign opioid trafficker in a report
submitted under section 7211(a); or
(2) the President determines is owned, controlled, directed by,
knowingly supplying or sourcing precursors for, or knowingly acting
for or on behalf of, such a foreign opioid trafficker.
SEC. 7213. DESCRIPTION OF SANCTIONS.
(a) In General.--The sanctions that may be imposed with respect to
a foreign person under section 7212 are the following:
(1) Loans from united states financial institutions.--The
United States Government may prohibit any United States financial
institution from making loans or providing credits to the foreign
person.
(2) Prohibitions on financial institutions.--The following
prohibitions may be imposed with respect to a foreign person that
is a financial institution:
(A) Prohibition on designation as primary dealer.--Neither
the Board of Governors of the Federal Reserve System nor the
Federal Reserve Bank of New York may designate, or permit the
continuation of any prior designation of, the financial
institution as a primary dealer in United States Government
debt instruments.
(B) Prohibition on service as a repository of government
funds.--The financial institution may not serve as agent of the
United States Government or serve as repository for United
States Government funds.
The imposition of either sanction under subparagraph (A) or (B)
shall be treated as one sanction for purposes of section 7212, and
the imposition of both such sanctions shall be treated as 2
sanctions for purposes of that section.
(3) Procurement ban.--The United States Government may not
procure, or enter into any contract for the procurement of, any
goods or services from the foreign person.
(4) Foreign exchange.--The President may, pursuant to such
regulations as the President may prescribe, prohibit any
transactions in foreign exchange that are subject to the
jurisdiction of the United States and in which the foreign person
has any interest.
(5) Banking transactions.--The President may, pursuant to such
regulations as the President may prescribe, prohibit any transfers
of credit or payments between financial institutions or by,
through, or to any financial institution, to the extent that such
transfers or payments are subject to the jurisdiction of the United
States and involve any interest of the foreign person.
(6) Property transactions.--The President may, pursuant to such
regulations as the President may prescribe, prohibit any person
from--
(A) acquiring, holding, withholding, using, transferring,
withdrawing, or transporting any property that is subject to
the jurisdiction of the United States and with respect to which
the foreign person has any interest;
(B) dealing in or exercising any right, power, or privilege
with respect to such property; or
(C) conducting any transaction involving such property.
(7) Ban on investment in equity or debt of sanctioned person.--
The President may, pursuant to such regulations or guidelines as
the President may prescribe, prohibit any United States person from
investing in or purchasing significant amounts of equity or debt
instruments of the foreign person.
(8) Exclusion of corporate officers.--The President may direct
the Secretary of State to deny a visa to, and the Secretary of
Homeland Security to exclude from the United States, any alien that
the President determines is a corporate officer or principal of, or
a shareholder with a controlling interest in, the foreign person.
(9) Sanctions on principal executive officers.--The President
may impose on the principal executive officer or officers of the
foreign person, or on individuals performing similar functions and
with similar authorities as such officer or officers, any of the
sanctions described in paragraphs (1) through (8) that are
applicable.
(b) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of any regulation, license,
or order issued to carry out subsection (a) shall be subject to the
penalties set forth in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705) to the
same extent as a person that commits an unlawful act described in
subsection (a) of that section.
(c) Exceptions.--
(1) Intelligence and law enforcement activities.--Sanctions
under this section shall not apply with respect to--
(A) any activity subject to the reporting requirements
under title V of the National Security Act of 1947 (50 U.S.C.
3091 et seq.); or
(B) any authorized intelligence or law enforcement
activities of the United States.
(2) Exception to comply with united nations headquarters
agreement.--Sanctions under subsection (a)(8) shall not apply to an
alien if admitting the alien into the United States is necessary to
permit the United States to comply with the Agreement regarding the
Headquarters of the United Nations, signed at Lake Success June 26,
1947, and entered into force November 21, 1947, between the United
Nations and the United States, the Convention on Consular
Relations, done at Vienna April 24, 1963, and entered into force
March 19, 1967, or other applicable international obligations.
(d) Implementation.--The President may exercise all authorities
provided under sections 203 and 205 of the International Emergency
Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this
section.
SEC. 7214. WAIVERS.
(a) Waiver for State-owned Entities in Countries That Cooperate in
Multilateral Anti-trafficking Efforts.--
(1) In general.--The President may waive for a period of not
more than 12 months the application of sanctions under this
subtitle with respect to an entity that is owned or controlled,
directly or indirectly, by a foreign government or any political
subdivision, agency, or instrumentality of a foreign government,
if, not less than 15 days before the waiver is to take effect, the
President certifies to the appropriate congressional committees and
leadership that the foreign government is closely cooperating with
the United States in efforts to prevent opioid trafficking.
(2) Certification.--The President may certify under paragraph
(1) that a foreign government is closely cooperating with the
United States in efforts to prevent opioid trafficking if that
government is--
(A) implementing domestic laws to schedule all fentanyl
analogues as controlled substances; and
(B) doing two or more of the following:
(i) Implementing substantial improvements in
regulations involving the chemical and pharmaceutical
production and export of illicit opioids.
(ii) Implementing substantial improvements in judicial
regulations to combat transnational criminal organizations
that traffic opioids.
(iii) Increasing efforts to prosecute foreign opioid
traffickers.
(iv) Increasing intelligence sharing and law
enforcement cooperation with the United States with respect
to opioid trafficking.
(3) Subsequent renewal of waiver.--The President may renew a
waiver under paragraph (1) for subsequent periods of not more than
12 months each if, not less than 15 days before the renewal is to
take effect, the Secretary of State certifies to the appropriate
congressional committees and leadership that the government of the
country to which the waiver applies has effectively implemented and
is effectively enforcing the measures that formed the basis for the
certification under paragraph (2).
(b) Waivers for National Security and Access to Prescription
Medications.--
(1) In general.--The President may waive the application of
sanctions under this subtitle if the President determines that the
application of such sanctions would harm--
(A) the national security interests of the United States;
or
(B) subject to paragraph (2), the access of United States
persons to prescription medications.
(2) Monitoring.--The President shall establish a monitoring
program to verify that a person that receives a waiver under
paragraph (1)(B) is not trafficking illicit opioids.
(3) Notification.--Not later than 15 days after making a
determination under paragraph (1), the President shall notify the
appropriate congressional committees and leadership of the
determination and the reasons for the determination.
(c) Humanitarian Waiver.--The President may waive, for renewable
periods of 180 days, the application of the sanctions under this
subtitle if the President certifies to the appropriate congressional
committees and leadership that the waiver is necessary for the
provision of humanitarian assistance.
SEC. 7215. PROCEDURES FOR JUDICIAL REVIEW OF CLASSIFIED INFORMATION.
(a) In General.--If a finding under this subtitle, or a
prohibition, condition, or penalty imposed as a result of any such
finding, is based on classified information (as defined in section 1(a)
of the Classified Information Procedures Act (18 U.S.C. App.)) and a
court reviews the finding or the imposition of the prohibition,
condition, or penalty, the President may submit such information to the
court ex parte and in camera.
(b) Rule of Construction.--Nothing in this section shall be
construed--
(1) to confer or imply any right to judicial review of any
finding under this subtitle, or any prohibition, condition, or
penalty imposed as a result of any such finding; or
(2) to limit or restrict any other practice, procedure, right,
remedy, or safeguard that--
(A) relates to the protection of classified information;
and
(B) is available to the United States in connection with
any type of administrative hearing, litigation, or other
proceeding.
SEC. 7216. BRIEFINGS ON IMPLEMENTATION.
Not later than 90 days after the date of the enactment of this Act,
and every 180 days thereafter until the date that is 5 years after such
date of enactment, the President, acting through the Secretary of State
and the Director of National Intelligence, in coordination with the
Secretary of the Treasury, shall provide to the appropriate
congressional committees and leadership a comprehensive briefing on
efforts to implement this subtitle.
SEC. 7217. INCLUSION OF ADDITIONAL MATERIAL IN INTERNATIONAL NARCOTICS
CONTROL STRATEGY REPORT.
(a) Sense of Congress.--It is the sense of Congress that, in order
to apply economic and other financial sanctions to foreign traffickers
of illicit opioids to protect the national security, foreign policy,
and economy of the United States--
(1) the President should instruct the Secretary of State to
intensify diplomatic efforts, both in appropriate international
fora such as the United Nations, the Group of Seven, the Group of
Twenty, and trilaterally and bilaterally with partners of the
United States, to combat foreign opioid trafficking, including by
working to establish a multilateral sanctions regime with respect
to foreign opioid trafficking; and
(2) the Secretary of State, in consultation with the Secretary
of the Treasury, should intensify efforts to maintain and
strengthen the coalition of countries formed to combat foreign
opioid trafficking.
(b) Amendment to Foreign Assistance Act of 1961.--Section 489(a) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2291(a)) is amended by
adding at the end the following:
``(9)(A) An assessment conducted by the Secretary of State, in
consultation with the Secretary of the Treasury and the Director of
National Intelligence, of the extent to which any diplomatic
efforts described in section 7217(a) of the Fentanyl Sanctions Act
have been successful.
``(B) Each assessment required by subparagraph (A) shall
include an identification of--
``(i) the countries the governments of which have agreed to
undertake measures to apply economic or other financial
sanctions to foreign traffickers of illicit opioids and a
description of those measures; and
``(ii) the countries the governments of which have not
agreed to measures described in clause (i), and, with respect
to those countries, other measures the Secretary of State
recommends that the United States take to apply economic and
other financial sanctions to foreign traffickers of illicit
opioids.''.
Subtitle B--Commission on Combating Synthetic Opioid Trafficking
SEC. 7221. COMMISSION ON COMBATING SYNTHETIC OPIOID TRAFFICKING.
(a) Establishment.--
(1) In general.--There is established a commission to develop a
consensus on a strategic approach to combating the flow of
synthetic opioids into the United States.
(2) Designation.--The commission established under paragraph
(1) shall be known as the ``Commission on Combating Synthetic
Opioid Trafficking'' (in this section referred to as the
``Commission'').
(b) Membership.--
(1) Composition.--
(A) In general.--Subject to subparagraph (B), the
Commission shall be composed of the following members:
(i) The Director of the Office of National Drug Control
Policy.
(ii) The Administrator of the Drug Enforcement
Administration.
(iii) The Secretary of Homeland Security.
(iv) The Secretary of Defense.
(v) The Secretary of the Treasury.
(vi) The Secretary of State.
(vii) The Director of National Intelligence.
(viii) Two members appointed by the majority leader of
the Senate, one of whom shall be a Member of the Senate and
one of whom shall not be.
(ix) Two members appointed by the minority leader of
the Senate, one of whom shall be a Member of the Senate and
one of whom shall not be.
(x) Two members appointed by the Speaker of the House
of Representatives, one of whom shall be a Member of the
House of Representatives and one of whom shall not be.
(xi) Two members appointed by the minority leader of
the House of Representatives, one of whom shall be a Member
of the House of Representatives and one of whom shall not
be.
(B)(i) The members of the Commission who are not Members of
Congress and who are appointed under clauses (viii) through
(xi) of subparagraph (A) shall be individuals who are
nationally recognized for expertise, knowledge, or experience
in--
(I) transnational criminal organizations conducting
synthetic opioid trafficking;
(II) the production, manufacturing, distribution, sale,
or transportation of synthetic opioids; or
(III) relations between--
(aa) the United States; and
(bb) the People's Republic of China, Mexico, or any
other country of concern with respect to trafficking in
synthetic opioids.
(ii) An official who appoints members of the Commission may
not appoint an individual as a member of the Commission if the
individual possesses any personal or financial interest in the
discharge of any of the duties of the Commission.
(iii)(I) All members of the Commission described in clause
(i) shall possess an appropriate security clearance in
accordance with applicable provisions of law concerning the
handling of classified information.
(II) For the purpose of facilitating the activities of the
Commission, the Director of National Intelligence shall
expedite to the fullest degree possible the processing of
security clearances that are necessary for members of the
Commission.
(2) Co-chairs.--
(A) In general.--The Commission shall have 2 co-chairs,
selected from among the members of the Commission, one of whom
shall be a member of the majority party and one of whom shall
be a member of the minority party.
(B) Selection.--The individuals who serve as the co-chairs
of the Commission shall be jointly agreed upon by the
President, the majority leader of the Senate, the minority
leader of the Senate, the Speaker of the House of
Representatives, and the minority leader of the House of
Representatives.
(c) Duties.--The duties of the Commission are as follows:
(1) To define the core objectives and priorities of the
strategic approach described in subsection (a)(1).
(2) To weigh the costs and benefits of various strategic
options to combat the flow of synthetic opioids from the People's
Republic of China, Mexico, and other countries of concern with
respect to trafficking in synthetic opioids.
(3) To evaluate whether the options described in paragraph (2)
are exclusive or complementary, the best means for executing such
options, and how the United States should incorporate and implement
such options within the strategic approach described in subsection
(a)(1).
(4) To review and make determinations on the difficult choices
present within such options, among them what norms-based regimes
the United States should seek to establish to encourage the
effective regulation of dangerous synthetic opioids.
(5) To report on efforts by actors in the People's Republic of
China to subvert United States laws and to supply illicit synthetic
opioids to persons in the United States, including up-to-date
estimates of the scale of illicit synthetic opioids flows from the
People's Republic of China.
(6) To report on the deficiencies in the regulation of
pharmaceutical and chemical production of controlled substances and
export controls with respect to such substances in the People's
Republic of China and other countries that allow opioid traffickers
to subvert such regulations and controls to traffic illicit opioids
into the United States.
(7) To report on the scale of contaminated or counterfeit drugs
originating from Mexico, the People's Republic of China, India, and
other countries of concern with respect to the exportation of
contaminated or counterfeit drugs.
(8) To report on how the United States could work more
effectively with subnational and local officials in the People's
Republic of China and other countries to combat the illicit
production of synthetic opioids.
(9) In weighing the options for defending the United States
against the dangers of trafficking in synthetic opioids, to
consider possible structures and authorities that need to be
established, revised, or augmented within the Federal Government.
(d) Functioning of Commission.--The provisions of subsections (c),
(d), (e), (g), (h), (i), and (m) of section 1652 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232) shall apply to the Commission to the same extent and in the
same manner as such provisions apply to the commission established
under that section, except that--
(1) subsection (c)(1) of that section shall be applied and
administered by substituting ``30 days'' for ``45 days'';
(2) subsection (g)(4)(A) of that section shall be applied and
administered by inserting ``and the Attorney General'' after
``Secretary of Defense''; and
(3) subsections (h)(2)(A) and (i)(1)(A) of that section shall
be applied and administered by substituting ``level V of the
Executive Schedule under section 5316'' for ``level IV of the
Executive Schedule under section 5315''.
(e) Treatment of Information Provided to Commission.--
(1) Information relating to national security.--
(A) Responsibility of director of national intelligence.--
The Director of National Intelligence shall assume
responsibility for the handling and disposition of any
information related to the national security of the United
States that is received, considered, or used by the Commission
under this section.
(B) Access after termination of commission.--
Notwithstanding any other provision of law, after the
termination of the Commission under subsection (h), only the
members and designated staff of the appropriate congressional
committees and leadership, the Director of National
Intelligence (and the designees of the Director), and such
other officials of the executive branch as the President may
designate shall have access to information related to the
national security of the United States that is received,
considered, or used by the Commission.
(2) Information provided by congress.--The Commission may
obtain information from any Member, committee, or office of
Congress, including information related to the national security of
the United States, only with the consent of the Member, committee,
or office involved and only in accordance with any applicable rules
and procedures of the House of Representatives or Senate (as the
case may be) governing the provision of such information by
Members, committees, and offices of Congress to entities in the
executive branch.
(f) Reports.--The Commission shall submit to the appropriate
congressional committees and leadership--
(1) not later than 270 days after the date of the enactment of
this Act, an initial report on the activities and recommendations
of the Commission under this section; and
(2) not later than 270 days after the submission of the initial
report under paragraph (1), a final report on the activities and
recommendations of the Commission under this section.
(g) Termination.--
(1) In general.--The Commission, and all the authorities of
this section, shall terminate at the end of the 120-day period
beginning on the date on which the final report required by
subsection (f)(2) is submitted to the appropriate congressional
committees and leadership.
(2) Winding up of affairs.--The Commission may use the 120-day
period described in paragraph (1) for the purposes of concluding
its activities, including providing testimony to Congress
concerning the final report required by subsection (f)(2) and
disseminating the report.
Subtitle C--Other Matters
SEC. 7231. DIRECTOR OF NATIONAL INTELLIGENCE PROGRAM ON USE OF
INTELLIGENCE RESOURCES IN EFFORTS TO SANCTION FOREIGN OPIOID
TRAFFICKERS.
(a) Program Required.--
(1) In general.--The Director of National Intelligence shall,
in consultation with the Director of the Office of National Drug
Control Policy, carry out a program to allocate and enhance use of
resources of the intelligence community, including intelligence
collection and analysis, to assist the Secretary of the Treasury,
the Secretary of State, and the Administrator of the Drug
Enforcement Administration in efforts to identify and impose
sanctions with respect to foreign opioid traffickers under subtitle
A.
(2) Focus on illicit finance.--To the extent practicable,
efforts described in paragraph (1) shall--
(A) take into account specific illicit finance risks
related to narcotics trafficking; and
(B) be developed in consultation with the Undersecretary of
the Treasury for Terrorism and Financial Crimes, appropriate
officials of the Office of Intelligence and Analysis of the
Department of the Treasury, the Director of the Financial
Crimes Enforcement Network, and appropriate Federal law
enforcement agencies.
(b) Review of Counternarcotics Efforts of the Intelligence
Community.--The Director of National Intelligence shall, in
coordination with the Director of the Office of National Drug Control
Policy, carry out a comprehensive review of the current intelligence
collection priorities of the intelligence community for
counternarcotics purposes in order to identify whether such priorities
are appropriate and sufficient in light of the number of lives lost in
the United States each year due to use of illegal drugs.
(c) Reports.--
(1) Quarterly reports on program.--Not later than 90 days after
the date of the enactment of this Act, and every 90 days
thereafter, the Director of National Intelligence and the Director
of the Office of National Drug Control Policy shall jointly submit
to the appropriate congressional committees and leadership a report
on the status and accomplishments of the program required by
subsection (a) during the 90-day period ending on the date of the
report. The first report under this paragraph shall also include a
description of the amount of funds devoted by the intelligence
community to the efforts described in subsection (a) during each of
fiscal years 2017 and 2018.
(2) Report on review.--Not later than 120 days after the date
of the enactment of this Act, the Director of National
Intelligence, in consultation with the Director of the Office of
National Drug Control Policy and other relevant agencies, shall
submit to the appropriate congressional committees and leadership--
(A) a comprehensive description of the results of the
review required by subsection (b); and
(B) an assessment of whether--
(i) the priorities described in that subsection are
appropriate and sufficient in light of the number of lives
lost in the United States each year due to use of illegal
drugs; and
(ii) any changes to such priorities are necessary.
(d) Intelligence Community Defined.--In this section, the term
``intelligence community'' has the meaning given that term in section
3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).
SEC. 7232. AUTHORIZATION OF APPROPRIATIONS.
(a) Department of the Treasury.--There are authorized to be
appropriated to the Secretary of the Treasury such sums as may be
necessary for fiscal year 2020 to carry out operations and activities
of the Department of the Treasury solely for purposes of carrying out
this title.
(b) Commission on Combating Synthetic Opioid Trafficking.--Of the
amount authorized to be appropriated by section 1403 for fiscal year
2020 and available for Drug Interdiction and Counter-Drug Activities,
Defense-wide, as specified in the funding table in section 4501, the
Secretary of Defense may, notwithstanding section 2215 of title 10,
United States Code, transfer $5,000,000 to the Commission on Combating
Synthetic Opioid Trafficking established under section 7221 in order to
carry out the duties of the Commission.
(c) Supplement Not Supplant.--Amounts authorized to be appropriated
by subsection (a) shall supplement and not supplant other amounts
available to carry out operations and activities described in such
subsections.
(d) Notification Requirement.--Amounts authorized to be
appropriated by subsection (a) may not be obligated until 15 days after
the date on which the President notifies the appropriate committees of
Congress of the President's intention to obligate such funds.
(e) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on Banking,
Housing, and Urban Affairs, the Committee on Foreign Relations, the
Select Committee on Intelligence, the Committee on the Judiciary,
and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on Financial
Services, the Committee on Foreign Affairs, the Permanent Select
Committee on Intelligence, the Committee on Oversight and Reform,
and the Committee on Appropriations of the House of
Representatives.
SEC. 7233. REGULATORY AUTHORITY.
Not later than 90 days after the date of the enactment of this Act,
the President shall issue such regulations as are necessary to carry
out this title, including guidance with respect to what activities are
included under the definition of ``opioid trafficking'' under section
7203(8).
SEC. 7234. TERMINATION.
The provisions of this title, and any sanctions imposed pursuant to
this title, shall terminate on the date that is 7 years after the date
of the enactment of this Act.
SEC. 7235. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--The authorities and requirements to impose
sanctions under this title shall not include the authority or a
requirement to impose sanctions on the importation of goods.
(b) Good Defined.--In this section, the term ``good'' means any
article, natural or manmade substance, material, supply, or
manufactured product, including inspection and test equipment, and
excluding technical data.
TITLE LXXIII--PFAS
Sec. 7301. Short title.
Sec. 7302. Definition of Administrator.
Subtitle A--Drinking Water
Sec. 7311. Monitoring and detection.
Sec. 7312. Drinking water state revolving funds.
Subtitle B--PFAS Release Disclosure
Sec. 7321. Additions to toxics release inventory.
Subtitle C--USGS Performance Standard
Sec. 7331. Definitions.
Sec. 7332. Performance standard for the detection of highly fluorinated
compounds.
Sec. 7333. Nationwide sampling.
Sec. 7334. Data usage.
Sec. 7335. Collaboration.
Subtitle D--Emerging Contaminants
Sec. 7341. Definitions.
Sec. 7342. Research and coordination plan for enhanced response on
emerging contaminants.
Subtitle E--Toxic Substances Control Act
Sec. 7351. PFAS data call.
Sec. 7352. Significant new use rule for long-chain PFAS.
Subtitle F--Other Matters
Sec. 7361. PFAS destruction and disposal guidance.
Sec. 7362. PFAS research and development.
SEC. 7301. SHORT TITLE.
This title may be cited as the ``PFAS Act of 2019''.
SEC. 7302. DEFINITION OF ADMINISTRATOR.
In this title, the term ``Administrator'' means the Administrator
of the Environmental Protection Agency.
Subtitle A--Drinking Water
SEC. 7311. MONITORING AND DETECTION.
(a) Monitoring Program for Unregulated Contaminants.--
(1) In general.--The Administrator shall include each substance
described in paragraph (2) in the fifth publication of the list of
unregulated contaminants to be monitored under section
1445(a)(2)(B)(i) of the Safe Drinking Water Act (42 U.S.C. 300j-
4(a)(2)(B)(i)).
(2) Substances described.--The substances referred to in
paragraph (1) are perfluoroalkyl and polyfluoroalkyl substances and
classes of perfluoroalkyl and polyfluoroalkyl substances--
(A) for which a method to measure the level in drinking
water has been validated by the Administrator; and
(B) that are not subject to a national primary drinking
water regulation.
(3) Exception.--The perfluoroalkyl and polyfluoroalkyl
substances and classes of perfluoroalkyl and polyfluoroalkyl
substances included in the list of unregulated contaminants to be
monitored under section 1445(a)(2)(B)(i) of the Safe Drinking Water
Act (42 U.S.C. 300j-4(a)(2)(B)(i)) under paragraph (1) shall not
count towards the limit of 30 unregulated contaminants to be
monitored by public water systems under that section.
(b) Applicability.--
(1) In general.--The Administrator shall--
(A) require public water systems serving more than 10,000
persons to monitor for the substances described in subsection
(a)(2);
(B) subject to paragraph (2) and the availability of
appropriations, require public water systems serving not fewer
than 3,300 and not more than 10,000 persons to monitor for the
substances described in subsection (a)(2); and
(C) subject to paragraph (2) and the availability of
appropriations, ensure that only a representative sample of
public water systems serving fewer than 3,300 persons are
required to monitor for the substances described in subsection
(a)(2).
(2) Requirement.--If the Administrator determines that there is
not sufficient laboratory capacity to carry out the monitoring
required under subparagraphs (B) and (C) of paragraph (1), the
Administrator may waive the monitoring requirements in those
subparagraphs.
(3) Funds.--The Administrator shall pay the reasonable cost of
such testing and laboratory analysis as is necessary to carry out
the monitoring required under subparagraphs (B) and (C) of
paragraph (1) using--
(A) funds made available pursuant to subsection (a)(2)(H)
or subsection (j)(5) of section 1445 of the Safe Drinking Water
Act (42 U.S.C. 300j-4); or
(B) any other funds made available for that purpose.
SEC. 7312. DRINKING WATER STATE REVOLVING FUNDS.
Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) is
amended--
(1) in subsection (a)(2), by adding at the end the following:
``(G) Emerging contaminants.--
``(i) In general.--Notwithstanding any other provision
of law and subject to clause (ii), amounts deposited under
subsection (t) in a State loan fund established under this
section may only be used to provide grants for the purpose
of addressing emerging contaminants, with a focus on
perfluoroalkyl and polyfluoroalkyl substances.
``(ii) Requirements.--
``(I) Small and disadvantaged communities.--Not
less than 25 percent of the amounts described in clause
(i) shall be used to provide grants to--
``(aa) disadvantaged communities (as defined in
subsection (d)(3)); or
``(bb) public water systems serving fewer than
25,000 persons.
``(II) Priorities.--In selecting the recipient of a
grant using amounts described in clause (i), a State
shall use the priorities described in subsection
(b)(3)(A).
``(iii) No increased bonding authority.--The amounts
deposited in the State loan fund of a State under
subsection (t) may not be used as a source of payment of,
or security for (directly or indirectly), in whole or in
part, any obligation the interest on which is exempt from
the tax imposed under chapter 1 of the Internal Revenue
Code of 1986.'';
(2) in subsection (m)(1), in the matter preceding subparagraph
(A), by striking ``this section'' and inserting ``this section,
except for subsections (a)(2)(G) and (t)''; and
(3) by adding at the end the following:
``(t) Emerging Contaminants.--
``(1) In general.--Amounts made available under this subsection
shall be allotted to a State as if allotted under subsection
(a)(1)(D) as a capitalization grant, for deposit into the State
loan fund of the State, for the purposes described in subsection
(a)(2)(G).
``(2) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection $100,000,000 for each
of fiscal years 2020 through 2024, to remain available until
expended.''.
Subtitle B--PFAS Release Disclosure
SEC. 7321. ADDITIONS TO TOXICS RELEASE INVENTORY.
(a) Definition of Toxics Release Inventory.--In this section, the
term ``toxics release inventory'' means the list of toxic chemicals
subject to the requirements of section 313(c) of the Emergency Planning
and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(c)).
(b) Immediate Inclusion.--
(1) In general.--Subject to subsection (e), beginning January 1
of the calendar year following the date of enactment of this Act,
the following chemicals shall be deemed to be included in the
toxics release inventory:
(A) Perfluorooctanoic acid (commonly referred to as
``PFOA'') (Chemical Abstracts Service No. 335-67-1).
(B) The salts associated with the chemical described in
subparagraph (A) (Chemical Abstracts Service Nos. 3825-26-1,
335-95-5, and 68141-02-6).
(C) Perfluorooctane sulfonic acid (commonly referred to as
``PFOS'') (Chemical Abstracts Service No. 1763-23-1).
(D) The salts associated with the chemical described in
subparagraph (C) (Chemical Abstracts Service Nos. 2795-39-3,
29457-72-5, 56773-42-3, 29081-56-9, and 70225-14-8).
(E) A perfluoroalkyl or polyfluoroalkyl substance or class
of perfluoroalkyl or polyfluoroalkyl substances that is--
(i) listed as an active chemical substance in the
February 2019 update to the inventory under section 8(b)(1)
of the Toxic Substances Control Act (15 U.S.C. 2607(b)(1));
and
(ii) on the date of enactment of this Act, subject to
the provisions of--
(I) section 721.9582 of title 40, Code of Federal
Regulations; or
(II) section 721.10536 of title 40, Code of Federal
Regulations.
(F) Hexafluoropropylene oxide dimer acid (commonly referred
to as ``GenX'') (Chemical Abstracts Service No. 13252-13-6).
(G) The compound associated with the chemical described in
subparagraph (F) identified by Chemical Abstracts Service No.
62037-80-3.
(H) Perfluorononanoic acid (commonly referred to as
``PFNA'') (Chemical Abstracts Service No. 375-95-1).
(I) Perfluorohexanesulfonic acid (commonly referred to as
``PFHxS'') (Chemical Abstracts Service No. 355-46-4).
(2) Threshold for reporting.--
(A) In general.--Subject to subparagraph (B), the threshold
for reporting the chemicals described in paragraph (1) under
section 313 of the Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11023) is 100 pounds.
(B) Revisions.--Not later than 5 years after the date of
enactment of this Act, the Administrator shall--
(i) determine whether revision of the threshold under
subparagraph (A) is warranted for any chemical described in
paragraph (1); and
(ii) if the Administrator determines a revision to be
warranted under clause (i), initiate a revision under
section 313(f)(2) of the Emergency Planning and Community
Right-To-Know Act of 1986 (42 U.S.C. 11023(f)(2)).
(c) Inclusion Following Assessment.--
(1) In general.--
(A) Date of inclusion.--Subject to subsection (e),
notwithstanding section 313 of the Emergency Planning and
Community Right-To-Know Act of 1986, a perfluoroalkyl or
polyfluoroalkyl substance or class of perfluoroalkyl or
polyfluoroalkyl substances not described in subsection (b)(1)
shall be deemed to be included in the toxics release inventory
beginning January 1 of the calendar year after any of the
following dates:
(i) Final toxicity value.--The date on which the
Administrator finalizes a toxicity value for the
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances.
(ii) Significant new use rule.--The date on which the
Administrator makes a covered determination for the
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances.
(iii) Addition to existing significant new use rule.--
The date on which the perfluoroalkyl or polyfluoroalkyl
substance or class of perfluoroalkyl or polyfluoroalkyl
substances is added to a list of substances covered by a
covered determination.
(iv) Addition as active chemical substance.--The date
on which the perfluoroalkyl or polyfluoroalkyl substance or
class of perfluoroalkyl or polyfluoroalkyl substances to
which a covered determination applies is--
(I) added to the list published under paragraph (1)
of section 8(b) of the Toxic Substances Control Act and
designated as an active chemical substance under
paragraph (5)(A) of such section; or
(II) designated as an active chemical substance on
such list under paragraph (5)(B) of such section.
(B) Covered determination.--For purposes of this paragraph,
a covered determination is a determination made, by rule, under
section 5(a)(2) of the Toxic Substances Control Act that a use
of a perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances is a significant
new use (except such a determination made in connection with a
determination described in section 5(a)(3)(B) or section
5(a)(3)(C) of such Act).
(2) Threshold for reporting.--
(A) In general.--Subject to subparagraph (B),
notwithstanding subsection (f)(1) of section 313 of the
Emergency Planning and Community Right-To-Know Act of 1986 (42
U.S.C. 11023), the threshold for reporting under such section
313 the substances and classes of substances included in the
toxics release inventory under paragraph (1) is 100 pounds.
(B) Revisions.--Not later than 5 years after the date on
which a perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances is included in the
toxics release inventory under paragraph (1), the Administrator
shall--
(i) determine whether revision of the threshold under
subparagraph (A) is warranted for the substance or class of
substances; and
(ii) if the Administrator determines a revision to be
warranted under clause (i), initiate a revision under
section 313(f)(2) of the Emergency Planning and Community
Right-To-Know Act of 1986 (42 U.S.C. 11023(f)(2)).
(d) Inclusion Following Determination.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator shall determine whether
the substances and classes of substances described in paragraph (2)
meet any one of the criteria described in section 313(d)(2) of the
Emergency Planning and Community Right-To-Know Act of 1986 (42
U.S.C. 11023(d)(2)) for inclusion in the toxics release inventory.
(2) Substances described.--The substances and classes of
substances referred to in paragraph (1) are perfluoroalkyl and
polyfluoroalkyl substances and classes of perfluoroalkyl and
polyfluoroalkyl substances not described in subsection (b)(1),
including--
(A) perfluoro[(2-pentafluoroethoxy-ethoxy)acetic acid]
ammonium salt (Chemical Abstracts Service No. 908020-52-0);
(B) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-hexafluoro)-2-
(trifluoromethoxy) propanoyl fluoride (Chemical Abstracts
Service No. 2479-75-6);
(C) 2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-hexafluoro)-2-
(trifluoromethoxy) propionic acid (Chemical Abstracts Service
No. 2479-73-4);
(D) 3H-perfluoro-3-[(3-methoxy-propoxy) propanoic acid]
(Chemical Abstracts Service No. 919005-14-4);
(E) the salts associated with the chemical described in
subparagraph (D) (Chemical Abstracts Service Nos. 958445-44-8,
1087271-46-2, and NOCAS 892452);
(F) 1-octanesulfonic acid 3,3,4,4,5,5,6,6,7,7,8,8-
tridecafluoro-potassium salt (Chemical Abstracts Service No.
59587-38-1);
(G) perfluorobutanesulfonic acid (Chemical Abstracts
Service No. 375-73-5);
(H) 1-Butanesulfonic acid, 1,1,2,2,3,3,4,4,4-nonafluoro-
potassium salt (Chemical Abstracts Service No. 29420-49-3);
(I) the component associated with the chemical described in
subparagraph (H) (Chemical Abstracts Service No. 45187-15-3);
(J) heptafluorobutyric acid (Chemical Abstracts Service No.
375-22-4);
(K) perfluorohexanoic acid (Chemical Abstracts Service No.
307-24-4);
(L) the compound associated with the chemical described in
subsection (b)(1)(F) identified by Chemical Abstracts Service
No. 2062-98-8;
(M) perfluoroheptanoic acid (commonly referred to as
``PFHpA'') (Chemical Abstracts Service No. 375-85-9);
(N) each perfluoroalkyl or polyfluoroalkyl substance or
class of perfluoroalkyl or polyfluoroalkyl substances for which
a method to measure levels in drinking water has been validated
by the Administrator; and
(O) a perfluoroalkyl and polyfluoroalkyl substance or class
of perfluoroalkyl or polyfluoroalkyl substances other than the
chemicals described in subparagraphs (A) through (N) that is
used to manufacture fluorinated polymers, as determined by the
Administrator.
(3) Addition to toxics release inventory.--Subject to
subsection (e), if the Administrator determines under paragraph (1)
that a substance or a class of substances described in paragraph
(2) meets any one of the criteria described in section 313(d)(2) of
the Emergency Planning and Community Right-To-Know Act of 1986 (42
U.S.C. 11023(d)(2)), the Administrator shall revise the toxics
release inventory in accordance with such section 313(d) to include
that substance or class of substances not later than 2 years after
the date on which the Administrator makes the determination.
(e) Confidential Business Information.--
(1) In general.--Prior to including on the toxics release
inventory pursuant to subsection (b)(1), (c)(1), or (d)(3) any
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances the chemical identity
of which is subject to a claim of a person of protection from
disclosure under subsection (a) of section 552 of title 5, United
States Code, pursuant to subsection (b)(4) of that section, the
Administrator shall--
(A) review any such claim of protection from disclosure;
and
(B) require that person to reassert and substantiate or
resubstantiate that claim in accordance with section 14(f) of
the Toxic Substances Control Act (15 U.S.C. 2613(f)).
(2) Nondisclosure of protection information.--If the
Administrator determines that the chemical identity of a
perfluoroalkyl or polyfluoroalkyl substance or class of
perfluoroalkyl or polyfluoroalkyl substances qualifies for
protection from disclosure pursuant to paragraph (1), the
Administrator shall include the substance or class of substances,
as applicable, on the toxics release inventory in a manner that
does not disclose the protected information.
(f) Emergency Planning and Community Right-To-Know Act of 1986.--
Section 313(c) of the Emergency Planning and Community Right-To-Know
Act of 1986 (42 U.S.C. 11023(c)) is amended--
(1) by striking the period at the end and inserting ``; and'';
(2) by striking ``are those chemicals'' and inserting the
following: ``are--
``(1) the chemicals''; and
(3) by adding at the end the following:
``(2) the chemicals included on such list under subsections
(b)(1), (c)(1), and (d)(3) of section 7321 of the PFAS Act of
2019.''.
Subtitle C--USGS Performance Standard
SEC. 7331. DEFINITIONS.
In this subtitle:
(1) Director.--The term ``Director'' means the Director of the
United States Geological Survey.
(2) Highly fluorinated compound.--
(A) In general.--The term ``highly fluorinated compound''
means a perfluoroalkyl substance or a polyfluoroalkyl substance
with at least one fully fluorinated carbon atom.
(B) Definitions.--In this paragraph:
(i) Fully fluorinated carbon atom.--The term ``fully
fluorinated carbon atom'' means a carbon atom on which all
the hydrogen substituents have been replaced by fluorine.
(ii) Perfluoroalkyl substance.--The term
``perfluoroalkyl substance'' means a chemical of which all
of the carbon atoms are fully fluorinated carbon atoms.
(iii) Polyfluoroalkyl substance.--The term
``polyfluoroalkyl substance'' means a chemical containing
at least one fully fluorinated carbon atom and at least one
carbon atom that is not a fully fluorinated carbon atom.
SEC. 7332. PERFORMANCE STANDARD FOR THE DETECTION OF HIGHLY FLUORINATED
COMPOUNDS.
(a) In General.--The Director, in consultation with the
Administrator, shall establish a performance standard for the detection
of highly fluorinated compounds.
(b) Emphasis.--
(1) In general.--In developing the performance standard under
subsection (a), the Director shall emphasize the ability to detect
as many highly fluorinated compounds present in the environment as
possible using validated analytical methods that--
(A) achieve limits of quantitation (as defined in the
document of the United States Geological Survey entitled
``Analytical Methods for Chemical Analysis of Geologic and
Other Materials, U.S. Geological Survey'' and dated 2002); and
(B) are as sensitive as is feasible and practicable.
(2) Requirement.--In developing the performance standard under
subsection (a), the Director may--
(A) develop quality assurance and quality control measures
to ensure accurate sampling and testing;
(B) develop a training program with respect to the
appropriate method of sample collection and analysis of highly
fluorinated compounds; and
(C) coordinate as necessary with the Administrator,
including, if appropriate, to develop methods to detect
individual and different highly fluorinated compounds
simultaneously.
SEC. 7333. NATIONWIDE SAMPLING.
(a) In General.--The Director shall carry out a nationwide sampling
to determine the concentration of highly fluorinated compounds in
estuaries, lakes, streams, springs, wells, wetlands, rivers, aquifers,
and soil using the performance standard developed under section
7332(a).
(b) Requirements.--In carrying out the sampling under subsection
(a), the Director shall--
(1) first carry out the sampling at sources of drinking water
near locations with known or suspected releases of highly
fluorinated compounds;
(2) when carrying out sampling of sources of drinking water
under paragraph (1), carry out the sampling prior to and, at the
request of the Administrator, after any treatment of the water;
(3) survey for ecological exposure to highly fluorinated
compounds, with a priority in determining direct human exposure
through drinking water; and
(4) consult with--
(A) States to determine areas that are a priority for
sampling; and
(B) the Administrator--
(i) to enhance coverage of the sampling; and
(ii) to avoid unnecessary duplication.
(c) Report.--Not later than 120 days after the completion of the
sampling under subsection (a), the Director shall prepare a report
describing the results of the sampling and submit the report to--
(1) the Committee on Environment and Public Works and the
Committee on Energy and Natural Resources of the Senate;
(2) the Committee on Energy and Commerce and the Committee on
Natural Resources of the House of Representatives;
(3) the Senators of each State in which the Director carried
out the sampling; and
(4) each Member of the House of Representatives who represents
a district in which the Director carried out the sampling.
SEC. 7334. DATA USAGE.
(a) In General.--The Director shall provide the sampling data
collected under section 7333 to--
(1) the Administrator; and
(2) other Federal and State regulatory agencies on request.
(b) Usage.--The sampling data provided under subsection (a) shall
be used to inform and enhance assessments of exposure, likely health
and environmental impacts, and remediation priorities.
SEC. 7335. COLLABORATION.
In carrying out this subtitle, the Director shall collaborate
with--
(1) appropriate Federal and State regulators;
(2) institutions of higher education;
(3) research institutions; and
(4) other expert stakeholders.
Subtitle D--Emerging Contaminants
SEC. 7341. DEFINITIONS.
In this subtitle:
(1) Contaminant.--The term ``contaminant'' means any physical,
chemical, biological, or radiological substance or matter in water.
(2) Contaminant of emerging concern; emerging contaminant.--The
terms ``contaminant of emerging concern'' and ``emerging
contaminant'' mean a contaminant--
(A) for which the Administrator has not promulgated a
national primary drinking water regulation; and
(B) that may have an adverse effect on the health of
individuals.
(3) Federal research strategy.--The term ``Federal research
strategy'' means the coordinated cross-agency plan for addressing
critical research gaps related to detecting, assessing exposure to,
and identifying the adverse health effects of emerging contaminants
in drinking water developed by the Office of Science and Technology
Policy in response to the report of the Committee on Appropriations
of the Senate accompanying S. 1662 of the 115th Congress (S. Rept.
115-139).
(4) Technical assistance and support.--The term ``technical
assistance and support'' includes--
(A) assistance with--
(i) identifying appropriate analytical methods for the
detection of contaminants;
(ii) understanding the strengths and limitations of the
analytical methods described in clause (i);
(iii) troubleshooting the analytical methods described
in clause (i);
(B) providing advice on laboratory certification program
elements;
(C) interpreting sample analysis results;
(D) providing training with respect to proper analytical
techniques;
(E) identifying appropriate technology for the treatment of
contaminants; and
(F) analyzing samples, if--
(i) the analysis cannot be otherwise obtained in a
practicable manner otherwise; and
(ii) the capability and capacity to perform the
analysis is available at a Federal facility.
(5) Working group.--The term ``Working Group'' means the
Working Group established under section 7342(b)(1).
SEC. 7342. RESEARCH AND COORDINATION PLAN FOR ENHANCED RESPONSE ON
EMERGING CONTAMINANTS.
(a) In General.--The Administrator shall--
(1) review Federal efforts--
(A) to identify, monitor, and assist in the development of
treatment methods for emerging contaminants; and
(B) to assist States in responding to the human health
risks posed by contaminants of emerging concern; and
(2) in collaboration with owners and operators of public water
systems, States, and other interested stakeholders, establish a
strategic plan for improving the Federal efforts referred to in
paragraph (1).
(b) Interagency Working Group on Emerging Contaminants.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator and the Secretary of
Health and Human Services shall jointly establish a Working Group
to coordinate the activities of the Federal Government to identify
and analyze the public health effects of drinking water
contaminants of emerging concern.
(2) Membership.--The Working Group shall include
representatives of the following:
(A) The Environmental Protection Agency, appointed by the
Administrator.
(B) The following agencies, appointed by the Secretary of
Health and Human Services:
(i) The National Institutes of Health.
(ii) The Centers for Disease Control and Prevention.
(iii) The Agency for Toxic Substances and Disease
Registry.
(C) The United States Geological Survey, appointed by the
Secretary of the Interior.
(D) Any other Federal agency the assistance of which the
Administrator determines to be necessary to carry out this
subsection, appointed by the head of the respective agency.
(3) Existing working group.--The Administrator may expand or
modify the duties of an existing working group to perform the
duties of the Working Group under this subsection.
(c) National Emerging Contaminant Research Initiative.--
(1) Federal research strategy.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Director of the Office of Science
and Technology Policy (referred to in this subsection as the
``Director'') shall coordinate with the heads of the agencies
described in subparagraph (C) to establish a research
initiative, to be known as the ``National Emerging Contaminant
Research Initiative'', that shall--
(i) use the Federal research strategy to improve the
identification, analysis, monitoring, and treatment methods
of contaminants of emerging concern; and
(ii) develop any necessary program, policy, or budget
to support the implementation of the Federal research
strategy, including mechanisms for joint agency review of
research proposals, for interagency cofunding of research
activities, and for information sharing across agencies.
(B) Research on emerging contaminants.--In carrying out
subparagraph (A), the Director shall--
(i) take into consideration consensus conclusions from
peer-reviewed, pertinent research on emerging contaminants;
and
(ii) in consultation with the Administrator, identify
priority emerging contaminants for research emphasis.
(C) Federal participation.--The agencies referred to in
subparagraph (A) include--
(i) the National Science Foundation;
(ii) the National Institutes of Health;
(iii) the Environmental Protection Agency;
(iv) the National Institute of Standards and
Technology;
(v) the United States Geological Survey; and
(vi) any other Federal agency that contributes to
research in water quality, environmental exposures, and
public health, as determined by the Director.
(D) Participation from additional entities.--In carrying
out subparagraph (A), the Director shall consult with
nongovernmental organizations, State and local governments, and
science and research institutions determined by the Director to
have scientific or material interest in the National Emerging
Contaminant Research Initiative.
(2) Implementation of research recommendations.--
(A) In general.--Not later than 1 year after the date on
which the Director and heads of the agencies described in
paragraph (1)(C) establish the National Emerging Contaminant
Research Initiative under paragraph (1)(A), the head of each
agency described in paragraph (1)(C) shall--
(i) issue a solicitation for research proposals
consistent with the Federal research strategy and that
agency's mission; and
(ii) make grants to applicants that submit research
proposals consistent with the Federal research strategy and
in accordance with subparagraph (B).
(B) Selection of research proposals.--The head of each
agency described in paragraph (1)(C) shall select research
proposals to receive grants under this paragraph on the basis
of merit, using criteria identified by the head of each such
agency, including the likelihood that the proposed research
will result in significant progress toward achieving the
objectives identified in the Federal research strategy.
(C) Eligible entities.--Any entity or group of 2 or more
entities may submit to the head of each agency described in
paragraph (1)(C) a research proposal in response to the
solicitation for research proposals described in subparagraph
(A)(i), including, consistent with that agency's grant
policies--
(i) State and local agencies;
(ii) public institutions, including public institutions
of higher education;
(iii) private corporations; and
(iv) nonprofit organizations.
(d) Federal Technical Assistance and Support for States.--
(1) Study.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall conduct a study
on actions the Administrator can take to increase technical
assistance and support for States with respect to emerging
contaminants in drinking water samples.
(B) Contents of study.--In carrying out the study described
in subparagraph (A), the Administrator shall identify--
(i) methods and effective treatment options to increase
technical assistance and support with respect to emerging
contaminants to States, including identifying opportunities
for States to improve communication with various audiences
about the risks associated with emerging contaminants;
(ii) means to facilitate access to qualified contract
testing laboratory facilities that conduct analyses for
emerging contaminants; and
(iii) actions to be carried out at existing Federal
laboratory facilities, including the research facilities of
the Administrator, to provide technical assistance and
support for States that require testing facilities for
emerging contaminants.
(C) Availability of analytical resources.--In carrying out
the study described in subparagraph (A), the Administrator
shall consider--
(i) the availability of--
(I) Federal and non-Federal laboratory capacity;
and
(II) validated methods to detect and analyze
contaminants; and
(ii) other factors determined to be appropriate by the
Administrator.
(2) Report.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall submit to Congress a
report describing the results of the study described in paragraph
(1).
(3) Program to provide federal assistance to states.--
(A) In general.--Not later than 3 years after the date of
enactment of this Act, based on the findings in the report
described in paragraph (2), the Administrator shall develop a
program to provide technical assistance and support to eligible
States for the testing and analysis of emerging contaminants.
(B) Application.--
(i) In general.--To be eligible for technical
assistance and support under this paragraph, a State shall
submit to the Administrator an application at such time, in
such manner, and containing such information as the
Administrator may require.
(ii) Criteria.--The Administrator shall evaluate an
application for technical assistance and support under this
paragraph on the basis of merit using criteria identified
by the Administrator, including--
(I) the laboratory facilities available to the
State;
(II) the availability and applicability of existing
analytical methodologies;
(III) the potency and severity of the emerging
contaminant, if known; and
(IV) the prevalence and magnitude of the emerging
contaminant.
(iii) Prioritization.--In selecting States to receive
technical assistance and support under this paragraph, the
Administrator--
(I) shall give priority to States with affected
areas primarily in financially distressed communities;
(II) may--
(aa) waive the application process in an
emergency situation; and
(bb) require an abbreviated application process
for the continuation of work specified in a
previously approved application that continues to
meet the criteria described in clause (ii); and
(III) shall consider the relative expertise and
availability of--
(aa) Federal and non-Federal laboratory
capacity available to the State;
(bb) analytical resources available to the
State; and
(cc) other types of technical assistance
available to the State.
(C) Database of available resources.--The Administrator
shall establish and maintain a database of resources available
through the program developed under subparagraph (A) to assist
States with testing for emerging contaminants that--
(i) is--
(I) available to States and stakeholder groups
determined by the Administrator to have scientific or
material interest in emerging contaminants, including--
(aa) drinking water and wastewater utilities;
(bb) laboratories;
(cc) Federal and State emergency responders;
(dd) State primacy agencies;
(ee) public health agencies; and
(ff) water associations;
(II) searchable; and
(III) accessible through the website of the
Administrator; and
(ii) includes a description of--
(I) qualified contract testing laboratory
facilities that conduct analyses for emerging
contaminants; and
(II) the resources available in Federal laboratory
facilities to test for emerging contaminants.
(D) Water contaminant information tool.--The Administrator
shall integrate the database established under subparagraph (C)
into the Water Contaminant Information Tool of the
Environmental Protection Agency.
(4) Funding.--Of the amounts available to the Administrator,
the Administrator may use not more than $15,000,000 in a fiscal
year to carry out this subsection.
(e) Report.--Not less frequently than once every 2 years until
2029, the Administrator shall submit to Congress a report that
describes the progress made in carrying out this subtitle.
(f) Effect.--Nothing in this section modifies any obligation of a
State, local government, or Indian Tribe with respect to treatment
methods for, or testing or monitoring of, drinking water.
Subtitle E--Toxic Substances Control Act
SEC. 7351. PFAS DATA CALL.
Section 8(a) of the Toxic Substances Control Act (15 U.S.C.
2607(a)) is amended by adding at the end the following:
``(7) PFAS data.--Not later than January 1, 2023, the
Administrator shall promulgate a rule in accordance with this
subsection requiring each person who has manufactured a chemical
substance that is a perfluoroalkyl or polyfluoroalkyl substance in
any year since January 1, 2011, to submit to the Administrator a
report that includes, for each year since January 1, 2011, the
information described in subparagraphs (A) through (G) of paragraph
(2).''.
SEC. 7352. SIGNIFICANT NEW USE RULE FOR LONG-CHAIN PFAS.
Not later than June 22, 2020, the Administrator shall take final
action on the proposed rule entitled ``Long-Chain Perfluoroalkyl
Carboxylate and Perfluoroalkyl Sulfonate Chemical Substances;
Significant New Use Rule'' (80 Fed. Reg. 2885 (January 21, 2015)).
Subtitle F--Other Matters
SEC. 7361. PFAS DESTRUCTION AND DISPOSAL GUIDANCE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall publish interim guidance on the
destruction and disposal of perfluoroalkyl and polyfluoroalkyl
substances and materials containing perfluoroalkyl and polyfluoroalkyl
substances, including--
(1) aqueous film-forming foam;
(2) soil and biosolids;
(3) textiles, other than consumer goods, treated with
perfluoroalkyl and polyfluoroalkyl substances;
(4) spent filters, membranes, resins, granular carbon, and
other waste from water treatment;
(5) landfill leachate containing perfluoroalkyl and
polyfluoroalkyl substances; and
(6) solid, liquid, or gas waste streams containing
perfluoroalkyl and polyfluoroalkyl substances from facilities
manufacturing or using perfluoroalkyl and polyfluoroalkyl
substances.
(b) Considerations; Inclusions.--The interim guidance under
subsection (a) shall--
(1) take into consideration--
(A) the potential for releases of perfluoroalkyl and
polyfluoroalkyl substances during destruction or disposal,
including through volatilization, air dispersion, or leachate;
and
(B) potentially vulnerable populations living near likely
destruction or disposal sites; and
(2) provide guidance on testing and monitoring air, effluent,
and soil near potential destruction or disposal sites for releases
described in paragraph (1)(A).
(c) Revisions.--The Administrator shall publish revisions to the
interim guidance under subsection (a) as the Administrator determines
to be appropriate, but not less frequently than once every 3 years.
SEC. 7362. PFAS RESEARCH AND DEVELOPMENT.
(a) In General.--The Administrator, acting through the Assistant
Administrator for the Office of Research and Development, shall--
(1)(A) further examine the effects of perfluoroalkyl and
polyfluoroalkyl substances on human health and the environment; and
(B) make publicly available information relating to the
findings under subparagraph (A);
(2) develop a process for prioritizing which perfluoroalkyl and
polyfluoroalkyl substances, or classes of perfluoroalkyl and
polyfluoroalkyl substances, should be subject to additional
research efforts that is based on--
(A) the potential for human exposure to the substances or
classes of substances;
(B) the potential toxicity of the substances or classes of
substances; and
(C) information available about the substances or classes
of substances;
(3) develop new tools to characterize and identify
perfluoroalkyl and polyfluoroalkyl substances in the environment,
including in drinking water, wastewater, surface water,
groundwater, solids, and the air;
(4) evaluate approaches for the remediation of contamination by
perfluoroalkyl and polyfluoroalkyl substances in the environment;
and
(5) develop and implement new tools and materials to
communicate with the public about perfluoroalkyl and
polyfluoroalkyl substances.
(b) Funding.--There is authorized to be appropriated to the
Administrator to carry out this section $15,000,000 for each of fiscal
years 2020 through 2024.
TITLE LXXIV--CAESAR SYRIA CIVILIAN PROTECTION ACT OF 2019
Sec. 7401. Short title.
Sec. 7402. Statement of policy.
Subtitle A--Additional Actions in Connection With the National Emergency
With Respect to Syria
Sec. 7411. Measures with respect to Central Bank of Syria.
Sec. 7412. Sanctions with respect to foreign persons that engage in
certain transactions.
Sec. 7413. Strategy relating to areas of Syria in which civilians are
subject to forced displacement.
Subtitle B--Assistance for the People of Syria
Sec. 7421. Sense of Congress.
Sec. 7422. Briefing on monitoring and evaluating of ongoing assistance
programs in Syria and to the Syrian people.
Sec. 7423. Assessment of potential methods to enhance the protection of
civilians.
Sec. 7424. Assistance to support entities taking actions relating to
gathering evidence for investigations into war crimes or
crimes against humanity in Syria since March 2011.
Sec. 7425. Codification of certain services in support of
nongovernmental organizations' activities authorized.
Sec. 7426. Briefing on strategy to facilitate humanitarian assistance.
Subtitle C--General Provisions
Sec. 7431. Suspension of sanctions.
Sec. 7432. Waivers and exemptions.
Sec. 7433. Implementation and regulatory authorities.
Sec. 7434. Exception relating to importation of goods.
Sec. 7435. Cost limitation.
Sec. 7436. Rule of construction.
Sec. 7437. Prohibition on construction of provisions of this title as an
authorization for use of military force.
Sec. 7438. Sunset.
SEC. 7401. SHORT TITLE.
This title may be cited as the ``Caesar Syria Civilian Protection
Act of 2019''.
SEC. 7402. STATEMENT OF POLICY.
It is the policy of the United States that diplomatic and coercive
economic means should be utilized to compel the government of Bashar
al-Assad to halt its murderous attacks on the Syrian people and to
support a transition to a government in Syria that respects the rule of
law, human rights, and peaceful co-existence with its neighbors.
Subtitle A--Additional Actions in Connection With the National
Emergency With Respect to Syria
SEC. 7411. MEASURES WITH RESPECT TO CENTRAL BANK OF SYRIA.
(a) Determination Regarding Central Bank of Syria.--Not later than
180 days after the date of the enactment of this Act, the Secretary of
the Treasury shall determine, under section 5318A of title 31, United
States Code, whether reasonable grounds exist for concluding that the
Central Bank of Syria is a financial institution of primary money
laundering concern.
(b) Enhanced Due Diligence and Reporting Requirements.--If the
Secretary of the Treasury determines under subsection (a) that
reasonable grounds exist for concluding that the Central Bank of Syria
is a financial institution of primary money laundering concern, the
Secretary, in consultation with the Federal functional regulators (as
defined in section 509 of the Gramm-Leach-Bliley Act (15 U.S.C. 6809)),
shall impose one or more of the special measures described in section
5318A(b) of title 31, United States Code, with respect to the Central
Bank of Syria.
(c) Report Required.--
(1) In general.--Not later than 90 days after making a
determination under subsection (a) with respect to whether the
Central Bank of Syria is a financial institution of primary money
laundering concern, the Secretary of the Treasury shall submit to
the appropriate congressional committees a report that includes the
reasons for the determination.
(2) Form.--A report required by paragraph (1) shall be
submitted in unclassified form but may include a classified annex.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
SEC. 7412. SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT ENGAGE IN
CERTAIN TRANSACTIONS.
(a) Imposition of Sanctions.--
(1) In general.--On and after the date that is 180 days after
the date of the enactment of this Act, the President shall impose
the sanctions described in subsection (b) with respect to a foreign
person if the President determines that the foreign person, on or
after such date of enactment, knowingly engages in an activity
described in paragraph (2).
(2) Activities described.--A foreign person engages in an
activity described in this paragraph if the foreign person--
(A) knowingly provides significant financial, material, or
technological support to, or knowingly engages in a significant
transaction with--
(i) the Government of Syria (including any entity owned
or controlled by the Government of Syria) or a senior
political figure of the Government of Syria;
(ii) a foreign person that is a military contractor,
mercenary, or a paramilitary force knowingly operating in a
military capacity inside Syria for or on behalf of the
Government of Syria, the Government of the Russian
Federation, or the Government of Iran; or
(iii) a foreign person subject to sanctions pursuant to
the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.) with respect to Syria or any other provision
of law that imposes sanctions with respect to Syria;
(B) knowingly sells or provides significant goods,
services, technology, information, or other support that
significantly facilitates the maintenance or expansion of the
Government of Syria's domestic production of natural gas,
petroleum, or petroleum products;
(C) knowingly sells or provides aircraft or spare aircraft
parts that are used for military purposes in Syria for or on
behalf of the Government of Syria to any foreign person
operating in an area directly or indirectly controlled by the
Government of Syria or foreign forces associated with the
Government of Syria;
(D) knowingly provides significant goods or services
associated with the operation of aircraft that are used for
military purposes in Syria for or on behalf of the Government
of Syria to any foreign person operating in an area described
in subparagraph (C); or
(E) knowingly, directly or indirectly, provides significant
construction or engineering services to the Government of
Syria.
(3) Sense of congress.--It is the sense of Congress that, in
implementing this section, the President should consider financial
support under paragraph (2)(A) to include the provision of loans,
credits, or export credits.
(b) Sanctions Described.--
(1) In general.--The sanctions to be imposed with respect to a
foreign person described in subsection (a) are the following:
(A) Blocking of property.--The President shall exercise all
of the powers granted to the President under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the
extent necessary to block and prohibit all transactions in
property and interests in property of the foreign person if
such property and interests in property are in the United
States, come within the United States, or are or come within
the possession or control of a United States person.
(B) Ineligibility for visas, admission, or parole.--
(i) Visas, admission, or parole.--An alien described in
subsection (a) is--
(I) inadmissible to the United States;
(II) ineligible to receive a visa or other
documentation to enter the United States; and
(III) otherwise ineligible to be admitted or
paroled into the United States or to receive any other
benefit under the Immigration and Nationality Act (8
U.S.C. 1101 et seq.).
(ii) Current visas revoked.--
(I) In general.--An alien described in subsection
(a) is subject to revocation of any visa or other entry
documentation regardless of when the visa or other
entry documentation is or was issued.
(II) Immediate effect.--A revocation under
subclause (I) shall--
(aa) take effect immediately; and
(bb) automatically cancel any other valid visa
or entry documentation that is in the alien's
possession.
(2) Penalties.--The penalties provided for in subsections (b)
and (c) of section 206 of the International Emergency Economic
Powers Act (50 U.S.C. 1705) shall apply to a person that violates,
attempts to violate, conspires to violate, or causes a violation of
regulations promulgated under section 7433(b) to carry out
paragraph (1)(A) to the same extent that such penalties apply to a
person that commits an unlawful act described in section 206(a) of
that Act.
(3) Exceptions.--Sanctions under paragraph (1)(B) shall not
apply with respect to an alien if admitting or paroling the alien
into the United States is necessary--
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations; or
(B) to carry out or assist law enforcement activity in the
United States.
SEC. 7413. STRATEGY RELATING TO AREAS OF SYRIA IN WHICH CIVILIANS ARE
SUBJECT TO FORCED DISPLACEMENT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the President shall--
(1) identify the areas described in subsection (b); and
(2) submit to the appropriate congressional committees the
strategy described in subsection (c).
(b) Areas Described.--The areas described in this subsection are
areas in Syria that the President determines--
(1) are under the control of--
(A) the Government of Syria;
(B) the Government of the Russian Federation;
(C) the Government of Iran; or
(D) a foreign person described in section
7412(a)(2)(A)(ii); and
(2) are areas in which civilians have been subject to forced
displacement by--
(A) a government specified in subparagraph (A), (B), or (C)
of paragraph (1); or
(B) a foreign person described in section
7412(a)(2)(A)(ii).
(c) Strategy Described.--The strategy described in this subsection
is a strategy to deter foreign persons from entering into contracts
related to reconstruction in the areas described in subsection (b) for
or on behalf of--
(1) a government specified in subparagraph (A), (B), or (C) of
subsection (b)(1); or
(2) a foreign person described in section 7412(a)(2)(A)(ii).
(d) Form.--The strategy required by subsection (a)(2) shall be
submitted in unclassified form but may include a classified annex.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs of the House of
Representatives; and
(2) the Committee on Foreign Relations of the Senate.
Subtitle B--Assistance for the People of Syria
SEC. 7421. SENSE OF CONGRESS.
It is the sense of Congress that it is in the interests of the
United States to continue to provide assistance to the people of Syria
in order to promote peace, stability, and development, including
through multilateral organizations.
SEC. 7422. BRIEFING ON MONITORING AND EVALUATING OF ONGOING ASSISTANCE
PROGRAMS IN SYRIA AND TO THE SYRIAN PEOPLE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State and the Administrator of
the United States Agency for International Development shall brief the
Committee on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate on the monitoring and
evaluation of ongoing assistance programs in Syria and for the Syrian
people, including assistance provided through multilateral
organizations.
(b) Matters To Be Included.--The briefing required by subsection
(a) shall include a description of--
(1) the specific project monitoring and evaluation efforts,
including measurable goals and performance metrics for assistance
in Syria;
(2) the memoranda of understanding entered into by the
Department of State, the United States Agency for International
Development, and their respective Inspectors General, and the
multilateral organizations through which United States assistance
will be delivered that formalize requirements for the sharing of
information between such entities for the conduct of audits,
investigations, and evaluations; and
(3) the major challenges to monitoring and evaluating programs
described in subsection (a).
SEC. 7423. ASSESSMENT OF POTENTIAL METHODS TO ENHANCE THE PROTECTION OF
CIVILIANS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the President shall brief the appropriate
congressional committees on the potential effectiveness, risks, and
operational requirements of military and non-military means to enhance
the protection of civilians inside Syria, especially civilians who are
in besieged areas, trapped at borders, or internally displaced.
(b) Consultation.--The briefing required by subsection (a) shall be
informed by consultations with the Department of State, the United
States Agency for International Development, the Department of Defense,
and international and local humanitarian aid organizations operating in
Syria.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on Armed
Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
SEC. 7424. ASSISTANCE TO SUPPORT ENTITIES TAKING ACTIONS RELATING TO
GATHERING EVIDENCE FOR INVESTIGATIONS INTO WAR CRIMES OR CRIMES AGAINST
HUMANITY IN SYRIA SINCE MARCH 2011.
(a) In General.--Except as provided in subsection (b), the
Secretary of State, after consultation with the Attorney General and
the heads of other appropriate Federal agencies, is authorized,
consistent with the national interest, to provide assistance to support
entities that are conducting criminal investigations, supporting
prosecutions, or collecting evidence and preserving the chain of
custody for such evidence for eventual prosecution, against those who
have committed war crimes or crimes against humanity in Syria,
including the aiding and abetting of such crimes by foreign governments
and organizations supporting the Government of Syria, since March 2011.
(b) Limitation.--No assistance may be provided under subsection (a)
while President Bashar al-Assad remains in power--
(1) to build the investigative or judicial capacities of the
Government of Syria; or
(2) to support prosecutions in the domestic courts in Syria.
(c) Briefing.--Not later than one year after the date of the
enactment of this Act, the Secretary of State shall brief the Committee
on Foreign Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate on assistance provided under subsection
(a).
SEC. 7425. CODIFICATION OF CERTAIN SERVICES IN SUPPORT OF
NONGOVERNMENTAL ORGANIZATIONS' ACTIVITIES AUTHORIZED.
(a) In General.--Except as provided in subsection (b), section
542.516 of title 31, Code of Federal Regulations (relating to certain
services in support of nongovernmental organizations' activities
authorized), as in effect on the day before the date of the enactment
of this Act, shall--
(1) remain in effect on and after such date of enactment; and
(2) in the case of a nongovernmental organization that is
authorized to export or reexport services to Syria under such
section on the day before such date of enactment, apply to such
organization on and after such date of enactment to the same extent
and in the same manner as such section applied to such organization
on the day before such date of enactment.
(b) Exception.--
(1) In general.--Section 542.516 of title 31, Code of Federal
Regulations, as codified under subsection (a), shall not apply with
respect to a foreign person that has been designated as a foreign
terrorist organization under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189), or otherwise designated as a
terrorist organization, by the Secretary of State, in consultation
with or upon the request of the Attorney General or the Secretary
of Homeland Security.
(2) Effective date.--Paragraph (1) shall apply with respect to
a foreign person on and after the date on which the designation of
that person as a terrorist organization is published in the Federal
Register.
SEC. 7426. BRIEFING ON STRATEGY TO FACILITATE HUMANITARIAN ASSISTANCE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the President shall brief the appropriate
congressional committees on the strategy of the President to help
facilitate the ability of humanitarian organizations to access
financial services to help facilitate the safe and timely delivery of
assistance to communities in need in Syria.
(b) Consideration of Data From Other Countries and Nongovernmental
Organizations.--In preparing the strategy required by subsection (a),
the President shall consider credible data already obtained by other
countries and nongovernmental organizations, including organizations
operating in Syria.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
Subtitle C--General Provisions
SEC. 7431. SUSPENSION OF SANCTIONS.
(a) In General.--The President may suspend in whole or in part the
imposition of sanctions otherwise required under this Act or the
imposition of sanctions required by any amendment made by this title
for renewable periods not to exceed 180 days if the President
determines that the following criteria have been met in Syria:
(1) The air space over Syria is no longer being utilized by the
Government of Syria or the Government of the Russian Federation to
target civilian populations through the use of incendiary devices,
including barrel bombs, chemical weapons, and conventional arms
(including air-delivered missiles and explosives).
(2) Areas besieged by the Government of Syria, the Government
of the Russian Federation, the Government of Iran, or a foreign
person described in section 7412(a)(2)(A)(ii) are no longer cut off
from international aid and have regular access to humanitarian
assistance, freedom of travel, and medical care.
(3) The Government of Syria is releasing all political
prisoners forcibly held within the prison system of the regime of
Bashar al-Assad and the Government of Syria is allowing full access
to prison system facilities for investigations by appropriate
international human rights organizations.
(4) The forces of the Government of Syria, the Government of
the Russian Federation, the Government of Iran, and any foreign
person described in section 7412(a)(2)(A)(ii) are no longer engaged
in deliberate targeting of medical facilities, schools, residential
areas, and community gathering places, including markets, in
violation of international norms.
(5) The Government of Syria is--
(A) taking steps to verifiably fulfill its commitments
under the Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weapons and on
their Destruction, done at Geneva September 3, 1992, and
entered into force April 29, 1997 (commonly known as the
``Chemical Weapons Convention''), and the Treaty on the Non-
Proliferation of Nuclear Weapons, done at Washington, London,
and Moscow July 1, 1968, and entered into force March 5, 1970
(21 UST 483); and
(B) making tangible progress toward becoming a signatory to
the Convention on the Prohibition of the Development,
Production and Stockpiling of Bacteriological (Biological) and
Toxin Weapons and on their Destruction, done at Washington,
London, and Moscow April 10, 1972, and entered into force March
26, 1975 (26 UST 583).
(6) The Government of Syria is permitting the safe, voluntary,
and dignified return of Syrians displaced by the conflict.
(7) The Government of Syria is taking verifiable steps to
establish meaningful accountability for perpetrators of war crimes
in Syria and justice for victims of war crimes committed by the
Assad regime, including through participation in a credible and
independent truth and reconciliation process.
(b) Briefing Required.--Not later than 30 days after the President
makes a determination described in subsection (a), the President shall
provide a briefing to the appropriate congressional committees on the
determination and the suspension of sanctions pursuant to the
determination.
(c) Reimposition of Sanctions.--Any sanctions suspended under
subsection (a) shall be reimposed if the President determines that the
criteria described in that subsection are no longer being met.
(d) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the President to terminate the
application of sanctions under section 7412 with respect to a person
that no longer engages in activities described in subsection (a)(2) of
that section.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Ways and Means, and the
Committee on the Judiciary of the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on the
Judiciary of the Senate.
SEC. 7432. WAIVERS AND EXEMPTIONS.
(a) Exemptions.--The following activities and transactions shall be
exempt from sanctions authorized under this title or any amendment made
by this title:
(1) Any activity subject to the reporting requirements under
title V of the National Security Act of 1947 (50 U.S.C. 3091 et
seq.), or to any authorized intelligence activities of the United
States.
(2) Any transaction necessary to comply with United States
obligations under--
(A) the Agreement regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947, and entered into
force November 21, 1947, between the United Nations and the
United States;
(B) the Convention on Consular Relations, done at Vienna
April 24, 1963, and entered into force March 19, 1967; or
(C) any other international agreement to which the United
States is a party.
(b) Waiver.--
(1) In general.--The President may, for renewable periods not
to exceed 180 days, waive the application of any provision of this
title (other than section 7434) with respect to a foreign person if
the President certifies to the appropriate congressional committees
that such a waiver is in the national security interests of the
United States.
(2) Briefing.--Not later than 90 days after the issuance of a
waiver under paragraph (1), and every 180 days thereafter while the
waiver remains in effect, the President shall brief the appropriate
congressional committees on the reasons for the waiver.
(c) Humanitarian Waiver.--
(1) In general.--The President may waive, for renewable periods
not to exceed 2 years, the application of any provision of this
title (other than section 7434) with respect to a nongovernmental
organization providing humanitarian assistance not covered by the
authorization described in section 7425 if the President certifies
to the appropriate congressional committees that such a waiver is
important to address a humanitarian need and is consistent with the
national security interests of the United States.
(2) Briefing.--Not later than 90 days after the issuance of a
waiver under paragraph (1), and every 180 days thereafter while the
waiver remains in effect, the President shall brief the appropriate
congressional committees on the reasons for the waiver.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Ways and Means, and the
Committee on the Judiciary of the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on the
Judiciary of the Senate.
SEC. 7433. IMPLEMENTATION AND REGULATORY AUTHORITIES.
(a) Implementation Authority.--The President may exercise all
authorities provided to the President under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704)
for purposes of carrying out this title and the amendments made by this
title.
(b) Regulatory Authority.--The President shall, not later than 180
days after the date of the enactment of this Act, promulgate
regulations as necessary for the implementation of this title and the
amendments made by this title.
SEC. 7434. EXCEPTION RELATING TO IMPORTATION OF GOODS.
(a) In General.--The authorities and requirements to impose
sanctions authorized under this title or the amendments made by this
title shall not include the authority or a requirement to impose
sanctions on the importation of goods.
(b) Good Defined.--In this section, the term ``good'' means any
article, natural or manmade substance, material, supply or manufactured
product, including inspection and test equipment, and excluding
technical data.
SEC. 7435. COST LIMITATION.
No additional funds are authorized to be appropriated to carry out
the requirements of this title and the amendments made by this title.
Such requirements shall be carried out using amounts otherwise
authorized to be appropriated.
SEC. 7436. RULE OF CONSTRUCTION.
Except for section 7434 with respect to the importation of goods,
nothing in this title shall be construed to limit the authority of the
President pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.) or any other provision of law.
SEC. 7437. PROHIBITION ON CONSTRUCTION OF PROVISIONS OF THIS TITLE AS
AN AUTHORIZATION FOR USE OF MILITARY FORCE.
Nothing in this title may be construed as an authorization for use
of military force.
SEC. 7438. SUNSET.
This title shall cease to be effective on the date that is 5 years
after the date of the enactment of this Act.
TITLE LXXV--PROTECTING EUROPE'S ENERGY SECURITY
Sec. 7501. Short title.
Sec. 7502. Sense of Congress.
Sec. 7503. Imposition of sanctions with respect to provision of certain
vessels for the construction of certain Russian energy export
pipelines.
SEC. 7501. SHORT TITLE.
This title may be cited as the ``Protecting Europe's Energy
Security Act of 2019''.
SEC. 7502. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States and Europe share a common history, a
common identity, and common values built upon the principles of
democracy, rule of law, and individual freedoms;
(2) the United States has encouraged and admired the European
project, which has resulted in a common market and common policies,
has achieved unprecedented prosperity and stability on the
continent, and serves as a model for other countries to reform
their institutions and prioritize anticorruption measures;
(3) the relationships between the United States and Europe and
the United States and Germany are critical to the national security
interests of the United States as well as to global prosperity and
peace, and Germany in particular is a crucial partner for the
United States in multilateral efforts aimed at promoting global
prosperity and peace;
(4) the United States should stand against any effort designed
to weaken those relationships; and
(5) Germany has demonstrated leadership within the European
Union and in international fora to ensure that sanctions imposed
with respect to the Russian Federation for its malign activities
are maintained.
SEC. 7503. IMPOSITION OF SANCTIONS WITH RESPECT TO PROVISION OF CERTAIN
VESSELS FOR THE CONSTRUCTION OF CERTAIN RUSSIAN ENERGY EXPORT
PIPELINES.
(a) Report Required.--
(1) In general.--Not later than 60 days after the date of the
enactment of this Act, and every 90 days thereafter, the Secretary
of State, in consultation with the Secretary of the Treasury, shall
submit to the appropriate congressional committees a report that
identifies, for the period specified in paragraph (2)--
(A) vessels that engaged in pipe-laying at depths of 100
feet or more below sea level for the construction of the Nord
Stream 2 pipeline project, the TurkStream pipeline project, or
any project that is a successor to either such project; and
(B) foreign persons that the Secretary of State, in
consultation with the Secretary of the Treasury, determines
have knowingly--
(i) sold, leased, or provided those vessels for the
construction of such a project; or
(ii) facilitated deceptive or structured transactions
to provide those vessels for the construction of such a
project.
(2) Period specified.--The period specified in this paragraph
is--
(A) in the case of the first report required to be
submitted by paragraph (1), the period beginning on the date of
the enactment of this Act and ending on the date on which the
report is submitted; and
(B) in the case of any subsequent such report, the 90-day
period preceding submission of the report.
(b) Ineligibility for Visas, Admission, or Parole of Identified
Persons and Corporate Officers.--
(1) In general.--
(A) Visas, admission, or parole.--An alien described in
paragraph (2) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted or paroled
into the United States or to receive any other benefit
under the Immigration and Nationality Act (8 U.S.C. 1101 et
seq.).
(B) Current visas revoked.--
(i) In general.--The visa or other entry documentation
of an alien described in paragraph (2) shall be revoked,
regardless of when such visa or other entry documentation
is or was issued.
(ii) Immediate effect.--A revocation under clause (i)
shall--
(I) take effect immediately; and
(II) automatically cancel any other valid visa or
entry documentation that is in the alien's possession.
(2) Aliens described.--An alien is described in this paragraph
if the alien is--
(A) a foreign person identified under subsection (a)(1)(B);
(B) a corporate officer of a person described in
subparagraph (A); or
(C) a principal shareholder with a controlling interest in
a person described in subparagraph (A).
(c) Blocking of Property of Identified Persons.--The President
shall exercise all powers granted to the President by the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent
necessary to block and prohibit all transactions in all property and
interests in property of any person identified under subsection
(a)(1)(B) if such property and interests in property are in the United
States, come within the United States, or are or come within the
possession or control of a United States person.
(d) Wind-down Period.--The President may not impose sanctions under
this section with respect to a person identified in the first report
submitted under subsection (a) if the President certifies in that
report that the person has, not later than 30 days after the date of
the enactment of this Act, engaged in good faith efforts to wind down
operations that would otherwise subject the person to the imposition of
sanctions under this section.
(e) Exceptions.--
(1) Exception for intelligence, law enforcement, and national
security activities.--Sanctions under this section shall not apply
to any authorized intelligence, law enforcement, or national
security activities of the United States.
(2) Exception to comply with united nations headquarters
agreement.--Sanctions under this section shall not apply with
respect to the admission of an alien to the United States if the
admission of the alien is necessary to permit the United States to
comply with the Agreement regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947, and entered into
force November 21, 1947, between the United Nations and the United
States, the Convention on Consular Relations, done at Vienna April
24, 1963, and entered into force March 19, 1967, or other
applicable international obligations.
(3) Exception for safety of vessels and crew.--Sanctions under
this section shall not apply with respect to a person providing
provisions to a vessel identified under subsection (a)(1)(A) if
such provisions are intended for the safety and care of the crew
aboard the vessel, the protection of human life aboard the vessel,
or the maintenance of the vessel to avoid any environmental or
other significant damage.
(4) Exception for repair or maintenance of pipelines.--
Sanctions under this section shall not apply with respect to a
person for engaging in activities necessary for or related to the
repair or maintenance of, or environmental remediation with respect
to, a pipeline project described in subsection (a)(1)(A).
(5) Exception relating to importation of goods.--
(A) In general.--Notwithstanding any other provision of
this section, the authorities and requirements to impose
sanctions authorized under this section shall not include the
authority or a requirement to impose sanctions on the
importation of goods.
(B) Good defined.--In this paragraph, the term ``good''
means any article, natural or man-made substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
(f) Waivers.--
(1) National interest waiver for visa ban.--The President may
waive the application of sanctions under subsection (b) with
respect to an alien if the President--
(A) determines that the waiver is in the national interests
of the United States; and
(B) submits to the appropriate congressional committees a
report on the waiver and the reasons for the waiver.
(2) National security waiver for economic and other
sanctions.--The President may waive the application of sanctions
under subsection (c) with respect to a person if the President--
(A) determines that the waiver is in the national security
interests of the United States; and
(B) submits to the appropriate congressional committees a
report on the waiver and the reasons for the waiver.
(g) Implementation; Penalties.--
(1) Implementation.--The President may exercise all authorities
provided to the President under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702 and
1704) to carry out this section.
(2) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of this section or any
regulation, license, or order issued to carry out this section
shall be subject to the penalties set forth in subsections (b) and
(c) of section 206 of the International Emergency Economic Powers
Act (50 U.S.C. 1705) to the same extent as a person that commits an
unlawful act described in subsection (a) of that section.
(h) Termination and Sunset.--The authority to impose sanctions
under this section with respect to a person involved in the
construction of a pipeline project described in subsection (a)(1)(A),
and any sanctions imposed under this section with respect to that
project, shall terminate on the date that is the earlier of--
(1) the date on which the President certifies to the
appropriate congressional committees that appropriate safeguards
have been put in place--
(A) to minimize the ability of the Government of the
Russian Federation to use that project as a tool of coercion
and political leverage, including by achieving the unbundling
of energy production and transmission so that entities owned or
controlled by that Government do not control the transmission
network for the pipeline; and
(B) to ensure, barring unforeseen circumstances, that the
project would not result in a decrease of more than 25 percent
in the volume of Russian energy exports transiting through
existing pipelines in other countries, particularly Ukraine,
relative to the average monthly volume of Russian energy
exports transiting through such pipelines in 2018; or
(2) the date that is 5 years after the date of the enactment of
this Act.
(i) Definitions.--In this section:
(1) Admission; admitted; alien.--The terms ``admission'',
``admitted'', and ``alien'' have the meanings given those terms in
section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(B) the Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
(3) Foreign person.--The term ``foreign person'' means an
individual or entity that is not a United States person.
(4) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(5) United states person.--The term ``United States person''
means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States;
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity; or
(C) any person within the United States.
TITLE LXXVI--OTHER MATTERS
Subtitle A--Federal Employee Paid Leave Act
Sec. 7601. Short title.
Sec. 7602. Paid parental leave under title 5.
Sec. 7603. Paid parental leave for congressional employees.
Sec. 7604. Conforming amendment to Family and Medical Leave Act for GAO
and Library of Congress employees.
Sec. 7605. Clarification for members of the National Guard and Reserves.
Sec. 7606. Conforming amendment for certain TSA employees.
Subtitle B--Other Matters
Sec. 7611. Liberian refugee immigration fairness.
Sec. 7612. Pensacola Dam and Reservoir, Grand River, Oklahoma.
Sec. 7613. Limitation on certain rolling stock procurements;
cybersecurity certification for rail rolling stock and
operations.
Subtitle A--Federal Employee Paid Leave Act
SEC. 7601. SHORT TITLE.
This subtitle may be cited as the ``Federal Employee Paid Leave
Act''.
SEC. 7602. PAID PARENTAL LEAVE UNDER TITLE 5.
(a) In General.--Subsection (d) of section 6382 of title 5, United
States Code, is amended--
(1) by striking ``An employee'' and inserting ``(1) An
employee'';
(2) by striking ``subparagraph (A), (B), (C),'' and inserting
``subparagraph (C),''; and
(3) by adding at the end the following:
``(2)(A) An employee may elect to substitute for any leave
without pay under subparagraph (A) or (B) of subsection (a)(1) any
paid leave which is available to such employee for that purpose.
``(B) The paid leave that is available to an employee for
purposes of subparagraph (A) is--
``(i) 12 administrative workweeks of paid parental leave
under this subparagraph in connection with the birth or
placement involved; and
``(ii) during the 12-month period referred to in subsection
(a)(1), and in addition to the 12 administrative workweeks
under clause (i), any annual or sick leave accrued or
accumulated by such employee under subchapter I.
``(C) Nothing in this subsection shall be considered to require
that an employee first use all or any portion of the leave
described in subparagraph (B)(ii) before being allowed to use the
paid parental leave described in subparagraph (B)(i).
``(D) Paid parental leave under subparagraph (B)(i)--
``(i) shall be payable from any appropriation or fund
available for salaries or expenses for positions within the
employing agency;
``(ii) shall not be considered to be annual or vacation
leave for purposes of section 5551 or 5552 or for any other
purpose; and
``(iii) if not used by the employee before the end of the
12-month period (as referred to in subsection (a)(1)) to which
it relates, shall not accumulate for any subsequent use.
``(E) Nothing in this paragraph shall be construed to modify
the requirement to complete at least 12 months of service as an
employee (within the meaning of section 6381(1)(A)) before the date
of the applicable birth or placement involved to be eligible for
paid parental leave under subparagraph (B)(i) of this paragraph.
``(F)(i) An employee may not take leave under this paragraph
unless the employee agrees (in writing), before the commencement of
such leave, to work for the applicable employing agency for not
less than a period of 12 weeks beginning on the date such leave
concludes.
``(ii) The head of the agency shall waive the requirement in
clause (i) in any instance where the employee is unable to return
to work because of the continuation, recurrence, or onset of a
serious health condition (including mental health), related to the
applicable birth or placement of a child, of the employee or the
child.
``(iii) The head of the employing agency may require that an
employee who claims to be unable to return to work because of a
health condition described under clause (ii) provide certification
supporting such claim by the health care provider of the employee
or the child (as the case may be). The employee shall provide such
certification to the head in a timely manner.
``(G)(i) If an employee fails to return from paid leave
provided under this paragraph after the date such leave concludes,
the employing agency may recover, from such employee, an amount
equal to the total amount of Government contributions paid by the
agency under section 8906 on behalf of the employee for maintaining
such employee's health coverage under chapter 89 during the period
of such leave.
``(ii) Clause (i) shall not apply to any employee who fails to
return from such leave due to--
``(I) the continuation, recurrence, or onset of a serious
health condition as described under, and consistent with the
requirements of, subparagraph (F); or
``(II) any other circumstance beyond the control of the
employee.''.
(b) Conforming Amendments.--Section 6382(a) is amended--
(1) in paragraph (1), in the matter preceding subparagraph (A)
by inserting ``and subsection (d)(2) of this section'' after
``section 6383''; and
(2) in paragraph (4), by striking ``During'' and inserting
``Subject to subsection (d)(2), during''.
(c) Effective Date.--The amendments made by this section shall not
be effective with respect to any birth or placement occurring before
October 1, 2020.
SEC. 7603. PAID PARENTAL LEAVE FOR CONGRESSIONAL EMPLOYEES.
(a) Amendments to Congressional Accountability Act.--Section 202 of
the Congressional Accountability Act of 1995 (2 U.S.C. 1312) is
amended--
(1) in subsection (a)(1), by adding at the end the following:
``In applying section 102 of such Act with respect to leave for an
event described in subsection (a)(1)(A) or (B) of such section to
covered employees, subsection (d) of this section shall apply.
Paragraphs (1) and (4) of section 102(a) of such Act shall be
subject to subsection (d) of this section.'';
(2) by redesignating subsections (d) and (e) as subsections (e)
and (f), respectively; and
(3) by inserting after subsection (c) the following:
``(d) Special Rule for Paid Parental Leave.--
``(1) Substitution of paid leave.--A covered employee may elect
to substitute for any leave without pay under subparagraph (A) or
(B) of section 102(a)(1) of the Family and Medical Leave Act of
1993 (29 U.S.C. 2612(a)(1)) any paid leave which is available to
such employee for that purpose.
``(2) Amount of paid leave.--The paid leave that is available
to a covered employee for purposes of paragraph (1) is--
``(A) the number of weeks of paid parental leave in
connection with the birth or placement involved that
corresponds to the number of administrative workweeks of paid
parental leave available to employees under section
6382(d)(2)(B)(i) of title 5, United States Code; and
``(B) during the 12-month period referred to in section
102(a)(1) of the Family and Medical Leave Act of 1993 (29
U.S.C. 2612(a)(1)) and in addition to the administrative
workweeks described in subparagraph (A), any additional paid
vacation, personal, family, medical, or sick leave provided by
the employing office to such employee.
``(3) Limitation.--Nothing in this section or section
102(d)(2)(A) of the Family and Medical Leave Act of 1993 (29 U.S.C.
2612(d)(2)(A)) shall be considered to require or permit an
employing office to require that an employee first use all or any
portion of the leave described in paragraph (2)(B) before being
allowed to use the paid parental leave described in paragraph
(2)(A).
``(4) Additional rules.--Paid parental leave under paragraph
(2)(A)--
``(A) shall be payable from any appropriation or fund
available for salaries or expenses for positions within the
employing office;
``(B) if not used by the covered employee before the end of
the 12-month period (as referred to in section 102(a)(1) of the
Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1))) to
which it relates, shall not accumulate for any subsequent use;
and
``(C) shall apply without regard to the limitations in
subparagraph (E), (F), or (G) of section 6382(d)(2) of title 5,
United States Code, or section 104(c)(2) of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2614(c)(2)).''.
(b) Conforming Amendment.--Section 202(a)(2) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1312(a)(2)) is amended by adding
at the end the following: ``The requirements of subparagraph (B) shall
not apply with respect to leave under subparagraph (A) or (B) of
section 102(a)(1) of the Family and Medical Leave Act of 1993 (29
U.S.C. 2612(a)(1)).''.
(c) Effective Date.--The amendments made by this section shall not
be effective with respect to any birth or placement occurring before
October 1, 2020.
SEC. 7604. CONFORMING AMENDMENT TO FAMILY AND MEDICAL LEAVE ACT FOR GAO
AND LIBRARY OF CONGRESS EMPLOYEES.
(a) Amendment to Family and Medical Leave Act of 1993.--Section 102
of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``and subsection
(d)(3)'' after ``section 103''; and
(B) in paragraph (4), by striking ``During'' and inserting
``Subject to subsection (d)(3), during''; and
(2) in subsection (d), by adding at the end the following:
``(3) Special rule for gao employees.--
``(A) Substitution of paid leave.--An employee of the
Government Accountability Office may elect to substitute for
any leave without pay under subparagraph (A) or (B) of
subsection (a)(1) any paid leave which is available to such
employee for that purpose.
``(B) Amount of paid leave.--The paid leave that is
available to an employee of the Government Accountability
Office for purposes of subparagraph (A) is--
``(i) the number of weeks of paid parental leave in
connection with the birth or placement involved that
corresponds to the number of administrative workweeks of
paid parental leave available to employees under section
6382(d)(2)(B)(i) of title 5, United States Code; and
``(ii) during the 12-month period referred to in
section 102(a)(1) and in addition to the administrative
workweeks described in clause (i), any additional paid
vacation, personal, family, medical, or sick leave provided
by such employer.
``(C) Limitation.--Nothing in this section shall be
considered to require or permit an employer to require that an
employee first use all or any portion of the leave described in
subparagraph (B)(ii) before being allowed to use the paid
parental leave described in clause (i) of subparagraph (B).
``(D) Additional rules.--Paid parental leave under
subparagraph (B)(i)--
``(i) shall be payable from any appropriation or fund
available for salaries or expenses for positions with the
Government Accountability Office;
``(ii) if not used by the employee of such employer
before the end of the 12-month period (as referred to in
subsection (a)(1)) to which it relates, shall not
accumulate for any subsequent use; and
``(iii) shall apply without regard to the limitations
in subparagraph (E), (F), or (G) of section 6382(d)(2) of
title 5, United States Code or section 104(c)(2) of this
Act.
``(4) Special rule for library of congress employees.--
Consistent with section 101(a)(3)(J) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1301(a)(3)(J)), the rights and
protections established by sections 101 through 105, including
section 102(d)(3), shall apply to employees of the Library of
Congress under section 202 of that Act (2 U.S.C. 1312).''.
(b) Conforming Amendment.--Section 101(2) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2611(2)) is amended by adding at the end
the following:
``(E) GAO employees.--In the case of an employee of the
Government Accountability Office, the requirements of
subparagraph (A) shall not apply with respect to leave under
section 102(a)(1)(A) or (B).''.
(c) Effective Date.--The amendments made by this section shall not
be effective with respect to any birth or placement occurring before
October 1, 2020.
SEC. 7605. CLARIFICATION FOR MEMBERS OF THE NATIONAL GUARD AND
RESERVES.
(a) Executive Branch Employees.--For purposes of determining the
eligibility of an employee who is a member of the National Guard or
Reserves to take leave under section 6382(a) of title 5, United States
Code, or to substitute such leave pursuant to subsection (d)(2)(A) of
section 6382 of such title (as added by section 1102), any service by
such employee on active duty (as defined in section 6381(7) of such
title) shall be counted as service as an employee for purposes of
section 6381(1)(B) of such title.
(b) Congressional Employees.--For purposes of determining the
eligibility of a covered employee (as such term is defined in section
101(3) of the Congressional Accountability Act) who is a member of the
National Guard or Reserves to take leave under section 102(a) of the
Family and Medical Leave Act of 1993 (pursuant to section 202(a)(1) of
the Congressional Accountability Act), any service by such employee on
active duty (as defined in section 101(14) of the Family and Medical
Leave Act of 1993) shall be counted as time during which such employee
has been employed in an employing office for purposes of section
202(a)(2)(B) of the Congressional Accountability Act.
(c) Gao and Library of Congress Employees.--For purposes of
determining the eligibility of an employee of the Government
Accountability Office or Library of Congress who is a member of the
National Guard or Reserves to take leave under section 102(a) of the
Family and Medical Leave Act of 1993, any service by such employee on
active duty (as defined in section 101(14) of such Act) shall be
counted as time during which such employee has been employed for
purposes of section 101(2)(A) of such Act.
SEC. 7606. CONFORMING AMENDMENT FOR CERTAIN TSA EMPLOYEES.
Section 111(d)(2) of the Aviation and Transportation Security Act
(49 U.S.C. 44935 note) is amended to read as follows:
``(2) Exceptions.--
``(A) Reemployment.--In carrying out the functions
authorized under paragraph (1), the Under Secretary shall be
subject to the provisions set forth in chapter 43 of title 38,
United States Code.
``(B) Leave.--The provisions of subchapter V of chapter 63
of title 5, United States Code, shall apply to any individual
appointed under paragraph (1) as if such individual were an
employee (within the meaning of subparagraph (A) of section
6381(1) of such title).''.
Subtitle B--Other Matters
SEC. 7611. LIBERIAN REFUGEE IMMIGRATION FAIRNESS.
(a) Definitions.--In this section:
(1) In general.--Except as otherwise specifically provided, any
term used in this Act that is used in the immigration laws shall
have the meaning given the term in the immigration laws.
(2) Immigration laws.--The term ``immigration laws'' has the
meaning given the term in section 101(a)(17) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(17)).
(3) Secretary.--The term ``Secretary'' means the Secretary of
Homeland Security.
(b) Adjustment of Status.--
(1) In general.--Except as provided in paragraph (3), the
Secretary shall adjust the status of an alien described in
subsection (c) to that of an alien lawfully admitted for permanent
residence if the alien--
(A) applies for adjustment not later than 1 year after the
date of the enactment of this Act;
(B) is otherwise eligible to receive an immigrant visa; and
(C) subject to paragraph (2), is admissible to the United
States for permanent residence.
(2) Applicability of grounds of inadmissibility.--In
determining the admissibility of an alien under paragraph (1)(C),
the grounds of inadmissibility specified in paragraphs (4), (5),
(6)(A), and (7)(A) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)) shall not apply.
(3) Exceptions.--An alien shall not be eligible for adjustment
of status under this subsection if the Secretary determines that
the alien--
(A) has been convicted of any aggravated felony;
(B) has been convicted of two or more crimes involving
moral turpitude (other than a purely political offense); or
(C) has ordered, incited, assisted, or otherwise
participated in the persecution of any person on account of
race, religion, nationality, membership in a particular social
group, or political opinion.
(4) Relationship of application to certain orders.--
(A) In general.--An alien present in the United States who
has been subject to an order of exclusion, deportation,
removal, or voluntary departure under any provision of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) may,
notwithstanding such order, submit an application for
adjustment of status under this subsection if the alien is
otherwise eligible for adjustment of status under paragraph
(1).
(B) Separate motion not required.--An alien described in
subparagraph (A) shall not be required, as a condition of
submitting or granting an application under this subsection, to
file a separate motion to reopen, reconsider, or vacate an
order described in subparagraph (A).
(C) Effect of decision by secretary.--
(i) Grant.--If the Secretary adjusts the status of an
alien pursuant to an application under this subsection, the
Secretary shall cancel any order described in subparagraph
(A) to which the alien has been subject.
(ii) Denial.--If the Secretary makes a final decision
to deny such application, any such order shall be effective
and enforceable to the same extent that such order would be
effective and enforceable if the application had not been
made.
(c) Aliens Eligible for Adjustment of Status.--
(1) In general.--The benefits provided under subsection (b)
shall apply to any alien who--
(A)(i) is a national of Liberia; and
(ii) has been continuously present in the United States
during the period beginning on November 20, 2014, and ending on
the date on which the alien submits an application under
subsection (b); or
(B) is the spouse, child, or unmarried son or daughter of
an alien described in subparagraph (A).
(2) Determination of continuous physical presence.--For
purposes of establishing the period of continuous physical presence
referred to in paragraph (1)(A)(ii), an alien shall not be
considered to have failed to maintain continuous physical presence
based on one or more absences from the United States for one or
more periods amounting, in the aggregate, of not more than 180
days.
(d) Stay of Removal.--
(1) In general.--The Secretary shall promulgate regulations
establishing procedures by which an alien who is subject to a final
order of deportation, removal, or exclusion, may seek a stay of
such order based on the filing of an application under subsection
(b).
(2) During certain proceedings.--
(A) In general.--Except as provided in subparagraph (B),
notwithstanding any provision of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), the Secretary may not
order an alien to be removed from the United States if the
alien--
(i) is in exclusion, deportation, or removal
proceedings under any provision of such Act; and
(ii) has submitted an application for adjustment of
status under subsection (b).
(B) Exception.--The Secretary may order an alien described
in subparagraph (A) to be removed from the United States if the
Secretary has made a final determination to deny the
application for adjustment of status under subsection (b) of
the alien.
(3) Work authorization.--
(A) In general.--The Secretary may--
(i) authorize an alien who has applied for adjustment
of status under subsection (b) to engage in employment in
the United States during the period in which a
determination on such application is pending; and
(ii) provide such alien with an ``employment
authorized'' endorsement or other appropriate document
signifying authorization of employment.
(B) Pending applications.--If an application for adjustment
of status under subsection (b) is pending for a period
exceeding 180 days and has not been denied, the Secretary shall
authorize employment for the applicable alien.
(e) Record of Permanent Residence.--On the approval of an
application for adjustment of status under subsection (b) of an alien,
the Secretary shall establish a record of admission for permanent
residence for the alien as of the date of the arrival of the alien in
the United States.
(f) Availability of Administrative Review.--The Secretary shall
provide applicants for adjustment of status under subsection (b) with
the same right to, and procedures for, administrative review as are
provided to--
(1) applicants for adjustment of status under section 245 of
the Immigration and Nationality Act (8 U.S.C. 1255); and
(2) aliens subject to removal proceedings under section 240 of
such Act (8 U.S.C. 1229a).
(g) Limitation on Judicial Review.--
(1) In general.--A determination by the Secretary with respect
to the adjustment of status of any alien under this section is
final and shall not be subject to review by any court.
(2) Rule of construction.--Nothing in paragraph (1) shall be
construed to preclude the review of a constitutional claim or a
question of law under section 704 of title 5, United States Code,
with respect to a denial of adjustment of status under this
section.
(h) No Offset in Number of Visas Available.--The Secretary of State
shall not be required to reduce the number of immigrant visas
authorized to be issued under any provision of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) to offset the adjustment of
status of an alien who has been lawfully admitted for permanent
residence pursuant to this section.
(i) Application of Immigration and Nationality Act Provisions.--
(1) Savings provision.--Nothing in this Act may be construed to
repeal, amend, alter, modify, effect, or restrict the powers,
duties, function, or authority of the Secretary in the
administration and enforcement of the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.) or any other law relating to
immigration, nationality, or naturalization.
(2) Effect of eligibility for adjustment of status.--The
eligibility of an alien to be lawfully admitted for permanent
residence under this section shall not preclude the alien from
seeking any status under any other provision of law for which the
alien may otherwise be eligible.
SEC. 7612. PENSACOLA DAM AND RESERVOIR, GRAND RIVER, OKLAHOMA.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Conservation pool.--The term ``conservation pool'' means
all land and water of Grand Lake O' the Cherokees, Oklahoma, below
the flood pool.
(3) Flood pool.--The term ``flood pool'' means all land and
water of Grand Lake O' the Cherokees, Oklahoma, allocated for flood
control or navigation by the Secretary pursuant to section 7 of the
Flood Control Act of 1944 (33 U.S.C. 709).
(4) Project.--The term ``project'' means the Pensacola
Hydroelectric Project (FERC No. 1494).
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Army.
(b) Conservation Pool Management.--
(1) Federal land.--Notwithstanding section 3(2) of the Federal
Power Act (16 U.S.C. 796(2)), any Federal land within the project
boundary, including any right, title, or interest in or to land
held by the United States for any purpose, shall not--
(A) be subject to the first proviso in section 4(e) of the
Federal Power Act (16 U.S.C. 797(e)); or
(B) be considered to be--
(i) land or other property of the United States for
purposes of recompensing the United States for the use,
occupancy, or enjoyment of the land under section 10(e)(1)
of that Act (16 U.S.C. 803(e)(1)); or
(ii) land of the United States for purposes of section
24 of that Act (16 U.S.C. 818).
(2) License conditions.--
(A) In general.--Except as may be required by the Secretary
to carry out responsibilities under section 7 of the Flood
Control Act of 1944 (33 U.S.C. 709), the Commission or any
other Federal or State agency shall not include in any license
for the project any condition or other requirement relating
to--
(i) surface elevations of the conservation pool; or
(ii) the flood pool (except to the extent it references
flood control requirements prescribed by the Secretary).
(B) Exception.--Notwithstanding subparagraph (A), the
project shall remain subject to the Commission's rules and
regulations for project safety and protection of human health.
(3) Project scope.--
(A) Licensing jurisdiction.--The licensing jurisdiction of
the Commission for the project shall not extend to any land or
water outside the project boundary.
(B) Outside infrastructure.--Any land, water, or physical
infrastructure or other improvement outside the project
boundary shall not be considered to be part of the project.
(C) Boundary jurisdiction amendments.--The Commission may,
consistent with the requirements of the Federal Power Act,
amend the project boundary, only with the expressed written
agreement of the project licensee. If the licensee does not
agree to a project boundary change proposed by the Commission,
the purposes and requirements of part I of the Federal Power
Act (16 U.S.C. 791a et seq.) shall be deemed to be satisfied
without the Commission's proposed boundary or jurisdiction
change.
(c) Exclusive Jurisdiction of Flood Pool Management.--The Secretary
shall have exclusive jurisdiction and responsibility for management of
the flood pool for flood control operations at Grand Lake O' the
Cherokees.
(d) Study of Upstream Infrastructure.--Not later than 90 days after
the date of the enactment of this Act, the Secretary shall initiate a
study of infrastructure and lands upstream from the project to evaluate
resiliency to flooding. Not later than one year after initiating the
study, the Secretary shall issue a report advising local communities
and State departments of transportation of any identified deficiencies
and potential mitigation options.
(e) Savings Provision.--Nothing in this section affects, with
respect to the project--
(1) any authority or obligation of the Secretary or the Chief
of Engineers pursuant to section 2 of the Act of June 28, 1938
(commonly known as the ``Flood Control Act of 1938'') (33 U.S.C.
701c-1);
(2) any authority of the Secretary or the Chief of Engineers
pursuant to section 7 of the Act of December 22, 1944 (commonly
known as the ``Flood Control Act of 1944'') (33 U.S.C. 709);
(3) any obligation of the United States to obtain flowage or
other property rights pursuant to the Act of July 31, 1946 (60
Stat. 743, chapter 710);
(4) any obligation of the United States to acquire flowage or
other property rights for additional reservoir storage pursuant to
Executive Order 9839 (12 Fed. Reg. 2447; relating to the Grand
River Dam Project);
(5) any authority of the Secretary to acquire real property
interest pursuant to section 560 of the Water Resources Development
Act of 1996 (Public Law 104-303; 110 Stat. 3783);
(6) any obligation of the Secretary to conduct and pay the cost
of a feasibility study pursuant to section 449 of the Water
Resources Development Act of 2000 (Public Law 106-541; 114 Stat.
2641);
(7) the National Flood Insurance Program established under the
National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.),
including any policy issued under that Act; or
(8) any disaster assistance made available under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.) or other Federal disaster assistance program.
SEC. 7613. LIMITATION ON CERTAIN ROLLING STOCK PROCUREMENTS;
CYBERSECURITY CERTIFICATION FOR RAIL ROLLING STOCK AND OPERATIONS.
Section 5323 of title 49, United States Code, is amended by adding
at the end the following:
``(u) Limitation on Certain Rolling Stock Procurements.--
``(1) In general.--Except as provided in paragraph (5),
financial assistance made available under this chapter shall not be
used in awarding a contract or subcontract to an entity on or after
the date of enactment of this subsection for the procurement of
rolling stock for use in public transportation if the manufacturer
of the rolling stock--
``(A) is incorporated in or has manufacturing facilities in
the United States; and
``(B) is owned or controlled by, is a subsidiary of, or is
otherwise related legally or financially to a corporation based
in a country that--
``(i) is identified as a nonmarket economy country (as
defined in section 771(18) of the Tariff Act of 1930 (19
U.S.C. 1677(18))) as of the date of enactment of this
subsection;
``(ii) was identified by the United States Trade
Representative in the most recent report required by
section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as a
foreign country included on the priority watch list defined
in subsection (g)(3) of that section; and
``(iii) is subject to monitoring by the Trade
Representative under section 306 of the Trade Act of 1974
(19 U.S.C. 2416).
``(2) Exception.--For purposes of paragraph (1), the term
`otherwise related legally or financially' does not include a
minority relationship or investment.
``(3) International agreements.--This subsection shall be
applied in a manner consistent with the obligations of the United
States under international agreements.
``(4) Certification for rail rolling stock.--
``(A) In general.--Except as provided in paragraph (5), as
a condition of financial assistance made available in a fiscal
year under section 5337, a recipient that operates rail fixed
guideway service shall certify in that fiscal year that the
recipient will not award any contract or subcontract for the
procurement of rail rolling stock for use in public
transportation with a rail rolling stock manufacturer described
in paragraph (1).
``(B) Separate certification.--The certification required
under this paragraph shall be in addition to any certification
the Secretary establishes to ensure compliance with the
requirements of paragraph (1).
``(5) Special rules.--
``(A) Parties to executed contracts.--This subsection,
including the certification requirement under paragraph (4),
shall not apply to the award of any contract or subcontract
made by a public transportation agency with a rail rolling
stock manufacturer described in paragraph (1) if the
manufacturer and the public transportation agency have executed
a contract for rail rolling stock before the date of enactment
of this subsection.
``(B) Rolling stock.--Except as provided in subparagraph
(C) and for a contract or subcontract that is not described in
subparagraph (A), this subsection, including the certification
requirement under paragraph (4), shall not apply to the award
of a contract or subcontract made by a public transportation
agency with any rolling stock manufacturer for the 2-year
period beginning on or after the date of enactment of this
subsection.
``(C) Exception.--Subparagraph (B) shall not apply to the
award of a contract or subcontract made by the Washington
Metropolitan Area Transit Authority.
``(v) Cybersecurity Certification for Rail Rolling Stock and
Operations.--
``(1) Certification.--As a condition of financial assistance
made available under this chapter, a recipient that operates a rail
fixed guideway public transportation system shall certify that the
recipient has established a process to develop, maintain, and
execute a written plan for identifying and reducing cybersecurity
risks.
``(2) Compliance.--For the process required under paragraph
(1), a recipient of assistance under this chapter shall--
``(A) utilize the approach described by the voluntary
standards and best practices developed under section 2(c)(15)
of the National Institute of Standards and Technology Act (15
U.S.C. 272(c)(15)), as applicable;
``(B) identify hardware and software that the recipient
determines should undergo third-party testing and analysis to
mitigate cybersecurity risks, such as hardware or software for
rail rolling stock under proposed procurements; and
``(C) utilize the approach described in any voluntary
standards and best practices for rail fixed guideway public
transportation systems developed under the authority of the
Secretary of Homeland Security, as applicable.
``(3) Limitations on statutory construction.--Nothing in this
subsection shall be construed to interfere with the authority of--
``(A) the Secretary of Homeland Security to publish or
ensure compliance with requirements or standards concerning
cybersecurity for rail fixed guideway public transportation
systems; or
``(B) the Secretary of Transportation under section 5329 to
address cybersecurity issues as those issues relate to the
safety of rail fixed guideway public transportation systems.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.