[Congressional Record Volume 165, Number 115 (Wednesday, July 10, 2019)]
[House]
[Pages H5337-H5576]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2020
General Leave
Mr. SMITH of Washington. Madam Speaker, I ask unanimous consent that
all Members may have 5 legislative days in which to revise and extend
their remarks and insert extraneous material on H.R. 2500.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Washington?
There was no objection.
The SPEAKER pro tempore. Pursuant to House Resolution 476 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the consideration of the bill, H.R. 2500.
The Chair appoints the gentleman from Texas (Mr. Cuellar) to preside
over the Committee of the Whole.
{time} 1702
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the consideration of the bill
(H.R. 2500) to authorize appropriations for fiscal year 2020 for
military activities of the Department of Defense and for military
construction, to prescribe military personnel strengths for such fiscal
year, and for other purposes, with Mr. Cuellar in the chair.
The Clerk read the title of the bill.
The CHAIR. Pursuant to the rule, the bill is considered read the
first time.
General debate shall not exceed 1 hour equally divided and controlled
by the chair and the ranking minority member of the Committee on Armed
Services.
The gentleman from Washington (Mr. Smith) and the gentleman from
Texas (Mr. Thornberry) each will control 30 minutes.
The Chair recognizes the gentleman from Washington.
Mr. SMITH of Washington. Mr. Chair, I yield myself 5 minutes.
Mr. Chair, this, as always, is an incredibly important piece of
legislation. This is a piece of legislation by which we provide for the
national security of this country, and every little bit, as
importantly, we provide for the men and women who put their lives on
the line to provide for the national security of this country.
For 58 years, we have passed the National Defense Authorization Act.
It is the one piece of legislation that has not failed to pass in that
timeframe, and there is a very good reason for that: It is enormously
important, and it is our opportunity to show those men and women who
serve in the military that we support them, we support what they do,
and we are going to make sure that they have all that they need to
carry out the missions that we ask them to do.
One of the reasons that we have always been able to be successful on
this is because of the very strong bipartisan tradition of our
committee. We have worked with various chairmen and ranking members
across the aisle for all of those years and really made sure that we
worked together, regardless of who was in the majority, to produce a
product that we can be proud of--and we have.
On that measure, as we have moved in the majority this year, my staff
and I have worked very hard with the ranking member and with all the
members of the committee and their staffs to maintain that bipartisan
tradition.
When we had the bill in committee, we had a large number of
proposals, which I will read to you.
There were 736 proposals from Republicans, 889 from Democrats. We put
into our bill 53 percent of the Republican requests and 52 percent of
the Democratic requests
In amendments, there were more Democratic amendments in committee,
266 to 248 for the Republicans, but, still, we accepted 57 percent of
the Republican amendments.
On the floor, there were a lot more amendments from Democrats, 480 to
201, but, again, we accepted 50 percent of the Republican amendments.
My staff and I and other members, personally, on a large number of
issues, most notably on nuclear issues--Mr. Turner, who is the ranking
member on the Subcommittee on Strategic Forces, was concerned that we
weren't working together properly on a number of nuclear issues. There
were 10 or 12 or more. I reached out to him. We worked together, and we
resolved half of them, because that is what we do. This is a very
strong bill that everybody on this floor should feel proud to vote for.
Now, there are a couple of issues, but the biggest thing is remember
what is in this bill. Once again, we give a very high pay raise to the
men and women who serve, 3.1 percent pay raise.
We have also, through the amendment process, included a priority that
has over 300 cosponsors in the House, and that is Joe Wilson's bill
to finally eliminate the offset that cuts the amount of money that goes
to widows of men and women who have passed away in the military. This
is the bill to eliminate that offset. There is a lot in this bill that
we can be proud of.
Now, the issues that we have had disagreement on, I understand, but
we always have disagreements. It is a large bill. I don't like
everything in this bill. I don't think anybody does, but we cannot
forget the central mission of this bill: to support the men and women
who serve the military and to make sure that we have a strong national
security.
The number one issue is how much money we spend.
Let me just say--and I think there is bipartisan agreement on this--
we need a budget caps deal. A continuing resolution is unacceptable.
It is unacceptable for the entire discretionary budget, and it is
certainly unacceptable for the Department of Defense, which can't
simply keep doing what it has been doing. There are always programs
they need to get rid of and new programs they need to create. We need
to get a deal on that. But the number that we marked to, $733 billion,
was the number that the Pentagon planned for for over a year.
After we got the last budget deal to get $716 billion, the Pentagon
planned on what their next year's budget would be, and the President
and the Pentagon put together a $733 billion budget for over a year.
But then, at the end of last year, the President felt that number was
too high.
By the way, I think I might agree with him. I think there are greater
efficiencies to get out of the Pentagon.
So he said it ought to be cut by 5 percent; it ought to be $700
billion. A number of people protested that, went to the Pentagon and
said: You can't cut it to 700.
[[Page H5338]]
So the President said it can't be 733; it has got to be 700. And then
he agreed to 750. That doesn't make a lot of sense. The 733 number is
the number that we planned to.
Now, I will agree that there is a robust debate that can be had about
that: Should it be 750 or 733? I very strongly support the 733 number.
I don't think giving the Pentagon an additional $17 billion at the last
minute is fiscally responsible.
I agree with the ranking member, who has said, in the years when we
were cutting the defense budget by 20 percent, that wasn't responsible
either. I think 733 is responsible, but I can hear arguments for the
other side.
What doesn't make sense is to say that, if you don't get 750, somehow
733 is so bad that we have to vote against it. That simply doesn't make
sense. 733 is the largest amount of money we have ever spent on the
Pentagon. It more than funds our national security needs.
I believe this is a very strong bill. We will debate many other
issues. When we get done, I hope we can uphold that bipartisan
tradition and show that we support national security and we support the
men and women who are putting their lives on the line for our country.
I reserve the balance of my time.
House of Representatives,
Committee on House Administration,
Washington, DC, June 13, 2019.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Smith: I am writing to you concerning H.R.
2500, the National Defense Authorization Act for Fiscal Year
2020. There are certain provisions in the legislation which
fall within the Rule X jurisdiction of the Committee on House
Administration.
In the interest of permitting your committee to proceed
expeditiously to floor consideration, the Committee is
willing to waive its right to sequential referral. This is
done with the understanding that the Committee on House
Administration's jurisdictional interests over this and
similar legislation are in no way diminished or altered. In
addition, the Committee reserves its right to seek conferees
on any provisions within its jurisdiction which are
considered in a House-Senate conference and requests your
support if such a request is made.
I would appreciate your response confirming this
understanding with respect to H.R. 2500 and ask that a copy
of our exchange of letters on this matter be included in your
committee report on the bill and in the Congressional Record
during consideration of the bill on the House floor.
Sincerely,
Zoe Lofgren,
Chairperson.
____
House of Representatives,
Committee on Armed Services,
Washington, DC, July 10, 2019.
Hon. Zoe Lofgren,
Chairperson, Committee on House Administration,
House of Representatives, Washington, DC.
Dear Chairperson: Thank you for your letter regarding H.R.
2500, the National Defense Authorization Act for Fiscal Year
2020. I agree that the Committee on House Administration has
valid jurisdictional claims to certain provisions in this
important legislation, and I am most appreciative of your
decision not to request a referral in the interest of
expediting consideration of the bill. I agree that by
foregoing a sequential referral, the Committee on House
Administration is not waiving its jurisdiction. Further, this
exchange of letters will be included in the Congressional
Record.
Sincerely,
Adam Smith,
Chairman.
____
House of Representatives,
Committee on Agriculture,
Washington, DC, June 5, 2019.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Mr. Smith: I am writing to you concerning the bill
H.R. 2500, the National Defense Authorization Act for Fiscal
Year 2020. There are certain provisions in the legislation
which fall within the Rule X jurisdiction of the House
Committee on Agriculture.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill the House Committee on Agriculture
does not waive any future jurisdictional claim over the
subject matters contained in the bill which fall within its
Rule X jurisdiction. I request that you urge the Speaker to
name members of this committee to any conference committee
which is named to consider such provisions.
Please place this letter into the committee report on H.R.
2500 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
Collin C. Peterson,
Chairman.
____
House of Representatives,
Committee on Armed Services,
Washington, DC, June 18, 2019.
Hon. Collin Peterson,
Chairman, Committee on Agriculture, House of Representatives,
Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
2500, the National Defense Authorization Act for Fiscal Year
2020. I agree that the Committee on Agriculture has valid
jurisdictional claims to certain provisions in this important
legislation, and I am most appreciative of your decision not
to request a referral in the interest of expediting
consideration of the bill. I agree that by foregoing a
sequential referral, the Committee on Agriculture is not
waiving its jurisdiction. Further, this exchange of letters
will be included in the committee report on the bill.
Sincerely,
Adam Smith,
Chairman.
____
House of Representatives,
Committee on Appropriations,
Washington, DC, June 14, 2019.
Hon. Adam Smith,
Chairman, Committee on Armed Services, House of
Representatives, Washington, DC.
Dear Mr. Smith: I am writing to you concerning the bill
H.R. 2500, the National Defense Authorization Act for Fiscal
Year 2020. There are certain provisions in the legislation
which fall within the rule X jurisdiction of the Committee on
Appropriations.
In the interest of permitting your Committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this Committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill the Committee on Appropriations
does not waive any future jurisdictional claim over the
subject matters contained in the bill which fall within its
rule X jurisdiction. I request that you urge the Speaker to
name Members of this Committee to any conference committee
which is named to consider such provisions.
Please place this letter into the committee report on H.R.
2500 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
Nita M. Lowey,
Chairwoman.
____
House of Representatives,
Committee on Armed Services,
Washington, DC, June 18, 2019.
Hon. Nita M. Lowey,
Chairwoman, Committee on Appropriations, House of
Representatives, Washington, DC.
Dear Ms. Chairwoman: Thank you for your letter regarding
H.R. 2500, the National Defense Authorization Act for Fiscal
Year 2020. I agree that the Committee on Appropriations has
valid jurisdictional claims to certain provisions in this
important legislation, and I am most appreciative of your
decision not to request a referral in the interest of
expediting consideration of the bill. I agree that by
foregoing a sequential referral, the Committee on
Appropriations is not waiving its jurisdiction. Further, this
exchange of letters will be included in the committee report
on the bill.
Sincerely,
Adam Smith,
Chairman.
____
House of Representatives,
Committee on the Budget,
Washington, DC, June 13, 2019.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Smith: I am writing to you concerning the
bill H.R. 2500, the National Defense Authorization Act for
Fiscal Year 2020. There are certain provisions in the
legislation which fall within the Rule X jurisdiction of the
Committee on the Budget.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill the Committee on the Budget does
not waive any future jurisdictional claim over the subject
matters contained in the bill which fall within its Rule X
jurisdiction. I request that you urge the Speaker to name
members of this committee to any conference committee which
is named to consider such provisions.
Please place this letter into the committee report on H.R.
2500 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
John Yarmuth,
Chairman.
[[Page H5339]]
____
House of Representatives,
Committee on Armed Services,
Washington, DC, June 18, 2019.
Hon. John Yarmuth,
Chairman, Committee on the Budget,
House of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
2500, the National Defense Authorization Act for Fiscal Year
2020. I agree that the Committee on the Budget has valid
jurisdictional claims to certain provisions in this important
legislation, and I am most appreciative of your decision not
to request a referral in the interest of expediting
consideration of the bill. I agree that by foregoing a
sequential referral, the Committee on the Budget is not
waiving its jurisdiction. Further, this exchange of letters
will be included in the committee report on the bill.
Sincerely,
Adam Smith,
Chairman.
____
House of Representatives,
Committee on Education and Labor,
Washington, DC, June 17, 2019.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Mr. Smith: I am writing to you concerning the bill
H.R. 2500, the National Defense Authorization Act for Fiscal
Year 2020. There are certain provisions in the legislation
which fall within the Rule X jurisdiction of the Committee on
Education and Labor.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill the Committee on Education and
Labor does not waive any future jurisdictional claim over the
subject matters contained in the bill which fall within its
Rule X jurisdiction. I request that you urge the Speaker to
name members of this committee to any conference committee
which is named to consider such provisions.
Please place this letter into the committee report on H.R.
2500 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
Rep. Bobby Scott,
Chairman.
____
House of Representatives,
Committee on Armed Services,
Washington, DC, June 18, 2019.
Hon. Bobby Scott,
Chairman, Committee on Education and Labor,
House of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
2500, the National Defense Authorization Act for Fiscal Year
2020. I agree that the Committee on Education and Labor has
valid jurisdictional claims to certain provisions in this
important legislation, and I am most appreciative of your
decision not to request a referral in the interest of
expediting consideration of the bill. I agree that by
foregoing a sequential referral, the Committee on Education
and Labor is not waiving its jurisdiction. Further, this
exchange of letters will be included in the committee report
on the bill.
Sincerely,
Adam Smith,
Chairman.
____
House of Representatives,
Committee on Energy and Commerce,
Washington, DC, June 14, 2019.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Smith: I am writing to you concerning the
bill H.R. 2500, the ``National Defense Authorization Act for
Fiscal Year 2020''. Certain provisions in the legislation
fall within the jurisdiction of the Committee on Energy and
Commerce. In the interest of permitting your committee to
proceed expeditiously to floor consideration of this
important bill, the Committee will not request a sequential
referral and is waiving its right to said referral.
The Committee takes this action with the understanding that
it is not waiving any jurisdictional claim over this and
similar legislation or the subject matters contained in the
bill, that it will be appropriately consulted and involved as
this legislation moves forward, and that its jurisdictional
interests over this and similar legislation are in no way
diminished or altered. I request that you urge the Speaker to
name members of this committee to any conference committee
that is named to consider such provisions. The Committee also
reserves the right to seek appointment to any House-Senate
conference on such legislation and requests your support in
the event the Committee makes such a request.
Finally, I would appreciate a response to this letter
confirming this understanding and that you would place our
exchange of letters into the committee report on H.R. 2500
and the Congressional Record during consideration of the
measure on the House floor. Thank you for the cooperative
spirit in which you have worked with this committee regarding
this matter.
Sincerely,
Frank Pallone, Jr.,
Chairman.
____
Committee on Armed Services,
House of Representatives,
Washington, DC, June 18, 2019.
Hon. Frank Pallone, Jr.,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
2500, the National Defense Authorization Act for Fiscal Year
2020. I agree that the Committee on Energy and Commerce has
valid jurisdictional claims to certain provisions in this
important legislation, and I am most appreciative of your
decision not to request a referral in the interest of
expediting consideration of the bill. I agree that by
foregoing a sequential referral, the Committee on Energy and
Commerce is not waiving its jurisdiction. Further, this
exchange of letters will be included in the committee report
on the bill.
Sincerely,
Adam Smith,
Chairman.
____
House of Representatives,
Committee on Financial Services,
Washington, DC, June 14, 2019.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Mr. Chairman: I am writing to you concerning the bill
H.R. 2500, the National Defense Authorization Act for Fiscal
Year 2020. There are certain provisions in the legislation
which fall within the Rule X jurisdiction of the Committee on
Financial Services.
In the interest of permitting your Committee to proceed
expeditiously to floor consideration of H.R. 2500, I am
willing to waive this Committee's right to sequential
referral and forego formal consideration of H.R. 2500 at this
time. I do so with the understanding that by waiving
consideration of the bill, the Committee on Financial
Services does not waive any future jurisdictional claim over
the subject matters contained in H.R. 2500 which fall within
the Committee's Rule X jurisdiction. I also do so under the
mutual understanding that the Committee on Financial Services
will be appropriately consulted and involved as this or
similar legislation moves forward. The Committee reserves the
right to seek appointment of an appropriate number of
conferees to any House-Senate conference involving H.R. 2500,
and I request that you urge the Speaker to name members of
this committee to any conference committee which is named to
consider such provisions.
Please place this letter into the Committee report on H.R.
2500 and into the Congressional Record during consideration
of the measure on the House Floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter between our respective committees.
Sincerely,
Maxine Waters,
Chairwoman.
____
Committee on Armed Services,
House of Representatives,
Washington, DC, June 18, 2019.
Hon. Maxine Waters,
Chairwoman, Committee on Financial Services,
House of Representatives, Washington, DC.
Dear Ms. Chairwoman: Thank you for your letter regarding
H.R. 2500, the National Defense Authorization Act for Fiscal
Year 2020. I agree that the Committee on Financial Services
has valid jurisdictional claims to certain provisions in this
important legislation, and I am most appreciative of your
decision not to request a referral in the interest of
expediting consideration of the bill. I agree that by
foregoing a sequential referral, the Committee on Financial
Services is not waiving its jurisdiction. Further, this
exchange of letters will be included in the committee report
on the bill.
Sincerely,
Adam Smith,
Chairman.
____
House of Representatives,
Committee on Foreign Affairs,
Washington, DC, June 18, 2019.
Hon. Adam Smith,
Committee on Armed Services,
Washington, DC.
Dear Mr. Chairman: I am writing to you concerning the bill
H.R. 2500, the National Defense Authorization Act for Fiscal
Year 2020. There are certain provisions in the legislation
which fall within the Rule X jurisdiction of the House
Foreign Affairs Committee.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill the House Foreign Affairs Committee
does not waive any future jurisdictional claim over the
subject matters contained in the bill which fall within its
Rule X jurisdiction. I request that you urge the Speaker to
name members of this committee to any conference committee
which is named to consider such provisions.
Please place this letter into the committee report on H.R.
2500 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have
[[Page H5340]]
worked regarding this matter and others between our
respective committees.
Sincerely,
Eliot L. Engel,
Chairman.
____
House of Representatives,
Committee on Armed Services,
Washington, DC, June 18, 2019.
Hon. Eliot L. Engel,
Chairman, Committee on Foreign Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
2500, the National Defense Authorization Act for Fiscal Year
2020. I agree that the Committee on Foreign Affairs has valid
jurisdictional claims to certain provisions in this important
legislation, and I am most appreciative of your decision not
to request a referral in the interest of expediting
consideration of the bill. I agree that by foregoing a
sequential referral, the Committee on Foreign Affairs is not
waiving its jurisdiction. Further, this exchange of letters
will be included in the committee report on the bill.
Sincerely,
Adam Smith,
Chairman.
____
House of Representatives,
Committee on Homeland Security,
Washington, DC, June 17, 2019.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Mr. Smith: I am writing to you concerning H.R. 2500,
the ``National Defense Authorization Act for Fiscal Year
2020.'' There are certain provisions in the legislation which
fall within the Rule X jurisdiction of the Committee on
Homeland Security.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of H.R. 2500, the Committee on Homeland
Security does not waive any future jurisdictional claim over
the subject matters contained in the bill which fall within
its Rule X jurisdiction. I request that you urge the Speaker
to name members of this committee to any conference committee
which is named to consider such provisions.
Please place this letter into the committee report on H.R.
2500 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
Bennie G. Thompson,
Chairman.
____
House of Representatives,
Committee on Armed Services,
Washington, DC, June 18, 2019.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
2500, the National Defense Authorization Act for Fiscal Year
2020. I agree that the Committee on Homeland Security has
valid jurisdictional claims to certain provisions in this
important legislation, and I am most appreciative of your
decision not to request a referral in the interest of
expediting consideration of the bill. I agree that by
foregoing a sequential referral, the Committee on Homeland
Security is not waiving its jurisdiction. Further, this
exchange of letters will be included in the committee report
on the bill.
Sincerely,
Adam Smith,
Chairman.
____
House of Representatives,
Committee on the Judiciary,
Washington, DC, June 17, 2019.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Mr. Smith: I am writing to you concerning the bill
H.R. 2500, the National Defense Authorization Act for Fiscal
Year 2020. There are certain provisions in the legislation
which fall within the Rule X jurisdiction of the House
Committee on the Judiciary.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill the Judiciary Committee does not
waive any future jurisdictional claim over the subject
matters contained in the bill which fall within its Rule X
jurisdiction. I request that you urge the Speaker to name
members of this committee to any conference committee which
is named to consider such provisions.
Please place this letter into the committee report on H.R.
2500 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
Jerrold Nadler,
Chairman, House Committee on the Judiciary.
____
House of Representatives,
Committee on Armed Services,
Washington, DC, June 18, 2019.
Hon. Jerrold Nadler,
Chairman, Committee on The Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
2500, the National Defense Authorization Act for Fiscal Year
2020. I agree that the Committee on the Judiciary has valid
jurisdictional claims to certain provisions in this important
legislation, and I am most appreciative of your decision not
to request a referral in the interest of expediting
consideration of the bill. I agree that by foregoing a
sequential referral, the Committee on the Judiciary is not
waiving its jurisdiction. Further, this exchange of letters
will be included in the committee report on the bill.
Sincerely,
Adam Smith,
Chairman.
____
House of Representatives,
Committee on Natural Resources,
Washington, DC, June 13, 2019.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Mr. Smith: I am writing to you concerning the bill
H.R. 2500, the National Defense Authorization Act for Fiscal
Year 2020. There are certain provisions in the legislation
which fall within the Rule X jurisdiction of the Committee on
Natural Resources.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive the committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill, the Committee on Natural Resources
does not waive any future jurisdictional claim over the
subject matters contained in the bill which fall within its
Rule X jurisdiction. I request that you urge the Speaker to
name members of this committee to any conference committee
which is named to consider such provisions.
Please place this letter into the committee report on H.R.
2500 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
Raul M. Grijalva,
Chairman, Committee on Natural Resources.
____
House of Representatives,
Committee on Armed Services,
Washington, DC, June 18, 2019.
Hon. Ral M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
2500, the National Defense Authorization Act for Fiscal Year
2020. I agree that the Committee on Natural Resources has
valid jurisdictional claims to certain provisions in this
important legislation, and I am most appreciative of your
decision not to request a referral in the interest of
expediting consideration of the bill. I agree that by
foregoing a sequential referral, the Committee on Natural
Resources is not waiving its jurisdiction. Further, this
exchange of letters will be included in the committee report
on the bill.
Sincerely,
Adam Smith,
Chairman.
____
House of Representatives,
Committee on Oversight and Reform,
Washington, DC, June 17, 2019.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Mr. Chairman: I am writing to you concerning H.R.
2500, the National Defense Authorization Act for Fiscal Year
2020. There are certain provisions in the legislation which
fall within the Rule X jurisdiction of the Committee on
Oversight and Reform.
In the interest of permitting your Committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this Committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill, the Committee on Oversight and
Reform does not waive any future jurisdictional claim over
the subject matters contained in the bill which fall within
its Rule X jurisdiction. I request that you urge the Speaker
to name Members of this Committee to any conference committee
which is named to consider such provisions.
Please place this letter into the committee report on H.R.
2500 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective Committees.
Sincerely,
Elijah E. Cummings,
Chairman.
____
House of Representatives,
Committee on Armed Services,
Washington, DC, June 18, 2019.
Hon. Elijah E. Cummings,
Chairman, Committee on Oversight and Reform,
House of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
2500, the National Defense Authorization Act for Fiscal Year
2020.
[[Page H5341]]
I agree that the Committee on Oversight and Reform has valid
jurisdictional claims to certain provisions in this important
legislation, and I am most appreciative of your decision not
to request a referral in the interest of expediting
consideration of the bill. I agree that by foregoing a
sequential referral, the Committee on Oversight and Reform is
not waiving its jurisdiction. Further, this exchange of
letters will be included in the committee report on the bill.
Sincerely,
Adam Smith,
Chairman.
____
House of Representatives, Committee on Science, Space,
and Technology,
Washington, DC, June 14, 2019.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Mr. Smith: I am writing to you concerning the bill
H.R. 2500, the National Defense Authorization Act for Fiscal
Year 2020. There are certain provisions in the legislation
which fall within the Rule X jurisdiction of the Committee on
Science, Space, and Technology.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill the Committee on Science, Space,
and Technology does not waive any future jurisdictional claim
over the subject matters contained in the bill which fall
within its Rule X jurisdiction. I request that you urge the
Speaker to name members of this committee to any conference
committee which is named to consider such provisions.
Please place this letter into the committee report on H.R.
2500 and into the Congressional . Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
Eddie Bernice Johnson,
Chairwoman, Committee on Science,
Space, and Technology.
____
House of Representatives,
Committee on Armed Services,
Washington, DC, June 18, 2019.
Hon. Eddie Bernice Johnson,
Chairwoman, Committee on Science, Space, and Technology,
House of Representatives, Washington, DC.
Dear Ms. Chairwoman: Thank you for your letter regarding
H.R. 2500, the National Defense Authorization Act for Fiscal
Year 2020. I agree that the Committee on Science, Space, and
Technology has valid jurisdictional claims to certain
provisions in this important legislation, and I am most
appreciative of your decision not to request a referral in
the interest of expediting consideration of the bill. I agree
that by foregoing a sequential referral, the Committee on
Science, Space, and Technology is not waiving its
jurisdiction. Further, this exchange of letters will be
included in the committee report on the bill.
Sincerely,
Adam Smith,
Chairman.
____
House of Representatives,
Committee on Small Business,
Washington, DC, June 10, 2019.
Hon. Adam Smith,
Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Mr. Smith: I am writing to you concerning the bill
H.R. 2500, the National Defense Authorization Act for Fiscal
Year 2020. There are certain provisions in the legislation
which fall within the Rule X jurisdiction of the Committee on
Small Business.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill the Committee on Small Business
does not waive any future jurisdictional claim over the
subject matters contained in the bill which fall within its
Rule X jurisdiction. I request that you urge the Speaker to
name members of this committee to any conference committee
which is named to consider such provisions.
Please place this letter into the committee report on H.R.
2500 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
Nydia M. Velazquez,
Chairwoman.
____
House of Representatives,
Committee on Armed Services,
Washington, DC, June 18, 2019.
Hon. Nydia M. Velazquez,
Chairwoman, Committee on Small Business,
House of Representatives, Washington, DC.
Dear Ms. Chairwoman: Thank you for your letter regarding
H.R. 2500, the National Defense Authorization Act for Fiscal
Year 2020. I agree that the Committee on Small Business has
valid jurisdictional claims to certain provisions in this
important legislation, and I am most appreciative of your
decision not to request a referral in the interest of
expediting consideration of the bill. I agree that by
foregoing a sequential referral, the Committee on Small
Business is not waiving its jurisdiction. Further, this
exchange of letters will be included in the committee report
on the bill.
Sincerely,
Adam Smith,
Chairman.
____
House of Representatives,
Committee on Transportation and Infrastructure,
Washington, DC, June 14, 2019.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Mr. Smith: I am writing to you concerning HR. 2500,
the National Defense Authorization Act for Fiscal Year 2020,
as amended. There are certain provisions in the legislation
that fall within the Rule X jurisdiction of the Committee on
Transportation and Infrastructure.
In the interest of permitting your committee to proceed
expeditiously to floor consideration, I am willing to waive
this committee's right to sequential referral. I do so with
the understanding that by waiving consideration of the bill,
the Committee on Transportation and Infrastructure does not
waive any future jurisdictional claim over the subject
matters contained in the bill which fall within its Rule X
jurisdiction. I also request that you urge the Speaker to
name members of this Committee to any conference committee
which is named to consider such provisions.
Please place a copy of this letter and your response
acknowledging our jurisdictional interest into the committee
report on H.R. 2500 and into the Congressional Record during
consideration of the measure on the House floor.
Sincerely,
Peter A. DeFazio,
Chair.
____
House of Representatives,
Committee on Armed Services,
Washington, DC, June 18, 2019.
Hon. Peter A. DeFazio,
Chairman, Committee on Transportation & Infrastructure, House
of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
2500, the National Defense Authorization Act for Fiscal Year
2020. I agree that the Committee on Transportation and
Infrastructure has valid jurisdictional claims to certain
provisions in this important legislation, and I am most
appreciative of your decision not to request a referral in
the interest of expediting consideration of the bill. I agree
that by foregoing a sequential referral, the Committee on
Transportation and Infrastructure is not waiving its
jurisdiction. Further, this exchange of letters will be
included in the committee report on the bill.
Sincerely,
Adam Smith,
Chairman.
____
House of Representatives,
Committee on Veterans Affairs,
Washington, DC, June 14, 2019.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Mr. Smith: I am writing to you concerning the bill
H.R. 2500, the National Defense Authorization Act for Fiscal
Year 2020. There are certain provisions in the legislation
which fall within Rule X jurisdiction of the Committee on
Veterans' Affairs.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill the Committee on Veterans' Affairs
does not waive any future jurisdictional claim over the
subject matters contained in the bill which fall within its
Rule X jurisdiction. I request that you urge the Speaker to
appoint Committee on Veterans' Affairs members to any
conference committee which is named to consider such
provisions.
Please place this letter into the committee report on H.R.
2500 and into the Congressional Record during consideration
of the measure on the House floor to memorialize our
understanding. Thank you for the cooperative spirit in which
you have worked regarding this matter and others between our
respective committees.
Sincerely,
Mark Takano,
Chairman,
Committee on Veterans' Affairs.
____
House of Representatives,
Committee on Armed Services,
Washington, DC, June 18, 2019.
Hon. Mark Takano,
Chairman, Committee on Veterans Affairs,
House of Represetatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
2500, the National Defense Authorization Act for Fiscal Year
2020. I agree that the Committee on Veterans' Affairs has
valid jurisdictional claims to certain provisions in this
important legislation, and I am most appreciative of your
decision not to request a referral in the interest of
expediting consideration of the bill. I agree that by
foregoing a sequential referral, the Committee on Veterans'
Affairs is not
[[Page H5342]]
waiving its jurisdiction. Further, this exchange of letters
will be included in the committee report on the bill.
Sincerely,
Adam Smith,
Chairman.
____
House of Representatives,
Committee on Intelligence,
June 18, 2019.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Smith: I am writing to you concerning H.R.
2500, the National Defense Authorization Act for Fiscal Year
2020. Certain provisions in the legislation fall within the
jurisdiction of the House Permanent Select Committee on
Intelligence (HPSCI), as set forth in Rule X of the House of
Representatives for the 116th1Congress.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. By waiving consideration of H.R. 2500, HP SCI does
not waive any future jurisdictional claim over the subjects
contained in the bill which fall within HPSCl's Rule
Xjurisdiction. I further request that you urge the Speaker to
appoint members of HPSCI to any conference committee which is
named to consider provisions addressing such subjects.
Please place this letter into the committee report on H.R.
2500 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
Adam B. Schiff,
Chairman.
____
House of Representatives,
Committee on Armed Services,
Washington, DC, June 18, 2019.
Hon. Adam Schiff,
Chairman, Permanent Select Committee on Intelligence, House
of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
2500, the National Defense Authorization Act for Fiscal Year
2020. I agree thatthe Permanent Select Committee on
Intelligence has valid jurisdictional claims to certain
provisions in this important legislation, and I am most
appreciative of your decision riot to request a referral in
the interest of expediting consideration of the bill. I agree
that by foregoing a sequential referral, the Permanent Select
Committee on Intelligence is not waiving its jurisdiction.
Further, this exchange of letters will be included in the
committee report on the bill.
Sincerely,
Adam Smith,
Chairman,
Mr. THORNBERRY. Mr. Chairman, I yield myself such time as I may
consume.
Mr. Chairman, I first want to thank Chairman Smith and the members of
the Armed Services Committee for the work they have put into developing
this product over the course of the year. We have a number of new
members on the committee, and I continue to be impressed with the
seriousness with which they take their task, with the different
insights based on their background and perspective. It has been very
helpful.
I also want to thank the staff. As you can tell, Mr. Chairman, from
the size of the bill, as well as the number of amendments filed
throughout the process, it is a big job, and a limited number of staff
have worked very hard to get us to this point.
I think maybe it is helpful to just step back for a second and talk
about what this bill is about.
The Preamble of the Constitution says that one of the reasons we have
a government is to provide for the common defense, but Article I,
Section 8 goes into specifics by putting the responsibility on
Congress' shoulders to raise and support, provide and maintain the
military forces for the United States.
How well we do or do not do that job that the Constitution puts on us
has real consequences. Literally, the life and death of the men and
women who serve are at stake, as well as the security, the safety, and
the well-being of men and women throughout the country. It is a
significant responsibility, and, again, the Constitution says it is
ours.
Now, as the chairman noted, for 58 straight years, one of the ways we
have fulfilled that responsibility under the Constitution has been to
pass, and a President of both parties has signed, a National Defense
Authorization Act. Fifty-eight straight years that has occurred. And
most of that time, at least certainly in my experience over the last 25
years, it has been done on a bipartisan basis.
For example, in last year's bill, the committee reported the bill
favorably by a vote of 60-1. The year before, it was 60-1. The year
before that, it was 60-2. The year before that, it was 60-2. Last year,
on final passage, the vote on this floor was 351-66. The year before
that, it was 344-81.
I could go on, but the point is, that there has been strong
bipartisan support in fulfilling that essential responsibility under
the Constitution.
As you know, Mr. Chairman, this year is different. This year, the
bill was reported out of committee by a vote of 33-24, and the reasons
were serious, substantive disagreements with provisions that were in
the bill.
As the chairman, himself, said in, I believe, 2016: ``There is
nothing shameful about making a legitimate policy choice to oppose the
NDAA or any other bill. . . . Regardless of whether we support the NDAA
or not, we all support the brave men and women of our military who
defend the country.''
I think the chairman was right then, and I think the statement is
still true today.
When the bill came out of committee, some of us had a hard time
deciding whether to support it or not because there are many good
elements in this bill. And it is absolutely true that, from the ground
up, a number of Republicans, as well as Democrats, have worked together
to contribute to this bill. My view was that there were some
adjustments that could be made that would enable most Members to
support it.
Unfortunately, what has happened, as the bill now has come out of the
Rules Committee, is, in my view, at least, unprecedented.
First, the rule self-executes an amendment that has a number of
serious issues. Now, a lot of them have serious support, but shouldn't
they be on the floor so that we can talk about them, perhaps discuss
offsets on some very challenging issues that we have grappled with over
the years?
But then when it comes to other amendments, I believe that of the 439
made in order, 340 of them are Democratic-sponsored, 98 are Republican.
That is not the way it has been before.
Last year, more Democratic amendments were made in order on the floor
than Republican amendments. The year before, it was just about exactly
even. So we see the bill drifting in a particular direction.
Most concerning, I think, in many respects, is, of the contested
amendments--in other words, of those amendments about which there is a
difference and there will be a debate and probably a vote--63 of them
are sponsored by Democrats.
{time} 1715
I believe there is just one sponsored by Republicans, Mr. Turner's on
low yield. I don't believe there is another contested amendment that
the rule has made in order.
Now, the problem with that, Mr. Chairman, is there is virtually no
opportunity to improve the bill.
I think Chairman Smith made a very important point in the Rules
Committee yesterday. He said it is with this bipartisan input and
support, every step in the process that results in a better bill. And I
think we have proven that time and time again.
Unfortunately, that is not what we are seeing today.
We have made a lot of progress in the last 2 years. As most Members
know, starting in 2011, defense spending was cut in real terms about 20
percent. Both Republicans and Democrats share responsibility for that,
by the way. And both Democrats and Republicans share responsibility for
making up about half of that amount in the last 2 years, but we haven't
finished the job.
As a matter of fact, a study in the Military Times earlier this year
found that military aviation accidents have increased 40 percent over
the past 5 years, but military aviation accident deaths hit a 6-year
high in 2018.
The point is, we made a good start at fixing our problems, but we
have not finished the job. And that is part of the reason that some of
us are so concerned about cutting the administration's request by $17
billion, to fail to keep that momentum on fixing our readiness, on
modernization, on research in key areas, all of the different
categories in making sure that we continue to improve the situation for
our troops.
Mr. Chairman, there are a lot of good things in this bill, but they
can't seem
[[Page H5343]]
to overcome the ways in which this bill takes steps backwards.
I don't know. There are lots of things we could talk about. The
bottom line, however, is there is only one thing that matters: does
this bill adequately support our troops and American national security?
There is really nothing else, no other criteria, that matters the way
that that fundamental question does.
I am concerned that this bill does not meet that standard. I know a
number of my colleagues are concerned about that as well.
We have hopes that at some point in the process, the bill will
actually come closer to adequately supporting our troops and American
national security, but it is not there yet. And I have concerns, given
what the Rules Committee has done, that it will be hard to do so on
this floor.
Mr. Chair, I reserve the balance of my time.
Mr. SMITH of Washington. Mr. Chair, I yield myself such time as I may
consume.
Mr. Chair, I will just say quickly that I completely agree with the
ranking member. The question is, does this bill adequately support our
national security?
I don't think that is even debatable. There is no question that at
$733 billion, with all the bipartisan provisions that we put in there,
this bill more than adequately supports our troops and supports our
national security.
That is why I think it is so wrong that even in committee, the
Republicans have decided to oppose it. It does more than adequately
support.
Now, there are things we disagree with, certainly, but I totally
agree with that formulation. If you believe this bill at least
adequately, I think more than adequately, supports it, you ought to
vote for it.
The only comment I will make on the floor amendments is we submitted
480 on the Democratic side, the Republicans submitted 201. So, yes,
there are going to be more Democratic amendments, because we, I guess,
are a little bit more prolific in that regard, but there is not a
partisan effort in that.
Mr. Chair, I yield 3 minutes to the gentleman from New Jersey (Mr.
Norcross), the chairman of the Tactical Air and Land Forces
Subcommittee.
Mr. NORCROSS. Mr. Chair, I thank the chairman for yielding and
certainly for the work that we have all done, particularly under his
leadership, to bring this to the floor.
Mr. Chair, this bill continues that long tradition of transparent and
bipartisan work by the Tactical Air and Land Forces Subcommittee to
support the development and delivery of capabilities that make
America's land forces the best in the world.
Mr. Chair, I would like to thank our subcommittee ranking member,
Mrs. Hartzler, for her collaboration and contribution to the bill. Both
she and her staff have been helpful during this entire process. It is
certainly what works well here in Congress. And I appreciate her
commitment to the bipartisan tradition we proudly uphold on our
subcommittee.
The subcommittee mark was adopted by unanimous voice vote, which is
indicative of how important it was to both Democrats and Republicans,
but most importantly, Americans.
This cooperation helped us focus on what is important: that we
deliver a defense authorization act that meets the modernization and
readiness requirements of our Nation's air and land forces.
The committee used the $733 billion as a top line based on sworn
testimony from military officials, and the $733 billion is the amount
that would give our forces a competitive advantage, based on the
capabilities of Russia and China, by 2025.
In fact, the Chairman of the Joint Chiefs of Staff, General Dunford,
said that $733 billion:
Is completely informed by the analysis conducted by the
military, for the path of capability development.
This goes to the heart of the conversation that we are having here:
Are we doing what is right? Certainly the military spelled that out in
the number that they provided for the research, development, and
acquisition of modern defense systems recommended by our military
leaders.
At the same time, this bill includes bipartisan provisions that
increase our oversight of the Department's largest, most complex, and
expensive programs to protect the taxpayers, support our troops, and
boost American industry.
Overall, this is a thoughtful, carefully constructed bill that
emphasizes aggressive, effective oversight for the development of our
country.
Mr. THORNBERRY. Mr. Chairman, I yield 2 minutes to the distinguished
gentlewoman from Missouri (Mrs. Hartzler).
Mrs. HARTZLER. Mr. Chairman, I rise to express concerns regarding
H.R. 2500, the National Defense Authorization Act for Fiscal Year 2020,
specifically the overall top-line budget for the Department of Defense
that is outlined in the bill.
Senior military commanders, including General Dunford and Secretary
Mattis, have testified that a 3 to 5 percent real growth in the defense
budget top line is the minimum necessary to maintain readiness recovery
and our competitive edge over peer adversaries like Russia and China.
Regrettably, this bill in its current form reduces the President's
budget request by $17 billion to achieve an arbitrary lower top line.
To reach this lower top line, many critical modernization and
readiness programs had funding reduced that will slow our recovery
efforts. These programs include hypersonic munition development,
precision-guided munitions, the Air Force Next Generation Air Dominance
program, and F-15C spares and repair parts.
I am concerned that we are creating conditions that could prohibit
the realization of the National Defense Strategy and impact our ability
to project credible deterrence at a time when we need it most, given
the evolving threats that we now face.
Mr. Chair, as the ranking member of the Tactical Air and Land Forces
Subcommittee, I would like to thank our subcommittee chairman, Donald
Norcross, for his leadership and his bipartisanship.
From a policy perspective, I am pleased with the legislative outcomes
the subcommittee was able to accomplish with this bill. For example,
the bill rightfully recognizes the importance of fifth generation
strike fighter capability and also supports growing fighter force
structure capacity through strong support for both the F-15EX and the
F-35 programs.
The bill appropriately provides oversight on vehicle Active
Protection Systems for combat and tactical vehicles and authorizes
additional funding for these critically needed systems.
The NDAA has always been a product of bipartisan consensus, and I
hope that as we go forward with the floor process, we can reach that
level of consensus again.
Mr. SMITH of Washington. Mr. Chairman, I yield 3 minutes to the
gentleman from Rhode Island (Mr. Langevin), who is the chair of the
Intelligence and Emerging Threats and Capabilities Subcommittee.
Mr. LANGEVIN. Mr. Chair, I want to thank the gentleman for yielding.
Today I rise in strong support of the fiscal year 2020 NDAA, and I
would like to thank Chairman Smith for his work on this important
legislation.
I am particularly pleased with the provisions in the bill that were
reported out of the Intelligence and Emerging Threats and Capabilities
Subcommittee, which I chair.
Mr. Chair, I want to also begin by thanking my subcommittee ranking
member, Ms. Stefanik, for her contributions to this bill and her
bipartisan partnership throughout the process.
Befitting our focus on emerging capabilities, this bill provides for
additional investments in cybersecurity as well as 5G technology, and
additive manufacturing, and supports education programs to grow the
STEM workforce.
Recognizing the challenges of foreign intelligence services targeting
academic institutions, the bill establishes a public-private
partnership at the National Academies to address counterintelligence
concerns, while maintaining an open and collaborative research
environment.
Provisions are included also to synchronize efforts and leverage best
practices across the Department relating to network, industrial base,
military installation, and weapon system cybersecurity. We strengthen
oversight of military operations in cyber operations to ensure the
administration's more assertive posture continues to promote stability
in cyberspace.
[[Page H5344]]
Several provisions in the bill also reflect my priority that Special
Operations Forces remain a professional, agile, and ready force
postured for high-end missions. In recognition, though, of the tragic
three-fold increase of SOF suicides in 2018, the bill increases funding
for suicide prevention. This bill also maintains a focus on
professionalism and ethics of the force.
The NDAA places significant emphasis on ensuring the Defense
Intelligence Enterprise also is oriented to provide maximum support to
Department requirements.
The bill also requires more rigorous reporting on the progress of the
Joint Artificial Intelligence Center and the technical achievements of
Project Maven.
Further, this legislation includes critical investments in our
submarine fleet. I hail from the great State of Rhode Island, and we
are deeply proud of our Nation's submarines, all of which start their
journey being built at Quonset Point in my district. Thanks to the
leadership of Congressman Joe Courtney from Connecticut, this NDAA
recognizes the unique contributions of our undersea vessels, and for
the first time includes a third Virginia-class submarine.
It also makes sustained investments in game-changing technologies,
like electromagnetic railgun and directed energy weapon systems,
positioning our warfighters to continue to dominate the battlefield for
decades to come.
Finally, the fiscal year 2020 NDAA makes measured investments that
reflect both our many national security challenges and the fiscal
realities that we face. It reflects the hard choices that our
constituents demand on us when spending their tax dollars and it
enhances congressional oversight to ensure those dollars are
used wisely.
Now, I have heard my colleagues across the aisle decry it as
underfunding the military. Well, I fundamentally disagree.
This is my 17th NDAA, and if this bill put our troops at risk, I
would be the first to say so and I would not support it. It does not.
The CHAIR. The time of the gentleman has expired.
Mr. SMITH of Washington. Mr. Chair, I yield an additional 30 seconds
to the gentleman from Rhode Island (Mr. Langevin).
Mr. LANGEVIN. Mr. Chair, our military is the finest in the world, but
there must be accountability and the Department must live within its
means.
Mr. Chair, I commend Chairman Smith for striking an appropriate
balance with this NDAA, and I urge my colleagues to support it.
Mr. THORNBERRY. Mr. Chairman, I yield 2 minutes to the distinguished
gentleman from Virginia (Mr. Wittman).
Mr. WITTMAN. Mr. Chairman, I thank the ranking member for yielding.
Mr. Chair, I have supported every National Defense Authorization Act
since I arrived in Congress 11 years ago.
Unfortunately, in its current form, I rise in opposition to H.R.
2500, the National Defense Authorization Act for Fiscal Year 2020.
This bill does a number of good things. Notably, it includes an
authorization of 11 ships, it reaffirms congressional support for
midlife refueling of the USS John C. Stennis, it robustly supports the
merchant marine with the reauthorization of the Maritime Security
Program, and it provides for a new tanker security program that our
services need.
In summary, the bill did a good job with the resources that were
provided.
However, due to the decrement of $15 billion from the President's
budget request, the bill imposed the limitations on low-yield nuclear
weapons, restrictions on the President's request to secure the border,
and an entirely avoidable failure to adequately restrict the 9/11
detainees. All of these issues led me to oppose final passage of the
NDAA in committee.
In the Seapower and Projection Forces Subcommittee, the reduction of
$15 billion will lead to delay in the construction of the next Ford-
class aircraft carrier by 1 year, eliminate a replenishment ship,
reduce the Navy's innovation by limiting development of unmanned
surface vessels, and restrict critical development of anti-mine warfare
programs.
{time} 1730
Additionally, this top-line reduction limited our subcommittee's
flexibility to address critical shortfalls in amphibious ships and
weapons. Simply put, we can do better.
While I am concerned about the entirety of this current bill, I am
not concerned about the bipartisan nature of our subcommittee. I want
to specifically thank Chairman Courtney and his team for their
extraordinary effort and their leadership toward a bipartisan
subcommittee mark. He did extraordinary work reaching across the aisle
and getting everybody's thoughts and ideas about what should be in the
subcommittee mark, something that should also be part of every
continuing effort subsequently. I have no doubt in his support for our
national security, and I appreciate his dedication and passion for this
effort.
In the end, I am hopeful that our amendment debate in the following
days will serve to make our bill a stronger, bipartisan bill. But in
its current form, I urge my colleagues to oppose final passage.
Mr. SMITH of Washington. Mr. Chair, I am pleased to yield 2 minutes
to the gentleman from Tennessee (Mr. Cooper), chairman of the
Subcommittee on Strategic Forces.
Mr. COOPER. Mr. Chair, I thank the chairman for yielding.
Mr. Chair, the Strategic Forces Subcommittee probably has the
heaviest responsibility of any in Congress, or possibly in the world,
because authorizing nuclear weapons affects the fate of the Nation and
of the planet. I thank all of our subcommittee members and our
wonderful staff for their hard work on this bill.
The most important duty of our government is to defend the Nation,
and the number one priority of the Defense Department is to make sure
that we have safe, secure, reliable, and effective nuclear weapons.
This subcommittee has a long tradition of bipartisanship on these vital
issues.
This bill upholds our commitment to maintaining a strong nuclear
deterrent force. We owe it to our constituents, to our allies, and to
the planet to strengthen and preserve the remarkable peace and
prosperity that the world has known for the last 75 years.
As an example, this bill funds the National Nuclear Security
Administration at 4.3 percent over last year's appropriation, which
also means a $608 million increase to the NNSA Weapons Activities
programs.
We take steps to reduce the risk of nuclear miscalculation. This bill
denies President Trump's request for a new low-yield nuclear weapon for
use on our nuclear submarines, a request that would undermine our
security.
The last 60 years of nuclear deterrent strategy were based, in large
part, on the U.S. strategic nuclear submarine force, that most
survivable leg of our triad, never being used for tactical nuclear
weapons. Deploying another low-yield nuclear weapon, of which we have
countless ones and other delivery systems, is not only unnecessary but
a dangerous policy.
We prioritize a production level of 30 plutonium pits a year and
making this happen as soon as possible by 2026. This goal alone will be
extremely challenging. We must set up NNSA for success.
On arms control treaties, we continue to be challenged by the
administration, which continues to try to upend treaties. This bill
supports the Open Skies Treaty.
Mr. Chair, I look forward to our colleagues supporting this important
legislation.
Mr. THORNBERRY. Mr. Chair, I am pleased to yield 2 minutes to the
distinguished gentlewoman from New York (Ms. Stefanik).
Ms. STEFANIK. Mr. Chair, I thank the ranking member for yielding.
First, I thank my colleague and counterpart, Chairman Jim Langevin,
for his bipartisan work on this bill.
As ranking member of the Subcommittee on Intelligence and Emerging
Threats and Capabilities, I want to highlight some broad themes that I
am supportive of in this bill.
First, this bill is active in all areas of our subcommittee's
jurisdiction. We continue our focus on emerging technologies, including
manufacturing technologies that are fundamental to our advancements and
scaling of
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hypersonic weapons and directed energy. We also include an emphasis on
basic research and the important contributions provided by universities
and Department of Defense labs. And we enhanced capabilities and
support for our Special Operations Forces, including additional funds
for the Preservation of the Force and Families program.
The bill also extends the National Security Commission on Artificial
Intelligence, which is a provision I sponsored in section 1051 of last
year's NDAA that created this Commission to advance the development of
AI. The Commission's recommendations will help us maintain global
leadership in AI research and prepare our citizens for an AI-enabled
future.
As a second broad theme, this bill continues the tradition of robust
congressional oversight of sensitive military operations and
activities, including cyber, counterterrorism, and intelligence. These
are broad, bipartisan frameworks put in place several years ago by
then-Chairman Mac Thornberry, as well as myself and subcommittee
Chairman Jim Langevin. I am pleased that we continue to advance these
frameworks.
As we move forward to debate and consider this NDAA, we should remind
ourselves of our role in national security as a legislative body. It is
our principal responsibility to protect our homeland and provide our
men and women in uniform the tools and training they need to safely
execute their dangerous missions on our behalf.
I am very concerned about where our colleagues in the majority are
taking this bill and whether we are fulfilling that duty. Despite
Ranking Member Thornberry's hard work in committee to restore funding
to $750 billion, this bill remains $15 billion short of
the recommendations from former Secretaries of Defense, current Acting
Secretaries of Defense, and senior military commanders.
The CHAIR. The time of the gentlewoman has expired.
Mr. THORNBERRY. Mr. Chair, I yield an additional 30 seconds to the
gentlewoman from New York.
Ms. STEFANIK. With the top-line of $735 billion, this bill would cut
personnel accounts; limit programs that deter against great power
competition, such as Russia and China; and severely regress all the
efforts we have put in to recover readiness from the devastating blow
of sequestration.
While I support portions of this bill, and I supported this bill in
committee, I am deeply concerned that it is moving in the wrong
direction as this comes to the floor, that it fails to support the
needs of our men and women in uniform, and that it does not reflect
longstanding bipartisan tradition.
Mr. Chair, I look forward to a full and fair debate on these issues,
and I urge my colleagues to consider this lack of bipartisan support as
they decide their vote on the final passage.
Mr. SMITH of Washington. Mr. Chair, I am pleased to yield 2 minutes
to the gentleman from Connecticut (Mr. Courtney), the chairman of the
Subcommittee on Seapower and Projection Forces.
Mr. COURTNEY. Mr. Chair, I rise in strong support of the 2020
National Defense Authorization Act.
As chair of the Seapower and Projection Forces Subcommittee, I
believe this bill invests in critical priorities for our Nation in a
new era of great power competition.
On seapower, we responsibly scrubbed the portions of the President's
budget request under our jurisdiction and identified savings that allow
us to smartly provide for the ships, aircraft, and capabilities our
Nation needs.
This bill authorizes a $22 billion shipbuilding budget to construct
11 battle force ships, including three Virginia-class submarines, three
Arleigh Burke destroyers, one frigate, one LPD amphibious ship, one T-
AO oiler, and two salvage and rescue ships.
Also, this bill will statutorily reverse the administration's
baffling decision to cancel refueling the carrier USS Harry S. Truman,
which would have squandered $538 million of sunk costs already paid for
by the American taxpayers.
Additionally, on sealift, we translated the urgent testimony from
leaders at MARAD into real action by legislating a long-term
reauthorization of the Maritime Security Program, creating a new tanker
security program to secure our military's fuel supply, and establishing
a new-build domestic sealift vessel program.
This bill also provides strong support for our projection forces,
including the KC-46 tanker, the B-21 long-range bomber, and the B-52
re-engining program.
Outside of seapower, the full committee worked hard to improve
quality of life for servicemembers and their families. I am pleased
that my amendment at committee is included in this bill, which reverses
last year's callous DOD order blocking longer term servicemembers'
ability to transfer their GI Bill benefits to eligible dependents.
This mark would not have been possible without the work of my friend
and ranking member, Rob Wittman; our subcommittee staff, Phil
MacNaughton, Dave Sienicki, and Megan Handal; and all our subcommittee
members, particularly our new members, and their contributions to this
year's bill.
Overall, I am confident that the bill we will vote on later this
week, which had significant bipartisan input, will meet the pressing
needs of the sea services and protection forces and provide a historic
boost of quality of life that our All-Volunteer Force deserves. I
strongly encourage my colleagues to support this legislation when it
comes to a vote Friday.
Mr. THORNBERRY. Mr. Chair, I am pleased to yield 2 minutes to the
distinguished gentleman from Colorado (Mr. Lamborn).
Mr. LAMBORN. Mr. Chair, I thank the ranking member for yielding and
for his leadership.
Mr. Chair, as we consider H.R. 2500, the 2020 National Defense
Authorization Act, it is important to remember that this bill is about
ensuring the men and women in our Armed Forces and their families that
they have what they need to defend our great Nation. We have done well
in some respects, but we have come up regrettably short in other areas
vital to our military.
I am proud of the bipartisan work the Readiness Subcommittee
completed under the leadership of my friend, Chairman Garamendi. We
funded all MILCON projects on the unfunded requirements lists,
prohibited nondisclosure agreements in privatized military family
housing, directed development of a tenants' bill of rights, directed
TRANSCOM to do a business case analysis before awarding a global
household goods contract, and took major steps to address fluorinated
firefighting foams.
This bill comes to the floor as we emerge from a dangerous readiness
crisis. We have made big strides to rebuild readiness while also
modernizing for near-peer competitors, but we cannot move backward now.
Secretary Mattis and General Dunford said we needed 3 to 5 percent
real growth to keep our competitive edge against Russia and China. By
not supporting the $750 billion request, we are not maintaining that
edge.
The bill does not support strategic priorities such as hypersonic and
low-yield weapons, and it fails to fund almost $1.5 billion in key
readiness accounts. It also failed to fund a high-value detainee
complex at Guantanamo Bay.
For these reasons, I could not support final passage of the NDAA out
of committee. I am hopeful that we can improve the bill in a bipartisan
way through the amendment process. Failing that, I will urge my
colleagues to vote against final passage.
Mr. SMITH of Washington. Mr. Chair, I am pleased to yield 2 minutes
to the gentleman from California (Mr. Garamendi), the chairman of the
Readiness Subcommittee.
(Mr. GARAMENDI asked and was given permission to revise and extend
his remarks.)
Mr. GARAMENDI. Mr. Chair, I rise in support of this legislation. It
is a good piece of legislation.
I thank Chairman Smith; Ranking Member Thornberry; and my colleague,
Mr. Lamborn, for working with our committee. We worked closely with
members of the committee on and off to ensure that the bill addresses
four priority areas affecting our military.
First, we ask the question: Is the military ready for climate change?
It is not. In the last 12 months, severe storms have devastated Marine
Corps
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Base Camp Lejeune, Marine Corps Air Station Cherry Point, Tyndall Air
Force Base, and Offutt Air Force Base. This NDAA will accelerate and
enhance readiness by requiring the Department of Defense to plan for
and respond to the threat that climate change poses to military
installations and operations.
Second, the bill includes a number of bipartisan provisions aimed at
addressing problems associated with the management and oversight of
military housing for families.
Third, the bill authorizes additional funding and includes bipartisan
provisions to mitigate drinking water contamination resulting from
fluorinated compounds used in military installations.
Fourth, the bill continues to uphold the committee's responsibility
to conduct oversight of, and provide support for, military training
maintenance and infrastructure. For example, the mark authorizes $256.4
billion, an $8.8 billion increase over fiscal year 2019 authorized
levels, for operation and maintenance accounts. This includes an
additional $834 million to address submarine and surface ship
maintenance shortfalls and an additional $309 million for the Air Force
weapon systems sustainment accounts. It also includes $11.5 billion for
military construction, family housing, and implementation of previous
Base Realignment and Closure activities.
This includes $168 million above the budget request for construction
projects associated with the European Deterrence Initiative and
authorizes 31 additional programs.
Mr. Chair, today I rise in support of the fiscal year 2020 National
Defense Authorization Act (NDAA). I would like to start by thanking
Chairman Smith and the House Armed Services Committee staff who have
worked many long nights putting together this year's NDAA. The bill
that is before the House is a good bill and I encourage my colleagues
to support its passage.
As the Chairman of the Readiness Subcommittee, I worked closely with
members on and off the committee to ensure the bill addressed three
priority areas affecting our military. First, the bill includes a
number of bipartisan provisions aimed at addressing problems associated
with the management and oversight of military family housing. The bill
does the following:
Requires the military services to establish a tenants' bill of rights
for residents of privatized military family housing;
Requires the Secretary of Defense to develop an assessment tool to
identify and measure health and safety hazards in housing;
Prohibits the use of non-disclosure agreements in connection with
entering into, continuing, or terminating a lease for on-base military
housing;
Authorizes an additional $140.8 million to hire additional civilian
personnel to improve oversight and management of military family
housing; and
Creates a public database for complaints related to military housing,
requires annual financial audits of randomly selected privatized
military family housing, and annual congressional reports on the
condition, maintenance, and management of privatized military family
housing.
Second, the bill authorizes additional funding and includes
bipartisan provisions to mitigate drinking water contamination
resulting from fluorinated compounds around military installations:
Prohibits the release of fluorinated firefighting foam (AFFF) at
military installations except in cases of emergency response or in
limited circumstances;
Requires the Secretary of Navy to complete a new military
specification by January 2025 for a fluorine free firefighting agent to
be used at all DoD installations and a complete ban on fluorinated
foams on military installations by September 2029, or sooner if
possible;
Authorizes the National Guard to access Defense Environmental
Remediation Account funds, for five years, for the limited purpose of
addressing Per- and Polyfluoroalkyl Substances (PFAS) exposure and
contamination;
Prohibits the use of fluorinated AFFF in training exercises and
encourages the Department to ensure adequate training for individuals
in regular contact with AFFF about the potential dangers associated
with PFAS;
Requires a report on the Department's understanding of best-practices
for cleanup and disposal of PFAS;
Provides an additional $121.3 million in environmental restoration
accounts for remediation activities related to perfluorinated chemicals
in drinking water on or near military installations; and
Authorizes DoD to provide fresh water and treatment of contaminated
water for agricultural purposes adjacent to a military installation
where water is contaminated due to military activities.
Third, the bill contains a number of sensible provisions requiring
the Department of Defense to plan for and respond to the threat that
climate change poses to military installations and military operations:
Requires DoD to develop installation master plans that assess current
climate vulnerabilities and plan for mitigating the risks;
Limits DoD's ability to spend planning and design funds until it
initiates the process of amending the building standards for military
construction to ensure that building practices and standards promote
energy, climate, and cyber resilience at military installations;
Requires all proposals for military construction projects to consider
potential long-term changes in environmental conditions, and
increasingly frequent extreme weather events, as well as, industry
best-practices to withstand extreme weather events;
Authorizes an additional $40 million for the Department's Energy
Resilience and Conservation Investment Program; and
Directs the Secretary of Defense to develop a climate vulnerability
and risk assessment tool to assist in providing standardized risk
calculations of climate-related impacts to military installations and
capabilities.
Further, the bill also includes important provisions to reform border
deployment and ensure funding for our military is spent wisely and as
Congress intended, and not on an unnecessary border wall:
It prevents the President from diverting Defense funding to pay for
an unnecessary border wall;
Includes a blanket prohibition on funding for the construction of a
wall, barrier, or fence along the southern land border;
Prohibits reprogramming of funds into the counter drug account, which
has been used by the Administration to do construction along the
southern land border;
Does not include the $7.2 billion requested by the Administration to
backfill MILCON projects and/or forward fund portions of the wall;
Modifies an authority the DoD uses when deploying active duty
personnel to the border to require all support to be reimbursable and
require a wavier that the deployment won't affect readiness, the
support task aligns with the unit's mission, the task is inherently
government and can't be contracted; and
Amends the emergency construction authority (10 USC 2808) to limit
the total cost of military construction projects undertaken during a
national emergency to $500 million, with a further limit of $100
million for construction projects within the United States and would
add elements to required congressional notifications.
In addition, the bill continues to uphold the committee's
responsibility to conduct oversight of, and provide support for,
military training, maintenance, and infrastructure. For example, the
mark authorizes $256.4 billion, an $8.8 billion increase over fiscal
year 2019 authorized levels, for operation and maintenance accounts.
This includes an additional $834 million to address submarine and
surface ship maintenance shortfalls and an additional $309 million for
Air Force weapon systems sustainment accounts. The mark also included
$11.5 billion for military construction, family housing, and
implementation of previous Base Realignment and Closure activities.
This includes $168.6 million above the budget request for construction
projects associated with the European Deterrence Initiative and
authorization for 31 additional construction projects valued at over $1
billion, that were not included in the budget request, but that the
committee were able to accelerate from the military departments'
unfunded priority lists.
Additionally, this year's NDAA funds important priorities at Travis
and Beale Air Force Bases in my district. The military construction
projects authorized in this bill will support the new KC-46 mission at
Travis Air Force Base and will improve resilience and power supply at
Beale Air Force Base, enabling it to continue to support intelligence,
surveillance, and reconnaissance (ISR) and multidomain operations.
I'm proud of the funding authorized by, and legislative provisions
included in the Readiness mark. I believe the mark ensures Congress
fulfills its oversight responsibilities, helps advance our military's
near-term readiness goals, and drives the Department to plan for and
take action against long-term threats.
I'm also pleased this NDAA includes a 3.1 percent pay raise for our
troops and includes the text of my bill, H.R. 2617, the Occupational
and Environmental Transparency Health Act. This will require DoD to
input any Occupational Environmental Health hazards exposure into
servicemembers' records while deployed, so it is tracked throughout
their career and into veteran status. It will also require the VA to
retroactively update records based on information contained in the Burn
Pit Registry, since many veterans' health records do not account for
their exposures.
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Additional provisions I'm pleased are included in the fiscal year
2020 NDAA are included below, many of which are related to the critical
oversight the Strategic Forces Subcommittee is conducting over our
nuclear weapons enterprise:
Requires a report from the Secretary of Defense on military-to-
military dialogue with foreign countries to reduce the risk of
miscalculation, unintended consequences, or accidents that could
precipitate a nuclear war;
Prohibits funding for the deployment of new, low-yield nuclear
missile warheads;
Clarifies the Defense Nuclear Facilities Safety Board's authorities
by providing prompt and unfettered access to defense nuclear facilities
for independent nuclear oversight;
Facilitates implementation of the Open Skies Treaty and prohibits
funding for withdrawal unless Russia is in material breach or DoD and
State provide a certification that withdrawal is in the best interest
of national security and have consulted with U.S. allies;
Increases funding for Nuclear Command, Control and Communications.
Repeals the requirement to demonstrate plutonium pit production of at
a rate of 80 pits per year by 2027, and instead prioritizes producing
30 plutonium pits per year by 2026;
Until the National Nuclear Security Administrator submits an analysis
of alternatives with respect to replacing the ICBM W78 warhead, this
bill cuts $103 million from the Ground-Based Strategic Deterrent, cuts
$59 million from the related warhead, and fences remaining funding for
the warhead;
Requires an independent technical study of the W78 replacement and
potential problems; and
Repeals the conventional requirement for the Long Range Stand Off
Weapon.
I'm proud of the hard work that's been done to put together a strong
National Defense Authorization Act this year, and I urge my colleagues
to support the fiscal year 2020 NDAA.
{time} 1745
Mr. THORNBERRY. Mr. Chairman, I yield 2 minutes to the distinguished
gentleman from Mississippi (Mr. Kelly).
Mr. KELLY of Mississippi. Mr. Chairman, I rise to express concerns
with the FY20 NDAA in its current form.
Specifically, I am concerned with the plan to cut $15 billion from
the top line requested by the President and, more specifically, $1.2
billion from the President's request for military personnel accounts.
I spent 33 years in uniform serving the Nation but can't support this
bill in its current form without changes to the amendment process.
While it is true that personnel accounts have historically had money
left over at the end of the year, several factors will likely make
fiscal year 2020 different.
Over the last few years, there have been funds left over associated
with the transition to the new military-blended retirement system
because fewer servicemembers are opting into the new retirement system
than expected. However, the opt-in period ends this year, so there will
be no leftover funds related to this in FY 2020.
Also, in fiscal year 2019, the Army will likely fall short of its end
strength goals by approximately 9,500 troops, which will result in
excess funds for 2019 because fewer troops came into the Army. However,
the Army is likely to meet their comparatively modest end strength goal
of FY 2020, so there will likely be no excess funds relating to end
strength.
Finally, the 3.1 percent automatic pay raise and the proposed
increase in total force end strength means that personnel costs will
increase, not go down.
In sum, there is likely to be no excess funding in the military
personnel accounts in FY 2020.
In addition, given the provisions in this bill that would greatly
restrict reprogramming authority, I am concerned that, if personnel
accounts are underfunded, the Department may not have sufficient
transfer authority to reprogram funds to fix it.
There are more important provisions in this bill, and I particularly
want to thank Chairwoman Speier for her work in arriving at a
bipartisan subcommittee mark. Specifically, the bill would provide
important end strength increases and provide additional benefits for
military spouses seeking employment.
In closing, I want to thank Ranking Member Thornberry and Chairman
Smith for their leadership. I am committed to continuing to work with
my colleagues in a bipartisan manner to improve this bill which is so
important for our troops and their families.
Mr. SMITH of Washington. Mr. Chairman, I yield myself such time as I
may consume.
I would simply note that, in last year's NDAA, when the Republicans
were in charge, they cut $751 million from the personnel account, and
then the President, 6 months after that, took another $1 billion out of
the personnel account to fund his wall.
So, in last year's NDAA, which all of them enthusiastically
supported, the personnel account was cut by $1.7 billion. We do not
simply rubber-stamp the President's request and never have. What we are
doing this year is perfectly in keeping with past history.
I yield 2 minutes to the gentlewoman from California (Ms. Speier),
the chair of the Military Personnel Subcommittee.
Ms. SPEIER. Mr. Chairman, I am proud to speak in support of this
bipartisan bill that contains the priorities of both parties. And while
it wasn't unanimous, it does nothing to change our responsibilities to
give military members and families bipartisan support. We did that in
the Military Personnel Subcommittee, and I thank Ranking Member Kelly
for his work.
This bill contains two landmark achievements for our servicemembers
and their families. It institutes a comprehensive fix to the festering
problem of the so-called widow's tax, ensuring that surviving widows or
widowers won't have their DOD and VA benefits offset.
I was once a widow. I know the pain and the emptiness. We must take
care of the spouses who sacrifice so much for our Nation.
This bill rectifies a grievous denial of rights to servicemembers who
are victims of malpractice at military medical facilities by allowing
Active-Duty servicemembers to sue the Department for malpractice. For
more than a half century, those who put their lives on the line have
had fewer legal rights to sue for malpractice than prisoners in Federal
prisons.
This bill moves the ball forward on other personnel priorities by
funding a 3.1 percent pay raise; shortening childcare backlogs;
improving sexual assault prevention and response, including at the
service academies; promoting spousal employment; creating a housing
ombudsman; and giving TRICARE beneficiaries the same contraception
coverage benefits as all other Americans.
The bill also provides a historic 12 weeks of family and medical
leave to Federal employees and congressional staff.
Mr. Chairman, we owe servicemembers and their families. We owe them
this important set of benefits.
Mr. THORNBERRY. Mr. Chairman, I am pleased to yield 2 minutes to the
distinguished gentleman from Ohio (Mr. Turner).
Mr. TURNER. Mr. Chairman, I am disappointed by the fiscal year 2020
National Defense Authorization Act that is offered here on the floor
today. This bill represents a significant deviation from our past
sentiment of bipartisanship.
Now, the Senate has passed their bill by 86 votes, but not the House,
not this year. This bill, in its totality, makes us less safe, which is
why it does not have bipartisan support on this floor.
Chairman Smith said that we were able to negotiate through a few
things, and that is right. But there are also some that we were not,
and one of them is a big one, and it is why there is not one Republican
who voted in the Subcommittee on Strategic Forces for the bill to come
out of subcommittee, and not one Republican in the full committee voted
for the Strategic Forces portion of this bill to be referred to the
full committee and to this floor.
That is because it contains a provision that can only be described as
unilateral nuclear disarmament. It is unilateral because it does not
involve anybody else; it only inhibits us. It is nuclear because it
involves our nuclear weapons; and it is disarmament because it recalls
a nuclear weapon.
It prohibits the use of funds for the deployment of low-yield
ballistic missile warheads that have already been funded and produced
and are to be deployed on a bipartisan basis. Efforts by Congress to
recall these assets from deployment is unilateral disarmament.
Now, even if you are against nuclear weapons, you should be against
the
[[Page H5348]]
other side having nuclear weapons, and that means that you should be
pursuing restrictions by treaty.
Imagine how this conversation is going to go in Moscow. Someone in
the Kremlin is going to walk into Vladimir Putin's office, and they are
going to say: Vlad, you have modernized our nuclear weapons. You have
invaded our neighbors. You have threatened the U.S. and our adversaries
and their allies. And now, the U.S. Congress has just voted to
unilaterally pull the low-yield nuclear weapon that was scheduled for
deployment.
Putin is not going to believe them. He is going to think that this is
a joke, because no one would believe that the United States Congress in
the National Defense Authorization Act would reward Russian aggression
in this bill by pursuing unilateral nuclear disarmament.
I am comforted that many of these provisions will never become law. I
never thought I would say this, but I am going to: Thank God for the
Senate.
I encourage my colleagues to oppose this bill and oppose unilateral
nuclear disarmament.
Mr. SMITH of Washington. Mr. Chairman, I yield myself such time as I
may consume.
It is a unique way of looking at the world to describe a nation that
has literally thousands of nuclear weapons as unilaterally disarming. I
assure the public, we are not doing that.
Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from Maryland
(Mr. Brown), a member of the committee.
Mr. BROWN of Maryland. Mr. Chairman, I thank Chairman Smith for
unprecedented bipartisanship in bringing this bill to the floor.
This year's NDAA provides the strategic funding we need to maintain a
robust military that can tackle our global challenges, reversing the
President's soft stance on Russia by bolstering the European Deterrence
Initiative with our NATO allies, and collaborating with our allies to
contain North Korea and counter China's expansionist moves throughout
the Indo-Pacific.
It makes greater investments in training, equipping, and providing
for our Armed Forces, funding a 3.1 percent pay raise for
servicemembers, the largest in a decade.
In this year's NDAA, we have the opportunity to increase research
capacity for Historically Black Colleges and Universities. We empower
the Department of Defense to identify the scope of white nationalism,
extremism, and violent misogyny in the military, and we pursue a new
diversity and inclusion strategy within the DOD to ensure minorities
are more fully represented in our officer corps.
We also rise to the challenge set forth before us and reverse some of
the administration's worst policy decisions. We deny the increase of
low-yield nuclear warheads that would lower the threshold for nuclear
war. We prevent the President's use of the military as a piggy bank for
his border wall.
With additional amendments, we will allow transgender Americans to
openly and honorably serve our country in uniform, and we will ensure
that the President cannot put us on the path to war without
congressional approval.
It is clear that we will pass, perhaps, the most progressive and
robust defense authorization in years, and I am proud to support it.
Mr. THORNBERRY. Mr. Chairman, I am pleased to yield 1 minute to the
gentleman from Michigan (Mr. Bergman), a general new to the committee,
but not new to national security.
Mr. BERGMAN. Mr. Chairman, I rise today with disappointment. What was
once a bipartisan bill is now a vehicle for policies that hinder our
readiness and our defense capabilities.
For almost 60 years, the NDAA has been a bipartisan endeavor. The
NDAA fulfills the number one role of Congress: to provide for our
common defense. But House Democratic leadership has turned this into
yet another partisan bill.
Let me be clear. I support a pay raise for our troops. I support
providing all warfighters with the best resources available and a
National Defense Authorization Act that empowers America and our
allies. But, unfortunately, this bill, in its current form, poses a
significant threat to our ability to carry out the national defense
strategy now and in the years ahead.
As President Reagan often said of our national defense strategy,
``Peace through strength.'' This bill does not--I repeat, does not--
show strength. We can and must do better.
Mr. SMITH of Washington. Mr. Chairman, I am pleased to yield 1\1/2\
minutes to the gentlewoman from Michigan (Ms. Slotkin), a member of the
Armed Services Committee.
Ms. SLOTKIN. Mr. Chairman, I rise in support of the NDAA.
I want to thank Chairman Smith, the entire committee, Members on the
other side of the aisle, and staff on the other side of the aisle.
Funding our national defense is and should always be a bipartisan
priority. We have created a bill that is strong on defense and stays
true to our values as a country. This bill includes important
provisions that all Americans can get behind:
It funds our military at the highest levels in history and ensures
the readiness of our forces;
It includes a 3.1 percent pay raise for our servicemembers;
It strengthens provisions to combat foreign information operations,
protecting us from foreign adversaries that wish us harm;
It enhances our military's resilience to climate change, which poses
a growing threat to national security; and
It ensures protections for military families.
As a former Pentagon official, as an Army wife with a stepdaughter
serving on Active Duty right now, I firmly believe that we have a
solemn responsibility to our men and women to pass a bill that funds
our military. Failure to do so, despite concerns about certain
provisions, would be an abdication of that responsibility.
This bill also funds priorities that are important to the economies
and the safety of our local communities and our districts. I fought
hard to include provisions that directly impact my community in
Michigan and communities like ours across the country.
The NDAA will reduce PFAS contamination by phasing out the
firefighting foam with PFAS chemicals and ask the Pentagon to come up
with a plan of action on how they plan to transition and clean up PFAS
sites.
This NDAA includes provisions that help States like Michigan
capitalize on our unique capabilities in autos, cyber, robotics, and
software to help fuel innovation at the Defense Department.
I urge my colleagues to support this bill.
Mr. THORNBERRY. Mr. Chairman, I am pleased to yield 1 minute to the
gentleman from Tennessee (Mr. DesJarlais).
Mr. DesJARLAIS. Mr. Chairman, I thank the ranking member for
yielding.
Mr. Chair, I rise to express my concern and frustration with this
bill in its current form. While I appreciate the work done on this
NDAA, the legislation simply doesn't provide our military men and women
with the resources needed to adequately protect the homeland and could
negatively impact facilities in and around the Fourth District of
Tennessee, including Arnold Air Force Base, Redstone Arsenal, Oak Ridge
National Laboratory, and the Y-12 National Security Complex.
Whether it be refusing to deploy the W76-2 tactical nuclear weapon to
deter Russian aggression or underprioritizing funding for research and
development of next-generation capabilities, such as hypersonic weapons
and directed energy, this NDAA does not adequately meet the
requirements for addressing challenges posed from our adversaries.
{time} 1800
Finally, this NDAA highlights my colleagues' continuing disregard for
the national emergency occurring at our southern border. This bill
prevents the DOD from playing a role in addressing the crisis. Our
military's number one responsibility is to protect the homeland. If my
Democratic colleagues refuse to provide funding for DHS to secure the
border, then the military must have a role.
Mr. Chairman, this bill, from its funding top line to its policy,
does not support our military or our security appropriately. For that
reason, I cannot support this bill, and I urge my colleagues to vote
``no.''
[[Page H5349]]
Mr. SMITH of Washington. Mr. Chairman, I yield 1\1/2\ minutes to the
gentlewoman from Texas (Ms. Escobar), who is a member of the committee.
Ms. ESCOBAR. Mr. Chairman, I am proud to have helped craft this
year's National Defense Authorization Act. This fiscal year 2020 bill
incorporates ideas from both sides of the aisle to deliver essential
support and a pay raise to our deserving men and women in uniform.
Our bill authorizes $733 billion to provide for a smart and robust
national defense, enhances housing and financial support for military
families, and addresses operational and budgetary threats posed by
climate change.
I was pleased to share with my Armed Services Committee colleagues
the innovative work happening in districts like mine which are home to
some of the military's core training installations. This includes Fort
Bliss' leadership on net-zero energy and ongoing partnership with the
VA that improves soldiers' medical expertise, while also serving our
local veterans.
I was proud to support our vibrant El Paso community by advancing a
community infrastructure support program and ensuring promising
technologies like additive manufacturing, and the unique contributions
of our small businesses that always have a place in building our
national defense.
Finally, our bill enhances diversity and inclusion efforts in our
armed services, improves oversight and accountability of DOD support to
DHS and, yes, blocks the President from robbing finite military
resources for a wall that our military never requested.
This is a bill we can all be proud of. I look forward to casting my
vote in support.
Mr. Chairman, I thank the chairman for his leadership, and I urge my
colleagues to support it as well.
Mr. THORNBERRY. Mr. Chairman, I yield 1 minute to the distinguished
gentleman from Michigan (Mr. Mitchell).
Mr. MITCHELL. Mr. Chairman, I thank Mr. Thornberry for yielding me
time.
It has been a pleasure to be on two committees that have historically
been bipartisan, the House Armed Services and Transportation and
Infrastructure. As was indicated, historically this has been a
bipartisan bill. Last year it passed out of committee with one ``no''
vote. The Senate achieved it. It passed the Senate Armed Services
Committee unanimously, and it passed the Senate 86-8.
Yet, here we stand because, Mr. Chairman, bipartisanship is not
simply counting percentages of amendments that were brought to the
floor and passed.
There are significant issues that we are not dealing with in this
bill. While we give people an additional pay raise, a significant raise
to military, we cut funding that impacts modernization, readiness and
training, and cuts military funding $1.2 billion.
Further, the bill neglects to address something that has had
bipartisan support for a long period of time which is nuclear
readiness, our nuclear triad. Here we take a hatchet to it as well.
I stress that we must make a bipartisan effort to bring a bill to
this floor that supports our military consistently and not have
partisan politics take over our military. I support that, I reject this
bill, and I urge my colleagues to do the same.
Mr. SMITH of Washington. Mr. Chairman, I yield 1 minute to the
distinguished gentleman from Maryland (Mr. Hoyer), who is the majority
leader.
Mr. HOYER. Congratulations, Chairman Smith, on bringing to the floor
an excellent bill. I want to also congratulate Mr. Thornberry from
Texas, a responsible Member of this Congress, a responsible member of
the minority, and a person who has been a strong voice on behalf of
national defense.
Mr. Chairman, I rise in strong support of this year's defense
authorization bill. It makes smart, strategic investments in our
military to keep America safe and defend our interests overseas, and it
reflects core values.
We are proud to fund the Department of Defense. I have been in this
body for some 38 years. I have supported every Defense bill. Now, when
I say that, very frankly, we have had some political fights back and
forth and there have been political votes cast where we thought that
there were things being done that shouldn't be done. But I have
supported a strong national defense. I supported most of Ronald
Reagan's build-up which was, by the way, started by Jimmy Carter.
I have supported making sure that we had weapons we needed and the
personnel we needed.
We are proud as Democrats to stand behind our men and women in
uniform. As a matter of fact, some of the great victories of democracy
have been led by people like Woodrow Wilson in World War I, Franklin
Roosevelt in World War II, Harry Truman in Korea, and John Kennedy
confronting communism and authoritarianism, the people who want to rule
by armed might.
This bill, the first written by a Democratic majority in 8 years,
raises military pay by 3.1 percent and recognizes the contribution of
our men and women in uniform. It supports a stronger military by
prohibiting funding for discrimination against transgender, that denies
us the talents and courageous service of patriotic Americans.
Now, that has happened before, and Harry Truman stepped in and said
that, no, we are not going to segregate our services. We are not going
to discriminate against those of color in our services. He said that in
the 1940s, post-World War. And there were some who said that would
destroy our military effectiveness. They are saying the same thing
about gays and transgender. They were wrong then; they are wrong now.
This bill cuts $17 billion. The chairman, the ranking member, and I
had discussions through the years. We need to make sure that we spend
our money smartly and not just blindly spend money. We need to make
sure that every dollar is spent effectively, but that our national
security is not in any way undermined. I believe the savings that have
been effected are focused and that we are taking that money and using
it for effective items and taking it away from an expensive and
ineffective wall on the southern border that the President wants to
spend money on.
It also acknowledges the serious national security challenges posed
by climate change. Surely, we know how critical to our national
security the effects of climate change are showing. We experienced that
just the other day here in Washington, D.C.
It requires the Pentagon to develop a plan, along with others in our
government, as to how we can confront, effectively and on behalf of our
national security, climate change.
This bill also accelerates the closure--long overdue--it is not the
American way to hold people without finding out whether they are, in
fact, guilty or not. I have been to Guantanamo. Nobody in America ought
to talk about how much it costs to incarcerate somebody in America,
because it is about one-tenth or one-twentieth of what it is costing us
in Guantanamo. You talk about fiscal responsibility.
I am deeply disappointed that my Republican friends are bucking a
long tradition. I did not like everything in your Defense bill. I
disagreed sincerely with some of the provisions that you put in your
Defense bill, and I voted for the Defense bills you offered on this
floor because I thought they were in the best interests of our
country--not perfect--but in the best interests of our country, of our
military, and of our national security.
I am sorry that that is not happening today or tomorrow or Friday
when we vote on it. This bill ought to have bipartisan support. It
ought to have bipartisan support for our military, and if the
situations were reversed, my Republican colleagues would be accusing
Democrats of not supporting our national security, not supporting our
troops, not supporting the men and women who are put at the point of a
spear, in harm's way, many paying the ultimate price. That is what you
would have accused us of.
How sad it is that some in this House are choosing loyalty to the
President and their party over a common commitment to our troops--tough
words, but I think true. Republicans object to this bill because they
claim it does not meet their demands for $750 billion. Until March of
this year, however, they were demanding exactly the number in this
bill. Some on my side of the aisle
[[Page H5350]]
think this sum is too high. Mr. Smith, the Speaker, and I urged our
colleagues to adopt this number because it was a bipartisan number--not
the perfect number.
More than 70 Republican Members out of your 194 wrote to the
President citing the same number as their preferred figure for defense
investment. That is the number the Pentagon used for the previous year
around which it built its budget.
That is what Joseph Dunford--Chairman of the Joint Chiefs of Staff,
General Dunford, said was the number the Pentagon needed ``after
scrubbing every account,'' $733 billion. That is the figure we included
in this bill. That is the figure that you are prepared to vote against.
Ranking Member Thornberry, who is my friend and whom I respect and
whom I have just spoken of, penned an op-ed that President Trump must
``move forward with the $733 billion budget he originally proposed for
2020.''
We took your number, and, yes, there are some things you don't agree
with in this bill, but there were things we didn't agree with. Very
frankly, there are very few bills that we consider on this floor that I
agree with 100 percent. But we are a democratic body. We are a
collective, collegial body, and we try to reach consensus.
We took your number. We took the Chairman of the Joint Chiefs of
Staff's number. Indeed, at the same time that Republicans are arguing
that $733 billion isn't enough, the White House is calling for a
continuing resolution that spends far less. A former Member of this
body originally suggested sequester which would devastate our national
security and our domestic security.
As Chairman Adam Smith has stated, to claim that $733 billion is an
abdication of our responsibility to fund our troops is patently
ridiculous and contrary to the representations that have been made on
your side of the aisle.
They claim this bill is partisan. That is absurd. The bill includes
more than 53 percent of the amendments offered by Republican Members--a
higher figure than Democratic amendments in the bill. Chairman Smith's
staff worked tirelessly and collegially with Republicans for months to
ensure that the defense authorization bill would be bipartisan as this
legislation has been historically.
Of course, there are provisions in this bill with which Republicans
disagree. I would be shocked if that were not the case. There are
probably going to be some provisions in there that I disagree with.
That doesn't mean they should vote against this entire bill, however,
Mr. Chairman. Democrats supported this bill when we were in the
minority over the last 8 years--check the record--even when Republicans
forced controversial measures into it because we believed it was
important to support our military. We voted for it over serious
objections on policy because we viewed it as a must-pass bill.
Where has that bipartisanship on national security gone?
Is it just a strategy to defeat this bill?
I am convinced that we are going to have 218-plus Democrats vote for
this bill, Mr. Chairman. I urge my Republican colleagues to reconsider
their opposition and vote for their number and put country over party.
To my Democratic colleagues, I say: This is a strong Defense bill, as
good as you are going to get. It protects LGBT rights and advances
family leave. It loosens the heinous restrictions on transferring
prisoners from Guantanamo Bay. Opposing this bill means we will be
stuck with a Senate version that omits these provisions.
I thank Chairman Smith and members of the Armed Services Committee
for their hard work, and I thank the ranking member. I congratulate you
both on producing a very strong, very positive bill. You did that
together.
Do not abandon your work. I hope that it will pass with resounding
support from both sides of the aisle. Our troops in harm's way deserve
that affirmation, that trust, that faith, that commitment. Let's not
let them down.
The CHAIR. Members are reminded to address their remarks to the
Chair.
{time} 1815
Mr. THORNBERRY. Mr. Chairman, I yield myself 2 minutes.
Mr. Chairman, I appreciate the remarks of the majority leader. I know
from some personal experience it is certainly not easy to hold your
side of the aisle and the other side of the aisle together to have the
sort of votes like we had--351, 349, and so forth--to pass this bill.
That is part of the reason I began my remarks by pointing out this is
different. I am not sure that great Democrats of the past--Roosevelt,
Truman, and Kennedy--would recognize this defense bill that is before
us, much less the amendments that we see coming down the pike.
I just want to emphasize two points, briefly:
One, is we have lots of quotes being thrown around here about what
General Dunford has said or what he has not said. I don't have his
words from a transcript, but what I do have is Defense News, June 13,
2017, where he says, directly: ``We now know that continued growth in
the base budget of at least 3 percent above inflation is the floor
necessary to preserve just the competitive advantage we have today, and
we can't assume our adversaries will remain still.''
Consistent testimony from Dunford, Mattis, Shanahan, et cetera, is
that the floor is 3 percent, and I think statements to the contrary do
not reflect his view.
Secondly, the majority leader said something like: Loyalty to the
President over loyalty to our troops.
I want to quote back Chairman Smith's comments that I mentioned
earlier, and expand a bit.
Chairman Smith said, when he voted against the bill on the floor:
``There is nothing shameful about making a legitimate policy choice to
oppose the NDAA or any other bill. But it is hypocritical and the
height of shameless partisan pandering for him''--and he was referring
to Speaker Boehner--``to now claim that a vote against the NDAA is a
vote against the troops. It is not. Regardless of whether you support
the NDAA or not, we all support the brave men and women of the military
who defend this country.''
I think this side of the aisle, we have nothing to apologize for in
our support of the troops and American national security. We want a
better product, and I hope that at some point we will get it.
Mr. Chair, I reserve the balance of my time.
Mr. SMITH of Washington. Mr. Chair, may I inquire as to how much time
each side has remaining.
The CHAIR. The gentleman from Washington has 5 minutes remaining. The
gentleman from Texas has 3 \3/4\ quarter minutes remaining.
Mr. SMITH of Washington. Mr. Chair, I am the only remaining speaker
at this point, and I reserve the balance of my time.
Mr. THORNBERRY. Mr. Chairman, I am pleased to yield 1\1/2\ minutes to
the distinguished gentleman from Florida (Mr. Waltz).
Mr. WALTZ. Mr. Chairman, with 23 years of service as a Green Beret,
as a special operator with tours in the White House and the Pentagon, I
can assure my colleagues that my primary focus is the Floridians I
represent and the troops downrange.
There are many things that I support in this bill: support and
greater benefits for Gold Star families--although some of those
recently introduced are not fully funded; restricting additional
contracting with the Maduro regime; fully authorizing the Navy's anti-
submarine warfare capability; and, of course, the emerging Space Corps.
But I would describe this bill is, in many ways, necessary, but in a
whole, not sufficient, particularly in seeking to close Guantanamo Bay
without sufficient alternatives that previous administrations and
Congresses have all, I think, sought to do in good faith; tying the
President's hands in protecting the border and on Iran; and, of course,
a wholly insufficient top line, as we have discussed here today, to
deal with the global threat that remains on terrorism, to deal with
China, to deal with Russia, Iran, North Korea, and other near-peer
threats.
Mr. Chairman, I hope this bill improves, sincerely, with amendments
on the floor to be worthy of the men and women downrange defending this
great country.
Mr. SMITH of Washington. Mr. Chair, I reserve the balance of my time.
Mr. THORNBERRY. Mr. Chairman, may I inquire of the chairman if he has
only one more speaker remaining.
[[Page H5351]]
Mr. SMITH of Washington. Mr. Chairman, I have one more speaker, and
then I will be prepared to close.
Mr. THORNBERRY. Mr. Chair, I yield myself the balance of my time.
I would simply emphasize, as the gentleman from Florida just did, the
strong desire of Members on this side of the aisle is to continue to
work constructively with anyone who wants to work with us to help
improve this bill so that it strengthens America's national security
and does not take steps backwards in any critical area.
As was pointed out earlier, the body across the Capitol was able to
do that with a very strong vote of 86-8 just 2 weeks ago. I think that
ought to be our model. I think that this bill, if it moves in that
direction, will gain the support of a number of Members here.
But it is the real substantive concerns about what is in this bill,
as well as the lack of the ability to have amendments to improve the
bill, that has so many Members on this side of the aisle concerned.
Back to my original point: None of this to-ing and fro-ing matters.
What matters is does it support our troops and improve America's
national security. We may have different judgments, but that is the
only criteria that matters. It is about them, and it is about the
country, and that will continue to be our guiding standard.
Mr. Chair, I yield back the balance of my time.
Mr. SMITH of Washington. Mr. Chair, I yield myself the balance of my
time.
Mr. Chair, I would start on a note of agreement. I stand by the
comments I made in 2016: Voting against the defense bill doesn't mean
you don't support the troops.
Now, it is interesting, as we go back to the transcript from 2016,
the number of folks on their side of the aisle who said the exact
opposite, who rather passionately said we were betraying our country by
not supporting the bill. I didn't agree with that then, and I don't
agree with it now.
But the only partisanship that is going on on this floor is coming
100 percent from the Republican Party. I appreciate the gentleman's
words, and I worked very well with him as the ranking member. I
continue to work well with him. But on the statement about how the
Republican side of the aisle stands ready to work with us to make this
bill better, I have seen no evidence of that.
Talking about amendments on the floor, the decision to oppose this
bill was made in committee before we even got to the floor, and what we
are hearing is a whole series of excuses for why they are opposing the
bill.
It is very simple and straightforward why they are opposing the bill:
pure partisanship. They keep talking about the number of times the
Democrats voted with them and how this is different, yet the difference
is the Republican Party has decided that, if it is not their defense
bill 100 percent, they will not vote for it, and then they will stand
up and accuse us of being partisan.
The reason I cite all of those numbers is that all of the outreach
and effort we did to make this bill bipartisan, they did not reach
back. This is pure partisanship: If we are in charge, they are not
going to support it to try to make us look bad.
And the to-ing and fro-ing matters, because that is what guts the
bipartisanship. If they will not even try to work with us if they are
not in charge, that is the definition of partisanship, and it
jeopardizes 58 years of history.
I am not going to give up; I am going to keep trying to reach out and
keep trying to work with them. But, please, for those of you watching
this, understand the only partisan thing going on here is, if the
Republicans aren't in charge, they are not going to vote for it. And I
will pick just a couple of examples.
We heard that we have taken a hatchet to the nuclear budget, so I am
sure you are wondering how much we have cut the nuclear budget by.
Well, we have increased it by 4 percent. That is taking a hatchet to
it?
We are engaged, believe it or not, in unilateral disarmament on the
floor of this House as we increase the amount of money that we spend on
nuclear weapons by 4 percent, as we fully fund the B-21 bomber, the
Columbia-class nuclear submarine, the LRSO, and the modernization of
our nuclear weapons force. All of these arguments are nonsense.
Going back to the personnel argument, they cut the personnel account
by more than we did because they didn't agree with the President.
All of these arguments are pure partisanship, and nothing drives this
point home more clearly than the $733 billion.
Now, I can't say it any better than the majority leader said it, but
the quote from General Dunford in January of 2017. Well, if that is the
case, why did Chairman Thornberry--I am sorry; that is the way I always
think of him--write an op-ed in the Wall Street Journal in November of
2018 insisting that we had to have $733 billion?
If we had said $750 billion, they would be on the floor saying, ``Not
enough. It has got to be $775 billion,'' because that is the
partisanship.
This is a really important policy point. These numbers also matter,
because accountability at the Pentagon matters. I would submit to you
that this bill doesn't just maintain the bipartisan tradition; with
Democrats working on this bill, this bill is better for national
security because we don't believe in sending a blank check to the
Pentagon, and sending a blank check to the Pentagon is not in the best
interest of our troops or our national security.
Now, Mr. Thornberry is the best person working on reforming our
procurement system to try and increase efficiency, and I support him in
that effort. But if you try to reform a system and make it more
efficient but then say, ``You know what,'' at the last minute, ``here
is another $17 billion,'' the people are not going to get the message.
They are going to say, ``Accountability? You don't want accountability.
You are going to give us more money no matter what we do,'' which is
what we have done for far too long.
So, yes, we have accountability in this bill, but you have not heard
a single good reason to oppose this, other than pure partisanship. And
it is a brilliant way of doing things.
As a friend of mine said a long time ago, when you are in an argument
with someone who is unreasonable, it is hard not to sound unreasonable.
It is brilliant. Just vote against the bill and say it is partisan;
okay?
Partisan is when you ignore the other side. And, my goodness, the
people behind me, I mean, I have worked on it, but nobody has worked on
it more than my staff and, frankly, the minority party staff. If you
could see the hours that we spent working with Republicans to get to
``good'' on a variety of different amendments, you would laugh out loud
at the partisanship claim.
And I think this is important. I think if the minority party, if the
Republican Party, cannot work with us unless they are in charge, then
we are not going to get to a bipartisan place.
And again, we talk about how we cut the President's budget. It was
the President who tweeted out in November that $733 billion was too
much. That is what the President said.
So as the majority leader said, we took your number, and after we
took your number, you said we are being partisan. That is absurd.
This is a good bill that protects our country. Every Member of this
body should be proud to vote for it.
Mr. Chair, I yield back the balance of my time
The CHAIR. All time for general debate has expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule.
In lieu of the amendment in the nature of a substitute recommended by
the Committee on Armed Services, printed in the bill, an amendment in
the nature of a substitute consisting of the text of Rules Committee
Print 116-19, modified by the amendment printed in part A of House
Report 116-143, shall be considered as adopted.
The bill, as amended, shall be considered as the original bill for
the purpose of further amendment under the 5-minute rule and shall be
considered as read.
The text of the bill, as amended, is as follows:
H.R. 2500
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''.
[[Page H5352]]
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This Act is organized into four divisions
as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D--Funding Tables.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B--Navy Programs
Sec. 111. Modification of annual report on cost targets for certain
aircraft carriers.
Sec. 112. Repeal of requirement to adhere to Navy cost estimates for
certain aircraft carriers.
Sec. 113. Ford class aircraft carrier support for F-35C aircraft.
Sec. 114. Prohibition on use of funds for reduction of aircraft carrier
force structure.
Sec. 115. Design and construction of amphibious transport dock
designated LPD-31.
Sec. 116. Limitation on availability of funds pending quarterly updates
on the CH-53K King Stallion helicopter program.
Sec. 117. Limitation on availability of funds for VH-92A helicopter.
Sec. 118. National Defense Reserve Fleet Vessel.
Subtitle C--Air Force Programs
Sec. 121. Modification of requirement to preserve certain C-5 aircraft.
Sec. 122. Modification of limitation on use of funds for KC-46A
aircraft.
Sec. 123. F-15EX aircraft program.
Sec. 124. Prohibition on availability of funds for reduction in KC-10
primary mission aircraft inventory.
Sec. 125. Limitation on availability of funds for VC-25B aircraft.
Sec. 126. Limitation on availability of funds for retirement of RC-135
aircraft.
Sec. 127. Report on aircraft fleet of the Civil Air Patrol.
Subtitle D--Defense-wide, Joint, and Multiservice Matters
Sec. 131. Economic order quantity contracting and buy-to-budget
acquisition for F-35 aircraft program.
Sec. 132. Program requirements for the F-35 aircraft program.
Sec. 133. Reports on F-35 aircraft program.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Program on enhancement of preparation of dependents of
members of Armed Forces for careers in science,
technology, engineering, and mathematics.
Sec. 212. Temporary inclusion of joint artificial intelligence center
of the Department of Defense in personnel management
authority to attract experts in science and engineering.
Sec. 213. Joint Hypersonics Transition Office.
Sec. 214. Modification of proof of concept commercialization program.
Sec. 215. Contract for national security research studies.
Sec. 216. JASON Scientific Advisory Group.
Sec. 217. Direct Air Capture and Blue Carbon Removal Technology
Program.
Sec. 218. Foreign malign influence operations research program.
Sec. 219. Sensor data integration for fifth generation aircraft.
Sec. 220. Documentation relating to Advanced Battle Management System.
Sec. 221. Documentation relating to B-52 commercial engine replacement
program.
Sec. 222. Diversification of the science, technology, research, and
engineering workforce of the Department of Defense.
Sec. 223. Policy on the talent management of digital expertise and
software professionals.
Sec. 224. Development and implementation of digital engineering
capability and automated software testing and evaluation.
Sec. 225. Process to align policy formulation and emerging technology
development.
Sec. 226. Limitation on transition of Strategic Capabilities Office of
the Department of Defense.
Subtitle C--Reports and Other Matters
Sec. 231. Master plan for implementation of authorities relating to
science and technology reinvention laboratories.
Sec. 232. Master plan for infrastructure required to support research,
development, test, and evaluation missions.
Sec. 233. Strategy and implementation plan for fifth generation
information and communications technologies.
Sec. 234. Department-wide software science and technology strategy.
Sec. 235. Artificial intelligence education strategy.
Sec. 236. Biannual report on the Joint Artificial Intelligence Center.
Sec. 237. Quarterly updates on the Optionally Manned Fighting Vehicle
program.
Sec. 238. Grants for civics education programs.
Sec. 239. Technology and national security fellowship.
Sec. 240. National Security Commission on Defense Research at
Historically Black Colleges and Universities and Other
Minority Institutions.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B--Energy and Environment
Sec. 311. Timeline for Clearinghouse review of applications for energy
projects that may have an adverse impact on military
operations and readiness.
Sec. 312. Authority to make final finding on designation of geographic
areas of concern for purposes of energy projects with
adverse impacts on military operations and readiness.
Sec. 313. Authority to accept contributions of funds from applicants
for energy projects for mitigation of impacts on military
operations and readiness.
Sec. 314. Department of Defense improvement of previously conveyed
utility systems serving military installations.
Sec. 315. Five-year authority for National Guard environmental
restoration projects for environmental responses.
Sec. 316. Sale of electricity from alternate energy and cogeneration
production facilities.
Sec. 317. Transfer authority for funding of study and assessment on
health implications of per- and polyfluoroalkyl
substances contamination in drinking water by Agency for
Toxic Substances and Disease Registry.
Sec. 318. Replacement of fluorinated aqueous film-forming foam with
fluorine-free fire-fighting agent.
Sec. 319. Prohibition of uncontrolled release of fluorinated aqueous
film-forming foam at military installations.
Sec. 320. Prohibition on use of fluorinated aqueous film forming foam
for training exercises.
Sec. 321. Real-time noise-monitoring study at Navy and Air Force
installations where tactical fighter aircraft operate.
Sec. 322. Development of climate vulnerability and risk assessment
tool.
Sec. 323. Provision of uncontaminated water for agricultural use on
land contaminated by PFOS and PFOA used on military
installations.
Subtitle C--Logistics and Sustainment
Sec. 331. Material readiness metrics and objectives.
Sec. 332. Clarification of authority regarding use of working capital
funds for unspecified minor military construction
projects related to revitalization and recapitalization
of defense industrial base facilities.
Sec. 333. F-35 Joint Strike Fighter sustainment.
Sec. 334. Report on strategic policy for prepositioned materiel and
equipment.
Sec. 335. Limitation on use of funds for implementation of elements of
master plan for redevelopment of Former Ship Repair
Facility in Guam.
Subtitle D--Reports
Sec. 341. Readiness reporting.
Sec. 342. Extension of deadline for transition from service-specific
defense readiness reporting systems.
Sec. 343. Report on Navy ship depot maintenance budget.
Sec. 344. Report on Runit Dome.
Subtitle E--Other Matters
Sec. 351. Inclusion of over-the-horizon radars in early outreach
procedures.
Sec. 352. Extension of authority for Secretary of Defense to use
Department of Defense reimbursement rate for
transportation services provided to certain non-
Department of Defense entities.
Sec. 353. Expanded transfer and adoption of military animals.
Sec. 354. Extension of authority of Secretary of Transportation to
issue non-premium aviation insurance.
Sec. 355. Defense personal property program.
Sec. 356. Public events about Red Hill Bulk Fuel Storage Facility.
Sec. 357. Sense of Congress regarding Innovative Readiness Training
program.
Sec. 358. Pilot program on reduction of effects of military aviation
noise on private residences.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revisions in permanent active duty end strength minimum
levels.
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Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the
reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Subtitle C--Authorization of Appropriations
Sec. 421. Military personnel.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Management policies for joint qualified officers.
Sec. 502. Grade of Chief of the Veterinary Corps of the Army.
Sec. 503. Authority of promotion boards to recommend that officers of
particular merit be placed higher on promotion list.
Sec. 504. Availability on the internet of certain information about
officers serving in general or flag officer grades.
Subtitle B--Reserve Component Management
Sec. 511. Grade of certain chiefs of reserve components.
Sec. 512. Authority to defer mandatory separation at age 68 of officers
in medical specialties in the reserve components.
Sec. 513. Repeal of requirement for review of certain Army Reserve
officer unit vacancy promotions by commanders of
associated active duty units.
Sec. 514. Guidance for use of unmanned aircraft systems by the National
Guard.
Sec. 515. Junior Reserve Officers' Training Corps.
Sec. 516. JROTC computer science and cybersecurity program.
Sec. 517. Programs of scholarships for members of Junior Reserve
Officers' Training Corps units toward obtaining private
pilot's certificates.
Sec. 518. Sense of Congress regarding Junior Reserve Officers' Training
Corps.
Sec. 519. Sense of Congress regarding the National Guard Youth
Challenge Program.
Subtitle C--General Service Authorities and Correction of Military
Records
Sec. 521. Establishment of board of appeals regarding denied requests
for upgraded discharges and dismissals.
Sec. 522. Prohibition on reduction in the number of personnel assigned
to duty with a service review agency.
Sec. 523. Advisory committee on record and service review boards.
Sec. 524. Time requirements for certification of honorable service.
Sec. 525. Prohibition on implementation of military service suitability
determinations for foreign nationals who are lawful
permanent residents.
Sec. 526. Strategic plan for diversity and inclusion.
Sec. 527. Independent study on barriers to entry into the Armed Forces
for English learners.
Sec. 528. Reenlistment waivers for persons separated from the Armed
Forces who commit one misdemeanor cannabis offense.
Sec. 529. Sense of Congress regarding accession physicals.
Subtitle D--Military Justice
Sec. 531. Command influence.
Sec. 532. Statute of limitations for certain offenses.
Sec. 533. Guidelines on sentences for offenses committed under the
Uniform Code of Military Justice.
Sec. 534. Expansion of responsibilities of commanders for victims of
sexual assault committed by another member of the Armed
Forces.
Sec. 535. Increase in investigative personnel and Victim Witness
Assistance Program liaisons.
Sec. 536. Increase in number of digital forensic examiners for the
military criminal investigation organizations.
Sec. 537. Pilot programs on defense investigators in the military
justice system.
Sec. 538. Pilot program on prosecution of special victim offenses
committed by attendees of military service academies.
Sec. 539. Timely disposition of nonprosecutable sex-related offenses.
Sec. 540. Training for sexual assault initial disposition authorities
on exercise of disposition authority for sexual assault
and collateral offenses.
Subtitle E--Other Legal Matters
Sec. 541. Standard of evidence applicable to investigations and reviews
related to protected communications of members of the
Armed Forces and prohibited retaliatory actions.
Sec. 542. Expansion of Special Victims' Counsel for victims of sex-
related or domestic violence offenses.
Sec. 543. Notification of issuance of military protective order to
civilian law enforcement.
Sec. 544. Clarifications regarding scope of employment and reemployment
rights of members of the uniformed services.
Sec. 545. Military orders required for termination of leases pursuant
to the Servicemembers Civil Relief Act.
Sec. 546. Consultation regarding victim's preference in prosecution
jurisdiction.
Sec. 547. Extension and expansion of Defense Advisory Committee on
Investigation, Prosecution, and Defense of Sexual Assault
in the Armed Forces.
Sec. 548. Defense Advisory Committee for the Prevention of Sexual
Misconduct.
Sec. 549. Safe to report policy applicable across the Armed Forces.
Sec. 550. Availability of Special Victims' Counsel and special victim
prosecutors at military installations.
Sec. 550a. Notice to victims of alleged sexual assault of pendency of
further administrative action following a determination
not to refer to trial by court-martial.
Sec. 550b. Training for Special Victims' Counsel on civilian criminal
justice matters in the States of the military
installations to which assigned.
Subtitle F--Member Education
Sec. 551. Authority for detail of certain enlisted members of the Armed
Forces as students at law schools.
Sec. 552. Education of members of the Armed Forces on career readiness
and professional development.
Sec. 553. Defense Language Institute Foreign Language Center.
Sec. 554. Expansion of Department of Defense STARBASE Program.
Sec. 555. Degree granting authority for United States Army Armament
Graduate School.
Sec. 556. Congressional nominations for Senior Reserve Officers'
Training Corps scholarships.
Sec. 557. Consideration of application for transfer for a student of a
military service academy who is the victim of a sexual
assault or related offense.
Sec. 558. Redesignation of the Commandant of the United States Air
Force Institute of Technology as the Director and
Chancellor of such Institute.
Sec. 559. Eligibility of additional enlisted members for associate
degree programs of the Community College of the Air
Force.
Sec. 560. Safe-to-report policy applicable to military service
academies.
Sec. 560a. Recoupment of funds from cadets and midshipmen separated for
criminal misconduct.
Subtitle G--Member Training and Transition
Sec. 561. Prohibition on gender-segregated training at Marine Corps
Recruit Depots.
Sec. 562. Medical personnel at Marine Corps Recruit Depots.
Sec. 563. Assessment of deaths of recruits under the jurisdiction of
the Secretary of the Navy.
Sec. 564. Inclusion of specific email address block on Certificate of
Release or Discharge from Active Duty (DD Form 214).
Sec. 565. Machine readability and electronic transferability of
Certificate of Release or Discharge from Active Duty (DD
Form 214).
Sec. 566. Records of service for reserves.
Subtitle H--Military Family Readiness and Dependents' Education
Sec. 571. Authorizing members to take leave for a birth or adoption in
more than one increment.
Sec. 572. Deferred deployment for members who give birth.
Sec. 573. Authority of the Secretary concerned to transport remains of
a covered decedent to no more than two places selected by
the person designated to direct disposition of the
remains.
Sec. 574. Clarification regarding eligibility to transfer entitlement
under Post-9/11 Educational Assistance Program.
Sec. 575. Absentee ballot tracking program.
Sec. 576. Annual State report card.
Sec. 577. Transportation of remains of casualties; travel expenses for
next of kin.
Sec. 578. Meetings of officials of the Department of Defense with
survivors of deceased members of the Armed Forces.
Sec. 579. Direct employment pilot program for members of the National
Guard and Reserve, veterans, their spouses and
dependents, and members of Gold Star Families.
Sec. 580. Continued assistance to schools with significant numbers of
military dependent students.
Subtitle I--Decorations and Awards
Sec. 581. Expansion of Gold Star Lapel Button Eligibility to
stepsiblings; free replacement.
Sec. 582. Establishment of the Atomic Veterans Service Medal.
Sec. 583. Review of World War I valor medals.
Subtitle J--Miscellaneous Reports and Other Matters
Sec. 591. Repeal of quarterly report on end strengths.
Sec. 592. Revision of Workplace and Gender Relations Surveys.
Sec. 593. Modification of elements of reports on the improved
Transition Assistance Program.
Sec. 594. Questions in workplace surveys regarding supremacist,
extremist, and racist activity.
Sec. 595. Command matters in connection with transition assistance
programs.
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Sec. 596. Expressing support for the designation of a ``Gold Star
Families Remembrance Day''.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Clarification of continuation of pays during hospitalization
and rehabilitation resulting from wounds, injury, or
illness incurred while on duty in a hostile fire area or
exposed to an event of hostile fire or other hostile
action.
Sec. 602. Basic needs allowance for low-income regular members.
Sec. 603. Temporary increase of rates of basic allowance for housing
following determination that local civilian housing costs
significantly exceed such rates.
Sec. 604. Basic allowance for housing for a member without dependents
when relocation would financially disadvantage the
member.
Sec. 605. Partial dislocation allowance.
Subtitle B--Bonuses and Special Incentive Pays
Sec. 611. One-year extension of certain expiring bonus and special pay
authorities.
Subtitle C--Family and Survivor Benefits
Sec. 621. Payment of transitional compensation for certain dependents.
Sec. 622. Death gratuity for ROTC graduates.
Sec. 623. Continued eligibility for education and training
opportunities for spouses of promoted members.
Sec. 624. Occupational improvements for relocated spouses of members of
the uniformed services.
Sec. 625. Expansion of authority to provide financial assistance to
civilian providers of child care services or youth
program services who provide such services to survivors
of members of the Armed Forces who die in line of duty.
Sec. 626. Space-available travel on military aircraft for children and
surviving spouses of members who die of hostile action or
training duty.
Sec. 627. Consideration of service on active duty to reduce age of
eligibility for retired pay for non-regular service.
Sec. 628. Modification to authority to reimburse for State licensure
and certification costs of a spouse of a member arising
from relocation.
Sec. 629. Improvements to child care for members of the Armed Forces.
Sec. 630. Casualty assistance for survivors of deceased ROTC graduates.
Subtitle D--Defense Resale Matters
Sec. 631. GAO review of defense resale optimization study.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
Sec. 701. Contraception coverage parity under the TRICARE program.
Sec. 702. Pregnancy prevention assistance at military medical treatment
facilities for sexual assault survivors.
Sec. 703. Modification of eligibility for TRICARE Reserve Select for
certain members of the Selected Reserve.
Sec. 704. Lead level screenings and testings for children.
Sec. 705. Exposure to open burn pits and toxic airborne chemicals or
other airborne contaminants as part of periodic health
assessments and other physical examinations.
Sec. 706. Enhancement of recordkeeping and postdeployment medical
assessment requirements related to occupational and
environmental hazard exposure during deployment.
Sec. 707. Modifications to post-deployment mental health assessments
for members of the Armed Forces deployed in support of a
contingency operation.
Sec. 708. Provision of blood testing for firefighters of Department of
Defense to determine exposure to perfluoroalkyl and
polyfluoroalkyl substances.
Subtitle B--Health Care Administration
Sec. 711. Requirements for certain prescription drug labels.
Sec. 712. Officers authorized to command Army dental units.
Sec. 713. Improvements to leadership of interagency program office of
the Department of Defense and the Department of Veterans
Affairs.
Sec. 714. Inclusion of blast exposure history in medical records of
members of the Armed Forces.
Sec. 715. Comprehensive policy for provision of mental health care to
members of the Armed Forces.
Sec. 716. Limitation on the realignment or reduction of military
medical manning end strength.
Sec. 717. Strategy to recruit and retain mental health providers.
Sec. 718. Monitoring medication prescribing practices for the treatment
of post-traumatic stress disorder.
Subtitle C--Reports and Other Matters
Sec. 721. Establishment of military dental research program.
Sec. 722. Pilot program on cryopreservation and storage.
Sec. 723. Encouragement of participation in Women's Health Transition
Training pilot program.
Sec. 724. National Guard suicide prevention pilot program.
Sec. 725. Reports on suicide among members of the Armed Forces.
Sec. 726. Study on military-civilian integrated health delivery
systems.
Sec. 727. Study on case management at military medical treatment
facilities.
Sec. 728. Study on infertility among members of the Armed Forces.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
Sec. 801. Establishment of acquisition pathways for software
applications and software upgrades.
Sec. 802. Software development and software acquisition training and
management programs.
Sec. 803. Modifications to cost or pricing data for certain
procurements.
Sec. 804. Modifications to cost or pricing data on below-threshold
contracts.
Sec. 805. Comptroller General report on price reasonableness.
Sec. 806. Requirement that certain ship components be manufactured in
the national technology and industrial base.
Sec. 807. Acquisition and disposal of certain rare earth materials.
Sec. 808. Prohibition on acquisition of tantalum from non-allied
foreign nations.
Sec. 809. Application of miscellaneous technology base policies and
programs to the Columbia-class submarine program.
Sec. 810. Application of limitation on procurement of goods other than
United States goods to the FFG-Frigate Program.
Sec. 811. Consideration of price in procurement of the FFG(X) frigate.
Sec. 812. Repeal of continuation of data rights during challenges.
Sec. 813. Repeal of authority to waive acquisition laws to acquire
vital national security capabilities.
Sec. 814. Repeal of transfer of funds related to cost overruns and cost
underruns.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 821. Modifications to the middle tier of acquisition programs.
Sec. 822. Briefing relating to the ``middle tier'' of acquisition
programs.
Sec. 823. Rates for progress payments or performance-based payments.
Sec. 824. Additional requirements for negotiations for noncommercial
computer software.
Sec. 825. Responsibility for data analysis and requirements validation
for services contracts.
Sec. 826. Annual reports on authority to carry out certain prototype
projects.
Sec. 827. Competition requirements for purchases from Federal Prison
Industries.
Sec. 828. Enhanced post-award debriefing rights.
Sec. 829. Standardizing data collection and reporting on use of source
selection procedures by Federal agencies.
Sec. 830. Modification of justification and approval requirement for
certain Department of Defense contracts.
Subtitle C--Provisions Relating to Acquisition Workforce
Sec. 841. Defense acquisition workforce certification and education
requirements.
Sec. 842. Public-private exchange program for the acquisition
workforce.
Sec. 843. Incentives and consideration for qualified training programs.
Sec. 844. Certification by prospective military construction
contractors of good faith effort to utilize qualified
apprentices.
Subtitle D--Provisions Relating to Acquisition Security
Sec. 851. Supply chain security of certain telecommunications and video
surveillance services or equipment.
Sec. 852. Assured security against intrusion on United States military
networks.
Sec. 853. Revised authorities to defeat adversary efforts to compromise
United States defense capabilities.
Sec. 854. Prohibition on operation or procurement of foreign-made
unmanned aircraft systems.
Sec. 855. Supply chain risk mitigation policies to be implemented
through requirements generation process.
Subtitle E--Provisions Relating to the Acquisition System
Sec. 861. Modifications to the defense acquisition system.
Subtitle F--Industrial Base Matters
Sec. 871. Consideration of subcontracting to minority institutions.
Sec. 872. Size standard calculations for certain small business
concerns.
Sec. 873. Modifications to small business subcontracting.
Sec. 874. Inclusion of best in class designations in annual report on
small business goals.
Sec. 875. Small Business Administration cybersecurity reports.
Sec. 876. Cyber counseling certification program for lead small
business development centers.
Sec. 877. Exemption of certain contracts from the periodic inflation
adjustments to the acquisition-related dollar threshold.
Sec. 878. Improvements to certain defense innovation programs.
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Sec. 879. Pilot program for development of technology-enhanced
capabilities with partnership intermediaries.
Sec. 880. Authorized official to carry out the procurement technical
assistance cooperative agreement program.
Sec. 881. Permanent authorization and improvement of Department of
Defense Mentor-Protege Program.
Subtitle G--Other Matters
Sec. 891. Requirement to use models of commercial e-commerce portal
program.
Sec. 892. Report and database on items manufactured in the United
States for major defense acquisition programs.
Sec. 893. Requirements relating to Selected Acquisition Reports.
Sec. 894. Contractor science, technology, engineering, and math
programs.
Sec. 895. Extension of sunset relating to Federal Data Center
Consolidation Initiative.
Sec. 896. Requirements relating to certain rail rolling stock
procurements and operations.
Sec. 897. Prohibition on contracting with persons that have business
operations with the Maduro regime.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
Sec. 901. Update of authorities relating to nuclear command, control,
and communications.
Subtitle B--Other Department of Defense Organization and Management
Matters
Sec. 911. Codification of Assistant Secretaries for Environment,
Installations, and Energy of the Army, Navy, and Air
Force.
Sec. 912. Limitation on availability of funds for consolidation of
Defense Media Activity.
Sec. 913. Modernization of certain forms and surveys.
Subtitle C--Space Matters
Part I--United States Space Corps
Sec. 921. Establishment of United States Space Corps in the Department
of the Air Force.
Sec. 922. Transfer of personnel, functions, and assets to the Space
Corps.
Sec. 923. Reports on Space Corps.
Sec. 924. Space National Guard.
Sec. 925. Effects on military installations.
Part II--Other Space Matters
Sec. 931. United States Space Command.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Additional requirements for annual report and briefing on
financial improvement and audit remediation plan.
Sec. 1003. Financial improvement and audit remediation plan.
Sec. 1004. Reporting requirements relating to Department of Defense
audits.
Sec. 1005. Annual budget justification display for service-common and
other support and enabling capabilities for special
operations forces.
Sec. 1006. Determination of budgetary effects.
Sec. 1007. Independent public accountant audit of financial systems of
the Department of Defense.
Subtitle B--Counterdrug Activities
Sec. 1011. Modification of authority to provide support to other
agencies for counterdrug activities and activities to
counter transnational organized crime.
Sec. 1012. Technical correction and extension of reporting requirement
regarding enhancement of information sharing and
coordination of military training between Department of
Homeland Security and Department of Defense.
Sec. 1013. Repeal of Secretary of Defense review of curricula and
program structures of National Guard Counterdrug Schools.
Subtitle C--Naval Vessels and Shipyards
Sec. 1021. Transportation by sea of supplies for the Armed Forces and
Defense Agencies.
Sec. 1022. Use of National Defense Sealift Fund for procurement of two
used vessels.
Sec. 1023. Formal schoolhouse training for shipboard system programs of
record.
Sec. 1024. Report on shipbuilder training and the defense industrial
base.
Subtitle D--Counterterrorism
Sec. 1031. Extension of authority for joint task forces to provide
support to law enforcement agencies conducting counter-
terrorism activities.
Sec. 1032. Prohibition on use of funds for transfer or release of
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, to certain countries.
Sec. 1033. Prohibition on use of funds for transfer to and detention of
additional individuals, including United States citizens,
at United States Naval Station, Guantanamo Bay, Cuba.
Sec. 1034. Sense of Congress regarding the provision of medical care to
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba.
Sec. 1035. Independent assessment on gender and countering violent
extremism.
Subtitle E--Miscellaneous Authorities and Limitations
Sec. 1041. Scheduling of Department of Defense executive aircraft
controlled by Secretaries of military departments.
Sec. 1042. Explosive ordnance defense disposal program.
Sec. 1043. Notification on the provision of defense sensitive support.
Sec. 1044. Modification and technical correction of authority for
deployment of members of the Armed Forces to the southern
land border of the United States.
Sec. 1045. Limitation on use of funds for the inactivation of Army
watercraft units.
Sec. 1046. Prohibition on use of funds for construction of a wall,
fence, or other physical barrier along the southern
border of the United States.
Sec. 1047. Expenditure of funds for Department of Defense intelligence
and counterintelligence activities.
Sec. 1048. Limitation on use of funds to house children separated from
parents.
Sec. 1049. Limitation on use of funds for providing housing for
unaccompanied alien children.
Subtitle F--National Defense Strategy Implementation
Sec. 1051. Short title.
Sec. 1052. Report on operational concepts and plans regarding strategic
competitors.
Sec. 1053. Actions to increase analytic support.
Sec. 1054. Definitions.
Subtitle G--Studies and Reports
Sec. 1061. Report on transfers of equipment to prohibited entities.
Sec. 1062. Elimination of requirement to submit reports to Congress in
paper format.
Sec. 1063. Modification of annual report on civilian casualties in
connection with United States military operations.
Sec. 1064. Inclusion of certain individuals investigated by Inspectors
General in the semiannual report.
Sec. 1065. Annual report on Joint Military Information Support
Operations Web Operations Center.
Sec. 1066. Mobility capability requirements study.
Sec. 1067. Assessment of special operations force structure.
Sec. 1068. Army aviation strategic plan and modernization roadmap.
Sec. 1069. Report on ground-based long-range artillery to counter land
and maritime threats.
Sec. 1070. Independent review of transportation working-capital fund.
Sec. 1071. Geographic command risk assessment of proposed use of
certain aircraft capabilities.
Sec. 1072. Annual report on strikes undertaken by the United States
against terrorist targets outside areas of active
hostilities.
Sec. 1073. Termination of requirement for submittal to Congress of
certain recurring reports.
Sec. 1074. Report on operational concepts and plans regarding strategic
competitors.
Subtitle H--Other Matters
Sec. 1081. Technical, conforming, and clerical amendments.
Sec. 1082. Submission to Congress of Department of Defense execute
orders.
Sec. 1083. Extension of National Security Commission on Artificial
Intelligence.
Sec. 1084. National Commission on Military Aviation Safety.
Sec. 1085. Extension of postage stamp for breast cancer research.
Sec. 1086. Processes and procedures for notifications regarding special
operations forces.
Sec. 1087. Assessment of standards, processes, procedures, and policy
relating to civilian casualties.
Sec. 1088. Disposal of IPv4 addresses.
Sec. 1089. Securing American science and technology.
Sec. 1090. Standardized policy guidance for calculating aircraft
operation and sustainment costs.
Sec. 1091. Special Federal Aviation Regulation Working Group.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Defense Advanced Research Projects Agency personnel
management authority.
Sec. 1102. Modification of probationary period for certain Department
of Defense employees.
Sec. 1103. Civilian personnel management.
Sec. 1104. One-year extension of temporary authority to grant
allowances, benefits, and gratuities to civilian
personnel on official duty in a combat zone.
Sec. 1105. One-year extension of authority to waive annual limitation
on premium pay and aggregate limitation on pay for
federal civilian employees working overseas.
Sec. 1106. Performance of civilian functions by military personnel.
Sec. 1107. Extension of direct hire authority for domestic industrial
base facilities and Major Range and Test Facilities Base.
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Sec. 1108. Authority to provide additional allowances and benefits for
certain Defense Clandestine Service employees.
Sec. 1109. Prohibited personnel practices.
Sec. 1110. Enhancement of antidiscrimination protections for Federal
employees.
Sec. 1111. Modification of direct hire authorities for the Department
of Defense.
Sec. 1112. Permitted disclosures by whistleblowers.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Modification of authority to build capacity of foreign
security forces.
Sec. 1202. Modification and extension of cross servicing agreements for
loan of personnel protection and personnel survivability
equipment in coalition operations.
Sec. 1203. Modification of quarterly report on obligation and
expenditure of funds for security cooperation programs
and activities.
Sec. 1204. Integration of gender perspectives and meaningful
participation by women in security cooperation
authorities.
Subtitle B--Matters Relating to Afghanistan and Pakistan
Sec. 1211. Extension and modification of authority for reimbursement of
certain coalition nations for support provided to United
States military operations.
Sec. 1212. Modification and Extension of Afghan Special Immigrant Visa
Program.
Sec. 1213. Extension of authority to transfer defense articles and
provide defense services to the military and security
forces of Afghanistan.
Sec. 1214. Extension and modification of authority to acquire products
and services produced in countries along a major route of
supply to Afghanistan.
Sec. 1215. Authority for certain payments to redress injury and loss in
Afghanistan, Iraq, Syria, Somalia, Libya, and Yemen.
Sec. 1216. Extension of semiannual report on enhancing security and
stability in Afghanistan.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
Sec. 1221. Modification of authority to provide assistance to counter
the Islamic State of Iraq and Syria.
Sec. 1222. Extension and modification of authority to provide
assistance to the vetted Syrian opposition.
Sec. 1223. Extension and modification of authority to support
operations and activities of the Office of Security
Cooperation in Iraq.
Sec. 1224. Prohibition on provision of weapons and other forms of
support to certain organizations.
Sec. 1225. Rule of construction relating to use of military force
against Iran.
Sec. 1226. Sense of Congress on support for Ministry of Peshmerga
forces of the Kurdistan Region of Iraq.
Subtitle D--Matters Relating to Russia
Sec. 1231. Prohibition on the use of funds to suspend, terminate, or
withdraw the United States from the Open Skies Treaty.
Sec. 1232. Extension of limitation on military cooperation between the
United States and Russia.
Sec. 1233. Prohibition on availability of funds relating to sovereignty
of Russia over Crimea.
Sec. 1234. Modification and extension of Ukraine Security Assistance
Initiative.
Sec. 1235. Report on treaties relating to nuclear arms control.
Sec. 1236. Sense of Congress on updating and modernizing existing
agreements to avert miscalculation between the United
States and Russia.
Sec. 1237. Sense of Congress on support for Georgia.
Sec. 1238. Sense of Congress on support for Estonia, Latvia, and
Lithuania.
Subtitle E--Matters Relating to the Indo-Pacific Region
Sec. 1241. Modification of Indo-Pacific Maritime Security Initiative.
Sec. 1242. Extension and modification of report on military and
security developments involving North Korea.
Sec. 1243. Limitation on use of funds to reduce the total number of
members of the Armed Forces serving on active duty who
are deployed to South Korea.
Sec. 1244. Report on direct, indirect, and burden-sharing contributions
of Japan and South Korea.
Sec. 1245. Report on strategy on the Philippines.
Sec. 1246. Modification of annual report on military and security
developments involving the People's Republic of China.
Sec. 1247. Modification of annual report on military and security
developments involving the People's Republic of China.
Sec. 1248. Sense of Congress on Taiwan.
Sec. 1249. Enhancing defense cooperation with Singapore.
Subtitle F--Matters Relating to Europe and NATO
Sec. 1251. Extension and modification of NATO Special Operations
Headquarters.
Sec. 1252. Modification and extension of future years plan and planning
transparency for the European Deterrence Initiative.
Sec. 1253. Protection of European Deterrence Initiative funds from
diversion for other purposes.
Sec. 1254. Statement of policy on United States military investment in
Europe.
Sec. 1255. Limitation on transfer of F-35 aircraft to Turkey.
Sec. 1256. Report on value of investments in dual use infrastructure
projects by NATO member states.
Sec. 1257. Sense of Congress on support for Poland.
Subtitle G--Other Matters
Sec. 1261. Sense of Congress on United States partners and allies.
Sec. 1262. Modification to report on legal and policy frameworks for
the use of military force.
Sec. 1263. Limitation on availability of certain funds until report
submitted on Department of Defense awards and
disciplinary action as a result of the 2017 incident in
Niger.
Sec. 1264. Independent assessment of sufficiency of resources available
to United States Southern Command and United States
Africa Command.
Sec. 1265. Rule of construction relating to use of military force.
Sec. 1266. Rule of construction relating to use of military force
against Venezuela.
Sec. 1267. Sense of Congress on acquisition by Turkey of Patriot
system.
Subtitle H--Baltic Reassurance Act
Sec. 1271. Findings.
Sec. 1272. Sense of Congress.
Sec. 1273. Defense assessment.
Sec. 1274. Appropriate congressional committees defined.
TITLE XIII--COOPERATIVE THREAT REDUCTION
Sec. 1301. Funding allocations.
Sec. 1302. Specification of cooperative threat reduction funds.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense health program.
Sec. 1406. National defense sealift fund.
Subtitle B--Other Matters
Sec. 1411. Authority for transfer of funds to joint Department of
Defense-Department of Veterans Affairs medical facility
demonstration fund for Captain James A. Lovell Health
Care Center, Illinois.
Sec. 1412. Authorization of appropriations for Armed Forces Retirement
Home.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Appropriations
Sec. 1501. Purpose.
Sec. 1502. Procurement.
Sec. 1503. Research, development, test, and evaluation.
Sec. 1504. Operation and maintenance.
Sec. 1505. Military personnel.
Sec. 1506. Working capital funds.
Sec. 1507. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1508. Defense Inspector General.
Sec. 1509. Defense Health Program.
Subtitle B--Financial Matters
Sec. 1511. Treatment as additional authorizations.
Sec. 1512. Special transfer authority.
Subtitle C--Other Matters
Sec. 1521. Afghanistan Security Forces Fund.
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
Sec. 1601. National Security Space Launch program.
Sec. 1602. Preparation to implement plan for use of allied launch
vehicles.
Sec. 1603. Annual determination on plan on full integration and
exploitation of overhead persistent infrared capability.
Sec. 1604. Space-based environmental monitoring mission requirements.
Sec. 1605. Prototype program for multi-global navigation satellite
system receiver development.
Sec. 1606. Commercial space situational awareness capabilities.
Sec. 1607. Independent study on plan for deterrence in space.
Sec. 1608. Resilient enterprise ground architecture.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
Sec. 1611. Modifications to ISR Integration Council and annual briefing
requirements.
Sec. 1612. Survey and report on alignment of intelligence collections
capabilities and activities with Department of Defense
requirements.
Sec. 1613. Modification of annual authorization of appropriations for
National Flagship Language Initiative.
[[Page H5357]]
Subtitle C--Cyberspace-Related Matters
Sec. 1621. Notification requirements for sensitive military cyber
operations.
Sec. 1622. Quarterly cyber operations briefings.
Sec. 1623. Cyber posture review.
Sec. 1624. Tier 1 exercise of support to civil authorities for a cyber
incident.
Sec. 1625. Evaluation of cyber vulnerabilities of major weapon systems
of the Department of Defense.
Sec. 1626. Extension of the Cyberspace Solarium Commission.
Sec. 1627. Authority to use operation and maintenance funds for cyber
operations-peculiar capability development projects.
Sec. 1628. Notification of delegation of authorities to the Secretary
of Defense for military operations in cyberspace.
Sec. 1629. Limitation of funding for Consolidated Afloat Networks and
Enterprise Services.
Sec. 1630. Annual military cyberspace operations report.
Sec. 1631. Report on synchronization of efforts relating to
cybersecurity in the Defense Industrial Base.
Sec. 1632. Briefings on the status of the National Security Agency and
United States Cyber Command partnership.
Subtitle D--Nuclear Forces
Sec. 1641. Improvement to annual report on the modernization of the
nuclear weapons enterprise.
Sec. 1642. Briefings on meetings held by the Nuclear Weapons Council.
Sec. 1643. Elimination of conventional requirement for long-range
standoff weapon.
Sec. 1644. Extension of annual briefing on the costs of forward-
deploying nuclear weapons in Europe.
Sec. 1645. Ten-year extension of prohibition on availability of funds
for mobile variant of ground-based strategic deterrent
missile.
Sec. 1646. Prohibition on availability of funds for deployment of low-
yield ballistic missile warhead.
Sec. 1647. Report on military-to-military dialogue to reduce the risk
of miscalculation leading to nuclear war.
Sec. 1648. Plan on nuclear command, control, and communications
systems.
Sec. 1649. Independent study on policy of no-first-use of nuclear
weapons.
Sec. 1650. Independent study on risks of nuclear terrorism and nuclear
war.
Subtitle E--Missile Defense Programs
Sec. 1661. National missile defense policy.
Sec. 1662. Development of hypersonic and ballistic missile tracking
space sensor payload.
Sec. 1663. Requirement for testing of redesigned kill vehicle prior to
production.
Sec. 1664. Development of space-based ballistic missile intercept
layer.
Sec. 1665. Organization, authorities, and billets of the Missile
Defense Agency.
Sec. 1666. Missile defense interceptor site in contiguous United
States.
Sec. 1667. Missile defense radar in Hawaii.
Sec. 1668. Limitation on availability of funds for lower tier air and
missile sensor.
Sec. 1669. Command and control, battle management, and communications
program.
Sec. 1670. Annual assessment of ballistic missile defense system.
Subtitle F--Other Matters
Sec. 1681. Modification to reports on certain solid rocket motors.
Sec. 1682. Repeal of review requirement for ammonium perchlorate
report.
Sec. 1683. Repeal of requirement for commission on electromagnetic
pulse attacks and similar events.
Sec. 1684. Conventional prompt global strike weapon system.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be
specified by law.
Sec. 2003. Effective date.
TITLE XXI--ARMY MILITARY CONSTRUCTION
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Modification of authority to carry out certain fiscal year
2019 projects.
TITLE XXII--NAVY MILITARY CONSTRUCTION
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year
2017 project.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition
projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Modification of authorities to carry out phased Joint
Intelligence Analysis Complex consolidation.
Sec. 2306. Modification of authority to carry out certain fiscal year
2016 project.
Sec. 2307. Modification of authority to carry out certain fiscal year
2017 project.
Sec. 2308. Modification of authority to carry out certain fiscal year
2018 projects.
Sec. 2309. Modification of authority to carry out certain fiscal year
2019 projects.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land
acquisition projects.
Sec. 2402. Authorized energy resiliency and energy conservation
projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B--Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Army National Guard construction and land
acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition
projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve
construction and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land
acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land
acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and
closure activities funded through Department of Defense
base closure account.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program Changes
Sec. 2801. Prohibition on use of military construction funds for
construction of a wall, fence, or other physical barrier
along the southern border of the United States.
Sec. 2802. Modification and clarification of construction authority in
the event of a declaration of war or national emergency.
Sec. 2803. Inclusion of information regarding military installation
resilience in master plans for major military
installations.
Sec. 2804. Improved consultation with tribal governments when proposed
military construction projects potentially impact Indian
tribes.
Sec. 2805. Amendment of Unified Facilities Criteria to promote military
installation resilience, energy resilience, energy and
climate resiliency, and cyber resilience.
Sec. 2806. Modification to Department of Defense Form 1391 regarding
consideration of potential long-term adverse
environmental effects.
Subtitle B--Military Family Housing Reforms
Sec. 2811. Enhanced protections for members of the Armed Forces and
their dependents residing in privatized military housing
units.
Sec. 2812. Prohibition on use of nondisclosure agreements in connection
with leases of military housing constructed or acquired
using alternative authority for acquisition and
improvement of military housing.
Sec. 2813. Authority to furnish certain services in connection with use
of alternative authority for acquisition and improvement
of military housing.
Sec. 2814. Modification to requirements for window fall prevention
devices in military family housing units.
Sec. 2815. Assessment of hazards in Department of Defense housing.
Sec. 2816. Development of process to identify and address environmental
health hazards in Department of Defense housing.
Sec. 2817. Report on civilian personnel shortages for appropriate
oversight of management of military housing constructed
or acquired using alternative authority for acquisition
and improvement of military housing.
Sec. 2818. Inspector General review of Department of Defense oversight
of privatized military housing.
[[Page H5358]]
Sec. 2819. Department of Defense inspection authority regarding
privatized military housing.
Sec. 2820. Improvement of privatized military housing.
Subtitle C--Real Property and Facilities Administration
Sec. 2831. Improved energy security for main operating bases in Europe.
Sec. 2832. Access to Department of Defense facilities for credentialed
transportation workers.
Subtitle D--Land Conveyances
Sec. 2841. Land conveyance, Hill Air Force Base, Utah.
Sec. 2842. Release of conditions and reversionary interest, Camp Joseph
T. Robinson, Arkansas.
Sec. 2843. Modification of authorized uses of certain property conveyed
by the United States in Los Angeles, California.
Subtitle E--Military Land Withdrawals
Sec. 2851. Public notice regarding upcoming periods of Secretary of the
Navy management of Shared Use Area of the Johnson Valley
Off-Highway Vehicle Recreation Area.
Subtitle F--White Sands National Park and White Sands Missile Range
Sec. 2861. Short title.
Sec. 2862. Definitions.
Sec. 2863. Findings.
Sec. 2864. Establishment of White Sands National Park in the State of
New Mexico.
Sec. 2865. Transfers of administrative jurisdiction related to the
National Park and White Sands Missile Range.
Sec. 2866. Boundary modifications related to the National Park and
Missile Range.
Subtitle G--Other Matters
Sec. 2871. Installation and maintenance of fire extinguishers in
Department of Defense facilities.
Sec. 2872. Definition of community infrastructure for purposes of
military base reuse studies and community planning
assistance.
Sec. 2873. Report on vulnerabilities from sea level rise to certain
military installations located outside the continental
United States.
Sec. 2874. Black start exercises at Joint Bases.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
Sec. 2901. Authorized Army construction and land acquisition projects.
Sec. 2902. Authorized Navy construction and land acquisition projects.
Sec. 2903. Authorized Air Force construction and land acquisition
projects.
Sec. 2904. Authorized defense agencies construction and land
acquisition projects.
Sec. 2905. Authorization of appropriations.
TITLE XXX--AUTHORIZATION OF EMERGENCY MILITARY CONSTRUCTION
Sec. 3001. Authorization of emergency Navy construction and land
acquisition projects.
Sec. 3002. Authorization of emergency Air Force construction and land
acquisition projects.
Sec. 3003. Authorization of emergency Army National Guard and Army
Reserve construction and land acquisition projects.
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.
Subtitle B--Program Authorizations, Restrictions, Limitations, and
Other Matters
Sec. 3111. Personnel levels of the Office of the Administrator for
Nuclear Security.
Sec. 3112. Office of Cost Estimating and Program Evaluation.
Sec. 3113. Clarification of certain Stockpile Responsiveness Program
objectives.
Sec. 3114. Modification to plutonium pit production capacity.
Sec. 3115. Annual certification of shipments to Waste Isolation Pilot
Plant.
Sec. 3116. Repeal of limitation on availability of funds for
acceleration of nuclear weapons dismantlement.
Sec. 3117. Elimination of limitation on availability of funds relating
to submission of annual reports on unfunded priorities.
Sec. 3118. Program for research and development of advanced naval
nuclear fuel system based on low-enriched uranium.
Sec. 3119. Replacement of W78 warhead.
Sec. 3120. National Laboratory Jobs Access Program.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Improvements to Defense Nuclear Facilities Safety Board.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME MATTERS
Subtitle A--Maritime Administration
Sec. 3501. Authorization of the Maritime Administration.
Sec. 3502. Reauthorization of Maritime Security Program.
Sec. 3503. Maritime Occupational Safety and Health Advisory Committee.
Subtitle B--Tanker Security Fleet
Sec. 3511. Tanker Security Fleet.
DIVISION D--FUNDING TABLES
Sec. 4001. Authorization of amounts in funding tables.
TITLE XLI--PROCUREMENT
Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas
contingency operations.
TITLE XLIII--OPERATION AND MAINTENANCE
Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency
operations.
TITLE XLIV--MILITARY PERSONNEL
Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.
TITLE XLV--OTHER AUTHORIZATIONS
Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.
TITLE XLVI--MILITARY CONSTRUCTION
Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy national security programs.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
In this Act, the term ``congressional defense committees''
has the meaning given that term in section 101(a)(16) of
title 10, United States Code.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for procurement for the Army, the Navy and the
Marine Corps, the Air Force, and Defense-wide activities, as
specified in the funding table in section 4101.
Subtitle B--Navy Programs
SEC. 111. MODIFICATION OF ANNUAL REPORT ON COST TARGETS FOR
CERTAIN AIRCRAFT CARRIERS.
Section 126(c) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2035) is
amended--
(1) in the subsection heading, by striking ``and CVN-80''
and inserting ``, CVN-80, and CVN-81'';
(2) in paragraph (1), by striking ``costs described in
subsection (b) for the CVN-79 and CVN-80'' and inserting
``cost targets for the CVN-79, the CVN-80, and the CVN-81'';
and
(3) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
`` and the CVN-80'' and inserting ``, the CVN-80, and the
CVN-81''
(B) in subparagraph (A), by striking ``costs described in
subsection (b)'' and inserting ``cost targets'';
(C) in subparagraph (F), by striking ``costs specified in
subsection (b)'' and inserting ``cost targets''; and
(D) in subparagraph (G), by striking ``costs specified in
subsection (b)'' and inserting ``cost targets''.
SEC. 112. REPEAL OF REQUIREMENT TO ADHERE TO NAVY COST
ESTIMATES FOR CERTAIN AIRCRAFT CARRIERS.
Section 122 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2104), as most recently amended by section 121(a)
of the National Defense Authorization Act for Fiscal Year
2018 (Public Law 115-91; 131 Stat. 1309), is repealed.
SEC. 113. FORD CLASS AIRCRAFT CARRIER SUPPORT FOR F-35C
AIRCRAFT.
Before accepting delivery of the Ford class aircraft
carrier designated CVN-79, the Secretary of the Navy shall
ensure that the aircraft carrier is capable of operating and
deploying with the F-35C aircraft.
SEC. 114. PROHIBITION ON USE OF FUNDS FOR REDUCTION OF
AIRCRAFT CARRIER FORCE STRUCTURE.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2020 for the
Department of Defense may be obligated or expended to reduce
the number of operational aircraft carriers of the Navy below
the number specified in section 8062(b) of title 10, United
States Code.
SEC. 115. DESIGN AND CONSTRUCTION OF AMPHIBIOUS TRANSPORT
DOCK DESIGNATED LPD-31.
(a) In General.--Using funds authorized to be appropriated
for the Department of Defense for Shipbuilding and
Conversion, Navy, the Secretary of the Navy may enter into a
contract, beginning with the fiscal year 2020 program
[[Page H5359]]
year, for the design and construction of the amphibious
transport dock designated LPD-31.
(b) Use of Incremental Funding.--With respect to the
contract entered into under subsection (a), the Secretary may
use incremental funding to make payments under the contract.
(c) Condition for Out-year Contract Payments.--The contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under such
contract for any fiscal year after fiscal year 2020 is
subject to the availability of appropriations for that
purpose for such later fiscal year.
SEC. 116. LIMITATION ON AVAILABILITY OF FUNDS PENDING
QUARTERLY UPDATES ON THE CH-53K KING STALLION
HELICOPTER PROGRAM.
(a) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020
for aircraft procurement, Navy, for the CH-53K King Stallion
helicopter program, not more than 50 percent may be obligated
or expended until a period of 30 days has elapsed following
the date on which the Secretary of the Navy provides the
first briefing required under subsection (b).
(b) Quarterly Briefings Required.--
(1) In general.--Beginning not later than October 1, 2019,
and on a quarterly basis thereafter through October 1, 2022,
the Secretary of the Navy shall provide to the Committee on
Armed Services of the House of Representatives a briefing on
the progress of the CH-53K King Stallion helicopter program.
(2) Elements.--Each briefing under paragraph (1) shall
include, with respect to the CH-53K King Stallion helicopter
program, the following:
(A) An overview of the program schedule.
(B) A statement of the total cost of the program as of the
date of the briefing, including the costs of development,
testing, and production.
(C) A comparison of the total cost of the program relative
to the approved acquisition program baseline.
(D) An assessment of flight testing under the program,
including identification of the number of test events have
been conducted on-time in accordance with the joint
integrated program schedule.
(E) An update on the correction of technical deficiencies
under the program, including--
(i) identification of the technical deficiencies that have
been corrected as of the date of the briefing;
(ii) identification of the technical deficiencies that have
been discovered, but not corrected, as of such date;
(iii) an estimate of the total cost of correcting technical
deficiencies under the program; and
(iv) an explanation of any significant deviations from the
testing and program schedule that are anticipated due to the
discovery and correction of technical deficiencies.
SEC. 117. LIMITATION ON AVAILABILITY OF FUNDS FOR VH-92A
HELICOPTER.
(a) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020
for procurement for the VH-92A helicopter, not more than 75
percent may be obligated or expended until the date on which
the Secretary of Navy submits to the Committee on Armed
Services of the House of Representatives the report required
under subsection (b).
(b) Report Required.--The Secretary of the Navy shall
submit to the Committee on Armed Services of the House of
Representatives a report assessing the status of the VH-92A
helicopter program industrial base and the potential impact
of proposed manufacturing base changes on the acquisition
program. The report shall include a description of--
(1) estimated effects on the manufacturing readiness level
of the VH-92 program due to planned changes to the program
manufacturing base;
(2) the estimated costs and assessment of cost risk to the
program due to planned changes to the program manufacturing
base;
(3) any estimated schedule impacts, including impacts on
delivery dates for the remaining low-rate initial production
lots and full rate production, resulting from changes to the
manufacturing base;
(4) an assessment of the effect of changes to the
manufacturing base on VH-92A sustainment; and
(5) the impact of such changes on production and
sustainment capacity for the MH-60 and CH-53K helicopters of
the Navy.
SEC. 118. NATIONAL DEFENSE RESERVE FLEET VESSEL.
(a) In General.--Subject to the availability of
appropriations, the Secretary of the Navy, acting through the
executive agent described in subsection (e), shall seek to
enter into a contract for the construction of one sealift
vessel for the National Defense Reserve Fleet.
(b) Delivery Date.--The contract entered into under
subsection (a) shall specify a delivery date for the sealift
vessel of not later than September 30, 2026.
(c) Design and Construction Requirements.--
(1) Use of existing design.--The design of the sealift
vessel shall be based on a domestic or foreign design that
exists as of the date of the enactment of this Act.
(2) Commercial standards and practices.--Subject to
paragraph (1), the sealift vessel shall be constructed using
commercial design standards and commercial construction
practices that are consistent with the best interests of the
Federal Government.
(3) Domestic shipyard.--The sealift vessel shall be
constructed in a shipyard that is located in the United
States.
(d) Certificate and Endorsement.--The sealift vessel shall
meet the requirements necessary to receive a certificate of
documentation and a coastwise endorsement under chapter 121
of tile 46, United States Code, and the Secretary of the Navy
shall ensure that the completed vessel receives such a
certificate and endorsement.
(e) Executive Agent.--
(1) In general.--The Secretary of the Navy shall seek to
enter into a contract or other agreement with a private-
sector entity under which the entity shall act as executive
agent for the Secretary for purposes of the contract under
subsection (a).
(2) Responsibilities.--The executive agent described in
paragraph (1) shall be responsible for--
(A) selecting a shipyard for the construction of the
sealift vessel;
(B) managing and overseeing the construction of the sealift
vessel; and
(C) such other matters as the Secretary of the Navy
determines to be appropriate
(f) Use of Incremental Funding.--With respect to the
contract entered into under subsection (a), the Secretary of
the Navy may use incremental funding to make payments under
the contract.
(g) Sealift Vessel Defined.--In this section, the term
``sealift vessel'' means the sealift vessel constructed for
the National Defense Reserve Fleet pursuant to the contract
entered into under subsection (a).
Subtitle C--Air Force Programs
SEC. 121. MODIFICATION OF REQUIREMENT TO PRESERVE CERTAIN C-5
AIRCRAFT.
Section 141(d) of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1661) is
amended--
(1) in paragraph (1), by striking ``until the date that is
30 days after the date on which the briefing under section
144(b) of the National Defense Authorization Act for Fiscal
Year 2018 is provided to the congressional defense
committees''; and
(2) in paragraph (2)(A), by striking ``can be returned to
service'' and inserting ``is inducted into or maintained in
type 1000 recallable storage''.
SEC. 122. MODIFICATION OF LIMITATION ON USE OF FUNDS FOR KC-
46A AIRCRAFT.
Section 146(a)(1) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
is amended by striking ``the military type certification''
and inserting ``either the military type certification or a
military flight release''.
SEC. 123. F-15EX AIRCRAFT PROGRAM.
(a) Designation of Major Subprogram.--In accordance with
section 2430a of title 10, United States Code, the Secretary
of Defense shall designate the F-15EX program as a major
subprogram of the F-15 aircraft program.
(b) Limitation.--Except as provided in subsection (c), none
of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2020 for the Air
Force may be obligated or expended to procure an F-15EX
aircraft until a period of 30 days has elapsed following the
date on which the Secretary of the Air Force submits to the
congressional defense committees the following documentation
relating to the F-15EX program:
(1) A program acquisition strategy.
(2) An acquisition program baseline.
(3) A test and evaluation master plan.
(4) A life-cycle sustainment plan.
(5) A post-production fielding strategy.
(c) Exception for Production of Prototypes.--
(1) In general.--Notwithstanding subsection (b), the
Secretary of the Air Force may use the funds described in
paragraph (2) to develop, produce, and test not more than two
prototypes of the F-15EX aircraft.
(2) Funds described.--The funds described in this paragraph
are funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2020 for the Air
Force for any of the following:
(A) Research and development, nonrecurring engineering.
(B) Aircraft procurement.
(d) F-15EX Program Defined.--In this section, the term ``F-
15EX program'' means the F-15EX aircraft program of the Air
Force as described in the materials submitted to Congress by
the Secretary of Defense in support of the budget of the
President for fiscal year 2020 (as submitted to Congress
under section 1105(a) of title 31, United States Code).
SEC. 124. PROHIBITION ON AVAILABILITY OF FUNDS FOR REDUCTION
IN KC-10 PRIMARY MISSION AIRCRAFT INVENTORY.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2020 for the Air
Force may be obligated or expended to reduce the number of
KC-10 aircraft in the primary mission aircraft inventory of
the Air Force.
SEC. 125. LIMITATION ON AVAILABILITY OF FUNDS FOR VC-25B
AIRCRAFT.
(a) Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2020 or any subsequent fiscal year for the Air
Force may be obligated or expended to carry out over-and-
above work on the VC-25B aircraft until the date on which the
Secretary of the Air Force certifies to the congressional
defense committees that--
(1) with respect to work relating to aircraft paint scheme,
interiors and livery, such work will not result in changes to
the VC-25B aircraft that cause the aircraft to exceed--
(A) the specification requirements applicable to the VC-25A
aircraft; or
(B) the quality or grade of the VC-25A aircraft;
(2) the livery for the VC-25B aircraft will comply with the
criteria set forth in the report of the Boeing Company titled
``Phase II Aircraft Livery and Paint Study Final Report'' as
submitted to the Federal Government in April 2017;
[[Page H5360]]
(3) such work is not a result of late design changes made
by the Federal Government to the interior design of the VC-
25B aircraft; and
(4) such work is not a result of rework that exceeds the
criteria set forth in the report of the Boeing Company titled
``Presidential Quality Interior Acceptance Standards Report''
as submitted to the Federal Government in September 2018.
(b) Over-and-above Work Defined.--In this section, the term
``over-and-above work'' means work discovered during the
course of performing overhaul, maintenance, or repair efforts
that--
(1) is within the general scope of the contract pursuant to
which such efforts are carried out;
(2) is not covered by a line item for the basic work under
the contract; and
(3) is necessary in order to satisfactorily complete the
contract.
SEC. 126. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT
OF RC-135 AIRCRAFT.
(a) Limitation.--Except as provided in subsection (b), none
of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2020 for the Air
Force may be obligated or expended to retire, or prepare to
retire, any RC-135 aircraft until a period of 60 days has
elapsed following the date on which the Secretary of Defense
certifies to the congressional defense committees that--
(1) technologies other than the RC-135 aircraft provide
capacity and capabilities equivalent to the capacity and
capabilities of the RC-135 aircraft; and
(2) the capacity and capabilities of such other
technologies meet the requirements of combatant commanders
with respect to indications and warning, intelligence
preparation of the operational environment, and direct
support for kinetic and nonkinetic operations.
(b) Exception.--The limitation in subsection (a) shall not
apply to individual RC-135 aircraft that the Secretary of the
Air Force determines, on a case-by-case basis, to be no
longer mission capable because of mishaps, other damage, or
being uneconomical to repair.
SEC. 127. REPORT ON AIRCRAFT FLEET OF THE CIVIL AIR PATROL.
(a) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Air Force shall
submit to the congressional defense committees a report on
the aircraft fleet of the Civil Air Patrol.
(b) Elements.--The report required by subsection (a) shall
include an assessment of each of the following:
(1) Whether the number of aircraft, types of aircraft, and
operating locations that comprise the Civil Air Patrol fleet
are suitable for the missions and responsibilities assigned
to the Civil Air Patrol, including--
(A) flight proficiency and training;
(B) operational mission training; and
(C) support for cadet orientation and cadet flight training
programs in the Civil Air Patrol wing of each State.
(2) The ideal overall size of the Civil Air Patrol aircraft
fleet, including a description of the factors used to
determine that ideal size.
(3) The process used by the Civil Air Patrol and the Air
Force to determine the number and location of aircraft
operating locations and whether State Civil Air Patrol wing
commanders are appropriately involved in that process.
(4) The process used by the Civil Air Patrol, the Air
Force, and other relevant entities to determine the type and
number of aircraft that are needed to support the emergency,
operational, and training missions of the Civil Air Patrol.
Subtitle D--Defense-wide, Joint, and Multiservice Matters
SEC. 131. ECONOMIC ORDER QUANTITY CONTRACTING AND BUY-TO-
BUDGET ACQUISITION FOR F-35 AIRCRAFT PROGRAM.
(a) Economic Order Quantity Contract Authority.--
(1) In general.--Subject to paragraphs (2) through (5),
from amounts made available for obligation under the F-35
aircraft program for fiscal year 2020, the Secretary of
Defense may enter into one or more contracts, beginning with
the fiscal year 2020 program year, for the procurement of
economic order quantities of material and equipment that has
completed formal hardware qualification testing for the F-35
aircraft program for use in procurement contracts to be
awarded for such program during fiscal years 2021, 2022, and
2023.
(2) Limitation.--The total amount obligated under all
contracts entered into under paragraph (1) shall not exceed
$574,000,000.
(3) Preliminary findings.--Before entering into a contract
under paragraph (1), the Secretary of Defense shall make each
of the following findings with respect to such contract:
(A) The use of such a contract will result in significant
savings of the total anticipated costs of carrying out the
program through annual contracts.
(B) The minimum need for the property to be procured is
expected to remain substantially unchanged during the
contemplated contract period in terms of production rate,
procurement rate, and total quantities.
(C) There is a reasonable expectation that, throughout the
contemplated contract period, the Secretary will request
funding for the contract at the level required to avoid
contract cancellation.
(D) That there is a stable, certified, and qualified design
for the property to be procured and that the technical risks
and redesign risks associated with such property are low.
(E) The estimates of both the cost of the contract and the
anticipated cost avoidance through the use of an economic
order quantity contract are realistic.
(F) Entering into the contract will promote the national
security interests of the United States.
(4) Certification requirement.--Except as provided in
paragraph (5), the Secretary of Defense may not enter into a
contract under paragraph (1) until a period of 30 days has
elapsed following the date on which the Secretary certifies
to the congressional defense committees, in writing, that
each of the following conditions is satisfied:
(A) A sufficient number of end items of the system being
acquired under such contract have been delivered at or within
the most recently available estimates of the program
acquisition unit cost or procurement unit cost for such
system to determine that the estimates of the unit costs are
realistic.
(B) During the fiscal year in which such contract is to be
awarded, sufficient funds will be available to perform the
contract in such fiscal year, and the future-years defense
program submitted to Congress under section 221 of title 10,
United States Code, for that fiscal year will include the
funding required to execute the program without cancellation.
(C) The contract is a fixed-price type contract.
(D) The proposed contract provides for production at not
less than minimum economic rates given the existing tooling
and facilities.
(E) The Secretary has determined that each of the
conditions described in subparagraphs (A) through (F) of
paragraph (3) will be met by such contract and has provided
the basis for such determination to the congressional defense
committees.
(F) The determination under subparagraph (E) was made after
the completion of a cost analysis performed by the Director
of Cost Assessment and Program Evaluation for the purpose of
section 2334 of title 10, United States Code, and the
analysis supports that determination.
(5) Exception.--Notwithstanding paragraph (4), the
Secretary of Defense may enter into a contract under
paragraph (1) on or after March 1, 2020, if--
(A) the Director of Cost Assessment and Program Evaluation
has not completed a cost analysis of the preliminary findings
made by the Secretary under paragraph (3) with respect to the
contract;
(B) the Secretary certifies to the congressional defense
committees, in writing, that each of the conditions described
in subparagraphs (A) through (E) of paragraph (4) is
satisfied; and
(C) a period of 30 days has elapsed following the date on
which the Secretary submits the certification under
subparagraph (B).
(b) Buy-to-budget Acquisition.--Subject to section 2308 of
title 10, United States Code, using funds authorized to be
appropriated by this Act for the procurement of F-35
aircraft, the Secretary of Defense may procure a quantity of
F-35 aircraft in excess of the quantity authorized by this
Act if such additional procurement does not require
additional funds to be authorized to be appropriated because
of production efficiencies or other cost reductions.
SEC. 132. PROGRAM REQUIREMENTS FOR THE F-35 AIRCRAFT PROGRAM.
(a) Designation of Major Subprogram.--In accordance with
section 2430a of title 10, United States Code, the Secretary
of Defense shall designate F-35 Block 4 as a major subprogram
of the F-35 aircraft program.
(b) Cost Estimates.--
(1) Joint cost estimate.--The Secretary of the Air Force
and the Secretary of the Navy shall jointly develop a joint
service cost estimate for the life-cycle costs of the F-35
aircraft program.
(2) Independent cost estimate.--The Director of Cost
Assessment and Program Evaluation shall develop an
independent cost estimate for the life-cycle costs of the F-
35 aircraft program.
(3) Submittal to congress.--The cost estimates required
under paragraphs (1) and (2) shall be submitted to the
congressional defense committees not later than 180 days
after the date of the enactment of this Act.
(c) Revision of Program Elements.--
(1) Revision required.--The Secretary of Defense shall
revise the program elements applicable to the F-35 aircraft
program as follows:
(A) Research and development.--The program element for
research and development costs (as that element was specified
in the materials submitted to Congress by the Secretary of
Defense in support of the budget of the President for fiscal
year 2020 (as submitted to Congress under section 1105(a) of
title 31, United States Code)) shall be separated into the
following individual program elements:
(i) System development and demonstration closeout.
(ii) F-35 Block 4.
(iii) Autonomic logistics information system development
and upgrades.
(iv) Dual-capable aircraft.
(v) Test infrastructure.
(vi) Additional program budget elements, as required, for
each modernization or upgrade effort initiated after F-35
Block 4.
(B) Procurement.--The program element for procurement costs
(as that element was specified in the materials submitted to
Congress by the Secretary of Defense in support of the budget
of the President for fiscal year 2020 (as submitted to
Congress under section 1105(a) of title 31, United States
Code)) shall be separated into the following individual
program elements:
(i) Recurring fly-away and ancillary equipment.
(ii) Non-recurring fly-away and ancillary equipment.
(iii) F-35 Block 4.
(iv) Autonomic logistics information system.
(v) Dual-capable aircraft.
(vi) Engineering support.
(vii) Aircraft retrofit and modification.
(viii) Depot activation.
(ix) Initial spares.
(x) Production support.
(2) Inclusion in budget materials.--The Secretary of
Defense shall ensure that each revised program element
described in paragraph
[[Page H5361]]
(1) is included, with a specific dollar amount, in the
materials relating to the F-35 aircraft program submitted to
Congress by the Secretary of Defense in support of the budget
of the President (as submitted to Congress under section
1105(a) of title 31, United States Code) for fiscal year 2021
and each fiscal year thereafter until the date on which the
F-35 aircraft program terminates.
(d) Comptroller General Reports.--
(1) Annual report required.--Not later than 30 days after
the date on which the budget of the President is submitted to
Congress under section 1105(a) of title 31, United States
Code, for each of fiscal years 2021 through 2025, the
Comptroller General of the United States shall submit to the
congressional defense committees a report on the F-35
aircraft program.
(2) Elements.--Each report under paragraph (1) shall
include, with respect to the F-35 aircraft program, the
following:
(A) An assessment of the progress of manufacturing
processes improvement under the program.
(B) The business case analysis of the Department of Defense
for F-35 Block 4 follow-on modernization efforts.
(C) The progress and results of F-35 Block 4 and other
follow-on modernization development and testing efforts.
(D) The Department's schedule for delivering software
upgrades in six-month, scheduled increments.
(E) The progress and results of any other significant
hardware development and fielding efforts necessary for F-35
Block 4.
(F) Any other issues the Comptroller General determines to
be appropriate.
(e) F-35 Block 4 Defined.--In this section, the term ``F-35
Block 4'' means Block 4 capability upgrades for the F-35
aircraft program as described in the Selected Acquisition
Report for the program submitted to Congress in March 2019,
pursuant to section 2432 of title 10, United States Code.
SEC. 133. REPORTS ON F-35 AIRCRAFT PROGRAM.
(a) Report on F-35 Reliability and Maintainability
Metrics.--The Secretary of Defense shall submit to the
congressional defense committees a report on the reliability
and maintainability metrics for the F-35 aircraft. The report
shall include the following:
(1) The results of a review and assessment, conducted by
the program office for the F-35 aircraft program, of the
reliability and maintainability metrics for the aircraft as
set forth in the most recent operational requirements
document for the program.
(2) A determination of whether the reliability and
maintainability metrics for the aircraft, as set forth in the
most recent operational requirements document for the
program, are feasible and attainable, and what changes, if
any, will be made to update the metrics.
(3) A certification that the program office for the F-35
aircraft program has revised the reliability and
maintainability improvement plan for the aircraft--
(A) to identify specific and measurable reliability and
maintainability objectives in the improvement plan guidance;
and
(B) to identify and document which projects included in the
improvement plan will achieve the objectives identified under
subparagraph (A).
(b) Report on F-35 Block 4.--
(1) In general.--The Secretary of Defense shall submit to
the congressional defense committees a report on F-35 Block
4. The report shall include the following:
(A) The results of an independent cost estimate for F-35
Block 4 conducted by the Director of Cost Assessment and
Program Evaluation.
(B) A test and evaluation master plan, approved by the
Director of Operational Test and Evaluation, that addresses
testing resources, testing aircraft shortfalls, and testing
funding.
(C) A technology readiness assessment of all technologies
and capabilities planned for F-35 Block 4 conducted by the
Under Secretary of Defense for Research and Engineering.
(D) A review of the feasibility of the continuous
capability development and delivery strategy for fielding F-
35 Block 4 technologies conducted by the Under Secretary of
Defense for Research and Engineering.
(2) F-35 block 4 defined.--In this subsection, the term
``F-35 Block 4'' has the meaning given that term in section
132(e).
(c) Report on F-35 Autonomic Logistics Information
System.--The Secretary of Defense shall submit to the
congressional defense committees a report on the autonomic
logistics information system of the F-35 aircraft. The report
shall include a description of each of the following:
(1) All shortfalls, capability gaps, and deficiencies in
the system that have been identified as of the date of the
enactment of this Act.
(2) The strategy and performance requirements that will be
implemented to improve the system.
(3) The strategy, implementation plan, schedule, and
estimated costs of developing and fielding--
(A) the next generation of the system; or
(B) future increments of the system.
(d) Deadline for Submittal.--The reports required under
subsections (a) through (c) shall be submitted to the
congressional defense committees not later than 180 days
after the date of the enactment of this Act.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the use of the Department of Defense for
research, development, test, and evaluation, as specified in
the funding table in section 4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. PROGRAM ON ENHANCEMENT OF PREPARATION OF DEPENDENTS
OF MEMBERS OF ARMED FORCES FOR CAREERS IN
SCIENCE, TECHNOLOGY, ENGINEERING, AND
MATHEMATICS.
(a) Program Required.--Chapter 111 of title 10, United
States Code, is amended by inserting after section 2192a the
following new section:
``Sec. 2192b. Program on enhancement of preparation of
dependents of members of armed forces for careers in
science, technology, engineering, and mathematics
``(a) Program Required.--The Secretary of Defense shall
carry out a program to--
``(1) enhance the preparation of students at covered
schools for careers in science, technology, engineering, and
mathematics; and
``(2) provide assistance to teachers at covered schools to
enhance preparation described in paragraph (1).
``(b) Coordination.--In carrying out the program, the
Secretary shall coordinate with the following:
``(1) The Secretaries of the military departments.
``(2) The Secretary of Education.
``(3) The National Science Foundation.
``(4) Other organizations as the Secretary of Defense
considers appropriate.
``(c) Activities.--Activities under the program may include
the following:
``(1) Establishment of targeted internships and cooperative
research opportunities at defense laboratories and other
technical centers for students and teachers at covered
schools.
``(2) Establishment of scholarships and fellowships for
students at covered schools.
``(3) Efforts and activities that improve the quality of
science, technology, engineering, and mathematics educational
and training opportunities for students and teachers at
covered schools, including with respect to improving the
development of curricula at covered schools.
``(4) Development of travel opportunities, demonstrations,
mentoring programs, and informal science education for
students and teachers at covered schools.
``(d) Metrics.--The Secretary shall establish outcome-based
metrics and internal and external assessments to evaluate the
merits and benefits of activities conducted under the program
with respect to the needs of the Department of Defense.
``(e) Covered Schools Defined.--In this section, the term
`covered schools' means elementary or secondary schools at
which the Secretary determines a significant number of
dependents of members of the armed forces are enrolled.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2192a the following new item:
``2192b. Program on enhancement of preparation of dependents of members
of armed forces for careers in science, technology,
engineering, and mathematics.''.
(c) Conforming Repeal.--Section 233 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291; 10 U.S.C. 2193a
note) is repealed.
SEC. 212. TEMPORARY INCLUSION OF JOINT ARTIFICIAL
INTELLIGENCE CENTER OF THE DEPARTMENT OF
DEFENSE IN PERSONNEL MANAGEMENT AUTHORITY TO
ATTRACT EXPERTS IN SCIENCE AND ENGINEERING.
(a) In General.--Subsection (a) of section 1599h of title
10, United States Code, is amended by adding at the end the
following new paragraph:
``(6) Joint artificial intelligence center.--The Director
of the Joint Artificial Intelligence Center may carry out a
program of personnel management authority provided in
subsection (b) in order to facilitate recruitment of eminent
experts in science or engineering for the Center. The
authority to carry out the program under this paragraph shall
terminate on December 31, 2024.''.
(b) Scope of Appointment Authority.--Subsection (b)(1) of
such section is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by adding ``and'' at the end; and
(3) by adding at the end the following new subparagraph:
``(F) in the case of the Joint Artificial Intelligence
Center, appoint scientists and engineers to a total of not
more than 5 scientific and engineering positions in the
Center;''.
(c) Extension of Terms of Appointment.--Subsection (c)(2)
of such section is amended by striking ``or the Defense
Innovation Unit Experimental'' and inserting ``the Defense
Innovation Unit Experimental, or the Joint Artificial
Intelligence Center''.
SEC. 213. JOINT HYPERSONICS TRANSITION OFFICE.
Section 218 of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
10 U.S.C. 2358 note) is amended--
(1) in subsection (a), by striking ``the program required
under subsection (b), and shall'' and inserting ``the program
and activities described in subsections (d) through (g), and
shall'';
(2) by redesignating subsections (b) through (e) as
subsections (d) through (g), respectively;
(3) by inserting after subsection (a) the following new
subsections:
``(b) Director.--There is a Director of the Office
(referred to in this section as the `Director'). The Director
shall be appointed by the Secretary of Defense and shall
serve as the senior official
[[Page H5362]]
in the Department of Defense with principal responsibility
for carrying out the program and activities described in
subsections (d) through (g). The Director shall report to the
Assistant Director for Hypersonics within the Office of the
Under Secretary of Defense for Research and Engineering.
``(c) University Consortium.--
``(1) Designation.--The Director shall designate a
consortium of institutions of higher education (as that term
is defined in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001)) to lead foundational hypersonic research in
research areas that the Director determines to be appropriate
for the Department of Defense.
``(2) Availability of information.--The Director shall
ensure that the research results and reports of the
consortium are made available across the Federal Government,
the private sector, and academia, consistent with appropriate
security classification guidance.'';
(4) in subsection (d), by striking ``The Office'' and
inserting ``The Director'';
(5) in subsection (e), as so redesignated--
(A) in the matter preceding paragraph (1), by striking
``program required by subsection (b), the Office'' and
inserting ``program required by subsection (d), the
Director'';
(B) in paragraph (3)(A), by striking ``private sector'' and
inserting ``private-sector academic''; and
(C) in paragraph (5), by striking ``certified under
subsection (e) as being consistent with the roadmap under
subsection (d)'' and inserting ``certified under subsection
(g) as being consistent with the roadmap under subsection
(f)'';
(6) in subsection (f), as so redesignated--
(A) in paragraph (3)--
(i) in subparagraph (C)--
(I) in clause (i), by striking ``and'' at the end;
(II) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(III) by adding at the end the following new clause:
``(iii) the activities and resources of the consortium
designated by the Director under subsection (c) to be
leveraged by the Department to meet such goals.''; and
(ii) in subparagraph (D), by striking ``facilities'' both
places it appears and inserting ``facilities and
infrastructure''; and
(B) by adding at the end the following new paragraph:
``(4) Submittal to congress.--
``(A) Initial submission.--Not later than 180 days after
the date of the enactment of this paragraph, the Secretary of
Defense shall submit to the congressional defense committees
the roadmap developed under paragraph (1).
``(B) Subsequent submissions.--The Secretary of Defense
shall submit to the congressional defense committees each
roadmap revised under paragraph (1) together with the budget
submitted to Congress under section 1105 of title 31, United
States Code, for the fiscal year concerned.'';
(7) in subsection (g), as so redesignated--
(A) by striking ``subsection (d)'' each place it appears
and inserting ``subsection (f)'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``The Office'' and insert ``The Director'';
(ii) in subparagraph (A) by striking ``research,
development, test, and evaluation and demonstration programs
within the Department of Defense'' and inserting ``defense-
wide research, development, test, and evaluation and
demonstration programs''; and
(iii) in subparagraph (B), by striking ``the hypersonics''
and inserting ``all hypersonics'';
(C) in paragraph (2), by striking ``The Office'' and
inserting ``The Director''; and
(D) in paragraph (3), by striking ``2016'' and inserting
``2026''; and
(8) by adding at the end the following new subsection:
``(h) Funding.--The Secretary may make available such funds
to the Office for basic research, applied research, advanced
technology development, prototyping, studies and analyses,
and organizational support as the Secretary considers
appropriate to support the efficient and effective
development of hypersonics technologies and transition of
those systems and technologies into acquisition programs or
operational use.''.
SEC. 214. MODIFICATION OF PROOF OF CONCEPT COMMERCIALIZATION
PROGRAM.
(a) Extension of Program.--Section 1603(g) of the National
Defense Authorization Act for Fiscal Year 2014 (Public Law
113-66; 10 U.S.C. 2359 note) is amended by striking ``2019''
and inserting ``2024''.
(b) Additional Improvements.--Section 1603 of such Act, as
amended by subsection (a), is further amended--
(1) in the section heading, by inserting ``of dual-use
technology'' after ``commercialization'';
(2) in subsection (a)--
(A) by inserting ``of Dual-Use Technology'' before
``Program''; and
(B) by inserting ``with a focus on priority defense
technology areas that attract public and private sector
funding, as well as private sector investment capital,
including from venture capital firms in the United States,''
before ``in accordance'';
(3) in subsection (c)(4)(A)(iv), by inserting ``, which may
include access to venture capital'' after ``award'';
(4) by striking subsection (d);
(5) by redesignating subsection (e) as subsection (d);
(6) by striking subsection (f); and
(7) by adding at the end the following new subsection (e):
``(e) Authorities.--In carrying out this section, the
Secretary may use the following authorities:
``(1) Section 1599g of title 10 of the United States Code,
relating to public-private talent exchanges.
``(2) Section 2368 of such title, relating to Centers for
Science, Technology, and Engineering Partnerships.
``(3) Section 2374a of such title, relating to prizes for
advanced technology achievements.
``(4) Section 2474 of such title, relating to Centers of
Industrial and Technical Excellence.
``(5) Section 2521 of such title, relating to the
Manufacturing Technology Program.
``(6) Section 225 of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2359
note).
``(7) Section 1711 of such Act (Public Law 115-91; 10
U.S.C. 2505 note), relating to a pilot program on
strengthening manufacturing in the defense industrial base.
``(8) Section 12 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3710a) and section 6305 of
title 31, United States Code, relating to cooperative
research and development agreements.''.
SEC. 215. CONTRACT FOR NATIONAL SECURITY RESEARCH STUDIES.
(a) Contract Authority.--The Secretary of Defense, acting
through the Under Secretary of Defense for Acquisition and
Sustainment, shall seek to enter into a contract with a
federally funded research and development center under which
the private scientific advisory group known as ``JASON'' will
provide national security research studies to the Department
of Defense.
(b) Terms of Contract.--The contract entered into under
subsection (a) shall be an indefinite delivery-indefinite
quantity contract with terms substantially similar to the
terms of the contract in effect before March 28, 2019, under
which JASON provided national security research studies to
the Department of Defense (solicitation number HQ0034-19-R-
0011 for JASON National Security Research Studies).
(c) Termination.--The Secretary of Defense may not
terminate the contract under subsection (a) until a period of
90 days has elapsed following the date on which the Secretary
notifies the congressional defense committees of the intent
of the Secretary to terminate the contract.
SEC. 216. JASON SCIENTIFIC ADVISORY GROUP.
Pursuant to section 173 of title 10, United States Code,
the Secretary of Defense shall seek to engage the members of
the private scientific advisory group known as ``JASON'' as
advisory personnel to provide advice, on an ongoing basis, on
matters involving science, technology, and national security,
including methods to defeat existential and technologically-
amplified threats to national security.
SEC. 217. DIRECT AIR CAPTURE AND BLUE CARBON REMOVAL
TECHNOLOGY PROGRAM.
(a) Program Authorized.--
(1) In general.--The Secretary of Defense, in coordination
with the Secretary of Homeland Security, the Secretary of
Energy, and the heads of such other Federal agencies as the
Secretary of Defense considers appropriate, may carry out a
program on research, development, testing, evaluation, study,
and demonstration of technologies related to blue carbon
capture and direct air capture.
(2) Program goals.--The goals of the program established
under paragraph (1) are as follows:
(A) To develop technologies that capture carbon dioxide
from seawater and the air to turn such carbon dioxide into
clean fuels to enhance fuel and energy security.
(B) To develop and demonstrate technologies that capture
carbon dioxide from seawater and the air to reuse such carbon
dioxide to create products for military uses.
(C) To develop direct air capture technologies for use--
(i) at military installations or facilities of the
Department of Defense; or
(ii) in modes of transportation by the Navy or the Coast
Guard.
(3) Phases.--The program established under paragraph (1)
shall be carried out in two phases as follows:
(A) The first phase may consist of research and development
and shall be carried out as described in subsection (b).
(B) The second phase shall consist of testing and
evaluation and shall be carried out as described in
subsection (c), if the Secretary determines that the results
of the research and development phase justify implementing
the testing and evaluation phase.
(4) Designation.--The program established under paragraph
(1) shall be known as the ``Direct Air Capture and Blue
Carbon Removal Technology Program'' (in this section referred
to as the ``Program'').
(b) Research and Development Phase.--
(1) In general.--During the research and development phase
of the Program, the Secretary of Defense may conduct research
and development in pursuit of the goals set forth in
subsection (a)(2).
(2) Direct air capture.--The research and development phase
of the Program may include, with respect to direct air
capture, a front end engineering and design study that
includes an evaluation of direct air capture designs to
produce fuel for use--
(A) at military installations or facilities of the
Department of Defense; or
(B) in modes of transportation by the Navy or the Coast
Guard.
(3) Duration.--The Secretary may carry out the research and
development phase of the Program commencing not later than 90
days after the date of the enactment of this Act.
(4) Grants authorized.--The Secretary may carry out the
research and development phase of the Program through the
award of grants to private persons and eligible laboratories.
(5) Report required.--Not later than 180 days after the
date of the completion of the research and development phase
of the Program,
[[Page H5363]]
the Secretary shall submit to Congress a report on the
research and development carried out under the Program.
(c) Testing and Evaluation Phase.--
(1) In general.--During the testing and evaluation phase of
the Program, the Secretary may, in pursuit of the goals set
forth in subsection (a)(2), conduct tests and evaluations of
the technologies researched and developed during the research
and development phase of the Program.
(2) Direct air capture.--The testing and evaluation phase
of the Program may include demonstration projects for direct
air capture to produce fuel for use--
(A) at military installations or facilities of the
Department of Defense; or
(B) in modes of transportation by the Navy or the Coast
Guard.
(3) Duration.--Subject to subsection (a)(3)(B), the
Secretary may carry out the testing and evaluation phase of
the Program commencing on the date of the completion of the
research and development phase described in subsection (b),
except that the testing and evaluation phase of the Program
with respect to direct air capture may commence at such time
after a front end engineering and design study demonstrates
to the Secretary that commencement of such phase is
appropriate.
(4) Grants authorized.--The Secretary may carry out the
testing and evaluation phase of the Program through the award
of grants to private persons and eligible laboratories.
(5) Locations.--The Secretary shall carry out the testing
and evaluation phase of the Program at military installations
or facilities of the Department of Defense.
(6) Report required.--Not later than September 30, 2026,
the Secretary shall submit to Congress a report on the
findings of the Secretary with respect to the effectiveness
of the technologies tested and evaluated under the Program.
(d) Definitions.--In this section:
(1) Blue carbon capture.--The term ``blue carbon capture''
means the removal of dissolved carbon dioxide from seawater
through engineered or inorganic processes, including filters,
membranes, or phase change systems.
(2) Direct air capture.--
(A) In general.--The term ``direct air capture'', with
respect to a facility, technology, or system, means that the
facility, technology, or system uses carbon capture equipment
to capture carbon dioxide directly from the air.
(B) Exclusion.--The term ``direct air capture'' does not
include any facility, technology, or system that captures
carbon dioxide--
(i) that is deliberately released from a naturally
occurring subsurface spring; or
(ii) using natural photosynthesis.
(3) Eligible laboratory.--The term ``eligible laboratory''
means--
(A) a National Laboratory (as defined in section 2 of the
Energy Policy Act of 2005 (42 U.S.C. 15801)); or
(B) the science and technology reinvention laboratories (as
designated under section 1105 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84 ;
10 U.S.C. 2358 note));
(C) the Major Range and Test Facility Base (as defined in
section 2358a(f)(3) of title 10, United States Code); and
(D) other facilities that support the research development,
test, and evaluation activities of the Department of Defense
or Department of Energy.
SEC. 218. FOREIGN MALIGN INFLUENCE OPERATIONS RESEARCH
PROGRAM.
(a) Program Required.--The Secretary of Defense, acting
through the Under Secretary of Defense for Research and
Engineering, shall carry out a research program on foreign
malign influence operations research as part of the
university and other basic research programs of the
Department of Defense (such as the Minerva Research
Initiative).
(b) Program Objectives.--The objectives of the research
program shall be the following:
(1) To enhance the understanding of foreign malign
influence operations, including activities conducted on
social media platforms.
(2) To facilitate the compilation, analysis, and storage of
publicly available or voluntarily provided indicators of
foreign malign influence operations, including those
appearing on social media platforms, for the purposes of
additional research.
(3) To promote the development of best practices relating
to tactics, techniques, procedures, and technology for the
protection of the privacy of the customers and users of the
social media platforms and the proprietary information of the
social media companies in conducting research and analysis or
compiling and storing indicators and key trends of foreign
malign influence operations on social media platforms.
(4) To promote collaborative research and information
exchange with other relevant entities within the Department
and with other agencies relating to foreign malign influence
operations.
(c) Program Activities.--In order to achieve the objectives
specified in subsection (b), the Secretary is authorized to
carry out the following activities:
(1) The Secretary may award research grants to eligible
individuals and entities on a competitive basis.
(2) The Secretary may award financial assistance to
graduate students on a competitive basis.
(d) Report.--Not later than March 1, 2020, the Secretary of
Defense shall submit to the congressional defense committees
a report on the progress of the Secretary in carrying out the
research program under this section, including a description
of the activities and research conducted as part of the
program.
SEC. 219. SENSOR DATA INTEGRATION FOR FIFTH GENERATION
AIRCRAFT.
(a) F-35 Sensor Data.--The Secretary of Defense shall
ensure that--
(1) information collected by the passive and active on-
board sensors of the F-35 Joint Strike Fighter aircraft is
capable of being shared, in real time, with joint service
users in cases in which the Joint Force Commander determines
that sharing such information would be operationally
advantageous; and
(2) the Secretary has developed achievable, effective, and
suitable concepts and supporting technical architectures to
collect, store, manage, and disseminate information collected
by such sensors.
(b) GAO Study and Report.--
(1) Study.--The Comptroller General of the United States
shall conduct a study of the sensor data collection and
dissemination capability of fifth generation aircraft of the
Department of Defense.
(2) Elements.--The study required by paragraph (1) shall
include an assessment of the following--
(A) the extent to which the Department has established
doctrinal, organizational, or technological methods of
managing the large amount of sensor data that is currently
collected and which may be collected by existing and planned
advanced fifth generation aircraft;
(B) the status of the existing sensor data collection,
storage, dissemination, and management capability and
capacity of fifth generation aircraft, including the F-35,
the F-22, and the B-21; and
(C) the ability of the F-35 aircraft and other fifth
generation aircraft to share information collected by the
aircraft in real-time with other joint service users as
described in subsection (a)(1).
(3) Study results.--
(A) Interim briefing.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General
shall provide to the congressional defense committees a
briefing on the preliminary findings of the study conducted
under this subsection.
(B) Final results.--The Comptroller General shall provide
the final results of the study conducted under this
subsection to the congressional defense committees at such
time and in such format as is mutually agreed upon by the
committees and the Comptroller General at the time of the
briefing under subparagraph (A).
SEC. 220. DOCUMENTATION RELATING TO ADVANCED BATTLE
MANAGEMENT SYSTEM.
(a) Documentation Required.--Not later than the date
specified in subsection (b), the Secretary of the Air Force
shall submit to the congressional defense committees the
following documentation relating to the Advanced Battle
Management System:
(1) A list that identifies each program, project, and
activity that comprises the System.
(2) The final analysis of alternatives for the System.
(3) An acquisition strategy for the System, including--
(A) an outline of each increment of the System; and
(B) the date on which each increment will reach initial
operational capability and full operational capability,
respectively.
(4) A capability development document for the System.
(5) An acquisition program baseline for the System.
(6) A test and evaluation master plan for the System.
(7) A life-cycle sustainment plan for the System.
(b) Date Specified.--The date specified in this subsection
is the earlier of--
(1) the date that is 180 days after the date on which the
final analysis of alternatives for the Advanced Battle
Management System is completed; or
(2) April 1, 2020.
(c) Advanced Battle Management System Defined.--In this
section, the term ``Advanced Battle Management System'' means
the Advanced Battle Management System of Systems capability
of the Air Force, including each program, project, and
activity that comprises such capability.
SEC. 221. DOCUMENTATION RELATING TO B-52 COMMERCIAL ENGINE
REPLACEMENT PROGRAM.
(a) Documentation Required.--The Secretary of the Air Force
shall submit to the congressional defense committees the
following documentation relating to the B-52 commercial
engine replacement program of the Air Force:
(1) A capability development document for the program,
approved by the Secretary of the Air Force.
(2) A test and evaluation master plan for the program,
approved by the Director of Operational Test and Evaluation.
(b) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020
for the Air Force, not more than 75 percent may be obligated
or expended until the date on which the Secretary of the Air
Force submits to the congressional defense committees the
documentation required under subsection (a).
SEC. 222. DIVERSIFICATION OF THE SCIENCE, TECHNOLOGY,
RESEARCH, AND ENGINEERING WORKFORCE OF THE
DEPARTMENT OF DEFENSE.
(a) Assessment Required.--
(1) In general.--The Secretary of Defense, acting through
the Under Secretary of Defense for Research and Engineering,
shall conduct an assessment of critical skillsets required
across the science, technology, research, and engineering
workforce of the Department of Defense to support emerging
and future warfighter technologies.
(2) Elements.--The assessment required by paragraph (1)
shall include analysis of the following:
(A) The percentage of women and minorities employed in the
workforce as of the date of the assessment.
[[Page H5364]]
(B) The percentage of grants, fellowships, and funding
awarded to minorities and women.
(C) The effectiveness of existing hiring and attraction
incentives, other encouragements, and required service
agreement commitments in attracting and retaining minorities
and women in the workforce of the Department after such
individuals complete work on Department-funded research
projects, grant projects, fellowships, and STEM programs.
(D) The geographical diversification of the workforce and
the operating costs of the workforce across various
geographic regions.
(b) Plan Required.--
(1) In general.--Based on the results of the assessment
conducted under subsection (a), the Secretary of Defense,
acting through the Under Secretary of Defense for Research
and Engineering, shall develop and implement a plan to
diversify and strengthen the science, technology, research,
and engineering workforce of the Department of Defense.
(2) Elements.--The plan required by paragraph (1) shall--
(A) align with science and technology strategy priorities
of the Department of Defense, including the emerging and
future warfighter technology requirements identified by the
Department;
(B) except as provided in subsection (c)(2), set forth
steps for the implementation of each recommendation included
in the 2013 report of the RAND corporation titled ``First
Steps Toward Improving DoD STEM Workforce Diversity'';
(C) harness the full range of the Department's STEM
programs and other Department-sponsored programs to develop
and attract top talent;
(D) use existing authorities to attract and retain
students, academics, and other talent;
(E) establish and use contracts, agreements, or other
arrangements with institutions of higher education (as
defined in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001)), including historically black colleges and
universities and other minority-serving institutions (as
described in section 371(a) of such Act (20 U.S.C. 1067q(a))
to enable easy and efficient access to research and
researchers for Government-sponsored basic and applied
research and studies at each institution, including
contracts, agreements, and other authorized arrangements such
as those authorized under--
(i) section 217 of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2358
note); and
(ii) such other authorities as the Secretary determines to
be appropriate; and
(F) include recommendations for changes in authorities,
regulations, policies, or any other relevant areas, that
would support the achievement of the goals set forth in the
plan.
(3) Submittal to congress.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees
a report that includes--
(A) the plan developed under paragraph (1); and
(B) with respect to each recommendation described in
paragraph (2)(B) that the Secretary implemented or expects to
implement--
(i) a summary of actions that have been taken to implement
the recommendation; and
(ii) a schedule, with specific milestones, for completing
the implementation of the recommendation.
(c) Deadline for Implementation.--
(1) In general.--Except as provided in paragraph (2), not
later than 18 months after the date of the enactment of this
Act the Secretary of Defense shall carry out activities to
implement the plan developed under subsection (b).
(2) Exception for implementation of certain
recommendations.--
(A) Delayed implementation.--The Secretary of Defense may
commence implementation of a recommendation described in
subsection (b)(2)(B) after the date specified in paragraph
(1) if the Secretary provides the congressional defense
committees with a specific justification for the delay in
implementation of such recommendation on or before such date.
(B) Nonimplementation.--The Secretary of Defense may opt
not to implement a recommendation described in subsection
(b)(2)(B) if the Secretary provides to the congressional
defense committees, on or before the date specified in
paragraph (1)--
(i) a specific justification for the decision not to
implement the recommendation; and
(ii) a summary of the alternative actions the Secretary
plans to take to address the issues underlying the
recommendation.
(d) STEM Defined.--In this section, the term ``STEM'' means
science, technology, engineering, and mathematics.
SEC. 223. POLICY ON THE TALENT MANAGEMENT OF DIGITAL
EXPERTISE AND SOFTWARE PROFESSIONALS.
(a) Policy.--
(1) In general.--It shall be a policy of the Department of
Defense to promote and maintain digital expertise and
software development as core competencies of civilian and
military workforces of the Department, and as a capability to
support the National Defense Strategy, which policy shall be
achieved by--
(A) the recruitment, development, and incentivization of
retention in and to the civilian and military workforce of
the Department of individuals with aptitude, experience,
proficient expertise, or a combination thereof in digital
expertise and software development;
(B) at the discretion of the Secretaries of the military
departments, the development and maintenance of civilian and
military career tracks related to digital expertise, and
related digital competencies for members of the Armed Forces,
including the development and maintenance of training,
education, talent management, incentives, and promotion
policies in support of members at all levels of such career
tracks; and
(C) the development and application of appropriate
readiness standards and metrics to measure and report on the
overall capability, capacity, utilization, and readiness of
digital engineering professionals to develop and deliver
operational capabilities and employ modern business
practices.
(2) Definitions.--For purposes of this section, ``digital
engineering'' is the discipline and set of skills involved in
the creation, processing, transmission, integration, and
storage of digital data, (including but not limited to data
science, machine learning, software engineering, software
product management, and artificial intelligence product
management).
(b) Responsibility.--
(1) Appointment of officer.--Not later than 270 days after
the date of enactment of this Act, the Secretary of Defense
shall appoint a civilian official responsible for the
development and implementation of the policy set forth in
subsection (a). The official shall be known as the ``Chief
Digital Engineering Recruitment and Management Officer of the
Department of Defense'' (in this section referred to as the
``Officer'').
(2) Expiration of appointment.--The appointment of the
Officer under paragraph (1) shall expire on September 30,
2029.
(c) Duties.--In developing and providing for the discharge
of the policy set forth in subsection (a), the Officer shall
work with the Assistant Secretaries of the military
departments for Manpower and Reserve Affairs to carry out the
following:
(1) Develop for, and enhance within, the recruitment
programs of each Armed Force various core initiatives,
programs, activities, and mechanisms, tailored to the unique
needs of each Armed Force, to identify and recruit civilian
employees and members of the Armed Forces with demonstrated
aptitude, interest, and proficiency in digital engineering,
and in science, technology, engineering, and mathematics
(STEM) generally, including initiatives, programs,
activities, and mechanisms to target populations of
individuals not typically aware of opportunities in the
Department of Defense for a digital engineering career.
(2) Identify and share with the military departments best
practices around the development of flexible career tracks
and identifiers for digital engineering and related digital
competencies and meaningful opportunities for career
development, talent management, and promotion within such
career tracks.
(3) Develop and maintain education, training, doctrine,
rotational opportunities, and professional development
activities to support the civilian and military digital
engineering workforce.
(4) Coordinate and synchronize digital force management
activities throughout the Department of Defense, advise the
Secretary of Defense on all matters pertaining to the health
and readiness of digital forces, convene a Department-wide
executive steering group, and submit to Congress an annual
report on the readiness of digital forces and progress toward
achieving the policy set forth in subsection (a).
(5) Create a Department-wide mechanism to track digital
expertise in the workforce, develop and maintain
organizational policies, strategies, and plans sufficient to
build, maintain, and refresh internal capacity at scale, and
report to the Secretary quarterly on the health and readiness
the digital engineering workforce.
(6) Assist the military departments in designing,
developing, and executing programs and incentives to retain,
track, and oversee digital expertise among civilian employees
of the Department and members of the Armed Forces on active
duty.
(7) At the request of the Chief of Staff of an Armed Force,
or the head of another component or element of the
Department, undertake an executive search for key leadership
positions in digital engineering in such Armed Force,
component, or element, and develop and deploy agile hiring
processes to fill such positions.
(8) Identify necessary changes in authorities, policies,
resources, or a combination thereof to further the policy set
forth in subsection (a), and submit to Congress a report on
such changes.
(d) Implementation Plan.--Not later than May 1, 2020, the
Secretary of Defense shall submit to the Committees on Armed
Services of the House of Representatives and the Senate a
plan to carry out the requirements of this section. The plan
shall include the following:
(1) An assessment of progress of the Secretary in
recruiting an individual to serve as the Officer required to
be appointed under subsection (b).
(2) A timeline for implementation of the requirements of
this section, including input from each military department
on its unique timeline.
(3) Recommendations for any legislative or administrative
action required to meet the requirements of this section.
SEC. 224. DEVELOPMENT AND IMPLEMENTATION OF DIGITAL
ENGINEERING CAPABILITY AND AUTOMATED SOFTWARE
TESTING AND EVALUATION.
(a) Capability Required.--
(1) In general.--The Under Secretary of Defense for
Research and Engineering and the Director of Operational Test
and Evaluation shall jointly design, develop, and implement a
digital engineering capability and infrastructure--
(A) to provide technically accurate digital models to the
acquisition process; and
(B) to serve as the foundation for automated approaches to
software testing and evaluation.
(2) Elements.--The capability developed under subsection
(a) shall consist of digital platforms that may be accessed
by individuals throughout the Department who have
responsibilities relating to the development, testing,
[[Page H5365]]
evaluation, and operation of software. The platforms shall
enable such individuals to--
(A) use systems-level digital representations and
simulation environments;
(B) perform automated software testing based on criteria
developed, in part, in consultation with the Under
Secretary's developmental test organization and the Director
to satisfy program operational test requirements; and
(C) perform testing on a repeatable, frequent, and
iterative basis.
(b) Pilot Programs.--
(1) In general.--The Under Secretary and Director shall
carry out pilot programs to demonstrate whether it is
possible for automated testing to satisfy--
(A) developmental test requirements for the software-
intensive programs of the Department of Defense; and
(B) the Director's operational test requirements for such
programs.
(2) Number of pilot programs.--The Under Secretary and
Director shall carry out not fewer than four and not more
than ten pilot programs under this section.
(3) Requirements.--For each pilot program carried out under
paragraph (1), the Under Secretary and Director shall--
(A) conduct a cost-benefit analysis that compares the costs
and benefits of the digital engineering and automated testing
approach of the pilot program to the nondigital engineering
based approach typically used by the Department of Defense;
(B) ensure that the intellectual property strategy for the
pilot program supports the data required to operate the
models used under the program; and
(C) develop a workforce and infrastructure plan to support
any new policies and guidance implemented during the pilot
program or after the completion of the program.
(4) Considerations.--In carrying out paragraph (1), the
Under Secretary and Director may consider using the
authorities provided under sections 873 and 874 of the
National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91).
(5) Report.--Not later than 90 days after the date of the
enactment of this Act, the Under Secretary and Director shall
submit to the congressional defense committees a report that
includes a description of--
(A) each pilot program that will be carried out under
paragraph (1);
(B) software programs that may be used as part of each
pilot program;
(C) selection criteria and intellectual property and
licensing issues relating to such software programs;
(D) any recommendations for changes to existing law to
facilitate the implementation of the pilot programs; and
(E) such other matters as the Under Secretary and Director
determine to be relevant.
(6) Termination.--Each pilot program carried out under
paragraph (1) shall terminate not later than December 31,
2025.
(c) Policies and Guidance Required.--
(1) In general.--The Under Secretary and the Director shall
issue policies and guidance to implement--
(A) the digital engineering capability and infrastructure
developed under subsection (a); and
(B) the pilot programs carried out under subsection (b).
(2) Elements.--The policies and guidance issued under
paragraph (1) shall--
(A) specify procedures for developing and maintaining
digital engineering models and the automated testing of
software throughout the program life cycle;
(B) include processes for automated testing of
developmental test requirements and operational test
requirements;
(C) include processes for automated security testing,
including--
(i) penetration testing; and
(ii) vulnerability scanning;
(D) include processes for security testing performed by
individuals, including red team assessments with zero-trust
assumptions;
(E) encourage the use of an automated testing capability
instead of acquisition-related processes that require
artifacts to be created for acquisition oversight but are not
used as part of the engineering process;
(F) support the high-confidence distribution of software to
the field on a time-bound, repeatable, frequent, and
iterative basis;
(G) provide technically accurate models, including models
of system design and performance, to the acquisition process;
and
(H) ensure that models are continually updated with the
newest design, performance, and testing data.
(d) Consultation.--In carrying out subsections (a) through
(c), the Under Secretary and Director shall consult with--
(1) the Under Secretary of Defense for Acquisition and
Sustainment;
(2) the service acquisition executives;
(3) the service testing commands; and
(4) the Defense Digital Service.
(e) Report Required.--Not later one year after the date of
the enactment of this Act, the Under Secretary and Director
shall submit to the congressional defense committees a report
on the progress of the Under Secretary and Director in
carrying out subsections (a) through (c). The report shall
include--
(1) an independent assessment conducted by the Defense
Innovation Board of the progress made as of the date of the
report;
(2) an explanation of how the results of the pilot programs
carried out under subsection (b) will inform subsequent
policy and guidance, particularly the policy and guidance of
the Director of Operational Test and Evaluation; and
(3) any recommendations for changes to existing law to
facilitate the implementation of subsections (a) through (c).
(f) Definitions.--In this section:
(1) The term ``Under Secretary and Director'' means the
Under Secretary of Defense for Research and Engineering and
the Director of Operational Test and Evaluation, acting
jointly.
(2) The term ``digital engineering'' means an integrated
digital approach that uses authoritative sources of system
data and models as a continuum across disciplines to support
life-cycle activities from concept through disposal.
(3) The term ``zero-trust assumption'' means a security
architecture philosophy designed to prevent all threats,
including insider threats and outsider threats.
(4) The term ``red team assessment'' means penetration
tests and operations performed on a system to emulate a
capable adversary to expose security vulnerabilities.
SEC. 225. PROCESS TO ALIGN POLICY FORMULATION AND EMERGING
TECHNOLOGY DEVELOPMENT.
(a) Alignment of Policy and Technological Development.--Not
later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall establish a process to
ensure that the policies of the Department of Defense
relating to emerging technology are formulated and updated
continuously as such technology is developed by the
Department.
(b) Elements.--As part of the process established under
subsection (a), the Secretary shall--
(1) specify the role of each covered official in ensuring
that the formulation of policies relating to emerging
technology is carried out concurrently with the development
of such technology;
(2) establish mechanisms to ensure that the Under Secretary
of Defense for Policy has the information and resources
necessary to continuously formulate and update policies
relating to emerging technology, including by directing the
organizations and entities of the Department of Defense
responsible for the development such technology--
(A) to share information with the Under Secretary;
(B) to communicate plans for the fielding and use of
emerging technology to the Under Secretary; and
(C) to coordinate activities relating to such technology
with the Under Secretary; and
(3) incorporate procedures for the legal review of--
(A) weapons that incorporate emerging technology; and
(B) treaties that may be affected by such technology.
(c) Reports Required.--
(1) Interim report.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
the progress of the Secretary in carrying out subsection (a).
(2) Final report.--Not later than 30 days after date on
which the Secretary of Defense establishes the process
required under subsection (a), the Secretary shall submit to
the congressional defense committees a report that describes
such process.
(d) Definitions.--In this section:
(1) The term ``covered official'' means the Chairman of the
Joint Chiefs of Staff, the Under Secretary of Defense for
Research and Engineering, the Under Secretary of Defense for
Policy, the commanders of the combatant commands, and the
Secretaries of the military departments.
(2) The term ``emerging technology'' means technology
determined to be in an emerging phase of development by the
Secretary of Defense and includes quantum computing,
technology for the analysis of large and diverse sets of data
(commonly known as ``big data analytics''), artificial
intelligence, autonomous technology, robotics, directed
energy, hypersonics, and biotechnology.
SEC. 226. LIMITATION ON TRANSITION OF STRATEGIC CAPABILITIES
OFFICE OF THE DEPARTMENT OF DEFENSE.
(a) Limitation.--The Secretary of Defense may not
transition or transfer the functions of the Strategic
Capabilities Office of the Department of Defense to another
organization or element of the Department until--
(1) the plan required under subsection (b) has been
submitted to the congressional defense committees; and
(2) a period of 30 days has elapsed following the date on
which the Secretary notifies the congressional defense
committees of the intent of the Secretary to transition or
transfer the functions of the Office.
(b) Plan Required.--
(1) In general.--The Secretary of Defense shall submit to
the congressional defense committees a plan for the
transition or transfer of the functions of the Strategic
Capabilities Office to another organization or element of the
Department of Defense.
(2) Elements.--The plan required under paragraph (1) shall
include the following:
(A) A timeline for the potential transition or transfer of
the activities, functions, programs, plans, and resources of
the Strategic Capabilities Office.
(B) The status of funding and execution of current
Strategic Capabilities Office projects, including a strategy
for mitigating risk to current projects during the transition
or transfer.
(C) The impact of the transition or transfer on the ability
of the Department to rapidly address Combatant Command
requirements.
(D) The impact of the transition or transfer on the
cultural attributes and core competencies of the Strategic
Capabilities Office and any organization or element of the
Department of Defense affected by the realignment of the
Office.
(E) An assessment of the impact of the transition or
transfer on the relationships of the Strategic Capabilities
Office with the military departments, Combatant Commands,
Department of Defense laboratories, the intelligence
community, and other research and development activities.
[[Page H5366]]
(F) Budget and programming realignment and prioritization
of Research, Development, Testing, and Evaluation budget
activity that will be carried out as a result of the
transition or transfer.
(G) The status of the essential authorities of the Director
of the Strategic Capabilities Office, including acquisition
authorities, personnel management authorities, the authority
to enter into support agreements and strategic partnerships,
and original classification authority.
(3) Form of plan.--The plan required under paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
Subtitle C--Reports and Other Matters
SEC. 231. MASTER PLAN FOR IMPLEMENTATION OF AUTHORITIES
RELATING TO SCIENCE AND TECHNOLOGY REINVENTION
LABORATORIES.
(a) Plan Required.--The Secretary of Defense, acting
through the Under Secretary of Defense for Research and
Engineering, shall develop a master plan for using current
authorities and responsibilities to strengthen and modernize
the workforce and capabilities of the science and technology
reinvention laboratories of the Department of Defense
(referred to in this section as the ``laboratories'') to
enhance the ability of the laboratories to execute missions
in the most efficient and effective manner.
(b) Elements.--The master plan required under subsection
(a) shall include, with respect to the laboratories, the
following:
(1) A summary of hiring and staffing deficiencies at
laboratories, by location, and the effect of such
deficiencies on the ability of the laboratories--
(A) to meet existing and future requirements of the
Department of Defense; and
(B) to recruit and retain qualified personnel.
(2) A summary of existing and emerging military research,
development, test, and evaluation mission areas requiring the
use of the laboratories.
(3) An explanation of the laboratory staffing capabilities
required for each mission area identified under paragraph
(2).
(4) Identification of specific projects, including hiring
efforts and management reforms, that will be carried out--
(A) to address the deficiencies identified in paragraph
(1); and
(B) to support the existing and emerging mission areas
identified in paragraph (2).
(5) For each project identified under paragraph (4)--
(A) a summary of the plan for the project;
(B) an explanation of the level of priority that will be
given to the project; and
(C) a schedule of required investments that will be made as
part of the project.
(6) A description of how the Department, including each
military department concerned, will carry out the projects
identified in paragraph (3) using--
(A) current authorities and responsibilities; and
(B) such other authorities as are determined to be relevant
by the Secretary of Defense.
(7) Identification of any statutory barriers to
implementing the master plan and legislative proposals to
address such barriers.
(c) Consultation.--In developing the master plan required
under subsection (a), the Secretary of Defense and the Under
Secretary of Defense for Research and Engineering shall
consult with--
(1) the Secretary of each military department;
(2) the Service Acquisition Executives with
responsibilities relevant to the laboratories;
(3) the commander of each military command with
responsibilities relating to research and engineering that is
affected by the master plan; and
(4) any other officials determined to be relevant by the
Secretary of Defense and the Under Secretary of Defense for
Research and Engineering.
(d) Initial Report.--Not later than 180 days after the date
of the enactment of this Act, the Under Secretary of Defense
for Research and Engineering shall submit to the
congressional defense committees a report that identifies any
barriers that prevent the full use and implementation of
current authorities and responsibilities and such other
authorities as are determined to be relevant by the Secretary
of Defense, including any barriers presented by the policies,
authorities, and activities of--
(1) organizations and elements of the Department of
Defense; and
(2) organizations outside the Department.
(e) Final Report.--Not later than October 30, 2020, the
Under Secretary of Defense for Research and Engineering shall
submit to the congressional defense committees--
(1) the master plan developed under subsection (a); and
(2) a report on the activities carried out under this
section.
SEC. 232. MASTER PLAN FOR INFRASTRUCTURE REQUIRED TO SUPPORT
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
MISSIONS.
(a) Plan Required.--The Secretary of Defense, in
consultation with the Secretaries of the military
departments, shall develop and implement a master plan that
addresses the research, development, test, and evaluation
infrastructure and modernization requirements of the
Department of Defense, including the science and technology
reinvention laboratories and the facilities of the Major
Range and Test Facility Base.
(b) Elements.--The master plan required under subsection
(a) shall include, with respect to the research, development,
test, and evaluation infrastructure of the Department of
Defense, the following:
(1) A summary of deficiencies in the infrastructure, by
location, and the effect of the deficiencies on the ability
of the Department--
(A) to meet current and future military requirements
identified in the National Defense Strategy;
(B) to support science and technology development and
acquisition programs; and
(C) to recruit and train qualified personnel.
(2) A summary of existing and emerging military research,
development, test, and evaluation mission areas, by location,
that require modernization investments in the
infrastructure--
(A) to improve operations in a manner that may benefit all
users;
(B) to enhance the overall capabilities of the research,
development, test, and evaluation infrastructure, including
facilities and resources;
(C) to improve safety for personnel and facilities; and
(D) to reduce the long-term cost of operation and
maintenance.
(3) Identification of specific infrastructure projects that
are required to address the infrastructure deficiencies
identified under paragraph (1) or to support the existing and
emerging mission areas identified under paragraph (2).
(4) For each project identified under paragraph (3)--
(A) a description of the scope of work;
(B) a cost estimate;
(C) a summary of the plan for the project;
(D) an explanation of the level of priority that will be
given to the project; and
(E) a schedule of required infrastructure investments.
(5) A description of how the Department, including each
military department concerned, will carry out the
infrastructure projects identified in paragraph (3) using the
range of authorities and methods available to the Department,
including--
(A) military construction authority under section 2802 of
title 10, United States Code;
(B) unspecified minor military construction authority under
section 2805(a) of such title;
(C) laboratory revitalization authority under section
2805(d) of such title;
(D) the authority to carry out facility repair projects,
including the conversion of existing facilities, under
section 2811 of such title;
(E) the authority provided under the Defense Laboratory
Modernization Pilot Program under section 2803 of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 10 U.S.C. 2358 note);
(F) methods that leverage funding from entities outside the
Department, including public-private partnerships, enhanced
use leases, real property exchanges; and
(G) any other authorities and methods determined to be
appropriate by the Secretary of Defense.
(6) Identification of any statutory, regulatory, or policy
barriers to implementing the master plan and regulatory,
policy, or legislative proposals to address such barriers.
(c) Consultation and Use of Contract Authority.--In
implementing the plan required under subsection (a), the
Secretary of Defense shall--
(1) consult with existing and anticipated users of the
Major Range and Test Facility Base; and
(2) consider using the contract authority provided to the
Secretary under section 2681 of title 10, United States Code.
(d) Submission to Congress.--Not later than October 30,
2020, the Secretary of Defense shall submit to the
congressional defense committees the master plan developed
under subsection (a).
(e) Research and Development Infrastructure Defined.--In
this section, the term ``research, development, test, and
evaluation infrastructure'' means the infrastructure of--
(1) the science and technology reinvention laboratories (as
designated under section 1105 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84 ;
10 U.S.C. 2358 note));
(2) the Major Range and Test Facility Base (as defined in
section 2358a(f)(3) of title 10, United States Code); and
(3) other facilities that support the research development,
test, and evaluation activities of the Department.
SEC. 233. STRATEGY AND IMPLEMENTATION PLAN FOR FIFTH
GENERATION INFORMATION AND COMMUNICATIONS
TECHNOLOGIES.
(a) In General.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense shall
develop--
(1) a strategy for harnessing fifth generation (commonly
known as ``5G'') information and communications technologies
to enhance military capabilities, maintain a technological
advantage on the battlefield, and accelerate the deployment
of new commercial products and services enabled by 5G
networks throughout the Department of Defense; and
(2) a plan for implementing the strategy developed under
paragraph (1).
(b) Elements.--The strategy required under subsection (a)
shall include the following elements:
(1) Adoption and use of secure fourth generation (commonly
known as ``4G'') communications technologies and the
transition to advanced and secure 5G communications
technologies for military applications.
(2) Science, technology, research, and development efforts
to facilitate the advancement and adoption of 5G technology
and new uses of 5G systems, subsystems, and components,
including--
(A) 5G testbeds for developing military applications; and
(B) spectrum-sharing technologies and frameworks.
(3) Strengthening engagement and outreach with industry,
academia, international partners, and other departments and
agencies of the Federal Government on issues relating to 5G
technology.
(4) Defense industrial base supply chain risk, management,
and opportunities.
[[Page H5367]]
(5) Preserving the ability of the Joint Force to achieve
objectives in a contested and congested spectrum environment.
(6) Strengthening the ability of the Joint Force to conduct
full spectrum operations that enhance the military advantages
of the United States.
(7) Securing the information technology and weapon systems
of the Department against malicious activity.
(8) Such other matters as the Secretary of Defense
determines to be relevant.
(c) Consultation.--In developing the strategy and
implementation plan required under subsection (a), the
Secretary of Defense shall consult with the following:
(1) The Chief Information Officer of the Department of
Defense.
(2) The Under Secretary of Defense for Research and
Engineering.
(3) The Under Secretary of Defense for Acquisition and
Sustainment.
(4) The Under Secretary of Defense for Intelligence.
(5) Service Acquisition Executives of each military
service.
(d) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
provide to the congressional defense committees a briefing on
the progress of the Secretary in developing the strategy and
implementation plan required under subsection (a).
SEC. 234. DEPARTMENT-WIDE SOFTWARE SCIENCE AND TECHNOLOGY
STRATEGY.
(a) Designation of Senior Official.--Not later than 180
days after the date of the enactment of this Act, the
Secretary of Defense, acting through the Under Secretary of
Defense for Research and Engineering and in consultation with
the Under Secretary of Defense for Acquisition and
Sustainment, shall designate a single official or existing
entity within the Department of Defense as the official or
entity (as the case may be) with principal responsibility for
guiding the direction of research and development of next
generation software and software intensive systems for the
Department, including the research and development of--
(1) new technologies for the creation of highly secure,
reliable, and mission-critical software; and
(2) new approaches to software development, data-based
analytics, and next generation management tools.
(b) Development of Strategy.--The official or entity
designated under subsection (a) shall develop a Department-
wide strategy for the research and development of next
generation software and software intensive systems for the
Department of Defense, including strategies for--
(1) types of software innovation efforts within the science
and technology portfolio of the Department;
(2) investment in new approaches to software development,
data-based analytics, and next generation management tools;
(3) ongoing research and other support of academic,
commercial, and development community efforts to innovate the
software development, engineering, and testing process;
(4) to the extent practicable, implementing the
recommendations set forth in--
(A) the final report of the Defense Innovation Board
submitted to the congressional defense committees under
section 872 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1497); and
(B) the final report of the Defense Science Board Task
Force on the Design and Acquisition of Software for Defense
Systems described in section 868 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 10 U.S.C. 2223 note);
(5) supporting the acquisition, technology development, and
test and operational needs of the Department through the
development of capabilities, including personnel and
infrastructure, and programs in--
(A) the science and technology reinvention laboratories (as
designated under section 1105 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 10
U.S.C. 2358 note));
(B) the facilities of the Major Range and Test Facility
Base (as defined in section 2358a(f)(3) of title 10, United
States Code); and
(C) the Defense Advanced Research Projects Agency; and
(6) the transition of relevant capabilities and
technologies to information technology programs of the
Department, including software intensive tactical systems,
enterprise systems, and business systems.
(c) Submittal to Congress.--Not later than one year after
the date of the enactment of this Act, the official or entity
designated under subsection (a) shall submit to the
congressional defense committees the strategy developed under
subsection (b).
SEC. 235. ARTIFICIAL INTELLIGENCE EDUCATION STRATEGY.
(a) Strategy Required.--
(1) In general.--The Secretary of Defense shall develop a
strategy for educating service members in relevant
occupational fields on matters relating to artificial
intelligence.
(2) Elements.--The strategy developed under subsection (a)
shall include a curriculum designed to give service members a
basic knowledge of artificial intelligence. The curriculum
shall include instruction in--
(A) artificial intelligence design;
(B) software coding;
(C) potential military applications for artificial
intelligence;
(D) the impact of artificial intelligence on military
strategy and doctrine;
(E) artificial intelligence decisionmaking via machine
learning and neural networks;
(F) ethical issues relating to artificial intelligence;
(G) the potential biases of artificial intelligence;
(H) potential weakness in artificial intelligence
technology; and
(I) any other matters the Secretary of Defense determines
to be relevant.
(b) Implementation Plan.--
(1) In general.--The Secretary of Defense shall develop a
plan for implementing the strategy developed under subsection
(a).
(2) Elements.--The implementation plan required under
paragraph (1) shall identify the following:
(A) The military occupational specialties (applicable to
enlisted members and officers) that are most likely to
involve interaction with artificial intelligence technology.
(B) The specific occupational specialties that will receive
training in accordance with the curriculum described in
subsection (a)(2).
(C) The duration of the training.
(D) The context in which the training will be provided,
which may include basic training, occupationally specific
training, and professional military education.
(E) Metrics for evaluating the effectiveness of the
training and curriculum.
(F) Any other issues the Secretary of Defense determines to
be relevant.
(c) Submittal to Congress.--Not later than 270 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense
committees--
(1) the strategy developed under subsection (a); and
(2) the implementation plan developed under subsection (b).
SEC. 236. BIANNUAL REPORT ON THE JOINT ARTIFICIAL
INTELLIGENCE CENTER.
(a) Report.--Not later than 90 days after the date of the
enactment of this Act and biannually thereafter through the
end of 2023, the Secretary of Defense shall submit to the
congressional defense committees a report on the Joint
Artificial Intelligence Center (referred to in this section
as the ``Center'').
(b) Elements.--Each report under subsection (a) shall
include the following:
(1) Information relating to the mission and objectives of
the Center.
(2) A description of the National Mission Initiatives,
Component Mission Initiatives, and any other initiatives of
the Center, including a description of--
(A) the activities carried out under the initiatives;
(B) any investments made or contracts entered into under
the initiatives; and
(C) the progress of the initiatives.
(3) A description of how the Center has sought to leverage
lessons learned, share best practices, avoid duplication of
efforts, and transition artificial intelligence research
efforts into operational capabilities by--
(A) collaborating with other organizations and elements of
the Department of Defense, including the Defense Agencies and
the military departments; and
(B) deconflicting the activities of the Center with the
activities of other organizations and elements of the
Department.
(4) A description any collaboration between--
(A) the Center and the private sector and academia; and
(B) the Center and international allies and partners.
(5) The total number of military, contractor, and civilian
personnel who are employed by the Center, assigned to the
Center, and performing functions in support of the Center.
(6) A description of the organizational structure and
staffing of the Center.
(7) A detailed description of the frameworks, metrics, and
capabilities established to measure the effectiveness of the
Center and the Center's investments in the National Mission
Initiatives and Component Mission Initiatives.
(8) A description of any new policies, standards, or
guidance relating to artificial intelligence that have been
issued by the Chief Information Officer of the Department.
(c) Joint Artificial Intelligence Center Defined.--In this
section, the term ``Joint Artificial Intelligence Center''
means the Joint Artificial Intelligence Center of the
Department of Defense established pursuant to section 238 of
the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232).
SEC. 237. QUARTERLY UPDATES ON THE OPTIONALLY MANNED FIGHTING
VEHICLE PROGRAM.
(a) In General.--Beginning not later than October 1, 2019,
and on a quarterly basis thereafter through October 1, 2025,
the Assistant Secretary of the Army for Acquisition,
Logistics, and Technology, in consultation with the Commander
of the Army Futures Command, shall provide to the Committee
on Armed Services of the House of Representatives a briefing
on the progress of the Optionally Manned Fighting Vehicle
program of the Army.
(b) Elements.--Each briefing under subsection (a) shall
include, with respect to the Optionally Manned Fighting
Vehicle program, the following elements:
(1) An overview of funding for the program, including
identification of--
(A) any obligations and expenditures that have been made
under the program; and
(B) any obligations and expenditures that are planned for
the program.
(2) An overview of the program schedule.
(3) A description of each contract awarded under the
program, including a description of the type of contract and
the status of the contract.
(4) An assessment of the status of the program with respect
to--
(A) the development and approval of technical requirements;
[[Page H5368]]
(B) technological maturity;
(C) testing;
(D) delivery; and
(E) program management.
SEC. 238. GRANTS FOR CIVICS EDUCATION PROGRAMS.
(a) In General.--The Secretary of Defense shall carry out a
program under which the Secretary makes grants to eligible
entities, on a competitive basis, to support the development
and evaluation of civics education programs.
(b) Application.--To be eligible to receive a grant under
this section an eligible entity shall submit to the Secretary
of Defense an application at such time, in such manner, and
containing such information as the Secretary may require.
Applications submitted under this subsection shall be
evaluated on the basis of merit pursuant to competitive
procedures prescribed by the Secretary of Defense.
(c) Selection Criteria.--To be selected to receive a grant
under this section an eligible entity shall demonstrate each
of the following to the satisfaction of the Secretary:
(1) The civics education program proposed by the entity
will include innovative approaches for improving civics
education.
(2) The entity will dedicate sufficient resources to the
program.
(3) As part of the program, the entity will conduct
evaluations in accordance with subsection (f)(1)(B).
(4) The entity will carry out activities to disseminate the
results of the evaluations described in such subsection,
including publication of the results in peer-reviewed
academic journals.
(d) Geographic Distribution.--To the extent practicable,
the Secretary of Defense shall ensure an equitable geographic
distribution of grants under this section.
(e) Consultation.--In awarding grants under this section,
the Secretary of Defense shall consult with the Secretary of
Education.
(f) Uses of Funds.--
(1) Required uses of funds.--An eligible entity that
receives a grant under this section shall use such grant--
(A) to establish a civics education program or to improve
an existing civics education program; and
(B) to evaluate the effect of the program on participants,
including with respect to--
(i) critical thinking and media literacy;
(ii) voting and other forms of political and civic
engagement;
(iii) interest in employment, and careers, in public
service;
(iv) understanding of United States law, history, and
Government; and
(v) the ability of participants to collaborate and
compromise with others to solve problems.
(2) Allowable uses of funds.--An eligible entity that
receives a grant under this section may use such grant for--
(A) the development or modification of curricula relating
to civics education;
(B) classroom activities, thesis projects, individual or
team projects, internships, or community service activities
relating to civics;
(C) collaboration with government entities, nonprofit
organizations, or consortia of such entities and
organizations to provide participants with civics-related
experiences;
(D) civics-related faculty development programs;
(E) recruitment of educators who are highly qualified in
civics education to teach civics or to assist with the
development of curricula for civics education;
(F) presentation of seminars, workshops, and training for
the development of skills associated with civic engagement;
(G) activities that enable participants to interact with
government officials and entities;
(H) expansion of civics education programs and outreach for
members of the Armed Forces, dependents and children of such
members and employees of the Department of Defense; and
(I) opportunities for participants to obtain work
experience in fields relating to civics.
(g) Definitions.--In this section:
(1) The term ``civics education program'' means an
educational program that provides participants with--
(A) knowledge of law, government, and the rights of
citizens; and
(B) skills that enable participants to responsibly
participate in democracy.
(2) The term ``eligible entity'' means a Department of
Defense domestic dependent elementary or secondary school (as
described in section 2164 of title 10, United States Code).
SEC. 239. TECHNOLOGY AND NATIONAL SECURITY FELLOWSHIP.
(a) Fellowship Program.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, acting
through the Under Secretary of Defense for Research and
Engineering, may establish a civilian fellowship program
designed to place eligible individuals within the Department
of Defense to increase the number of national security
professionals with science, technology, engineering, and
mathematics credentials employed by the Department.
(2) Designation.--The fellowship program established under
paragraph (1) shall be known as the ``Technology and National
Security Fellowship'' (in this section referred to as the
``fellows program'').
(3) Employment.--Fellows will be assigned to a one year
tour of duty within the Department of Defense.
(4) Pay and benefits.--An individual assigned to a position
under the fellows program shall be compensated at the rate of
compensation for employees at level GS-10 of the General
Schedule, and shall be treated as an employee of the United
States during the term of assignment.
(b) Eligible Individuals.--For purposes of this section,
and subject to subsection (f)(3), an eligible individual is
any individual who--
(1) is a citizen of the United States; and
(2) either--
(A) expects to be awarded an undergraduate or graduate
degree that, as determined by the Secretary, focuses on
science, technology, engineering, or mathematics course work
not later than 180 days after the date on which the
individual submits an application for participation in the
fellows program; or
(B) possesses an undergraduate or graduate degree that, as
determined by the Secretary, focuses on science, technology,
engineering, or mathematics course work that was awarded not
earlier than one year before the date on which the individual
submits an application for participation in the fellows
program.
(c) Application Required.--Each individual seeking to
participate in the fellows program shall submit to the
Secretary an application therefor at such time and in such
manner as the Secretary shall specify.
(d) Coordination.--
(1) In general.--In carrying out this section, the
Secretary may consider coordinating or partnering with the
entities specified in paragraph (2).
(2) Entities specified.--The entities specified in this
paragraph are the following:
(A) The National Security Innovation Network.
(B) Universities affiliated with Hacking for Defense.
(f) Modifications to Fellows Program.--As the Secretary
considers necessary to modify the fellows program, and in
coordination with the entities specified in subsection
(d)(2), as the Secretary considers appropriate, the Secretary
may--
(1) determine the length of a fellowship term;
(2) establish the rate of compensation for an individual
selected to participate in the fellows program; and
(3) change the eligibility requirements for participation
in the fellows program, including who is considered an
eligible individual for purposes of the fellows program.
(g) Consultation.--The Secretary may consult with the heads
of the agencies, components, and other elements of the
Department of Defense and such institutions of higher
education and private entities engaged in work on national
security and emerging technologies as the Secretary considers
appropriate for purposes of the fellows program, including
fellowship assignments.
SEC. 240. NATIONAL SECURITY COMMISSION ON DEFENSE RESEARCH AT
HISTORICALLY BLACK COLLEGES AND UNIVERSITIES
AND OTHER MINORITY INSTITUTIONS.
(a) Establishment.--
(1) In general.--There is established in the executive
branch an independent Commission to review the state of
defense research at covered institutions.
(2) Treatment.--The Commission shall be considered an
independent establishment of the Federal Government as
defined by section 104 of title 5, United States Code, and a
temporary organization under section 3161 of such title.
(3) Designation.--The Commission established under
paragraph (1) shall be known as the ``National Security
Commission on Defense Research At Historically Black Colleges
and Universities and Other Minority Institutions''.
(4) Membership.--
(A) Composition.--The Commission shall be composed of 11
members appointed as follows:
(i) The Secretary of Defense shall appoint 2 members.
(ii) The Secretary of Education shall appoint 1 member.
(iii) The Chairman of the Committee on Armed Services of
the Senate shall appoint 1 member.
(iv) The Ranking Member of the Committee on Armed Services
of the Senate shall appoint 1 member.
(v) The Chairman of the Committee on Armed Services of the
House of Representatives shall appoint 1 member.
(vi) The Ranking Member of the Committee on Armed Services
of the House of Representatives shall appoint 1 member.
(vi) The Chairman of the Committee on Health, Education,
Labor, and Pensions of the Senate shall appoint 1 member.
(viii) The Ranking Member of the Committee on Health,
Education, Labor, and Pensions of the Senate shall appoint 1
member.
(ix) The Chairman of the Committee on Education and Labor
of the House of Representatives shall appoint 1 member.
(x) The Ranking Member of the Committee on Education and
Labor of the House of Representatives shall appoint 1 member.
(B) Deadline for appointment.--Members shall be appointed
to the Commission under subparagraph (A) not later than 90
days after the date on which the commission is established.
(C) Effect of lack of appointment by appointment date.--If
one or more appointments under subparagraph (A) is not made
by the appointment date specified in subparagraph (B), or if
a position described in subparagraph (A) is vacant for more
than 90 days, the authority to make such appointment shall
transfer to the Chair of the Commission.
(5) Chair and vice chair.--The Commission shall elect a
Chair and Vice Chair from among its members.
(6) Terms.--Members shall be appointed for the life of the
Commission. A vacancy in the Commission shall not affect its
powers and shall be filled in the same manner as the original
appointment was made.
(7) Status as federal employees.--Notwithstanding the
requirements of section 2105 of title 5, United States Code,
including the required supervision under subsection (a)(3) of
such section, the members of the Commission shall be deemed
to be Federal employees.
(b) Duties.--
[[Page H5369]]
(1) In general.--The Commission shall carry out the review
described in paragraph (2). In carrying out such review, the
Commission shall consider the methods and means necessary to
advance research capacity at covered institutions to
comprehensively address the national security and defense
needs of the United States.
(2) Scope of the review.--In conducting the review under
paragraph (1), the Commission shall consider the following:
(A) The competitiveness of covered institutions in
developing, pursuing, capturing, and executing defense
research with the Department of Defense through contracts and
grants.
(B) Means and methods for advancing the capacity of covered
institutions to conduct research related to national security
and defense.
(C) The advancements and investments necessary to elevate
covered institutions to R2 status on the Carnegie
Classification of Institutions of Higher Education, covered
institutions to R1 status on the Carnegie Classification of
Institutions of Higher Education, one covered institution or
a consortium of multiple covered institutions to the
capability of a University Affiliated Research Center, and
identify the candidate institutions for each category.
(D) The facilities and infrastructure for defense-related
research at covered institutions as compared to the
facilities and infrastructure at universities classified as
R1 status on the Carnegie Classification of Institutions of
Higher Education.
(E) Incentives to attract, recruit, and retain leading
research faculty to covered institutions.
(F) The legal and organizational structure of the
contracting entity of covered institutions as compared to the
legal and organizational structure of the contracting entity
of covered institutions at universities classified as R1
status on the Carnegie Classification of Institutions of
Higher Education.
(G) The ability of covered institutions to develop,
protect, and commercialize intellectual property created
through defense-related research.
(H) The amount of defense research funding awarded to all
colleges and universities through contracts and grants for
the fiscal years of 2010 through 2019, including--
(i) the legal mechanism under which the organization was
formed;
(ii) the total value of contracts and grants awarded to the
organization during fiscal years 2010 to 2019;
(iii) the overhead rate of the organization for fiscal year
2019;
(iv) the Carnegie Classification of Institutions of Higher
Education of the associated university or college;
(v) if the associated university or college qualifies as a
historically Black college or university or a minority
institution.
(I) Areas for improvement in the programs executed under
section 2362 of title 10, United States Code, the existing
authorization to enhance defense-related research and
education at covered institutions.
(J) Previous executive or legislative actions by the
Federal Government to address the imbalance in federal
research funding, such as the Established Program to
Stimulate Competitive Research (commonly known as
``EPSCoR'').
(K) Any other matters the Commission deems relevant to the
advancing the defense research capacity of covered
institutions.
(c) Reports.--
(1) Initial report.--Not later than 180 days after the date
of the enactment of this Act, the Commission shall submit to
the President and Congress an initial report on the findings
of the Commission and such recommendations that the
Commission may have for action by the executive branch and
Congress related to the covered institutions participating in
Department of Defense research and actions necessary to
expand their research capacity.
(2) Final report.--Prior to the date on which the
commission terminates under subsection (d), the Commission
shall submit to the President and Congress a comprehensive
report on the results of the review required under subsection
(b).
(3) Form of reports.--Reports submitted under this
subsection shall be made publically available.
(d) Termination.--The Commission shall terminate on
December 31, 2021.
(e) Covered Institution Defined.--In this section, the term
``covered institution'' means--
(1) a part B institution (as that term is defined in
section 322(2) of the Higher Education Act of 1965 (20 U.S.C.
1061(2)); or
(2) any other institution of higher education (as that term
is defined in section 101 of such Act (20 U.S.C. 1001)) at
which not less than 50 percent of the total student
enrollment consists of students from ethnic groups that are
underrepresented in the fields of science and engineering.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are here by authorized to be appropriated for fiscal
year 2020 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance, as specified in the funding table in section
4301.
Subtitle B--Energy and Environment
SEC. 311. TIMELINE FOR CLEARINGHOUSE REVIEW OF APPLICATIONS
FOR ENERGY PROJECTS THAT MAY HAVE AN ADVERSE
IMPACT ON MILITARY OPERATIONS AND READINESS.
Section 183a(c)(1) of title 10, United States Code, is
amended by striking ``60 days'' and inserting ``90 days''.
SEC. 312. AUTHORITY TO MAKE FINAL FINDING ON DESIGNATION OF
GEOGRAPHIC AREAS OF CONCERN FOR PURPOSES OF
ENERGY PROJECTS WITH ADVERSE IMPACTS ON
MILITARY OPERATIONS AND READINESS.
Section 183a(d)(2)(E) of title 10, United States Code, is
amended--
(1) by striking ``or a Principal'' and inserting ``a''; and
(2) by inserting ``, an Assistant Secretary of Defense, or
a Deputy Assistant Secretary of Defense'' after ``Deputy
Under Secretary of Defense''.
SEC. 313. AUTHORITY TO ACCEPT CONTRIBUTIONS OF FUNDS FROM
APPLICANTS FOR ENERGY PROJECTS FOR MITIGATION
OF IMPACTS ON MILITARY OPERATIONS AND
READINESS.
Section 183a(f) of title 10, United States Code, is amended
by striking ``for a project filed with the Secretary of
Transportation pursuant to section 44718 of title 49'' and
inserting ``for an energy project''.
SEC. 314. DEPARTMENT OF DEFENSE IMPROVEMENT OF PREVIOUSLY
CONVEYED UTILITY SYSTEMS SERVING MILITARY
INSTALLATIONS.
Section 2688 of title 10, United States Code, is amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following new
subsection (k):
``(k) Improvement of Conveyed Utility Systems.--In the case
of a utility system that is conveyed under this section and
that only provides utility services to a military
installation, the Secretary concerned may use amounts
authorized to be appropriated for military construction to
improve the reliability, resilience, efficiency, physical
security, or cybersecurity of the utility system.''.
SEC. 315. FIVE-YEAR AUTHORITY FOR NATIONAL GUARD
ENVIRONMENTAL RESTORATION PROJECTS FOR
ENVIRONMENTAL RESPONSES.
(a) In General.--Section 2707 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(e) Temporary Authority for National Guard Projects.--
Notwithstanding subsection (a) of this section and section
2701(c)(1) of this title, during the five-year period
beginning on the date of the enactment of this subsection,
the Secretary concerned may carry out an environmental
restoration project if the Secretary determines that the
project is necessary to carry out a response to
perfluorooctanoic acid or perfluorooctane sulfonate
contamination under this chapter or CERCLA.''.
(b) Savings Clause.--Nothing in this section, or the
amendment made by this section, shall affect any requirement
or authority under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.).
SEC. 316. SALE OF ELECTRICITY FROM ALTERNATE ENERGY AND
COGENERATION PRODUCTION FACILITIES.
Section 2916(b)(3) of title 10, United States Code, is
amended--
(1) in subparagraph (A), by striking ``and'' at the end;
and
(2) in subparagraph (B)--
(A) by striking ``shall be available'' and all that follows
and inserting ``shall be provided directly to the commander
of the military installation in which the geothermal energy
resource is located to be used for--''; and
(B) by adding at the end the following new clauses:
``(i) military construction projects described in paragraph
(2) that benefit the military installation where the
geothermal energy resource is located; or
``(ii) energy or water security projects that--
``(I) benefit the military installation where the
geothermal energy resource is located;
``(II) the commander of the military installation
determines are necessary; and
``(III) are directly coordinated with local area energy or
groundwater governing authorities.''.
SEC. 317. TRANSFER AUTHORITY FOR FUNDING OF STUDY AND
ASSESSMENT ON HEALTH IMPLICATIONS OF PER- AND
POLYFLUOROALKYL SUBSTANCES CONTAMINATION IN
DRINKING WATER BY AGENCY FOR TOXIC SUBSTANCES
AND DISEASE REGISTRY.
Section 316(a)(2)(B)(ii) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91;
131 Stat. 1350), as amended by section 315(a) of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232), is amended by striking ``2019 and
2020'' and inserting ``2019, 2020, and 2021''.
SEC. 318. REPLACEMENT OF FLUORINATED AQUEOUS FILM-FORMING
FOAM WITH FLUORINE-FREE FIRE-FIGHTING AGENT.
(a) Use of Fluorine-Free Foam at Military Installations.--
Not later than January 31, 2025, the Secretary of the Navy
shall publish a military specification for a fluorine-free
fire-fighting agent for use at all military installations to
ensure such agent is available for use by not later than
2027.
(b) Prohibition on Use.--Fluorinated aqueous film-forming
foam may not be used at any military installation on or after
September 30, 2029, or before such date, if possible.
(c) Waiver.--
(1) In general.--Subject to paragraph (2), the Secretary of
Defense may grant a waiver to the prohibition under
subsection (b) with respect to the use of fluorinated aqueous
film-forming foam at a specific military installation if the
Secretary submits to the congressional defense committees, by
not later than 30 days prior to issuing the waiver--
(A) notice of the waiver; and
[[Page H5370]]
(B) certification, in writing, that the waiver is necessary
for the protection of life and safety.
(2) Limitation.--A waiver under this subsection shall apply
for a period that does not exceed three years. The Secretary
may extend any such waiver once for an additional period that
does not exceed three years.
SEC. 319. PROHIBITION OF UNCONTROLLED RELEASE OF FLUORINATED
AQUEOUS FILM-FORMING FOAM AT MILITARY
INSTALLATIONS.
(a) Prohibition.--Except as provided by subsection (b), the
Secretary of Defense shall prohibit the uncontrolled release
of fluorinated aqueous film-forming foam (hereinafter in this
section referred to as ``AFFF'') at military installations.
(b) Exceptions.--Notwithstanding subsection (a),
fluorinated AFFF may be released at military installations as
follows:
(1) AFFF may be released for purposes of an emergency
response.
(2) A non-emergency release of AFFF may be made for the
purposes of testing of equipment or training of personnel, if
complete containment, capture, and proper disposal mechanisms
are in place to ensure no AFFF is released into the
environment.
SEC. 320. PROHIBITION ON USE OF FLUORINATED AQUEOUS FILM
FORMING FOAM FOR TRAINING EXERCISES.
The Secretary of Defense shall prohibit the use of
fluorinated aqueous film forming foam for training exercises
at military installations.
SEC. 321. REAL-TIME NOISE-MONITORING STUDY AT NAVY AND AIR
FORCE INSTALLATIONS WHERE TACTICAL FIGHTER
AIRCRAFT OPERATE.
(a) Real-Time Monitoring.--The Secretary of the Navy and
the Secretary of the Air Force shall each conduct a real-time
noise-monitoring study at no fewer than three Navy
installations and three Air Force installations. In
conducting such study, the Secretaries shall--
(1) select installations where tactical fighter aircraft
operate and noise contours have been developed through noise
modeling to validate the noise contours developed through
analysis and modeling at those installations; and
(2) ensure that such monitoring is conducted during times
of high, medium, and low activity.
(b) Report Required.--Not later than December 1, 2020, the
Secretary of the Navy and the Secretary of the Air Force
shall jointly submit to the Committees on Armed Services of
the Senate and House of Representatives a report on the real-
time noise monitoring required under subsection (a). Such
report shall include--
(1) the results of such monitoring;
(2) a comparison of such monitoring and the noise contours
previously developed with the analysis and modeling methods
previously used;
(3) an overview of any changes to the analysis and modeling
process that have been made or are being considered as a
result of the findings of such monitoring; and
(4) any other matters that the Secretaries determine
appropriate.
SEC. 322. DEVELOPMENT OF CLIMATE VULNERABILITY AND RISK
ASSESSMENT TOOL.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
develop a climate vulnerability and risk assessment tool to
assist the military departments in measuring how the risks
associated with climate change impact networks, systems,
installations, facilities, and other assets, as well as the
operational plans and capabilities of the Department of
Defense.
(b) Consultation.--In developing the tool under subsection
(a), the Secretary shall consult with the Administrator of
the Environmental Protection Agency, the Secretary of Energy,
the Secretary of the Interior, the Administrator of the
National Oceanic and Atmospheric Administration, the
Administrator of the Federal Emergency Management Agency, the
Commander of the Army Corps of Engineers, the Administrator
of the National Aeronautics and Space Administration, a
federally funded research and development center, and the
heads of such other relevant Federal agencies as the
Secretary of Defense determines appropriate.
(c) Prevailing Scientific Consensus.--Before completing
development of the tool under subsection (a), the Secretary
shall obtain from a federally funded research and development
center with which the Secretary has consulted under
subsection (b) a certification in writing that the tool
contains a methodology that adequately incorporates the
prevailing scientific consensus on climate change.
(d) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report describing the tool
developed under subsection (a).
(2) Classified annex.--The report under paragraph (1) shall
be submitted in unclassified form but may contain a
classified annex if necessary.
(3) Publication.--Upon submittal of the report under
paragraph (1), the Secretary shall publish the unclassified
portion of the report on an internet website of the
Department that is available to the public.
(e) Updates to Tool.--
(1) In general.--After submittal of the report under
subsection (d), the Secretary of Defense shall update the
climate vulnerability and risk assessment tool developed
under subsection (a) as the Secretary considers necessary and
appropriate, in consultation with the individuals and
entities described in subsection (b) and consistent with the
prevailing scientific consensus as required under subsection
(c).
(2) Report and publication.--Upon completing an update to
the tool under paragraph (1), the Secretary shall--
(A) submit to the congressional defense committees a report
describing such update; and
(B) publish the unclassified version of such report on an
internet website of the Department that is available to the
public.
SEC. 323. PROVISION OF UNCONTAMINATED WATER FOR AGRICULTURAL
USE ON LAND CONTAMINATED BY PFOS AND PFOA USED
ON MILITARY INSTALLATIONS.
(a) Findings.--Congress makes the following findings:
(1) Perfluorooctanesulfonic acid (in this section referred
to as ``PFOS'') and perfluorooctanoic acid (in this section
referred to as ``PFOA'') are part of a class of man-made
chemicals that have been used in a variety of industrial and
consumer products to make the products resist heat, stains,
water, and grease. Because PFOS and PFOA extinguish petroleum
fires quickly, the Department of Defense and commercial
airports began using aqueous film forming foam containing
PFOS and PFOA in the 1970s.
(2) PFOS and PFOA can accumulate and stay in the body for
long periods of time. Exposure to PFOS and PFOA may cause
health problems, including issues with the reproductive
system, liver and kidney damage, developmental issues in
children, and negatively impacted immune system, and cancer.
(3) A common method of human exposure to PFOS and PFOA is
by consuming contaminated drinking water.
(4) The Environmental Protection Agency issued lifetime
health advisories under the Safe Drinking Water Act for
individual or combined PFOS and PFOA concentrations at 70
parts per trillion in 2016, but has not yet issued any
guidance or regulation for groundwater or agricultural water.
(5) The Department of Defense has provided mitigations in
many communities where drinking water has tested at or above
the lifetime health advisory level, including bottled water
and drinking water filtration systems. Due to the lack of
regulatory guidance, these mitigations have not been mirrored
in agricultural water systems.
(6) As a result, farmers located adjacent to military
installations with PFOS and PFOA contamination that has
migrated off-installation are potentially impacted, and in at
least one case, such contamination has had a serious impact
on the livelihood of a dairy farmer.
(b) Authority to Provide Uncontaminated Water for
Agricultural Purposes.--
(1) In general.--If an area has been identified under
paragraph (2), and a military installation has been
determined to be the source of that contamination, the
Secretary of Defense or the Secretary concerned may provide,
for the purpose of producing agricultural products destined
for human consumption--
(A) water sources uncontaminated with perfluoroalkyl and
polyfluoroalkyl substances, including PFOA and PFOS, or
(B) treatment of contaminated waters.
(2) Identification of areas.--An area identified under this
paragraph is an area for which the level of PFOA or PFOS
contamination--
(A) is above the lifetime health advisory for contamination
for such compounds as issued by the Environmental Protection
Agency and printed in the Federal Register on May 25, 2016;
(B) is at or above a regulatory standard set by the Food
and Drug Administration for PFOA and PFOS in raw agricultural
commodities and milk; or
(C) is at or above a duly promulgated, non-discriminatory
standard promulgated by a State regulatory entity for PFOA
and PFOS in raw agricultural commodities and milk.
(3) Source of funds.--Amounts used to carry out this
section shall be derived--
(A) in the case of amounts made available by the Secretary
concerned, from amounts authorized to be appropriated for
Operation and Maintenance for the military department
concerned; or
(B) in the case of amounts made available by the Secretary
of Defense, from amounts authorized to be appropriated for
Operation and Maintenance, Defense-wide.
(c) Sense of Congress Regarding Land Acquisition.--It is
the sense of Congress that the Secretary concerned should
explore authorities under which the Secretary could acquire
land the land adjacent to military installations where the
owners of the land have experienced impacts to their
livelihood due to PFOS and PFOA contamination that has been
verified to have been caused by that installation, including
the authorities under sections 2663, 2864a, and 2869 of title
10, United States Code.
Subtitle C--Logistics and Sustainment
SEC. 331. MATERIAL READINESS METRICS AND OBJECTIVES.
(a) Material Readiness Metrics and Objectives.--
(1) In general.--Chapter 2 of title 10, United States Code,
is amended by inserting after section 117 the following new
section:
``Sec. 118. Material readiness metrics and objectives
``(a) Guidance.--(1) The Secretary of Defense shall issue
and maintain guidance requiring the implementation and use of
material readiness metrics to enable assessment of the
readiness of armed forces to carry out the national defense
strategy required by section 113 of this title.
``(2) Guidance issued pursuant to this section shall ensure
that such material readiness metrics--
``(A) are based on standardized and consistent criteria;
and
``(B) are applied, used, recorded, and reported in same
manner by all components of the Department of Defense.
``(b) Metrics.--At a minimum, the material readiness
metrics required by subsection (a) shall address the material
availability, operational availability, and material
reliability of
[[Page H5371]]
each major weapon system by designated mission design series,
variant, or class.
``(c) Material Readiness Objectives.--(1) The Secretary of
Defense shall establish, and annually review and revise, an
objective value for each metric required by subsection (b) as
a necessary component to support the review and revision of
the national defense strategy required by section 113 of this
title.
``(2) To the maximum extent practicable, the Secretary
shall ensure that objective values established under this
subsection are unclassified.
``(d) Definitions.--In this section:
``(1) The term `major weapons system' has the meaning given
the term `major system' under section 2302(5) of this title,
except that such term does not include an acquisition program
for a defense business system (as defined in section
2222(i)(1) of this title).
``(2) The term `material availability' means the measure of
the percentage of the total inventory of a system that is
operationally capable of performing an assigned mission.
``(3) The term `material reliability' means the probability
that a covered asset will perform without failure over a
specified interval.
``(4) The term `operational availability' means the measure
of the percentage of time a covered asset is operationally
capable.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 117 the following new item:
``118. Material readiness metrics and objectives.''.
(b) Conforming Amendment.--Section 2337(b)(2)(A) of title
10, United States Code, is amended--
(1) by inserting ``to meet the material readiness
objectives'' before ``for the weapon system''; and
(2) by inserting ``under section 118 of this title'' after
``weapon system''.
(c) Deadlines.--
(1) Deadline for guidance.--The guidance required by
section 118(a) of title 10, United States Code, as added by
subsection (a), shall be issued by not later than 180 days
after the date of the enactment of this Act.
(2) Deadline for establishment of material readiness
objectives.--The material readiness objectives required by
section 118(c)(1) of title 10, United States Code, as added
by subsection (a), shall be established by not later than one
year after the date of the enactment of this Act.
SEC. 332. CLARIFICATION OF AUTHORITY REGARDING USE OF WORKING
CAPITAL FUNDS FOR UNSPECIFIED MINOR MILITARY
CONSTRUCTION PROJECTS RELATED TO REVITALIZATION
AND RECAPITALIZATION OF DEFENSE INDUSTRIAL BASE
FACILITIES.
Section 2208(u) of title 10, United States Code, is
amended--
(1) in paragraph (1), by striking ``carry out'' and
inserting ``fund'';
(2) in paragraph (2)--
(A) by striking ``Section 2805'' and inserting ``(A) Except
as provided in subparagraph (B), section 2805'';
(B) by striking ``carried out with'' and inserting ``funded
using''; and
(C) by adding at the end the following new subparagraph:
``(B) For purposes of applying subparagraph (A), the dollar
limitation specified in subsection (a)(2) of section 2805 of
this title, subject to adjustment as provided in subsection
(f) of such section, shall apply rather than the dollar
limitation specified in subsection (c) of such section.'';
and
(3) in paragraph (4), by striking ``carry out'' and
inserting ``fund''.
SEC. 333. F-35 JOINT STRIKE FIGHTER SUSTAINMENT.
(a) Limitation on Use of Funds.--Of the amounts authorized
to be appropriated or otherwise made available in this Act
for the Office of the Under Secretary of Defense for
Acquisition and Sustainment for fiscal year 2020, not more
than 75 percent may be obligated or expended until the date
on which the Under Secretary submits the report required by
subsection (b).
(b) Report Required.--The Under Secretary of Defense for
Acquisition and Sustainment shall submit to the Committees on
Armed Services of the Senate and House of Representatives a
report on steps being taken to improve the availability and
accountability of F-35 parts within the supply chain. At a
minimum, the report shall include a detailed plan for each of
the following elements:
(1) How the accountable property system of record will be
updated with information from the prime contractors supplying
such parts on required cost and related data with respect to
the parts and how the F-35 Program Office will ensure such
contractors are adhering to contractual requirements for the
management, reporting, visibility, and accountability of all
such parts supplied by the prime contractors.
(2) How the accountability property system of record will
have interfaces that allow the F-35 Program Office and other
authorized entities to have proper accountability of assets
in accordance with applicable Department of Defense
Instructions, Department of Defense Manuals, and other
applicable regulations.
(3) How the F-35 Program Office and the Secretary of each
of the military departments will ensure business rules for
the prioritization of F-35 parts across all program
participants is sufficient, effective, and responsive.
(4) Steps being taken to ensure parts within the base,
afloat, and deployment spares packages are compatible for
deploying F-35 aircraft and account for updated parts demand.
SEC. 334. REPORT ON STRATEGIC POLICY FOR PREPOSITIONED
MATERIEL AND EQUIPMENT.
(a) Report Required.--Not later than March 1, 2020, the
Assistant Secretary of Defense for Sustainment, in
coordination with the Joint Staff, shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on the implementation plan for
prepositioned materiel and equipment required by section
321(b) of the National Defense Authorization Act for Fiscal
Year 2014 (Public Law 113-66; 127 Stat. 730; 10 U.S.C. 2229
note). Such report shall include each of the following:
(1) A comprehensive list of the prepositioned materiel and
equipment programs of the Department of Defense.
(2) A detailed description of how the plan will be
implemented.
(3) A description of the resources required to implement
the plan, including the amount of funds and personnel.
(4) A description of how the plan will be reviewed and
assessed to monitor progress.
(5) Guidance on applying a consistent definition of
prepositioning across the Department, including the military
departments, the combatant commands, and the Defense
Agencies.
(6) A detailed description of how the Secretary will
implement a joint oversight approach of the prepositioning
programs of the military departments.
(b) Limitation on Use of Funds.--Of the amounts authorized
to be appropriated or otherwise made available in this Act
for the Office of the Assistant Secretary of Defense for
Sustainment for fiscal year 2020, not more than 75 percent
may be obligated or expended until the date on which the
Assistant Secretary submits the report required by subsection
(a).
SEC. 335. LIMITATION ON USE OF FUNDS FOR IMPLEMENTATION OF
ELEMENTS OF MASTER PLAN FOR REDEVELOPMENT OF
FORMER SHIP REPAIR FACILITY IN GUAM.
(a) Limitation.--Except as provided in subsection (b), none
of the funds authorized to be appropriated by this Act or
otherwise made available for the Navy for fiscal year 2020
may be obligated or expended for any construction,
alteration, repair, or development of the real property
consisting of the Former Ship Repair Facility in Guam.
(b) Exception.--The limitation under subsection (a) does
not apply to any project that directly supports depot-level
ship maintenance capabilities, including the mooring of a
floating dry dock.
(c) Former Ship Repair Facility in Guam.--In this section,
the term ``Former Ship Repair Facility in Guam'' means the
property identified by that name under the base realignment
and closure authority carried out under the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note).
Subtitle D--Reports
SEC. 341. READINESS REPORTING.
(a) Readiness Reporting System.--Section 117 of title 10,
United State Code, is amended--
(1) by striking subsections (d) through (g); and
(2) by redesignating subsection (h) as subsection (d).
(b) Quarterly Reports.--Section 482 of title 10, United
States Code, is amended--
(1) in the section heading, by striking ``Quarterly
reports: personnel and unit readiness'' and inserting
``Readiness reports'';
(2) in subsection (a)--
(A) In the subsection heading, by striking `` Quarterly
Reports Required'' and inserting ``Reports and Briefings'';
(B) In the first sentence--
(i) by striking ``Not later'' and inserting ``(1) Not
later''; and
(ii) by striking ``each calendar-year quarter'' and
inserting ``the second and fourth quarter of each calendar
year'';
(C) by striking the second and third sentences and
inserting ``The Secretary of Defense shall submit each such
report in writing and shall also submit a copy of each such
report to the Chairman of the Joint Chiefs of Staff.''; and
(D) by adding at the end the following new paragraphs:
``(2) Not later than 30 days after the end of the first and
third quarter of each calendar year, the Secretary of Defense
shall provide to Congress a briefing regarding the military
readiness of the active and reserve components.
``(3) Each report under this subsection shall contain the
elements required by subsection (b) for the quarter covered
by the report, and each briefing shall address any changes to
the elements described in subsection (b) since the submittal
of the most recently submitted report.'';
(3) by striking subsection (b) and inserting the following:
``(b) Required Elements.--The elements described in this
subsection are each of the following:
``(1) A description of each readiness problem or deficiency
that affects the ground, sea, air, space, cyber, or special
operations forces, and any other area determined appropriate
by the Secretary of Defense.
``(2) The key contributing factors, indicators, and other
relevant information related to each identified problem or
deficiency.
``(3) The short-term mitigation strategy the Department
will employ to address each readiness problem or deficiency
until a resolution is in place, as well as the timeline,
cost, and any legislative remedies required to support the
resolution.
``(4) A summary of combat readiness ratings for the key
force elements assessed, including specific information on
personnel, supply, equipment, and training problems or
deficiencies that affect the combat readiness ratings for
each force element.
``(5) A summary of each upgrade or downgrade of the combat
readiness of a unit that was issued by the commander of the
unit, together
[[Page H5372]]
with the rationale of the commander for the issuance of such
upgrade or downgrade.
``(6) A summary of the readiness of supporting
capabilities, including infrastructure, prepositioned
equipment and supplies, and mobility assets, and other
supporting logistics capabilities.
``(7) A summary of the readiness of the combat support and
related agencies, any readiness problem or deficiency
affecting any mission essential tasks of any such agency, and
actions recommended to address any such problem or
deficiency.
``(8) A list of all Class A, Class B, and Class C mishaps
that occurred in operations related to combat support and
training events involving aviation, ground, or naval
platforms, weapons, space, or Government vehicles, as defined
by Department of Defense Instruction 6055.07, or a successor
instruction.
``(9) Information on the extent to which units of the armed
forces have removed serviceable parts, supplies, or equipment
from one vehicle, vessel, or aircraft in order to render a
different vehicle, vessel, or aircraft operational.
``(10) Such other information as determined necessary or
appropriate by the Secretary of Defense.'';
(4) by striking subsections (d) through (h) and subsection
(j);
(5) by redesignating subsection (i) as subsection (e); and
(6) by inserting after subsection (c) the following new
subsections (d):
``(d) Semi-Annual Joint Force Readiness Review.--(1) Not
later than 30 days after the last day of the first and third
quarter of each calendar year, the Chairman of the Joint
Chiefs of Staff shall submit to Congress a written report on
the capability of the armed forces, the combat support and
related agencies, operational contract support, and the
geographic and functional combatant commands to execute their
wartime missions based upon their posture and readiness as of
the time the review is conducted.
``(2) The Chairman shall produce the report required under
this subsection using information derived from the quarterly
reports required by subsection (a).
``(3) Each report required by this subsection shall include
an assessment by each commander of a geographic or functional
combatant command of the readiness of the command to conduct
operations in a multidomain battle that integrates ground,
sea, air, space, cyber, and special operations forces.
``(4) The Chairman shall submit to the Secretary of Defense
a copy of each report under this subsection.''.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 23 of such title is amended by striking
the item relating to section 482 and inserting the following
new item:
``482. Readiness reports.''.
SEC. 342. EXTENSION OF DEADLINE FOR TRANSITION FROM SERVICE-
SPECIFIC DEFENSE READINESS REPORTING SYSTEMS.
Section 358(c) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
is amended by striking ``October 1, 2019'' and inserting
``October 1, 2020''.
SEC. 343. REPORT ON NAVY SHIP DEPOT MAINTENANCE BUDGET.
(a) In General.--Not later than March 1 of each of 2020,
2021, and 2022, the Secretary of the Navy shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the Operation and Maintenance
Ship Depot Maintenance budget sub-activity group.
(b) Elements.--The report required under subsection (a)
shall include each of the following elements:
(1) A breakdown of funding, categorized by class of ship,
requested for ship and submarine maintenance.
(2) A description of how the requested funding, categorized
by class of ship, compares to the identified ship maintenance
requirement.
(3) The amount of funds appropriated for each class of ship
for the preceding fiscal year.
(4) The amount of funds obligated and expended for each
class of ship for each of the three preceding fiscal years.
(5) The cost, categorized by class of ship, of unplanned
growth work for each of the three preceding fiscal years.
SEC. 344. REPORT ON RUNIT DOME.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Energy,
in coordination with the Administrator of the Environmental
Protection Agency and Secretary of Defense, shall submit to
the Committee on Energy and Commerce, the Committee on
Natural Resources, and the Committee on Armed Services of the
House of Representatives and the Committee on Armed Services
and the Committee on Energy and Natural Resources of the
Senate a report on the status of the Runit Dome in the
Marshal Islands.
(b) Matters for Inclusion.--The report required by
subsection (a) shall include each of the following:
(1) A detailed plan to remove the radioactive materials in
the dome to a safer and more stable location, including a
predicted timeline and associated costs.
(2) A detailed plan to repair the dome to ensure that it
does not have any harmful effects to the local population,
environment, or wildlife, including the projected costs of
implementing such plan.
(3) The effects on the environment that the dome has
currently and is projected to have in 5 years, 10 years, and
20 years.
(4) An assessment on the safety of food gathered from local
food sources.
(5) An assessment of the current condition of the outer
constructs of the dome.
(6) An assessment of the current and long-term safety to
local humans posed by the site.
(7) How climate change and rising sea levels are predicted
to affect the dome, including a description of projected
scenarios if the dome becomes partially or fully submerged by
ocean water.
(8) A summary of interactions between the Government of the
United States and the government of the Marshall Islands
about the dome.
(9) A detailed description of the physical health effects
on Pacific Islanders, including residents of Hawaii, Fuji,
and Samoa, of nuclear testing conducted at Runit Dome.
(10) A detailed description of the pre- and post-nuclear
test communications between the United States and the
governments of the territories and nations of the Pacific
Islands, including Hawaii, Fuji, and Samoa.
(c) Form of Report.--The report required by subsection (a)
shall be submitted in unclassified form and made publicly
available.
Subtitle E--Other Matters
SEC. 351. INCLUSION OF OVER-THE-HORIZON RADARS IN EARLY
OUTREACH PROCEDURES.
Section 183a(c)(6) of title 10, United States Code, is
amended by striking ``or airport surveillance radar'' and
inserting ``, airport surveillance radar, or wide area
surveillance over-the-horizon radar''.
SEC. 352. EXTENSION OF AUTHORITY FOR SECRETARY OF DEFENSE TO
USE DEPARTMENT OF DEFENSE REIMBURSEMENT RATE
FOR TRANSPORTATION SERVICES PROVIDED TO CERTAIN
NON-DEPARTMENT OF DEFENSE ENTITIES.
Section 2642(b) of title 10, United States Code, is amended
by striking ``October 1, 2019'' and inserting ``October 1,
2024''.
SEC. 353. EXPANDED TRANSFER AND ADOPTION OF MILITARY ANIMALS.
Section 2583 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the subsection heading, by inserting ``Transfer or''
before ``Adoption''; and
(B) by striking ``adoption'' each place it appears and
inserting ``transfer or adoption'';
(2) in subsection (b)--
(A) in the subsection heading, by inserting ``Transfer or''
before ``Adoption'';
(B) in the first sentence, by striking ``adoption'' and
inserting ``transfer or adoption''; and
(C) in the second sentence, by striking ``adoptability''
and inserting ``transferability or adoptability'';
(3) in subsection (c)(1)--
(A) in the matter preceding subparagraph (A), by inserting
``transfer or'' before ``adoption'';
(B) in subparagraphs (A) and (B), by inserting ``adoption''
before ``by'';
(C) in subparagraph (B), by inserting ``or organizations''
after ``persons''; and
(D) in subparagraph (C), by striking ``by'' and inserting
``transfer to'';
(4) in subsection (e)--
(A) in the subsection heading, by inserting ``or Adopted''
after ``Transferred'';
(B) in paragraphs (1) and (2), by striking ``transferred''
each place it appears and inserting ``transferred or
adopted''; and
(C) in paragraph (2), by striking ``transfer'' each place
it appears and inserting ``transfer or adoption'';
(5) in subsection (f)--
(A) in the subsection heading, by striking ``Transfer of
Retired'' and inserting ``Transportation of Retiring''; and
(B) in paragraph (1), by striking ``transfer'' and
inserting ``transport'';
(6) in subsection (g)(3), by striking ``adoption of
military working dogs'' and all that follows through the
period at the end and inserting ``transfer of military
working dogs to law enforcement agencies before the end of
the dogs' useful working lives.''; and
(7) in subsection (h)(2), by striking ``A horse'' and
inserting ``An equid (horse, mule, or donkey)''.
SEC. 354. EXTENSION OF AUTHORITY OF SECRETARY OF
TRANSPORTATION TO ISSUE NON-PREMIUM AVIATION
INSURANCE.
Section 44310(b) of title 49, United States Code, is
amended by striking ``December 31, 2019'' and inserting
``September 30, 2023''.
SEC. 355. DEFENSE PERSONAL PROPERTY PROGRAM.
(a) Advisory Group.--
(1) Establishment.--There is established an advisory group
on the defense personal property program, to be known as the
``Global Household Relocation Services Advisory Committee''.
(2) Membership.--The advisory group shall be comprised of
15 members appointed from among individuals who represent
appropriate entities as follows:
(A) One member representing United States Transportation
Command appointed by the Commander of United States
Transportation Command.
(B) A flag or general officer of the Armed Forces
representing each of the Army, Navy, Air Force, Marine Corps,
and Coast Guard appointed by the Vice Chief of Staff of the
Army, Vice Chief of Naval Operations, Vice Chief of Staff of
the Air Force, the Assistant Commandant of the Marine Corps,
and Vice Commandant of the Coast Guard, respectively.
(C) Four members representing appropriate transportation
service providers, including two small business concerns,
appointed by the Assistant Secretary of Defense for
Sustainment.
(D) Five members representing consumer representatives who
are members of the Armed Forces or spouses of members of the
Armed Forces, one of whom is appointed by the senior non-
commissioned officer of each of the Army, Navy, Air Force,
Marine Corps, and Coast Guard.
[[Page H5373]]
(3) Meetings.--The advisory group shall convene regularly
to provide to the Secretary of Defense feedback on the
execution of, and any recommended changes to, the global
household goods contract.
(4) Reports.--
(A) Quarterly reports.--Not later than 30 days after the
last day of a fiscal quarter, the advisory group shall submit
to the congressional defense committees a report on the
activities and recommendations of the advisory group during
such fiscal quarter.
(B) Termination of report requirement.--The requirement to
submit a report under subparagraph (A) shall terminate on the
termination date specified under paragraph (5)(A).
(5) Termination.--The advisory group shall terminate on the
date that is five years after the date of the enactment of
this Act.
(b) Business Case Analysis.--Not later than 60 days after
the date of the enactment of this Act, the Commander of
United States Transportation Command shall prepare a business
case analysis for the proposed award of a global household
goods contract for the defense personal property program.
(c) Limitation.--None of the funds authorized to be
appropriated in this Act for fiscal year 2020 shall be
available to enter into a global household goods contract
until the date that is 30 days after the date on which the
Commander of United States Transportation Command provides to
the congressional defense committees a briefing on--
(1) the business case analysis required by subsection (b);
and
(2) the proposed structure and meeting schedule for the
advisory group established under subsection (a).
(d) Definitions.--In this section:
(1) The term ``global household goods contract'' means the
solicitation managed by United States Transportation Command
to engage a private entity to manage the defense personal
property program.
(2) The term ``defense personal property program'' means
the Department of Defense program used to manage the shipment
of the baggage and household effects of members of the Armed
Forces under section 476 of title 37, United States Code.
SEC. 356. PUBLIC EVENTS ABOUT RED HILL BULK FUEL STORAGE
FACILITY.
(a) Requirement.--At least once every calendar quarter, the
Secretary of the Navy, or the designee of the Secretary,
shall hold an event that is open to the public at which the
Secretary shall provide up-to-date information about the Red
Hill Bulk Fuel Storage Facility.
(b) Termination.--The requirement to hold events under
subsection (a) shall terminate on the earlier of the
following dates:
(1) September 30, 2025.
(2) The date on which the Red Hill Bulk Fuel Storage
Facility ceases operation.
SEC. 357. SENSE OF CONGRESS REGARDING INNOVATIVE READINESS
TRAINING PROGRAM.
It is the sense of Congress that--
(1) the Innovative Readiness Training program is an
effective training program for members of the Armed Forces
and is highly beneficial to civilian-military relationships
with local American communities;
(2) due to the geographic complexities and realities of
non-contiguous States and territories, Innovative Readiness
Training has lent greater benefit to such States and
territories while providing unique and realistic training
opportunities and deployment readiness for members of the
Armed Forces;
(3) the Department of Defense should pursue continued
Innovative Readiness Training opportunities, and, where
applicable, strongly encourage the use of Innovative
Readiness Training in non-contiguous States and territories;
and
(4) in considering whether to recommend a project, the
Secretary should consider the benefits of the project to the
economy of a region damaged by natural disasters.
SEC. 358. PILOT PROGRAM ON REDUCTION OF EFFECTS OF MILITARY
AVIATION NOISE ON PRIVATE RESIDENCES.
(a) In General.--The Secretary of Defense shall carry out a
five-year pilot program under which the commander of a
military installation may provide funds for the purpose of
installing noise insulation on private residences impacted by
military aviation noise from the installation.
(b) Eligibility.--To be eligible to receive funds under the
pilot program, a recipient shall enter into an agreement with
the commander to--
(1) provide at least 50 percent of the funds required to
carry out the noise insulation; and
(2) ensure that the noise at any private residence where
insulation is installed is reduced by at least 5 dB.
(c) Use of Funds.--Funds provided under the pilot program
shall be used for the installation of noise insulation at a
residence--
(1) located within a Department of Defense noise contour
between 65 dB day-night average sound level and 75 dB day-
night average sound level as validated on a National
Environmental Policy Act-compliant assessment within the past
three years; and
(2) where interior noise has been measured at 45 dB day-
night average sound level by the installation.
(d) Goals and Best Practices.--In carrying out the pilot
program under this section, a commander shall use the
following goals and best practices:
(1) Minimize cost in order to maximize number of homes
served.
(2) Focus efforts on residences newly impacted by increased
noise levels.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty
personnel as of September 30, 2020, as follows:
(1) The Army, 480,000.
(2) The Navy, 340,500.
(3) The Marine Corps, 186,200.
(4) The Air Force, 332,800.
SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END STRENGTH
MINIMUM LEVELS.
Section 691(b) of title 10, United States Code, is amended
by striking paragraphs (1) through (4) and inserting the
following new paragraphs:
``(1) For the Army, 480,000.
``(2) For the Navy, 340,500.
``(3) For the Marine Corps, 186,200.
``(4) For the Air Force, 332,800.''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as
of September 30, 2020, as follows:
(1) The Army National Guard of the United States, 336,000.
(2) The Army Reserve, 189,500.
(3) The Navy Reserve, 59,000.
(4) The Marine Corps Reserve, 38,500.
(5) The Air National Guard of the United States, 107,700.
(6) The Air Force Reserve, 70,100.
(7) The Coast Guard Reserve, 7,000.
(b) End Strength Reductions.--The end strengths prescribed
by subsection (a) for the Selected Reserve of any reserve
component shall be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component
which are on active duty (other than for training) at the end
of the fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual
members of the Selected Reserve of any reserve component are
released from active duty during any fiscal year, the end
strength prescribed for such fiscal year for the Selected
Reserve of such reserve component shall be increased
proportionately by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2020, the following number of Reserves to be
serving on full-time active duty or full-time duty, in the
case of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 30,595.
(2) The Army Reserve, 16,511.
(3) The Navy Reserve, 10,155.
(4) The Marine Corps Reserve, 2,386.
(5) The Air National Guard of the United States, 22,637.
(6) The Air Force Reserve, 4,431.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).
The minimum number of military technicians (dual status) as
of the last day of fiscal year 2020 for the reserve
components of the Army and the Air Force (notwithstanding
section 129 of title 10, United States Code) shall be the
following:
(1) For the Army National Guard of the United States,
22,294.
(2) For the Army Reserve, 6,492.
(3) For the Air National Guard of the United States,
13,573.
(4) For the Air Force Reserve, 8,848.
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO
BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2020, the maximum number of members of
the reserve components of the Armed Forces who may be serving
at any time on full-time operational support duty under
section 115(b) of title 10, United States Code, is the
following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal year 2020 for the
use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise
provided for, for military personnel, as specified in the
funding table in section 4401.
(b) Construction of Authorization.--The authorization of
appropriations in the subsection (a) supersedes any other
authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 2020.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. MANAGEMENT POLICIES FOR JOINT QUALIFIED OFFICERS.
Section 661(d)(3)(B) of title 10, United States Code, is
amended in the third sentence by inserting ``or a designee of
the Chairman who is
[[Page H5374]]
an officer of the armed forces in grade O-8 or higher''
before the period.
SEC. 502. GRADE OF CHIEF OF THE VETERINARY CORPS OF THE ARMY.
Section 7084 of title 10, United States Code, is amended by
adding at the end the following: ``An officer appointed to
that position who holds a lower grade shall be appointed in
the grade of brigadier general.''
SEC. 503. AUTHORITY OF PROMOTION BOARDS TO RECOMMEND THAT
OFFICERS OF PARTICULAR MERIT BE PLACED HIGHER
ON PROMOTION LIST.
(a) In General.--Section 14108 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(f) Higher Placement of Officers of Particular Merit on
Promotion List.--(1) In selecting officers to be recommended
for promotion, a promotion board may, when authorized by the
Secretary concerned, recommend that officers of particular
merit, from among those officers selected for promotion, be
placed higher on the promotion list established by the
Secretary under section 14308(a) of this title.
``(2) A promotion board may make a recommendation under
paragraph (1) only if an officer receives the recommendation
of--
``(A) a majority of the members of the promotion board; or
``(B) an alternative requirement established by the
Secretary concerned and furnished to the promotion board as
part of the guidelines under section 14107 of this title.
``(3) For officers who receive recommendations under
paragraph (1), the board shall recommend the order in which
those officers should be placed on the promotion list.''.
(b) Reports Regarding Recommendations That Officers of
Particular Merit Be Placed Higher on Promotion List.--Section
14109 of such title is amended by adding at the end the
following new subsection:
``(d) Report of Officers Recommended for Higher Placement
on Promotion List.--A promotion board convened under section
14101(a) of this title shall, when authorized under section
14108(f) of this title, include in its report to the
Secretary concerned--
``(1) the names of those officers the promotion board
recommends be placed higher on the promotion list; and
``(2) the order in which the promotion board recommends
those officers should be placed on the promotion list.''.
(c) Officers of Particular Merit Appearing Higher on
Promotion List.--Section 14308(a) of such title is amended in
the first sentence by inserting ``or based on particular
merit, as determined by the promotion board'' before the
period.
SEC. 504. AVAILABILITY ON THE INTERNET OF CERTAIN INFORMATION
ABOUT OFFICERS SERVING IN GENERAL OR FLAG
OFFICER GRADES.
(a) Availability Required.--
(1) In general.--The Secretary of each military department
shall make available on an internet website of such
department available to the public information specified in
paragraph (2) on each officer in a general or flag officer
grade under the jurisdiction of such Secretary, including any
such officer on the reserve active-status list.
(2) Information.--The information on an officer specified
by this paragraph to be made available pursuant to paragraph
(1) is the information as follows:
(A) The officer's name.
(B) The officer's current grade, duty position, command or
organization, and location of assignment.
(C) A summary list of the officer's past duty assignments
while serving in a general or flag officer grade.
(b) Additional Public Notice on Certain Officers.--Whenever
an officer in a grade of O-7 or above is assigned to a new
billet or reassigned from a current billet, the Secretary of
the military department having jurisdiction of such officer
shall make available on an internet website of such
department available to the public a notice of such
assignment or reassignment.
(c) Limitation on Withholding of Certain Information or
Notice.--
(1) Limitation.--The Secretary of a military department may
not withhold the information or notice specified in
subsections (a) and (b) from public availability pursuant to
subsection (a), unless and until the Secretary notifies the
Committees on Armed Services of the Senate and House of
Representatives in writing of the information or notice that
will be so withheld, together with justification for
withholding the information or notice from public
availability.
(2) Limited duration of withholding.--The Secretary
concerned may withhold from the public under paragraph (1)
information or notice on an officer only on the basis of
individual risk or national security, and may continue to
withhold such information or notice only for so long as the
basis for withholding remains in force.
Subtitle B--Reserve Component Management
SEC. 511. GRADE OF CERTAIN CHIEFS OF RESERVE COMPONENTS.
(a) In General.--
(1) Chief of army reserve.--Section 7038(b)(1) of title 10,
United States Code, is amended by striking ``general officers
of the Army Reserve'' and inserting ``officers of the Army
Reserve in the grade of lieutenant general and''.
(2) Chief of navy reserve.--Section 8083(b)(1) of such
title is amended by striking ``flag officers of the Navy (as
defined in section 8001(1))'' and inserting ``officers of the
Navy Reserve in the grade of vice admiral and''.
(3) Commander, marine forces reserve.--Section 8084(b)(1)
of such title is amended by striking ``general officers of
the Marine Corps (as defined in section 8001(2))'' and
inserting ``officers of the Marine Corps Reserve in the grade
of lieutenant general and''.
(4) Chief of air force reserve.--Section 9038(b)(1) of such
title is amended by striking ``general officers of the Air
Force Reserve'' and inserting ``officers of the Air Force
Reserve in the grade of lieutenant general and''.
(b) Effective Date.--The amendments made under subsection
(a) shall take effect on the date that is one year after the
date of the enactment of this Act and shall apply to
appointments made after such date.
SECTION 512. AUTHORITY TO DEFER MANDATORY SEPARATION AT AGE
68 OF OFFICERS IN MEDICAL SPECIALTIES IN THE
RESERVE COMPONENTS.
Section 14703(b) of title 10, United States Code, is
amended--
(1) by striking ``An'' and inserting ``(1) Subject to
paragraph (2), an''; and
(2) by adding at the end the following new paragraph (2):
``(2) The Secretary concerned may, with the consent of the
officer, retain in an active status an officer in a medical
specialty described in subsection (a) beyond the date
described in paragraph (1) of this subsection if the
Secretary concerned determines that such retention is
necessary to the military department concerned. Each such
retention shall be made on a case-by-case basis and for such
period as the Secretary concerned determines appropriate.''.
SEC. 513. REPEAL OF REQUIREMENT FOR REVIEW OF CERTAIN ARMY
RESERVE OFFICER UNIT VACANCY PROMOTIONS BY
COMMANDERS OF ASSOCIATED ACTIVE DUTY UNITS.
Section 1113 of the Army National Guard Combat Readiness
Reform Act of 1992 (Public Law 102-484; 10 U.S.C. 10105 note)
is repealed.
SEC. 514. GUIDANCE FOR USE OF UNMANNED AIRCRAFT SYSTEMS BY
THE NATIONAL GUARD.
(a) New Guidance.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
issue new guidance that treats the use of unmanned aircraft
systems by the National Guard for covered activities in a
manner no more restrictive than the use of other aircraft for
covered activities.
(b) Covered Activities Defined.--In this section, ``covered
activities'' means the following:
(1) Emergency operations.
(2) Search and rescue operations.
(3) Defense support to civil authorities.
(4) Support under section 502(f) of title 32, United States
Code.
SEC. 515. JUNIOR RESERVE OFFICERS' TRAINING CORPS.
(a) In General.--Section 2031(b)(3) of title 10, United
States Code, is amended by inserting ``and which may include
instruction or activities in the fields of science,
technology, engineering, and mathematics'' after
``duration''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect 180 days after the date of the enactment of
this Act.
SEC. 516. JROTC COMPUTER SCIENCE AND CYBERSECURITY PROGRAM.
Chapter 102 of title 10, United States Code, is amended by
adding at the end the following new section:
``Sec. 2036. Computer science and cybersecurity program
``(a) Program Authorized.--The Secretary of Defense may
carry out a program to enhance the preparation of students in
the Junior Reserve Officers' Training Corps for careers in
computer science and cybersecurity.
``(b) Coordination.--In carrying out the program, the
Secretary shall coordinate with the following:
``(1) The Secretaries of the military departments.
``(2) The Secretary of Education.
``(3) The National Science Foundation.
``(4) The heads of such other Federal, State, and local
government entities the Secretary of Defense determines
appropriate.
``(5) Private sector organizations the Secretary of Defense
determines appropriate.
``(c) Activities.--Activities under the program may include
the following:
``(1) Establishment of targeted internships and cooperative
research opportunities in computer science and cybersecurity
at defense laboratories and other technical centers for
students in and instructors of the Junior Reserve Officers'
Training Corps.
``(2) Funding for training and other supports for
instructors to teach evidence-based courses in computer
science and cybersecurity to students.
``(3) Efforts and activities that improve the quality of
cybersecurity and computer science educational, training
opportunities, and curricula for students and instructors.
``(4) Development of travel opportunities, demonstrations,
mentoring programs, and informal computer science and
cybersecurity education for students and instructors.
``(d) Metrics.--The Secretary shall establish outcome-based
metrics and internal and external assessments to evaluate the
merits and benefits of activities conducted under the program
with respect to the needs of the Department of Defense.
``(e) Authorities.--In carrying out the program, the
Secretary shall, to the maximum extent practicable, make use
of the authorities under section 2193b, chapter 111, and
sections 2601, 2605, and 2374a of this title, section 219 of
the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 10 U.S.C. 2358 note),
and other authorities the Secretary determines appropriate.
``(f) Report.--Not later than two years after the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2020, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
[[Page H5375]]
Representatives a report on activities carried out under the
program.''.
SEC. 517. PROGRAMS OF SCHOLARSHIPS FOR MEMBERS OF JUNIOR
RESERVE OFFICERS' TRAINING CORPS UNITS TOWARD
OBTAINING PRIVATE PILOT'S CERTIFICATES.
(a) Programs Authorized.--Each Secretary of a military
department may carry out a program to award scholarships to
qualified members of units of the Junior Reserve Officers'
Training Corps under the jurisdiction of such Secretary to
assist such members in obtaining a private pilot's
certificate through an institution of higher education with
an accredited aviation program that is approved by such
Secretary pursuant to subsection (c).
(b) Member Qualifications.--
(1) In general.--In carrying out a program under subsection
(a), the Secretary of a military department shall prescribe
the standards to be met by members of units of the Junior
Reserve Officers' Training Corps under the jurisdiction of
such Secretary to be eligible for the award of a scholarship
under the program.
(2) Uniformity across military departments.--To the extent
practicable, the standards prescribed under this subsection
shall be uniform across the military departments.
(c) Approved Institutions of Higher Education.--
(1) In general.--In carrying out a program under subsection
(a), the Secretary of a military department shall maintain a
list of institutions of higher education (as that term is
defined in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001)) at which a scholarship awarded under the
program may be used toward obtaining a private pilot's
certificate.
(2) Qualifications and standards.--Any institution of
higher education included on a list under this subsection,
and any course of instruction toward obtaining a private
pilot's certificate offered by such institution, shall meet
such qualifications and standards as the Secretary shall
prescribe for purposes of the program. Such qualifications
and standards shall include a requirement that any
institution included on the list award academic credit at
such institution to any member awarded a scholarship under
the program for work (whether or not fully completed) on the
ground school course of instruction of such institution in
connection with obtaining a private pilot's certificate.
(d) Scholarship.--
(1) Amount.--The amount of the scholarship awarded a member
of a Junior Reserve Officers' Training Corps under a program
under subsection (a) shall be such amount as the Secretary of
the military department concerned considers appropriate to
defray, whether in whole or in part, the charges and fees of
a course of instruction toward obtaining a private pilot's
certificate offered by the institution of higher education to
be attended by the member in obtaining the certificate.
(2) Use.--A scholarship awarded a member under a program
may be used by the member only to defray the charges and fees
of an institution of higher education for a course of
instruction toward obtaining a private pilot's certificate.
(3) Maintenance of membership.--A scholarship awarded an
individual under a program may be used by the individual only
while the individual maintains membership in a unit of a
Junior Reserve Officers' Training Corps.
(e) Annual Reports on Programs.--
(1) In general.--Not later than February 28, 2021, and each
year thereafter, each Secretary of a military department
shall submit to Congress a report on the program, if any,
carried out by such Secretary during the preceding calendar
year.
(2) Elements.--Each report under paragraph (1) shall
include, for the program and year covered by such report, the
following:
(A) The number of scholarships awarded.
(B) The total amount of scholarships awarded.
(C) The work undertaken through such scholarships,
including the number of recipients who fully completed a
ground school course of instruction in connection with
obtaining a private pilot's certificate.
(f) Assessment of Related Pilot Program.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a report setting forth the results of an
assessment, conducted by the study group described in
paragraph (2) for purposes of the report, of the pilot
program conducted by the Air Force in 2018 and 2019 known as
the ``Air Force JROTC Flight Academy, Chief of Staff Private
Pilot Scholarship Program''.
(2) Study group.--The study group described in this
paragraph shall include the following:
(A) A representative of the Department of Defense, selected
by the Secretary of Defense.
(B) A representative of the headquarters of the Air Force
Junior Reserve Officers' Training Corps with experience with
the pilot program, selected by the Secretary of the Air
Force.
(C) In addition to the representative under subparagraph
(B), a representative of each military department, selected
by the Secretary of such military department.
(D) A representative of the Department of Transportation,
selected by the Secretary of Transportation.
(E) A representative of the Department of Education,
selected by the Secretary of Education.
(F) Representatives of such private organizations and
entities as the Secretary of Defense considers appropriate.
(3) Elements.--The assessment required by paragraph (1)
shall identify best practices in assisting members of the
Junior Reserve Officers' Training Corps in obtaining a
private pilot's certificate through institutions of higher
education, including the most appropriate funding mechanisms
for such practices.
SEC. 518. SENSE OF CONGRESS REGARDING JUNIOR RESERVE
OFFICERS' TRAINING CORPS.
It is the sense of Congress that--
(1) the Junior Reserve Officers' Training Corps (referred
to in this section as ``JROTC'') contributes to an enhanced
sense of pride in our Nation and in the members of the Armed
Forces who serve;
(2) JROTC develops a culture dedicated to service of our
great land and reinforces duty, honor and courage;
(3) the Nation has been steadily depending on a smaller and
smaller minority of the population to fight its wars and
protect its borders;
(4) this dwindling population risks the long-term security
of our Nation and the freedoms it provides;
(5) JROTC operates in all 50 States and contributes to
better grades and graduation rates; and
(6) JROTC was supported in the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232) and should be increased in fiscal year 2020,
including at least 3,700 JROTC units nationwide.
SEC. 519. SENSE OF CONGRESS REGARDING THE NATIONAL GUARD
YOUTH CHALLENGE PROGRAM.
It is the sense of Congress that--
(1) the National Guard Youth Challenge Program provides a
vital service to at-risk youth by providing life-changing
mentorship, developing self-discipline, and providing
education in valuable skills; and
(2) the Secretary of Defense should use the authority
provided under section 509(h)(2) of title 32, United States
Code, to allow Department of Defense equipment and facilities
to be used by the National Guard to maximize the support of
the Department for the Youth Challenge Program.
Subtitle C--General Service Authorities and Correction of Military
Records
SEC. 521. ESTABLISHMENT OF BOARD OF APPEALS REGARDING DENIED
REQUESTS FOR UPGRADED DISCHARGES AND
DISMISSALS.
(a) Establishment.--Chapter 79 of title 10, United States
Code, is amended by inserting after section 1553 the
following new section 1553a:
``Sec. 1553a. Board of Discharge Appeals
``(a) Establishment.--(1) The Secretary of Defense shall
establish a Board of Discharge Appeals to hear appeals of
requests for upgraded discharges and dismissals under section
1553 of this title that are denied by the service review
agencies.
``(2) The Board of Discharge Appeals shall consist of not
fewer than three members appointed by the Secretary.
``(b) Appeal.--(1) Upon the request of an appellant, the
Board of Discharge Appeals shall review the findings and
decisions of a service review agency regarding the review of
the discharge or dismissal of the appellant.
``(2) The Board of Discharge Appeals may direct the
Secretary of the military department concerned to change the
discharge or dismissal of an appellant, or issue a new
discharge for an appellant, to reflect its findings.
``(c) Definitions.--In this section:
``(1) The term `appellant' means a former member of the
armed forces (or if the former member is dead, the surviving
spouse, next of kin, or legal representative of the former
member) whose request for an upgraded discharge or dismissal
was denied by a service review agency.
``(2) The term `service review agency' has the meaning
given that term in section 1555 of this title.''.
(b) Technical and Conforming Amendments.--
(1) Table of sections.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1553 the following new item:
``1553a. Board of Discharge Appeals.''.
(2) Conforming amendment.--Section 1553(b) of title 10,
United States Code, is amended--
(A) by inserting ``(1)'' before ``A board''; and
(B) by adding at the end the following new paragraph:
``(2) If a board of review established by the Secretary of
a military department denies a request for an upgraded
discharge or dismissal, that denial may be appealed to the
Board of Discharge Appeals under section 1553a of this
title.''.
(c) Deadline.--The Secretary of Defense shall establish and
implement the Board of Discharge Appeals under such section
1553a of title 10, United States Code, as added by subsection
(a), not later than September 30, 2020.
(d) Training.--Each member of the Board of Discharge
Appeals established under such section 1553a shall receive
training under section 534(c) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
10 U.S.C. 1552 note).
(e) Reporting.--
(1) Report.--Not later than April 1, 2021, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a report
regarding the Board of Discharge Appeals established under
such section 1553a. The report shall include, with respect to
appeals heard by the Board of Discharge Appeals since
implementation, the following:
(A) The number of appeals heard.
(B) The number of appeals granted.
(C) The number of appeals denied, including the reasons for
such denials.
(D) A summary of any differences between reviews under
section 1553 of title 10, United
[[Page H5376]]
States Code, and appeals under section 1553a of such title.
(2) Online publication.--On October 1 of each year starting
in 2022, the Secretary shall publish online the information
described in subparagraphs (A), (B), and (C) of paragraph (1)
with regards to the preceding fiscal year.
SEC. 522. PROHIBITION ON REDUCTION IN THE NUMBER OF PERSONNEL
ASSIGNED TO DUTY WITH A SERVICE REVIEW AGENCY.
(a) Prohibition.--Section 1559(a) of title 10, United
States Code, is amended--
(1) by striking ``December 31, 2019'' and inserting
``December 31, 2025'';
(2) by striking ``that agency until--'' and inserting
``that agency.''; and
(3) by striking subsections (1) and (2).
(b) Report.--
(1) Report required.--Not later than 180 days after the
enactment of this Act, the Secretary of each military
department shall submit a report to the Committees on Armed
Services of the Senate and House of Representatives that
details a plan to--
(A) reduce the backlog of applications before the service
review agency of the military department concerned; and
(B) maintain the resources required to meet the timeliness
standards for disposition of applications before the
Corrections Boards under section 1557 of title 10, United
States Code, not later than October 1, 2021.
(2) Elements.--Each report under this subsection shall
include the following:
(A) A description of the current backlog of applications
before the service review agency of the military department
concerned.
(B) The number of personnel required to meet the deadline
described in paragraph (1)(B).
(C) The plan of the Secretary concerned to modernize the
application and review system of the service review agency of
the military department concerned.
SEC. 523. ADVISORY COMMITTEE ON RECORD AND SERVICE REVIEW
BOARDS.
(a) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
establish a Department of Defense Advisory Committee to be
known as the ``Defense Advisory Committee on Record and
Upgrade Review Boards'' (in this section referred to as the
``Advisory Committee'').
(b) Membership.--
(1) In general.--The Advisory Committee shall consist of
not more than 15 members appointed by the Secretary of
Defense, eight of whom shall be civilian practitioners or
representatives of organizations that have experience
assisting members of the Armed Forces and veterans with cases
before service review boards (as that term is defined in
section 1555 of title 10, United States Code).
(2) Members of the armed forces on active duty
ineligible.--A member of the Armed Forces serving on active
duty may not serve as a member of the Advisory Committee.
(c) Personnel.--
(1) Experience required.--At least 35 percent of members of
the staff of the Advisory Committee shall have experience
described in subsection (b)(1).
(2) Director; assistant director.--The director and
assistant director of the Advisory Committee may not both be
members of the Armed Forces serving on active duty.
(3) Staff.--Not more than 65 percent of the staff of the
Advisory Committee may be comprised of members of the Armed
Forces serving on active duty.
(d) Duties.--The Advisory Committee shall advise the
Secretary of Defense on the best structure, practices, and
procedures to ensure consistency of boards for the correction
of military records and service review boards in carrying out
their responsibilities under chapter 79 of title 10, United
States Code, and in granting relief to claimants under that
chapter.
(e) Annual Report.--Not later than one year after the date
of the establishment of the Advisory Committee and annually
thereafter for the three subsequent years, the Advisory
Committee shall submit to the Secretary of Defense and the
congressional defense committees a report containing
observations and recommendations regarding issues of board
operations and efficacy, including--
(1) granting relief at adequate rates;
(2) adhering to the intent of Congress, including regarding
liberal consideration;
(3) standards for evidence, training experience and
qualifications of board members;
(4) efficacy of efforts to ensure consistency across
boards;
(5) case management and record keeping systems, including
electronic access to board precedents;
(6) ease of personal appearances by claimants;
(7) expert review of medical and psychiatric cases; and
(8) related potential structural changes or alternative
board models.
(f) Termination.--The Advisory Committee shall terminate on
the date that is four years after the date of establishment
under subsection (a).
(g) Authorities.--The Advisory Committee shall have all
normal authorities granted to advisory committees, including
the ability for staff to request documents from the
Department of Defense, hold public hearings, and travel in
furtherance of the board mandate. The board shall also be
permitted, with assistance from personnel of the Department
of Defense, to administer surveys and conduct field
experiments to assess the viability of different policy
options considered in the course of the activities of the
Advisory Committee.
SEC. 524. TIME REQUIREMENTS FOR CERTIFICATION OF HONORABLE
SERVICE.
Upon the submission to the Secretary of a military
department or a designated commissioned officer serving in
the pay grade O-6 or higher by a member of the Armed Forces
of a completed United States Citizenship and Immigration
Services Form N-426, the Secretary or the Officer shall--
(1) in the case of a member of the Armed Forces who has
served or is serving honorably on active duty, provide
certification that the nature of the member's service has
been honorable by not later than five days from receiving the
form;
(2) in the case of a member of the Armed Forces who has
served or is serving honorably in a Reserve Component of the
Armed Forces, provide such certification by not later than
three weeks from receiving the form; and
(3) in the case of a member of the Armed Forces whose
service has been other than honorable, provide to the member
notice that a certification of honorable service will not be
provided and justification for why such certification will
not be provided--
(A) in the case of a member who has served or is serving on
active duty, by not later than five days from receiving the
form; and
(B) in the case of a member who has served or is serving in
a Reserve Component, by not later than three weeks from
receiving the form.
SEC. 525. PROHIBITION ON IMPLEMENTATION OF MILITARY SERVICE
SUITABILITY DETERMINATIONS FOR FOREIGN
NATIONALS WHO ARE LAWFUL PERMANENT RESIDENTS.
The Secretary of Defense may not take any action to
implement the memorandum titled ``Military Service
Suitability Determinations for Foreign Nationals Who Are
Lawful Permanent Residents'', issued by the Secretary and
dated October 13, 2017, until the Secretary reports to the
congressional defense committees the justification for the
policy changes required by such memorandum.
SEC. 526. STRATEGIC PLAN FOR DIVERSITY AND INCLUSION.
(a) Plan Required.--The Secretary of Defense shall design
and implement a five-year strategic plan for diversity and
inclusion in the Department of Defense.
(b) Elements.--The strategic plan under this section--
(1) shall be based on the strategic plan established under
section 2 of Executive Order 13583 (3 Fed. Reg. 13583 (August
18, 2011));
(2) shall incorporate existing efforts to promote diversity
and inclusion within the Department; and
(3) may not conflict with the objectives of the 2018
National Military Strategy.
(c) Deadline.--The Secretary shall implement the strategic
plan under this section on January 1, 2020.
SEC. 527. INDEPENDENT STUDY ON BARRIERS TO ENTRY INTO THE
ARMED FORCES FOR ENGLISH LEARNERS.
(a) Independent Study.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of Defense
shall seek to seek to enter into a contract with a federally
funded research and development center under which the center
will conduct a study on barriers to entry into the Armed
Forces for English learners.
(b) Elements.--The study under subsection (a) shall--
(1) identify barriers to entry into the Armed Forces for
English learners, including--
(A) challenges with military recruiters and language
proficiency;
(B) challenges with the assessment of potential recruits,
including the construction and delivery of and testing time
constraints related to the Armed Services Vocational Aptitude
Battery;
(C) challenges with dissemination of recruiting
information; and
(D) any other challenges that may be identified by the
federally funded research and development center in the
course of the study;
(2) the effect of such barriers on--
(A) the number of interactions recruiters have with English
learners;
(B) the enlistment rate among populations of English
learners; and
(C) any other effects that may be identified by the
federally funded research and development center in the
course of the study;
(3) an analysis of existing efforts and programs to remove
barriers to entry into the Armed Forces for English learners,
including an analysis of the scalability and sustainability
of such efforts and programs; and
(4) additional opportunities to address such barriers,
including alternative assessments and Armed Services
Vocational Aptitude Battery preparation programs for English
learners.
(c) Submittal to Department of Defense.--Not later than 270
days after the date of the enactment of this Act, the
federally funded research and development that conducts the
study under subsection (a) shall submit to the Secretary of
Defense a report on the results of the study.
(d) Submittal to Congress.--Not later than 30 days after
the date on which the Secretary of Defense receives the
report under subsection (c), the Secretary shall submit to
the congressional defense committees an unaltered copy of the
report and any comments of the Secretary with respect to the
report.
(e) English Learner Defined.--In this section, the term
``English learner'' has the meaning given that term in
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
SEC. 528. REENLISTMENT WAIVERS FOR PERSONS SEPARATED FROM THE
ARMED FORCES WHO COMMIT ONE MISDEMEANOR
CANNABIS OFFENSE.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
prescribe regulations that permit any Secretary of a military
department to grant a reenlistment waiver to a covered person
if the Secretary determines that the reenlistment of that
covered person is vital to the national interest.
[[Page H5377]]
(b) Definitions.--In this section:
(1) The term ``covered person'' means an individual--
(A) who has separated from the Armed Forces; and
(B) who has admitted to or been convicted by a court of
competent jurisdiction of a single violation--
(i) of any law of a State or the United States relating to
the use or possession of cannabis;
(ii) that constitutes a misdemeanor; and
(iii) that occurred while that individual was not on active
service in the Armed Forces.
(2) The terms ``active service'' and ``military
department'' have the meanings given such terms in section
101 of title 10, United States Code.
SEC. 529. SENSE OF CONGRESS REGARDING ACCESSION PHYSICALS.
(a) Findings.--Congress finds the following:
(1) United States Military Entrance Processing Command
(``USMEPCOM'') operates 65 Military Entrance Processing
Stations (``MEPS'') dispersed throughout the 50 States and
Puerto Rico.
(2) Applicants for accession into the Armed Forces must
travel to the closest MEPS to receive physical examinations,
are often driven by a military recruiter, and receive lodging
at a nearby hotel, paid for by the Armed Force represented by
that recruiter.
(3) In 2015, USMEPCOM reported that 473,000 applicants from
the military and other agencies processed through the 65
MEPS, for a total of 931,000 MEPS visits.
(4) Section 1703 of title 38, United States Code,
authorizes the Secretary of Veterans Affairs to enter into
contracts with private health care providers for physical
examinations.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense should explore alternatives to
centralized accession physicals at MEPS, including conducting
physicals through community health care providers, in order
to reduce transportation costs, increase efficiency in
processing times, and free recruiters to focus on the core of
the recruiting mission.
Subtitle D--Military Justice
SEC. 531. COMMAND INFLUENCE.
(a) In General.--Section 837 of title 10, United States
Code (article 37 of the Uniform Code of Military Justice), is
amended--
(1) by striking ``Unlawfully influencing action of court''
and inserting ``Command influence'';
(2) by amending subsection (a) to read as follows:
``(a)(1) No court-martial convening authority, nor any
other commanding officer, may censure, reprimand, or admonish
the court or any member, military judge, or counsel thereof,
with respect to the findings or sentence adjudged by the
court, or with respect to any other exercise of its or his
functions in the conduct of the proceeding.
``(2) No court-martial convening authority, nor any other
commanding officer, may deter or attempt to deter a potential
witness from participating in the investigatory process or
testifying at a court-martial. The denial of a request to
travel at government expense or refusal to make a witness
available shall not by itself constitute unlawful command
influence.
``(3) No person subject to this chapter may attempt to
coerce or, by any unauthorized means, attempt to influence
the action of a court-martial or any other military tribunal
or any member thereof, in reaching the findings or sentence
in any case, or the action of any convening, approving, or
reviewing authority or preliminary hearing officer with
respect to such acts taken pursuant to this chapter as
prescribed by the President.
``(4) Paragraphs (1) through (3) shall not apply with
respect to--
``(A) general instructional or informational courses in
military justice if such courses are designed solely for the
purpose of instructing members of a command in the
substantive and procedural aspects of courts-martial;
``(B) statements regarding criminal activity or a
particular criminal offense that do not advocate a particular
disposition, or a particular court-martial finding, or
sentence; or
``(C) statements and instructions given in open court by
the military judge or counsel.
``(5)(A) Notwithstanding paragraphs (1) through (3), but
subject to subparagraph (B)--
``(i) a superior convening authority or officer may
generally discuss matters to consider regarding the
disposition of alleged violations of this chapter with a
subordinate convening authority or officer; and
``(ii) a subordinate convening authority or officer may
seek advice from a superior convening authority or officer
regarding the disposition of an alleged offense under this
chapter.
``(B) No superior convening authority or officer may direct
a subordinate convening authority or officer to make a
particular disposition in a specific case or otherwise
substitute the discretion of such authority or such officer
for that of the subordinate convening authority or
officer.'';
(3) in subsection (b)--
(A) by striking ``advanced, in grade'' and inserting
``advanced in grade''; and
(B) by striking ``accused before a court-martial'' and
inserting ``person in a court-martial proceeding''; and
(4) by adding at the end the following new subsections:
``(c) No finding or sentence of a court-martial may be held
incorrect on the ground of a violation of this section unless
the violation materially prejudices the substantial rights of
the accused.
``(d)(1) A superior convening authority or commanding
officer may withhold the authority of a subordinate convening
authority or officer to dispose of offenses in individual
cases, types of cases, or generally.
``(2) Except as provided in paragraph (1) or as otherwise
authorized by this chapter, a superior convening authority or
commanding officer may not limit the discretion of a
subordinate convening authority or officer to act with
respect to a case for which the subordinate convening
authority or officer has authority to dispose of the
offenses.''.
(b) Clerical Amendment.--The table of sections at the
beginning subchapter VII of chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), is
amended by striking the item relating to section 837 (article
37) and inserting the following new item:
``837. Art. 37. Command influence.''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect on the date of the enactment of
this Act and shall apply with respect to violations of
section 837 of title 10, United States Code (article 37 of
the Uniform Code of Military Justice), committed on or after
such date.
SEC. 532. STATUTE OF LIMITATIONS FOR CERTAIN OFFENSES.
(a) In General.--Section 843 of title 10, United States
Code (article 43 of the Uniform Code of Military Justice), is
amended--
(1) in subsection (a), by inserting ``maiming of a child,
kidnapping of a child,'' after ``sexual assault of a
child,''; and
(2) in subsection (b)(2)(B)--
(A) by striking clauses (ii) and (iv); and
(B) by redesignating clause (iii) as clause (ii).
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act
and shall apply with respect to the prosecution of offenses
committed before, on, or after the date of the enactment of
this Act if the applicable limitation period has not yet
expired.
SEC. 533. GUIDELINES ON SENTENCES FOR OFFENSES COMMITTED
UNDER THE UNIFORM CODE OF MILITARY JUSTICE.
(a) Guidelines Required.--Not later than the date specified
in subsection (c), the Secretary of Defense shall establish
nonbinding guidelines on sentences for offenses under chapter
47 of title 10, United States Code (the Uniform Code of
Military Justice). The guidelines shall provide the
sentencing authority with a suggested range of punishments,
including suggested ranges of confinement, that will
generally be appropriate for a violation of each offense
under such chapter.
(b) Sentencing Data.--In developing the guidelines for
sentences under subsection (a), the Secretary of Defense
shall take into account the sentencing data collected by the
Military Justice Review Panel pursuant to section 946(f)(2)
of title 10, United States Code (article 146(f)(2) of the
Uniform Code of Military Justice).
(c) Date Specified.--The date specified in this subsection
is the date that is not later than one year after the date on
the which the first report of the Military Justice Review
Panel is submitted to the Committees on Armed Services of the
Senate and the House of Representatives pursuant to section
946(f)(5) of title 10, United States Code (article 146(f)(5)
of the Uniform Code of Military Justice).
SEC. 534. EXPANSION OF RESPONSIBILITIES OF COMMANDERS FOR
VICTIMS OF SEXUAL ASSAULT COMMITTED BY ANOTHER
MEMBER OF THE ARMED FORCES.
(a) Notification of Victims of Events in Military Justice
Process.--
(1) Notification required.--The commander of a member of
the Armed Forces who is the alleged victim of sexual assault
committed by another member of the Armed Forces shall provide
notification to such alleged victim of every key or other
significant event in the military justice process in
connection with the investigation, prosecution, and
confinement of such other member for sexual assault.
(2) Documentation.--Each commander described in paragraph
(1) shall create and maintain appropriate documentation on
any notification provided as described in that paragraph.
(b) Documetation of Victim's Preference on Jurisdiction in
Prosecution.--In the case of a member of the Armed Forces who
is the alleged victim of sexual assault committed by another
member of the Armed Forces who is subject to prosecution for
such offense both by court-martial under chapter 47 of title
10, United States Code (the Uniform Code of Military
Justice), and by a civilian court under State law, the
commander of such alleged victim shall create and maintain
appropriate documentation of the expressed preference, if
any, of such alleged victim for prosecution of such offense
by court-martial or by a civilian court as provided for by
Rule 306(e) of the Rules for Court-Martial.
(c) Regulations.--The Secretary of Defense shall prescribe
in regulations the requirements applicable to each of the
following:
(1) Notifications under subsection (a)(1).
(2) Documentation under subsection (a)(2).
(3) Documentation under subsection (b).
SEC. 535. INCREASE IN INVESTIGATIVE PERSONNEL AND VICTIM
WITNESS ASSISTANCE PROGRAM LIAISONS.
(a) Military Criminal Investigative Services.--
(1) Minimum staffing level.--Not later than one year after
the date of the enactment of this Act, the Secretary of each
military department shall ensure that the number of personnel
assigned to the military criminal investigative services of
the department is sufficient to ensure, to the extent
practicable, that the investigation of any sex-related
offense is completed not later than six months after the date
on which the investigation is initiated.
[[Page H5378]]
(2) Status reports required.--Not later than one year after
the date of the enactment of this Act, Secretary of each
military department shall issue guidance requiring that any
criminal investigator of the department who is assigned to
investigate a sex-related offense submits a status report to
the direct supervisor of such investigator in the event that
the investigation of such offense exceeds 90 days in
duration. Each status report shall include--
(A) a detailed explanation of the status of the
investigation;
(B) identification of any information that has not yet been
obtained but is necessary to complete the investigation; and
(C) identification of any barriers preventing the
investigator from accessing such information.
(b) Victim Witness Assistance Program Liaisons.--Not later
than one year after the date of the enactment of this Act,
the Secretary of each military department shall increase the
number of personnel serving as Victim Witness Assistance
Program liaisons to address personnel shortages in the Victim
Witness Assistance Program.
SEC. 536. INCREASE IN NUMBER OF DIGITAL FORENSIC EXAMINERS
FOR THE MILITARY CRIMINAL INVESTIGATION
ORGANIZATIONS.
(a) In General.--Each Secretary of a military department
shall take appropriate actions to increase the number of
digital forensic examiners in each military criminal
investigation organization (MCIO) under the jurisdiction of
such Secretary by not fewer than 10 from the authorized
number of such examiners for such organization as of
September 30, 2019.
(b) Military Criminal Investigation Organizations.--For
purposes of this section, the military criminal investigation
organizations are the following:
(1) The Army Criminal Investigation Command.
(2) The Naval Criminal Investigative Service.
(3) The Air Force Office of Special Investigations.
(4) The Marine Corps. Criminal Investigation Division.
(c) Funding.--Funds for additional digital forensic
examiners as required by subsection (a) for fiscal year 2020,
including for compensation, initial training, and equipment,
shall be derived from amounts authorized to be appropriated
for that fiscal year for the Armed Force concerned for
operation and maintenance.
SEC. 537. PILOT PROGRAMS ON DEFENSE INVESTIGATORS IN THE
MILITARY JUSTICE SYSTEM.
(a) In General.--Each Secretary of a military department
shall carry out a pilot program on defense investigators
within the military justice system under the jurisdiction of
such Secretary in order to do the following:
(1) Determine whether the presence of defense investigators
within such military justice system will--
(A) make such military justice system more effective in
providing an effective defense for the accused; and
(B) make such military justice system more fair and
efficient.
(2) Otherwise assess the feasibility and advisability of
defense investigators as an element of such military justice
system.
(b) Elements.--
(1) Interview of victim.--A defense investigator may
question a victim under a pilot program only upon a request
made through the Special Victims' Counsel or other counsel if
the victim does not have such counsel.
(2) Uniformity across military justice systems.--The
Secretary of Defense shall ensure that the personnel and
activities of defense investigators under the pilot programs
are, to the extent practicable, uniform across the military
justice systems of the military departments.
(c) Report.--
(1) In general.--Not later than three years after the date
of the enactment of this Act, the Secretary of Defense shall,
in consultation with the Secretaries of the military
departments, submit to the Committees on Armed Services of
the Senate and the House of Representatives a report on the
pilot programs under subsection (a).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of each pilot program, including the
personnel and activities of defense investigators under such
pilot program.
(B) An assessment of the feasibility and advisability of
establishing and maintaining defense investigators as an
element of the military justice systems of the military
departments.
(C) If the assessment under subparagraph (B) is that the
establishment and maintenance of defense investigators as an
element of the military justice systems of the military
departments is feasible and advisable, such recommendations
for legislative and administrative action as the Secretary of
Defense considers appropriate to establish and maintain
defense investigators as an element of the military justice
systems.
(D) Any other matters the Secretary of Defense considers
appropriate.
SEC. 538. PILOT PROGRAM ON PROSECUTION OF SPECIAL VICTIM
OFFENSES COMMITTED BY ATTENDEES OF MILITARY
SERVICE ACADEMIES.
(a) Pilot Program.--Beginning not later than January 1,
2020, the Secretary of Defense shall carry out a pilot
program (referred to in this section as the ``Pilot
Program'') under which the Secretary shall establish, in
accordance with this section, an independent authority to--
(1) review each covered special victim offense; and
(2) determine whether such offense shall be referred to
trial by an appropriate court-martial convening authority.
(b) Office of the Chief Prosecutor.--
(1) Establishment.--As part of the Pilot Program, the
Secretary shall establish, within the Office of the Secretary
of Defense, an Office of the Chief Prosecutor.
(2) Head of office.--The head of the Office shall be known
as the Chief Prosecutor. The Secretary shall appoint as the
Chief Prosecutor a commissioned officer in the grade of O-7
or above who--
(A) has significant experience prosecuting sexual assault
trials by court-martial; and
(B) is outside the chain of command of any cadet or
midshipman described in subsection (f)(2).
(3) Responsibilities.--The Chief Prosecutor shall exercise
the authorities described in subsection (c) but only with
respect to covered special victim offenses.
(4) Special rule.--Notwithstanding any other provision of
law, the military service from which the Chief Prosecutor is
appointed is authorized an additional billet for a general
officer or a flag officer for each year in the two year
period beginning with the year in which the appointment is
made.
(5) Termination.--The Office of the Chief Prosecutor shall
terminate on the date on which the Pilot Program terminates
under subsection (e).
(c) Referral to Office of the Chief Prosecutor.--
(1) Investigation phase.--
(A) Notice and information.--A military criminal
investigative organization that receives an allegation of a
covered special victim offense shall provide to the Chief
Prosecutor and the commander of the military service academy
concerned--
(i) timely notice of such allegation; and
(ii) any information and evidence obtained as the result a
subsequent investigation into the allegation.
(B) Trial counsel.--A trial counsel assigned to a case
involving a covered special victim offense shall, during the
investigative phase of such case, provide the Chief
Prosecutor with the information necessary to enable the Chief
Prosecutor to make the determination required under paragraph
(3).
(2) Referral to chief prosecutor.--In the case of a charge
relating to a covered special victim offense, in addition to
referring the charge to the staff judge advocate under
subsection (a) or (b) of section 834 of title 10, United
States Code (article 34 of the Uniform Code of Military
Justice), the convening authority of the Armed Force of which
the accused is a member shall refer, as soon as reasonably
practicable, the charge to the Chief Prosecutor to make the
determination required by paragraph (3).
(3) Prosecutorial determination.--The Chief Prosecutor
shall make a determination regarding whether a charge
relating to a covered special victim offense shall be
referred to trial. If the Chief Prosecutor makes a
determination that the charge shall be tried by court-
martial, the Chief Prosecutor also shall determine whether
the charge shall be tried by a general court-martial convened
under section 822 of title 10, United States Code (article 22
of the Uniform Code of Military Justice) or a special court-
martial convened under section 823 of such title (article 23
of the Uniform Code of Military Justice). The determination
of whether to try a charge relating to a covered special
victim offense by court-martial shall include a determination
of whether to try any known offenses, including any lesser
included offenses.
(4) Effect of determination and appeals process.--
(A) Determination to proceed to trial.--Subject to
subparagraph (C) determination to try a charge relating to a
covered special victim offense by court-martial under
paragraph (3), and the determination as to the type of court-
martial, shall be binding on any convening authority under
chapter 47 of title 10, United States Code (the Uniform Code
of Military Justice) for a trial by court-martial on the
charge.
(B) Determination not to proceed to trial.--Subject to
subparagraph (C) determination under paragraph (3) not to
proceed to trial on a charge relating to a covered special
victim offense by general or special court-martial shall be
binding on any convening authority under chapter 47 of title
10, United States Code (the Uniform Code of Military Justice)
except that such determination shall not operate to terminate
or otherwise alter the authority of the convening authority--
(i) to proceed to trial by court-martial on charges of
collateral misconducted related to the special victim
offense; or
(ii) to impose non-judicial punishment in connection with
the conduct covered by the charge as authorized by section
815 of such title (article 15 of the Uniform Code of Military
Justice).
(C) Appeal.--In a case in which a convening authority and
the staff judge advocate advising such authority disagree
with the determination of the Chief Prosecutor under
paragraph (3), the convening authority and staff judge
advocate may jointly appeal the determination to the General
Counsel of the Department of Defense. The determination of
the General Counsel with respect to such appeal shall be
binding on the Chief Prosecutor and the convening authority
concerned.
(5) Trial by randomized jury.--After the Chief Prosecutor
makes a determination under paragraph (3) to proceed to trial
on a charge relating to a covered special victim offense, the
matter shall be tried by a court-martial convened within the
Armed Force of which the accused is a member in accordance
with the applicable provisions of chapter 47 of title 10,
United States Code (the Uniform Code of Military Justice)
except that, when convening a court-martial that is a general
or special court-martial involving a covered special victim
offense in which the accused elects a jury trial, the
convening authority shall detail members of the Armed
[[Page H5379]]
Forces as members thereof at random unless the obtainability
of members of the Armed Forces for such court-martial
prevents the convening authority from detailing such members
at random.
(6) Unlawful influence or coercion.--The actions of the
Chief Prosecutor under this subsection whether or not to try
charges by court-martial shall be free of unlawful or
unauthorized influence or coercion.
(d) Effect on Other Law.--This section shall supersede any
provision of chapter 47 of title 10, United States Code (the
Uniform Code of Military Justice), that is inconsistent with
this section, but only to the extent of the inconsistency.
(e) Termination and Transition.--
(1) Termination.--The authority of the Secretary to carry
out the Pilot Program shall terminate four years after the
date on which the Pilot Program is initiated.
(2) Transition.--The Secretary shall take such actions as
are necessary to ensure that, on the date on which the Pilot
Program terminates under paragraph (1), any matter referred
to the Chief Prosecutor under subsection (c)(2), but with
respect to which the Chief Prosecutor has not made a
determination under subsection (c)(3), shall be transferred
to the appropriate convening authority for consideration.
(f) Definitions.--In this section:
(1) The term ``Armed Force'' has the meaning given that
term in section 101(a)(4) of title 10, United States Code.
(2) The term ``covered special victim offense'' means a
special victim offense--
(A) alleged to have been committed on or after the date of
the enactment of this Act by a cadet of the United States
Military Academy or the United States Air Force Academy,
without regard to the location at which the offense was
committed; or
(B) alleged to have been committed on or after the date of
the enactment of this Act by a midshipman of the United
States Naval Academy, without regard to the location at which
the offense was committed.
(3) The term ``Secretary'' means the Secretary of Defense.
(4) The term ``special victim offense'' means any of the
following:
(A) An offense under section 917a, 920, 920b, 920c, or 930
of title 10, United States Code (article 117a, 120, 120b,
120c, or 130 of the Uniform Code of Military Justice).
(B) A conspiracy to commit an offense specified in
subparagraph (A) as punishable under section 881 of such
title (article 81 of the Uniform Code of Military Justice).
(C) A solicitation to commit an offense specified in
subparagraph (A) as punishable under section 882 of such
title (article 82 of the Uniform Code of Military Justice).
(D) An attempt to commit an offense specified in
subparagraph (A) as punishable under section 880 of such
title (article 80 of the Uniform Code of Military Justice).
SEC. 539. TIMELY DISPOSITION OF NONPROSECUTABLE SEX-RELATED
OFFENSES.
(a) Policy Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall develop and implement a policy to ensure the timely
disposition of nonprosecutable sex-related offenses in
accordance with subsection (b).
(b) Elements.--The policy developed under subsection (a)
shall require the following:
(1) Not later than seven days after the date on which a
court-martial convening authority declines to refer a
nonprosecutable sex-related offense for trial by general or
special court-martial under chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), the
convening authority will forward the investigation to the
commander of the accused.
(2) Not later than 90 days after the date on which the
commander of the accused receives the investigation under
paragraph (1)--
(A) the commander will determine whether or not to take
other judicial, nonjudicial, or administrative action in
connection with the conduct covered by the investigation,
including any lesser included offenses, as authorized under
section 815 of title 10, United States Code (article 15 of
the Uniform Code of Military Justice); and
(B) in a case in which the commander of the accused decides
to take additional action under subparagraph (A), the
commander take such actions as appropriate.
(c) Nonprosecutable Sex-related Offense Defined.--In this
section, the term ``nonprosecutable sex-related offense''
means an alleged sex-related offense (as that term is defined
in section 1044e(g) of title 10, United States Code) that a
court-martial convening authority has declined to refer for
trial by a general or special court-martial under chapter 47
of title 10, United States Code (the Uniform Code of Military
Justice) due to a determination that there is insufficient
evidence to support prosecution of the sex-related offense.
SEC. 540. TRAINING FOR SEXUAL ASSAULT INITIAL DISPOSITION
AUTHORITIES ON EXERCISE OF DISPOSITION
AUTHORITY FOR SEXUAL ASSAULT AND COLLATERAL
OFFENSES.
(a) In General.--The training for sexual assault initial
Disposition authorities on the exercise of disposition
authority under chapter 47 of title 10, United States Code
(the Uniform Code of Military Justice), with respect to cases
for which disposition authority is withheld to such
authorities by the April 20, 2012, memorandum of the
Secretary of Defense, or any successor memorandum, shall
include comprehensive training on the exercise by such
authorities of such authority with respect to such cases in
order to enhance the capabilities of such Authorities in the
exercise of such authority and thereby promote confidence and
trust in the military justice process with respect to such
cases.
(b) Memorandum of Secretary of Defense.--The April 20,
2012, memorandum of the Secretary of Defense referred to in
subsection (a) is the memorandum of the Secretary of Defense
entitled ``Withholding Initial Disposition Authority Under
the Uniform Code of Military Justice in Certain Sexual
Assault Cases'' and dated April 20, 2012.
Subtitle E--Other Legal Matters
SEC. 541. STANDARD OF EVIDENCE APPLICABLE TO INVESTIGATIONS
AND REVIEWS RELATED TO PROTECTED COMMUNICATIONS
OF MEMBERS OF THE ARMED FORCES AND PROHIBITED
RETALIATORY ACTIONS.
(a) Standard of Evidence.--Section 1034 of title 10, United
States Code, is amended--
(1) in subsection (b)(1)(B)(ii), by striking ``as defined
in subsection (i)'' and inserting ``as defined in subsection
(k)'';
(2) by redesignating subsections (i) and (j) as subsections
(j) and (k), respectively; and
(3) by inserting after subsection (h) the following new
subsection (i):
``(i) Standard of Evidence.--A finding or other
determination made under any of subsections (c), (d), (g), or
(h) may be based on the standards of evidence specified in
section 1221(e) of title 5.''.
(b) Applicability.--The amendments made by subsection (a)
shall not apply to members of the Coast Guard.
(c) Effective Date.--The amendments made by subsection (a)
shall take effect on the date that is 30 days after the date
of the enactment of this Act, and shall apply with respect to
allegations pending or submitted under section 1034 of title
10, United States Code, on or after that date.
SEC. 542. EXPANSION OF SPECIAL VICTIMS' COUNSEL FOR VICTIMS
OF SEX-RELATED OR DOMESTIC VIOLENCE OFFENSES.
(a) In General.--Section 1044e of title 10, United States
Code, is amended--
(1) in the section heading, by striking ``sex-related'' and
inserting ``sex-related or domestic violence'';
(2) by striking ``alleged sex-related offense'' each place
it appears and inserting ``alleged sex-related offense or
alleged domestic violence offense'';
(3) in subsection (a)--
(A) in paragraph (1), by striking ``an individual described
in paragraph (2)'' and inserting ``an individual described in
paragraph (3)'';
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following new
paragraph (2):
``(2) The Secretary concerned shall designate paralegals
(to be known as `Special Victims' Counsel Paralegals') for
the purpose of providing paralegal assistance to Special
Victims' Counsel.'';
(4) in subsection (b)(2), by inserting ``or the Family
Advocacy Program'' after ``Victim Witness Assistance
Program'';
(5) in subsection (d)(2)--
(A) in subparagraph (A)--
(i) by striking ``Special Victims' Counsel'' and inserting
``Special Victims' Counsel and a Special Victims' Counsel
Paralegal''; and
(ii) by striking ``and'' at the end;
(B) in subparagraph (B), by striking ``Special Victims'
Counsel.'' and inserting ``and a Special Victims' Counsel
Paralegal; and''; and
(C) by adding at the end the following new subparagraph:
``(C) ensure that a Special Victims' Counsel receives the
training necessary to meet the needs of a victim of an
alleged sex-related offense or an alleged domestic violence
offense.'';
(6) in subsection (f)(1), by inserting ``a representative
of the Family Advocacy Program,'' after ``Sexual Assault
Victim Advocate,'';
(7) by amending subsection (g) to read as follows:
``(g) Definitions.--In this section:
``(1) The term `alleged sex-related offense' means any
allegation of--
``(A) a violation of section 920, 920b, 920c, or 930 of
this title (article 120, 120b, 120c, or 130 of the Uniform
Code of Military Justice); or
``(B) an attempt to commit an offense specified in a
subparagraph (A) as punishable under section 880 of this
title (article 80 of the Uniform Code of Military Justice).
``(2) The term `alleged domestic violence offense' means
any allegation of--
``(A) a violation of section 928b of this title (article
128b of the Uniform Code of Military Justice); or
``(B) an attempt to commit such an offense as punishable
under section 880 of this title (article 80 of the Uniform
Code of Military Justice).''; and
(8) by adding at the end the following new subsections:
``(i) Minimum Staffing Level.--Not later than two years
after the date of enactment of this subsection, the
Secretaries concerned shall ensure that the number Special
Victims' Counsel serving in each military department is
sufficient to ensure that the average caseload of a Special
Victims' Counsel does not exceed 25 cases at any given time.
``(j) Report Required.--Not later than December 1, 2022,
the Secretary of Defense, in consultation with the
Secretaries concerned, shall submit to the Committees on
Armed Services of the Senate and the House of Representatives
a report that includes--
``(1) an analysis of the caseloads of Special Victims'
Counsel and Special Victims' Counsel Paralegals,
respectively;
``(2) an assessment of the ability of the military
departments to fill additional authorized billets for the
Special Victims' Counsel program to meet mission
requirements; and
``(3) a description of how the training requirements for
the Special Victims' Counsel program have been expanded to
meet the needs of victims of alleged domestic violence
offenses.''.
[[Page H5380]]
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 53 of title 10, United States Code, is
amended by striking the item relating to section 1044e and
inserting the following new item:
``1044e. Special Victims' Counsel for victims of sex-related or
domestic violence offenses.''.
SEC. 543. NOTIFICATION OF ISSUANCE OF MILITARY PROTECTIVE
ORDER TO CIVILIAN LAW ENFORCEMENT.
(a) Notification of Issuance.--Section 1567a of title 10,
United States Code, is amended--
(1) in subsection (a), by striking ``and any individual
involved in the order does not reside on a military
installation at any time during the duration of the military
protective order, the commander of the military installation
shall notify'' and inserting ``, the commander of the unit to
which the member is assigned shall, not later than seven days
after the date of the issuance of the order, notify'';
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new
subsection (b);
``(b) Notification in Event of Transfer.--In the event that
a member of the armed forces against whom a military
protective order is issued is transferred to another unit--
``(1) not later than the date of the transfer, the
commander of the unit from which the member is transferred
shall notify the commander of the unit to which the member is
transferred of--
``(A) the issuance of the protective order; and
``(B) the individuals involved in the order; and
``(2) not later than seven days after receiving the notice
under paragraph (1), the commander of the unit to which the
member is transferred shall provide notice of the order to
the appropriate civilian authorities in accordance with
subsection (a).''; and
(4) in subsection (c), as so redesignated, by striking
``commander of the military installation'' and inserting
``commander of the unit to which the member is assigned''.
(b) Annual Report Required.--Not later than March 1, 2020,
and each year thereafter through 2024, the Secretary of
Defense shall submit to the congressional defense committees
a report that identifies--
(1) the number of military protective orders issued in the
calendar year preceding the year in which the report is
submitted; and
(2) the number of such orders that were reported to
appropriate civilian authorities in accordance with section
1567a(a) of title 10, United States Code, in such preceding
year.
SEC. 544. CLARIFICATIONS REGARDING SCOPE OF EMPLOYMENT AND
REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED
SERVICES.
(a) Clarification Regarding Definition of Rights and
Benefits.--Section 4303(2) of title 38, United States Code,
is amended--
(1) by inserting ``(A)'' before ``The term''; and
(2) by adding at the end the following new subparagraph:
``(B) Any procedural protections or provisions set forth in
this chapter shall also be considered a right or benefit
subject to the protection of this chapter.''.
(b) Clarification Regarding Relation to Other Law and Plans
for Agreements.--Section 4302 of such title is amended by
adding at the end the following:
``(c)(1) Pursuant to this section and the procedural rights
afforded by subchapter III of this chapter, any agreement to
arbitrate a claim under this chapter is unenforceable, unless
all parties consent to arbitration after a complaint on the
specific claim has been filed in court or with the Merit
Systems Protection Board and all parties knowingly and
voluntarily consent to have that particular claim subjected
to arbitration.
``(2) For purposes of this subsection, consent shall not be
considered voluntary when a person is required to agree to
arbitrate an action, complaint, or claim alleging a violation
of this chapter as a condition of future or continued
employment, advancement in employment, or receipt of any
right or benefit of employment.''.
SEC. 545. MILITARY ORDERS REQUIRED FOR TERMINATION OF LEASES
PURSUANT TO THE SERVICEMEMBERS CIVIL RELIEF
ACT.
Section 305(i) of the Servicemembers Civil Relief Act (50
U.S.C. 3955) is amended--
(1) in paragraph (1), by inserting ``(including orders for
separation or retirement)'' after ``official military
orders''; and
(2) by adding at the end the following new paragraph:
``(3) Permanent change of station.--The term `permanent
change of station' includes separation or retirement from
military service.''.
SEC. 546. CONSULTATION REGARDING VICTIM'S PREFERENCE IN
PROSECUTION JURISDICTION.
Section 534(b) of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year
2015 (Public Law 113-291; 10 U.S.C. 1044e note) is amended
by--
(1) redesignating paragraphs (2) through (4) as paragraphs
(3) through (5), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Record of consultation and victim preference.--The
Secretary of Defense, acting through the Under Secretary of
Defense for Personnel and Readiness, shall issue guidance to
ensure that the consultation under paragraph (1) is provided
to each victim of an alleged sex-related offense described in
such paragraph. Such guidance shall require that the
following information about each consultation is recorded and
preserved in written or electronic format:
``(A) The time and date of the consultation.
``(B) The name of the individual who consulted with the
victim.
``(C) The result of the consultation, including--
``(i) whether the victim expressed a preference under
paragraph (1); and
``(ii) if the victim expressed a preference, whether the
victim preferred that the offense be prosecuted by court-
martial or in a civilian court.''.
SEC. 547. EXTENSION AND EXPANSION OF DEFENSE ADVISORY
COMMITTEE ON INVESTIGATION, PROSECUTION, AND
DEFENSE OF SEXUAL ASSAULT IN THE ARMED FORCES.
Section 546 of the Carl Levin and Howard P. ``Buck'' McKeon
National Defense Authorization Act for Fiscal Year 2015 (10
U.S.C. 1561 note) is amended--
(1) by amending paragraph (2) of subsection (c) to read as
follows:
``(2) Basis for provision of advice.--For purposes of
providing advice to the Secretary pursuant to this
subsection, the Advisory Committee shall--
``(A) review, on an ongoing basis, cases involving
allegations of sexual misconduct described in paragraph (1);
``(B) study the feasibility of incorporating restorative
justice models into the Uniform Code of Military Justice; and
``(C) review Rule for Courts-Martial 1001(c) (as set forth
in the Manual for Courts-Martial, 2019 edition, or any
successor rule) to determine whether, and to what extent, the
interpretation of that rule by military courts--
``(i) limits the ability of sexual assault victims to make
statements during presentencing proceedings; and
``(ii) limits the content of such statements.''; and
(2) in subsection (f)(1), by striking ``five years'' and
inserting ``ten years''.
SEC. 548. DEFENSE ADVISORY COMMITTEE FOR THE PREVENTION OF
SEXUAL MISCONDUCT.
(a) Establishment Required.--
(1) In general.--The Secretary of Defense shall establish
and maintain within the Department of Defense an advisory
committee to be known as the ``Defense Advisory Committee for
the Prevention of Sexual Misconduct'' (in this section
referred to as the ``Advisory Committee'').
(2) Deadline for establishment.--The Secretary shall
establish the Advisory Committee not later than 180 days
after the date of the enactment of this Act.
(b) Membership.--
(1) In general.--The Advisory Committee shall consist of
not more than 20 members, appointed by the Secretary from
among individuals who have an expertise appropriate for the
work of the Advisory Committee, including at least one
individual with each expertise as follows:
(A) Expertise in the prevention of sexual assault and
behaviors on the sexual assault continuum of harm.
(B) Expertise in the prevention of suicide.
(C) Expertise in trauma and trauma symptoms.
(D) Expertise in the change of culture of large
organizations.
(E) Expertise in implementation science.
(2) Background of individuals.--Individuals appointed to
the Advisory Committee may include individuals with expertise
in sexual assault prevention efforts of institutions of
higher education, public health officials, and such other
individuals as the Secretary considers appropriate.
(3) Prohibition on membership of members of armed forces on
active duty.--A member of the Armed Forces serving on active
duty may not serve as a member of the Advisory Committee.
(c) Duties.--
(1) In general.--The Advisory Committee shall advise the
Secretary on the following:
(A) The prevention of sexual assault (including rape,
forcible sodomy, other sexual assault, and other sexual
misconduct (including behaviors on the sexual assault
continuum of harm)) involving members of the Armed Forces.
(B) The policies, programs, and practices of each military
department, each Armed Force, and each military service
academy for the prevention of sexual assault as described in
subparagraph (A).
(2) Basis for provision of advice.--For purposes of
providing advice to the Secretary pursuant to this
subsection, the Advisory Committee shall review, on an
ongoing basis, the following:
(A) Closed cases involving allegations of sexual assault
described in paragraph (1).
(B) Efforts of institutions of higher education to prevent
sexual assault among students.
(C) Any other information or matters that the Advisory
Committee or the Secretary considers appropriate.
(3) Coordination of efforts.--In addition to the reviews
required by paragraph (2), for purposes of providing advice
to the Secretary the Advisory Committee shall also consult
and coordinate with the Defense Advisory Committee on
Investigation, Prosecution, and Defense of Sexual Assault in
the Armed Forces (DAC-IPAD) on matters of joint interest to
the two Advisory Committees.
(d) Annual Report.--Not later than March 30 each year, the
Advisory Committee shall submit to the Secretary and the
Committees on Armed Services of the Senate and the House of
Representatives a report on the activities of the Advisory
Committee pursuant to this section during the preceding year.
(e) Sexual Assault Continuum of Harm.--In this section, the
term ``sexual assault continuum of harm'' includes--
(1) inappropriate actions (such as sexist jokes), sexual
harassment, gender discrimination, hazing, cyber bullying, or
other behavior that contributes to a culture that is tolerant
of, or increases risk for, sexual assault; and
[[Page H5381]]
(2) maltreatment or ostracism of a victim for a report of
sexual misconduct.
(f) Termination.--
(1) In general.--Except as provided in paragraph (2), the
Advisory Committee shall terminate on the date that is five
years after the date of the establishment of the Advisory
Committee pursuant to subsection (a).
(2) Continuation.--The Secretary of Defense may continue
the Advisory Committee after the termination date applicable
under paragraph (1) if the Secretary determines that
continuation of the Advisory Committee after that date is
advisable and appropriate. If the Secretary determines to
continue the Advisory Committee after that date, the
Secretary shall notify the Committees on the Armed Services
of the Senate and House of Representatives.
SEC. 549. SAFE TO REPORT POLICY APPLICABLE ACROSS THE ARMED
FORCES.
(a) In General.--The Secretary of Defense shall, in
consultation with the Secretaries of the military
departments, prescribe in regulations a safe to report policy
described in subsection (b) that applies with respect to all
members of the Armed Forces (including members of the reserve
components of the Armed Forces) and cadets and midshipmen at
the military service academies.
(b) Safe to Report Policy.--The safe to report policy
described in this subsection is a policy under which a member
of the Armed Forces who is the alleged victim of sexual
assault, but who may have committed minor collateral
misconduct at or about the time of such sexual assault, or
whose minor collateral misconduct is discovered only as a
result of the investigation into such sexual assault, may
report such sexual assault to proper authorities without fear
or receipt of discipline in connection with such minor
collateral misconduct absent aggravating circumstances that
increase the gravity of the minor collateral misconduct or
its impact on good order and discipline.
(c) Minor Collateral Misconduct.--For purposes of the safe
to report policy, minor collateral misconduct shall include
any of the following:
(1) Improper use or possession of alcohol.
(2) Consensual intimate behavior (including adultery) or
fraternization.
(3) Presence in an off-limits area.
(4) Such other misconduct as the Secretary of Defense shall
specify in the regulations under subsection (a).
(d) Aggravating Circumstances.--The regulations under
subsection (a) shall specify aggravating circumstances that
increase the gravity of minor collateral misconduct or its
impact on good order and discipline for purposes of the safe
to report policy.
(e) Definitions.--In this section:
(1) The term ``Armed Forces'' has the meaning given that
term in section 101(a)(4) of title 10, United States Code,
except such term does not include the Coast Guard.
(2) The term ``military service academy'' means the
following:
(A) The United States Military Academy.
(B) The United States Naval Academy.
(C) The United States Air Force Academy.
SEC. 550. AVAILABILITY OF SPECIAL VICTIMS' COUNSEL AND
SPECIAL VICTIM PROSECUTORS AT MILITARY
INSTALLATIONS.
(a) Deadline for Availability.--
(1) In general.--If an individual specified in paragraph
(2) is not available at a military installation for access by
a member of the Armed Forces who requests access to such an
individual, such an individual shall be made available at
such installation for access by such member by not later than
48 hours after such request.
(2) Individuals.--The individuals specified in this
paragraph are the following:
(A) Special Victims' Counsel (SVC).
(B) Special Victim Prosecutor (SPC).
(b) Report on Civilian Support of SVCs.--Not later than 180
days after the date of the enactment of this Act, each
Secretary of a military department shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report setting forth the assessment of such
Secretary of the feasibility and advisability of establishing
and maintaining at each installation under the jurisdiction
of such Secretary with a Special Victims' Counsel one or more
civilian positions for the purpose of--
(1) providing support to such Special Victims' Counsel; and
(2) ensuring continuity and the preservation of
institutional knowledge in transitions between the service of
individuals as Special Victims' Counsel at such installation.
SEC. 550A. NOTICE TO VICTIMS OF ALLEGED SEXUAL ASSAULT OF
PENDENCY OF FURTHER ADMINISTRATIVE ACTION
FOLLOWING A DETERMINATION NOT TO REFER TO TRIAL
BY COURT-MARTIAL.
Under regulations prescribed by the Secretary of Defense,
upon a determination not to refer a case of alleged sexual
assault for trial by court-martial under chapter 47 of title
10, United States Code (the Uniform Code of Military
Justice), the commander making such determination shall
periodically notify the victim of the status of a final
determination on further action on such case, whether non-
judicial punishment under section 815 of such title (article
15 of the Uniform Code of Military Justice), other
administrative action, or no further action. Such
notifications shall continue not less frequently than monthly
until such final determination.
SEC. 550B. TRAINING FOR SPECIAL VICTIMS' COUNSEL ON CIVILIAN
CRIMINAL JUSTICE MATTERS IN THE STATES OF THE
MILITARY INSTALLATIONS TO WHICH ASSIGNED.
(a) Training.--
(1) In general.--Except as provided in subsection (c), upon
the assignment of a Special Victims' Counsel (including a
Victim Legal Counsel of the Navy) to a military installation
in the United States, such Counsel shall be provided
appropriate training on the law and policies of the State or
States in which such military installation is located with
respect to the criminal justice matters specified in
paragraph (2). The purpose of the training is to assist such
Counsel in providing victims of alleged sex-related offenses
with information necessary to make an informed decision
regarding preference as to the jurisdiction (whether court-
martial or State court) in which such offenses will be
prosecuted.
(2) Criminal justice matters.--The criminal justice matters
specified in this paragraph, with respect to a State, are the
following:
(A) Victim rights.
(B) Prosecution of criminal offenses.
(C) Sentencing for conviction of criminal offenses.
(b) Alleged Sex-related Offense Defined.--In this section,
the term ``alleged sex-related offense'' means any allegation
of--
(1) a violation of section 920, 920b, 920c, or 930 of title
10, United States Code (article 120, 120b, 120c, or 130 of
the Uniform Code of Military Justice); or
(2) an attempt to commit an offense specified in a
paragraph (1) as punishable under section 880 of title 10,
United States Code (article 80 of the Uniform Code of
Military Justice).
(c) Exception.--The requirements of this section do not
apply to a Special Victims' Counsel of the Coast Guard.
Subtitle F--Member Education
SEC. 551. AUTHORITY FOR DETAIL OF CERTAIN ENLISTED MEMBERS OF
THE ARMED FORCES AS STUDENTS AT LAW SCHOOLS.
(a) In General.--Chapter 101 of title 10, United States
Code, is amended--
(1) by redesignating sections 2004a and 2004b as sections
2004b and 2004c, respectively;
(2) by inserting after section 2004 the following new
section:
``Sec. 2004a. Detail as students at law schools: certain
enlisted members
``(a) In General.--The Secretary of each military
department may, under regulations prescribed by the Secretary
of Defense, detail enlisted members of the armed forces as
students at accredited law schools, located in the United
States, for a period of training leading to the degree of
bachelor of laws or juris doctor. No more than twenty-five
officers from each military department may commence such
training in any single fiscal year.
``(b) Eligibility for Detail.--To be eligible for detail
under subsection (a), a member must be a citizen of the
United States and must--
``(1) as of the time training is to begin--
``(A) have served on active duty for a period of not less
than four years nor more than eight years;
``(B) be in pay grade E-5 or E-6; and
``(C) meet all requirements for acceptance of a commission
as a commissioned officer in the armed forces; and
``(2) sign an agreement that, unless sooner separated, the
member will--
``(A) complete the educational course of legal training;
``(B) upon completion of the educational course of legal
training--
``(i) accept a commission as a commissioned officer in the
armed forces; and
``(ii) accept transfer or detail as a judge advocate or law
specialist within the department concerned; and
``(C) agree to serve on active duty following completion or
other termination of the educational course of legal training
for a period of two years for each year or part thereof of
such training.
``(c) Selection.--Members detailed for legal training under
subsection (a) shall be selected on a competitive basis by
the Secretary of the military department concerned, under the
regulations required by subsection (a).
``(d) Service and Service Obligations.--(1) Except as
provided in paragraph (2), any service obligation incurred by
a member under an agreement entered into under subsection (b)
shall be in addition to any service obligation incurred by
the member under any other provision of law or agreement.
``(2)(A) A member who does not successfully complete a
course of legal training to which detailed pursuant to this
section shall cease such detail and return to the armed force
concerned as an enlisted member.
``(B) Any time of a member described by subparagraph (A) in
a course of legal training described in that subparagraph
shall not count toward satisfaction of any period of service
required under the current contract or agreement of the
member for enlistment in the armed forces.
``(e) Limitation on Number Detailable.--The aggregate
number of enlisted members detailed under this section and
commissioned officers detailed under section 2004 of this
title in any fiscal year by a Secretary of a military
department may not exceed 25.
``(f) Other Administrative Matters.--Subsections (d) and
(f) of section 2004 of this title shall apply to the detail
of members under this section, except that any reference in
such section to an `officer' shall be deemed to be a
reference to an `enlisted member' for such purposes.''.
SEC. 552. EDUCATION OF MEMBERS OF THE ARMED FORCES ON CAREER
READINESS AND PROFESSIONAL DEVELOPMENT.
(a) Programs of Education Required.--
(1) In general.--Chapter 101 of title 10, United States
Code, is amended by inserting after section 2015 the
following new section:
[[Page H5382]]
``Sec. 2015a. Education of members on career readiness and
professional development
``(a) Program of Education Required.--The Secretary of
Defense shall carry out a program to provide education on
career readiness and professional development to members of
the armed forces.
``(b) Elements.--The program under this section shall
provide members with the following:
``(1) Information on the transition plan as described in
section 1142(b)(10) of this title.
``(2) Information on opportunities available to members
during military service for professional development and
preparation for a career after military service, including--
``(A) programs of education, certification, training, and
employment assistance (including programs under sections
1143(e), 2007, and 2015 of this title); and
``(B) programs and resources available to members in
communities in the vicinity of military installations.
``(3) Instruction on the use of online and other electronic
mechanisms in order to access the education, training, and
assistance and resources described in paragraph (2).
``(4) Such other information, instruction, and matters as
the Secretary shall specify for purposes of this section.
``(c) Timing of Provision of Information.--Subject to
subsection (d), information, instruction, and other matters
under the program under this section shall be provided to
members at the times as follows:
``(1) Upon arrival at first duty station.
``(2) Upon arrival at any subsequent duty station.
``(3) Upon deployment.
``(4) Upon promotion.
``(5) Upon reenlistment.
``(6) At any other point in a military career specified by
the Secretary for purposes of this section
``(d) Single Provision of Information in a Year With
Multiple Events.--A member who has received information and
instruction under the program under this section in
connection with an event specified in subsection (c) in a
year may elect not to undergo additional receipt of
information and instruction under the program in connection
with another such event in the year, unless such other event
is arrival at a new duty station.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 101 of such title is amended by
inserting after the item relating to section 2015 the
following new item:
``2015a. Education of members on career readiness and professional
development.''.
(b) Report on Implementation.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate committees of Congress a report on
the program of education required by section 2015a of title
10, United States Code (as added by subsection (a)),
including the following:
(A) A comprehensive description of the actions taken to
implement the program of education.
(B) A comprehensive description of the program of
education.
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Armed Services and the Committee on
Veterans' Affairs of the Senate; and
(B) the Committee on Armed Services and the Committee on
Veterans' Affairs of the House of Representatives.
SEC. 553. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE CENTER.
(a) Authority to Award Bachelor's Degrees.--Section 2168 of
title 10, United States Code, is amended--
(1) in the section heading, by striking ``Associate'' and
inserting ``Associate or Bachelor''; and
(2) by amending subsection (a) to read as follows:
``(a) Subject to subsection (b), the Commandant of the
Defense Language Institute may confer--
``(1) an Associate of Arts degree in a foreign language
upon any graduate of the Foreign Language Center of the
Institute who fulfills the requirements for that degree; or
``(2) a Bachelor of Arts degree in a foreign language upon
any graduate of the Foreign Language Center of the Institute
who fulfills the requirements for that degree.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 108 of title 10, United States Code, is
amended by striking the item relating to section 2168 and
inserting the following new item:
``2168. Defense Language Institute Foreign Language Center: degree of
Associate or Bachelor of Arts in foreign language.''.
SEC. 554. EXPANSION OF DEPARTMENT OF DEFENSE STARBASE
PROGRAM.
(a) In General.--Section 2193b of title 10, United States
Code, is amended--
(1) in the section heading, by striking ``science,
mathematics, and technology'' and inserting ``science,
technology, engineering, art and design, and mathematics'';
(2) in subsection (a), by striking ``science, mathematics,
and technology'' and inserting ``science, technology,
engineering, art and design, and mathematics''; and
(3) in subsection (b), by striking ``mathematics, science,
and technology'' and inserting ``science, technology,
engineering, art and design, and mathematics'';
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 111 of title 10, United States Code, is
amended by striking the item relating to section 2193b and
inserting the following new item:
``2193b. Improvement of education in technical fields: program for
support of elementary and secondary education in science,
technology, engineering, art and design, and
mathematics.''.
SEC. 555. DEGREE GRANTING AUTHORITY FOR UNITED STATES ARMY
ARMAMENT GRADUATE SCHOOL.
(a) In General.--Chapter 751 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 7422. Degree granting authority for United States Army
Armament Graduate School
``(a) Authority.--Under regulations prescribed by the
Secretary of the Army, the Chancellor of the United States
Army Armament Graduate School may, upon the recommendation of
the faculty and provost of the college, confer appropriate
degrees upon graduates who meet the degree requirements.
``(b) Limitation.--A degree may not be conferred under this
section unless--
``(1) the Secretary of Education has recommended approval
of the degree in accordance with the Federal Policy Governing
Granting of Academic Degrees by Federal Agencies; and
``(2) the United States Army Armament Graduate School is
accredited by the appropriate civilian academic accrediting
agency or organization to award the degree, as determined by
the Secretary of Education.
``(c) Congressional Notification Requirements.--(1) When
seeking to establish degree granting authority under this
section, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives--
``(A) a copy of the self-assessment questionnaire required
by the Federal Policy Governing Granting of Academic Degrees
by Federal Agencies, at the time the assessment is submitted
to the Department of Education's National Advisory Committee
on Institutional Quality and Integrity; and
``(B) the subsequent recommendations and rationale of the
Secretary of Education regarding the establishment of the
degree granting authority.
``(2) Upon any modification or redesignation of existing
degree granting authority, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report containing the rationale
for the proposed modification or redesignation and any
subsequent recommendation of the Secretary of Education on
the proposed modification or redesignation.
``(3) The Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report containing an explanation of any
action by the appropriate academic accrediting agency or
organization not to accredit the United States Army Armament
Graduate School to award any new or existing degree.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``7422. Degree granting authority for United States Army Armament
Graduate School.''.
SEC. 556. CONGRESSIONAL NOMINATIONS FOR SENIOR RESERVE
OFFICERS' TRAINING CORPS SCHOLARSHIPS.
Section 7442 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(k) Any candidate not nominated under paragraphs (3)
through (10) of subsection (a) may be considered by the
Secretary of the Army in order of merit for appointment as a
Senior Reserve Officers' Training Corps cadet under section
2107 of this title.''.
SEC. 557. CONSIDERATION OF APPLICATION FOR TRANSFER FOR A
STUDENT OF A MILITARY SERVICE ACADEMY WHO IS
THE VICTIM OF A SEXUAL ASSAULT OR RELATED
OFFENSE.
(a) Military Academy.--Section 7461 of title 10, United
States Code, is amended by adding at the end the following
new subsection:
``(e) Consideration of Application for Transfer for a Cadet
Who Is the Victim of a Sexual Assault or Related Offense.--
(1) The Secretary of the Army shall provide for timely
determination and action on an application for consideration
of a transfer to another military service academy submitted
by a cadet who was a victim of a sexual assault or other
offense covered by section 920, 920a, or 920c of this title
(article 120, 120a, or 120c of the Uniform Code of Military
Justice) so as to reduce the possibility of retaliation
against the cadet for reporting the sexual assault or other
offense.
``(2) The Secretary of the Army shall prescribe regulations
to carry out this subsection, within guidelines provided by
the Secretary of Defense that direct the Superintendent of
the Military Academy, in coordination with the Superintendent
of the military service academy to which the cadet wishes to
transfer--
``(A) to approve or deny an application under this
subsection not later than 72 hours after the submission of
the application; and
``(B) to approve such application unless there are
exceptional circumstances that require denial of the
application.
``(3) If the Superintendent of the Military Academy or the
Superintendent of the military service academy to which the
cadet wishes to transfer denies an application under this
subsection, the cadet may request review of the denial by the
Secretary concerned, who shall grant or deny review not later
than 72 hours after submission of the request for review.
``(4) The Secretary concerned shall ensure that all records
of any request, determination, or action under this
subsection remain confidential.
``(5) A cadet who transfers under this subsection may
retain the cadet's appointment to the Military Academy or may
be appointed to
[[Page H5383]]
the military service academy to which the cadet transfers
without regard to the limitations and requirements set forth
in sections 7442, 8454, and 9442 of this title.''.
(b) Naval Academy.--Section 8480 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(e) Consideration of Application for Transfer for a
Midshipman Who Is the Victim of a Sexual Assault or Related
Offense.--(1) The Secretary of the Navy shall provide for
timely determination and action on an application for
consideration of a transfer to another military service
academy submitted by a midshipman who was a victim of a
sexual assault or other offense covered by section 920, 920a,
or 920c of this title (article 120, 120a, or 120c of the
Uniform Code of Military Justice) so as to reduce the
possibility of retaliation against the midshipman for
reporting the sexual assault or other offense.
``(2) The Secretary of the Navy shall prescribe regulations
to carry out this subsection, within guidelines provided by
the Secretary of Defense that direct the Superintendent of
the Naval Academy, in coordination with the Superintendent of
the military service academy to which the midshipman wishes
to transfer--
``(A) to approve or deny an application under this
subsection not later than 72 hours after the submission of
the application; and
``(B) to approve such application unless there are
exceptional circumstances that require denial of the
application.
``(3) If the Superintendent of the Naval Academy or the
Superintendent of the military service academy to which the
midshipman wishes to transfer denies an application under
this subsection, the midshipman may request review of the
denial by the Secretary concerned, who shall grant or deny
review not later than 72 hours after submission of the
request for review.
``(4) The Secretary concerned shall ensure that all records
of any request, determination, or action under this
subsection remain confidential.
``(5) A midshipman who transfers under this subsection may
retain the midshipman's appointment to the Naval Academy or
may be appointed to the military service academy to which the
midshipman transfers without regard to the limitations and
requirements set forth in sections 7442, 8454, and 9442 of
this title.''.
(c) Air Force Academy.--Section 9461 of title 10, United
States Code, is amended by adding at the end the following
new subsection:
``(e) Consideration of Application for Transfer for a Cadet
Who Is the Victim of a Sexual Assault or Related Offense.--
(1) The Secretary of the Air Force shall provide for timely
determination and action on an application for consideration
of a transfer to another military service academy submitted
by a cadet who was a victim of a sexual assault or other
offense covered by section 920, 920a, or 920c of this title
(article 120, 120a, or 120c of the Uniform Code of Military
Justice) so as to reduce the possibility of retaliation
against the cadet for reporting the sexual assault or other
offense.
``(2) The Secretary of the Air Force shall prescribe
regulations to carry out this subsection, within guidelines
provided by the Secretary of Defense that direct the
Superintendent of the Air Force Academy, in coordination with
the Superintendent of the military service academy to which
the cadet wishes to transfer--
``(A) to approve or deny an application under this
subsection not later than 72 hours after the submission of
the application; and
``(B) to approve such application unless there are
exceptional circumstances that require denial of the
application.
``(3) If the Superintendent of the Air Force Academy or the
Superintendent of the military service academy to which the
cadet wishes to transfer denies an application under this
subsection, the cadet may request review of the denial by the
Secretary concerned, who shall grant or deny review not later
than 72 hours after submission of the request for review.
``(4) The Secretary concerned shall ensure that all records
of any request, determination, or action under this
subsection remain confidential.
``(5) A cadet who transfers under this subsection may
retain the cadet's appointment to the Air Force Academy or
may be appointed to the military service academy to which the
cadet transfers without regard to the limitations and
requirements set forth in sections 7442, 8454, and 9442 of
this title.''.
SEC. 558. REDESIGNATION OF THE COMMANDANT OF THE UNITED
STATES AIR FORCE INSTITUTE OF TECHNOLOGY AS THE
DIRECTOR AND CHANCELLOR OF SUCH INSTITUTE.
(a) Redesignation.--Section 9414b(a) of title 10, United
States Code, is amended--
(1) in the subsection heading, by striking ``Commandant''
and inserting ``Director and Chancellor'';
(2) by striking ``Commandant'' each place it appears and
inserting ``Director and Chancellor''; and
(3) in the heading of paragraph (3), by striking
``Commandant'' and inserting ``Director and Chancellor''.
(b) Conforming Amendment.--Section 9414 of such title is
amended by striking ``Commandant'' both places it appears and
inserting ``Director and Chancellor''.
(c) References.--Any reference in any law, regulation, map,
document, paper, or other record of the United States to the
Commandant of the United States Air Force Institute of
Technology shall be deemed to be a reference to the Director
and Chancellor of the United States Air Force Institute of
Technology.
SEC. 559. ELIGIBILITY OF ADDITIONAL ENLISTED MEMBERS FOR
ASSOCIATE DEGREE PROGRAMS OF THE COMMUNITY
COLLEGE OF THE AIR FORCE.
Section 9415(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(3) Enlisted members of the armed forces other than the
Air Force who are participating in Community College of the
Air Force affiliated joint-service training and education
courses.''.
SEC. 560. SAFE-TO-REPORT POLICY APPLICABLE TO MILITARY
SERVICE ACADEMIES.
(a) In General.--The Secretary of Defense, in consultation
with the Secretaries of the military departments, shall
prescribe in regulations a safe-to-report policy described in
subsection (b) that applies with respect to cadets and
midshipmen at the military service academies.
(b) Safe-to-report Policy.--The safe-to-report policy
described in this subsection is a policy under which a cadet
or midshipman at a military service academy who is the
alleged victim of sexual assault, but who may have committed
minor collateral misconduct at or about the time of such
sexual assault, or whose minor collateral misconduct is
discovered only as a result of the investigation into such
sexual assault, may report such sexual assault to proper
authorities without fear or receipt of discipline in
connection with such minor collateral misconduct.
(c) Minor Collateral Misconduct.--For purposes of the safe-
to-report policy, minor collateral misconduct shall include
any of the following:
(1) Improper use or possession of alcohol.
(2) Consensual intimate behavior or fraternization with
another cadet or midshipman.
(3) Presence in an off-limits area.
(4) Such other misconduct as the Secretary of Defense shall
specify in the regulations under subsection (a).
(d) Military Service Academy Defined.--In this section, the
term ``military service academy'' means the following:
(1) The United States Military Academy.
(2) The United States Naval Academy.
(3) The United States Air Force Academy.
(4) The United States Coast Guard Academy.
SEC. 560A. RECOUPMENT OF FUNDS FROM CADETS AND MIDSHIPMEN
SEPARATED FOR CRIMINAL MISCONDUCT.
Not later than September 30, 2020, each Secretary of a
military department shall prescribe regulations by which the
Superintendent of a military service academy under the
jurisdiction of the Secretary shall, pursuant to section
303a(e) of title 37, United States Code, recoup the cost of
advanced education received by a cadet or midshipman who is
separated from that military service academy--
(1) at any time before the cadet or midshipman graduates
from the military service academy; and
(2) for criminal misconduct by the cadet or midshipman.
Subtitle G--Member Training and Transition
SEC. 561. PROHIBITION ON GENDER-SEGREGATED TRAINING AT MARINE
CORPS RECRUIT DEPOTS.
(a) Parris Island.--
(1) Prohibition.--Subject to paragraph (2), training at the
Marine Corps Recruit Depot, Parris Island, South Carolina,
may not be segregated based on gender.
(2) Deadline.--The Commandant of the Marine Corps shall
carry out this subsection not later than five years after the
date of the enactment of this Act.
(b) San Diego.--
(1) Prohibition.--Subject to paragraph (2), training at the
Marine Corps Recruit Depot, San Diego, California, may not be
segregated based on gender.
(2) Deadline.--The Commandant of the Marine Corps shall
carry out this subsection not later than eight years after
the date of the enactment of this Act.
SEC. 562. MEDICAL PERSONNEL AT MARINE CORPS RECRUIT DEPOTS.
Not later than September 30, 2020, the Secretary of the
Navy, in coordination with the Navy Medical Department,
shall--
(1) assign personnel to the Marine Recruit Training
Regiment at each Marine Corps Recruit Depot who--
(A) possess sufficient medical training and equipment to
evaluate sick recruits; and
(B) is capable of determining whether a recruit requires
emergent care; and
(2) ensure such personnel is available after business hours
in order to advise personnel regarding the course of action
for managing a sick recruit.
SEC. 563. ASSESSMENT OF DEATHS OF RECRUITS UNDER THE
JURISDICTION OF THE SECRETARY OF THE NAVY.
(a) Assessment.--The Inspector General of the Department of
Defense shall conduct an assessment of the deaths of recruits
at facilities under the jurisdiction of the Secretary of the
Navy, and the effectiveness of the current medical protocols
on the training bases.
(b) Report.--Not later than September 30, 2020, the
Inspector General shall submit to the Committees on Armed
Services of the Senate and the House of Representative a
report containing the results of the assessment conducted
under subsection (a). The report shall include the following:
(1) The number of recruits who died during basic training
in the five years preceding the date of the report.
(2) The causes of deaths described in paragraph (1).
(3) The types of medical treatment that was provided to
recruits described in paragraph (1).
(4) Whether any of the deaths identified under paragraph
(1) were found to be a result of medical negligence.
(5) A description of medical capabilities and personnel
available to the recruits at each facility.
(6) A description of medical resources accessible to the
recruits at the company level at each facility.
[[Page H5384]]
(7) A description of 24-hour medical resources available to
recruits at each facility.
(8) An evaluation of the guidelines and resources in place
to monitor sick recruits.
(9) An evaluation of how supervisors evaluate and determine
whether a sick recruit should continue training or further
seek medical assistance.
(10) An evaluation of how the Secretary of the Navy can
increase visibility of the comprehensive medical status of a
sick recruit to instructors and supervisors in order to
provide better situational awareness of the such medical
status.
(11) An evaluation of how to improve and medical care for
recruits.
SEC. 564. INCLUSION OF SPECIFIC EMAIL ADDRESS BLOCK ON
CERTIFICATE OF RELEASE OR DISCHARGE FROM ACTIVE
DUTY (DD FORM 214).
(a) Modification Required.--The Secretary of Defense shall
modify the Certificate of Release or Discharge from Active
Duty (DD Form 214) to include a specific block explicitly
identified as the location in which a member of the Armed
Forces may provide one or more email addresses by which the
member may be contacted after discharge or release from
active duty in the Armed Forces.
(b) Deadline for Modification.--The Secretary of Defense
shall release a revised Certificate of Release or Discharge
from Active Duty (DD Form 214), modified as required by
subsection (a), not later than one year after the date of the
enactment of this Act.
SEC. 565. MACHINE READABILITY AND ELECTRONIC TRANSFERABILITY
OF CERTIFICATE OF RELEASE OR DISCHARGE FROM
ACTIVE DUTY (DD FORM 214).
(a) Modification Required.--The Secretary of Defense shall
modify the Certificate of Release or Discharge from Active
Duty (DD Form 214) to be machine readable and electronically
transferable.
(b) Deadline for Modification.--The Secretary of Defense
shall release a revised Certificate of Release or Discharge
from Active Duty (DD Form 214), modified pursuant to
subsection (a), not later than four years after the date of
the enactment of this Act.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
a report to Congress regarding the following:
(1) What systems of the Department of Defense require an
individual to manually enter information from DD Form 214.
(2) What activities of the Department of Defense require a
veteran or former member of the Armed Forces to provide a
physical copy of DD Form 214.
(3) The order of priority for modernizing items identified
under paragraphs (1) and (2) as determined by the Secretary.
(4) The estimated cost, as determined by the Secretary, to
automate items identified under paragraphs (1) and (2).
SEC. 566. RECORDS OF SERVICE FOR RESERVES.
(a) Establishment.--Not later than September 30, 2020, the
Secretary of Defense shall establish and implement a standard
record of service for members of the reserve components of
the Armed Forces, similar to DD Form 214, that summarizes the
record of service of each such member, including dates of
active duty service.
(b) Coordination.--In carrying out this section, the
Secretary of Defense shall coordinate with the Secretary of
Veterans Affairs to ensure that the record established under
this section is acceptable as proof of service for former
members of the reserve components of the Armed Forces who are
eligible for benefits under laws administered by the
Secretary of Veterans Affairs to receive such benefits.
Subtitle H--Military Family Readiness and Dependents' Education
SEC. 571. AUTHORIZING MEMBERS TO TAKE LEAVE FOR A BIRTH OR
ADOPTION IN MORE THAN ONE INCREMENT.
Section 701(i) of title 10, United States Code, is amended
by striking paragraph (5).
SEC. 572. DEFERRED DEPLOYMENT FOR MEMBERS WHO GIVE BIRTH.
Section 701 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(l) A member of the armed forces who gives birth while on
active duty may not be deployed during the period of 12
months beginning on the date of such birth except--
``(1) at the election of such member; and
``(2) with the approval of a health care provider employed
at a military medical treatment facility.''.
SEC. 573. AUTHORITY OF THE SECRETARY CONCERNED TO TRANSPORT
REMAINS OF A COVERED DECEDENT TO NO MORE THAN
TWO PLACES SELECTED BY THE PERSON DESIGNATED TO
DIRECT DISPOSITION OF THE REMAINS.
(a) Authority.--Section 1482(a)(8) of title 10, United
States Code, is amended to read as follows:
``(8)(A) Transportation of the remains, and travel and
transportation allowances as specified in regulations
prescribed under section 464 of title 37 for an escort of one
person, to the place, subject to subparagraph (B), selected
by the person designated to direct disposition of the remains
or, if such a selection is not made, to a national or other
cemetery which is selected by the Secretary and in which
burial of the decedent is authorized.
``(B) The person designated to direct disposition of the
remains may select two places under subparagraph (A) if the
second place is a national cemetery. If that person selects
two places, the Secretary concerned may pay for
transportation to the second place only by means of
reimbursement under to subsection (b).
``(C) When transportation of the remains includes
transportation by aircraft under section 562 of the John
Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 10 U.S.C. 1482 note), the Secretary
concerned shall provide, to the maximum extent practicable,
for delivery of the remains by air to the commercial, general
aviation, or military airport nearest to the place selected
by the designee.''.
(b) Military Escort and Honor Guard Only to First
Location.--Section 562(b) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
10 U.S.C. 1482 note) is amended by adding at the end the
following: ``If the person designated to direct disposition
of the remains selects two places under such section, the
term means only the first of those two places.''.
SEC. 574. CLARIFICATION REGARDING ELIGIBILITY TO TRANSFER
ENTITLEMENT UNDER POST-9/11 EDUCATIONAL
ASSISTANCE PROGRAM.
Section 3319(j) of title 38, United States Code, is amended
by adding at the end the following new paragraph:
``(3) The Secretary of Defense may not prescribe any
regulation that would provide for a limitation on eligibility
to transfer unused education benefits to family members based
on a maximum number of years of service in the Armed
Forces.''.
SEC. 575. ABSENTEE BALLOT TRACKING PROGRAM.
(a) Establishment and Operation of Program.--Section 102(h)
of the Uniformed and Overseas Citizens Absentee Voting Act
(52 U.S.C. 20302(h)) is amended to read as follows:
``(h) Absentee Ballot Tracking Program.--
``(1) Requiring establishment and operation of program.--
The chief State election official, in coordination with local
election jurisdictions, shall establish and operate an
absentee ballot tracking program described in paragraph (2)
for the use of absent uniformed services voters and overseas
voters.
``(2) Program described.--
``(A) Information on transmission and receipt of absentee
ballots.--An absentee ballot tracking program described in
this paragraph is a program under which--
``(i) the State or local election official responsible for
the transmission of absentee ballots in an election for
Federal office operates procedures to track and confirm the
transmission of such ballots and to make information on the
transmission of such a ballot available by means of online
access using the internet site of the official's office; and
``(ii) the State or local election official responsible for
the receipt of absentee ballots in an election for Federal
office operates procedures to track and confirm the receipt
of such ballots and (subject to subparagraph (B)) to make
information on the receipt of such a ballot available by
means of online access using the internet site of the
official's office.
``(B) Specific information on receipt of voted absentee
ballots.--The information required to be made available under
clause (ii) of subparagraph (A) with respect to the receipt
of a voted absentee ballot in an election for Federal office
shall include information regarding whether the vote cast on
the ballot was counted, and, in the case of a vote which was
not counted, the reasons therefor. The appropriate State or
local election official shall make the information described
in the previous sentence available during the 30-day period
that begins on the date on which the results of the election
are certified, or during such earlier 30-day period as the
official may provide.
``(3) Use of toll-free telephone number by officials
without internet site.--A program established and operated by
a State or local election official whose office does not have
an internet site may meet the requirements of paragraph (2)
if the official has established and operates a toll-free
telephone number that may be used to obtain the information
on the transmission or receipt of the absentee ballot which
is required under such paragraph.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to elections held during 2020 or any
succeeding year.
SEC. 576. ANNUAL STATE REPORT CARD.
Section 1111(h)(1)(C)(ii) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)(ii)) is
amended by striking ``on active duty (as defined in section
101(d)(5) of such title)''.
SEC. 577. TRANSPORTATION OF REMAINS OF CASUALTIES; TRAVEL
EXPENSES FOR NEXT OF KIN.
(a) Transportation for Remains of a Member Who Dies Not in
a Theater of Combat Operations.--Section 562 of the John
Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 10 U.S.C. 1482 note) is amended--
(1) in the heading, by striking ``dying in a theater of
combat operations''; and
(2) in subsection (a), by striking ``in a combat theater of
operations'' and inserting ``outside of the United States''.
(b) Transportation for Family.--The Secretary of Defense
shall revise Department of Defense Instruction 1300.18 to
extend travel privileges via Invitational Travel
Authorization to family members of members of the Armed
Forces who die outside of the United States and whose remains
are returned to the United States through the mortuary
facility at Dover Air Force Base, Delaware.
[[Page H5385]]
SEC. 578. MEETINGS OF OFFICIALS OF THE DEPARTMENT OF DEFENSE
WITH SURVIVORS OF DECEASED MEMBERS OF THE ARMED
FORCES.
(a) Chiefs of the Armed Forces.--The Secretary of Defense
shall direct the chiefs of the Armed Forces to meet
periodically with survivors of deceased members of the Armed
Forces to receive feedback from those survivors regarding
issues affecting such survivors. The Chief of the National
Guard Bureau shall meet with survivors of deceased members of
the Air National Guard and the Army National Guard.
(b) Under Secretary of Defense for Personnel and
Readiness.--The Under Secretary of Defense for Personnel and
Readiness shall meet periodically with survivors of deceased
members of the Armed Forces to discuss policies of the
Department of Defense regarding military casualties and Gold
Star families.
(c) Briefing.--Not later than April 1, 2020, the Under
Secretary of Defense for Personnel and Readiness shall brief
the Committee on Armed Services of the House of
Representatives regarding policies established and the
results of the meetings under subsection (b).
SEC. 579. DIRECT EMPLOYMENT PILOT PROGRAM FOR MEMBERS OF THE
NATIONAL GUARD AND RESERVE, VETERANS, THEIR
SPOUSES AND DEPENDENTS, AND MEMBERS OF GOLD
STAR FAMILIES.
(a) In General.--The Secretary of Defense may carry out a
pilot program to enhance the efforts of the Department of
Defense to provide job placement assistance and related
employment services directly to the following:
(1) Members of the National Guard and Reserves in reserve
active status.
(2) Veterans of the Armed Forces.
(3) Spouses and other dependents of individuals referred to
in paragraphs (1) and (2).
(4) Members of Gold Star Families.
(b) Administration.--The pilot program shall be offered to,
and administered by, the adjutants general appointed under
section 314 of title 32, United States Code, or other
officials in the States concerned designated by the Secretary
for purposes of the pilot program.
(c) Cost-Sharing Requirement.--As a condition on the
provision of funds under this section to a State to support
the operation of the pilot program in the State, the State
must agree to contribute an amount, derived from non-Federal
sources, equal to at least 50 percent of the funds provided
by the Secretary to the State under this section.
(d) Direct Employment Program Model.--The pilot program
should follow a job placement program model that focuses on
working one-on-one with individuals specified in subsection
(a) to cost-effectively provide job placement services,
including services such as identifying unemployed and
underemployed individuals, job matching services, resume
editing, interview preparation, and post-employment follow
up. Development of the pilot program should be informed by
existing State direct employment programs for members of the
reserve components and veterans.
(e) Training.--The pilot program should draw on the
resources provided to transitioning members of the Armed
Forces with civilian training opportunities through the
SkillBridge trainsition training program administered by the
Department of Defense.
(f) Evaluation.--The Secretary shall develop outcome
measurements to evaluate the success of the pilot program.
(g) Reporting Requirements.--
(1) Report required.--Not later than March 1, 2021, the
Secretary of Defense shall submit to the congressional
defense committees a report describing the results of the
pilot program. The Secretary shall prepare the report in
coordination with the Secretary of Veterans Affairs and the
Chief of the National Guard Bureau.
(2) Elements of report.--A report under paragraph (1) shall
include the following:
(A) A description and assessment of the effectiveness and
achievements of the pilot program, including the number of
members of the reserve components and veterans of the Armed
Forces hired and the cost-per-placement of participating
members and veterans.
(B) An assessment of the impact of the pilot program and
increased reserve component employment levels on the
readiness of members of the reserve components and on the
retention of members of the Armed Forces.
(C) A comparison of the pilot program to other programs
conducted by the Department of Defense and Department of
Veterans Affairs to provide unemployment and underemployment
support to members of the reserve components and veterans of
the Armed Forces, including the best practices developed
through and used in such programs.
(D) Any other matters considered appropriate by the
Secretary of Defense.
(h) Duration of Authority.--The authority to carry out the
pilot program expires on September 30, 2023, except that the
Secretary may, at the Secretary's discretion, extend the
pilot program for not more than two additional fiscal years.
SEC. 580. CONTINUED ASSISTANCE TO SCHOOLS WITH SIGNIFICANT
NUMBERS OF MILITARY DEPENDENT STUDENTS.
(a) Assistance to Schools With Significant Numbers of
Military Dependent Students.--Of the amount authorized to be
appropriated for fiscal year 2020 in Division D of this Act
and available for operation and maintenance for Defense-wide
activities as specified in the funding table in Section 4301
of this Act, $40,000,000 shall be available only for the
purpose of providing assistance to local educational agencies
under subsection (a) of section 572 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163;
20 U.S.C. 7703b).
(b) Impact Aid for Children With Severe Disabilities.--Of
the amount authorized to be appropriated for fiscal year 2020
in Division D of this Act and available for operation and
maintenance for Defense-wide activities as specified in the
funding table in Section 4301 of this Act, $10,000,000 shall
be available for payments under section 363 of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year
2001 (Public Law 106-398; 20 U.S.C. 7703a).
(c) Local Educational Agency Defined.--In this section, the
term ``local educational agency'' has the meaning given that
term in section 7013(9) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7713(9)).
Subtitle I--Decorations and Awards
SEC. 581. EXPANSION OF GOLD STAR LAPEL BUTTON ELIGIBILITY TO
STEPSIBLINGS; FREE REPLACEMENT.
(a) Eligibility of Stepsiblings.--Subsection (d)(3) of
section 1126 of title 10, United States Code, is amended by
striking ``and half sisters'' and inserting ``half sisters,
stepbrothers, and stepsisters''.
(b) Free Replacement.--Subsection (c) of such section is
amended by striking ``and payment of an amount sufficient to
cover the cost of manufacture and distribution'' and
inserting ``at no cost to that person''.
SEC. 582. ESTABLISHMENT OF THE ATOMIC VETERANS SERVICE MEDAL.
(a) Service Medal Required.--The Secretary of Defense shall
design and produce a military service medal, to be known as
the ``Atomic Veterans Service Medal'', to honor retired and
former members of the Armed Forces who are radiation-exposed
veterans (as such term is defined in section 1112(c)(3) of
title 38, United States Code).
(b) Distribution of Medal.--
(1) Issuance to retired and former members.--At the request
of a radiation-exposed veteran, the Secretary of Defense
shall issue the Atomic Veterans Service Medal to the veteran.
(2) Issuance to next-of-kin.--In the case of a radiation-
exposed veteran who is deceased, the Secretary may provide
for issuance of the Atomic Veterans Service Medal to the
next-of-kin of the person.
(3) Application.--The Secretary shall prepare and
disseminate as appropriate an application by which radiation-
exposed veterans and their next-of-kin may apply to receive
the Atomic Veterans Service Medal.
SEC. 583. REVIEW OF WORLD WAR I VALOR MEDALS.
(a) Review Required.--Each Secretary concerned shall review
the service records of each World War I veteran described in
subsection (b) under the jurisdiction of such Secretary who
is recommended for such review by the Valor Medals Review
Task Force referred to in subsection (c), or another veterans
service organization, in order to determine whether such
veteran should be awarded the Medal of Honor for valor during
World War I.
(b) Covered World War I Veterans.--The World War I veterans
whose service records are to be reviewed under subsection (a)
are the following:
(1) Any African American war veteran, Asian American war
veteran, Hispanic American war veteran, Jewish American war
veteran, or Native American war veteran who was awarded the
Distinguished Service Cross or the Navy Cross for an action
that occurred between April 6, 1917, and November 11, 1918.
(2) Any African American war veteran, Asian American war
veteran, Hispanic American war veteran, Jewish American war
veteran, or Native American war veteran who was awarded the
Croix de Guerre with Palm (that is, awarded at the Army level
or above) by the Government of France for an action that
occurred between April 6, 1917, and November 11, 1918.
(3) Any African American war veteran, Asian American war
veteran, Hispanic American war veteran, Jewish American war
veteran, or Native American war veteran who was recommended
for a Medal of Honor for an action that occurred from April
6, 1917, to November 11, 1918, if the Department of Defense
possesses or receives records relating to such
recommendation.
(c) Consultations.--In carrying out the review under
subsection (a), each Secretary concerned may consult with the
Valor Medals Review Task Force, jointly established by the
United States Foundation for the Commemoration of the World
Wars (in consultation with the United States World War One
Centennial Commission) and the George S. Robb Centre for the
Study of the Great War, and with such other veterans service
organizations as such Secretary determines appropriate, until
the conclusion of the review.
(d) Recommendation Based on Review.--If a Secretary
concerned determines, based upon the review under subsection
(a), that the award of the Medal of Honor to a covered World
War I veteran is warranted, such Secretary shall submit to
the President a recommendation that the President award the
Medal of Honor to that veteran.
(e) Authority to Award Medal of Honor.--The Medal of Honor
may be awarded to a World War I veteran in accordance with a
recommendation of a Secretary concerned under subsection (d).
(f) Waiver of Time Limitations.--An award of the Medal of
Honor may be made under subsection (e) without regard to--
(1) section 7274 or 8298 of title 10, United States Code,
as applicable; and
(2) any regulation or other administrative restriction on--
(A) the time for awarding the Medal of Honor; or
(B) the awarding of the Medal of Honor for service for
which a Distinguished Service Cross or Navy Cross has been
awarded.
(g) Definitions.--
(1) In general.--In this section:
(A) African american war veteran.--The term ``African
American war veteran'' means
[[Page H5386]]
any person who served in the United States Armed Forces
between April 6, 1917, and November 11, 1918, and who
identified himself as of African descent on his military
personnel records.
(B) Asian american war veteran.--The term ``Asian American
war veteran'' means any person who served in the United
States Armed Forces between April 6, 1917, and November 11,
1918, and who identified himself racially, nationally, or
ethnically as originating from a country in Asia on his
military personnel records.
(C) Hispanic american war veteran.--The term ``Hispanic
American war veteran'' means any person who served in the
United States Armed Forces between April 6, 1917, and
November 11, 1918, and who identified himself racially,
nationally, or ethnically as originating from a country where
Spanish is an official language on his military personnel
records.
(D) Jewish american war veteran.--The term ``Jewish
American war veteran'' mean any person who served in the
United States Armed Forces between April 6, 1917, and
November 11, 1918, and who identified himself as Jewish on
his military personnel records.
(E) Native american war veteran.--The term ``Native
American war veteran'' means any person who served in the
United States Armed Forces between April 6, 1917, and
November 11, 1918, and who identified himself as a member of
a federally recognized tribe within the modern territory of
the United States on his military personnel records.
(F) Secretary concerned.--The term ``Secretary concerned''
means--
(i) the Secretary of the Army, in the case of members of
the Armed Forces who served in the Army between April 6,
1917, and November 11, 1918; and
(ii) the Secretary of the Navy, in the case of members of
the Armed Forces who served in the Navy or the Marine Corps
between April 6, 1917, and November 11, 1918.
(2) Application of definitions of origin.--If the military
personnel records of a person do not reflect the person's
membership in one of the groups identified in subparagraphs
(B) through (F) of paragraph (1) but historical evidence
exists that demonstrates the person's Jewish faith held at
the time of service, or that the person identified himself as
of African, Asian, Hispanic, or Native American descent, the
person may be treated as being a member of the applicable
group by the Secretary concerned (in consultation with the
organizations referred to in subsection (c)) for purposes of
this section.
Subtitle J--Miscellaneous Reports and Other Matters
SEC. 591. REPEAL OF QUARTERLY REPORT ON END STRENGTHS.
Section 115(e) of title 10, United States Code, is amended
by striking paragraph (3).
SEC. 592. REVISION OF WORKPLACE AND GENDER RELATIONS SURVEYS.
(a) Surveys of Members of the Armed Forces.--Section 481(c)
of title 10, United States Code, is amended--
(1) in the matter preceding paragraph (1), by inserting
``unwanted sexual contact,'' after ``assault,'';
(2) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively;
(3) by inserting after paragraph (2), the following new
paragraph (3):
``(3) The specific types of unwanted sexual contact that
have occurred, and the number of times each respondent has
been subjected to unwanted sexual contact during the
preceding year.'';
(4) in paragraph (5), as so redesignated, by striking ``and
assault'' and inserting ``assault, and unwanted sexual
contact'';
(5) in paragraph (6), as so redesignated, by striking ``or
assault'' and inserting ``assault, or unwanted sexual
contact''.
(b) Surveys of Civilian Employees of the Department of
Defense.--Section 481a of title 10, United States Code, is
amended--
(1) in subsection (a)(1), by striking ``and
discrimination'' and inserting ``discrimination, and unwanted
sexual contact'';
(2) in subsection (b)--
(A) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively;
(B) by inserting after paragraph (2) the following new
paragraph (3):
``(3) The specific types of unwanted sexual contact that
civilian employees of the Department were subjected to by
other personnel of the Department (including contractor
personnel), and the number of times each respondent has been
subjected to unwanted sexual contact during the preceding
fiscal year.'';
(C) in paragraph (5), as so redesignated, by striking ``and
discrimination'' and inserting ``discrimination, and unwanted
sexual contact''; and
(D) in paragraph (6), as so redesignated, by striking ``or
discrimination'' and inserting ``discrimination, or unwanted
sexual contact''.
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect on the date of the enactment of
this Act and shall apply with respect to surveys under
sections 481 and 481a of title 10, United States Code, that
are initiated after such date.
SEC. 593. MODIFICATION OF ELEMENTS OF REPORTS ON THE IMPROVED
TRANSITION ASSISTANCE PROGRAM.
Section 552(b)(4) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
is amended--
(1) by redesignating subparagraphs (A) through (D) as
subparagraphs (B) through (E), respectively;
(2) by inserting before subparagraph (B), as redesignated
by paragraph (1), the following new subparagraph (A):
``(A) The total number of members eligible to attend
Transition Assistance Program counseling.''; and
(3) by adding at the end the following new subparagraphs:
``(F) The number of members who participated in programs
under section 1143(e) of title 10, United States Code
(commonly referred to as `Job Training, Employment Skills,
Apprenticeships and Internships (JTEST-AI)' or `Skill
Bridge').
``(G) Such other information as is required to provide
Congress with a comprehensive description of the
participation of the members in the Transition Assistance
Program and programs described in subparagraph (F).''.
SEC. 594. QUESTIONS IN WORKPLACE SURVEYS REGARDING
SUPREMACIST, EXTREMIST, AND RACIST ACTIVITY.
The Secretary of Defense shall include, in the workplace
and equal opportunity, command climate, and workplace and
gender relations surveys administered by the Office of People
Analytics of the Department of Defense, questions regarding
whether respondents have ever--
(1) experienced or witnessed in the workplace--
(A) supremacist activity;
(B) extremist activity; or
(C) racism; and
(2) reported activity described in paragraph (1).
SEC. 595. COMMAND MATTERS IN CONNECTION WITH TRANSITION
ASSISTANCE PROGRAMS.
(a) Inclusion of Support for Participation in Programs in
Command Climate Assessments.--Not later than 180 days after
the date of the enactment of this Act, each command climate
assessment for the commander of a military installation shall
include an assessment of the extent to which the commander
and other command personnel at the installation encourage and
support the participation in covered transition assistance
programs of members of the Armed Forces at the installation
who are eligible for participation in such programs.
(b) Training on Programs.--The training provided a
commander of a military installation in connection with the
commencement of assignment to the installation shall include
a module on the covered transition assistance programs
available for members of the Armed Forces assigned to the
installation.
(c) Covered Transition Assistance Programs Defined.--In
this section, the term ``covered transition assistance
programs'' means the following:
(1) The Transition Assistance Program.
(2) The programs under section 1143(e) of title 10, United
States Code (commonly referred to as ``Job Training,
Employment Skills, Apprenticeships and Internships (JTEST-
AI)'' or ``Skill Bridge'').
(3) Any program of apprenticeship, on-the-job-training,
internship, education, or transition assistance offered
(whether by public or private entities) in the vicinity of
the military installation concerned in which members of the
Armed Forces at the installation are eligible to participate.
(4) Any other program of apprenticeship, on-the-job
training, internship, education, or transition assistance
specified by the Secretary of Defense for purposes of this
section.
SEC. 596. EXPRESSING SUPPORT FOR THE DESIGNATION OF A ``GOLD
STAR FAMILIES REMEMBRANCE DAY''.
(a) Findings.--Congress finds the following:
(1) March 2, 2020, marked the 91st anniversary of President
Calvin Coolidge signing an Act of Congress that approved and
funded the first Gold Star pilgrimage to enable Gold Star
families to travel to the gravesites of their loved ones who
died during World War I.
(2) The members of the Armed Forces of the United States
bear the burden of protecting the freedom of the people of
the United States.
(3) The sacrifices of the families of the fallen members of
the Armed Forces of the United States should never be
forgotten.
(b) Sense of Congress.--It is the sense of Congress to--
(1) support the designation of a ``Gold Star Families
Remembrance Day'';
(2) honor and recognize the sacrifices made by the families
of members of the Armed Forces of the United States who gave
their lives to defend freedom and protect America; and
(3) encourage the people of the United States to observe
``Gold Star Families Remembrance Day'' by--
(A) performing acts of service and good will in their
communities; and
(B) celebrating the lives of those who have made the
ultimate sacrifice so that others could continue to enjoy
life, liberty, and the pursuit of happiness.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. CLARIFICATION OF CONTINUATION OF PAYS DURING
HOSPITALIZATION AND REHABILITATION RESULTING
FROM WOUNDS, INJURY, OR ILLNESS INCURRED WHILE
ON DUTY IN A HOSTILE FIRE AREA OR EXPOSED TO AN
EVENT OF HOSTILE FIRE OR OTHER HOSTILE ACTION.
Section 372(b)(1) of title 37, United States Code, is
amended to read as follows:
``(1) The date on which the member is returned for
assignment to other than a medical or patient unit for duty;
however, in the case of a member under the jurisdiction of a
Secretary of a military department, the date on which the
member is determined fit for duty.''.
SEC. 602. BASIC NEEDS ALLOWANCE FOR LOW-INCOME REGULAR
MEMBERS.
(a) In General.--Chapter 7 of title 37, United States Code,
is amended by inserting after section 402a the following new
section:
``Sec. 402b. Basic needs allowance for low-income regular
members
``(a) Allowance Required.--(1) Subject to paragraph (2),
the Secretary of Defense shall
[[Page H5387]]
pay to each covered member a basic needs allowance in the
amount determined for such member under subsection (b).
``(2) In the event a household contains two or more covered
members entitled to receive the allowance under this section
in a given year, only one allowance may be paid for that year
to a covered member among such covered members whom such
covered members shall jointly elect.
``(b) Amount of Allowance for a Covered Member.--(1) The
amount of the monthly allowance payable to a covered member
under subsection (a) for a year shall be the aggregate amount
equal to--
``(A) the aggregate amount equal to--
``(i) 130 percent of the Federal poverty guidelines of the
Department of Health and Human Services for the location and
number of persons in the household of the covered member for
such year; minus
``(ii) the gross household income of the covered member
during the preceding year; and
``(B) divided by 12.
``(2) The monthly allowance payable to a covered member for
a year shall be payable for each of the 12 months following
March of such year.
``(c) Notice of Eligibility.--(1)(A) Not later than
December 31 each year, the Director of the Defense Finance
and Accounting Service shall notify, in writing, each
individual whom the Director estimates will be a covered
member during the following year of the potential entitlement
of that individual to the allowance described in subsection
(a) for that following year.
``(B) The preliminary notice under subparagraph (A) shall
include information regarding financial management and
assistance programs administered by the Secretary of Defense
for which a covered member is eligible.
``(2) Not later than January 31 each year, each individual
who seeks to receive the allowance for such year (whether or
not subject to a notice for such year under paragraph (1))
shall submit to the Director such information as the Director
shall require for purposes of this section in order to
determine whether or not such individual is a covered member
for such year.
``(3) Not later than February 28 each year, the Director
shall notify, in writing, each individual the Director
determines to be a covered member for such year.
``(d) Election Not To Receive Allowance.--(1) A covered
member otherwise entitled to receive the allowance under
subsection (a) for a year may elect, in writing, not to
receive the allowance for such year. Any election under this
subsection shall be effective only for the year for which
made. Any election for a year under this subsection is
irrevocable.
``(2) A covered member who does not submit information
described in subsection (d)(2) for a year as otherwise
required by that subsection shall be deemed to have elected
not to receive the allowance for such year.
``(e) Definitions.--In this section:
``(1) The term `covered member' means a regular member of
the Army, Navy, Marine Corps, or Air Force--
``(A) who has completed initial entry training;
``(B) whose gross household income during the most recent
year did not exceed an amount equal to 130 percent of the
Federal poverty guidelines of the Department of Health and
Human Services for the location and number of persons in the
household of the covered member for such year; and
``(C) who does not elect under subsection (d) not to
receive the allowance for such year.
``(2) The term `gross household income' of a covered member
for a year for purposes of paragraph (1)(B) does not include
any basic allowance for housing received by the covered
member (and any dependents of the covered member in the
household of the covered member) during such year under
section 403 of this title.
``(f) Regulations.--The Secretary of Defense shall
prescribe regulations for the administration of this section.
Subject to subsection (e)(2), such regulations shall specify
the income to be included in, and excluded from, the gross
household income of individuals for purposes of this
section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 7 of such title is amended by inserting
after the item relating to section 402a the following new
item:
``402b. Basic needs allowance for low-income regular members.''.
SEC. 603. TEMPORARY INCREASE OF RATES OF BASIC ALLOWANCE FOR
HOUSING FOLLOWING DETERMINATION THAT LOCAL
CIVILIAN HOUSING COSTS SIGNIFICANTLY EXCEED
SUCH RATES.
Section 403(b) of title 37, United States Code, is amended
by adding at the end the following new paragraph:
``(8)(A) The Secretary of Defense may prescribe a temporary
increase in the current rates of basic allowance for housing
for a military housing area or a portion thereof (in this
paragraph, `BAH rates') if the Secretary determines that the
actual costs of adequate housing for civilians in that
military housing area or portion thereof exceed the current
BAH rates by more than 20 percent.
``(B) Any temporary increase in BAH rates under this
paragraph shall remain in effect only until the effective
date of the first adjustment of BAH rates for the affected
military housing area that occurs after the date of the
increase under this paragraph.
``(C) This paragraph shall cease to be effective on
September 30, 2022.''.
SEC. 604. BASIC ALLOWANCE FOR HOUSING FOR A MEMBER WITHOUT
DEPENDENTS WHEN RELOCATION WOULD FINANCIALLY
DISADVANTAGE THE MEMBER.
Section 403(o) of title 37, United States Code, is
amended--
(1) by inserting ``(1)'' before ``In''; and
(2) by adding at the end the following new paragraph:
``(2)(A) In the case of a member described in subparagraph
(B), the member may be treated for the purposes of this
section as if the unit to which the member is assigned did
not undergo a change of home port or a change of permanent
duty station if the Secretary concerned determines that it
would be inequitable to base the member's entitlement to, and
amount of, a basic allowance for housing on the new home port
or permanent duty station.
``(B) A member described in this subparagraph--
``(i) has no dependents;
``(ii) is assigned to a unit that undergoes a change of
home port or a change of permanent duty station; and
``(iii) is in receipt of orders to return to the previous
home port or duty station.''.
SEC. 605. PARTIAL DISLOCATION ALLOWANCE.
(a) Current Authority.--Section 477(f)(1) of title 37,
United States Code, is amended by striking ``family''.
(b) Future Authority.--Section 452(c) of title 37, United
States Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3)(A) A partial dislocation allowance paid to a member
ordered to occupy or vacate housing provided by the United
States.
``(B) Beginning on January 1, 2022, the partial dislocation
allowance under subparagraph (A) shall, subject to
subparagraph (C), be equal in value to the allowance under
section 477(f) of this title on December 31, 2021, as
adjusted in regulations prescribed by the Secretary concerned
under the authority established by that section.
``(C) Effective on the same date in 2022 and any subsequent
year that the monthly rates of basic pay for all members are
increased under section 1009 of this title or another
provision of law, the Secretary of Defense shall adjust the
rate of the partial dislocation allowance under this
paragraph by the percentage equal to the average percentage
increase in the rates of basic pay.''.
SEC. 606. INCREASE IN BASIC PAY.
Effective on January 1, 2020, the rates of monthly basic
pay for members of the uniformed services are increased by
3.1 percent.
Subtitle B--Bonuses and Special Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND
SPECIAL PAY AUTHORITIES.
(a) Authorities Relating to Reserve Forces.--Section 910(g)
of title 37, United States Code, relating to income
replacement payments for reserve component members
experiencing extended and frequent mobilization for active
duty service, is amended by striking ``December 31, 2019''
and inserting ``December 31, 2020''.
(b) Title 10 Authorities Relating to Health Care
Professionals.--The following sections of title 10, United
States Code, are amended by striking ``December 31, 2019''
and inserting ``December 31, 2020'':
(1) Section 2130a(a)(1), relating to nurse officer
candidate accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the
Selected Reserve.
(c) Authorities Relating to Nuclear Officers.--Section
333(i) of title 37, United States Code, is amended by
striking ``December 31, 2019'' and inserting ``December 31,
2020''.
(d) Authorities Relating to Title 37 Consolidated Special
Pay, Incentive Pay, and Bonus Authorities.--The following
sections of title 37, United States Code, are amended by
striking ``December 31, 2019'' and inserting ``December 31,
2020'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(4) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.
(5) Section 336(g), relating to contracting bonus for
cadets and midshipmen enrolled in the Senior Reserve
Officers' Training Corps.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special
duty pay.
(8) Section 353(i), relating to skill incentive pay or
proficiency bonus.
(9) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to
high priority units.
(e) Authority to Provide Temporary Increase in Rates of
Basic Allowance for Housing.--Section 403(b)(7)(E) of title
37, United States Code, is amended by striking ``December 31,
2019'' and inserting ``December 31, 2020''.
Subtitle C--Family and Survivor Benefits
SEC. 621. PAYMENT OF TRANSITIONAL COMPENSATION FOR CERTAIN
DEPENDENTS.
Section 1059(m) of title 10, United States Code, is
amended--
(1) in the subsection heading, by inserting ``Members or''
after ``Dependents of'';
(2) by inserting ``member or'' before ``former member''
each place it appears; and
(3) by amending paragraph (3) to read as follows:
``(3) For the purposes of this subsection, a member is
considered separated from active duty upon the earliest of--
``(A) the date an administrative separation is initiated by
a commander of the member;
``(B) the date the court-martial sentence is adjudged if
the sentence, as adjudged, includes a
[[Page H5388]]
dismissal, dishonorable discharge, bad conduct discharge, or
forfeiture of all pay and allowances; or
``(C) the date the member's term of service expires.''.
SECTION 622. DEATH GRATUITY FOR ROTC GRADUATES.
(a) In General.--Section 1475(a)(4) of title 10, United
States Code, is amended by adding ``; or a graduate of a
reserve officers' training corps who has yet to receive a
first duty assignment; or'' at the end.
(b) Effective Date.--The amendment under subsection (a)
applies to deaths that occur on or after the date of the
enactment of this Act.
SEC. 623. CONTINUED ELIGIBILITY FOR EDUCATION AND TRAINING
OPPORTUNITIES FOR SPOUSES OF PROMOTED MEMBERS.
Section 1784a(b) of title 10, United States Code, is
amended--
(1) by inserting ``(1)'' before ``Assistance''; and
(2) by adding at the end the following new paragraph:
``(2) A spouse who is eligible for a program under this
section and begins a course of education or training for a
degree, license, or credential described in subsection (a)
may not become ineligible to complete such course of
education or training solely because the member to whom the
spouse is married is promoted to a higher grade.''.
SEC. 624. OCCUPATIONAL IMPROVEMENTS FOR RELOCATED SPOUSES OF
MEMBERS OF THE UNIFORMED SERVICES.
(a) Improvement of Occupational License Portability for
Military Spouses Through Interstate Compacts.--Section 1784
of title 10, United States Code, is amended by adding at the
end the following new subsection:
``(h) Improvement of Occupational License Portability
Through Interstate Compacts.--
``(1) In general.--The Secretary of Defense may enter into
a cooperative agreement with the Council of State Governments
to assist with funding of the development of interstate
compacts on licensed occupations in order to alleviate the
burden associated with relicensing in such an occupation by
spouse of a members of the armed forces in connection with a
permanent change of duty station of members to another State.
``(2) Limitation.--The amount provided under paragraph (1)
as assistance for the development of any particular
interstate compact may not exceed $1,000,000.
``(3) Annual report.--Not later than February 28 each year,
the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on interstate compacts described in paragraph (1)
developed through assistance provided under that paragraph.
Each report shall set forth the following:
``(A) Any interstate compact developed during the preceding
calendar year, including the occupational licenses covered by
such compact and the States agreeing to enter into such
compact.
``(B) Any interstate compact developed during a prior
calendar year into which one or more additional States agreed
to enter during the preceding calendar year.
``(4) Expiration.--The authority to enter into a
cooperative agreement under paragraph (1), and to provide
assistance described in that paragraph pursuant to such
cooperative agreement, shall expire on September 30, 2024.''.
(b) Guarantee of Residency for Registration of Businesses
of Spouses of Members of Uniformed Services.--
(1) In general.--Title VI of the Servicemembers Civil
Relief Act (50 U.S.C. 4021 et seq.) is amended by adding at
the end the following new section:
``SEC. 707. GUARANTEE OF RESIDENCY FOR BUSINESSES OF SPOUSES
OF SERVICEMEMBERS.
``For the purposes of registering a business--
``(1) a person who is absent from a State because the
person is accompanying the person's spouse who is absent from
that same State in compliance with military or naval orders
shall not, solely by reason of that absence--
``(A) be deemed to have lost a residence or domicile in
that State, without regard to whether or not the person
intends to return to that State;
``(B) be deemed to have acquired a residence or domicile in
any other State; or
``(C) be deemed to have become a resident in or a resident
of any other State; and
``(2) the spouse of a servicemember may elect to use the
same residence as the servicemember regardless of the date on
which the marriage of the spouse and the servicemember
occurred.''.
(2) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by inserting after the item
relating to section 706 the following new item:
``Sec. 707. Guarantee of residency for businesses of spouses of
servicemembers.''.
SEC. 625. EXPANSION OF AUTHORITY TO PROVIDE FINANCIAL
ASSISTANCE TO CIVILIAN PROVIDERS OF CHILD CARE
SERVICES OR YOUTH PROGRAM SERVICES WHO PROVIDE
SUCH SERVICES TO SURVIVORS OF MEMBERS OF THE
ARMED FORCES WHO DIE IN LINE OF DUTY.
Section 1798(a) of title 10, United States Code, is amended
by inserting ``, survivors of members of the armed forces who
die in line of duty while on active duty, active duty for
training, or inactive duty for training,'' after ``armed
forces''.
SEC. 626. SPACE-AVAILABLE TRAVEL ON MILITARY AIRCRAFT FOR
CHILDREN AND SURVIVING SPOUSES OF MEMBERS WHO
DIE OF HOSTILE ACTION OR TRAINING DUTY.
Section 2641b(c) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (6) as paragraph (7); and
(2) by inserting after paragraph (5) the following new
paragraph (6):
``(6) Children (as described by section 1072(2)(D) or
section 1110b(b) of this title, as the case may be) and
surviving spouses of members of the armed forces who die as a
result of hostile action or training duty.''.
SEC. 627. CONSIDERATION OF SERVICE ON ACTIVE DUTY TO REDUCE
AGE OF ELIGIBILITY FOR RETIRED PAY FOR NON-
REGULAR SERVICE.
Section 12731(f)(2)(B)(i) of title 10, United States Code,
is amended by striking ``under a provision of law referred to
in section 101(a)(13)(B) or under section 12301(d)'' and
inserting ``under section 12301(d) or 12304b of this title,
or under a provision of law referred to in section
101(a)(13)(B)''.
SEC. 628. MODIFICATION TO AUTHORITY TO REIMBURSE FOR STATE
LICENSURE AND CERTIFICATION COSTS OF A SPOUSE
OF A MEMBER ARISING FROM RELOCATION.
Section 476(p) of title 37, United States Code, is
amended--
(1) in paragraph (1), by striking ``armed forces'' and
inserting ``uniformed services'';
(2) in paragraph (2), by striking ``$500'' and inserting
``$1,000'';
(3) in paragraph (3)--
(A) in subparagraph (A), by striking ``and'';
(B) in subparagraph (B), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(C) an analysis of whether the maximum reimbursement
amount under paragraph (2) is sufficient to cover the average
costs of relicensing described in paragraph (1).''; and
(4) in paragraph (4), by striking ``December 31, 2022'' and
inserting ``December 31, 2024''.
SEC. 629. IMPROVEMENTS TO CHILD CARE FOR MEMBERS OF THE ARMED
FORCES.
(a) Expansion of Authority to Provide Financial Assistance
to Civilian Providers of Child Care Services or Youth Program
Services Who Provide Such Services to Survivors of Members of
the Armed Forces Who Die in the Line of Duty.--Section
1798(a) of title 10, United States Code, is amended by
inserting ``, survivors of members of the armed forces who
die in the line of duty while on active military, naval, or
air service (as that term is defined in section 101 of title
38),'' after ``armed forces''.
(b) Expansion of Direct Hiring Authority for Child Care
Service Providers.--Section 559 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10
U.S.C. 1792 note) is amended--
(1) in the section heading, by striking ``for department
child development centers'';
(2) in subsection (a)(1), by striking for ``Department of
Defense child development centers'' and inserting ``for the
Department of Defense''; and
(3) in subsection (e), by striking ``in child development
centers''.
(c) Assessment of Financial Assistance Provided to Civilian
Child Care Providers.--
(1) Assessment.--The Secretary of Defense shall assess the
maximum amount of financial assistance provided to eligible
civilian providers of child care services or youth program
services that furnish such service for members of the armed
forces and employees of the United States under section 1798
of title 10, United States Code, as amended by subsection
(a). Such assessment shall include the following:
(A) The determination of the Secretary whether the maximum
allowable financial assistance should be standardized across
the Armed Forces.
(B) Whether the maximum allowable amount adequately
accounts for high-cost duty stations.
(2) Report.--No later than June 1, 2020, the Secretary of
Defense shall submit a report to the Committees on Armed
Services of the Senate and the House of Representatives
regarding the results of the assessment under paragraph (1)
and any actions taken by the Secretary to remedy identified
shortfalls in assistance described in that paragraph.
(d) Assessment of Child Care Capacity on Military
Installations.--
(1) Assessment.--The Secretary of Defense shall assess the
capacity for child care at all military installations to
ensure that members of the Armed Forces have meaningful
access to child care during tours of duty.
(2) Remedial action.--The Secretary of Defense shall take
steps the Secretary determines necessary to alleviate the
waiting lists for child care described in paragraph (1).
(3) Report.--Not later than June 1, 2020, the Secretary of
Defense shall provide a report to the Committees on Armed
Forces of the Senate and the House of Representative
regarding--
(A) the assessment under paragraph (1);
(B) action taken under paragraph (2); and
(C) any additional resources (including additional funding
for and child care facilities and workers) the Secretary
determines necessary to increase access described in
paragraph (1).
(e) Assessment of Accessibility of Websites of the
Department of Defense Related to Child Care and Spousal
Employment.--
(1) Assessment.--The Secretary of Defense shall review the
functions and accessibility of websites of the Department of
Defense designed for members of the Armed Forces and the
families of such members to access information and services
offered by the Department regarding child care, spousal
employment, and other family matters.
(2) Report.--Not later than March 1, 2020, the Secretary of
Defense shall provide a briefing to the Committees on Armed
Services of the Senate and the House of Representatives
regarding the results of the assessment under paragraph (1)
and actions taken to enhance accessibility of the websites.
[[Page H5389]]
(f) Portability of Background Investigations for Child Care
Providers.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall ensure
that the background investigation and training certification
for a child care provider employed by the Department of
Defense in a facility of the Department may be transferred to
another facility of the Department, without regard to which
Secretary of a military department has jurisdiction over
either such facility.
SEC. 630. CASUALTY ASSISTANCE FOR SURVIVORS OF DECEASED ROTC
GRADUATES.
Section 633 of the National Defense Authorization Act for
Fiscal Year 2014 (10 U.S.C. 1475 note) is amended by adding
at the end the following new subsection:
``(c) ROTC Graduates.--
``(1) Treated as members.--For purposes of this section, a
graduate of a reserve officers' training corps who dies
before receiving a first duty assignment shall be treated as
a member of the Armed Forces who dies while on active duty.
``(2) Effective date.--This subsection applies to deaths on
or after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2020.''.
SEC. 630A. REPEAL OF REQUIREMENT OF REDUCTION OF SURVIVOR
BENEFIT PLAN SURVIVOR ANNUITIES BY AMOUNT OF
DEPENDENCY AND INDEMNITY COMPENSATION.
(a) Repeal.--
(1) Repeal.--Subchapter II of chapter 73 of title 10,
United States Code, is amended as follows:
(A) In section 1450, by striking subsection (c).
(B) In section 1451(c)--
(i) by striking paragraph (2); and
(ii) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
(2) Conforming amendments.--Such subchapter is further
amended as follows:
(A) In section 1450--
(i) by striking subsection (e); and
(ii) by striking subsection (k).
(B) In section 1451(g)(1), by striking subparagraph (C).
(C) In section 1452--
(i) in subsection (f)(2), by striking ``does not apply--''
and all that follows and inserting ``does not apply in the
case of a deduction made through administrative error.''; and
(ii) by striking subsection (g).
(D) In section 1455(c), by striking ``, 1450(k)(2),''.
(b) Prohibition on Retroactive Benefits.--No benefits may
be paid to any person for any period before the effective
date provided under subsection (f) by reason of the
amendments made by subsection (a).
(c) Prohibition on Recoupment of Certain Amounts Previously
Refunded to SBP Recipients.--A surviving spouse who is or has
been in receipt of an annuity under the Survivor Benefit Plan
under subchapter II of chapter 73 of title 10, United States
Code, that is in effect before the effective date provided
under subsection (f) and that is adjusted by reason of the
amendments made by subsection (a) and who has received a
refund of retired pay under section 1450(e) of title 10,
United States Code, shall not be required to repay such
refund to the United States.
(d) Repeal of Authority for Optional Annuity for Dependent
Children.--Section 1448(d)(2) of such title is amended--
(1) by striking ``Dependent children.--'' and all that
follows through ``In the case of a member described in
paragraph (1),'' and inserting ``Dependent children.--In the
case of a member described in paragraph (1),''; and
(2) by striking subparagraph (B).
(e) Restoration of Eligibility for Previously Eligible
Spouses.--The Secretary of the military department concerned
shall restore annuity eligibility to any eligible surviving
spouse who, in consultation with the Secretary, previously
elected to transfer payment of such annuity to a surviving
child or children under the provisions of section
1448(d)(2)(B) of title 10, United States Code, as in effect
on the day before the effective date provided under
subsection (f). Such eligibility shall be restored whether or
not payment to such child or children subsequently was
terminated due to loss of dependent status or death. For the
purposes of this subsection, an eligible spouse includes a
spouse who was previously eligible for payment of such
annuity and is not remarried, or remarried after having
attained age 55, or whose second or subsequent marriage has
been terminated by death, divorce or annulment.
(f) Effective Date.--This section and the amendments made
by this section shall take effect on the later of--
(1) October 1, 2019; and
(2) the first day of the first month that begins after the
date of the enactment of this Act.
Subtitle D--Defense Resale Matters
SEC. 631. GAO REVIEW OF DEFENSE RESALE OPTIMIZATION STUDY.
(a) Review.--The Comptroller General of the United States
shall conduct a review of the business case analysis
performed as part of the defense resale optimization study
conducted by the Reform Management Group, titled ``Study to
Determine the Feasibility of Consolidation of the Defense
Resale Entities'' and dated December 4, 2018.
(b) Report Required; Elements.--Not later than April 1,
2020, the Comptroller General shall submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report regarding the review performed under
this section. The report shall include evaluations of the
following:
(1) The descriptions and justifications for the
assumptions, analytical choices and data used by the Reform
Management Group to calculate:
(A) Pricing.
(B) Sales assumptions.
(C) Accuracy of methods employed to measure patron savings
levels.
(2) The timetable for consolidation of military exchanges
and commissaries.
(3) The recommendations for consolidation developed as part
of the business case analysis, including the overall cost of
consolidation.
(4) The budget and oversight implications of merging non-
appropriated funds and appropriated funds to implement the
recommended reforms.
(5) The extent to which the Reform Management Group
coordinated with the Secretaries of the military departments
and the chiefs of the Armed Forces in preparing the study.
(6) The extent to which the Reform Management Group
addressed concerns of the Secretaries of the military
departments and the chiefs of the Armed Forces in the study.
(7) If the recommendations in the business case analysis
were implemented--
(A) the ability of military exchanges and commissaries to
provide earnings to support on-base morale, welfare, and
recreation programs; and
(B) the financial viability of the military exchanges and
commissaries.
(c) Delay on Consolidation.--The Secretary of Defense may
not take any action to consolidate military exchanges and
commissaries until the Committees on Armed Services of the
Senate and the House of Representatives notify the Secretary
in writing of receipt and acceptance of the findings of the
Comptroller General in the report required under this
section.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. CONTRACEPTION COVERAGE PARITY UNDER THE TRICARE
PROGRAM.
(a) In General.--Section 1074d of title 10, United States
Code, is amended--
(1) in subsection (a), by inserting ``for Members and
Former Members'' after ``Services Available'';
(2) by redesignating subsection (b) as subsection (d); and
(3) by inserting after subsection (a) the following new
subsections:
``(b) Care Related to Prevention of Pregnancy.--Female
covered beneficiaries shall be entitled to care related to
the prevention of pregnancy described by subsection (d)(3).
``(c) Prohibition on Cost Sharing for Certain Services.--
Notwithstanding section 1074g(a)(6), section 1075, or section
1075a of this title, or any other provision of law, cost
sharing may not be imposed or collected for care related to
the prevention of pregnancy provided pursuant to subsection
(a) or (b), including for any method of contraception
provided, whether provided through a facility of the
uniformed services, the TRICARE retail pharmacy program, or
the national mail-order pharmacy program.''.
(b) Conforming Amendment.--Section 1077(a)(13) of such
title is amended by striking ``section 1074d(b)'' and
inserting ``section 1074d(d)''.
SEC. 702. PREGNANCY PREVENTION ASSISTANCE AT MILITARY MEDICAL
TREATMENT FACILITIES FOR SEXUAL ASSAULT
SURVIVORS.
(a) In General.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1074o the
following new section:
``Sec. 1074p. Provision of pregnancy prevention assistance at
military medical treatment facilities
``(a) Information and Assistance.--The Secretary of Defense
shall promptly furnish to sexual assault survivors at each
military medical treatment facility the following:
``(1) Comprehensive, medically and factually accurate, and
unbiased written and oral information about all methods of
emergency contraception approved by the Food and Drug
Administration.
``(2) Notification of the right of the sexual assault
survivor to confidentiality with respect to the information
and care and services furnished under this section.
``(3) Upon request by the sexual assault survivor,
emergency contraception or, if applicable, a prescription for
emergency contraception.
``(b) Information.--The Secretary shall ensure that
information provided pursuant to subsection (a) is provided
in language that--
``(1) is clear and concise;
``(2) is readily comprehensible; and
``(3) meets such conditions (including conditions regarding
the provision of information in languages other than English)
as the Secretary may prescribe in regulations to carry out
this section.
``(c) Definitions.--In this section:
``(1) The term `sexual assault survivor' means any
individual who presents at a military medical treatment
facility and--
``(A) states to personnel of the facility that the
individual experienced a sexual assault;
``(B) is accompanied by another person who states that the
individual experienced a sexual assault; or
``(C) whom the personnel of the facility reasonably
believes to be a survivor of sexual assault.
``(2) The term `sexual assault' means the conduct described
in section 1565b(c) of this title that may result in
pregnancy.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1074o the following new item:
``1074p. Provision of pregnancy prevention assistance at military
medical treatment facilities.''.
SEC. 703. MODIFICATION OF ELIGIBILITY FOR TRICARE RESERVE
SELECT FOR CERTAIN MEMBERS OF THE SELECTED
RESERVE.
Section 1076d(a)(2) of title 10, United States Code, is
amended by striking ``Paragraph (1)
[[Page H5390]]
does not apply'' and inserting ``During the period preceding
January 1, 2030, paragraph (1) does not apply''.
SEC. 704. LEAD LEVEL SCREENINGS AND TESTINGS FOR CHILDREN.
(a) TRICARE.--
(1) Well-baby care.--Section 1077 of title 10, United
States Code, is amended by adding at the end the following
new subsection:
``(i)(1) Beginning January 1, 2020, in furnishing well-baby
care under subsection (a)(8), the Secretary shall ensure that
the following care is made available:
``(A) With respect to a child who lives in housing built
before 1978 at any time during the first 24 months of the
life of the child--
``(i) the first testing of the child for the level of lead
in the blood of the child at approximately the age of 12
months; and
``(ii) the second such test at approximately the age of 24
months.
``(B) With respect to a child not covered by subparagraph
(A) whose parent or guardian, at any time during the first 24
months of the life of the child, has a military occupational
specialty that the Secretary determines poses an elevated
risk of lead exposure--
``(i) the first testing of the child for the level of lead
in the blood of the child at approximately the age of 12
months; and
``(ii) the second such test at approximately the age of 24
months.
``(C) With respect to a child not covered by subparagraph
(A) or (B)--
``(i) the first screening of the child for an elevated risk
of lead exposure at approximately the age of 12 months; and
``(ii) the second such screening at approximately the age
of 24 months.
``(D) With respect to a child covered by subparagraph (C)
whose screening indicates an elevated risk of lead exposure,
testing of the child for the level of lead in the blood of
the child.
``(2) The Secretary shall ensure that any care provided to
a child pursuant to this chapter for lead poisoning,
including the care under paragraph (1), is carried out in
accordance with applicable advice from the Centers for
Disease Control and Prevention.
``(3)(A) With respect to a child who receives a test under
paragraph (1), the Secretary shall provide the results of the
test to the parent or guardian of the child.
``(B) With respect to a child who receives a test under
paragraph (1), the Secretary shall provide the results of the
test and the address at which the child resides to--
``(i) the relevant health department of the State in which
the child resides if the child resides in the United States;
or
``(ii) the Centers for Disease Control and Prevention if
the child resides outside the United States.
``(C) In providing information regarding a child to a State
or the Centers for Disease Control and Prevention under
subparagraph (B), the Secretary may not provide any
identifying information or health information of the child
that is not specifically authorized in such subparagraph.
``(D) In this paragraph, the term `State' means each of the
several States, the District of Columbia, the Commonwealth of
Puerto Rico, and any territory or possession of the United
States.''.
(2) Conforming amendment.--Subsection (a)(8) of such
section is amended by striking ``including well-baby care
that includes one screening of an infant for the level of
lead in the blood of the infant'' and inserting ``including,
in accordance with subsection (i), well-baby care that
includes screenings and testings for lead exposure and lead
poisoning''.
(3) Study.--Not later than January 1, 2021, the Secretary
of Defense shall submit to the congressional defense
committees a report detailing the following:
(A) The number of children who were tested for the level of
lead in the blood of the child pursuant to subparagraph (A)
of subsection (i)(1) of section 1077 of title 10, United
States Code, as added by paragraph (1), and of such number,
the number who were found to have elevated blood lead levels.
(B) The number of children who were tested for the level of
lead in the blood of the child pursuant to subparagraph (B)
of such subsection (i)(1), and of such number, the number who
were found to have lead poisoning.
(C) The number of children who were screened for an
elevated risk of lead exposure pursuant to subparagraph (C)
of such subsection (i)(1).
(D) The number of children who were tested for the level of
lead in the blood of the child pursuant to subparagraph (D)
of such subsection, and of such number, the number who were
found to have elevated blood lead levels.
(E) The treatment provided to children pursuant to chapter
55 of title 10, United States Code, for lead poisoning.
(4) GAO report.--Not later than January 1, 2022, the
Comptroller General of the United States shall submit to the
congressional defense committees a report on the
effectiveness of screening, testing, and treating children
for lead exposure and lead poisoning pursuant to chapter 55
of title 10, United States Code.
(b) Notification of Housing.--Section 403 of title 37,
United States Code, is amended by adding at the end the
following new subsection:
``(p) Records Regarding Housing and Lead-Based Paint.--(1)
The Secretary concerned shall keep a record of whether the
following housing was built before, during, or after 1978:
``(A) Quarters of the United States under the jurisdiction
of that Secretary concerned.
``(B) A housing facility under the jurisdiction of that
Secretary concerned.
``(C) Other housing in which a member of the uniformed
service of that Secretary concerned resides.
``(2) As a condition of receipt of a basic allowance for
housing under this section, a member of the uniformed
services shall notify the Secretary concerned whether the
housing in which that member resides was built before,
during, or after 1978.''.
SEC. 705. EXPOSURE TO OPEN BURN PITS AND TOXIC AIRBORNE
CHEMICALS OR OTHER AIRBORNE CONTAMINANTS AS
PART OF PERIODIC HEALTH ASSESSMENTS AND OTHER
PHYSICAL EXAMINATIONS.
(a) Periodic Health Assessment.--The Secretary of Defense
shall ensure that any periodic health assessment provided to
members of the Armed Forces includes an evaluation of whether
the member has been--
(1) based or stationed at a location where an open burn pit
was used; or
(2) exposed to toxic airborne chemicals or other airborne
contaminants, including any information recorded as part of
the Airborne Hazards and Open Burn Pit Registry.
(b) Separation History and Physical Examinations.--Section
1145(a)(5) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(C) The Secretary concerned shall ensure that each
physical examination of a member under subparagraph (A)
includes an assessment of whether the member was--
``(i) based or stationed at a location where an open burn
pit, as defined in subsection (c) of section 201 of the
Dignified Burial and Other Veterans' Benefits Improvement Act
of 2012 (Public Law 112-260; 38 U.S.C. 527 note), was used;
or
``(ii) exposed to toxic airborne chemicals or other
airborne contaminants, including any information recorded as
part of the registry established by the Secretary of Veterans
Affairs under such section 201.''.
(c) Deployment Assessments.--Section 1074f(b)(2) of title
10, United States Code, is amended by adding at the end the
following new subparagraph:
``(D) An assessment of whether the member was--
``(i) based or stationed at a location where an open burn
pit, as defined in subsection (c) of section 201 of the
Dignified Burial and Other Veterans' Benefits Improvement Act
of 2012 (Public Law 112-260; 38 U.S.C. 527 note), was used;
or
``(ii) exposed to toxic airborne chemicals or other
airborne contaminants, including any information recorded as
part of the registry established by the Secretary of Veterans
Affairs under such section 201.''.
(d) Sharing of Information.--
(1) DOD-VA.--The Secretary of Defense and the Secretary of
Veterans Affairs shall jointly enter into a memorandum of
understanding providing for the sharing by the Department of
Defense with the Department of Veterans Affairs of the
results of covered evaluations regarding the exposure by a
member of the Armed Forces to toxic airborne chemicals or
other airborne contaminants.
(2) Registry.--If a covered evaluation of a member of the
Armed Forces establishes that the member was based or
stationed at a location where an open burn pit was used or
that the member was exposed to toxic airborne chemicals or
other airborne contaminants, the member shall be enrolled in
the Airborne Hazards and Open Burn Pit Registry unless the
member elects to not so enroll.
(e) Rule of Construction.--Nothing in this section may be
construed to preclude eligibility for benefits under the laws
administered by the Secretary of Veterans Affairs by reason
of the open burn pit exposure history of a veteran not being
recorded in a covered evaluation.
(f) Definitions.--In this section:
(1) The term ``Airborne Hazards and Open Burn Pit
Registry'' means the registry established by the Secretary of
Veterans Affairs under section 201 of the Dignified Burial
and Other Veterans' Benefits Improvement Act of 2012 (Public
Law 112-260; 38 U.S.C. 527 note).
(2) The term ``covered evaluation'' means--
(A) a periodic health assessment conducted in accordance
with subsection (a);
(B) a separation history and physical examination conducted
under section 1145(a)(5) of title 10, United States Code, as
amended by this section; and
(C) a deployment assessment conducted under section
1074f(b)(2) of such title, as amended by this section.
(3) The term ``open burn pit'' has the meaning given that
term in section 201(c) of the Dignified Burial and Other
Veterans' Benefits Improvement Act of 2012 (Public Law 112-
260; 38 U.S.C. 527 note).
SEC. 706. ENHANCEMENT OF RECORDKEEPING AND POSTDEPLOYMENT
MEDICAL ASSESSMENT REQUIREMENTS RELATED TO
OCCUPATIONAL AND ENVIRONMENTAL HAZARD EXPOSURE
DURING DEPLOYMENT.
(a) Recording of Occupational and Environmental Health
Risks in Deployment Area.--
(1) Elements of medical tracking system.--Subsection
(b)(1)(A) of section 1074f of title 10, United States Code,
is amended--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(iv) accurately record any exposure to occupational and
environmental health risks during the course of their
deployment.''.
(2) Recordkeeping.--Subsection (c) of such section is
amended by inserting after ``deployment area'' the following:
``(including the results of any assessment performed by the
Secretary of occupational and environmental health risks for
such area)''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act.
[[Page H5391]]
(b) Integration of Burn Pit Registry Information Into
Electronic Health Records.--
(1) Updates to electronic health records.--Beginning not
later than one year after the date of the enactment of this
Act--
(A) the Secretary of Defense shall ensure that the
electronic health record maintained by such Secretary of a
member of the Armed Forces registered with the burn pit
registry is updated with any information contained in such
registry; and
(B) the Secretary of Veterans Affairs shall ensure that the
electronic health record maintained by such Secretary of a
veteran registered with the burn pit registry is updated with
any information contained in such registry.
(2) Burn pit registry defined.--In this subsection, the
term ``burn pit registry'' means the registry established
under section 201 of the Dignified Burial and Other Veterans'
Improvements Act of 2012 (Public Law 112-260; 38 U.S.C. 527
note).
(c) Postdeployment Medical Examination and Reassessments.--
(1) Additional requirements.--Section 1074f of title 10,
United States Code is further amended by adding at the end
the following new subsection:
``(g) Additional Requirements for Postdeployment Medical
Examinations and Health Reassessments.--(1) The Secretary of
Defense shall--
``(A) standardize and make available to a provider that
conducts a postdeployment medical examination or reassessment
under the system described in subsection (a) questions
relating to occupational and environmental health exposure;
and
``(B) prior to an examination or reassessment of a member
of the armed forces, require such provider to review
information applicable to such member--
``(i) in a Periodic Occupational and Environmental
Monitoring Summary (or any successor document); and
``(ii) on the Defense Occupational and Environmental Health
Readiness System (or any successor system).
``(2) The Secretary shall ensure that the medical record of
a member includes information on the external cause relating
to a diagnosis of the member, including by associating an
external cause code (as issued under the International
Statistical Classification of Diseases, 10th Revision (or any
successor revision)).''.
(2) Effective date.--The amendments made by this subsection
shall take effect 180 days after the date of the enactment of
this Act.
(d) Report by Comptroller General of the United States.--
Not later than two years after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to the congressional defense committees and the
Committees on Veterans' Affairs of the House of
Representatives and the Senate a report containing an
evaluation of the implementation of this section (and the
amendments made by this section), including an assessment of
the extent to which the Secretary of Defense and Secretary of
Veterans Affairs are in compliance with the applicable
requirements of this section (and the amendments made by this
section).
SEC. 707. MODIFICATIONS TO POST-DEPLOYMENT MENTAL HEALTH
ASSESSMENTS FOR MEMBERS OF THE ARMED FORCES
DEPLOYED IN SUPPORT OF A CONTINGENCY OPERATION.
(a) Required Assessments.--Section 1074m(a)(1) of title 10,
United States Code, is amended by striking subparagraphs (C)
and (D) and inserting the following new subparagraphs:
``(C) Subject to paragraph (3) and subsection (d), once
during the period beginning on the date of redeployment from
the contingency operation and ending 14 days after such
redeployment date.
``(D) Subject to subsection (d), not less than once
annually--
``(i) beginning 14 days after the date of redeployment from
the contingency operation; or
``(ii) if the assessment required by subparagraph (C) is
performed during the period specified in paragraph (3),
beginning 180 days after the date of redeployment from the
contingency operation.''.
(b) Exceptions.--Section 1074m(a) of such title, as amended
by subsection (a), is further amended by striking paragraph
(2) and inserting the following new paragraphs:
``(2) A mental health assessment is not required for a
member of the armed forces under subparagraphs (C) and (D) of
paragraph (1) (including an assessment performed pursuant to
paragraph (3)) if the Secretary determines that providing
such assessment to the member during the time periods under
such subparagraphs would remove the member from forward
deployment or put members or operational objectives at risk.
``(3) A mental health assessment required under
subparagraph (C) of paragraph (1) may be provided during the
period beginning 90 days after the date of redeployment from
the contingency operation and ending 180 days after such
redeployment date if the Secretary determines that--
``(A) an insufficient number of personnel are available to
perform the assessment during the time period under such
subparagraph; or
``(B) an administrative processing issue exists upon the
return of the member to the home unit or duty station that
would prevent the effective performance of the assessment
during such time period.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to a date of redeployment that is on
or after January 1, 2020.
SEC. 708. PROVISION OF BLOOD TESTING FOR FIREFIGHTERS OF
DEPARTMENT OF DEFENSE TO DETERMINE EXPOSURE TO
PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES.
The Secretary of Defense shall include, as part of the
annual physical examination provided by the Secretary to each
firefighter of the Department of Defense, blood testing to
determine and document the potential exposure of such
firefighters to perfluoroalkyl and polyfluoroalkyl substances
(commonly known as ``PFAS'').
Subtitle B--Health Care Administration
SEC. 711. REQUIREMENTS FOR CERTAIN PRESCRIPTION DRUG LABELS.
(a) Requirement.--Section 1074g of title 10, United States
Code, is amended--
(1) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(2) by inserting after subsection (g) the following new
subsection (h):
``(h) Labeling.--The Secretary of Defense shall ensure that
drugs made available through the facilities of the armed
forces under the jurisdiction of the Secretary include labels
that--
``(1) are printed and physically located on or within the
package from which the drug is to be dispensed; and
``(2) provide adequate directions for the purposes for
which the drug is intended.''.
(b) Conforming Amendment.--Subsection (b)(1) of such
section is amended by striking ``under subsection (h)'' and
inserting ``under subsection (j)''.
(c) Implementation.--Beginning not later than 90 days after
the date of the enactment of this Act, the Secretary of
Defense shall implement subsection (h) of section 1074g of
title 10, United States Code, as added by subsection (a).
SEC. 712. OFFICERS AUTHORIZED TO COMMAND ARMY DENTAL UNITS.
Section 7081(d) of title 10, United States Code, is amended
by striking ``Dental Corps Officer'' and inserting
``commissioned officer of the Army Medical Department''.
SEC. 713. IMPROVEMENTS TO LEADERSHIP OF INTERAGENCY PROGRAM
OFFICE OF THE DEPARTMENT OF DEFENSE AND THE
DEPARTMENT OF VETERANS AFFAIRS.
Subsection (c) of section 1635 of the Wounded Warrior Act
(title XVI of Public Law 110-181; 10 U.S.C. 1071 note) is
amended to read as follows:
``(c) Leadership.--
``(1) Director.--The Director of the Office shall be the
head of the Office.
``(2) Deputy director.--The Deputy Director of the Office
shall be the deputy head of the Office and shall assist the
Director in carrying out the duties of the Director.
``(3) Reporting.--The Director shall report to the
Department of Veterans Affairs-Department of Defense Joint
Executive Committee established by section 320 of title 38,
United States Code.
``(4) Appointments.--
``(A) Director.--The Director shall be jointly appointed by
the Secretary of Veterans Affairs and the Secretary of
Defense for a five-year term. The Director may be reappointed
for one or more additional terms.
``(B) Deputy director.--The Deputy Director shall be
jointly appointed by the Secretary of Veterans Affairs and
the Secretary of Defense for a five-year term. The Deputy
Director may be reappointed for one or more additional terms.
``(C) Advice.--The Department of Veterans Affairs-
Department of Defense Joint Executive Committee shall provide
the Secretary of Veterans Affairs and the Secretary of
Defense with advice regarding potential individuals to be
appointed Director and Deputy Director under subparagraphs
(A) and (B), respectively.
``(D) Minimum qualifications.--The Department of Veterans
Affairs-Department of Defense Joint Executive Committee shall
develop qualification requirements for the office of the
Director and the Deputy Director. Such requirements shall
ensure that, at a minimum, the Director and Deputy Director,
individually or together, meet the following qualifications:
``(i) Significant experience as a clinician, at the level
of chief medical officer or equivalent.
``(ii) Significant experience in health informatics, at the
level of chief health informatics officer or equivalent.
``(iii) Significant experience leading implementation of
enterprise-wide technology in a health care setting in the
public or private sector.
``(5) Additional guidance.--In addition to providing
direction, supervision, and control of the Office pursuant to
paragraph (3), the Department of Veterans Affairs-Department
of Defense Joint Executive Committee shall--
``(A) provide guidance in the discharge of the functions of
the Office under this section; and
``(B) facilitate the establishment of a charter and mission
statement for the Office.
``(6) Information to congress.--Upon request by any of the
appropriate committees of Congress, the Director and the
Deputy Director shall testify before such committee, or
provide a briefing or otherwise provide requested information
to such committee, regarding the discharge of the functions
of the Office under this section.''.
SEC. 714. INCLUSION OF BLAST EXPOSURE HISTORY IN MEDICAL
RECORDS OF MEMBERS OF THE ARMED FORCES.
(a) Requirement.--The Secretary of Defense, in coordination
with the Secretaries of the military departments, shall
document blast exposure history in the medical record of a
member of the Armed Forces to--
(1) assist in determining whether a future illness or
injury of the member is service-connected; and
(2) inform future blast exposure risk mitigation efforts of
the Department of Defense.
(b) Elements.--A blast exposure history under subsection
(a) shall include, at a minimum, the following:
(1) The date of the exposure.
[[Page H5392]]
(2) The duration of the exposure, and, if known, the
measured blast pressure experienced by the individual during
such exposure.
(3) Whether the exposure occurred during combat or
training.
(4) Such other information relating to the exposure as the
Secretary of Defense may specify pursuant to the guidance
described in subsection (c)(1).
(c) Collection of Exposure Information.--The Secretary of
Defense shall collect blast exposure information with respect
to a member of the Armed Forces in a manner--
(1) consistent with blast exposure measurement training
guidance of the Department, including any new guidance
developed pursuant to--
(A) the study on blast pressure exposure required by
section 734 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1444); and
(B) the review of guidance on blast exposure during
training required by section 253 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 1704, 10 U.S.C. 2001 note);
(2) compatible with training and operational objectives;
and
(3) that is automated, to the extent practicable, to
minimize the reporting burden of unit commanders.
(d) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the types of information
included in a blast exposure history under subsection (a).
SEC. 715. COMPREHENSIVE POLICY FOR PROVISION OF MENTAL HEALTH
CARE TO MEMBERS OF THE ARMED FORCES.
(a) Policy Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense,
acting through the Under Secretary of Defense for Personnel
and Readiness, shall develop and implement a comprehensive
policy for the provision of mental health care to members of
the Armed Forces.
(b) Elements.--The policy under subsection (a) shall
address each of the following:
(1) The compliance of health professionals in the military
health system engaged in the provision of health care
services to members with clinical practice guidelines for--
(A) suicide prevention;
(B) medication-assisted therapy for alcohol use disorders;
and
(C) medication-assisted therapy for opioid use disorders.
(2) The access and availability of mental health care
services to members who are victims of sexual assault or
domestic violence.
(3) The availability of naloxone reversal capability on
military installations.
(4) The promotion of referrals of members by civilian
health care providers to military medical treatment
facilities when such members are--
(A) at high risk for suicide and diagnosed with a
psychiatric disorder; or
(B) receiving treatment for opioid use disorders.
(5) The provision of comprehensive behavioral health
treatment to members of the reserve components that takes
into account the unique challenges associated with the
deployment pattern of such members and the difficulty such
members encounter post-deployment with respect to accessing
such treatment in civilian communities.
(c) Consideration.--In developing the policy under
subsection (a), the Secretary of Defense shall solicit and
consider recommendations from the Secretaries of the military
departments and the Chairman of the Joint Chiefs of Staff
regarding the feasibility of implementation and execution of
particular elements of the policy.
(d) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the implementation of
the policy under subsection (a).
SEC. 716. LIMITATION ON THE REALIGNMENT OR REDUCTION OF
MILITARY MEDICAL MANNING END STRENGTH.
(a) Limitation.--Except as provided by subsection (d), the
Secretary of Defense and the Secretaries concerned may not
realign or reduce military medical end strength
authorizations until--
(1) each review is conducted under paragraph (1) of
subsection (b);
(2) each analysis is conducted under paragraph (2) of such
subsection;
(3) the measurement is developed under paragraph (3) of
such subsection;
(4) each plan and forum is provided under paragraph (4) of
such subsection; and
(5) a period of 90 days elapses following the date on which
the Secretary submits the report under subsection (c).
(b) Reviews, Analyses, and Other Information.--
(1) Review.--Each Secretary concerned, in coordination with
the Chairman of the Joint Chiefs of Staff, shall conduct a
review of the medical manpower requirements of the military
department of the Secretary that accounts for all national
defense strategy scenarios.
(2) Analyses.--With respect to each military medical
treatment facility that would be affected by a proposed
military medical end strength realignment or reduction, the
Secretary concerned shall conduct an analysis that--
(A) identifies affected billets; and
(B) includes a plan for mitigating any potential gap in
health care services caused by such realignment or reduction.
(3) Measurement.--The Secretary of Defense shall--
(A) develop a standard measurement for network adequacy to
determine the capacity of the local health care network to
provide care for covered beneficiaries in the area of a
military medical treatment facility that would be affected by
a proposed military medical end strength realignment or
reduction; and
(B) use such measurement in carrying out this section and
otherwise evaluating proposed military medical end strength
realignment or reductions.
(4) Outreach.--The Secretary of Defense shall provide to
each member of the Armed Forces and covered beneficiary
located in the area of a military medical treatment facility
that would be affected by a proposed military medical end
strength realignment or reduction the following:
(A) A transition plan for continuity of health care
services.
(B) A public forum to discuss the concerns of the member
and covered beneficiary regarding such proposed realignment
or reduction.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the House of
Representatives and the Senate a report on the proposed
military medical end strength realignments or reductions,
including--
(1) the reviews, analyses, and other information developed
under subsection (b); and
(2) a description of the actions the Secretary plans to
take with respect to such proposed realignments or
reductions.
(d) Exception.--The limitation in subsection (a) shall not
apply to billets of a medical department of a military
department that have remained unfilled since at least October
1, 2018. The Secretary concerned may realign or reduce such a
billet if the Secretary determines that such realignment or
reduction does not affect the provision of health care
services to members of the Armed Forces or covered
beneficiaries.
(e) Definitions.--In this section:
(1) The term ``covered beneficiary'' has the meaning given
that term in section 1072 of title 10, United States Code.
(2) The term ``proposed military medical end strength
realignment or reduction'' means a realignment or reduction
of military medical end strength authorizations as proposed
by the budget of the President for fiscal year 2020 submitted
to Congress pursuant to section 1105 of title 31, United
States Code.
(3) The term ``Secretary concerned'' means--
(A) the Secretary of the Army, with respect to matters
concerning the Army;
(B) the Secretary of the Navy, with respect to matters
concerning the Navy, the Marine Corps, and the Coast Guard
when it is operating as a service in the Department of the
Navy; and
(C) the Secretary of the Air Force, with respect to matters
concerning the Air Force.
SEC. 717. STRATEGY TO RECRUIT AND RETAIN MENTAL HEALTH
PROVIDERS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report that--
(1) describes the shortage of mental health providers of
the Department of Defense;
(2) explains the reasons for such shortage;
(3) explains the effect of such shortage on members of the
Armed Forces; and
(4) contains a strategy to better recruit and retain mental
health providers, including with respect to psychiatrists,
psychologists, mental health nurse practitioners, licensed
social workers, and other licensed providers of the military
health system.
SEC. 718. MONITORING MEDICATION PRESCRIBING PRACTICES FOR THE
TREATMENT OF POST-TRAUMATIC STRESS DISORDER.
(a) Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the House of
Representatives and the Senate a report on the practices for
prescribing medication during the period beginning January 1,
2012, and ending December 31, 2017, that were inconsistent
with the post-traumatic stress disorder medication guidelines
developed by the Department of Defense and the Veterans
Health Administration.
(2) Contents.--The report under this subsection shall
include the following:
(A) A summary of the practices of the Army, Navy, and the
Air Force, for prescribing medication during the period
referred to in paragraph (1) that were inconsistent with the
post-traumatic stress disorder medication guidelines
developed by the Department of Defense and the Veterans
Health Administration.
(B) Identification of medical centers serving members of
the Armed Forces found to having higher than average
incidences of prescribing medication during the period
referred to in paragraph (1) that were inconsistent with the
post-traumatic stress disorder guidelines.
(C) A plan for such medical centers to reduce the
prescribing of medications that are inconsistent with the
post-traumatic stress disorder guidelines.
(D) A plan for ongoing monitoring of medical centers found
to have higher than average incidences of prescribing
medication that were inconsistent with the post-traumatic
stress disorder guidelines by the Department of Defense and
the Veterans Health Administration.
(b) Monitoring Program.--Based on the findings of the
report under subsection (a), the Secretaries of the Army, the
Navy, and the Air Force shall each establish a monitoring
program carried out with respect to such branch of the Armed
Forces that shall provide as follows:
(1) The monitoring program shall provide for the conduct of
periodic reviews, beginning October 1, 2019, of medication
prescribing practices of its own providers.
(2) The monitoring program shall provide for regular
reports, beginning October 1, 2020, to the Department of
Defense and the Veterans Health Administration, of the
results of the periodic reviews pursuant to paragraph (1) of
this subsection.
[[Page H5393]]
(3) The monitoring program shall establish internal
procedures, not later than October 1, 2020, to address
practices for prescribing medication that are inconsistent
with the post-traumatic stress disorder medication guidelines
developed by the Department of Defense and the Veterans
Health Administration.
Subtitle C--Reports and Other Matters
SEC. 721. ESTABLISHMENT OF MILITARY DENTAL RESEARCH PROGRAM.
(a) In General.--Chapter 104 of title 10, United States
Code, is amended by inserting after section 2116 the
following new section:
``Sec. 2116a. Military dental research
``(a) Definitions.--In this section:
``(1) The term `military dental research' means research on
the furnishing of dental care and services by dentists in the
armed forces.
``(2) The term `TriService Dental Research Program' means
the program of military dental research authorized under this
section.
``(b) Program Authorized.--The Secretary of Defense may
establish at the University a program of military dental
research.
``(c) TriService Research Group.--The TriService Dental
Research Program shall be administered by a TriService Dental
Research Group composed of Army, Navy, and Air Force dentists
who are involved in military dental research and are
designated by the Secretary concerned to serve as members of
the group.
``(d) Duties of Group.--The TriService Dental Research
Group described in subsection (c) shall--
``(1) develop for the Department of Defense recommended
guidelines for requesting, reviewing, and funding proposed
military dental research projects; and
``(2) make available to Army, Navy, and Air Force dentists
and officials of the Department of Defense who conduct
military dental research--
``(A) information about dental research projects that are
being developed or carried out in the Army, Navy, and Air
Force; and
``(B) expertise and information beneficial to the
encouragement of meaningful dental research.
``(e) Research Topics.--For purposes of this section,
military dental research includes research on the following
issues:
``(1) Issues regarding how to ensure the readiness of
members of the armed forces on active duty and in the reserve
components with respect to the provision of dental care and
services.
``(2) Issues regarding preventive dentistry and disease
management, including early detection of needs.
``(3) Issues regarding how to improve the results of dental
care and services provided in the armed forces in time of
peace.
``(4) Issues regarding how to improve the results of dental
care and services provided in the armed forces in time of
war.
``(5) Issues regarding minimizing or eliminating emergent
dental conditions and dental disease and non-battle injuries
in deployed settings.
``(6) Issues regarding how to prevent complications
associated with dental-related battle injuries.
``(7) Issues regarding how to prevent complications
associated with the transportation of dental patients in the
military medical evacuation system.
``(8) Issues regarding the use of technological advances,
including teledentistry.
``(9) Issues regarding psychological distress in receiving
dental care and services.
``(10) Issues regarding how to improve methods of training
dental personnel, including dental assistants and dental
extenders.
``(11) Wellness issues relating to dental care and
services.
``(12) Case management issues relating to dental care and
services.
``(13) Issues regarding the use of alternate dental care
delivery systems, including the employment of
interprofessional practice models incorporating multiple
health professions.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 104 of such title is amended by
inserting after the item relating to section 2116 the
following new item:
``2116a. Military dental research.''.
SEC. 722. PILOT PROGRAM ON CRYOPRESERVATION AND STORAGE.
(a) Pilot Program.--The Secretary of Defense shall
establish a pilot program to provide not more than 1,000
members of the Armed Forces serving on active duty with the
opportunity to cryopreserve and store their gametes prior to
deployment to a combat zone.
(b) Period.--
(1) In general.--The Secretary shall provide for the
cryopreservation and storage of gametes of a participating
member of the Armed Forces under subsection (a), at no cost
to the member, in a facility of the Department of Defense or
at a private entity pursuant to a contract under subsection
(d) until the date that is one year after the retirement,
separation, or release of the member from the Armed Forces.
(2) Continued cryopreservation and storage.--At the end of
the one-year period specified in paragraph (1), the Secretary
shall authorize an individual whose gametes were
cryopreserved and stored in a facility of the Department as
described in that paragraph to select, including pursuant to
an advance medical directive or military testamentary
instrument completed under subsection (c), one of the
following options:
(A) To continue such cryopreservation and storage in such
facility with the cost of such cryopreservation and storage
borne by the individual.
(B) To transfer the gametes to a private cryopreservation
and storage facility selected by the individual.
(C) To authorize the Secretary to dispose of the gametes of
the individual not earlier than the date that is 90 days
after the end of the one-year period specified in paragraph
(1) with respect to the individual.
(c) Advance Medical Directive and Military Testamentary
Instrument.--A member of the Armed Forces who elects to
cryopreserve and store their gametes under this section shall
complete an advance medical directive described in section
1044c(b) of title 10, United States Code, and a military
testamentary instrument described in section 1044d(b) of such
title, that explicitly specifies the use of their
cryopreserved and stored gametes if such member dies or
otherwise loses the capacity to consent to the use of their
cryopreserved and stored gametes.
(d) Agreements.--To carry out this section, the Secretary
may enter into agreements with private entities that provide
cryopreservation and storage services for gametes.
SEC. 723. ENCOURAGEMENT OF PARTICIPATION IN WOMEN'S HEALTH
TRANSITION TRAINING PILOT PROGRAM.
(a) Encouragement of Participation.--The Secretaries of the
military departments shall encourage female members of the
Armed Forces who are separating or retiring from the Armed
Forces during fiscal year 2020 to participate in the Women's
Health Transition Training pilot program (in this section
referred to as the ``pilot program'') administered by the
Secretary of Veterans Affairs.
(b) Selection.--Each Secretary of a military department
shall select at least one location at which the pilot program
is offered and encourage participation in the pilot program
at such location.
(c) Report.--Not later than September 30, 2020, the
Secretary of Defense, in consultation with the Secretary of
Veterans Affairs, shall submit to the Committees on Armed
Services of the Senate and the House of Representatives and
the Committees on Veterans' Affairs of the Senate and House
of Representatives a report on the pilot program that
includes the following:
(1) For the period since the commencement of the pilot
program--
(A) the number of courses held under the pilot program;
(B) the locations at which such courses were held; and
(C) for each location identified in subparagraph (B)--
(i) the number of female members by military department
(with respect to Department of the Navy, separately for the
Navy and Marine Corps) who participated in the pilot program;
and
(ii) the number of seats available under the pilot program.
(2) Data relating to--
(A) satisfaction with courses held under the pilot program;
(B) improved awareness of health care services administered
by the Secretary of Veterans Affairs; and
(C) any other available statistics regarding the pilot
program.
(3) A discussion of regulatory, legal, or resource barriers
to--
(A) making the pilot program permanent to enable access by
a greater number of female members at locations throughout
the United States;
(B) offering the pilot program online for female members
who are unable to attend courses held under the pilot program
in person; and
(C) providing for automatic enrollment of participants in
the pilot program in the patient enrollment system of the
Department of Veterans Affairs established and operated under
section 1705 of title 38, United States Code.
SEC. 724. NATIONAL GUARD SUICIDE PREVENTION PILOT PROGRAM.
(a) Pilot Program Authorized.--The Chief of the National
Guard Bureau may carry out a pilot program to expand suicide
prevention and intervention efforts at the community level
through the use of a mobile application that provides the
capability for a member of the National Guard to receive
prompt support, including access to a behavioral health
professional, on a smartphone, tablet computer, or other
handheld mobile device.
(b) Elements.--The pilot program shall include, subject to
such conditions as the Secretary may prescribe--
(1) the use by members of the National Guard of an existing
mobile application that provides the capability described in
subsection (a); or
(2) the development and use of a new mobile application
that provides such capability.
(c) Eligibility and Participation Requirements.--The Chief
of the National Guard Bureau shall establish requirements
with respect to eligibility and participation in the pilot
program.
(d) Assessment Prior to Pilot Program Commencement.--Prior
to commencement of the pilot program, the Chief of the
National Guard Bureau shall--
(1) conduct an assessment of existing prevention and
intervention efforts of the National Guard in each State that
include the use of mobile applications that provide the
capability described in subsection (a) to determine best
practices for providing immediate and localized care through
the use of such mobile applications; and
(2) determine the feasibility of expanding existing
programs on a national scale.
(e) Responsibilities of Entities Participating in Pilot
Program.--Each entity that participates in the pilot program
shall--
(1) share best practices with other entities participating
in the program; and
(2) annually assess outcomes with respect to members of the
National Guard.
(f) Term.--The pilot program shall terminate on the date
that is three years after the date on which the pilot program
commenced.
(g) Reports.--
(1) Initial report.--If the Chief of the National Guard
Bureau commences the pilot program authorized under
subsection (a), not later
[[Page H5394]]
than 180 days after the date of the commencement of such
program, the Chief shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report containing a description of the pilot program and such
other matters as the Chief considers appropriate.
(2) Final report.--
(A) In general.--Not later than 180 days after the
termination of the pilot program, the Chief of the National
Guard Bureau shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on
such pilot program.
(B) Matters included.--The report under subparagraph (A)
shall include the following:
(i) A description of the pilot program, including any
partnerships entered into by the Chief of the National Guard
Bureau under the program.
(ii) An assessment of the effectiveness of the pilot
program.
(iii) A description of costs associated with the
implementation of the pilot program.
(iv) The estimated costs of making the pilot program
permanent.
(v) A recommendation as to whether the pilot program should
be extended or made permanent.
(vi) Such other recommendations for legislative or
administrative action as the Chief of the National Guard
Bureau considers appropriate.
(h) State Defined.--In this section, the term ``State''
means each of the several States, the District of Columbia,
the Commonwealth of Puerto Rico, American Samoa, Guam, the
United States Virgin Islands, and the Commonwealth of the
Northern Mariana Islands.
SEC. 725. REPORTS ON SUICIDE AMONG MEMBERS OF THE ARMED
FORCES.
(a) Reports.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter through
January 31, 2021, the Secretary of Defense shall submit to
the Committees on Armed Services of the House of
Representatives and the Senate a report on suicide among
members of the Armed Forces during the year preceding the
date of the report.
(b) Matters Included.--Each report under subsection (a)
shall include the following with respect to the year covered
by the report:
(1) The number of suicides, attempted suicides, and
occurrences of suicidal ideation involving a member of the
Armed Forces, including the reserve components thereof,
listed by Armed Force.
(2) The number of suicides, attempted suicides, or suicidal
ideation identified under paragraph (1) that occurred during
each of the following periods:
(A) The first 180 days of the member serving in the Armed
Forces.
(B) The period in which the member is deployed in support
of a contingency operation.
(3) With respect to the number of suicides, attempted
suicides, or suicidal ideation identified under paragraph
(2)(A), the initial recruit training location of the member.
(4) The number of suicides involving a dependent of a
member.
(5) A description of any research collaborations and data
sharing by the Department of Defense with the Department of
Veterans Affairs, other departments or agencies of the
Federal Government, academic institutions, or nongovernmental
organizations.
(6) Identification of a research agenda for the Department
of Defense to improve the evidence base on effective suicide
prevention treatment and risk communication.
(7) A description of the effectiveness of the policies
developed pursuant to section 567 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291; 10 U.S.C. 1071
note) and section 582 of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 1071
note), including with respect to--
(A) metrics identifying effective treatment modalities for
members of the Armed Forces who are at risk for suicide
(including any clinical interventions involving early
identification and treatment of such members);
(B) metrics for the rate of integration of mental health
screenings and suicide risk and prevention for members during
the delivery of primary care for such members;
(C) metrics relating to the effectiveness of suicide
prevention and resilience programs and preventative
behavioral health programs of the Department of Defense
(including those of the military departments and the Armed
Forces); and
(D) metrics evaluating the training standards for
behavioral health care providers to ensure that such
providers have received training on clinical best practices
and evidence-based treatments.
SEC. 726. STUDY ON MILITARY-CIVILIAN INTEGRATED HEALTH
DELIVERY SYSTEMS.
(a) Study.--The Secretary of Defense shall conduct a study
on the use of local integrated military-civilian integrated
health delivery systems pursuant to section 706 of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 10 U.S.C. 1096 note). The study shall
examine the following:
(1) Geographic locations where military medical treatment
facilities have existing contractual relationships with local
civilian health care networks, including Fort Drum, New York,
Joint Base McGuire-Dix-Lakehurst, New Jersey, Joint Base
Lewis-McCord, Washington, Fort Leonard Wood, Missouri,
Elmendorf Air Force Base, Alaska, Fort Sill, Oklahoma,
Tripler Army Medical Center, Hawaii, the National Capital
Region, and similar locations.
(2) Health care activities that promote value-based care,
measurable health outcomes, patient safety, timeliness of
referrals, and transparent communication with covered
beneficiaries.
(3) Locations where health care providers of the Department
of Defense may be able to attain critical wartime readiness
skills in a local integrated military-civilian integrated
health delivery system.
(4) The cost of providing care under an integrated
military-civilian integrated health delivery system as
compared to health care provided by a managed care support
contractor.
(b) Submission.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the House of
Representatives and the Senate a report on the results of the
study under subsection (a).
(c) Definitions.--In this section:
(1) The term ``covered beneficiaries'' has the meaning
given that term in section 1072 of title 10, United States
Code.
(2) The term ``National Capital Region'' has the meaning
given that term in section 2674 of title 10, United States
Code.
SEC. 727. STUDY ON CASE MANAGEMENT AT MILITARY MEDICAL
TREATMENT FACILITIES.
(a) Study.--The Secretary of Defense shall conduct a study
on the effectiveness of case management practices at military
medical treatment facilities. The study shall include the
following:
(1) A standardized definition of case management.
(2) An evaluation of case management practices provided by
the military departments before and during the transition of
the administration of military medical treatment facilities
to the Defense Health Agency pursuant to section 1073c of
title 10, United States Code.
(3) A discussion of the metrics involved with determining
the effectiveness of case management and the cost of case
management.
(4) A review of case management best practices in the
private sector, including with respect to--
(A) the intervals at which patients should be contacted;
(B) the role of the case manager in coordination;
(C) the approximate number of patients managed by a case
manager; and
(D) any other best practices relating to case management
that would improve the experience of care within the military
health system.
(5) The results of a discussion with covered beneficiaries
(as defined in section 1072 of title 10, United States Code)
in a public forum on case management in military medical
treatment facilities administered by the Defense Health
Agency.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the House of
Representatives and the Senate a report on the results of the
study under subsection (a).
SEC. 728. STUDY ON INFERTILITY AMONG MEMBERS OF THE ARMED
FORCES.
(a) Study.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the House of
Representatives and the Senate a study on the incidence of
infertility among members of the Armed Forces, including the
reserve components thereof.
(b) Matters Included.--The study shall include the
following:
(1) The number of members of the Armed Forces serving as of
the date of the study who are diagnosed with common causes of
infertility, such as polycystic ovary syndrome, pelvic
inflammatory disease, uterine fibroids, endometriosis,
sexually transmitted disease, testicular disorders, and male
endocrine disorders.
(2) The number of members serving as of the date of the
study whose infertility has no known cause.
(3) The incidence of miscarriage among women members,
listed by Armed Force and military occupation.
(4) A comparison of the rates of infertility and
miscarriage in the Armed Forces to such rates in the civilian
population, as reported by the Centers for Disease Control
and Prevention.
(5) Demographic information of the members described in
paragraphs (1), (2), and (3), include with respect to race,
ethnicity, sex, age, military occupation, and possible
exposures during military service to hazardous elements such
as chemical and biologic agents.
(6) An assessment of the ease or delay for members in
obtaining treatment for infertility, including in vitro
fertilization, including--
(A) the wait times at each military medical treatment
facility that has community partnerships to provide in vitro
fertilization;
(B) the number of members described in paragraph (1) who
are candidates for in vitro fertilization or other
infertility treatments but cannot obtain such treatments
because of the location at which the member is stationed or
the duties of the member; and
(C) a discussion of the reasons members cease seeking such
treatments through the military health system.
(7) Criteria used by the Secretary to determine service
connection for infertility, including whether screenings for
levels of toxins are undertaken when the cause of infertility
cannot be determined.
(8) The policy of the Department of Defense, as of the date
of the study, for ensuring geographic stability during
treatment of women members undergoing in vitro fertilization
for either service-connected or non-service-connected
infertility.
SEC. 729. ALLOWING CLAIMS AGAINST THE UNITED STATES FOR
INJURY AND DEATH OF MEMBERS OF THE ARMED FORCES
CAUSED BY IMPROPER MEDICAL CARE.
(a) In General.--Chapter 171 of title 28, United States
Code, is amended by adding at the end the following:
[[Page H5395]]
``Sec. 2681. Claims against the United States for injury and
death of members of the Armed Forces of the United States
``(a) A claim may be brought against the United States
under this chapter for damages relating to the personal
injury or death of a member of the Armed Forces of the United
States arising out of a negligent or wrongful act or omission
in the performance of medical, dental, or related health care
functions (including clinical studies and investigations)
that is provided at a covered military medical treatment
facility by a person acting within the scope of the office or
employment of that person by or at the direction of the
Government of the United States.
``(b) A claim under this section shall not be reduced by
the amount of any benefit received under subchapter III
(relating to Servicemembers' Group Life Insurance) of chapter
19 of title 38.
``(c) Notwithstanding section 2401(b), a claim brought
under this section shall have a three-year statute of
limitations beginning on the date the claimant discovered or
by reasonable diligence should have discovered the injury and
the cause of the injury.
``(d) For purposes of claims brought under this section--
``(1) subsections (j) and (k) of section 2680 do not apply;
and
``(2) in the case of an act or omission occurring outside
the United States, the law of the place where the act or
omission occurred shall be deemed to be the law of the State
of domicile of the claimant.
``(e) In this section, the term `covered military medical
treatment facility' means the facilities described in
subsections (b), (c), and (d) of section 1073d of title 10,
regardless of whether the facility is located in or outside
the United States. The term does not include battalion aid
stations or other medical treatment locations deployed in an
area of armed conflict.
``(f) Not later than two years after the date of the
enactment of this section, and every two years thereafter,
the Secretary of Defense shall submit to Congress a report on
the number of claims filed under this section.''.
(b) Clerical Amendment.--The table of sections for chapter
171 of title 28, United States Code, is amended by adding at
the end the following:
``2681. Claims against the United States for injury and death of
members of the Armed Forces of the United States.''.
(c) Effective Date.--This Act and the amendments made by
this Act shall apply to--
(1) a claim filed on or after the date of the enactment of
this Act; and
(2) a claim that--
(A) is pending as of the date of the enactment of this Act;
and
(B) arises from an incident occurring not more than two
years before the claim was filed.
(d) Rule of Construction.--Nothing in this Act or the
amendments made by this Act shall be construed to limit the
application of the administrative process and procedures of
chapter 171 of title 28, United States Code, to claims
permitted under section 2681 of such chapter, as amended by
this section.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
SEC. 801. ESTABLISHMENT OF ACQUISITION PATHWAYS FOR SOFTWARE
APPLICATIONS AND SOFTWARE UPGRADES.
(a) Guidance Required.--Not later than March 1, 2020, the
Secretary of Defense shall establish guidance authorizing the
use of acquisition pathways described in subsection (b) for
the rapid acquisition of software applications and software
upgrades that are intended to be fielded within one year. A
contract awarded under this section--
(1) shall be in an amount equal to or less than
$50,000,000; and
(2) may be entered into for a period of not more than one
year.
(b) Software Acquisition Pathways.--The guidance required
by subsection (a) shall provide for the use of the following
two acquisition pathways:
(1) Applications.--The applications pathway shall provide
for the use of rapid development and implementation of
software applications to be used with commercially available
hardware.
(2) Upgrades.--The upgrades pathway shall provide for the
rapid development and insertion of software upgrades for
embedded weapon systems or another hardware system solely
used by the Department of Defense.
(c) General Requirements.--The guidance required by
subsection (a) shall provide for--
(1) the use of proven technologies and solutions to
continuously engineer, update, and deliver capabilities in
software; and
(2) a streamlined and coordinated requirements, budget, and
acquisition process that results in the rapid fielding of
software applications and software upgrades.
(d) Expedited Process.--
(1) In general.--An acquisition conducted under the
guidance required by subsection (a) shall not be subject to
the Joint Capabilities Integration and Development System
Manual and Department of Defense Directive 5000.01, except to
the extent specifically provided in such guidance.
(2) Requirements process.--The guidance required by
subsection (a) shall provide that the requirements for
acquisition of software applications and software upgrades--
(A) are developed, refined, and prioritized on an iterative
basis through continuous participation and collaboration by
users, testers, and requirements authorities;
(B) include an identification of the need for, and users
of, the software to be acquired and a rationale for how the
software will support increased efficiency of the Department
of Defense;
(C) are stated in the form of a summary-level list of
vulnerabilities in existing software systems and desired
features or capabilities of the software to be acquired; and
(D) consider issues related to lifecycle costs, systems
interoperability, and logistics support if the developer of
the software to be acquired stops providing support.
(4) Execution of rapid acquisitions.--The Secretary shall
ensure that--
(A) an acquisition conducted under the guidance required by
subsection (a) is supported by an entity capable of regular
automated testing of the source code of the software to be
acquired and that such entity is authorized to buy storage,
bandwidth, and computing capability as necessary;
(B) the Department of Defense can collect and analyze the
testing data described in subparagraph (A) to make decisions
regarding software acquisition and oversight;
(C) the Director of Operational Test and Evaluation and the
project manager appointed under paragraph (5) design test
cases to ensure that the entity described in subparagraph (A)
can test the software to be acquired to ensure such software
meets the requirements of the contract;
(D) the project manager appointed under paragraph (5)
closely monitors the progress of an acquisition conducted
under the guidance required by subsection (a);
(E) an independent cost estimate is conducted that
considers--
(i) the iterative process of the development of the
software to be acquired; and
(ii) the long-term value of the software to be acquired to
the Department of Defense, not based on the value of
individual lines of source code of the software;
(F) the performance of fielded versions of the software to
be acquired are demonstrated and evaluated in an operational
environment; and
(G) performance metrics of the software to be acquired,
such as metrics relating to when the software can be fielded,
delivery capabilities of the software (including speed of
recovery from outages and cybersecurity vulnerabilities), and
assessments and estimations of the size and complexity of
such software, are automatically generated on a continuous
basis and made available to the Department of Defense and the
congressional defense committees.
(5) Administration of software acquisition pathways.--The
guidance required by subsection (a) may provide for the use
of any of the following streamlined procedures:
(A) The service acquisition executive of the military
department concerned shall appoint a project manager for each
acquisition of software applications and software upgrades,
as determined by the service acquisition executive. Such
project manager shall be appointed from among civilian
employees or members of the Armed Forces who have significant
and relevant experience in current software processes.
(B) Each project manager shall report with respect to such
acquisition directly, and without intervening review or
approval, to the service acquisition executive of the
military department concerned.
(C) The service acquisition executive of the military
department concerned shall evaluate the job performance of
such manager on an annual basis. In conducting an evaluation
under this paragraph, a service acquisition executive shall
consider the extent to which the manager has achieved the
objectives of the acquisition for which the manager is
responsible, including quality, timeliness, and cost
objectives.
(D) The project manager shall be authorized staff positions
for a technical staff, including experts in software
engineering to enable the manager to manage the acquisition
without the technical assistance of another organizational
unit of an agency to the maximum extent practicable.
(E) The project manager shall be authorized, in
coordination with the users and testers of the software to be
acquired, to make tradeoffs among lifecycle costs,
requirements, and schedules to meet the goals of the
acquisition.
(F) The service acquisition executive or the Under
Secretary of Defense for Acquisition and Sustainment, as
applicable, shall serve as the decision authority for the
acquisition.
(G) The project manager of a defense streamlined
acquisition shall be provided a process to expeditiously seek
a waiver from Congress from any statutory or regulatory
requirement that the project manager determines adds little
or no value to the management of the acquisition.
(e) Contract Terms.--
(1) In general.--A contract entered into pursuant to the
guidance required by subsection (a)--
(A) may be awarded within a 90-day period after
solicitation on the basis of--
(i) statements of qualifications and past performance data
submitted by offerors; and
(ii) discussions with two or more qualified offerors
without regard to price;
(B) may be a time-and-materials contract;
(C) shall be treated as a contract for the acquisition of
commercial services (as defined in section 103a of title 41,
United States Code, as in effect on January 1, 2020);
(D) shall identify the individuals to perform the work of
the contract, and such individuals may not be replaced
without the advance written consent of the contracting
officer; and
(E) may allow for a contractor performing the work of the
contract to review existing software in consultation with the
user community and incorporate user feedback to--
(i) define and prioritize software requirements; and
(ii) design and implement new software applications and
software upgrades.
[[Page H5396]]
(2) Options.--A contract entered into pursuant to the
guidance required by subsection (a) may contain an option to
extend the contract once, for a period not to exceed one
year, to complete the implementation of one or more specified
software applications and software upgrades identified during
the period of the initial contract. Such an option may not be
in an amount greater than $100,000,000 and--
(A) if the option is a time-and-materials contract, it
shall be treated as a contract for the acquisition of
commercial services (as defined in section 103a of title 41,
United States Code); and
(B) if the option is a fixed-price contract, it shall be
treated as a contract for the acquisition of commercial
products (as defined in section 103 of title 41, United
States Code).
(f) Rule of Construction.--Nothing in this section shall be
deemed to prevent the use of other methods of acquisition to
procure software applications and upgrades.
(g) Conforming Amendment.--Section 2430(a)(2) of title 10,
United States Code, is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) an acquisition program for software applications and
software upgrades carried out using the acquisition guidance
issued pursuant to section 801 of the National Defense
Authorization Act for Fiscal Year 2020.''.
SEC. 802. SOFTWARE DEVELOPMENT AND SOFTWARE ACQUISITION
TRAINING AND MANAGEMENT PROGRAMS.
(a) Establishment of Software Development and Software
Acquisition Training and Management Programs.--
(1) In general.--The Secretary of Defense, acting through
the Under Secretary of Defense for Acquisition and
Sustainment and in consultation with the Under Secretary of
Defense for Research and Engineering and the Chief
Information Officer of the Department of Defense, shall
establish software development and software acquisition
training and management programs for all software acquisition
professionals, software developers, and other appropriate
individuals, as determined by the Secretary of Defense to
earn a certification in software development and software
acquisition.
(2) Program contents.--The programs established under
paragraph (1) shall--
(A) develop and expand the use of specialized training
programs for chief information officers of the military
departments and the Defense Agencies, service acquisition
executives, program executive officers, and program managers
to include training on and experience in--
(i) continuous software development; and
(ii) acquisition pathways available to acquire software;
(B) ensure program managers for major defense acquisition
programs, defense business systems, and other software
programs of the Department of Defense--
(i) have demonstrated competency in current software
processes;
(ii) have the skills to lead a workforce that can quickly
meet challenges, use software tools that prioritize
continuous or frequent upgrades as such tools become
available, take up opportunities provided by new innovations,
and plan software activities in short iterations to learn
from risks of software testing; and
(iii) have the experience and training to delegate
technical oversight and execution decisions; and
(C) include continuing education courses and experiential
training to help individuals maintain skills learned through
the programs.
(b) Reports.--
(1) Reports required.--The Secretary shall submit to the
congressional defense committees--
(A) not later than 90 days after the date of the enactment
of this Act, an initial report; and
(B) not later than one year after the date of the enactment
of this Act, a final report.
(2) Contents.--Each report required under paragraph (1)
shall include--
(A) the status of implementing the software development and
software acquisition training and management programs
established under subsection (a)(1);
(B) a description of the requirements for certification,
including the requirements for competencies in current
software processes;
(C) a description of potential career paths in software
development and software acquisition within the Department of
Defense;
(D) an independent assessment conducted by the Defense
Innovation Board of the progress made on implementing the
programs established under subsection (a)(1); and
(E) any recommendations for changes to existing law to
facilitate the implementation of the programs established
under subsection (a)(1).
(c) Definitions.--In this section:
(1) Program executive officer; program manager.--The terms
``program executive officer'' and ``program manager'' have
the meanings given those terms, respectively, in section 1737
of title 10, United States Code.
(2) Service acquisition executive.--The terms ``military
department'', ``Defense Agency'', and ``service acquisition
executive'' have the meanings given those terms,
respectively, in section 101 of title 10, United States Code.
(3) Major defense acquisition program.--The term ``major
defense acquisition program'' has the meaning given in
section 2430 of title 10, United States Code.
(4) Defense business system.--The term ``defense business
system'' has the meaning given in section 2222(i)(1) of title
10, United States Code.
SEC. 803. MODIFICATIONS TO COST OR PRICING DATA FOR CERTAIN
PROCUREMENTS.
(a) Cost or Pricing Data for Certain Commercial Products.--
(1) In general.--Section 2306a(b)(4) of title 10, United
States Code, is amended by adding at the end the following
new subparagraph:
``(D) If the head of contracting activity determines, based
on market research, that a commercial item will be solely
procured by the Department of Defense, the offeror of such
commercial product shall provide cost or pricing data to the
contracting officer pursuant to subsection (a).''.
(2) Conforming amendment.--Effective January 1, 2020,
subparagraph (D) of section 2306a(b)(4) of title 10, United
States Code, as added by paragraph (1), is amended by
striking ``commercial item'' and inserting ``commercial
product''.
(b) Data Other Than Certified Cost or Pricing Data for Sole
Source Contract Awards.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Defense shall
revise the Defense Supplement to the Federal Acquisition
Regulation to require an offeror for a sole source contract,
subcontract, or modification of a sole source contract or
subcontract, to submit to the contracting officer data other
than certified cost or pricing data under section 2306a(d) of
title 10, United States Code, for purposes of determining the
reasonableness of the price of the contract, subcontract, or
modification of the contract or subcontract.
(2) Penalty.--With respect to an offeror that fails to
comply with the requirements established under paragraph (1),
the Secretary of Defense may--
(A) suspend or debar such offeror; or
(B) include a notation on such offeror in the system used
by the Federal Government to monitor or record contractor
past performance.
(c) Should-cost Analysis for Commercial Product
Procurements.--The Director of the Defense Contract
Management Agency shall identify which commercial products
(as defined in section 103 of title 41, United States Code,
as in effect on January 1, 2020) should be analyzed under the
should-cost review process before the Secretary of Defense
enters into a contract to procure such a commercial product.
(d) Guidelines and Resources on the Acquisition or
Licensing of Intellectual Property.--Section 2322 of title
10, United States Code, is amended by adding at the end the
following new subsection:
``(c) Guidelines and Resources.--
``(1) In general.--The Secretary of Defense, acting through
the Under Secretary of Defense for Acquisition and
Sustainment, shall develop guidelines and resources on the
acquisition or licensing of intellectual property,
including--
``(A) model forms for specially negotiated licenses
described under section 2320(f) (as appropriate); and
``(B) an identification of definitions, key terms,
examples, and case studies that resolve ambiguities in the
differences between--
``(i) detailed manufacturing and process data;
``(ii) form, fit, and function data; and
``(iii) data required for operations, maintenance,
installation, and training.
``(2) Consultation.--In developing the guidelines and
resources described in paragraph (1), the Secretary shall
regularly consult with appropriate stakeholders, including
large and small businesses, traditional and non-traditional
contractors (including subcontractors), and maintenance
repair organizations.''.
SEC. 804. MODIFICATIONS TO COST OR PRICING DATA ON BELOW-
THRESHOLD CONTRACTS.
(a) Below-threshold Civilian Contracts.--Section 3504 of
title 41, United States Code is amended--
(1) by striking ``head of the procuring activity'' each
place it appears and inserting ``contracting officer'';
(2) in subsection (b), by striking ``or (2)''; and
(3) by striking subsection (c).
(b) Below-threshold Defense Contracts.--Section 2306a(c) of
title 10, United States Code, is amended--
(1) by striking ``head of the procuring activity'' each
place it appears and inserting ``contracting officer'';
(2) in paragraph (2), by striking ``or (B)''; and
(3) by striking paragraph (3).
SEC. 805. COMPTROLLER GENERAL REPORT ON PRICE REASONABLENESS.
Not later than March 31, 2021, the Comptroller General of
the United States shall submit to the congressional defense
committees, the Committee on Oversight and Reform of the
House of Representatives, and the Committee on Homeland
Security and Governmental Affairs of the Senate a report on
the efforts of the Secretary of Defense to secure data
relating to the price reasonableness of offers from offerors.
The report shall include a review of--
(1) the number of, and justification for, any waiver of
requirements for submission of certified cost or pricing data
for sole source contracts for spare parts issued during
fiscal years 2015 through 2019 pursuant to section
2306a(b)(1)(C) of title 10, United States Code;
(2) the number of, and justification for, any exception to
the requirements for submission of certified cost or pricing
data for sole source contracts for spare parts provided
during fiscal years 2015 through 2019 pursuant to section
2306a(b)(1)(B) of title 10, United States Code;
(3) the number of contracts awarded for which a request for
cost or pricing data, including data other than certified
cost or pricing data, to determine price reasonableness was
denied by an offeror at the time of award;
(4) actions taken by the Secretary if an offeror refused to
provide request data described in paragraph (2), including--
(A) whether the contracting officer included a notation in
the system used by the Federal Government to monitor or
record contractor past performance regarding the refusal of
an offeror to provide such data;
[[Page H5397]]
(B) any strategies developed by the Secretary to acquire
the good that was the subject of a contract for which the
offeror refused to provide such data in the future without
the need for such a waiver.
SEC. 806. REQUIREMENT THAT CERTAIN SHIP COMPONENTS BE
MANUFACTURED IN THE NATIONAL TECHNOLOGY AND
INDUSTRIAL BASE.
(a) Additional Procurement Limitation.--Section 2534(a) of
title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(6) Components for auxiliary ships.--Subject to
subsection (k), the following components:
``(A) Auxiliary equipment, including pumps, for all
shipboard services.
``(B) Propulsion system components, including engines,
reduction gears, and propellers.
``(C) Shipboard cranes.
``(D) Spreaders for shipboard cranes.''.
(b) Implementation.--Such section is further amended by
adding at the end the following new subsection:
``(k) Implementation of Auxiliary Ship Component
Limitation.--Subsection (a)(6) applies only with respect to
contracts awarded by the Secretary of a military department
for new construction of an auxiliary ship after the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2020 using funds available for National Defense
Sealift Fund programs or Shipbuilding and Conversion, Navy.
For purposes of this subsection, the term `auxiliary ship'
does not include an icebreaker.''.
SEC. 807. ACQUISITION AND DISPOSAL OF CERTAIN RARE EARTH
MATERIALS.
(a) Guidance on Streamlined Acquisition of Covered Rare
Earth Materials.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment, in consultation with the Under
Secretary of Defense (Comptroller), the Vice Chairman of the
Joint Chiefs of Staff, and the appropriate Under Secretary of
State designated by the Secretary of State shall establish
guidance to--
(A) enable the acquisition of items containing rare earth
materials; and
(B) establish a secure supply chain for rare earth
materials from sources within the United States and covered
foreign sources.
(2) Contents.--The guidance required by paragraph (1) shall
encourage the use of rare earth materials mined, refined,
processed, melted, or sintered in the United States and
include--
(A) a determination of when best value contracting methods
should be used to ensure the viability of a rare earth
material supplier;
(B) a guide to the applicability of relevant statutes,
including sections 2533b and 2533c of title 10, United States
Code, and other statutory or regulatory restrictions to
defense contracts and subcontracts;
(C) information on current sources within the United States
and covered foreign sources of rare earth materials along
with commonly used commercial documentation and review
processes;
(D) directives on budgeting and expending funds for the
qualification and certification of suppliers of rare earth
materials within the United States to meet national security
needs; and
(E) any exceptions to the Joint Capabilities Integration
and Development System Manual and Department of Defense
Directive 5000.01.
(3) Report.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment, in consultation with the
appropriate Under Secretary of State designated by the
Secretary of State, shall submit to the congressional defense
committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of
the Senate a report on--
(A) the guidance required by paragraph (1); and
(B) the efforts of the Secretary of Defense to create and
maintain secure supply chain for rare earth materials from
sources within the United States and covered foreign sources.
(4) Definitions.--In this subsection:
(A) Covered foreign source.--The term ``covered foreign
source'' means a source located in a foreign country that is
not an adversary of the United States, as determined by the
Secretary of Defense.
(B) Rare earth material.--The term ``rare earth material''
means a concentrate, oxide, carbonate, fluoride, metal,
alloy, magnet, or finished product whose chemical, magnetic,
or nuclear properties are largely defined by the presence
of--
(i) yttrium;
(ii) scandium; or
(iii) any lanthanide series element.
(b) Authority to Dispose of and Acquire Materials for the
National Defense Stockpile.--
(1) Disposal authority.--Pursuant to section 5(b) of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98d(b)), the National Defense Stockpile Manager shall dispose
of 3,000,000 pounds of tungsten ores and concentrates
contained in the National Defense Stockpile (in addition to
any amount previously authorized for disposal).
(2) Acquisition authority.--
(A) Authority.--Using funds available in the National
Defense Stockpile Transaction Fund, the National Defense
Stockpile Manager may acquire the following materials
determined to be strategic and critical materials required to
meet the defense, industrial, and essential civilian needs of
the United States:
(i) Aerospace-grade rayon.
(ii) Electrolytic manganese metal.
(iii) Pitch-based carbon fiber.
(iv) Rare earth cerium compounds.
(v) Rare earth lanthanum compounds.
(B) Amount of authority.--The National Defense Stockpile
Manager may use up to $14,420,000 in the National Defense
Stockpile Transaction Fund for acquisition of the materials
specified in subsection (b).
(C) Fiscal year limitation.--The authority under subsection
(b) is available for purchases during fiscal year 2020
through fiscal year 2024.
(c) National Defense Stockpile Sales.--
(1) Sense of congress.--It is the sense of Congress that
tantalum should be designated as a strategic and critical
material under the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98 et seq.), required to meet the
defense, industrial, and essential civilian needs of the
United States.
(2) National defense stockpile sales of tantalum.--Section
2533c(d)(1) of title 10, United States code, is amended--
(A) in subparagraph (C), by striking ``and'' at the end;
(B) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(C) adding at the end the following new subparagraph:
``(E) tantalum.''.
(3) Prohibition on sales of materials.--Section 2533c(a)(2)
of title 10, United States Code, is amended by striking
``covered'' before ``material''.
SEC. 808. PROHIBITION ON ACQUISITION OF TANTALUM FROM NON-
ALLIED FOREIGN NATIONS.
Subsection (d)(1) of section 2533c of title 10, United
States Code, is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(E) tantalum.''.
SEC. 809. APPLICATION OF MISCELLANEOUS TECHNOLOGY BASE
POLICIES AND PROGRAMS TO THE COLUMBIA-CLASS
SUBMARINE PROGRAM.
Notwithstanding subchapter V of chapter 148 of title 10,
United States Code (except for sections 2534, 2533a, and
2533b of such title), for a period of one year beginning on
the date of the enactment of this Act, the milestone decision
authority (as defined in section 2366a of title 10, United
States Code) for the Columbia-class submarine program shall
ensure that such program maintains the schedule approved
under the Milestone B approval (as defined in such section).
SEC. 810. APPLICATION OF LIMITATION ON PROCUREMENT OF GOODS
OTHER THAN UNITED STATES GOODS TO THE FFG-
FRIGATE PROGRAM.
Notwithstanding any other provision of law, amounts
authorized to carry out the FFG-Frigate Program may be used
to award a new contract that provides for the acquisition of
the following components regardless of whether those
components are manufactured in the United States:
(1) Auxiliary equipment (including pumps) for shipboard
services.
(2) Propulsion equipment (including engines, reduction
gears, and propellers).
(3) Shipboard cranes.
(4) Spreaders for shipboard cranes.
SEC. 811. CONSIDERATION OF PRICE IN PROCUREMENT OF THE FFG(X)
FRIGATE.
In evaluating proposals for a contract to procure a FFG(X)
frigate, the Secretary of the Navy shall ensure price is a
critical evaluation factor set forth in the request for
proposal (solicitation number N0002419R2300) for the
procurement of the frigate.
SEC. 812. REPEAL OF CONTINUATION OF DATA RIGHTS DURING
CHALLENGES.
(a) Repeal.--Section 866 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 132 Stat. 1901; 10 U.S.C. 2321) is repealed.
(b) Restoration of Amended Provision.--Subsection (i) of
section 2321 of title 10, United States Code, is amended to
read as follows:
``(i) Rights and Liability Upon Final Disposition.--(1) If,
upon final disposition, the contracting officer's challenge
to the use or release restriction is sustained--
``(A) the restriction shall be cancelled; and
``(B) if the asserted restriction is found not to be
substantially justified, the contractor or subcontractor
asserting the restriction shall be liable to the United
States for payment of the cost to the United States of
reviewing the asserted restriction and the fees and other
expenses (as defined in section 2412(d)(2)(A) of title 28)
incurred by the United States in challenging the asserted
restriction, unless special circumstances would make such
payment unjust.
``(2) If, upon final disposition, the contracting officer's
challenge to the use or release restriction is not
sustained--
``(A) the United States shall continue to be bound by the
restriction; and
``(B) the United States shall be liable for payment to the
party asserting the restriction for fees and other expenses
(as defined in section 2412(d)(2)(A) of title 28) incurred by
the party asserting the restriction in defending the asserted
restriction if the challenge by the United States is found
not to be made in good faith.''.
SEC. 813. REPEAL OF AUTHORITY TO WAIVE ACQUISITION LAWS TO
ACQUIRE VITAL NATIONAL SECURITY CAPABILITIES.
Section 806 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note) is
repealed.
SEC. 814. REPEAL OF TRANSFER OF FUNDS RELATED TO COST
OVERRUNS AND COST UNDERRUNS.
(a) In General.--Section 828 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10
U.S.C. 2430 note) is repealed.
[[Page H5398]]
(b) Conforming Amendment.--Section 825 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 131 Stat. 1466) is amended--
(1) by repealing subsection (b); and
(2) by striking ``(a) In General.--''.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 821. MODIFICATIONS TO THE MIDDLE TIER OF ACQUISITION
PROGRAMS.
(a) Access to Technical Data, Records, and Information.--
Section 804 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note) is
amended by adding at the end the following new subsection:
``(e) Access to Technical Data, Records, and Information.--
The Secretary of Defense shall develop a process to provide
the Director of Operational Test and Evaluation, the Director
of Cost Assessment and Program Evaluation, and the Under
Secretary of Defense for Research and Engineering access to
all technical data, records, and information necessary to
evaluate the technological maturity, operational
effectiveness, and operational suitability of products and
technologies proposed to be acquired under the guidance
required by subsection (a).''.
(b) Dollar Threshold for Acquisition Programs.--Subsection
(a) of such section is amended--
(1) by striking ``Not later than'' and inserting the
following:
``(1) In general.--Not later than'';
(2) in paragraph (1), as so designated, by striking
``acquisition programs that are intended to be completed in a
period of two to five years.'' and inserting the following:
``acquisition programs--
``(A) with an eventual total expenditure for research,
development, test, and evaluation or an eventual total
expenditure for procurement that is less than those
expenditures described in section 2430(a)(1)(B) of this
title; and
``(B) that are intended to be completed in a period of two
to five years.''; and
(3) by adding at the end the following new paragraph:
``(2) Waiver.--The Secretary of Defense may waive the
requirements of subparagraph (A) of paragraph (1), and may
not delegate the authority to make such a waiver.''.
SEC. 822. BRIEFING RELATING TO THE ``MIDDLE TIER'' OF
ACQUISITION PROGRAMS.
(a) In General.--Not later than December 1, 2019, the
Secretary of Defense shall provide a briefing to the
congressional defense committees on lessons learned and best
practices identified through the use of the ``middle tier''
of acquisition programs described under section 804 of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 10 U.S.C. 2302 note). The briefing shall
be accompanied by a written analysis--
(1) identifying which lessons learned can be applied to--
(A) ``middle tier'' acquisition programs; and
(B) any major defense acquisition program (as defined under
section 2430 of title 10, United States Code);
(2) describing the extent to which covered risk should be a
factor in determining which acquisition authority to use,
including--
(A) an acquisition pathway as described under subsection
(b) of section 804 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2302
note);
(B) the authority described under section 2371b of title
10, United States Code;
(C) acquisition authority relating to urgent operational
needs;
(D) a traditional acquisition process; or
(E) any other acquisition authority, as determined by the
Secretary;
(3) describing whether any requirements applicable to major
defense acquisition programs should be applicable to ``middle
tier'' acquisition programs under such section; and
(4) recommending amendments or revisions (as applicable) to
law or regulation, and including available data to support
such recommendations.
(b) Covered Risk Defined.--In this section, the term
``covered risk'' shall have the meaning given by the
Secretary of Defense, and shall include a consideration of
cost, schedule, performance, risk to operational success.
SEC. 823. RATES FOR PROGRESS PAYMENTS OR PERFORMANCE-BASED
PAYMENTS.
(a) Consistency in Establishment of Rates for Progress
Payments or Performance-based Payments.--Section 2307(a) of
title 10, United States Code, is amended by inserting the
following new paragraph:
``(3) Except as provided in subsection (g), the Secretary
of Defense shall not establish a rate for progress payments
or a rate for performance-based payments that is lower than
the rate for progress payments or a rate for performance-
based payments, as applicable, established by another head of
an agency.''.
(b) Payment Authority.--Section 2307(a)(1) of title 10,
United States Code, is amended in the matter preceding
subparagraph (A) by striking ``The head of any agency may''
and inserting ``The head of an agency may--''.
(c) Notice of Revision to Rates for Progress Payments or
Performance-based Payments.--
(1) To congress.--The Secretary of Defense may not issue
rules to revise the rate for progress payments or the rate
for performance-based payments unless the Secretary provides
the congressional defense committees with a notice of
determination of need for such revision. This notice shall
include--
(A) a justification, including the data and analysis
supporting the justification, for the revision; and
(B) an assessment of how the revision will create a more
effective acquisition process and benefit the defense
industrial base.
(2) Publication.--The Secretary shall publish the notice
required by paragraph (1) in the Federal Register not later
than five business days after providing such notice to the
congressional defense committees.
SEC. 824. ADDITIONAL REQUIREMENTS FOR NEGOTIATIONS FOR
NONCOMMERCIAL COMPUTER SOFTWARE.
Section 2322a of title 10, United States Code, is amended
by adding at the end the following new subsections:
``(c) Rights to Noncommercial Computer Software.--As part
of any negotiation for the acquisition of noncommercial
computer software, the Secretary of Defense may not require a
contractor to sell or otherwise relinquish to the Federal
Government any rights to noncommercial computer software
developed exclusively at private expense, except for rights
related to--
``(1) corrections or changes to such software or related
materials for such software furnished to the contractor by
the Department of Defense;
``(2) such software or related materials for such software
that is otherwise publicly available or that has been
released or disclosed by the contractor or subcontractor
without restrictions on further use, release, or disclosure,
other than a release or disclosure resulting from the sale,
transfer, or other assignment of interest in such software or
related materials to another party;
``(3) such software or related materials for such software
obtained with unlimited rights under another contract with
the Federal Government or as a result of such a negotiation;
or
``(4) such software or related materials for such software
furnished to the Department of Defense under a contract or
subcontract that includes--
``(A) restricted rights in such software, limited rights in
technical data, or government purpose rights, where such
restricted rights, limited rights, or government purpose
rights have expired; or
``(B) government purpose rights, where the contractor's
exclusive right to use such software or related materials for
commercial purposes has expired.
``(d) Consideration of Specially Negotiated Licenses.--The
Secretary of Defense shall, to the maximum extent
practicable, negotiate and enter into a contract with a
contractor for a specially negotiated license for
noncommercial computer software or related materials for such
software necessary to support the product support strategy of
a major weapon system or subsystem of a major weapon
system.''.
SEC. 825. RESPONSIBILITY FOR DATA ANALYSIS AND REQUIREMENTS
VALIDATION FOR SERVICES CONTRACTS.
Section 2329 of title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``, acting through the
Under Secretary of Defense (Comptroller) and Director of Cost
Assessment and Program Evaluation,'' after ``Secretary of
Defense'';
(2) in subsection (b), in the matter preceding paragraph
(1), by inserting ``, acting through the Under Secretary of
Defense (Comptroller) and Director of Cost Assessment and
Program Evaluation,'' after ``Secretary of Defense''; and
(3) in subsection (c)(2)(A), by inserting ``, acting
through the Under Secretary of Defense (Comptroller) and
Director of Cost Assessment and Program Evaluation,'' after
``Secretary of Defense''.
SEC. 826. ANNUAL REPORTS ON AUTHORITY TO CARRY OUT CERTAIN
PROTOTYPE PROJECTS.
(a) In General.--Section 2371b of title 10, United States
Code, is amended by adding at the end the following new
subsections:
``(i) Data Collection and Use.--(1) The service acquisition
executive of each military department shall collect data on
the use of the authority under this section by the applicable
military department, and the Under Secretary of Defense for
Research and Engineering and the Under Secretary of Defense
for Acquisition and Sustainment shall collect data on all
other use of such authority by the Department of Defense,
including use by the Defense Agencies.
``(2) The Under Secretary of Defense for Acquisition and
Sustainment shall--
``(A) maintain a database of information collected under
this section, which shall be made accessible to any official
designated by the Secretary of Defense; and
``(B) analyze such information to update policy and
guidance related to the use of the authority under this
section.
``(j) Report.--(1) Not later than December 31, 2019, and
each December 31 thereafter the Secretary of Defense shall
annually submit to the congressional defense committees a
report covering the preceding fiscal year on the use of the
authority under this section. Each report shall summarize the
data collected under subsection (i) on the nature and extent
of each such use of the authority, including a description--
``(A) of the participants to an agreement entered into
pursuant to the authority of subsection (a) or a follow-on
contract or transaction entered into pursuant to the
authority of subsection (f);
``(B) of the quantity of prototype projects to be produced
pursuant to such an agreement, follow-on contract, or
transaction;
``(C) of the amount of payments made pursuant to each such
agreement, follow-on contract, or transaction;
``(D) of the purpose, description, and status of prototype
projects carried out pursuant to each such agreement, follow-
on contract, or transaction; and
``(E) including case examples, of the successes and
challenges with using the authority of subsection (a) or (f).
[[Page H5399]]
``(2) A report required under this subsection shall be
submitted in unclassified form without any designation
relating to dissemination control, but may contain a
classified annex.''.
(b) Conforming Amendment.--Section 873 of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 132 Stat. 1905; 10 U.S.C. 2371
note) is repealed.
SEC. 827. COMPETITION REQUIREMENTS FOR PURCHASES FROM FEDERAL
PRISON INDUSTRIES.
(a) Competition Requirements for Purchases From Federal
Prison Industries.--Subsections (a) and (b) of section 2410n
of title 10, United States Code, are amended to read as
follows:
``(a) Market Research.--Before purchasing a product listed
in the latest edition of the Federal Prison Industries
catalog published under section 4124(d) of title 18, the
Secretary of Defense shall conduct market research to
determine whether such product--
``(1) is comparable to products available from the private
sector; and
``(2) best meets the needs of the Department of Defense in
terms of price, quality, and time of delivery.
``(b) Competition Requirement.--If the Secretary determines
that a Federal Prison Industries product is not comparable to
products available from the private sector and does not best
meet the needs of the Department of Defense in terms of
price, quality, or time of delivery, the Secretary shall use
competitive procedures or make an individual purchase under a
multiple award contract for the procurement of the product.
In conducting such a competition or making such a purchase,
the Secretary shall consider a timely offer from Federal
Prison Industries.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect 60 days after the date of the enactment of
this Act.
SEC. 828. ENHANCED POST-AWARD DEBRIEFING RIGHTS.
Section 818(a)(1) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1463; 10
U.S.C. 2305 note) is amended by striking ``$100,000,000''
each place it appears and inserting ``$50,000,000''.
SEC. 829. STANDARDIZING DATA COLLECTION AND REPORTING ON USE
OF SOURCE SELECTION PROCEDURES BY FEDERAL
AGENCIES.
(a) Repeal of Government Accountability Office Reporting
Requirements on Use of Lowest Price Technically Acceptable
Source Selection Criteria.--
(1) Department of defense.--Section 813 of the National
Defense Authorization Act for Fiscal Year 2017 (10 U.S.C.
2305 note) is amended by striking subsection (d).
(2) Other agencies.--Section 880 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 1910; 41 U.S.C. 3701 note) is
amended by striking subsection (d) and redesignating
subsection (e) as subsection (d).
(b) Revision to the Federal Procurement Data System.--Not
later than 180 days after the date of the enactment of this
Act, the Administrator of General Services, in coordination
with the Administrator for Federal Procurement Policy, shall
direct appropriate revisions to the Federal procurement data
system established pursuant to section 1122(a)(4) of title
41, United States Code (or any successor system), to
facilitate the collection of complete, timely, and reliable
data on the source selection processes used by Federal
agencies for the contract actions being reported in the
system. The Administrator of General Services shall ensure
that data is collected--
(1) at a minimum, on the usage of the lowest price
technically acceptable contracting methods and best value
contracting methods process; and
(2) on all applicable contracting actions, including task
orders or delivery orders issued under indefinite delivery-
indefinite quantity contracts.
SEC. 830. MODIFICATION OF JUSTIFICATION AND APPROVAL
REQUIREMENT FOR CERTAIN DEPARTMENT OF DEFENSE
CONTRACTS.
(a) Modification of Justification and Approval
Requirement.--Notwithstanding section 811 of the National
Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2405)--
(1) no justification and approval is required under such
section for a sole-source contract awarded by the Department
of Defense in a covered procurement for an amount not
exceeding $100,000,000; and
(2) for purposes of subsections (a)(2) and (c)(3)(A) of
such section, the appropriate official designated to approve
the justification for a sole-source contract awarded by the
Department of Defense in a covered procurement exceeding
$100,000,000 is the official designated in section
2304(f)(1)(B)(ii) of title 10, United States Code.
(b) Guidance.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall issue
guidance to implement the authority under subsection (a).
(c) Comptroller General Review.--
(1) Data tracking and collection.--The Department of
Defense shall track the use of the authority provided
pursuant to subsection (a) and make the data available to the
Comptroller General for purposes of the report required under
paragraph (2).
(2) Report.--Not later than February 1, 2022, the
Comptroller General of the United States shall submit a
report to the congressional defense committees on the use of
the authority provided pursuant to subsection (a) through the
end of fiscal year 2021.
Subtitle C--Provisions Relating to Acquisition Workforce
SEC. 841. DEFENSE ACQUISITION WORKFORCE CERTIFICATION AND
EDUCATION REQUIREMENTS.
(a) Professional Certification Requirement.--
(1) Professional certification required for all acquisition
workforce personnel.--Section 1701a of title 10, United
States Code, is amended--
(A) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(B) by inserting after subsection (b) the following new
subsection:
``(c) Professional Certification.--(1) In General.--The
Secretary of Defense shall implement a certification program
to provide for a professional certification requirement for
all members of the acquisition workforce. Except as provided
in paragraph (2), the certification requirement for any
career field of the acquisition workforce shall be based on
nationally or internationally recognized standards developed
by a third-party entity.
``(2) Requirements for Secretary.--If the Secretary
determines that, for a particular acquisition workforce
career field, the third-party entity described in paragraph
(1) does not meet the needs of the Department, the Secretary
shall establish the professional certification requirement
for that career field that conforms with nationally or
internationally recognized standards. The Secretary shall
determine the best approach to implement such requirement for
that career field, including implementation through entities
outside the Department of Defense and may be designed and
implemented without regard to section 1746 of this title.''.
(2) Certification renewal.--Paragraph (3) of section
1723(a) of such title is amended by striking the second
sentence.
(3) Participation in professional associations.--Section
1701a(b) of such title is amended--
(A) by redesignating paragraphs (6), (7), (8), and (9) as
paragraphs (7), (8), (9), and (10), respectively; and
(B) by inserting after paragraph (5) the following new
paragraph:
``(6) authorize a member of the acquisition workforce to
participate in professional associations, consistent with the
performance plan of such member, if such participation
provides the member with the opportunity to gain leadership
and management skills;''.
(4) Effective date.--The Secretary of Defense shall carry
out the certification program required by subsection (c) of
section 1701a of title 10, United States Code, as added by
paragraph (1), not later than 180 days after the date of the
enactment of this Act.
(b) Elimination of Statutory Requirement for Completion of
24 Semester Credit Hours.--
(1) Qualification requirements for contracting officers.--
Section 1724 of title 10, United States Code, is amended--
(A) in subsection (a)(3)--
(i) by striking ``(A)'' after ``(3)''; and
(ii) by striking ``, and (B)'' and all that follows through
``and management'';
(B) in subsection (b), by striking ``requirements'' in the
first sentences of paragraphs (1) and (2) and inserting
``requirement'';
(C) in subsection (e)--
(i) in paragraph (1)--
(I) by striking ``requirements in subparagraphs (A) and (B)
of subsection (a)(3)'' and inserting ``requirement of
subsection (a)(3)''; and
(II) in subparagraph (C), by striking ``requirements'' and
inserting ``requirement''; and
(ii) in paragraph (2)--
(I) by striking ``shall have--'' and all that follows
through ``been awarded'' and inserting ``shall have been
awarded'';
(II) by striking ``; or'' and inserting a period; and
(III) by striking subparagraph (B); and
(D) in subsection (f), by striking ``, including--'' and
all that follows and inserting a period.
(2) Selection criteria and procedures.--Section 1732 of
such title is amended--
(A) in subsection (b)(1)--
(i) by striking ``Such requirements,'' and all the follows
through ``the person--'' and inserting ``Such requirements
shall include a requirement that the person--'';
(ii) by striking subparagraph (B); and
(iii) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively, and conforming the
margins accordingly;
(B) in subsection (c), by striking ``requirements of
subsections (b)(1)(A) and (b)(1)(B)'' in paragraphs (1) and
(2) and inserting ``requirement of subsection (b)(1)''; and
(C) in subsection (d)--
(i) by striking ``(1) Except as provided in paragraph
(2),''; and
(ii) by striking paragraph (2).
(c) Defense Acquisition University Curriculum
Development.--Section 1746(c) of title 10, United States
Code, is amended by inserting ``, and with commercial
providers of training,'' after ``military departments''.
(d) Career Paths.--
(1) Career path required for each acquisition workforce
career field.--Paragraph (4) of section 1701a(b) of title 10,
United States Code, is amended to read as follows:
``(4) develop and implement a career path, as described in
section 1722(a) of this title, for each career field
designated by the Secretary under section 1721(a) of this
title as an acquisition workforce career field;''.
(2) Conforming amendments.--Section 1722(a) of such title
is amended--
(A) by striking ``appropriate career paths'' and inserting
``an appropriate career path''; and
(B) by striking ``are identified'' and inserting ``is
identified for each acquisition workforce career field''.
(3) Deadline for implementation of career paths.--The
Secretary of Defense shall carry
[[Page H5400]]
out the requirements of paragraph (4) of section 1701a(b) of
title 10, United States Code (as amended by paragraph (1)),
not later than the end of the two-year period beginning on
the date of the enactment of this Act.
(e) Career Fields.--
(1) Designation of acquisition workforce career fields.--
Section 1721(a) of such title is amended by adding at the end
the following new sentence: ``The Secretary shall also
designate in regulations those career fields in the
Department of Defense that are acquisition workforce career
fields for purposes of this chapter.''.
(2) Clerical amendments.--(A) The heading of such section
is amended to read as follows:
``Sec. 1721. Designation of acquisition positions and
acquisition workforce career fields''.
(B) The item relating to such section in the table of
sections at the beginning of subchapter II of chapter 87 of
such title is amended to read as follows:
``1721. Designation of acquisition positions and acquisition workforce
career fields.''.
(3)(A) The heading of subchapter II of chapter 87 of such
title is amended to read as follows:
``subchapter ii--acquisition positions and acquisition workforce
career fields''.
(B) The item relating to such subchapter in the table of
subchapters at the beginning of such chapter is amended to
read as follows:
``II. Acquisition Positions And Acquisition Workforce Career1721''.....
(4) Deadline for designation of career fields.--The
Secretary of Defense shall carry out the requirements of
second sentence of section 1721(a) of title 10, United States
Code (as added by paragraph (1)), not later than the end of
the six-month period beginning on the date of the enactment
of this Act.
(f) Key Work Experiences.--
(1) Development of key work experiences for each
acquisition workforce career field.--Section 1722b of such
title is amended by adding at the end the following new
subsection:
``(c) Key Work Experiences.--In carrying out subsection
(b)(2), the Secretary shall ensure that key work experiences,
in the form of multidiscipline training, are developed for
each acquisition workforce career field.''.
(2) Plan for implementation of key work experiences.--Not
later than one year after the date of the enactment of this
Act, the Secretary of Defense shall submit to the
congressional defense committees a plan identifying the
specific actions the Department of Defense has taken, and is
planning to take, to develop and establish key work
experiences for each acquisition workforce career field as
required by subsection (c) of section 1722b of title 10,
United States Code, as added by paragraph (1). The plan shall
include specification of the percentage of the acquisition
workforce, or funds available for administration of the
acquisition workforce on an annual basis, that the Secretary
will dedicate towards developing such key work experiences.
(g) Applicability of Career Path Requirements to All
Members of Acquisition Workforce.--Section 1723(b) of such
title is amended by striking ``the critical acquisition-
related''.
(h) Competency Development.--
(1) In general.--(A) Subchapter V of chapter 87 of such
title is amended by adding at the end the following new
section:
``Sec. 1765. Competency development
``(a) In General.--For each acquisition workforce career
field, the Secretary of Defense shall establish, for the
civilian personnel in that career field, defined proficiency
standards and technical and nontechnical competencies which
shall be used in personnel qualification assessments.
``(b) Negotiations.--Any action taken by the Secretary
under this section, or to implement this section, shall not
be subject to the requirements of chapter 71 of title 5.''.
(B) The table of sections at the beginning of such
subchapter II is amended by adding at the end the following
new item:
``1765. Competency development.''.
(2) Deadline for implementation.--The Secretary of Defense
shall carry out the requirements of section 1765 of title 10,
United States Code (as added by paragraph (1)), not later
than the end of the two-year period beginning on the date of
the enactment of this Act.
(i) Termination of Defense Acquisition Corps.--
(1) The Acquisition Corps for the Department of Defense
referred to in section 1731(a) of title 10, United States
Code, is terminated.
(2) Section 1733 of title 10, United States Code, is
amended--
(A) by striking subsection (a); and
(B) by redesignating subsection (b) as subsection (a).
(3) Subsection (b) of section 1731 of such title is
transferred to the end of section 1733 of such title, as
amended by paragraph (2), and amended--
(A) by striking ``Acquisition Corps'' in the heading and
inserting ``the Acquisition Workforce''; and
(B) by striking ``selected for the Acquisition Corps'' and
inserting ``in the acquisition workforce''.
(4) Subsection (e) of section 1732 of such title is
transferred to the end of section 1733 of such title, as
amended by paragraphs (2) and (3), redesignated as subsection
(c), and amended--
(A) by striking ``in the Acquisition Corps'' in paragraphs
(1) and (2) and inserting ``in critical acquisition
positions''; and
(B) by striking ``serving in the Corps'' in paragraph (2)
and inserting ``employment''.
(5) Sections 1731 and 1732 of such title are repealed.
(6)(A) Section 1733 of such title, as amended by paragraphs
(2), (3), and (4), is redesignated as section 1731.
(B) The table of sections at the beginning of subchapter
III of chapter 87 of such title is amended by striking the
items relating to sections 1731, 1732, and 1733 and inserting
the following new item:
``1731. Critical acquisition positions.''.
(7)(A) The heading of subchapter III of chapter 87 of such
title is amended to read as follows:
``subchapter iii--critical acquisition positions''.
(B) The item relating to such subchapter in the table of
subchapters at the beginning of such chapter is amended to
read as follows:
``III. Critical Acquisition Positions.......................1731''.....
(8) Section 1723(a)(2) of such title is amended by striking
``section 1733 of this title'' and inserting ``section 1731
of this title''.
(9) Section 1725 of such title is amended--
(A) in subsection (a)(1), by striking ``Defense Acquisition
Corps'' and inserting ``acquisition workforce''; and
(B) in subsection (d)(2), by striking ``of the Defense
Acquisition Corps'' and inserting ``in the acquisition
workforce serving in critical acquisition positions''.
(10) Section 1734 of such title is amended--
(A) by striking ``of the Acquisition Corps'' in subsections
(e)(1) and (h) and inserting ``of the acquisition
workforce''; and
(B) in subsection (g)--
(i) by striking ``of the Acquisition Corps'' in the first
sentence and inserting ``of the acquisition workforce'';
(ii) by striking ``of the Corps'' and inserting ``of the
acquisition workforce''; and
(iii) by striking ``of the Acquisition Corps'' in the
second sentence and inserting ``of the acquisition workforce
in critical acquisition positions''.
(11) Section 1737 of such title is amended--
(A) in subsection (a)(1), by striking ``of the Acquisition
Corps'' and inserting ``of the acquisition workforce''; and
(B) in subsection (b), by striking ``of the Corps'' and
inserting ``of the acquisition workforce''.
(12) Section 1742(a)(1) of such title is amended by
striking ``the Acquisition Corps'' and inserting
``acquisition positions in the Department of Defense''.
(13) Section 2228(a)(4) of such title is amended by
striking ``under section 1733(b)(1)(C) of this title'' and
inserting ``under section 1731 of this title''.
(14) Section 7016(b)(5)(B) of such title is amended by
striking ``under section 1733 of this title'' and inserting
``under section 1731 of this title''.
(15) Section 8016(b)(4)(B) of such title is amended by
striking ``under section 1733 of this title'' and inserting
``under section 1731 of this title''.
(16) Section 9016(b)(4)(B) of such title is amended by
striking ``under section 1733 of this title'' and inserting
``under section 1731 of this title''.
(17) Paragraph (1) of section 317 of title 37, United
States Code, is amended to read as follows:
``(1) is a member of the acquisition workforce selected to
serve in, or serving in, a critical acquisition position
designated under section 1731 of title 10.''.
(j) Designation of Foreign Military Sales as Acquisition
Position.--Section 1721(b) of title 10, United States Code,
is amended by adding at the end the following new paragraph:
``(13) Foreign military sales.''.
SEC. 842. PUBLIC-PRIVATE EXCHANGE PROGRAM FOR THE ACQUISITION
WORKFORCE.
(a) Public-private Exchange Program for the Acquisition
Workforce.--
(1) In general.--Subchapter IV of chapter 87 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1749. Public-private exchange program for the
acquisition workforce
``(a) Assignment Authority.--(1) The Secretary may, by
rule, establish a program to be known as the `Public-Private
Exchange Program for the Acquisition Workforce' to
temporarily assign a member of the acquisition workforce to a
private-sector organization or an employee of a private-
sector organization to the Department of Defense if--
``(A) pursuant to an agreement between the Secretary, the
private-sector organization, and the individual to be
temporarily assigned described in subsection (b); and
``(B) with the consent of the individual to be temporarily
assigned.
``(2) Members of the acquisition workforce are eligible for
a temporary assignment under this section as follows:
``(A) Civilians in any of grades GS-12 through GS-15 under
the General Schedule or, for employees participating in the
demonstration project under section 1762 of this title, the
equivalent.
``(B) Members of the armed forces serving in any of pay
grades O-3 through O-6.
``(3) A private-sector organization shall not be considered
to have a conflict of interest with the Department of Defense
solely because of participation in the program established
under this section.
``(b) Agreements.--(1) An agreement entered into under this
section shall include the following:
``(A) The terms and conditions of a temporary assignment.
``(B) In the case of an agreement for the temporary
assignment of a member of the acquisition workforce, a
requirement that the member of the acquisition workforce,
upon completion of the temporary assignment, will--
``(i) if a member of the armed forces, serve in the armed
forces for a period equal to twice the
[[Page H5401]]
length of the temporary assignment (in addition to any other
period of obligated service); or
``(ii) if a civilian, serve in the Department of Defense,
or elsewhere in the civil service if approved by the
Secretary, for a period equal to twice the length of the
temporary assignment.
``(C) A provision that if the individual to be temporarily
assigned fails to carry out the agreement, such individual
shall be liable to the United States for payment of all
expenses of the assignment, unless that failure was for good
and sufficient reason, as determined by the Secretary of
Defense.
``(D) In the case of an agreement for the temporary
assignment of a member of the acquisition workforce, language
ensuring that such member of the acquisition workforce does
not improperly use pre-decisional or draft deliberative
information that such member may be privy to or aware of
related to Department programing, budgeting, resourcing,
acquisition, or procurement for the benefit or advantage of
the private-sector organization.
``(2) An amount for which an individual is liable under
paragraph (1)(C) shall be treated as a debt due the United
States.
``(3) The Secretary may waive, in whole or in part,
collection of a debt described in paragraph (2) based on a
determination that the collection would be against equity and
good conscience and not in the best interests of the United
States, after taking into account any indication of fraud,
misrepresentation, fault, or lack of good faith on the part
of the individual who is liable for the debt.
``(c) Termination.--An assignment under this section may,
at any time and for any reason, be terminated by the
Department of Defense or the private-sector organization
concerned.
``(d) Duration.--(1) Except as provided in paragraph (2),
an assignment under this section shall be for a period of not
more than two years, renewable up to a total of four years.
``(2) An assignment under this section may be for a period
in excess of two years, but not more than four years, if the
Secretary determines that such assignment is necessary to
meet critical mission or program requirements.
``(3) A member of the acquisition workforce may not be
assigned under this section for more than a total of four
years inclusive of all such assignments.
``(e) Status of Individuals Assigned to Private-sector
Organizations.--(1) A member of the acquisition workforce who
is assigned to a private-sector organization under this
section shall be considered, during the period of assignment,
to be on detail to a regular duty or work assignment, as
applicable, in the Department for all purposes.
``(2) In the case of a civilian member of the acquisition
workforce, the written agreement established under subsection
(b)(1)--
``(A) shall address the specific terms and conditions
related to the civilian member's continued status as a
Federal employee; and
``(B) in the case of an assignment of nine months or
longer, shall provide that, if the civilian member
successfully completes the assignment (as determined by the
Secretary), the civilian member shall be eligible for
consideration for placement in a new position under programs
of the Department of Defense providing priority placement to
certain employees.
``(3) With respect to an assignment of a member of the
acquisition workforce under this section, the Secretary--
``(A) may, in the case of a civilian member of the
acquisition workforce, provide for the performance, during
the member's absence, of the normal duties and functions of
that member by making a temporary or term appointment under
general civil service authorities for such appointments;
``(B) shall ensure that the normal duties and functions of
the civilian member of the acquisition workforce described in
subparagraph (A) can be reasonably performed by other
personnel of the Department of Defense without the permanent
transfer or permanent reassignment of other personnel of the
Department of Defense, including members of the armed forces;
``(C) shall ensure that the normal duties and functions of
the acquisition workforce member are not, as a result of and
during the course of such temporary assignment, performed or
augmented by contractor personnel in violation of the
provisions of section 2461 of this title; and
``(D) shall certify that the temporary assignment of the
acquisition workforce member will not have an adverse or
negative impact on mission attainment, warfighter support, or
organizational capabilities associated with the assignment.
``(f) Terms and Conditions for Private-sector Employees.--
An employee of a private-sector organization who is assigned
to a Department of Defense organization under this section--
``(1) shall continue to receive pay and benefits from the
private-sector organization from which such employee is
assigned and shall not receive pay or benefits from the
Department of Defense, except as provided in paragraph (2);
``(2) is deemed to be an employee of the Department of
Defense for the purposes of--
``(A) chapters 73 and 81 of title 5;
``(B) sections 201, 203, 205, 207, 208, 209, 603, 606, 607,
643, 654, 1905, and 1913 of title 18;
``(C) sections 1343, 1344, and 1349(b) of title 31;
``(D) the Federal Tort Claims Act and any other Federal
tort liability statute;
``(E) the Ethics in Government Act of 1978; and
``(F) chapter 21 of title 41;
``(3) shall not have access to any trade secrets or to any
other nonpublic information which is of commercial value to
the private-sector organization from which such employee is
assigned;
``(4) may perform work that is considered inherently
governmental in nature only when requested in writing by the
Secretary of Defense; and
``(5) may not be used to circumvent the provision of
section 2461 of this title nor to circumvent any limitation
or restriction on the size of the Department's workforce.
``(g) Prohibition Against Charging Certain Costs to the
Federal Government.--A private-sector organization may not
charge the Department or any other agency of the Federal
Government, as direct or indirect costs under a Federal
contract, the costs of pay or benefits paid by the
organization to an employee assigned to a Department
organization under this section for the period of the
assignment.
``(h) Consideration of Training Needs for Members of the
Acquisition Workforce.--In carrying out this section, the
Secretary of Defense shall take into consideration how
assignments under this section might best be used to help
meet the needs of the Department of Defense with respect to
the training of members of the acquisition workforce.
``(i) Funding; Use of Defense Acquisition Workforce
Development Fund.--Funds for the expenses for the program
established under this section shall be provided from amounts
in the Department of Defense Acquisition Workforce
Development Fund. Expenses for the program include--
``(1) notwithstanding section 1705(e)(5) of this title, the
base salary of a civilian member of the acquisition workforce
assigned to a private-sector organization under this section,
during the period of that assignment;
``(2) expenses relating to assignment under this section of
a member of the acquisition workforce away from the member's
regular duty station, including expenses for travel, per
diem, and lodging; and
``(3) expenses for the administration of the program.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``1749. Public-private exchange program for the acquisition
workforce.''.
(b) Use of Defense Acquisition Workforce Development
Fund.--Section 1705(e)(1) of such title is amended by adding
at the end the following new subparagraph:
``(C) Amounts in the Fund shall be used to pay the expenses
of the Public-Private Exchange Program for the Acquisition
Workforce under section 1749 of this title.''.
(c) Acquisition Workforce Employees Excluded From Public-
private Talent Exchange.--
(1) In general.--Section 1599g of such title is amended by
adding at the end the following new subsection:
``(i) Acquisition workforce employees.--An employee of the
Department of Defense who is eligible for the Public-Private
Exchange Program for the Acquisition Workforce under section
1749 of this title is not eligible for an assignment under
this section.''.
(2) Applicability.--Subsection (i) of section 1599g of
title 10, United States Code, as added by paragraph (1),
shall not apply to an employee of the Department of Defense
who entered into an agreement under that section before the
date of the enactment of this Act.
SEC. 843. INCENTIVES AND CONSIDERATION FOR QUALIFIED TRAINING
PROGRAMS.
(a) In General.--
(1) Chapter 141 of title 10, United States Code, is amended
by inserting after section 2409 the following new section:
``Sec. 2409a. Incentives and consideration for qualified
training programs
``(a) Incentives.--The Secretary of Defense shall develop
workforce development investment incentives for a contractor
that implements a qualified training program to develop the
workforce of the contractor in a manner consistent with the
needs of the Department of Defense.
``(b) Consideration of Qualified Training Programs.--The
Secretary of Defense shall revise the Department of Defense
Supplement to the Federal Acquisition Regulation to require
that the system used by the Federal Government to monitor or
record contractor past performance includes an analysis of
the availability, quality, and effectiveness of a qualified
training program of an offeror as part of the past
performance rating of such offeror.
``(c) Qualified Training Program Defined.--The term
`qualified training program' means any of the following:
``(1) A program eligible to receive funds under the
Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.).
``(2) A program eligible to receive funds under the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2301 et seq.).
``(3) A program registered under the Act of August 16, 1937
(commonly known as the `National Apprenticeship Act'; Stat.
664, chapter 663; 29 U.S.C. 50 et seq.).
``(4) Any other program determined to be a qualified
training program for purposes of this section, and that meets
the workforce needs of the Department of Defense, as
determined by the Secretary of Defense.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2409 the following new item:
``2409a. Incentives and consideration for qualified training
programs.''.
SEC. 844. CERTIFICATION BY PROSPECTIVE MILITARY CONSTRUCTION
CONTRACTORS OF GOOD FAITH EFFORT TO UTILIZE
QUALIFIED APPRENTICES.
(a) Requirements.--Subchapter III of chapter 169 of title
10, United States Code, is amended by adding at the end the
following new section:
``Sec. 2870. Utilization of qualified apprentices by military
construction contractors
``(a) Certification Required.--(1) The Secretary of Defense
shall require each prospective
[[Page H5402]]
contractor on a military construction project to certify to
the Secretary that, if awarded a contract for the project,
the prospective contractor will make a good faith effort to
meet or exceed the apprenticeship employment goal on such
project.
``(2) If a prospective contractor fails to certify as
required by paragraph (1), the Secretary may not determine
such prospective contractor to be a responsible contractor.
``(b) Apprenticeship Employment Goal.--
``(1) In general.--In this section, the term
`apprenticeship employment goal' means the utilization of
qualified apprentices as not less than 20 percent of the
total workforce employed in an apprenticeable occupation (as
determined by the Secretary of Labor).
``(2) Qualified apprentice.--In paragraph (1), the term
`qualified apprentice' means an employee participating in an
apprenticeship program that is registered with--
``(A) the Office of Apprenticeship of the Employment
Training Administration of the Department of Labor pursuant
to the Act of August 16, 1937 (popularly known as the
`National Apprenticeship Act'; 29 U.S.C. 50 et seq.); or
``(B) a State apprenticeship agency recognized by such
Office of Apprenticeship pursuant to such Act.
``(c) Consideration of Apprenticeship Employment Goal.--The
Secretary of Defense shall revise the Defense Supplement to
the Federal Acquisition Regulation to require that the system
used by the Federal Government to monitor or record
contractor past performance includes an analysis of whether
the contractor has made a good faith effort to meet or exceed
the apprenticeship employment goal, including consideration
of actual utilization by the contractor of qualified
apprentices, as part of the past performance rating of such
contractor.
``(d) Incentives.--The Secretary of Defense shall develop
incentives for prospective contractors on military
construction projects to meet or exceed the apprenticeship
employment goal.''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter III of chapter 169 of title 10,
United States Code, is amended by adding at the end the
following new item:
``2870. Utilization of qualified apprentices by military construction
contractors.''.
(c) Applicability.--The amendments made by this section
shall apply with respect to contracts awarded on or after the
date that is 180 days after the date of the enactment of this
Act.
Subtitle D--Provisions Relating to Acquisition Security
SEC. 851. SUPPLY CHAIN SECURITY OF CERTAIN TELECOMMUNICATIONS
AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT.
(a) Assessment.--The Secretary of Defense, in consultation
with the Federal Acquisition Security Council (established
under section 1322 of title 41, United States Code) and the
Director of the Office of Management and Budget, shall
conduct a comprehensive assessment of--
(1) Department of Defense policies relating to covered
equipment and services;
(2) covered equipment and services acquired or to be
acquired for the Department; and
(3) systems of covered contractors to ensure the security
of the supply chains of such covered contractor.
(b) Purpose.--The assessment described in subsection (a)
shall include--
(1) an identification of instances in which the Federal
Acquisition Security Council has identified supply chain
risks (as defined in section 4713(k) of title 41, United
States Code) that are specific to the defense industrial base
and other threat assessments related to the procurement of
covered articles (as defined in such section);
(2) an identification of and suggestions for guidance on
the process of debarment and suspension (including debarment
and suspension for nonprocurement programs and activities) of
covered contractors to address supply chain risks relating to
acquisitions for the Department of Defense, including
acquisitions involving other executive agencies; and
(3) an identification of steps that could be taken to
address situations identified under paragraphs (1) and (2)
through the Interagency Suspension and Debarment Committee
established under Executive Order 12549 (51 Fed. Reg. 6370).
(c) Actions Following Assessment.--Not later than 180 days
after the date of the enactment of this Act, the Secretary
shall, based on the results of the assessment required by
subsection (a)--
(1) issue or revise guidance to ensure any entity within
the Department of Defense that procures covered equipment and
services implements a risk-based approach with respect to
such a procurement that addresses--
(A) requirements for training personnel;
(B) the process for making sourcing decisions;
(C) with respect to a procurement of telecommunications
equipment or video surveillance equipment, assurances
relating to the traceability of parts of such equipment;
(D) the process for reporting suspect covered equipment and
services; and
(E) corrective actions for the acquisition of suspect
covered equipment and services (including actions to recover
costs as described in subsection (d)(2));
(2) issue or revise guidance to ensure that remedial
actions, including debarment or suspension, are taken with
respect to a covered contractor who has failed to detect and
avoid suspect covered equipment and services or otherwise
failed to exercise due diligence in the detection and
avoidance of such suspect covered equipment and services;
(3) establish a process for ensuring that a Department of
Defense employee provide a written report to the appropriate
Government authorities and the Government-Industry Data
Exchange Program (or a similar program designated by the
Secretary) not later than 60 days after such an employee
becomes aware, or has reason to suspect that--
(A) any end item, component, part, or material contained in
supplies purchased by or for the Department contains suspect
covered equipment and services; or
(B) a covered contractor has provided suspect covered
equipment and services; and
(4) establish a process for analyzing, assessing, and
acting on reports of suspect covered equipment and services
that are submitted in accordance with paragraph (3).
(d) Regulations.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Secretary shall revise the
Department of Defense Supplement to the Federal Acquisition
Regulation to address the detection and avoidance of suspect
covered equipment and services.
(2) Contractor responsibilities.--The revised regulations
issued pursuant to paragraph (1) shall provide that--
(A) covered contractors who supply covered equipment or
services are responsible for detecting and avoiding the use
or inclusion of suspect covered equipment or services and for
any contract modification or corrective action that may be
required to remedy the use or inclusion of such suspect
covered equipment or services; and
(B) the cost of suspect covered equipment or services and
the cost of contract modification or corrective action that
may be required to remedy the use or inclusion of such
suspect covered equipment or services are not allowable costs
under defense contracts, unless--
(i) the covered contractor has an operational system to
detect and avoid suspect covered equipment or services that
has been reviewed and approved by the Secretary pursuant to
subsection (e)(2)(B);
(ii) suspect covered equipment or services were provided to
the covered contractor as Government property in accordance
with part 45 of the Federal Acquisition Regulation or were
obtained by the covered contractor in accordance with
regulations described in paragraph (3); and
(iii) the covered contractor discovers the suspect covered
equipment or services and provides timely notice to the
Government pursuant to paragraph (4).
(3) Requirements for suppliers.--The revised regulations
issued pursuant to paragraph (1) shall--
(A) require that covered contractors obtain covered
equipment or services--
(i) from the original manufacturers of the equipment or
their authorized dealers, or from suppliers that meet
requirements of subparagraph (C) or (D) and, with respect to
suppliers of telecommunications equipment or video
surveillance equipment, that obtain such equipment
exclusively from the original manufacturers of the parts of
such equipment or their authorized dealers; and
(ii) that are not in production or currently available in
stock from suppliers that meet requirements of subparagraph
(C) or (D);
(B) establish requirements for notification of the
Department, and for inspection, testing, and authentication
of covered equipment and services that covered contractor
obtains from an alternate supplier;
(C) establish qualification requirements, consistent with
the requirements of section 2319 of title 10, United States
Code, pursuant to which the Secretary may identify suppliers
that have appropriate policies and procedures in place to
detect and avoid suspect covered equipment and services; and
(D) authorize covered contractors to identify and use
suppliers that meet qualification requirements, provided
that--
(i) the standards and processes for identifying such
suppliers comply with established industry standards; and
(ii) the selection of such suppliers is subject to review,
audit, and approval by appropriate Department of Defense
officials.
(4) Reporting requirement.--The revised regulations issued
pursuant to paragraph (1) shall require that any covered
contractor provide a written report to the appropriate
Government authorities and the Government-Industry Data
Exchange Program (or a similar program designated by the
Secretary) not later than 60 days after such covered
contractor becomes aware, or has reason to suspect that--
(A) any end item, component, part, or material contained in
supplies purchased by or for the Department contains suspect
covered equipment and services; or
(B) a supplier of a covered contractor has provided suspect
covered equipment and services.
(e) Improvement of Contractor Systems for Detection and
Avoidance of Suspect Covered Equipment and Services.--
(1) In general.--Not later than 270 days after the date of
the enactment of this Act, the Secretary shall implement a
program to enhance the detection and avoidance of the
acquisition of suspect covered equipment and services by
covered contractors.
(2) Elements.--The program implemented pursuant to
paragraph (1) shall--
(A) require covered contractors to establish policies and
procedures to eliminate suspect covered equipment and
services from the defense supply chain, which policies and
procedures shall address--
(i) the training of personnel; and
(ii) with respect to a procurement of telecommunications
equipment or video surveillance equipment, the inspection and
testing of related materials and mechanisms to enable
traceability of parts of such equipment; and
(B) establish processes for the review and approval of
contractor systems for the detection and avoidance of the
acquisition of suspect covered equipment and services by
covered contractors, which processes shall be comparable to
the
[[Page H5403]]
processes established for contractor business systems under
section 893 of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4311;
10 U.S.C. 2302 note).
(f) Rule of Construction.--Nothing in this section shall be
construed to prohibit the Secretary from entering into a
contract with a covered contractor to provide a service that
connects to the facilities of a third party, such as
backhaul, roaming, or interconnection arrangements.
(g) Report to Congress.--Not later than 180 days after
completing the assessment required under subsection (a), the
Secretary shall submit to the congressional defense
committees a report on the results of the assessment and the
actions taken following the assessment pursuant to subsection
(c).
(h) Definitions.--In this section:
(1) Covered equipment and services.--The term ``covered
equipment and services'' means telecommunications equipment,
telecommunications services, video surveillance equipment,
and video surveillance services manufactured or controlled by
an entity for which the principal place of business of such
entity is located in foreign country that is an adversary of
the United States, but does not include telecommunications
equipment or video surveillance equipment (other than optical
transmission components) that cannot route or redirect user
data traffic or permit visibility into any user data or
packets that such equipment transmits or otherwise handles.
(2) Covered contractor.--The term ``covered contractor''
means a contractor or subcontractor (at any tier) that
supplies covered equipment and services to the Department of
Defense.
(3) Executive agency.--The term ``executive agency'' has
the meaning given in section 133 of title 41, United States
Code.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Defense.
(5) Suspect covered equipment and services.--The term
``suspect covered equipment and services'' means covered
equipment and services that is from any source, or that is a
covered article, subject to an exclusion order or removal
order under section 1323(c) of title 41, United States Code.
SEC. 852. ASSURED SECURITY AGAINST INTRUSION ON UNITED STATES
MILITARY NETWORKS.
(a) Prohibition.--Except as provided in subsections (b) and
(c), the Secretary of Defense shall only award contracts for
the procurement of telecommunications services or the
installation of telecommunications infrastructure on national
security installations on territories of the United States
located in the Pacific Ocean to allowed contractors.
(b) Exception.--Subsection (a) shall not apply to contracts
the procurement of telecommunications services or the
installation of telecommunications infrastructure if such
telecommunications services or telecommunications
infrastructure does not process or carry any information
about the operations of the Armed Forces of the United States
or otherwise concern the national security of the United
States.
(c) Waiver.--The Secretary of Defense may waive the
restriction of subsection (a) upon a written determination
that such a waiver is in the national security interests of
the United States and either--
(1) a contractor that is not an allowed contractor would
not have the ability to track, record, listen, or otherwise
access data or voice communications of the Department of
Defense through the provision of the telecommunications
service; or
(2) a qualified allowed contractor is not available to
perform the contract at a fair and reasonable price.
(d) Definitions.--In this section:
(1) Allowed contractor.--The term ``allowed contractor''
means--
(A) an entity that is 100 percent owned by persons located
in the United States that has submitted an offer for a
contract let by the Department of Defense; or
(B) an entity that--
(i) is 100 percent owned by persons located in the United
States or in a covered foreign country that has submitted an
offer for a contract let by the Department of Defense; and
(ii) does not have significant connections, including major
equipment purchases, ownership interests, or joint ventures,
with any entity identified in subsection (f)(3) of section
889 of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Pub. L. 115-232; 132 Stat. 1918; 41
U.S.C. 3901 note)
(2) Covered foreign country.--The term ``covered foreign
country'' means a foreign country the government of which
permits allowed contractors to compete on a fair basis for
contracts for the procurement of telecommunications services
or the installation of telecommunications infrastructure let
by the government of such foreign country.
(3) National security installation.--The term ``national
security installation'' means any facility operated by the
Department of Defense.
(4) Telecommunications service.--The term
``telecommunications service'' has the meaning given in
section 3 of the Communications Act of 1934 (47 U.S.C. 153).
(5) Telecommunications infrastructure.--The term
``telecommunications infrastructure'' means any wire or
switching facilities used to provide telecommunications
services.
SEC. 853. REVISED AUTHORITIES TO DEFEAT ADVERSARY EFFORTS TO
COMPROMISE UNITED STATES DEFENSE CAPABILITIES.
(a) Sense of Congress.--Congress finds that to
comprehensively address the supply chain vulnerabilities of
the Department of Defense, defense contractors must be
incentivized to prioritize security in a manner which exceeds
basic compliance with mitigation practices relating to
cybersecurity risk and supply chain security standards.
Defense contractors can no longer pass unknown risks on to
the Department of Defense but should be provided with the
tools to meet the needs of the Department with respect to
cybersecurity risk and supply chain security. Incentives for
defense contractors will help stimulate efforts within the
defense industrial base to minimize vulnerabilities in
hardware, software, and supply chain services. The Department
of Defense must develop policies and regulations that move
security from a cost that defense contractors seek to
minimize to a key consideration in the award of contracts,
equal in importance to cost, schedule, and performance.
(b) Inclusion of Security as Primary Purpose for the
Department of Defense Acquisition.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall the
revise the statement of purpose in the Defense Federal
Acquisition Regulation Supplement added by section 801(3) of
the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 1449; U.S.C. 2302 note) to
include the security of goods acquired by the Department of
Defense as one of the primary objectives of Department of
Defense acquisition. The Secretary shall revise applicable
Department of Defense Instructions, regulations, and
directives to implement the inclusion of security as a
primary purpose of Department of Defense acquisition.
(2) Congressional notification.--The Secretary shall submit
to the congressional defense committees--
(A) not later than 60 days before issuing the revisions
described in paragraph (1), the proposed revisions; and
(B) not later than 180 days after the date of the enactment
of this Act, recommendations for legislative action to
implement the revisions described in this subsection.
(c) Certification of Risk.--
(1) In general.--Before making a milestone decision with
respect to a major defense acquisition program (as defined
under section 2430 of title 10, United States Code), a major
automated information system, or major system (as defined
under section 2302d of title 10, United States Code), the
vice chief of the Armed Force concerned shall issue a written
assessment to the Vice Chief of the Joint Chiefs of Staff and
the head of the Defense Acquisition Board stating the
determination made by the vice chief of the armed force
concerned of the risk to the supply chain associated with the
procurement. Such assessment shall include--
(A) a description of actions taken to mitigate potential
vulnerabilities associated with the procurement; and
(B) a certification from the Secretary of the military
department concerned or the Vice Chief of the Joint Chief of
Staff (as appropriate) that the procurement will not
interfere with the operations of the military department
conducting the procurement.
(2) Availability to the congressional defense committees.--
Upon request, the vice chief of the Armed Force concerned
shall make available to the congressional defense committees
a certification required under paragraph (1), along with the
data on which such certification is based, not later than 15
days after the submission of a request.
(d) Disputes Relating to Acquisitions Decisions.--The Under
Secretary of Defense for Intelligence, the Vice Chairman of
the Joint Chiefs of Staff, the Vice Chief of Staff of the
Army, the Vice Chief of Naval Operations, the Vice Chief of
Staff of the Air Force, and the Assistant Commandant of the
Marine Corps shall each have the authority to submit to the
Secretary of Defense a written statement of dispute relating
to a decision made by the Defense Acquisition Board with
respect to an acquisition. A dispute submitted under this
subsection shall include any reason why the decision fails to
effectively address concerns regarding the item to be
acquired.
SEC. 854. PROHIBITION ON OPERATION OR PROCUREMENT OF FOREIGN-
MADE UNMANNED AIRCRAFT SYSTEMS.
(a) Prohibition on Agency Operation or Procurement.--The
Secretary of Defense may not operate or enter into or renew a
contract for the procurement of--
(1) a covered unmanned aircraft system that--
(A) is manufactured in a covered foreign country or by an
entity domiciled in a covered foreign country;
(B) uses flight controllers, radios, data transmission
devices, cameras, or gimbals manufactured in a covered
foreign country or by an entity domiciled in a covered
foreign country;
(C) uses a ground control system or operating software
developed in a covered foreign country or by an entity
domiciled in a covered foreign country; or
(D) uses network connectivity or data storage located in or
administered by an entity domiciled in a covered foreign
country; or
(2) a system manufactured in a covered foreign country or
by an entity domiciled in a covered foreign country for the
detection or identification of covered unmanned aircraft
systems.
(b) Exemption.--The Secretary of Defense is exempt from the
restriction under subsection (a) if the operation or
procurement is for the purposes of--
(1) Counter-UAS surrogate testing and training; or
(2) intelligence, electronic warfare, and information
warfare operations, testing, analysis, and training.
(c) Waiver.--The Secretary of Defense may waive the
restriction under subsection (a) on a case by case basis by
certifying in writing to the congressional defense committees
that the operation or procurement is required in the national
interest of the United States.
[[Page H5404]]
(d) Definitions.--In this section:
(1) Covered foreign country.--The term ``covered foreign
country'' means a country labeled as a strategic competitor
in the ``Summary of the 2018 National Defense Strategy of the
United States of America: Sharpening the American Military's
Competitive Edge'' issued by the Department of Defense
pursuant to section 113 of title 10, United States Code.
(2) Covered unmanned aircraft system.--The term ``covered
unmanned aircraft system'' means an unmanned aircraft system
and any related services and equipment.
SEC. 855. SUPPLY CHAIN RISK MITIGATION POLICIES TO BE
IMPLEMENTED THROUGH REQUIREMENTS GENERATION
PROCESS.
(a) Process for Enhanced Supply Chain Scrutiny.--Section
807(b) of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1456; 10 U.S.C. 2302
note) is amended--
(1) by redesignating paragraphs (5) through (9) as
paragraphs (6) through (10), respectively; and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) Development of tools for implementing supply chain
risk management policies during the generation of
requirements for a contract.''.
(b) Technical Amendment.--Subsection (a) of such section is
amended by striking ``Not later than'' and all that follows
through ``the Secretary'' and inserting ``The Secretary''.
(c) Effective Date.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
revise the process established under section 807 of the
National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 10 U.S.C. 2302 note) to carry out the
requirements of this section.
Subtitle E--Provisions Relating to the Acquisition System
SEC. 861. MODIFICATIONS TO THE DEFENSE ACQUISITION SYSTEM.
(a) Guidance, Reports, and Limitation on the Availability
of Funds Relating to Covered Defense Business Systems.--
(1) Amendments to guidance for covered defense business
systems.--Section 2222(d) of title 10, United States Code, is
amended--
(A) in the matter preceding paragraph (1), by striking
``subsection (c)(1)'' and inserting ``subsection (c)''; and
(B) by adding at the end the following new paragraphs:
``(7) Policy to ensure a covered defense business system is
in compliance with the Department's auditability
requirements.
``(8) Policy to ensure approvals required for the
development of a covered defense business system.''.
(2) Reports.--
(A) Guidance.--The Secretary of Defense shall submit to the
congressional defense committees (as defined in section
101(a)(16) of title 10, United States Code) a report--
(i) not later than December 31, 2019, that includes the
guidance required under paragraph (1) of section 2222(c) of
title 10, United States Code; and
(ii) not later than March 31, 2020, that includes the
guidance required under paragraph (2) of such section.
(B) Information technology enterprise architecture.--Not
later than December 31, 2019, the Chief Information Officer
of the Department of Defense shall submit to the
congressional defense committees the information technology
enterprise architecture developed under section 2222(e)(4)(B)
of title 10, United States Code, which shall include the plan
for improving the information technology and computing
infrastructure described in such section and a schedule for
implementing the plan.
(C) Defense business enterprise architecture.--Not later
than March 31, 2020, the Chief Management Officer of the
Department of Defense and the Chief Information Officer of
the Department of Defense shall jointly submit to the
congressional defense committees a plan and schedule for
integrating the defense business enterprise architecture
developed under subsection (e) of section 2222 of title 10,
United States Code, into the information technology
enterprise architecture, as required under paragraph (4)(A)
of such subsection.
(3) Limitation.--
(A) Of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2020 for the
Department of Defense, not more than 75 percent may be
obligated or expended for the Office of the Secretary of
Defense after December 31, 2019, until the date on which the
Secretary of Defense submits the report required under
subsection (b)(1)(A).
(B) Of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2020 for the
Department of Defense, not more than 75 percent may be
obligated or expended for the Office of the Deputy Chief
Management Officer, the Office of the Under Secretary of
Defense for Acquisition and Sustainment, the Office of the
Chief Information Officer, and the Office of the Chief
Management Officer after March 31, 2020, until the date on
which the Secretary of Defense submits the report required
under subsection (b)(1)(B).
(C) Of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2020 for the
Department of Defense, not more than 75 percent may be
obligated or expended for the Office of the Chief Information
Officer after December 31, 2019, until the date on which the
Secretary of Defense submits the report required under
subsection (b)(2).
(D) Of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2020 for the
Department of Defense, not more than 75 percent may be
obligated or expended for the Office of the Chief Management
Officer and the Office of the Chief Information Officer after
March 31, 2020, until the date on which the Secretary of
Defense submits the report required under subsection (b)(3).
(b) Pilot Program on Data Rights as an Evaluation Factor.--
(1) Pilot program.--Not later than February 1, 2020, the
Secretary of Defense and the Secretaries of the military
departments shall jointly carry out a pilot program to assess
mechanisms to evaluate intellectual property to include
technical data deliverables, associated license rights, and
commercially available intellectual property valuation
analysis and techniques in major defense acquisition programs
(as defined in section 2430 of title 10, United States Code)
selected pursuant to subsection (b) to ensure--
(A) the development of cost-effective intellectual property
strategies; and
(B) assessment and management of the value and costs of
intellectual property during acquisition and sustainment
activities throughout the life cycle of a weapon system for
each selected major defense acquisition program.
(2) Selection of major defense acquisition programs.--Each
Secretary of a military department shall select one major
defense acquisition program for which such Secretary has
responsibility to include in the pilot program established
under subsection (a).
(3) Cadre of intellectual property experts.--At Milestone A
and Milestone B for each major defense acquisition program
selected pursuant to subsection (b), the cadre of
intellectual property experts established under section
2322(b) of title 10, United States Code, shall identify, to
the maximum extent practicable, intellectual property
evaluation techniques to obtain quantitative and qualitative
analysis related to the value of intellectual property rights
during the procurement, production, deployment, operations,
and support phases of the acquisition of each such major
defense acquisition program.
(4) Activities.--The pilot program established under this
section shall include the following:
(A) Assessment of commercial valuation techniques for
intellectual property rights for use by the Department of
Defense.
(B) Assessment of feasibility of oversight by the Secretary
of Defense to standardize practices and procedures.
(C) Assessment of contracting mechanisms to increase the
speed of delivery of intellectual property to the Armed
Forces or to reduce sustainment costs.
(D) Assessment of acquisition planning necessary to ensure
procurement of intellectual property deliverables and
intellectual property rights necessary for Government-planned
sustainment activities.
(E) Engagement with private-sector entities to--
(i) support the development of strategies and program
requirements to aid in acquisition and transition planning
for intellectual property;
(ii) support the development and improvement of
intellectual property strategies as part of life-cycle
sustainment plans and valuation techniques for the costs of
intellectual property rights as part of life-cycle costs; and
(iii) propose and implement alternative and innovative
methods of intellectual property valuation, prioritization,
and evaluation techniques for intellectual property.
(F) Recommendations to the program manager for a major
defense acquisition program selected pursuant to subsection
(b) such evaluation techniques and contracting mechanisms for
implementation into the acquisition and sustainment
activities of that major defense acquisition program.
(5) Assessment.--Not later than February 1, 2021, and
annually thereafter until the termination date of the pilot
program, the Secretary of Defense shall submit to the
congressional defense committees a report on the pilot
program established under subsection (a). The report shall
include--
(A) a description of the major defense acquisition programs
selected pursuant to subsection (b);
(B) a description of the specific activities in subsection
(d) that were performed with respect to each major defense
acquisition program selected pursuant to subsection (b);
(C) an assessment of the effectiveness of such activities;
(D) an assessment of improvements to acquisition or
sustainment activities related to the pilot program; and
(E) an assessment of cost savings from the activities
related to the pilot program, including any improvement to
mission success during the operations and support phase of a
major defense acquisition program selected pursuant to
subsection (b).
(6) Termination.--The authority to carry out the pilot
program under this section shall expire on September 30,
2026.
(c) Report and Limitation on Availability of Funds Relating
to Modular Open System Approach for Major Defense Acquisition
Programs.--
(1) Study guidance for analyses of alternatives for major
defense acquisition programs.--
(A) Report.--Not later than December 31, 2019, the
Secretary of Defense, acting through the Director of Cost
Assessment and Performance Evaluation, shall submit to the
congressional defense committees a report that includes the
study guidance required under section 2446b(b) of title 10,
United States Code.
(B) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020
for the Department of Defense, not more than 75 percent may
be obligated or expended for the Office of the Director of
Cost Assessment and Performance Evaluation after December 31,
2019, until the date on which the Secretary of Defense
submits the report required under paragraph (1).
[[Page H5405]]
(2) Policy relating to availability of major system
interfaces and support for modular open system approach.--
(A) In general.--Section 2446c of title 10, United States
Code, is amended--
(i) in the matter preceding paragraph (1), by striking
``shall--'' and inserting ``develop policy on the support for
the acquisition for modular open system approaches. This
policy shall--''; and
(ii) in subsection (a)(1), as so designated, by striking
``coordinate'' and inserting ``ensure coordination''.
(B) Report.--Not later than December 31, 2019, the
Secretary of each military department shall submit to the
congressional defense committees a report that includes the
policy required under section 2446c of title 10, United
States Code, as amended by paragraph (1).
(C) Limitation.--Beginning on January 1, 2020, if any
report required under paragraph (2) has not been submitted to
the congressional defense committees, not more than 75
percent of the funds specified in paragraph (4) may be
obligated or expended until the date on which all of the
reports required under paragraph (2) have been submitted.
(D) Funds specified.--The funds specified in this paragraph
are funds made available for fiscal year 2020 for the
Department of Defense for any of the Offices of the
Secretaries of the military departments that remain
unobligated as of January 1, 2020.
(d) Report on Intellectual Property Policy and the Cadre of
Intellectual Property Experts.--
(1) In general.--Section 802 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91;
131 Stat. 1450) is amended by adding at the end the following
new subsection:
``(c) Report.--Not later than October 1, 2019, the
Secretary of Defense, acting through the Under Secretary of
Defense for Acquisition and Sustainment, shall submit to the
congressional defense committees a report that includes--
``(1) the policy required in subsection (a) of section 2322
of title 10, United States Code;
``(2) an identification of each member of the cadre of
intellectual property experts required in subsection (b) of
such section and the office to which such member; and
``(3) a description of the leadership structure and the
office that will manage the cadre of intellectual property
experts.''.
(2) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020
for the Department of Defense, not more than 75 percent may
be obligated or expended for the Defense Acquisition
Workforce Development Fund until the date on which the
Secretary of Defense submits the report required under
subsection (c) of section 802 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91;
131 Stat. 1450), as added by this section.
(e) Limitation on Availability of Funds for the Office of
the Chief Management Officer of the Department of Defense.--
Of the funds authorized to be appropriated or otherwise made
available for fiscal year 2020 for the Department of Defense,
not more than 75 percent may be obligated or expended for the
Office of the Chief Management Officer until the date on
which the Chief Management Officer submits to the
congressional defense committees--
(1) the certification of cost savings described in
subparagraph (A) of section 921(b)(5) of the National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
10 U.S.C. 2222 note); or
(2) the notice and justification described in subparagraph
(B) of such section.
(f) Report and Limitation on the Availability of Funds
Relating to the ``Middle Tier'' of Acquisition Programs.--
(1) Report.--Not later than December 15, 2019, the Under
Secretary of Defense for Acquisition and Sustainment shall
submit to the congressional defense committees a report that
includes the guidance required under section 804(a) of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 10 U.S.C. 2302 note). The Under Secretary
of Defense for Acquisition and Sustainment will ensure such
guidance includes the business case elements required by an
acquisition program established pursuant to such guidance and
the metrics required to assess the performance of such a
program.
(2) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020
for the Department of Defense, not more than 75 percent may
be obligated or expended for an acquisition program
established pursuant to the guidance required under section
804(a) of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note) after
December 15, 2019, and no such acquisition program may be
conducted under the authority provided by such section after
December 15, 2019, until the Under Secretary of Defense for
Acquisition and Sustainment submits the report required under
subsection (a).
(g) Defense Acquisition Workforce Certification and
Education Requirements.--
(1) Professional certification requirement.--
(A) Professional certification required for all acquisition
workforce personnel.--Section 1701a of title 10, United
States Code, is amended--
(i) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(ii) by inserting after subsection (b) the following new
subsection (c):
``(c) Professional Certification.--
``(1) The Secretary of Defense shall implement a
certification program to provide for a professional
certification requirement for all members of the acquisition
workforce. Except as provided in paragraph (2), the
certification requirement for any acquisition workforce
career field shall be based on standards under a third-party
accredited program based on nationally or internationally
recognized standards.
``(2) If the Secretary determines that, for a particular
acquisition workforce career field, a third-party accredited
program based on nationally or internationally recognized
standards does not exist, the Secretary shall establish the
certification requirement for that career field that conforms
with the practices of national or international accrediting
bodies. The certification requirement for any such career
field shall be implemented using the best approach determined
by the Secretary for meeting the certification requirement
for that career field, including implementation through
entities outside the Department of Defense and may be
designed and implemented without regard to section 1746 of
this title.''.
(B) Performance management.--Subsection (b) of such section
is amended--
(i) in paragraph (5), by striking ``encourage'' and
inserting ``direct''; and
(ii) in paragraph (6), by inserting ``and consequences''
after ``warnings''.
(C) Participation in professional associations.--Subsection
(b) of such section is further amended--
(i) by redesignating paragraphs (6), (7), (8), and (9) as
paragraphs (7), (8), (9), and (10), respectively; and
(ii) by inserting after paragraph (5) the following new
paragraph (6):
``(6) authorize members of the acquisition workforce to
participate in professional associations, consistent with
their individual performance plans, linked to both
professional development and opportunities to gain leadership
and management skills;''.
(D) General education, training, and experience
requirements.--Section 1723 of such title is amended--
(i) in subsection (a)(3), by striking the second sentence;
and
(ii) in subsection (b)(1), by striking ``encourage'' and
inserting ``require''.
(E) Effective date.--The Secretary of Defense shall
implement procedures to institute the program required by
subsection (c) of section 1701a of title 10, United States
Code, as added by paragraph (1), not later than 180 days
after the date of the enactment of this Act.
(2) Elimination of statutory requirement for completion of
24 semester credit hours.--
(A) Qualification requirements for contracting positions.--
Section 1724 of title 10, United States Code, is amended--
(i) in subsection (a)(3)--
(I) by striking ``(A)'' after ``(3)''; and
(II) by striking ``, and (B)'' and all that follows through
``and management''; and
(ii) in subsection (b), by striking ``requirements'' in the
first sentences of paragraphs (1) and (2) and inserting
``requirement'';
(iii) in subsection (e)(2)--
(I) by striking ``shall have--'' and all that follows
through ``been awarded'' and inserting ``shall have been
awarded'';
(II) by striking ``; or'' and inserting a period; and
(III) by striking subparagraph (B); and
(iv) in subsection (f), by striking ``, including--'' and
all that follows and inserting a period.
(B) Selection criteria and procedures.--Section 1732 of
such title is amended--
(i) in subsection (b)(1)--
(I) by striking ``Such requirements,'' and all the follows
through ``the person--'' and inserting ``Such requirements
shall include a requirement that the person--'';
(II) by striking subparagraph (B); and
(III) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively, and realigning those
subparagraphs so as to be 4 ems from the margin; and
(ii) in subsection (c), by striking ``requirements of
subsections (b)(1)(A) and (b)(1)(B)'' in paragraphs (1) and
(2) and inserting ``requirement of subsection (b)(1)''.
(3) Defense acquisition university.--Section 1746 of title
10, United States Code, is amended--
(A) in subsection (b)(1), by adding at the end the
following new sentence: ``At least 25 percent of such
civilian instructors shall be visiting professors from
civilian colleges or universities.''; and
(B) in subsection (c), by inserting ``, and with commercial
training providers,'' after ``military departments''.
(h) Enhancing Defense Acquisition Workforce Career
Fields.--
(1) Career paths.--
(A) Career path required for each acquisition workforce
career field.--Paragraph (4) of section 1701a(b) of title 10,
United States Code, is amended to read as follows:
``(4) develop and implement a career path, as described in
section 1722(a) of this title, for each career field
designated by the Secretary under section 1721(a) of this
title as an acquisition workforce career field;''.
(B) Conforming amendments.--Section 1722(a) of such title
is amended--
(i) by striking ``appropriate career paths'' and inserting
``an appropriate career path''; and
(ii) by striking ``are identified'' and inserting ``is
identified for each acquisition workforce career field''.
(C) Deadline for implementation of career paths.--The
implementation of a career path for each acquisition
workforce career field required by paragraph (4) of section
1701a(b) of title 10, United States Code (as amended by
paragraph (1)), shall be completed by the Secretary of
Defense not later than the end of the two-year period
beginning on the date of the enactment of this Act.
[[Page H5406]]
(2) Career fields.--
(A) Designation of acquisition workforce career fields.--
Section 1721(a) of such title is amended by adding at the end
the following new sentence: ``The Secretary shall also
designate in regulations those career fields in the
Department of Defense that are acquisition workforce career
fields for purposes of this chapter.''.
(B) Clerical amendments.--(i) The heading of such section
is amended to read as follows:
``Sec. 1721. Designation of acquisition positions and
acquisition workforce career fields''.
(ii) The item relating to such section in the table of
sections at the beginning of subchapter II of chapter 87 of
such title is amended to read as follows:
``1721. Designation of acquisition positions and acquisition workforce
career fields.''.
(C)(i) The heading of subchapter II of chapter 87 of such
title is amended to read as follows:
``subchapter ii--acquisition positions and acquisition workforce
career fields''.
(ii) The item relating to such subchapter in the table of
subchapters at the beginning of such chapter is amended to
read as follows:
``II. Acquisition Positions And Acquisition Workforce Career1721''.....
(D) Deadline for designation of career fields.--The
designation of acquisition workforce career fields required
by the second sentence of section 1721(a) of title 10, United
States Code (as added by paragraph (1)), shall be made by the
Secretary of Defense not later than the end of the six-month
period beginning on the date of the enactment of this Act.
(3) Key work experiences.--
(A) Development of key work experiences for each
acquisition workforce career field.--Section 1722b of such
title is amended by adding at the end the following new
subsection:
``(c) Key Work Experiences.--In carrying out subsection
(b)(2), the Secretary shall ensure that key work experiences,
in the form of multidiscipline training, are developed for
each acquisition workforce career field.''.
(B) Plan for implementation of key work experiences.--Not
later than one year after the date of the enactment of this
Act, the Secretary of Defense shall submit to the
congressional defense committees a plan identifying the
specific actions the Department of Defense has taken, and is
planning to take, to develop and establish key work
experiences for each acquisition workforce career field as
required by subsection (c) of section 1722b of title 10,
United States Code, as added by paragraph (1). The plan shall
include specification of the percentage of the acquisition
workforce, or funds available for administration of the
acquisition workforce on an annual basis, that the Secretary
will dedicate towards developing such key work experiences.
(4) Applicability of career path requirements to all
members of acquisition workforce.--Section 1723(b) of such
title is amended by striking ``the critical acquisition-
related''.
(5) Competency development.--
(A) In general.--(i) Subchapter V of chapter 87 of such
title is amended by adding at the end the following new
section:
``Sec. 1765. Competency development
``(a) In General.--For each acquisition workforce career
field, the Secretary of Defense shall establish, for the
civilian personnel in that career field, defined proficiency
standards and technical and nontechnical competencies which
shall be used in personnel qualification assessments.
``(b) Negotiations.--Any action taken by the Secretary
under this section, or to implement this section, shall not
be subject to the requirements of chapter 71 of title 5.''.
(ii) The table of sections at the beginning of such
subchapter II is amended by adding at the end the following
new item:
``1765. Competency development.''.
(B) Deadline for implementation.--The establishment of
defined proficiency standards and technical and nontechnical
competencies required by section 1765 of title 10, United
States Code (as added by paragraph (1)), shall be made by the
Secretary of Defense not later than the end of the two-year
period beginning on the date of the enactment of this Act.
(6) Termination of defense acquisition corps.--
(A) The Acquisition Corps for the Department of Defense
referred to in section 1731(a) of title 10, United States
Code, is terminated.
(B) Section 1733 of title 10, United States Code, is
amended--
(i) by striking subsection (a); and
(ii) by redesignating subsection (b) as subsection (a).
(C) Subsection (b) of section 1731 of such title is
transferred to the end of section 1733 of such title, as
amended by paragraph (2), and amended--
(i) by striking ``Acquisition Corps'' in the heading and
inserting ``the Acquisition Workforce''; and
(ii) by striking ``selected for the Acquisition Corps'' and
inserting ``in the acquisition workforce''.
(D) Subsection (e) of section 1732 of such title is
transferred to the end of section 1733 of such title, as
amended by paragraphs (2) and (3), redesignated as subsection
(c), and amended--
(i) by striking ``in the Acquisition Corps'' in paragraphs
(1) and (2) and inserting ``in critical acquisition
positions''; and
(ii) by striking ``serving in the Corps'' in paragraph (2)
and inserting ``employment''.
(E) Sections 1731 and 1732 of such title are repealed.
(F)(i) Section 1733 of such title, as amended by paragraphs
(2), (3), and (4), is redesignated as section 1731.
(ii) The table of sections at the beginning of subchapter
III of chapter 87 of such title is amended by striking the
items relating to sections 1731, 1732, and 1733 and inserting
the following new item:
``1731. Critical acquisition positions.''.
(G)(i) The heading of subchapter III of chapter 87 of such
title is amended to read as follows:
``subchapter iii--critical acquisition positions''.
(ii) The item relating to such subchapter in the table of
subchapters at the beginning of such chapter is amended to
read as follows:
``III. Critical Acquisition Positions.......................1731''.....
(H) Section 1723(a)(2) of such title is amended by striking
``section 1733 of this title'' and inserting ``section 1731
of this title''.
(I) Section 1725 of such title is amended--
(i) in subsection (a)(1), by striking ``Defense Acquisition
Corps'' and inserting ``acquisition workforce''; and
(ii) in subsection (d)(2), by striking ``of the Defense
Acquisition Corps'' and inserting ``in the acquisition
workforce serving in critical acquisition positions''.
(J) Section 1734 of such title is amended--
(i) by striking ``of the Acquisition Corps'' in subsections
(e)(1) and (h) and inserting ``of the acquisition
workforce''; and
(ii) in subsection (g)--
(I) by striking ``of the Acquisition Corps'' in the first
sentence and inserting ``of the acquisition workforce'';
(II) by striking ``of the Corps'' and inserting ``of the
acquisition workforce''; and
(III) by striking ``of the Acquisition Corps'' in the
second sentence and inserting ``of the acquisition workforce
in critical acquisition positions''.
(K) Section 1737 of such title is amended--
(i) in subsection (a)(1), by striking ``of the Acquisition
Corps'' and inserting ``of the acquisition workforce''; and
(ii) in subsection (b), by striking ``of the Corps'' and
inserting ``of the acquisition workforce''.
(L) Section 1742(a)(1) of such title is amended by striking
``the Acquisition Corps'' and inserting ``acquisition
positions in the Department of Defense''.
(M) Section 2228(a)(4) of such title is amended by striking
``under section 1733(b)(1)(C) of this title'' and inserting
``under section 1731 of this title''.
(N) Section 7016(b)(5)(B) of such title is amended by
striking ``under section 1733 of this title'' and inserting
``under section 1731 of this title''.
(O) Section 8016(b)(4)(B) of such title is amended by
striking ``under section 1733 of this title'' and inserting
``under section 1731 of this title''.
(P) Section 9016(b)(4)(B) of such title is amended by
striking ``under section 1733 of this title'' and inserting
``under section 1731 of this title''.
(Q) Paragraph (1) of section 317 of title 37, United States
Code, is amended to read as follows:
``(1) is a member of the acquisition workforce selected to
serve in, or serving in, a critical acquisition position
designated under section 1731 of title 10.''.
(i) Establishment of Defense Civilian Acquisition Training
Corps.--
(1) In general.--Part III of subtitle A of title 10, United
States Code, is amended by inserting after chapter 112 the
following new chapter:
``CHAPTER 113--DEFENSE CIVILIAN ACQUISITION TRAINING CORPS
``2200n. Establishment.
``2200o. Program elements.
``2200p. Model authorities.
``2200q. Definitions.
``Sec. 2200n. Establishment
``For the purposes of preparing selected students for
public service in Department of Defense occupations relating
to acquisition, science, and engineering, the Secretary of
Defense shall establish and maintain a Defense Civilian
Acquisition Training Corps program, organized into one or
more units, at civilian institutions of higher education
offering a program leading to a baccalaureate degree.
``Sec. 2200o. Program elements
``In establishing the program, the Secretary of Defense
shall determine the following:
``(1) Criteria for an institution of higher education to
participate in the program.
``(2) The eligibility of a student to join the program.
``(3) Criteria required for a member of the program to
receive financial assistance.
``(4) The term of service required for a member of the
program to receive financial assistance.
``(5) Criteria required for a member of the program to be
released from a term of service.
``(6) The method by which a successful graduate of the
program may gain immediate employment in the Department of
Defense.
``(7) Resources required for implementation of the program.
``(8) A methodology to identify and target critical skills
gaps in Department of Defense occupations relating to
acquisition, science, and engineering.
``(9) A mechanism to track the success of the program in
eliminating the identified critical skills gap.
``Sec. 2200p. Model authorities
``In making determinations under section 2200o of this
title, the Secretary of Defense shall use the authorities
under chapters 103 and 111 of this title as guides.
``Sec. 2200q. Definitions
``In this chapter:
[[Page H5407]]
``(1) The term `program' means the Defense Civilian
Acquisition Training Corps of the Department of Defense.
``(2) The term `member of the program' means a student at
an institution of higher learning who is enrolled in the
program.
``(3) The term `institution of higher education' has the
meaning given that term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).''.
(2) Implementation timeline.--
(A) Initial implementation.--Not later than December 31,
2019, the Secretary of Defense shall submit to the
congressional defense committees a plan and schedule that
implements the program at one institution of higher learning
not later than August 1, 2020. The plan shall include
recommendations regarding any legislative changes required
for effective implementation of the program.
(B) Expansion.--Not later than December 31, 2020, the
Secretary of Defense shall submit to the congressional
defense committees an expansion plan and schedule to expand
the program to five locations not later than by August 1,
2021.
(C) Full implementation.--Not later than December 31, 2021,
the Secretary of Defense shall submit to the congressional
defense committees a full implementation plan and schedule to
expand the program to at least 20 locations with not fewer
than 400 members in the program not later than August 1,
2022.
(j) Clarifying the Roles and Responsibilities of the Under
Secretary of Defense for Acquisition and Sustainment and the
Under Secretary of Defense for Research and Engineering.--The
laws of the United States are amended as follows:
(1) Section 129a(c)(3) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(2) Section 133a(b)(2) of title 10, United States Code, is
amended by striking ``, including the allocation of resources
for defense research and engineering,''.
(3) Section 134(c) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics,'' and inserting
``Under Secretary of Defense for Acquisition and Sustainment,
the Under Secretary of Defense for Research and
Engineering,''.
(4) Section 139(b) of title 10, United States Code, is
amended in the matter preceding paragraph (1) by striking
``and the Under Secretary of Defense for Acquisition,
Technology, and Logistics'' and inserting ``, the Under
Secretary of Defense for Acquisition and Sustainment, and the
Under Secretary of Defense for Research and Engineering''.
(5) Section 139(b)(2) of title 10, United States Code, is
amended by striking ``and the Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting ``,
the Under Secretary of Defense for Acquisition and
Sustainment, and the Under Secretary of Defense for Research
and Engineering,''.
(6) Section 139 of title 10, United States Code, is amended
in subsections (c) through (h) by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' each
place it appears and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''.
(7) Section 139a(d)(6) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and Sustainment,
the Under Secretary of Defense for Research and
Engineering,''.
(8) Section 171(a) of title 10, United States Code, is
amended--
(A) in paragraph (3), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment'';
(B) by inserting after paragraph (3) the following new
paragraph:
``(4) the Under Secretary of Defense for Research and
Engineering;''; and
(C) by redesignating paragraphs (4) through (13) as
paragraphs (5) through (14), respectively.
(9) Section 171a of title 10, United States Code, is
amended--
(A) in subsection (b)(2), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment'';
(B) by inserting after subsection (b)(2) the following new
paragraph:
``(3) the Under Secretary of Defense for Research and
Engineering;'';
(C) in subsection (b), by redesignating paragraphs (3)
through (7) as paragraphs (4) through (8), respectively; and
(D) in subsection (c), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(10) Subsection (d)(1) of section 181 of title 10, United
States Code, is amended--
(A) in subparagraph (C), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment'';
(B) by inserting after subparagraph (C) the following new
subparagraph:
``(D) the Under Secretary of Defense for Research and
Engineering.''; and
(C) by redesignating paragraphs (D) through (G) as
paragraphs (E) through (H), respectively.
(11) Subsection (b)(2) of section 393 of title 10, United
States Code, is amended--
(A) in subparagraph (B), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment'';
(B) by inserting after subparagraph (B) the following new
subparagraph:
``(C) the Under Secretary of Defense for Research and
Engineering.''; and
(C) by redesignating subparagraphs (C) through (E) as
subparagraphs (D) through (F).
(12) Section 1111 of the National Defense Authorization Act
for Fiscal Year 2016 (Public law 114-92; 129 Stat. 1032; 10
U.S.C. 1701 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' each
place such term appears and inserting ``Under Secretary of
Defense for Acquisition and Sustainment''.
(13) Section 231(a) of the National Defense Authorization
Act for Fiscal Year 2008 (Public law 110-181; 122 Stat. 45;
10 U.S.C. 1701 note) is amended by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(14) Section 1702 of title 10, United States Code, is
amended--
(A) in the heading, by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment'';
(B) in the section text, by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(15) Section 807(a) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314;
116 Stat. 2608; 10 U.S.C. 1702 note) is amended by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(16) Section 1705 of title 10, United Stats Code, is
amended--
(A) in subsection (c), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment'';
(B) in subsection (e)(3), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''; and
(C) in subsection (g)(2)(B), by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(17) Section 803(c) of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1825;
10 U.S.C. 1705 note) is amended by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(18) Section 1722 of title 10, United States Code, is
amended--
(A) in subsection (a), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''; and
(B) in subsection (b)(2)(B), by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(19) Section 1722a of title 10, United States Code, is
amended--
(A) in subsection (a), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''; and
(B) in subsection (e), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(20) Section 1722b(a) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(21) Section 1723 of title 10, United States Code, is
amended--
(A) in subsection (a)(3), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''; and
(B) in subsection (b), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(22) Section 1725(e)(2) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(23) Section 1735(c)(1) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(24) Section 1737(c) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(25) Section 1741(b) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(26) Section 1746(a) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(27) Section 1748 of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(28) Section 2222 of title 10, United States Code, is
amended--
[[Page H5408]]
(A) in subsection (c)(2), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''; and
(B) in subsection (f)(2)(B)(i), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(29) Section 217(a) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 770;
10 U.S.C. 2222 note) is amended by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(30) Section 882(b) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383;
128 Stat. 4308; 10 U.S.C. 2222 note) is amended by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(31) Section 2272 of title 10, United States Code, is
amended by striking ``Assistant Secretary of Defense for
Research and Engineering'' and inserting ``Under Secretary of
Defense for Research and Engineering''.
(32) Section 2275(a) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Research and Engineering''.
(33) Section 2279(d) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(34) Section 2279b of title 10, United States Code, is
amended--
(A) in subsection (b)--
(i) in paragraph (2), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment'';
(ii) by redesignating paragraphs (3) through (10) as
paragraphs (4) through (11), respectively; and
(iii) by inserting after paragraph (2) the following new
paragraph:
``(3) the Under Secretary of Defense for Research and
Engineering.''; and
(B) in subsection (c), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(35) Section 898(a)(2) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2000; 10 U.S.C. 2302 note) is amended by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' each place such term appears and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(36) Section 804 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 726; 10
U.S.C. 2302 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' each
place such term appears and inserting ``Under Secretary of
Defense for Acquisition and Sustainment''.
(37) Section 852 of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year
2015 (Public Law 113-291; 130 Stat. 3458; 10 U.S.C. 2302
note) is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(38) Section 806 of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1487; 10
U.S.C. 2302 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' each
place such term appears and inserting ``Under Secretary of
Defense for Acquisition and Sustainment''.
(39) Section 843 of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1487; 10
U.S.C. 2302 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(40) Section 254(b) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417;
122 Stat. 4402; 10 U.S.C. 2302 note) is amended by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(41) Section 802(d) of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Public Law
108-375; 118 Stat. 2004; 10 U.S.C. 2302 note) is amended by
striking ``Under Secretary of Defense for Acquisition,
Technology, and Logistics'' each place such term appears and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(42) Section 244 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314;
116 Stat. 2498; 10 U.S.C. 2302 note) is amended by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' each place such term appears and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(43) Section 804(c) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314;
116 Stat. 2605; 10 U.S.C. 2302 note) is amended by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' each place such term appears and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(44) Section 2304 of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' each place such term
appears and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(45) Section 895 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 954; 10
U.S.C. 2304 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' each
place such term appears and inserting ``Under Secretary of
Defense for Acquisition and Sustainment''.
(46) Section 806(b) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383;
124 Stat. 4260; 10 U.S.C. 2304 note) is amended by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' each place such term appears and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(47) Section 821(a) of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 226;
10 U.S.C. 2304 note) is amended by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(48) Section 801(b)(2)(B) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181;
122 Stat. 204; 10 U.S.C. 2304 note) is amended by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(49) Section 817(e) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2326; 10 U.S.C. 2304 note) is amended by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(50) Section 811(e)(1) of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163;
120 Stat. 2326; 10 U.S.C. 2304 note) is amended by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(51) Section 875 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2310; 10
U.S.C. 2305 note) is amended--
(A) in subsection (b)(2), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment'';
(B) in subsection (c), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment'';
(C) in subsection (d), by striking ``The Under Secretary
for Acquisition, Technology, and Logistics'' and inserting
``The Under Secretary of Defense for Research and
Engineering''; and
(D) in subsection (e) through (f), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(52) Section 888(b)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2322; 10 U.S.C. 2305 note) is amended by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(53) Section 829(b)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2281; 10 U.S.C. 2306 note) is amended by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(54) Section 2306b(i)(7) of title 10, United States Code,
is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(55) Section 2311(c) of title 10, United States Code, is
amended--
(A) in paragraph (1), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''; and
(B) in paragraph (2)(B), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(56) Section 824(a) of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383;
124 Stat. 4269; 10 U.S.C. 2320 note) is amended by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(57) Section 2326(g) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(58) Section 2330 of title 10, United States Code, is
amended--
(A) in subsection (a)(1), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment'';
(B) in subsection (a)(3), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment'';
(C) in subsection (b)(2), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''; and
(D) in subsection (b)(3)(A), by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
[[Page H5409]]
(59) Section 882 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 942; 10
U.S.C. 2330 note) is amended in the matter preceding
paragraph (1) by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(60) Section 801(b)(2)(B) of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107;
115 Stat. 1176; 10 U.S.C. 2330 note) is amended by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(61) Section 2334 of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' each place such term
appears and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(62) Section 2350a(b)(2) of title 10, United States Code,
is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics, and the Assistant
Secretary of Defense for Research and Engineering'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment, and the Under Secretary of Defense for Research
and Engineering''.
(63) Section 2359(b)(1) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Research and Engineering''.
(64) Section 2359b of title 10, United States Code, is
amended--
(A) in subsection (a)(1), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Research and
Engineering''; and
(B) in subsection (l)(1), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Research and
Engineering''.
(65) Section 2365 of title 10, United States Code, is
amended--
(A) by striking ``Assistant Secretary'' each place it
appears and inserting ``Under Secretary''; and
(B) in subsection (d), by striking paragraph (3).
(66) Section 2375 of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' each place such term
appears and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(67) Section 874(b)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2310; 10 U.S.C. 2375 note) is amended by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(68) Section 876 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2311; 10
U.S.C. 2377 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(69) Section 855 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 919; 10
U.S.C. 2377 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' each
place such term appears and inserting ``Under Secretary of
Defense for Acquisition and Sustainment''.
(70) Section 856(a)(2)(B) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92;
129 Stat. 920; 10 U.S.C. 2377 note) is amended by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(71) Section 2399(b)(3) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics,'' and inserting
``Under Secretary of Defense for Acquisition and Sustainment,
the Under Secretary of Defense for Research and
Engineering,''.
(72) Section 2419(a)(1) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(73) Section 825(c)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92;
129 Stat. 908; 10 U.S.C. 2430 note) is amended by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(74) Section 826(e) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 908;
10 U.S.C. 2430 note) is amended by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(75) Section 827(e) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 909;
10 U.S.C. 2430 note) is amended by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(76) Section 811(b) of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1828;
10 U.S.C. 2430 note) is amended--
(A) in paragraph (1), by striking ``if the Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``if the service acquisition executive, in the case
of a major defense acquisition program of the military
department, or the Under Secretary of Defense for Acquisition
and Sustainment, in the case of a Defense-wide or Defense
Agency major defense acquisition program,''; and
(B) in paragraph (2), by inserting ``the service
acquisition executive or'' before ``the Under Secretary''
each place such term appears.
(77) Section 812(a) of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1829;
10 U.S.C. 2430 note) is amended by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(78) Section 814 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 115-91;
131 Stat. 1467; 10 U.S.C. 2430 note) is amended--
(A) in subsection (b), by striking paragraph (2) and
inserting the following new paragraphs:
``(2) Required members.--Each Configuration Steering Board
under this section shall include a representative of the
following:
``(A) The Chief of Staff of the Armed Force concerned.
``(B) The Comptroller of the military department concerned.
``(C) The military deputy to the service acquisition
executive concerned.
``(D) The program executive officer for the major defense
acquisition program concerned.
``(3) Additional members.--In addition to the members
required in paragraph (2), when the milestone decision
authority for a major defense acquisition program is the
Under Secretary of Defense for Acquisition and Sustainment,
each Configuration Steering Board under this section shall
also include a representative of the following:
``(A) The Office of the Under Secretary of Defense for
Acquisition and Sustainment.
``(B) Other armed forces, as appropriate.
``(C) The Joint Staff.
``(D) Other senior representatives of the Office of the
Secretary of Defense and the military department concerned,
as appropriate.''; and
(B) in subsection (c)(5)(B), by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``service acquisition executive''.
(79) Section 801(a)(1) of the John Warner National Defense
Authorization Act for Fiscal Year 2007 (Public Law 109-364;
120 Stat. 2312; 10 U.S.C. 2430 note) is amended by striking
``Under Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(80) Section 924 of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1576; 10
U.S.C. 2430 note) is amended by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' each
place it appears and inserting ``Under Secretary of Defense
for Acquisition and Sustainment''.
(81) Section 1675(a) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 192 Stat. 1131;
10 U.S.C. 2431 note) is amended by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``the Under Secretary of Defense for Research and
Engineering''.
(82) Section 2431a(b) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(83) Section 2435 of title 10, United States Code, is
amended by striking--
(A) in subsection (b), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``service acquisition executive, in the case of a
major defense acquisition program of a military department,
or the Under Secretary of Defense for Acquisition and
Sustainment, in the case of a Defense-wide or Defense Agency
major defense acquisition program''; and
(B) in subsection (e)(2), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(84) Section 2438(b) of title 10, United States Code, is
amended--
(A) in paragraph (1), by striking ``Under Secretary of
Defense for Acquisition, Technology and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''; and
(B) in paragraph (2), by striking ``Under Secretary of
Defense for Acquisition, Technology and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(85) Section 2448b(a) of title 10, United States Code, is
amended in the matter preceding paragraph (1) by inserting
``by an independent organization selected by the service
acquisition executive'' after ``conducted''.
(86) Section 2503(b) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(87) Section 2508(b) of title 10, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(88) Section 2521 of title 10, United States Code, is
amended--
(A) in subsection (a), by striking ``The Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``The Under Secretary of Defense for Research and
Engineering'';
(B) in subsection (e)(4)(D), by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Research and
Engineering''; and
(C) in subsection (e)(5), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under
[[Page H5410]]
Secretary of Defense for Research and Engineering''.
(89) Section 2533b(k)(2)(A) of title 10, United States
Code, is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(90) Section 2546 of title 10, United States Code, is
amended--
(A) in the heading of subsection (a), by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment'';
(B) in subsection (a), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''; and
(C) in subsection (b), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(91) Section 2548 of title 10, United States Code, is
amended--
(A) in subsection (a), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''; and
(B) in subsection (c)(8), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(92) Section 2902(b) of title 10, United States Code, is
amended--
(A) in paragraph (1), by striking ``Office of the Assistant
Secretary of Defense for Research and Engineering'' and
inserting ``Office of the Secretary of Defense for Research
and Engineering''; and
(B) in paragraph (3), by striking ``Office of the Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Office of the Under Secretary of
Defense for Acquisition and Sustainment''.
(93) Section 2824(d) of the National Defense Authorization
Act for Fiscal Year 2013 (Public law 112-239; 126 Stat. 2154;
10 U.S.C. 2911 note) is amended by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics and the
Assistant Secretary of Defense for Energy, Installations, and
Environment'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(94) Section 315(d) of the National Defense Authorization
Act for Fiscal Year 2012 (Public law 112-81; 125 Stat. 1357;
10 U.S.C. 2911 note) is amended by striking ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(95) Section 2926(e)(5)(D) of title 10, United States Code,
is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary for Defense for Acquisition and
Sustainment''.
(96) Section 836(a)(2) of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81;
125 Stat. 1508; 22 U.S.C. 2767 note) is amended by striking
``the Under Secretary of Defense for Acquisition, Technology,
and Logistics, the Assistant Secretary of Defense for
Research,'' and inserting ``the Under Secretary of Defense
for Acquisition and Sustainment, the Under Secretary of
Defense for Research and Engineering,''.
(97) Section 7103(d)(7)(M)(v) of title 22, United States
Code, is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(98) Section 1126(a)(3) of title 31, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(99) Section 11319(d)(4) of title 40, United States Code,
is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(100) Section 1302(b)(2)(A)(i) of title 41, United States
Code, is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(101) Section 809 of the National Defense Authorization Act
for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat.
1423; 41 U.S.C. 1302 note) is amended by striking ``Under
Secretary of Defense for Acquisition, Technology, and
Logistics'' and inserting ``Under Secretary of Defense for
Acquisition and Sustainment''.
(102) Section 1311(b)(3) of title 41, United States Code,
is amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(103) Section 98f(a)(3) of title 50, United States Code, is
amended by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Acquisition and
Sustainment''.
(104) Section 1521 of title 50, United States Code, is
amended--
(A) in subsection (f)(1), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''; and
(B) in subsection (g)(2), by striking ``Under Secretary of
Defense for Acquisition, Technology, and Logistics'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment.''.
(k) Requirements for the National Security Strategy for
National Technology and Industrial Base.--
(1) National security strategy for national technology and
industrial base.--Section 2501(a) of title 10, United States
Code, is amended by inserting after the first sentence the
following new sentence: ``The Secretary shall submit such
strategy to Congress not later than 180 days after the date
of submission of the national security strategy report
required under section 108 of the National Security Act of
1947 (50 U.S.C. 3043).''.
(2) Annual report to congress.--Section 2504(3) of title
10, United States Code, is amended--
(A) in the matter preceding subparagraph (A), by inserting
``executive order or'' after ``pursuant to'';
(B) by amending subparagraph (A) to read as follows:
``(A) prioritized list of gaps or vulnerabilities in the
national technology and industrial base, including--
``(i) a description of mitigation strategies necessary to
address such gaps or vulnerabilities;
``(ii) the identification of the individual responsible for
addressing such gaps or vulnerabilities; and
``(iii) a proposed timeline for action to address gaps or
vulnerabilities.''.
(l) Establishment of Center for Acquisition Innovation.--
(1) Establishment of center for acquisition innovation.--
(A) In general.--Chapter 97 of title 10, United States
Code, is amended by inserting after section 1746 the
following new section:
``Sec. 1746a. Center for Acquisition Innovation
``(a) Establishment.--The Secretary of Defense, acting
through the Under Secretary of Defense for Acquisition and
Sustainment, shall establish and maintain a Center for
Acquisition Innovation (hereinafter referred to as the
`Center') at the Naval Postgraduate School. The Center shall
operate as an academic entity specializing in innovation
relating to the defense acquisition system.
``(b) Mission.--(1) The mission of the Center is to provide
to policymakers in the Department of Defense, Congress, and
throughout the Government, academic analyses and policy
alternatives for innovation in the defense acquisition
system. The Center shall accomplish that mission by a variety
of means intended to widely disseminate the research findings
of the Center.
``(2) In carrying out the mission under paragraph (1), the
Center shall, on an ongoing basis, review the statutes and
regulations applicable to the defense acquisition system. The
objective of such review is to provide policy alternatives
for streamlining and improving the efficiency and
effectiveness of the defense acquisition process in order to
ensure a defense technology advantage for the United States
over potential adversaries.
``(c) Implementation Review of Section 809 Panel
Recommendations and Center Policy Alternatives.--(1) The
Center shall, on an ongoing basis, review implementation of
the recommendations of the Section 809 Panel and policy
alternatives provided by the Center. As part of such review,
the Center shall--
``(A) for recommendations or policy alternatives for the
enactment of legislation, identify whether (or to what
extent) the recommendations or policy alternatives have been
adopted by being enacted into law by Congress;
``(B) for recommendations or policy alternatives for the
issuance of regulations, identify whether (or to what extent)
the recommendations or policy alternatives have been adopted
through issuance of new agency or Government-wide
regulations; and
``(C) for recommendations or policy alternatives for
revisions to policies and procedures in the executive branch,
identify whether (or to what extent) the recommendations or
policy alternatives have been adopted through issuance of an
appropriate implementing directive or other form of guidance.
``(2) In this subsection, the term `Section 809 Panel'
means the panel established by the Secretary of Defense
pursuant to section 809 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92), as amended by
section 863(d) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) and sections 803(c) and
883 of the National Defense Authorization Act for Fiscal Year
2018 (Public Law 115-91).
``(d) Funding.--There shall be available for the Center for
any fiscal year from the Defense Acquisition Workforce and
Development Fund not less than the amount of $3,000,000 (in
fiscal year 2019 constant dollars), in addition to any other
amount available for that fiscal year for the Naval
Postgraduate School.
``(e) Annual Report.--(1) Not later than September 30 each
year, the Center shall submit to the Secretary of Defense,
who shall forward to the Committees on Armed Services of the
Senate and House of Representatives, a report describing the
activities of the Center during the previous year and
providing the findings, analysis, and policy alternatives of
the Center relating to the defense acquisition system.
``(2) Each such report shall be submitted in accordance
with paragraph (1) without further review within the
executive branch.
``(3) Each report under paragraph (1) shall include the
following:
``(A) Results of academic research and analysis.
``(B) Results of the implementation reviews conducted
pursuant to subsection (d).
``(C) Policy alternatives for such legislative and
executive branch action as the Center considers warranted.
``(D) Specific implementation language for any statutory
changes recommended.
``(f) Definition.--In this section, the term `defense
acquisition system' has the meaning given that term in
section 2545(2) of this title.''.
[[Page H5411]]
(B) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2165 the following new item:
``1746a. Center for Acquisition Innovation.''.
(2) Deadline for implementation.--The Secretary of Defense
shall establish the Center for Acquisition Innovation under
section 1746a of title 10, United States Code, as added by
subsection (a), not later than March 1, 2020. The first
Director of the Center shall be appointed not later than June
1, 2020, and the Center should be fully operational not later
than June 1, 2021.
(3) Implementation report.--
(A) In general.--Not later than January 1, 2021, the head
of the Center of Acquisition Innovation shall submit to the
Secretary of Defense a report setting forth the
organizational plan for the Center for Acquisition
Innovation, the proposed budget for the Center, and the
timetable for initial and full operations of the Center.
(B) Transmittal.--The Secretary of Defense shall transmit
the report under paragraph (1), together with whatever
comments the Secretary considers appropriate, to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives not later
than February 1, 2021.
(4) Records of the section 809 panel.--
(A) Transfer and maintenance of records.--Following
termination of the Section 809 Panel, the records of the
panel shall be transferred to, and shall be maintained by,
the Defense Technical Information Center. Such transfer shall
be accomplished not later than August 1, 2019.
(B) Status of records.--Working papers, records of
interview, and any other draft work products generated for
any purpose by the Section 809 Panel during its research are
covered by the deliberative process privilege exemption under
paragraph (5) of section 552(b) of title 5, United States
Code.
(C) Definition.--In this section, the term ``Section 809
Panel'' means the panel established by the Secretary of
Defense pursuant to section 809 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92),
as amended by section 863(d) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328)
and sections 803(c) and 883 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91).
Subtitle F--Industrial Base Matters
SEC. 871. CONSIDERATION OF SUBCONTRACTING TO MINORITY
INSTITUTIONS.
(a) In General.--Chapter 141 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2410t. Consideration of subcontracting to minority
institutions
``(a) Consideration of Subcontracting to Minority
Institutions.--The Secretary of Defense shall revise the
Department of Defense Supplement to the Federal Acquisition
Regulation to require that the system used by the Federal
Government to monitor or record contractor past performance
for a grant or contract awarded to an institution of higher
education includes incentives for the award of a sub-grant or
subcontract to minority institutions.
``(b) Minority Institution Defined.--In this section, the
term `minority institution' means--
``(1) a part B institution (as that term is defined in
section 322(2) of the Higher Education Act of 1965 (20 U.S.C.
1061(2)); or
``(2) any other institution of higher education (as that
term is defined in section 101 of such Act (20 U.S.C. 1001))
at which not less than 50 percent of the total student
enrollment consists of students from ethnic groups that are
underrepresented in the fields of science and engineering.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2410t. Consideration of subcontracting to minority institutions.''.
SEC. 872. SIZE STANDARD CALCULATIONS FOR CERTAIN SMALL
BUSINESS CONCERNS.
(a) Clarifying Amendment to the Small Business Runway
Extension Act of 2018.--Section 3(a)(2)(C) of the Small
Business Act (15 U.S.C. 632(a)(2)(C)) is amended by inserting
``(including the Administration when acting pursuant to
subparagraph (A))'' after ``no Federal department or
agency''.
(b) Finalization of Small Business Runway Extension Act of
2018 Rules.--The Administrator of the Small Business
Administration shall issue a final rule implementing the
Small Business Runway Extension Act of 2018 (Public Law 115-
324) not later than December 17, 2019.
(c) Amendment to Size Standards for Certain Small Business
Concerns.--
(1) Size standards for small business concerns providing
services.--Section 3(a)(2)(C)(ii)(II) of the Small Business
Act (15 U.S.C. 632(a)(2)(C)(ii)(II)) is amended by striking
``not less than''.
(2) Size standards for other business concerns.--Section
3(a)(2)(C)(ii)(III) of the Small Business Act (15 U.S.C.
632(a)(2)(C)(ii)(III)) is amended by striking ``not less than
3 years'' and inserting ``5 years''.
(d) Transition Plan for the Small Business Runway Extension
Act of 2018.--
(1) Plan required.--Not later than 90 days after the date
of the enactment of this Act, the Administrator of the Small
Business Administration shall implement a transition plan to
assist business concerns and Federal agencies with compliance
with the requirements of the Small Business Runway Extension
Act of 2018 (Public Law 115-324).
(2) 3-Year calculation for size standards.--
(A) In general.--The transition plan described under
paragraph (1) shall include a requirement that, during the
period beginning on December 17, 2018, and ending on the date
that is 6 months after the date on which the Administrator
issues final rules implementing the Small Business Runway
Extension Act of 2018 (Public Law 115-324), allows the use of
a 3-year calculation for a size standard to be applied to a
business concern if the use of such 3-year calculation allows
such concern to be considered a small business concern under
section 3(a)(1) of the Small Business Act (15 U.S.C.
632(a)(1)).
(B) 3-year calculation defined.--In this subsection, the
term ``3-year calculation'' means--
(i) with respect to a business concern providing services
described under clause (ii)(II) of such section, a
determination of the size of such concern on the basis of the
annual average gross receipts of such concern over a period
of 3 years; and
(ii) with respect to a business concern described under
clause (ii)(III) of such section, a determination of the size
of such concern on the basis of data over a period of 3
years.
(e) Requirement to Update SAM.--Not later than 90 days
after the date of the enactment of this Act, the System for
Award Management (or any successor system) shall be updated
to comply with the requirements of this Act.
SEC. 873. MODIFICATIONS TO SMALL BUSINESS SUBCONTRACTING.
(a) Small Business Lower-tier Subcontracting.--Section 8(d)
of the Small Business Act (15 U.S.C. 637(d)) is amended--
(1) by amending paragraph (16) to read as follows:
``(16) Credit for certain small business concern
subcontractors.--
``(A) In general.--For purposes of determining whether or
not a prime contractor has attained the percentage goals
specified in paragraph (6)--
``(i) if the subcontracting goals pertain only to a single
contract with the Federal agency, the prime contractor may
elect to receive credit for small business concerns
performing as first tier subcontractors or subcontractors at
any tier pursuant to the subcontracting plans required under
paragraph (6)(D) in an amount equal to the total dollar value
of any subcontracts awarded to such small business concerns;
and
``(ii) if the subcontracting goals pertain to more than one
contract with one or more Federal agencies, or to one
contract with more than one Federal agency, the prime
contractor may only receive credit for first tier
subcontractors that are small business concerns.
``(B) Collection and review of data on subcontracting
plans.--The head of each contracting agency shall ensure
that--
``(i) the agency collects and reports data on the extent to
which contractors of the agency meet the goals and objectives
set forth in subcontracting plans submitted pursuant to this
subsection; and
``(ii) the agency periodically reviews data collected and
reported pursuant to subparagraph (A) for the purpose of
ensuring that such contractors comply in good faith with the
requirements of this subsection and subcontracting plans
submitted by the contractors pursuant to this subsection.
``(C) Rule of construction.--Nothing in this paragraph
shall be construed to allow a Federal agency to establish a
goaling requirement for a prime contractor eligible to
receive credit under this paragraph that establishes an
amount of subcontracts with a subcontractor that is not a
first tier subcontractor for such prime contractor.''; and
(2) by adding at the end the following new paragraph:
``(18) Dispute process for non-payment to subcontractors.--
``(A) Notice to agency.--With respect to a contract with a
Federal agency, a subcontractor of a prime contractor on such
contract may, if the subcontractor has not received payment
for performance on such contract within 30 days of the
completion of such performance, notify the Office of Small
and Disadvantaged Business Utilization (hereinafter referred
to as `OSDBU') of the Federal agency and the prime contractor
of such lack of payment.
``(B) Agency determination.--
``(i) In general.--Upon receipt of a notice described under
subparagraph (A) and if such notice is provided to the agency
within the 15-day period following the end the 30-day period
described in subparagraph (A), the OSDBU shall verify whether
such lack of payment has occurred and determine whether such
lack of payment is due to an undue restriction placed on the
prime contractor by an action of the Federal agency.
``(ii) Response during determination.--During the period in
which the OSDBU is making the determination under clause (i),
the prime contractor may respond to both the subcontractor
and the OSDBU with relevant verifying documentation to either
prove payment or allowable status of nonpayment.
``(C) Cure period.--If the OSDBU verifies that the lack of
payment under subparagraph (B) is not due to an action of the
Federal agency, and the prime contractor has not provided
verifying documentation described in subparagraph (B)(ii),
the OSDBU shall notify the prime contractor and provide the
prime contractor with a 15-day period in which the prime
contractor may make the payment owed to the subcontractor.
``(D) Result of nonpayment.--If, after notifying the prime
contractor under subparagraph (C), the OSDBU determines that
the prime contractor has not fully paid the amount owed
within the 15-day period described under subparagraph (C),
the OSDBU shall ensure that such failure to pay is reflected
in the Contractor Performance Assessment Reporting system (or
any successor system).''.
(b) Maintenance of Records With Respect to Credit Under a
Subcontracting Plan.--
[[Page H5412]]
Section 8(d)(6) of the Small Business Act (15 U.S.C.
637(d)(6)) is amended--
(1) by redesignating subparagraphs (G) and (H) as
subparagraphs (H) and (I), respectively (and conforming the
margins accordingly); and
(2) by inserting after subparagraph (F) the following new
subparagraph:
``(G) a recitation of the types of records the successful
offeror or bidder will maintain to demonstrate that
procedures have been adopted to substantiate the credit the
successful offeror or bidder will elect to receive under
paragraph (16)(A)(i);''.
SEC. 874. INCLUSION OF BEST IN CLASS DESIGNATIONS IN ANNUAL
REPORT ON SMALL BUSINESS GOALS.
Section 15(h) of the Small Business Act (15 U.S.C. 644(h))
is amended by adding at the end the following new paragraph:
``(4) Best in class small business participation
reporting.--
``(A) Addendum.--The Administrator, in addition to the
requirements under paragraph (2), shall include in the report
required by such paragraph, for each best in class
designation--
``(i) the total amount of spending Governmentwide in such
designation;
``(ii) the number of small business concerns awarded
contracts and the dollar amount of such contracts awarded
within each such designation to each of the following--
``(I) qualified HUBZone small business concerns;
``(II) small business concerns owned and controlled by
women;
``(III) small business concerns owned and controlled by
service-disabled veterans; and
``(IV) small business concerns owned and controlled by
socially and economically disadvantaged individuals.
``(B) Best in class defined.--The term `best in class' has
the meaning given such term by the Director of the Office of
Management and Budget.
``(C) Effective date.--The Administrator shall report on
the information described by subparagraph (A) beginning on
the date that such information is available in the Federal
Procurement Data System, the System for Award Management, or
any successor to such systems.''.
SEC. 875. SMALL BUSINESS ADMINISTRATION CYBERSECURITY
REPORTS.
Section 10 of the Small Business Act (15 U.S.C. 639) is
amended by inserting after subsection (a) the following:
``(b) Cybersecurity Reports.--
``(1) Annual report.--Not later than 180 days after the
date of enactment of this subsection, and every year
thereafter, the Administrator shall submit a report to the
appropriate congressional committees that includes--
``(A) an assessment of the information technology (as
defined in section 11101 of title 40, United States Code) and
cybersecurity infrastructure of the Administration;
``(B) a strategy to increase the cybersecurity
infrastructure of the Administration;
``(C) a detailed account of any information technology
equipment or interconnected system or subsystem of equipment
of the Administration that was manufactured by an entity that
has its principal place of business located in China, Iran,
Russia, or North Korea; and
``(D) an account of any cybersecurity risk or incident that
occurred at the Administration during the 2-year period
preceding the date on which the report is submitted, and any
action taken by the Administrator to respond to or remediate
any such cybersecurity risk or incident.
``(2) Additional reports.--If the Administrator determines
that there is a reasonable basis to conclude that a
cybersecurity risk or incident occurred at the
Administration, the Administrator shall--
``(A) not later than 7 days after the date on which the
Administrator makes that determination, notify the
appropriate congressional committees of the cybersecurity
risk or incident; and
``(B) not later than 30 days after the date on which the
Administrator makes a determination under subparagraph (A)--
``(i) provide notice to individuals and small business
concerns affected by the cybersecurity risk or incident; and
``(ii) submit to the appropriate congressional committees a
report, based on information available to the Administrator
as of the date which the Administrator submits the report,
that includes--
``(I) a summary of information about the cybersecurity risk
or incident, including how the cybersecurity risk or incident
occurred; and
``(II) an estimate of the number of individuals and small
business concerns affected by the cybersecurity risk or
incident, including an assessment of the risk of harm to
affected individuals and small business concerns.
``(3) Rule of construction.--Nothing in this subsection
shall be construed to affect the reporting requirements of
the Administrator under chapter 35 of title 44, United States
Code, in particular the requirement to notify the Federal
information security incident center under section
3554(b)(7)(C)(ii) of such title, or any other provision of
law.
``(4) Definitions.--In this subsection:
``(A) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(i) the Committee on Small Business and Entrepreneurship
of the Senate; and
``(ii) the Committee on Small Business of the House of
Representatives.
``(B) Cybersecurity risk; incident.--The terms
`cybersecurity risk' and `incident' have the meanings given
such terms, respectively, under section 2209(a) of the
Homeland Security Act of 2002.''.
SEC. 876. CYBER COUNSELING CERTIFICATION PROGRAM FOR LEAD
SMALL BUSINESS DEVELOPMENT CENTERS.
Section 21 of the Small Business Act (15 U.S.C. 648) is
amended by adding at the end the following:
``(o) Cyber Counseling Certification Program for Lead Small
Business Development Centers.--
``(1) Certification program.--The Administrator shall
establish a cyber counseling certification program, or
approve a similar existing program, to certify employees of
lead small business development centers to provide cyber
planning assistance to small business concerns.
``(2) Number of certified employees.--The Administrator
shall ensure that each lead small business development center
has at least 1 employee, and not less than 10 percent of the
total number of employees of the lead small business
development center, certified in providing cyber planning
assistance under this subsection.
``(3) Consideration of small business development center
cyber strategy.--In carrying out this subsection, the
Administrator, to the extent practicable, shall consider any
cyber strategy methods included in the Small Business
Development Center Cyber Strategy developed under section
1841(a)(3)(B) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2662) and any
cybersecurity outreach conducted pursuant to section 2209(l)
of the Homeland Security Act of 2002.
``(4) Reimbursement for certification.--Subject to the
availability of appropriations, the Administrator shall
reimburse a lead small business development center in an
amount not to exceed $350,000 in any fiscal year for costs
relating to the certification of an employee of the lead
small business development center under the program
established under paragraph (1).
``(5) Definitions.--In this subsection:
``(A) Cyber planning assistance.--The term `cyber planning
assistance' means counsel and assistance to improve the
cybersecurity infrastructure, awareness of cyber threat
indicators, and cyber training programs for employees of a
small business concern.
``(B) Lead small business development center.--The term
`lead small business development center' means a small
business development center that has received a grant under
this section.''.
SEC. 877. EXEMPTION OF CERTAIN CONTRACTS FROM THE PERIODIC
INFLATION ADJUSTMENTS TO THE ACQUISITION-
RELATED DOLLAR THRESHOLD.
Subparagraph (B) of section 1908(b)(2) of title 41, United
States Code, is amended by inserting ``3131 to 3134,'' after
``sections''.
SEC. 878. IMPROVEMENTS TO CERTAIN DEFENSE INNOVATION
PROGRAMS.
(a) Alignment of the Small Business Innovation Research
Program and Small Business Technology Transfer Program of the
Department of Defense With the National Defense Science and
Technology Strategy.--
(1) In general.--The Secretary of Defense and Secretaries
of the military departments shall, to the extent practicable,
align the research topics selected for activities conducted
under the Small Business Innovation Research Program and
Small Business Technology Transfer Program (as defined under
section 9 of the Small Business Act (15 U.S.C. 638) with the
National Defense Science and Technology Strategy established
under section 218 of the John. S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1679).
(2) Use of national defense science and technology strategy
to determine research topics.--Section 9 of the Small
Business Act (15 U.S.C. 638) is amended--
(A) in subsection (g)(3)(B), by striking ``, in the 1992
report'' and all that follows through ``that authority'' and
inserting ``in the National Defense Science and Technology
Strategy established under section 218 of the John. S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 1679)''; and
(B) in subsection (o)(3)(B), by striking ``, in accordance
with section 2522 of title 10, United States Code'' and
inserting ``in the National Defense Science and Technology
Strategy established under section 218 of the John. S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 1679)''.
(b) Pilot Program for Domestic Investment Under the SBIR
Program.--
(1) Sense of congress.--It is the sense of Congress that
the Administrator of the Small Business Administration should
promulgate regulations to carry out the requirements under
section 9(dd) of the Small Business Act (15 U.S.C. 638(dd))
that--
(A) permit small business concerns that are majority-owned
by multiple venture capital operating companies, hedge funds,
or private equity firms to participate in the SBIR program in
accordance with such section;
(B) provide specific information regarding eligibility,
participation, and affiliation rules to such small business
concerns; and
(C) preserve and maintain the integrity of the SBIR program
as a program for small business concerns in the United States
by prohibiting large entities or foreign-owned entities from
participation in the SBIR program.
(2) Domestic investment pilot program.--
(A) In general.--Not later than 1 year after the date of
the enactment of this Act and notwithstanding the
requirements of section 9(dd) of the Small Business Act (15
U.S.C. 638(dd)), the Secretary of Defense shall create and
administer a program to be known as the ``Domestic Investment
Pilot Program'' under which the Secretary and the service
acquisition executive for each military department may make a
SBIR award to a small business concern that is majority-owned
by multiple United States-owned venture capital operating
companies, hedge funds, or private equity firms without
providing the written determination described under paragraph
(2) of such section 9(dd).
[[Page H5413]]
(B) Limitation.--The Secretary of Defense may award not
more than 10 percent of the funds allocated for the SBIR
program of the Department of Defense under section 9(f) of
the Small Business Act (15 U.S.C. 638(f)) to small business
concerns that are owned in majority part by multiple venture
capital operating companies, hedge funds, or private equity
firms through competitive, merit-based procedures that are
open to all eligible small business concerns.
(C) Evaluation criteria.--In carrying out the Domestic
Investment Pilot Program, the Secretary of Defense may not
use investment of venture capital or investment from hedge
funds or private equity firms as a criterion for the award of
contracts under the SBIR program or STTR program.
(D) Annual reporting.--The Secretary of Defense shall
include as part of each annual report required under section
9(b)(7) of the Small Business Act (15 U.S.C. 638(9)(b)(7))
)--
(i) information on the implementation of the Domestic
Investment Pilot Program;
(ii) the number of proposals received from small business
concerns that are majority-owned by multiple venture capital
operating companies, hedge funds, or private equity firms for
the Domestic Investment Pilot Program; and
(iii) the number of awards made to such small business
concerns.
(E) Termination.--The Domestic Investment Pilot Program
established under this subsection shall terminate on
September 30, 2022.
(3) Definitions.--In this section:
(A) SBIR.--The term ``SBIR'' has the meaning given in
section 9(e) of the Small Business Act (15 U.S.C. 638(e)).
(B) Small business act definitions.--The terms ``small
business concern'', ``venture capital operating company'',
``hedge fund'', and ``private equity firm'' have the meanings
given those terms, respectively, in section 3 of the Small
Business Act (15 U.S.C. 632).
(c) Cybersecurity Technical Assistance for SBIR and STTR
Programs.--
(1) In general.--The Secretary of Defense may enter into an
agreement with 1 or more vendors selected under section
(9)(q)(2) of the Small Business Act (15 U.S.C. 638(q)(2)) to
provide small business concerns engaged in SBIR or STTR
projects with cybersecurity technical assistance , such as
access to a network of cybersecurity experts and engineers
engaged in designing and implementing cybersecurity
practices.
(2) Amounts.--In carrying out paragraph (1), the Secretary
of Defense may provide the amounts described under section
(9)(q)(3) of such Act (15 U.S.C. 638(q)(3)) to a recipient
that meets the eligibility requirements under the applicable
subparagraph, if the recipient requests to seek cybersecurity
technical assistance from an individual or entity other than
a vendor selected as described in paragraph (1).
(d) Phase 0 Proof of Concept Partnership Program for the
Department of Defense.--Section 9(jj) of the Small Business
Act (15 U.S.C. 638) is amended--
(1) in paragraph (1), by striking ``The Director of the
National Institutes of Health'' and inserting ``A covered
agency head'';
(2) by striking ``The Director'' each place it appears and
inserting ``A covered agency head'';
(3) by striking ``the Director'' each place it appears and
inserting ``a covered agency head'';
(4) in paragraph (2)--
(A) by amending subparagraph (A) to read as follows:
``(A) the term `covered agency head' means--
``(i) with respect to the STTR program of the National
Institutes of Health, the Director of the National Institutes
of Health; or
``(ii) with respect to the STTR program of the Department
of Defense, the Secretary of Defense;''; and
(B) in subparagraph (C), by striking ``in the National
Institutes of Health's STTR program'' and inserting ``in
either the STTR program of the Department of Defense or the
STTR program of the National Institutes of Health''; and
(5) in paragraph (4)(A), by inserting ``participating in
the STTR program administered by such agency head'' after ``a
qualifying institution''.
(e) Modification to the Defense Research and Development
Rapid Innovation Program.--
(1) Increase to funding.--Section 2359a(b)(3) of title 10,
United States Code, is amended by striking ``$3,000,000'' and
inserting ``$6,000,000''.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on the
program established under section 2359a(b)(3) of title 10,
United States Code, (commonly known as the ``Defense Research
and Development Rapid Innovation Program''), which shall
include--
(A) with respect to the two fiscal years preceding the
submission of the report--
(i) a description of the total number of proposals funded
under the program;
(ii) the percent of funds made available under the program
for Small Business Innovation Research Program projects; and
(iii) a list of Small Business Innovation Research Program
projects that received funding under the program that were
included in major defense acquisition programs (as defined in
section 2430 of title 10, United States Code) and other
defense acquisition programs that meet critical national
security needs; and
(B) an assessment on the effectiveness of the program in
stimulating innovation technologies, reducing acquisition or
lifecycle costs, addressing technical risk, and improving the
timeliness and thoroughness of test and evaluation outcomes.
(f) Establishment of Joint Reserve Detachments at Defense
Innovation Unit.--
(1) Establishment.--The Secretary of Defense, in
consultation with the Secretaries of the military
departments, shall establish not fewer than three joint
reserve detachments (referred to in this section as
``Detachments'') at locations of the Defense Innovation
Unit--
(A) to support engagement and collaboration with commercial
innovation hubs; and
(B) to accelerate the transition and adoption of commercial
technologies for national security purposes.
(2) Composition.--Each Detachment shall be composed of
members of the reserve components who possess relevant
private sector experience in the fields of business,
acquisition, intelligence, engineering, technology transfer,
science, mathematics, contracting, procurement, logistics,
cyberspace security, or such other fields as are determined
to be relevant by the Under Secretary of Defense for Research
and Engineering.
(3) Responsibilities.--The Detachments shall have the
following responsibilities:
(A) Each Detachment shall provide the Department of Defense
with expertise, analysis, alternatives for innovation, and
opportunities for greater engagement and collaboration
between the defense innovation ecosystem and commercial
industry.
(B) Each Detachment shall, on an ongoing basis--
(i) recruit, retain, and employ members of the reserve
components who possess relevant private sector experience, as
described in paragraph (2);
(ii) partner with the military services, the combatant
commands, and other Department of Defense organizations to
seek and rapidly prototype advanced commercial solutions
while lowering the barrier to entry to serve defense
requirements;
(iii) increase awareness of--
(I) the technology portfolios of the Defense Innovation
Unit; and
(II) the technology requirements of the Department of
Defense as identified in the National Defense Science and
Technology Strategy developed under section 218 of the John
S. McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 132 Stat. 1679);
(iv) capitalize on the growing investment in research and
development made by the commercial industry in assessing and
maturing dual-use technologies; and
(v) carry out such other activities as may be directed by
the Under Secretary of Defense for Research and Engineering.
(4) Deadline for establishment of detachments.--The
Secretary of Defense shall ensure that--
(A) at least one Detachment is established on or before
October 1, 2020; and
(B) all three Detachments required under subsection (a) are
established on or before October 1, 2022.
(5) Implementation report.--
(A) In general.--Not later than 120 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Research and Engineering shall submit to the congressional
defense committees a report that includes--
(i) an organizational plan for the Detachments;
(ii) the estimated costs of establishing the Detachments;
(iii) a timeline specifying when each Detachment will
attain initial operational capability and full operational
capability, respectively.
(B) Consultation.--In preparing the report required under
subparagraph (A), the Under Secretary of Defense for Research
and Engineering shall consult with the Director of the
Defense Innovation Unit and the head of each military
service.
(g) Modification to Department of Defense SBIR
Expenditures.--Section 9(f) of the Small Business Act (15
U.S.C. 638(f)) is amended--
(1) in paragraph (1)(I), by inserting ``, except as
provided in paragraph (5)'' after ``thereafter,'' and
inserting ``fiscal years 2017 through 2019; and''; and
(2) by adding at the end the following new paragraph:
``(5) Required expenditure amounts for the department of
defense.--With respect to fiscal year 2020 and each fiscal
year thereafter, paragraph (1)(I) shall apply to the
Department of Defense with `4.0 percent' substituted for `3.2
percent'.''.
SEC. 879. PILOT PROGRAM FOR DEVELOPMENT OF TECHNOLOGY-
ENHANCED CAPABILITIES WITH PARTNERSHIP
INTERMEDIARIES.
(a) Establishment.--The Secretary of Defense may authorize
the Commander of the United States Special Operations Command
to use not more than 5 percent of the funds required to be
expended by the Department of Defense under section 9(f)(1)
of the Small Business Act (15 U.S.C. 638(f)(1)) for a pilot
program to increase participation by small business concerns
in the development of technology-enhanced capabilities for
special operations forces.
(b) Use of Partnership Intermediary.--
(1) Authorization.--The Commander of the United States
Special Operations Command may modify an existing agreement
with a partnership intermediary to assist the Commander in
carrying out the pilot program under this section, including
with respect to the award of Small Business Innovation
Research Program contracts, Small Business Technology
Transfer Program contracts, and other contracts and
agreements to small business concerns.
(2) Use of funds.--None of the funds referred to in
subsection (a) shall be used to pay a partnership
intermediary for any administrative costs associated with the
pilot program.
(c) Report.--Not later than October 1, 2020, and October 1,
2021, the Commander of the United States Special Operations
Command shall submit to the congressional defense committees,
the Committee on Small Business of the
[[Page H5414]]
House of Representatives, and the Committee on Small Business
and Entrepreneurship of the Senate a report describing any
agreement with a partnership intermediary entered into
pursuant to this section. The report shall include, for each
such agreement, the amount of funds obligated, an
identification of the recipient of such funds, and a
description of the use of such funds.
(d) Termination.--The authority to carry out a pilot
program under this section shall terminate on September 30,
2021.
(e) Definitions.--In this section:
(1) Partnership intermediary.--The term ``partnership
intermediary'' has the meaning given the term in section
23(c) of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3715(c)).
(2) Small business concern.--The term ``small business
concern'' has the meaning given the term under section 3 of
the Small Business Act (15 U.S.C. 632).
(3) Small business innovation research program.--The term
``Small Business Innovation Research Program'' has the
meaning given the term in section 9(e)(4) of the Small
Business Act (15 U.S.C. 638(e)).
(4) Small business technology transfer program.--The term
``Small Business Technology Transfer Program'' has the
meaning given the term in section 9(e)(5) of the Small
Business Act (15 U.S.C. 638(e)).
(5) Technology-enhanced capability.--The term ``technology-
enhanced capability'' means a product, concept, or process
that improves the ability of a member of the Armed Forces to
achieve an assigned mission.
SEC. 880. AUTHORIZED OFFICIAL TO CARRY OUT THE PROCUREMENT
TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT
PROGRAM.
(a) Authorized Official.--Effective October 1, 2021,
section 2411(3) of title 10, United States Code, is amended
by striking ``Director of Defense Logistics Agency'' and
inserting ``Under Secretary of Defense for Acquisition and
Sustainment''.
(b) Report and Briefing.--Not later than November 1, 2020,
the Secretary of Defense shall provide to the congressional
defense committees a written report and briefing on the
activities carried out in preparation for the transition of
responsibilities for carrying out the procurement technical
assistance cooperative agreement program under chapter 142 of
title 10, United States Code, from the Director of Defense
Logistics Agency to the Under Secretary of Defense for
Acquisition and Sustainment, as required by subsection (a).
(c) Annual Budget Justification Documents.--Not later than
February 1, 2022, and each fiscal year thereafter, the
Secretary of Defense shall submit to the congressional
defense committees a budget justification display that
includes the procurement technical assistance cooperative
agreement program under chapter 142 of title 10, United
States Code, as part of the budget justification for
Operation and Maintenance, Defense-wide for the Office of the
Secretary of Defense.
SEC. 881. PERMANENT AUTHORIZATION AND IMPROVEMENT OF
DEPARTMENT OF DEFENSE MENTOR-PROTEGE PROGRAM.
(a) Permanent Authorization.--Section 831 of the National
Defense Authorization Act for Fiscal Year 1991 (Public Law
101-510; 10 U.S.C. 2302 note) is amended by striking
subsection (j).
(b) Office of Small Business Programs Oversight.--Section
831 of the National Defense Authorization Act for Fiscal Year
1991 (Public Law 101-510; 10 U.S.C. 2302 note) is amended--
(1) by redesignating subsection (n) as subsection (o); and
(2) by inserting after subsection (m) the following new
subsection:
``(n) Establishment of Performance Goals and Periodic
Reviews.--The Office of Small Business Programs of the
Department of Defense shall--
``(1) establish performance goals consistent with the
stated purpose of the Mentor-Protege Program and outcome-
based metrics to measure progress in meeting those goals; and
``(2) submit to the congressional defense committees, not
later than February 1, 2020, a report on progress made toward
implementing these performance goals and metrics, based on
periodic reviews of the procedures used to approve mentor-
protege agreements.''.
(c) Modification of Disadvantaged Small Business Concern
Definition.--Subsection (o)(2) of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101-510;
10 U.S.C. 2302 note), as redesignated by subsection (b)(1) of
this section, is amended by striking ``has less than half the
size standard corresponding to its primary North American
Industry Classification System code'' and inserting ``is not
more than the size standard corresponding to its primary
North American Industry Classification System code''.
(d) Removal of Pilot Program References.--Section 831 of
the National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510; 10 U.S.C. 2302 note) is amended--
(1) in the subsection heading for subsection (a), by
striking ``Pilot''; and
(2) by striking ``pilot'' each place it appears.
(e) Independent Report on Program Effectiveness.--
(1) In general.--The Secretary of Defense shall direct the
Defense Business Board to submit to the congressional defense
committees a report evaluating the effectiveness of the
Mentor-Protege Program established under section 831 of the
National Defense Authorization Act for Fiscal Year 1991
(Public Law 101-510; 10 U.S.C. 2302 note), including
recommendations for improving the program in terms of
performance metrics, forms of assistance, and overall program
effectiveness not later than March 31, 2022.
(2) Congressional defense committees defined.--In this
subsection, the term ``congressional defense committees'' has
the meaning given that term in section 101(a)(16) of title
10, United States Code.
Subtitle G--Other Matters
SEC. 891. REQUIREMENT TO USE MODELS OF COMMERCIAL E-COMMERCE
PORTAL PROGRAM.
(a) In General.--Before the award of a final contract to a
commercial e-commerce portal provider pursuant to section 846
of the National Defense Authorization Act for Fiscal Year
2018 (Public Law 115-91; 41 U.S.C. 1901 note), the
Administrator of General Services shall establish a five-year
program to test the three models for commercial e-commerce
portals identified in section 4.1 of ``Procurement Through
Commercial E-Commerce Portals Phase II Report: Market
Research & Consultation'' issued by the Administrator in
April 2019.
(b) Analysis.--The Administrator shall conduct an analysis
of the use of the three models described in subsection (a) to
determine which model is the most effective for procurement
through commercial e-commerce portals.
SEC. 892. REPORT AND DATABASE ON ITEMS MANUFACTURED IN THE
UNITED STATES FOR MAJOR DEFENSE ACQUISITION
PROGRAMS.
(a) Sense of Congress.--It is the sense of Congress that
any equipment or products purchased for major defense
acquisition programs (as defined in section 2430 of title 10,
United States Code) should be manufactured in the United
States substantially all from articles, materials, or
supplies mined, produced, or manufactured in the United
States, and that any such equipment or products purchased by
any entity of the Department of Defense should be American-
made, provided that American-made equipment and products are
of a quality similar to that of competitive offers and are
available in a timely manner to meet mission requirements.
(b) In General.--Chapter 144 of title 10, United States
Code, is amended by inserting after section 2436 the
following new section:
``Sec. 2436a. Major defense acquisition programs: report and
database on items manufactured in the United States
``(a) Report.--Beginning not later than one year after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees an
annual report on the percentage of any items procured in
connection with a major defense acquisition program that are
manufactured in the United States substantially all from
articles, materials, or supplies mined, produced, or
manufactured in the United States.
``(b) Database.--The Secretary of Defense shall establish a
database for information related to items described in the
report required under subsection (a) that can be used for
continuous data analysis to inform acquisition decisions
relating to major defense acquisition programs.''.
(c) Clerical Amendment.--The table of section at the
beginning of such chapter is amended by inserting after the
item relating to section 2436 the following new item:
``2436a. Major defense acquisition programs: report and database on
items manufactured in the United States.''.
SEC. 893. REQUIREMENTS RELATING TO SELECTED ACQUISITION
REPORTS.
(a) Inapplicability of Termination of Report Submittal to
Congress.--
(1) In general.--Selected Acquisition Reports required by
section 2432 of title 10, United States Code, shall not
constitute reports covered by subsection (b) of section 1080
of the National Defense Authorization Act for Fiscal Year
2016 (Public Law 114-92; 129 Stat. 1000; 10 U.S.C. 111 note),
and their submittal to Congress as required by such section
2432 shall not be terminated by operation of subsection (a)
of such section 1080.
(2) Conforming amendment.--Effective on December 30, 2021,
section 1051(x) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1567) is
amended by striking paragraph (4).
(b) Form of Selected Acquisition Reports.--Section 2432 of
title 10, United States Code, is amended by adding at the end
the following new subsection:
``(i) A report required under this section shall be
submitted in unclassified form without any designation
relating to dissemination control, but may contain a
classified annex.''.
(c) Report on Alternative Methodology.--The Secretary of
Defense shall include with the budget for fiscal year 2021,
as submitted to Congress pursuant to section 1105(a) of title
31, United States Code, a report proposing an alternative
methodology for providing status reports on major defense
acquisition programs and other acquisition activities,
including programs carried out under section 804 of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 10 U.S.C. 2302 note), where such status
reports shall include information on--
(1) scheduled and completed cybersecurity tests of software
acquired through a program covered by the status report,
including assessments on cooperative vulnerability and
penetration and adversarial assessments;
(2) software development metrics, including initial and
most recent estimates of the projected value, sizing,
schedule, and level of effort for software acquired through a
program covered by the status report; and
(3) quality metrics for software acquired through a program
covered by the status report.
(d) Guidance on Cybersecurity Tests.--With respect to
cybersecurity tests included in the alternative methodology
report described in
[[Page H5415]]
subsection (c)(1), the Secretary of Defense, in coordination
with the Director of Operational Test and Evaluation, shall
develop policies on the selection of cybersecurity tests,
methods to consistently describe the cybersecurity tests, and
methods to associate cybersecurity tests with a component
part of a system or a version of the software tested.
SEC. 894. CONTRACTOR SCIENCE, TECHNOLOGY, ENGINEERING, AND
MATH PROGRAMS.
(a) In General.--Section 862 of National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-181;
125 Stat. 1521; 10 U.S.C. note prec. 2191) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1)--
(A) by striking ``Under Secretary of Defense for
Acquisition, Technology, and Logistics'' and inserting
``Under Secretary of Defense for Research and Engineering'';
and
(B) by striking ``ensure that Department of Defense
contractors'' and inserting ``encourage Department of Defense
contractors to''; and
(2) by amending subsection (b) to read as follows:
``(b) Allowable Cost.--The cost of participating in
activities described in subsection (a) to a Department of
Defense contractor shall be deemed to be an allowable cost
under a contract between the contractor and the Department of
Defense.''.
(b) Implementation.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
issue such rules or guidance necessary to implement the
amendments made by this section.
SEC. 895. EXTENSION OF SUNSET RELATING TO FEDERAL DATA CENTER
CONSOLIDATION INITIATIVE.
Subsection (e) of section 834 of the National Defense
Authorization Act for Fiscal Year 2015 (44 U.S.C. 3601 note)
is amended by striking ``2020'' and inserting ``2022''.
SEC. 896. REQUIREMENTS RELATING TO CERTAIN RAIL ROLLING STOCK
PROCUREMENTS AND OPERATIONS.
(a) Limitation on Certain Rail Rolling Stock
Procurements.--Section 5323 of title 49, United States Code,
is amended by adding at the end the following:
``(u) Limitation on Certain Rail Rolling Stock
Procurements.--
``(1) In general.--Except as provided in paragraph (5),
financial assistance made available under this chapter shall
not be used in awarding a contract or subcontract to an
entity on or after the date of enactment of this subsection
for the procurement of rail rolling stock for use in public
transportation if the manufacturer of the rail rolling
stock--
``(A) is incorporated in or has manufacturing facilities in
the United States; and
``(B) is owned or controlled by, is a subsidiary of, or is
otherwise related legally or financially to a corporation
based in a country that--
``(i) is identified as a nonmarket economy country (as
defined in section 771(18) of the Tariff Act of 1930 (19
U.S.C. 1677(18))) as of the date of enactment of this
subsection;
``(ii) was identified by the United States Trade
Representative in the most recent report required by section
182 of the Trade Act of 1974 (19 U.S.C. 2242) as a priority
foreign country under subsection (a)(2) of that section; and
``(iii) is subject to monitoring by the Trade
Representative under section 306 of the Trade Act of 1974 (19
U.S.C. 2416).
``(2) Exception.--For purposes of paragraph (1), the term
`otherwise related legally or financially' does not include a
minority relationship or investment.
``(3) International agreements.--This subsection shall be
applied in a manner consistent with the obligations of the
United States under international agreements.
``(4) Certification for rail rolling stock.--
``(A) In general.--Except as provided in paragraph (5), as
a condition of financial assistance made available in a
fiscal year under section 5337, a recipient that operates
rail fixed guideway service shall certify in that fiscal year
that the recipient will not award any contract or subcontract
for the procurement of rail rolling stock for use in public
transportation with a rail rolling stock manufacturer
described in paragraph (1).
``(B) Separate certification.--The certification required
under this paragraph shall be in addition to any
certification the Secretary establishes to ensure compliance
with the requirements of paragraph (1).
``(5) Exception.--This subsection, including the
certification requirement under paragraph (4), shall not
apply to the award of a contract or subcontract made by a
public transportation agency with a rail rolling stock
manufacturer described in paragraph (1) if the manufacturer
and the public transportation agency have a contract for rail
rolling stock that was executed before the date of enactment
of this subsection.''.
(b) Cybersecurity Certification for Rail Rolling Stock and
Operations.--Section 5323 of title 49, United States Code, as
amended by subsection (a), is amended by adding at the end
the following:
``(v) Cybersecurity Certification for Rail Rolling Stock
and Operations.--
``(1) Certification.--As a condition of financial
assistance made available under this chapter, a recipient
that operates a rail fixed guideway public transportation
system shall certify that the recipient has established a
process to develop, maintain, and execute a written plan for
identifying and reducing cybersecurity risks.
``(2) Compliance.--For the process required under paragraph
(1), a recipient of assistance under this chapter shall--
``(A) utilize the approach described by the voluntary
standards and best practices developed under section 2(c)(15)
of the National Institute of Standards and Technology Act (15
U.S.C. 272(c)(15)), as applicable;
``(B) identify hardware and software that the recipient
determines should undergo third-party testing and analysis to
mitigate cybersecurity risks, such as hardware or software
for rail rolling stock under proposed procurements; and
``(C) utilize the approach described in any voluntary
standards and best practices for rail fixed guideway public
transportation systems developed under the authority of the
Secretary of Homeland Security, as applicable.
``(3) Limitations on statutory construction.--Nothing in
this subsection shall be construed to interfere with the
authority of--
``(A) the Secretary of Homeland Security to publish or
ensure compliance with requirements or standards concerning
cybersecurity for rail fixed guideway public transportation
systems; or
``(B) the Secretary of Transportation under section 5329 to
address cybersecurity issues as those issues relate to the
safety of rail fixed guideway public transportation
systems.''.
SEC. 897. PROHIBITION ON CONTRACTING WITH PERSONS THAT HAVE
BUSINESS OPERATIONS WITH THE MADURO REGIME.
(a) Prohibition.--Except as provided under subsections (c),
(d), and (e), the Department of Defense may not enter into a
contract for the procurement of goods or services with any
person that has business operations with an authority of the
Government of Venezuela that is not recognized as the
legitimate Government of Venezuela by the United States
Government.
(b) Definitions.--In this section:
(1) Business operations.--The term ``business operations''
means engaging in commerce in any form, including acquiring,
developing, maintaining, owning, selling, possessing,
leasing, or operating equipment, facilities, personnel,
products, services, personal property, real property, or any
other apparatus of business or commerce.
(2) Government of venezuela.--(A) The term ``Government of
Venezuela'' includes the government of any political
subdivision of Venezuela, and any agency or instrumentality
of the Government of Venezuela.
(B) For purposes of subparagraph (A), the term ``agency or
instrumentality of the Government of Venezuela'' means an
agency or instrumentality of a foreign state as defined in
section 1603(b) of title 28, United States Code, with each
reference in such section to ``a foreign state'' deemed to be
a reference to ``Venezuela''.
(3) Person.--The term ``person'' means--
(A) a natural person, corporation, company, business
association, partnership, society, trust, or any other
nongovernmental entity, organization, or group;
(B) any governmental entity or instrumentality of a
government, including a multilateral development institution
(as defined in section 1701(c)(3) of the International
Financial Institutions Act (22 U.S.C. 262r(c)(3))); and
(C) any successor, subunit, parent entity, or subsidiary
of, or any entity under common ownership or control with, any
entity described in subparagraph (A) or (B).
(c) Exceptions.--
(1) In general.--The prohibition under subsection (a) does
not apply to a contract that the Secretary of Defense and the
Secretary of State jointly determine--
(A) is necessary--
(i) for purposes of providing humanitarian assistance to
the people of Venezuela,
(ii) for purposes of providing disaster relief and other
urgent life-saving measures; or
(iii) to carry out noncombatant evacuations; or
(B) is vital to the national security interests of the
United States.
(2) Notification requirement.--The Secretary of Defense
shall notify the congressional defense committees, the
Committee on Foreign Affairs of the House of Representatives,
and the Committee on Foreign Relations of the Senate of any
contract entered into on the basis of an exception provided
for under paragraph (1).
(d) Office of Foreign Assets Control Licenses.--The
prohibition in subsection (a) shall not apply to a person
that has a valid license to operate in Venezuela issued by
the Office of Foreign Assets Control.
(e) American Diplomatic Mission in Venezuela.--The
prohibition in subsection (a) shall not apply to contracts
related to the operation and maintenance of the United States
Government's consular offices and diplomatic posts in
Venezuela.
(f) Applicability.--This section shall apply with respect
to any contract entered into on or after the date of the
enactment of this section.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Office of the Secretary of Defense and Related Matters
SEC. 901. UPDATE OF AUTHORITIES RELATING TO NUCLEAR COMMAND,
CONTROL, AND COMMUNICATIONS.
(a) Duties and Powers of Under Secretary of Defense for
Acquisition and Sustainment.--Section 133b(b) of title 10,
United States Code, is amended--
(1) by redesignating paragraphs (4), (5), (6), and (7) as
paragraphs (5), (6), (7), and (8), respectively;
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) establishing policies for, and providing oversight,
guidance, and coordination for, nuclear command and control
systems;''; and
(3) in paragraph (6), as so redesignated, by inserting
after ``overseeing the modernization of nuclear forces'' the
following: ``, including the nuclear command, control, and
communications system,''.
(b) Chief Information Officer.--Section 142(b)(1) of such
title is amended--
[[Page H5416]]
(1) by striking subparagraph (G); and
(2) by redesignating subparagraphs (H) and (I) as
subparagraphs (G) and (H), respectively.
Subtitle B--Other Department of Defense Organization and Management
Matters
SEC. 911. CODIFICATION OF ASSISTANT SECRETARIES FOR
ENVIRONMENT, INSTALLATIONS, AND ENERGY OF THE
ARMY, NAVY, AND AIR FORCE.
(a) Assistant Secretary of the Army.--Section 7016(b) of
title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(6)(A) One of the Assistant Secretaries shall be the
Assistant Secretary for Installations, Energy, and
Environment.
``(B) The principal duty of the Assistant Secretary for
Installations, Energy, and Environment shall be the overall
supervision of installation, energy, and environment matters
for the Department of the Army.''.
(b) Assistant Secretary of the Navy.--Section 8016(b) of
title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(5)(A) One of the Assistant Secretaries shall be the
Assistant Secretary for Energy, Installations, and
Environment.
``(B) The principal duty of the Assistant Secretary for
Energy, Installations, and Environment shall be the overall
supervision of installation, energy, and environment matters
for the Department of the Navy.''.
(c) Assistant Secretary of the Air Force.--Section 9016(b)
of title 10, United States Code, is amended by adding at the
end the following new paragraph:
``(5)(A) One of the Assistant Secretaries shall be the
Assistant Secretary for Installations, Environment, and
Energy.
``(B) The principal duty of the Assistant Secretary for
Installations, Environment, and Energy shall be the overall
supervision of installation, energy, and environment matters
for the Department of the Air Force.''.
SEC. 912. LIMITATION ON AVAILABILITY OF FUNDS FOR
CONSOLIDATION OF DEFENSE MEDIA ACTIVITY.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2020 for the
Department of Defense may be used to consolidate the Defense
Media Activity until a period of 180 days has elapsed
following the date of the enactment of this Act.
SEC. 913. MODERNIZATION OF CERTAIN FORMS AND SURVEYS.
(a) Study.--The Secretary of Defense shall conduct a study
to identify each form and survey of the Department of
Defense, in use on the date of the enactment of this Act,
that contains a term or classification that the Secretary
determines may be considered racially or ethnically
insensitive.
(b) Reports.--
(1) Interim reports.--On the date that is 90 days after the
date of the enactment of this Act, and on the date that is
180 days after such date of enactment, the Secretary shall
submit to the Committees on Armed Services of the House of
Representatives and the Senate a report on the status of the
study conducted under subsection (a).
(2) Final report.--Not later than one year after the date
of the enactment of this Act, the Secretary shall submit to
the Committees on Armed Services of the House of
Representatives and the Senate a report on the results of the
study conducted under subsection (a) that includes--
(A) a list of each form and survey identified under such
study; and
(B) a plan for modernizing the terms and classifications
contained in such forms and surveys, including legislative
recommendations.
(c) Modernization Required.--Not later than 18 months after
the date of the enactment of this Act, the Secretary shall
carry out the plan included in the report submitted under
subsection (b).
Subtitle C--Space Matters
PART I--UNITED STATES SPACE CORPS
SEC. 921. ESTABLISHMENT OF UNITED STATES SPACE CORPS IN THE
DEPARTMENT OF THE AIR FORCE.
(a) Establishment.--Part I of subtitle D of title 10,
United States Code, is amended by adding at the end the
following new chapter:
``CHAPTER 909--THE SPACE CORPS
``Sec.
``9091. Establishment of the Space Corps.
``9093. Commandant of the Space Corps.
``9095. Officer career field for space.
``Sec. 9091. Establishment of the Space Corps
``(a) Establishment.--There is established a United States
Space Corps as an armed force within the Department of the
Air Force.
``(b) Composition.--(1) The Space Corps shall be composed
of the following:
``(A) The Commandant of the Space Corps.
``(B) The space forces and such assets as may be organic
therein.
``(2)(A) The space forces specified in paragraph (1)(B)
shall include the personnel and assets of the Air Force
transferred to the Space Corps pursuant to the National
Defense Authorization Act for Fiscal Year 2020.
``(B) The space forces specified in paragraph (1)(B) may
not include the personnel or assets of the National
Reconnaissance Office or the National Geospatial-Intelligence
Agency. Nothing in this section shall affect the authorities,
duties, or responsibilities of the Director of the National
Reconnaissance Office and the Director of the National
Geospatial-Intelligence Agency, including with respect to the
authority of each such Director to--
``(i) carry out the research, development, test, and
evaluation and procurement of satellites and user satellite
terminals of the Defense Agency of the Director;
``(ii) operate such terminals; and
``(iii) develop requirements to ensure that the space
programs of the Department of Defense support the mission of
the Director.
``(c) Functions.--The Space Corps shall be organized,
trained, and equipped to provide--
``(1) freedom of operation for the United States in, from,
and to space; and
``(2) prompt and sustained space operations.
``(d) Duties.--It shall be the duty of the Space Corps to--
``(1) protect the interests of the United States in space;
``(2) deter aggression in, from, and to space; and
``(3) conduct space operations.
``(e) Acquisition System.--(1) The Secretary of the Air
Force may establish a separate, alternative acquisition
system for defense space acquisitions, including with respect
to procuring space vehicles, ground segments relating to such
vehicles, and satellite terminals, pursuant to the plan
specified in paragraph (2).
``(2) The Deputy Secretary of Defense shall develop the
plan, and submit such plan to the congressional defense
committees, under section 1601(b) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 2103).
``(3) The alternative acquisition system under paragraph
(1) shall cover defense space acquisitions except with
respect to the National Reconnaissance Office and other
elements of the Department of Defense that are elements of
the intelligence community (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)).
``(f) Personnel Development.--(1) The Secretary may ensure
the quality of the members of the Space Corps pursuant to the
plan specified in paragraph (2) and section 9095 of this
title.
``(2) The Secretary shall develop the plan, and submit such
plan to the congressional defense committees, under section
1601(c) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
2103).
``(3) In carrying out paragraph (1), the Secretary shall
address the following:
``(A) Managing the career progression of members of the
Space Corps and civilian employees of the Space Corps
throughout the military or civilian career of the member or
the employee, as the case may be, including with respect to--
``(i) defining career professional milestones;
``(ii) pay and incentive structures;
``(iii) the management and oversight of the Space Corps;
``(iv) training relating to planning and executing
warfighting missions and operations in space;
``(v) conducting periodic Space Corps-wide professional
assessments to determine how the Space Corps is developing as
a group; and
``(vi) establishing a centralized method to control
personnel assignments and distribution.
``(B) The identification of future space-related career
fields that the Secretary determines appropriate, including a
space acquisition career field.
``(C) The identification of any overlap that exists among
operations and acquisitions career fields to determine
opportunities for cross-functional career opportunities.
``Sec. 9093. Commandant of the Space Corps
``(a) Appointment.--(1) There is a Commandant of the Space
Corps, appointed by the President, by and with the advice and
consent of the Senate, from the general officers of the Air
Force. The Commandant serves at the pleasure of the
President.
``(2) The Commandant shall be appointed for a term of four
years. In time of war or during a national emergency declared
by Congress, the Commandant may be reappointed for a term of
not more than four years.
``(b) Grade.--The Commandant, while so serving, has the
grade of general without vacating the permanent grade of the
officer.
``(c) Relationship to the Secretary of the Air Force.--
Except as otherwise prescribed by law and subject to section
9013(f) of this title, the Commandant performs the duties of
such position under the authority, direction, and control of
the Secretary of the Air Force and is directly responsible to
the Secretary.
``(d) Duties.--Subject to the authority, direction, and
control of the Secretary of the Air Force, the Commandant
shall--
``(1) exercise supervision, consistent with the authority
assigned to commanders of unified or specified combatant
commands under chapter 6 of this title, over such of the
members and organizations of the Space Corps as the Secretary
determines; and
``(2) perform such other military duties, not otherwise
assigned by law, as are assigned to the Commandant by the
President, the Secretary of Defense, or the Secretary of the
Air Force.
``(e) Joint Chiefs of Staff.--(1) The Commandant shall also
perform the duties prescribed for the Commandant as a member
of the Joint Chiefs of Staff under section 151 of this title.
``(2) To the extent that such action does not impair the
independence of the Commandant in the performance of the
duties of the Commandant as a member of the Joint Chiefs of
Staff, the Commandant shall inform the Secretary of the Air
Force regarding military advice rendered by members of the
Joint Chiefs of Staff on matters affecting the Department of
the Air Force.
``(3) Subject to the authority, direction, and control of
the Secretary of Defense, the Commandant shall keep the
Secretary of the Air Force fully informed of significant
military operations affecting the duties and responsibilities
of the Secretary.''.
(d) Conforming Amendments.--
[[Page H5417]]
(1) Joint chiefs of staff.--
(A) Membership.--Section 151(a) of title 10, United States
Code, is amended--
(i) by redesignating paragraph (7) as paragraph (8); and
(ii) by inserting after paragraph (6) the following new
paragraph:
``(7) The Commandant of the Space Corps.''.
(B) Appointment.--Section 152(b)(1)(B) of such title is
amended by striking ``or the Commandant of the Marine Corps''
and inserting ``the Commandant of the Marine Corps, or the
Commandant of the Space Corps''.
(2) Officer careers.--Chapter 907 of such title is amended
as follows:
(A) In section 9084, by striking ``officers in the Air
Force'' and inserting ``officers in the Space Corps''.
(B) By transferring section 9084, as amended by
subparagraph (A), to chapter 909 and redesignating such
section as section 9095.
(C) In the table of sections, by striking the item relating
to section 9084.
(3) Secretary of the air force.--Section 9013 of such title
is amended--
(A) in subsection (f), by inserting ``and Space Corps''
after ``Officers of the Air Force''; and
(B) in subsection (g)(1), by inserting ``and Space Corps''
after ``members of the Air Force''.
(4) Definitions.--Section 101 of such title is amended--
(A) in subsection (a)--
(i) in paragraph (4), by inserting ``Space Corps,'' after
``Marine Corps,''; and
(ii) in paragraph (9)(C), by inserting ``and the Space
Corps'' after ``concerning the Air Force''; and
(B) in subsection (b)--
(i) in paragraph (4), by striking ``or Marine Corps'' and
inserting ``Marine Corps, or Space Corps''; and
(ii) in paragraph (13), by striking ``or Marine Corps'' and
inserting ``Marine Corps, or Space Corps''.
(e) Clerical Amendment.--The table of chapters for part I
of subtitle D of title 10, United States Code, is amended by
adding at the end the following new item:
``909. The Space Corps''.
SEC. 922. TRANSFER OF PERSONNEL, FUNCTIONS, AND ASSETS TO THE
SPACE CORPS.
(a) Transfers.--
(1) Transfer of military personnel.--
(A) In general.--The Secretary of Defense shall, during the
transition period, transfer all covered military personnel to
the Space Corps.
(B) Retention in grade and status.--Covered military
personnel transferred to the Space Corps pursuant to
subparagraph (A) shall retain the grade and date of obtaining
such grade that the individual person had before the date of
the transfer unless otherwise altered or terminated in
accordance with law.
(2) Transfer of functions.--Except as otherwise directed by
the Secretary of Defense, all functions, assets, and
obligations of the space elements of the Air Force (including
all property, records, installations, activities, facilities,
agencies, and projects of such elements) shall be transferred
to the Space Corps.
(b) Conforming Repeal.--
(1) In general.--Chapter 135 of title 10, United States
Code, is amended by striking section 2279c.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by striking the item
relating to section 2279c.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall take effect on the date on which the transition
period terminates, as determined by the Secretary of Defense
in accordance with subsection (c), which date shall be not
later than December 30, 2023.
(c) Notice to Congress.--Not later than 30 days before the
date on which the transition period terminates, the Secretary
of Defense shall submit to the congressional defense
committees a certification that identifies the date on which
transition period will terminate.
(d) Definitions.--In this section:
(1) The term ``covered military personnel'' means
commissioned officers and enlisted members of the space
elements of the Air Force who are assigned to such elements
as of the date on which such officers and members are
transferred under subsection (a)(1).
(2) The term ``transition period'' means a period
prescribed by the Secretary of Defense that--
(A) begins on January 1, 2021; and
(B) ends not later than December 30, 2023.
SEC. 923. REPORTS ON SPACE CORPS.
(a) Report on Structure of Space Corps.--
(1) In general.--The Secretary of Defense shall submit to
the congressional defense committees a report that includes a
detailed plan for the organizational structure of the Space
Corps.
(2) Elements.--The report required under paragraph (1)
shall include--
(A) a detailed description of the structure and
organizational elements required for the Space Corps to
perform its mission;
(B) a detailed description of the organization and staff
required to support the Commandant of the Space Corps;
(C) a detailed explanation of how establishment of the
Space Corps is expected to affect the composition and
function of the space elements of the Armed Forces;
(D) a description of how the Space Corps will be organized,
trained, and equipped;
(E) a description of how the Space Corps will exercise
acquisition authorities;
(F) a description of how the Space Corps will coordinate
with the United States Space Command, the Space Development
Agency, and other space elements of the Armed Forces; and
(G) any other matters determined to be appropriate by the
Secretary.
(b) Report on Military Personnel.--
(1) In general.--The Secretary of Defense shall submit to
the congressional defense committees a report on the military
personnel requirements of the Space Corps.
(2) Elements.--The report required under paragraph (1)
shall include--
(A) a detailed plan setting forth--
(i) the proposed military personnel composition and
structure of the Space Corps; and
(ii) plans for the transfer or reassignment of military
personnel from the space elements of the Armed Forces to the
Space Corps;
(B) the number of officer and enlisted personnel to be
transferred or reassigned to the Space Corps by functional
area;
(C) a detailed description of the billet requirements for
the Space Corps, including the staff organizational and rank
structure; and
(D) the number of additional officer and enlisted billets
that will be required for the Space Corps and a description
of such billets.
(c) Report on Civilian Personnel.--
(1) In general.--The Secretary of Defense shall submit to
the congressional defense committees a report on the civilian
personnel requirements of the Space Corps.
(2) Elements.--The report required under paragraph (1)
shall include--
(A) an assessment of the projected size of the civilian
workforce of the Space Corps in fiscal year 2021 and in each
fiscal year covered by the most recent future-years defense
program submitted to Congress under section 221 of title 10,
United States Code;
(B) a detailed explanation of any projected changes to the
size of the civilian workforce of the Space Corps from year-
to-year; and
(C) a detailed plan for the transfer of civilian personnel
from the space elements of the Armed Forces to the Space
Corps.
(d) Report on Transfer of Functions and Assets.--
(1) In general.--The Secretary of Defense shall submit to
the congressional defense committees a report that includes a
detailed plan for the transfer of the functions, assets, and
obligations of the space elements of the Armed Forces
(including any property, records, installations, activities,
facilities, agencies, and projects of such elements) to the
Space Corps in accordance with section 922.
(2) Elements.--The report required under paragraph (1)
shall include--
(A) a detailed list of the functions and assets to be
transferred;
(B) a justification for each transfer proposed to be made
under subparagraph (A);
(C) the location and value of each item proposed to be
transferred under subparagraph (A); and
(D) the date on which each item is expected to be
transferred.
(e) Report on Funding Requirements.--
(1) In general.--The Secretary of Defense shall submit to
the congressional defense committees a report on the funding
requirements for the Space Corps.
(2) Elements.--The report required under paragraph (1)
shall include a detailed estimate of the funding that will be
required to establish the Space Corps and to conduct the
activities and operations of the Corps, including estimated
expenditures and proposed appropriations for each of fiscal
years 2021 through 2025 as follows:
(A) With respect to procurement accounts--
(i) amounts displayed by account, budget activity, line
number, line item, and line item title; and
(ii) a description of the requirements for each such amount
specific to the Space Corps.
(B) With respect to research, development, test, and
evaluation accounts--
(i) amounts displayed by account, budget activity, line
number, program element, and program element title; and
(ii) a description of the requirements for each such amount
specific to the Space Corps.
(C) With respect to operation and maintenance accounts--
(i) amounts displayed by account title, budget activity
title, line number, and sub-activity group title; and
(ii) a description of how such amounts will specifically be
used.
(D) With respect to military personnel accounts--
(i) amounts displayed by account, budget activity, budget
sub-activity, and budget sub-activity title; and
(ii) a description of the requirements for each such amount
specific to the Space Corps.
(E) With respect to each project under military
construction accounts (including with respect to unspecified
minor military construction and amounts for planning and
design), the country, location, project title, and project
amount by fiscal year.
(F) With respect to any expenditures and proposed
appropriations not included the materials submitted under
subparagraphs (A) through (E), an explanation with a level of
detail equivalent to or greater than the level of detail
provided in the future-years defense program submitted to
Congress under section 221 of title 10, United States Code.
(3) Form of report.--The report required by paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
(f) Deadline for Submittal.--Each of the reports required
under subsections (a) through (e) shall be submitted to the
congressional defense committees not later than February 1,
2020.
SEC. 924. SPACE NATIONAL GUARD.
The Secretary of Defense may not transfer any personnel or
resources from any reserve components, including the National
Guard, to the Space Corps established by section 921 until
the date on which a Space National Guard of the United States
has been established by law.
SEC. 925. EFFECTS ON MILITARY INSTALLATIONS.
Nothing in this part, or the amendments made by this part,
shall be construed to authorize or
[[Page H5418]]
require the relocation of any facility, infrastructure, or
military installation of the Air Force.
PART II--OTHER SPACE MATTERS
SEC. 931. UNITED STATES SPACE COMMAND.
(a) Restoration of General Authority for Establishment of
Unified Command.--
(1) In general.--Section 169 of title 10, United States
Code, is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 6 of title 10, United States Code, is
amended by striking the item relating to section 169.
(b) Conforming Amendment.--Section 2273a(d)(3) of title 10,
United States Code, is amended by striking ``The Commander of
the United States Strategic Command, acting through the
United States Space Command,'' and inserting ``The Commander
of the United States Space Command, or, if no such command
exists, the Commander of the United States Strategic
Command,''.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this division for fiscal year 2019 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$1,000,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military
personnel authorizations under title IV shall not be counted
toward the dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by subsection (a)
to transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Additional Limitation on Transfers for Drug
Interdiction and Counter Drug Activities.--The authority
provided by subsection (a) may not be used to transfer any
amount to Drug Interdiction and Counter Drug Activities,
Defense-wide.
(d) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(e) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).
(f) Certification Requirement.--The authority to transfer
any authorization under this section may not be used until
the Secretary of Defense and the head of each entity affected
by such transfer submits to the congressional defense
committees certification in writing that--
(1) the amount transferred will be used for higher priority
items, based on unforeseen military requirements, than the
items from which authority is transferred; and
(2) the amount transferred will not be used for any item
for which funds have been denied authorization by Congress.
SEC. 1002. ADDITIONAL REQUIREMENTS FOR ANNUAL REPORT AND
BRIEFING ON FINANCIAL IMPROVEMENT AND AUDIT
REMEDIATION PLAN.
Section 240b(b) of title 10, United States Code, is
amended--
(1) in paragraph (1)(B)(iv), by adding at the end the
following new subclause:
``(IV) A current accounting of the defense business systems
of the Department of Defense that will be introduced,
replaced, updated, modified, or retired in connection with
the audit of the full financial statements of the Department,
including a comprehensive roadmap that displays--
``(aa) in-service, retirement, and other pertinent dates
for affected defense business systems;
``(bb) current cost-to-complete estimates for each affected
system; and
``(cc) dependencies both between the various defense
business systems and between the introduction, replacement,
update, modification, and retirement of such systems.'';
(2) in paragraph (2), by adding at the end the following
new sentence: ``Such briefing shall also include a
description of any updates to the defense business systems
roadmap referred to in paragraph (1)(B)(iv)(IV).''; and
(3) by amending paragraph (3) to read as follows:
``(3) Definitions.--In this subsection:
``(A) The term `critical capabilities' means the critical
capabilities described in the Department of Defense report
titled `Financial Improvement and Audit Readiness (FIAR) Plan
Status Report' and dated May 2016.
``(B) The term `defense business system' has the meaning
given such term in section 2222(i)(1)(A) of this title.''.
SEC. 1003. FINANCIAL IMPROVEMENT AND AUDIT REMEDIATION PLAN.
(a) Elements of Annual Report.--Subsection (b)(1)(B) of
section 240b of title 10, United States Code, is amended--
(1) in clause (vii)--
(A) by striking ``or if less than 50 percent of the audit
remediation services''; and
(B) by striking ``and audit remediation activities''; and
(2) in clause (viii), by striking ``or if less than 25
percent of the audit remediation services''.
(b) Semiannual Briefings.--Subsection (b)(2) of such
section is amended by striking ``or audit remediation''.
(c) Audit Remediation Services.--Subsection (b) of such
section is further amended--
(1) in paragraph (1)(B), by adding at the end the following
new clauses:
``(ix) If less than 50 percent of the audit remediation
services under contract, as described in the briefing
required under paragraph (2)(B), are being performed by
individual professionals meeting the qualifications described
in suhsection (c), a detailed description of the risks
associated with the risks of the acquisition strategy of the
Department with respect to conducting audit remediation
activities and an explanation of how the strategy complies
with the policies expressed by Congress.
``(x) If less than 25 percent of the audit remediation
services under contract, as described in the briefing
required under paragraph (2)(B), are being performed by
individual professionals meeting the qualifications described
in subsection (c), a written certification that the staffing
ratio complies with commercial best practices and presents no
increased risk of delay in the Department's ability to
achieve a clean audit opinion.''; and
(2) in paragraph (2)--
(A) by striking ``Not later'' and inserting ``(A) Not
later''; and
(B) by adding at the end the following new subparagraph:
``(B) Not later than January 31 and June 30 each year, the
Under Secretary of Defense (Comptroller) and the comptrollers
of the military departments shall provide a briefing to the
congressional defense committees on the status of the
corrective action plan. Such briefing shall include both the
absolute number and percentage of personnel performing the
amount of audit remediation services being performed by
professionals meeting the qualifications described in
subsection (c).''.
(d) Selection of Audit Remediation Services.--Such section
is further amended by adding at the end the following new
subsection:
``(c) Selection of Audit Remediation Services.--The
selection of audit remediation service providers shall be
based, among other appropriate criteria, on qualifications,
relevant experience, and capacity to develop and implement
corrective action plans to address internal control and
compliance deficiencies identified during a financial
statement or program audit.''.
SEC. 1004. REPORTING REQUIREMENTS RELATING TO DEPARTMENT OF
DEFENSE AUDITS.
(a) Annual Report.--
(1) In general.--Chapter 9A of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 240g. Annual report on auditable financial statements
``(a) In General.--Not later than January 30 of each year,
the Secretary of Defense shall submit to the congressional
defense committees a report ranking each of the military
departments and Defense Agencies in order of how advanced
they are in achieving auditable financial statements as
required by law. In preparing the report, the Secretary shall
seek to exclude information that is otherwise available in
other reports to Congress.
``(b) Bottom Quartile.--Not later than June 30 of each
year, the head of each of the military departments and
Defense Agencies that were ranked in the bottom quartile of
the report submitted under subsection (a) for that year shall
submit to the congressional defense committees a report that
includes the following information for that military
department or Defense Agency:
``(1) A description of the material weaknesses of the
military department or Defense Agency.
``(2) The underlying causes of such weaknesses.
``(3) A plan for remediating such weaknesses.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``240g. Annual report on auditable financial statements.''.
(b) Limitation on Use of Funds.--Of the amounts authorized
to be appropriated or otherwise made available by this Act
for travel of persons for the head of a military department
or Defense Agency described in subsection (b) of section 240g
of title 10, United States Code, as added by subsection (a),
for fiscal year 2020, not more than 80 percent may be
obligated or expended before the submittal of the report
required under that subsection for that military department
or Defense Agency.
(c) Plan for Achieving Unmodified Audit Opinion on
Consolidated Audit.--
(1) Report required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
containing the plan of the Secretary for achieving an
unmodified audit opinion of the Department of Defense-wide
consolidated audit by not later than five years after the
date of the enactment of this Act.
(2) Limitation on use of funds.--Of the amounts authorized
to be appropriated or otherwise made available by this Act
for Operation and Maintenance, Defense-Wide, Office of the
Secretary of Defense, for Travel of Persons for fiscal year
2020, not more than 70 percent may be obligated or expended
before the date on which the Secretary submits the report
required under paragraph (1).
SEC. 1005. ANNUAL BUDGET JUSTIFICATION DISPLAY FOR SERVICE-
COMMON AND OTHER SUPPORT AND ENABLING
CAPABILITIES FOR SPECIAL OPERATIONS FORCES.
(a) In General.--Chapter 9 of title 10, United States Code,
is amended by inserting after section 225 the following new
section:
[[Page H5419]]
``Sec. 226. Special operations forces: display of service-
common and other support and enabling capabilities
``(a) In General.--The Secretary shall include, in the
budget materials submitted to Congress under section 1105 of
title 31 for fiscal year 2021 and any subsequent fiscal year,
a consolidated budget justification display showing service-
common and other support and enabling capabilities for
special operations forces requested by a military service or
Defense Agency. Such budget justification display shall
include any amount for service-common or other capability
development and acquisition, training, operations, pay, base
operations sustainment, and other common services and
support.
``(b) Service-common and Other Support and Enabling
Capabilities.--In this section, the term `service-common and
other support and enabling capabilities' means capabilities
provided in support of special operations that are not
reflected in Major Force Program-11 or designated as special
operations forces-peculiar.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 225 the following new item:
``226. Special operations forces: display of service-common programs
and activities.''.
SEC. 1006. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
SEC. 1007. INDEPENDENT PUBLIC ACCOUNTANT AUDIT OF FINANCIAL
SYSTEMS OF THE DEPARTMENT OF DEFENSE.
The Secretary of Defense shall ensure that each major
implementation of, or modification to, a financial system of
the Department of Defense is reviewed by an independent
public accountant to validate that such financial system will
meet any applicable Federal requirements.
Subtitle B--Counterdrug Activities
SEC. 1011. MODIFICATION OF AUTHORITY TO PROVIDE SUPPORT TO
OTHER AGENCIES FOR COUNTERDRUG ACTIVITIES AND
ACTIVITIES TO COUNTER TRANSNATIONAL ORGANIZED
CRIME.
(a) Types of Support.--Paragraph (7) of subsection (b) of
section 284 of title 10, United States Code, is amended--
(1) by striking ``and fences''; and
(2) by striking ``to block'' and inserting ``along''.
(b) Congressional Notification.--Subsection (h)(1) of such
section is amended--
(1) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively; and
(2) by inserting before subparagraph (B), as so
redesignated, the following new subparagraph (A):
``(A) In case of support for a purpose described in
subsection (b)--
``(i) an identification of the recipient of the support;
``(ii) a description of the support provided;
``(iii) a description of the sources and amounts of funds
used to provide such support;
``(iv) a description of the amount of funds obligated to
provide such support;
``(v) an assessment of the efficacy and cost-effectiveness
of such support in advancing the objectives and strategy of
the department or agency to which the support will be
provided;
``(vi) any document describing a request for assistance
from any other department or agency of the United States and
any response to such a request from another department or
agency of the United States to which support will be
provided; and
``(vii) in the case of any support for a purpose described
under subsection (b)(7), metrics and analysis that establish
that an area is a drug smuggling corridor.''.
SEC. 1012. TECHNICAL CORRECTION AND EXTENSION OF REPORTING
REQUIREMENT REGARDING ENHANCEMENT OF
INFORMATION SHARING AND COORDINATION OF
MILITARY TRAINING BETWEEN DEPARTMENT OF
HOMELAND SECURITY AND DEPARTMENT OF DEFENSE.
Section 1014 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328) is amended--
(1) by striking ``section 371 of title 10, United States
Code'' each place it appears and inserting ``section 271 of
title 10, United States Code''; and
(2) in subsection (d)(3) by striking ``January 31, 2020''
and inserting ``December 31, 2022''.
SEC. 1013. REPEAL OF SECRETARY OF DEFENSE REVIEW OF CURRICULA
AND PROGRAM STRUCTURES OF NATIONAL GUARD
COUNTERDRUG SCHOOLS.
Section 901 of the Office of National Drug Control Policy
Reauthorization Act of 2006 (Public Law 109-469; 32 U.S.C.
112 note) is amended--
(1) by striking subsection (e); and
(2) by redesignating subsections (f) through (h) as
subsections (e) through (g), respectively.
Subtitle C--Naval Vessels and Shipyards
SEC. 1021. TRANSPORTATION BY SEA OF SUPPLIES FOR THE ARMED
FORCES AND DEFENSE AGENCIES.
Section 2631 of title 10, United States Code, is amended--
(1) in the first sentence of subsection (a), by inserting
``or for a Defense Agency'' after ``Marine Corps''; and
(2) in subsection (b)--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(B) by inserting after paragraph (1) the following new
paragraph (2):
``(2) Before entering into a contract for the
transportation by sea of fuel products under this section,
the Secretary shall provide a minimum variance of three days
on the shipment date.''; and
(C) in paragraph (4), as redesignated by subparagraph (A),
by striking ``the requirement described in paragraph (1)''
and insert ``a requirement under paragraph (1) or (2)''.
SEC. 1022. USE OF NATIONAL DEFENSE SEALIFT FUND FOR
PROCUREMENT OF TWO USED VESSELS.
Pursuant to section 2218(f)(3) of title 10, United States
Code, and using amounts authorized to be appropriated for
Operation and Maintenance, Navy, for fiscal year 2020, the
Secretary of the Navy shall seek to enter into a contract for
the procurement of two used vessels.
SEC. 1023. FORMAL SCHOOLHOUSE TRAINING FOR SHIPBOARD SYSTEM
PROGRAMS OF RECORD.
(a) In General.--The Secretary of the Navy shall ensure
that there is a formal schoolhouse available at which
training is provided in any shipboard system that is program
of record on Navy surface vessels.
(b) Timline for Implementation.--
(1) Current programs.--In the case of any shipboard system
program of record that is in use as of the date of the
enactment of this Act for which no formal schoolhouse is
available, the Secretary shall ensure that such a schoolhouse
is available for the provision of training in such program by
not later than 12 months after the date of the enactment of
this Act.
(2) Future programs.--In the case of any shipboard system
program of record that is first used after the date of the
enactment of this Act, the Secretary shall ensure that a
formal schoolhouse is established for the provision of
training in such program by not later than 12 months after
the date on which the shipboard system program of record is
first used.
SEC. 1024. REPORT ON SHIPBUILDER TRAINING AND THE DEFENSE
INDUSTRIAL BASE.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on shipbuilder training and hiring
requirements necessary to achieve the Navy's 30-year
shipbuilding plan and to maintain the shipbuilding readiness
of the defense industrial base. Such report shall include
each of the following:
(1) An analysis and estimate of the time and investment
required for new shipbuilders to gain proficiency in
particular shipbuilding occupational specialties, including
detailed information about the occupational specialty
requirements necessary for construction of naval surface ship
and submarine classes to be included in the Navy's 30-year
shipbuilding plan.
(2) An analysis of the age demographics and occupational
experience level (measured in years of experience) of the
shipbuilding defense industrial workforce.
(3) An analysis of the potential time and investment
challenges associated with developing and retaining
shipbuilding skills in organizations that lack intermediate
levels of shipbuilding experience.
(4) Recommendations concerning how to address shipbuilder
training during periods of demographic transition, including
whether emerging technologies, such as augmented reality, may
aid in new shipbuilder training.
(5) Recommendations concerning how to encourage young
adults to enter the defense shipbuilding industry and to
develop the skills necessary to support the shipbuilding
defense industrial base.
Subtitle D--Counterterrorism
SEC. 1031. EXTENSION OF AUTHORITY FOR JOINT TASK FORCES TO
PROVIDE SUPPORT TO LAW ENFORCEMENT AGENCIES
CONDUCTING COUNTER-TERRORISM ACTIVITIES.
(a) Extension.--Subsection (b) of section 1022 of the
National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136; 10 U.S.C. 271 note) is amended by
striking ``2020'' and inserting ``2022''.
(b) Technical Corrections.--Subsection (e) of such section
is amended--
(1) in paragraph (1), by inserting a period at the end; and
(2) by adding at the end the following paragraph (2):
``(2) For purposes of applying the definition of
transnational organized crime under paragraph (1) to this
section, the term `illegal means', as it appears in such
definition, includes the trafficking of money, human
trafficking, illicit financial flows, illegal trade in
natural resources and wildlife, trade in illegal drugs and
weapons, and other forms of illegal means determined by the
Secretary of Defense.''.
SEC. 1032. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR
RELEASE OF INDIVIDUALS DETAINED AT UNITED
STATES NAVAL STATION, GUANTANAMO BAY, CUBA, TO
CERTAIN COUNTRIES.
No amounts authorized to be appropriated or otherwise made
available for the Department of Defense may be used during
the period beginning on the date of the enactment of this Act
and ending on December 31, 2020, to transfer, release, or
assist in the transfer or release of any individual detained
in the custody or under the control of the Department of
Defense at United States Naval Station, Guantanamo Bay, Cuba,
to the custody or control of any country, or any entity
within such country, as follows:
(1) Libya.
[[Page H5420]]
(2) Somalia.
(3) Syria.
(4) Yemen.
(5) Mexico.
(6) Guatemala.
(7) Honduras.
(8) El Salvador.
(9) Venezuela.
(10) Cuba.
(11) Iran.
(12) Russia.
(13) North Korea.
SEC. 1033. PROHIBITION ON USE OF FUNDS FOR TRANSFER TO AND
DETENTION OF ADDITIONAL INDIVIDUALS, INCLUDING
UNITED STATES CITIZENS, AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.
(a) Prohibition on Use of Funds.--No amounts authorized to
be appropriated or otherwise made available to the Department
of Defense may be used during the period beginning on the
date of the enactment of this Act and ending on December 31,
2020, to--
(1) detain or provide assistance relating to the detention
of any individual, including any United States citizen,
pursuant to the law of war or a proceeding under chapter 47A
of title 10, United States Code, at United States Naval
Station, Guantanamo Bay, Cuba; or
(2) transfer or provide assistance relating to the transfer
of any individual, including any United States citizen, for
the purpose of detaining such individual pursuant to the law
of war or a proceeding under chapter 47A of title 10, United
States Code, at United States Naval Station, Guantanamo Bay,
Cuba.
(b) Exception.--The prohibition in subsection (a) shall not
apply to an individual who is or was detained pursuant to the
law of war or a Military Commissions Act proceeding on or
after May 2, 2018, at United States Naval Station, Guantanamo
Bay, Cuba, by the Department of Defense.
(c) Disposition Plan.--Not later than 60 days after the
date of the enactment of this Act, the Attorney General, in
consultation with the Secretary of Defense, shall submit to
the congressional defense committees a plan identifying a
disposition, other than continued law of war detention at
United States Naval Station, Guantanamo Bay, Cuba, for each
individual detained at United States Naval Station,
Guantanamo Bay, Cuba, as of the date of the enactment of this
Act.
SEC. 1034. SENSE OF CONGRESS REGARDING THE PROVISION OF
MEDICAL CARE TO INDIVIDUALS DETAINED AT UNITED
STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
(a) Findings.--Congress makes the following findings:
(1) The individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, are aging, and such
individuals are increasingly subject to a number of health
conditions exacerbated by age and the circumstances of their
cases.
(2) Expeditionary medical treatment of individuals detained
at United States Naval Station, Guantanamo Bay, Cuba, is
logistically challenging and increasingly costly, especially
treatment related to complex ailments that may become
exacerbated with age.
(3) Medical care at United States Naval Station, Guantanamo
Bay, Cuba, is likely to become an increasing challenge for
the United States Government.
(4) Medical challenges at United States Naval Station,
Guantanamo Bay, Cuba, also cause difficulties affecting the
functions and processes of the military commissions and
periodic review boards.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States has an ongoing obligation to provide
medical care to individuals detained at United States Naval
Station, Guantanamo Bay, Cuba, meeting appropriate standards
of care; and
(2) the Secretary of Defense should take into account the
standards of care provided at other relevant facilities,
including those administered by the Federal Bureau of
Prisons, in determining the policies of the Department of
Defense regarding the provision of medical care to
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba.
SEC. 1035. INDEPENDENT ASSESSMENT ON GENDER AND COUNTERING
VIOLENT EXTREMISM.
(a) In General.--The Secretary of Defense shall seek to
enter into a contract with a nonprofit entity or a federally
funded research and development center independent of the
Department of Defense to conduct research and analysis on the
intersection of gender and violent extremism and terrorism.
(b) Elements.--The research and analysis conducted under
subsection (a) shall include research and analysis of the
following:
(1) The root and proximate causes of women's participation
in terrorist and violent extremist organizations.
(2) Ways for the Department of Defense to engage women and
girls who are vulnerable to extremist and terrorist behavior.
(3) Ways women and girls can assist the Armed Forces and
partner military organizations in identifying individuals of
concern.
(4) The intersection of violent extremism and terrorism and
the following:
(A) Gender-based violence.
(B) Women's empowerment at the household level, such as
property and inheritance rights, bride-price and dowry, and
the level of societal sanction for the killing or harming of
women.
(C) Adolescent girls' empowerment, such as the level of
early, child, and forced marriage, and of girls' access to
secondary education.
(5) Best practices for the Armed Forces to support women
preventing and countering violent extremism and terrorism.
(6) Any other matters the Secretary of Defense determines
to be appropriate.
(c) Utilization.--The Secretary of Defense shall utilize
the results of the research conducted under subsection (a) to
inform each geographic combatant command's strategy report
and individual country strategy reports, where appropriate.
(d) Reports.--
(1) Report to secretary.--Not later than one year after the
date of the enactment of this Act, the nonprofit entity or
federally funded research and development center with which
the Secretary of Defense enters into contract under
subsection (a) shall submit to the Secretary of Defense a
report that contains the assessment required by subsection
(a).
(2) Report to congress.--Not later than two years after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
on the results of research conducted under subsection (a).
Subtitle E--Miscellaneous Authorities and Limitations
SEC. 1041. SCHEDULING OF DEPARTMENT OF DEFENSE EXECUTIVE
AIRCRAFT CONTROLLED BY SECRETARIES OF MILITARY
DEPARTMENTS.
(a) In General.--Chapter 2 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 120. Department of Defense executive aircraft
controlled by Secretaries of military departments
``(a) In General.--The Secretary of Defense shall ensure
that the Chief of the Air Force Special Air Mission Office is
given the responsibility for scheduling all Department of
Defense executive aircraft controlled by the Secretaries of
the military departments.
``(b) Responsibilities.--(1) The Secretary of each of the
military departments shall ensure that there is
representation from each of the armed forces within the Air
Force Special Air Mission Office to provide for daily
management and scheduling of the aircraft controlled by that
military department.
``(2) The Secretary of Defense shall be responsible for
resolving conflicts and arbitrating the allocation of
aircraft based on demand and priority.
``(c) Limitations.--(1) The Secretary of Defense may not
establish a new command and control organization to support
aircraft controlled by the Secretary of a military
department.
``(2) No aircraft controlled by the Secretary of a military
department may be permanently stationed at any location
without required users.
``(d) Definitions.--In this section:
``(1) The term `required use traveler' has the meaning
given such term in Department of Defense directive 4500.56,
as in effect on the date of the enactment of this section.
``(2) The term `executive aircraft' has the meaning given
such term in Department of Defense directive 4500.43, as in
effect on the date of the enactment of this section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``120. Department of Defense executive aircraft controlled by
Secretaries of military departments.''.
SEC. 1042. EXPLOSIVE ORDNANCE DEFENSE DISPOSAL PROGRAM.
(a) Roles, Responsibilities, and Authorities.--Subsection
(b) of section 2284 of title 10, United States Code, is
amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by inserting ``and'' after the
semicolon;
(B) in subparagraph (C),
(i) by striking ``joint program executive officer who'' and
inserting ``training and technology program that'';
(ii) by inserting ``, provides common individual
training,'' after ``explosive ordnance disposal'';
(iii) by striking ``and procurement'';
(iv) by inserting ``for common tools'' after
``activities'';
(v) by striking ``and combatant commands''; and
(vi) by inserting ``and'' after the semicolon; and
(C) by striking subparagraphs (D) and (E);
(2) in paragraph (2), by striking ``such as weapon systems,
manned and unmanned vehicles and platforms, cyber and
communication equipment, and the integration of explosive
ordnance disposal sets, kits and outfits and explosive
ordnance disposal tools, equipment, sets, kits, and outfits
developed by the department.'' and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) the Secretary of the Army shall designate an Army
explosive ordnance disposal-qualified general officer to
serve as the co-chair of the Department of Defense explosive
ordnance disposal defense program.''.
(b) Definitions.--Such section is further amended by adding
at the end the following new subsection:
``(d) Definitions.--In this section:
``(1) The term `explosive ordnance' has the meaning given
such term in section 283(d) of this title.
``(2) The term `explosive ordnance disposal' means the
detection, identification, on-site evaluation, rendering
safe, exploitation, recovery, and final disposal of explosive
ordnance.''.
SEC. 1043. NOTIFICATION ON THE PROVISION OF DEFENSE SENSITIVE
SUPPORT.
Section 1055(b) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 113 note)
is amended--
(1) in paragraph (2)--
[[Page H5421]]
(A) by redesignating subparagraph (C) as subparagraph (E);
and
(B) by inserting after subparagraph (B) the following new
subparagraphs:
``(C) A description of the required duration of the
support.
``(D) A description of the initial costs for the
support.''; and
(2) by adding at the end the following new paragraph:
``(5) Sustainment costs.--If the Secretary determines that
sustainment costs will be incurred as a result of the
provision of defense sensitive support, the Secretary, not
later than 72 hours after the initial provision of such
support, shall certify to the congressional defense
committees (and the congressional intelligence committees
with respect to matters relating to members of the
intelligence community) that such sustainment costs will not
interfere with the ability of the Department to execute
operations, accomplish mission objectives, and maintain
readiness.''.
SEC. 1044. MODIFICATION AND TECHNICAL CORRECTION OF AUTHORITY
FOR DEPLOYMENT OF MEMBERS OF THE ARMED FORCES
TO THE SOUTHERN LAND BORDER OF THE UNITED
STATES.
(a) Authority.--Subsection (a) of section 1059 of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 986; 10 U.S.C. 271 note prec.)
is amended to read as follows:
``(a) Authority.--
``(1) In general.--The Secretary of Defense may provide
assistance to United States Customs and Border Protection for
purposes of increasing ongoing efforts to secure the southern
land border of the United States in accordance with the
requirements of this section.
``(2) Certification requirement.--If the Secretary of
Defense provides assistance under paragraph (1), not later
than 30 days before the provision of such assistance, the
Secretary shall submit to the Committees on Armed Services of
the Senate and House of Representatives certification, in
writing, that--
``(A) the provision of the assistance will not negatively
affect military training, operations, readiness, or other
military requirement, including the readiness of the National
Guard and reserve components; and
``(B) the tasks associated with the support provided align
with the mission or occupational specialty of any members of
the Armed Forces or units of the Armed Forces that are
deployed; and
``(C) any task associated with the support is inherently
governmental and cannot be performed by a contractor.
``(3) Notification requirement.--Not later than 30 days
before the deployment of any member of the Armed Forces or
unit of the Armed Forces to the southern land border of the
United States in support United States Customs and Border
Protection pursuant to this section or any other provision of
law, the Secretary of Defense shall provide to the Committees
on Armed Forces of the Senate and House of Representatives
notice of such deployment.''.
(b) Support.--Subsection (e) of such section is amended--
(1) by striking ``Of the amounts authorized to be
appropriated for the Department of Defense by this Act, the''
and inserting ``The'';
(2) by striking ``use up to $75,000,000 to''; and
(3) by inserting ``on a reimbursable basis'' after
``subsection (a)''.
(c) Reporting Requirements.--Subsection (f) of such section
is amended to read as follows:
``(f) Reports.--
``(1) Report required.--Not later than 30 days after the
date on which any member of the Armed Forces is deployed
along the southern land border of the United States at the
request of the Secretary of Homeland Security, and every 90
days thereafter until no members are so deployed, the
Secretary of Defense shall submit to the Committee on Armed
Services and the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Armed
Services and the Committee on Homeland Security of the House
of Representatives a report that includes, for both the
period covered by the report and the total period of the
deployment, each of the following:
``(A) An identification of each unit of the Armed Forces so
deployed, including for each such unit--
``(i) the duty station or location to which the unit is
assigned;
``(ii) the unit designation;
``(iii) the size of the unit; and
``(iv) whether any personnel in the unit deployed under
section 12302 of title 10, United States Code.
``(B) An identification of any training exercises that were
planned prior to such deployment that included deployed units
and were planned to be executed after the date of the
deployment.
``(C) For each unit so deployed, the readiness rating of
the unit before deployment and 15 days after the last day of
such deployment.
``(D) The projected length of the deployment and any
special pay and incentives for which deployed personnel may
qualify during the deployment.
``(E) A description of any specific pre-deployment training
provided to any individual or unit before being so deployed,
including the location and duration of any such training.
``(F) A description of the rules and additional guidance
applicable to the deployment, including--
``(i) any special instructions provided to units so
deployed prior to deployment;
``(ii) the standing rules for the use of force for deployed
personnel; and
``(iii) whether personnel carry assigned weapons and are
issued ammunition.
``(G) A description of the life support conditions,
including living quarters and food ration cycles, associated
with such deployment and associated costs.
``(H) A map indicating the locations where units so
deployed are housed.
``(I) A map indicating the locations where units so
deployed are conducting their assigned mission and an
explanation for the choice of such locations.
``(J) A description of the specific missions and tasks, by
location, that are assigned to the members of the Armed
Forces who are so deployed.
``(K) The total amount of funds obligated or expended to
provide support along the southern border of the United
States, including costs associated with personnel (set forth
separately from any special pay and allowances),
transportation, operations, and any materials used in support
of any such deployment or support provided.
``(L) An assessment of the ongoing efficacy and cost-
effectiveness of the provision of such assistance, including
a comparison to the execution by United States Customs and
Border Protection, the strategy and recommendations of the
Secretary to address the challenges on the southern border of
the United States and to enhance the effectiveness of such
assistance, and a plan to transition the functions performed
by the members of the Armed Forces pursuant to such
assistance.
``(M) The justification of United States Customs and Border
Protection determining each location where the Department of
Defense provides support under this section and any actions
taken by the Department of Homeland Security to complete the
mission or tasks before requesting support from the
Department of Defense and determining when support from the
Department of Defense is needed, including--
``(i) copies of any relevant documents that describe the
factors taken into consideration in requesting support from
the Department of Defense;
``(ii) the analysis that informs the placement of members
of the Armed Forces along the southern land border of the
United States; and
``(iii) any memorandum, including requests for assistance
and responses to such requests, shared between the Department
of Homeland Security and the Department of Defense regarding
the need for the deployment of members of the Armed Forces
along the southern land border of the United States.
``(2) Form of report.--Each report submitted under this
subsection shall be submitted in unclassified form and
without any designation relating to dissemination control,
but may include a classified annex.''.
(d) Termination of Authority.--Such section is further
amended by adding at the end the following new subsection:
``(g) Termination.--The authority under this section shall
terminate on September 30, 2023.''.
(e) Classification.--The Law Revision Counsel is directed
to place this section in a note following section 284 of
title 10, United States Code.
SEC. 1045. LIMITATION ON USE OF FUNDS FOR THE INACTIVATION OF
ARMY WATERCRAFT UNITS.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2020 may be
obligated or expended for the inactivation of any Army
watercraft unit until the Secretary of Defense submits to
Congress certification that--
(1) the Secretary has completed the Army Watercraft
Requirements Review;
(2) the Secretary has entered into a contract with a
federally funded research and development corporation for the
review of the ability of the Army to meet the watercraft
requirements of the combatant commanders; and
(3) the federally funded research and development
corporation has completed such review and validated the
findings of such review.
SEC. 1046. PROHIBITION ON USE OF FUNDS FOR CONSTRUCTION OF A
WALL, FENCE, OR OTHER PHYSICAL BARRIER ALONG
THE SOUTHERN BORDER OF THE UNITED STATES.
(a) Prohibition.--National defense funds may not be
obligated, expended, or otherwise used to design or carry out
a project to construct, replace, or modify a wall, fence, or
other physical barrier along the international border between
the United States and Mexico.
(b) National Defense Funds Defined.--In this section, the
term ``national defense funds'' means--
(1) amounts authorized to be appropriated for any purpose
in this division or authorized to be appropriated in division
A of any National Defense Authorization Act for any of fiscal
years 2015 through 2019, including any amounts of such an
authorization made available to the Department of Defense and
transferred to another authorization by the Secretary of
Defense pursuant to transfer authority available to the
Secretary; and
(2) funds appropriated in any Act pursuant to an
authorization of appropriations described in paragraph (1).
SEC. 1047. EXPENDITURE OF FUNDS FOR DEPARTMENT OF DEFENSE
INTELLIGENCE AND COUNTERINTELLIGENCE
ACTIVITIES.
(a) In General.--Subject to subsections (b) and (c), the
Secretary of Defense may expend amounts made available for
the Military Intelligence Program for any of fiscal years
2020 through 2025 for intelligence and counterintelligence
activities for any purpose the Secretary determines to be
proper with regard to intelligence and counterintelligence
objects of a confidential, extraordinary, or emergency
nature. Such a determination is final and conclusive upon the
accounting officers of the United States.
(b) Limitation on Amount.--The Secretary of Defense may not
expend more than five percent
[[Page H5422]]
of the amounts described in subsection (a) for any fiscal
year for objects described in that subsection unless--
(1) the Secretary notifies the congressional defense
committees and the congressional intelligence committees of
the intent to expend the amounts and purpose of the
expenditure; and
(2) 30 days have elapsed from the date on which the
Secretary provides the notice described in paragraph (1).
(c) Certification.--For each expenditure of funds under
this section, the Secretary shall certify that such
expenditure was made for an object of a confidential,
extraordinary, or emergency nature.
(d) Report.--Not later than December 31 of each of 2020
through 2025, the Secretary of Defense shall submit to the
congressional defense committees and the congressional
intelligence committees a report on expenditures made under
this section during the fiscal year preceding the year in
which the report is submitted. Each such report shall
include, for each expenditure under this section during the
fiscal year covered by the report, a description, the
purpose, the program element, and the certification required
under section (c).
(e) Limitation on Delegations.--The Secretary of Defense
may not delegate the authority under this section with
respect to any expenditure in excess of $75,000.
(f) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees''
means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 1048. LIMITATION ON USE OF FUNDS TO HOUSE CHILDREN
SEPARATED FROM PARENTS.
(a) In General.--None of the amounts authorized to be
appropriated by this Act or otherwise made available to the
Department of Defense for fiscal year 2020 may be used to
house a child separated from a parent.
(b) Child Separated From a Parent.--
(1) In general.--For purposes of this section, a child
shall not be considered to be separated from a parent if the
separation is conducted by an agent or officer of Customs and
Border Protection at or near a port of entry or within 100
miles of a border of the United States, and one of the
following has occurred:
(A) A State court, authorized under State law, terminates
the rights of the parent or legal guardian, determines that
it is in the best interests of the child to be removed from
the parent or legal guardian, in accordance with the Adoption
and Safe Families Act of 1997 (Public Law 105-89), or makes
any similar determination that is legally authorized under
State law.
(B) An official from the State or county child welfare
agency with expertise in child trauma and development makes a
best interests determination that it is in the best interests
of the child to be removed from the parent or legal guardian
because the child is in danger of abuse or neglect at the
hands of the parent or legal guardian, or is a danger to
herself or others.
(C) The separation is authorized based on--
(i) the finding of a chief patrol agent or the area port
director in an official and undelegated capacity that--
(I) the child is a victim of trafficking or is at
significant risk of becoming a victim of trafficking;
(II) there is a strong likelihood that the adult is not the
parent or legal guardian of the child; or
(III) the child is in danger of abuse or neglect at the
hands of the parent or legal guardian, or is a danger to
themselves or others; and
(ii) the review and reauthorization of the separation by an
independent child welfare expert licensed by the State or
county in which the child was separated by not later than 48
hours after the initial decision by the Chief Patrol Agent or
the Area Port Director.
(2) Effect of failure to reauthorize.-- In the case of a
separation referred to in paragraph (1)(C)(ii), if the child
welfare expert does not reauthorize such separation, the
child shall be considered separated from a parent for
purposes of this subsection.
SEC. 1049. LIMITATION ON USE OF FUNDS FOR PROVIDING HOUSING
FOR UNACCOMPANIED ALIEN CHILDREN.
(a) Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for the
Department of Defense may be used to provide assistance to
the Department of Health and Human Services for the purpose
of providing housing for unaccompanied alien children unless
the Secretary of Defense submits to Congress certification
that--
(1) the proposed site for the housing meets the standards
of the Department of Health and Human Services, including
those provided under the Flores settlement agreement;
(2) identifies any known or potential environmental hazards
at or near the proposed site;
(3) describes the actions taken or to be taken to mitigate
any such hazard; and
(4) identifies any waivers or exceptions to standards of
the Department of Health and Human Services, including the
Flores settlement agreement, that have been requested or
granted with regard to the site.
(b) Definitions.--In this section:
(1) The term ``unaccompanied alien children'' has the
meaning given such term in section 462 of the Homeland
Security Act of 2002 (6 U.S.C. 279)).
(2) The term ``Flores settlement agreement'' means the
stipulated settlement agreement filed on January 17, 1997, in
the United States District Court for the Central District of
California in Flores v. Reno, CV 85-4544-RJK.
Subtitle F--National Defense Strategy Implementation
SEC. 1051. SHORT TITLE.
This subtitle may be cited as the ``National Defense
Strategy Implementation Act''.
SEC. 1052. REPORT ON OPERATIONAL CONCEPTS AND PLANS REGARDING
STRATEGIC COMPETITORS.
Not later than February 1, 2020, and then biannually
thereafter, the Secretary of Defense shall submit to the
congressional defense committees a report on the Department
of Defense's operational concepts and plans regarding
strategic competitors, including on strategically significant
matters identified in the National Defense Strategy, that
also addresses each of the following:
(1) Ways of employing the force in peace time to
effectively deter strategic competitors below the threshold
of war while ensuring readiness for potential conflict.
(2) Ways of adapting innovative, operational concepts
needed for strategically significant and plausible scenarios
related to strategic competitors.
(3) Ways of addressing operational challenges related to
achieving the strategic advantage against strategic
competitors related to nuclear, space, cyber, conventional,
and unconventional means in warfighting doctrine.
(4) The technologies, force developments, posture and
capabilities, readiness, infrastructure, organization,
personnel, and other elements of the defense program
necessary to enable these operational concepts and its
implementation listed in paragraphs (1) through (3).
(5) The ability of the National Security Innovation Base to
support the operational concepts listed in paragraphs (1)
through (3).
(6) The resources and defense investments necessary to
support the operational concepts and its implementation,
including budget recommendations.
(7) The risks associated with the operational concepts,
including the relationship and tradeoffs between missions,
risks, and resources.
(8) Measures and metrics to track the effectiveness of the
operational concepts and plans.
SEC. 1053. ACTIONS TO INCREASE ANALYTIC SUPPORT.
(a) In General.--The Secretary of Defense shall direct the
Under Secretary of Defense for Policy, the Director of the
Joint Staff, and the Director of Cost Assessment and Program
Evaluation, in consultation with the head of each military
service, to jointly develop and implement a plan to
strengthen the analytic capabilities, expertise, and
processes necessary to meet the National Defense Strategy.
(b) Elements.--The plan under subsection (a) shall
include--
(1) an assessment of the decision support capability of the
Department of Defense, specifically the analytic expertise
the Department is using to link National Defense Strategy
objectives to innovative approaches for meeting future
challenges, including winning in conflict and competing
effectively against strategic competitors;
(2) an approach for comparing competing analyses and
conducting joint analyses for force structure to support
senior leaders in implementing the National Defense Strategy;
(3) a determination of the analytic products and support
required to implement the National Defense Strategy,
including the ability to update these products to reflect
current strategy and future threats; and
(4) such other matters as the Secretary of Defense
determines to be appropriate.
(c) Briefing Required.--Not later than March 1, 2020, the
Secretary of Defense shall provide to the congressional
defense committees a briefing on the plan under subsection
(a).
SEC. 1054. DEFINITIONS.
In this subtitle:
(1) The term ``operational challenges'' means the principal
operational challenges to meeting the defense objectives
described in the most recent National Defense Strategy, as
such challenges are defined by the Secretary of Defense in
guidance issued to the Department of Defense. The guidance
issued by the Secretary of under the preceding sentence
shall--
(A) specifically identify operational challenges to the
Department's principal strategic priorities of competing
effectively with strategic competitors; and
(B) be made available in unclassified and publicly
accessible form.
(2) The term ``strategic competitors'' means a country
labeled as a strategic competitor in the ``Summary of the
2018 National Defense Strategy of the United States of
America: Sharpening the American Military's Competitive
Edge'' issued by the Department of Defense pursuant to
section 113 of title 10, United States Code.
Subtitle G--Studies and Reports
SEC. 1061. REPORT ON TRANSFERS OF EQUIPMENT TO PROHIBITED
ENTITIES.
(a) Annual Report to Congress.--
(1) In general.--Subchapter VIII of chapter 16 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 387. Annual report on transfers of equipment to
prohibited entities
``(a) Report Required.--Not later than March 1, 2021, and
each subsequent year, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
appropriate committees of Congress a report on the transfer
of defense articles during the year preceding the year during
which the report is submitted to--
``(1) any unit committing a gross violation of human
rights; or
``(2) any group or organization prohibited from receiving
assistance from the United States.
``(b) Matters to Be Included.--Each report required by
subsection (a) shall include the following for the year
covered by the report:
``(1) A description of any confirmed instance in which the
government of a foreign state that has received defense
articles pursuant to a Department of Defense assistance
authority has
[[Page H5423]]
subsequently transferred the equipment to a unit of that
foreign state that is prohibited from receiving assistance
from the United States by reason of a determination by the
Secretary of State that there is credible evidence that such
unit has committed a gross violation of human rights.
``(2) A description of any instance, confirmed or under
investigation, in which the government of a foreign state
that has received defense articles pursuant to a Department
of Defense assistance authority has subsequently transferred
the equipment to a group or organization that is prohibited
from receiving assistance from the United States.
``(c) Appropriate Committees of Congress Defined.--In this
section, the term `appropriate committees of Congress'
means--
``(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
``(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 386 the following new item:
``387. Annual report on transfers of equipment to prohibited
entities.''.
(b) Report to Congress.--
(1) Report required.--Not later than March 1, 2020, the
Secretary of Defense shall submit to the appropriate
committees of Congress (as such term is defined in section
387 of title 10, United States Code, as added by subsection
(a)), a report on the transfer of defense articles during the
period beginning on January 1, 2015, and ending on the date
of the enactment of this Act to--
(A) any unit committing a gross violation of human rights;
or
(B) any group or organization prohibited from receiving
assistance from the United States.
(2) Matters for inclusion.--Such report shall include, for
such period, each of the following:
(A) A description of any confirmed instance in which the
government of a foreign state that has received defense
articles pursuant to a Department of Defense assistance
authority has subsequently transferred the equipment to a
unit of that foreign state that is prohibited from receiving
assistance from the United States by reason of a
determination by the Secretary of State that there is
credible evidence that such unit has committed a gross
violation of human rights.
(B) A description of any instance, confirmed or under
investigation, in which the government of a foreign state
that has received defense articles pursuant to a Department
of Defense assistance authority has subsequently transferred
the equipment to a group or organization that is prohibited
from receiving assistance from the United States.
SEC. 1062. ELIMINATION OF REQUIREMENT TO SUBMIT REPORTS TO
CONGRESS IN PAPER FORMAT.
Section 480 of title 10, United States Code, is amended--
(1) in subsection (a), by striking ``a copy of'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection:
``(c) Elimination of Paper Submission Requirement.--
Whenever the Secretary (or other official) provides a report
to Congress (or any committee of either House of Congress) in
an electronic medium under subsection (a), the Secretary (or
other official) shall not be required to submit an additional
copy of the report in a paper format.''.
SEC. 1063. MODIFICATION OF ANNUAL REPORT ON CIVILIAN
CASUALTIES IN CONNECTION WITH UNITED STATES
MILITARY OPERATIONS.
(a) Additional Element for Report.--Subsection (b) of
section 1057 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1572), as
amended by section 1062 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232), is amended--
(1) by redesignating paragraphs (5) and (6) as paragraphs
(8) and (9), respectively; and
(2) by inserting after paragraph (4) the following new
paragraphs:
``(5) A description of any allegations of civilian
casualties made by public or non-governmental sources
investigated by the Department of Defense.
``(6) An evaluation of the general reasons for any
discrepancies between the assessments of the United States
and reporting from nongovernmental organizations regarding
non-combatant deaths resulting from strikes and operations
undertaken by the United States.
``(7) The definitions of `combatant' and `non-combatant'
used in the preparation of the report.''.
(b) Definition of Non-combatant.--Such section is further
amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Definition of Non-combatant.--For purposes of the
preparation of a report under this section, the Secretary of
Defense shall define the term `non-combatant'. Such
definition shall--
``(1) be consistent with the laws of war; and
``(2) provide that a male of military age shall not be
determined to be a combatant solely on the basis of proximity
to a strike or nonstrike kinetic operation, or the intended
target of such an operation.''.
(c) Extension.--Subsection (f) of such section, as so
redesignated, is amended by striking ``five years'' and
inserting ``ten years''.
(d) Classification.--The Law Revision Counsel is directed
to place this section in a note following section 113 of
title 10, United States Code.
SEC. 1064. INCLUSION OF CERTAIN INDIVIDUALS INVESTIGATED BY
INSPECTORS GENERAL IN THE SEMIANNUAL REPORT.
Section 5(a) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended--
(1) in paragraph (21), by striking ``; and'' at the end and
inserting a semicolon;
(2) in paragraph (22), by striking the period at the end
and inserting ``; and''; and
(3) by inserting after paragraph (22) the following new
paragraph:
``(23) the name of each individual who is the subject of an
investigation if the individual was an officer in the grade
of O-7 and above, including officers who have been selected
for promotion to O-7, or a civilian member of the Senior
Executive Service.''.
SEC. 1065. ANNUAL REPORT ON JOINT MILITARY INFORMATION
SUPPORT OPERATIONS WEB OPERATIONS CENTER.
(a) In General.--Not later than March 1 of 2020, and each
subsequent year until the termination date specified in
subsection (c), the Commander of United States Special
Operations Command shall submit to the congressional defense
committees a report on the activities of the Joint Military
Information Support Operations Web Operations Center
(hereinafter referred to as the ``JMWC'') during the most
recently concluded fiscal year.
(b) Contents of Report.--The report required by subsection
(a) shall include each of the following, for the fiscal year
covered by the report:
(1) Definitions of initial operating capability and full
operational capability as such terms relate to the JMWC.
(2) A detailed description of all activities conducted
toward achieving initial operating capability and full
operational capability of the JMWC.
(3) A list of all associated funding requested for each
program element for achieving initial operating capability
and full operational capability.
(4) A detailed description of validated doctrine,
organization, training, materiel, leadership and education,
personnel, facilities, and policy requirements relating to
establishment of the JMWC.
(5) A description of current JMWC capabilities, including
information technology infrastructure and contractual
arrangements.
(6) A list of all physical locations hosting JMWC
capabilities.
(7) The number of military, contractor, and civilian
personnel associated with the JMWC and any affiliated agency,
service, or other Department of Defense entity.
(8) A description of the JMWC personnel organizational
structure.
(9) An identification of inherently governmental functions
relating to administration of the JMWC and execution of
Military Information Support Operations (hereinafter referred
to as ``MISO )'' programs hosted by the JMWC.
(10) A detailed description of frameworks, metrics, and
capabilities established to measure the effectiveness of MISO
programs hosted by the JMWC.
(11) A list of all associated funding requested by program
element from each of the geographic combatant commanders for
MISO programs hosted by the JMWC and a description of such
MISO activities.
(12) An assessment of the effectiveness of MISO programs
hosted by the JMWC.
(13) A description of efforts and activities conducted to
share best practices and leverage lessons learned across the
Department of Defense relating to MISO programs hosted by the
JMWC, as well as a description of such best practices and
lessons learned.
(14) An identification of liaisons and detailees to the
JMWC from agencies and elements of the Department of Defense.
(15) Activities and efforts conducted to synchronize and
deconflict MISO programs within the Department of Defense and
with interagency and international partners related to
strategic communications, as appropriate.
(16) Such other information as the Commander determines
appropriate.
(c) Termination.--The requirement to submit a report under
this section shall terminate on January 1, 2025.
SEC. 1066. MOBILITY CAPABILITY REQUIREMENTS STUDY.
(a) In General.--The Commander of the United States
Transportation Command, in coordination with the Chairman of
the Joint Chiefs of Staff and the Secretaries of the military
departments, shall conduct a study of the end-to-end, full-
spectrum mobility requirements to fulfill the national
defense strategy required by section 113(g) of title 10,
United States Code, for 2018. Such study shall be completed
not later than January 1, 2021.
(b) Elements of Study.--The study required under subsection
(a) shall include each of the following:
(1) An assessment of the ability of the programmed airlift
aircraft, tanker aircraft, sealift ships, and key mobility
enablers to meet the integrated mobility requirements in
expected strategic environments, as defined by the guidance
in such national defense strategy.
(2) An identification, quantification, and description of
the associated risk-to-mission (as defined by Chairman of the
Joint Chiefs of Staff Manual 3105.01, Joint Risk Analysis)
required to fulfill such strategy, including--
(A) as assessment of risk-to-mission associated with
achieving strategic and operational objectives using the
programmed airlift aircraft, tanker aircraft, sealift ships,
and key mobility enablers; and
(B) a description of the combinations of airlift aircraft,
tanker aircraft, sealift ships, and key mobility enabler
requirements and capabilities that provide low, moderate,
significant, and
[[Page H5424]]
high levels of risk-to-mission to fulfill such strategy.
(3) An identification of any mobility capability gaps,
shortfalls, overlaps, or excesses, including--
(A) an assessment of associated risks with respect to the
ability to conduct operations; and
(B) recommended mitigation strategies where possible.
(4) The articulation of all key assumptions and decisions
made and excursions examined in conducting the study with
respect to--
(A) risk;
(B) programmed forces and infrastructure;
(C) the availability of commercial airlift and sealift
capabilities and resources, when applicable;
(D) aircraft usage rates, aircraft mission availability
rates, aircraft mission capability rates, aircrew ratios,
aircrew production, and aircrew readiness rates;
(E) readiness, crewing, and activation rates for sealift
ships;
(F) prepositioning, forward stationing, seabasing,
engineering, and infrastructure;
(G) demand signals used to represent missions described in
the national defense strategy for 2018, in competition and
wartime;
(H) concurrency and global integration of demand signals;
(I) integrated global presence and basing strategy;
(J) host nation or third-country support;
(K) adversary actions to degrade and disrupt United States
mobility operations;
(L) aircraft being used for training or undergoing depot
maintenance or modernization or ships undergoing depot
maintenance;
(M) mobility enabling forces availability, readiness, and
use;
(N) 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;
(O) anticipated attrition rates for the assessed force
structure; and
(P) such other matters as the Commander determines
appropriate.
(5) Such other elements as the Commander determines
appropriate.
(c) Reports and Briefings.--
(1) Interim report and briefing.--Not later than June 1,
2020, the Commander of the United States Transportation
Command, in coordination with the Chairman of the Joint
Chiefs of Staff and the Secretaries of the military
departments, shall--
(A) submit to the Committee on Armed Services of the House
of Representatives an interim report on the study; and
(B) provide to such Committee a briefing on the report.
(2) Final report and briefing.--Not later than January 1,
2021, the Commander of the United States Transportation
Command, in coordination with the Chairman of the Joint
Chiefs of Staff and the Secretaries of the military
departments, shall--
(A) submit to the Committee on Armed Services of the House
of Representatives a final report on the study; and
(B) provide to such Committee a briefing on the report.
(3) Form of reports.--The reports required by paragraphs
(1) and (2) shall be submitted in unclassified form, but may
include a classified annex.
(d) Definition of Sealift Ship.--In this section, the term
``sealift ship'' includes surge sealift vessels, tanker
vessels, and non-governmental vessels incorporated as part of
the maritime logistics enterprise.
SEC. 1067. ASSESSMENT OF SPECIAL OPERATIONS FORCE STRUCTURE.
(a) Assessment.--
(1) In general.--The Secretary of Defense shall enter into
an agreement with a federally funded research and development
center for the conduct of an independent assessment of the
force structure and roles and responsibilities of special
operations forces.
(2) Submission to congress.--Not later than July 1, 2020,
the Secretary shall submit to the congressional defense
committees the results of the assessment required under
paragraph (1).
(3) Form.--The assessment required under paragraph (1)
shall be submitted in unclassified form, but may contain a
classified annex.
(b) Matters to Be Considered.--In performing the assessment
under this section, the federally funded research and
development center shall consider the following matters:
(1) The most recent national defense strategy under section
113(g) of title 10, United States Code.
(2) Special operations activities, as described in section
167(k) of title 10, United States Code.
(3) Potential future national security threats to the
United States.
(4) Ongoing counterterrorism and contingency operations of
the United States.
(5) The demand for special operations forces by geographic
combatant commanders for security cooperation, exercises, and
other missions that could be executed by conventional forces.
(6) Other government and non-government analyses that would
contribute to the assessment through variations in study
assumptions or potential scenarios.
(7) The role of emerging technology on special operations
forces.
(8) Opportunities for reduced operation and sustainment
costs of special operations.
(9) Current and projected capabilities of other United
States Armed Forces that could affect force structure
capability and capacity requirements of special operations
forces.
(10) The process by which United States Special Operations
Command determines force size and structure.
(11) The readiness of special operations forces for
assigned missions and future conflicts.
(12) The adequacy of special operations force structure for
meeting the goals of the National Military Strategy under
section 153(b) of title 10, United States Code.
(13) Any other matters deemed relevant.
(c) Assessment Results.--The results of the assessment
under this section shall include each of the following:
(1) Considerations and recommendations for improving the
readiness of special operations forces and alternative force
structure options.
(2) Legislative recommendations with respect to section 167
of title 10, United States Code, and other relevant
provisions of law.
(3) The views of United States Special Operations Command
on the assessment.
SEC. 1068. ARMY AVIATION STRATEGIC PLAN AND MODERNIZATION
ROADMAP.
(a) Strategic Plan and Modernization Roadmap.--
(1) In general.--The Secretary of the Army shall develop a
comprehensive strategic plan for Army aviation, which shall
be designed to--
(A) ensure the alignment between requirements, both current
and future, and Army budget submissions to meet such
requirements; and
(B) inform the preparation of future defense program and
budget requests by the Secretary, and the consideration of
such requests by Congress.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) An assessment of all missions for Army aviation, both
current missions and those missions necessary to support the
national defense strategy and the U.S. Army in Multi-Domain
Operations 2028 concept.
(B) An analysis of platforms, capabilities, and capacities
necessary to fulfill such current and future Army aviation
missions.
(C) The required life cycle budget associated with each
platform, capability, and capacity requirement for both
current and future requirements.
(D) An analysis showing operational, budget, and schedule
trade-offs between sustainment of currently fielded
capabilities, modernization of currently fielded
capabilities, and development and production of new
capabilities.
(b) Report to Congress.--Not later than March 30, 2020, the
Secretary of the Army shall submit to the congressional
defense committees a report containing--
(1) the comprehensive strategic plan required by subsection
(a); and
(2) a sustainment and modernization plan for carrying out
such strategic plan through fiscal year 2028.
SEC. 1069. REPORT ON GROUND-BASED LONG-RANGE ARTILLERY TO
COUNTER LAND AND MARITIME THREATS.
(a) In General.--Not later than March 1, 2020, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report
on the efforts by the Army and Marine Corps to develop and
deploy ground-based long-range rocket and cannon artillery to
counter land and maritime threats.
(b) Elements.--The report required by subsection (a) shall
include each of the following:
(1) An assessment of ongoing and future Army and Marine
Corps efforts to develop and deploy ground-based long-range
rocket and cannon artillery to counter land and maritime
fires in the areas of operations of United States Indo-
Pacific Command and United States European Command.
(2) An assessment of and recommendations for how the
Department of Defense can improve the development and
deployment of such artillery.
(3) An analysis and assessment of how such artillery
employed in support of the Armed Forces of the United States
and allied forces would be deployed, positioned, and
controlled to operate effectively against potential
adversaries throughout the depth of their tactical,
operational, and strategic formations, including any
recommendations of the Secretary regarding how such support
could be enhanced.
(c) Form of Report.--The report required by subsection (a)
shall be submitted in unclassified form, but may contain a
classified annex.
SEC. 1070. INDEPENDENT REVIEW OF TRANSPORTATION WORKING-
CAPITAL FUND.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of each of the military
departments, shall enter into a contract with a federally
funded research and development center for the conduct of an
independent review of the transportation working-capital fund
(hereinafter referred to as the ``TWCF'') of the United
States Transportation Command.
(b) Matters for Inclusion.--The review conducted under
subsection (a) shall include each of the following:
(1) The viability of the TWCF as it is structured as of the
date of the enactment of this Act.
(2) An assessment of any instances in which excess TWCF
funds were used for procurement or modernization efforts that
would not otherwise have been funded using amounts made
available for operation and maintenance.
(3) Recommendations for how the TWCF could be restructured
in order to make the fund more effective and efficient.
(4) Potential alternative funding mechanisms for certain
components of the TWCF, including the channel system.
(5) Any other matters the Secretaries jointly determine
appropriate.
(c) Report.--Not later than March 1, 2021, the Secretary of
Defense and the Secretary of each of the military departments
shall jointly submit the to the congressional defense
committees a copy of the review conducted under subsection
(a).
[[Page H5425]]
SEC. 1071. GEOGRAPHIC COMMAND RISK ASSESSMENT OF PROPOSED USE
OF CERTAIN AIRCRAFT CAPABILITIES.
(a) In General.--Not later than March 31, 2020, each
commander of a geographic combatant command shall submit to
the congressional defense committees a report containing an
assessment of the level of operational risk to that command
posed by the plans of the Department of the Navy and
Department of the Air Force to provide a mix of fifth
generation and advanced fourth generation tactical aircraft
capabilities to meet contingency and steady-state operational
requirements against adversaries in support of the objectives
of the 2018 national defense strategy.
(b) Assessment of Risk.--In assessing levels of operational
risk under subsection (a), a commander shall use the military
risk matrix of the Chairman of the Joint Chiefs of Staff, as
described in CJCS Instruction 3401.01E.
(c) Geographic Combatant Command.--In this section, the
term ``geographic combatant command'' means each of the
following:
(1) United States European Command.
(2) United States Indo-Pacific Command.
(3) United States Africa Command.
(4) United States Southern Command.
(5) United States Northern Command.
(6) United States Central Command.
SEC. 1072. ANNUAL REPORT ON STRIKES UNDERTAKEN BY THE UNITED
STATES AGAINST TERRORIST TARGETS OUTSIDE AREAS
OF ACTIVE HOSTILITIES.
(a) Annual Report.--Not later than May 1 of each year, the
Secretary of Defense shall submit to Congress a report on the
number of strikes undertaken by the United States against
terrorist targets outside areas of active hostilities during
the preceding calendar year, as well as assessments of
combatant and non-combatant deaths resulting from those
strikes.
(b) Contents of Report.--The report required by subsection
(a) shall include--
(1) information obtained from relevant agencies regarding
the general sources of information and methodology used to
conduct the assessments of combatant and non-combatant
deaths;
(2) to the extent feasible and appropriate, the general
reasons for discrepancies between post-strike assessments
from the United States and credible reporting from
nongovernmental organizations regarding non-combatant deaths
resulting from strikes undertaken by the United States
against terrorist targets outside areas of active
hostilities.
(c) Review of Post-strike Reporting.--In preparing a report
under this section, the Secretary shall review relevant and
credible post-strike all-source reporting, including such
information from nongovernmental sources, for the purpose of
ensuring that this reporting is available to and considered
by relevant agencies in their assessment of deaths.
(d) Form of Report.--The report required under subsection
(a) shall be submitted in unclassified form, but may include
a classified annex.
SEC. 1073. TERMINATION OF REQUIREMENT FOR SUBMITTAL TO
CONGRESS OF CERTAIN RECURRING REPORTS.
(a) Termination.--Effective on December 30, 2021, each
report described in subsection (b) that is still required to
be submitted to Congress as of such effective date shall no
longer be required to be submitted to Congress.
(b) Covered Reports.--A report described in this subsection
is a recurring report that is required to be submitted to
Congress by the Department of Defense, or by any officer,
official, component, or element of the Department, by any
annual national defense authorization Act enacted on or after
December 30, 2016.
SEC. 1074. REPORT ON OPERATIONAL CONCEPTS AND PLANS REGARDING
STRATEGIC COMPETITORS.
Not later than February 1, 2020, and then biannually
thereafter, the Secretary of Defense shall submit to the
congressional defense committees a report on the Department
of Defense's operational concepts and plans regarding
strategic competitors, including on strategically significant
matters identified in the National Defense Strategy, that
also addresses each of the following:
(1) Ways of employing the force in peace time to
effectively deter strategic competitors below the threshold
of war while ensuring readiness for potential conflict.
(2) Ways of adapting innovative, operational concepts
needed for strategically significant and plausible scenarios
related to strategic competitors.
(3) Ways of addressing operational challenges related to
achieving the strategic advantage against strategic
competitors related to nuclear, space, cyber, conventional,
and unconventional means in warfighting doctrine.
(4) The technologies, force developments, posture and
capabilities, readiness, infrastructure, organization,
personnel, and other elements of the defense program
necessary to enable these operational concepts and its
implementation listed in paragraphs (1) through (3).
(5) The ability of the National Security Innovation Base to
support the operational concepts listed in paragraphs (1)
through (3).
(6) The resources and defense investments necessary to
support the operational concepts and its implementation,
including budget recommendations.
(7) The risks associated with the operational concepts,
including the relationship and tradeoffs between missions,
risks, and resources.
(8) Measures and metrics to track the effectiveness of the
operational concepts and plans.
Subtitle H--Other Matters
SEC. 1081. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States
Code, is amended as follows:
(1) The table of chapters at the beginning of subtitle A,
and at the beginning of part I of such subtitle, are each
amended by striking the item relating to chapter 9A and
inserting the following:
``9A. Audit.................................................240a''.....
(2) The table of chapters at the beginning of subtitle A,
and at the beginning of part I of such subtitle, are each
amended by striking the item relating to chapter 112 and
inserting the following:
``112. Cyber Scholarship Program............................2200''.....
(3) Section 113(j)(1) is amended by inserting ``the''
before ``congressional defense committees''.
(4) Section 119a is amended in each of the subsection
headings for subsections (a) and (b) by striking ``AACMS''
and inserting ``ACCMS''.
(5) Section 127(c)(1) is amended by inserting ``the''
before ``congressional defense committees''.
(6) Section 130i is amended--
(A) in subsection (i)(1), by inserting ``(C)'' after
``(j)(3)''; and
(B) in subsection (j)(6), by striking ``40101'' and
inserting ``44802''.
(7) Section 131(b)(8) is amended by redesignating
subparagraph (I) as subparagraph (F).
(8) Section 132 is amended by redesignating subsection (e)
as subsection (d).
(9) The item relating to section 169 in the table of
sections at the beginning of chapter 6 is amended by
inserting a period after ``Command''.
(10) The item relating to section 183a in the table of
sections at the beginning of chapter 7 is amended to read as
follows:
``183a. Military Aviation and Installation Assurance Clearinghouse for
review of mission obstructions.''.
(11) Section 222a(d)(3)(A) is amended by inserting ``had''
before ``been''.
(12) Section 222b(a) is amended by striking ``United States
Code,''.
(13) Section 284 is amended--
(A) by striking ``section 376'' both places it appears and
inserting ``section 276'';
(B) in subsection (f), by inserting ``)'' after ``Stat.
1564)'';
(C) in subsection (g)(2), by striking ``section 375'' and
inserting ``section 275''; and
(D) in subsection (h)(1)(A)(vi)(VI) by striking ``section
1004 of the National Defense Authorization Act for Fiscal
Year 1991 (10 U.S.C. 374 note) and''.
(14) Section 240b(b)(1)(B)(i) is amended by striking
``section 253a'' and inserting ``section 240c''.
(15) The table of sections at the beginning of subchapter V
of chapter 16 is amended by striking ``Sec.'' after the item
relating to section 350.
(16) Section 341(e)(2)(A) is amended by adding a period at
the end.
(17) Section 526(k) is amended by inserting ``the'' before
``number of general officers''.
(18) Section 649j is amended by striking ``(a) In General.-
The'' and inserting ``The''.
(19) Section 651(a) is amended by inserting ``shall serve''
after ``(50 U.S.C. 3806(d)(1))''.
(20) The heading of section 928b (article 128b of the
Uniform Code of Military Justice) is amended to read as
follows:
``Sec. 928b. Art. 128b. Domestic violence''.
(21) Section 1034(b)(1)(B)(ii) is amended by striking
``subsection (i)'' and inserting ``subsection (j)'';
(22) Section 1073c(a) is amended by redesignating the
second paragraph (4) as paragraph (6).
(23) Section 1074g(b) is amended by striking ``under
subsection (h)'' and inserting ``under subsection (i)''.
(24) Section 1075(d)(1) is amended in the table by striking
``25% of out of network'' and inserting ``25% out of
network''.
(25) Section 1076d(d)(1) is amended by striking ``section
1075 of this section'' and inserting ``section 1075 of this
title''.
(26) Section 1076e(d)(1) is amended by striking ``section
1075 of this section'' and inserting ``section 1075 of this
title''.
(27) Section 1142(c)(3) is amended by striking ``paragraph
(2)(B)'' and inserting ``paragraph (2)(C)''.
(28) Section 1762(c) is amended by striking ``in at any one
time'' and inserting ``at any one time in''.
(29) Section 1788a is amended in subsection (d)(1) by
striking ``Not later than March 1, 2019, and each March 1
thereafter'' and inserting ``Not later than March 1 each
year''.
(30) Section 2208(u) is amended by inserting ``of this
title'' after ``2805'' each place it appears.
(31) Section 2216(b)(1) is amended by striking ``subsection
(c)(1)(B)(iii)'' and inserting ``subsection (c)(1)(B)(ii)''.
(32) Section 2222(i)(11) is amended by striking
``subsection (a)(6)(A)'' and inserting ``subsection
(e)(6)(A)''.
(33) Section 2228(a)(2) is amended by striking the second
period at the end.
(34) The item relating to section 2229b in the table of
sections at the beginning of chapter 131 is amended to read
as follows:
``2229b. Comptroller General assessment of acquisition programs and
initiatives.''.
(35) Section 2273(b)(1) is amended by inserting a semicolon
at the end.
(36) The heading for section 2279d is amended by striking
the period at the end.
(37) The heading of section 2284, as added by section
311(a) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat.
1708), is amended to read as follows:
``Sec. 2284. Explosive ordnance disposal defense program''.
(38) Section 2304(f)(1)(B) is amended--
[[Page H5426]]
(A) in clause (ii), by striking ``paragraph (6)(A)'' and
inserting ``paragraph (5)(A)''; and
(B) in clause (iii), by striking ``paragraph (6)(B)'' and
inserting ``paragraph (5)(B)''.
(39) Section 2305a(d)(1) is amended by striking ``a
indefinite'' and inserting ``an indefinite''.
(40)(A) Section 2304e is amended by striking the last four
words of the section heading.
(B) Section 2323a is amended--
(i) in the section heading, by striking the last six words;
and
(ii) in subsection (e)--
(I) in paragraph (1), by striking ``102 Stat. 2468;'';
(II) in paragraph (2), by striking ``(25 U.S.C. 450b(d))''
and inserting ``(25 U.S.C. 5304(d))''; and
(III) in paragraph (3), by striking ``(25 U.S.C. 450b(e))''
and inserting ``(25 U.S.C. 5304(e))''.
(C) The table of sections at the beginning of chapter 137
is amended by striking the last four words of the item
relating to section 2304e and the last six words of the item
relating to section 2323a.
(41) Section 2307(a) is amended by striking ``may'' and
inserting ``may--''.
(42) Section 2313b(d) is amended by striking ``an task
order'' both places it appears and inserting ``a task
order''.
(43) Section 2329(g)(1) is amended by striking `` `bridge
contact' '' and inserting `` `bridge contract' ''.
(44) Section 2339a(e)(5) is amended by striking ``section
3542(b)'' and inserting ``section 3552(b)(6)''.
(45) Section 2366a(c)(1)(F) is amended by striking
``section 2366a(b)(6) of this title'' and inserting
``subsection (b)(6)''.
(46) Section 2371b(d)(1)(C) is amended by striking ``other
than'' after ``sources''.
(47) Section 2380B is amended--
(A) by inserting ``section'' before ``2376(1) of this
title''; and
(B) by striking ``purposed of'' and inserting ``purposes
of''.
(48) Section 2401(e)(2) is amended by striking ``subsection
(f)'' and inserting ``subsection (g)''.
(49) Section 2417(a)(2) is amended by striking ``of
eligible entities'' and all that follows through ``for
meetings'' and inserting the following: ``of eligible
entities--
``(A) for meetings''.
(50) The item relating to section 2439 in the table of
sections at the beginning of chapter 144 is amended to read
as follows:
``2439. Negotiation of price for technical data before development,
production, or sustainment of major weapon systems.''.
(51) The item relating to subchapter II in the table of
subchapters for chapter 144B is amended to read as follows:
``II. Development, Prototyping, and Deployment of Weapon System
Components or Technology...............................2447a''.....
(52) Section 2447a(a) is amended by striking ``after fiscal
year 2017''.
(53) Section 2547(b)(2) is amended--
(A) by striking ``material'' and inserting ``materiel'';
and
(B) by striking ``Material'' both places it appears and
inserting ``Materiel''.
(54) Section 2802(e)(1) is amended by striking ``shall
comply with'' and inserting ``shall--
``(A) comply with''.
(55) Section 2804(b) is amended--
(A) in the second sentence--
(i) by striking ``(1)'' and ``(2)''; and
(ii) by striking ``project and'' and inserting
``project,''; and
(B) in the third sentence, by striking ``; and''.
(56) Section 2805(d)(1)(B) is amended by inserting
``under'' after ``made available''.
(57) Section 2835a(c) is amended by striking ``(1) The
Secretary'' and inserting ``The Secretary''.
(58) Section 2879(a)(2)(A) is amended by striking the comma
after ``2017''.
(59) Section 2913(c) is amended by striking ``government a
gas or electric utility'' and inserting ``government gas or
electric utility''.
(60) The item relating to section 2914 in the table of
sections at the beginning of chapter 173 is amended to read
as follows:
``2914. Energy resilience and conservation construction projects.''.
(61)(A) The heading of section 8749, as amended by section
1114(b)(2) and redesignated by section 807(d)(6) of the John
S. McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232), is amended by capitalizing the
initial letter of the fifth, sixth, and seventh words and the
initial letter of the last two words.
(B) The heading of section 8749a, as added by section
1114(a) and redesignated by section 8(d)(6) of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232), is amended by capitalizing the
initial letter of the fifth, sixth, and seventh words.
(62) Section 9069(a) is amended by striking ``are'' and
inserting ``is''.
(63) Section 10217(e)(4) is amended by striking ``shall an
individual'' and inserting ``shall be an individual''.
(64) The item relating to section 2568a in the table of
sections at the beginning of chapter 152 is amended to read
as follows:
``2568a. Damaged personal protective equipment: award to members
separating from the armed forces and veterans.''.
(b) NDAA for Fiscal Year 2019.--Effective as of August 13,
2018, and as if included therein as enacted, the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232) is amended as follows:
(1) Section 331(g)(2) (132 Stat. 1724) is amended by
inserting ``of such title'' after ``chapter 2''.
(2) Section 844(b) (132 Stat. 1881) is amended by striking
``This section and the amendments made by this section'' and
inserting ``The amendment made by subsection (a)''.
(3) Section 1246(1)(B) (132 Stat. 2049) is amended by
adding at the end before the semicolon the following: ``and
transferring it to appear after paragraph (15)''.
(4) Section 2805(c) (132 Stat. 2262; 10 U.S.C. 2864 note)
is amended by striking ``United Facilities Criteria'' and
inserting ``Unified Facilities Criteria''.
(c) NDAA for Fiscal Year 2018.--Effective as of December
12, 2017, and as if included therein as enacted, section
1609(b)(3) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1728; 10
U.S.C. 2273 note) is amended by striking ``, and,'' and
inserting ``, and''.
(d) NDAA for Fiscal Year 2012.--Effective as of December
31, 2011, and as if included therein as enacted, section 315
of the National Defense Authorization Act for Fiscal Year
2012 (Public Law 112-81; 125 Stat. 1358; 10 U.S.C. 2911 note)
is amended by redesignating subsections (d), (e), and (f) as
subsections (c), (d), and (e), respectively.
(e) Coordination With Other Amendments Made by This Act.--
For purposes of applying amendments made by provisions of
this Act other than this section, the amendments made by this
section shall be treated as having been enacted immediately
before any such amendments by other provisions of this Act.
SEC. 1082. SUBMISSION TO CONGRESS OF DEPARTMENT OF DEFENSE
EXECUTE ORDERS.
(a) In General.--Chapter 2 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 119b. Execute orders: congressional oversight
``Not later than 30 days after the date on which the
Secretary of Defense or the commander of a combatant command
issues an execute order, the Secretary of Defense shall
provide to the chairman and ranking member of each of the
congressional defense committees, and their designated staff
with the appropriate security clearance, a copy of the
execute order.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``119b. Execute orders: congressional oversight.''.
(c) Previously Issued Execute Orders.--Not later than 30
days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the chairman and ranking
member of each of the congressional defense committees, and
their designated staff with the appropriate security
clearance, copies of each execute order issued by the
Secretary or by a commander of a combatant command before the
date of the enactment of this Act.
SEC. 1083. EXTENSION OF NATIONAL SECURITY COMMISSION ON
ARTIFICIAL INTELLIGENCE.
Section 1051 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
is amended--
(1) in subsection (c)(1), by striking ``180 days'' and
inserting ``360 days''; and
(2) in subsection (e), by striking ``October 1, 2020'' and
inserting ``March 1, 2021''.
SEC. 1084. NATIONAL COMMISSION ON MILITARY AVIATION SAFETY.
(a) Extension of Deadline for Report.--Subsection (h)(2) of
section 1087 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
is amended by striking ``March 1, 2020'' an inserting
``December 1, 2020''.
(b) Secretary of Defense Report.--Such section is further
amended by adding at the end the following new subsection:
``(l) Report to Congress.--Not later than 120 days after
the date of the submittal of the report under subsection
(h)(2), the Secretary of Defense, in coordination with the
Secretary of each of the military departments, shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a report that includes each of the
following:
``(1) An assessment of the findings and conclusions of the
Commission.
``(2) The plan of the Secretaries for implementing the
recommendations of the Commission.
``(3) Any other actions taken or planned by the Secretary
of Defense or the Secretary of any of the military
departments to improve military aviation safety.''.
(c) Authorization of Appropriations.--In addition to any
other amounts authorized to be appropriated for the National
Commission on Military Aviation Safety established under
section 1087 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232),
of the amounts authorized to be appropriated for Operation
and Maintenance, Defense-wide for fiscal year 2020, as
specified in the funding table in section 4301, $3,000,000
shall be available for the National Commission on Aviation
Safety.
SEC. 1085. EXTENSION OF POSTAGE STAMP FOR BREAST CANCER
RESEARCH.
Section 414(h) of title 39, United States Code, is amended
by striking ``2019'' and inserting ``2027''.
SEC. 1086. PROCESSES AND PROCEDURES FOR NOTIFICATIONS
REGARDING SPECIAL OPERATIONS FORCES.
(a) In General.--Not later than 180 days after enactment of
this Act, the Secretary of Defense shall establish and submit
to the congressional defense committees processes and
procedures for providing notifications to the committees
regarding members of special operations forces, as identified
in section 167(j) of title 10, United States Code.
[[Page H5427]]
(b) Processes and Procedures.--The processes and procedures
established under subsection (a) shall--
(1) clarify the roles and responsibilities of the
Secretaries of the military departments, the Assistant
Secretary of Defense for Special Operations and Low Intensity
Conflict, and the Commander of United States Special
Operations Command;
(2) provide guidance relating to the types of matters that
would warrant congressional notification, including awards,
reprimands, incidents, and any other matters the Secretary
determines necessary;
(3) be consistent with the national security of the United
States;
(4) be designed to protect sensitive information during an
ongoing investigation;
(5) account for the privacy of members of the Armed Forces;
and
(6) take in to account existing processes and procedures
for notifications to the congressional defense committees
regarding members of the conventional Armed Forces.
SEC. 1087. ASSESSMENT OF STANDARDS, PROCESSES, PROCEDURES,
AND POLICY RELATING TO CIVILIAN CASUALTIES.
(a) Assessment Required.--The Secretary of Defense shall
enter into an agreement with a federally funded research and
development center for the conduct of an independent
assessment of the sufficiency of Department of Defense
standards, processes, procedures, and policy relating to
civilian casualties resulting from United States military
operations.
(b) Matters to Be Considered.--In conducting the assessment
under this section, the federally funded research and
development center shall consider the following matters:
(1) Department of Defense policy relating to civilian
casualties resulting from United States military operations.
(2) Standards, processes, and procedures for internal
assessments and investigations of civilian casualties
resulting from United States military operations.
(3) Standards, processes, and procedures for identifying,
assessing, investigating, and responding to reports of
civilian casualties resulting from United States military
operations from the public and non-governmental entities and
sources, including the consideration of relevant information
from all available sources.
(4) Combatant command organizational constructs for
assessing and investigating civilian casualties resulting
from United States military operations.
(5) Mechanisms for public and non-governmental entities to
report civilian casualties that have resulted from United
States military operations to the Department of Defense.
(6) Enterprise-wide mechanisms for accurately recording
kinetic strikes, including raids, strikes, and other
missions, and civilian casualties resulting from United
States military operations.
(7) Standards, processes, procedures, and policy for
reducing the likelihood of civilian casualties from United
States military operations.
(8) The institutionalization of lessons learned and best
practices for reducing the likelihood of civilian casualties
and relating to civilian casualties resulting from United
States military operations.
(9) Any other matters the Secretary of Defense determines
appropriate.
(c) Assessment Results.--The results of the assessment
under this section shall--
(1) present considerations for improving standards,
processes, procedures, policy, and organizational constructs
relating to civilian casualties resulting from military
operations;
(2) provide for the presentation of Department of Defense
views on the assessment; and
(3) provide for the presentation of the views of non-
governmental organizations on the assessment.
(d) Report to Congress.--
(1) In general.--Not later than March 1, 2020, the
Secretary of Defense shall submit to the congressional
defense committees a report containing the results of the
assessment conducted under this section.
(2) Form of report.--The report under paragraph (1) shall
be submitted in unclassified form, but may contain a
classified annex.
(3) Public availability.--The Secretary shall make the
report under paragraph (1) publicly available.
SEC. 1088. DISPOSAL OF IPV4 ADDRESSES.
(a) Disposal Required.--
(1) In general.--Not later than 10 years after the date of
the enactment of this Act, the Secretary of Defense shall
sell all of the IPv4 addresses described in subsection (b) at
fair market value. The net proceeds collected from a sale
under this section shall be deposited in the General Fund of
the Treasury.
(2) Deadlines for certain blocks.--Of the IPv4 addresses
described in subsection (b), the Secretary of Defense shall
sell in accordance with paragraph (1)--
(A) one block referred to in such subsection, or an
equivalent number of IPv4 addresses, by not later than two
years after the date of the enactment of this Act; and
(B) one additional such block, or an equivalent number of
IPv4 addresses, by not later than three years after the date
of the enactment of this Act.
(b) IPv4 Addresses.--The IPv4 addresses described in this
subsection are all IPv4 addresses assigned to any agency or
entity of the Department of Defense, including all addresses
contained in blocks 6.0.0.0/8, 7.0.0.0/8, 11.0.0.0/8,
21.0.0.0/8, 22.0.0.0/8, 26.0.0.0/8, 28.0.0.0/8, 29.0.0.0/8,
30.0.0.0/8, 33.0.0.0/8, 55.0.0.0/8, 214.0.0.0/8, and
215.0.0.0/8.
(c) Report to Congress.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report that includes each
of the following:
(A) A description of the measures taken by the Secretary
regarding the disposal of the IPv4 addresses described in
subsection (b).
(B) An accounting of the total IPv4 address holdings of the
Department of Defense, as of the date of the submittal of the
report.
(C) A description of any legacy systems of the Department
that are dependent on the IPv4 addresses described in
subsection (b).
(D) The plan of the Secretary to transition all Department
addresses to IPv6.
(E) Such other information as the Secretary determines
appropriate.
(2) Form of report.--The report required by paragraph (1)
shall be submitted in unclassified form, but may contain a
classified annex.
(d) Limitation on Use of Funds.--Of the funds authorized to
be appropriated by this Act or otherwise made available for
fiscal year 2020 for Operation and Maintenance, Defense-wide,
Office of the Secretary of Defense, for Travel of Persons (OP
32 Line 308), not more than 70 percent may be obligated or
expended until the date on which the Secretary of Defense
submits to the Committees on Armed Services of the Senate and
the House of Representatives the report required under
subsection (c).
SEC. 1089. SECURING AMERICAN SCIENCE AND TECHNOLOGY.
(a) Interagency Working Group.--
(1) In general.--The Director of the Office of Science and
Technology Policy, acting through the National Science and
Technology Council, in consultation with the National
Security Advisor, shall establish an interagency working
group to coordinate activities to protect federally funded
research and development from foreign interference,
cyberattacks, theft, or espionage and to develop common
definitions and best practices for Federal science agencies
and grantees, while accounting for the importance of the open
exchange of ideas and international talent required for
scientific progress and American leadership in science and
technology.
(2) Membership.--
(A) In general.--The working group shall include a
representative of--
(i) the National Science Foundation;
(ii) the Department of Energy;
(iii) the National Aeronautics and Space Administration;
(iv) the National Institute of Standards and Technology;
(v) the Department of Commerce;
(vi) the National Institutes of Health;
(vii) the Department of Defense;
(viii) the Department of Agriculture;
(ix) the Department of Education;
(x) the Department of State;
(xi) the Department of the Treasury;
(xii) the Department of Justice;
(xiii) the Department of Homeland Security;
(xiv) the Central Intelligence Agency;
(xv) the Federal Bureau of Investigation;
(xvi) the Office of the Director of National Intelligence;
(xvii) the Office of Management and Budget;
(xviii) the National Economic Council; and
(xix) such other Federal department or agency as the
President considers appropriate.
(B) Chair.--The working group shall be chaired by the
Director of the Office of Science and Technology Policy (or
the Director's designee).
(3) Responsibilities of the working group.--The working
group established under paragraph (1) shall--
(A) identify known and potential cyber, physical, and human
intelligence threats and vulnerabilities within the United
States scientific and technological enterprise;
(B) coordinate efforts among agencies to share and update
important information, including specific examples of foreign
interference, cyberattacks, theft, or espionage directed at
federally funded research and development or the integrity of
the United States scientific enterprise;
(C) identify and assess existing mechanisms for protection
of federally funded research and development;
(D) develop an inventory of--
(i) terms and definitions used across Federal science
agencies to delineate areas that may require additional
protection; and
(ii) policies and procedures at Federal science agencies
regarding protection of federally funded research; and
(E) develop and periodically update unclassified policy
guidance to assist Federal science agencies and grantees in
defending against threats to federally funded research and
development and the integrity of the United States scientific
enterprise that--
(i) includes--
(I) descriptions of known and potential threats to
federally funded research and development and the integrity
of the United States scientific enterprise;
(II) common definitions and terminology for categorization
of research and technologies that are protected;
(III) identified areas of research or technology that might
require additional protection;
(IV) recommendations for how control mechanisms can be
utilized to protect federally funded research and development
from foreign interference, cyberattacks, theft or espionage,
including any recommendations for updates to existing control
mechanisms;
(V) recommendations for best practices for Federal science
agencies 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;
(VI) assessments of potential consequences that any
proposed practices would have on
[[Page H5428]]
international collaboration and United States leadership in
science and technology; and
(VII) a classified addendum as necessary to further inform
Federal science agency decisionmaking; and
(ii) accounts for the range of needs across different
sectors of the United States science and technology
enterprise.
(4) Coordination with national academies roundtable.--The
Director of the Office of Science and Technology Policy shall
coordinate with the Academies to ensure that at least one
member of the interagency working group is also a member of
the roundtable under subsection (b).
(5) Interim report.--Not later than six months after the
date of enactment of this Act, the Director of the Office of
Science and Technology Policy shall provide a report to the
relevant committees that includes the inventory required
under paragraph (3)(D), and an update on progress toward
developing the policy guidance required under paragraph
(3)(E), as well as any additional activities undertaken by
the working group in that time.
(6) Biennial reporting.--Two years after the date of
enactment of this Act, and at least every two years
thereafter, the Director of the Office of Science and
Technology Policy shall provide a summary report to the
relevant committees on the activities of the working group
and the most current version of the policy guidance required
under paragraph (3)(E).
(b) National Academies Science, Technology and Security
Roundtable.--
(1) In general.--The National Science Foundation, the
Department of Energy, and the Department of Defense, and any
other agencies as determined by the Director of the Office of
Science and Technology Policy, shall enter into a joint
agreement with the Academies to create a new ``National
Science, Technology, and Security Roundtable'' (hereinafter
in this subsection referred to as the ``roundtable'').
(2) Participants.--The roundtable shall include senior
representatives and practitioners from Federal science,
intelligence, and national security agencies, law
enforcement, as well as key stakeholders in the United States
scientific enterprise including institutions of higher
education, Federal research laboratories, industry, and non-
profit research organizations.
(3) Purpose.--The purpose of the roundtable is to
facilitate among participants--
(A) exploration of critical issues related to protecting
United States national and economic security while ensuring
the open exchange of ideas and international talent required
for scientific progress and American leadership in science
and technology;
(B) identification and consideration of security threats
and risks involving federally funded research and
development, including foreign interference, cyberattacks,
theft, or espionage;
(C) identification of effective approaches for
communicating the threats and risks identified in
subparagraph (b) to the academic and scientific community,
including through the sharing of unclassified data and
relevant case studies;
(D) sharing of best practices for addressing and mitigating
the threats and risks identified in subparagraph (B); and
(E) examination of potential near- and long-term responses
by the government and the academic and scientific community
to mitigate and address the risks associated with foreign
threats.
(4) Report and briefing.--The joint agreement under
paragraph (1) shall specify that--
(A) the roundtable shall periodically organize workshops
and issue publicly available reports on the topics described
in paragraph (3) and the activities of the roundtable; and
(B) not later than March 1, 2020, the Academies shall
provide a briefing to relevant committees on the progress and
activities of the roundtable.
(5) Authorization of appropriations.--There is authorized
to be appropriated $5,000,000 to the Secretary of Defense for
fiscal years 2020 to 2024 to carry out this subsection.
(c) Definitions.--In this section:
(1) The term ``Academies'' means the National Academies of
Science, Engineering and Medicine.
(2) The term ``Federal science agency'' means any Federal
agency with at least $100,000,000 in basic and applied
research obligations in fiscal year 2018.
(3) The term ``grantee'' means an entity that is--
(A) a recipient or subrecipient of a Federal grant or
cooperative agreement; and
(B) an institution of higher education or a non-profit
organization.
(4) The term ``relevant committees'' means--
(A) the Committee on Science, Space, and Technology of the
House of Representatives;
(B) the Committee on Commerce, Science, and Transportation
of the Senate;
(C) the Committee on Armed Services of the House of
Representatives; and
(D) the Committee on Armed Services of the Senate.
SEC. 1090. STANDARDIZED POLICY GUIDANCE FOR CALCULATING
AIRCRAFT OPERATION AND SUSTAINMENT COSTS.
Not later than 270 days after the date of the enactment of
this Act, the Under Secretary of Defense for Acquisition and
Sustainment, in coordination with the Director of Cost
Analysis and Program Evaluation and in consultation with the
Secretary of each of the military services, shall develop and
implement standardized policy guidance for calculating
aircraft operation and sustainment costs for the Department
of Defense. Such guidance shall provide for a standardized
calculation of--
(1) aircraft cost per flying hour;
(2) aircraft cost per aircraft tail per year; and
(3) total cost of ownership per flying hour for aircraft
systems.
SEC. 1091. SPECIAL FEDERAL AVIATION REGULATION WORKING GROUP.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, the
Secretary of Transportation, and the Secretary of State,
shall jointly establish a Special Federal Aviation Regulation
(in this section referred to as the ``SFAR'') interagency
working group to review the current options for the
Department of Defense to use contracted United States civil
aviation to provide support for Department of Defense
missions in areas where a Federal Aviation Administration
SFAR is in effect.
(b) Duties.--The working group shall--
(1) analyze all options currently available for the
Department of Defense to use contracted United States civil
aviation to provide support for Department of Defense
missions in areas where a Federal Aviation Administration
SFAR is in effect;
(2) review existing processes of the Department of Defense,
the Federal Aviation Administration, and the Department of
State, with respect to the Department of Defense's use of
contracted United States civil aviation in areas where a
Federal Aviation Administration SFAR is in effect;
(3) identify any issues, inefficiencies, or concerns with
the existing options and processes, including safety of
flight, legal considerations, mission delivery, and security
considerations; and
(4) develop recommendations, if any, to improve existing
processes or expand the options available for the Department
of Defense to use contracted United States civil aviation to
provide support to Department of Defense missions in areas
where a Federal Aviation Administration SFAR is in effect.
(c) Members.--
(1) Appointment.--The Secretary of Defense, the Secretary
of Transportation, and the Secretary of State shall each
appoint not more than 5 members to the working group with
expertise in civil aviation safety, state aircraft
operations, the provision of contracted aviation support to
the Department of Defense, and the coordination of such
efforts between the Department of Defense, the Department of
State, and the Federal Aviation Administration. The 5 members
appointed by the Secretary of Transportation shall include at
least 3 members from the Federal Aviation Administration.
(2) Qualifications.--All working group members shall be
full-time employees of the Federal Government with
appropriate security clearances to allow discussion of all
classified information and materials necessary to fulfill the
working group's duties pursuant to subsection (b).
(d) Report.--Not later than 1 year after the date it is
established, the working group shall submit a report on its
findings and any recommendations developed pursuant to
subsection (b) to the congressional defense committees, the
Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Transportation and
Infrastructure of the House of Representatives.
(e) Termination.--The working group shall terminate 90 days
after the date the report is submitted under subsection (d).
(f) Definitions.--In this section the following definitions
apply:
(1) The term ``United States civil aviation'' means--
(A) United States air carriers and United States commercial
operators;
(B) persons exercising the privileges of an airman
certificate issued by the FAA, except such persons operating
United States-registered aircraft for a foreign air carrier;
and
(C) operators of civil aircraft registered in the United
States, except where the operator of such aircraft is a
foreign air carrier.
(2) The term ``Federal Aviation Administration SFAR'' means
the Special Federal Aviation Regulation included under
subpart M of part 91 of title 14, Code of Federal
Regulations.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--Personnel Management
SEC. 1101. DEFENSE ADVANCED RESEARCH PROJECTS AGENCY
PERSONNEL MANAGEMENT AUTHORITY.
Section 1599h(b)(1)(B) of title 10, United States Code, is
amended by striking ``100 positions'' and inserting ``140
positions''.
SEC. 1102. MODIFICATION OF PROBATIONARY PERIOD FOR CERTAIN
DEPARTMENT OF DEFENSE EMPLOYEES.
(a) In General.--Section 1599e of title 10, United States
Code, is amended by--
(1) striking subsection (a) and inserting the following:
``(a) In General.--Notwithstanding sections 3321 and
3393(d) of title 5, the probationary period applicable under
those sections to a covered employee may be extended by the
Secretary concerned at the discretion of such Secretary.'';
and
(2) by striking subsection (d).
(b) Conforming Amendments.--Title 5, United States Code, is
amended--
(1) in section 7501(1), by striking ``, except as provided
in section 1599e of title 10,''; and
(2) in section 7511(a)(1)(A)(ii), by striking ``except as
provided in section 1599e of title 10,''.
(c) Application.--The amendments made by this section shall
apply to any covered employee (as that term is defined in
paragraph (1) of section 1599e(b) of title 10, United States
Code) appointed to a position described under subparagraph
(A) or (B) of such paragraph on or after the date of the
enactment of this Act.
SEC. 1103. CIVILIAN PERSONNEL MANAGEMENT.
Section 129 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``each fiscal year''
and inserting ``each fiscal year solely''; and
[[Page H5429]]
(B) in the second sentence--
(i) by striking ``Any'' and inserting ``The management of
such personnel in any fiscal year shall not be subject to
any''; and
(ii) by striking ``shall be developed'' and all that
follows through ``changed circumstances''; and
(2) in subsection (c)(2)--
(A) in each of subparagraphs (A) and (B), by inserting
``and associated costs'' after each instance of ``projected
size''; and
(B) in subparagraph (B), by striking ``that have been
taken'' and all that follows through the period and inserting
``to reduce the overall costs of the total force of military,
civilian, and contract workforces.''.
SEC. 1104. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT
ALLOWANCES, BENEFITS, AND GRATUITIES TO
CIVILIAN PERSONNEL ON OFFICIAL DUTY IN A COMBAT
ZONE.
Paragraph (2) of section 1603(a) of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006 (Public Law 109-234;
120 Stat. 443), as added by section 1102 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4616) and as most recently
amended by section 1115 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232), is further amended by striking ``2020'' and
inserting ``2021''.
SEC. 1105. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL
LIMITATION ON PREMIUM PAY AND AGGREGATE
LIMITATION ON PAY FOR FEDERAL CIVILIAN
EMPLOYEES WORKING OVERSEAS.
(a) Extension of Authority.--Section 1101(a) of the Duncan
Hunter National Defense Authorization Act for Fiscal Year
2009 (Public Law 110-417; 122 Stat. 4615), as most recently
amended by section 1104 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232), is further amended by striking ``through 2019'' and
inserting ``through 2020''.
(b) Effective Date.--The amendment made by this section
shall take effect on January 1, 2020.
SEC. 1106. PERFORMANCE OF CIVILIAN FUNCTIONS BY MILITARY
PERSONNEL.
Subparagraph (B) of paragraph (1) of subsection (g) of
section 129a of title 10, United States Code, is amended to
read as follows:
``(B) such functions may be performed by military personnel
for a period that does not exceed one year if the Secretary
of the military department concerned determines that--
``(i) the performance of such functions by military
personnel is required to address critical staffing needs
resulting from a reduction in personnel or budgetary
resources by reason of an Act of Congress; and
``(ii) the military department concerned is in compliance
with the policies, procedures, and analysis required by this
section and section 129 of this title.''.
SEC. 1107. EXTENSION OF DIRECT HIRE AUTHORITY FOR DOMESTIC
INDUSTRIAL BASE FACILITIES AND MAJOR RANGE AND
TEST FACILITIES BASE.
(a) In General.--Subsection (a) of section 1125 of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328), as amended by subsection (a) of section
1102 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91), is further amended by striking
``through 2021,'' and inserting ``through 2025,''.
(b) Briefing.--Subsection (b) of such section 1102 is
amended by striking ``fiscal years 2019 and 2021'' and
inserting ``fiscal years 2019 through 2025''.
SEC. 1108. AUTHORITY TO PROVIDE ADDITIONAL ALLOWANCES AND
BENEFITS FOR CERTAIN DEFENSE CLANDESTINE
SERVICE EMPLOYEES.
Section 1603 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(c) Additional Allowances and Benefits for Certain
Employees of the Defense Clandestine Service.--(1) Beginning
on the date on which the Secretary of Defense submits the
report under paragraph (3)(A), in addition to the authority
to provide compensation under subsection (a), the Secretary
may provide a covered employee allowances and benefits under
paragraph (1) of section 9904 of title 5 without regard to
the limitations in that section--
``(A) that the employee be assigned to activities outside
the United States; or
``(B) that the activities to which the employee is assigned
be in support of Department of Defense activities abroad.
``(2) The Secretary may not provide allowances and benefits
under paragraph (1) to more than 125 covered employees per
year.
``(3)(A) The Secretary shall submit to the appropriate
congressional committees a report containing a strategy
addressing the mission of the Defense Clandestine Service
during the period covered by the most recent future-years
defense program submitted under section 221 of this title,
including--
``(i) how such mission will evolve during such period;
``(ii) how the authority provided by paragraph (1) will
assist the Secretary in carrying out such mission; and
``(iii) an implementation plan for carrying out paragraph
(1), including a projection of how much the amount of the
allowances and benefits provided under such paragraph compare
with the amount of the allowances and benefits provided
before the date of the report.
``(B) Not later than December 31, 2020, and each year
thereafter, the Secretary shall submit to the appropriate
congressional committees a report, with respect to the fiscal
year preceding the date on which the report is submitted--
``(i) identifying the number of covered employees for whom
the Secretary provided allowances and benefits under
paragraph (1); and
``(ii) evaluating the efficacy of such allowances and
benefits in enabling the execution of the objectives of the
Defense Intelligence Agency.
``(C) The reports under subparagraphs (A) and (B) may be
submitted in classified form.
``(4) In this subsection:
``(A) The term `appropriate congressional committees'
means--
``(i) the congressional defense committees; and
``(ii) the Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee on
Intelligence of the Senate.
``(B) The term `covered employee' means an employee in a
defense intelligence position who is assigned to the Defense
Clandestine Service at a location in the United States that
the Secretary determines has living costs equal to or higher
than the District of Columbia.''.
SEC. 1109. PROHIBITED PERSONNEL PRACTICES.
(a) In General.--Section 2302 of title 5, United States
Code, is amended by adding at the end the following:
``(g)(1) All protections afforded to an employee under
subparagraphs (A), (B), and (D) of subsection (b)(1) shall be
afforded, in the same manner and to the same extent, to an
intern and an applicant for internship.
``(2) For purposes of the application of this subsection, a
reference to an employee shall be considered a reference to
an intern in--
``(A) section 717 of the Civil Rights Act of 1964 (42
U.S.C. 2000e-16);
``(B) sections 12 and 15 of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 631, 633a); and
``(C) section 501 of the Rehabilitation Act of 1973 (29
U.S.C. 791).
``(3) In this subsection, the term `intern' means an
individual who performs uncompensated voluntary service in an
agency to earn credit awarded by an educational institution
or to learn a trade or occupation.''.
(b) Conforming Amendment.--Section 3111(c)(1) of title 5,
United States Code, is amended by inserting ``section 2302(g)
(relating to prohibited personnel practices),'' before
``chapter 81''.
SEC. 1110. ENHANCEMENT OF ANTIDISCRIMINATION PROTECTIONS FOR
FEDERAL EMPLOYEES.
(a) Sense of Congress.--Section 102 of the Notification and
Federal Employee Antidiscrimination and Retaliation Act of
2002 (5 U.S.C. 2301 note) is amended--
(1) in paragraph (4), to read as follows:
``(4) accountability in the enforcement of Federal employee
rights is furthered when Federal agencies take appropriate
disciplinary action against Federal employees who have been
found to have committed discriminatory or retaliatory
acts;''; and
(2) in paragraph (5)(A)--
(A) by striking ``nor is accountability'' and inserting
``but accountability is not''; and
(B) by inserting ``for what by law the agency is
responsible'' after ``under this Act''.
(b) Notification of Violation.--Section 202 of the
Notification and Federal Employee Antidiscrimination and
Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended by
adding at the end the following:
``(d) Notification of Final Agency Action.--
``(1) Not later than 30 days after a Federal agency takes
final action or the Equal Employment Opportunity Commission
issues an appellate decision involving a finding of
discrimination or retaliation prohibited by a provision of
law covered by paragraph (1) or (2) of section 201(a), as
applicable, the head of the agency subject to the finding
shall provide notice for at least 1 year on the agency's
internet website in a clear and prominent location linked
directly from the agency's internet home page stating that a
finding of discrimination or retaliation has been made.
``(2) The notification shall identify the date the finding
was made, the date or dates on which the discriminatory or
retaliatory act or acts occurred, and the law or laws
violated by the discriminatory or retaliatory act or acts.
The notification shall also advise Federal employees of the
rights and protections available under the respective
provisions of law covered by paragraph (1) or (2) of section
201(a).''.
(c) Reporting Requirements.--
(1) Electronic format requirement.--
(A) In general.--Section 203(a) of the Notification and
Federal Employee Antidiscrimination and Retaliation Act of
2002 (5 U.S.C. 2301 note) is amended--
(i) by inserting ``Homeland Security and'' before
``Governmental Affairs'';
(ii) by inserting ``Oversight and'' before ``Government
Reform''; and
(iii) by inserting ``(in an electronic format prescribed by
the Office of Personnel Management)'' after ``an annual
report''.
(B) Effective date.--The amendment made by paragraph (1)(C)
shall take effect on the date that is 1 year after the date
of enactment of this Act.
(C) Transition period.--Notwithstanding the requirements of
section 203(a) of the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301
note), the report required under such section may be
submitted in an electronic format, as prescribed by the
Office of Personnel Management, during the period beginning
on the date of enactment of this Act and ending on the
effective date in paragraph (2).
(2) Reporting requirement for disciplinary action.--Section
203 of such Act is amended by adding at the end the
following:
[[Page H5430]]
``(c) Disciplinary Action Report.--Not later than 60 days
after the date on which a Federal agency takes final action
or a Federal agency receives an appellate decision issued by
the Equal Employment Opportunity Commission involving a
finding of discrimination or retaliation in violation of a
provision of law covered by paragraph (1) or (2) of section
201(a), as applicable, the employing Federal agency shall
submit to the Commission a report stating whether
disciplinary action has been initiated against a Federal
employee as a result of the violation.''.
(d) Data to Be Posted by Employing Federal Agencies.--
Section 301(b) of the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301
note) is amended--
(1) in paragraph (9)--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B)(ii), by striking the period at the
end and inserting ``, and''; and
(C) by adding at the end the following:
``(C) for each such finding counted under subparagraph (A),
the agency shall specify--
``(i) the date of the finding;
``(ii) the affected agency;
``(iii) the law violated; and
``(iv) whether a decision has been made regarding necessary
disciplinary action as a result of the finding.''; and
(2) by adding at the end the following:
``(11) Data regarding each class action complaint filed
against the agency alleging discrimination or retaliation,
including--
``(A) information regarding the date on which each
complaint was filed;
``(B) a general summary of the allegations alleged in the
complaint;
``(C) an estimate of the total number of plaintiffs joined
in the complaint if known;
``(D) the current status of the complaint, including
whether the class has been certified; and
``(E) the case numbers for the civil actions in which
discrimination or retaliation has been found.''.
(e) Data to Be Posted by the Equal Employment Opportunity
Commission.--Section 302(b) of the Notification and Federal
Employee Antidiscrimination and Retaliation Act of 2002 (5
U.S.C. 2301 note) is amended by striking ``(10)'' and
inserting ``(11)''.
(f) Notification and Federal Employee Antidiscrimination
and Retaliation Act Amendments.--
(1) Notification requirements.--The Notification and
Federal Employee Antidiscrimination and Retaliation Act of
2002 (5 U.S.C. 2301 note) is amended by adding after section
206 the following:
``SEC. 207. COMPLAINT TRACKING.
``Not later than 1 year after the date of enactment of the
Federal Employee Antidiscrimination Act of 2019, each Federal
agency shall establish a system to track each complaint of
discrimination arising under section 2302(b)(1) of title 5,
United States Code, and adjudicated through the Equal
Employment Opportunity process from inception to resolution
of the complaint, including whether a decision has been made
regarding necessary disciplinary action as the result of a
finding of discrimination.
``SEC. 208. NOTATION IN PERSONNEL RECORD.
``If a Federal agency takes an adverse action covered under
section 7512 of title 5, United States Code, against a
Federal employee for an act of discrimination or retaliation
prohibited by a provision of law covered by paragraph (1) or
(2) of section 201(a), the agency shall, after all appeals
relating to such action have been exhausted, include a
notation of the adverse action and the reason for the action
in the employee's personnel record.''.
(2) Processing and referral.--The Notification and Federal
Employee Antidiscrimination and Retaliation Act of 2002 (5
U.S.C. 2301 note) is amended by adding at the end the
following:
``TITLE IV--PROCESSING AND REFERRAL
``SEC. 401. PROCESSING AND RESOLUTION OF COMPLAINTS.
``Each Federal agency is responsible for the fair,
impartial processing and resolution of complaints of
employment discrimination and retaliation arising in the
Federal administrative process and shall establish a model
Equal Employment Opportunity Program that--
``(1) is not under the control, either structurally or
practically, of a Human Capital or General Counsel office;
``(2) is devoid of internal conflicts of interest and
ensures fairness and inclusiveness within the organization;
and
``(3) ensures the efficient and fair resolution of
complaints alleging discrimination or retaliation.
``SEC. 402. NO LIMITATION ON HUMAN CAPITAL OR GENERAL COUNSEL
ADVICE.
``Nothing in this title shall prevent a Federal agency's
Human Capital or General Counsel office from providing advice
or counsel to Federal agency personnel on the processing and
resolution of a complaint, including providing legal
representation to a Federal agency in any proceeding.
``SEC. 403. HEAD OF PROGRAM REPORTS TO HEAD OF AGENCY.
``The head of each Federal agency's Equal Employment
Opportunity Program shall report directly to the head of the
agency.
``SEC. 404. REFERRALS OF FINDINGS OF DISCRIMINATION.
``(a) EEOC Findings of Discrimination.--Not later than 30
days after the Equal Employment Opportunity Commission issues
an appellate decision involving a finding of discrimination
or retaliation within a Federal agency, the Commission shall
refer the matter to the Office of Special Counsel.
``(b) Referrals to Special Counsel.--The Office of Special
Counsel shall accept and review a referral from the
Commission under subsection (a) for purposes of seeking
disciplinary action under its authority against a Federal
employee who commits an act of discrimination or retaliation.
``(c) Notification.--The Office of Special Counsel shall
notify the Commission in a case in which the Office of
Special Counsel initiates disciplinary action.
``(d) Special Counsel Approval.--A Federal agency may not
take disciplinary action against a Federal employee for an
alleged act of discrimination or retaliation referred by the
Commission under this section except in accordance with the
requirements of section 1214(f) of title 5, United States
Code.''.
(3) Conforming amendments.--The table of contents in
section 1(b) of the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301
note) is amended--
(A) by inserting after the item relating to section 206 the
following:
``Sec. 207. Complaint tracking.
``Sec. 208. Notation in personnel record.'';
and
(B) by adding at the end the following:
``TITLE IV--PROCESSING AND REFERRAL
``Sec. 401. Processing and resolution of complaints.
``Sec. 402. No limitation on Human Capital or General Counsel advice.
``Sec. 403. Head of Program reports to head of agency.
``Sec. 404. Referrals of findings of discrimination.''.
(g) Nondisclosure Agreement Limitation.--Section 2302(b) of
title 5, United States Code, is amended--
(1) in paragraph (13)--
(A) by inserting ``or the Office of Special Counsel'' after
``Inspector General'';
(B) by striking ``implement'' and inserting ``(A)
implement''; and
(C) by striking the period that follows the quoted material
and inserting ``; or''; and
(2) by adding after subparagraph (A), as added by paragraph
(1)(B), and preceding the flush left matter that follows
paragraph (13), the following:
``(B) implement or enforce any nondisclosure policy, form,
or agreement, if such policy, form, or agreement prohibits or
restricts an employee from disclosing to Congress, the Office
of Special Counsel, or an Office of the Inspector General any
information that relates to any violation of any law, rule,
or regulation, or mismanagement, a gross waste of funds, an
abuse of authority, or a substantial, and specific danger to
public health or safety, or any other whistleblower
protection.''.
SEC. 1111. MODIFICATION OF DIRECT HIRE AUTHORITIES FOR THE
DEPARTMENT OF DEFENSE.
(a) In General.--Section 9905 of title 5, United States
Code, is amended--
(1) in subsection (a)--
(A) by amending paragraph (2) to read as follows:
``(2) Any cyber workforce position.''; and
(B) by adding afer paragraph (4) the following:
``(5) Any scientific, technical, engineering, or
mathematics positions, including technicians, within the
defense acquisition workforce, or any category of acquisition
positions within the Department designated by the Secretary
as a shortage or critical need category.
``(6) Any scientific, technical, engineering, or
mathematics position, except any such position within any
defense Scientific and Technology Reinvention Laboratory, for
which a qualified candidate is required to possess a
bachelor's degree or an advanced degree, or for which a
veteran candidate is being considered.
``(7) Any category of medical or health professional
positions within the Department designated by the Secretary
as a shortage category or critical need occupation.
``(8) Any childcare services position for which there is a
critical hiring need and a shortage of childcare providers.
``(9) Any financial management, accounting, auditing,
actuarial, cost estimation, operational research, or business
or business administration position, for which a qualified
candidate is required to possess a finance, accounting,
management or actuarial science degree or a related degree,
or a related degree equivalent experience.
``(10) Any position, as determined by the Secretary, for
the purpose of assisting and facilitating the efforts of the
Department in business transformation and management
innovation.''; and
(2) by striking subsection (b) and inserting the following:
``(b) Sunset.--
``(1) In general.--Except as provided in paragraph (2),
effective on September 30, 2025, the authority provided under
subsection (a) shall expire.
``(2) Exception.--Paragraph (1) shall not apply to the
authority provided under subsection (a) to make appointments
to positions described under paragraph (5) of such
subsection.
``(c) Suspension of Other Hiring Authorities.--During the
period beginning on the effective date of the regulations
issued to carry out the hiring authority with respect to
positions described in paragraphs (5) through (10) of
subsection (a) and ending on the date described in subsection
(b)(1), the Secretary of Defense may not exercise or
otherwise use any hiring authority provided under the
following provisions of law:
``(1) Sections 1599c(a)(2) and 1705(h) of title 10.
``(2) Sections 1112 and 1113 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92;
129 Stat. 1033).
[[Page H5431]]
``(3) Sections 1110 and 1643(a)(3) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2450 and 2602).
``(4) Sections 559 and 1101 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-
91).''.
(b) Report.--
(1) In general.--Not later than February 1, 2021, the
Secretary of Defense, in coordination with the Director of
the Office of Personnel Management, shall contract with a
Federally funded research and development center to submit a
report to the congressional defense committees and the
Committee on Oversight and Reform of the House of
Representatives.
(2) Contents.--The report required under paragraph (1)
shall--
(A) assess and identify steps that could be taken to
improve the competitive hiring process at the Department and
ensure that direct hiring is conducted in a manner consistent
with ensuring a merit based civil service and a diverse
workforce in the Department and the rest of the Federal
Government; and
(B) consider the feasibility and desirability of using
cohort hiring, or hiring ``talent pools'', instead of
conducting all hiring on a position-by-position basis.
(3) Other matters.--The Federally funded research and
development center selected to carry out the report under
this subsection shall, in preparing such report, consult with
all stakeholders, public sector unions, hiring managers,
career agency, and Office of Personnel Management personnel
specialists, and survey public sector employees and job
applicants, when developing its analysis and recommendations.
SEC. 1112. PERMITTED DISCLOSURES BY WHISTLEBLOWERS.
(a) Recipients of Whistleblower Disclosures.--Section
2302(b)(8)(B) of title 5, United States Code, is amended by
striking ``or to the Inspector'' and all that follows through
``such disclosures'' and inserting ``the Inspector General of
an agency, a supervisor in the employee's direct chain of
command up to and including the head of the employing agency,
or to an employee designated by any of the aforementioned
individuals for the purpose of receiving such disclosures''.
(b) Determination of Budgetary Effects.--The budgetary
effects of this section, for the purpose of complying with
the Statutory Pay-As-You-Go Act of 2010, shall be determined
by reference to the latest statement titled ``Budgetary
Effects of PAYGO Legislation'' for this section, submitted
for printing in the Congressional Record by the Chairman of
the House Budget Committee, provided that such statement has
been submitted prior to the vote on passage.
Subtitle B--Paid Family Leave for Federal Personnel
SEC. 1121. SHORT TITLE.
This subtitle may be cited as the ``Federal Employee Paid
Leave Act''.
SEC. 1122. PAID FAMILY LEAVE FOR FEDERAL EMPLOYEES COVERED BY
TITLE 5.
(a) In General.--Subsection (c) of section 6382 of title 5,
United States Code, is amended to read as follows:
``(c)(1) Leave granted under subsection (a) shall be paid
leave.
``(2)(A) An employee may elect to substitute for any leave
under such subsection any other paid leave which is available
to such employee for that purpose.
``(B) Subparagraph (A) shall not be construed to require
that an employee first use all or any portion of the other
paid leave described in such subparagraph before being
allowed to use leave under subsection (a).
``(3) Leave under subsection (a)--
``(A) shall be payable from any appropriation or fund
available for salaries or expenses for positions within the
employing agency;
``(B) shall not be considered to be annual or vacation
leave for purposes of section 5551 or 5552 or for any other
purpose; and
``(C) if not used by the employee before the end of the 12-
month period (as referred to in subsection (a)(1)) to which
it relates, shall not accumulate for any subsequent use.
``(4) The Director of the Office of Personnel Management--
``(A) may promulgate regulations to increase the amount of
leave available to an employee under subsection (a) to a
total of not more than 16 administrative workweeks, based on
the consideration of--
``(i) the benefits provided to the Federal Government of
increasing such leave, including enhanced recruitment and
retention of employees;
``(ii) the cost to the Federal Government of increasing the
amount of such leave that is available to employees;
``(iii) trends in the private sector and in State and local
governments with respect to offering such leave;
``(iv) the Federal Government's role as a model employer;
``(v) the impact of increased leave under subsection (a) on
lower-income and economically disadvantaged employees and
their children; and
``(vi) such other factors as the Director considers
necessary; and
``(B) shall prescribe any regulations necessary to carry
out this subsection, including the manner in which an
employee may designate any day or other period as to which
such employee wishes to use leave under subsection (a).''.
(b) Effective Date.--The amendment made by this section
shall not be effective with respect to any birth or placement
occurring before October 1, 2020.
SEC. 1123. PAID FAMILY LEAVE FOR CONGRESSIONAL EMPLOYEES.
(a) Amendments to Congressional Accountability Act.--
Section 202 of the Congressional Accountability Act of 1995
(2 U.S.C. 1312) is amended--
(1) in subsection (a)(1), by adding at the end the
following: ``In applying section 102(a)(1) of such Act to
covered employees, subsection (d) shall apply.'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (c) the following:
``(d) Special Rule for Paid Family Leave for Congressional
Employees.--
``(1) In general.--Any leave taken by a covered employee
under section 102(a)(1) of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2612(a)(1)) shall be paid leave.
``(2) Amount of paid leave.--The paid leave that is
available to a covered employee for purposes of paragraph (1)
is--
``(A) the number of weeks of paid family leave in
connection with the birth or placement involved that
correspond to the number of administrative workweeks of paid
family leave available to Federal employees under section
6382(d)(3)(A) of title 5, United States Code; and
``(B) any additional paid vacation or sick leave provided
by the employing office to such employee.
``(3) Substitution.--An employee may elect to substitute
for any leave under such section 102(a)(1) any other paid
leave which is available to such employee for that purpose.
The previous sentence shall not be construed to require that
an employee first use all or any portion of the other paid
leave before being allowed to use the paid family leave
described in this subsection.
``(4) Additional rules.--Paid family leave under this
subsection--
``(A) shall be payable from any appropriation or fund
available for salaries or expenses for positions within the
employing office; and
``(B) if not used by the covered employee before the end of
the 12-month period (as referred to in section 102(a)(1) of
the Family and Medical Leave Act of 1993 (29 U.S.C.
2612(a)(1))) to which it relates, shall not accumulate for
any subsequent use.''.
(b) Effective Date.--The amendment made by this section
shall not be effective with respect to any birth or placement
occurring before October 1, 2020.
SEC. 1124. CONFORMING AMENDMENT TO FAMILY AND MEDICAL LEAVE
ACT FOR GAO EMPLOYEES.
(a) Amendment to Family and Medical Leave Act of 1993.--
Section 102(d) of the Family and Medical Leave Act of 1993
(29 U.S.C. 2612(d)) is amended by adding at the end the
following:
``(3) Special rule for gao employees.--
``(A) In general.--Any leave under subsection (a)(1) taken
by an employee of the Government Accountability Office shall
be paid leave.
``(B) Amount of paid leave.--The paid leave that is
available to such an employee for purposes of subparagraph
(A) is--
``(i) the number of weeks of paid family leave in
connection with the birth or placement involved that
correspond to the number of administrative workweeks of paid
family leave available to Federal employees under section
6382(d)(3)(A) of title 5, United States Code; and
``(ii) any additional paid vacation or sick leave provided
by such employer.
``(C) Substitution.--An employee may elect to substitute
for any leave under subsection (a)(1) any other paid leave
which is available to such employee for that purpose. The
previous sentence shall not be construed to require that an
employee first use all or any portion of the other paid leave
before being allowed to use the paid family leave described
in this subsection.
``(D) Additional rules.--Paid family leave under subsection
(a)(1)--
``(i) shall be payable from any appropriation or fund
available for salaries or expenses for positions with the
Government Accountability Office; and
``(ii) if not used by the employee of such employer before
the end of the 12-month period (as referred to in subsection
(a)(1)) to which it relates, shall not accumulate for any
subsequent use.''.
(b) Effective Date.--The amendment made by this section
shall not be effective with respect to any birth or placement
occurring before October 1, 2020.
SEC. 1125. CLARIFICATION FOR MEMBERS OF THE NATIONAL GUARD
AND RESERVES.
(a) Executive Branch Employees.--For purposes of
determining the eligibility of an employee who is a member of
the National Guard or Reserves to take leave under section
6382(a) of title 5, United States Code, or to substitute such
leave pursuant to paragraph (2) of such section (as added by
section 1122), any service by such employee on active duty
(as defined in section 6381(7) of such title) shall be
counted as service as an employee for purposes of section
6381(1)(B) of such title.
(b) Congressional Employees.--For purposes of determining
the eligibility of a covered employee (as such term is
defined in section 101(3) of the Congressional Accountability
Act) who is a member of the National Guard or Reserves to
take leave under section 102(a)(1) of the Family and Medical
Leave Act of 1993 (pursuant to section 202(a)(1) of the
Congressional Accountability Act), or to substitute such
leave pursuant to subsection (d) of section 202 of such Act
(as added by section 1123), any service by such employee on
active duty (as defined in section 101(14) of the Family and
Medical Leave Act of 1993) shall be counted as time during
which such employee has been employed in an employing office
for purposes of section 202(a)(2)(B) of the Congressional
Accountability Act.
(c) GAO Employees.--For purposes of determining the
eligibility of an employee of the Government Accountability
Office who is a member of the National Guard or Reserves to
take leave under section 102(a)(1) of the Family and Medical
Leave Act of 1993, or to substitute such
[[Page H5432]]
leave pursuant to paragraph (3) of section 102(d) of such Act
(as added by section 1124), any service by such employee on
active duty (as defined in section 101(14) of such Act) shall
be counted as time during which such employee has been
employed for purposes of section 101(2)(A) of such Act.
SEC. 1126. CONFORMING AMENDMENT FOR CERTAIN TSA EMPLOYEES.
Section 111(d)(2) of the Aviation and Transportation
Security Act (49 U.S.C. 44935 note) is amended to read as
follows
``(2) Exceptions.--
``(A) Reemployment.--In carrying out the functions
authorized under paragraph (1), the Under Secretary shall be
subject to the provisions set forth in chapter 43 of title
38, United States Code.
``(B) Leave.--The provisions of section 6382(a)(1) of title
5, United States Code, and subsection (c) of such section
shall apply to any individual appointed under paragraph
(1).''.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
SEC. 1201. MODIFICATION OF AUTHORITY TO BUILD CAPACITY OF
FOREIGN SECURITY FORCES.
(a) Authority.--Subsection (a)(7) of section 333 of title
10, United States Code, is amended by inserting ``existing''
before ``international coalition operation''.
(b) Notice and Wait on Activities Under Programs.--
Subsection (e) of such section is amended by adding at the
end the following:
``(9) In the case of a program described in subsection
(a)(7), each of the following:
``(A) A description of whether assistance under the program
could be provided pursuant to other authorities under this
title, the Foreign Assistance Act of 1961, or any other train
and equip authorities of the Department of Defense.
``(B) An identification of each such authority described in
subparagraph (A).''.
SEC. 1202. MODIFICATION AND EXTENSION OF CROSS SERVICING
AGREEMENTS FOR LOAN OF PERSONNEL PROTECTION AND
PERSONNEL SURVIVABILITY EQUIPMENT IN COALITION
OPERATIONS.
Section 1207 of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year
2015 (10 U.S.C. 2342 note) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(2) by inserting after subsection (c) the following:
``(d) Reports to Congress.--If the authority provided under
this section is exercised during a fiscal year, the Secretary
of Defense shall, with the concurrence of the Secretary of
State, submit to the appropriate committees of Congress a
report on the exercise of such authority by not later than
October 30 of the year in which such fiscal year ends. Each
report on the exercise of such authority shall specify the
recipient country of the equipment loaned, the type of
equipment loaned, and the duration of the loan of such
equipment.''; and
(3) in subsection (f), as redesignated, by striking
``September 30, 2019'' and inserting ``December 31, 2024''.
SEC. 1203. MODIFICATION OF QUARTERLY REPORT ON OBLIGATION AND
EXPENDITURE OF FUNDS FOR SECURITY COOPERATION
PROGRAMS AND ACTIVITIES.
Section 381(b) of title 10, United States Code, is amended
by striking ``30 days'' and inserting ``60 days''.
SEC. 1204. INTEGRATION OF GENDER PERSPECTIVES AND MEANINGFUL
PARTICIPATION BY WOMEN IN SECURITY COOPERATION
AUTHORITIES.
Section 333(c)(3) of title 10, United States Code, is
amended--
(1) in the heading, by inserting ``the integration of
gender perspectives and meaningful participation by women,''
after ``fundamental freedoms,''; and
(2) in the text, by inserting ``the integration of gender
perspectives and meaningful participation by women,'' after
``fundamental freedoms,''.
Subtitle B--Matters Relating to Afghanistan and Pakistan
SEC. 1211. EXTENSION AND MODIFICATION OF AUTHORITY FOR
REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR
SUPPORT PROVIDED TO UNITED STATES MILITARY
OPERATIONS.
(a) Extension.--Subsection (a) of section 1233 of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110- 181; 122 Stat. 393) is amended in the matter
preceding paragraph (1) by striking ``October 1, 2018, and
ending on December 31, 2019'' and inserting ``October 1,
2019, and ending on December 31, 2020''.
(b) Modification to Limitation.--Subsection (d)(1) of such
section is amended--
(1) by striking ``October 1, 2018, and ending on December
31, 2019'' and inserting ``October 1, 2019, and ending on
December 31, 2020''; and
(2) by striking ``$350,000,000'' and inserting
``$450,000,000''.
SEC. 1212. MODIFICATION AND EXTENSION OF AFGHAN SPECIAL
IMMIGRANT VISA PROGRAM.
(a) Principal Aliens.--Subclause (I) of section
602(b)(2)(A)(ii) of the Afghan Allies Protection Act of 2009
(8 U.S.C. 1101 note) is amended to read as follows:
``(I) by, or on behalf of, the United States Government;
or''.
(b) Extension of Afghan Special Immigrant Program.--Section
602(b)(3)(F) of the Afghan Allies Protection Act of 2009 (8
U.S.C. 1101 note) is amended--
(1) in the heading, by striking ``2015, 2016, and 2017''
and inserting ``2015 through 2020'';
(2) in the matter preceding clause (i), by striking
``18,500'' and inserting ``18,870'';
(3) in clause (i), by striking ``December 31, 2020'' and
inserting ``December 31, 2021''; and
(4) in clause (ii), by striking ``December 31, 2020'' and
inserting ``December 31, 2021''.
SEC. 1213. EXTENSION OF AUTHORITY TO TRANSFER DEFENSE
ARTICLES AND PROVIDE DEFENSE SERVICES TO THE
MILITARY AND SECURITY FORCES OF AFGHANISTAN.
(a) Extension of Authority.--Subsection (h) of section 1222
of the National Defense Authorization Act for Fiscal Year
2013 (Public Law 112-239; 126 Stat. 1992) is amended by
striking ``December 31, 2020'' and inserting ``December 31,
2022''.
(b) Excess Defense Articles.--Subsection (i)(2) of such
section is amended by striking ``December 31, 2020'' each
place it appears and inserting ``December 31, 2022''.
SEC. 1214. EXTENSION AND MODIFICATION OF AUTHORITY TO ACQUIRE
PRODUCTS AND SERVICES PRODUCED IN COUNTRIES
ALONG A MAJOR ROUTE OF SUPPLY TO AFGHANISTAN.
(a) Termination of Authority.--Subsection (f) of section
801 of the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84; 123 Stat. 2399) is amended by
striking ``December 31, 2019'' and inserting ``December 31,
2021''.
(b) Report on Authority.--Such section, as so amended, is
further amended by adding at the end the following:
``(g) Report on Authority.--
``(1) In general.--Not later than March 1, 2020, and March
1, 2021, the Secretary of Defense shall submit to the
appropriate congressional committees a report on the use of
the authority provided in subsection (a). The report shall
address, at a minimum, the following:
``(A) The number of determinations made by the Secretary
pursuant to subsection (b).
``(B) A description of the products and services acquired
using the authority.
``(C) The extent to which the use of the authority has met
the objectives of subparagraph (A), (B), or (C) of subsection
(b)(2).
``(D) A list of the countries providing products or
services as a result of a determination made pursuant to
subsection (b).
``(2) Appropriate congressional committees defined.--For
purposes of this subsection, the term `appropriate
congressional committees' means--
``(A) the congressional defense committees; and
``(B) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate.''.
SEC. 1215. AUTHORITY FOR CERTAIN PAYMENTS TO REDRESS INJURY
AND LOSS IN AFGHANISTAN, IRAQ, SYRIA, SOMALIA,
LIBYA, AND YEMEN.
(a) Authority.--During the period beginning on the date of
the enactment of this Act and ending on December 31, 2020,
not more than $5,000,000, to be derived from funds authorized
to be appropriated to the Office of the Secretary of Defense
under the Operation and Maintenance, Defense-wide account,
may be made available for ex gratia payments for damage,
personal injury, or death that is incident to combat
operations of the United States Armed Forces in Afghanistan,
Iraq, Syria, Somalia, Libya, and Yemen.
(b) Notice.--The Secretary of Defense shall, upon each
exercise of the authority in this subsection, submit to the
congressional defense committees a report setting forth the
following:
(1) The amount that will be used for payments pursuant to
this subsection.
(2) The manner in which claims for payments shall be
verified.
(3) The officers or officials who shall be authorized to
approve claims for payments.
(4) The manner in which payments shall be made.
(c) Authorities Applicable to Payment.--Any payment made
pursuant to this subsection shall be made in accordance with
the authorities and limitations in section 8121 of the
Department of Defense Appropriations Act, 2015 (division C of
Public Law 113-235), other than subsection (h) of such
section.
SEC. 1216. EXTENSION OF SEMIANNUAL REPORT ON ENHANCING
SECURITY AND STABILITY IN AFGHANISTAN.
Section 1225 of the Carl Levin and Howard P. ``Buck''
McKeon National Defense Authorization Act for Fiscal Year
2015 (Public Law 113-291; 128 Stat. 3558) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``December 15, 2020'' and
inserting ``December 15, 2022''; and
(B) by amending paragraph (3) to read as follows:
``(3) Form.--Each report required under paragraph (1) shall
be submitted in unclassified form without any designation
relating to dissemination control, but may include a
classified annex.''; and
(2) in subsection (b)--
(A) by inserting ``, to include the progress of the
Government of Afghanistan on securing Afghan territory and
population,'' after ``the current security conditions in
Afghanistan''; and
(B) by striking ``and the Haqqani Network'' and inserting
``the Haqqani Network, and the Islamic State of Iraq and
Syria Khorasan''.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
SEC. 1221. MODIFICATION OF AUTHORITY TO PROVIDE ASSISTANCE TO
COUNTER THE ISLAMIC STATE OF IRAQ AND SYRIA.
(a) Limitation on Availability of Authority.--Of the
amounts made available for fiscal year 2020 pursuant to the
authorization in section 1236 of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-
[[Page H5433]]
291; 128 Stat. 3558), as amended by this section, not more
than 70 percent may be obligated or expended until the date
on which the Secretary of Defense submits to the
congressional defense committees, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Foreign Relations of the Senate a report in unclassified
form, that may include a classified annex, that includes each
of the following:
(1) Any updates to or changes in the plan, strategy,
process, vetting requirements and process as described in
subsection (e) of such section 1236, and end-use monitoring
mechanisms and procedures.
(2) A description of how attacks against United States or
coalition personnel are being mitigated, statistics on any
such attacks, including ``green-on-blue'' attacks.
(3) A description of the forces receiving assistance
authorized under subsection (a) of such section 1236.
(4) A description of the recruitment, throughput, and
retention rates of recipients and equipment.
(5) A description of any misuse or loss of provided
equipment and how such misuse or loss is being mitigated.
(6) An assessment of the operational effectiveness of the
forces receiving assistance authorized under subsection (a)
of such section 1236.
(7) A description of sustainment support provided to the
forces authorized under subsection (a) of such section 1236.
(8) A list of new projects for construction, repair, or
renovation commenced during the period covered by such
progress report, and a list of projects for construction,
repair, or renovation continuing from the period covered by
the preceding progress report.
(9) A statement of the amount of funds expended during the
period for which the report is submitted.
(10) An assessment of the effectiveness of the assistance
authorized under subsection (a) of such section 1236.
(11) A list of the forces or elements of forces that are
restricted from receiving assistance under subsection (a) of
such section 1236, other than the forces or elements of
forces with respect to which the Secretary of Defense has
exercised the waiver authority under subsection (j) of such
section 1236, as a result of vetting required by subsection
(e) of such section 1236 or by section 2249e of title 10,
United States Code, and a detailed description of the reasons
for such restriction, including for each force or element, as
applicable, the following:
(A) Information relating to gross violation of human rights
committed by such force or element, including the time-frame
of the alleged violation.
(B) The source of the information described in subparagraph
(A) and an assessment of the veracity of the information.
(C) The association of such force or element with terrorist
groups or groups associated with the Government of Iran.
(D) The amount and type of any assistance provided to such
force or element by the Government of Iran.
(12) An assessment of--
(A) security in liberated areas in Iraq;
(B) the extent to which security forces trained and
equipped, directly or indirectly, by the United States are
prepared to provide post-conflict stabilization and security
in such liberated areas; and
(C) the effectiveness of security forces in the post-
conflict environment and an identification of which such
forces will provide post-conflict stabilization and security
in such liberated areas.
(13) A summary of available information relating to the
disposition of militia groups throughout Iraq, with
particular focus on groups in areas liberated from ISIS or in
sensitive areas with historically mixed ethnic or minority
communities.
(b) Funding.--Subsection (g) of section 1236 of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291;
128 Stat. 3558) is amended--
(1) by striking ``fiscal year 2019'' and inserting ``fiscal
year 2020''; and
(2) by striking ``$850,000,000'' and inserting
``$663,000,000''.
(c) Modification of Elements in Quarterly Progress
Reports.--Subsection (d) of such section 1236 is amended--
(1) in paragraph (11), by striking ``section 2249e of title
10, United States Code'' and inserting ``section 362 of title
10, United States Code''; and
(2) by adding at the end the following new paragraph:
``(13) A summary of available information relating to the
disposition of militia groups throughout Iraq, with
particular focus on groups in areas liberated from ISIS or in
sensitive areas with historically mixed ethnic or minority
communities.''.
(d) Clarification With Respect to Scope of Authority.--
(1) In general.--Subsection (j)(2) of such section 1236 is
amended to read as follows:
``(2) Scope of assistance authority.--Notwithstanding
paragraph (1), the authority granted by subsection (a) may
only be exercised in consultation with the Government of
Iraq.''.
(2) Technical correction.--The heading of subsection (j) of
such section 1236 is amended by inserting ``; Scope'' after
``Authority''.
(e) Technical Correction.--Subsection (c) of such section
1236 is amended in the matter preceding paragraph (1) by
striking ``subsection (a)(1)'' and inserting ``subsection
(b)(1)(A)''.
SEC. 1222. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ASSISTANCE TO THE VETTED SYRIAN OPPOSITION.
(a) In General.--Section 1209 of the Carl Levin and Howard
P. ``Buck'' McKeon National Defense Authorization Act for
Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3559) is
amended as follows:
(1) In subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``, appropriately vetted local security
forces in northeast Syria, including units of the Syrian
Democratic Forces and their associated counter-terrorism
units,'' after ``elements of the Syrian opposition''; and
(ii) by striking ``December 31, 2019'' and inserting
``December 31, 2020''.
(B) in paragraph (1), by inserting ``or previously
controlled by ISIL'' after ``Syrian opposition''.
(2) By amending subsection (b) to read as follows:
``(b) Notice Before Provision of Assistance.--Not later
than 15 days prior to each instance of the provision of
assistance under subsection (a), the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
appropriate congressional committees and leadership of the
House of Representatives and Senate a notification that
includes the following:
``(1) The plan for providing the assistance.
``(2) The requirements and process used to determine
appropriately vetted recipients with respect to the
assistance.
``(3) The mechanisms and procedures that will be used to
monitor and report to the appropriate congressional
committees and leadership of the House of Representatives and
Senate on unauthorized end-use of provided training and
equipment or other violations of relevant law by
appropriately vetted recipients.
``(4) The amount, type, and purpose of assistance to be
funded and the recipient of the assistance.
``(5) The budget and implementation timeline, with
milestones and anticipated delivery schedule for the
assistance.
``(6) A description of any material use of assistance
previously provided under subsection (a) to any appropriately
vetted recipient of such assistance for a purpose other than
the purposes specified in subsection (a) that occurred since
the most recent notification submitted by the Secretary
pursuant to this subsection, with a specific description of
the following:
``(A) The details of such material misuse.
``(B) The recipient or recipients responsible for such
material misuse.
``(C) The consequences of such material misuse.
``(D) The actions taken by the Secretary to remedy the
causes and effects of such material misuse.
``(7) The goals and objectives of the assistance.
``(8) The concept of operations, timelines, and types of
training, equipment, stipends, sustainment, construction, and
supplies to be provided.
``(9) The roles and contributions of partner nations.
``(10) The number and role of United States Armed Forces
personnel involved.
``(11) Any additional military support and sustainment
activities.
``(12) Any other relevant details.''.
(3) By amending subsection (c) to read as follows:
``(c) Form.--The notifications required by subsection (b)
shall be submitted in unclassified form but may include a
classified annex.''.
(4) By striking subsection (f) and inserting the following:
``(f) Restriction on Scope of Assistance in the Form of
Weapons.--
``(1) In general.--The Secretary may only provide
assistance in the form of weapons pursuant to the authority
under subsection (a) if such weapons are small arms,
including handguns, rifles and carbines, sub-machine guns, or
light machine guns.
``(2) Waiver.--The Secretary may waive the restriction
under paragraph (1) if the Secretary certifies to the
appropriate congressional committees that such provision of
law would (but for the waiver) impede national security
objectives of the United States by prohibiting, restricting,
delaying, or otherwise limiting the provision of assistance.
Such waiver shall not take effect until 15 days after the
date on which such certification is submitted to the
appropriate congressional committees.''.
(5) In subsection (g)--
(A) by inserting ``, at the end of the 15-day period
beginning on the date the Secretary notifies the
congressional defense committees of the amount, source, and
intended purpose of such contributions'' after ``as
authorized by this section''; and
(B) by striking ``operation and maintenance accounts'' and
all that follows through the end of the subsection and
inserting ``accounts.''.
(6) In subsection (k), by inserting ``, at the end of the
15-day period beginning on the date the Secretary notifies
the congressional defense committees of the amount,
recipient, and intended purpose of such assistance'' after
``authorized under this section''.
(7) In subsection (l)--
(A) by striking ``$10,000,000'' and inserting
``$20,000,000'';
(B) by adding at the end the following new sentence:
``Amounts accepted as contributions pursuant to the authority
in subsection (g) for construction and repair projects may be
expended without regard to the limitation under this
subsection.'';
(C) by striking ``Repair Projects.--The aggregate'' and
inserting . ``Repair Projects.--
``(1) In general.--The aggregate''; and
(D) by adding at the end the following:
``(2) Waiver.--The Secretary may waive the limitation under
paragraph (1) if the Secretary certifies to the appropriate
congressional committees that such provision of law would
(but
[[Page H5434]]
for the waiver) impede national security objectives of the
United States by prohibiting, restricting, delaying, or
otherwise limiting the provision of assistance. Such waiver
shall not take effect until 15 days after the date on which
such certification is submitted to the appropriate
congressional committees.''.
(8) By striking subsection (j).
(9) By redesignating subsections (k) through (m) (as
amended by this subsection) as subsections (j) through (l),
respectively.
(b) Effective Date and Availability of Authority.--
(1) In general.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this
section.
(2) Availability of authority.--Notwithstanding paragraph
(1), the Secretary may not provide assistance pursuant to the
authority provided by section 1209 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3559), as
amended by subsection (a) of this section, during the period
beginning on January 1, 2020, and ending on the date on which
each quarterly report required to be submitted pursuant to
subsection (d) of such section 1209, as of the date of the
enactment of this section, has been submitted.
SEC. 1223. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT
OPERATIONS AND ACTIVITIES OF THE OFFICE OF
SECURITY COOPERATION IN IRAQ.
(a) Extension of Authority.--Subsection (f)(1) of section
1215 of the National Defense Authorization Act for Fiscal
Year 2012 (10 U.S.C. 113 note) is amended by striking
``fiscal year 2019'' and inserting ``fiscal year 2020''.
(b) Amount Available.--Such section is further amended--
(1) in subsection (c), by striking ``fiscal year 2019'' and
inserting ``fiscal year 2020''; and
(2) in subsection (d), by striking ``fiscal year 2019'' and
inserting ``fiscal year 2020''.
(c) Limitation on Availability of Funds.--Of the amount
available for fiscal year 2020 for section 1215 of the
National Defense Authorization Act for Fiscal Year 2012, as
amended by this section, not more than an amount equal to 50
percent may be obligated or expended for the Office of
Security Cooperation in Iraq until the date on which the
Secretary of Defense certifies to the congressional defense
committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of
the Senate, that each of the following reforms relating to
that Office has been completed:
(1) The appointment of a Senior Defense Official/Defense
Attache to oversee the Office.
(2) The development of a Joint Service staffing plan to
reorganize the Office similar to that of other security
cooperation offices in the region, that places foreign area
officers in key leadership positions and closes duplicative
or extraneous sections.
(3) The planning and initiation of bilateral engagement
with the Government of Iraq for the purpose of establishing a
Joint Military Commission and the initiation and drafting of
a five-year security assistance roadmap for developing
strategic and sustainable military capacity and capabilities
for Iraq that includes a plan to reform Iraq's defense
industrial base and security sector by reducing corruption
and optimizing procurement.
SEC. 1224. PROHIBITION ON PROVISION OF WEAPONS AND OTHER
FORMS OF SUPPORT TO CERTAIN ORGANIZATIONS.
None of the funds authorized to be appropriated by this Act
or otherwise made available to the Department of Defense for
fiscal year 2020 may be used to knowingly provide weapons or
any other form of support to Al Qaeda, the Islamic State of
Iraq and Syria (ISIS), Jabhat Fateh al Sham, or any
individual or group affiliated with any such organization.
SEC. 1225. RULE OF CONSTRUCTION RELATING TO USE OF MILITARY
FORCE AGAINST IRAN.
Nothing in this Act or any amendment made by this Act may
be construed to authorize the use of military force against
Iran.
SEC. 1226. SENSE OF CONGRESS ON SUPPORT FOR MINISTRY OF
PESHMERGA FORCES OF THE KURDISTAN REGION OF
IRAQ.
It is the sense of Congress that--
(1) the United States led coalition and coalition enabled
partner forces, including Ministry of Peshmerga forces of the
Kurdistan Region of Iraq and Iraqi Security Forces (ISF),
have made significant gains in liberating all territory in
Iraq from Islamic State of Iraq and Syria (ISIS) control and
disrupting ISIS safe havens and networks;
(2) nevertheless, ISIS is regenerating key functions and
capabilities in Iraq, and ISIS elements will continue to
exist in Iraq for the foreseeable future;
(3) ISIS will attempt to rebuild combat power through
clandestine networks providing sanctuary, and ISIS will
continue to attempt to conduct insurgent-type activities
while simultaneously recruiting and training fighters,
establishing facilitation networks, and attempting to remain
relevant in the information domain;
(4) the Ministry of Peshmerga forces of the Kurdistan
Region of Iraq made significant contributions and sacrifices
in the United States-led campaign to degrade, dismantle, and
destroy ISIS; and
(5) the Department of Defense and the Department of State
should continue to work with and support the non-partisan
forces of the Ministry of Peshmerga of the Kurdistan Region
of Iraq in order to continue to develop their capabilities,
promote security sector reforms, and enhance sustainability
and interoperability with the other elements of the Iraqi
security forces in order to provide for Iraq's lasting
security against terrorist threats.
Subtitle D--Matters Relating to Russia
SEC. 1231. PROHIBITION ON THE USE OF FUNDS TO SUSPEND,
TERMINATE, OR WITHDRAW THE UNITED STATES FROM
THE OPEN SKIES TREATY.
(a) Findings.--Congress finds the following:
(1) Since 1992, the United States has supported the Open
Skies Treaty with dedicated aircraft and observation mission
teams, conducting several hundred training and observation
missions with other countries.
(2) This commitment by the United States has helped to
confirm and refine operational procedures, to improve
implementation and effectiveness of the Open Skies Treaty,
and provide United States leadership and engagement
opportunities that have supported broader objectives and
improved European transparency.
(3) The Open Skies Treaty provides signatories with the
ability to gather information through aerial imaging on
military forces and activities of concern to them which
contributes to greater transparency and stability in the
Euro-Atlantic region, which benefits both the United States
and United States allies and partners.
(4) In order to maximize United States benefits from the
Open Skies Treaty, the United States needs to recapitalize
and modernize its aircraft and sensors, and the ongoing work
to certify the Digital Visual Imaging System and the new
effort for the Open Skies Treaty Aircraft Recapitalization
(OSTAR) are critical to United States leadership and
involvement in the Treaty.
(5) The current 1960s-era United States aircraft used with
respect to the Open Skies Treaty are ill-suited to extreme
operating environments in Russia and experience regular,
unplanned maintenance issues, often resulting in mission
delays or cancellations.
(6) The OSTAR effort will provide a United States aircraft
capability that allows the United States to fully implement
the goals and objectives of the Open Skies Treaty.
(7) The United States also demonstrated in December 2018,
along with United States allies of Canada, the United
Kingdom, France, Germany, and Romania, that Open Skies Treaty
mechanisms can be used during times of crisis.
(8) Following Russia's unprovoked attack on Ukrainian
vessels near the Kerch Strait, the United States and United
States allies conducted an ``extraordinary'' Open Skies
Treaty observation mission over Ukraine to reaffirm
commitment to Ukraine.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should forcefully address Russian
violations of its obligations under the Open Skies Treaty;
and
(2) due to the significant benefits that observation
missions under the Open Skies Treaty provide to the United
States and United States allies, the United States should
commit to continued participation in the Treaty.
(c) Prohibition.--
(1) In general.--Except as provided in paragraph (2), none
of the funds authorized to be appropriated by this Act or
otherwise made available to the Department of Defense for
fiscal year 2020 may be obligated or expended to take any
action to suspend, terminate, or withdraw the United States
from the Open Skies Treaty.
(2) Exception.--The prohibition in paragraph (1) shall not
apply if the Secretary of Defense and the Secretary of State
jointly determine and certify to the congressional defense
committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of
the Senate, that--
(A) Russia is in material breach of its obligations under
the Open Skies Treaty and is not taking steps to return to
compliance with such obligations, and all other state parties
to the Open Skies Treaty concur in such determination of the
Secretaries; or
(B) withdrawing from the Open Skies Treaty would be in the
best interests of United States national security and the
other state parties to the Open Skies Treaty have been
consulted with respect to such withdrawal.
(d) Repeal of Limitation on Use of Funds to Vote to Approve
or Otherwise Adopt Any Implementing Decision of the Open
Skies Consultative Commission and Modifications to Report.--
(1) In general.--Section 1236 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2491) is amended--
(A) by striking subsections (a) and (b); and
(B) by redesignating subsections (c), (d), (e), and (f) as
subsections (a), (b), (c), and (d), respectively.
(2) Modifications to report.--Subsection (a) of such
section, as so redesignated, is amended--
(A) in the heading, by striking ``Quarterly'' and inserting
``Bi-annual'';
(B) in paragraph (1)--
(i) by inserting ``the Secretary of State,'' before ``the
Secretary of Energy'';
(ii) by striking ``quarterly basis'' and inserting ``bi-
annual basis'';
(iii) by striking ``by the Russian Federation over the
United States'' and inserting ``by all parties to the Open
Skies Treaty, including the United States, under the
Treaty''; and
(iv) by striking ``calendar quarter'' and inserting
``preceding 6-month period''; and
(C) in paragraph (2), by striking subparagraphs (B), (C),
and (D) and inserting the following:
``(B) In the case of an observation flight by the United
States, including an observation flight over the territory of
Russia--
``(i) an analysis of data collected that supports United
States intelligence and military collection goals; and
``(ii) an assessment of data collected regarding military
activity that could not be collected through other means.
[[Page H5435]]
``(C) In the case of an observation flight over the
territory of the United States--
``(i) an analysis of whether and the extent to which any
United States critical infrastructure was the subject of
image capture activities of such observation flight;
``(ii) an estimate for the mitigation costs imposed on the
Department of Defense or other United States Government
agencies by such observation flight; and
``(iii) assessment of how such information is used by party
conducting the observation flight, for what purpose, and how
the information fits into the overall collection posture.''.
(3) Form.--Subsection (c) of such section, as so
redesignated, is amended by striking ``certification, report,
and notice'' and inserting ``report''.
(4) Definitions.--Subsection (d) of such section, as so
redesignated, is amended--
(A) by striking paragraphs (3) and (6); and
(B) by redesignating paragraphs (4), (5), and (7) as
paragraphs (3), (4), and (5), respectively.
(e) Open Skies: Implementation Plan.--Section 1235(a) of
the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 1660) is amended--
(1) in paragraph (1)--
(A) by striking ``during such fiscal year'' and inserting
``during a calendar year''; and
(B) by striking ``the President submits'' and all that
follows and inserting ``the Secretary of Defense provides to
the appropriate congressional committees a briefing on a plan
described in paragraph (2) with respect to such calendar
year.'';
(2) in paragraph (2), by striking ``such fiscal year'' and
inserting ``such calendar year''; and
(3) in paragraph (3), by striking ``a fiscal year and
submit the updated plan'' and inserting ``a calendar year and
provide a briefing on the updated plan''.
(f) Definition of Open Skies Treaty; Treaty.--In this
section, the term ``Open Skies Treaty'' or ``Treaty'' means
the Treaty on Open Skies, done at Helsinki March 24, 1992,
and entered into force January 1, 2002.
SEC. 1232. EXTENSION OF LIMITATION ON MILITARY COOPERATION
BETWEEN THE UNITED STATES AND RUSSIA.
Section 1232(a) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2488), is
amended by striking ``or 2019'' and inserting ``, 2019, or
2020''.
SEC. 1233. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO
SOVEREIGNTY OF RUSSIA OVER CRIMEA.
(a) Prohibition.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2020 for the Department of Defense may be
obligated or expended to implement any activity that
recognizes the sovereignty of Russia over Crimea.
(b) Waiver.--The Secretary of Defense, with the concurrence
of the Secretary of State, may waive the restriction on the
obligation or expenditure of funds required by subsection (a)
if the Secretary--
(1) determines that to do so is in the national security
interest of the United States; and
(2) submits a notification of the waiver, at the time the
waiver is invoked, to the Committee on Armed Services and the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 1234. MODIFICATION AND EXTENSION OF UKRAINE SECURITY
ASSISTANCE INITIATIVE.
Section 1250 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1068) is
amended--
(1) in subsection (a), by striking ``in coordination with
the Secretary of State'' and inserting ``with the concurrence
of the Secretary of State'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``50 percent of the funds
available for fiscal year 2019 pursuant to subsection
(f)(4)'' and inserting ``50 percent of the funds available
for fiscal year 2020 pursuant to subsection (f)(5)''; and
(B) in paragraph (3), by striking ``fiscal year 2019'' and
inserting ``fiscal year 2020''; and
(C) in paragraph (5), by striking ``Of the funds available
for fiscal year 2019 pursuant to subsection (f)(4)'' and
inserting ``Of the funds available for fiscal year 2020
pursuant to subsection (f)(5)''; and
(3) in subsection (f), by adding at the end the following:
``(5) For fiscal year 2020, $250,000,000.''.
SEC. 1235. REPORT ON TREATIES RELATING TO NUCLEAR ARMS
CONTROL.
(a) Findings.--Congress finds the following:
(1) On October 24, 2018, the House Committee on Armed
Services and House Committee on Foreign Affairs wrote to the
Secretary of Defense requesting information regarding the
Administration's policies and strategies related to nuclear
arms control.
(2) The Committees did not receive the requested
information from the Secretary of Defense.
(b) Assessment Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense,
in consultation with the Secretary of State and the Director
of National Intelligence, shall submit to the Committee on
Armed Services, the Permanent Select Committee on
Intelligence, and the Committee on Foreign Affairs of the
House of Representatives and the Committee on Armed Services,
the Select Committee on Intelligence, and the Committee on
Foreign Relations of the Senate an assessment that includes
each of the following:
(1) The implications, in terms of military threat to the
United States or its allies in Europe, of Russian deployment
of intermediate-range cruise and ballistic missiles without
restriction.
(2) What new capabilities the United States might need in
order to pursue additional technologies or programs to offset
such Russian capabilities, and the costs associated with such
capabilities, technologies, and programs.
(3) An assessment of the threat to the United States of
Russia's strategic nuclear force in the event the New START
Treaty lapses.
(4) What measures could have been taken short of
withdrawal, including economic, military, and diplomatic
options, to increase pressure on Russia for violating the INF
Treaty.
(5) The status of all consultations with allies pertaining
to the INF Treaty and the threat posed by Russian forces that
are noncompliant with the obligations of such treaty.
(6) The impact that Russian withdrawal from the INF Treaty
and the expiration of the New START Treaty could have on
long-term United States-Russia strategic stability.
(c) Withholding of Funds.--Until the date of the submission
of the assessment required by subsection (b), an amount that
is equal to 20 percent of the total amount authorized to be
appropriated to the Office of the Secretary of Defense under
the Operations and Maintenance, Defense-Wide account for the
travel of persons shall be withheld from obligation or
expenditure.
(d) Definitions.--In this section:
(1) New start treaty.--The term ``New START Treaty'' means
the Treaty between the United States of America and the
Russian Federation on Measures for the Further Reduction and
Limitation of Strategic Offensive Arms, signed at Prague
April 8, 2010, and entered into force February 5, 2011.
(2) INF treaty.--The term ``INF Treaty'' means the Treaty
between the United States of America and the Union of Soviet
Socialist Republics on the Elimination of Their Intermediate-
Range and Shorter-Range Missiles, signed at Washington
December 8, 1987, and entered into force June 1, 1988.
SEC. 1236. SENSE OF CONGRESS ON UPDATING AND MODERNIZING
EXISTING AGREEMENTS TO AVERT MISCALCULATION
BETWEEN THE UNITED STATES AND RUSSIA.
It is the sense of Congress that, in order to strengthen
the defense of United States and its allies and partners in
Europe and avert the risk of miscalculation and unintended
escalation that could lead to a broader and dangerous
military catastrophe, the Secretary of Defense and Secretary
of State, in consultation with the commander of United States
European Command and Assistant Secretary of State for
European and Eurasian Affairs, should--
(1) pursue updating and modernizing the Agreement on the
prevention of incidents on and over the high seas (entered
into force with respect to the United States on May 25, 1972;
23 U.S.T. 1063);
(2) explore additional options to reduce the risk of
accidents in the air; and
(3) explore the possibility of updating the notifications
in the Vienna Document of the Organization for Security and
Cooperation in Europe with a view to reducing the risk that
the United States, the North Atlantic Treaty Organization, or
Russia might misinterpret a military exercise, including
pursuing greater use of the Vienna Document's provision that
provides for voluntary hosting of visits that seek to dispel
possible concern regarding military activities.
SEC. 1237. SENSE OF CONGRESS ON SUPPORT FOR GEORGIA.
(a) Findings.--Congress finds the following:
(1) Georgia is a valued friend of the United States and has
repeatedly demonstrated its commitment to advancing the
mutual interests of both countries, including the deployment
of Georgian forces as part of the former International
Security Assistance Force (ISAF) and the current Resolute
Support Mission led by the North Atlantic Treaty Organization
(NATO) in Afghanistan and the Multi-National Force in Iraq.
(2) The European Deterrence Initiative builds the
partnership capacity of Georgia so it can work more closely
with the United States and NATO, as well as provide for its
own defense.
(3) In addition to the European Deterrence Initiative,
Georgia's participation in the NATO initiative Partnership
for Peace is paramount to interoperability with the United
States and NATO, and establishing a more peaceful environment
in the region.
(4) Despite the losses suffered, as a NATO partner, Georgia
is committed to the Resolute Support Mission in Afghanistan
with the fourth-largest contingent on the ground.
(b) Sense of Congress.--Congress--
(1) reaffirms United States support for Georgia's
sovereignty and territorial integrity within its
internationally-recognized borders, and does not recognize
the independence of the Abkhazia and South Ossetia regions
currently occupied by the Russian Federation; and
(2) supports continued cooperation between the United
States and Georgia and the efforts of the Government of
Georgia to provide for the defense of its people and
sovereign territory.
SEC. 1238. SENSE OF CONGRESS ON SUPPORT FOR ESTONIA, LATVIA,
AND LITHUANIA.
(a) Findings.--Congress finds the following:
(1) The Baltic countries of Estonia, Latvia, and Lithuania
are highly valued allies of the United States, and they have
repeatedly demonstrated their commitment to advancing our
mutual interests as well as those of the NATO Alliance.
(2) Operation Atlantic Resolve is a series of exercises and
coordinating efforts demonstrating the United States'
commitment to its European partners and allies, including the
Baltic countries of Estonia, Latvia, and Lithuania, with the
shared goal of peace and stability in the region. Operation
Atlantic Resolve strengthens communication and understanding,
and is an
[[Page H5436]]
important effort to deter Russian aggression in the region.
(3) Through Operation Atlantic Resolve, the European
Deterrence Initiative undertakes exercises, training, and
rotational presence necessary to reassure and integrate our
allies, including the Baltic countries, into a common defense
framework.
(4) All three Baltic countries contributed to the NATO-led
International Security Assistance Force in Afghanistan,
sending troops and operating with few caveats. The Baltic
countries continue to commit resources and troops to the
Resolute Support Mission in Afghanistan.
(b) Sense of Congress.--Congress--
(1) reaffirms its support for the principle of collective
defense in Article 5 of the North Atlantic Treaty for our
NATO allies, including Estonia, Latvia, and Lithuania;
(2) supports the sovereignty, independence, territorial
integrity, and inviolability of Estonia, Latvia, and
Lithuania as well as their internationally recognized
borders, and expresses concerns over increasingly aggressive
military maneuvering by the Russian Federation near their
borders and airspace;
(3) expresses concern over and condemns subversive and
destabilizing activities by the Russian Federation within the
Baltic countries; and
(4) encourages the Administration to further enhance
defense cooperation efforts with Estonia, Latvia, and
Lithuania and supports the efforts of their Governments to
provide for the defense of their people and sovereign
territory.
Subtitle E--Matters Relating to the Indo-Pacific Region
SEC. 1241. MODIFICATION OF INDO-PACIFIC MARITIME SECURITY
INITIATIVE.
(a) Types of Assistance and Training.--Subsection (c)(2)(A)
of section 1263 of the National Defense Authorization Act for
Fiscal Year 2016 (10 U.S.C. 2282 note) is amended by
inserting ``the law of armed conflict, the rule of law, and''
after ``respect for''.
(b) Notice to Congress on Assistance and Training.--
Subsection (g)(1) of such section is amended--
(1) in subparagraph (A), by inserting at the end before the
period the following: ``, the specific unit or units whose
capacity to engage in activities under a program of
assistance or training to be provided under subsection (a)
will be built under the program, and the amount, type, and
purpose of the support to be provided'';
(2) by redesignating subparagraph (F) as subparagraph (J);
and
(3) by inserting after subparagraph (E) the following new
subparagraphs:
``(F) Information, including the amount, type, and purpose,
on assistance and training provided under subsection (a)
during the three preceding fiscal years, if applicable.
``(G) A description of the elements of the theater campaign
plan of the geographic combatant command concerned and the
interagency integrated country strategy that will be advanced
by the assistance and training provided under subsection (a).
``(H) A description of whether assistance and training
provided under subsection (a) could be provided pursuant to--
``(i) section 333 of title 10, United States Code, or other
security cooperation authorities of the Department of
Defense; or
``(ii) security cooperation authorities of the Department
of State.
``(I) An identification of each such authority described in
subparagraph (H).''.
(c) Annual Monitoring Reports.--Such section is amended--
(1) by redesignating subsection (h) as subsection (j); and
(2) by inserting after subsection (g) the following new
subsection:
``(h) Annual Monitoring Reports.--
``(1) In general.--Not later than December 31, 2019, and
annually thereafter, the Secretary of Defense shall submit to
the appropriate committees of Congress a report setting
forth, for the preceding calendar year, the following:
``(A) Information, by recipient foreign country, on the
status of funds allocated for assistance and training
provided under subsection (a), including funds allocated but
not yet obligated or expended.
``(B) Information, by recipient foreign country, on the
delivery and use of assistance and training provided under
subsection (a).
``(C) Information, by recipient foreign country, on the
timeliness of delivery of assistance and training provided
under subsection (a) as compared to the timeliness of
delivery of assistance and training previously provided to
the foreign country under subsection (a).
``(2) Appropriate committees of congress defined.--In this
subsection, the term `appropriate committees of Congress' has
the meaning given the term in subsection (g)(2).''.
(d) Limitations.--Such section, as so amended, is further
amended by inserting after subsection (h), as added by
subsection (c)(2), the following:
``(i) Limitations.--
``(1) Assistance otherwise prohibited by law.--The
Secretary of Defense may not use the authority in subsection
(a) to provide any type of assistance or training that is
otherwise prohibited by any provision of law.
``(2) Prohibition on assistance to units that have
committed gross violations of human rights.--The provision of
assistance and training pursuant to a program under
subsection (a) shall be subject to the provisions of section
362 of title 10, United States Code.
``(3) Assessment, monitoring, and evaluation of programs
and activities.--The provision of assistance and training
pursuant to a program under subsection (a) shall be subject
to the provisions of section 383 of title 10, United States
Code.''.
(e) Report.--
(1) In general.--Not later than January 31, 2020, the
Secretary of Defense, with the concurrence of the Secretary
of State, shall submit to the appropriate congressional
committees a report on the implementation of the Indo-Pacific
Maritime Security Initiative under section 1263 of the
National Defense Authorization Act for Fiscal Year 2016, as
amended by this section.
(2) Matters to be included.--The report required by
paragraph (1) shall include the following:
(A) Objectives of the Initiative, including--
(i) a discussion of United States security requirements
that are satisfied or enhanced under the Initiative; and
(ii) an assessment of progress toward each such objective
and the metrics used to assess such progress.
(B) A discussion of how the Initiative relates to,
complements, or overlaps with other United States security
cooperation and security assistance authorities.
(C) A description of the process and criteria by which the
utilization of each such authority or authorities described
in subparagraph (B) is determined.
(D) An assessment, by recipient foreign country, of--
(i) the country's capabilities relating to maritime
security and maritime domain awareness;
(ii) the country's capability enhancement priorities,
including how such priorities relate to the theater campaign
strategy, country plan, and theater campaign plan relating to
maritime security and maritime domain awareness;
(E) A discussion, by recipient foreign country, of--
(i) priority capabilities that the Department of Defense
plans to enhance under the Initiative and priority
capabilities the Department plans to enhance under separate
United States security cooperation and security assistance
authorities; and
(ii) the anticipated timeline for assistance and training
for each such capability.
(F) Information, by recipient foreign country, on the
delivery and use of assistance and training provided under
the Initiative.
(G) Any other matters the Secretary of Defense determines
should be included.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form without any designation
relating to dissemination control, but may include a
classified annex.
(4) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1242. EXTENSION AND MODIFICATION OF REPORT ON MILITARY
AND SECURITY DEVELOPMENTS INVOLVING NORTH
KOREA.
(a) Extension.--Subsection (a) of section 1236 of the
National Defense Authorization Act for Fiscal Year 2012
(Public Law 112-81; 125 Stat. 1641) is amended--
(1) by striking ``and November 1, 2017'' and inserting
``November 1, 2017, April 1, 2020, and April 1, 2021''; and
(2) by inserting ``(without any designation relating to
dissemination control)'' after ``unclassified''.
(b) Additional Matters to Be Included.--Subsection (b) of
such section is amended--
(1) by redesignating paragraph (8) as paragraph (9); and
(2) by inserting after paragraph (7) the following new
paragraph:
``(8) Developments in North Korea's nuclear program,
including the size and state of North Korea's stockpile of
nuclear weapons, its nuclear strategy and associated
doctrines, its civil and military production capacities, and
projections of its future arsenals.''.
SEC. 1243. LIMITATION ON USE OF FUNDS TO REDUCE THE TOTAL
NUMBER OF MEMBERS OF THE ARMED FORCES SERVING
ON ACTIVE DUTY WHO ARE DEPLOYED TO SOUTH KOREA.
None of the funds authorized to be appropriated by this Act
may be used to reduce the total number of members of the
Armed Forces serving on active duty who are deployed to South
Korea below 28,500 unless the Secretary of Defense first
certifies to the congressional defense committees the
following:
(1) Such a reduction is in the national security interest
of the United States and will not significantly undermine the
security of United States allies in the region.
(2) The Secretary has appropriately consulted with allies
of the United States, including South Korea and Japan,
regarding such a reduction.
SEC. 1244. REPORT ON DIRECT, INDIRECT, AND BURDEN-SHARING
CONTRIBUTIONS OF JAPAN AND SOUTH KOREA.
(a) In General.--Not later than March 1, 2020, and March 1,
2021, the Secretary of Defense shall submit to the
appropriate congressional committees a report on the direct,
indirect, and burden-sharing contributions of Japan and South
Korea to support overseas military installations of the
United States and United States Armed Forces deployed to or
permanently stationed in Japan and South Korea, respectively.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) The benefits to United States national security and
regional security derived from the forward presence of United
States Armed Forces in the Indo-Pacific region, including
Japan and South Korea.
(2) For calendar year 2016 and each subsequent calendar
year, a description of the one-time and recurring costs
associated with the presence of United States Armed Forces in
Japan and South Korea, including--
(A) costs to relocate the Armed Forces within Japan and
South Korea and to realign the Armed Forces from Japan and
South Korea;
[[Page H5437]]
(B) military personnel costs;
(C) operation and maintenance costs; and
(D) military construction costs.
(3) A description of direct, indirect, and burden-sharing
contributions of Japan and South Korea, including--
(A) contributions for labor costs associated with the
presence of United States Armed Forces;
(B) contributions to military construction projects of the
Department of Defense, including planning, design,
environmental reviews, construction, construction management
costs, rents on privately-owned land, facilities, labor,
utilities, and vicinity improvements;
(C) contributions such as loan guarantees on public-private
venture housing and payment-in-kind for facilities returned
to Japan and South Korea;
(D) contributions accepted for labor, logistics, utilities,
facilities, and any other purpose; and
(E) other contributions as determined appropriate by the
Secretary.
(4) The methodology and accounting procedures used to
measure and track direct, indirect, and burden-sharing
contributions made by Japan and South Korea.
(c) Description of Contributions in United States
Dollars.--The report required by subsection (a) shall
describe the direct, indirect, and burden-sharing
contributions of Japan and South Korea in United States
dollars and shall specify the exchange rates used to
determine the United States dollar value of such
contributions.
(d) Form.--The report required by subsection (a) shall be
submitted in unclassified form without any designation
relating to dissemination control, but may contain a
classified annex.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1245. REPORT ON STRATEGY ON THE PHILIPPINES.
(a) Strategy Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense,
in consultation with the Secretary of State, shall submit to
the appropriate congressional committees a report describing
the Department of Defense's objectives and strategy for
achieving such objectives with the Philippines.
(b) Elements of Strategy.--The strategy required by
subsection (b) shall include the following:
(1) A description of the national security interests and
objectives of the United States furthered by the Mutual
Defense Treaty between the Republic of the Philippines and
the United States of America.
(2) A description of the regional security environment,
including an assessment of threats to United States national
security interests and the role of the Department of Defense
in addressing such threats, including--
(A) a description of security challenges detrimental to
regional peace and global stability;
(B) a description of violent extremist organizations
present in the Philippines and the primary objectives of each
such organization, including--
(i) an assessment of the size and capability of each such
organization;
(ii) an assessment of the transnational threat posed by
each such organization;
(iii) an assessment of recent trends in the capability and
influence of each such organization; and
(iv) a description of the metrics used to assess the
capability and influence of each such organization.
(3) A description of Department of Defense objectives with
respect to the Philippines and the benchmarks for assessing
progress towards such objectives.
(4) An identification of all current and planned Department
of Defense resources, programs, and activities to support the
strategy, including a review of the necessity of an ongoing
named operation and the criteria used to determine such
necessity.
(5) An identification of all current and planned Department
of Defense security cooperation and other support or
assistance programs or activities in the Philippines,
including--
(A) a description of the purpose, objectives, and type of
training, equipment, or assistance provided under each such
program or activity;
(B) an identification of the lead agency responsible for
each such program or activity;
(C) an identification of the authority or authorities under
which each such program or activity is conducted;
(D) a description of the process and criteria used to
determine utilization between each such authority or
authorities;
(E) a description of how each such program or activity
advances United States national security interests as it
relates to the Department's strategy on the Philippines;
(F) an identification of the specific units of the
Philippine national security forces to receive training,
equipment, or assistance under each such program;
(G) a description of the process and criteria by which
specific units of the Philippine national security forces are
selected as recipients of such programs and activities;
(H) an assessment of the current operational effectiveness
of such units and their command and control structures and a
description of the metrics used to make and carry out such
assessment;
(I) an identification of priority capabilities of such
units to enhance through training, equipment, or assistance
under each such program or activity;
(J) a plan to monitor and assess each such program or
activity to meet its objectives to enhance the capabilities
of each such unit;
(K) a description of the planned posture of United States
Armed Forces and the planned level of engagement by such
forces with elements of the Philippine national security
forces; and
(L) an identification of--
(i) units of the Philippine national security forces that
are alleged or determined to have committed human rights
abuses; and
(ii) units of the Philippine national security forces that
are under the command and control of any unit identified
under clause (i) or otherwise associated with any such unit.
(6) A description of relations of the Philippines with
other countries in the Indo-Pacific region.
(7) Any other matters the Secretary of Defense determines
should be included.
(c) Form.--The strategy required by subsection (b) shall be
submitted in unclassified form without any designation
relating to dissemination control, but may contain a
classified annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1246. MODIFICATION OF ANNUAL REPORT ON MILITARY AND
SECURITY DEVELOPMENTS INVOLVING THE PEOPLE'S
REPUBLIC OF CHINA.
(a) Annual Report.--Subsection (a) of section 1202 of the
National Defense Authorization Act for Fiscal Year 2000 (10
U.S.C. 113 note) is amended by inserting ``, in consultation
with the heads of other Federal departments and agencies as
appropriate,'' after ``the Secretary of Defense''.
(b) Matters to Be Included.--Subsection (b) of such section
is amended by striking paragraph (26) and inserting the
following:
``(26) An assessment of Chinese overseas investment,
including a state-owned or controlled digital or physical
infrastructure project of China, and their relationship to
Chinese security and military objectives, including
implications for United States military or government
interests related to denial of access, compromised
intelligence activities, and network advantages.''.
(c) Specified Congressional Committees.--Subsection (c) of
such section is amended--
(1) in paragraph (1), by striking ``and the Committee on
Foreign Relations'' and inserting ``, the Committee on
Foreign Relations, and the Select Committee on
Intelligence''; and
(2) in paragraph (2), by striking ``and the Committee on
International Relations'' and inserting ``, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence''.
(d) Other Definitions.--Such section, as so amended, is
further amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Other Definitions.--
``(1) In general.--In subsection (b)(26), the term `state-
owned or controlled digital or physical infrastructure
project of China' means a transportation, energy, or
information technology infrastructure project owned,
controlled, under the direct or indirect influence of, or
subsidized by the Government of China, including any agency,
instrumentality, subdivision, or other unit of government at
any level of jurisdiction.
``(2) Owned; controlled.--In paragraph (1)--
``(A) the term `owned', with respect to a project, means a
majority or controlling interest, whether by value or voting
interest, in that project, including through fiduciaries,
agents, or other means; and
``(B) the term `controlled', with respect to a project,
means--
``(i) the power by any means to determine or influence,
directly or indirectly, important matters affecting the
project, regardless of the level of ownership and whether or
not that power is exercised; and
``(ii) any Chinese company operating in a sector identified
as a strategic industry in the Chinese Government's `Made in
China 2025' strategy to make China a `manufacturing power' as
a core national interest.''.
SEC. 1247. MODIFICATION OF ANNUAL REPORT ON MILITARY AND
SECURITY DEVELOPMENTS INVOLVING THE PEOPLE'S
REPUBLIC OF CHINA.
(a) Annual Report.--Subsection (a) of section 1202 of the
National Defense Authorization Act for Fiscal Year 2000 (10
U.S.C. 113 note) is amended by inserting ``, in consultation
with the heads of other Federal departments and agencies as
appropriate,'' after ``the Secretary of Defense''.
(b) Matters to Be Included.--Subsection (b) of such section
is amended by adding at the end the following:
``(29) Developments relating to the China Coast Guard (in
this paragraph referred to as the `CCG'), including an
assessment of--
``(A) how the change in the CCG's command structure to
report to China's Central Military Commission affects the
CCG's status as a law enforcement entity;
``(B) the implications of the CCG's command structure with
respect to the use of the CCG as a coercive tool in `gray
zone' activity in the East China Sea and the South China Sea;
and
``(C) how the change in the CCG's command structure may
affect interactions between the CCG and the United States
Navy.''.
(c) Specified Congressional Committees.--Subsection (c) of
such section is amended--
(1) in paragraph (1), by striking ``and the Committee on
Foreign Relations'' and inserting
[[Page H5438]]
``, the Committee on Foreign Relations, and the Select
Committee on Intelligence''; and
(2) in paragraph (2), by striking ``and the Committee on
International Relations'' and inserting ``, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence''.
SEC. 1248. SENSE OF CONGRESS ON TAIWAN.
It is the sense of Congress that--
(1) the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and
the ``Six Assurances'' are both cornerstones of United States
relations with Taiwan;
(2) the United States should continue to strengthen defense
and security cooperation with Taiwan to support the
development of capable, ready, and modern defense forces
necessary for Taiwan to maintain a sufficient self-defense
capability, including capabilities in support of an
asymmetric defense strategy;
(3) the United States should continue to support the
acquisition by Taiwan of appropriate defensive weapons
through foreign military sales, direct commercial sales, and
industrial cooperation, with a particular emphasis on
asymmetric warfare, information sharing, air defense, and
maritime capabilities, consistent with the Taiwan Relations
Act;
(4) the United States should improve the predictability of
arms sales to Taiwan by ensuring timely review of and
response to requests of Taiwan for defense articles and
defense services as well as timely notification to Congress
and adherence to congressional oversight and review
procedures; and
(5) the Secretary of Defense, in consultation with the
Secretary of State, should promote policies concerning
cooperation and exchanges that enhance the security of
Taiwan, including exchanges between senior defense officials
and general officers of the United States and Taiwan
consistent with the Taiwan Travel Act (Public Law 115-135).
SEC. 1249. ENHANCING DEFENSE COOPERATION WITH SINGAPORE.
It is the sense of Congress that--
(1) the United States Armed Forces and Singaporean armed
forces have built a strong and enduring security partnership
based on long-standing and mutually beneficial cooperation;
(2) security cooperation between the United States Armed
Forces and Singaporean armed forces is crucial to promoting
peace and stability in the Asia-Pacific region;
(3) Singapore's status as a major security cooperation
partner of the United States, as recognized in the ``2005
Strategic Framework Agreement between the United States and
the Republic of Singapore for a Closer Partnership in Defense
and Security'', has an important role in the promotion of
peace and stability, and global efforts to counter terrorism;
(4) Singapore's provision of access to its military
facilities for the United States has supported the continued
security presence of the United States in Southeast Asia;
(5) the Singaporean armed forces' support of United States-
led multinational reconstruction efforts in Iraq from 2003 to
2008, reconstruction and stabilization efforts in Afghanistan
from 2007 to 2013, counter-piracy operations in the Gulf of
Aden under the ambit of Combined Task Force 151, and
contribution of physical and military assets to the Defeat-
ISIS Coalition since 2014, has contributed to global efforts
to counter terrorism;
(6) in recognition of the enduring security partnership
between the United States and Singapore, the Secretary of
State, in consultation with the Secretary of Defense, should,
in negotiating the renewal of the ``1990 Memorandum of
Understanding Regarding the United States Use of Facilities
in Singapore'' that is due in 2020:
(A) reinforce Singapore's status as a major security
cooperation partner of the United States;
(B) enhance defense cooperation; and
(C) increase interoperability between the United States
Armed Forces and Singaporean armed forces to promote peace
and stability in the Asia-Pacific region.
Subtitle F--Matters Relating to Europe and NATO
SEC. 1251. EXTENSION AND MODIFICATION OF NATO SPECIAL
OPERATIONS HEADQUARTERS.
(a) Authorization.--Subsection (a) of section 1244 of the
National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2541) is amended by striking
``2020'' and inserting ``2023''.
(b) Repeal of Certification; Limitation.--Such section is
amended--
(1) by striking subsection (c); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Limitation.--Of the amounts made available under
subsection (a) for fiscal year 2020, not more than 90 percent
of such amounts may be obligated or expended until the
Secretary of Defense, acting through the Assistant Secretary
of Defense for Special Operations and Low Intensity Conflict,
submits to the congressional defense committees a report on
the rearrangement of responsibilities for overseeing and
supporting NSHQ from U.S. Special Operations Command to U.S.
European Command in 2019, including--
``(1) a justification and description of the impact of such
rearrangement; and
``(2) a description of how such rearrangement will
strengthen the role of the NSHQ in fostering special
operations capabilities within NATO.''.
(c) Annual Report.--Such section, as so amended, is further
amended by adding at the end the following new subsection:
``(d) Annual Report.--Not later than March 1 of each year
until 2024, the Secretary of Defense shall submit to the
congressional defense committees and the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives a report regarding support
for the NSHQ. Each report shall include the following:
``(1) The total amount of funding provided by the United
States and other NATO nations to the NSHQ for operating costs
of the NSHQ.
``(2) A description of the activities carried out with such
funding, including--
``(A) the amount of funding allocated for each such
activity;
``(B) the extent to which other NATO nations participate in
each such activity;
``(C) the extent to which each such activity is carried out
in coordination or cooperation with the Joint Special
Operations University;
``(D) the extent to which each such activity is carried out
in relation to other security cooperation activities,
exercises, or operations of the Department of Defense;
``(E) the extent to which each such activity is designed to
meet the purposes set forth in paragraphs (1) through (5) of
subsection (b); and
``(F) an assessment of the extent to which each such
activity will promote the mission of the NSHQ.
``(3) Other contributions, financial or in kind, provided
by the United States and other NATO nations in support of the
NSHQ.
``(4) Any other matters that the Secretary of Defense
considers appropriate.''.
SEC. 1252. MODIFICATION AND EXTENSION OF FUTURE YEARS PLAN
AND PLANNING TRANSPARENCY FOR THE EUROPEAN
DETERRENCE INITIATIVE.
(a) Plan Required.--Section 1273(a) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91;
131 Stat. 1696) is amended--
(1) in paragraph (1), by striking ``the date of the
enactment of this Act'' and inserting ``the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2020, and annually thereafter''; and
(2) in paragraph (2) to read as follows:
``(2) Applicability.--The initial plan shall apply with
respect to fiscal year 2021 and at least the four succeeding
fiscal years and each subsequent plan shall apply with
respect to the next subsequent fiscal year and at least the
four succeeding fiscal years.''.
(b) Budget Display Information.--The Secretary of Defense
shall include in the materials submitted to Congress by the
Secretary in support of the budget of the President for
fiscal year 2021 and each fiscal year thereafter (as
submitted under section 1105 of title 31, United States
Code), a detailed budget display for the European Deterrence
Initiative that includes the following information
(regardless of whether the funding line is for overseas
contingency operations):
(1) With respect to procurement accounts--
(A) amounts displayed by account, budget activity, line
number, line item, and line item title; and
(B) a description of the requirements for each such amounts
specific to the Initiative.
(2) With respect to research, development, test, and
evaluation accounts--
(A) amounts displayed by account, budget activity, line
number, program element, and program element title; and
(B) a description of the requirements for each such amounts
specific to the Initiative.
(3) With respect to operation and maintenance accounts--
(A) amounts displayed by account title, budget activity
title, line number, and subactivity group title; and
(B) a description of how such amounts will specifically be
used.
(4) With respect to military personnel accounts--
(A) amounts displayed by account, budget activity, budget
subactivity, and budget subactivity title; and
(B) a description of the requirements for each such amounts
specific to the Initiative.
(5) With respect to each project under military
construction accounts (including with respect to unspecified
minor military construction and amounts for planning and
design), the country, location, project title, and project
amount by fiscal year.
SEC. 1253. PROTECTION OF EUROPEAN DETERRENCE INITIATIVE FUNDS
FROM DIVERSION FOR OTHER PURPOSES.
(a) Report on Obligation of Funds.--
(1) In general.--Not later than 15 days after any
obligation of funds in an amount of $10,000,000 or more for
the European Deterrence Initiative for fiscal year 2020 and
each fiscal year thereafter, the Secretary of Defense shall
submit to the congressional defense committees a report on
that obligation of such funds for that fiscal year.
(2) Matters to be included.--Each report under paragraph
(1) shall specify--
(A) the activities and forms of assistance for which the
Secretary obligated such funds; and
(B) the amount of the obligation.
(b) End of Fiscal Year Report.--Not later than November 30,
2020, and annually thereafter, the Secretary of Defense shall
submit to the congressional defense committees a report that
contains--
(1) a detailed summary of funds obligated for the European
Deterrence Initiative for the preceding fiscal year; and
(2) a detailed comparison of funds obligated for the
European Deterrence Initiative for the preceding fiscal year
to amounts requested for the Initiative for that fiscal year
in the materials submitted to Congress by the Secretary in
support of the budget of the President for that fiscal year
as required by section 1252(b), including with respect to
each of the accounts described in paragraphs (1), (2), (3),
(4), and (5) of section 1252(b) and the information required
under each such paragraph.
[[Page H5439]]
SEC. 1254. STATEMENT OF POLICY ON UNITED STATES MILITARY
INVESTMENT IN EUROPE.
It is the policy of the United States to develop,
implement, and sustain a credible deterrent against
aggression and long-term strategic competition by the
Government of Russia in order to enhance regional and global
security and stability, including by the following:
(1) Increased United States presence in Europe, including
additional permanently stationed forces, continued rotational
deployments, increased pre-positioned military equipment, and
sufficient and necessary infrastructure additions and
improvements throughout Europe.
(2) Planning regarding the United States military footprint
in Europe to recognize the essential role played by United
States allies and partners in establishing deterrence and
advancing regional and global security and stability.
(3) Commitment to the North Atlantic Treaty Organization
(NATO) and its founding values and commitments by NATO allies
to the common defense, including NATO goals regarding defense
investments, and to NATO's founding principles of democracy,
individual liberty, and the rule of law.
(4) Planning to ensure the United States military footprint
in Europe is holistic and geographically appropriate for a
comprehensive response to the challenges posed by the
Government of Russia across numerous European fronts.
(5) Commitment to United States Government investment and
prioritization of efforts in Europe, particularly through
efforts led by the Department of State, to counter the
Government of Russia's global campaign to interfere in and
undermine democratic systems of government, elections,
values, and institutions, and disrupt United States alliances
and partnerships, through indirect action (such as
information operations intended to influence), including
robust information sharing and cooperation with partners and
allies to counter influence campaigns and sufficient cyber,
counter-messaging, and intelligence resources.
(6) Planning to take into account the importance of
strategic stability, arms control, and strategic dialogue as
they contribute to United States national security,
collective defense, and regional and global security.
(7) Encouraging increased communication by NATO officials,
to raise awareness of the Alliance's mission, efforts, and
concerns achieved by actively engaging with Congress and the
executive branch.
SEC. 1255. LIMITATION ON TRANSFER OF F-35 AIRCRAFT TO TURKEY.
(a) Limitation.--Except as provided in subsection (b), no
funds authorized to be appropriated or otherwise made
available to the Department of Defense for fiscal year 2020
may be obligated or expended--
(1) to transfer, facilitate the transfer, or authorize the
transfer of, any F-35 aircraft or related support equipment
or parts to Turkey;
(2) to transfer intellectual property, technical data, or
material support necessary for or related to any maintenance
or support of the F-35 aircraft necessary to establish
Turkey's indigenous F-35 capability; or
(3) to construct a storage facility for, or otherwise
facilitate the storage in Turkey of, any F-35 aircraft
transferred to Turkey.
(b) Exception.--The Secretary of Defense, jointly with the
Secretary of State, may waive the limitation under subsection
(a) only if such Secretaries submit to the appropriate
congressional committees a written certification that
contains a determination of such Secretaries, and any
relevant documentation that forms the basis for the
determination, that--
(1) the Government of Turkey has provided credible
assurances that Turkey will not accept delivery of the S-400
air and missile defense system from Russia; or
(2) if the Government of Turkey has previously accepted
delivery of the S-400 air and missile defense system from the
Russia, the Government of Turkey--
(A) no longer possesses the S-400 air and missile defense
system or any other equipment, materials, or personnel
associated with such system; and
(B) has provided credible assurances that it will not in
the future accept delivery of the S-400 air and missile
defense system.
(c) Applicability.--The limitation under subsection (a)
does not apply with respect to F-35 aircraft operated by the
United States Armed Forces.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
(2) Transfer.--The term ``transfer'' includes, with respect
to an F-35 aircraft, the physical relocation of the F-35
aircraft outside of the United States.
SEC. 1256. REPORT ON VALUE OF INVESTMENTS IN DUAL USE
INFRASTRUCTURE PROJECTS BY NATO MEMBER STATES.
(a) In General.--Not later than June 1, 2020, the Secretary
of Defense, jointly with the Secretary of State, shall submit
to the appropriate congressional committees a report on the
value of investments in dual use infrastructure projects by
the member states of the North Atlantic Treaty Organization
(NATO) in order to improve military mobility and
interoperability across Europe.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) The value to collective deterrence provided by
investments in dual use infrastructure projects by the member
states of NATO in order to meet the military mobility goals
set out at the 2018 NATO Summit in Brussels.
(2) An assessment of proposed dual use infrastructure
projects for NATO.
(3) A assessment of proposed of dual use infrastructure
projects with respect to which the United States can provide
support, including a recommended prioritization of such
projects.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
(2) Dual use infrastructure projects.--The term ``dual use
infrastructure projects'' means those projects identified by
the European Commission Action Plan on Military Mobility as
necessary to improve the trans-European transport network
(TEN-T) to meet the military requirements for military
mobility within and beyond the European Union.
SEC. 1257. SENSE OF CONGRESS ON SUPPORT FOR POLAND.
(a) Findings.--Congress makes the following findings:
(1) Poland has been a valued member of the North Atlantic
Treaty Organization (NATO) since 1999 and an important ally
of the United States, contributing to the collective defense
of NATO allies and deterrence in Europe.
(2) Poland has made significant contributions of forces to
United States and NATO-led military operations in
Afghanistan, Iraq, Kosovo, and countering the Islamic State
in Iraq and Syria.
(3) Poland contributed at least 2 percent of its gross
domestic product to defense spending in 2018, meeting its
commitment under the Wales Declaration.
(4) Poland currently hosts on a rotational basis United
States forces from the Armored Combat Brigade Team, a Combat
Aviation Brigade, a NATO enhanced Forward Presence Battalion,
and a U.S. Aegis Ashore missile defense site.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States reaffirms its support for the
principle of collective defense in Article 5 of the North
Atlantic Treaty for its NATO allies, including Poland;
(2) the United States appreciates the important role that
Poland plays in NATO efforts to sustain credible deterrence
in Europe;
(3) the United States supports continued defense
cooperation and continued exploration of opportunities for
joint military cooperation, infrastructure enhancement, and
defense investment with Poland; and
(4) the current and planned projects in Poland funded by
the European Deterrence Initiative should be fully
implemented in order to support existing and future United
States military activity.
Subtitle G--Other Matters
SEC. 1261. SENSE OF CONGRESS ON UNITED STATES PARTNERS AND
ALLIES.
It is the sense of Congress that--
(1) United States partners and allies are critical to
achieving United States national security interests and
defense objectives around the world;
(2) strong military-to-military relationships with partners
and allies have helped to solidify and undergird the post-
World War II international order and enhanced the United
States' security through common defense; and
(3) the United States should pursue a long-term policy to
strengthen existing military-to-military relationships and
cooperation with partners and allies to achieve mutual
objectives, and build new relationships based on common
values and shared interests.
SEC. 1262. MODIFICATION TO REPORT ON LEGAL AND POLICY
FRAMEWORKS FOR THE USE OF MILITARY FORCE.
Section 1264 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1689) is
amended--
(1) in the heading for subsection (a), by striking
``Initial'' and inserting ``Annual'';
(2) in subsection (a)(1), by striking ``90 days after the
date of the enactment of this Act'' and inserting ``March 1
of each year''; and
(3) in subsection (a)(2), by striking ``during the period''
and all that follows to the end and inserting ``from the
preceding year.''.
SEC. 1263. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL
REPORT SUBMITTED ON DEPARTMENT OF DEFENSE
AWARDS AND DISCIPLINARY ACTION AS A RESULT OF
THE 2017 INCIDENT IN NIGER.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2020 for Operation
and Maintenance, Defense-Wide, Office of the Secretary of
Defense, for Travel of Persons, not more than 80 percent of
such funds may be obligated or expended until the date on
which the Secretary of Defense submits to the congressional
defense committees a report that contains a description of
each award and disciplinary action issued, by rank, as a
result of the AR 15-6 investigation findings relating to the
incident in Niger in 2017. The report shall be submitted in a
format that protects personally identifiable information and
is consistent with national security.
SEC. 1264. INDEPENDENT ASSESSMENT OF SUFFICIENCY OF RESOURCES
AVAILABLE TO UNITED STATES SOUTHERN COMMAND AND
UNITED STATES AFRICA COMMAND.
(a) In General.--The Secretary of Defense shall seek to
enter into a contract with a not-for-profit entity or
federally funded research and development center independent
of the Department of Defense to conduct an assessment of
[[Page H5440]]
the sufficiency of resources available to United States
Southern Command and United States Africa Command to carry
out their respective missions.
(b) Matters to Be Included.--The assessment described in
subsection (a) shall include--
(1) an assessment of the sufficiency of the resources
available to United States Southern Command and United States
Africa Command, including personnel, human resources, and
financial resources, in promoting United States national
security interests;
(2) an assessment of the level of regional expertise and
experience of the leadership of each such combatant command
and their subordinate organizations, service components, and
task forces, to include personnel from agencies other than
the Department of Defense;
(3) a description of the strategic objectives and end
states in the geographic region for which each such combatant
command has responsibility and a comparison of the importance
and priority of the resources available to each such
combatant command to perform its mission; and
(4) an assessment of the ability of each such combatant
command to carry out such strategic objectives and end
states, including an assessment of resources available,
forces available, and other interagency resources available
to the combatant command.
(c) Access to Information.--The not-for-profit entity or
federally funded research and development center with which
the Secretary enters into the contract under subsection (a)
shall have full and direct access to all information related
to resources available to United States Southern Command and
United States Africa Command.
(d) Report.--
(1) In general.--Not later than 240 days after the date of
the enactment of this Act, the not-for-profit entity or
federally funded research and development center with which
the Secretary of Defense enters into the contract under
subsection (a) shall submit to the Secretary of Defense, the
Secretary of State, and the Administrator of the United
States Agency for International Development a report that
contains the assessment required by subsection (a).
(2) Submission to congress.--Not later than 1 year after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the appropriate congressional
committees--
(A) a copy of such report without change; and
(B) any comments, changes, recommendations, or other
information of the Secretary of Defense, the Secretary of
State, and the Administrator of the United States Agency for
International Development relating to the assessment required
by subsection (a) and contained in such report.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1265. RULE OF CONSTRUCTION RELATING TO USE OF MILITARY
FORCE.
Nothing in this Act or any amendment made by this Act may
be construed to authorize the use of military force.
SEC. 1266. RULE OF CONSTRUCTION RELATING TO USE OF MILITARY
FORCE AGAINST VENEZUELA.
Nothing in this Act or any amendment made by this Act may
be construed to authorize the use of military force against
Venezuela.
SEC. 1267. SENSE OF CONGRESS ON ACQUISITION BY TURKEY OF
PATRIOT SYSTEM.
(a) Findings.--Congress finds the following:
(1) The Government of Turkey has indicated in a
communication to Congress that there remains an opportunity
to meet Turkey's requirement for an air and missile defense
capability through the acquisition of the Patriot system from
the United States.
(2) The acquisition of the Patriot system could remove the
need to acquire the S-400 air and missile defense system from
Russia, which is incompatible with the integrated air and
missile defense system of the North Atlantic Treaty
Organization (NATO) and should preclude Turkey's
participation in the F-35 Joint Strike Fighter (JSF)
consortium program with the United States.
(b) Sense of Congress.--Congress--
(1) supports the efforts of the United States Government to
achieve a satisfactory arrangement with Turkey by which
Turkey acquires the Patriot system to defend its airspace,
which would preserve Turkey as a production partner in the F-
35 JSF consortium program;
(2) encourages the Department of Defense to secure the
deployment of a Patriot system to Turkey, under United States
or NATO operational control, for the purpose of providing
Turkey with an interim capability to address urgent
vulnerabilities in Turkey's air and missile defense during
the period in which an agreement is reached for Turkey's
acquisition of the Patriot system; and
(3) notes that any such deployment of the Patriot or a NATO
interoperable system in the interim is contingent on Turkey's
commitment to cancel the S-400 air and missile defense system
acquisition.
Subtitle H--Baltic Reassurance Act
SEC. 1271. FINDINGS.
Congress finds the following:
(1) Russia seeks to diminish the North Atlantic Treaty
Organization (NATO) and recreate its sphere of influence in
Europe using coercion, intimidation, and outright aggression.
(2) Deterring Russia from such aggression is vital for
transatlantic security.
(3) The illegal occupation of Crimea by Russia and its
continued engagement of destabilizing and subversive
activities against independent and free states is of
increasing concern.
(4) Russia also continues to disregard treaties,
international laws and rights to freedom of navigation,
territorial integrity, and sovereign international borders.
(5) Russia's continued occupation of Georgian and Ukrainian
territories and the sustained military buildup in Russia's
Western Military District and Kaliningrad has threatened
continental peace and stability.
(6) The Baltic countries of Estonia, Latvia, and Lithuania
are particularly vulnerable to an increasingly aggressive and
subversive Russia.
(7) In a declaration to celebrate 100 years of independence
of Estonia, Latvia, and Lithuania issued on April 3, 2018,
the Trump Administration reaffirmed United States commitments
to these Baltic countries to ``improve military readiness and
capabilities through sustained security assistance'' and
``explore new ideas and opportunities, including air defense,
bilaterally and in NATO, to enhance deterrence across the
region''.
(8) These highly valued NATO allies of the United States
have repeatedly demonstrated their commitment to advancing
mutual interests as well as those of the NATO alliance.
(9) The Baltic countries also continue to participate in
United States-led exercises to further promote coordination,
cooperation, and interoperability among allies and partner
countries, and continue to demonstrate their reliability and
commitment to provide for their own defense.
(10) Lithuania, Latvia, and Estonia each hosts a respected
NATO Center of Excellence that provides expertise to educate
and promote NATO allies and partners in areas of vital
interest to the alliance.
(11) United States support and commitment to allies across
Europe has been a lynchpin for peace and security on the
continent for over 70 years.
SEC. 1272. SENSE OF CONGRESS.
It is the sense of Congress as follows:
(1) The United States is committed to the security of the
Baltic countries and should strengthen cooperation and
support capacity-building initiatives aimed at improving the
defense and security of such countries.
(2) The United States should lead a multilateral effort to
develop a strategy to deepen joint capabilities with
Lithuania, Latvia, Estonia, NATO allies, and other regional
partners, to deter against aggression from Russia in the
Baltic region, specifically in areas that would strengthen
interoperability, joint capabilities, and military readiness
necessary for Baltic countries to strengthen their national
resilience.
(3) The United States should explore the feasibility of
providing additional air and missile defense systems in the
Baltic region, including through leveraging cost-sharing
mechanisms and multilateral deployment with NATO allies to
reduce financial burdens on host countries.
SEC. 1273. DEFENSE ASSESSMENT.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Defense and the
Secretary of State shall jointly conduct a comprehensive,
multilateral assessment of the military requirements of such
countries to deter and resist aggression by Russia that--
(1) provides an assessment of past and current initiatives
to improve the efficiency, effectiveness, readiness and
interoperability of Lithuania, Latvia, and Estonia's national
defense capabilities; and
(2) assesses the manner in which to meet those objectives,
including future resource requirements and recommendations,
by undertaking activities in the following areas:
(A) Activities to increase the rotational and forward
presence, improve the capabilities, and enhance the posture
and response readiness of the United States or forces of NATO
in the Baltic region.
(B) Activities to improve air defense systems, including
modern air-surveillance capabilities.
(C) Activities to improve counter-unmanned aerial system
capabilities.
(D) Activities to improve command and control capabilities
through increasing communications, technology, and
intelligence capacity and coordination, including secure and
hardened communications.
(E) Activities to improve intelligence, surveillance, and
reconnaissance capabilities.
(F) Activities to enhance maritime domain awareness.
(G) Activities to improve military and defense
infrastructure, logistics, and access, particularly transport
of military supplies and equipment.
(H) Investments to ammunition stocks and storage.
(I) Activities and training to enhance cyber security and
electronic warfare capabilities.
(J) Bilateral and multilateral training and exercises.
(K) New and existing cost-sharing mechanisms with United
States and NATO allies to reduce financial burden.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Defense and the
Secretary of State jointly shall submit to the appropriate
congressional committees a report, which shall be submitted
in unclassified form but may include a classified annex, that
includes each of the following:
(1) A report on the findings of the assessment conducted
pursuant to subsection (a).
(2) A list of any recommendations resulting from such
assessment.
(3) An assessment of the resource requirements to achieve
the objectives described in subsection (a)(1) with respect to
the national defense capability of Baltic countries,
including potential investments by host countries.
(4) A plan for the United States to use appropriate
security cooperation authorities or other authorities to--
(A) facilitate relevant recommendations included in the
list described in paragraph (2);
[[Page H5441]]
(B) expand joint training between the Armed Forces and the
military of Lithuania, Latvia, or Estonia, including with the
participation of other NATO allies; and
(C) support United States foreign military sales and other
equipment transfers to Baltic countries especially for the
activities described in subparagraphs (A) through (I) of
subsection (a)(2).
SEC. 1274. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this subtitle, the term ``appropriate congressional
committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, the Permanent Select Committee on
Intelligence, and the Committee on Appropriations of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Relations, the Select Committee on Intelligence, and
the Committee on Appropriations of the Senate.
TITLE XIII--COOPERATIVE THREAT REDUCTION
SEC. 1301. FUNDING ALLOCATIONS.
Of the $338,700,000 authorized to be appropriated to the
Department of Defense for fiscal year 2020 in section 301 and
made available by the funding table in division D for the
Department of Defense Cooperative Threat Reduction Program
established under section 1321 of the Department of Defense
Cooperative Threat Reduction Act (50 U.S.C. 3711), the
following amounts may be obligated for the purposes
specified:
(1) For strategic offensive arms elimination, $492,000.
(2) For chemical weapons destruction, $12,856,000.
(3) For global nuclear security, $33,919,000.
(4) For cooperative biological engagement, $183,642,000.
(5) For proliferation prevention, $79,869,000.
(6) For activities designated as Other Assessments/
Administrative Costs, $27,922,000.
SEC. 1302. SPECIFICATION OF COOPERATIVE THREAT REDUCTION
FUNDS.
Funds appropriated pursuant to the authorization of
appropriations in section 301 and made available by the
funding table in division D for the Department of Defense
Cooperative Threat Reduction Program shall be available for
obligation for fiscal years 2020, 2021, and 2022.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds, as
specified in the funding table in section 4501.
SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for the Department of Defense
for fiscal year 2020 for expenses, not otherwise provided
for, for Chemical Agents and Munitions Destruction, Defense,
as specified in the funding table in section 4501.
(b) Use.--Amounts authorized to be appropriated under
subsection (a) are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2020 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-
Drug Activities, Defense-wide, as specified in the funding
table in section 4501.
SEC. 1404. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2020 for expenses, not
otherwise provided for, for the Office of the Inspector
General of the Department of Defense, as specified in the
funding table in section 4501.
SEC. 1405. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the Defense Health Program for use of the Armed
Forces and other activities and agencies of the Department of
Defense for providing for the health of eligible
beneficiaries, as specified in the funding table in section
4501.
SEC. 1406. NATIONAL DEFENSE SEALIFT FUND.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the National Defense Sealift Fund, as specified
in the funding tables in section 4501.
Subtitle B--Other Matters
SEC. 1411. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT
DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS
AFFAIRS MEDICAL FACILITY DEMONSTRATION FUND FOR
CAPTAIN JAMES A. LOVELL HEALTH CARE CENTER,
ILLINOIS.
(a) Authority for Transfer of Funds.--Of the funds
authorized to be appropriated by section 1405 and available
for the Defense Health Program for operation and maintenance,
$127,500,000 may be transferred by the Secretary of Defense
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund established by
subsection (a)(1) of section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 2571). For purposes of subsection (a)(2) of such
section 1704, any funds so transferred shall be treated as
amounts authorized and appropriated specifically for the
purpose of such a transfer.
(b) Use of Transferred Funds.--For the purposes of
subsection (b) of such section 1704, facility operations for
which funds transferred under subsection (a) may be used are
operations of the Captain James A. Lovell Federal Health Care
Center, consisting of the North Chicago Veterans Affairs
Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal
medical facility under an operational agreement covered by
section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417;
122 Stat. 4500).
SEC. 1412. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES
RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
year 2020 from the Armed Forces Retirement Home Trust Fund
the sum of $64,300,000 for the operation of the Armed Forces
Retirement Home.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Appropriations
SEC. 1501. PURPOSE.
The purpose of this title is to authorize appropriations
for the Department of Defense for fiscal year 2020 to provide
additional funds for overseas contingency operations being
carried out by the Armed Forces.
SEC. 1502. PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for procurement accounts for the Army, the Navy and
the Marine Corps, the Air Force, and Defense-wide activities,
as specified in the funding table in section 4102.
SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the use of the Department of Defense for
research, development, test, and evaluation, as specified in
the funding table in section 4202.
SEC. 1504. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance, as specified in the funding table in section
4302.
SEC. 1505. MILITARY PERSONNEL.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, military personnel
accounts, as specified in the funding table in section 4402.
SEC. 1506. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds, as
specified in the funding table in section 4502.
SEC. 1507. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2020 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-
Drug Activities, Defense-wide, as specified in the funding
table in section 4502.
SEC. 1508. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2020 for expenses, not
otherwise provided for, for the Office of the Inspector
General of the Department of Defense, as specified in the
funding table in section 4502.
SEC. 1509. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2020 for expenses, not
otherwise provided for, for the Defense Health Program, as
specified in the funding table in section 4502.
Subtitle B--Financial Matters
SEC. 1511. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are
in addition to amounts otherwise authorized to be
appropriated by this Act.
SEC. 1512. SPECIAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this title for fiscal year 2019 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--The total amount of authorizations that
the Secretary may transfer under the authority of this
subsection may not exceed $500,000,000.
(b) Terms and Conditions.--
(1) In general.--Transfers under this section shall be
subject to the same terms and conditions as transfers under
section 1001.
(2) Additional limitation on transfers for drug
interdiction and counter drug activities.--The authority
provided by subsection (a) may not be used to transfer any
amount to Drug Interdiction and Counter Drug Activities,
Defense-wide.
(c) Additional Authority.--The transfer authority provided
by this section is in addition to the transfer authority
provided under section 1001.
[[Page H5442]]
Subtitle C--Other Matters
SEC. 1521. AFGHANISTAN SECURITY FORCES FUND.
(a) Continuation of Prior Authorities and Notice and
Reporting Requirements.--Funds available to the Department of
Defense for the Afghanistan Security Forces Fund for fiscal
year 2020 shall be subject to the conditions contained in--
(1) subsections (b) through (f) of section 1513 of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 428); and
(2) section 1521(d)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2577).
(b) Equipment Disposition.--
(1) Acceptance of certain equipment.--Subject to paragraph
(2), the Secretary of Defense may accept equipment that is
procured using amounts authorized to be appropriated for the
Afghanistan Security Forces Fund by this Act and is intended
for transfer to the security forces of the Ministry of
Defense and the Ministry of the Interior of the Government of
Afghanistan, but is not accepted by such security forces.
(2) Conditions on acceptance of equipment.--Before
accepting any equipment under the authority provided by
paragraph (1), the Commander of United States forces in
Afghanistan shall make a determination that such equipment
was procured for the purpose of meeting requirements of the
security forces of the Ministry of Defense and the Ministry
of the Interior of the Government of Afghanistan, as agreed
to by both the Government of Afghanistan and the Government
of the United States, but is no longer required by such
security forces or was damaged before transfer to such
security forces.
(3) Elements of determination.--In making a determination
under paragraph (2) regarding equipment, the Commander of
United States forces in Afghanistan shall consider
alternatives to the acceptance of such equipment by the
Secretary. An explanation of each determination, including
the basis for the determination and the alternatives
considered, shall be included in the relevant quarterly
report required under paragraph (5).
(4) Treatment as department of defense stocks.--Equipment
accepted under the authority provided by paragraph (1) may be
treated as stocks of the Department of Defense upon
notification to the congressional defense committees of such
treatment.
(5) Quarterly reports on equipment disposition.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act and every 90-day period thereafter
during which the authority provided by paragraph (1) is
exercised, the Secretary shall submit to the congressional
defense committees a report describing the equipment accepted
during the period covered by such report under the following:
(i) This subsection.
(ii) Section 1521(b) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2575).
(iii) Section 1531(b) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1088).
(iv) Section 1532(b) of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 128 Stat. 3613).
(v) Section 1531(d) of the National Defense Authorization
Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 938;
10 U.S.C. 2302 note).
(B) Elements.--Each report under subparagraph (A) shall
include a list of all equipment that was accepted during the
period covered by such report and treated as stocks of the
Department of Defense and copies of the determinations made
under paragraph (2), as required by paragraph (3).
(c) Security of Afghan Women.--
(1) In general.--Of the funds available to the Department
of Defense for the Afghan Security Forces Fund for fiscal
year 2020, it is the goal that $45,500,000, but in no event
less than $10,000,000, shall be used for--
(A) the recruitment, integration, retention, training, and
treatment of women in the Afghan National Defense and
Security Forces; and
(B) the recruitment, training, and contracting of female
security personnel for future elections.
(2) Types of programs and activities.--Such programs and
activities may include--
(A) efforts to recruit and retain women into the Afghan
National Defense and Security Forces, including the special
operations forces;
(B) programs and activities of the Directorate of Human
Rights and Gender Integration of the Ministry of Defense of
Afghanistan and the Office of Human Rights, Gender and Child
Rights of the Ministry of Interior of Afghanistan;
(C) development and dissemination of gender and human
rights educational and training materials and programs within
the Ministry of Defense and the Ministry of Interior of
Afghanistan;
(D) efforts to address harassment and violence against
women within the Afghan National Defense and Security Forces;
(E) improvements to infrastructure that address the
requirements of women serving in the Afghan National Defense
and Security Forces, including appropriate equipment for
female security and police forces, and transportation for
policewomen to their station;
(F) support for Afghanistan National Police Family Response
Units; and
(G) security provisions for high-profile female police and
military officers.
(d) Assessment of Afghanistan Progress on Objectives.--
(1) Assessment required.--Not later than June 1, 2020, the
Secretary of Defense shall, in consultation with the
Secretary of State, submit to the Committee on Armed Services
and the Committee on Foreign Affairs of the House of
Representatives and the Committee on Armed Services and the
Committee on Foreign Relations of the Senate an assessment
describing--
(A) the progress of the Government of the Islamic Republic
of Afghanistan toward meeting shared security objectives; and
(B) the efforts of the Government of the Islamic Republic
of Afghanistan to manage, employ, and sustain the equipment
and inventory provided under subsection (a).
(2) Matters to be included.--In conducting the assessment
required by paragraph (1), the Secretary of Defense shall
include each of the following:
(A) A consideration of the extent to which the Government
of Afghanistan has a strategy for, and has taken steps
toward, increased accountability and the reduction of
corruption within the Ministry of Defense and the Ministry of
Interior of Afghanistan.
(B) A consideration of the extent to which the capability
and capacity of the Afghan National Defense and Security
Forces have improved as a result of Afghanistan Security
Forces Fund investment, including through training, and an
articulation of the metrics used to assess such improvements.
(C) A consideration of the extent to which the Afghan
National Defense and Security Forces have been able to
increase pressure on the Taliban, al-Qaeda, the Haqqani
network, the Islamic State of Iraq and Syria-Khorasan, and
other terrorist organizations, including by re-taking
territory, defending territory, and disrupting attacks.
(D) A consideration of the distribution practices of the
Afghan National Defense and Security Forces and whether the
Government of Afghanistan is ensuring that supplies,
equipment, and weaponry supplied by the United States are
appropriately distributed to, and employed by, security
forces charged with fighting the Taliban and other terrorist
organizations.
(E) A consideration of the extent to which the Government
of Afghanistan has designated the appropriate staff,
prioritized the development of relevant processes, and
provided or requested the allocation of resources necessary
to support a peace and reconciliation process in Afghanistan.
(F) A description of the ability of the Ministry of Defense
and the Ministry of Interior of Afghanistan to manage and
account for previously divested equipment, including a
description of any vulnerabilities or weaknesses of the
internal controls of such Ministry of Defense and Ministry of
Interior and any plan in place to address shortfalls.
(G) A description of the monitoring and evaluation systems
in place to ensure assistance provided under subsection (a)
is used only for the intended purposes.
(H) A description of any significant irregularities in the
divestment of equipment to the Afghan National Defense and
Security Forces during the period beginning on May 1, 2019,
and ending on May 1, 2020, including any major losses of such
equipment or any inability on the part of the Afghan National
Defense and Security Forces to account for equipment so
procured.
(I) A description of the sustainment and maintenance costs
required during the period beginning on May 1, 2019, and
ending on May 1, 2020, for major weapons platforms previously
divested, and a plan for how the Afghan National Defense and
Security Forces intends to maintain such platforms in the
future.
(J) A consideration of the extent to which the Government
of Afghanistan is adhering to conditions for receiving
assistance established in annual financial commitment letters
or any other bilateral agreements with the United States.
(K) A consideration of the extent to which the Government
of Afghanistan has made progress in achieving security sector
benchmarks as outlined by the United States-Afghan Compact
(commonly known as the ``Kabul Compact'').
(L) Such other factors as the Secretaries consider
appropriate.
(3) Form.--The assessment required by paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex.
(4) Withholding of assistance for insufficient progress.--
(A) In general.--If the Secretary of Defense determines, in
coordination with the Secretary of State and pursuant to the
assessment under paragraph (1), that the Government of
Afghanistan has made insufficient progress in the areas
described in paragraph (2), the Secretary of Defense shall--
(i) withhold $480,000,000, to be derived from amounts made
available for assistance for the Afghan National Defense and
Security Forces, from expenditure or obligation until the
date on which the Secretary certifies to Congress that the
Government of Afghanistan has made sufficient progress; and
(ii) notify Congress not later than 30 days before
withholding such funds.
(B) Waiver.--If the Secretary of Defense determines that
withholding such assistance would impede the national
security objectives of the United States by prohibiting,
restricting, delaying, or otherwise limiting the provision of
assistance, the Secretary may waive the withholding
requirement under subparagraph (A) if the Secretary, in
coordination with the Secretary of State, certifies such
determination to Congress not later than 30 days before the
effective date of the waiver.
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
SEC. 1601. NATIONAL SECURITY SPACE LAUNCH PROGRAM.
(a) Sense of Congress.--It is the sense of Congress that--
[[Page H5443]]
(1) ensuring opportunities for future competition in the
National Security Space Launch program of the Air Force will
decrease the overall cost of the program and increase the
likelihood of success with respect to the Department of
Defense stopping the use of Russian-made RD-180 rocket
engines, as required by section 1608 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291; 10 U.S.C. 2271
note); and
(2) while Congress supports robust competition within the
National Security Space Launch program, Congress recognizes
the importance of providing a regular launch manifest and
incentives for a robust industrial base to support national
security requirements.
(b) Phase Two Acquisition Strategy.--In carrying out the
phase two acquisition strategy, the Secretary of the Air
Force--
(1) shall ensure, except as provided by subsection (c),
that launch services are procured only from National Security
Space Launch providers that are offerors using launch
vehicles or families of launch vehicles that meet all of the
requirements of the Air Force for the delivery of all
required payloads to all reference orbits; and
(2) may not substantially change the acquisition schedule
or mission performance requirements.
(c) Competitive Procedures.--If the Secretary of the Air
Force awards phase two contracts for more than a total of 29
launches, the Secretary shall ensure that each such contract
for any launch after the 29th launch is awarded using
competitive procedures among all National Security Space
Launch providers.
(d) Funding for Certification and Infrastructure.--
(1) Authority.--Pursuant to section 2371b of title 10,
United States Code, the Secretary of the Air Force shall
enter into an agreement described in paragraph (2) with
either National Security Space Launch providers that have not
entered into a phase two contract for launch services
occurring before fiscal year 2022 or National Security Space
Launch providers that have entered into a phase two contract
but have not entered into a launch services agreement for
such phase, or both.
(2) Agreements.--An agreement described in this paragraph
is an agreement that provides a National Security Space
Launch provider with not more than $500,000,000 for the
provider to meet the certification and infrastructure
requirements that are--
(A) unique to national security space missions; and
(B) necessary for a phase two contract, including such
contracts described in subsection (c).
(e) Down Select Notification.--The Under Secretary of
Defense for Acquisition and Sustainment, in coordination with
the Secretary of the Air Force, shall submit to the
appropriate congressional committees written notification of
the two National Security Space Launch providers selected
during fiscal year 2020 by the Secretary of the Air Force to
be awarded phase two contracts not later than 10 days before
the Secretary publicly announces such selection. The
notification shall include, at a minimum--
(1) an identification of the selected providers;
(2) the evaluation criteria used in the selection;
(3) the total costs to the Air Force for such contracts;
and
(4) a risk assessment of the selected providers in meeting
national security requirements.
(f) Report.--Not later than 45 days after the date on which
the Secretary of the Air Force awards phase two contracts
during fiscal year 2020, the Secretary shall submit to the
appropriate congressional committees a report on--
(1) the total defense investments made with respect to
launch service agreements and engine development for each
National Security Space Launch provider so awarded such phase
two contracts; and
(2) how such investments in launch service providers were
accounted for in the evaluation of the offers for such phase
two contracts.
(g) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
(2) The term ``phase two acquisition strategy'' means the
process by which the Secretary of the Air Force enters into
phase two contracts and carries out launches under the
National Security Space Launch program during fiscal years
2020 through 2024.
(3) The term ``phase two contract'' means a contract for
launch services under the National Security Space Launch
program during fiscal years 2020 through 2024, as described
in solicitation number FA8811-19-R-0002 of the Air Force.
SEC. 1602. PREPARATION TO IMPLEMENT PLAN FOR USE OF ALLIED
LAUNCH VEHICLES.
(a) Preparation.--The Secretary of Defense, in coordination
with the Director of National Intelligence, shall take
actions necessary to prepare to implement the plan developed
pursuant to section 1603 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2584) regarding using allied launch vehicles to
meet the requirements for achieving the policy relating to
assured access to space set forth in section 2273 of title
10, United States Code.
(b) Actions Required.--In carrying out subsection (a), the
Secretary shall--
(1) identify the satellites of the United States that would
be appropriate to be launched on an allied launch vehicle;
(2) assess the relevant provisions of Federal law,
regulations, and policies governing the launch of national
security satellites and determine whether any legislative,
regulatory, or policy actions (including with respect to
waivers) would be necessary to allow for the launch of a
national security satellite on an allied launch vehicle; and
(3) address any certification requirements necessary for
such use of allied launch vehicles and the estimated cost,
schedule, and actions necessary to certify allied launch
vehicles for such use.
(c) Submission to Congress.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the appropriate congressional
committees a report on preparing to implement the plan
described in subsection (a), including information regarding
each action required by paragraphs (1), (2), and (3) of
subsection (b).
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees; and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
SEC. 1603. ANNUAL DETERMINATION ON PLAN ON FULL INTEGRATION
AND EXPLOITATION OF OVERHEAD PERSISTENT
INFRARED CAPABILITY.
Section 1618(c) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2431 note)
is amended by striking ``for a fiscal year'' and inserting
``for each fiscal year preceding fiscal year 2029''.
SEC. 1604. SPACE-BASED ENVIRONMENTAL MONITORING MISSION
REQUIREMENTS.
(a) NRO.--
(1) Procurement.--The Director of the National
Reconnaissance Office shall procure a modernized pathfinder
program free-flyer satellite that--
(A) addresses space-based environmental monitoring mission
requirements;
(B) reduces the risk that the Department of Defense
experiences a gap in meeting such requirements during the
period beginning January 1, 2023, and ending December 31,
2025; and
(C) is launched not later than January 1, 2023.
(2) Plan.--Not later than 60 days after the date of the
enactment of this Act, the Director, in coordination with the
Secretary of the Air Force, shall submit to the appropriate
congressional committees a plan for the Director to procure
and launch the satellite under paragraph (1), including with
respect to--
(A) the requirements for such satellite, including
operational requirements;
(B) timelines for such procurement and launch;
(C) costs for such procurement and launch; and
(D) the launch plan.
(3) Procedures.--The Director shall ensure that the
satellite under paragraph (1) is procured using full and open
competition through the use of competitive procedures.
(b) Air Force.--The Secretary of the Air Force shall ensure
that the electro-optical/infrared weather system satellite--
(1) meets space-based environmental monitoring mission
requirements;
(2) is procured using full and open competition through the
use of competitive procedures; and
(3) is launched not later than September 30, 2025.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
(2) The term ``space-based environmental monitoring mission
requirements'' means the national security requirements for
cloud characterization and theater weather imagery.
SEC. 1605. PROTOTYPE PROGRAM FOR MULTI-GLOBAL NAVIGATION
SATELLITE SYSTEM RECEIVER DEVELOPMENT.
(a) Prototype Multi-GNSS Program.--The Secretary of Defense
shall establish under the Space Development Agency a program
to prototype an M-code based, multi-global navigation
satellite system receiver that is capable of receiving
covered signals to increase the resilience and capability of
military position, navigation, and timing equipment against
threats to the Global Positioning System and to deter the
likelihood of attack on the worldwide Global Positioning
System by reducing the benefits of such an attack.
(b) Elements.--In carrying out the program under subsection
(a), the Secretary shall--
(1) with respect to each covered signal that could be
received by the prototype receiver under such program,
conduct an assessment of the relative benefits and risks of
using that signal, including with respect to any existing or
needed monitoring infrastructure that would alert users of
the Department of Defense of potentially corrupted signal
information, and the cyber risks and challenges of
incorporating such signals into a properly designed receiver;
(2) ensure that monitoring systems are able to include any
monitoring network of the United States or allies of the
United States;
(3) conduct an assessment of the benefits and risks,
including with respect to the compatibility of non-United
States global navigation satellite system signals with
existing position, navigation, and timing equipment of the
United States, and the extent to which the capability to
receive such signals would impact current receiver or antenna
design; and
(4) conduct an assessment of the desirability of
establishing such program in a manner that--
(A) is a cooperative effort, coordinated with the Secretary
of State, between the United States and the allies of the
United States that may also have interest in funding a multi-
global navigation satellite system and M-code program; and
[[Page H5444]]
(B) the Secretary of Defense, in coordination with the
Secretary of State, ensures that the United States has access
to sufficient insight into trusted signals of allied systems
to assure potential reliance by the United States on such
signals.
(c) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Space Development
Agency, in coordination with the Air Force GPS User Equipment
Program office, shall provide to the congressional defense
committees a briefing on a plan to carry out the program
under subsection (a) that includes--
(1) the estimated cost, including total cost and out-year
funding requirements;
(2) the schedule for such program;
(3) a plan for how the results of the program could be
incorporated into future blocks of the Global Positioning
System military user equipment program; and
(4) the recommendations and analysis contained in the study
sponsored by the Department of Defense conducted by the MITRE
Corporation on the risks, benefits, and approaches to adding
multi-global navigation satellite system capabilities to
military user equipment.
(d) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees, the Committee on
Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate a report
containing--
(1) an explanation of how the Secretary intends to comply
with section 1609 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 2110);
(2) an outline of any potential cooperative efforts acting
in accordance with the North Atlantic Treaty Organization,
the European Union, or Japan that would support such
compliance;
(3) an assessment of the potential to host, or incorporate
through software-defined payloads, Global Positioning System
M-code functionality onto allied global navigation satellite
system systems; and
(4) an assessment of new or enhanced monitoring
capabilities that would be needed to incorporate global
navigation satellite system functionality into weapon systems
of the Department.
(e) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020
for increment 2 of the acquisition of military Global
Positioning System user equipment terminals, not more than 75
percent may be obligated or expended until the date on which
the briefing has been provided under subsection (c) and the
report has been submitted under subsection (d).
(f) Definitions.--In this section:
(1) The term ``allied systems'' means--
(A) the Galileo system of the European Union;
(B) the QZSS system of Japan; and
(C) upon designation by the Secretary of Defense, in
consultation with the Director of National Intelligence--
(i) the NAVIC system of India; and
(ii) any similarly associated wide area augmentation
systems.
(2) The term ``covered signals''--
(A) means global navigation satellite system signals from--
(i) allied systems; and
(ii) non-allied systems; and
(B) includes both trusted signals and open signals.
(3) The term ``M-code'' means, with respect to global
navigation satellite system signals, military code that
provides enhanced positioning, navigation, and timing
capabilities and improved resistance to existing and emerging
threats, such as jamming.
(4) The term ``non-allied systems'' means--
(A) the Russian GLONASS system; and
(B) the Chinese Beidou system.
(5) The term ``open signals'' means global navigation
satellite system that do not include encryption or other
internal methods to authenticate signal information.
(6) The term ``trusted signals'' means global navigation
satellite system signals that incorporate encryption or other
internal methods to authenticate signal information.
SEC. 1606. COMMERCIAL SPACE SITUATIONAL AWARENESS
CAPABILITIES.
(a) Findings.--Congress finds the following:
(1) The Secretary of the Air Force is responsible for
developing the hardware and software systems to provide space
situational awareness data to the Commander of the United
States Strategic Command to meet warfighter requirements.
(2) There have been significant delays and cost increases
in the program of record that underpin space situational
awareness.
(3) The Secretary terminated the Joint Space Operations
Center Mission Center and decided to operationally accept the
Joint Space Operations Center Mission Center Increment 2
despite the fact that only three of 12 planned capabilities
in Joint Space Operations Center Mission Center Increment 2
were accepted for use in operations.
(4) Multiple commercial vendors have the current capability
to detect, maintain custody of, and provide analytical
products that can address the warfighter space situational
awareness requirements that were not filled in the Joint
Space Operations Center Mission Center and that have been
impacted by significant delays in the program of record.
(b) Procurement.--Not later than 90 days after the date of
the enactment of this Act, the Director of the Space
Development Agency shall procure commercial space situational
awareness services by awarding at least two contracts for
such services.
(c) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020
for the enterprise space battle management command and
control, not more than 75 percent may be obligated or
expended until the date on which the Secretary of Defense,
without delegation, certifies to the congressional committees
that the Secretary has awarded the contracts under subsection
(b).
(d) Report.--Not later than January 31, 2020, the Director
of the Space Development Agency, in coordination with the
Secretary of the Air Force, shall submit to the congressional
defense committees a report on using commercial space
situational awareness services to fill the space situational
awareness requirements that were not filled in the Joint
Space Operations Center Mission Center. The report shall
include the following:
(1) A description of current domestic commercial
capabilities to detect and track space objects in low earth
orbit below the 10 centimeter threshold of legacy systems.
(2) A description of current domestic best-in-breed
commercial capabilities that can meet such requirements.
(3) Estimates of the timelines, milestones, and funding
requirements to procure a near-term solution to meet such
requirements until the development programs of the Air Force
are projected to be operationally fielded.
(e) Commercial Space Situational Awareness Services
Defined.--In this section, the term ``commercial space
situational awareness services'' means commercial space
situational awareness processing software and data to address
warfighter requirements and fill gaps in current space
situational capabilities of the Air Force.
SEC. 1607. INDEPENDENT STUDY ON PLAN FOR DETERRENCE IN SPACE.
(a) Findings.--Congress finds the following:
(1) Threats to space systems of the United States have
increased and continue to grow.
(2) While the United States must invest in capabilities to
defend such systems in the event of an attack in space, the
United States must also identify and implement policies that
will reduce the likelihood of such an attack.
(3) The United States is developing new capabilities for
enhancing resilience of such systems.
(4) However, the proper balance between active defense,
resilience, and the still lagging investment area of
reconstitution to enhance deterrence remains unclear, as does
the balance between classified and unclassified activities
needed to create deterrence.
(5) Independent analysis and assessment is necessary to
identify steps to increase deterrence in space.
(b) Independent Study.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall
seek to enter into a contract with a federally funded
research and development center or other independent entity
to conduct a study on deterrence in space.
(2) Matters included.--The study under paragraph (1) shall
include, at a minimum, the following:
(A) An assessment of the existing range of major studies
and writings on space deterrence and a comprehensive
comparative analysis of the conclusions of such studies and
writings.
(B) An examination, using appropriate analytical tools, of
the approaches proposed by such studies and writings with
respect to creating conditions of deterrence suitable for use
in the space domain, including, at a minimum, an assessment
of all aspects of deterrence in space, including varying
classification, strategies to deny benefit or impose cost,
and space mission assurance (including resilience, active
defense, and reconstitution).
(C) A determination, made either by extending such studies
and writings or through new analysis, of a holistic and
comprehensive theory of deterrence in space appropriate for
use in defense planning.
(D) An evaluation of existing policies, programs, and plans
of the Department of Defense to provide an assessment of the
likely effectiveness of those policies, programs, and plans
to achieve effective space deterrence.
(c) Assessment by Defense Policy Board.--Not later than 180
days after the date of the enactment of this Act, the Defense
Policy Board shall submit to the Secretary of Defense an
assessment of the study under subsection (b)(1), including,
at a minimum--
(1) a determination of the soundness of the study;
(2) a description of any disagreements the Board has with
the conclusions of such study, including recommended changes
or clarifications to such conclusions the Board determines
appropriate; and
(3) changes to the policies, programs, and plans of the
Department of Defense that the Board recommends based on such
study and the changes and clarifications described in
paragraph (2).
(d) Report.--Not later than 270 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Foreign Relations of the Senate a report that contains the
following:
(1) The study under subsection (b)(1), without change.
(2) The assessment under subsection (c), without change.
(3) Based on such study and assessment, a description of
any changes to the policies, programs, and plans of the
Department of Defense that the Secretary recommends to
enhance deterrence in space, including with respect to--
(A) considerations and decision on reducing the
opportunities and incentives for adversaries to attack space
systems of the United States or allies of the United States;
(B) new architectures, including proliferated systems,
hosted payloads, non-traditional orbits, and reconstitution
among others;
[[Page H5445]]
(C) appropriate uses of partnering with both commercial
entities and allies to improve deterrence in space;
(D) necessary capabilities to enhance the protection of
space systems to achieve improved deterrence;
(E) bilateral, multilateral, and unilateral measures,
including confidence-building measures, that could be taken
to reduce the risk of miscalculation that would lead to an
attack in space;
(F) policies and capability requirements with regard to
attribution of an attack in space;
(G) policies with regard to retaliatory measures either in
space or on the ground;
(H) authorities with regard to decisions and actions to
defend assets of the United States in space; and
(I) changes to current war plans, routine operations
(including information sharing), and demonstration and test
procedures that could enhance the capability of the United
States to signal the intentions and capabilities of the
United States in an effective manner.
(e) Briefing.--Not later than 270 days after the date of
the enactment of this Act, the Secretary shall provide to the
congressional defense committees, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Foreign Relations of the Senate a briefing on the study under
subsection (b)(1) and the assessment under subsection (c).
SEC. 1608. RESILIENT ENTERPRISE GROUND ARCHITECTURE.
(a) Sense of Congress.--It is the sense of Congress that
the Secretary of the Air Force, to advance the security of
the space assets of the Department of Defense, should--
(1) expand on complimentary efforts within the Air Force
that promote the adoption of a resilient enterprise ground
architecture that is responsive to new and changing threats
and can rapidly integrate new capabilities to make the
warfighting force of the United States more resilient in a
contested battlespace; and
(2) prioritize the swift transition of space ground
architecture to a common platform and leverage commercial
capabilities in concurrence with the 2015 intent memorandum
of the Commander of the Air Force Space Command.
(b) Future Architecture.--The Secretary of Defense shall,
to the extent practicable--
(1) develop future satellite ground architectures of the
Department of Defense to be compatible with complimentary
commercial systems that can support uplink and downlink
capabilities with dual-band spacecraft; and
(2) emphasize that future ground architecture transition
away from stove-piped systems to a service-based platform
that provides members of the Armed Forces with flexible and
adaptable capabilities that--
(A) use, as applicable, commercially available capabilities
and technologies for increased resiliency and cost savings;
and
(B) builds commercial opportunity and integration across
the range of resilient space systems.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
SEC. 1611. MODIFICATIONS TO ISR INTEGRATION COUNCIL AND
ANNUAL BRIEFING REQUIREMENTS.
(a) ISR Integration Council.--Subsection (a) of section 426
of title 10, United States Code, is amended to read as
follows:
``(a) ISR Integration Council.--(1) The Under Secretary of
Defense for Intelligence shall establish an Intelligence,
Surveillance, and Reconnaissance Integration Council--
``(A) to assist the Secretary of Defense in carrying out
the responsibilities of the Secretary under section 105(a) of
the National Security Act of 1947 (50 U.S.C. 3038(a));
``(B) to assist the Under Secretary with respect to matters
relating to--
``(i) integration of intelligence and counterintelligence
capabilities and activities under section 137(b) of this
title of the military departments, intelligence agencies of
the Department of Defense, and relevant combatant commands;
and
``(ii) coordination of related developmental activities of
such departments, agencies, and combatant commands; and
``(C) to otherwise provide a means to facilitate such
integration and coordination.
``(2) The Council shall be composed of--
``(A) the Under Secretary, who shall chair the Council;
``(B) the directors of the intelligence agencies of the
Department of Defense;
``(C) the senior intelligence officers of the armed forces
and the regional and functional combatant commands;
``(D) the Director for Intelligence of the Joint Chiefs of
Staff; and
``(E) the Director for Operations of the Joint Chiefs of
Staff.
``(3) The Under Secretary shall invite the participation of
the Director of National Intelligence (or a representative of
the Director) in the proceedings of the Council.
``(4) The Under Secretary may designate additional
participants to attend the proceedings of the Council, as the
Under Secretary determines appropriate.''.
(b) Annual Briefings.--Such section is further amended by
striking subsections (b) and (c) and inserting the following
new subsection (b):
``(b) Annual Briefings on the Intelligence and
Counterintelligence Requirements of the Combatant Commands.--
(1) The Chairman of the Joint Chiefs of Staff shall provide
to the congressional defense committees and the congressional
intelligence committees a briefing on the following:
``(A) The intelligence and counterintelligence
requirements, by specific intelligence capability type, of
each of the relevant combatant commands.
``(B) For the year preceding the year in which the briefing
is provided, the fulfillment rate for each of the relevant
combatant commands of the validated intelligence and
counterintelligence requirements, by specific intelligence
capability type, of such combatant command.
``(C) A risk analysis identifying the critical gaps and
shortfalls in efforts to address operational and strategic
requirements of the Department of Defense that would result
from the failure to fulfill the validated intelligence and
counterintelligence requirements of the relevant combatant
commands.
``(D) A mitigation plan to balance and offset the gaps and
shortfalls identified under subparagraph (C), including with
respect to spaceborne, airborne, ground, maritime, and cyber
intelligence, surveillance, and reconnaissance capabilities.
``(E) For the year preceding the year in which the briefing
is provided--
``(i) the number of intelligence and counterintelligence
requests of each commander of a relevant combatant command
determined by the Joint Chiefs of Staff to be a validated
requirement, and the total of capacity of such requests
provided to each such commander;
``(ii) with respect to such validated requirements--
``(I) the quantity of intelligence and counterintelligence
capabilities or activities, by specific intelligence
capability type, that the Joint Chiefs of Staff requested
each military department to provide; and
``(II) the total of capacity of such requests so provided
by each such military department; and
``(iii) a qualitative assessment of the alignment of
intelligence and counterintelligence capabilities and
activities with the program of analysis for each combat
support agency and intelligence center of a military service
that is part of--
``(I) the Defense Intelligence Enterprise; and
``(II) the intelligence community.
``(2) The Under Secretary of Defense for Intelligence shall
provide to the congressional defense committees and the
congressional intelligence committees a briefing on short-,
mid-, and long-term strategies to address the validated
intelligence and counterintelligence requirements of the
relevant combatant commands, including with respect to
spaceborne, airborne, ground, maritime, and cyber
intelligence, surveillance, and reconnaissance capabilities.
``(3) The briefings required by paragraphs (1) and (2)
shall be provided at the same time that the President's
budget is submitted pursuant to section 1105(a) of title 31
for each of fiscal years 2021 through 2025.
``(4) In this subsection:
``(A) The term `congressional intelligence committees' has
the meaning given that term in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
``(B) The term `Defense Intelligence Enterprise' means the
organizations, infrastructure, and measures, including
policies, processes, procedures, and products, of the
intelligence, counterintelligence, and security components of
each of the following:
``(i) The Department of Defense.
``(ii) The Joint Staff.
``(iii) The combatant commands.
``(iv) The military departments.
``(v) Other elements of the Department of Defense that
perform national intelligence, defense intelligence,
intelligence-related, counterintelligence, or security
functions.
``(C) The term `fulfillment rate' means the percentage of
combatant command intelligence and counterintelligence
requirements satisfied by available, acquired, or realigned
intelligence and counterintelligence capabilities or
activities.
``(D) The term `intelligence community' has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).''.
SEC. 1612. SURVEY AND REPORT ON ALIGNMENT OF INTELLIGENCE
COLLECTIONS CAPABILITIES AND ACTIVITIES WITH
DEPARTMENT OF DEFENSE REQUIREMENTS.
(a) Survey and Review.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Intelligence, in coordination with the Chairman of the Joint
Chiefs of Staff and the Director of National Intelligence,
shall--
(A) review the organization, posture, current and planned
investments, and processes of the intelligence collections
capabilities and activities, for the purpose of assessing the
sufficiency, integration, and interoperability of such
capabilities and activities to support the current and future
requirements of the Department of Defense; and
(B) conduct a survey of each geographic and functional
combatant command, with respect to intelligence collections
capabilities and activities, to assess--
(i) the current state of the support of such capabilities
and activities to military operations;
(ii) whether the posture of such capabilities and
activities is sufficient to address the requirements of the
Department of Defense;
(iii) the extent to which such capabilities and activities
address gaps and deficiencies with respect to the operational
requirements of the Global Campaign Plans, as identified in
the most recent readiness reviews conducted by the Joint
Staff; and
(iv) whether current and planned investments in such
capabilities and activities are sufficient to address near-,
mid-, and long-term spaceborne, airborne, terrestrial, and
human collection capability requirements.
(2) Elements.--The survey and review under paragraph (1)
shall include the following:
(A) A comprehensive assessment of intelligence collections
capabilities and activities, and whether such capabilities
and activities--
(i) are appropriately postured and sufficiently resourced
to meet current and future requirements of the Department of
Defense;
[[Page H5446]]
(ii) are appropriately balanced to address operational and
strategic defense intelligence requirements; and
(iii) are sufficiently integrated and interoperable between
activities of the Military Intelligence Program and the
National Intelligence Program to respond to emerging
requirements of the Department of Defense.
(B) With respect to each geographic and functional
combatant command--
(i) information on the gaps and deficiencies, by specific
intelligence capability type, described in paragraph
(1)(B)(iii);
(ii) a review of the alignment of such gaps and
deficiencies with the intelligence, surveillance, and
reconnaissance submissions to the integrated priorities list
for the period beginning with the completion of the most
recent readiness reviews conducted by the Joint Staff and
ending on the date of the commencement of the survey and
review under subsection (a); and
(iii) detailed information on the allocation and
realignment of intelligence collections capabilities and
activities to address--
(I) such gaps and deficiencies; and
(II) such intelligence, surveillance, and reconnaissance
submissions.
(b) Report.--
(1) Submission.--Not later than 270 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Intelligence shall submit to the appropriate congressional
committees a report on the findings of the Under Secretary
with respect to the survey and review under subsection
(a)(1).
(2) Content.--The report under paragraph (1) shall
include--
(A) an evaluation of--
(i) the organization, posture, current and planned
investments, and processes of the intelligence collections
capabilities and activities, including the extent to which
such capabilities and activities enable the geographic and
functional combatant commands to meet the operational and
strategic requirements of the Department of Defense;
(ii) the use or planned use by each geographic and
functional combatant command of intelligence collections
capabilities and activities available to such command to
address operational and strategic requirements of the
Department of Defense;
(iii) the gaps and deficiencies described in subsection
(a)(1)(B)(iii), if any, that prohibit each geographic and
functional combatant command from the most effective use of
the intelligence collections capabilities and activities to
address priority requirements of the Department of Defense;
(iv) the accepted risk by the Secretary of Defense from the
prioritization of certain Department of Defense requirements
with respect to the allocation of intelligence collections
capabilities and activities; and
(v) the alignment and responsiveness of intelligence
collections capabilities and activities with respect to the
planning requirements for the Program of Analysis of each
combat support agency that is part of--
(I) the Defense Intelligence Enterprise; and
(II) the intelligence community; and
(B) recommendations, if any, to improve the sufficiency,
responsiveness, and interoperability of intelligence
collections capabilities and activities to fulfill the
operational and strategic requirements of the Department of
Defense.
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form without any designation
relating to dissemination control, but may contain a
classified annex.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the congressional intelligence committees.
(2) The term ``combat support agency'' has the meaning
given that term in section 193(f) of title 10, United States
Code.
(3) The term ``Defense Intelligence Enterprise'' has the
meaning given that term in section 1633(c)(2) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 130 Stat. 2600).
(4) The term ``intelligence collections capabilities and
activities'' means the totality of intelligence collections
systems and processes which enable the tasking, processing,
exploitation, and dissemination capabilities, capacity, and
activities of the Defense Intelligence Enterprise.
(5) The term ``intelligence community'' has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
(6) The term ``congressional intelligence committees'' has
the meaning given that term in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
SEC. 1613. MODIFICATION OF ANNUAL AUTHORIZATION OF
APPROPRIATIONS FOR NATIONAL FLAGSHIP LANGUAGE
INITIATIVE.
Section 811(a) of the David L. Boren National Security
Education Act of 1991 (50 U.S.C. 1911(a)) is amended--
(1) by striking ``fiscal year 2003'' and inserting ``fiscal
year 2020''; and
(2) by striking ``$10,000,000'' and inserting
``$16,000,000''.
Subtitle C--Cyberspace-Related Matters
SEC. 1621. NOTIFICATION REQUIREMENTS FOR SENSITIVE MILITARY
CYBER OPERATIONS.
Section 395 of title 10, United States Code, is amended--
(1) in subsection (b)(3), by inserting ``, signed by the
Secretary,'' after ``written notification''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``and'' after the
semicolon at the end;
(ii) by redesignating subparagraph (B) as subparagraph (C);
and
(iii) by inserting after subparagraph (A) the following new
subparagraph:
``(B) is determined to--
``(i) have a medium or high collateral effects estimate;
``(ii) have a medium or high intelligence gain or loss;
``(iii) have a medium or high probability of political
retaliation, as determined by the political military
assessment contained within the associated concept of
operations;
``(iv) have a medium or high probability of detection when
detection is not intended; or
``(v) result in medium or high collateral effects; and'';
and
(B) in paragraph (2)(B), by striking ``outside the
Department of Defense Information Networks to defeat an
ongoing or imminent threat''.
SEC. 1622. QUARTERLY CYBER OPERATIONS BRIEFINGS.
Subsection (b) of section 484 of title 10, United States
Code, is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) An overview of the readiness of the Cyber Mission
Force to perform assigned missions.''.
SEC. 1623. CYBER POSTURE REVIEW.
Section 1644 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91) is amended--
(1) in subsection (a), by inserting ``, not later than
December 31, 2022, and quadrennially thereafter,'' before
``conduct'';
(2) in subsection (b), by striking ``the review'' and
inserting ``each review'';
(3) in subsection (c)--
(A) in the matter preceding paragraph (1), by striking
``The review'' and inserting ``Each review'';
(B) by redesignating paragraph (9) as paragraph (10); and
(C) by inserting after paragraph (8) the following new
paragraph:
``(9) An assessment of the potential costs, benefits, and
value, if any, of establishing a cyber force as a separate
uniformed service.'';
(4) in subsection (d)--
(A) in paragraph (1), by striking ``the cyber'' and
inserting ``each cyber'';
(B) in paragraph (2), by striking ``The report'' and
inserting ``Each report''; and
(C) by striking paragraph (3); and
(5) in subsection (e), by striking ``period beginning on
the date that is five years after the date of the enactment
of this Act and ending on the date that is 10 years after
such date of enactment'' and inserting ``each eight-year
period that begins from the date of each review conducted
under subsection (a)''.
SEC. 1624. TIER 1 EXERCISE OF SUPPORT TO CIVIL AUTHORITIES
FOR A CYBER INCIDENT.
Section 1648 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 is amended--
(1) in subsection (a), by striking ``The'' and inserting
``Not later than February 1, 2020, the''; and
(2) by adding at the end the following new subsection:
``(c) Limitation.--Of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2020 for the Department of Defense for the White
House Communications Agency, not more than 90 percent of such
funds may be obligated or expended until the initiation of
the tier 1 exercise required under subsection (a).''.
SEC. 1625. EVALUATION OF CYBER VULNERABILITIES OF MAJOR
WEAPON SYSTEMS OF THE DEPARTMENT OF DEFENSE.
Section 1647 of the National Defense Authorization Act for
Fiscal Year 2016 is amended by adding at the end the
following new subsections:
``(f) Written Notification.--If the Secretary determines
that the Department will not complete an evaluation of the
cyber vulnerabilities of each major weapon system of the
Department by the date specified in subsection (a)(1), the
Secretary shall provide to the congressional defense
committee written notification relating to each such
incomplete evaluation. Such a written notification shall
include the following:
``(1) An identification of each major weapon system
requiring such an evaluation and the anticipated date of
completion.
``(2) A justification for the inability to complete such an
evaluation by the date specified in subsection (a)(1).
``(g) Report.--The Secretary, acting through the Assistant
Secretary of Defense for Acquisition and Sustainment, shall
provide a report to the congressional defense committees upon
completion of the requirement for an evaluation of the cyber
vulnerabilities of each major weapon system of the Department
under this section. Such report shall include the following:
``(1) An identification of cyber vulnerabilities of each
major weapon system requiring mitigation.
``(2) An identification of current and planned efforts to
address the cyber vulnerabilities of each major weapon system
requiring mitigation, including efforts across the doctrine,
organization, training, materiel, leadership and education,
personnel, and facilities of the Department.
``(3) A description of joint and common cyber vulnerability
mitigation solutions and efforts, including solutions and
efforts across the doctrine, organization, training,
materiel, leadership and education, personnel, and facilities
of the Department.
``(4) A description of lessons learned and best practices
regarding evaluations of the cyber vulnerabilities and cyber
vulnerability mitigation efforts relating to major weapon
systems.
[[Page H5447]]
``(5) A description of efforts to share lessons learned and
best practices regarding evaluations of the cyber
vulnerabilities and cyber vulnerability mitigation efforts of
major weapon systems across the Department.
``(6) An identification of measures taken to
institutionalize evaluations of cyber vulnerabilities of
major weapon systems.
``(7) Information relating to guidance, processes,
procedures, or other activities established to mitigate or
address the likelihood of cyber vulnerabilities of major
weapon systems by incorporation of lessons learned in the
research, development, test, evaluation, and acquisition
cycle, including promotion of cyber education of the
acquisition workforce.
``(8) Any other matters the Secretary determines
relevant.''.
SEC. 1626. EXTENSION OF THE CYBERSPACE SOLARIUM COMMISSION.
Paragraph (1) of section 1652(k) of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232) is amended by striking ``2019'' and
inserting ``2020''.
SEC. 1627. AUTHORITY TO USE OPERATION AND MAINTENANCE FUNDS
FOR CYBER OPERATIONS-PECULIAR CAPABILITY
DEVELOPMENT PROJECTS.
(a) In General.--The Secretary of Defense and each
Secretary concerned may obligate and expend not more than
$3,000,000 of amounts authorized to be appropriated for
operation and maintenance in each of fiscal years 2020
through 2022 to carry out cyber operations-peculiar
capability development projects.
(b) Certification.--For each development project initiated
under the authority provided for in subsection (a), the
Commander of U.S. Cyber Command shall certify to the
congressional defense committees that each project is
determined to be cyber operations-peculiar.
(c) Notification.--Not later than 15 days after exercising
the authority provided for in subsection (a), the Secretary
of Defense shall notify the congressional defense committees
of such exercise.
(d) Report.--Not later than December 31 of each year
through 2022, the Secretary of Defense shall submit to the
congressional defense committees a report on expenditures
made pursuant to the authority provided for in subsection
(a). Each such report shall include a full description and
evaluation of each of the cyber operations-peculiar
capability development projects that is the subject of each
such expenditure, definitions and standards for cyber
operations-peculiar requirements, transition plans, and any
other matters the Secretary determines relevant.
SEC. 1628. NOTIFICATION OF DELEGATION OF AUTHORITIES TO THE
SECRETARY OF DEFENSE FOR MILITARY OPERATIONS IN
CYBERSPACE.
(a) In General.--The Secretary of Defense shall provide
written notification to the Committee on Armed Services of
the House of Representatives and the Committee on Armed
Services of the Senate of authorities delegated to the
Secretary by the President for military operations in
cyberspace that are otherwise held by the National Command
Authority, not later than 15 days after any such delegation.
Such notification shall include the following:
(1) A description of the authorities delegated to the
Secretary.
(2) A description of relevant documents, including execute
orders, issued by the Secretary in accordance with such
authorities.
(3) A list of countries in which such authorities may be
utilized.
(4) A description of authorized activities to be conducted
or planned to be conducted pursuant to such authorities.
(5) Defined military objectives relating to such
authorities.
(b) Procedures.--
(1) In general.--The Secretary of Defense shall establish
and submit to the Committee on Armed Services of the House of
Representatives and the Committee on Armed Services of the
Senate procedures for complying with the requirements of
subsection (a), consistent with the national security of the
United States and the protection of operational integrity.
The Secretary shall promptly notify the Committee on Armed
Services of the House of Representatives and the Committee on
Armed Services of the Senate in writing of any changes to
such procedures at least 14 days prior to the adoption of any
such changes.
(2) Sufficiency.--The Committee on Armed Services of the
House of Representatives and the Committee on Armed Services
of the Senate shall ensure that committee procedures designed
to protect from unauthorized disclosure classified
information relating to national security of the United
States are sufficient to protect the information that is
submitted to the committees pursuant to this section.
(3) Notification in event of unauthorized disclosure.--In
the event of an unauthorized disclosure of authorities
covered by this section, the Secretary of Defense shall
ensure, to the maximum extent practicable, that the Committee
on Armed Services of the House of Representatives and the
Committee on Armed Services of the Senate are notified
immediately. Notification under this paragraph may be verbal
or written, but in the event of a verbal notification, a
written notification signed by the Secretary shall be
provided by not later than 48 hours after the provision of
such verbal notification.
SEC. 1629. LIMITATION OF FUNDING FOR CONSOLIDATED AFLOAT
NETWORKS AND ENTERPRISE SERVICES.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2020 for the
Consolidated Afloat Networks and Enterprise Services, not
more than 85 percent of such funds may be obligated or
expended until the Secretary of Defense, in coordination with
the Chief Information Officer of the Department of Defense,
certifies to the congressional defense committees that the
recommendations in the Audit of Consolidated Afloat Networks
and Enterprise Services Security Safeguards (DODIG-2019-072)
have been implemented.
SEC. 1630. ANNUAL MILITARY CYBERSPACE OPERATIONS REPORT.
(a) In General.--Not later than March 1 of each year, the
Secretary of Defense shall provide to the congressional
defense committees a written report detailing all military
cyberspace operations conducted in the previous calendar
year. For each such operation each such report shall include
the following:
(1) An identification of the objective and purpose.
(2) Impacted information technology infrastructure, by
location.
(3) A description of tools and capabilities utilized.
(4) An identification of the Cyber Mission Force team, or
other Department of Defense entity or unit, that conducted
such operation, and supporting teams, entities, or units.
(5) A description of the infrastructure and platforms on
which such operation occurred.
(6) A description of relevant legal, operational, and
funding authorities, including Execute Orders and Deployment
Orders.
(7) Information relating to the total amount of funding
required and associated program elements.
(8) Any other matters the Secretary determines relevant.
(b) Classification.--The Secretary of Defense shall provide
each report required under subsection (a) at a classification
level the Secretary determines appropriate.
(c) Limitation.--This section does not apply to cyber-
enabled military information support operations.
(d) Definition.--In this section, the term ``military
cyberspace operations'' means defensive and offensive--
(1) cyber effects enabling operations, activities, and
missions; and
(2) cyber effects operations, activities, and missions.
SEC. 1631. REPORT ON SYNCHRONIZATION OF EFFORTS RELATING TO
CYBERSECURITY IN THE DEFENSE INDUSTRIAL BASE.
(a) Report.--Not later than May 1, 2020, the Secretary of
Defense shall submit to the congressional defense committees
a report on efforts, and roles and responsibilities, relating
to cybersecurity in the Defense Industrial Base.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) Definitions for ``Controlled Unclassified Information''
(CUI) and ``For Official Use Only'' (FOUO), as well as
policies regarding protecting information designated as such.
(2) A comprehensive list of Department of Defense programs
to assist the Defense Industrial Base with cybersecurity
compliance requirements of the Department.
(3) An evaluation of the resources and utilization of
Department programs to assist the Defense Industrial Base in
complying with cybersecurity compliance requirements referred
to in paragraph (2).
(4) Optimal levels of resourcing required for activities,
programs, and other Department efforts to assess and monitor
compliance by the Defense Industrial Base with such
cybersecurity compliance requirements.
(5) Roles and responsibilities of the Under Secretary of
Defense for Acquisition and Sustainment, the Chief
Information Officer, the Chief Management Officer, the
Director of the Protecting Critical Technologies Task Force,
and the Secretaries of the military services relating to the
following:
(A) Establishing and ensuring compliance with cybersecurity
standards, regulations, and policies.
(B) Deconflicting existing cybersecurity standards,
regulations, and policies.
(C) Coordinating with and providing assistance to the
Defense Industrial Base for cybersecurity matters,
particularly such relates to the issues described in
paragraphs (2), (3), and (8).
(6) Efforts to enhance the Department's visibility into its
entire supply chain without violating privity.
(7) An evaluation of methodologies to tier cybersecurity
requirements for the Defense Industrial Base relative to
risk.
(8) Efforts to support and enhance threat information
sharing between the Department and the Defense Industrial
Base.
(9) An evaluation of a single Sector Coordinating Council
for the Defense Industrial Base.
(10) An explanation of the Department's Protecting Critical
Technologies Task Force efforts, and how its work will be
incorporated into existing Department efforts.
(11) Any other information the Secretary of Defense
determines relevant.
(c) Definition.--In this section, the term ``Defense
Industrial Base'' includes traditional and non-traditional
defense contractors and academic institutions with
contractual relationships with the Department of Defense
related to activities involving information or technology
requiring cybersecurity compliance.
SEC. 1632. BRIEFINGS ON THE STATUS OF THE NATIONAL SECURITY
AGENCY AND UNITED STATES CYBER COMMAND
PARTNERSHIP.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act and quarterly thereafter, the
Secretary of Defense and the Director of National
Intelligence shall provide to the congressional defense
committees and the Permanent Select Committee on Intelligence
of the House of Representatives and the Select Committee on
Intelligence of the Senate briefings on the nature of the
National Security Agency and United States Cyber Command's
current and future partnership. Briefings under this section
shall terminate on January 1, 2022.
[[Page H5448]]
(b) Elements.--Each briefing under this section shall
include the following:
(1) Status updates on the current and future National
Security Agency-United States Cyber Command partnership
efforts.
(2) Executed documents, written memoranda of agreements or
understandings, and policies issued governing such current
and future partnership.
(3) Projected long-term efforts.
(4) Updates related to the assessment required under
section 1642 of the National Defense Authorization Act for
Fiscal Year 2017 (relating to limitation on termination of
dual-hat arrangement for Commander of the United States Cyber
Command; Public Law 114-328).
Subtitle D--Nuclear Forces
SEC. 1641. IMPROVEMENT TO ANNUAL REPORT ON THE MODERNIZATION
OF THE NUCLEAR WEAPONS ENTERPRISE.
(a) Extension.--Section 1043(a) of the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-81;
125 Stat. 1576), as most recently amended by section 1670 of
the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2157), is
further amended in paragraph (1) by striking ``2023'' and
inserting ``2024''.
(b) Acquisition Costs.--Paragraph (2) of such section is
amended--
(1) by redesignating subparagraph (G) as subparagraph (I);
and
(2) by inserting after subparagraph (F) the following new
subparagraphs:
``(G) For the 10-year period following the date of the
report, an estimate of the relative percentage of acquisition
costs of the military departments, and of the entire
Department of Defense, represented by the costs to the
Department of Defense to modernize and recapitalize the
nuclear weapons enterprise.
``(H) A plan covering the 25-year period following the date
of the report that--
``(i) covers the research and development and production
relating to nuclear weapons that are being modernized or
sustained, including with respect to--
``(I) associated delivery systems or platforms that carry
nuclear weapons;
``(II) nuclear command and control systems; and
``(III) facilities, infrastructure, and critical skills;
and
``(ii) includes estimated timelines for such research and
development and production, and the estimated acquisition and
life cycle costs, including estimated cost ranges if
necessary, to modernize or recapitalize each system.''.
(c) Transfer of Provision.--
(1) Codification.--Such section 1043, as amended by
subsections (a) and (b), is--
(A) transferred to chapter 24 of title 10, United States
Code;
(B) inserted after section 492;
(C) redesignated as section 492a; and
(D) amended--
(i) in the enumerator, by striking ``SEC.'' and inserting
``Sec. ''; and
(ii) in the section heading--
(I) by striking the period at the end; and
(II) by conforming the typeface and typestyle, including
capitalization, to the typeface and typestyle as used in the
section heading of section 491 of such title.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 24 of title 10, United States Code, is
amended by inserting after the item relating to section 492
the following new item:
``492a. Annual report on the plan for the nuclear weapons stockpile,
nuclear weapons complex, nuclear weapons delivery
systems, and nuclear weapons command and control
system.''.
SEC. 1642. BRIEFINGS ON MEETINGS HELD BY THE NUCLEAR WEAPONS
COUNCIL.
Section 179 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(g) Semiannual Briefings.--Not later than 30 days after
the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2020, and semiannually
thereafter, the Council shall--
``(1) provide to the congressional defense committees a
briefing on, with respect to the period covered by the
briefing--
``(A) the dates on which the Council met; and
``(B) a summary of any decisions made by the Council
pursuant to subsection (d) at each such meeting, except with
respect to budget decisions relating to the budget of the
President for a fiscal year if the request for that fiscal
year has not been submitted to Congress as of the date of the
briefing; and
``(2) submit to such committees at the time of the
briefing--
``(A) any decision memoranda relating to the decisions
specified in paragraph (1)(B); and
``(B) a summary of the rationale and considerations that
informed such decision.''.
SEC. 1643. ELIMINATION OF CONVENTIONAL REQUIREMENT FOR LONG-
RANGE STANDOFF WEAPON.
Subsection (a) of section 217 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113-66;
127 Stat. 706), as amended by section 1662 of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 132 Stat. 2152), is amended to read
as follows:
``(a) Long-range Standoff Weapon.--The Secretary of the Air
Force shall develop a follow-on air-launched cruise missile
to the AGM-86 that--
``(1) achieves initial operating capability for nuclear
missions prior to the retirement of the nuclear-armed AGM-86;
and
``(2) is capable of internal carriage and employment for
nuclear missions on the next-generation long-range strike
bomber.''.
SEC. 1644. EXTENSION OF ANNUAL BRIEFING ON THE COSTS OF
FORWARD-DEPLOYING NUCLEAR WEAPONS IN EUROPE.
Section 1656(a) of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1124) is
amended--
(1) by striking ``2021'' and inserting ``2024''; and
(2) by inserting ``, the Committee on Foreign Affairs of
the House of Representatives, and the Committee on Foreign
Relations of the Senate'' after ``the congressional defense
committees''.
SEC. 1645. TEN-YEAR EXTENSION OF PROHIBITION ON AVAILABILITY
OF FUNDS FOR MOBILE VARIANT OF GROUND-BASED
STRATEGIC DETERRENT MISSILE.
Section 1664 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2615), as
most recently amended by section 1666 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232), is amended by striking ``for any of
fiscal years 2017 through 2020'' and inserting ``for any of
fiscal years 2017 through 2030''.
SEC. 1646. PROHIBITION ON AVAILABILITY OF FUNDS FOR
DEPLOYMENT OF LOW-YIELD BALLISTIC MISSILE
WARHEAD.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2020 for the
Department of Defense may be used to deploy the W76-2 low-
yield warhead.
SEC. 1647. REPORT ON MILITARY-TO-MILITARY DIALOGUE TO REDUCE
THE RISK OF MISCALCULATION LEADING TO NUCLEAR
WAR.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense, in coordination with the
Secretary of State, shall submit to the congressional defense
committee, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of
the Senate a report containing the following:
(1) A description of--
(A) current military-to-military discussions of the United
States with counterparts from governments of foreign
countries to reduce the risk of miscalculation, unintended
consequences, or accidents that could precipitate a nuclear
war; and
(B) bilateral and multilateral agreements to which the
United States is a party that address such risks.
(2) An assessment conducted jointly by the Secretary and
the Chairman of the Joint Chiefs of Staff of the policy and
operational necessity, risks, benefits, and costs of
establishing military-to-military discussions with Russia,
China, and North Korea to address such risks.
SEC. 1648. PLAN ON NUCLEAR COMMAND, CONTROL, AND
COMMUNICATIONS SYSTEMS.
(a) Plan.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of Defense, in
coordination with the Commander of the United States
Strategic Command, shall submit to the appropriate
congressional committees a plan on the future of the nuclear
command, control, and communications systems.
(b) Matters Included.--The plan under subsection (a) shall
address the following:
(1) Near- and long-term plans and options to recapitalize
the nuclear command, control, and communications systems to
ensure the resilience of such systems.
(2) Requirements for such systems, including with respect
to survivability and reliability.
(3) The risks and benefits of replicating the current
architecture for such systems as of the date of the plan.
(4) The risks and benefits of using different architectures
for such systems, including, at a minimum, using hosted
payloads.
(5) Whether such architectures should be classified or
unclassified.
(6) Requirements and plans to ensure the security of the
supply chain of nuclear command, control, and communications
systems.
(7) Timelines and general cost estimates for long-term
investments in such systems.
(8) Options for potential negotiation with adversaries,
including with respect to agreements to not target nuclear
command, control, and communications systems through kinetic,
nonkinetic, or cyber attacks.
(9) Any other matters the Secretary determines appropriate.
(c) Interim Briefing.--Not later than 90 days after the
date of the enactment of this Act, the Secretary, in
coordination with the Commander, shall provide to the
congressional defense committees a briefing on the plan under
subsection (a).
SEC. 1649. INDEPENDENT STUDY ON POLICY OF NO-FIRST-USE OF
NUCLEAR WEAPONS.
(a) Study.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to
enter into a contract with a federally funded research and
development center to conduct a study on the United States
adopting a policy to not use nuclear weapons first.
(b) Matters Included.--The study under subsection (a) shall
include the following:
(1) An assessment of the benefits of a policy to not use
nuclear weapons first in reducing the risk of miscalculation
in a crisis.
(2) An assessment of the likely reactions of the allies of
the United States with respect to the United States adopting
such a policy and how any negative reactions could be
mitigated, including the value of engaging such allies to
offer credible extended deterrence assurances.
(3) An assessment of which foreign countries have stated or
adopted such a policy.
(4) An assessment of how adversaries of the United States
might view such a policy.
(5) An assessment of the benefits and risks of such a
policy with respect to nuclear nonproliferation.
[[Page H5449]]
(6) An assessment of changes in force posture and force
requirements, if any, and costs or savings, that such a
policy would entail.
(7) Any other matters the Secretary determines appropriate.
(c) Submission to DOD.--Not later than 210 days after the
date of the enactment of this Act, the federally funded
research and development center shall submit to the Secretary
the study under subsection (a).
(d) Submission to Congress.--Not later than 240 days after
the date of the enactment of this Act, the Secretary shall
submit to the congressional defense committees, the Committee
on Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate the study under
subsection (a), without change.
(e) Form.--The study under subsection (a) shall be
submitted under subsections (c) and (d) in unclassified form,
but may include a classified annex.
SEC. 1650. INDEPENDENT STUDY ON RISKS OF NUCLEAR TERRORISM
AND NUCLEAR WAR.
(a) Study.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to
enter into an agreement with the National Academy of Sciences
to conduct a study on the potential risks of nuclear
terrorism and nuclear war.
(b) Matters Included.--The study under subsection (a)
shall--
(1) quantify the potential risks of nuclear terrorism and
nuclear war, including the level of uncertainty;
(2) assess prior literature on such risks;
(3) assess the role that quantitative risk analysis and
other disciplines can play in quantifying such risks,
including the limitations of such analysis and disciplines;
(4) assess the extent to which the nuclear strategy of the
United States is consistent with the risks of nuclear
terrorism and nuclear war identified in the study; and
(5) provide recommendations as to whether fundamental
assumptions about the national security strategy of the
United States might need to be reconsidered.
(c) Submission.--Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees the study under subsection
(a), without change.
(d) Form.--The study shall be submitted under subsection
(c) in unclassified form, but may include a classified annex.
Subtitle E--Missile Defense Programs
SEC. 1661. NATIONAL MISSILE DEFENSE POLICY.
(a) Policy.--Subsection (a) of section 1681 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114-328; 10 U.S.C. 2431 note) is amended to read as follows:
``(a) Policy.--It is the policy of the United States to--
``(1) maintain and improve, with funding subject to the
annual authorization of appropriations and the annual
appropriation of funds for National Missile Defense--
``(A) an effective protection of the homeland of the United
States against offensive missile threats posed by rogue
states; and
``(B) an effective regional missile defense system capable
of defending the allies, partners, and deployed forces of the
United States against increasingly complex missile threats;
and
``(2) rely on nuclear deterrence to address more
sophisticated and larger quantity near-peer intercontinental
ballistic missile threats.''.
(b) Briefing.--Not later than January 31, 2020, the
Director of Cost Assessment and Program Evaluation shall
provide to the Committee on Armed Services of the House of
Representatives a briefing on the programmatic impacts across
the Department of Defense with respect to the implementation
of the Missile Defense Review issued in 2019.
SEC. 1662. DEVELOPMENT OF HYPERSONIC AND BALLISTIC MISSILE
TRACKING SPACE SENSOR PAYLOAD.
(a) Development.--Section 1683 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10
U.S.C. 2431 note) is amended--
(1) by redesignating subsections (d), (e), (f), (g), and
(h), as subsections (e), (f), (g), (h), and (j),
respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Hypersonic and Ballistic Missile Tracking Space
Sensor Payload.--The Director, in coordination with the
Director of the Space Development Agency and the Secretary of
the Air Force, shall--
``(1) develop a hypersonic and ballistic missile tracking
space sensor payload; and
``(2) include such payload as a component of the sensor
architecture developed under subsection (a).''.
(b) Updated Plan.--Such section is further amended by
inserting after subsection (h), as redesignated by subsection
(a), the following new subsection:
``(i) Updated Plan.--Not later than 90 days after the date
of the enactment of the National Defense Authorization Act
for Fiscal Year 2020, the Director of the Missile Defense
Agency, in coordination with the Director of the Space
Development Agency and the Secretary of the Air Force, shall
submit to the appropriate congressional committees an update
to the plan under subsection (h), including the following:
``(1) How the Director of the Missile Defense Agency, in
coordination with the Director of the Space Development
Agency and the Secretary, will develop the payload under
subsection (d) and include such payload in the sensor
architecture developed under subsection (a).
``(2) How such payload will address the requirement of the
United States Strategic Command for a hypersonic and
ballistic missile tracking space sensing capability.
``(3) The estimated costs (in accordance with subsection
(e)) to develop, acquire, and deploy, and the lifecycle costs
to operate and sustain, the payload under subsection (f) and
include such payload in the sensor architecture developed
under subsection (a).''.
(c) Conforming Amendment.--Subsection (h)(1) of such
section, as redesignated by subsection (a), is amended by
striking ``with subsection (d)'' and inserting ``with
subsection (e)''.
SEC. 1663. REQUIREMENT FOR TESTING OF REDESIGNED KILL VEHICLE
PRIOR TO PRODUCTION.
(a) Sense of Congress.--It is the sense of Congress that
the Director of the Missile Defense Agency must address the
technical issues of the redesigned kill vehicle prior to
moving forward with development, procurement, and fielding of
the vehicle.
(b) Modifications to Waiver Requirements.--Subsection (b)
of section 1683 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 2163) is amended to read as follows:
``(b) Waiver.--The Secretary of Defense, without
delegation, may waive subsection (a) if--
``(1) the Secretary determines that the waiver is in the
interest of national security;
``(2) the Secretary conducts an assessment of the missile
developments of both North Korea and Iran during the 18-month
period preceding the date of the waiver;
``(3) the Secretary determines that the threat of missiles
is advancing at a pace that requires additional capacity of
the ground-based midcourse defense system by 2023, including
in light of the assessment conducted under paragraph (2);
``(4) the Secretary determines that the waiver is
appropriate in light of the assessment conducted by the
Director of Operational Test and Evaluation under subsection
(c);
``(5) the Secretary submits to the congressional defense
committees a report containing--
``(A) a notice of the waiver, including the rationale of
the Secretary for making the waiver; and
``(B) a certification by the Secretary that the Secretary
has analyzed and accepts the risk of making and implementing
a lot production decision for the redesigned kill vehicle
prior to the vehicle undergoing a successful flight intercept
test; and
``(6) a period of 30 days elapses following the date on
which the Secretary submits the report under paragraph
(5).''.
(c) Modification to Assessment.--Subsection (c) of such
section is amended by inserting ``and to the congressional
defense committees'' after ``to the Secretary of Defense''.
SEC. 1664. DEVELOPMENT OF SPACE-BASED BALLISTIC MISSILE
INTERCEPT LAYER.
Section 1688 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2431 note) is
amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
SEC. 1665. ORGANIZATION, AUTHORITIES, AND BILLETS OF THE
MISSILE DEFENSE AGENCY.
(a) Independent Study.--
(1) Assessment.--In accordance with paragraph (2), the
Secretary of Defense shall seek to enter into a contract with
a federally funded research and development center to conduct
a study assessing--
(A) the organization of the Missile Defense Agency under
the Under Secretary of Defense for Research and Engineering
pursuant to section 205(b) of title 10, United States Code;
(B) alternative ways to organize the Agency under other
officials of the Department of Defense, including the Under
Secretary for Acquisition and Sustainment and any other
official of the Department the federally funded research and
development center determines appropriate; and
(C) transitioning the Agency to the standard acquisition
process pursuant to Department of Defense Instruction 5000,
including both the risks and benefits of making such a
transition.
(2) Scope of study.--Before entering into the contract with
a federally funded research and development center to conduct
the study under paragraph (1), the Secretary shall provide to
the congressional defense committees an update on the scope
of such study.
(3) Submission to dod.--Not later than 150 days after the
date of the enactment of this Act, the federally funded
research and development center shall submit to the Secretary
a report containing the study conducted under paragraph (1).
(4) Submission to congress.--Not later than 180 days after
the date of the enactment of this Act, the Secretary shall
submit to the congressional defense committees the study
under paragraph (1), without change.
(b) Notification on Changes to Non-standard Acquisition
Processes and Responsibilities.--
(1) Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2020 for the Secretary of Defense may be
obligated or expended to change the non-standard acquisition
processes and responsibilities described in paragraph (2)
until--
(A) the Secretary notifies the congressional defense
committees of such proposed change; and
(B) a period of 90 days has elapsed following the date of
such notification.
(2) Non-standard acquisition processes and responsibilities
described.--The non-standard acquisition processes and
responsibilities described in this paragraph are such
processes and responsibilities described in--
(A) the memorandum of the Secretary of Defense titled
``Missile Defense Program Direction'' signed on January 2,
2002;
[[Page H5450]]
(B) Department of Defense Directive 5134.09, as in effect
on the date of the enactment of this Act; and
(C) United States Strategic Command Instruction 583-3.
(c) Limitation on Certain Transfers of Billets.--During
fiscal year 2020, the Secretary of Defense may not transfer
civilian or military billets from the Missile Defense Agency
to any element of the Department under the Under Secretary of
Defense for Research and Engineering until, for each such
transfer--
(1) the Secretary notifies the congressional defense
committees of such proposed transfer; and
(2) a period of 90 days has elapsed following the date of
such notification.
SEC. 1666. MISSILE DEFENSE INTERCEPTOR SITE IN CONTIGUOUS
UNITED STATES.
(a) Designation.--The Secretary shall designate the
preferred location of a missile defense site in the
contiguous United States from among the locations evaluated
pursuant to section 227 of the National Defense Authorization
Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat.
1678). The Secretary shall make such designation based on the
following:
(1) The environmental impact statement prepared pursuant to
section 227 of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1678).
(2) Strategic and operational effectiveness, including with
respect to the location that is the most advantageous site in
providing coverage to the entire contiguous United States,
including having the capability to provide shoot-assess-shoot
coverage to the entire contiguous United States.
(3) Construction remediation efforts and impacts to the
existing environment at the site.
(4) The existing infrastructure at the site.
(5) The costs to construct, equip, and operate the site.
(b) Report.--Not later than January 31, 2020, the Secretary
shall submit to the congressional defense committees a report
on the designation made under subsection (a) with respect to
each factor specified in paragraphs (1) through (5) of such
subsection.
(c) Rule of Construction.--Nothing in this section may be
construed--
(1) as requiring the Secretary of Defense to begin a
military construction project relating to the missile defense
site in the contiguous United States; or
(2) as a statement that there is any current military
requirement for such a site.
(d) Conforming Repeal.--Section 1681 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 131 Stat. 1776) is repealed.
SEC. 1667. MISSILE DEFENSE RADAR IN HAWAII.
(a) Construction of Homeland Defense Radar-Hawaii.--Subject
to subsection (b), the Director of the Missile Defense Agency
may use funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2020 for research,
development, test, and evaluation for the Missile Defense
Agency to design, build, and integrate the foundation of the
homeland defense radar in Hawaii and the thermal control
system of the radar.
(b) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020
for research, development, test, and evaluation for the
homeland defense radar in Hawaii, not more than 85 percent
may be obligated or expended until the Director--
(1) completes the critical design review of the radar;
(2) submits to the congressional defense committees an
assessment conducted by the Army Corps of Engineers on the
research, development, test, and evaluation proposal to
design, build, and integrate the foundation of the radar and
the thermal control system of the radar that highlights any
unique components of such proposal; and
(3) provides to such committees a briefing on incorporating
the foundation and thermal control system into the overall
design of the radar.
SEC. 1668. LIMITATION ON AVAILABILITY OF FUNDS FOR LOWER TIER
AIR AND MISSILE SENSOR.
(a) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020
for the Army for the lower tier air and missile defense
sensor, not more than 75 percent may be obligated or expended
until the Secretary of the Army submits the report under
subsection (b).
(b) Report.--The Secretary of the Army shall submit to the
congressional defense committees a report on the test and
demonstration of lower tier air and missile defense sensors
that occurred during the third quarter of fiscal year 2019.
Such report shall include the following:
(1) An explanation of how the test and demonstration was
conducted and what the test and demonstration set out to
achieve, including--
(A) an explanation of the performance specifications used;
and
(B) a description of the emulated threats used in the test
and demonstration and how such threats compare to emerging
regional air and missile threats.
(2) An explanation of the capability of the sensor system
that the Secretary determined to be the winner of the test
and demonstration, including with respect to--
(A) the capability of such sensor system against key
threats and requirements, including whether such sensor
system will be delivered with full 360-degree coverage and
the ability of such sensor system to detect, track, and
surveil targets;
(B) the estimated procurement and life-cycle costs of
operating such sensor system; and
(C) the cost, timeline, and approach that will be used to
integrate the lower tier air and missile defense sensor with
other sensors using the Integrated Air and Missile Defense
Battle Command System.
(3) An explanation of whether future performance
improvements to the lower tier air and missile defense sensor
are conditional on intellectual property and how such
improvements will be made if the United States does not own
such intellectual property.
SEC. 1669. COMMAND AND CONTROL, BATTLE MANAGEMENT, AND
COMMUNICATIONS PROGRAM.
(a) Limitation on Sale.--The Director of the Missile
Defense Agency may not pursue release of the command and
control, battle management, and communications program (or
any variants thereof) for export until the date on which the
Director submits the report under subsection (b).
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Director shall submit to the
congressional defense committees, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Foreign Relations of the Senate a report containing the
following:
(1) An explanation of the rationale of the Director for
considering to export the command and control, battle
management, and communications program (or any variants
thereof) in light of the critical role of the program in the
strategic national defense of the United States and the
allies of the United States against ballistic missile attack.
(2) The findings of the market research and analysis
conducted by the Director regarding exportable command and
control solutions for ballistic missile defense, including
such solutions that are internationally available.
SEC. 1670. ANNUAL ASSESSMENT OF BALLISTIC MISSILE DEFENSE
SYSTEM.
(a) Sense of Congress.--It is the sense of Congress that
operational test and evaluation of elements of the ballistic
missile defense system should be conducted thoroughly in
accordance with section 2399 of title 10, United States Code,
including with respect to the reports required to be
submitted to the congressional defense committees under
subsection (b) of such section regarding the results of
testing conducted on major defense acquisition programs.
(b) Annual Assessment.--As part of the annual report of the
Director of Operational Test and Evaluation submitted to
Congress under section 139 of title 10, United States Code,
the Director shall include an assessment of the ballistic
missile defense system and all of the elements of the system
that have been fielded or are planned, as of the date of the
assessment, including--
(1) the operational effectiveness, suitability, and
survivability of the ballistic missile defense system and the
elements of the system that have been fielded or tested; and
(2) the adequacy and sufficiency of the test program of
such system as of the date of the assessment, including with
respect to the operational realism of the tests.
(c) Form.--Each assessment under subsection (a) may be
submitted in unclassified form, and may include a classified
annex.
Subtitle F--Other Matters
SEC. 1681. MODIFICATION TO REPORTS ON CERTAIN SOLID ROCKET
MOTORS.
Section 1696(b) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 2171) is amended--
(1) by striking ``rockets or missiles'' and inserting
``rockets, missiles, or space launch services'' each place it
appears; and
(2) in paragraph (2)(C), by striking ``rocket or missile''
and inserting ``rocket, missile, or space launch service''.
SEC. 1682. REPEAL OF REVIEW REQUIREMENT FOR AMMONIUM
PERCHLORATE REPORT.
Section 1694(d) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1792) is
repealed.
SEC. 1683. REPEAL OF REQUIREMENT FOR COMMISSION ON
ELECTROMAGNETIC PULSE ATTACKS AND SIMILAR
EVENTS.
(a) Findings.--Congress finds the following:
(1) On March 26, 2019, the President released the
``Executive Order on Coordinating National Resilience to
Electromagnetic Pulses''.
(2) The Executive Order codifies policy, roles, and
responsibilities within the executive branch in order to
foster sustainable, efficient, and cost-effective approaches
to improving the resilience of the United States to the
effects of electromagnetic pulses.
(b) Repeal.--Section 1691 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91;
131 Stat. 1786) is repealed.
SEC. 1684. CONVENTIONAL PROMPT GLOBAL STRIKE WEAPON SYSTEM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Under Secretary of Defense for Policy has not
adequately responded to Congress regarding the miscalculation
and ambiguity risks posed by hypersonic weapons, specifically
from submarine-launched platforms, including pursuant to the
report required by section 1698 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 2172); and
(2) the Secretary of Defense should coordinate technology
maturation efforts to develop common technologies for
hypersonics, and should leverage defense laboratories and
university partners to lead foundational hypersonic research
in areas the Secretary determines appropriate for the
Department of Defense.
(b) Prohibition.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2020 for the conventional prompt global strike
weapon system may be used for a submarine-launched
conventional prompt global strike capability, including
[[Page H5451]]
with respect to developing or testing such a capability,
unless such capability--
(1) is transferrable to a surface-launched platform; and
(2) is not exclusive to submarines.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Navy shall submit
to the congressional defense committees a report on the
programmatic changes required to integrate the conventional
prompt global strike weapon system into the DDG-1000 program
or other surface ships.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2020''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.
(a) Expiration of Authorizations After Five Years.--Except
as provided in subsection (b), all authorizations contained
in titles XXI through XXX (other than title XXVIII) for
military construction projects, land acquisition, family
housing projects and facilities, and contributions to the
North Atlantic Treaty Organization Security Investment
Program (and authorizations of appropriations therefor) shall
expire on the later of--
(1) October 1, 2024; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2025.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have
been obligated before the later of--
(1) October 1, 2024; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2025 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment Program.
SEC. 2003. EFFECTIVE DATE.
Titles XXI through XXX (other than title XXVIII) shall take
effect on the later of--
(1) October 1, 2019; or
(2) the date of the enactment of this Act.
TITLE XXI--ARMY MILITARY CONSTRUCTION
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Army: Inside the United States
------------------------------------------------------------------------
State Installation Amount
------------------------------------------------------------------------
Alabama....................... Redstone Arsenal...... $38,000,000
Colorado...................... Fort Carson........... $71,000,000
Georgia....................... Fort Gordon........... $107,000,000
Hunter Army Airfield.. $62,000,000
Kentucky...................... Fort Campbell......... $61,300,000
Kwajalein..................... Kwajalein Atoll....... $40,000,000
Massachusetts................. Natick Soldier Systems $50,000,000
Center...............
Michigan...................... Detroit Arsenal....... $24,000,000
New York...................... Fort Drum............. $44,000,000
North Carolina................ Fort Bragg............ $12,500,000
Oklahoma...................... Fort Sill............. $73,000,000
Pennsylvania.................. Carlisle Barracks..... $98,000,000
South Carolina................ Fort Jackson.......... $88,000,000
Texas......................... Corpus Christi Army $86,000,000
Depot................
Fort Hood............. $50,500,000
Virginia...................... Fort Belvoir.......... $60,000,000
Joint Base Langley- $55,000,000
Eustis...............
Washington.................... Joint Base Lewis- $46,000,000
McChord..............
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of the Army may acquire real
property and carry out the military construction project for
the installation or location outside the United States, and
in the amount, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Country Installation Amount
------------------------------------------------------------------------
Honduras..................... Soto Cano Air Base...... $34,000,000
------------------------------------------------------------------------
(c) Study of Near-term Facility Alternatives to House High
Value Detainees.--
(1) Study required.--The Secretary of Defense shall conduct
a study of alternatives to meet the near-term facility
requirements to safely and humanely house high value
detainees current detained at Naval Station Guantanamo Bay,
Cuba. As part of the study, the Secretary shall consider the
following alternatives:
(A) The construction of new facilities.
(B) The repair of current facilities.
(C) The renovation and repurposing of other facilities at
Naval Station Guantanamo Bay, Cuba.
(D) Such other alternatives as the Secretary considers
practicable.
(2) Submission of results.--Not later than 90 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees
a report containing the results of the study conducted under
paragraph (1). The report shall be unclassified, but may
include a classified annex.
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2103(a) and available for military family housing
functions as specified in the funding table in section 4601,
the Secretary of the Army may construct or acquire family
housing units (including land acquisition and supporting
facilities) at the installation, and in the amount, set forth
in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State/Country Installation Units Amount
----------------------------------------------------------------------------------------------------------------
Pennsylvania............................ Tobyhanna Army Depot..... Family Housing Replacement $19,000,000
Construction.............
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military family housing functions
as specified in the funding table in section 4601, the
Secretary of the Army may carry out architectural and
engineering services and construction design activities with
respect to the construction or improvement of family housing
units in an amount not to exceed $9,222,000.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2019, for military construction, land
acquisition, and military family housing functions of the
Department of the Army as specified in the funding table in
section 4601.
[[Page H5452]]
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2101 of this Act may not exceed the
total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
SEC. 2104. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2019 PROJECTS.
(a) Anniston Army Depot, Alabama.--In the case of the
authorization contained in the table in section 2101(a) of
the National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 2241) for Anniston Army Depot,
Alabama, for construction of a weapon maintenance shop, as
specified in the funding table in section 4601 of such Act
(132 Stat. 2401), the Secretary of the Army may construct a
21,000-square foot weapon maintenance shop.
(b) United States Military Academy, New York.--The table in
section 2101(a) of the National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2241) is
amended in the item relating to the United States Military
Academy, New York, by striking ``$160,000,000'' and inserting
``$197,000,000'' for construction of a Consolidated
Engineering Center and Parking Structure rather than the
separate projects specified in the funding table in section
4601 of such Act (132 Stat. 2401).
TITLE XXII--NAVY MILITARY CONSTRUCTION
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Arizona....................... Marine Corps Air $ 189,760,000
Station Yuma.........
California.................... Camp Pendleton........ $185,569,000
Marine Corps Air $37,400,000
Station Miramar......
Naval Air Weapons $64,500,000
Station China Lake...
Navel Base Coronado... $165,830,000
Naval Base San Diego.. $9,900,000
Naval Weapons Station $123,310,000
Seal Beach...........
Travis Air Force Base. $64,000,000
Connecticut................... Naval Submarine Base $72,260,000
New London...........
Florida....................... Blount Island......... $18,700,000
Naval Air Station $32,420,000
Jacksonville.........
Guam.......................... Joint Region Marianas. $226,000,000
Hawaii........................ Marine Corps Air $134,050,000
Station Kaneohe Bay..
Naval Ammunition Depot $53,790,000
West Loch............
Maryland...................... Saint Inigoes......... $15,000,000
North Carolina................ Camp Lejeune.......... $217,440,000
Marine Corps Air $114,570,000
Station Cherry Point.
Marine Corps Air $11,320,000
Station New River....
Pennsylvania.................. Philadelphia.......... $66,000,000
South Carolina................ Parris Island......... $37,200,000
Virginia...................... Marine Corps Base $143,350,000
Quantico.............
Naval Station Norfolk. $128,100,000
Portsmouth Naval $48,930,000
Shipyard.............
Yorktown Naval Weapons $59,000,000
Station..............
Washington.................... Bremerton............. $51,010,000
Keyport............... $25,050,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2204(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Japan......................................... Fleet Activities Yokosuka....................... $174,692,000
Marine Corps Air Station Iwakuni................ $15,870,000
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2204(a) and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Navy may carry out
architectural and engineering services and construction
design activities with respect to the construction or
improvement of family housing units in an amount not to
exceed $5,863,000.
SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2204(a) and available for
military family housing functions as specified in the funding
table in section 4601, the Secretary of the Navy may improve
existing military family housing units in an amount not to
exceed $41,798,000.
SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2019, for military construction, land
acquisition, and military family housing functions of the
Department of the Navy, as specified in the funding table in
section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2201 of this Act may not exceed the
total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2017 PROJECT.
The table in section 2201(a) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2691) is amended in the item relating to Bangor,
Washington, by striking ``$113,415,000'' and inserting
``$161,415,000'' for construction of a SEAWOLF Class Service
Pier, as specified in the funding table in section 4601 of
such Act (130 Stat. 2876).
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
[[Page H5453]]
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
Alaska....................... Eielson Air Force Base $8,600,000
Arkansas..................... Little Rock Air Force $47,000,000
Base.
California................... Travis Air Force Base $43,100,000
Colorado..................... Peterson Air Force $54,000,000
Base.
Schriever Air Force $148,000,000
Base.
United States Air $49,000,000
Force Academy........
Georgia...................... Moody Air Force Base.. $12,500,000
Guam......................... Joint Region Marianas. $65,000,000
Illinois..................... Scott Air Force Base.. $100,000,000
Mariana Islands.............. Tinian................ $316,000,000
Missouri..................... Whiteman Air Force $27,000,000
Base.
Montana...................... Malmstrom Air Force $235,000,000
Base.
Nevada....................... Nellis Air Force Base. $65,200,000
New Mexico................... Holloman Air Force $20,000,000
Base.
Kirtland Air Force $37,900,000
Base.
Texas........................ Joint Base San $207,300,000
Antonio.
Joint Base San Antonio- $36,000,000
Randolph.............
Utah......................... Hill Air Force Base... $114,500,000
Washington................... Fairchild-White Bluff. $31,000,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of the Air Force may acquire
real property and carry out military construction projects
for the installations or locations outside the United States,
and in the amounts, set forth in the following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Australia..................... Tindal............... $70,600,000
Cyprus........................ Royal Air Force $27,000,000
Akrotiri.
Japan......................... Yokota Air Base...... $12,400,000
United Kingdom................ Royal Air Force $14,300,000
Lakenheath.
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2304(a) and available for military family housing
functions as specified in the funding table in section 4601,
the Secretary of the Air Force may construct or acquire
family housing units (including land acquisition and
supporting facilities) at the installation, and in the
amount, set forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
Country Installation Units Amount
----------------------------------------------------------------------------------------------------------------
Germany................................. Spangdahlem Air Base..... Family Housing $53,584,000
Construction.............
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a) and available for military family housing functions
as specified in the funding table in section 4601, the
Secretary of the Air Force may carry out architectural and
engineering services and construction design activities with
respect to the construction or improvement of family housing
units in an amount not to exceed $3,409,000.
SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.
Subject to section 2825 of title 10, United States Code,
and using amounts appropriated pursuant to the authorization
of appropriations in section 2304(a) and available for
military family housing functions as specified in the funding
table in section 4601, the Secretary of the Air Force may
improve existing military family housing units in an amount
not to exceed $53,584,000.
SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2019, for military construction, land
acquisition, and military family housing functions of the
Department of the Air Force, as specified in the funding
table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2301 of this Act may not exceed the
total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
SEC. 2305. MODIFICATION OF AUTHORITIES TO CARRY OUT PHASED
JOINT INTELLIGENCE ANALYSIS COMPLEX
CONSOLIDATION.
(a) Fiscal Year 2015 Project Authority.--In the case of the
authorization contained in the table in section 2301(b) of
the National Defense Authorization Act for Fiscal Year 2015
(Public Law 113-291; 128 Stat. 3679) for Royal Air Force
Croughton, United Kingdom, for Phase 1 of the Joint
Intelligence Analysis Complex consolidation, as specified in
the funding table in section 4601 of such Act (128 Stat.
3973), the Secretary of the Air Force shall carry out the
construction at Royal Air Force Molesworth, United Kingdom.
(b) Fiscal Year 2016 Project Authority.--In the case of the
authorization contained in the table in section 2301(b) of
the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 1153), for Royal Air Force
Croughton, United Kingdom, for Phase 2 of the Joint
Intelligence Analysis Complex consolidation, as specified in
the funding table in section 4601 of such Act (129 Stat.
1294), the Secretary of the Air Force may construct a 5,152-
square meter Intelligence Analytic Center, a 5,234-square
meter Intelligence Fusion Center, and a 807-square meter
Battlefield Information Collection and Exploitation System
Center at Royal Air Force Molesworth, United Kingdom.
(c) Fiscal Year 2017 Project Authority.--In the case of the
authorization contained in the table in section 2301(b) of
the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2697), for Royal Air Force
Croughton, United Kingdom, for Phase 3 of the Joint
Intelligence Analysis Complex consolidation, as specified in
the funding table in section 4601 of such Act (130 Stat.
2878), the Secretary of the Air Force may construct a 1,562-
square meter Regional Joint Intelligence Training Facility
and a 4,495-square meter Combatant Command Intelligence
Facility at Royal Air Force Molesworth, United Kingdom.
(d) Conforming Repeal.--Section 2305 of the National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 132 Stat. 2247) is repealed.
SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2016 PROJECT.
The table in section 2301(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92;
129 Stat. 1152) is amended in the item relating to Nellis Air
Force Base, Nevada, by striking ``$68,950,000'' and inserting
``$72,050,000'' for construction of F-35A Munitions
Maintenance Facilities, as specified in the funding table in
section 4601 of such Act (129 Stat. 1293).
SEC. 2307. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2017 PROJECT.
The table in section 2301(a) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2696) is amended
[[Page H5454]]
in the item relating to Fairchild Air Force Base, Washington,
by striking ``$27,000,000'' and inserting ``$31,800,000'' for
construction of a SERE School Pipeline Dormitory, as
specified in the funding table in section 4601 of such Act
(130 Stat. 2878).
SEC. 2308. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2018 PROJECTS.
(a) Little Rock Air Force Base, Arkansas.--The table in
section 2301(a) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1825) is
amended in the item relating to Little Rock Air Force Base,
Arkansas, by striking ``$20,000,000'' and inserting
``$27,000,000'' for construction of a dormitory facility, as
specified in the funding table in section 4601 of such Act
(131 Stat. 2002).
(b) Joint Base San Antonio, Texas.--In the case of the
authorization contained in the table in section 2301(a) of
the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 1826) for Joint Base San
Antonio, Texas, the Secretary of the Air Force may
construct--
(1) a 750-square meter equipment building for construction
of a Classrooms/Dining Facility, as specified in the funding
table in section 4601 of such Act (131 Stat. 2003); and
(2) a 636-square meter air traffic control tower for
construction of an Air Traffic Control Tower, as specified in
the funding table in section 4601 of such Act (131 Stat.
2003).
(c) F.E. Warren Air Force Base, Wyoming.--The table in
section 2301(a) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1825) is
amended in the item relating to F.E. Warren Air Force Base,
Wyoming, by striking ``$62,000,000'' and inserting
``$80,100,000'' for construction of a Consolidated Helo/TRF
Ops/AMU and Alert Facility, as specified in the funding table
in section 4601 of such Act (131 Stat. 2004).
(d) Rygge Air Station, Norway.--In the case of the
authorization contained in the table in section 2903 of the
National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 1876) for Rygge Air Station,
Norway, for replacement/expansion of a Quick Reaction Alert
Pad, as specified in the funding table in section 4602 of
such Act (131 Stat. 2014), the Secretary of the Air Force may
construct 1,327 square meters of aircraft shelter and a 404-
square meter fire protection support building.
(e) Incirlik Air Base, Turkey.--In the case of the
authorization contained in the table in section 2903 of the
National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 1876) for Incirlik Air Base,
Turkey, for Relocating Base Main Access Control Point, as
specified in the funding table in section 4602 of such Act
(131 Stat. 2015), the Secretary of the Air Force may
construct a 176-square meter pedestrian search building.
SEC. 2309. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2019 PROJECTS.
(a) Hanscom Air Force Base, Massachusetts.--In the case of
the authorization contained in the table in section 2301(a)
of the National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 132 Stat. 2246) for Hanscom Air
Force Base, Massachusetts, for the construction of a semi-
conductor/microelectronics laboratory facility, as specified
in the funding table in section 4601 of such Act (132 Stat.
2405), the Secretary of the Air Force may construct a 1,000
kilowatt stand-by generator.
(b) Minot Air Force Base, North Dakota.--The table in
section 2301(a) of the National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2246) is
amended in the item relating to Minot Air Force Base, North
Dakota, by striking ``$66,000,000'' and inserting
``$71,500,000'' for construction of a Consolidated Helo/TRF
Ops/AMU and Alert Facility, as specified in the funding table
in section 4601 of such Act (132 Stat. 2405).
(c) Royal Air Force Lakenheath, United Kingdom.--In the
case of the authorization contained in the table in section
2301(b) of the National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 132 Stat. 2247) for Royal Air
Force Lakenheath, United Kingdom, for the construction of an
F-35A Dormitory, as specified in the funding table in section
4601 of such Act (132 Stat. 2405), the Secretary of the Air
Force may construct a 5,900-square meter dormitory.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
California...................................... Beale Air Force Base....................... $33,700,000
Camp Pendleton............................. $17,700,000
Florida......................................... Eglin Air Force Base....................... $16,500,000
Hurlburt Field............................. $108,386,000
Naval Air Station Key West................. $16,000,000
Guam............................................ Joint Region Marianas...................... $19,200,000
Hawaii.......................................... Joint Base Pearl Harbor-Hickam............. $67,700,000
Maryland........................................ Fort Detrick............................... $27,846,000
Mississippi..................................... Columbus Air Force Base.................... $16,800,000
North Carolina................................. Camp Lejeune............................... $13,400,000
Fort Bragg................................. $84,103,000
Oklahoma........................................ Tulsa International Airport................ $18,900,000
Rhode Island.................................... Quonset State Airport...................... $11,600,000
South Carolina.................................. Joint Base Charleston...................... $33,300,000
South Dakota.................................... Ellsworth Air Force Base................... $24,800,000
Virginia........................................ Defense Distribution Depot Richmond........ $98,800,000
Joint Expeditionary Base Little Creek - $45,604,000
Fort Story................................
Pentagon................................... $28,802,000
Training Center Dam Neck................... $12,770,000
Washington...................................... Joint Base Lewis-McChord................... $47,700,000
Wisconsin....................................... General Mitchell International Airport..... $25,900,000
CONUS Classified................................ Classified Location........................ $82,200,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Germany......................................... Geilenkirchen Air Base..................... $30,479,000
Japan........................................... Yokota Air Base........................... $136,411,000
----------------------------------------------------------------------------------------------------------------
SEC. 2402. AUTHORIZED ENERGY RESILIENCY AND ENERGY
CONSERVATION PROJECTS.
Using amounts appropriated pursuant to the authorization
of appropriations in section 2403(a), the Secretary of
Defense may carry out energy resiliency and energy
conservation projects under chapter 173 of title 10, United
States Code, as specified in the funding table in section
4601.
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2019, for military construction, land
acquisition, and military family housing functions of the
Department of Defense (other than the military departments),
as specified in the funding table in section 4601.
[[Page H5455]]
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2401 of this Act may not exceed the
total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment
Program as provided in section 2806 of title 10, United
States Code, in an amount not to exceed the sum of the amount
authorized to be appropriated for this purpose in section
2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed
by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
(a) Authorization.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2019, for contributions by the Secretary of Defense under
section 2806 of title 10, United States Code, for the share
of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment Program
authorized by section 2501 as specified in the funding table
in section 4601.
(b) Authority to Recognize NATO Authorization Amounts as
Budgetary Resources for Project Execution.--When the United
States is designated as the Host Nation for the purposes of
executing a project under the NATO Security Investment
Program (NSIP), the Department of Defense construction agent
may recognize the NATO project authorization amounts as
budgetary resources to incur obligations for the purposes of
executing the NSIP project.
Subtitle B--Host Country In-Kind Contributions
SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the Republic of Korea for
required in-kind contributions, the Secretary of Defense may
accept military construction projects for the installations
or locations in the Republic of Korea, and in the amounts,
set forth in the following table:
Republic of Korea Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Component Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Army.................................. Camp Carroll............ Army Prepositioned Stock-4 $51,000,000
Wheeled Vehicle
Maintenance Facility......
Army.................................. Camp Humphreys.......... Unaccompanied Enlisted $154,000,000
Personnel Housing, P1.....
Army.................................. Camp Humphreys.......... Unaccompanied Enlisted $211,000,000
Personnel Housing, P2.....
Army.................................. Camp Humphreys.......... Satellite Communications $32,000,000
Facility..................
Air Force............................. Gwangju Air Base........ Hydrant Fuel System........ $35,000,000
Air Force............................. Kunsan Air Base......... Upgrade Electrical $14,200,000
Distribution System.......
Air Force............................. Kunsan Air Base......... Dining Facility............ $21,000,000
Air Force............................. Suwon Air Base.......... Hydrant Fuel System........ $24,000,000
----------------------------------------------------------------------------------------------------------------
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
Army National Guard locations inside the United States, and
in the amounts, set forth in the following table:
Army National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama......................................... Anniston Army Depot........................ $34,000,000
Foley..................................... $12,000,000
California...................................... Camp Roberts............................... $12,000,000
Idaho........................................... Orchard Combat Training Center............. $29,000,000
Maryland........................................ Havre De Grace............................. $12,000,000
Massachusetts................................... Camp Edwards............................... $9,700,000
Minnesota....................................... New Ulm.................................... $11,200,000
Mississippi..................................... Camp Shelby................................ $8,100,000
Missouri........................................ Springfield................................ $12,000,000
Nebraska........................................ Bellevue................................... $29,000,000
New Hampshire................................... Concord................................... $5,950,000
New York........................................ Jamaica Armory............................. $91,000,000
Pennsylvania.................................... Moon Township.............................. $23,000,000
Vermont......................................... Jericho.................................... $30,000,000
Washington...................................... Richland................................... $11,400,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
Army Reserve locations inside the United States, and in the
amounts, set forth in the following table:
Army Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Delaware........................................ Newark Army Reserve Center................. $21,000,000
Wisconsin....................................... Fort McCoy................................ $25,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Navy may acquire real
property and carry out military construction projects for the
Navy Reserve and Marine Corps Reserve locations inside the
United States, and in the amounts, set forth in the following
table:
[[Page H5456]]
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Louisiana....................................... New Orleans............................... $25,260,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
Air National Guard locations inside the United States, and in
the amounts, set forth in the following table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
California...................................... Moffett Air National Guard Base............ $57,000,000
Georgia......................................... Savannah/Hilton Head International Airport. $24,000,000
Missouri........................................ Rosecrans Memorial Airport................. $9,500,000
Puerto Rico..................................... Luis Munoz-Marin International Airport..... $50,000,000
Wisconsin....................................... Truax Field................................ $34,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
Air Force Reserve locations inside the United States, and in
the amounts, set forth in the following table:
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Georgia......................................... Robins Air Force Base...................... $43,000,000
Maryland........................................ Joint Base Andrews......................... $15,000,000
Minnesota....................................... Minneapolis-St. Paul IAP................... $9,800,000
----------------------------------------------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD
AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2019, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 1803 of title
10, United States Code (including the cost of acquisition of
land for those facilities), as specified in the funding table
in section 4601.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE
REALIGNMENT AND CLOSURE ACTIVITIES FUNDED
THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2019, for base
realignment and closure activities, including real property
acquisition and military construction projects, as authorized
by the Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
and funded through the Department of Defense Base Closure
Account established by section 2906 of such Act (as amended
by section 2711 of the Military Construction Authorization
Act for Fiscal Year 2013 (division B of Public Law 112-239;
126 Stat. 2140)), as specified in the funding table in
section 4601.
TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A--Military Construction Program Changes
SEC. 2801. PROHIBITION ON USE OF MILITARY CONSTRUCTION FUNDS
FOR CONSTRUCTION OF A WALL, FENCE, OR OTHER
PHYSICAL BARRIER ALONG THE SOUTHERN BORDER OF
THE UNITED STATES.
(a) Prohibition.--Military construction funds may not be
obligated, expended, or otherwise used to design or carry out
a project to construct, replace, or modify a wall, fence, or
other physical barrier along the international border between
the United States and Mexico.
(b) Definitions.--In this section:
(1) Military construction funds.--The term ``military
construction funds'' means--
(A) amounts authorized to be appropriated for a military
construction project authorized in this division or
authorized in any Military Construction Authorization Act for
any of fiscal years 2015 through 2019, including any amounts
of such an authorization made available to the Department of
Defense and transferred to another authorization by the
Secretary of Defense pursuant to transfer authority available
to the Secretary; and
(B) funds appropriated in any Act for a military
construction project described in subparagraph (A).
(2) Military construction project.--The term ``military
construction project'' has the meaning given that term in
section 2801 of title 10, United States Code.
SEC. 2802. MODIFICATION AND CLARIFICATION OF CONSTRUCTION
AUTHORITY IN THE EVENT OF A DECLARATION OF WAR
OR NATIONAL EMERGENCY.
(a) Limitation on Amount of Funds Available for National
Emergency.--Section 2808 of title 10, United States Code, is
amended--
(1) by redesignating subsections (b) and (c) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (a) the following new
subsection:
``(c) Limitation on Amount of Funds Available for National
Emergency.--(1) Except as provided in paragraph (2), in the
event of a declaration by the President of a national
emergency in which the construction authority described in
subsection (a) is used, the total cost of all military
construction projects undertaken using that authority during
the national emergency may not exceed $500,000,000.
``(2) In the event of a national emergency declaration in
which the construction authority described in subsection (a)
will be used only within the United States, the total cost of
all military construction projects undertaken using that
authority during the national emergency may not exceed
$100,000,000.''.
(b) Additional Condition on Source of Funds.--Section
2808(a) of title 10, United States Code, is amended--
(1) in the second sentence--
(A) by striking ``Such projects may'' and inserting the
following:
``(b) Conditions on Source of Funds.--(1) Military
construction projects to be undertaken using the construction
authority described in subsection (a) may''; and
(B) by inserting before the period at the end of the
sentence the following: ``and that the Secretary of Defense
determines are otherwise unexecutable''; and
(2) by adding after the second sentence the following:
``(2) For purposes of paragraph (1), the Secretary may
determine that funds appropriated for military construction
are unexecutable if--
``(A) a military construction project for which the funds
were appropriated has been cancelled, for a reason other than
to provide funds to carry out military construction under
this section; or
``(B) the cost of a military construction project for which
the funds were appropriated has been reduced because of
project modifications or other cost savings, for a reason
other than to provide funds to carry out military
construction under this section.''.
(c) Waiver of Other Provisions of Law.--Section 2808 of
title 10, United States Code, is amended by inserting after
subsection (c), as added by subsection (a), the following new
subsection:
``(d) Waiver of Other Provisions of Law in Event of
National Emergency.--In the event of a declaration by the
President of a national emergency in which the construction
authority described in subsection (a) is used, the authority
provided by such subsection to waive or disregard another
provision of law that would otherwise apply to a military
construction project authorized by this section may be used
only if--
``(1) such other provision of law does not provide a means
by which compliance with the requirements of the law may be
waived, modified, or expedited; and
[[Page H5457]]
``(2) the Secretary of Defense determines that the nature
of the national emergency necessitates the noncompliance with
the requirements of the law.''.
(d) Additional Notification Requirements.--Subsection (e)
of section 2808 of title 10, United States Code, as
redesignated by subsection (a)(1), is amended--
(1) by striking ``of the decision'' and all that follows
through the end of the subsection and inserting the
following: ``of the following:
``(A) The reasons for the decision to use the construction
authority described in subsection (a), including, in the
event of a declaration by the President of a national
emergency, the reasons why use of the armed forces is
required in response to the declared national emergency.
``(B) The construction projects to be undertaken using the
construction authority described in subsection (a),
including, in the event of a declaration by the President of
a national emergency, an explanation of how each construction
project directly supports the immediate security, logistical,
or short-term housing and ancillary supporting facility needs
of the members of the armed forces used in the national
emergency.
``(C) The estimated cost of the construction projects to be
undertaken using the construction authority described in
subsection (a), including the cost of any real estate action
pertaining to the construction projects, and certification of
compliance with the funding conditions imposed by subsections
(b) and (c).
``(D) Any determination made pursuant to subsection (d)(2)
to waive or disregard another provision of law to undertake
any construction project using the construction authority
described in subsection (a).
``(E) The military construction projects, including any
military family housing and ancillary supporting facility
projects, to be canceled or deferred in order to provide
funds to undertake construction projects using the
construction authority described in subsection (a) and the
possible impact of the cancellation or deferment of such
military construction projects on military readiness and the
quality of life of members of the armed forces and their
dependents.''; and
(2) by adding at the end the following new paragraph:
``(2) In the event of a declaration by the President of a
national emergency in which the construction authority
described in subsection (a) is used, a construction project
to be undertaken using such construction authority may be
carried out only after the end of the five-day period
beginning on the date the notification required by paragraph
(1) is received by the appropriate committees of Congress.''.
(e) Clerical Amendments.--Section 2808 of title 10, United
States Code, is further amended--
(1) in subsection (a), by inserting ``Construction
Authorized.--'' after ``(a)'';
(2) in subsection (e), as redesignated by subsection
(a)(1), by inserting ``Notification Requirement.--(1)'' after
``(e)''; and
(3) in subsection (f), as redesignated by subsection
(a)(1), by inserting ``Termination of Authority.--'' after
``(f)''.
SEC. 2803. INCLUSION OF INFORMATION REGARDING MILITARY
INSTALLATION RESILIENCE IN MASTER PLANS FOR
MAJOR MILITARY INSTALLATIONS.
(a) Military Installation Resilience.--Section 2864 of
title 10, United States Code, is amended--
(1) in subsection (a)(1), by inserting ``military
installation resilience,'' after ``master planning,'';
(2) by redesignating subsections (c) and (d) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (b) the following new
subsection:
``(c) Military Installation Resilience Component.--To
address military installation resilience under subsection
(a)(1), each installation master plan shall discuss the
following:
``(1) Risks and threats to military installation resilience
that exist at the time of the development of the plan and
that are projected for the future, including from extreme
weather events, mean sea level fluctuation, wildfires,
flooding, and other changes in environmental conditions.
``(2) Assets or infrastructure located on the military
installation vulnerable to the risks and threats described in
paragraph (1), with a special emphasis on assets or
infrastructure critical to the mission of the installation
and the mission of members of the armed forces.
``(3) Lessons learned from the impacts of extreme weather
events, including changes made to the military installation
to address such impacts, since the prior master plan
developed under this section.
``(4) Ongoing or planned infrastructure projects or other
measures, as of the time of the development of the plan, to
mitigate the impacts of the risks and threats described in
paragraph (1).
``(5) Community infrastructure and resources located
outside the installation (such as medical facilities,
transportation systems, and energy infrastructure) that are--
``(A) necessary to maintain mission capability or that
impact the resilience of the military installation; and
``(B) vulnerable to the risks and threats described in
paragraph (1).
``(6) Agreements in effect or planned, as of the time of
the development of the plan, with public or private entities
for the purpose of maintaining or enhancing military
installation resilience or resilience of the community
infrastructure and resources described in paragraph (5).
``(7) Projections from recognized governmental and
scientific entities such as the Census Bureau, the National
Academies of Sciences, the United States Geological Survey,
and the United States Global Change Research Office (or any
similar successor entities) with respect to future risks and
threats (including the risks and threats described in
paragraph (1)) to the resilience of any project considered in
the installation master plan during the 50-year lifespan of
the installation.''.
(b) Report on Master Plans.--Section 2864 of title 10,
United States Code, is amended by inserting after subsection
(c), as added by subsection (a), the following new
subsection:
``(d) Report.--Not later than March 1 of each year, the
Secretary of Defense shall submit to the congressional
defense committees a report listing all master plans
completed pursuant to this section in the prior calendar
year.''.
SEC. 2804. IMPROVED CONSULTATION WITH TRIBAL GOVERNMENTS WHEN
PROPOSED MILITARY CONSTRUCTION PROJECTS
POTENTIALLY IMPACT INDIAN TRIBES.
Section 2802 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(f)(1) If a proposed military construction project has
the potential to significantly affect tribal lands, sacred
sites, or tribal treaty rights, the Secretary concerned shall
initiate consultation with the tribal government of each
impacted Indian tribe--
``(A) to determine the nature, extent, and estimated costs
of the adverse impacts;
``(B) to determine whether the adverse impacts can be
avoided or mitigated in the design and implementation of the
project; and
``(C) if the adverse impacts cannot be avoided, to develop
feasible measures to mitigate the impacts and estimate the
cost of the mitigation measures.
``(2) As part of the Department of Defense Form 1391
submitted to the appropriate committees of Congress for a
military construction project covered by paragraph (1), the
Secretary concerned shall include a description of the
current status of the consultation conducted under such
paragraph and specifically address each of the items
specified in subparagraphs (A), (B), and (C) of such
paragraph.
``(3) In this subsection:
``(A) The term `Indian tribe' has the meaning given that
term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
``(B) The term `tribal government' means the recognized
governing body of an Indian tribe.
``(C) The term `sacred site' has the meaning given that
term in Executive Order 13007, as in effect on the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2020.''.
SEC. 2805. AMENDMENT OF UNIFIED FACILITIES CRITERIA TO
PROMOTE MILITARY INSTALLATION RESILIENCE,
ENERGY RESILIENCE, ENERGY AND CLIMATE
RESILIENCY, AND CYBER RESILIENCE.
(a) Amendment Required.--Not later than September 1, 2020,
the Secretary of Defense shall amend the Unified Facility
Criteria related to military construction planning and design
to ensure that building practices and standards promote
military installation resilience, energy resilience, energy
and climate resiliency, and cyber resilience.
(b) Conditional Availability of Funds Pending Initiation of
Amendment Process.--Not more than 25 percent of the funds
authorized to be appropriated for fiscal year 2020 for
Department of Defense planning and design accounts related to
military construction projects may be obligated until the
date on which the Secretary of Defense submits to the
Committees on Armed Services of the House of Representatives
and the Senate a certification that the Secretary has
initiated the process to amend the Unified Facility Criteria
to comply with the requirements of subsection (a) and intends
to complete the amendment process by the date specified in
such subsection.
(c) Implementation of Unified Facilities Criteria
Amendment.--
(1) Implementation.--Any Department of Defense Form 1391
submitted to Congress after the date specified in subsection
(a) must be in compliance with the Unified Facility Criteria,
amended as required by subsection (a).
(2) Certification.--Not later than March 1, 2021, the
Secretary of Defense shall certify to the Committees on Armed
Services of the House of Representatives and the Senate that
the amendment required by subsection (a) and the amendment
required by section 2805(c) of the Military Construction
Authorization Act for Fiscal Year 2019 (division B of Public
Law 115-232; 132 Stat. 2262; 10 U.S.C. 2864 note) have been
completed and fully incorporated into military construction
planning and design.
(d) Annual Review.--Beginning with fiscal year 2022, and
annually thereafter, the Secretary of Defense shall conduct a
review comparing the Unified Facility Criteria and industry
best practices to ensure that military construction building
practices and standards related to military installation
resilience, energy resilience, energy and climate resiliency,
and cyber resilience remain current.
(e) Definitions.--In this section:
(1) The terms ``energy resilience'' and ``military
installation resilience'' have the meanings given those terms
in section 101(e) of title 10, United States Code.
(2) The term ``energy and climate resiliency'' has the
meaning given that term in section 2864 of title 10, United
States Code.
SEC. 2806. MODIFICATION TO DEPARTMENT OF DEFENSE FORM 1391
REGARDING CONSIDERATION OF POTENTIAL LONG-TERM
ADVERSE ENVIRONMENTAL EFFECTS.
(a) Modification.--
(1) Certification requirement.--The Secretary of Defense
shall modify Department of Defense Form 1391 to require, with
respect to
[[Page H5458]]
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.
Subtitle B--Military Family Housing Reforms
SEC. 2811. ENHANCED PROTECTIONS FOR MEMBERS OF THE ARMED
FORCES AND THEIR DEPENDENTS RESIDING IN
PRIVATIZED MILITARY HOUSING UNITS.
(a) Specified Rights of Tenancy in Privatized Military
Housing Units.--
(1) In general.--Section 2886 of title 10, United States
Code, is amended to read as follows:
``Sec. 2886. Specified rights of tenancy in military housing
units
``(a) Contract Requirement for Military Housing Units.--
``(1) Inclusion of rights of tenancy.--Each contract
between the Secretary concerned and a landlord shall
guarantee the rights of tenancy specified in this section for
military tenants who reside in military housing units covered
by the contract.
``(2) Rule of construction.--The rights of tenancy in
military housing units specified in this section are not
intended to be exclusive. The omission of a tenant right or
protection shall not be construed to deny the existence of
such a right or protection for military tenants.
``(3) Written lease and explanation of tenancy.--(A) The
lease between a landlord and military tenant shall be in
writing to establish tenancy in a military housing unit. The
landlord shall provide the military tenant with a copy of the
lease, any addendums, and any other regulations imposed by
the landlord regarding occupancy of the military housing unit
and use of common areas.
``(B) The Secretary concerned shall require that a military
tenant receive a plain-language briefing regarding the rights
of tenancy guaranteed by this section and the respective
responsibilities of landlords and military tenants related to
tenancy, including the existence of any additional fees
authorized by subsection (c)(2), any utilities payments, the
procedures for submitting and tracking work orders, the
identity of the military tenant advocate, and the dispute
resolution process.
``(b) Protection Against Retaliation.--
``(1) In general.--A landlord may not retaliate against a
military tenant, directly or through the chain-of-command of
a member of the armed forces who is a military tenant, in
response to a military tenant making a complaint relating to
a military housing unit or common areas. Evidence of
retaliation may include any of the following actions,
including unsuccessful attempts to commit such an action:
``(A) Unlawful recovery of, or attempt to recover,
possession of a military housing unit.
``(B) Unlawfully increasing the rent, decreasing services,
or increasing the obligations of a military tenant.
``(C) Interference with a military tenant's right to
privacy.
``(D) Harassment of a military tenant.
``(E) Refusal to honor the terms of the lease.
``(F) Interference with the career of a military tenant.
``(2) Investigation.--The Inspector General of the
Department of Defense and the Inspector General of a military
department may investigate allegations of retaliation against
a military tenant in connection with a complaint relating to
a military housing unit.
``(c) Prohibition Against Collection of Amounts in Addition
to Rent.--
``(1) In general.--A landlord may not impose on a military
tenant a supplemental payment, such as an out-of-pocket fee,
in addition to the amount of rent the landlord charges for a
unit of similar size and composition to the military housing
unit, without regard to whether or not the amount of the
member's basic allowance for housing under section 403 of
title 37 is less than the amount of the rent.
``(2) Exceptions.--Nothing in paragraph (1) shall be
construed--
``(A) to prohibit a landlord from imposing an additional
payment--
``(i) for optional services provided to military tenants,
such as access to a gym or a parking space;
``(ii) for non-essential utility services, as determined in
accordance with regulations promulgated by the Secretary
concerned; or
``(iii) to recover damages associated with tenant
negligence; or
``(B) to limit or otherwise affect the authority of the
Secretary concerned to enter into rental guarantee agreements
under section 2876 of this title or to make differential
lease payments under section 2877 of this title, so long as
such agreements or payments do not require a military tenant
to pay an out-of-pocket fee or payment in addition to the
basic allowance for housing of the member.
``(d) Dispute Resolution Process.--
``(1) Establishment.--The Secretary concerned shall
establish a dispute resolution process for the resolution of
disputes between landlords and military tenants related to
military housing units. The resolution process shall use
neutral arbitrators and minimize costs incurred by military
tenants to participate.
``(2) Treatment of basic allowance for housing.--During the
dispute resolution process between a landlord and military
tenant, the Secretary concerned may withhold from the
landlord amounts of the military tenant's basic allowance for
housing under section 403 of title 37 that otherwise would be
paid to the landlord directly by the military tenant or
through allotments of the pay of the military tenant under
section 701 of such title.
``(e) Prompt Maintenance and Repairs.--
``(1) In general.--The Secretary concerned shall ensure
that landlords--
``(A) respond promptly to requests for the maintenance or
repair of a military housing unit; and
``(B) communicate effectively with military tenants
regarding the schedule and status of maintenance or repair
requests.
``(2) Electronic work order system.--To promote the policy
objective described in paragraph (1), the Secretary concerned
shall require the establishment of an electronic work order
system through which a military tenant may request
maintenance or repairs of a military housing unit and track
the progress of the work.
``(3) Access to system.--The electronic work order system
shall be accessible--
``(A) to a military tenant to track a work request made
through the system by the military tenant;
``(B) to military tenant advocates or a commander of the
relevant military installation to track a work request made
through the system; and
``(C) to the landlord responsible for the military housing
unit to track a work request made through the system by a
military tenant.
``(f) Disclosure of Housing Code Violations and Hazards.--
``(1) In general.--Before accepting a rental application
from a prospective military tenant to lease a military
housing unit, the landlord must disclose to the prospective
military tenant the following:
``(A) Any housing code violations with respect to the
military housing unit incurred within the previous three
years.
``(B) Either a three-year history of mold contamination
with respect to the military housing unit and common areas or
proof of proper remediation.
``(C) Either a three-year history of lead contamination in
water with respect to the military housing unit and common
areas or proof of proper remediation.
``(D) Either a three-year history of rodent infestation
with respect to the military housing unit and common areas or
proof of proper remediation.
``(E) Any information regarding health-related symptoms
among previous residents of the military housing unit that
may have been the result of exposure to environmental hazards
in the military housing unit or common areas, if such
residents agreed to voluntarily disclose such information.
The military tenant advocate shall inform military tenants of
their option to disclose or decline to disclose such
information.
``(2) Continued requirement.--The landlord must make the
information referred to in paragraph (1) accessible to the
military tenant throughout the lease of the military housing
unit.
``(g) Unit Inspections.--
``(1) Move-in.--A military tenant is entitled to be present
for an inspection of a military housing unit before accepting
occupancy of the military housing unit to ensure that the
military housing unit is habitable and that facilities and
common areas of the building are in good repair.
``(2) Move-out.--A military tenant is entitled to be
present for the move-out inspection and must be given
sufficient time to address any concerns related to the
military tenant's occupancy of the military housing unit.
``(h) Military Tenant Advocates.--(1)(A) The Secretary
concerned shall assign personnel of the Department of Defense
or contractor personnel to serve as a military tenant
advocate--
``(i) to assist in the resolution of a dispute between a
landlord and a military tenant; and
``(ii) to serve as a liaison between military tenants and
landlords, officials in the chain of command at the
installation, and the individual designated in paragraph (2)
within the Office of the Secretary of Defense, with respect
to concerns of military tenants at the applicable
installation.
``(B) A military tenant advocate may not be an employee of
a landlord or occupy office-space provided by a landlord.
``(2)(A) The Secretary of Defense shall designate an
individual within the Office of the Secretary of Defense to
serve as the liaison between the Secretary and the
Secretaries concerned, the military tenant advocates under
[[Page H5459]]
paragraph (1), landlords, and other offices of the Department
as the Secretary determines appropriate with respect to
military tenant issues.
``(B) Not later than one year after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2020, and annually thereafter for the next two
years, the individual designated under subparagraph (A) shall
submit to the Secretary of Defense and the congressional
defense committees a report containing a description of--
``(i) common issues encountered by military tenants with
respect to military housing; and
``(ii) the responsiveness of landlords to tenant requests
for the maintenance or repair of military housing units.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter IV of title 10, United States Code,
is amended by striking the item relating to section 2886 and
inserting the following new item:
``2886. Specified rights of tenancy in military housing units.''.
(b) Definitions.--Section 2871 of title 10, United States
Code, is amended--
(1) by redesignating paragraphs (7) and (8) as paragraphs
(10) and (11), respectively; and
(2) by inserting after paragraph (6) the following new
paragraphs:
``(7) The term `landlord' means an eligible entity that
enters into a contract as a partner with the Secretary
concerned for the acquisition or construction of a military
housing unit under this subchapter or any subsequent lessor
who owns, manages, or is otherwise responsible for a military
housing unit.
``(8) The term `military housing unit' means a unit of
military family housing or military unaccompanied housing
acquired or constructed under this subchapter.
``(9) The term `military tenant' means a member of the
armed forces who occupies a military housing unit and any
dependent of the member who is a party to a lease for a
military housing unit or is authorized to act on behalf of
the member in the event of the assignment or deployment of
the member.''.
(c) Implementation Report.--Not later than March 1, 2020,
the Secretary of Defense shall submit to the Committees on
Armed Services of the House of Representatives and the Senate
a report containing a plan to implement section 2886 of title
10, United States Code, as amended by subsection (a). In the
report, the Secretary shall identify any circumstances that
would impede application of the requirements of such section
to existing contracts for the acquisition or construction of
military family housing units or military unaccompanied
housing units under subchapter IV of chapter 169 of such
title, and to existing contracts for the management of such
military housing units.
SEC. 2812. PROHIBITION ON USE OF NONDISCLOSURE AGREEMENTS IN
CONNECTION WITH LEASES OF MILITARY HOUSING
CONSTRUCTED OR ACQUIRED USING ALTERNATIVE
AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF
MILITARY HOUSING.
(a) Nondisclosure Agreements Prohibited.--Section 2882 of
title 10, United States Code, is amended by adding at the end
the following new subsection:
``(d) Prohibition on Use of Nondisclosure Agreements.--(1)
A member of the armed forces who leases a housing unit
acquired or constructed under this subchapter, and any
dependent of the member who is a party to a lease for such a
unit or is authorized to act on behalf of the member in the
event of the assignment or deployment of the member, may not
be required to sign a nondisclosure agreement in connection
with entering into, continuing, or terminating the lease. Any
such agreement against the interests of the member is
invalid.
``(2) Paragraph (1) shall not apply to a nondisclosure
agreement executed as part of the settlement of
litigation.''.
(b) Implementation.--The Secretary of Defense and the
Secretaries of the military departments shall promulgate
regulations necessary to give full force and effect to
subsection (d) of section 2882 of title 10, United States
Code, as added by subsection (a).
(c) Retroactive Application of Amendment.--Subsection (d)
of section 2882 of title 10, United States Code, as added by
subsection (a), shall apply with respect to any nondisclosure
agreement covered by the terms of such subsection (d)
regardless of the date on which the agreement was executed.
SEC. 2813. AUTHORITY TO FURNISH CERTAIN SERVICES IN
CONNECTION WITH USE OF ALTERNATIVE AUTHORITY
FOR ACQUISITION AND IMPROVEMENT OF MILITARY
HOUSING.
Section 2872a(b) of title 10, United States Code, is
amended by adding at the end the following new paragraphs:
``(13) Street sweeping.
``(14) Tree trimming and removal.''.
SEC. 2814. MODIFICATION TO REQUIREMENTS FOR WINDOW FALL
PREVENTION DEVICES IN MILITARY FAMILY HOUSING
UNITS.
(a) Fall Prevention Device Requirements.--Section 2879(a)
of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ``that protect against
unintentional window falls by young children and that are in
compliance with applicable International Building Code (IBC)
standards'' and inserting ``described in paragraph (3)'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``December 11, 2017''
and inserting ``October 1, 2019''; and
(B) in subparagraph (B), by striking ``September 1, 2018''
and inserting ``October 1, 2019''; and
(3) by adding at the end the following new paragraph:
``(3) Fall prevention device described.--A fall prevention
device is a window screen or guard that complies with
applicable standards in ASTM standard F2090-13 (or any
successor standard).''.
(b) Modification to Window Description.--Section 2879(c) of
title 10, United States Code, is amended by striking ``24''
and inserting ``42''.
(c) Conforming Amendment.--Section 2879(b)(1) of title 10,
United States Code, is amended by striking ``paragraph (1)''
and inserting ``paragraph (3)''.
SEC. 2815. ASSESSMENT OF HAZARDS IN DEPARTMENT OF DEFENSE
HOUSING.
(a) Hazard Assessment Tool.--
(1) Development required.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall develop an assessment tool, such as a rating
system or similar mechanism, to identify and measure health
and safety hazards in housing under the jurisdiction of the
Department of Defense (including privatized housing).
(2) Components.--The assessment tool shall provide for the
identification and measurement of the following hazards:
(A) Physiological hazards, including dampness and mold
growth, lead-based paint, asbestos and manmade fibers,
radiation, biocides, and volatile organic compounds.
(B) Psychological hazards, including ease of access by
unlawful intruders, and lighting issues.
(C) Infection hazards.
(D) Safety hazards.
(3) Public forums.--In developing the assessment tool, the
Secretary of Defense shall provide for multiple public forums
at which the Secretary may receive input with respect to such
assessment tool from occupants of housing under the
jurisdiction of the Department of Defense (including
privatized housing).
(4) Report.--Not later than 210 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the assessment tool.
(b) Hazard Assessments.--
(1) Assessments required.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Defense, using the assessment tool developed under subsection
(a)(1), shall complete a hazard assessment for each housing
facility under the jurisdiction of the Department of Defense
(including privatized housing).
(2) Tenant information.--As soon as practicable after the
completion of the hazard assessment conducted for a housing
facility under paragraph (1), the Secretary of Defense shall
provide to each individual who leases or is assigned to a
housing unit in the facility a summary of the results of the
assessment.
SEC. 2816. DEVELOPMENT OF PROCESS TO IDENTIFY AND ADDRESS
ENVIRONMENTAL HEALTH HAZARDS IN DEPARTMENT OF
DEFENSE HOUSING.
(a) Process Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense,
in coordination with the Secretaries of the military
departments, shall develop a process to identify, record, and
resolve environmental health hazards in housing under the
jurisdiction of the Department of Defense (including
privatized housing) in a timely manner.
(b) Elements of Process.--The process developed under
subsection (a) shall provide for the following with respect
to each identified environmental health hazard:
(1) Categorization of the hazard.
(2) Identification of health risks posed by the hazard.
(3) Identification of the number of housing occupants
potentially affected by the hazard.
(4) Recording and maintenance of information regarding the
hazard.
(5) Resolution of the hazard, which shall include--
(A) the performance by the Secretary of Defense (or in the
case of privatized housing, the landlord) of hazard
remediation activities at the affected facility; and
(B) follow-up by the Secretary of Defense to collect
information on medical care related to the hazard sought or
received by individuals affected by the hazard.
(c) Coordination.--The Secretary of Defense shall ensure
coordination between military treatment facilities,
appropriate public health officials, and housing managers at
military installations with respect to the development and
implementation of the process required by subsection (a).
(d) Report.--Not later than 210 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the process required by
subsection (a).
SEC. 2817. REPORT ON CIVILIAN PERSONNEL SHORTAGES FOR
APPROPRIATE OVERSIGHT OF MANAGEMENT OF MILITARY
HOUSING CONSTRUCTED OR ACQUIRED USING
ALTERNATIVE AUTHORITY FOR ACQUISITION AND
IMPROVEMENT OF MILITARY HOUSING.
(a) Report Required.--Not later than six months after the
date of the enactment of this Act, the Secretary of Defense,
in coordination with the Secretaries of the military
departments, shall submit to the congressional defense
committees a report containing the following:
(1) An evaluation of the extent to which shortages in the
number of civilian personnel performing oversight functions
at Department of Defense housing management offices or
assigned to housing-related functions at headquarters levels
contribute to problems regarding the management of military
housing constructed or acquired using the alternative
authority for the
[[Page H5460]]
acquisition and improvement of military housing under
subchapter IV of chapter 169 of title 10, United States Code.
(2) Recommendations to address such personnel shortages in
order to eliminate management problems regarding such
military housing, ensure oversight of the partner's execution
of the housing agreement and the delivery of all requirements
in accordance with implementing guidance provided by the
Secretaries of the military departments, improve oversight of
and expedite the work-order process, and facilitate a
positive experience for members of the Armed Forces and their
dependents who reside in military housing.
(b) Personnel Recommendations.--As part of the
recommendations required by subsection (a)(2), the Secretary
of Defense shall--
(1) determine the number of additional personnel who are
required, the installation and headquarter locations at which
they will be employed, the employment positions they will
fill, and the duties they will perform;
(2) identify the number of additional personnel already
hired as of the date on which the report is submitted and
their locations and the timeline for employing the remaining
required personnel; and
(3) estimate the cost of employing the additional
personnel.
SEC. 2818. INSPECTOR GENERAL REVIEW OF DEPARTMENT OF DEFENSE
OVERSIGHT OF PRIVATIZED MILITARY HOUSING.
Not later than one year after the date of the enactment of
this Act, and annually thereafter until 2022, the Inspector
General of the Department of Defense shall--
(1) conduct a review at not less than 15 randomly selected
military installations of the oversight by the Secretary of
Defense of privatized military housing at such installations;
and
(2) make publicly available on a website of the Department
a summary of the results of such review.
SEC. 2819. DEPARTMENT OF DEFENSE INSPECTION AUTHORITY
REGARDING PRIVATIZED MILITARY HOUSING.
(a) Inspection Authority.--Section 2885 of title 10, United
States Code, is amended by adding at the end the following
new subsection:
``(g) Post-construction Access and Inspection Authority.--
``(1) Requirement.--The Secretary concerned shall retain
the authority after the completion of a military housing
privatization project to access and inspect any military
housing unit, ancillary supporting facility, or common area
acquired, constructed, or renovated as part of the project in
order to protect the health and safety of members of the
armed forces and their dependents who occupy the privatized
military housing units.
``(2) Notice and right of refusal of access and
inspection.--The Secretary concerned shall ensure that the
individuals who lease or are assigned a military housing
unit--
``(A) are provided not less than 48 hours notice prior to
the Secretary concerned accessing and inspecting the unit as
authorized under paragraph (1); and
``(B) have the right to refuse the Secretary concerned such
access.''.
(b) Retroactive Application of Amendment.--Subsection (g)
of section 2885 of title 10, United States Code, as added by
subsection (a), shall apply to each military housing
privatization project completed prior to the date of the
enactment of this Act, and to each such project completed on
or after such date.
SEC. 2820. IMPROVEMENT OF PRIVATIZED MILITARY HOUSING.
(a) Complaint Database and Financial Transparency.--
(1) In general.--Subchapter IV of chapter 169 of title 10,
United States Code, is amended by adding at the end the
following new sections:
``Sec. 2887. Complaint database
``(a) Database Required.--The Secretary of Defense shall
establish a database that is available to the public of
complaints relating to housing units under this subchapter.
``(b) Filing of Complaints.--The Secretary shall ensure
that a tenant of a housing unit under this subchapter may
file a complaint relating to such housing unit for inclusion
in the database under subsection (a).
``(c) Response by Landlord.--(1) The Secretary shall
include in any contract with a landlord responsible for a
housing unit under this subchapter a requirement that the
landlord respond to any complaints included in the database
under subsection (a) that relate to the housing unit.
``(2) Any response under paragraph (1) shall be included in
the database under subsection (a).
``Sec. 2888. Financial transparency
``(a) Audits of Agreements With Partners.--(1) Not less
frequently than annually, the Comptroller General of the
United States, in accordance with best audit practices, shall
randomly select one small, medium, and large military
installation participating in the Military Privatized Housing
Initiative for the purposes of conducting a full financial
audit of the privatized housing project or projects at each
installation. The results of audits conducted under this
section shall be provided to the Secretary of Defense and the
Committees on Armed Services of the Senate and the House of
Representatives.
``(2) Audits conducted under paragraph (1) shall include an
analysis, at a minimum, of the following:
``(A) Base management fees for managing the housing units.
``(B) Incentive fees relating to the housing units,
including details on the following:
``(i) Metrics upon which such incentive fees are paid.
``(ii) Whether incentive fees were paid in full or withheld
in part or in full during the year covered by the
publication, and if so, why.
``(C) Asset management fees relating to the housing units.
``(D) Preferred return fees relating to the housing units.
``(E) Any deferred fees or other fees relating to the
housing units.
``(F) Residual cash flow distributions relating to the
housing units.
``(G) Provider's financial relationship with and use of
subsidiaries and third parties to manage/implement housing
agreements.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter IV of chapter 169 of title 10, United
States Code, is amended by inserting after the item relating
to section 2886 the following new items:
``2887. Complaint database.
``2888. Financial transparency.''.
(b) Annual Reports on Privatized Military Housing.--Section
2884 of title 10, United States Code, is amended by adding at
the end the following new subsection:
``(d) Annual Report on Housing.--(1) Not less frequently
than annually, the Secretary of Defense shall submit to the
congressional defense committees and publish on a publicly
available website of the Department of Defense a report on
housing units under this subchapter, disaggregated by
military installation.
``(2) Each report submitted under paragraph (1) shall
include the following:
``(A) An assessment of the condition of housing units under
this subchapter based on the average age of those units and
the estimated time until recapitalization.
``(B) An analysis of complaints of tenants of such housing
units.
``(C) An assessment of maintenance response times and
completion of maintenance requests relating to such housing
units.
``(D) An assessment of dispute resolution relating to such
housing units, which must include an analysis of all denied
tenant requests to withhold rent payments, or where the
dispute resolution process resulted in a favorable outcome
for the housing provider.
``(E) An assessment of overall customer service for tenants
of such housing units.
``(F) A description of the results of any no-notice housing
inspections conducted for such housing units.
``(G) The results of any resident surveys conducted with
respect to such housing units.''.
Subtitle C--Real Property and Facilities Administration
SEC. 2831. IMPROVED ENERGY SECURITY FOR MAIN OPERATING BASES
IN EUROPE.
(a) Prohibition on Use of Certain Energy Source.--The
Secretary of Defense shall ensure that each contract for the
acquisition of furnished energy for a covered military
installation in Europe does not use natural gas 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.
SEC. 2832. ACCESS TO DEPARTMENT OF DEFENSE FACILITIES FOR
CREDENTIALED TRANSPORTATION WORKERS.
Section 1050 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 113 note) is
amended--
(1) by striking subsection (a) and inserting the following
new subsection:
``(a) Access to Facilities for Credentialed Transportation
Workers.--The Secretary of Defense, to the extent
practicable--
``(1) shall ensure that the Transportation Worker
Identification Credential is accepted as a valid credential
for unescorted access to a work site at a maritime terminal
of the Department of Defense; and
``(2) may provide that the Transportation Worker
Identification Credential be accepted as a valid credential
for unescorted access to Department of Defense facilities
other than those specified in paragraph (1).''; and
(2) in the section heading, by striking ``installations''
and inserting ``facilities''.
[[Page H5461]]
Subtitle D--Land Conveyances
SEC. 2841. LAND CONVEYANCE, HILL AIR FORCE BASE, UTAH.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey, without consideration, to the State of Utah or a
designee of the State of Utah (in this section referred to as
the ``State'') all right, title, and interest of the United
States in and to a parcel of real property, including
improvements thereon, consisting of approximately 35 acres
located at Hill Air Force Base (commonly known as the Defense
Nontactical Generator and Rail Center), and such real
property adjacent to the Center as the parties consider to be
appropriate, for the purpose of permitting the State to
construct a new interchange for Interstate 15.
(b) Condition of Conveyance.--As a condition on the
conveyance authorized by subsection (a), the State shall
agree to the following:
(1) That, not later than two years after the date of the
conveyance of the property under such subsection, the State,
at no cost to the United States, shall--
(A) demolish all improvements, and infrastructure
associated with the improvements, in existence on the
property as of the date of the conveyance; and
(B) subject to subsection (c), complete all environmental
cleanup and remediation activities as may be required for the
planned redevelopment and use of the property.
(2) That, as part of the construction of the new Interstate
15 interchange referred to in subsection (a), the State, at
no cost to the United States, shall construct on the property
a new gate for Hill Air Force Base in compliance with such
construction, security, and other requirements as the
Secretary of the Air Force considers to be necessary.
(3) That the State shall coordinate any demolition,
cleanup, remediation, design, redevelopment, and construction
activities performed pursuant to the conveyance of property
under subsection (a) with the Secretary and the Utah
Department of Transportation.
(c) Environmental Obligations.--The State shall not have
any obligation in relation to any environmental conditions on
the property to be conveyed under subsection (a) unless--
(1) the conditions were in existence and known before the
date of the conveyance of the property; and
(2) the State agrees to address the conditions under
subsection (b)(1)(B).
(d) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Air Force shall
require the State to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for such costs
incurred, to carry out the conveyance under subsection (a),
including survey costs, costs for environmental
documentation, and other administrative costs related to the
conveyance. If amounts collected are in advance of the
Secretary incurring actual costs, and the amount collected
exceeds the costs actually incurred by the Secretary to carry
out the conveyance, the Secretary shall refund the excess
amount.
(2) Treatment of amounts received.--Amounts received under
paragraph (1) as reimbursement for costs incurred by the
Secretary to carry out the conveyance under subsection (a)
shall be credited to the fund or account that was used to
cover the costs incurred by the Secretary in carrying out the
conveyance, or to an appropriate fund or account currently
available to the Secretary for the purposes for which the
costs were paid. Amounts so credited shall be merged with
amounts in such fund or account and shall be available for
the same purposes, and subject to the same conditions and
limitations, as amounts in such fund or account.
(e) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Secretary of the Air Force.
(f) Additional Terms and Conditions.--The Secretary of the
Air Force may require such additional terms and conditions in
connection with the conveyance under subsection (a) as the
Secretary considers appropriate to protect the interests of
the United States.
SEC. 2842. RELEASE OF CONDITIONS AND REVERSIONARY INTEREST,
CAMP JOSEPH T. ROBINSON, ARKANSAS.
(a) Release of Conditions and Retained Interests.--With
respect to a parcel of real property at Camp Joseph T.
Robinson, Arkansas, consisting of approximately 141.52 acres
and conveyed by the United States to the State of Arkansas
pursuant to the Act entitled ``An Act authorizing the
transfer of part of Camp Joseph T. Robinson to the State of
Arkansas'', approved June 30, 1950 (64 Stat. 311, chapter
429), the Secretary of the Army may release, without
consideration, the terms and conditions imposed by the United
States and the reversionary interest retained by the United
States under section 2 of such Act and the right to reenter
and use the property retained by the United States under
section 3 of such Act.
(b) Condition of Release.--As a condition of the release of
terms and conditions and retained interests under subsection
(a) and subject to subsection (c), the State of Arkansas
shall agree to convey, without consideration, the parcel of
real property described in subsection (a) to the Arkansas
Department of Veterans Affairs for the purpose of expanding
the Arkansas State Veterans Cemetery in North Little Rock,
Arkansas.
(c) New Reversionary Interest.--The conveyance required by
subsection (b) of the real property described in subsection
(a) shall include a reversionary interest to protect the
interests of the United States. Under the terms of such
reversionary interest, if the Secretary of the Army
determines at any time that the real property conveyed
pursuant to subsection (b) is not being used in accordance
with the purpose of the conveyance specified in such
subsection, all right, title, and interest in and to the real
property, including any improvements thereto, shall, at the
option of the Secretary, revert to and become the property of
the United States, and the United States shall have the right
of immediate entry onto the real property. A determination by
the Secretary under this subsection shall be made on the
record after an opportunity for a hearing.
(d) Instrument of Release and Description of Property.--The
Secretary of the Army may execute and file in the appropriate
office a deed of release, amended deed, or other appropriate
instrument reflecting the release of terms and conditions and
retained interests under subsection (a). The exact acreage
and legal description of the property described in this
section shall be determined by a survey satisfactory to the
Secretary of the Army.
(e) Payment of Administrative Costs.--
(1) Payment required.--The Secretary of the Army may
require the State of Arkansas to cover costs to be incurred
by the Secretary, or to reimburse the Secretary for costs
incurred by the Secretary, to carry out the release of terms
and conditions and retained interests under subsection (a),
including survey costs, costs related to environmental
documentation, and other administrative costs related to the
release. If amounts paid to the Secretary in advance exceed
the costs actually incurred by the Secretary to carry out the
release, the Secretary shall refund the excess amount to the
State.
(2) Treatment of amounts received.--Amounts received under
subsection (a) as reimbursement for costs incurred by the
Secretary to carry out the release of terms and conditions
and retained interests under subsection (a) shall be credited
to the fund or account that was used to cover the costs
incurred by the Secretary in carrying out the release.
Amounts so credited shall be merged with amounts in such fund
or account and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in
such fund or account.
(f) Additional Terms and Conditions.--The Secretary of the
Army may require such additional terms and conditions in
connection with the release of terms and conditions and
retained interests under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 2843. MODIFICATION OF AUTHORIZED USES OF CERTAIN
PROPERTY CONVEYED BY THE UNITED STATES IN LOS
ANGELES, CALIFORNIA.
(a) In General.--Section 2 of Public Law 85-236 (71 Stat.
517) is amended in the first sentence by inserting after
``for other military purposes'' the following: ``and for
purposes of meeting the needs of the homeless (as that term
is defined in section 103 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11302))''.
(b) Modification of Use.--
(1) Application.--The State of California shall submit to
the Administrator of General Services an application for use
of the property conveyed by section 2 of Public Law 85-236
for purposes of meeting the needs of the homeless in
accordance with the amendment made by subsection (a).
(2) Review of application.--Not later than 60 days after
the date of receipt of an application pursuant to paragraph
(1), the Administrator and the Secretary of Health and Human
Services shall jointly determine whether the use of the
property described in the application is a use for purposes
of meeting the needs of the homeless.
(3) Modification of instrument of conveyance.--If the
Administrator and the Secretary jointly determine that the
use of the property described in the application is for
purposes of meeting the needs of the homeless, the
Administrator shall execute and record in the appropriate
office an instrument of modification of the deed of
conveyance executed pursuant to Public Law 85-236 in order to
authorize such use of the property. The instrument shall
include such additional terms and conditions as the
Administrator considers appropriate to protect the interests
of the United States.
(4) Compatibility with military purposes.--Before executing
any instrument of modification of the deed of conveyance, the
Administrator and the Secretary shall request a review by the
Chief of the National Guard Bureau, in consultation with the
Secretary of the Army, to ensure that any modification of the
use of the property described in the application is
compatible with the training of members of the National Guard
and other military purposes.
Subtitle E--Military Land Withdrawals
SEC. 2851. PUBLIC NOTICE REGARDING UPCOMING PERIODS OF
SECRETARY OF THE NAVY MANAGEMENT OF SHARED USE
AREA OF THE JOHNSON VALLEY OFF-HIGHWAY VEHICLE
RECREATION AREA.
(a) Public Notice Required.--Section 2942(b)(2) of the
Military Land Withdrawals Act of 2013 (title XXIX of Public
Law 113-66; 127 Stat. 1036) is amended by adding at the end
the following new subparagraph:
``(D) Public notice.--Not later than one year before the
date on which a 30-day period of Secretary of the Navy
management of the Shared Use Area will start, the Secretary
of the Navy, acting through the Resource Management Group
established pursuant to section 2944, shall notify the public
of the start date and the intention of the Armed Forces to
use the Shared Use Area for military training purposes. The
Secretary of the Navy, upon notice to the Secretary of the
Interior, may waive such public notice in the event of an
emergent military training requirement.''.
(b) Application of Amendment.--Subparagraph (D) of section
2942(b)(2) of the Military Land Withdrawals Act of 2013
(title XXIX of
[[Page H5462]]
Public Law 113-66; 127 Stat. 1036), as added by subsection
(a), shall apply to periods of Secretary of the Navy
management of the Shared Use Area of the Johnson Valley Off-
Highway Vehicle Recreation Area under such section that start
on or after January 1, 2021.
Subtitle F--White Sands National Park and White Sands Missile Range
SEC. 2861. SHORT TITLE.
This subtitle may be cited as the ``White Sands National
Park Establishment Act''.
SEC. 2862. DEFINITIONS.
In this subtitle:
(1) Map.--The term ``Map'' means the map entitled ``White
Sands National Park Proposed Boundary Revision & Transfer of
Lands Between National Park Service & Department of the
Army'', numbered 142/136,271, and dated February 14, 2017.
(2) Military munitions.--The term ``military munitions''
has the meaning given the term in section 101(e) of title 10,
United States Code.
(3) Missile range.--The term ``Missile Range'' means the
White Sands Missile Range, New Mexico, administered by the
Secretary of the Army.
(4) Monument.--The term ``Monument'' means the White Sands
National Monument, New Mexico, established by Presidential
Proclamation No. 2025 (54 U.S.C. 320301 note), dated January
18, 1933, and administered by the Secretary of the Interior.
(5) Munitions debris.--The term ``munitions debris'' has
the meaning given the term in volume 8 of the Department of
Defense Manual Number 6055.09-M entitled ``DoD Ammunitions
and Explosives Safety Standards'' and dated February 29, 2008
(as in effect on the date of enactment of this Act).
(6) National park.--The term ``National Park'' means the
White Sands National Park established by this subtitle.
(7) Public land order.--The term ``Public Land Order''
means Public Land Order 833, dated May 21, 1952 (17 Fed. Reg.
4822).
SEC. 2863. FINDINGS.
Congress finds the following:
(1) White Sands National Monument was established on
January 18, 1933, by President Herbert Hoover pursuant to the
Antiquities Act of 1906 (now chapter 3203 of title 54, United
States Code).
(2) President Hoover proclaimed that the Monument was
established ``for the preservation of the white sands and
additional features of scenic, scientific, and educational
interest''.
(3) The Monument was expanded by Presidents Roosevelt,
Eisenhower, Carter, and Clinton in 1934, 1942, 1953, 1978,
and 1996, respectively.
(4) The Monument contains a substantially more diverse set
of nationally significant historical, archaeological,
scientific, and natural resources than were known of at the
time the Monument was established, including a number of
recent discoveries.
(5) The Monument is recognized as a major unit of the
National Park System with extraordinary values enjoyed by
more visitors each year since 1995 than any other unit in the
State of New Mexico.
(6) The Monument contributes significantly to the local
economy by attracting tourists.
(7) Designation of the Monument as a national park would
increase public recognition of the diverse array of
nationally significant resources at the Monument and
visitation to the unit.
SEC. 2864. ESTABLISHMENT OF WHITE SANDS NATIONAL PARK IN THE
STATE OF NEW MEXICO.
(a) Establishment.--To protect, preserve, and restore its
scenic, scientific, educational, natural, geological,
historical, cultural, archaeological, paleontological,
hydrological, fish, wildlife, and recreational values and to
enhance visitor experiences, there is established the White
Sands National Park as a unit of the National Park System.
(b) Abolishment of White Sands National Monument.--
(1) Abolishment.--Due to the establishment of the National
Park, the Monument is abolished.
(2) Incorporation.--The land and interests in land that
comprise the Monument are incorporated in, and shall be
considered to be part of, the National Park.
(c) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to
White Sands National Monument shall be considered to be a
reference to White Sands National Park.
(d) Availability of Funds.--Any funds available for the
Monument shall be available for the National Park.
(e) Administration.--The Secretary of the Interior shall
administer the National Park in accordance with--
(1) this subtitle; and
(2) the laws generally applicable to units of the National
Park System, including section 100101(a), chapter 1003,
sections 100751(a), 100752, 100753, and 102101, and chapter
3201 of title 54, United States Code.
(f) Effect.--Nothing in this section affects--
(1) valid existing rights (including water rights);
(2) permits or contracts issued by the Monument;
(3) existing agreements, including agreements with the
Department of Defense;
(4) the jurisdiction of the Department of Defense regarding
the restricted airspace above the National Park; or
(5) the airshed classification of the National Park under
the Clean Air Act (42 U.S.C. 7401 et seq.).
SEC. 2865. TRANSFERS OF ADMINISTRATIVE JURISDICTION RELATED
TO THE NATIONAL PARK AND WHITE SANDS MISSILE
RANGE.
(a) Transfer of Administrative Jurisdiction to the
Secretary of the Interior.--
(1) In general.--Administrative jurisdiction over the land
described in paragraph (2) is transferred from the Secretary
of the Army to the Secretary of the Interior.
(2) Description of land.--The land referred to in paragraph
(1) consists of the following:
(A) The approximately 2,826 acres of land identified as
``To NPS, lands inside current boundary'' on the Map.
(B) The approximately 5,766 acres of land identified as
``To NPS, new additions'' on the Map.
(b) Transfer of Administrative Jurisdiction to the
Secretary of the Army.--
(1) In general.--Administrative jurisdiction over the land
described in paragraph (2) is transferred from the Secretary
of the Interior to the Secretary of the Army.
(2) Description of land.--The land referred to in paragraph
(1) consists of the approximately 3,737 acres of land
identified as ``To DOA'' on the Map.
(c) Administration.--
(1) National park.--The Secretary of the Interior shall
administer the land transferred under subsection (a) in
accordance with laws (including regulations) applicable to
the National Park.
(2) Missile range.--Subject to subsection (d), the
Secretary of the Army shall administer the land transferred
to the Secretary of the Army under subsection (b) as part of
the Missile Range.
(d) Infrastructure; Resource Management.--
(1) Range road 7.--
(A) Infrastructure management.--To the maximum extent
practicable, in planning, constructing, and managing
infrastructure on the land described in subparagraph (C), the
Secretary of the Army shall apply low-impact development
techniques and strategies to prevent impacts within the
Missile Range and the National Park from stormwater runoff
from the land described in that subparagraph.
(B) Resource management.--The Secretary of the Army shall--
(i) manage the land described in subparagraph (C) in a
manner consistent with the protection of natural and cultural
resources within the Missile Range and the National Park and
in accordance with section 101(a)(1)(B) of the Sikes Act (16
U.S.C. 670a(a)(1)(B)), division A of subtitle III of title
54, United States Code, and the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3001 et seq.); and
(ii) include the land described in subparagraph (C) in the
integrated natural and cultural resource management plan for
the Missile Range.
(C) Description of land.--The land referred to in
subparagraphs (A) and (B) is the land that is transferred to
the administrative jurisdiction of the Secretary of the Army
under subsection (b) and located in the area east of Range
Road 7 in--
(i) T. 17 S., R. 5 E., sec. 31;
(ii) T. 18 S., R. 5 E.; and
(iii) T. 19 S., R. 5 E., sec. 5.
(2) Fence.--
(A) In general.--The Secretary of the Army shall continue
to allow the Secretary of the Interior to maintain the fence
shown on the Map until such time as the Secretary of the
Interior determines that the fence is unnecessary for the
management of the National Park.
(B) Removal.--If the Secretary of the Interior determines
that the fence is unnecessary for the management of the
National Park under subparagraph (A), the Secretary of the
Interior shall promptly remove the fence at the expense of
the Department of the Interior.
(e) Research.--The Secretary of the Army and the Secretary
of the Interior may enter into an agreement to allow the
Secretary of the Interior to conduct certain research in the
area identified as ``Cooperative Use Research Area'' on the
Map.
(f) Military Munitions and Munitions Debris.--
(1) Response action.--With respect to any Federal
liability, the Secretary of the Army shall remain responsible
for any response action addressing military munitions or
munitions debris on the land transferred under subsection (a)
to the same extent as on the day before the date of enactment
of this Act.
(2) Investigation of military munitions and munitions
debris.--
(A) In general.--The Secretary of the Interior may request
that the Secretary of the Army conduct one or more
investigations of military munitions or munitions debris on
any land transferred under subsection (a).
(B) Access.--The Secretary of the Interior shall give
access to the Secretary of the Army to the land covered by a
request under subparagraph (A) for the purposes of conducting
an investigation under that subparagraph.
(C) Limitation.--An investigation conducted under this
paragraph shall be subject to available appropriations.
(3) Applicable law.--Any activities undertaken under this
subsection shall be carried out in accordance with--
(A) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
(B) the purposes for which the National Park was
established; and
(C) any other applicable law.
SEC. 2866. BOUNDARY MODIFICATIONS RELATED TO THE NATIONAL
PARK AND MISSILE RANGE.
(a) National Park.--
(1) In general.--The boundary of the National Park is
revised to reflect the boundary depicted on the Map.
(2) Map.--
[[Page H5463]]
(A) In general.--The Secretary of the Interior, in
coordination with the Secretary of the Army, shall prepare
and keep on file for public inspection in the appropriate
office of the Secretary of the Interior a map and a legal
description of the revised boundary of the National Park.
(B) Effect.--The map and legal description under
subparagraph (A) shall have the same force and effect as if
included in this Act, except that the Secretary of the
Interior may correct clerical and typographical errors in the
map and legal description.
(3) Boundary survey.--As soon as practicable after the date
of the establishment of the National Park and subject to the
availability of funds, the Secretary of the Interior shall
complete an official boundary survey of the National Park.
(b) Missile Range.--
(1) In general.--The boundary of the Missile Range and the
Public Land Order are modified to exclude the land
transferred to the Secretary of the Interior under subsection
(a) of section 2865 and to include the land transferred to
the Secretary of the Army under subsection (b) of such
section.
(2) Map.--The Secretary of the Interior shall prepare a map
and legal description depicting the revised boundary of the
Missile Range.
(c) Conforming Amendment.--Section 2854 of the National
Defense Authorization Act for Fiscal Year 1997 (Public Law
104-201; 54 U.S.C. 320301 note), relating to the modification
of boundaries of the Monument and the Missile Range, is
repealed.
Subtitle G--Other Matters
SEC. 2871. INSTALLATION AND MAINTENANCE OF FIRE EXTINGUISHERS
IN DEPARTMENT OF DEFENSE FACILITIES.
The Secretary of Defense shall ensure that portable fire
extinguishers are installed and maintained in all Department
of Defense facilities in accordance with requirements of
national model fire codes developed by the National Fire
Protection Association and the International Code Council
that require redundancy and extinguishers throughout
occupancies regardless of the presence of other suppression
systems or alarm systems.
SEC. 2872. DEFINITION OF COMMUNITY INFRASTRUCTURE FOR
PURPOSES OF MILITARY BASE REUSE STUDIES AND
COMMUNITY PLANNING ASSISTANCE.
Paragraph (4) of section 2391(e) of title 10, United States
Code, is amended to read as follows:
``(4)(A) The term `community infrastructure' means a
project or facility described in subparagraph (B) that--
``(i) is located off of a military installation; and
``(ii) is--
``(I) owned by a State or local government; or
``(II) a not-for-profit, member owned utility service.
``(B) A project or facility described in this subparagraph
is any of the following:
``(i) Any transportation project.
``(ii) A school, hospital, police, fire, emergency
response, or other community support facility.
``(iii) A water, waste-water, telecommunications, electric,
gas, or other utility infrastructure project.''.
SEC. 2873. REPORT ON VULNERABILITIES FROM SEA LEVEL RISE TO
CERTAIN MILITARY INSTALLATIONS LOCATED OUTSIDE
THE CONTINENTAL UNITED STATES.
(a) Report Required.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report on
vulnerabilities from sea level rise to covered installations
located outside of the continental United States.
(b) Contents.--For each covered installation, the report
required by subsection (a) shall include the following:
(1) An analysis of the impacts to the operations,
contingency plans, and readiness of such installation from a
sea level rise.
(2) A discussion of mitigation efforts, including dredging,
reclaiming land, and island building, that may be necessary
due to a sea level rise--
(A) to ensure the continued operational viability of such
installation; and
(B) to increase the resiliency of such installation.
(3) The estimated costs of the efforts discussed under
paragraph (2).
(4) An identification of alternative locations for the
continuance of operations of such installation if such
installation is rendered inoperable.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may contain a
classified annex.
(d) Covered Installation Defined.--In this section, the
term ``covered installation'' means the following military
installations:
(1) Naval Support Facility Diego Garcia.
(2) Ronald Reagan Ballistic Missile Defense Test Site.
SEC. 2874. BLACK START EXERCISES AT JOINT BASES.
(a) Requirement.--Not later than September 30, 2020, the
Secretary of Defense shall conduct a black start exercise at
three Joint Bases at which such exercise has not previously
been conducted, for the purpose of identifying any
shortcomings in infrastructure, joint operations, joint
coordination, and security that would result from a loss of
power at the site.
(b) Report.--Not later than June 1, 2020, the Secretary of
Defense shall submit to the congressional defense committees
a report that contains a discussion of lessons learned from
black start exercises conducted by the Secretary of Defense
during the period beginning with the first such exercise and
ending on December 31, 2019, including the three most
recurring issues identified as a result of such exercises
with respect to infrastructure, joint coordination efforts,
and security.
(c) Black Start Exercise Defined.--In this section, the
term ``black start exercise'' means, with respect to a
military installation, an exercise in which commercial
utility power at the installation is dropped before backup
generation assets start, for the purpose of--
(1) testing the ability of the backup systems to start,
transfer the load, and carry the load until commercial power
is restored;
(2) aligning stakeholders on critical energy requirements
to meet mission requirements;
(3) validating mission operation plans, such as continuity
of operations plans;
(4) identifying infrastructure interdependencies; and
(5) verifying backup electric power system performance.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
SEC. 2901. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Authorization.--Subject to subsection (b), the
Secretary of the Army may acquire real property and carry out
the military construction projects for the installations
outside the United States, and in the amounts, set forth in
the following table:
Army: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Cuba............................................ Guantanamo Bay Naval Station............... $33,800,000
Unspecified Europe.............................. European Deterrence Initiative: Various $98,342,000
Locations.
----------------------------------------------------------------------------------------------------------------
(b) Report Required as Condition of Authorization.--Not
later than 90 days after the date of the enactment of this
Act, the Secretary of the Army shall submit to the
congressional defense committees a report containing a plan
to carry out each military construction project authorized in
the final item in the table in subsection (a) for an
unspecified location for the European Deterrence Initiative.
The plan shall include a Department of Defense Form 1391 for
each proposed project. The Secretary may not commence a
project until the report has been submitted.
SEC. 2902. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Authorization.--Subject to subsection (b), the
Secretary of the Navy may acquire real property and carry out
the military construction projects for the installations
outside the United States, and in the amounts, set forth in
the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Bahrain......................................... SW Asia.................................... $53,360,000
Italy........................................... Sigonella.................................. $77,400,000
Spain........................................... Rota....................................... $69,570,000
Unspecified Europe.............................. European Deterrence Initiative: Various $56,246,000
Locations.................................
----------------------------------------------------------------------------------------------------------------
(b) Report Required as Condition of Authorization.--Not
later than 90 days after the date of the enactment of this
Act, the Secretary of the Navy shall submit to the
congressional defense committees a report containing a plan
to carry out each military construction project authorized in
the final item in the table in subsection (a) for an
unspecified location for the European Deterrence Initiative.
The plan shall
[[Page H5464]]
include a Department of Defense Form 1391 for each proposed
project. The Secretary may not commence a project until the
report has been submitted.
SEC. 2903. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Authorization.--Subject to subsection (b), the
Secretary of the Air Force may acquire real property and
carry out the military construction projects for the
installations outside the United States, and in the amounts,
set forth in the following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Iceland......................................... Keflavik................................... $57,000,000
Jordan.......................................... Azraq...................................... $66,000,000
Spain........................................... Moron...................................... $8,500,000
Unspecified Europe.............................. European Deterrence Initiative: Various.... $231,246,000
----------------------------------------------------------------------------------------------------------------
(b) Report Required as Condition of Authorization.--Not
later than 90 days after the date of the enactment of this
Act, the Secretary of the Air Force shall submit to the
congressional defense committees a report containing a plan
to carry out each military construction project authorized in
the final item in the table in subsection (a) for an
unspecified location for the European Deterrence Initiative.
The plan shall include a Department of Defense Form 1391 for
each proposed project. The Secretary may not commence a
project until the report has been submitted.
SEC. 2904. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
The Secretary of Defense may acquire real property and
carry out the military construction project for the
installation outside the United States, and in the amount,
set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Germany......................................... Germersheim................................ $46,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2905. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2019, for the military
construction projects outside the United States authorized by
this title as specified in the funding table in section 4602.
TITLE XXX--AUTHORIZATION OF EMERGENCY MILITARY CONSTRUCTION
SEC. 3001. AUTHORIZATION OF EMERGENCY NAVY CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
Pursuant to section 2802 of title 10, United States Code,
the following real property acquisition and military
construction projects, including planning and design related
to military construction projects, in the following amounts,
are authorized:
Navy Authorization
----------------------------------------------------------------------------------------------------------------
State or Location Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
North Carolina........................ Camp Lejeune............ Various construction....... $967,210,000
Marine Corps Air Station Various Construction....... $175,456,000
Cherry Point...........
Unspecified Worldwide................. Unspecified Worldwide Planning and Design........ $68,282,000
Locations..............
----------------------------------------------------------------------------------------------------------------
SEC. 3002. AUTHORIZATION OF EMERGENCY AIR FORCE CONSTRUCTION
AND LAND ACQUISITION PROJECTS.
(a) Air Force Authorization.--Subject to subsection (b),
pursuant to section 2802 of title 10, United States Code, the
following real property acquisition and military construction
projects, in the following amounts, are authorized:
Air Force Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Florida............................... Tyndall Air Force Base.. Various Construction....... $735,752,000
Nebraska.............................. Offutt Air Force Base... Various Construction....... $300,000,000
----------------------------------------------------------------------------------------------------------------
(b) Report Required as Condition of Authorization.--Not
later than 90 days after the date of the enactment of this
Act, the Secretary of the Air Force shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a report containing a plan to carry out the
military construction projects authorized by this section.
The plan shall include an explanation of how each military
construction project will incorporate mitigation measures
that reduce the threat from extreme weather events, mean sea
level fluctuation, flooding, and any other known
environmental threat to resilience, including a list of any
areas in which there is a variance from the local building
requirements and an explanation of the reason for the
variance. The plan shall also include a Department of Defense
Form 1391 for each proposed project. The Secretary may not
commence a project until the report required from the
Secretary has been submitted.
SEC. 3003. AUTHORIZATION OF EMERGENCY ARMY NATIONAL GUARD AND
ARMY RESERVE CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Army National Guard Authorization.--Pursuant to section
2802 of title 10, United States Code, the following real
property acquisition and military construction projects, in
the following amounts, are authorized:
Army National Guard Authorization
----------------------------------------------------------------------------------------------------------------
State Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Florida................................ Panama City............... National Guard Readiness $25,000,000
Center......................
North Carolina......................... Military Training Area General Purpose $25,000,000
Fort Fisher.............. Administrative Building.....
----------------------------------------------------------------------------------------------------------------
(b) Army Reserve Authorization.--Pursuant to section 2805
of title 10, United States Code, unspecified minor
construction, in the amount set forth in the following table,
is authorized:
[[Page H5465]]
Army Reserve Authorization
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Unspecified Worldwide.................. Unspecified Worldwide Unspecified Minor $3,300,000
Locations................ Construction................
----------------------------------------------------------------------------------------------------------------
DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
OTHER AUTHORIZATIONS
TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Subtitle A--National Security Programs and Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2020 for the activities of the National Nuclear
Security Administration in carrying out programs as specified
in the funding table in section 4701.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out new
plant projects for the National Nuclear Security
Administration as follows:
Project 15-D-301, High Explosive Science and Engineering
Facility, Pantex Plant, Amarillo, Texas, $123,000,000.
Project 15-D-611, Emergency Operations Center, Sandia
National Laboratories, Albuquerque, New Mexico, $4,000,000.
Project 15-D-612, Emergency Operations Center, Lawrence
Livermore National Laboratory, Livermore, California,
$5,000,000.
Project 18-D-150, Surplus Plutonium Disposition, Savannah
River Site, Aiken, South Carolina, $79,000,000.
Project 18-D-650, Tritium Finishing Facility, Savannah
River Site, Aiken, South Carolina, $27,000,000.
Project 19-D-670, 138k Power Transmission System
Replacement, Nevada National Security Site, Mercury, Nevada,
$6,000,000.
Project 20-D-931, KL Fuel Development Laboratory, Knolls
Atomic Power Laboratory, Schenectady, New York, $23,700,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2020 for defense
environmental cleanup activities in carrying out programs as
specified in the funding table in section 4701.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2020 for other defense
activities in carrying out programs as specified in the
funding table in section 4701.
SEC. 3104. NUCLEAR ENERGY.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2020 for nuclear energy
as specified in the funding table in section 4701.
Subtitle B--Program Authorizations, Restrictions, Limitations, and
Other Matters
SEC. 3111. PERSONNEL LEVELS OF THE OFFICE OF THE
ADMINISTRATOR FOR NUCLEAR SECURITY.
(a) Personnel Levels.--
(1) Increase.--Subsection (a) of section 3241A of the
National Nuclear Security Administration Act (50 U.S.C.
2441a) is amended by striking ``1,690'' both places it
appears and inserting ``1,890''.
(2) Technical amendments.--Such subsection is further
amended--
(A) in paragraph (1), by striking ``By October 1, 2015,
the'' and inserting ``The''; and
(B) in paragraph (2), by striking ``2016'' and inserting
``2020''.
(b) Reports on Service Support Contracts.--Subsection (f)
of such section is amended--
(1) in the matter preceding paragraph (1), by striking ``as
of the date of the report'' and inserting ``for the most
recent fiscal year for which data is available''; and
(2) by striking paragraph (5) and inserting the following
new paragraphs:
``(5) With respect to each contract identified under
paragraph (2)--
``(A) identification of each appropriations account that
supports the contract; and
``(B) the amount obligated under the contract during the
fiscal year, listed by each such account.
``(6) With respect to each appropriations account
identified under paragraph (5)(A), the total amount obligated
for contracts identified under paragraph (2).''.
SEC. 3112. OFFICE OF COST ESTIMATING AND PROGRAM EVALUATION.
(a) Sense of Congress.--It is the sense of Congress that
Congress is concerned that the staffing levels of the Office
of Cost Estimating and Program Evaluation of the National
Nuclear Security Administration have been persistently below
the authorized level.
(b) Reporting.--Section 3221(b)(1) of the National Nuclear
Security Administration Act (50 U.S.C. 2411(b)(1)) is amended
by adding at the end the following new sentence: ``The
Director shall report directly to the Administrator.''.
(c) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Administrator for Nuclear
Security shall provide to the congressional defense
committees a briefing on the plan of the Administrator to
fully staff the Office of Cost Estimating and Program
Evaluation of the National Nuclear Security Administration
pursuant to section 3221(f) of the National Nuclear Security
Administration Act (50 U.S.C. 2411(f)).
SEC. 3113. CLARIFICATION OF CERTAIN STOCKPILE RESPONSIVENESS
PROGRAM OBJECTIVES.
Section 4220(c) of the Atomic Energy Defense Act (50 U.S.C.
2538b(c)) is amended--
(1) in paragraph (3), by striking ``capabilities required,
including prototypes'' and inserting ``capabilities as
required, such as through the use of prototypes''; and
(2) in paragraph (6)--
(A) by striking ``in consultation with the Director of
National Intelligence'' and inserting ``in coordination with
the Director of National Intelligence''; and
(B) by inserting ``if needed to meet intelligence
requirements'' after ``foreign countries''.
SEC. 3114. MODIFICATION TO PLUTONIUM PIT PRODUCTION CAPACITY.
(a) Finding and Sense of Congress.--
(1) Finding.--Congress finds that a recent study by the
Institute of Defense Analyses notes, ``a key milestone will
be achieving the Plutonium Sustainment Program goal of 30
pits per year at Los Alamos National Laboratory''.
(2) Sense of congress.--It is the sense of Congress that
the National Nuclear Security Administration should
prioritize achieving production of 30 pits per year at Los
Alamos National Laboratory and ensure that efforts to design
and construct a second site do not divert resources,
including personnel and funding, from Los Alamos National
Laboratory.
(b) 2027 Requirement.--Section 4219 of the Atomic Energy
Defense Act (50 U.S.C. 2538a) is amended--
(1) in subsection (a)--
(A) in paragraph (3), by inserting ``and'' after the
semicolon;
(B) in paragraph (4), by striking ``; and'' and inserting a
period; and
(C) by striking paragraph (5);
(2) by striking subsection (b); and
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
(c) Conforming Amendment.--Subsection (b) of such section,
as redesignated by subsection (b), is amended by striking
``(or, if the authority under subsection (b) is exercised,
2029)''.
SEC. 3115. ANNUAL CERTIFICATION OF SHIPMENTS TO WASTE
ISOLATION PILOT PLANT.
Section 3115(a) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2759), as
amended by section 3137 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 132 Stat. 2303), is further amended, in the matter
preceding paragraph (1), by striking ``three-year period''
and inserting ``10-year period''.
SEC. 3116. REPEAL OF LIMITATION ON AVAILABILITY OF FUNDS FOR
ACCELERATION OF NUCLEAR WEAPONS DISMANTLEMENT.
Section 3125 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2766) is
repealed.
SEC. 3117. ELIMINATION OF LIMITATION ON AVAILABILITY OF FUNDS
RELATING TO SUBMISSION OF ANNUAL REPORTS ON
UNFUNDED PRIORITIES.
Section 4716 of the Atomic Energy Defense Act (50 U.S.C.
2756) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
SEC. 3118. PROGRAM FOR RESEARCH AND DEVELOPMENT OF ADVANCED
NAVAL NUCLEAR FUEL SYSTEM BASED ON LOW-ENRICHED
URANIUM.
(a) Establishment.--Not later than 60 days after the date
of the enactment of this Act, the Administrator for Nuclear
Security shall establish a program to assess the viability of
using low-enriched uranium in naval nuclear propulsion
reactors, including such reactors located on aircraft
carriers and submarines, that meet the requirements of the
Navy.
(b) Activities.--In carrying out the program under
subsection (a), the Administrator shall carry out activities
to develop an advanced naval nuclear fuel system based on
low-enriched uranium, including activities relating to--
(1) down-blending of high-enriched uranium into low-
enriched uranium;
(2) manufacturing of candidate advanced low-enriched
uranium fuels;
(3) irradiation tests and post-irradiation examination of
these fuels; and
(4) modification or procurement of equipment and
infrastructure relating to such activities.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Administrator shall submit to the
congressional defense committees a plan outlining the
activities the Administrator will carry out under the program
established under subsection (a), including the funding
requirements associated with developing a low-enriched
uranium fuel.
SEC. 3119. REPLACEMENT OF W78 WARHEAD.
(a) Analysis of Alternatives.--
(1) In general.--The Administrator for Nuclear Security
shall conduct an analysis of alternatives with respect to
replacing the W78 warhead. Such analysis shall describe the
technical risks and costs for each option to replace the W78
warhead.
(2) Review.--The Director for Cost Estimating and Program
Evaluation of the National Nuclear Security Administration
shall review the analysis of alternatives under paragraph
(1).
[[Page H5466]]
(3) Report.--Not later than 150 days after the date of the
enactment of this Act, the Administrator shall submit to the
congressional defense committees a report on the replacement
of the W78 warhead. Such report shall include the analysis of
alternatives under paragraph (1) and the review under
paragraph (2).
(b) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2020
for the National Nuclear Security Administration for the
modernization of the W78 warhead, not more than 75 percent
may be obligated or expended until the date on which the
report is submitted under subsection (a)(3).
(c) Independent Study.--
(1) In general.--The Administrator shall seek to enter into
an arrangement with the private scientific advisory group
known as JASON to conduct a study of the plan of the
Administrator to replace the W78 warhead. Such study shall
include--
(A) an assessment of the risks to certification; and
(B) the need for planned upgrades to such warhead.
(2) Submission.--Not later than 150 days after the date of
the enactment of this Act, the Administrator shall submit to
the congressional defense committees the study under
paragraph (1), without change.
SEC. 3120. NATIONAL LABORATORY JOBS ACCESS PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary may establish a program
known as the ``Department of Energy National Lab Jobs ACCESS
Program'', under which the Secretary may award, on a
competitive basis, 5-year grants to eligible entities
described in subsection (c) for the Federal share of the
costs of technical, skills-based preapprenticeship and
apprenticeship programs that provide employer-driven or
recognized postsecondary credentials during the grant period.
(b) Requirements.--A program funded by a grant awarded
under this section shall develop and deliver customized and
competency-based training that--
(1) leads to recognized postsecondary credentials for
secondary school and postsecondary students;
(2) is focused on skills and qualifications needed, as
determined by the Department of Energy in consultation with
the national laboratories, to meet the immediate and on-going
needs of traditional and emerging technician positions
(including machinists and cyber security technicians) at the
National Laboratories and covered facilities of the National
Nuclear Security Administration;
(3) creates an apprenticeship or preapprenticeship program
in consultation with a National Laboratory or covered
facility of the National Nuclear Security Administration; and
(4) creates an apprenticeship or preapprenticeship program
registered with and approved by the Secretary of Labor or a
State Apprenticeship Agency.
(c) Eligible Entities.--An entity that is eligible to
receive a grant under this section shall be a workforce
intermediary or an eligible sponsor of a preapprenticeship or
an apprenticeship program that--
(1) demonstrates experience in implementing and providing
career planning and career pathways towards apprenticeship or
preapprenticeship programs;
(2)(A) has a relationship with a National Laboratory or
covered facility of the National Nuclear Security
Administration;
(B) has knowledge of technician workforce needs of such
laboratory or facility and the associated security
requirements of such laboratory or facility; and
(C) is eligible to enter into an agreement with such
laboratory or facility that would be paid for in part or
entirely from grant funds received under this section;
(3) demonstrates the ability to recruit and support
individuals who plan to work in relevant technician positions
upon the successful completion of such programs;
(4) provides students who complete such programs with a
recognized postsecondary credential, such as a journeyman
craft license or an industry-recognized certification;
(5) uses a customized training curriculum that is
specifically aligned with employers, utilizing workplace
learning advisors and on-the-job training to the greatest
extent possible; and
(6) demonstrates successful outcomes connecting graduates
of such programs to careers relevant to such programs.
(d) Applications.--An eligible entity seeking a grant under
this section shall submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
(e) Priority.--In selecting eligible entities to receive
grants under this section, the Secretary shall prioritize an
eligible entity that--
(1) is a member of an industry or sector partnership;
(2) provides the training described in subsection (b)--
(A) at an institution of higher education (such as a
community college) that includes basic science, technology,
and mathematics education in the curriculum;
(B) through an apprenticeship program that was registered
with the Department of Labor or a State Apprenticeship Agency
before the date on which the eligible entity applies for the
grant under subsection (d); or
(C) with respect to a preapprenticeship program, at a local
educational agency, a secondary school, a provider of adult
education, an area career and technical education school, or
an appropriate community facility;
(3) works with the Secretary of Defense, Secretary of
Veteran Affairs, or veterans organizations to transition
members of the Armed Forces and veterans to apprenticeship or
preapprenticeship programs in a relevant sector;
(4) plans to use the grant to carry out the training
described in subsection (b) with an entity that receives
State funding or is operated by a State agency; and
(5) plans to use the grant to carry out the training
described in subsection (b) for--
(A) young adults ages 16 to 29, inclusive; or
(B) individuals with barriers to employment.
(f) Additional Consideration.--In making grants under this
section, the Secretary shall consider regional diversity.
(g) Limitation on Applications.--An eligible entity may not
submit, either individually or as part of a joint
application, more than 1 application for a grant under this
section during any 1 fiscal year.
(h) Limitations on Amount of Grant.--The amount of a grant
provided under this section for any 24-month period of the 5-
year grant period shall not exceed $500,000.
(i) Non-Federal Share.--The non-Federal share of the cost
of a customized training program carried out using a grant
under this section shall be not less than 25 percent of the
total cost of the program.
(j) Technical Assistance.--The Secretary may provide
technical assistance to eligible entities described in
subsection (c) to leverage the existing job training and
education programs of the Department of Labor and other
relevant programs at appropriate Federal agencies.
(k) Report.--
(1) In general.--Not less than once every 2 years, the
Secretary of Labor shall submit to Congress, and make
publicly available on the website of the Department of Labor,
a report on the program established under this section,
including--
(A) a description of--
(i) any entity that receives a grant under this section;
(ii) any activity carried out using the grants under this
section; and
(iii) best practices used to leverage the investment of the
Federal Government under this section; and
(B) an assessment of the results achieved by the program
established under this section, including the rate of
employment for participants after completing a job training
and education program carried out using a grant under this
section.
(2) Provision of information.--The Secretary of Energy
shall provide such information as necessary to the Secretary
of Labor for purposes of the report under paragraph (1).
(3) Performance reports.--Not later than one year after the
start of a new apprenticeship or preapprenticeship program
established under this section, and annually thereafter, the
entity carrying out the programs shall submit to the
Secretary of Labor a report on the effectiveness of the
program based on the accountability measures described in
clauses (i) and (ii) of section 116(b)(2)(A) of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)).
(l) Definitions.--In this section:
(1) ESEA terms.--The terms ``local educational agency'' and
``secondary school'' have the meanings given the terms in
section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
(2) WIOA terms.--The terms ``career planning'',
``community-based organization'', ``customized training'',
``economic development agency'', ``individual with a barrier
to employment'', ``industry or sector partnership'', ``on-
the-job training'', ``recognized postsecondary credential'',
and ``workplace learning advisor'' have the meanings given
such terms in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(3) Apprenticeship.--The term ``apprenticeship'' means an
apprenticeship registered under the Act of August 16, 1937
(commonly known as the ``National Apprenticeship Act''; 50
Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).
(4) Area career and technical education school.--The term
``area career and technical education school'' has the
meaning given the term in section 3 of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2302).
(5) Community college.--The term ``community college'' has
the meaning given the term ``junior or community college'' in
section 312(f) of the Higher Education Act of 1965 (20 U.S.C.
1058(f)).
(6) Covered facility of the national nuclear security
administration.--The term ``covered facility of the National
Nuclear Security Administration'' means a national security
laboratory or a nuclear weapons production facility as such
terms are defined in section 4002 of the Atomic Energy
Defense Act (50 U.S.C. 2501).
(7) Eligible sponsor.--The term ``eligible sponsor'' means
a public organization or an organization described in section
501(c) of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of that Code, that--
(A) with respect to an apprenticeship program, administers
such program through a partnership that may include--
(i) an industry or sector partnership;
(ii) an employer or industry association;
(iii) a labor-management organization;
(iv) a local workforce development board or State workforce
development board;
(v) a 2- or 4-year institution of higher education that
offers an educational program leading to an associate's or
bachelor's degree in conjunction with a certificate of
completion of apprenticeship;
(vi) the Armed Forces (including the National Guard and
Reserves);
(vii) a community-based organization; or
(viii) an economic development agency; and
(B) with respect to a preapprenticeship program, is a local
educational agency, a secondary school, an area career and
technical
[[Page H5467]]
education school, a provider of adult education, a State
workforce development board, a local workforce development
board, or a community-based organization, that administers
such program with any required coordination and necessary
approvals from the Secretary of Labor or a State department
of labor.
(8) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(9) Local workforce development board.--The term ``local
workforce development board'' has the meaning given the term
``local board'' in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(10) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(11) Provider of adult education.--The term ``provider of
adult education'' has the meaning given that term in section
203 of the Adult Education and Literacy Act (29 U.S.C. 3272).
(12) Related instruction.--The term ``related instruction''
means an organized and systematic form of instruction
designed to provide an apprentice with the knowledge of the
technical subjects related to the occupation of the
apprentice.
(13) Secretary.--The term ``Secretary'' means the Secretary
of Energy, in consultation with the Secretary of Labor,
except as otherwise specified in this Act.
(14) State workforce development board.--The term ``State
workforce development board'' has the meaning given the term
``State board'' in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
(15) Workforce intermediary.--The term ``workforce
intermediary''--
(A) means an organization that proactively addresses
workforce needs using a dual customer approach, which
considers the needs of both employees and employers; and
(B) may include a community organization, an employer
organization, a community college, a temporary staffing
agency, a State workforce development board, a local
workforce development board, or a labor organization.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
2020, $29,450,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).
SEC. 3202. IMPROVEMENTS TO DEFENSE NUCLEAR FACILITIES SAFETY
BOARD.
(a) Staff.--
(1) Sense of congress.--It is the sense of Congress that
the Defense Nuclear Facilities Safety Board is not adequately
staffed, particularly given the ongoing increase in defense
nuclear activities during the decade following the date of
the enactment of this Act.
(2) Executive director of operations.--
(A) Establishment of position.--Subsection (b) of section
313 of the Atomic Energy Act of 1954 (42 U.S.C. 2286b) is
amended by adding at the end the following new paragraph:
``(3)(A) The Board shall have an Executive Director of
Operations who shall be appointed under section 311(c)(7).
``(B) The Executive Director of Operations shall report to
the Chairman.
``(C) The Executive Director of Operations shall be the
senior employee of the Board responsible for--
``(i) general administration and technical matters;
``(ii) ensuring that the members of the Board are fully and
currently informed with respect to matters for which the
members are responsible; and
``(iii) the functions delegated by the Chairman pursuant to
section 311(c)(3)(B).''.
(B) Delegation of functions.--Paragraph (3) of section
311(c) of such Act (42 U.S.C. 2286(c)) is amended--
(i) by striking ``The Chairman'' and inserting ``(A) The
Chairman''; and
(ii) by adding at the end the following new subparagraph:
``(B) In carrying out subparagraph (A), the Chairman shall
delegate to the Executive Director of Operations established
under section 313(b)(3) the following functions:
``(i) Administrative functions of the Board.
``(ii) Appointment and supervision of employees of the
Board not specified under paragraph (7).
``(iii) Distribution of business among the employees and
administrative units and offices of the Board.
``(iv) Preparation of--
``(I) proposals for the reorganization of the
administrative units or offices of the Board;
``(II) the budget estimate for the Board; and
``(III) the proposed distribution of funds according to
purposes approved by the Board.''.
(3) Appointment and removal powers.--Paragraph (7) of such
section 311(c) is amended to read as follows:
``(7)(A) The Chairman, subject to the approval of the
Board, shall appoint the senior employees described in
subparagraph (C). Any member of the Board may propose to the
Chairman an individual to be so appointed.
``(B) The Chairman, subject to the approval of the Board,
may remove a senior employee described in subparagraph (C).
Any member of the Board may propose to the Chairman an
individual to be so removed.
``(C) The senior employees described in this subparagraph
are the following senior employees of the Board:
``(i) The Executive Director of Operations established
under section 313(b)(3).
``(ii) The general counsel.''.
(4) Full-time equivalent personnel levels.--Section
313(b)(1)(A) of such Act (42 U.S.C. 2286b(b)(1)(A)) is
amended by striking ``but not'' and all that follows through
the semicolon and inserting ``but not fewer than the
equivalent of 110 full-time employees and not more than the
equivalent of 130 full-time employees;''.
(b) Public Health and Safety.--Section 312(a) of such Act
(42 U.S.C. 2286a(a)) is amended by inserting before the
period at the end the following: ``, including with respect
to the health and safety of employees and contractors at such
facilities''.
(c) Access to Facilities, Personnel, and Information.--
Section 314 of such Act (42 U.S.C. 2286c) is amended--
(1) in subsection (a)--
(A) by striking ``The Secretary of Energy'' and inserting
``Except as specifically provided by this section, the
Secretary of Energy'';
(B) by striking ``ready access'' both places it appears and
inserting ``prompt and unfettered access''; and
(C) by adding at the end the following new sentence: ``The
access provided to facilities, personnel, and information
under this subsection shall be provided without regard to the
hazard or risk category assigned to a facility by the
Secretary.''; and
(2) by striking subsection (b) and inserting the following
new subsections:
``(b) Authority of Secretary Deny Information.--The
Secretary may only deny access to information pursuant to
subsection (a)--
``(1) to any person who--
``(A) has not been granted an appropriate security
clearance or access authorization by the Secretary; or
``(B) does not need such access in connection with the
duties of such person; or
``(2) if such denial is authorized by a provision of
Federal law that specifically limits the right of the Board
to access such information.
``(c) Application of Nondisclosure Protections by Board.--
The Board may not publicly disclose information provided
under this section if such information is otherwise protected
from disclosure by law, including deliberative process
information.''.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated
to the Secretary of Energy $14,000,000 for fiscal year 2020
for the purpose of carrying out activities under chapter 869
of title 10, United States Code, relating to the naval
petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to
the authorization of appropriations in subsection (a) shall
remain available until expended.
TITLE XXXV--MARITIME MATTERS
Subtitle A--Maritime Administration
SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION.
There are authorized to be appropriated to the Department
of Transportation for fiscal year 2020, to be available
without fiscal year limitation if so provided in
appropriations Acts, for programs associated with maintaining
the United States merchant marine, the following amounts:
(1) For expenses necessary for operations of the United
States Merchant Marine Academy, $81,944,000, of which--
(A) $77,944,000 shall be for Academy operations; and
(B) $4,000,000 shall remain available until expended for
capital asset management at the Academy.
(2) For expenses necessary to support the State maritime
academies, $38,480,000, of which--
(A) $2,400,000 shall remain available until September 30,
2020, for the Student Incentive Program;
(B) $30,080,000 shall remain available until expended for
maintenance and repair of State maritime academy training
vessels; and
(C) $6,000,000 shall remain available until expended for
direct payments to such academies.
(3) For expenses necessary to support the National Security
Multi-Mission Vessel Program, $300,000,000, which shall
remain available until expended.
(4) For expenses necessary to support Maritime
Administration operations and programs, $53,273,000.
(5) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $5,000,000, which shall
remain available until expended.
(6) For expenses necessary to maintain and preserve a
United States flag merchant marine to serve the national
security needs of the United States under chapter 531 of
title 46, United States Code, $300,000,000.
(7) For expenses necessary for the loan guarantee program
authorized under chapter 537 of title 46, United States Code,
$33,000,000, of which--
(A) $30,000,000 may be used for the cost (as defined in
section 502(5) of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a(5))) of loan guarantees under the program; and
(B) $3,000,000 may be used for administrative expenses
relating to loan guarantee commitments under the program.
(8) For expenses necessary to provide small shipyards and
maritime communities grants under section 54101 of title 46,
United States Code, $35,000,000.
SEC. 3502. REAUTHORIZATION OF MARITIME SECURITY PROGRAM.
(a) Award of Operating Agreements.--Section 53103 of title
46, United States Code, is amended by striking ``2025'' each
place it appears and inserting ``2035''.
[[Page H5468]]
(b) Effectiveness of Operating Agreements.--Section
53104(a) of title 46, United States Code, is amended by
striking ``2025'' and inserting ``2035''.
(c) Payments.--Section 53106(a)(1) of title 46, United
States Code, is amended--
(1) in subparagraph (B), by striking ``and'';
(2) in subparagraph (C), by striking ``$3,700,000 for each
of fiscal years 2022, 2023, 2024, and 2025.'' and inserting
``$5,300,000 for each of fiscal years 2022, 2023, 2024, and
2025; and''; and
(3) by adding at the end the following new subparagraphs:
``(D) $5,800,000 for each of fiscal years 2026, 2027, and
2028;
``(E) $6,300,000 for each of fiscal years 2029, 2030, and
2031; and
``(F) $6,800,000 for each of fiscal years 2032, 2033, 2034,
and 2035.''.
(d) Authorization of Appropriations.--Section 53111 of
title 46, United States Code, is amended--
(1) in paragraph (2), by striking ``and'';
(2) in paragraph (3), by striking ``$222,000,000 for each
fiscal year thereafter through fiscal year 2025.'' and
inserting ``$318,000,000 for each of fiscal years 2022, 2023,
2024, and 2025;''; and
(3) by adding at the end the following new paragraphs:
``(4) $348,000,000 for each of fiscal years 2026, 2027, and
2028;
``(5) $378,000,000 for each of fiscal years 2029, 2030, and
2031; and
``(6) $408,000,000 for each of fiscal years 2032, 2033,
2034, and 2035.''.
SEC. 3503. MARITIME OCCUPATIONAL SAFETY AND HEALTH ADVISORY
COMMITTEE.
Section 7 of the Occupational Safety and Health Act of 1970
(29 U.S.C. 656) is amended by adding at the end the
following:
``(d) There is established a Maritime Occupational Safety
and Health Advisory Committee, which shall be a continuing
body and shall provide advice to the Secretary in formulating
maritime industry standards and regarding matters pertaining
to the administration of this Act related to the maritime
industry. The composition of such advisory committee shall be
consistent with the advisory committees established under
subsection (b). A member of the advisory committee who is
otherwise qualified may continue to serve until a successor
is appointed. The Secretary may promulgate or amend
regulations as necessary to implement this subsection.''.
Subtitle B--Tanker Security Fleet
SEC. 3511. TANKER SECURITY FLEET.
(a) In General.--Subtitle VII of title 46, United States
Code, is amended by adding at the end the following:
``CHAPTER 707--TANKER SECURITY FLEET
``70701. Definitions.
``70702. Establishment of the Tanker Security Fleet.
``70703. Vessel standards.
``70704. Award of operating agreements.
``70705. Effectiveness of operating agreements.
``70706. Obligations and rights under operating agreements.
``70707. Payments.
``70708. National security requirements.
``70709. Regulatory relief.
``70710. Special rule regarding age of participating Fleet vessels.
``70711. Regulations.
``70712. Authorization of appropriations.
``70713. Acquisition of Fleet vessels.
``Sec. 70701. Definitions
``In this chapter:
``(1) Foreign commerce.--The term `foreign commerce'
means--
``(A) commerce or trade between the United States, its
territories or possessions, or the District of Columbia, and
a foreign country; and
``(B) commerce or trade between foreign countries including
trade between foreign ports in accordance with normal
commercial bulk shipping practices in such a manner as will
permit vessels of the United States freely to compete with
foreign-flag liquid bulk carrying vessels in their operation
or in competing charters, subject to rules and regulations
promulgated by the Secretary of Transportation pursuant to
this chapter or subtitle.
``(2) Participating fleet vessel.--The term `participating
Fleet vessel' means any tank vessel covered by an operating
agreement under this chapter on or after January 1, 2021.
``(3) Person.--The term `person' includes corporations,
partnerships, and associations existing under, or authorized
by, laws of the United States, or any State, territory,
district, or possession thereof, or any foreign country.
``(4) Tank vessel.--The term `tank vessel' has the meaning
that term has under section 2101 of this title.
``(5) United states citizen trust.--The term `United States
citizen trust'--
``(A) means a trust for which--
``(i) each of the trustees is a citizen of the United
States; and
``(ii) the application for documentation of the vessel
under chapter 121 of this title includes an affidavit of each
trustee stating that the trustee is not aware of any reason
involving a beneficiary of the trust that is not a citizen of
the United States, or involving any other person who is not a
citizen of the United States, as a result of which the
beneficiary or other person would hold more than 25 percent
of the aggregate power to influence or limit the exercise of
the authority of the trustee with respect to matters
involving any ownership or operation of the vessel that may
adversely affect the interests of the United States;
``(B) does not include a trust for which any person that is
not a citizen of the United States has authority to direct,
or participate in directing, a trustee for a trust in matters
involving any ownership or operation of the vessel that may
adversely affect the interests of the United States or in
removing a trustee without cause, either directly or
indirectly through the control of another person, unless the
trust instrument provides that persons who are not citizens
of the United States may not hold more than 25 percent of the
aggregate authority to so direct or remove a trustee; and
``(C) may include a trust for which a person who is not a
citizen of the United States holds more than 25 percent of
the beneficial interest in the trust.
``Sec. 70702. Establishment of the Tanker Security Fleet
``(a) In General.--The Secretary of Transportation, in
consultation with the Secretary of Defense, shall establish a
fleet of active, commercially viable, militarily useful,
privately owned product tankers to meet national defense and
other security requirements and maintain a United States
presence in international commercial shipping. The fleet
shall consist of privately owned vessels of the United States
for which there are in effect operating agreements under this
chapter, and shall be known as the `Tanker Security Fleet'
(hereinafter in this chapter referred to as the `Fleet').
``(b) Vessel Eligibility.--A vessel is eligible to be
included in the Fleet if the vessel--
``(1) meets the requirements under paragraph (1), (2), (3),
or (4) of subsection (c);
``(2) is operated (or in the case of a vessel to be
constructed, will be operated) in providing transportation in
United States foreign commerce;
``(3) is self-propelled;
``(4) is not more than ten years of age on the date the
vessel is first included in the Fleet and not more than 25
years of age at any time during which the vessel is included
in the Fleet;
``(5) is determined by the Secretary of Defense to be
suitable for use by the United States for national defense or
military purposes in time of war or national emergency; and
``(6) is commercially viable, as determined by the
Secretary of Transportation; and
``(7) is--
``(A) a vessel of the United States; or
``(B) not a vessel of the United States, but--
``(i) the owner of the vessel has demonstrated an intent to
have the vessel documented under chapter 121 of this title if
it is included in the Fleet; and
``(ii) at the time an operating agreement is entered into
under this chapter, the vessel is eligible for documentation
under chapter 121 of this title.
``(c) Requirements Regarding Citizenship of Owners,
Charterers, and Operators.--
``(1) Vessels owned and operated by section 50501
citizens.--A vessel meets the requirements of this paragraph
if, during the period of an operating agreement under this
chapter that applies to the vessel, the vessel will be owned
and operated by one or more persons that are citizens of the
United States under section 50501 of this title.
``(2) Vessels owned by a section 50501 citizen, or united
states citizen trust, and chartered to a documentation
citizen.--A vessel meets the requirements of this paragraph
if--
``(A) during the period of an operating agreement under
this chapter that applies to the vessel, the vessel will be--
``(i) owned by a person that is a citizen of the United
States under section 50501 of this title or that is a United
States citizen trust; and
``(ii) demise chartered to a person--
``(I) that is eligible to document the vessel under chapter
121 of this title;
``(II) the chairman of the board of directors, chief
executive officer, and a majority of the members of the board
of directors of which are citizens of the United States under
section 50501 of this title, and are appointed and subjected
to removal only upon approval by the Secretary; and
``(III) that certifies to the Secretary that there are no
treaties, statutes, regulations, or other laws that would
prohibit the owner or operator for the vessel from performing
its obligations under an operating agreement under this
chapter;
``(B) in the case of a vessel that will be demise chartered
to a person that is owned or controlled by another person
that is not a citizen of the United States under section
50501 of this title, the other person enters into an
agreement with the Secretary not to influence the operation
of the vessel in a manner that will adversely affect the
interests of the United States; and
``(C) the Secretary of Transportation and the Secretary of
Defense notify the Committee on Armed Services and the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Armed Services and the Committee
on Transportation and Infrastructure of the House of
Representatives that the Secretaries concur with the
certification required under subparagraph (A)(ii)(III), and
have reviewed and agree that there are no legal, operational,
or other impediments that would prohibit the owner or
operator for the vessel from performing its obligations under
an operating agreement under this chapter.
``(3) Vessels owned and operated by a defense owner or
operator.--A vessel meets the requirements of this paragraph
if--
``(A) during the period of an operating agreement under
this chapter that applies to the vessel, the vessel will be
owned and operated by a person that--
``(i) is eligible to document a vessel under chapter 121 of
this title;
``(ii) operates or manages other vessels of the United
States for the Secretary of Defense, or charters other
vessels to the Secretary of Defense;
``(iii) has entered into a special security agreement for
the purpose of this paragraph with the Secretary of Defense;
[[Page H5469]]
``(iv) makes the certification described in paragraph
(2)(A)(ii)(III); and
``(v) in the case of a vessel described in paragraph
(2)(B), enters into an agreement referred to in that
subparagraph; and
``(B) the Secretary of Transportation and the Secretary of
Defense notify the Committee on Armed Services and the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Armed Services and the Committee
on Transportation and Infrastructure of the House of
Representatives that they concur with the certification
required under subparagraph (A)(iv), and have reviewed and
agree that there are no legal, operational, or other
impediments that would prohibit the owner or operator for the
vessel from performing its obligations under an operating
agreement under this chapter.
``(4) Vessels owned by documentation citizens and chartered
to section 50501 citizens.--A vessel meets the requirements
of this paragraph if, during the period of an operating
agreement under this chapter, the vessel will be--
``(A) owned by a person who is eligible to document a
vessel under chapter 121 of this title; and
``(B) demise chartered to a person that is a citizen of the
United States under section 50501 of this title.
``(d) Request by Secretary of Defense.--The Secretary of
Defense shall request that the Commandant of the Coast Guard
issue any waiver under section 501 of this title that the
Secretary of Defense determines is necessary for purposes of
this chapter.
``(e) Vessel Standards.--
``(1) Certificate of inspection.--A vessel used to provide
oceangoing transportation that the Commandant of the Coast
Guard determines meets the criteria of subsection (b) but
which, on the date of enactment of this section, is not
documented under chapter 121 of this title, shall be eligible
for a certificate of inspection if the Commandant of the
Coast Guard determines that--
``(A) the vessel is classed by and designed in accordance
with the rules of the American Bureau of Shipping, or another
classification society accepted by the Commandant of the
Coast Guard;
``(B) the vessel complies with applicable international
agreements and associated guidelines, as determined by the
country in which the vessel was documented immediately before
becoming documented under chapter 121 of this title; and
``(C) the country has not been identified by the Commandant
of the Coast Guard as inadequately enforcing international
vessel regulations as to that vessel.
``(2) Reliance on classification society.--
``(A) In general.--The Commandant of the Coast Guard may
rely on a certification from the American Bureau of Shipping
or, subject to subparagraph (B), another classification
society accepted by the Commandant of the Coast Guard, to
establish that a vessel is in compliance with the
requirements of paragraph (1).
``(B) Foreign classification society.--The Secretary may
accept certification from a foreign classification society
under subparagraph (A) only--
``(i) to the extent that the government of the foreign
country in which the society is headquartered provides access
on a reciprocal basis to the American Bureau of Shipping; and
``(ii) if the foreign classification society has offices
and maintains records in the United States.
``Sec. 70703. Vessel standards
``(a) Certificate of Inspection.--A vessel used to provide
transportation service as a common carrier that the Secretary
of Transportation determines meets the criteria of section
53102(b) of this title, which on the date of enactment of
this section is not a documented vessel (as that term is
defined in section 106 of this title), shall be eligible for
a certificate of inspection if the Secretary determines
that--
``(1) the vessel is classed by and designed in accordance
with the rules of the American Bureau of Shipping or another
classification society accepted by the Secretary;
``(2) the vessel complies with applicable international
agreements and associated guidelines, as determined by the
country in which the vessel was documented immediately before
becoming a documented vessel (as defined in that section);
and
``(3) that country has not been identified by the Secretary
as inadequately enforcing international vessel regulations as
to that vessel.
``(b) Continued Eligibility for Certificate.--Subsection
(a) does not apply to any vessel that has failed to comply
with the applicable international agreements and association
guidelines referred to in subsection (a)(2).
``(c) Reliance on Classification Society.--
``(1) In general.--The Secretary may rely on a
certification from the American Bureau of Shipping or,
subject to paragraph (2), another classification society
accepted by the Secretary, to establish that a vessel is in
compliance with the requirements of subsections (a) and (b).
``(2) Foreign classification society.--The Secretary may
accept certification from a foreign classification society
under paragraph (1) only--
``(A) to the extent that the government of the foreign
country in which the society is headquartered provides access
on a reciprocal basis to the American Bureau of Shipping; and
``(B) if the foreign classification society has offices and
maintains records in the United States.
``Sec. 70704. Award of operating agreements
``(a) In General.--The Secretary of Transportation shall
require, as a condition of including any vessel in the Fleet,
that the owner or operator of the vessel enter into an
operating agreement with the Secretary under this section.
``(b) Procedure for Applications.--
``(1) Participating fleet vessels.--
``(A) In general.--The Secretary of Transportation shall
accept an application for an operating agreement for a
participating Fleet vessel under the priority under paragraph
(2) only from a person that has authority to enter into an
operating agreement under this chapter.
``(B) Vessel under demise charter.--For purposes of
subparagraph (A), in the case of a vessel that is subject to
a demise charter that terminates by its own terms on
September 30, 2035 (without giving effect to any extension
provided therein for completion of a voyage or to effect the
actual redelivery of the vessel), or that is terminable at
the will of the owner of the vessel after such date, only the
owner of the vessel shall be treated as having the authority
referred to in subparagraph (A).
``(C) Vessel owned by a united states citizen trust.--For
purposes of subparagraph (B), in the case of a vessel owned
by a United States citizen trust, the term `owner of the
vessel' includes the beneficial owner of the vessel with
respect to such trust.
``(2) Discretion within priority.--The Secretary of
Transportation--
``(A) may award operating agreements under paragraph (1)
according to such priorities as the Secretary considers
appropriate; and
``(B) shall award operating agreements within any such
priority--
``(i) in accordance with operational requirements specified
by the Secretary of Defense;
``(ii) in the case of operating agreements awarded under
subparagraph (B) of paragraph (1), according to applicants'
records of owning and operating vessels; and
``(iii) subject to approval of the Secretary of Defense.
``(c) Limitation.--For any fiscal year, the Secretary may
not award operating agreements under this chapter that
require payments under section 70707 of this title for more
than 10 vessels.
``Sec. 70705. Effectiveness of operating agreements
``(a) In General.--Subject to the availability of
appropriations for such purpose, the Secretary of
Transportation may enter into an operating agreement under
this chapter for fiscal year 2021 and any subsequent fiscal
year. Each such agreement may be renewed annually for up to
seven years.
``(b) Vessels Under Charter to the United States.--The
owner or operator of a vessel under charter to the United
States is eligible to receive payments pursuant to any
operating agreement that covers such vessel.
``(c) Termination.--
``(1) Termination by secretary for lack of owner or
operator compliance.--If the owner or operator with respect
to an operating agreement materially fails to comply with the
terms of the agreement--
``(A) the Secretary shall notify the owner or operator and
provide a reasonable opportunity to comply with the operating
agreement; and
``(B) the Secretary shall terminate the operating agreement
if the owner or operator fails to achieve such compliance.
``(2) Termination by owner or operator.--
``(A) In general.--If an owner or operator provides notice
of the intent to terminate an operating agreement under this
chapter on a date specified by not later than 60 days prior
to such date, such agreement shall terminate on the date
specified by the owner or operator.
``(B) Replacement.--An operating agreement with respect to
a vessel shall terminate on the date that is three years
after the date on which the vessel begins operating under the
agreement, if--
``(i) the owner or operator notifies the Secretary, by not
later than two years after the date the vessel begins
operating under the agreement, that the owner or operator
intends to terminate the agreement under this subparagraph;
and
``(ii) the Secretary of Transportation, in coordination
with the Secretary of Defense, determines that--
``(I) an application for an operating agreement under this
chapter has been received for a replacement vessel that is
acceptable to the Secretaries; and
``(II) during the period of an operating agreement under
this chapter that applies to the replacement vessel, the
replacement vessel will be--
``(aa) owned and operated by one or more persons that are
citizens of the United States under section 50501 of this
title; or
``(bb) owned by a person who is eligible to document the
vessel under chapter 121 of this title, and operated by a
person that is a citizen of the United States under section
50501 of this title.
``(d) Nonrenewal for Lack of Funds.--
``(1) In general.--If sufficient funds are not made
available to carry out an operating agreement under this
chapter--
``(A) the Secretary of Transportation shall submit to the
Committee on Armed Services and the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Armed Services and the Committee on Transportation and
Infrastructure of the House of Representatives notice that
such agreement shall be not renewed effective on the 60th day
of the fiscal year, unless such funds are made available
before such day; and
``(B) effective on the 60th day of such fiscal year,
terminate such agreement and provide notice of such
termination to the owner or operator of the vessel covered by
the agreement.
``(2) Release of vessels from obligations.--If an operating
agreement for a vessel under this chapter is not renewed
pursuant to
[[Page H5470]]
paragraph (1), then the owner or operator of the vessel is
released from any further obligation under the operating
agreement as of the date of such termination or nonrenewal.
``(3) Foreign transfer and registration.--The owner or
operator of a vessel covered by an operating agreement under
this chapter may transfer and register such vessel under a
foreign registry that is acceptable to the Secretary and the
Secretary of Defense, notwithstanding section 70701 of this
title.
``(4) Requisition.--If chapter 563 of this title is
applicable to a vessel after registration, then the vessel is
available to be requisitioned by the Secretary pursuant to
chapter 563 of this title.
``Sec. 70706. Obligations and rights under operating
agreements
``(a) Operation of Vessel.--An operating agreement under
this chapter shall require that, during the period the vessel
covered by the agreement is operating under the agreement the
vessel shall--
``(1) be operated in the United States foreign commerce,
mixed United States foreign commerce and domestic trade
allowed under a registry endorsement issued under section
12111 of this title, foreign-to-foreign commerce, or under a
charter to the United States;
``(2) not be operated in the coastwise trade except as
described in paragraph (1); and
``(3) be documented under chapter 121 of this title.
``(b) Operating Agreement Is an Obligation of the United
States Government.--An operating agreement under this chapter
constitutes a contractual obligation of the United States
Government to pay the amounts provided for in the agreement
to the extent of actual appropriations.
``(c) Obligations of Owner or Operator.--
``(1) In general.--The owner or operator of a vessel
covered by an operating agreement under this chapter shall
agree, as a condition of such agreement, to remain obligated
to carry out the requirements described in paragraph (2)
until the termination date specified in the agreement, even
in the case of early termination of the agreement under
section 70705(c) of this title. This subsection shall not
apply in the case of an operating agreement terminated for
lack of funds under section 70705(d) of this title.
``(2) Requirements.--The requirements described in this
paragraph are the following:
``(A) To continue the documentation of the vessel under
chapter 121 of this title.
``(B) To be bound by the requirements of section 70708 of
this title.
``(C) That all terms and conditions of an emergency
preparedness agreement entered into under section 70708 of
this title shall remain in effect, except that the terms of
such emergency preparedness agreement may be modified by the
mutual consent of the owner or operator, the Secretary and
the Secretary of Defense as provided in such section.
``(d) Transfer of Operating Agreements.--The owner or
operator of a vessel covered by an operating agreement under
this chapter may transfer that agreement (including all
rights and obligations under the agreement) to any person
that is eligible to enter into that operating agreement under
this chapter, if the transfer is approved by the Secretary of
Transportation and the Secretary of Defense.
``(e) Replacement of Vessels Covered by Agreements.--A
owner or operator may replace a vessel covered by an
operating agreement with another vessel that is eligible to
be included in the Fleet under section 70702(b), if the
Secretary of Transportation, in coordination with the
Secretary of Defense, approves the replacement of the vessel.
In selecting a replacement vessel, the owner or operator
shall give primary consideration to--
``(1) the commercial viability of the vessel;
``(2) the utility of the vessel with respect to the
operating requirements of the owner or operator; and
``(3) ensuring that the commercial and military utility of
any replacement vessel is not less than that of the initial
vessel.
``Sec. 70707. Payments
``(a) Annual Payment.--Subject to the availability of
appropriations for such purpose and the other provisions of
this chapter, the Secretary shall pay to the owner or
operator of a vessel covered by an operating agreement under
this chapter an amount equal to $6,000,000 for each vessel
covered by the agreement for each fiscal year that the vessel
is covered by the agreement. Such amount shall be paid in
equal monthly installments on the last day of each month. The
amount payable under this subsection may not be reduced
except as provided by this section.
``(b) Certification Required for Payment.--As a condition
of receiving payment under this section for a fiscal year for
a vessel, the owner or operator for the vessel shall certify,
in accordance with regulations issued by the Secretary, that
the vessel has been and will be operated in accordance with
section 70706 of this title for at least 320 days during the
fiscal year. Days during which the vessel is drydocked,
surveyed, inspected, or repaired shall be considered days of
operation for purposes of this subsection.
``(c) General Limitations.--The Secretary may not make any
payment under this chapter for a vessel with respect to any
days for which the vessel is--
``(1) not operated or maintained in accordance with an
operating agreement under this chapter; or
``(2) more than 25 years of age.
``(d) Reductions in Payments.--With respect to payments
under this chapter for a vessel covered by an operating
agreement, the Secretary--
``(1) except as provided in paragraph (2), may not reduce
such a payment for the operation of the vessel to carry
military or other preference cargoes under section 55302(a),
55304, 55305, or 55314 of this title, section 2631 of title
10, or any other cargo preference law of the United States;
``(2) may not make such a payment for any day that the
vessel is engaged in transporting more than 7,500 tons of
civilian bulk preference cargoes pursuant to section
55302(a), 55305, or 55314 of this title, section 90l(a) or
(b) of the Merchant Marine Act, 1936 (46 App. U.S.C. 124l(a),
1241(b), or 1241(f)), that is bulk cargo; and
``(3) shall make a pro rata reduction for each day less
than 320 in a fiscal year that the vessel is not operated in
accordance with section 70706 of this title.
``(e) Limitations Regarding Noncontiguous Domestic Trade.--
``(1) In general.--No owner or operator shall receive
payments pursuant to this chapter during a period in which it
participates in noncontiguous domestic trade.
``(2) Limitation on application.--Paragraph (1) shall not
apply to a owner or operator that is a citizen of the United
States within the meaning of section 50501 of this title,
applying the 75 percent ownership requirement of that
section.
``(3) Participates in a noncontiguous trade defined.--In
this subsection the term `participates in a noncontiguous
domestic trade' means directly or indirectly owns, charters,
or operates a vessel engaged in transportation of cargo
between a point in the contiguous 48 States and a point in
Alaska, Hawaii, or Puerto Rico, other than a point in Alaska
north of the Arctic Circle.
``Sec. 70708. National security requirements
``(a) Emergency Preparedness Agreement Required.--The
Secretary of Transportation, in coordination with the
Secretary of Defense, shall establish an emergency
preparedness program under this section under which the owner
or operator of a vessel covered by an operating agreement
under this chapter shall agree, as a condition of the
operating agreement, to enter into an emergency preparedness
agreement with the Secretaries. Each such emergency
preparedness agreement shall be entered into as promptly as
practicable after the owner or operator has entered into the
operating agreement.
``(b) Terms of Agreement.--The terms of an agreement under
this section--
``(1) shall provide that upon request by the Secretary of
Defense during time of war or national emergency, or whenever
determined by the Secretary of Defense to be necessary for
national security or contingency operation (as that term is
defined in section 101 of title 10), the owner or operator
shall make available commercial transportation resources
(including services) described in subsection (d) to the
Secretary of Defense;
``(2) shall include such additional terms as may be
established by the Secretary of Transportation and the
Secretary of Defense; and
``(3) shall allow for the modification or addition of terms
upon agreement by the Secretary of Transportation and the
owner or operator and the approval by the Secretary of
Defense.
``(c) Participation After Expiration of Operating
Agreement.--Except as provided by section 70706 of this
title, the Secretary may not require, through an emergency
preparedness agreement or an operating agreement, that an
owner or operator of a vessel covered by an operating
agreement continue to participate in an emergency
preparedness agreement after the operating agreement has
expired according to its terms or is otherwise no longer in
effect. After the expiration of an emergency preparedness
agreement, a owner or operator may voluntarily continue to
participate in the agreement.
``(d) Resources Made Available.--The commercial
transportation resources to be made available under an
emergency preparedness agreement shall include vessels or
capacity in vessels, terminal facilities, management
services, and other related services, or any agreed portion
of such nonvessel resources for activation as the Secretary
of Defense may determine to be necessary, seeking to minimize
disruption of the owner or operator's service to commercial
customers.
``(e) Compensation.--
``(1) In general.--Each emergency preparedness agreement
under this section shall provide that the Secretary of
Defense shall pay fair and reasonable compensation for all
commercial transportation resources provided pursuant to this
section.
``(2) Specific requirements.--Compensation under this
subsection--
``(A) shall not be less than the owner or operator's
commercial market charges for like transportation resources;
``(B) shall be fair and reasonable considering all
circumstances;
``(C) shall be provided from the time that a vessel or
resource is required by the Secretary of Defense until the
time it is redelivered to the owner or operator and is
available to reenter commercial service; and
``(D) shall be in addition to and shall not in any way
reflect amounts payable under section 70707 of this title.
``(f) Temporary Replacement Vessels.--Notwithstanding
section 55302(a), 55304, 55305, or 55314 of this title,
section 2631 of title 10, or any other cargo preference law
of the United States--
``(1) an owner or operator may operate or employ in foreign
commerce a foreign-flag vessel or foreign-flag vessel
capacity as a temporary replacement for a vessel of the
United States or vessel of the United States capacity that is
activated by the Secretary of Defense under an emergency
preparedness agreement or a primary Department of Defense
sealift readiness program; and
``(2) such replacement vessel or vessel capacity shall be
eligible during the replacement period to transport
preference cargoes subject to sections 55302(a), 55304,
55305, and 55314 of this
[[Page H5471]]
title and section 2631 of title 10 to the same extent as the
eligibility of the vessel or vessel capacity replaced.
``(g) Redelivery and Liability of the United States for
Damages.--
``(1) In general.--All commercial transportation resources
activated under an emergency preparedness agreement shall,
upon termination of the period of activation, be redelivered
to the owner or operator in the same good order and condition
as when received, less ordinary wear and tear, or the
Secretary of Defense shall fully compensate the owner or
operator for any necessary repair or replacement.
``(2) Limitation on united states liability.--Except as may
be expressly agreed in an emergency preparedness agreement,
or as otherwise provided by law, the Government shall not be
liable for disruption of an owner or operator's commercial
business or other consequential damages to an owner or
operator arising from the activation of commercial
transportation resources under an emergency preparedness
agreement.
``Sec. 70709. Regulatory relief
``(a) Operation in Foreign Commerce.--An owner or operator
for a vessel included in an operating agreement under this
chapter may operate the vessel in the foreign commerce of the
United States without restriction.
``(b) Other Restrictions.--The restrictions of section
55305(a) of this title concerning the building, rebuilding,
or documentation of a vessel in a foreign country shall not
apply to a vessel for any day the operator of the vessel is
receiving payments for the operation of that vessel under an
operating agreement under this chapter.
``(c) Telecommunications Equipment.--The telecommunications
and other electronic equipment on an existing vessel that is
redocumented under the laws of the United States for
operation under an operating agreement under this chapter
shall be deemed to satisfy all Federal Communications
Commission equipment certification requirements, if--
``(1) such equipment complies with all applicable
international agreements and associated guidelines as
determined by the country in which the vessel was documented
immediately before becoming documented under the laws of the
United States;
``(2) that country has not been identified by the Secretary
as inadequately enforcing international regulations as to
that vessel; and
``(3) at the end of its useful life, such equipment shall
be replaced with equipment that meets Federal Communications
Commission equipment certification standards.
``Sec. 70710. Special rule regarding age of participating
Fleet vessels
``Any age restriction under section 70702(b)(4) of this
title shall not apply to a participating Fleet vessel during
the 30-month period beginning on the date the vessel begins
operating under an operating agreement under this chapter, if
the Secretary of Transportation determines that the owner or
operator of the vessel has entered into an arrangement to
obtain and operate under the operating agreement for the
participating Fleet vessel a replacement vessel that, upon
commencement of such operation, will be eligible to be
included in the Fleet under section 70702(b) of this title.
``Sec. 70711. Regulations
``The Secretary of Transportation and the Secretary of
Defense may each prescribe rules as necessary to carry out
their respective responsibilities under this chapter.
``Sec. 70712. Authorization of appropriations
``There is authorized to be appropriated for payments under
section 70707, $60,000,000 for each of fiscal years 2021
through 2035, to remain available until expended.
``Sec. 70713. Acquisition of Fleet vessels
``(a) In General.--Upon replacement of a Fleet Vessel under
an operating agreement under this chapter, and subject to
agreement by the owner or operator of the vessel, the
Secretary of Transportation is authorized, subject to the
concurrence of the Secretary of Defense, to acquire the
vessel being replaced for inclusion in the National Defense
Reserve Fleet.
``(b) Requirements.--To be eligible for acquisition by the
Secretary of Transportation under this section a vessel
shall--
``(1) have been covered by an operating agreement under
this chapter for not less than three years; and
``(2) meet recapitalization requirements for the Ready
Reserve Force.
``(c) Fair Market Value.--A fair market value shall be
established by the Maritime Administration for acquisition of
an eligible vessel under this section.
``(d) Appropriations.--Vessel acquisitions under this
section shall be subject to the availability of
appropriations. Amounts made available to carry out this
section shall be derived from amounts authorized to be
appropriated for the National Defense Reserve Fleet. Amounts
authorized to be appropriated to carry out the Maritime
Security Program may not be use to carry out this section.''.
(b) Clerical Amendment.--The table of chapters for subtitle
VII of title 46, United States Code, is amended by adding at
the end the following:
``707. Tanker Security Fleet...............................70701''.....
(c) Deadline for Accepting Applications.--
(1) In general.--The Secretary of Transportation shall
begin accepting applications for enrollment of vessels in the
Tanker Security Fleet established under chapter 707 of title
46, United States Code, as added by subsection (a), by not
later than 30 days after the date of the enactment of this
Act.
(2) Approval.--Not later than 90 days after receipt of an
application for the enrollment of a vessel in the Tanker
Security Fleet, the Secretary, in coordination with the
Secretary of Defense shall--
(A) approve the application and enter into an operating
agreement with the applicant; or
(B) provide to the applicant a written explanation for the
denial of the application.
DIVISION D--FUNDING TABLES
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
(a) In General.--Whenever a funding table in this division
specifies a dollar amount authorized for a project, program,
or activity, the obligation and expenditure of the specified
dollar amount for the project, program, or activity is hereby
authorized, subject to the availability of appropriations.
(b) Merit-based Decisions.--A decision to commit, obligate,
or expend funds with or to a specific entity on the basis of
a dollar amount authorized pursuant to subsection (a) shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive
procedures; and
(2) comply with other applicable provisions of law.
(c) Relationship to Transfer and Programming Authority.--An
amount specified in the funding tables in this division may
be transferred or reprogrammed under a transfer or
reprogramming authority provided by another provision of this
Act or by other law. The transfer or reprogramming of an
amount specified in such funding tables shall not count
against a ceiling on such transfers or reprogrammings under
section 1001 or section 1512 of this Act or any other
provision of law, unless such transfer or reprogramming would
move funds between appropriation accounts.
(d) Applicability to Classified Annex.--This section
applies to any classified annex that accompanies this Act.
(e) Oral and Written Communications.--No oral or written
communication concerning any amount specified in the funding
tables in this division shall supersede the requirements of
this section.
TITLE XLI--PROCUREMENT
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 House
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
002 UTILITY F/W AIRCRAFT. 16,000 0
Early to need..... [-16,000]
004 RQ-11 (RAVEN)........ 23,510 21,510
Unit cost growth.. [-2,000]
ROTARY
005 TACTICAL UNMANNED 12,100 12,100
AIRCRAFT SYSTEM
(TUAS).
007 HELICOPTER, LIGHT 11,000
UTILITY (LUH).
Program increase [11,000]
for sustainment
improvements.
008 AH-64 APACHE BLOCK 806,849 786,009
IIIA REMAN.
Unjustified cost [-20,840]
growth.
009 AH-64 APACHE BLOCK 190,870 174,970
IIIA REMAN.
Unjustified cost [-15,900]
growth.
012 UH-60 BLACKHAWK M 1,411,540 1,411,540
MODEL (MYP).
013 UH-60 BLACKHAWK M 79,572 79,572
MODEL (MYP).
014 UH-60 BLACK HAWK L 169,290 169,290
AND V MODELS.
015 CH-47 HELICOPTER..... 140,290 131,290
Unit cost growth.. [-9,000]
016 CH-47 HELICOPTER..... 18,186 46,186
[[Page H5472]]
Advanced [28,000]
procurement for
CH-47F Block II.
MODIFICATION OF
AIRCRAFT
019 UNIVERSAL GROUND 2,090 2,090
CONTROL EQUIPMENT
(UAS).
020 GRAY EAGLE MODS2..... 14,699 14,699
021 MULTI SENSOR ABN 35,189 35,189
RECON (MIP).
022 AH-64 MODS........... 58,172 58,172
023 CH-47 CARGO 11,785 6,785
HELICOPTER MODS
(MYP).
Unobligated [-5,000]
balances.
024 GRCS SEMA MODS (MIP). 5,677 5,677
025 ARL SEMA MODS (MIP).. 6,566 6,566
026 EMARSS SEMA MODS 3,859 3,859
(MIP).
027 UTILITY/CARGO 15,476 13,476
AIRPLANE MODS.
Unit cost [-2,000]
discrepancy.
028 UTILITY HELICOPTER 6,744 6,744
MODS.
029 NETWORK AND MISSION 105,442 98,442
PLAN.
Cost growth....... [-7,000]
030 COMMS, NAV 164,315 164,315
SURVEILLANCE.
032 GATM ROLLUP.......... 30,966 30,966
033 RQ-7 UAV MODS........ 8,983 38,983
Program increase.. [30,000]
034 UAS MODS............. 10,205 10,205
GROUND SUPPORT
AVIONICS
035 AIRCRAFT 52,297 52,297
SURVIVABILITY
EQUIPMENT.
036 SURVIVABILITY CM..... 8,388 8,388
037 CMWS................. 13,999 13,999
038 COMMON INFRARED 168,784 168,784
COUNTERMEASURES
(CIRCM).
OTHER SUPPORT
039 AVIONICS SUPPORT 1,777 1,777
EQUIPMENT.
040 COMMON GROUND 18,624 18,624
EQUIPMENT.
041 AIRCREW INTEGRATED 48,255 48,255
SYSTEMS.
042 AIR TRAFFIC CONTROL.. 32,738 32,738
044 LAUNCHER, 2.75 ROCKET 2,201 2,201
045 LAUNCHER GUIDED 991 991
MISSILE: LONGBOW
HELLFIRE XM2.
TOTAL AIRCRAFT 3,696,429 3,687,689
PROCUREMENT, ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
001 SYSTEM INTEGRATION 113,857 113,857
AND TEST PROCUREMENT.
002 M-SHORAD--PROCUREMENT 103,800 56,800
Early to need..... [-47,000]
003 MSE MISSILE.......... 698,603 698,603
004 INDIRECT FIRE 9,337 9,337
PROTECTION
CAPABILITY INC 2-I.
AIR-TO-SURFACE
MISSILE SYSTEM
006 HELLFIRE SYS SUMMARY. 193,284 173,284
Unit cost growth.. [-20,000]
007 JOINT AIR-TO-GROUND 233,353 198,353
MSLS (JAGM).
Contract and [-35,000]
schedule delays.
ANTI-TANK/ASSAULT
MISSILE SYS
008 JAVELIN (AAWS-M) 138,405 138,405
SYSTEM SUMMARY.
009 TOW 2 SYSTEM SUMMARY. 114,340 110,340
Unit cost growth.. [-4,000]
010 TOW 2 SYSTEM SUMMARY. 10,500 10,500
011 GUIDED MLRS ROCKET 797,213 767,213
(GMLRS).
Program adjustment [-30,000]
012 MLRS REDUCED RANGE 27,555 27,555
PRACTICE ROCKETS
(RRPR).
014 ARMY TACTICAL MSL SYS 209,842 184,842
(ATACMS)--SYS SUM.
Excess to need.... [-25,000]
MODIFICATIONS
016 PATRIOT MODS......... 279,464 279,464
017 ATACMS MODS.......... 85,320 80,320
Unit cost growth.. [-5,000]
018 GMLRS MOD............ 5,094 5,094
019 STINGER MODS......... 81,615 81,615
020 AVENGER MODS......... 14,107 14,107
021 ITAS/TOW MODS........ 3,469 3,469
022 MLRS MODS............ 39,019 39,019
023 HIMARS MODIFICATIONS. 12,483 12,483
SPARES AND REPAIR
PARTS
024 SPARES AND REPAIR 26,444 26,444
PARTS.
SUPPORT EQUIPMENT &
FACILITIES
025 AIR DEFENSE TARGETS.. 10,593 10,593
TOTAL MISSILE 3,207,697 3,041,697
PROCUREMENT, ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT
VEHICLES
002 ARMORED MULTI PURPOSE 264,040 259,040
VEHICLE (AMPV).
Unit cost [-5,000]
discrepancy.
MODIFICATION OF
TRACKED COMBAT
VEHICLES
003 STRYKER (MOD)........ 144,387 393,587
Accelerate Stryker [249,200]
medium caliber
weapon system--
Army unfunded
priority.
004 STRYKER UPGRADE...... 550,000 550,000
005 BRADLEY PROGRAM (MOD) 638,781 573,781
[[Page H5473]]
Program delay..... [-65,000]
006 M109 FOV 25,756 25,756
MODIFICATIONS.
007 PALADIN INTEGRATED 553,425 553,425
MANAGEMENT (PIM).
009 ASSAULT BRIDGE (MOD). 2,821 2,821
010 ASSAULT BREACHER 31,697 31,697
VEHICLE.
011 M88 FOV MODS......... 4,500 4,500
012 JOINT ASSAULT BRIDGE. 205,517 205,517
013 M1 ABRAMS TANK (MOD). 348,800 408,800
Vehicle protection [60,000]
system for one
armored brigade.
014 ABRAMS UPGRADE 1,752,784 1,752,784
PROGRAM.
WEAPONS & OTHER
COMBAT VEHICLES
016 MULTI-ROLE ANTI-ARMOR 19,420 19,420
ANTI-PERSONNEL
WEAPON S.
017 GUN AUTOMATIC 30MM 20,000 20,000
M230.
019 MORTAR SYSTEMS....... 14,907 14,907
020 XM320 GRENADE 191 191
LAUNCHER MODULE
(GLM).
021 PRECISION SNIPER 7,977 7,977
RIFLE.
022 COMPACT SEMI- 9,860 9,860
AUTOMATIC SNIPER
SYSTEM.
023 CARBINE.............. 30,331 30,331
024 SMALL ARMS--FIRE 8,060 60
CONTROL.
Late contract [-8,000]
award.
025 COMMON REMOTELY 24,007 24,007
OPERATED WEAPONS
STATION.
026 HANDGUN.............. 6,174 6,174
MOD OF WEAPONS AND
OTHER COMBAT VEH
028 MK-19 GRENADE MACHINE 3,737 3,737
GUN MODS.
029 M777 MODS............ 2,367 2,367
030 M4 CARBINE MODS...... 17,595 17,595
033 M240 MEDIUM MACHINE 8,000 8,000
GUN MODS.
034 SNIPER RIFLES 2,426 2,426
MODIFICATIONS.
035 M119 MODIFICATIONS... 6,269 6,269
036 MORTAR MODIFICATION.. 1,693 1,693
037 MODIFICATIONS LESS 4,327 4,327
THAN $5.0M (WOCV-
WTCV).
SUPPORT EQUIPMENT &
FACILITIES
038 ITEMS LESS THAN $5.0M 3,066 3,066
(WOCV-WTCV).
039 PRODUCTION BASE 2,651 2,651
SUPPORT (WOCV-WTCV).
TOTAL PROCUREMENT OF 4,715,566 4,946,766
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 68,949 63,949
TYPES.
Prior-year [-5,000]
carryover.
002 CTG, 7.62MM, ALL 114,228 111,228
TYPES.
Prior-year [-3,000]
carryover.
003 CTG, HANDGUN, ALL 17,807 12,807
TYPES.
Program adjustment [-5,000]
004 CTG, .50 CAL, ALL 63,966 63,966
TYPES.
005 CTG, 20MM, ALL TYPES. 35,920 27,920
Unit cost growth.. [-8,000]
006 CTG, 25MM, ALL TYPES. 8,990 8,990
007 CTG, 30MM, ALL TYPES. 68,813 57,229
Prior-year carry [-1,134]
over.
Program adjustment [-10,450]
008 CTG, 40MM, ALL TYPES. 103,952 103,952
MORTAR AMMUNITION
009 60MM MORTAR, ALL 50,580 49,580
TYPES.
Unit cost [-1,000]
discrepancy.
010 81MM MORTAR, ALL 59,373 44,673
TYPES.
Contract delays... [-14,700]
011 120MM MORTAR, ALL 125,452 123,452
TYPES.
Unit cost growth.. [-2,000]
TANK AMMUNITION
012 CARTRIDGES, TANK, 171,284 113,084
105MM AND 120MM, ALL
TYPES.
Unit cost growth.. [-58,200]
ARTILLERY AMMUNITION
013 ARTILLERY CARTRIDGES, 44,675 44,675
75MM & 105MM, ALL
TYPES.
014 ARTILLERY PROJECTILE, 266,037 266,037
155MM, ALL TYPES.
015 PROJ 155MM EXTENDED 57,434 57,434
RANGE M982.
016 ARTILLERY 271,602 265,602
PROPELLANTS, FUZES
AND PRIMERS, ALL.
Cost growth and [-6,000]
unjustified
product
improvements.
MINES
017 MINES & CLEARING 55,433 39,433
CHARGES, ALL TYPES.
Contract delay.... [-16,000]
ROCKETS
018 SHOULDER LAUNCHED 74,878 74,878
MUNITIONS, ALL TYPES.
019 ROCKET, HYDRA 70, ALL 175,994 165,994
TYPES.
Excess support [-10,000]
costs.
OTHER AMMUNITION
020 CAD/PAD, ALL TYPES... 7,595 7,595
021 DEMOLITION MUNITIONS, 51,651 51,651
ALL TYPES.
022 GRENADES, ALL TYPES.. 40,592 40,592
023 SIGNALS, ALL TYPES... 18,609 18,609
024 SIMULATORS, ALL TYPES 16,054 16,054
MISCELLANEOUS
[[Page H5474]]
025 AMMO COMPONENTS, ALL 5,261 5,261
TYPES.
026 NON-LETHAL 715 715
AMMUNITION, ALL
TYPES.
027 ITEMS LESS THAN $5 9,213 9,213
MILLION (AMMO).
028 AMMUNITION PECULIAR 10,044 10,044
EQUIPMENT.
029 FIRST DESTINATION 18,492 18,492
TRANSPORTATION
(AMMO).
030 CLOSEOUT LIABILITIES. 99 99
PRODUCTION BASE
SUPPORT
031 INDUSTRIAL FACILITIES 474,511 474,511
032 CONVENTIONAL 202,512 202,512
MUNITIONS
DEMILITARIZATION.
033 ARMS INITIATIVE...... 3,833 3,833
TOTAL PROCUREMENT OF 2,694,548 2,554,064
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
001 TACTICAL TRAILERS/ 12,993 12,993
DOLLY SETS.
002 SEMITRAILERS, 102,386 102,386
FLATBED:.
003 AMBULANCE, 4 LITTER, 127,271 127,271
5/4 TON, 4X4.
004 GROUND MOBILITY 37,038 35,038
VEHICLES (GMV).
Unit cost growth.. [-2,000]
006 JOINT LIGHT TACTICAL 996,007 976,507
VEHICLE.
Army requested [-4,500]
transfer to RDTE,
A line 169.
Simulator delay... [-15,000]
007 TRUCK, DUMP, 20T 10,838 10,838
(CCE).
008 FAMILY OF MEDIUM 72,057 138,057
TACTICAL VEH (FMTV).
Program increase.. [66,000]
009 FIRETRUCKS & 28,048 28,048
ASSOCIATED
FIREFIGHTING EQUIP.
010 FAMILY OF HEAVY 9,969 9,969
TACTICAL VEHICLES
(FHTV).
011 PLS ESP.............. 6,280 6,280
012 HVY EXPANDED MOBILE 30,841 131,841
TACTICAL TRUCK EXT
SERV.
Program increase.. [101,000]
013 HMMWV 5,734 5,734
RECAPITALIZATION
PROGRAM.
014 TACTICAL WHEELED 45,113 45,113
VEHICLE PROTECTION
KITS.
015 MODIFICATION OF IN 58,946 58,946
SVC EQUIP.
NON-TACTICAL VEHICLES
017 HEAVY ARMORED VEHICLE 791 791
018 PASSENGER CARRYING 1,416 1,416
VEHICLES.
019 NONTACTICAL VEHICLES, 29,891 29,891
OTHER.
COMM--JOINT
COMMUNICATIONS
021 SIGNAL MODERNIZATION 153,933 148,933
PROGRAM.
Excess funding for [-5,000]
spares.
022 TACTICAL NETWORK 387,439 411,439
TECHNOLOGY MOD IN
SVC.
ITN-M for one [24,000]
armored brigade
combat team.
023 SITUATION INFORMATION 46,693 46,693
TRANSPORT.
025 JCSE EQUIPMENT 5,075 5,075
(USRDECOM).
COMM--SATELLITE
COMMUNICATIONS
028 DEFENSE ENTERPRISE 101,189 101,189
WIDEBAND SATCOM
SYSTEMS.
029 TRANSPORTABLE 77,141 77,141
TACTICAL COMMAND
COMMUNICATIONS.
030 SHF TERM............. 16,054 16,054
031 ASSURED POSITIONING, 41,074 24,914
NAVIGATION AND
TIMING.
Contract delays... [-28,760]
Program [-7,400]
cancellation.
Program increase.. [20,000]
032 SMART-T (SPACE)...... 10,515 10,515
033 GLOBAL BRDCST SVC-- 11,800 11,800
GBS.
034 ENROUTE MISSION 8,609 8,609
COMMAND (EMC).
COMM--C3 SYSTEM
038 COE TACTICAL SERVER 77,533 77,533
INFRASTRUCTURE (TSI).
COMM--COMBAT
COMMUNICATIONS
039 HANDHELD MANPACK 468,026 468,026
SMALL FORM FIT (HMS).
Program delay..... [-25,000]
SFAB technology [25,000]
refresh.
040 RADIO TERMINAL SET, 23,778 23,778
MIDS LVT(2).
044 SPIDER FAMILY OF 10,930 10,930
NETWORKED MUNITIONS
INCR.
046 UNIFIED COMMAND SUITE 9,291 8,291
Excess program [-1,000]
management costs.
047 COTS COMMUNICATIONS 55,630 55,630
EQUIPMENT.
048 FAMILY OF MED COMM 16,590 16,590
FOR COMBAT CASUALTY
CARE.
049 ARMY COMMUNICATIONS & 43,457 43,457
ELECTRONICS.
COMM--INTELLIGENCE
COMM
051 CI AUTOMATION 10,470 10,470
ARCHITECTURE (MIP).
052 DEFENSE MILITARY 3,704 3,704
DECEPTION INITIATIVE.
INFORMATION SECURITY
053 FAMILY OF BIOMETRICS. 1,000 1,000
054 INFORMATION SYSTEM 3,600 3,600
SECURITY PROGRAM-
ISSP.
055 COMMUNICATIONS 160,899 141,899
SECURITY (COMSEC).
Unit cost growth.. [-19,000]
056 DEFENSIVE CYBER 61,962 61,962
OPERATIONS.
057 INSIDER THREAT 756 756
PROGRAM--UNIT
ACTIVITY MONITO.
058 PERSISTENT CYBER 3,000 3,000
TRAINING ENVIRONMENT.
COMM--LONG HAUL
COMMUNICATIONS
059 BASE SUPPORT 31,770 26,770
COMMUNICATIONS.
Insufficient [-5,000]
budget
justification.
[[Page H5475]]
COMM--BASE
COMMUNICATIONS
060 INFORMATION SYSTEMS.. 159,009 139,009
Unjustified growth [-15,000]
Unjustified growth [-5,000]
in SRM HW.
061 EMERGENCY MANAGEMENT 4,854 4,854
MODERNIZATION
PROGRAM.
062 HOME STATION MISSION 47,174 47,174
COMMAND CENTERS
(HSMCC).
063 INSTALLATION INFO 297,994 247,994
INFRASTRUCTURE MOD
PROGRAM.
Insufficient [-50,000]
budget
justification.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
066 JTT/CIBS-M (MIP)..... 7,686 7,686
068 DCGS-A (MIP)......... 180,350 180,350
070 TROJAN (MIP)......... 17,368 17,368
071 MOD OF IN-SVC EQUIP 59,052 59,052
(INTEL SPT) (MIP).
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
077 LIGHTWEIGHT COUNTER 5,400 5,400
MORTAR RADAR.
078 EW PLANNING & 7,568 7,568
MANAGEMENT TOOLS
(EWPMT).
079 AIR VIGILANCE (AV) 8,953 8,953
(MIP).
081 MULTI-FUNCTION 6,420 6,420
ELECTRONIC WARFARE
(MFEW) SYST.
083 COUNTERINTELLIGENCE/ 501 501
SECURITY
COUNTERMEASURES.
084 CI MODERNIZATION 121 121
(MIP).
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
085 SENTINEL MODS........ 115,210 114,210
Excess support [-1,000]
costs.
086 NIGHT VISION DEVICES. 236,604 160,604
Insufficient [-76,000]
justification
(IVAS).
088 SMALL TACTICAL 22,623 22,623
OPTICAL RIFLE
MOUNTED MLRF.
090 INDIRECT FIRE 29,127 29,127
PROTECTION FAMILY OF
SYSTEMS.
091 FAMILY OF WEAPON 120,883 81,541
SIGHTS (FWS).
Excess unit cost [-39,342]
growth.
094 JOINT BATTLE COMMAND-- 265,667 240,167
PLATFORM (JBC-P).
Program adjustment [-25,500]
095 JOINT EFFECTS 69,720 44,720
TARGETING SYSTEM
(JETS).
Program delay..... [-25,000]
096 MOD OF IN-SVC EQUIP 6,044 6,044
(LLDR).
097 COMPUTER BALLISTICS: 3,268 3,268
LHMBC XM32.
098 MORTAR FIRE CONTROL 13,199 13,199
SYSTEM.
099 MORTAR FIRE CONTROL 10,000 10,000
SYSTEMS
MODIFICATIONS.
100 COUNTERFIRE RADARS... 16,416 16,416
ELECT EQUIP--TACTICAL
C2 SYSTEMS
102 FIRE SUPPORT C2 13,197 13,197
FAMILY.
103 AIR & MSL DEFENSE 24,730 24,730
PLANNING & CONTROL
SYS.
104 IAMD BATTLE COMMAND 29,629 29,629
SYSTEM.
105 LIFE CYCLE SOFTWARE 6,774 6,774
SUPPORT (LCSS).
106 NETWORK MANAGEMENT 24,448 24,448
INITIALIZATION AND
SERVICE.
107 MANEUVER CONTROL 260 260
SYSTEM (MCS).
108 GLOBAL COMBAT SUPPORT 17,962 17,962
SYSTEM-ARMY (GCSS-A).
109 INTEGRATED PERSONNEL 18,674 18,674
AND PAY SYSTEM-ARMY
(IPP.
110 RECONNAISSANCE AND 11,000 11,000
SURVEYING INSTRUMENT
SET.
111 MOD OF IN-SVC 7,317 15,317
EQUIPMENT (ENFIRE).
Program increase-- [8,000]
land surveying
systems.
ELECT EQUIP--
AUTOMATION
112 ARMY TRAINING 14,578 14,578
MODERNIZATION.
113 AUTOMATED DATA 139,342 129,342
PROCESSING EQUIP.
Program decrease.. [-5,000]
Unjustified growth [-5,000]
114 GENERAL FUND 15,802 15,802
ENTERPRISE BUSINESS
SYSTEMS FAM.
115 HIGH PERF COMPUTING 67,610 67,610
MOD PGM (HPCMP).
116 CONTRACT WRITING 15,000 15,000
SYSTEM.
117 CSS COMMUNICATIONS... 24,700 24,700
118 RESERVE COMPONENT 27,879 27,879
AUTOMATION SYS
(RCAS).
ELECT EQUIP--AUDIO
VISUAL SYS (A/V)
120 ITEMS LESS THAN $5M 5,000 5,000
(SURVEYING
EQUIPMENT).
ELECT EQUIP--SUPPORT
122 BCT EMERGING 22,302 22,302
TECHNOLOGIES.
CLASSIFIED PROGRAMS
122A CLASSIFIED PROGRAMS.. 11,910 11,910
CHEMICAL DEFENSIVE
EQUIPMENT
126 CBRN DEFENSE......... 25,828 25,828
127 SMOKE & OBSCURANT 5,050 5,050
FAMILY: SOF (NON AAO
ITEM).
BRIDGING EQUIPMENT
128 TACTICAL BRIDGING.... 59,821 57,821
Contract delays... [-2,000]
129 TACTICAL BRIDGE, 57,661 57,661
FLOAT-RIBBON.
130 BRIDGE SUPPLEMENTAL 17,966 17,966
SET.
131 COMMON BRIDGE 43,155 43,155
TRANSPORTER (CBT)
RECAP.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
132 HANDHELD STANDOFF 7,570 7,570
MINEFIELD DETECTION
SYS-HST.
133 GRND STANDOFF MINE 37,025 37,025
DETECTN SYSM
(GSTAMIDS).
135 HUSKY MOUNTED 83,082 54,082
DETECTION SYSTEM
(HMDS).
Unjustified unit [-29,000]
cost growth.
136 ROBOTIC COMBAT 2,000 2,000
SUPPORT SYSTEM
(RCSS).
137 EOD ROBOTICS SYSTEMS 23,115 23,115
RECAPITALIZATION.
[[Page H5476]]
138 ROBOTICS AND APPLIQUE 101,056 101,056
SYSTEMS.
140 RENDER SAFE SETS KITS 18,684 18,684
OUTFITS.
142 FAMILY OF BOATS AND 8,245 6,245
MOTORS.
Unit cost growth.. [-2,000]
COMBAT SERVICE
SUPPORT EQUIPMENT
143 HEATERS AND ECU'S.... 7,336 7,336
145 PERSONNEL RECOVERY 4,281 4,281
SUPPORT SYSTEM
(PRSS).
146 GROUND SOLDIER SYSTEM 111,955 111,955
147 MOBILE SOLDIER POWER. 31,364 29,364
Unit cost growth.. [-2,000]
149 FIELD FEEDING 1,673 1,673
EQUIPMENT.
150 CARGO AERIAL DEL & 43,622 43,622
PERSONNEL PARACHUTE
SYSTEM.
151 FAMILY OF ENGR COMBAT 11,451 11,451
AND CONSTRUCTION
SETS.
152 ITEMS LESS THAN $5M 5,167 5,167
(ENG SPT).
PETROLEUM EQUIPMENT
154 DISTRIBUTION SYSTEMS, 74,867 74,867
PETROLEUM & WATER.
MEDICAL EQUIPMENT
155 COMBAT SUPPORT 68,225 68,225
MEDICAL.
MAINTENANCE EQUIPMENT
156 MOBILE MAINTENANCE 55,053 55,053
EQUIPMENT SYSTEMS.
157 ITEMS LESS THAN $5.0M 5,608 5,608
(MAINT EQ).
CONSTRUCTION
EQUIPMENT
161 HYDRAULIC EXCAVATOR.. 500 500
162 TRACTOR, FULL TRACKED 4,835 4,835
163 ALL TERRAIN CRANES... 23,936 23,936
164 HIGH MOBILITY 27,188 27,188
ENGINEER EXCAVATOR
(HMEE).
166 CONST EQUIP ESP...... 34,790 34,790
167 ITEMS LESS THAN $5.0M 4,381 4,381
(CONST EQUIP).
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
168 ARMY WATERCRAFT ESP.. 35,194 35,194
169 MANEUVER SUPPORT 14,185 14,185
VESSEL (MSV).
170 ITEMS LESS THAN $5.0M 6,920 6,920
(FLOAT/RAIL).
GENERATORS
171 GENERATORS AND 58,566 58,566
ASSOCIATED EQUIP.
172 TACTICAL ELECTRIC 14,814 14,814
POWER
RECAPITALIZATION.
MATERIAL HANDLING
EQUIPMENT
173 FAMILY OF FORKLIFTS.. 14,864 14,864
TRAINING EQUIPMENT
174 COMBAT TRAINING 123,411 123,411
CENTERS SUPPORT.
175 TRAINING DEVICES, 220,707 220,707
NONSYSTEM.
176 SYNTHETIC TRAINING 20,749 15,749
ENVIRONMENT (STE).
Program adjustment [-5,000]
178 AVIATION COMBINED 4,840 4,840
ARMS TACTICAL
TRAINER.
179 GAMING TECHNOLOGY IN 15,463 15,463
SUPPORT OF ARMY
TRAINING.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
180 CALIBRATION SETS 3,030 3,030
EQUIPMENT.
181 INTEGRATED FAMILY OF 76,980 76,980
TEST EQUIPMENT
(IFTE).
182 TEST EQUIPMENT 16,415 13,415
MODERNIZATION
(TEMOD).
Historical [-3,000]
underexecution.
OTHER SUPPORT
EQUIPMENT
184 RAPID EQUIPPING 9,877 9,877
SOLDIER SUPPORT
EQUIPMENT.
185 PHYSICAL SECURITY 82,158 82,158
SYSTEMS (OPA3).
186 BASE LEVEL COMMON 15,340 15,340
EQUIPMENT.
187 MODIFICATION OF IN- 50,458 50,458
SVC EQUIPMENT (OPA-
3).
189 BUILDING, PRE-FAB, 14,400 14,400
RELOCATABLE.
190 SPECIAL EQUIPMENT FOR 9,821 9,821
USER TESTING.
OPA2
192 INITIAL SPARES--C&E.. 9,757 9,757
TOTAL OTHER 7,451,301 7,292,799
PROCUREMENT, ARMY.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
001 F/A-18E/F (FIGHTER) 1,748,934 1,730,934
HORNET.
ECO and ancillary [-18,000]
equipment excess
growth.
002 F/A-18E/F (FIGHTER) 55,128 51,128
HORNET.
Excess engine cost [-4,000]
growth.
003 JOINT STRIKE FIGHTER 2,272,301 2,162,301
CV.
Target cost [-110,000]
savings.
004 JOINT STRIKE FIGHTER 339,053 339,053
CV.
005 JSF STOVL............ 1,342,035 1,256,035
Target cost [-86,000]
savings.
006 JSF STOVL............ 291,804 291,804
007 CH-53K (HEAVY LIFT).. 807,876 807,876
008 CH-53K (HEAVY LIFT).. 215,014 215,014
009 V-22 (MEDIUM LIFT)... 966,666 1,184,766
Program increase.. [248,100]
Support cost [-30,000]
growth.
010 V-22 (MEDIUM LIFT)... 27,104 27,104
011 H-1 UPGRADES (UH-1Y/ 62,003 62,003
AH-1Z).
013 MH-60R (MYP)......... 894 894
014 P-8A POSEIDON........ 1,206,701 1,636,601
Contract [-42,900]
negotiations
savings.
[[Page H5477]]
Line shutdown [-68,400]
costs early to
need.
Navy unfunded [541,200]
priority.
016 E-2D ADV HAWKEYE..... 744,484 896,784
GFE excess cost [-3,500]
growth.
Navy unfunded [173,000]
priority.
NRE excess cost [-17,200]
growth.
017 E-2D ADV HAWKEYE..... 190,204 190,204
TRAINER AIRCRAFT
019 ADVANCED HELICOPTER 261,160 261,160
TRAINING SYSTEM.
OTHER AIRCRAFT
020 KC-130J.............. 240,840 221,840
Unit cost growth.. [-19,000]
021 KC-130J.............. 66,061 66,061
022 F-5.................. 39,676 39,676
023 MQ-4 TRITON.......... 473,134 448,134
PGSE excess cost [-25,000]
growth.
024 MQ-4 TRITON.......... 20,139 20,139
025 MQ-8 UAV............. 44,957 44,957
026 STUASL0 UAV.......... 43,819 43,819
028 VH-92A EXECUTIVE HELO 658,067 658,067
MODIFICATION OF
AIRCRAFT
029 AEA SYSTEMS.......... 44,470 44,470
030 AV-8 SERIES.......... 39,472 39,472
031 ADVERSARY............ 3,415 3,415
032 F-18 SERIES.......... 1,207,089 1,138,089
Accelerate RWR [10,000]
modernization.
Early to need..... [-79,000]
033 H-53 SERIES.......... 68,385 68,385
034 MH-60 SERIES......... 149,797 152,297
Demonstrate [2,500]
alternative low
frequency active
sonars.
035 H-1 SERIES........... 114,059 114,059
036 EP-3 SERIES.......... 8,655 8,655
038 E-2 SERIES........... 117,059 117,059
039 TRAINER A/C SERIES... 5,616 5,616
040 C-2A................. 15,747 15,747
041 C-130 SERIES......... 122,671 122,671
042 FEWSG................ 509 509
043 CARGO/TRANSPORT A/C 8,767 8,767
SERIES.
044 E-6 SERIES........... 169,827 169,827
045 EXECUTIVE HELICOPTERS 8,933 8,933
SERIES.
047 T-45 SERIES.......... 186,022 184,314
NRE previously [-1,708]
funded.
048 POWER PLANT CHANGES.. 16,136 16,136
049 JPATS SERIES......... 21,824 21,824
050 AVIATION LIFE SUPPORT 39,762 39,762
MODS.
051 COMMON ECM EQUIPMENT. 162,839 159,565
Program decrease.. [-3,274]
052 COMMON AVIONICS 102,107 75,107
CHANGES.
Computing and [-27,000]
displays
concurrency and
equipment growth
early to need.
053 COMMON DEFENSIVE 2,100 2,100
WEAPON SYSTEM.
054 ID SYSTEMS........... 41,437 33,637
Unjustified unit [-7,800]
cost growth.
055 P-8 SERIES........... 107,539 107,539
056 MAGTF EW FOR AVIATION 26,536 26,536
057 MQ-8 SERIES.......... 34,686 34,686
058 V-22 (TILT/ROTOR 325,367 325,367
ACFT) OSPREY.
059 NEXT GENERATION 6,223 6,223
JAMMER (NGJ).
060 F-35 STOVL SERIES.... 65,585 65,585
061 F-35 CV SERIES....... 15,358 15,358
062 QRC.................. 165,016 146,558
Program decrease.. [-18,458]
063 MQ-4 SERIES.......... 27,994 27,994
064 RQ-21 SERIES......... 66,282 66,282
AIRCRAFT SPARES AND
REPAIR PARTS
067 SPARES AND REPAIR 2,166,788 2,102,788
PARTS.
MQ-4 Triton spares [-64,000]
excess growth.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
068 COMMON GROUND 491,025 470,025
EQUIPMENT.
Other flight [-21,000]
training
previously funded.
069 AIRCRAFT INDUSTRIAL 71,335 71,335
FACILITIES.
070 WAR CONSUMABLES...... 41,086 32,086
BRU-61 previously [-9,000]
funded.
072 SPECIAL SUPPORT 135,740 115,740
EQUIPMENT.
Program decrease.. [-20,000]
073 FIRST DESTINATION 892 892
TRANSPORTATION.
TOTAL AIRCRAFT 18,522,204 18,821,764
PROCUREMENT, NAVY.
WEAPONS PROCUREMENT,
NAVY
MODIFICATION OF
MISSILES
001 TRIDENT II MODS...... 1,177,251 1,157,651
W76-2 low-yield [-19,600]
deployment.
SUPPORT EQUIPMENT &
FACILITIES
[[Page H5478]]
002 MISSILE INDUSTRIAL 7,142 7,142
FACILITIES.
STRATEGIC MISSILES
003 TOMAHAWK............. 386,730 386,730
TACTICAL MISSILES
004 AMRAAM............... 224,502 191,502
Unit cost growth.. [-33,000]
005 SIDEWINDER........... 119,456 119,456
007 STANDARD MISSILE..... 404,523 379,523
SM-6 multi-year [-25,000]
procurement
savings.
008 STANDARD MISSILE..... 96,085 96,085
009 SMALL DIAMETER BOMB 118,466 118,466
II.
010 RAM.................. 106,765 106,765
012 HELLFIRE............. 1,525 1,525
015 AERIAL TARGETS....... 145,880 145,880
016 DRONES AND DECOYS.... 20,000 20,000
017 OTHER MISSILE SUPPORT 3,388 3,388
018 LRASM................ 143,200 168,200
Navy unfunded [25,000]
priority.
019 LCS OTH MISSILE...... 38,137 38,137
MODIFICATION OF
MISSILES
020 ESSM................. 128,059 118,059
Production support [-10,000]
excess to need.
021 HARPOON MODS......... 25,447 25,447
022 HARM MODS............ 183,740 183,740
023 STANDARD MISSILES 22,500 22,500
MODS.
SUPPORT EQUIPMENT &
FACILITIES
024 WEAPONS INDUSTRIAL 1,958 1,958
FACILITIES.
025 FLEET SATELLITE COMM 67,380 67,380
FOLLOW-ON.
ORDNANCE SUPPORT
EQUIPMENT
027 ORDNANCE SUPPORT 109,427 109,427
EQUIPMENT.
TORPEDOES AND RELATED
EQUIP
028 SSTD................. 5,561 5,561
029 MK-48 TORPEDO........ 114,000 130,000
Program increase.. [16,000]
030 ASW TARGETS.......... 15,095 15,095
MOD OF TORPEDOES AND
RELATED EQUIP
031 MK-54 TORPEDO MODS... 119,453 111,453
HAAWC cost growth. [-8,000]
032 MK-48 TORPEDO ADCAP 39,508 39,508
MODS.
033 QUICKSTRIKE MINE..... 5,183 5,183
SUPPORT EQUIPMENT
034 TORPEDO SUPPORT 79,028 79,028
EQUIPMENT.
035 ASW RANGE SUPPORT.... 3,890 3,890
DESTINATION
TRANSPORTATION
036 FIRST DESTINATION 3,803 3,803
TRANSPORTATION.
GUNS AND GUN MOUNTS
037 SMALL ARMS AND 14,797 14,797
WEAPONS.
MODIFICATION OF GUNS
AND GUN MOUNTS
038 CIWS MODS............ 44,126 0
Unjustified OCO [-44,126]
request.
039 COAST GUARD WEAPONS.. 44,980 44,980
040 GUN MOUNT MODS....... 66,376 66,376
041 LCS MODULE WEAPONS... 14,585 0
Program decrease.. [-14,585]
043 AIRBORNE MINE 7,160 7,160
NEUTRALIZATION
SYSTEMS.
SPARES AND REPAIR
PARTS
045 SPARES AND REPAIR 126,138 126,138
PARTS.
TOTAL WEAPONS 4,235,244 4,121,933
PROCUREMENT, NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 36,028 20,028
Fuze contract [-16,000]
delay and unit
cost growth.
002 JDAM................. 70,413 62,913
JDAM tail kit unit [-7,500]
cost growth.
003 AIRBORNE ROCKETS, ALL 31,756 22,256
TYPES.
Unit cost growth.. [-9,500]
004 MACHINE GUN 4,793 4,793
AMMUNITION.
005 PRACTICE BOMBS....... 34,708 27,208
Q1300 LGTR unit [-7,500]
cost growth.
006 CARTRIDGES & CART 45,738 38,738
ACTUATED DEVICES.
Contract and [-7,000]
schedule delays.
007 AIR EXPENDABLE 77,301 67,801
COUNTERMEASURES.
Unit cost growth.. [-9,500]
008 JATOS................ 7,262 7,262
009 5 INCH/54 GUN 22,594 22,594
AMMUNITION.
010 INTERMEDIATE CALIBER 37,193 37,193
GUN AMMUNITION.
011 OTHER SHIP GUN 39,491 29,491
AMMUNITION.
CART 20MM contract [-10,000]
award delay.
012 SMALL ARMS & LANDING 47,896 47,896
PARTY AMMO.
013 PYROTECHNIC AND 10,621 10,621
DEMOLITION.
015 AMMUNITION LESS THAN 2,386 2,386
$5 MILLION.
[[Page H5479]]
MARINE CORPS
AMMUNITION
016 MORTARS.............. 55,543 50,543
Prior year [-5,000]
underexecution.
017 DIRECT SUPPORT 131,765 131,765
MUNITIONS.
018 INFANTRY WEAPONS 78,056 74,556
AMMUNITION.
Underexecution and [-3,500]
schedule delays.
019 COMBAT SUPPORT 40,048 34,048
MUNITIONS.
Unit cost growth.. [-6,000]
020 AMMO MODERNIZATION... 14,325 14,325
021 ARTILLERY MUNITIONS.. 188,876 167,476
DA 54 contract [-21,400]
delay.
022 ITEMS LESS THAN $5 4,521 4,521
MILLION.
TOTAL PROCUREMENT OF 981,314 878,414
AMMO, NAVY & MC.
SHIPBUILDING AND
CONVERSION, NAVY
FLEET BALLISTIC
MISSILE SHIPS
001 OHIO REPLACEMENT 1,698,907 1,823,907
SUBMARINE.
Submarine supplier [125,000]
development.
OTHER WARSHIPS
002 CARRIER REPLACEMENT 2,347,000 1,952,000
PROGRAM.
Basic construction/ [-302,000]
conversion excess
cost growth.
Propulsion [-93,000]
equipment excess
cost growth.
003 VIRGINIA CLASS 7,155,946 6,605,946
SUBMARINE.
Block V MYP [-550,000]
savings
redirected to
fund USS Boise,
USS Hartford, and
USS Columbus
availabilities.
004 VIRGINIA CLASS 2,769,552 2,769,552
SUBMARINE.
005 CVN REFUELING 647,926 453,926
OVERHAULS.
CVN-74 RCOH basic [-165,000]
construction/
conversion excess
cost growth.
CVN-74 RCOH [-46,000]
ordnance excess
cost growth.
CVN-75 RCOH [17,000]
restoration.
007 DDG 1000............. 155,944 155,944
008 DDG-51............... 5,099,295 5,013,295
Basic ship [-86,000]
construction
excess cost
growth.
009 DDG-51............... 224,028 224,028
011 FFG-FRIGATE.......... 1,281,177 1,266,177
Change order early [-15,000]
to need.
AMPHIBIOUS SHIPS
012 LPD FLIGHT II........ 100,000
Transfer from line [100,000]
13.
013 LPD FLIGHT II........ 247,100 147,100
Transfer to line [-100,000]
12.
017 EXPEDITIONARY FAST 49,000
TRANSPORT (EPF).
Medical transport [49,000]
modification for
EPF-14 Navy
unfunded priority.
AUXILIARIES, CRAFT
AND PRIOR YR PROGRAM
COST
018 TAO FLEET OILER...... 981,215 607,215
Full funding early [-447,000]
to need.
Transfer from Line [73,000]
19.
019 TAO FLEET OILER...... 73,000 0
Transfer to Line [-73,000]
18.
020 TOWING, SALVAGE, AND 150,282 150,282
RESCUE SHIP (ATS).
022 LCU 1700............. 85,670 85,670
023 OUTFITTING........... 754,679 643,554
ESB-9 Outfitting [-11,125]
early to need.
Excess cost growth [-100,000]
024 SHIP TO SHORE 84,800
CONNECTOR.
Program increase.. [130,000]
Program decrease.. [-45,200]
025 SERVICE CRAFT........ 56,289 56,289
028 COMPLETION OF PY 55,700 25,700
SHIPBUILDING
PROGRAMS.
ESB change order [-30,000]
prior year
carryover.
TOTAL SHIPBUILDING 23,783,710 22,214,385
AND CONVERSION, NAVY.
OTHER PROCUREMENT,
NAVY
SHIP PROPULSION
EQUIPMENT
001 SURFACE POWER 14,490 14,490
EQUIPMENT.
GENERATORS
002 SURFACE COMBATANT 31,583 23,503
HM&E.
Excess cost growth [-8,080]
NAVIGATION EQUIPMENT
003 OTHER NAVIGATION 77,404 60,830
EQUIPMENT.
Excess cost growth [-16,574]
OTHER SHIPBOARD
EQUIPMENT
004 SUB PERISCOPE, 160,803 160,803
IMAGING AND SUPT
EQUIP PROG.
005 DDG MOD.............. 566,140 566,140
006 FIREFIGHTING 18,223 18,223
EQUIPMENT.
007 COMMAND AND CONTROL 2,086 2,086
SWITCHBOARD.
008 LHA/LHD MIDLIFE...... 95,651 64,651
Excess cost growth [-31,000]
009 POLLUTION CONTROL 23,910 23,910
EQUIPMENT.
010 SUBMARINE SUPPORT 44,895 25,300
EQUIPMENT.
Acoustic [-11,855]
superiority early
to need.
Excess cost growth [-7,740]
011 VIRGINIA CLASS 28,465 28,465
SUPPORT EQUIPMENT.
[[Page H5480]]
012 LCS CLASS SUPPORT 19,426 19,426
EQUIPMENT.
013 SUBMARINE BATTERIES.. 26,290 26,290
014 LPD CLASS SUPPORT 46,945 46,945
EQUIPMENT.
015 DDG 1000 CLASS 9,930 9,930
SUPPORT EQUIPMENT.
016 STRATEGIC PLATFORM 14,331 14,331
SUPPORT EQUIP.
017 DSSP EQUIPMENT....... 2,909 2,909
018 CG MODERNIZATION..... 193,990 193,990
019 LCAC................. 3,392 3,392
020 UNDERWATER EOD 71,240 71,240
PROGRAMS.
021 ITEMS LESS THAN $5 102,543 102,543
MILLION.
022 CHEMICAL WARFARE 2,961 2,961
DETECTORS.
023 SUBMARINE LIFE 6,635 6,635
SUPPORT SYSTEM.
REACTOR PLANT
EQUIPMENT
024 REACTOR POWER UNITS.. 5,340 5,340
025 REACTOR COMPONENTS... 465,726 465,726
OCEAN ENGINEERING
026 DIVING AND SALVAGE 11,854 10,706
EQUIPMENT.
Excess cost growth [-1,148]
SMALL BOATS
027 STANDARD BOATS....... 79,102 73,967
Excess cost growth [-5,135]
PRODUCTION FACILITIES
EQUIPMENT
028 OPERATING FORCES IPE. 202,238 202,238
OTHER SHIP SUPPORT
029 LCS COMMON MISSION 51,553 33,237
MODULES EQUIPMENT.
Excess cost growth [-18,316]
030 LCS MCM MISSION 197,129 77,129
MODULES.
Excess cost growth [-120,000]
031 LCS ASW MISSION 27,754 25,254
MODULES.
Demonstrate [2,500]
alternate low
frequency active
sonar.
Excess cost growth [-5,000]
032 LCS SUW MISSION 26,566 14,566
MODULES.
Excess cost growth [-12,000]
033 LCS IN-SERVICE 84,972 84,972
MODERNIZATION.
034 SMALL & MEDIUM UUV... 40,547 10,601
Early to need..... [-29,946]
LOGISTIC SUPPORT
035 LSD MIDLIFE & 40,269 40,269
MODERNIZATION.
SHIP SONARS
036 SPQ-9B RADAR......... 26,195 26,195
037 AN/SQQ-89 SURF ASW 125,237 125,237
COMBAT SYSTEM.
038 SSN ACOUSTIC 366,968 354,968
EQUIPMENT.
Low cost conformal [-12,000]
array contract
delay.
039 UNDERSEA WARFARE 8,967 8,967
SUPPORT EQUIPMENT.
ASW ELECTRONIC
EQUIPMENT
040 SUBMARINE ACOUSTIC 23,545 23,545
WARFARE SYSTEM.
041 SSTD................. 12,439 12,439
042 FIXED SURVEILLANCE 128,441 128,441
SYSTEM.
043 SURTASS.............. 21,923 21,923
ELECTRONIC WARFARE
EQUIPMENT
044 AN/SLQ-32............ 420,154 420,154
RECONNAISSANCE
EQUIPMENT
045 SHIPBOARD IW EXPLOIT. 194,758 194,758
046 AUTOMATED 5,368 5,368
IDENTIFICATION
SYSTEM (AIS).
OTHER SHIP ELECTRONIC
EQUIPMENT
047 COOPERATIVE 35,128 35,128
ENGAGEMENT
CAPABILITY.
048 NAVAL TACTICAL 15,154 15,154
COMMAND SUPPORT
SYSTEM (NTCSS).
049 ATDLS................ 52,753 52,753
050 NAVY COMMAND AND 3,390 3,390
CONTROL SYSTEM
(NCCS).
051 MINESWEEPING SYSTEM 19,448 19,448
REPLACEMENT.
052 SHALLOW WATER MCM.... 8,730 8,730
053 NAVSTAR GPS RECEIVERS 32,674 32,674
(SPACE).
054 AMERICAN FORCES RADIO 2,617 2,617
AND TV SERVICE.
055 STRATEGIC PLATFORM 7,973 7,973
SUPPORT EQUIP.
AVIATION ELECTRONIC
EQUIPMENT
056 ASHORE ATC EQUIPMENT. 72,406 72,406
057 AFLOAT ATC EQUIPMENT. 67,410 67,410
058 ID SYSTEMS........... 26,059 15,464
OE-120/UPX antenna [-10,595]
insufficient
budget
justification.
059 JOINT PRECISION 92,695 61,348
APPROACH AND LANDING
SYSTEM.
Early to need..... [-31,347]
060 NAVAL MISSION 15,296 15,296
PLANNING SYSTEMS.
OTHER SHORE
ELECTRONIC EQUIPMENT
061 TACTICAL/MOBILE C4I 36,226 36,226
SYSTEMS.
062 DCGS-N............... 21,788 21,788
063 CANES................ 426,654 396,654
Program decrease.. [-30,000]
064 RADIAC............... 6,450 6,450
065 CANES-INTELL......... 52,713 52,713
066 GPETE................ 13,028 13,028
067 MASF................. 5,193 5,193
068 INTEG COMBAT SYSTEM 6,028 6,028
TEST FACILITY.
[[Page H5481]]
069 EMI CONTROL 4,209 4,209
INSTRUMENTATION.
070 ITEMS LESS THAN $5 168,436 151,593
MILLION.
Excess cost growth [-16,843]
SHIPBOARD
COMMUNICATIONS
071 SHIPBOARD TACTICAL 55,853 55,853
COMMUNICATIONS.
072 SHIP COMMUNICATIONS 137,861 117,861
AUTOMATION.
STACC cost growth. [-20,000]
073 COMMUNICATIONS ITEMS 35,093 35,093
UNDER $5M.
SUBMARINE
COMMUNICATIONS
074 SUBMARINE BROADCAST 50,833 50,833
SUPPORT.
075 SUBMARINE 69,643 60,643
COMMUNICATION
EQUIPMENT.
Buoy shape [-9,000]
improvement
unjustified
request.
SATELLITE
COMMUNICATIONS
076 SATELLITE 45,841 45,841
COMMUNICATIONS
SYSTEMS.
077 NAVY MULTIBAND 88,021 88,021
TERMINAL (NMT).
SHORE COMMUNICATIONS
078 JOINT COMMUNICATIONS 4,293 4,293
SUPPORT ELEMENT
(JCSE).
CRYPTOGRAPHIC
EQUIPMENT
079 INFO SYSTEMS SECURITY 166,540 166,540
PROGRAM (ISSP).
080 MIO INTEL 968 968
EXPLOITATION TEAM.
CRYPTOLOGIC EQUIPMENT
081 CRYPTOLOGIC 13,090 13,090
COMMUNICATIONS EQUIP.
OTHER ELECTRONIC
SUPPORT
083 COAST GUARD EQUIPMENT 61,370 61,370
SONOBUOYS
085 SONOBUOYS--ALL TYPES. 260,644 296,344
Navy unfunded [35,700]
priority.
AIRCRAFT SUPPORT
EQUIPMENT
086 MINOTAUR............. 5,000 5,000
087 WEAPONS RANGE SUPPORT 101,843 94,843
EQUIPMENT.
Excess cost growth [-7,000]
088 AIRCRAFT SUPPORT 145,601 112,181
EQUIPMENT.
Excess cost growth [-20,000]
Program decrease.. [-13,420]
089 ADVANCED ARRESTING 4,725 4,725
GEAR (AAG).
090 METEOROLOGICAL 14,687 14,687
EQUIPMENT.
092 LEGACY AIRBORNE MCM.. 19,250 19,250
093 LAMPS EQUIPMENT...... 792 792
094 AVIATION SUPPORT 55,415 52,415
EQUIPMENT.
Contract delay.... [-3,000]
095 UMCS-UNMAN CARRIER 32,668 32,668
AVIATION(UCA)MISSION
CNTRL.
SHIP GUN SYSTEM
EQUIPMENT
096 SHIP GUN SYSTEMS 5,451 5,451
EQUIPMENT.
SHIP MISSILE SYSTEMS
EQUIPMENT
097 HARPOON SUPPORT 1,100 1,100
EQUIPMENT.
098 SHIP MISSILE SUPPORT 228,104 243,304
EQUIPMENT.
Excess cost growth [-25,000]
Program increase.. [40,200]
099 TOMAHAWK SUPPORT 78,593 78,593
EQUIPMENT.
FBM SUPPORT EQUIPMENT
100 STRATEGIC MISSILE 280,510 280,510
SYSTEMS EQUIP.
ASW SUPPORT EQUIPMENT
101 SSN COMBAT CONTROL 148,547 138,547
SYSTEMS.
Excess cost growth [-10,000]
102 ASW SUPPORT EQUIPMENT 21,130 21,130
OTHER ORDNANCE
SUPPORT EQUIPMENT
103 EXPLOSIVE ORDNANCE 15,244 15,244
DISPOSAL EQUIP.
104 ITEMS LESS THAN $5 5,071 5,071
MILLION.
OTHER EXPENDABLE
ORDNANCE
105 ANTI-SHIP MISSILE 41,962 41,962
DECOY SYSTEM.
106 SUBMARINE TRAINING 75,057 75,057
DEVICE MODS.
107 SURFACE TRAINING 233,175 189,253
EQUIPMENT.
LCS trainer [-43,922]
equipment early
to need.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
108 PASSENGER CARRYING 4,562 4,562
VEHICLES.
109 GENERAL PURPOSE 10,974 10,974
TRUCKS.
110 CONSTRUCTION & 43,191 43,191
MAINTENANCE EQUIP.
111 FIRE FIGHTING 21,142 11,642
EQUIPMENT.
Contract delays... [-9,500]
112 TACTICAL VEHICLES.... 33,432 32,032
JLTV contract [-1,400]
delay.
114 POLLUTION CONTROL 2,633 2,633
EQUIPMENT.
115 ITEMS UNDER $5 53,467 53,467
MILLION.
116 PHYSICAL SECURITY 1,173 1,173
VEHICLES.
SUPPLY SUPPORT
EQUIPMENT
117 SUPPLY EQUIPMENT..... 16,730 16,730
118 FIRST DESTINATION 5,389 5,389
TRANSPORTATION.
119 SPECIAL PURPOSE 654,674 654,674
SUPPLY SYSTEMS.
TRAINING DEVICES
120 TRAINING SUPPORT 3,633 3,633
EQUIPMENT.
121 TRAINING AND 97,636 82,536
EDUCATION EQUIPMENT.
Reduction in one [-15,100]
Training Support
Vessel.
[[Page H5482]]
COMMAND SUPPORT
EQUIPMENT
122 COMMAND SUPPORT 66,102 50,102
EQUIPMENT.
Prior year [-16,000]
underexecution.
123 MEDICAL SUPPORT 3,633 3,633
EQUIPMENT.
125 NAVAL MIP SUPPORT 6,097 6,097
EQUIPMENT.
126 OPERATING FORCES 16,905 16,905
SUPPORT EQUIPMENT.
127 C4ISR EQUIPMENT...... 30,146 30,146
128 ENVIRONMENTAL SUPPORT 21,986 21,986
EQUIPMENT.
129 PHYSICAL SECURITY 160,046 160,046
EQUIPMENT.
130 ENTERPRISE 56,899 56,899
INFORMATION
TECHNOLOGY.
OTHER
133 NEXT GENERATION 122,832 122,832
ENTERPRISE SERVICE.
CLASSIFIED PROGRAMS
133A CLASSIFIED PROGRAMS.. 16,346 16,346
SPARES AND REPAIR
PARTS
134 SPARES AND REPAIR 375,608 352,140
PARTS.
JPALS spares early [-8,137]
to need.
LCS spares early [-15,331]
to need.
TOTAL OTHER 9,652,956 9,146,967
PROCUREMENT, NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
001 AAV7A1 PIP........... 39,495 39,495
002 AMPHIBIOUS COMBAT 317,935 313,135
VEHICLE 1.1.
Excess engineering [-4,800]
change orders.
003 LAV PIP.............. 60,734 60,734
ARTILLERY AND OTHER
WEAPONS
004 155MM LIGHTWEIGHT 25,065 25,065
TOWED HOWITZER.
005 ARTILLERY WEAPONS 100,002 90,002
SYSTEM.
Equipment [-10,000]
previously funded
and cost growth.
006 WEAPONS AND COMBAT 31,945 31,945
VEHICLES UNDER $5
MILLION.
OTHER SUPPORT
007 MODIFICATION KITS.... 22,760 22,760
GUIDED MISSILES
008 GROUND BASED AIR 175,998 175,998
DEFENSE.
009 ANTI-ARMOR MISSILE- 20,207 20,207
JAVELIN.
010 FAMILY ANTI-ARMOR 21,913 21,913
WEAPON SYSTEMS
(FOAAWS).
011 ANTI-ARMOR MISSILE- 60,501 60,501
TOW.
012 GUIDED MLRS ROCKET 29,062 28,062
(GMLRS).
Unit cost [-1,000]
discrepancy.
COMMAND AND CONTROL
SYSTEMS
013 COMMON AVIATION 37,203 32,203
COMMAND AND CONTROL
SYSTEM (C.
AN/MRQ-13 [-5,000]
communications
subsystems
upgrades
unjustified
growth.
REPAIR AND TEST
EQUIPMENT
014 REPAIR AND TEST 55,156 55,156
EQUIPMENT.
OTHER SUPPORT (TEL)
015 MODIFICATION KITS.... 4,945 4,945
COMMAND AND CONTROL
SYSTEM (NON-TEL)
016 ITEMS UNDER $5 112,124 83,124
MILLION (COMM &
ELEC).
Unit cost growth.. [-29,000]
017 AIR OPERATIONS C2 17,408 17,408
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
018 RADAR SYSTEMS........ 329 329
019 GROUND/AIR TASK 273,022 273,022
ORIENTED RADAR (G/
ATOR).
INTELL/COMM EQUIPMENT
(NON-TEL)
021 GCSS-MC.............. 4,484 4,484
022 FIRE SUPPORT SYSTEM.. 35,488 35,488
023 INTELLIGENCE SUPPORT 56,896 54,396
EQUIPMENT.
Unjustified growth [-2,500]
025 UNMANNED AIR SYSTEMS 34,711 34,711
(INTEL).
026 DCGS-MC.............. 32,562 32,562
OTHER SUPPORT (NON-
TEL)
030 NEXT GENERATION 114,901 114,901
ENTERPRISE NETWORK
(NGEN).
031 COMMON COMPUTER 51,094 51,094
RESOURCES.
032 COMMAND POST SYSTEMS. 108,897 108,897
033 RADIO SYSTEMS........ 227,320 212,320
Cost growth and [-15,000]
early to need.
034 COMM SWITCHING & 31,685 23,685
CONTROL SYSTEMS.
ECP small form [-8,000]
factor previously
funded.
035 COMM & ELEC 21,140 21,140
INFRASTRUCTURE
SUPPORT.
036 CYBERSPACE ACTIVITIES 27,632 27,632
CLASSIFIED PROGRAMS
036A CLASSIFIED PROGRAMS.. 5,535 5,535
ADMINISTRATIVE
VEHICLES
037 COMMERCIAL CARGO 28,913 28,913
VEHICLES.
TACTICAL VEHICLES
038 MOTOR TRANSPORT 19,234 19,234
MODIFICATIONS.
039 JOINT LIGHT TACTICAL 558,107 556,107
VEHICLE.
ECP previously [-2,000]
funded.
040 FAMILY OF TACTICAL 2,693 2,693
TRAILERS.
ENGINEER AND OTHER
EQUIPMENT
041 ENVIRONMENTAL CONTROL 495 495
EQUIP ASSORT.
[[Page H5483]]
042 TACTICAL FUEL SYSTEMS 52 52
043 POWER EQUIPMENT 22,441 22,441
ASSORTED.
044 AMPHIBIOUS SUPPORT 7,101 7,101
EQUIPMENT.
045 EOD SYSTEMS.......... 44,700 44,700
MATERIALS HANDLING
EQUIPMENT
046 PHYSICAL SECURITY 15,404 15,404
EQUIPMENT.
GENERAL PROPERTY
047 FIELD MEDICAL 2,898 2,898
EQUIPMENT.
048 TRAINING DEVICES..... 149,567 126,567
ODS unjustified [-23,000]
request.
049 FAMILY OF 35,622 35,622
CONSTRUCTION
EQUIPMENT.
050 ULTRA-LIGHT TACTICAL 647 647
VEHICLE (ULTV).
OTHER SUPPORT
051 ITEMS LESS THAN $5 10,956 10,956
MILLION.
SPARES AND REPAIR
PARTS
052 SPARES AND REPAIR 33,470 33,470
PARTS.
TOTAL PROCUREMENT, 3,090,449 2,990,149
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
TACTICAL FORCES
001 F-35................. 4,274,359 5,126,409
Program increase.. [1,042,800]
Target cost [-190,750]
savings.
002 F-35................. 655,500 655,500
003 F-15E................ 1,050,000 941,000
Unjustified non- [-109,000]
recurring
engineering.
TACTICAL AIRLIFT
005 KC-46A MDAP.......... 2,234,529 2,199,705
Excess to need.... [-34,824]
OTHER AIRLIFT
006 C-130J............... 12,156 404,156
Program increase.. [392,000]
008 MC-130J.............. 871,207 871,207
009 MC-130J.............. 40,000 40,000
HELICOPTERS
010 COMBAT RESCUE 884,235 876,235
HELICOPTER.
Excess to need.... [-8,000]
MISSION SUPPORT
AIRCRAFT
011 C-37A................ 161,000 161,000
012 CIVIL AIR PATROL A/C. 2,767 2,767
OTHER AIRCRAFT
014 TARGET DRONES........ 130,837 130,837
015 COMPASS CALL......... 114,095 114,095
017 MQ-9................. 189,205 313,005
Program increase.. [137,800]
Unit cost growth.. [-14,000]
STRATEGIC AIRCRAFT
019 B-2A................. 9,582 9,582
020 B-1B................. 22,111 22,111
021 B-52................. 69,648 69,648
022 LARGE AIRCRAFT 43,758 43,758
INFRARED
COUNTERMEASURES.
TACTICAL AIRCRAFT
023 A-10................. 132,069 132,069
024 E-11 BACN/HAG........ 70,027 90,027
Aircraft increase. [20,000]
025 F-15................. 481,073 480,443
F-15C MUOS ahead [-630]
of need.
026 F-16................. 234,782 234,782
028 F-22A................ 323,597 323,597
030 F-35 MODIFICATIONS... 343,590 343,590
031 F-15 EPAW............ 149,047 25,047
Prior-year [-124,000]
carryover.
032 INCREMENT 3.2B....... 20,213 20,213
033 KC-46A MDAP.......... 10,213 3,639
Excess to need.... [-6,574]
AIRLIFT AIRCRAFT
034 C-5.................. 73,550 73,550
036 C-17A................ 60,244 60,244
037 C-21................. 216 216
038 C-32A................ 11,511 11,511
039 C-37A................ 435 435
TRAINER AIRCRAFT
040 GLIDER MODS.......... 138 138
041 T-6.................. 11,826 11,826
042 T-1.................. 26,787 26,787
043 T-38................. 37,341 45,041
T-38 A/B ejection [7,700]
seat safety.
OTHER AIRCRAFT
044 U-2 MODS............. 86,896 119,896
Increase for U-2 [33,000]
enhancements.
045 KC-10A (ATCA)........ 2,108 2,108
046 C-12................. 3,021 3,021
[[Page H5484]]
047 VC-25A MOD........... 48,624 48,624
048 C-40................. 256 256
049 C-130................ 52,066 186,066
3.5 Engine [79,000]
Enhancement
Package.
NP-2000 prop blade [55,000]
upgrades.
050 C-130J MODS.......... 141,686 141,686
051 C-135................ 124,491 124,491
053 COMPASS CALL......... 110,754 110,754
054 COMBAT FLIGHT 508 508
INSPECTION--CFIN.
055 RC-135............... 227,673 227,673
056 E-3.................. 216,299 216,299
057 E-4.................. 58,477 58,477
058 E-8.................. 28,778 56,778
Increase for re- [28,000]
engining.
059 AIRBORNE WARNING AND 36,000 36,000
CNTRL SYS (AWACS) 40/
45.
060 FAMILY OF BEYOND LINE- 7,910 7,910
OF-SIGHT TERMINALS.
061 H-1.................. 3,817 3,817
062 H-60................. 20,879 20,879
063 RQ-4 MODS............ 1,704 1,704
064 HC/MC-130 51,482 51,482
MODIFICATIONS.
065 OTHER AIRCRAFT....... 50,098 50,098
066 MQ-9 MODS............ 383,594 251,594
Production rate [-132,000]
adjustment of DAS-
4 sensor.
068 CV-22 MODS........... 65,348 65,348
AIRCRAFT SPARES AND
REPAIR PARTS
069 INITIAL SPARES/REPAIR 708,230 584,830
PARTS.
Unjustified F-15C [-123,400]
requirements.
COMMON SUPPORT
EQUIPMENT
072 AIRCRAFT REPLACEMENT 84,938 84,938
SUPPORT EQUIP.
POST PRODUCTION
SUPPORT
073 B-2A................. 1,403 1,403
074 B-2B................. 42,234 42,234
075 B-52................. 4,641 4,641
076 C-17A................ 124,805 124,805
079 F-15................. 2,589 2,589
081 F-16................. 15,348 14,748
Line shutdown [-600]
early to need.
084 RQ-4 POST PRODUCTION 47,246 47,246
CHARGES.
INDUSTRIAL
PREPAREDNESS
086 INDUSTRIAL 17,705 17,705
RESPONSIVENESS.
WAR CONSUMABLES
087 WAR CONSUMABLES...... 32,102 32,102
OTHER PRODUCTION
CHARGES
088 OTHER PRODUCTION 1,194,728 1,106,728
CHARGES.
F-22 NGEN lab [-72,000]
excess.
RQ-4 delayed [-16,000]
obligations.
CLASSIFIED PROGRAMS
090A CLASSIFIED PROGRAMS.. 34,193 34,193
TOTAL AIRCRAFT 16,784,279 17,747,801
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
MISSILE REPLACEMENT
EQUIPMENT--BALLISTIC
001 MISSILE REPLACEMENT 55,888 55,888
EQ-BALLISTIC.
TACTICAL
002 REPLAC EQUIP & WAR 9,100 9,100
CONSUMABLES.
003 JOINT AIR-TO-GROUND 15,000 0
MUNITION.
Unjustified [-15,000]
requirement (JAGM-
F).
004 JOINT AIR-SURFACE 482,525 482,525
STANDOFF MISSILE.
006 SIDEWINDER (AIM-9X).. 160,408 160,408
007 AMRAAM............... 332,250 332,250
008 PREDATOR HELLFIRE 118,860 111,160
MISSILE.
Unit cost savings. [-7,700]
009 SMALL DIAMETER BOMB.. 275,438 275,438
010 SMALL DIAMETER BOMB 212,434 201,434
II.
Unit cost growth.. [-11,000]
INDUSTRIAL FACILITIES
011 INDUSTR'L PREPAREDNS/ 801 801
POL PREVENTION.
CLASS IV
012 ICBM FUZE MOD........ 5,000 5,000
013 ICBM FUZE MOD........ 14,497 14,497
014 MM III MODIFICATIONS. 50,831 50,831
015 AGM-65D MAVERICK..... 294 294
016 AIR LAUNCH CRUISE 77,387 77,387
MISSILE (ALCM).
MISSILE SPARES AND
REPAIR PARTS
018 MSL SPRS/REPAIR PARTS 1,910 1,910
(INITIAL).
019 REPLEN SPARES/REPAIR 82,490 82,490
PARTS.
SPECIAL PROGRAMS
023 SPECIAL UPDATE 144,553 144,553
PROGRAMS.
CLASSIFIED PROGRAMS
023A CLASSIFIED PROGRAMS.. 849,521 849,521
TOTAL MISSILE 2,889,187 2,855,487
PROCUREMENT, AIR
FORCE.
[[Page H5485]]
SPACE PROCUREMENT,
AIR FORCE
SPACE PROGRAMS
001 ADVANCED EHF......... 31,894 31,894
002 AF SATELLITE COMM 56,298 56,298
SYSTEM.
004 COUNTERSPACE SYSTEMS. 5,700 5,700
005 FAMILY OF BEYOND LINE- 34,020 24,020
OF-SIGHT TERMINALS.
Unjustified growth [-10,000]
007 GENERAL INFORMATION 3,244 3,244
TECH--SPACE.
008 GPSIII FOLLOW ON..... 414,625 414,625
009 GPS III SPACE SEGMENT 31,466 31,466
012 SPACEBORNE EQUIP 32,031 32,031
(COMSEC).
013 MILSATCOM............ 11,096 11,096
015 EVOLVED EXPENDABLE 1,237,635 1,237,635
LAUNCH VEH(SPACE).
016 SBIR HIGH (SPACE).... 233,952 218,012
Unjustified growth [-15,940]
017 NUDET DETECTION 7,432 7,432
SYSTEM.
018 ROCKET SYSTEMS LAUNCH 11,473 11,473
PROGRAM.
019 SPACE FENCE.......... 71,784 50,284
Unjustified growth [-21,500]
020 SPACE MODS........... 106,330 86,330
Unjustified growth [-20,000]
021 SPACELIFT RANGE 118,140 118,140
SYSTEM SPACE.
SSPARES
022 SPARES AND REPAIR 7,263 7,263
PARTS.
TOTAL SPACE 2,414,383 2,346,943
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 133,268 115,268
APKWS Mk 66 rocket [-18,000]
motor price
adjustment.
CARTRIDGES
002 CARTRIDGES........... 140,449 140,449
BOMBS
003 PRACTICE BOMBS....... 29,313 29,313
004 GENERAL PURPOSE BOMBS 85,885 85,885
006 JOINT DIRECT ATTACK 1,066,224 1,019,224
MUNITION.
LJDAM sensor cost [-10,000]
adjustment.
Tailkit unit cost [-37,000]
adjustment.
007 B61.................. 80,773 80,773
OTHER ITEMS
009 CAD/PAD.............. 47,069 47,069
010 EXPLOSIVE ORDNANCE 6,133 6,133
DISPOSAL (EOD).
011 SPARES AND REPAIR 533 533
PARTS.
012 MODIFICATIONS........ 1,291 1,291
013 ITEMS LESS THAN 1,677 1,677
$5,000,000.
FLARES
015 FLARES............... 36,116 36,116
FUZES
016 FUZES................ 1,734 1,734
SMALL ARMS
017 SMALL ARMS........... 37,496 32,496
Program decrease.. [-5,000]
TOTAL PROCUREMENT OF 1,667,961 1,597,961
AMMUNITION, AIR
FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 15,238 15,238
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL 34,616 29,616
VEHICLE.
Unjustified unit [-5,000]
cost increases.
003 CAP VEHICLES......... 1,040 3,567
Program increase-- [1,867]
communications.
Program increase-- [660]
vehicles.
004 CARGO AND UTILITY 23,133 18,588
VEHICLES.
Program increase.. [455]
Program reduction. [-5,000]
SPECIAL PURPOSE
VEHICLES
005 JOINT LIGHT TACTICAL 32,027 22,027
VEHICLE.
Program reduction. [-10,000]
006 SECURITY AND TACTICAL 1,315 1,315
VEHICLES.
007 SPECIAL PURPOSE 14,593 9,593
VEHICLES.
Program reduction-- [-5,000]
prior year
carryover.
FIRE FIGHTING
EQUIPMENT
008 FIRE FIGHTING/CRASH 28,604 28,604
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
009 MATERIALS HANDLING 21,848 21,848
VEHICLES.
BASE MAINTENANCE
SUPPORT
010 RUNWAY SNOW REMOV AND 2,925 3,259
CLEANING EQU.
Program increase.. [334]
011 BASE MAINTENANCE 55,776 52,876
SUPPORT VEHICLES.
Program increase.. [2,100]
Program reduction. [-5,000]
[[Page H5486]]
COMM SECURITY
EQUIPMENT(COMSEC)
013 COMSEC EQUIPMENT..... 91,461 91,461
INTELLIGENCE PROGRAMS
014 INTERNATIONAL INTEL 11,386 11,386
TECH & ARCHITECTURES.
015 INTELLIGENCE TRAINING 7,619 7,619
EQUIPMENT.
016 INTELLIGENCE COMM 35,558 32,058
EQUIPMENT.
IMAD unjustified [-3,500]
procurement.
ELECTRONICS PROGRAMS
017 AIR TRAFFIC CONTROL & 17,939 17,939
LANDING SYS.
019 BATTLE CONTROL 3,063 3,063
SYSTEM--FIXED.
021 WEATHER OBSERVATION 31,447 31,447
FORECAST.
022 STRATEGIC COMMAND AND 5,090 5,090
CONTROL.
023 CHEYENNE MOUNTAIN 10,145 10,145
COMPLEX.
024 MISSION PLANNING 14,508 14,508
SYSTEMS.
026 INTEGRATED STRAT PLAN 9,901 9,901
& ANALY NETWORK
(ISPAN).
SPCL COMM-ELECTRONICS
PROJECTS
027 GENERAL INFORMATION 26,933 26,933
TECHNOLOGY.
028 AF GLOBAL COMMAND & 2,756 2,756
CONTROL SYS.
029 BATTLEFIELD AIRBORNE 48,478 48,478
CONTROL NODE (BACN).
030 MOBILITY COMMAND AND 21,186 21,186
CONTROL.
031 AIR FORCE PHYSICAL 178,361 158,361
SECURITY SYSTEM.
Program reduction. [-20,000]
032 COMBAT TRAINING 233,993 247,593
RANGES.
Joint threat [13,600]
emitter increase.
033 MINIMUM ESSENTIAL 132,648 132,648
EMERGENCY COMM N.
034 WIDE AREA 80,818 47,929
SURVEILLANCE (WAS).
Program decrease.. [-32,889]
035 C3 COUNTERMEASURES... 25,036 25,036
036 INTEGRATED PERSONNEL 20,900 20,900
AND PAY SYSTEM.
037 GCSS-AF FOS.......... 11,226 11,226
038 DEFENSE ENTERPRISE 1,905 1,905
ACCOUNTING & MGT SYS.
039 MAINTENANCE REPAIR & 1,912 1,912
OVERHAUL INITIATIVE.
040 THEATER BATTLE MGT C2 6,337 6,337
SYSTEM.
041 AIR & SPACE 33,243 33,243
OPERATIONS CENTER
(AOC).
AIR FORCE
COMMUNICATIONS
043 BASE INFORMATION 69,530 59,530
TRANSPT INFRAST
(BITI) WIRED.
Program decrease.. [-10,000]
044 AFNET................ 147,063 147,063
045 JOINT COMMUNICATIONS 6,505 6,505
SUPPORT ELEMENT
(JCSE).
046 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 47,634
RESCUE EQUIPMENT.
Unit cost increase [-3,000]
and early to need.
DEPOT PLANT+MTRLS
HANDLING EQ
055 POWER CONDITIONING 11,000 11,000
EQUIPMENT.
056 MECHANIZED MATERIAL 11,901 11,901
HANDLING EQUIP.
BASE SUPPORT
EQUIPMENT
057 BASE PROCURED 23,963 23,963
EQUIPMENT.
058 ENGINEERING AND EOD 34,124 34,124
EQUIPMENT.
059 MOBILITY EQUIPMENT... 26,439 26,439
060 FUELS SUPPORT 24,255 24,255
EQUIPMENT (FSE).
061 BASE MAINTENANCE AND 38,986 38,986
SUPPORT EQUIPMENT.
SPECIAL SUPPORT
PROJECTS
063 DARP RC135........... 26,716 26,716
064 DCGS-AF.............. 116,055 116,055
066 SPECIAL UPDATE 835,148 835,148
PROGRAM.
CLASSIFIED PROGRAMS
066A CLASSIFIED PROGRAMS.. 18,292,807 18,292,807
SPARES AND REPAIR
PARTS
067 SPARES AND REPAIR 81,340 81,340
PARTS.
TOTAL OTHER 21,342,857 21,262,484
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, OSD
022 MAJOR EQUIPMENT, DPAA 1,504 1,504
045 MAJOR EQUIPMENT, OSD. 43,705 43,705
MAJOR EQUIPMENT, NSA
044 INFORMATION SYSTEMS 1,533 133
SECURITY PROGRAM
(ISSP).
Realignment to [-1,400]
DISA for
Sharkseer.
MAJOR EQUIPMENT, WHS
049 MAJOR EQUIPMENT, WHS. 507 507
MAJOR EQUIPMENT, DISA
008 INFORMATION SYSTEMS 3,318 4,718
SECURITY.
Realignment for [1,400]
Sharkseer.
[[Page H5487]]
009 TELEPORT PROGRAM..... 25,103 25,103
010 ITEMS LESS THAN $5 26,416 26,416
MILLION.
012 DEFENSE INFORMATION 17,574 17,574
SYSTEM NETWORK.
014 WHITE HOUSE 45,079 45,079
COMMUNICATION AGENCY.
015 SENIOR LEADERSHIP 78,669 78,669
ENTERPRISE.
016 JOINT REGIONAL 88,000 83,000
SECURITY STACKS
(JRSS).
Program decrease.. [-5,000]
017 JOINT SERVICE 107,907 107,907
PROVIDER.
MAJOR EQUIPMENT, DLA
019 MAJOR EQUIPMENT...... 8,122 8,122
MAJOR EQUIPMENT, DSS
023 MAJOR EQUIPMENT...... 496 496
MAJOR EQUIPMENT, TJS
046 MAJOR EQUIPMENT, TJS. 6,905 6,905
047 MAJOR EQUIPMENT--TJS 1,458 1,458
CYBER.
MAJOR EQUIPMENT,
MISSILE DEFENSE
AGENCY
028 THAAD................ 425,863 425,863
029 GROUND BASED 9,471 9,471
MIDCOURSE.
031 AEGIS BMD............ 600,773 600,773
032 AEGIS BMD............ 96,995 96,995
033 BMDS AN/TPY-2 RADARS. 10,046 10,046
034 ARROW 3 UPPER TIER 55,000 55,000
SYSTEMS.
035 SHORT RANGE BALLISTIC 50,000 50,000
MISSILE DEFENSE
(SRBMD).
036 AEGIS ASHORE PHASE 25,659 25,659
III.
037 IRON DOME............ 95,000 95,000
038 AEGIS BMD HARDWARE 124,986 124,986
AND SOFTWARE.
MAJOR EQUIPMENT, DHRA
003 PERSONNEL 5,030 5,030
ADMINISTRATION.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
025 VEHICLES............. 211 211
026 OTHER MAJOR EQUIPMENT 11,521 11,521
MAJOR EQUIPMENT,
DODEA
021 AUTOMATION/ 1,320 1,320
EDUCATIONAL SUPPORT
& LOGISTICS.
MAJOR EQUIPMENT, DCMA
002 MAJOR EQUIPMENT...... 2,432 2,432
MAJOR EQUIPMENT,
DMACT
020 MAJOR EQUIPMENT...... 10,961 10,961
CLASSIFIED PROGRAMS
049A CLASSIFIED PROGRAMS.. 589,366 589,366
AVIATION PROGRAMS
053 ROTARY WING UPGRADES 172,020 172,020
AND SUSTAINMENT.
054 UNMANNED ISR......... 15,208 15,208
055 NON-STANDARD AVIATION 32,310 32,310
056 U-28................. 10,898 10,898
057 MH-47 CHINOOK........ 173,812 170,312
Excess growth..... [-3,500]
058 CV-22 MODIFICATION... 17,256 17,256
059 MQ-9 UNMANNED AERIAL 5,338 5,338
VEHICLE.
060 PRECISION STRIKE 232,930 232,930
PACKAGE.
061 AC/MC-130J........... 173,419 153,119
Realignment for [-8,500]
RFCM.
Realignment to [-8,800]
Future Vertical
Lift.
RFCM excess to [-3,000]
need.
062 C-130 MODIFICATIONS.. 15,582 15,582
SHIPBUILDING
063 UNDERWATER SYSTEMS... 58,991 58,991
AMMUNITION PROGRAMS
064 ORDNANCE ITEMS <$5M.. 279,992 279,992
OTHER PROCUREMENT
PROGRAMS
065 INTELLIGENCE SYSTEMS. 100,641 100,641
066 DISTRIBUTED COMMON 12,522 12,522
GROUND/SURFACE
SYSTEMS.
067 OTHER ITEMS <$5M..... 103,910 103,910
068 COMBATANT CRAFT 33,088 33,088
SYSTEMS.
069 SPECIAL PROGRAMS..... 63,467 63,467
070 TACTICAL VEHICLES.... 77,832 77,832
071 WARRIOR SYSTEMS <$5M. 298,480 298,480
072 COMBAT MISSION 19,702 19,702
REQUIREMENTS.
073 GLOBAL VIDEO 4,787 4,787
SURVEILLANCE
ACTIVITIES.
074 OPERATIONAL 8,175 8,175
ENHANCEMENTS
INTELLIGENCE.
075 OPERATIONAL 282,532 282,532
ENHANCEMENTS.
CBDP
076 CHEMICAL BIOLOGICAL 162,406 162,406
SITUATIONAL
AWARENESS.
077 CB PROTECTION & 188,188 188,188
HAZARD MITIGATION.
TOTAL PROCUREMENT, 5,114,416 5,085,616
DEFENSE-WIDE.
JOINT URGENT
OPERATIONAL NEEDS
FUND
JOINT URGENT
OPERATIONAL NEEDS
FUND
001 JOINT URGENT 99,200 0
OPERATIONAL NEEDS
FUND.
Program decrease.. [-99,200]
TOTAL JOINT URGENT 99,200 0
OPERATIONAL NEEDS
FUND.
TOTAL PROCUREMENT.... 132,343,701 130,592,919
------------------------------------------------------------------------
[[Page H5488]]
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2020 House
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
003 MQ-1 UAV............. 54,000 54,000
ROTARY
015 CH-47 HELICOPTER..... 25,000 25,000
MODIFICATION OF
AIRCRAFT
021 MULTI SENSOR ABN 80,260 80,260
RECON (MIP).
024 GRCS SEMA MODS (MIP). 750 750
026 EMARSS SEMA MODS 22,180 22,180
(MIP).
027 UTILITY/CARGO 8,362 8,362
AIRPLANE MODS.
029 NETWORK AND MISSION 10 10
PLAN.
031 DEGRADED VISUAL 49,450 0
ENVIRONMENT.
Early to need.... [-49,450]
GROUND SUPPORT
AVIONICS
037 CMWS................. 130,219 130,219
038 COMMON INFRARED 9,310 9,310
COUNTERMEASURES
(CIRCM).
OTHER SUPPORT
045 LAUNCHER GUIDED 2,000 2,000
MISSILE: LONGBOW
HELLFIRE XM2.
TOTAL AIRCRAFT 381,541 332,091
PROCUREMENT, ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
002 M-SHORAD--PROCUREMENT 158,300 158,300
003 MSE MISSILE.......... 37,938 37,938
AIR-TO-SURFACE
MISSILE SYSTEM
006 HELLFIRE SYS SUMMARY. 236,265 236,265
ANTI-TANK/ASSAULT
MISSILE SYS
008 JAVELIN (AAWS-M) 4,389 4,389
SYSTEM SUMMARY.
011 GUIDED MLRS ROCKET 431,596 431,596
(GMLRS).
014 ARMY TACTICAL MSL SYS 130,770 130,770
(ATACMS)--SYS SUM.
015 LETHAL MINIATURE 83,300 83,300
AERIAL MISSILE
SYSTEM (LMAMS.
MODIFICATIONS
019 STINGER MODS......... 7,500 7,500
022 MLRS MODS............ 348,000 325,000
Excess to need... [-23,000]
TOTAL MISSILE 1,438,058 1,415,058
PROCUREMENT, ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT
VEHICLES
002 ARMORED MULTI PURPOSE 221,638 221,638
VEHICLE (AMPV).
MODIFICATION OF
TRACKED COMBAT
VEHICLES
003 STRYKER (MOD)........ 4,100 4,100
008 IMPROVED RECOVERY 80,146 80,146
VEHICLE (M88A2
HERCULES).
013 M1 ABRAMS TANK (MOD). 13,100 13,100
WEAPONS & OTHER
COMBAT VEHICLES
015 M240 MEDIUM MACHINE 900 900
GUN (7.62MM).
016 MULTI-ROLE ANTI-ARMOR 2,400 2,400
ANTI-PERSONNEL
WEAPON S.
019 MORTAR SYSTEMS....... 18,941 18,941
020 XM320 GRENADE 526 526
LAUNCHER MODULE
(GLM).
023 CARBINE.............. 1,183 1,183
025 COMMON REMOTELY 4,182 4,182
OPERATED WEAPONS
STATION.
026 HANDGUN.............. 248 248
MOD OF WEAPONS AND
OTHER COMBAT VEH
031 M2 50 CAL MACHINE GUN 6,090 6,090
MODS.
TOTAL PROCUREMENT OF 353,454 353,454
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 567 567
TYPES.
002 CTG, 7.62MM, ALL 40 40
TYPES.
003 CTG, HANDGUN, ALL 17 17
TYPES.
004 CTG, .50 CAL, ALL 189 189
TYPES.
007 CTG, 30MM, ALL TYPES. 24,900 24,900
ARTILLERY AMMUNITION
015 PROJ 155MM EXTENDED 36,052 36,052
RANGE M982.
016 ARTILLERY 7,271 7,271
PROPELLANTS, FUZES
AND PRIMERS, ALL.
ROCKETS
018 SHOULDER LAUNCHED 176 176
MUNITIONS, ALL TYPES.
019 ROCKET, HYDRA 70, ALL 79,459 79,459
TYPES.
MISCELLANEOUS
027 ITEMS LESS THAN $5 11 11
MILLION (AMMO).
TOTAL PROCUREMENT OF 148,682 148,682
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
010 FAMILY OF HEAVY 26,917 26,917
TACTICAL VEHICLES
(FHTV).
011 PLS ESP.............. 16,941 16,941
012 HVY EXPANDED MOBILE 62,734 62,734
TACTICAL TRUCK EXT
SERV.
014 TACTICAL WHEELED 50,000 50,000
VEHICLE PROTECTION
KITS.
[[Page H5489]]
015 MODIFICATION OF IN 28,000 28,000
SVC EQUIP.
COMM--JOINT
COMMUNICATIONS
022 TACTICAL NETWORK 40,000 40,000
TECHNOLOGY MOD IN
SVC.
COMM--SATELLITE
COMMUNICATIONS
029 TRANSPORTABLE 6,930 6,930
TACTICAL COMMAND
COMMUNICATIONS.
031 ASSURED POSITIONING, 11,778 11,778
NAVIGATION AND
TIMING.
032 SMART-T (SPACE)...... 825 825
COMM--COMBAT
COMMUNICATIONS
040 RADIO TERMINAL SET, 350 350
MIDS LVT(2).
047 COTS COMMUNICATIONS 20,400 20,400
EQUIPMENT.
048 FAMILY OF MED COMM 1,231 1,231
FOR COMBAT CASUALTY
CARE.
COMM--INTELLIGENCE
COMM
051 CI AUTOMATION 6,200 6,200
ARCHITECTURE (MIP).
COMM--LONG HAUL
COMMUNICATIONS
059 BASE SUPPORT 20,482 15,482
COMMUNICATIONS.
Insufficient [-5,000]
budget
justification.
COMM--BASE
COMMUNICATIONS
060 INFORMATION SYSTEMS.. 55,800 50,800
Unjustified [-5,000]
growth.
063 INSTALLATION INFO 75,820 75,820
INFRASTRUCTURE MOD
PROGRAM.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
068 DCGS-A (MIP)......... 38,613 38,613
070 TROJAN (MIP)......... 1,337 1,337
071 MOD OF IN-SVC EQUIP 2,051 2,051
(INTEL SPT) (MIP).
075 BIOMETRIC TACTICAL 1,800 1,800
COLLECTION DEVICES
(MIP).
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
082 FAMILY OF PERSISTENT 71,493 31,493
SURVEILLANCE CAP.
(MIP).
Unjustified [-40,000]
growth.
083 COUNTERINTELLIGENCE/ 6,917 6,917
SECURITY
COUNTERMEASURES.
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
085 SENTINEL MODS........ 20,000 20,000
086 NIGHT VISION DEVICES. 3,676 3,676
094 JOINT BATTLE COMMAND-- 25,568 25,568
PLATFORM (JBC-P).
097 COMPUTER BALLISTICS: 570 570
LHMBC XM32.
098 MORTAR FIRE CONTROL 15,975 15,975
SYSTEM.
ELECT EQUIP--TACTICAL
C2 SYSTEMS
103 AIR & MSL DEFENSE 14,331 14,331
PLANNING & CONTROL
SYS.
ELECT EQUIP--
AUTOMATION
112 ARMY TRAINING 6,014 6,014
MODERNIZATION.
113 AUTOMATED DATA 32,700 32,700
PROCESSING EQUIP.
CHEMICAL DEFENSIVE
EQUIPMENT
124 FAMILY OF NON-LETHAL 25,480 25,480
EQUIPMENT (FNLE).
125 BASE DEFENSE SYSTEMS 47,110 47,110
(BDS).
126 CBRN DEFENSE......... 18,711 18,711
BRIDGING EQUIPMENT
128 TACTICAL BRIDGING.... 4,884 4,884
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
133 GRND STANDOFF MINE 4,500 4,500
DETECTN SYSM
(GSTAMIDS).
135 HUSKY MOUNTED 34,253 34,253
DETECTION SYSTEM
(HMDS).
136 ROBOTIC COMBAT 3,300 3,300
SUPPORT SYSTEM
(RCSS).
140 RENDER SAFE SETS KITS 84,000 84,000
OUTFITS.
COMBAT SERVICE
SUPPORT EQUIPMENT
143 HEATERS AND ECU'S.... 8 8
145 PERSONNEL RECOVERY 5,101 5,101
SUPPORT SYSTEM
(PRSS).
146 GROUND SOLDIER SYSTEM 1,760 1,760
148 FORCE PROVIDER....... 56,400 56,400
150 CARGO AERIAL DEL & 2,040 2,040
PERSONNEL PARACHUTE
SYSTEM.
PETROLEUM EQUIPMENT
154 DISTRIBUTION SYSTEMS, 13,986 13,986
PETROLEUM & WATER.
MEDICAL EQUIPMENT
155 COMBAT SUPPORT 2,735 2,735
MEDICAL.
CONSTRUCTION
EQUIPMENT
159 SCRAPERS, EARTHMOVING 4,669 4,669
160 LOADERS.............. 380 380
162 TRACTOR, FULL TRACKED 8,225 8,225
164 HIGH MOBILITY 3,000 3,000
ENGINEER EXCAVATOR
(HMEE).
166 CONST EQUIP ESP...... 3,870 3,870
167 ITEMS LESS THAN $5.0M 350 350
(CONST EQUIP).
GENERATORS
171 GENERATORS AND 2,436 2,436
ASSOCIATED EQUIP.
MATERIAL HANDLING
EQUIPMENT
173 FAMILY OF FORKLIFTS.. 5,152 5,152
TRAINING EQUIPMENT
175 TRAINING DEVICES, 2,106 2,106
NONSYSTEM.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
181 INTEGRATED FAMILY OF 1,395 1,395
TEST EQUIPMENT
(IFTE).
OTHER SUPPORT
EQUIPMENT
184 RAPID EQUIPPING 24,122 24,122
SOLDIER SUPPORT
EQUIPMENT.
185 PHYSICAL SECURITY 10,016 10,016
SYSTEMS (OPA3).
187 MODIFICATION OF IN- 33,354 33,354
SVC EQUIPMENT (OPA-
3).
189 BUILDING, PRE-FAB, 62,654 62,654
RELOCATABLE.
TOTAL OTHER 1,131,450 1,081,450
PROCUREMENT, ARMY.
[[Page H5490]]
AIRCRAFT PROCUREMENT,
NAVY
OTHER AIRCRAFT
026 STUASL0 UAV.......... 7,921 7,921
027 MQ-9A REAPER......... 77,000 0
Unjustified OCO [-77,000]
request.
MODIFICATION OF
AIRCRAFT
036 EP-3 SERIES.......... 5,488 5,488
046 SPECIAL PROJECT 3,498 3,498
AIRCRAFT.
051 COMMON ECM EQUIPMENT. 3,406 3,406
053 COMMON DEFENSIVE 3,274 3,274
WEAPON SYSTEM.
062 QRC.................. 18,458 18,458
TOTAL AIRCRAFT 119,045 42,045
PROCUREMENT, NAVY.
WEAPONS PROCUREMENT,
NAVY
TACTICAL MISSILES
011 JOINT AIR GROUND 90,966 90,966
MISSILE (JAGM).
015 AERIAL TARGETS....... 6,500 6,500
TOTAL WEAPONS 97,466 97,466
PROCUREMENT, NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 26,978 26,978
002 JDAM................. 12,263 12,263
003 AIRBORNE ROCKETS, ALL 45,020 45,020
TYPES.
004 MACHINE GUN 33,577 33,577
AMMUNITION.
005 PRACTICE BOMBS....... 11,903 11,903
006 CARTRIDGES & CART 15,081 15,081
ACTUATED DEVICES.
007 AIR EXPENDABLE 16,911 16,911
COUNTERMEASURES.
011 OTHER SHIP GUN 3,262 3,262
AMMUNITION.
012 SMALL ARMS & LANDING 1,010 1,010
PARTY AMMO.
013 PYROTECHNIC AND 537 537
DEMOLITION.
MARINE CORPS
AMMUNITION
016 MORTARS.............. 1,930 1,930
017 DIRECT SUPPORT 1,172 1,172
MUNITIONS.
018 INFANTRY WEAPONS 2,158 2,158
AMMUNITION.
019 COMBAT SUPPORT 965 965
MUNITIONS.
021 ARTILLERY MUNITIONS.. 32,047 32,047
TOTAL PROCUREMENT OF 204,814 204,814
AMMO, NAVY & MC.
OTHER PROCUREMENT,
NAVY
OTHER SHIPBOARD
EQUIPMENT
020 UNDERWATER EOD 5,800 5,800
PROGRAMS.
ASW ELECTRONIC
EQUIPMENT
042 FIXED SURVEILLANCE 310,503 310,503
SYSTEM.
SONOBUOYS
085 SONOBUOYS--ALL TYPES. 2,910 2,910
AIRCRAFT SUPPORT
EQUIPMENT
088 AIRCRAFT SUPPORT 13,420 13,420
EQUIPMENT.
094 AVIATION SUPPORT 500 500
EQUIPMENT.
OTHER ORDNANCE
SUPPORT EQUIPMENT
103 EXPLOSIVE ORDNANCE 15,307 15,307
DISPOSAL EQUIP.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
108 PASSENGER CARRYING 173 173
VEHICLES.
109 GENERAL PURPOSE 408 408
TRUCKS.
111 FIRE FIGHTING 785 785
EQUIPMENT.
SUPPLY SUPPORT
EQUIPMENT
117 SUPPLY EQUIPMENT..... 100 100
118 FIRST DESTINATION 510 510
TRANSPORTATION.
COMMAND SUPPORT
EQUIPMENT
122 COMMAND SUPPORT 2,800 2,800
EQUIPMENT.
123 MEDICAL SUPPORT 1,794 1,794
EQUIPMENT.
126 OPERATING FORCES 1,090 1,090
SUPPORT EQUIPMENT.
128 ENVIRONMENTAL SUPPORT 200 200
EQUIPMENT.
129 PHYSICAL SECURITY 1,300 1,300
EQUIPMENT.
TOTAL OTHER 357,600 357,600
PROCUREMENT, NAVY.
PROCUREMENT, MARINE
CORPS
GUIDED MISSILES
012 GUIDED MLRS ROCKET 16,919 16,919
(GMLRS).
ENGINEER AND OTHER
EQUIPMENT
045 EOD SYSTEMS.......... 3,670 3,670
TOTAL PROCUREMENT, 20,589 20,589
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
OTHER AIRCRAFT
017 MQ-9................. 172,240 172,240
018 RQ-20B PUMA.......... 12,150 12,150
STRATEGIC AIRCRAFT
022 LARGE AIRCRAFT 53,335 53,335
INFRARED
COUNTERMEASURES.
OTHER AIRCRAFT
067 MQ-9 UAS PAYLOADS.... 19,800 19,800
[[Page H5491]]
AIRCRAFT SPARES AND
REPAIR PARTS
069 INITIAL SPARES/REPAIR 44,560 44,560
PARTS.
COMMON SUPPORT
EQUIPMENT
072 AIRCRAFT REPLACEMENT 7,025 7,025
SUPPORT EQUIP.
TOTAL AIRCRAFT 309,110 309,110
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
TACTICAL
004 JOINT AIR-SURFACE 20,900 20,900
STANDOFF MISSILE.
008 PREDATOR HELLFIRE 180,771 180,771
MISSILE.
TOTAL MISSILE 201,671 201,671
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 84,960 84,960
CARTRIDGES
002 CARTRIDGES........... 52,642 52,642
BOMBS
004 GENERAL PURPOSE BOMBS 545,309 545,309
FLARES
015 FLARES............... 93,272 93,272
FUZES
016 FUZES................ 157,155 157,155
SMALL ARMS
017 SMALL ARMS........... 6,095 6,095
TOTAL PROCUREMENT OF 939,433 939,433
AMMUNITION, AIR
FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 1,276 1,276
VEHICLES.
CARGO AND UTILITY
VEHICLES
004 CARGO AND UTILITY 9,702 9,702
VEHICLES.
SPECIAL PURPOSE
VEHICLES
005 JOINT LIGHT TACTICAL 40,999 40,999
VEHICLE.
007 SPECIAL PURPOSE 52,502 52,502
VEHICLES.
FIRE FIGHTING
EQUIPMENT
008 FIRE FIGHTING/CRASH 16,652 16,652
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
009 MATERIALS HANDLING 2,944 2,944
VEHICLES.
BASE MAINTENANCE
SUPPORT
010 RUNWAY SNOW REMOV AND 3,753 3,753
CLEANING EQU.
011 BASE MAINTENANCE 11,837 11,837
SUPPORT VEHICLES.
SPCL COMM-ELECTRONICS
PROJECTS
027 GENERAL INFORMATION 5,000 5,000
TECHNOLOGY.
031 AIR FORCE PHYSICAL 106,919 106,919
SECURITY SYSTEM.
ORGANIZATION AND BASE
048 TACTICAL C-E 306 306
EQUIPMENT.
052 BASE COMM 4,300 4,300
INFRASTRUCTURE.
PERSONAL SAFETY &
RESCUE EQUIP
054 PERSONAL SAFETY AND 22,200 22,200
RESCUE EQUIPMENT.
BASE SUPPORT
EQUIPMENT
059 MOBILITY EQUIPMENT... 26,535 26,535
060 FUELS SUPPORT 4,040 4,040
EQUIPMENT (FSE).
061 BASE MAINTENANCE AND 20,067 20,067
SUPPORT EQUIPMENT.
CLASSIFIED PROGRAMS
066A CLASSIFIED PROGRAMS.. 3,209,066 3,209,066
TOTAL OTHER 3,538,098 3,538,098
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, DISA
009 TELEPORT PROGRAM..... 3,800 3,800
012 DEFENSE INFORMATION 12,000 12,000
SYSTEM NETWORK.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
027 COUNTER IED & 4,590 4,590
IMPROVISED THREAT
TECHNOLOGIES.
CLASSIFIED PROGRAMS
049A CLASSIFIED PROGRAMS.. 51,380 51,380
AVIATION PROGRAMS
050 MANNED ISR........... 5,000 5,000
051 MC-12................ 5,000 5,000
052 MH-60 BLACKHAWK...... 28,100 28,100
054 UNMANNED ISR......... 8,207 8,207
056 U-28................. 31,500 31,500
057 MH-47 CHINOOK........ 37,500 34,500
Excess growth.... [-3,000]
059 MQ-9 UNMANNED AERIAL 1,900 1,900
VEHICLE.
AMMUNITION PROGRAMS
064 ORDNANCE ITEMS <$5M.. 138,252 138,252
OTHER PROCUREMENT
PROGRAMS
065 INTELLIGENCE SYSTEMS. 16,500 16,500
067 OTHER ITEMS <$5M..... 28 28
070 TACTICAL VEHICLES.... 2,990 2,990
071 WARRIOR SYSTEMS <$5M. 37,512 37,512
[[Page H5492]]
072 COMBAT MISSION 10,000 10,000
REQUIREMENTS.
074 OPERATIONAL 7,594 7,594
ENHANCEMENTS
INTELLIGENCE.
075 OPERATIONAL 45,194 45,194
ENHANCEMENTS.
TOTAL PROCUREMENT, 447,047 444,047
DEFENSE-WIDE.
NATIONAL GUARD AND
RESERVE EQUIPMENT
UNDISTRIBUTED
Program increase. [415,000]
TOTAL NATIONAL GUARD 415,000
AND RESERVE
EQUIPMENT.
TOTAL PROCUREMENT.... 9,688,058 9,900,608
------------------------------------------------------------------------
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
----------------------------------------------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2020 House
Line Program Element Item Request Authorized
----------------------------------------------------------------------------------------------------------------
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, ARMY
.................................. BASIC RESEARCH
002 0601102A DEFENSE RESEARCH SCIENCES......... 297,976 297,976
003 0601103A UNIVERSITY RESEARCH INITIATIVES... 65,858 65,858
004 0601104A UNIVERSITY AND INDUSTRY RESEARCH 86,164 98,164
CENTERS.
.................................. Program increase............... [7,000]
.................................. Program increase--military [5,000]
medical innovation.
005 0601121A CYBER COLLABORATIVE RESEARCH 4,982 4,982
ALLIANCE.
.................................. SUBTOTAL BASIC RESEARCH........... 454,980 466,980
..................................
.................................. APPLIED RESEARCH
010 0602141A LETHALITY TECHNOLOGY.............. 26,961 26,961
011 0602142A ARMY APPLIED RESEARCH............. 25,319 25,319
012 0602143A SOLDIER LETHALITY TECHNOLOGY...... 115,274 125,274
.................................. Expeditionary mobile base camp [5,000]
technology.
.................................. HEROES program................. [5,000]
013 0602144A GROUND TECHNOLOGY................. 35,199 45,199
.................................. High performance polymers [5,000]
research.
.................................. Manufacturing research [5,000]
technology.
014 0602145A NEXT GENERATION COMBAT VEHICLE 219,047 225,047
TECHNOLOGY.
.................................. Structural thermoplastics...... [6,000]
015 0602146A NETWORK C3I TECHNOLOGY............ 114,516 120,016
.................................. Assured PNT lab................ [3,000]
.................................. Next generation SAR small sat.. [2,500]
016 0602147A LONG RANGE PRECISION FIRES 74,327 79,327
TECHNOLOGY.
.................................. NextGen propulsion cycle [5,000]
artillery range extension.
017 0602148A FUTURE VERTICLE LIFT TECHNOLOGY... 93,601 96,601
.................................. Program increase............... [3,000]
018 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY 50,771 50,771
020 0602213A C3I APPLIED CYBER................. 18,947 18,947
023 0602307A ADVANCED WEAPONS TECHNOLOGY....... 5,000
.................................. Directed energy test range [5,000]
workloads.
037 0602784A MILITARY ENGINEERING TECHNOLOGY... 5,000
.................................. Cellulose nanocomposites [5,000]
research.
038 0602785A MANPOWER/PERSONNEL/TRAINING 20,873 20,873
TECHNOLOGY.
040 0602787A MEDICAL TECHNOLOGY................ 99,155 102,155
.................................. Program increase............... [3,000]
.................................. SUBTOTAL APPLIED RESEARCH......... 893,990 946,490
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
041 0603001A WARFIGHTER ADVANCED TECHNOLOGY.... 5,000
.................................. Expeditionary maneuver support [5,000]
technologies.
042 0603002A MEDICAL ADVANCED TECHNOLOGY....... 42,030 42,030
047 0603007A MANPOWER, PERSONNEL AND TRAINING 11,038 11,038
ADVANCED TECHNOLOGY.
050 0603117A ARMY ADVANCED TECHNOLOGY 63,338 63,338
DEVELOPMENT.
051 0603118A SOLDIER LETHALITY ADVANCED 118,468 128,468
TECHNOLOGY.
.................................. Microlattic technology for [5,000]
combat helmet improvements.
.................................. Thermal mitigation technologies [5,000]
052 0603119A GROUND ADVANCED TECHNOLOGY........ 12,593 17,593
.................................. Ground advanced technology for [5,000]
cold regions.
059 0603457A C3I CYBER ADVANCED DEVELOPMENT.... 13,769 13,769
060 0603461A HIGH PERFORMANCE COMPUTING 184,755 224,755
MODERNIZATION PROGRAM.
.................................. Program increase............... [40,000]
061 0603462A NEXT GENERATION COMBAT VEHICLE 160,035 170,035
ADVANCED TECHNOLOGY.
.................................. Program increase--hydrogen fuel [10,000]
cells.
062 0603463A NETWORK C3I ADVANCED TECHNOLOGY... 106,899 103,899
.................................. Underexecution................. [-3,000]
063 0603464A LONG RANGE PRECISION FIRES 174,386 179,386
ADVANCED TECHNOLOGY.
.................................. Program increase missile [5,000]
demonstrations.
[[Page H5493]]
064 0603465A FUTURE VERTICAL LIFT ADVANCED 151,640 146,640
TECHNOLOGY.
.................................. Excess to need................. [-5,000]
065 0603466A AIR AND MISSILE DEFENSE ADVANCED 60,613 60,613
TECHNOLOGY.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 1,099,564 1,166,564
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
073 0603305A ARMY MISSLE DEFENSE SYSTEMS 10,987 30,987
INTEGRATION.
.................................. Conventional mission [10,000]
capabilities.
.................................. System lab integration [10,000]
improvements.
074 0603327A AIR AND MISSILE DEFENSE SYSTEMS 15,148 15,148
ENGINEERING.
075 0603619A LANDMINE WARFARE AND BARRIER--ADV 92,915 92,915
DEV.
077 0603639A TANK AND MEDIUM CALIBER AMMUNITION 82,146 82,146
078 0603645A ARMORED SYSTEM MODERNIZATION--ADV 157,656 157,656
DEV.
079 0603747A SOLDIER SUPPORT AND SURVIVABILITY. 6,514 6,514
080 0603766A TACTICAL ELECTRONIC SURVEILLANCE 34,890 37,890
SYSTEM--ADV DEV.
.................................. Mobile ground terminal......... [3,000]
081 0603774A NIGHT VISION SYSTEMS ADVANCED 251,011 206,011
DEVELOPMENT.
.................................. IVAS insufficient justification [-45,000]
082 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY-- 15,132 15,132
DEM/VAL.
083 0603790A NATO RESEARCH AND DEVELOPMENT..... 5,406 5,406
084 0603801A AVIATION--ADV DEV................. 459,290 443,340
.................................. Early to need.................. [-15,950]
085 0603804A LOGISTICS AND ENGINEER EQUIPMENT-- 6,254 6,254
ADV DEV.
086 0603807A MEDICAL SYSTEMS--ADV DEV.......... 31,175 31,175
087 0603827A SOLDIER SYSTEMS--ADVANCED 22,113 22,113
DEVELOPMENT.
088 0604017A ROBOTICS DEVELOPMENT.............. 115,222 115,222
090 0604021A ELECTRONIC WARFARE TECHNOLOGY 18,043 18,043
MATURATION (MIP).
091 0604100A ANALYSIS OF ALTERNATIVES.......... 10,023 10,023
092 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT 40,745 40,745
SYSTEM (FTUAS).
093 0604114A LOWER TIER AIR MISSILE DEFENSE 427,772 427,772
(LTAMD) SENSOR.
094 0604115A TECHNOLOGY MATURATION INITIATIVES. 196,676 161,676
.................................. Insufficient schedule detail... [-35,000]
095 0604117A MANEUVER--SHORT RANGE AIR DEFENSE 33,100 29,100
(M-SHORAD).
.................................. Excess testing cost............ [-4,000]
097 0604119A ARMY ADVANCED COMPONENT 115,116 105,116
DEVELOPMENT & PROTOTYPING.
.................................. Early to need.................. [-10,000]
099 0604121A SYNTHETIC TRAINING ENVIRONMENT 136,761 111,761
REFINEMENT & PROTOTYPING.
.................................. Early to need (IVAS)........... [-25,000]
100 0604182A HYPERSONICS....................... 228,000 259,000
.................................. Transfer from RDTE Defense- [31,000]
Wide, line 124.
102 0604403A FUTURE INTERCEPTOR................ 8,000 8,000
103 0604541A UNIFIED NETWORK TRANSPORT......... 39,600 30,600
.................................. Early to need.................. [-9,000]
104 0604644A MOBILE MEDIUM RANGE MISSILE....... 20,000 0
.................................. Program decrease............... [-20,000]
106 0305251A CYBERSPACE OPERATIONS FORCES AND 52,102 52,102
FORCE SUPPORT.
107 1206120A ASSURED POSITIONING, NAVIGATION 192,562 150,062
AND TIMING (PNT).
.................................. Project cancellation........... [-42,500]
108 1206308A ARMY SPACE SYSTEMS INTEGRATION.... 104,996 54,996
.................................. Program delay.................. [-50,000]
.................................. SUBTOTAL ADVANCED COMPONENT 2,929,355 2,726,905
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
109 0604201A AIRCRAFT AVIONICS................. 29,164 29,164
110 0604270A ELECTRONIC WARFARE DEVELOPMENT.... 70,539 70,539
113 0604601A INFANTRY SUPPORT WEAPONS.......... 106,121 125,321
.................................. Army unfunded priority--NGSW [19,200]
program increase.
114 0604604A MEDIUM TACTICAL VEHICLES.......... 2,152 2,152
115 0604611A JAVELIN........................... 17,897 16,397
.................................. Qualification testing early to [-1,500]
need.
116 0604622A FAMILY OF HEAVY TACTICAL VEHICLES. 16,745 16,745
117 0604633A AIR TRAFFIC CONTROL............... 6,989 6,989
118 0604642A LIGHT TACTICAL WHEELED VEHICLES... 10,465 10,465
119 0604645A ARMORED SYSTEMS MODERNIZATION 310,152 295,152
(ASM)--ENG DEV.
.................................. Program delay.................. [-15,000]
120 0604710A NIGHT VISION SYSTEMS--ENG DEV..... 181,732 166,732
.................................. Insufficient justification [-15,000]
(IVAS).
121 0604713A COMBAT FEEDING, CLOTHING, AND 2,393 2,393
EQUIPMENT.
122 0604715A NON-SYSTEM TRAINING DEVICES--ENG 27,412 27,412
DEV.
123 0604741A AIR DEFENSE COMMAND, CONTROL AND 43,502 38,502
INTELLIGENCE--ENG DEV.
.................................. Historical underexecution...... [-5,000]
124 0604742A CONSTRUCTIVE SIMULATION SYSTEMS 11,636 11,636
DEVELOPMENT.
125 0604746A AUTOMATIC TEST EQUIPMENT 10,915 10,915
DEVELOPMENT.
126 0604760A DISTRIBUTIVE INTERACTIVE 7,801 7,801
SIMULATIONS (DIS)--ENG DEV.
127 0604768A BRILLIANT ANTI-ARMOR SUBMUNITION 25,000 20,000
(BAT).
.................................. PFAL excess.................... [-5,000]
128 0604780A COMBINED ARMS TACTICAL TRAINER 9,241 9,241
(CATT) CORE.
129 0604798A BRIGADE ANALYSIS, INTEGRATION AND 42,634 38,634
EVALUATION.
.................................. RCO support excess............. [-4,000]
130 0604802A WEAPONS AND MUNITIONS--ENG DEV.... 181,023 181,023
131 0604804A LOGISTICS AND ENGINEER EQUIPMENT-- 103,226 103,226
ENG DEV.
132 0604805A COMMAND, CONTROL, COMMUNICATIONS 12,595 12,595
SYSTEMS--ENG DEV.
[[Page H5494]]
133 0604807A MEDICAL MATERIEL/MEDICAL 48,264 48,264
BIOLOGICAL DEFENSE EQUIPMENT--ENG
DEV.
134 0604808A LANDMINE WARFARE/BARRIER--ENG DEV. 39,208 39,208
135 0604818A ARMY TACTICAL COMMAND & CONTROL 140,637 138,137
HARDWARE & SOFTWARE.
.................................. CPI2 testing previously funded. [-2,500]
136 0604820A RADAR DEVELOPMENT................. 105,243 105,243
137 0604822A GENERAL FUND ENTERPRISE BUSINESS 46,683 41,683
SYSTEM (GFEBS).
.................................. Program decrease............... [-5,000]
138 0604823A FIREFINDER........................ 17,294 17,294
139 0604827A SOLDIER SYSTEMS--WARRIOR DEM/VAL.. 5,803 4,803
.................................. Historical underexecution...... [-1,000]
140 0604852A SUITE OF SURVIVABILITY ENHANCEMENT 98,698 128,698
SYSTEMS--EMD.
.................................. Program increase for vehicle [30,000]
protection evaluation.
141 0604854A ARTILLERY SYSTEMS--EMD............ 15,832 10,832
.................................. Mobile howitzer testing early [-5,000]
to need.
142 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 126,537 126,537
143 0605018A INTEGRATED PERSONNEL AND PAY 142,773 99,773
SYSTEM-ARMY (IPPS-A).
.................................. Program decrease............... [-43,000]
144 0605028A ARMORED MULTI-PURPOSE VEHICLE 96,730 96,730
(AMPV).
145 0605029A INTEGRATED GROUND SECURITY 6,699 6,699
SURVEILLANCE RESPONSE CAPABILITY
(IGSSR-C).
146 0605030A JOINT TACTICAL NETWORK CENTER 15,882 15,882
(JTNC).
147 0605031A JOINT TACTICAL NETWORK (JTN)...... 40,808 40,808
149 0605033A GROUND-BASED OPERATIONAL 3,847 3,847
SURVEILLANCE SYSTEM--
EXPEDITIONARY (GBOSS-E).
150 0605034A TACTICAL SECURITY SYSTEM (TSS).... 6,928 6,928
151 0605035A COMMON INFRARED COUNTERMEASURES 34,488 34,488
(CIRCM).
152 0605036A COMBATING WEAPONS OF MASS 10,000 10,000
DESTRUCTION (CWMD).
154 0605038A NUCLEAR BIOLOGICAL CHEMICAL 6,054 6,054
RECONNAISSANCE VEHICLE (NBCRV)
SENSOR SUITE.
155 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT.. 62,262 62,262
156 0605042A TACTICAL NETWORK RADIO SYSTEMS 35,654 28,654
(LOW-TIER).
.................................. Excess growth.................. [-7,000]
157 0605047A CONTRACT WRITING SYSTEM........... 19,682 19,682
158 0605049A MISSILE WARNING SYSTEM 1,539 1,539
MODERNIZATION (MWSM).
159 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 64,557 64,557
160 0605052A INDIRECT FIRE PROTECTION 243,228 243,228
CAPABILITY INC 2--BLOCK 1.
161 0605053A GROUND ROBOTICS................... 41,308 41,308
162 0605054A EMERGING TECHNOLOGY INITIATIVES... 45,896 41,896
.................................. Testing and evaluation excess [-4,000]
growth.
163 0605203A ARMY SYSTEM DEVELOPMENT & 164,883 164,883
DEMONSTRATION.
165 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 9,500 9,500
166 0605457A ARMY INTEGRATED AIR AND MISSILE 208,938 203,938
DEFENSE (AIAMD).
.................................. Testing and evaluation excess [-5,000]
growth.
167 0605625A MANNED GROUND VEHICLE............. 378,400 378,400
168 0605766A NATIONAL CAPABILITIES INTEGRATION 7,835 9,835
(MIP).
.................................. Mobile ground terminal......... [2,000]
169 0605812A JOINT LIGHT TACTICAL VEHICLE 2,732 7,232
(JLTV) ENGINEERING AND
MANUFACTURING DEVELOPMENT PH.
.................................. Army requested realignment from [4,500]
OPA 7.
170 0605830A AVIATION GROUND SUPPORT EQUIPMENT. 1,664 1,664
172 0303032A TROJAN--RH12...................... 3,936 3,936
174 0304270A ELECTRONIC WARFARE DEVELOPMENT.... 19,675 19,675
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 3,549,431 3,487,131
DEMONSTRATION.
..................................
.................................. RDT&E MANAGEMENT SUPPORT
176 0604256A THREAT SIMULATOR DEVELOPMENT...... 14,117 14,117
177 0604258A TARGET SYSTEMS DEVELOPMENT........ 8,327 8,327
178 0604759A MAJOR T&E INVESTMENT.............. 136,565 136,565
179 0605103A RAND ARROYO CENTER................ 13,113 13,113
180 0605301A ARMY KWAJALEIN ATOLL.............. 238,691 226,691
.................................. Program decrease............... [-12,000]
181 0605326A CONCEPTS EXPERIMENTATION PROGRAM.. 42,922 42,922
183 0605601A ARMY TEST RANGES AND FACILITIES... 334,468 334,468
184 0605602A ARMY TECHNICAL TEST 46,974 51,974
INSTRUMENTATION AND TARGETS.
.................................. Program increase--space and [5,000]
missile cybersecurity.
185 0605604A SURVIVABILITY/LETHALITY ANALYSIS.. 35,075 35,075
186 0605606A AIRCRAFT CERTIFICATION............ 3,461 3,461
187 0605702A METEOROLOGICAL SUPPORT TO RDT&E 6,233 6,233
ACTIVITIES.
188 0605706A MATERIEL SYSTEMS ANALYSIS......... 21,342 21,342
189 0605709A EXPLOITATION OF FOREIGN ITEMS..... 11,168 11,168
190 0605712A SUPPORT OF OPERATIONAL TESTING.... 52,723 52,723
191 0605716A ARMY EVALUATION CENTER............ 60,815 60,815
192 0605718A ARMY MODELING & SIM X-CMD 2,527 2,527
COLLABORATION & INTEG.
193 0605801A PROGRAMWIDE ACTIVITIES............ 58,175 61,175
.................................. Program increase for transition [3,000]
costs.
194 0605803A TECHNICAL INFORMATION ACTIVITIES.. 25,060 25,060
195 0605805A MUNITIONS STANDARDIZATION, 44,458 49,458
EFFECTIVENESS AND SAFETY.
.................................. Advanced lightweight small arms [5,000]
and medium caliber ammunition.
196 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY 4,681 4,681
MGMT SUPPORT.
197 0605898A ARMY DIRECT REPORT HEADQUARTERS-- 53,820 53,820
R&D - MHA.
198 0606001A MILITARY GROUND-BASED CREW 4,291 4,291
TECHNOLOGY.
199 0606002A RONALD REAGAN BALLISTIC MISSILE 62,069 62,069
DEFENSE TEST SITE.
200 0606003A COUNTERINTEL AND HUMAN INTEL 1,050 1,050
MODERNIZATION.
201 0606942A ASSESSMENTS AND EVALUATIONS CYBER 4,500 4,500
VULNERABILITIES.
.................................. SUBTOTAL RDT&E MANAGEMENT SUPPORT. 1,286,625 1,287,625
[[Page H5495]]
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
204 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM.. 22,877 17,877
.................................. HIMARS excess growth........... [-5,000]
206 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT.... 8,491 8,491
207 0607131A WEAPONS AND MUNITIONS PRODUCT 15,645 15,645
IMPROVEMENT PROGRAMS.
209 0607134A LONG RANGE PRECISION FIRES (LRPF). 164,182 164,182
211 0607136A BLACKHAWK PRODUCT IMPROVEMENT 13,039 13,039
PROGRAM.
212 0607137A CHINOOK PRODUCT IMPROVEMENT 174,371 174,371
PROGRAM.
213 0607138A FIXED WING PRODUCT IMPROVEMENT 4,545 4,545
PROGRAM.
214 0607139A IMPROVED TURBINE ENGINE PROGRAM... 206,434 206,434
216 0607142A AVIATION ROCKET SYSTEM PRODUCT 24,221 14,221
IMPROVEMENT AND DEVELOPMENT.
.................................. Integrated munitions launcher [-10,000]
early to need.
217 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL 32,016 32,016
PRODUCTS.
218 0607145A APACHE FUTURE DEVELOPMENT......... 5,448 448
.................................. Unjustified request............ [-5,000]
219 0607312A ARMY OPERATIONAL SYSTEMS 49,526 49,526
DEVELOPMENT.
220 0607665A FAMILY OF BIOMETRICS.............. 1,702 1,702
221 0607865A PATRIOT PRODUCT IMPROVEMENT....... 96,430 96,430
222 0203728A JOINT AUTOMATED DEEP OPERATION 47,398 47,398
COORDINATION SYSTEM (JADOCS).
223 0203735A COMBAT VEHICLE IMPROVEMENT 334,463 324,463
PROGRAMS.
.................................. Early to need.................. [-10,000]
225 0203743A 155MM SELF-PROPELLED HOWITZER 214,246 214,246
IMPROVEMENTS.
226 0203744A AIRCRAFT MODIFICATIONS/PRODUCT 16,486 11,986
IMPROVEMENT PROGRAMS.
.................................. Excess to need................. [-4,500]
227 0203752A AIRCRAFT ENGINE COMPONENT 144 144
IMPROVEMENT PROGRAM.
228 0203758A DIGITIZATION...................... 5,270 5,270
229 0203801A MISSILE/AIR DEFENSE PRODUCT 1,287 1,287
IMPROVEMENT PROGRAM.
234 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY-- 732 732
OPERATIONAL SYSTEM DEV.
235 0205456A LOWER TIER AIR AND MISSILE DEFENSE 107,746 107,746
(AMD) SYSTEM.
236 0205778A GUIDED MULTIPLE-LAUNCH ROCKET 138,594 128,594
SYSTEM (GMLRS).
.................................. Testing excess to need......... [-10,000]
238 0303028A SECURITY AND INTELLIGENCE 13,845 13,845
ACTIVITIES.
239 0303140A INFORMATION SYSTEMS SECURITY 29,185 29,185
PROGRAM.
240 0303141A GLOBAL COMBAT SUPPORT SYSTEM...... 68,976 58,976
.................................. Program decrease............... [-10,000]
241 0303150A WWMCCS/GLOBAL COMMAND AND CONTROL 2,073 2,073
SYSTEM.
245 0305179A INTEGRATED BROADCAST SERVICE (IBS) 459 459
246 0305204A TACTICAL UNMANNED AERIAL VEHICLES. 5,097 5,097
247 0305206A AIRBORNE RECONNAISSANCE SYSTEMS... 11,177 11,177
248 0305208A DISTRIBUTED COMMON GROUND/SURFACE 38,121 38,121
SYSTEMS.
250 0305232A RQ-11 UAV......................... 3,218 3,218
251 0305233A RQ-7 UAV.......................... 7,817 7,817
252 0307665A BIOMETRICS ENABLED INTELLIGENCE... 2,000 2,000
253 0708045A END ITEM INDUSTRIAL PREPAREDNESS 59,848 64,848
ACTIVITIES.
.................................. Program increase--additive [5,000]
manufacturing technology
insertion.
254 1203142A SATCOM GROUND ENVIRONMENT (SPACE). 34,169 34,169
255 1208053A JOINT TACTICAL GROUND SYSTEM...... 10,275 10,275
255A 9999999999 CLASSIFIED PROGRAMS............... 7,273 7,273
.................................. SUBTOTAL OPERATIONAL SYSTEMS 1,978,826 1,929,326
DEVELOPMENT.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 12,192,771 12,011,021
& EVAL, ARMY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, NAVY
.................................. BASIC RESEARCH
001 0601103N UNIVERSITY RESEARCH INITIATIVES... 116,850 126,850
.................................. Advanced radar research........ [5,000]
.................................. Defense University research [5,000]
initiatives.
002 0601152N IN-HOUSE LABORATORY INDEPENDENT 19,121 19,121
RESEARCH.
003 0601153N DEFENSE RESEARCH SCIENCES......... 470,007 470,007
.................................. SUBTOTAL BASIC RESEARCH........... 605,978 615,978
..................................
.................................. APPLIED RESEARCH
004 0602114N POWER PROJECTION APPLIED RESEARCH. 18,546 25,546
.................................. Hypersonic testing facilities.. [7,000]
005 0602123N FORCE PROTECTION APPLIED RESEARCH. 119,517 162,517
.................................. Autonomous vehicle [10,000]
collaboration across maritime
domains.
.................................. Cyber-physical research........ [8,000]
.................................. Energy resilience.............. [5,000]
.................................. Hybrid composite struct. res. [5,000]
enhanced mobility.
.................................. Navy power and energy systems [5,000]
technology.
.................................. Program increase--direct air [10,000]
capture and blue carbon
research.
006 0602131M MARINE CORPS LANDING FORCE 56,604 61,604
TECHNOLOGY.
.................................. Interdisciplinary expeditionary [5,000]
cybersecurity research.
007 0602235N COMMON PICTURE APPLIED RESEARCH... 49,297 49,297
008 0602236N WARFIGHTER SUSTAINMENT APPLIED 63,825 68,825
RESEARCH.
.................................. Warfighter safety and [5,000]
performance.
009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED 83,497 83,497
RESEARCH.
010 0602435N OCEAN WARFIGHTING ENVIRONMENT 63,894 63,894
APPLIED RESEARCH.
011 0602651M JOINT NON-LETHAL WEAPONS APPLIED 6,346 6,346
RESEARCH.
012 0602747N UNDERSEA WARFARE APPLIED RESEARCH. 57,075 77,075
.................................. Academic partnerships for [10,000]
undersea vehicle research.
[[Page H5496]]
.................................. Resident autonomous undersea [10,000]
robotics.
013 0602750N FUTURE NAVAL CAPABILITIES APPLIED 154,755 154,755
RESEARCH.
014 0602782N MINE AND EXPEDITIONARY WARFARE 36,074 36,074
APPLIED RESEARCH.
015 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) 153,062 153,062
APPLIED RESEARCH.
016 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT-- 73,961 73,961
ONR FIELD ACITIVITIES.
.................................. SUBTOTAL APPLIED RESEARCH......... 936,453 1,016,453
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603123N FORCE PROTECTION ADVANCED 35,286 35,286
TECHNOLOGY.
018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED 9,499 9,499
TECHNOLOGY.
019 0603640M USMC ADVANCED TECHNOLOGY 172,847 177,847
DEMONSTRATION (ATD).
.................................. Program increase--modular [5,000]
advanced armed robotic system.
020 0603651M JOINT NON-LETHAL WEAPONS 13,307 13,307
TECHNOLOGY DEVELOPMENT.
021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED 231,907 231,907
TECHNOLOGY DEVELOPMENT.
022 0603680N MANUFACTURING TECHNOLOGY PROGRAM.. 60,138 80,138
.................................. Program increase............... [20,000]
023 0603729N WARFIGHTER PROTECTION ADVANCED 4,849 4,849
TECHNOLOGY.
025 0603758N NAVY WARFIGHTING EXPERIMENTS AND 67,739 67,739
DEMONSTRATIONS.
026 0603782N MINE AND EXPEDITIONARY WARFARE 13,335 13,335
ADVANCED TECHNOLOGY.
027 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) 133,303 176,303
ADVANCED TECHNOLOGY DEVELOPMENT.
.................................. Electromagnetic railgun........ [20,350]
.................................. Program increase............... [22,650]
.................................. SUBTOTAL ADVANCED TECHNOLOGY 742,210 810,210
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
028 0603207N AIR/OCEAN TACTICAL APPLICATIONS... 32,643 32,643
029 0603216N AVIATION SURVIVABILITY............ 11,919 11,919
030 0603251N AIRCRAFT SYSTEMS.................. 1,473 1,473
031 0603254N ASW SYSTEMS DEVELOPMENT........... 7,172 7,172
032 0603261N TACTICAL AIRBORNE RECONNAISSANCE.. 3,419 3,419
033 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 64,694 64,694
034 0603502N SURFACE AND SHALLOW WATER MINE 507,000 312,200
COUNTERMEASURES.
.................................. LUSV Design Contracts early to [-29,100]
need.
.................................. LUSV GFE early to need......... [-79,200]
.................................. LUSV program decrease.......... [-43,000]
.................................. MUSV program increase.......... [43,000]
.................................. Reduce one LUSV................ [-86,500]
035 0603506N SURFACE SHIP TORPEDO DEFENSE...... 15,800 15,800
036 0603512N CARRIER SYSTEMS DEVELOPMENT....... 4,997 4,997
037 0603525N PILOT FISH........................ 291,148 291,148
038 0603527N RETRACT LARCH..................... 11,980 11,980
039 0603536N RETRACT JUNIPER................... 129,163 129,163
040 0603542N RADIOLOGICAL CONTROL.............. 689 689
041 0603553N SURFACE ASW....................... 1,137 1,137
042 0603561N ADVANCED SUBMARINE SYSTEM 148,756 148,756
DEVELOPMENT.
043 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 11,192 11,192
044 0603563N SHIP CONCEPT ADVANCED DESIGN...... 81,846 67,846
.................................. Future surface combatant [-24,000]
concept development
concurrency.
.................................. Program increase............... [5,000]
.................................. Program increase--moving target [5,000]
defense.
045 0603564N SHIP PRELIMINARY DESIGN & 69,084 59,084
FEASIBILITY STUDIES.
.................................. Program decrease............... [-10,000]
046 0603570N ADVANCED NUCLEAR POWER SYSTEMS.... 181,652 181,652
047 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 25,408 30,408
.................................. Program increase............... [5,000]
048 0603576N CHALK EAGLE....................... 64,877 64,877
049 0603581N LITTORAL COMBAT SHIP (LCS)........ 9,934 9,934
050 0603582N COMBAT SYSTEM INTEGRATION......... 17,251 17,251
051 0603595N OHIO REPLACEMENT.................. 419,051 419,051
052 0603596N LCS MISSION MODULES............... 108,505 108,505
053 0603597N AUTOMATED TEST AND ANALYSIS....... 7,653 7,653
054 0603599N FRIGATE DEVELOPMENT............... 59,007 59,007
055 0603609N CONVENTIONAL MUNITIONS............ 9,988 9,988
056 0603635M MARINE CORPS GROUND COMBAT/SUPPORT 86,464 11,464
SYSTEM.
.................................. Insufficient justification and [-75,000]
contract delay.
057 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE 33,478 33,478
DEVELOPMENT.
058 0603713N OCEAN ENGINEERING TECHNOLOGY 5,619 5,619
DEVELOPMENT.
059 0603721N ENVIRONMENTAL PROTECTION.......... 20,564 20,564
060 0603724N NAVY ENERGY PROGRAM............... 26,514 49,514
.................................. Battery development and safety [13,000]
enterprise.
.................................. Marine energy systems for [10,000]
sensors and microgrids.
061 0603725N FACILITIES IMPROVEMENT............ 3,440 3,440
062 0603734N CHALK CORAL....................... 346,800 346,800
063 0603739N NAVY LOGISTIC PRODUCTIVITY........ 3,857 3,857
064 0603746N RETRACT MAPLE..................... 258,519 258,519
065 0603748N LINK PLUMERIA..................... 403,909 403,909
066 0603751N RETRACT ELM....................... 63,434 63,434
067 0603764N LINK EVERGREEN.................... 184,110 184,110
068 0603790N NATO RESEARCH AND DEVELOPMENT..... 7,697 7,697
069 0603795N LAND ATTACK TECHNOLOGY............ 9,086 9,086
070 0603851M JOINT NON-LETHAL WEAPONS TESTING.. 28,466 28,466
071 0603860N JOINT PRECISION APPROACH AND 51,341 51,341
LANDING SYSTEMS--DEM/VAL.
[[Page H5497]]
072 0603925N DIRECTED ENERGY AND ELECTRIC 118,169 118,169
WEAPON SYSTEMS.
073 0604014N F/A -18 INFRARED SEARCH AND TRACK 113,456 112,456
(IRST).
.................................. Program delay.................. [-1,000]
074 0604027N DIGITAL WARFARE OFFICE............ 50,120 50,120
075 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA 32,527 32,527
VEHICLES.
076 0604029N UNMANNED UNDERSEA VEHICLE CORE 54,376 54,376
TECHNOLOGIES.
077 0604030N RAPID PROTOTYPING, EXPERIMENTATION 36,197 36,197
AND DEMONSTRATION..
078 0604031N LARGE UNMANNED UNDERSEA VEHICLES.. 68,310 59,810
.................................. Early to need.................. [-8,500]
079 0604112N GERALD R. FORD CLASS NUCLEAR 121,310 121,310
AIRCRAFT CARRIER (CVN 78--80).
080 0604126N LITTORAL AIRBORNE MCM............. 17,248 17,248
081 0604127N SURFACE MINE COUNTERMEASURES...... 18,735 18,735
082 0604272N TACTICAL AIR DIRECTIONAL INFRARED 68,346 58,346
COUNTERMEASURES (TADIRCM).
.................................. Excess to need................. [-10,000]
084 0604289M NEXT GENERATION LOGISTICS......... 4,420 4,420
085 0604320M RAPID TECHNOLOGY CAPABILITY 4,558 4,558
PROTOTYPE.
086 0604454N LX (R)............................ 12,500 12,500
087 0604536N ADVANCED UNDERSEA PROTOTYPING..... 181,967 174,437
.................................. ORCA XLUUV prior year carryover [-7,530]
088 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS 5,500 5,500
(C-UAS).
089 0604659N PRECISION STRIKE WEAPONS 718,148 638,148
DEVELOPMENT PROGRAM.
.................................. Excess growth.................. [-80,000]
090 0604707N SPACE AND ELECTRONIC WARFARE (SEW) 5,263 5,263
ARCHITECTURE/ENGINEERING SUPPORT.
091 0604786N OFFENSIVE ANTI-SURFACE WARFARE 65,419 65,419
WEAPON DEVELOPMENT.
092 0303354N ASW SYSTEMS DEVELOPMENT--MIP...... 9,991 9,991
093 0304240M ADVANCED TACTICAL UNMANNED 21,157 39,657
AIRCRAFT SYSTEM.
.................................. KMAX Large Unmanned Logistics [18,500]
System USMC unfunded priority.
095 0304270N ELECTRONIC WARFARE DEVELOPMENT-- 609 609
MIP.
.................................. SUBTOTAL ADVANCED COMPONENT 5,559,062 5,204,732
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
096 0603208N TRAINING SYSTEM AIRCRAFT.......... 15,514 15,514
097 0604212N OTHER HELO DEVELOPMENT............ 28,835 28,835
098 0604214M AV-8B AIRCRAFT--ENG DEV........... 27,441 27,441
100 0604215N STANDARDS DEVELOPMENT............. 3,642 3,642
101 0604216N MULTI-MISSION HELICOPTER UPGRADE 19,196 19,196
DEVELOPMENT.
104 0604230N WARFARE SUPPORT SYSTEM............ 8,601 8,601
105 0604231N TACTICAL COMMAND SYSTEM........... 77,232 77,232
106 0604234N ADVANCED HAWKEYE.................. 232,752 232,752
107 0604245M H-1 UPGRADES...................... 65,359 64,859
.................................. Support cost growth............ [-500]
109 0604261N ACOUSTIC SEARCH SENSORS........... 47,013 47,013
110 0604262N V-22A............................. 185,105 172,105
.................................. Excess to need................. [-13,000]
111 0604264N AIR CREW SYSTEMS DEVELOPMENT...... 21,172 21,172
112 0604269N EA-18............................. 143,585 123,585
.................................. Unjustified cost growth........ [-20,000]
113 0604270N ELECTRONIC WARFARE DEVELOPMENT.... 116,811 109,651
.................................. Unjustified request............ [-7,160]
114 0604273M EXECUTIVE HELO DEVELOPMENT........ 187,436 187,436
116 0604274N NEXT GENERATION JAMMER (NGJ)...... 524,261 443,261
.................................. Underexecution................. [-81,000]
117 0604280N JOINT TACTICAL RADIO SYSTEM--NAVY 192,345 190,845
(JTRS-NAVY).
.................................. Early to need.................. [-1,500]
118 0604282N NEXT GENERATION JAMMER (NGJ) 111,068 111,068
INCREMENT II.
119 0604307N SURFACE COMBATANT COMBAT SYSTEM 415,625 415,625
ENGINEERING.
120 0604311N LPD-17 CLASS SYSTEMS INTEGRATION.. 640 640
121 0604329N SMALL DIAMETER BOMB (SDB)......... 50,096 50,096
122 0604366N STANDARD MISSILE IMPROVEMENTS..... 232,391 232,391
123 0604373N AIRBORNE MCM...................... 10,916 10,916
124 0604378N NAVAL INTEGRATED FIRE CONTROL-- 33,379 33,379
COUNTER AIR SYSTEMS ENGINEERING.
125 0604501N ADVANCED ABOVE WATER SENSORS...... 34,554 34,554
126 0604503N SSN-688 AND TRIDENT MODERNIZATION. 84,663 84,663
127 0604504N AIR CONTROL....................... 44,923 44,923
128 0604512N SHIPBOARD AVIATION SYSTEMS........ 10,632 10,632
129 0604518N COMBAT INFORMATION CENTER 16,094 16,094
CONVERSION.
130 0604522N AIR AND MISSILE DEFENSE RADAR 55,349 55,349
(AMDR) SYSTEM.
131 0604530N ADVANCED ARRESTING GEAR (AAG)..... 123,490 123,490
132 0604558N NEW DESIGN SSN.................... 121,010 121,010
133 0604562N SUBMARINE TACTICAL WARFARE SYSTEM. 62,426 62,426
134 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE 46,809 56,809
T&E.
.................................. Program increase--DDG-51 [10,000]
advanced degaussing.
135 0604574N NAVY TACTICAL COMPUTER RESOURCES.. 3,692 3,692
137 0604601N MINE DEVELOPMENT.................. 28,964 28,964
138 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT... 148,349 127,349
.................................. Excess to need................. [-21,000]
139 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE 8,237 8,237
DEVELOPMENT.
140 0604657M USMC GROUND COMBAT/SUPPORTING ARMS 22,000 22,000
SYSTEMS--ENG DEV.
141 0604703N PERSONNEL, TRAINING, SIMULATION, 5,500 5,500
AND HUMAN FACTORS.
142 0604727N JOINT STANDOFF WEAPON SYSTEMS..... 18,725 16,225
.................................. Excess to need................. [-2,500]
143 0604755N SHIP SELF DEFENSE (DETECT & 192,603 192,603
CONTROL).
[[Page H5498]]
144 0604756N SHIP SELF DEFENSE (ENGAGE: HARD 137,268 137,268
KILL).
145 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT 97,363 97,363
KILL/EW).
146 0604761N INTELLIGENCE ENGINEERING.......... 26,710 26,710
147 0604771N MEDICAL DEVELOPMENT............... 8,181 13,181
.................................. Enterotoxigenic escherichia [5,000]
coli research.
148 0604777N NAVIGATION/ID SYSTEM.............. 40,755 40,755
149 0604800M JOINT STRIKE FIGHTER (JSF)--EMD... 1,710 1,710
150 0604800N JOINT STRIKE FIGHTER (JSF)--EMD... 1,490 1,490
153 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 1,494 1,494
154 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 384,162 370,662
.................................. Unjustified growth over FY19 [-13,500]
projection.
155 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT.... 4,882 4,882
156 0605212M CH-53K RDTE....................... 516,955 496,955
.................................. Excess to need................. [-20,000]
158 0605215N MISSION PLANNING.................. 75,886 75,886
159 0605217N COMMON AVIONICS................... 43,187 43,187
160 0605220N SHIP TO SHORE CONNECTOR (SSC)..... 4,909 4,909
161 0605327N T-AO 205 CLASS.................... 1,682 1,682
162 0605414N UNMANNED CARRIER AVIATION (UCA)... 671,258 671,258
163 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) 18,393 12,393
.................................. Schedule delays................ [-6,000]
165 0605500N MULTI-MISSION MARITIME AIRCRAFT 21,472 21,472
(MMA).
166 0605504N MULTI-MISSION MARITIME (MMA) 177,234 177,234
INCREMENT III.
167 0605611M MARINE CORPS ASSAULT VEHICLES 77,322 69,121
SYSTEM DEVELOPMENT &
DEMONSTRATION.
.................................. Early to need.................. [-2,201]
.................................. Excess growth.................. [-6,000]
168 0605813M JOINT LIGHT TACTICAL VEHICLE 2,105 2,105
(JLTV) SYSTEM DEVELOPMENT &
DEMONSTRATION.
169 0204202N DDG-1000.......................... 111,435 111,435
172 0304785N TACTICAL CRYPTOLOGIC SYSTEMS...... 101,339 101,339
173 0306250M CYBER OPERATIONS TECHNOLOGY 26,406 26,406
DEVELOPMENT.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,332,033 6,152,672
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
174 0604256N THREAT SIMULATOR DEVELOPMENT...... 66,678 66,678
175 0604258N TARGET SYSTEMS DEVELOPMENT........ 12,027 12,027
176 0604759N MAJOR T&E INVESTMENT.............. 85,348 85,348
178 0605152N STUDIES AND ANALYSIS SUPPORT--NAVY 3,908 3,908
179 0605154N CENTER FOR NAVAL ANALYSES......... 47,669 47,669
180 0605285N NEXT GENERATION FIGHTER........... 20,698 20,698
182 0605804N TECHNICAL INFORMATION SERVICES.... 988 988
183 0605853N MANAGEMENT, TECHNICAL & 102,401 102,401
INTERNATIONAL SUPPORT.
184 0605856N STRATEGIC TECHNICAL SUPPORT....... 3,742 3,742
186 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT... 93,872 93,872
187 0605864N TEST AND EVALUATION SUPPORT....... 394,020 394,020
188 0605865N OPERATIONAL TEST AND EVALUATION 25,145 25,145
CAPABILITY.
189 0605866N NAVY SPACE AND ELECTRONIC WARFARE 15,773 15,773
(SEW) SUPPORT.
190 0605867N SEW SURVEILLANCE/RECONNAISSANCE 8,402 8,402
SUPPORT.
191 0605873M MARINE CORPS PROGRAM WIDE SUPPORT. 37,265 29,265
.................................. Unjustified growth............. [-8,000]
192 0605898N MANAGEMENT HQ--R&D................ 39,673 39,673
193 0606355N WARFARE INNOVATION MANAGEMENT..... 28,750 28,750
196 0305327N INSIDER THREAT.................... 2,645 2,645
197 0902498N MANAGEMENT HEADQUARTERS 1,460 1,460
(DEPARTMENTAL SUPPORT ACTIVITIES).
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 990,464 982,464
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
202 0604227N HARPOON MODIFICATIONS............. 2,302 2,302
203 0604840M F-35 C2D2......................... 422,881 422,881
204 0604840N F-35 C2D2......................... 383,741 383,741
205 0607658N COOPERATIVE ENGAGEMENT CAPABILITY 127,924 127,924
(CEC).
207 0101221N STRATEGIC SUB & WEAPONS SYSTEM 157,676 157,676
SUPPORT.
208 0101224N SSBN SECURITY TECHNOLOGY PROGRAM.. 43,354 43,354
209 0101226N SUBMARINE ACOUSTIC WARFARE 6,815 6,815
DEVELOPMENT.
210 0101402N NAVY STRATEGIC COMMUNICATIONS..... 31,174 31,174
211 0204136N F/A-18 SQUADRONS.................. 213,715 216,215
.................................. Block III support prior year [-7,500]
carryover.
.................................. Jet noise reduction research... [10,000]
213 0204228N SURFACE SUPPORT................... 36,389 45,389
.................................. WSN-12 Technology Insertion.... [9,000]
214 0204229N TOMAHAWK AND TOMAHAWK MISSION 320,134 320,134
PLANNING CENTER (TMPC).
215 0204311N INTEGRATED SURVEILLANCE SYSTEM.... 88,382 88,382
216 0204313N SHIP-TOWED ARRAY SURVEILLANCE 14,449 14,449
SYSTEMS.
217 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS 6,931 6,931
(DISPLACEMENT CRAFT).
218 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ 23,891 23,891
ATOR).
219 0204571N CONSOLIDATED TRAINING SYSTEMS 129,873 129,873
DEVELOPMENT.
221 0204575N ELECTRONIC WARFARE (EW) READINESS 82,325 62,325
SUPPORT.
.................................. Prior year carryover........... [-20,000]
222 0205601N HARM IMPROVEMENT.................. 138,431 132,431
.................................. AARGM ER test schedule [-6,000]
discrepancy.
224 0205620N SURFACE ASW COMBAT SYSTEM 29,572 29,572
INTEGRATION.
225 0205632N MK-48 ADCAP....................... 85,973 85,973
226 0205633N AVIATION IMPROVEMENTS............. 125,461 125,461
[[Page H5499]]
227 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS. 106,192 106,192
228 0206313M MARINE CORPS COMMUNICATIONS 143,317 134,317
SYSTEMS.
.................................. Program delay.................. [-9,000]
229 0206335M COMMON AVIATION COMMAND AND 4,489 4,489
CONTROL SYSTEM (CAC2S).
230 0206623M MARINE CORPS GROUND COMBAT/ 51,788 51,788
SUPPORTING ARMS SYSTEMS.
231 0206624M MARINE CORPS COMBAT SERVICES 37,761 37,761
SUPPORT.
232 0206625M USMC INTELLIGENCE/ELECTRONIC 21,458 21,458
WARFARE SYSTEMS (MIP).
233 0206629M AMPHIBIOUS ASSAULT VEHICLE........ 5,476 5,476
234 0207161N TACTICAL AIM MISSILES............. 19,488 19,488
235 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR 39,029 34,529
MISSILE (AMRAAM).
.................................. Prior year carryover........... [-4,500]
239 0303109N SATELLITE COMMUNICATIONS (SPACE).. 34,344 34,344
240 0303138N CONSOLIDATED AFLOAT NETWORK 22,873 22,873
ENTERPRISE SERVICES (CANES).
241 0303140N INFORMATION SYSTEMS SECURITY 41,853 41,853
PROGRAM.
243 0305192N MILITARY INTELLIGENCE PROGRAM 8,913 8,913
(MIP) ACTIVITIES.
244 0305204N TACTICAL UNMANNED AERIAL VEHICLES. 9,451 9,451
245 0305205N UAS INTEGRATION AND 42,315 42,315
INTEROPERABILITY.
246 0305208M DISTRIBUTED COMMON GROUND/SURFACE 22,042 22,042
SYSTEMS.
248 0305220N MQ-4C TRITON...................... 11,784 11,784
249 0305231N MQ-8 UAV.......................... 29,618 29,618
250 0305232M RQ-11 UAV......................... 509 509
251 0305234N SMALL (LEVEL 0) TACTICAL UAS 11,545 11,545
(STUASL0).
252 0305239M RQ-21A............................ 10,914 10,914
253 0305241N MULTI-INTELLIGENCE SENSOR 70,612 70,612
DEVELOPMENT.
254 0305242M UNMANNED AERIAL SYSTEMS (UAS) 3,704 3,704
PAYLOADS (MIP).
255 0305421N RQ-4 MODERNIZATION................ 202,346 202,346
256 0308601N MODELING AND SIMULATION SUPPORT... 7,119 7,119
257 0702207N DEPOT MAINTENANCE (NON-IF)........ 38,182 38,182
258 0708730N MARITIME TECHNOLOGY (MARITECH).... 6,779 6,779
259 1203109N SATELLITE COMMUNICATIONS (SPACE).. 15,868 15,868
259A 9999999999 CLASSIFIED PROGRAMS............... 1,613,137 1,613,137
.................................. SUBTOTAL OPERATIONAL SYSTEMS 5,104,299 5,076,299
DEVELOPMENT.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 20,270,499 19,858,808
& EVAL, NAVY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, AF
.................................. BASIC RESEARCH
001 0601102F DEFENSE RESEARCH SCIENCES......... 356,107 356,107
002 0601103F UNIVERSITY RESEARCH INITIATIVES... 158,859 158,859
003 0601108F HIGH ENERGY LASER RESEARCH 14,795 14,795
INITIATIVES.
.................................. SUBTOTAL BASIC RESEARCH........... 529,761 529,761
..................................
.................................. APPLIED RESEARCH
004 0602102F MATERIALS......................... 128,851 143,851
.................................. Advanced thermal protection [10,000]
systems.
.................................. Program increase--flexible [5,000]
biosensors.
005 0602201F AEROSPACE VEHICLE TECHNOLOGIES.... 147,724 147,724
006 0602202F HUMAN EFFECTIVENESS APPLIED 131,795 131,795
RESEARCH.
007 0602203F AEROSPACE PROPULSION.............. 198,775 213,775
.................................. Educational partnership [10,000]
agreements for aerospace
propulsion.
.................................. Electrical power/thermal [5,000]
management systems.
008 0602204F AEROSPACE SENSORS................. 202,912 202,912
010 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT-- 7,968 7,968
MAJOR HEADQUARTERS ACTIVITIES.
012 0602602F CONVENTIONAL MUNITIONS............ 142,772 142,772
013 0602605F DIRECTED ENERGY TECHNOLOGY........ 124,379 124,379
014 0602788F DOMINANT INFORMATION SCIENCES AND 181,562 186,562
METHODS.
.................................. Detection and countering of [5,000]
adversarial UAS.
015 0602890F HIGH ENERGY LASER RESEARCH........ 44,221 44,221
016 1206601F SPACE TECHNOLOGY.................. 124,667 124,667
.................................. SUBTOTAL APPLIED RESEARCH......... 1,435,626 1,470,626
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603112F ADVANCED MATERIALS FOR WEAPON 36,586 41,586
SYSTEMS.
.................................. Metals affordability initiative [5,000]
018 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY 16,249 16,249
(S&T).
019 0603203F ADVANCED AEROSPACE SENSORS........ 38,292 38,292
020 0603211F AEROSPACE TECHNOLOGY DEV/DEMO..... 102,949 122,949
.................................. High speed vertical lift [5,000]
demonstration.
.................................. Low cost attritable aircraft [15,000]
technology.
021 0603216F AEROSPACE PROPULSION AND POWER 113,973 118,973
TECHNOLOGY.
.................................. Electrical power systems....... [5,000]
022 0603270F ELECTRONIC COMBAT TECHNOLOGY...... 48,408 48,408
023 0603401F ADVANCED SPACECRAFT TECHNOLOGY.... 70,525 70,525
024 0603444F MAUI SPACE SURVEILLANCE SYSTEM 11,878 11,878
(MSSS).
025 0603456F HUMAN EFFECTIVENESS ADVANCED 37,542 37,542
TECHNOLOGY DEVELOPMENT.
026 0603601F CONVENTIONAL WEAPONS TECHNOLOGY... 225,817 225,817
027 0603605F ADVANCED WEAPONS TECHNOLOGY....... 37,404 37,404
028 0603680F MANUFACTURING TECHNOLOGY PROGRAM.. 43,116 59,116
.................................. Aerospace composites [10,000]
manufacturing.
.................................. Program increase............... [6,000]
029 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT 56,414 56,414
AND DEMONSTRATION.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 839,153 885,153
DEVELOPMENT.
[[Page H5500]]
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
031 0603260F INTELLIGENCE ADVANCED DEVELOPMENT. 5,672 5,672
032 0603742F COMBAT IDENTIFICATION TECHNOLOGY.. 27,085 27,085
033 0603790F NATO RESEARCH AND DEVELOPMENT..... 4,955 4,955
034 0603851F INTERCONTINENTAL BALLISTIC 44,109 44,109
MISSILE--DEM/VAL.
036 0604002F AIR FORCE WEATHER SERVICES 772 772
RESEARCH.
037 0604004F ADVANCED ENGINE DEVELOPMENT....... 878,442 849,442
.................................. Unjustified budget growth...... [-29,000]
038 0604015F LONG RANGE STRIKE--BOMBER......... 3,003,899 3,003,899
039 0604032F DIRECTED ENERGY PROTOTYPING....... 10,000 20,000
.................................. High-value airborne asset [10,000]
protection.
040 0604033F HYPERSONICS PROTOTYPING........... 576,000 536,000
.................................. Program concurrency............ [-40,000]
041 0604201F PNT RESILIENCY, MODS, AND 92,600 124,600
IMPROVEMENTS.
.................................. Program increase............... [32,000]
042 0604257F ADVANCED TECHNOLOGY AND SENSORS... 23,145 23,145
043 0604288F NATIONAL AIRBORNE OPS CENTER 16,669 16,669
(NAOC) RECAP.
044 0604317F TECHNOLOGY TRANSFER............... 23,614 23,614
045 0604327F HARD AND DEEPLY BURIED TARGET 113,121 113,121
DEFEAT SYSTEM (HDBTDS) PROGRAM.
046 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS- 56,325 56,325
ACS.
047 0604776F DEPLOYMENT & DISTRIBUTION 28,034 28,034
ENTERPRISE R&D.
048 0604858F TECH TRANSITION PROGRAM........... 128,476 128,476
049 0605230F GROUND BASED STRATEGIC DETERRENT.. 570,373 489,395
.................................. Program reduction.............. [-103,000]
.................................. Technical adjustment for NC3... [22,022]
050 0207100F LIGHT ATTACK ARMED RECONNAISSANCE 35,000 35,000
(LAAR) SQUADRONS.
051 0207110F NEXT GENERATION AIR DOMINANCE..... 1,000,000 500,000
.................................. Cost-risk associated with [-500,000]
development profile.
052 0207455F THREE DIMENSIONAL LONG-RANGE RADAR 37,290 37,290
(3DELRR).
053 0208099F UNIFIED PLATFORM (UP)............. 10,000 10,000
054 0305236F COMMON DATA LINK EXECUTIVE AGENT 36,910 36,910
(CDL EA).
055 0305251F CYBERSPACE OPERATIONS FORCES AND 35,000 35,000
FORCE SUPPORT.
056 0305601F MISSION PARTNER ENVIRONMENTS...... 8,550 8,550
057 0306250F CYBER OPERATIONS TECHNOLOGY 198,864 198,864
DEVELOPMENT.
058 0306415F ENABLED CYBER ACTIVITIES.......... 16,632 16,632
060 0901410F CONTRACTING INFORMATION TECHNOLOGY 20,830 20,830
SYSTEM.
061 1203164F NAVSTAR GLOBAL POSITIONING SYSTEM 329,948 329,948
(USER EQUIPMENT) (SPACE).
062 1203710F EO/IR WEATHER SYSTEMS............. 101,222 101,222
063 1206422F WEATHER SYSTEM FOLLOW-ON.......... 225,660 205,660
.................................. Unjustified growth............. [-20,000]
064 1206425F SPACE SITUATION AWARENESS SYSTEMS. 29,776 29,776
065 1206427F SPACE SYSTEMS PROTOTYPE 142,045 162,045
TRANSITIONS (SSPT).
.................................. Accelerate Blackjack prototype [20,000]
demonstration and tech
maturation.
067 1206438F SPACE CONTROL TECHNOLOGY.......... 64,231 58,231
.................................. Unjustified growth............. [-6,000]
068 1206730F SPACE SECURITY AND DEFENSE PROGRAM 56,385 56,385
069 1206760F PROTECTED TACTICAL ENTERPRISE 105,003 105,003
SERVICE (PTES).
070 1206761F PROTECTED TACTICAL SERVICE (PTS).. 173,694 166,194
.................................. Unjustified growth............. [-7,500]
071 1206855F EVOLVED STRATEGIC SATCOM (ESS).... 172,206 172,206
072 1206857F SPACE RAPID CAPABILITIES OFFICE... 33,742 30,742
.................................. Program decrease............... [-3,000]
.................................. SUBTOTAL ADVANCED COMPONENT 8,436,279 7,811,801
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
073 0604200F FUTURE ADVANCED WEAPON ANALYSIS & 246,200 200
PROGRAMS.
.................................. Unjustified requirement........ [-246,000]
074 0604201F PNT RESILIENCY, MODS, AND 67,782 67,782
IMPROVEMENTS.
075 0604222F NUCLEAR WEAPONS SUPPORT........... 4,406 4,406
076 0604270F ELECTRONIC WARFARE DEVELOPMENT.... 2,066 2,066
077 0604281F TACTICAL DATA NETWORKS ENTERPRISE. 229,631 210,331
.................................. Prior-year carryover........... [-19,300]
078 0604287F PHYSICAL SECURITY EQUIPMENT....... 9,700 9,700
079 0604329F SMALL DIAMETER BOMB (SDB)--EMD.... 31,241 41,241
.................................. Program efficiency initiative.. [10,000]
080 0604429F AIRBORNE ELECTRONIC ATTACK........ 2 2
081 0604602F ARMAMENT/ORDNANCE DEVELOPMENT..... 28,043 22,543
.................................. Unjustified requirement (JAGM- [-5,500]
F).
082 0604604F SUBMUNITIONS...................... 3,045 3,045
083 0604617F AGILE COMBAT SUPPORT.............. 19,944 19,944
084 0604706F LIFE SUPPORT SYSTEMS.............. 8,624 16,624
.................................. Next-gen ejection seat [8,000]
qualification.
085 0604735F COMBAT TRAINING RANGES............ 37,365 37,365
086 0604800F F-35--EMD......................... 7,628 7,628
087 0604932F LONG RANGE STANDOFF WEAPON........ 712,539 712,539
088 0604933F ICBM FUZE MODERNIZATION........... 161,199 161,199
089 0605030F JOINT TACTICAL NETWORK CENTER 2,414 2,414
(JTNC).
091 0605056F OPEN ARCHITECTURE MANAGEMENT...... 30,000 30,000
093 0605221F KC-46............................. 59,561 59,561
094 0605223F ADVANCED PILOT TRAINING........... 348,473 348,473
095 0605229F COMBAT RESCUE HELICOPTER.......... 247,047 246,047
[[Page H5501]]
.................................. Support cost growth............ [-1,000]
098 0605931F B-2 DEFENSIVE MANAGEMENT SYSTEM... 294,400 294,400
099 0101125F NUCLEAR WEAPONS MODERNIZATION..... 27,564 27,564
101 0207171F F-15 EPAWSS....................... 47,322 47,322
102 0207328F STAND IN ATTACK WEAPON............ 162,840 127,840
.................................. Unjustified program growth..... [-35,000]
103 0207701F FULL COMBAT MISSION TRAINING...... 9,797 9,797
106 0401310F C-32 EXECUTIVE TRANSPORT 9,930 9,930
RECAPITALIZATION.
107 0401319F VC-25B............................ 757,923 757,923
108 0701212F AUTOMATED TEST SYSTEMS............ 2,787 2,787
109 1203176F COMBAT SURVIVOR EVADER LOCATOR.... 2,000 2,000
110 1203269F GPS III FOLLOW-ON (GPS IIIF)...... 462,875 452,875
.................................. Unjustified growth............. [-10,000]
111 1203940F SPACE SITUATION AWARENESS 76,829 56,829
OPERATIONS.
.................................. GBOSS unjustified growth.......... [-20,000]
112 1206421F COUNTERSPACE SYSTEMS.............. 29,037 34,037
.................................. Counterspace communications [5,000]
systems pre-planned product
improvement.
113 1206422F WEATHER SYSTEM FOLLOW-ON.......... 2,237 2,237
114 1206425F SPACE SITUATION AWARENESS SYSTEMS. 412,894 362,894
.................................. Unexecutable growth............ [-50,000]
116 1206431F ADVANCED EHF MILSATCOM (SPACE).... 117,290 117,290
117 1206432F POLAR MILSATCOM (SPACE)........... 427,400 427,400
118 1206433F WIDEBAND GLOBAL SATCOM (SPACE).... 1,920 1,920
119 1206441F SPACE BASED INFRARED SYSTEM 1 1
(SBIRS) HIGH EMD.
120 1206442F NEXT GENERATION OPIR.............. 1,395,278 1,018,878
.................................. Unexecutable funding profile... [-293,100]
.................................. Unexecutable funding profile [-83,300]
(ground).
121 1206445F COMMERCIAL SATCOM (COMSATCOM) 10,000
INTEGRATION.
.................................. Accelerate integration of [10,000]
COMSATCOM capabilities.
122 1206853F NATIONAL SECURITY SPACE LAUNCH 432,009 432,009
PROGRAM (SPACE)--EMD.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,929,243 6,199,043
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
123 0604256F THREAT SIMULATOR DEVELOPMENT...... 59,693 59,693
124 0604759F MAJOR T&E INVESTMENT.............. 181,663 183,663
.................................. Telemetry extension SATCOM [2,000]
relay.
125 0605101F RAND PROJECT AIR FORCE............ 35,258 35,258
127 0605712F INITIAL OPERATIONAL TEST & 13,793 13,793
EVALUATION.
128 0605807F TEST AND EVALUATION SUPPORT....... 717,895 743,395
.................................. Overwater range telemetry [25,500]
improvements.
129 0605826F ACQ WORKFORCE- GLOBAL POWER....... 258,667 258,667
130 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT 251,992 251,992
SYS.
131 0605828F ACQ WORKFORCE- GLOBAL REACH....... 149,191 149,191
132 0605829F ACQ WORKFORCE- CYBER, NETWORK, & 235,360 235,360
BUS SYS.
133 0605830F ACQ WORKFORCE- GLOBAL BATTLE MGMT. 160,196 160,196
134 0605831F ACQ WORKFORCE- CAPABILITY 220,255 220,255
INTEGRATION.
135 0605832F ACQ WORKFORCE- ADVANCED PRGM 42,392 42,392
TECHNOLOGY.
136 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS.... 133,231 133,231
137 0605898F MANAGEMENT HQ--R&D................ 5,590 5,590
138 0605976F FACILITIES RESTORATION AND 88,445 88,445
MODERNIZATION--TEST AND
EVALUATION SUPPORT.
139 0605978F FACILITIES SUSTAINMENT--TEST AND 29,424 29,424
EVALUATION SUPPORT.
140 0606017F REQUIREMENTS ANALYSIS AND 62,715 62,715
MATURATION.
141 0606398F MANAGEMENT HQ--T&E................ 5,013 5,013
142 0308602F ENTEPRISE INFORMATION SERVICES 17,128 17,128
(EIS).
143 0702806F ACQUISITION AND MANAGEMENT SUPPORT 5,913 5,913
144 0804731F GENERAL SKILL TRAINING............ 1,475 1,475
146 1001004F INTERNATIONAL ACTIVITIES.......... 4,071 4,071
147 1206116F SPACE TEST AND TRAINING RANGE 19,942 14,942
DEVELOPMENT.
.................................. Unjustified growth............. [-5,000]
148 1206392F SPACE AND MISSILE CENTER (SMC) 167,810 167,810
CIVILIAN WORKFORCE.
149 1206398F SPACE & MISSILE SYSTEMS CENTER-- 10,170 10,170
MHA.
150 1206860F ROCKET SYSTEMS LAUNCH PROGRAM 13,192 23,192
(SPACE).
.................................. Small rockets launch services.. [10,000]
151 1206864F SPACE TEST PROGRAM (STP).......... 26,097 29,097
.................................. Small launch................... [3,000]
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 2,916,571 2,952,071
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
152 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM 35,611 20,011
(ABMS).
.................................. Program increase--sensor fusion [10,000]
and artificial intelligence
technology.
.................................. Unjustified request............ [-25,600]
154 0604233F SPECIALIZED UNDERGRADUATE FLIGHT 2,584 2,584
TRAINING.
155 0604445F WIDE AREA SURVEILLANCE............ 0 20,000
.................................. Program increase............... [20,000]
156 0604776F DEPLOYMENT & DISTRIBUTION 903 903
ENTERPRISE R&D.
157 0604840F F-35 C2D2......................... 694,455 694,455
158 0605018F AF INTEGRATED PERSONNEL AND PAY 40,567 40,567
SYSTEM (AF-IPPS).
159 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE 47,193 47,193
AGENCY.
160 0605117F FOREIGN MATERIEL ACQUISITION AND 70,083 70,083
EXPLOITATION.
161 0605278F HC/MC-130 RECAP RDT&E............. 17,218 17,218
162 0606018F NC3 INTEGRATION................... 25,917 25,917
164 0101113F B-52 SQUADRONS.................... 325,974 325,974
[[Page H5502]]
165 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 10,217 10,217
166 0101126F B-1B SQUADRONS.................... 1,000 1,000
167 0101127F B-2 SQUADRONS..................... 97,276 97,276
168 0101213F MINUTEMAN SQUADRONS............... 128,961 106,939
.................................. Technical adjustment for NC3... [-22,022]
170 0101316F WORLDWIDE JOINT STRATEGIC 18,177 18,177
COMMUNICATIONS.
171 0101324F INTEGRATED STRATEGIC PLANNING & 24,261 24,261
ANALYSIS NETWORK.
172 0101328F ICBM REENTRY VEHICLES............. 75,571 75,571
174 0102110F UH-1N REPLACEMENT PROGRAM......... 170,975 170,975
176 0205219F MQ-9 UAV.......................... 154,996 154,996
178 0207131F A-10 SQUADRONS.................... 36,816 36,816
179 0207133F F-16 SQUADRONS.................... 193,013 193,013
180 0207134F F-15E SQUADRONS................... 336,079 317,779
.................................. Unjustified F-15C requirements. [-18,300]
181 0207136F MANNED DESTRUCTIVE SUPPRESSION.... 15,521 15,521
182 0207138F F-22A SQUADRONS................... 496,298 442,498
.................................. Excess to requirements......... [-23,800]
.................................. Prior-year carryover........... [-30,000]
183 0207142F F-35 SQUADRONS.................... 99,943 99,943
184 0207161F TACTICAL AIM MISSILES............. 10,314 10,314
185 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR 55,384 55,384
MISSILE (AMRAAM).
186 0207227F COMBAT RESCUE--PARARESCUE......... 281 281
187 0207247F AF TENCAP......................... 21,365 21,365
188 0207249F PRECISION ATTACK SYSTEMS 10,696 10,696
PROCUREMENT.
189 0207253F COMPASS CALL...................... 15,888 15,888
190 0207268F AIRCRAFT ENGINE COMPONENT 112,505 107,505
IMPROVEMENT PROGRAM.
.................................. Prior-year carryover (F-35).... [-5,000]
191 0207325F JOINT AIR-TO-SURFACE STANDOFF 78,498 78,498
MISSILE (JASSM).
192 0207410F AIR & SPACE OPERATIONS CENTER 114,864 104,864
(AOC).
.................................. Unjustified request............ [-10,000]
193 0207412F CONTROL AND REPORTING CENTER (CRC) 8,109 8,109
194 0207417F AIRBORNE WARNING AND CONTROL 67,996 61,209
SYSTEM (AWACS).
.................................. Excess to need................. [-6,787]
195 0207418F TACTICAL AIRBORNE CONTROL SYSTEMS. 2,462 2,462
197 0207431F COMBAT AIR INTELLIGENCE SYSTEM 13,668 13,668
ACTIVITIES.
198 0207444F TACTICAL AIR CONTROL PARTY-MOD.... 6,217 6,217
200 0207452F DCAPES............................ 19,910 19,910
201 0207573F NATIONAL TECHNICAL NUCLEAR 1,788 1,788
FORENSICS.
202 0207590F SEEK EAGLE........................ 28,237 28,237
203 0207601F USAF MODELING AND SIMULATION...... 15,725 15,725
204 0207605F WARGAMING AND SIMULATION CENTERS.. 4,316 4,316
205 0207610F BATTLEFIELD ABN COMM NODE (BACN).. 26,946 26,946
206 0207697F DISTRIBUTED TRAINING AND EXERCISES 4,303 4,303
207 0208006F MISSION PLANNING SYSTEMS.......... 71,465 71,465
208 0208007F TACTICAL DECEPTION................ 7,446 7,446
209 0208064F OPERATIONAL HQ--CYBER............. 7,602 7,602
210 0208087F DISTRIBUTED CYBER WARFARE 35,178 35,178
OPERATIONS.
211 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 16,609 16,609
212 0208097F JOINT CYBER COMMAND AND CONTROL 11,603 11,603
(JCC2).
213 0208099F UNIFIED PLATFORM (UP)............. 84,702 84,702
219 0301025F GEOBASE........................... 2,723 2,723
220 0301112F NUCLEAR PLANNING AND EXECUTION 44,190 44,190
SYSTEM (NPES).
226 0301401F AIR FORCE SPACE AND CYBER NON- 3,575 3,575
TRADITIONAL ISR FOR BATTLESPACE
AWARENESS.
227 0302015F E-4B NATIONAL AIRBORNE OPERATIONS 70,173 70,173
CENTER (NAOC).
228 0303131F MINIMUM ESSENTIAL EMERGENCY 13,543 28,543
COMMUNICATIONS NETWORK (MEECN).
.................................. Advanced concept development-- [15,000]
NC3 demonstration and
evaluation.
229 0303133F HIGH FREQUENCY RADIO SYSTEMS...... 15,881 1,881
.................................. Prior-year carryover........... [-14,000]
230 0303140F INFORMATION SYSTEMS SECURITY 27,726 27,726
PROGRAM.
232 0303142F GLOBAL FORCE MANAGEMENT--DATA 2,210 2,210
INITIATIVE.
234 0304115F MULTI DOMAIN COMMAND AND CONTROL 150,880 100,880
(MDC2).
.................................. Unjustified growth............. [-50,000]
235 0304260F AIRBORNE SIGINT ENTERPRISE........ 102,667 94,167
.................................. Common development ahead of [-8,500]
need.
236 0304310F COMMERCIAL ECONOMIC ANALYSIS...... 3,431 3,431
239 0305015F C2 AIR OPERATIONS SUITE--C2 INFO 9,313 9,313
SERVICES.
240 0305020F CCMD INTELLIGENCE INFORMATION 1,121 1,121
TECHNOLOGY.
241 0305022F ISR MODERNIZATION & AUTOMATION 19,000 3,000
DVMT (IMAD).
.................................. Unjustified request............ [-16,000]
242 0305099F GLOBAL AIR TRAFFIC MANAGEMENT 4,544 4,544
(GATM).
243 0305111F WEATHER SERVICE................... 25,461 27,461
.................................. Commercial weather data pilot.. [2,000]
244 0305114F AIR TRAFFIC CONTROL, APPROACH, AND 5,651 5,651
LANDING SYSTEM (ATCALS).
245 0305116F AERIAL TARGETS.................... 7,448 7,448
248 0305128F SECURITY AND INVESTIGATIVE 425 425
ACTIVITIES.
249 0305145F ARMS CONTROL IMPLEMENTATION....... 54,546 54,546
250 0305146F DEFENSE JOINT COUNTERINTELLIGENCE 6,858 6,858
ACTIVITIES.
252 0305179F INTEGRATED BROADCAST SERVICE (IBS) 8,728 8,728
253 0305202F DRAGON U-2........................ 38,939 38,939
255 0305206F AIRBORNE RECONNAISSANCE SYSTEMS... 122,909 132,909
.................................. Program increase for Gorgon [10,000]
Stare sensor enhancements.
256 0305207F MANNED RECONNAISSANCE SYSTEMS..... 11,787 11,787
[[Page H5503]]
257 0305208F DISTRIBUTED COMMON GROUND/SURFACE 25,009 25,009
SYSTEMS.
258 0305220F RQ-4 UAV.......................... 191,733 173,883
.................................. Unjustified request............ [-17,850]
259 0305221F NETWORK-CENTRIC COLLABORATIVE 10,757 10,757
TARGETING.
260 0305238F NATO AGS.......................... 32,567 32,567
261 0305240F SUPPORT TO DCGS ENTERPRISE........ 37,774 37,774
262 0305600F INTERNATIONAL INTELLIGENCE 13,515 13,515
TECHNOLOGY AND ARCHITECTURES.
263 0305881F RAPID CYBER ACQUISITION........... 4,383 4,383
264 0305984F PERSONNEL RECOVERY COMMAND & CTRL 2,133 2,133
(PRC2).
265 0307577F INTELLIGENCE MISSION DATA (IMD)... 8,614 8,614
266 0401115F C-130 AIRLIFT SQUADRON............ 140,425 140,425
267 0401119F C-5 AIRLIFT SQUADRONS (IF)........ 10,223 10,223
268 0401130F C-17 AIRCRAFT (IF)................ 25,101 25,101
269 0401132F C-130J PROGRAM.................... 8,640 8,640
270 0401134F LARGE AIRCRAFT IR COUNTERMEASURES 5,424 5,424
(LAIRCM).
272 0401219F KC-10S............................ 20 20
274 0401318F CV-22............................. 17,906 17,906
276 0408011F SPECIAL TACTICS / COMBAT CONTROL.. 3,629 3,629
277 0702207F DEPOT MAINTENANCE (NON-IF)........ 1,890 1,890
278 0708055F MAINTENANCE, REPAIR & OVERHAUL 10,311 10,311
SYSTEM.
279 0708610F LOGISTICS INFORMATION TECHNOLOGY 16,065 16,065
(LOGIT).
280 0708611F SUPPORT SYSTEMS DEVELOPMENT....... 539 539
281 0804743F OTHER FLIGHT TRAINING............. 2,057 2,057
282 0808716F OTHER PERSONNEL ACTIVITIES........ 10 10
283 0901202F JOINT PERSONNEL RECOVERY AGENCY... 2,060 2,060
284 0901218F CIVILIAN COMPENSATION PROGRAM..... 3,809 3,809
285 0901220F PERSONNEL ADMINISTRATION.......... 6,476 6,476
286 0901226F AIR FORCE STUDIES AND ANALYSIS 1,443 1,443
AGENCY.
287 0901538F FINANCIAL MANAGEMENT INFORMATION 9,323 9,323
SYSTEMS DEVELOPMENT.
288 0901554F DEFENSE ENTERPRISE ACNTNG AND MGT 46,789 46,789
SYS (DEAMS).
289 1201017F GLOBAL SENSOR INTEGRATED ON 3,647 3,647
NETWORK (GSIN).
290 1201921F SERVICE SUPPORT TO STRATCOM--SPACE 988 988
ACTIVITIES.
291 1202140F SERVICE SUPPORT TO SPACECOM 11,863 11,863
ACTIVITIES.
293 1203001F FAMILY OF ADVANCED BLOS TERMINALS 197,388 192,388
(FAB-T).
.................................. Unjustified growth............. [-5,000]
294 1203110F SATELLITE CONTROL NETWORK (SPACE). 61,891 54,291
.................................. Underexecution of funds and [-7,600]
unjustified growth.
297 1203173F SPACE AND MISSILE TEST AND 4,566 4,566
EVALUATION CENTER.
298 1203174F SPACE INNOVATION, INTEGRATION AND 43,292 43,292
RAPID TECHNOLOGY DEVELOPMENT.
300 1203182F SPACELIFT RANGE SYSTEM (SPACE).... 10,837 10,837
301 1203265F GPS III SPACE SEGMENT............. 42,440 42,440
302 1203400F SPACE SUPERIORITY INTELLIGENCE.... 14,428 14,428
303 1203614F JSPOC MISSION SYSTEM.............. 72,762 51,262
.................................. Unjustified growth............. [-21,500]
304 1203620F NATIONAL SPACE DEFENSE CENTER..... 2,653 2,653
306 1203873F BALLISTIC MISSILE DEFENSE RADARS.. 15,881 15,881
308 1203913F NUDET DETECTION SYSTEM (SPACE).... 49,300 49,300
309 1203940F SPACE SITUATION AWARENESS 17,834 17,834
OPERATIONS.
310 1206423F GLOBAL POSITIONING SYSTEM III-- 445,302 445,302
OPERATIONAL CONTROL SEGMENT.
311 1206770F ENTERPRISE GROUND SERVICES........ 138,870 128,670
.................................. Unjustified growth............. [-10,200]
311A 9999999999 CLASSIFIED PROGRAMS............... 18,351,506 17,998,506
.................................. Classified reduction........... [-353,000]
.................................. SUBTOTAL OPERATIONAL SYSTEMS 24,851,488 24,263,329
DEVELOPMENT.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 45,938,121 44,111,784
& EVAL, AF.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, DW
.................................. BASIC RESEARCH
001 0601000BR DTRA BASIC RESEARCH............... 26,000 26,000
002 0601101E DEFENSE RESEARCH SCIENCES......... 432,284 432,284
003 0601110D8Z BASIC RESEARCH INITIATIVES........ 48,874 58,874
.................................. Program increase............... [10,000]
004 0601117E BASIC OPERATIONAL MEDICAL RESEARCH 54,122 54,122
SCIENCE.
005 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 92,074 112,074
.................................. Civics education grant program. [20,000]
006 0601228D8Z HISTORICALLY BLACK COLLEGES AND 30,708 50,708
UNIVERSITIES/MINORITY
INSTITUTIONS.
.................................. Program decrease............... [-5,000]
.................................. Program increase............... [25,000]
007 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE 45,238 45,238
PROGRAM.
.................................. SUBTOTAL BASIC RESEARCH........... 729,300 779,300
..................................
.................................. APPLIED RESEARCH
008 0602000D8Z JOINT MUNITIONS TECHNOLOGY........ 19,306 19,306
009 0602115E BIOMEDICAL TECHNOLOGY............. 97,771 97,771
011 0602234D8Z LINCOLN LABORATORY RESEARCH 52,317 52,317
PROGRAM.
012 0602251D8Z APPLIED RESEARCH FOR THE 62,200 62,200
ADVANCEMENT OF S&T PRIORITIES.
013 0602303E INFORMATION & COMMUNICATIONS 442,556 442,556
TECHNOLOGY.
014 0602383E BIOLOGICAL WARFARE DEFENSE........ 34,588 34,588
015 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE 202,587 215,087
PROGRAM.
.................................. Program increase............... [12,500]
016 0602668D8Z CYBER SECURITY RESEARCH........... 15,118 15,118
[[Page H5504]]
017 0602702E TACTICAL TECHNOLOGY............... 337,602 337,602
018 0602715E MATERIALS AND BIOLOGICAL 223,976 223,976
TECHNOLOGY.
019 0602716E ELECTRONICS TECHNOLOGY............ 332,192 332,192
020 0602718BR COUNTER WEAPONS OF MASS 179,096 179,096
DESTRUCTION APPLIED RESEARCH.
021 0602751D8Z SOFTWARE ENGINEERING INSTITUTE 9,580 9,580
(SEI) APPLIED RESEARCH.
022 1160401BB SOF TECHNOLOGY DEVELOPMENT........ 40,569 40,569
.................................. SUBTOTAL APPLIED RESEARCH......... 2,049,458 2,061,958
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
023 0603000D8Z JOINT MUNITIONS ADVANCED 25,779 25,779
TECHNOLOGY.
024 0603121D8Z SO/LIC ADVANCED DEVELOPMENT....... 5,000 5,000
025 0603122D8Z COMBATING TERRORISM TECHNOLOGY 70,517 79,517
SUPPORT.
.................................. Counterterrorism detection [3,000]
technologies.
.................................. Study of Terrorism and [6,000]
Responses to Terrorism (START).
026 0603133D8Z FOREIGN COMPARATIVE TESTING....... 24,970 24,970
028 0603160BR COUNTER WEAPONS OF MASS 340,065 340,065
DESTRUCTION ADVANCED TECHNOLOGY
DEVELOPMENT.
029 0603176C ADVANCED CONCEPTS AND PERFORMANCE 14,208 14,208
ASSESSMENT.
030 0603178C WEAPONS TECHNOLOGY................ 10,000 10,000
031 0603180C ADVANCED RESEARCH................. 20,674 27,674
.................................. Advanced carbon-carbon [7,000]
composites manufacturing.
032 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY 18,773 18,773
DEVELOPMENT.
033 0603286E ADVANCED AEROSPACE SYSTEMS........ 279,741 279,741
034 0603287E SPACE PROGRAMS AND TECHNOLOGY..... 202,606 202,606
035 0603288D8Z ANALYTIC ASSESSMENTS.............. 19,429 19,429
036 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND 37,645 37,645
CONCEPTS.
037 0603291D8Z ADVANCED INNOVATIVE ANALYSIS AND 14,668 14,668
CONCEPTS--MHA.
038 0603294C COMMON KILL VEHICLE TECHNOLOGY.... 13,600 13,600
040 0603342D8Z DEFENSE INNOVATION UNIT (DIU)..... 29,398 29,398
041 0603375D8Z TECHNOLOGY INNOVATION............. 60,000 44,000
.................................. Program decrease............... [-16,000]
042 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE 172,486 172,486
PROGRAM--ADVANCED DEVELOPMENT.
043 0603527D8Z RETRACT LARCH..................... 159,688 159,688
044 0603618D8Z JOINT ELECTRONIC ADVANCED 12,063 17,063
TECHNOLOGY.
.................................. Joint electromagnetic spectrum [5,000]
operations.
045 0603648D8Z JOINT CAPABILITY TECHNOLOGY 107,359 107,359
DEMONSTRATIONS.
046 0603662D8Z NETWORKED COMMUNICATIONS 2,858 2,858
CAPABILITIES.
047 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE 96,397 116,397
AND TECHNOLOGY PROGRAM.
.................................. Additive manufacturing......... [10,000]
.................................. Integrated silicon based lasers [5,000]
.................................. Program increase............... [5,000]
048 0603680S MANUFACTURING TECHNOLOGY PROGRAM.. 42,834 42,834
049 0603699D8Z EMERGING CAPABILITIES TECHNOLOGY 80,911 80,911
DEVELOPMENT.
050 0603712S GENERIC LOGISTICS R&D TECHNOLOGY 10,817 10,817
DEMONSTRATIONS.
051 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH 66,157 66,157
PROGRAM.
052 0603720S MICROELECTRONICS TECHNOLOGY 171,771 171,771
DEVELOPMENT AND SUPPORT.
053 0603727D8Z JOINT WARFIGHTING PROGRAM......... 4,846 4,846
054 0603739E ADVANCED ELECTRONICS TECHNOLOGIES. 128,616 128,616
055 0603760E COMMAND, CONTROL AND 232,134 232,134
COMMUNICATIONS SYSTEMS.
056 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 512,424 512,424
057 0603767E SENSOR TECHNOLOGY................. 163,903 163,903
058 0603769D8Z DISTRIBUTED LEARNING ADVANCED 13,723 13,723
TECHNOLOGY DEVELOPMENT.
059 0603781D8Z SOFTWARE ENGINEERING INSTITUTE.... 15,111 15,111
060 0603826D8Z QUICK REACTION SPECIAL PROJECTS... 47,147 47,147
061 0603833D8Z ENGINEERING SCIENCE & TECHNOLOGY.. 19,376 19,376
062 0603924D8Z HIGH ENERGY LASER ADVANCED 85,223 85,223
TECHNOLOGY PROGRAM.
063 0603941D8Z TEST & EVALUATION SCIENCE & 175,574 180,574
TECHNOLOGY.
.................................. UAV hypersonic test range...... [5,000]
064 0603950D8Z NATIONAL SECURITY INNOVATION 25,000 30,000
NETWORK.
.................................. Hacking for defense............ [5,000]
065 0604055D8Z OPERATIONAL ENERGY CAPABILITY 70,536 70,536
IMPROVEMENT.
066 0303310D8Z CWMD SYSTEMS...................... 28,907 28,907
068 1160402BB SOF ADVANCED TECHNOLOGY 89,154 89,154
DEVELOPMENT.
069 1206310SDA SPACE SCIENCE AND TECHNOLOGY 20,000 41,500
RESEARCH AND DEVELOPMENT.
.................................. Program increase for commercial [21,500]
SSA; funds transferred from
JSPOC Mission System.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 3,742,088 3,798,588
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT AND
PROTOTYPES
070 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 42,695 42,695
SECURITY EQUIPMENT RDT&E ADC&P.
071 0603600D8Z WALKOFF........................... 92,791 92,791
072 0603821D8Z ACQUISITION ENTERPRISE DATA & 5,659 5,659
INFORMATION SERVICES.
073 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL 66,572 66,572
CERTIFICATION PROGRAM.
074 0603881C BALLISTIC MISSILE DEFENSE TERMINAL 302,761 302,761
DEFENSE SEGMENT.
075 0603882C BALLISTIC MISSILE DEFENSE 1,156,506 960,506
MIDCOURSE DEFENSE SEGMENT.
.................................. GBSD booster engineering....... [-15,000]
.................................. Unjustified program growth..... [-181,000]
076 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE 83,662 83,662
PROGRAM--DEM/VAL.
077 0603884C BALLISTIC MISSILE DEFENSE SENSORS. 283,487 283,487
078 0603890C BMD ENABLING PROGRAMS............. 571,507 570,476
.................................. Rescope FTM-44--Conduct IRBM [-1,031]
test.
079 0603891C SPECIAL PROGRAMS--MDA............. 377,098 504,098
.................................. Classified reduction........... [-8,000]
.................................. Classified unfunded priority... [135,000]
[[Page H5505]]
080 0603892C AEGIS BMD......................... 727,479 702,479
.................................. Unjustified cost growth........ [-25,000]
081 0603896C BALLISTIC MISSILE DEFENSE COMMAND 564,206 561,706
AND CONTROL, BATTLE MANAGEMENT
AND COMMUNICATI.
.................................. IBCS integration delays........ [-1,500]
.................................. Rescope FTM-44--Conduct IRBM [-1,000]
test.
082 0603898C BALLISTIC MISSILE DEFENSE JOINT 51,532 51,532
WARFIGHTER SUPPORT.
083 0603904C MISSILE DEFENSE INTEGRATION & 56,161 56,161
OPERATIONS CENTER (MDIOC).
084 0603906C REGARDING TRENCH.................. 22,424 22,424
085 0603907C SEA BASED X-BAND RADAR (SBX)...... 128,156 128,156
086 0603913C ISRAELI COOPERATIVE PROGRAMS...... 300,000 300,000
087 0603914C BALLISTIC MISSILE DEFENSE TEST.... 395,924 393,356
.................................. Rescope FTM-44--Conduct IRBM [-2,568]
test.
088 0603915C BALLISTIC MISSILE DEFENSE TARGETS. 554,171 554,171
089 0603920D8Z HUMANITARIAN DEMINING............. 10,820 15,820
.................................. Program increase............... [5,000]
090 0603923D8Z COALITION WARFARE................. 11,316 11,316
091 0604016D8Z DEPARTMENT OF DEFENSE CORROSION 3,365 3,365
PROGRAM.
092 0604115C TECHNOLOGY MATURATION INITIATIVES. 303,458 301,122
.................................. Cancel Neutral Particle Beam... [-34,000]
.................................. Increase to low power laser [35,000]
demonstrator.
.................................. Rescope FTM-44--Conduct IRBM [-3,336]
test.
093 0604132D8Z MISSILE DEFEAT PROJECT............ 17,816 7,816
.................................. Lack of justification--program [-10,000]
transitioned to military
services.
095 0604181C HYPERSONIC DEFENSE................ 157,425 157,425
096 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES.. 1,312,735 1,104,585
.................................. Program decrease............... [-58,150]
.................................. Realign to 0604011D8Z, Next [-50,000]
Generation Information
Technology.
.................................. Undistributed.................. [-100,000]
097 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 542,421 542,421
098 0604331D8Z RAPID PROTOTYPING PROGRAM......... 100,957 100,957
099 0604341D8Z DEFENSE INNOVATION UNIT (DIU) 92,000 17,000
PROTOTYPING.
.................................. Insufficient budget [-75,000]
justification for national
security innovation capital.
100 0604400D8Z DEPARTMENT OF DEFENSE (DOD) 3,021 3,021
UNMANNED SYSTEM COMMON
DEVELOPMENT.
102 0604672C HOMELAND DEFENSE RADAR--HAWAII 274,714 274,714
(HDR-H).
103 0604673C PACIFIC DISCRIMINATING RADAR...... 6,711 6,711
104 0604682D8Z WARGAMING AND SUPPORT FOR 3,751 3,751
STRATEGIC ANALYSIS (SSA).
105 0604775BR DEFENSE RAPID INNOVATION PROGRAM.. 14,021 14,021
107 0604826J JOINT C5 CAPABILITY DEVELOPMENT, 20,062 20,062
INTEGRATION AND INTEROPERABILITY
ASSESSMENTS.
108 0604873C LONG RANGE DISCRIMINATION RADAR 136,423 136,423
(LRDR).
109 0604874C IMPROVED HOMELAND DEFENSE 412,363 262,363
INTERCEPTORS.
.................................. Program delays................. [-150,000]
110 0604876C BALLISTIC MISSILE DEFENSE TERMINAL 25,137 25,137
DEFENSE SEGMENT TEST.
111 0604878C AEGIS BMD TEST.................... 169,822 148,740
.................................. Rescope FTM-44--Conduct IRBM [-21,082]
test.
112 0604879C BALLISTIC MISSILE DEFENSE SENSOR 105,530 94,566
TEST.
.................................. Rescope FTM-44--Conduct IRBM [-10,964]
test.
113 0604880C LAND-BASED SM-3 (LBSM3)........... 38,352 38,352
115 0604887C BALLISTIC MISSILE DEFENSE 98,139 96,446
MIDCOURSE SEGMENT TEST.
.................................. Rescope FTM-44--Conduct IRBM [-1,693]
test.
117 0300206R ENTERPRISE INFORMATION TECHNOLOGY 1,600 1,600
SYSTEMS.
118 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY 3,191 3,191
(JET) PROGRAM.
119 0305103C CYBER SECURITY INITIATIVE......... 1,138 1,138
120 1206410SDA SPACE TECHNOLOGY DEVELOPMENT AND 85,000 75,000
PROTOTYPING.
.................................. Increase to SDA for multi-GNSS [20,000]
receiver capability
development.
.................................. Space-based discrimination [-15,000]
study.
.................................. Space-based interceptor study.. [-15,000]
121 1206893C SPACE TRACKING & SURVEILLANCE 35,849 35,849
SYSTEM.
122 1206895C BALLISTIC MISSILE DEFENSE SYSTEM 27,565 135,565
SPACE PROGRAMS.
.................................. Hypersonic and Ballistic [108,000]
Tracking Space Sensor.
122A 0604011D8Z NEXT GENERATION INFORMATION 175,000
COMMUNICATIONS TECHNOLOGY (5G).
.................................. Program increase............... [175,000]
.................................. SUBTOTAL ADVANCED COMPONENT 9,797,493 9,496,169
DEVELOPMENT AND PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT AND
DEMONSTRATION
123 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 11,276 11,276
SECURITY EQUIPMENT RDT&E SDD.
124 0604165D8Z PROMPT GLOBAL STRIKE CAPABILITY 107,000 0
DEVELOPMENT.
.................................. Lack of justification--awaiting [-76,000]
policy.
.................................. Transfer to RDTE, Army Line 100 [-31,000]
125 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE 384,047 384,047
PROGRAM--EMD.
126 0604771D8Z JOINT TACTICAL INFORMATION 40,102 43,102
DISTRIBUTION SYSTEM (JTIDS).
.................................. Cyber maturity model [3,000]
certification program.
127 0605000BR COUNTER WEAPONS OF MASS 13,100 13,100
DESTRUCTION SYSTEMS DEVELOPMENT.
128 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 3,070 3,070
129 0605021SE HOMELAND PERSONNEL SECURITY 7,295 7,295
INITIATIVE.
130 0605022D8Z DEFENSE EXPORTABILITY PROGRAM..... 17,615 7,615
.................................. Unjustified growth............. [-10,000]
131 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES 15,653 15,653
132 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT 2,378 2,378
AND DEMONSTRATION.
133 0605075D8Z CMO POLICY AND INTEGRATION........ 1,618 1,618
134 0605080S DEFENSE AGENCY INITIATIVES (DAI)-- 27,944 27,944
FINANCIAL SYSTEM.
[[Page H5506]]
135 0605090S DEFENSE RETIRED AND ANNUITANT PAY 6,609 6,609
SYSTEM (DRAS).
136 0605210D8Z DEFENSE-WIDE ELECTRONIC 9,619 9,619
PROCUREMENT CAPABILITIES.
137 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS 175,032 175,032
138 0303140BL INFORMATION SYSTEMS SECURITY 425 425
PROGRAM.
139 0303141K GLOBAL COMBAT SUPPORT SYSTEM...... 1,578 1,578
140 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION 4,373 4,373
MANAGEMENT (EEIM).
141 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT 12,854 12,854
AND DEMONSTRATION.
.................................. SUBTOTAL SYSTEM DEVELOPMENT AND 841,588 727,588
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
142 0603829J JOINT CAPABILITY EXPERIMENTATION.. 13,000 13,000
143 0604774D8Z DEFENSE READINESS REPORTING SYSTEM 9,724 9,724
(DRRS).
144 0604875D8Z JOINT SYSTEMS ARCHITECTURE 9,593 9,593
DEVELOPMENT.
145 0604940D8Z CENTRAL TEST AND EVALUATION 260,267 240,267
INVESTMENT DEVELOPMENT (CTEIP).
.................................. Undistributed.................. [-20,000]
146 0604942D8Z ASSESSMENTS AND EVALUATIONS....... 30,834 30,834
147 0605001E MISSION SUPPORT................... 68,498 68,498
148 0605100D8Z JOINT MISSION ENVIRONMENT TEST 83,091 83,091
CAPABILITY (JMETC).
149 0605104D8Z TECHNICAL STUDIES, SUPPORT AND 18,079 18,079
ANALYSIS.
150 0605126J JOINT INTEGRATED AIR AND MISSILE 70,038 70,038
DEFENSE ORGANIZATION (JIAMDO).
152 0605142D8Z SYSTEMS ENGINEERING............... 37,140 37,140
153 0605151D8Z STUDIES AND ANALYSIS SUPPORT--OSD. 4,759 4,759
154 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY. 8,307 8,307
155 0605170D8Z SUPPORT TO NETWORKS AND 9,441 9,441
INFORMATION INTEGRATION.
156 0605200D8Z GENERAL SUPPORT TO USD 1,700 1,700
(INTELLIGENCE).
157 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE 110,363 110,363
PROGRAM.
166 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH 3,568 3,568
(SBIR)/ SMALL BUSINESS TECHNOLOGY
TRANSFER.
167 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE.. 19,936 19,936
168 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS....... 16,875 19,875
.................................. National Science, Technology, [3,000]
and Security Roundtable with
Academia.
169 0605801KA DEFENSE TECHNICAL INFORMATION 57,716 57,716
CENTER (DTIC).
170 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, 34,448 34,448
TESTING AND EVALUATION.
171 0605804D8Z DEVELOPMENT TEST AND EVALUATION... 22,203 22,203
172 0605898E MANAGEMENT HQ--R&D................ 13,208 13,208
173 0605998KA MANAGEMENT HQ--DEFENSE TECHNICAL 3,027 3,027
INFORMATION CENTER (DTIC).
174 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS.... 8,017 8,017
175 0606225D8Z ODNA TECHNOLOGY AND RESOURCE 3,194 3,194
ANALYSIS.
176 0606589D8W DEFENSE DIGITAL SERVICE (DDS) 1,000 1,000
DEVELOPMENT SUPPORT.
179 0203345D8Z DEFENSE OPERATIONS SECURITY 3,037 3,037
INITIATIVE (DOSI).
180 0204571J JOINT STAFF ANALYTICAL SUPPORT.... 9,216 9,216
183 0303166J SUPPORT TO INFORMATION OPERATIONS 553 553
(IO) CAPABILITIES.
184 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM 1,014 1,014
OFFICE (DMDPO).
185 0305172K COMBINED ADVANCED APPLICATIONS.... 58,667 58,667
187 0305245D8Z INTELLIGENCE CAPABILITIES AND 21,081 21,081
INNOVATION INVESTMENTS.
189 0307588D8Z ALGORITHMIC WARFARE CROSS 221,235 221,235
FUNCTIONAL TEAMS.
191 0804768J COCOM EXERCISE ENGAGEMENT AND 40,073 40,073
TRAINING TRANSFORMATION (CE2T2)--
NON-MHA.
192 0808709SE DEFENSE EQUAL OPPORTUNITY 100 100
MANAGEMENT INSTITUTE (DEOMI).
193 0901598C MANAGEMENT HQ--MDA................ 27,065 27,065
194 0903235K JOINT SERVICE PROVIDER (JSP)...... 3,090 3,090
194A 9999999999 CLASSIFIED PROGRAMS............... 51,471 51,471
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 1,354,628 1,337,628
..................................
.................................. OPERATIONAL SYSTEM DEVELOPMENT
.................................. UNDISTRIBUTED
195 0604130V ENTERPRISE SECURITY SYSTEM (ESS).. 7,945 7,945
196 0604532K JOINT ARTIFICIAL INTELLIGENCE..... 208,834 166,834
.................................. Early to need.................. [-42,000]
197 0605127T REGIONAL INTERNATIONAL OUTREACH 1,947 1,947
(RIO) AND PARTNERSHIP FOR PEACE
INFORMATION MANA.
198 0605147T OVERSEAS HUMANITARIAN ASSISTANCE 310 310
SHARED INFORMATION SYSTEM
(OHASIS).
199 0607210D8Z INDUSTRIAL BASE ANALYSIS AND 10,051 19,051
SUSTAINMENT SUPPORT.
.................................. Composite manufacturing [5,000]
technology.
.................................. Lithium ion batteries.......... [4,000]
200 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS 12,734 12,734
DEVELOPMENT.
201 0607327T GLOBAL THEATER SECURITY 14,800 14,800
COOPERATION MANAGEMENT
INFORMATION SYSTEMS (G-TSCMIS).
202 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE 54,023 54,023
(OPERATIONAL SYSTEMS DEVELOPMENT).
203 0208043J PLANNING AND DECISION AID SYSTEM 4,537 4,537
(PDAS).
204 0208045K C4I INTEROPERABILITY.............. 64,122 64,122
210 0302019K DEFENSE INFO INFRASTRUCTURE 15,798 15,798
ENGINEERING AND INTEGRATION.
211 0303126K LONG-HAUL COMMUNICATIONS--DCS..... 11,166 11,166
212 0303131K MINIMUM ESSENTIAL EMERGENCY 17,383 17,383
COMMUNICATIONS NETWORK (MEECN).
214 0303136G KEY MANAGEMENT INFRASTRUCTURE 54,516 54,516
(KMI).
215 0303140D8Z INFORMATION SYSTEMS SECURITY 67,631 89,631
PROGRAM.
.................................. Cyber institutes for senior [12,000]
military colleges.
.................................. Implementation of Cyber [10,000]
Excepted Service.
216 0303140G INFORMATION SYSTEMS SECURITY 289,080 287,198
PROGRAM.
.................................. Realignment to DISA for [-1,882]
Sharkseer.
217 0303140K INFORMATION SYSTEMS SECURITY 42,796 44,678
PROGRAM.
.................................. Realignment for Sharkseer...... [1,882]
218 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 25,218 25,218
[[Page H5507]]
219 0303153K DEFENSE SPECTRUM ORGANIZATION..... 21,698 21,698
220 0303228K JOINT REGIONAL SECURITY STACKS 18,077 18,077
(JRSS).
222 0303430K FEDERAL INVESTIGATIVE SERVICES 44,001 44,001
INFORMATION TECHNOLOGY.
228 0305128V SECURITY AND INVESTIGATIVE 2,400 2,400
ACTIVITIES.
232 0305186D8Z POLICY R&D PROGRAMS............... 6,301 6,301
233 0305199D8Z NET CENTRICITY.................... 21,384 21,384
235 0305208BB DISTRIBUTED COMMON GROUND/SURFACE 6,359 6,359
SYSTEMS.
238 0305208K DISTRIBUTED COMMON GROUND/SURFACE 2,981 2,981
SYSTEMS.
241 0305327V INSIDER THREAT.................... 1,964 1,964
242 0305387D8Z HOMELAND DEFENSE TECHNOLOGY 2,221 2,221
TRANSFER PROGRAM.
250 0708012K LOGISTICS SUPPORT ACTIVITIES...... 1,361 1,361
251 0708012S PACIFIC DISASTER CENTERS.......... 1,770 1,770
252 0708047S DEFENSE PROPERTY ACCOUNTABILITY 3,679 3,679
SYSTEM.
254 1105219BB MQ-9 UAV.......................... 20,697 20,697
256 1160403BB AVIATION SYSTEMS.................. 245,795 263,021
.................................. Program increase--Future [8,800]
Vertical Lift.
.................................. Program increase--RFCM......... [8,426]
257 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT.. 15,484 15,484
258 1160408BB OPERATIONAL ENHANCEMENTS.......... 166,922 166,922
259 1160431BB WARRIOR SYSTEMS................... 62,332 62,332
260 1160432BB SPECIAL PROGRAMS.................. 21,805 21,805
261 1160434BB UNMANNED ISR...................... 37,377 37,377
262 1160480BB SOF TACTICAL VEHICLES............. 11,150 11,150
263 1160483BB MARITIME SYSTEMS.................. 72,626 72,626
264 1160489BB GLOBAL VIDEO SURVEILLANCE 5,363 5,363
ACTIVITIES.
265 1160490BB OPERATIONAL ENHANCEMENTS 12,962 12,962
INTELLIGENCE.
266 1203610K TELEPORT PROGRAM.................. 6,158 6,158
266A 9999999999 CLASSIFIED PROGRAMS............... 4,542,640 4,542,640
.................................. SUBTOTAL OPERATIONAL SYSTEM 6,258,398 6,383,624
DEVELOPMENT.
267A 9999999999 UNDISTRIBUTED..................... 119,000
.................................. Transfer to NRO for weather [119,000]
satellite procurement to
mitigate weather capability
gaps risk in 2022-2023.
.................................. SUBTOTAL UNDISTRIBUTED............ 125,226
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, TEST 24,772,953 24,584,855
& EVAL, DW.
..................................
.................................. OPERATIONAL TEST & EVAL, DEFENSE
.................................. MANAGEMENT SUPPORT
001 0605118OTE OPERATIONAL TEST AND EVALUATION... 93,291 93,291
002 0605131OTE LIVE FIRE TEST AND EVALUATION..... 69,172 69,172
003 0605814OTE OPERATIONAL TEST ACTIVITIES AND 58,737 58,737
ANALYSES.
.................................. SUBTOTAL MANAGEMENT SUPPORT....... 221,200 221,200
..................................
.................................. TOTAL OPERATIONAL TEST & EVAL, 221,200 221,200
DEFENSE.
..................................
.................................. TOTAL RDT&E....................... 103,395,544 100,787,668
----------------------------------------------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR
OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS
CONTINGENCY OPERATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 House
Line Program Element Item Request Authorized
------------------------------------------------------------------------
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL,
ARMY
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
074 0603327A AIR AND MISSILE 500 500
DEFENSE SYSTEMS
ENGINEERING.
079 0603747A SOLDIER SUPPORT 3,000 3,000
AND
SURVIVABILITY.
085 0603804A LOGISTICS AND 1,085 1,085
ENGINEER
EQUIPMENT--ADV
DEV.
095 0604117A MANEUVER--SHORT 6,000 0
RANGE AIR
DEFENSE (M-
SHORAD).
............... Unjustified [-6,000]
request.
097 0604119A ARMY ADVANCED 4,529 4,529
COMPONENT
DEVELOPMENT &
PROTOTYPING.
105 0604785A INTEGRATED BASE 2,000 0
DEFENSE (BUDGET
ACTIVITY 4).
............... Unjustified [-2,000]
request.
............... SUBTOTAL 17,114 9,114
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT &
DEMONSTRATION
151 0605035A COMMON INFRARED 11,770 11,770
COUNTERMEASURES
(CIRCM).
159 0605051A AIRCRAFT 77,420 77,420
SURVIVABILITY
DEVELOPMENT.
163 0605203A ARMY SYSTEM 19,527 19,527
DEVELOPMENT &
DEMONSTRATION.
174 0304270A ELECTRONIC 3,200 3,200
WARFARE
DEVELOPMENT.
............... SUBTOTAL SYSTEM 111,917 111,917
DEVELOPMENT &
DEMONSTRATION.
...............
............... RDT&E MANAGEMENT
SUPPORT
200 0606003A COUNTERINTEL AND 1,875 1,875
HUMAN INTEL
MODERNIZATION.
............... SUBTOTAL RDT&E 1,875 1,875
MANAGEMENT
SUPPORT.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
238 0303028A SECURITY AND 22,904 22,904
INTELLIGENCE
ACTIVITIES.
[[Page H5508]]
246 0305204A TACTICAL 34,100 34,100
UNMANNED AERIAL
VEHICLES.
247 0305206A AIRBORNE 14,000 14,000
RECONNAISSANCE
SYSTEMS.
252 0307665A BIOMETRICS 2,214 2,214
ENABLED
INTELLIGENCE.
............... SUBTOTAL 73,218 73,218
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL RESEARCH, 204,124 196,124
DEVELOPMENT,
TEST & EVAL,
ARMY.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
028 0603207N AIR/OCEAN 2,400 2,400
TACTICAL
APPLICATIONS.
038 0603527N RETRACT LARCH... 22,000 22,000
057 0603654N JOINT SERVICE 14,178 14,178
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
069 0603795N LAND ATTACK 1,428 1,428
TECHNOLOGY.
............... SUBTOTAL 40,006 40,006
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT &
DEMONSTRATION
143 0604755N SHIP SELF 1,122 1,122
DEFENSE (DETECT
& CONTROL).
............... SUBTOTAL SYSTEM 1,122 1,122
DEVELOPMENT &
DEMONSTRATION.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
228 0206313M MARINE CORPS 15,000 15,000
COMMUNICATIONS
SYSTEMS.
259A 9999999999 CLASSIFIED 108,282 108,282
PROGRAMS.
............... SUBTOTAL 123,282 123,282
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL RESEARCH, 164,410 164,410
DEVELOPMENT,
TEST & EVAL,
NAVY.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL, AF
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
048 0604858F TECH TRANSITION 26,450 26,450
PROGRAM.
072 1206857F SPACE RAPID 17,885 17,885
CAPABILITIES
OFFICE.
............... SUBTOTAL 44,335 44,335
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
177 0205671F JOINT COUNTER 4,000 4,000
RCIED
ELECTRONIC
WARFARE.
217 0208288F INTEL DATA 1,200 1,200
APPLICATIONS.
311A 9999999999 CLASSIFIED 78,713 78,713
PROGRAMS.
............... SUBTOTAL 83,913 83,913
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL RESEARCH, 128,248 128,248
DEVELOPMENT,
TEST & EVAL, AF.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL, DW
............... APPLIED RESEARCH
010 0602134BR COUNTER 1,677 1,677
IMPROVISED-
THREAT ADVANCED
STUDIES.
............... SUBTOTAL APPLIED 1,677 1,677
RESEARCH.
...............
............... ADVANCED
TECHNOLOGY
DEVELOPMENT
025 0603122D8Z COMBATING 25,230 25,230
TERRORISM
TECHNOLOGY
SUPPORT.
027 0603134BR COUNTER 49,528 49,528
IMPROVISED-
THREAT
SIMULATION.
............... SUBTOTAL 74,758 74,758
ADVANCED
TECHNOLOGY
DEVELOPMENT.
...............
............... ADVANCED
COMPONENT
DEVELOPMENT AND
PROTOTYPES
094 0604134BR COUNTER 113,590 113,590
IMPROVISED-
THREAT
DEMONSTRATION,
PROTOTYPE
DEVELOPMENT,
AND TESTING.
............... SUBTOTAL 113,590 113,590
ADVANCED
COMPONENT
DEVELOPMENT AND
PROTOTYPES.
...............
............... OPERATIONAL
SYSTEM
DEVELOPMENT
............... UNDISTRIBUTED
258 1160408BB OPERATIONAL 726 726
ENHANCEMENTS.
259 1160431BB WARRIOR SYSTEMS. 6,000 6,000
261 1160434BB UNMANNED ISR.... 5,000 5,000
266A 9999999999 CLASSIFIED 200,199 200,199
PROGRAMS.
............... SUBTOTAL 211,925 211,925
OPERATIONAL
SYSTEM
DEVELOPMENT.
...............
............... TOTAL RESEARCH, 401,950 401,950
DEVELOPMENT,
TEST & EVAL, DW.
...............
............... TOTAL RDT&E..... 898,732 890,732
------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE.
----------------------------------------------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2020 House
Line Item Request Authorized
----------------------------------------------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS.................................................... 1,735,922 1,659,222
Unjustified growth............................................. [-76,700]
[[Page H5509]]
020 MODULAR SUPPORT BRIGADES.......................................... 127,815 126,515
Unjustified growth............................................. [-1,300]
030 ECHELONS ABOVE BRIGADE............................................ 716,356 709,356
Unjustified growth............................................. [-7,000]
040 THEATER LEVEL ASSETS.............................................. 890,891 881,991
Unjustified growth............................................. [-8,900]
050 LAND FORCES OPERATIONS SUPPORT.................................... 1,232,477 1,230,477
Unjustified growth............................................. [-2,000]
060 AVIATION ASSETS................................................... 1,355,606 1,282,106
Excess to need................................................. [-73,500]
070 FORCE READINESS OPERATIONS SUPPORT................................ 3,882,315 2,659,315
Excess FTE request............................................. [-38,000]
Female Personal Protective Equipment........................... [2,000]
Realignment to OCO............................................. [-1,100,000]
Unjustified growth............................................. [-12,000]
Unjustified transfer........................................... [-75,000]
080 LAND FORCES SYSTEMS READINESS..................................... 417,069 417,069
090 LAND FORCES DEPOT MAINTENANCE..................................... 1,633,327 1,633,327
100 BASE OPERATIONS SUPPORT........................................... 8,047,933 8,002,933
Unjustified growth............................................. [-45,000]
110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 4,326,840 4,051,840
Unexecutable growth............................................ [-275,000]
120 MANAGEMENT AND OPERATIONAL HEADQUARTERS........................... 405,612 405,612
160 US AFRICA COMMAND................................................. 251,511 251,511
170 US EUROPEAN COMMAND............................................... 146,358 146,358
180 US SOUTHERN COMMAND............................................... 191,840 218,340
Multi-Mission Support Vessel................................... [18,000]
Overland airborne ISR operations............................... [8,500]
190 US FORCES KOREA................................................... 57,603 57,603
200 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS...................... 423,156 423,156
210 CYBERSPACE ACTIVITIES--CYBERSECURITY.............................. 551,185 551,185
SUBTOTAL OPERATING FORCES......................................... 26,393,816 24,707,916
MOBILIZATION
220 STRATEGIC MOBILITY................................................ 380,577 380,577
230 ARMY PREPOSITIONED STOCKS......................................... 362,942 362,942
240 INDUSTRIAL PREPAREDNESS........................................... 4,637 4,637
SUBTOTAL MOBILIZATION............................................. 748,156 748,156
TRAINING AND RECRUITING
250 OFFICER ACQUISITION............................................... 157,175 157,175
260 RECRUIT TRAINING.................................................. 55,739 55,739
270 ONE STATION UNIT TRAINING......................................... 62,300 62,300
280 SENIOR RESERVE OFFICERS TRAINING CORPS............................ 538,357 538,357
290 SPECIALIZED SKILL TRAINING........................................ 969,813 969,813
300 FLIGHT TRAINING................................................... 1,234,049 1,209,049
Changes to AH-64E Program...................................... [-25,000]
310 PROFESSIONAL DEVELOPMENT EDUCATION................................ 218,338 218,338
320 TRAINING SUPPORT.................................................. 554,659 550,659
Excess travel request.......................................... [-4,000]
330 RECRUITING AND ADVERTISING........................................ 716,056 716,056
340 EXAMINING......................................................... 185,034 185,034
350 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 214,275 214,275
360 CIVILIAN EDUCATION AND TRAINING................................... 147,647 147,647
370 JUNIOR RESERVE OFFICER TRAINING CORPS............................. 173,812 173,812
SUBTOTAL TRAINING AND RECRUITING.................................. 5,227,254 5,198,254
ADMIN & SRVWIDE ACTIVITIES
390 SERVICEWIDE TRANSPORTATION........................................ 559,229 559,229
400 CENTRAL SUPPLY ACTIVITIES......................................... 929,944 927,944
Excess personnel............................................... [-2,000]
410 LOGISTIC SUPPORT ACTIVITIES....................................... 629,981 629,981
420 AMMUNITION MANAGEMENT............................................. 458,771 458,771
430 ADMINISTRATION.................................................... 428,768 428,768
440 SERVICEWIDE COMMUNICATIONS........................................ 1,512,736 1,512,736
450 MANPOWER MANAGEMENT............................................... 272,738 272,738
460 OTHER PERSONNEL SUPPORT........................................... 391,869 381,869
Unjustified growth............................................. [-10,000]
470 OTHER SERVICE SUPPORT............................................. 1,901,165 1,896,080
Unjustified headquarters growth................................ [-5,085]
480 ARMY CLAIMS ACTIVITIES............................................ 198,765 198,765
490 REAL ESTATE MANAGEMENT............................................ 226,248 226,248
500 FINANCIAL MANAGEMENT AND AUDIT READINESS.......................... 315,489 310,489
Unjustified growth to General Fund Enterprise Business System.. [-5,000]
510 INTERNATIONAL MILITARY HEADQUARTERS............................... 427,254 427,254
520 MISC. SUPPORT OF OTHER NATIONS.................................... 43,248 43,248
565 CLASSIFIED PROGRAMS............................................... 1,347,053 1,347,053
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES............................... 9,643,258 9,621,173
UNDISTRIBUTED
570 UNDISTRIBUTED..................................................... -110,000
Overestimation of Civilian FTE Targets......................... [-110,000]
[[Page H5510]]
SUBTOTAL UNDISTRIBUTED............................................ -110,000
TOTAL OPERATION & MAINTENANCE, ARMY............................... 42,012,484 40,165,499
OPERATION & MAINTENANCE, ARMY RES
OPERATING FORCES
010 MODULAR SUPPORT BRIGADES.......................................... 11,927 11,927
020 ECHELONS ABOVE BRIGADE............................................ 533,015 533,015
030 THEATER LEVEL ASSETS.............................................. 119,517 118,101
Insufficient justification..................................... [-1,416]
040 LAND FORCES OPERATIONS SUPPORT.................................... 550,468 548,268
Insufficient justification..................................... [-2,200]
050 AVIATION ASSETS................................................... 86,670 85,170
Unjustified growth............................................. [-1,500]
060 FORCE READINESS OPERATIONS SUPPORT................................ 390,061 388,661
Excess civilian increase....................................... [-400]
Excess travel increase......................................... [-1,000]
070 LAND FORCES SYSTEMS READINESS..................................... 101,890 101,890
080 LAND FORCES DEPOT MAINTENANCE..................................... 48,503 48,503
090 BASE OPERATIONS SUPPORT........................................... 598,907 598,907
100 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 444,376 444,376
110 MANAGEMENT AND OPERATIONAL HEADQUARTERS........................... 22,095 22,095
120 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS...................... 3,288 3,288
130 CYBERSPACE ACTIVITIES--CYBERSECURITY.............................. 7,655 7,655
SUBTOTAL OPERATING FORCES......................................... 2,918,372 2,911,856
ADMIN & SRVWD ACTIVITIES
140 SERVICEWIDE TRANSPORTATION........................................ 14,533 14,533
150 ADMINISTRATION.................................................... 17,231 17,231
160 SERVICEWIDE COMMUNICATIONS........................................ 14,304 14,304
170 MANPOWER MANAGEMENT............................................... 6,129 6,129
180 RECRUITING AND ADVERTISING........................................ 58,541 58,541
SUBTOTAL ADMIN & SRVWD ACTIVITIES................................. 110,738 110,738
TOTAL OPERATION & MAINTENANCE, ARMY RES........................... 3,029,110 3,022,594
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS.................................................... 805,671 797,671
Excess growth.................................................. [-8,000]
020 MODULAR SUPPORT BRIGADES.......................................... 195,334 193,334
Excess growth.................................................. [-2,000]
030 ECHELONS ABOVE BRIGADE............................................ 771,048 770,548
Excess growth.................................................. [-500]
040 THEATER LEVEL ASSETS.............................................. 94,726 91,826
Excess growth.................................................. [-2,900]
050 LAND FORCES OPERATIONS SUPPORT.................................... 33,696 33,696
060 AVIATION ASSETS................................................... 981,819 973,819
Insufficient justification..................................... [-8,000]
070 FORCE READINESS OPERATIONS SUPPORT................................ 743,206 743,206
080 LAND FORCES SYSTEMS READINESS..................................... 50,963 50,963
090 LAND FORCES DEPOT MAINTENANCE..................................... 258,278 249,778
Insufficient justification..................................... [-8,500]
100 BASE OPERATIONS SUPPORT........................................... 1,153,076 1,121,576
Insufficient justification..................................... [-31,500]
110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 1,113,475 1,033,475
Insufficient justification..................................... [-80,000]
120 MANAGEMENT AND OPERATIONAL HEADQUARTERS........................... 1,001,042 987,042
Insufficient justification..................................... [-14,000]
130 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS...................... 8,448 8,448
140 CYBERSPACE ACTIVITIES--CYBERSECURITY.............................. 7,768 7,768
SUBTOTAL OPERATING FORCES......................................... 7,218,550 7,063,150
ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE TRANSPORTATION........................................ 9,890 9,890
160 ADMINISTRATION.................................................... 71,070 71,070
170 SERVICEWIDE COMMUNICATIONS........................................ 68,213 68,213
180 MANPOWER MANAGEMENT............................................... 8,628 8,628
190 OTHER PERSONNEL SUPPORT........................................... 250,376 250,376
200 REAL ESTATE MANAGEMENT............................................ 2,676 2,676
SUBTOTAL ADMIN & SRVWD ACTIVITIES................................. 410,853 410,853
TOTAL OPERATION & MAINTENANCE, ARNG............................... 7,629,403 7,474,003
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT OPERATIONS............................... 5,309,109 5,029,734
Excess growth.................................................. [-15,000]
Projected underexecution....................................... [-50,000]
Realignment to OCO............................................. [-214,375]
020 FLEET AIR TRAINING................................................ 2,284,828 2,234,828
Projected underexecution....................................... [-50,000]
[[Page H5511]]
030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES.................... 59,299 59,299
040 AIR OPERATIONS AND SAFETY SUPPORT................................. 155,896 155,896
050 AIR SYSTEMS SUPPORT............................................... 719,107 719,107
060 AIRCRAFT DEPOT MAINTENANCE........................................ 1,154,181 1,154,181
070 AIRCRAFT DEPOT OPERATIONS SUPPORT................................. 60,402 59,202
Excess growth.................................................. [-1,200]
080 AVIATION LOGISTICS................................................ 1,241,421 1,219,421
Projected underexecution....................................... [-22,000]
090 MISSION AND OTHER SHIP OPERATIONS................................. 4,097,262 3,596,262
Realignment to OCO............................................. [-450,000]
Unjustified growth............................................. [-51,000]
100 SHIP OPERATIONS SUPPORT & TRAINING................................ 1,031,792 1,029,792
Excess civilian growth......................................... [-2,000]
110 SHIP DEPOT MAINTENANCE............................................ 8,061,298 8,895,298
Surface ship maintenance....................................... [161,000]
USS Boise...................................................... [310,000]
USS Columbus................................................... [57,000]
USS Hartford................................................... [306,000]
120 SHIP DEPOT OPERATIONS SUPPORT..................................... 2,073,641 2,066,141
Insufficient justification..................................... [-7,500]
130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE...................... 1,378,856 1,378,856
140 SPACE SYSTEMS AND SURVEILLANCE.................................... 276,245 273,745
Unjustified growth............................................. [-2,500]
150 WARFARE TACTICS................................................... 675,209 675,209
160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY.......................... 389,516 389,516
170 COMBAT SUPPORT FORCES............................................. 1,536,310 1,526,310
Unjustified growth............................................. [-10,000]
180 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT................ 161,579 161,579
190 COMBATANT COMMANDERS CORE OPERATIONS.............................. 59,521 59,521
200 COMBATANT COMMANDERS DIRECT MISSION SUPPORT....................... 93,978 93,978
210 MILITARY INFORMATION SUPPORT OPERATIONS........................... 8,641 8,641
220 CYBERSPACE ACTIVITIES............................................. 496,385 496,385
230 FLEET BALLISTIC MISSILE........................................... 1,423,339 1,423,339
240 WEAPONS MAINTENANCE............................................... 924,069 895,032
Insufficient justification..................................... [-29,037]
250 OTHER WEAPON SYSTEMS SUPPORT...................................... 540,210 540,210
260 ENTERPRISE INFORMATION............................................ 1,131,627 1,081,627
Unjustified growth............................................. [-50,000]
270 SUSTAINMENT, RESTORATION AND MODERNIZATION........................ 3,029,634 2,929,634
Unexecutable growth............................................ [-100,000]
280 BASE OPERATING SUPPORT............................................ 4,414,943 4,414,943
SUBTOTAL OPERATING FORCES......................................... 42,788,298 42,567,686
MOBILIZATION
290 SHIP PREPOSITIONING AND SURGE..................................... 942,902 668,561
Realignment to NDSF (DoD mobilization alterations)............. [-9,590]
Realignment to NDSF (LSMR maintenance)......................... [-264,751]
300 READY RESERVE FORCE............................................... 352,044 0
Realignment to NDSF............................................ [-352,044]
310 SHIP ACTIVATIONS/INACTIVATIONS.................................... 427,555 427,555
320 EXPEDITIONARY HEALTH SERVICES SYSTEMS............................. 137,597 40,730
Realignment to NDSF (TAH maintenance).......................... [-96,867]
330 COAST GUARD SUPPORT............................................... 24,604 24,604
SUBTOTAL MOBILIZATION............................................. 1,884,702 1,161,450
TRAINING AND RECRUITING
340 OFFICER ACQUISITION............................................... 150,765 150,765
350 RECRUIT TRAINING.................................................. 11,584 11,584
360 RESERVE OFFICERS TRAINING CORPS................................... 159,133 159,133
370 SPECIALIZED SKILL TRAINING........................................ 911,316 891,316
Insufficient justification..................................... [-20,000]
380 PROFESSIONAL DEVELOPMENT EDUCATION................................ 185,211 186,261
Program Increase: Sea Cadets................................... [1,050]
390 TRAINING SUPPORT.................................................. 267,224 267,224
400 RECRUITING AND ADVERTISING........................................ 209,252 209,252
410 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 88,902 88,902
420 CIVILIAN EDUCATION AND TRAINING................................... 67,492 67,492
430 JUNIOR ROTC....................................................... 55,164 55,164
SUBTOTAL TRAINING AND RECRUITING.................................. 2,106,043 2,087,093
ADMIN & SRVWD ACTIVITIES
440 ADMINISTRATION.................................................... 1,143,358 1,096,733
Excess civilian growth......................................... [-14,375]
Insufficient justification--MHA Transfer....................... [-25,500]
Unjustified growth............................................. [-6,750]
450 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT........................ 178,342 175,342
Excess civilian growth......................................... [-3,000]
460 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................ 418,413 418,413
490 SERVICEWIDE TRANSPORTATION........................................ 157,465 157,465
510 PLANNING, ENGINEERING, AND PROGRAM SUPPORT........................ 485,397 485,397
520 ACQUISITION, LOGISTICS, AND OVERSIGHT............................. 654,137 654,137
530 INVESTIGATIVE AND SECURITY SERVICES............................... 718,061 718,061
[[Page H5512]]
645 CLASSIFIED PROGRAMS............................................... 591,535 591,535
SUBTOTAL ADMIN & SRVWD ACTIVITIES................................. 4,346,708 4,297,083
UNDISTRIBUTED
650 UNDISTRIBUTED..................................................... -30,000
Overestimation of Civilian FTE Targets......................... [-30,000]
SUBTOTAL UNDISTRIBUTED............................................ -30,000
TOTAL OPERATION & MAINTENANCE, NAVY............................... 51,125,751 50,083,312
OPERATION & MAINTENANCE, MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES................................................ 968,224 927,224
Excess civilian growth......................................... [-1,000]
Unjustified growth............................................. [-40,000]
020 FIELD LOGISTICS................................................... 1,278,533 1,269,533
Excess civilian growth......................................... [-2,000]
Unjustified growth............................................. [-7,000]
030 DEPOT MAINTENANCE................................................. 232,991 232,991
040 MARITIME PREPOSITIONING........................................... 100,396 100,396
050 CYBERSPACE ACTIVITIES............................................. 203,580 201,580
Excess civilian growth......................................... [-2,000]
060 SUSTAINMENT, RESTORATION & MODERNIZATION.......................... 1,559,034 1,559,034
070 BASE OPERATING SUPPORT............................................ 2,253,776 2,213,776
Excess civilian growth......................................... [-6,000]
Unjustified growth............................................. [-34,000]
SUBTOTAL OPERATING FORCES......................................... 6,596,534 6,504,534
TRAINING AND RECRUITING
080 RECRUIT TRAINING.................................................. 21,240 21,240
090 OFFICER ACQUISITION............................................... 1,168 1,168
100 SPECIALIZED SKILL TRAINING........................................ 106,601 106,601
110 PROFESSIONAL DEVELOPMENT EDUCATION................................ 49,095 49,095
120 TRAINING SUPPORT.................................................. 407,315 403,715
Excess civilian growth......................................... [-1,300]
Unjustified growth............................................. [-2,300]
130 RECRUITING AND ADVERTISING........................................ 210,475 210,475
140 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 42,810 42,810
150 JUNIOR ROTC....................................................... 25,183 25,183
SUBTOTAL TRAINING AND RECRUITING.................................. 863,887 860,287
ADMIN & SRVWD ACTIVITIES
160 SERVICEWIDE TRANSPORTATION........................................ 29,894 29,894
170 ADMINISTRATION.................................................... 384,352 383,002
Excess civilian growth......................................... [-750]
Unjustified growth............................................. [-600]
225 CLASSIFIED PROGRAMS............................................... 52,057 52,057
SUBTOTAL ADMIN & SRVWD ACTIVITIES................................. 466,303 464,953
TOTAL OPERATION & MAINTENANCE, MARINE CORPS....................... 7,926,724 7,829,774
OPERATION & MAINTENANCE, NAVY RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT OPERATIONS............................... 654,220 639,220
Unjustified growth............................................. [-15,000]
020 INTERMEDIATE MAINTENANCE.......................................... 8,767 8,767
030 AIRCRAFT DEPOT MAINTENANCE........................................ 108,236 108,236
040 AIRCRAFT DEPOT OPERATIONS SUPPORT................................. 463 463
050 AVIATION LOGISTICS................................................ 26,014 26,014
060 SHIP OPERATIONS SUPPORT & TRAINING................................ 583 583
070 COMBAT COMMUNICATIONS............................................. 17,883 17,883
080 COMBAT SUPPORT FORCES............................................. 128,079 128,079
090 CYBERSPACE ACTIVITIES............................................. 356 356
100 ENTERPRISE INFORMATION............................................ 26,133 26,133
110 SUSTAINMENT, RESTORATION AND MODERNIZATION........................ 35,397 35,397
120 BASE OPERATING SUPPORT............................................ 101,376 101,376
SUBTOTAL OPERATING FORCES......................................... 1,107,507 1,092,507
ADMIN & SRVWD ACTIVITIES
130 ADMINISTRATION.................................................... 1,888 1,888
140 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................ 12,778 12,778
150 ACQUISITION AND PROGRAM MANAGEMENT................................ 2,943 2,943
SUBTOTAL ADMIN & SRVWD ACTIVITIES................................. 17,609 17,609
TOTAL OPERATION & MAINTENANCE, NAVY RES........................... 1,125,116 1,110,116
OPERATION & MAINTENANCE, MC RESERVE
OPERATING FORCES
010 OPERATING FORCES.................................................. 106,484 106,484
020 DEPOT MAINTENANCE................................................. 18,429 18,429
030 SUSTAINMENT, RESTORATION AND MODERNIZATION........................ 47,516 47,516
040 BASE OPERATING SUPPORT............................................ 106,073 106,073
[[Page H5513]]
SUBTOTAL OPERATING FORCES......................................... 278,502 278,502
ADMIN & SRVWD ACTIVITIES
050 ADMINISTRATION.................................................... 13,574 13,574
SUBTOTAL ADMIN & SRVWD ACTIVITIES................................. 13,574 13,574
TOTAL OPERATION & MAINTENANCE, MC RESERVE......................... 292,076 292,076
OPERATION & MAINTENANCE, AIR FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES............................................. 729,127 727,477
Excess travel costs............................................ [-1,650]
020 COMBAT ENHANCEMENT FORCES......................................... 1,318,770 1,318,770
030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS).................... 1,486,790 1,446,790
Unjustified growth............................................. [-40,000]
040 DEPOT PURCHASE EQUIPMENT MAINTENANCE.............................. 3,334,792 3,534,792
Readiness restoration.......................................... [200,000]
050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 4,142,435 4,142,435
060 CYBERSPACE SUSTAINMENT............................................ 228,811 228,811
070 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT................... 8,329,364 8,438,364
Expansion of Conditions Based Maintenance Plus (CBM+).......... [18,000]
Readiness restoration.......................................... [91,000]
080 FLYING HOUR PROGRAM............................................... 4,048,773 3,498,773
Realignment to OCO............................................. [-550,000]
090 BASE SUPPORT...................................................... 7,223,982 7,073,982
Insufficient justification..................................... [-150,000]
100 GLOBAL C3I AND EARLY WARNING...................................... 964,553 964,553
110 OTHER COMBAT OPS SPT PROGRAMS..................................... 1,032,307 1,026,161
Unjustified growth............................................. [-6,146]
120 CYBERSPACE ACTIVITIES............................................. 670,076 670,076
140 LAUNCH FACILITIES................................................. 179,980 179,980
150 SPACE CONTROL SYSTEMS............................................. 467,990 464,490
Insufficient justification..................................... [-3,500]
160 US NORTHCOM/NORAD................................................. 184,655 184,655
170 US STRATCOM....................................................... 478,357 478,357
180 US CYBERCOM....................................................... 323,121 323,121
190 US CENTCOM........................................................ 160,989 160,989
200 US SOCOM.......................................................... 6,225 6,225
210 US TRANSCOM....................................................... 544 544
220 CENTCOM CYBERSPACE SUSTAINMENT.................................... 2,073 2,073
230 USSPACECOM........................................................ 70,588 70,588
235 CLASSIFIED PROGRAMS............................................... 1,322,944 1,322,944
SUBTOTAL OPERATING FORCES......................................... 36,707,246 36,264,950
MOBILIZATION
240 AIRLIFT OPERATIONS................................................ 1,158,142 1,151,342
Unjustified growth............................................. [-6,800]
250 MOBILIZATION PREPAREDNESS......................................... 138,672 130,172
Unjustified growth............................................. [-8,500]
SUBTOTAL MOBILIZATION............................................. 1,296,814 1,281,514
TRAINING AND RECRUITING
260 OFFICER ACQUISITION............................................... 130,835 130,835
270 RECRUIT TRAINING.................................................. 26,021 26,021
280 RESERVE OFFICERS TRAINING CORPS (ROTC)............................ 121,391 121,391
290 SPECIALIZED SKILL TRAINING........................................ 454,539 449,539
Insufficient justification..................................... [-5,000]
300 FLIGHT TRAINING................................................... 600,565 600,565
310 PROFESSIONAL DEVELOPMENT EDUCATION................................ 282,788 282,788
320 TRAINING SUPPORT.................................................. 123,988 119,988
Unjustified growth............................................. [-4,000]
330 RECRUITING AND ADVERTISING........................................ 167,731 167,731
340 EXAMINING......................................................... 4,576 4,576
350 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 211,911 211,911
360 CIVILIAN EDUCATION AND TRAINING................................... 219,021 219,021
370 JUNIOR ROTC....................................................... 62,092 62,092
SUBTOTAL TRAINING AND RECRUITING.................................. 2,405,458 2,396,458
ADMIN & SRVWD ACTIVITIES
380 LOGISTICS OPERATIONS.............................................. 664,926 664,926
390 TECHNICAL SUPPORT ACTIVITIES...................................... 101,483 101,483
400 ADMINISTRATION.................................................... 892,480 892,480
410 SERVICEWIDE COMMUNICATIONS........................................ 152,532 152,532
420 OTHER SERVICEWIDE ACTIVITIES...................................... 1,254,089 1,254,089
430 CIVIL AIR PATROL.................................................. 30,070 37,200
Improved emergency crew readiness.............................. [7,130]
460 INTERNATIONAL SUPPORT............................................. 136,110 136,110
465 CLASSIFIED PROGRAMS............................................... 1,269,624 1,269,624
SUBTOTAL ADMIN & SRVWD ACTIVITIES................................. 4,501,314 4,508,444
TOTAL OPERATION & MAINTENANCE, AIR FORCE.......................... 44,910,832 44,451,366
[[Page H5514]]
OPERATION & MAINTENANCE, SPACE FORCE
OPERATING FORCES
010 BASE SUPPORT...................................................... 72,436 15,000
Insufficient justification..................................... [-57,436]
SUBTOTAL OPERATING FORCES......................................... 72,436 15,000
TOTAL OPERATION & MAINTENANCE, SPACE FORCE........................ 72,436 15,000
OPERATION & MAINTENANCE, AF RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES............................................. 1,781,413 1,739,288
Delay in KC-46 aircraft delivery............................... [-31,492]
Excess Growth.................................................. [-10,633]
020 MISSION SUPPORT OPERATIONS........................................ 209,650 204,150
Insufficient justification..................................... [-5,500]
030 DEPOT PURCHASE EQUIPMENT MAINTENANCE.............................. 494,235 484,235
Excess growth.................................................. [-10,000]
040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 128,746 128,746
050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT................... 256,512 256,512
060 BASE SUPPORT...................................................... 414,626 414,626
070 CYBERSPACE ACTIVITIES............................................. 1,673 1,673
SUBTOTAL OPERATING FORCES......................................... 3,286,855 3,229,230
ADMINISTRATION AND SERVICEWIDE ACTIVITIES
080 ADMINISTRATION.................................................... 69,436 69,436
090 RECRUITING AND ADVERTISING........................................ 22,124 22,124
100 MILITARY MANPOWER AND PERS MGMT (ARPC)............................ 10,946 10,946
110 OTHER PERS SUPPORT (DISABILITY COMP).............................. 7,009 7,009
120 AUDIOVISUAL....................................................... 448 448
SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES................ 109,963 109,963
TOTAL OPERATION & MAINTENANCE, AF RESERVE......................... 3,396,818 3,339,193
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS............................................... 2,497,967 2,414,000
Delay in KC-46 aircraft delivery............................... [-5,267]
Insufficient justification..................................... [-78,700]
020 MISSION SUPPORT OPERATIONS........................................ 600,377 585,377
Insufficient justification..................................... [-15,000]
030 DEPOT PURCHASE EQUIPMENT MAINTENANCE.............................. 879,467 872,467
Excess growth.................................................. [-7,000]
040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 400,734 395,134
Insufficient justification..................................... [-5,600]
050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT................... 1,299,089 1,290,089
Excess growth.................................................. [-9,000]
060 BASE SUPPORT...................................................... 911,775 901,775
Insufficient justification..................................... [-10,000]
070 CYBERSPACE SUSTAINMENT............................................ 24,742 24,742
080 CYBERSPACE ACTIVITIES............................................. 25,507 25,507
SUBTOTAL OPERATING FORCES......................................... 6,639,658 6,509,091
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
090 ADMINISTRATION.................................................... 47,215 47,215
100 RECRUITING AND ADVERTISING........................................ 40,356 40,356
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES............... 87,571 87,571
TOTAL OPERATION & MAINTENANCE, ANG................................ 6,727,229 6,596,662
OPERATION AND MAINTENANCE, DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF............................................. 409,542 409,542
020 JOINT CHIEFS OF STAFF--CE2T2...................................... 579,179 579,179
030 JOINT CHIEFS OF STAFF--CYBER...................................... 24,598 24,598
040 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES.......... 1,075,762 1,075,762
050 SPECIAL OPERATIONS COMMAND CYBERSPACE ACTIVITIES.................. 14,409 14,409
060 SPECIAL OPERATIONS COMMAND INTELLIGENCE........................... 501,747 486,747
Program decrease--SOCRATES..................................... [-9,000]
Unjustified growth--DCGS....................................... [-6,000]
070 SPECIAL OPERATIONS COMMAND MAINTENANCE............................ 559,300 544,300
Projected underexecution....................................... [-15,000]
080 SPECIAL OPERATIONS COMMAND MANAGEMENT/OPERATIONAL HEADQUARTERS.... 177,928 177,928
090 SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT.................... 925,262 899,262
Base support underexecution.................................... [-6,000]
Operational support underexecution............................. [-10,000]
Unjustified growth--C4IAS Saas................................. [-10,000]
100 SPECIAL OPERATIONS COMMAND THEATER FORCES......................... 2,764,738 2,724,738
Program decrease............................................... [-55,000]
Program increase--suicide prevention........................... [15,000]
SUBTOTAL OPERATING FORCES......................................... 7,032,465 6,936,465
TRAINING AND RECRUITING
[[Page H5515]]
120 DEFENSE ACQUISITION UNIVERSITY.................................... 180,250 180,250
130 JOINT CHIEFS OF STAFF............................................. 100,610 100,610
140 PROFESSIONAL DEVELOPMENT EDUCATION................................ 33,967 33,967
SUBTOTAL TRAINING AND RECRUITING.................................. 314,827 314,827
ADMIN & SRVWIDE ACTIVITIES
160 CIVIL MILITARY PROGRAMS........................................... 165,707 195,707
Program increase--STARBASE..................................... [30,000]
180 DEFENSE CONTRACT AUDIT AGENCY..................................... 627,467 627,467
190 DEFENSE CONTRACT AUDIT AGENCY--CYBER.............................. 3,362 3,362
200 DEFENSE CONTRACT MANAGEMENT AGENCY................................ 1,438,068 1,438,068
210 DEFENSE CONTRACT MANAGEMENT AGENCY--CYBER......................... 24,391 24,391
220 DEFENSE HUMAN RESOURCES ACTIVITY.................................. 892,438 898,438
Program increase--national flagship language initiative........ [6,000]
230 DEFENSE INFORMATION SYSTEMS AGENCY................................ 2,012,885 2,028,022
Realignment for Sharkseer...................................... [35,137]
Unjustified growth............................................. [-20,000]
240 DEFENSE INFORMATION SYSTEMS AGENCY--CYBER......................... 601,223 601,223
270 DEFENSE LEGAL SERVICES AGENCY..................................... 34,632 34,632
280 DEFENSE LOGISTICS AGENCY.......................................... 415,699 430,199
Excess growth.................................................. [-5,000]
Program increase--PTAP......................................... [19,500]
290 DEFENSE MEDIA ACTIVITY............................................ 202,792 196,792
Program decrease............................................... [-6,000]
300 DEFENSE PERSONNEL ACCOUNTING AGENCY............................... 144,881 144,881
310 DEFENSE SECURITY COOPERATION AGENCY............................... 696,884 681,884
Increase for AM&E.............................................. [11,000]
Increase for AM&E.............................................. [-11,000]
Unjustified growth............................................. [-15,000]
320 DEFENSE SECURITY SERVICE.......................................... 889,664 889,664
340 DEFENSE SECURITY SERVICE--CYBER................................... 9,220 9,220
360 DEFENSE TECHNICAL INFORMATION CENTER.............................. 3,000 3,000
370 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION........................ 35,626 35,626
380 DEFENSE THREAT REDUCTION AGENCY................................... 568,133 568,133
400 DEFENSE THREAT REDUCTION AGENCY--CYBER............................ 13,339 13,339
410 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY.......................... 2,932,226 2,982,226
Program increase--impact aid for children with severe [10,000]
disabilites...................................................
Program increase--impact aid to schools with military [40,000]
dependents....................................................
420 MISSILE DEFENSE AGENCY............................................ 522,529 522,529
450 OFFICE OF ECONOMIC ADJUSTMENT..................................... 59,513 114,913
Civilian growth................................................ [400]
Defense Community Infrastructure Program (DCIP)................ [50,000]
Program increase--military aviation noise pilot program........ [5,000]
460 OFFICE OF THE SECRETARY OF DEFENSE................................ 1,604,738 1,529,476
Basic Needs Allowance for low-income regular members........... [15,000]
Excess growth.................................................. [-58,839]
Increase to OUSD(A&S)--JASONs.................................. [7,000]
Military aviation safety commission............................ [3,000]
Program decrease............................................... [-53,000]
Readiness and Environmental Protection Initiative increase..... [25,000]
Reduction to OUSD(R&E)--JASONs................................. [-7,000]
Unjustified growth............................................. [-6,423]
470 OFFICE OF THE SECRETARY OF DEFENSE--CYBER......................... 48,783 48,783
480 SPACE DEVELOPMENT AGENCY.......................................... 44,750 44,750
500 WASHINGTON HEADQUARTERS SERVICES.................................. 324,001 296,201
Insufficient justification..................................... [-27,800]
505 CLASSIFIED PROGRAMS............................................... 15,816,598 15,755,461
Classified adjustment.......................................... [-26,000]
Realignment to DISA for Sharkseer.............................. [-35,137]
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES............................... 30,132,549 30,118,387
TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE..................... 37,479,841 37,369,379
US COURT OF APPEALS FOR ARMED FORCES, DEF
ADMINISTRATION AND ASSOCIATED ACTIVITIES
010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE................. 14,771 14,771
SUBTOTAL ADMINISTRATION AND ASSOCIATED ACTIVITIES................. 14,771 14,771
TOTAL US COURT OF APPEALS FOR ARMED FORCES, DEF................... 14,771 14,771
DOD ACQUISITION WORKFORCE DEVELOPMENT FUND
ACQUISITION WORKFORCE DEVELOPMENT
010 ACQ WORKFORCE DEV FD.............................................. 400,000 375,000
Program decrease............................................... [-25,000]
SUBTOTAL ACQUISITION WORKFORCE DEVELOPMENT........................ 400,000 375,000
TOTAL DOD ACQUISITION WORKFORCE DEVELOPMENT FUND.................. 400,000 375,000
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
HUMANITARIAN ASSISTANCE
010 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID..................... 108,600 110,800
Increase for HMA............................................... [2,200]
[[Page H5516]]
SUBTOTAL HUMANITARIAN ASSISTANCE.................................. 108,600 110,800
TOTAL OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID.............. 108,600 110,800
COOPERATIVE THREAT REDUCTION ACCOUNT
COOPERATIVE THREAT REDUCTION
010 COOPERATIVE THREAT REDUCTION...................................... 338,700 338,700
SUBTOTAL COOPERATIVE THREAT REDUCTION............................. 338,700 338,700
TOTAL COOPERATIVE THREAT REDUCTION ACCOUNT........................ 338,700 338,700
ENVIRONMENTAL RESTORATION, ARMY
DEPARTMENT OF THE ARMY
050 ENVIRONMENTAL RESTORATION, ARMY................................... 207,518 235,809
Perfluorinated chemicals....................................... [28,291]
SUBTOTAL DEPARTMENT OF THE ARMY................................... 207,518 235,809
TOTAL ENVIRONMENTAL RESTORATION, ARMY............................. 207,518 235,809
ENVIRONMENTAL RESTORATION, NAVY
DEPARTMENT OF THE NAVY
060 ENVIRONMENTAL RESTORATION, NAVY................................... 335,932 365,883
Perfluorinated chemicals....................................... [29,951]
SUBTOTAL DEPARTMENT OF THE NAVY................................... 335,932 365,883
TOTAL ENVIRONMENTAL RESTORATION, NAVY............................. 335,932 365,883
ENVIRONMENTAL RESTORATION, AIR FORCE
DEPARTMENT OF THE AIR FORCE
070 ENVIRONMENTAL RESTORATION, AIR FORCE.............................. 302,744 365,808
Perfluorinated chemicals....................................... [63,064]
SUBTOTAL DEPARTMENT OF THE AIR FORCE.............................. 302,744 365,808
TOTAL ENVIRONMENTAL RESTORATION, AIR FORCE........................ 302,744 365,808
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
080 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE........................... 9,105 19,002
Perfluorinated chemicals....................................... [9,897]
SUBTOTAL DEFENSE-WIDE............................................. 9,105 19,002
TOTAL ENVIRONMENTAL RESTORATION, DEFENSE-WIDE..................... 9,105 19,002
ENVIRONMENTAL RESTORATION FORMERLY USED SITES
DEFENSE-WIDE
090 ENVIRONMENTAL RESTORATION FORMERLY USED SITES..................... 216,499 216,499
SUBTOTAL DEFENSE-WIDE............................................. 216,499 216,499
TOTAL ENVIRONMENTAL RESTORATION FORMERLY USED SITES............... 216,499 216,499
TOTAL OPERATION & MAINTENANCE..................................... 207,661,689 203,791,546
----------------------------------------------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY
OPERATIONS.
------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 House
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS................ 1,410,874 1,410,874
030 ECHELONS ABOVE BRIGADE........ 26,502 26,502
040 THEATER LEVEL ASSETS.......... 2,274,490 2,274,490
050 LAND FORCES OPERATIONS SUPPORT 136,288 136,288
060 AVIATION ASSETS............... 300,240 300,240
070 FORCE READINESS OPERATIONS 3,415,009 4,515,009
SUPPORT......................
Realignment from base..... [1,100,000]
080 LAND FORCES SYSTEMS READINESS. 29,985 29,985
090 LAND FORCES DEPOT MAINTENANCE. 86,931 86,931
100 BASE OPERATIONS SUPPORT....... 115,706 115,706
110 FACILITIES SUSTAINMENT, 72,657 72,657
RESTORATION & MODERNIZATION..
130 ADDITIONAL ACTIVITIES......... 6,397,586 6,397,586
140 COMMANDER'S EMERGENCY RESPONSE 5,000 0
PROGRAM......................
Realignment of redress and [-5,000]
loss funding..............
150 RESET......................... 1,048,896 1,048,896
160 US AFRICA COMMAND............. 203,174 203,174
170 US EUROPEAN COMMAND........... 173,676 173,676
200 CYBERSPACE ACTIVITIES-- 188,529 188,529
CYBERSPACE OPERATIONS........
210 CYBERSPACE ACTIVITIES-- 5,682 5,682
CYBERSECURITY................
[[Page H5517]]
SUBTOTAL OPERATING FORCES..... 15,891,225 16,986,225
MOBILIZATION
230 ARMY PREPOSITIONED STOCKS..... 131,954 131,954
SUBTOTAL MOBILIZATION......... 131,954 131,954
ADMIN & SRVWIDE ACTIVITIES
390 SERVICEWIDE TRANSPORTATION.... 721,014 721,014
400 CENTRAL SUPPLY ACTIVITIES..... 66,845 66,845
410 LOGISTIC SUPPORT ACTIVITIES... 9,309 9,309
420 AMMUNITION MANAGEMENT......... 23,653 23,653
460 OTHER PERSONNEL SUPPORT....... 109,019 109,019
490 REAL ESTATE MANAGEMENT........ 251,355 251,355
565 CLASSIFIED PROGRAMS........... 1,568,564 1,568,564
SUBTOTAL ADMIN & SRVWIDE 2,749,759 2,749,759
ACTIVITIES...................
TOTAL OPERATION & MAINTENANCE, 18,772,938 19,867,938
ARMY.........................
OPERATION & MAINTENANCE, ARMY
RES
OPERATING FORCES
020 ECHELONS ABOVE BRIGADE........ 20,440 20,440
060 FORCE READINESS OPERATIONS 689 689
SUPPORT......................
090 BASE OPERATIONS SUPPORT....... 16,463 16,463
SUBTOTAL OPERATING FORCES..... 37,592 37,592
TOTAL OPERATION & MAINTENANCE, 37,592 37,592
ARMY RES.....................
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS................ 45,896 45,896
020 MODULAR SUPPORT BRIGADES...... 180 180
030 ECHELONS ABOVE BRIGADE........ 2,982 2,982
040 THEATER LEVEL ASSETS.......... 548 548
060 AVIATION ASSETS............... 9,229 9,229
070 FORCE READINESS OPERATIONS 1,584 1,584
SUPPORT......................
100 BASE OPERATIONS SUPPORT....... 22,063 22,063
120 MANAGEMENT AND OPERATIONAL 606 606
HEADQUARTERS.................
SUBTOTAL OPERATING FORCES..... 83,088 83,088
ADMIN & SRVWD ACTIVITIES
170 SERVICEWIDE COMMUNICATIONS.... 203 203
SUBTOTAL ADMIN & SRVWD 203 203
ACTIVITIES...................
TOTAL OPERATION & MAINTENANCE, 83,291 83,291
ARNG.........................
AFGHAN NATIONAL ARMY
090 SUSTAINMENT................... 1,313,047 1,313,047
100 INFRASTRUCTURE................ 37,152 37,152
110 EQUIPMENT AND TRANSPORTATION.. 120,868 120,868
120 TRAINING AND OPERATIONS....... 118,591 118,591
SUBTOTAL AFGHAN NATIONAL ARMY. 1,589,658 1,589,658
AFGHAN NATIONAL POLICE
130 SUSTAINMENT................... 422,806 422,806
140 INFRASTRUCTURE................ 2,358 2,358
150 EQUIPMENT AND TRANSPORTATION.. 127,081 127,081
160 TRAINING AND OPERATIONS....... 108,112 108,112
SUBTOTAL AFGHAN NATIONAL 660,357 660,357
POLICE.......................
AFGHAN AIR FORCE
170 SUSTAINMENT................... 893,829 893,829
180 INFRASTRUCTURE................ 8,611 8,611
190 EQUIPMENT AND TRANSPORTATION.. 566,967 566,967
200 TRAINING AND OPERATIONS....... 356,108 356,108
SUBTOTAL AFGHAN AIR FORCE..... 1,825,515 1,825,515
AFGHAN SPECIAL SECURITY FORCES
210 SUSTAINMENT................... 437,909 437,909
220 INFRASTRUCTURE................ 21,131 21,131
230 EQUIPMENT AND TRANSPORTATION.. 153,806 153,806
240 TRAINING AND OPERATIONS....... 115,602 115,602
SUBTOTAL AFGHAN SPECIAL 728,448 728,448
SECURITY FORCES..............
UNDISTRIBUTED
245 UNDISTRIBUTED................. -300,000
Unjustified request....... [-300,000]
SUBTOTAL UNDISTRIBUTED........ -300,000
TOTAL AFGHANISTAN SECURITY 4,803,978 4,503,978
FORCES FUND..................
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
[[Page H5518]]
010 IRAQ.......................... 745,000 663,000
Unjustified request....... [-82,000]
020 SYRIA......................... 300,000 300,000
030 BORDER SECURITY............... 250,000
Realignment of CTEF border [250,000]
security funding..........
SUBTOTAL COUNTER ISIS TRAIN 1,045,000 1,213,000
AND EQUIP FUND (CTEF)........
TOTAL COUNTER ISIS TRAIN AND 1,045,000 1,213,000
EQUIP FUND (CTEF)............
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 373,047 587,422
OPERATIONS...................
Realignment from base..... [214,375]
030 AVIATION TECHNICAL DATA & 816 816
ENGINEERING SERVICES.........
040 AIR OPERATIONS AND SAFETY 9,582 9,582
SUPPORT......................
050 AIR SYSTEMS SUPPORT........... 197,262 197,262
060 AIRCRAFT DEPOT MAINTENANCE.... 168,246 168,246
070 AIRCRAFT DEPOT OPERATIONS 3,594 3,594
SUPPORT......................
080 AVIATION LOGISTICS............ 10,618 10,618
090 MISSION AND OTHER SHIP 1,485,108 1,935,108
OPERATIONS...................
Realignment from base..... [450,000]
100 SHIP OPERATIONS SUPPORT & 20,334 20,334
TRAINING.....................
110 SHIP DEPOT MAINTENANCE........ 2,365,615 2,365,615
130 COMBAT COMMUNICATIONS AND 58,092 58,092
ELECTRONIC WARFARE...........
140 SPACE SYSTEMS AND SURVEILLANCE 18,000 18,000
150 WARFARE TACTICS............... 16,984 16,984
160 OPERATIONAL METEOROLOGY AND 29,382 29,382
OCEANOGRAPHY.................
170 COMBAT SUPPORT FORCES......... 608,870 608,870
180 EQUIPMENT MAINTENANCE AND 7,799 7,799
DEPOT OPERATIONS SUPPORT.....
200 COMBATANT COMMANDERS DIRECT 24,800 24,800
MISSION SUPPORT..............
220 CYBERSPACE ACTIVITIES......... 363 363
240 WEAPONS MAINTENANCE........... 486,188 486,188
250 OTHER WEAPON SYSTEMS SUPPORT.. 12,189 12,189
270 SUSTAINMENT, RESTORATION AND 68,667 68,667
MODERNIZATION................
280 BASE OPERATING SUPPORT........ 219,099 219,099
SUBTOTAL OPERATING FORCES..... 6,184,655 6,849,030
MOBILIZATION
320 EXPEDITIONARY HEALTH SERVICES 17,580 17,580
SYSTEMS......................
330 COAST GUARD SUPPORT........... 190,000 190,000
SUBTOTAL MOBILIZATION......... 207,580 207,580
TRAINING AND RECRUITING
370 SPECIALIZED SKILL TRAINING.... 52,161 52,161
SUBTOTAL TRAINING AND 52,161 52,161
RECRUITING...................
ADMIN & SRVWD ACTIVITIES
440 ADMINISTRATION................ 8,475 8,475
460 MILITARY MANPOWER AND 7,653 7,653
PERSONNEL MANAGEMENT.........
490 SERVICEWIDE TRANSPORTATION.... 70,683 70,683
520 ACQUISITION, LOGISTICS, AND 11,130 11,130
OVERSIGHT....................
530 INVESTIGATIVE AND SECURITY 1,559 1,559
SERVICES.....................
645 CLASSIFIED PROGRAMS........... 17,754 17,754
SUBTOTAL ADMIN & SRVWD 117,254 117,254
ACTIVITIES...................
TOTAL OPERATION & MAINTENANCE, 6,561,650 7,226,025
NAVY.........................
OPERATION & MAINTENANCE,
MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............ 714,653 714,653
020 FIELD LOGISTICS............... 232,508 232,508
030 DEPOT MAINTENANCE............. 54,101 54,101
050 CYBERSPACE ACTIVITIES......... 2,000 2,000
070 BASE OPERATING SUPPORT........ 24,570 24,570
SUBTOTAL OPERATING FORCES..... 1,027,832 1,027,832
TRAINING AND RECRUITING
120 TRAINING SUPPORT.............. 30,459 30,459
SUBTOTAL TRAINING AND 30,459 30,459
RECRUITING...................
ADMIN & SRVWD ACTIVITIES
160 SERVICEWIDE TRANSPORTATION.... 61,400 61,400
225 CLASSIFIED PROGRAMS........... 5,100 5,100
SUBTOTAL ADMIN & SRVWD 66,500 66,500
ACTIVITIES...................
TOTAL OPERATION & MAINTENANCE, 1,124,791 1,124,791
MARINE CORPS.................
OPERATION & MAINTENANCE, NAVY
RES
OPERATING FORCES
020 INTERMEDIATE MAINTENANCE...... 510 510
030 AIRCRAFT DEPOT MAINTENANCE.... 11,628 11,628
080 COMBAT SUPPORT FORCES......... 10,898 10,898
[[Page H5519]]
SUBTOTAL OPERATING FORCES..... 23,036 23,036
TOTAL OPERATION & MAINTENANCE, 23,036 23,036
NAVY RES.....................
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES.............. 7,627 7,627
040 BASE OPERATING SUPPORT........ 1,080 1,080
SUBTOTAL OPERATING FORCES..... 8,707 8,707
TOTAL OPERATION & MAINTENANCE, 8,707 8,707
MC RESERVE...................
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 163,632 163,632
020 COMBAT ENHANCEMENT FORCES..... 1,049,170 1,049,170
030 AIR OPERATIONS TRAINING (OJT, 111,808 111,808
MAINTAIN SKILLS).............
040 DEPOT PURCHASE EQUIPMENT 408,699 408,699
MAINTENANCE..................
050 FACILITIES SUSTAINMENT, 147,264 147,264
RESTORATION & MODERNIZATION..
060 CYBERSPACE SUSTAINMENT........ 10,061 10,061
070 CONTRACTOR LOGISTICS SUPPORT 953,594 953,594
AND SYSTEM SUPPORT...........
080 FLYING HOUR PROGRAM........... 2,495,266 3,045,266
Realignment from base..... [550,000]
090 BASE SUPPORT.................. 1,538,120 1,538,120
100 GLOBAL C3I AND EARLY WARNING.. 13,863 13,863
110 OTHER COMBAT OPS SPT PROGRAMS. 272,020 272,020
120 CYBERSPACE ACTIVITIES......... 17,657 17,657
130 TACTICAL INTEL AND OTHER 36,098 36,098
SPECIAL ACTIVITIES...........
140 LAUNCH FACILITIES............. 391 391
150 SPACE CONTROL SYSTEMS......... 39,990 39,990
160 US NORTHCOM/NORAD............. 725 725
170 US STRATCOM................... 926 926
180 US CYBERCOM................... 35,189 35,189
190 US CENTCOM.................... 163,015 163,015
200 US SOCOM...................... 19,000 19,000
SUBTOTAL OPERATING FORCES..... 7,476,488 8,026,488
MOBILIZATION
240 AIRLIFT OPERATIONS............ 1,271,439 1,271,439
250 MOBILIZATION PREPAREDNESS..... 109,682 109,682
SUBTOTAL MOBILIZATION......... 1,381,121 1,381,121
TRAINING AND RECRUITING
260 OFFICER ACQUISITION........... 200 200
270 RECRUIT TRAINING.............. 352 352
290 SPECIALIZED SKILL TRAINING.... 26,802 26,802
300 FLIGHT TRAINING............... 844 844
310 PROFESSIONAL DEVELOPMENT 1,199 1,199
EDUCATION....................
320 TRAINING SUPPORT.............. 1,320 1,320
SUBTOTAL TRAINING AND 30,717 30,717
RECRUITING...................
ADMIN & SRVWD ACTIVITIES
380 LOGISTICS OPERATIONS.......... 164,701 164,701
390 TECHNICAL SUPPORT ACTIVITIES.. 11,608 11,608
400 ADMINISTRATION................ 4,814 4,814
410 SERVICEWIDE COMMUNICATIONS.... 145,204 145,204
420 OTHER SERVICEWIDE ACTIVITIES.. 98,841 98,841
460 INTERNATIONAL SUPPORT......... 29,890 29,890
465 CLASSIFIED PROGRAMS........... 52,995 52,995
SUBTOTAL ADMIN & SRVWD 508,053 508,053
ACTIVITIES...................
TOTAL OPERATION & MAINTENANCE, 9,396,379 9,946,379
AIR FORCE....................
OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
030 DEPOT PURCHASE EQUIPMENT 24,188 24,188
MAINTENANCE..................
060 BASE SUPPORT.................. 5,570 5,570
SUBTOTAL OPERATING FORCES..... 29,758 29,758
TOTAL OPERATION & MAINTENANCE, 29,758 29,758
AF RESERVE...................
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
020 MISSION SUPPORT OPERATIONS.... 3,666 3,666
030 DEPOT PURCHASE EQUIPMENT 66,944 66,944
MAINTENANCE..................
050 CONTRACTOR LOGISTICS SUPPORT 93,620 93,620
AND SYSTEM SUPPORT...........
060 BASE SUPPORT.................. 12,679 12,679
SUBTOTAL OPERATING FORCES..... 176,909 176,909
TOTAL OPERATION & MAINTENANCE, 176,909 176,909
ANG..........................
OPERATION AND MAINTENANCE,
DEFENSE-WIDE
[[Page H5520]]
OPERATING FORCES
010 JOINT CHIEFS OF STAFF......... 21,866 21,866
020 JOINT CHIEFS OF STAFF--CE2T2.. 6,634 6,634
040 SPECIAL OPERATIONS COMMAND 1,121,580 1,121,580
COMBAT DEVELOPMENT ACTIVITIES
060 SPECIAL OPERATIONS COMMAND 1,328,201 1,328,201
INTELLIGENCE.................
070 SPECIAL OPERATIONS COMMAND 399,845 399,845
MAINTENANCE..................
090 SPECIAL OPERATIONS COMMAND 138,458 102,958
OPERATIONAL SUPPORT..........
Project underexecution-- [-35,500]
communications............
100 SPECIAL OPERATIONS COMMAND 808,729 808,729
THEATER FORCES...............
SUBTOTAL OPERATING FORCES..... 3,825,313 3,789,813
ADMIN & SRVWIDE ACTIVITIES
180 DEFENSE CONTRACT AUDIT AGENCY. 1,810 1,810
200 DEFENSE CONTRACT MANAGEMENT 21,723 21,723
AGENCY.......................
230 DEFENSE INFORMATION SYSTEMS 81,133 81,133
AGENCY.......................
240 DEFENSE INFORMATION SYSTEMS 3,455 3,455
AGENCY--CYBER................
270 DEFENSE LEGAL SERVICES AGENCY. 196,124 196,124
290 DEFENSE MEDIA ACTIVITY........ 14,377 14,377
310 DEFENSE SECURITY COOPERATION 1,927,217 1,364,427
AGENCY.......................
Realignment of CTEF border [-250,000]
security funding..........
Transfer of funds to [-250,000]
Ukraine Security
Assistance................
Unjustified growth........ [-62,790]
380 DEFENSE THREAT REDUCTION 317,558 307,558
AGENCY.......................
Program decrease.......... [-10,000]
410 DEPARTMENT OF DEFENSE 31,620 31,620
EDUCATION ACTIVITY...........
460 OFFICE OF THE SECRETARY OF 16,666 21,666
DEFENSE......................
Realignment of redress and [5,000]
loss funding..............
500 WASHINGTON HEADQUARTERS 6,331 6,331
SERVICES.....................
505 CLASSIFIED PROGRAMS........... 1,924,785 1,924,785
SUBTOTAL ADMIN & SRVWIDE 4,542,799 3,975,009
ACTIVITIES...................
TOTAL OPERATION AND 8,368,112 7,764,822
MAINTENANCE, DEFENSE-WIDE....
UKRAINE SECURITY ASSISTANCE
UKRAINE SECURITY ASSISTANCE
010 UKRAINE SECURITY ASSISTANCE... 250,000
Transfer of funds from [250,000]
Defense Security
Cooperation Agency........
SUBTOTAL UKRAINE SECURITY 250,000
ASSISTANCE...................
TOTAL UKRAINE SECURITY 250,000
ASSISTANCE...................
TOTAL OPERATION & MAINTENANCE. 50,432,141 52,256,226
------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
SEC. 4401. MILITARY PERSONNEL.
------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 House
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations.... 143,476,503 142,248,503
Historical unobligated balances.... [-1,228,000]
Medicare-Eligible Retiree Health Fund 7,816,815 7,816,815
Contributions.......................
------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY
OPERATIONS.
------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 House
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations....... 4,485,808 4,485,808
------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
SEC. 4501. OTHER AUTHORIZATIONS.
------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 House
Item Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
INDUSTRIAL OPERATIONS................... 57,467 57,467
SUPPLY MANAGEMENT--ARMY................. 32,130 32,130
TOTAL WORKING CAPITAL FUND, ARMY...... 89,597 89,597
[[Page H5521]]
WORKING CAPITAL FUND, AIR FORCE
TRANSPORTATION
SUPPLIES AND MATERIALS.................. 92,499 92,499
TOTAL WORKING CAPITAL FUND, AIR FORCE. 92,499 92,499
WORKING CAPITAL FUND, DEFENSE-WIDE
SUPPLY CHAIN MANAGEMENT--DEF............ 49,085 49,085
TOTAL WORKING CAPITAL FUND, DEFENSE- 49,085 49,085
WIDE.................................
WORKING CAPITAL FUND, DECA
WORKING CAPITAL FUND, DECA.............. 995,030 995,030
TOTAL WORKING CAPITAL FUND, DECA...... 995,030 995,030
NATIONAL DEFENSE SEALIFT FUND
LG MED SPD RO/RO MAINTENANCE............ 264,751
Realignment from Operations and [264,751]
Maintenance, Navy..................
DOD MOBILIZATION ALTERATIONS............ 9,590
Realignment from Operations and [9,590]
Maintenance, Navy..................
TAH MAINTENANCE......................... 96,867
Realignment from Operations and [96,867]
Maintenance, Navy..................
READY RESERVE FORCE..................... 352,044
Realignment from Operations and [352,044]
Maintenance, Navy..................
TOTAL NATIONAL DEFENSE SEALIFT FUND... 723,252
WCF, DEF COUNTERINTELLIGENCE & SECURITY
AGENCY
DEFENSE COUNTERINTELLIGENCE AND SECURITY 200,000 200,000
AGENCY.................................
TOTAL WCF, DEF COUNTERINTELLIGENCE & 200,000 200,000
SECURITY AGENCY......................
CHEM AGENTS & MUNITIONS DESTRUCTION
OPERATION & MAINTENANCE................. 107,351 107,351
RDT&E................................... 875,930 865,930
Unjustified growth................. [-10,000]
PROCUREMENT............................. 2,218 2,218
TOTAL CHEM AGENTS & MUNITIONS 985,499 975,499
DESTRUCTION..........................
DRUG INTERDICTION & CTR-DRUG ACTIVITIES,
DEF
COUNTER-NARCOTICS SUPPORT............... 581,739 517,171
Realignment of National Guard [-30,921]
Bureau funding.....................
Unjustified growth................. [-33,647]
DRUG DEMAND REDUCTION PROGRAM........... 120,922 120,922
NATIONAL GUARD COUNTER-DRUG PROGRAM..... 91,370 122,291
Realignment of National Guard [30,921]
Bureau funding.....................
NATIONAL GUARD COUNTER-DRUG SCHOOLS..... 5,371 5,371
TOTAL DRUG INTERDICTION & CTR-DRUG 799,402 765,755
ACTIVITIES, DEF......................
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL......... 359,022 359,022
OFFICE OF THE INSPECTOR GENERAL--CYBER.. 1,179 1,179
OFFICE OF THE INSPECTOR GENERAL......... 2,965 2,965
OFFICE OF THE INSPECTOR GENERAL......... 333 333
TOTAL OFFICE OF THE INSPECTOR GENERAL. 363,499 363,499
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE........................... 9,570,615 9,470,615
Unjustified growth................. [-100,000]
PRIVATE SECTOR CARE..................... 15,041,006 15,041,006
CONSOLIDATED HEALTH SUPPORT............. 1,975,536 1,975,536
INFORMATION MANAGEMENT.................. 2,004,588 2,004,588
MANAGEMENT ACTIVITIES................... 333,246 333,246
EDUCATION AND TRAINING.................. 793,810 793,810
BASE OPERATIONS/COMMUNICATIONS.......... 2,093,289 2,093,289
UNDISTRIBUTED........................... 7,000
PFAS exposure blood testing for DoD [2,000]
firefighters.......................
TRICARE lead level screening and [5,000]
testing for children...............
R&D RESEARCH............................ 12,621 22,621
CDC ASTDR PFOS/PFOA health study [10,000]
increment..........................
R&D EXPLORATRY DEVELOPMENT.............. 84,266 84,266
R&D ADVANCED DEVELOPMENT................ 279,766 279,766
R&D DEMONSTRATION/VALIDATION............ 128,055 128,055
R&D ENGINEERING DEVELOPMENT............. 143,527 158,527
Deployment of mTBI/concussion multi- [10,000]
modal devices......................
Program increase--freeze dried [5,000]
platelets..........................
R&D MANAGEMENT AND SUPPORT.............. 67,219 67,219
R&D CAPABILITIES ENHANCEMENT............ 16,819 16,819
PROC INITIAL OUTFITTING................. 26,135 26,135
PROC REPLACEMENT & MODERNIZATION........ 225,774 225,774
PROC JOINT OPERATIONAL MEDICINE 314 314
INFORMATION SYSTEM.....................
PROC MILITARY HEALTH SYSTEM--DESKTOP TO 73,010 73,010
DATACENTER.............................
PROC DOD HEALTHCARE MANAGEMENT SYSTEM 129,091 129,091
MODERNIZATION..........................
TOTAL DEFENSE HEALTH PROGRAM.......... 32,998,687 32,930,687
[[Page H5522]]
TOTAL OTHER AUTHORIZATIONS............ 36,573,298 37,184,903
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY
OPERATIONS.
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2020 House
Item Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
INDUSTRIAL OPERATIONS
SUPPLY MANAGEMENT--ARMY..................... 20,100 20,100
TOTAL WORKING CAPITAL FUND, ARMY.......... 20,100 20,100
DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF
COUNTER-NARCOTICS SUPPORT................... 163,596 153,100
Unjustified growth........................ [-10,496]
TOTAL DRUG INTERDICTION & CTR-DRUG 163,596 153,100
ACTIVITIES, DEF..........................
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL............. 24,254 24,254
TOTAL OFFICE OF THE INSPECTOR GENERAL..... 24,254 24,254
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE............................... 57,459 57,459
PRIVATE SECTOR CARE......................... 287,487 287,487
CONSOLIDATED HEALTH SUPPORT................. 2,800 2,800
TOTAL DEFENSE HEALTH PROGRAM.............. 347,746 347,746
TOTAL OTHER AUTHORIZATIONS................ 555,696 545,200
------------------------------------------------------------------------
TITLE XLVI--MILITARY CONSTRUCTION
SEC. 4601. MILITARY CONSTRUCTION.
----------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2020 House
Account Installation Project Title Request Agreement
----------------------------------------------------------------------------------------------------------------
Alabama
Army Redstone Arsenal Aircraft and Flight 38,000 38,000
Equipment Building.
Colorado
Army Fort Carson Company Operations 71,000 71,000
Facility.
Georgia
Army Fort Gordon Cyber Instructional Fac 107,000 70,000
(Admin/Command).
Army Hunter Army Airfield Aircraft Maintenance 62,000 62,000
Hangar.
Hawaii
Army Fort Shafter Command and Control 60,000 60,000
Facility, Incr 5.
Honduras
Army Soto Cano Air Base Aircraft Maintenance 34,000 34,000
Hangar.
Kentucky
Army Fort Campbell Automated Infantry Platoon 7,100 7,100
Battle Course.
Army Fort Campbell Easements................. 3,200 3,200
Army Fort Campbell General Purpose 51,000 51,000
Maintenance Shop.
Kwajalein
Army Kwajalein Atoll Air Traffic Control Tower 0 40,000
and Terminal.
Massachusetts
Army U.S. Army Natick Human Engineering Lab..... 50,000 50,000
Soldier Systems
Center
Michigan
Army Detroit Arsenal Substation................ 24,000 24,000
New York
Army Fort Drum Railhead.................. 0 21,000
Army Fort Drum Unmanned Aerial Vehicle 23,000 23,000
Hangar.
North Carolina
Army Fort Bragg Dining Facility........... 12,500 12,500
Oklahoma
Army Fort Sill Adv Individual Training 73,000 73,000
Barracks Cplx, Ph2.
Pennsylvania
Army Carlisle Barracks General Instruction 98,000 60,000
Building.
South Carolina
Army Fort Jackson Reception Complex, Ph2.... 54,000 54,000
Texas
Army Corpus Christi Army Powertrain Facility 86,000 40,000
Depot (Machine Shop).
Army Fort Hood Barracks.................. 32,000 32,000
Army Fort Hood Vehicle Bridge............ 0 18,500
[[Page H5523]]
Virginia
Army Fort Belvoir Secure Operations and 60,000 60,000
Admin Facility.
Army Joint Base Langley- Adv Individual Training 55,000 55,000
Eustis Barracks Cplx, Ph4.
Washington
Army Joint Base Lewis- Information Systems 46,000 46,000
McChord Facility.
Worldwide Unspecified
Army Unspecified Worldwide Host Nation Support....... 31,000 31,000
Locations
Army Unspecified Worldwide Planning and Design....... 94,099 105,099
Locations
Army Unspecified Worldwide Unspecified Minor 70,600 70,600
Locations Construction.
Army Unspecified Worldwide Unspecified Worldwide 211,000 0
Locations Construction.
Arizona
Navy Marine Corps Air Bachelor Enlisted Quarters 0 99,600
Station Yuma
Navy Marine Corps Air Hangar 95 Renovation & 90,160 90,160
Station Yuma Addition.
Bahrain Island
Navy SW Asia Electrical System Upgrade. 53,360 0
California
Navy Camp Pendleton 62 Area Mess Hall and 71,700 71,700
Consolidated Warehouse.
Navy Camp Pendleton I MEF Consolidated 113,869 63,869
Information Center.
Navy Marine Corps Air Child Development Center.. 0 37,400
Station Miramar
Navy Naval Air Weapons Runway & Taxiway Extension 64,500 64,500
Station China Lake
Navy Naval Base Coronado Aircraft Paint Complex.... 0 79,000
Navy Naval Base Coronado Navy V-22 Hangar.......... 86,830 86,830
Navy Naval Base San Diego Pier 8 Replacement (Inc).. 59,353 59,353
Navy Naval Base San Diego PMO Facility Repair....... 0 9,900
Navy Naval Weapons Station Ammunition Pier........... 95,310 60,310
Seal Beach
Navy Naval Weapons Station Missile Magazine.......... 0 28,000
Seal Beach
Navy Travis Air Force Base Alert Force Complex....... 64,000 64,000
Connecticut
Navy Naval Submarine Base SSN Berthing Pier 32...... 72,260 72,260
New London
District of Columbia
Navy Naval Observatory Master Time Clocks & 75,600 0
Operations Fac (Inc).
Florida
Navy Blount Island Police Station and EOC 0 18,700
Facility.
Navy Naval Air Station Targeting & Surveillance 32,420 32,420
Jacksonville Syst Prod Supp Fac.
Guam
Navy Joint Region Marianas Bachelor Enlisted Quarters 164,100 64,100
H.
Navy Joint Region Marianas EOD Compound Facilities... 61,900 61,900
Navy Joint Region Marianas Machine Gun Range (Inc)... 91,287 91,287
Hawaii
Navy Marine Corps Air Bachelor Enlisted Quarters 134,050 134,050
Station Kaneohe Bay
Navy Naval Ammunition Depot Magazine Consolidation, 53,790 53,790
West Loch Phase 1.
Italy
Navy Naval Air Station Communications Station.... 77,400 0
Sigonella
Japan
Navy Fleet Activities Pier 5 (Berths 2 and 3)... 174,692 100,000
Yokosuka
Navy Marine Corps Air VTOL Pad--South........... 15,870 15,870
Station Iwakuni
Maryland
Navy Saint Inigoes Air Traffic Control Tower. 0 15,000
North Carolina
Navy Camp Lejeune 10th Marines Himars 35,110 35,110
Complex.
Navy Camp Lejeune 2nd MARDIV/2nd MLG Ops 60,130 60,130
Center Replacement.
Navy Camp Lejeune 2nd Radio BN Complex, 25,650 25,650
Phase 2 (Inc).
Navy Camp Lejeune ACV-AAV Maintenance 11,570 0
Facility Upgrades.
Navy Camp Lejeune II MEF Operations Center 122,200 62,200
Replacement.
Navy Marine Corps Air Aircraft Maintenance 73,970 73,970
Station Cherry Point Hangar (Inc).
Navy Marine Corps Air ATC Tower & Airfield 61,340 61,340
Station Cherry Point Operations.
Navy Marine Corps Air F-35 Training and 53,230 53,230
Station Cherry Point Simulator Facility.
Navy Marine Corps Air Flightline Utility 51,860 51,860
Station Cherry Point Modernization (Inc).
Navy Marine Corps Air CH-53K Cargo Loading 11,320 11,320
Station New River Trainer.
Pennsylvania
Navy Philadelphia Machinery Control 0 66,000
Development Center.
South Carolina
Navy Parris Island Range Improvements & 0 37,200
Modernization Phase 3.
Utah
Navy Hill Air Force Base D5 Missile Motor Receipt/ 50,520 50,520
Storage Fac (Inc).
[[Page H5524]]
Virginia
Navy Marine Corps Base Wargaming Center.......... 143,350 70,000
Quantico
Navy Naval Station Norfolk Mariner Skills Training 79,100 79,100
Center.
Navy Naval Station Norfolk MH-60 & CMV-22B Corrison 0 49,000
Control and Paint
Facility.
Navy Portsmouth Naval Dry Dock Flood Protection 48,930 48,930
Shipyard Improvements.
Navy Yorktown Naval Weapons NMC Ordnance Facilities 0 59,000
Station Recapitalization Phase 1.
Washington
Navy Bremerton Dry Dock 4 & Pier 3 51,010 51,010
Modernization.
Navy Keyport Undersea Vehicle 25,050 25,050
Maintenance Facility.
Navy Naval Base Kitsap Seawolf Service Pier Cost- 0 48,000
to-Complete.
Worldwide Unspecified
Navy Unspecified Worldwide Planning and Design....... 167,715 178,715
Locations
Navy Unspecified Worldwide Unspecified Minor 81,237 81,237
Locations Construction.
Alaska
AF Eielson Air Force Base F-35 AME Storage Facility. 8,600 8,600
Arkansas
AF Little Rock Air Force C-130H/J Fuselage Trainer 47,000 47,000
Base Facility.
AF Little Rock Air Force Dormitory Cost-to-Complete 0 7,000
Base
Australia
AF Tindal APR--RAAF Tindal/Earth 11,600 11,600
Covered Magazine.
AF Tindal APR-RAAF Tindal/Bulk 59,000 59,000
Storage Tanks.
California
AF Travis Air Force Base KC-46A Alter B181/B185/ 6,600 6,600
B187 Squad Ops/AMU.
AF Travis Air Force Base KC-46A Regional 19,500 19,500
Maintenance Training
Facility.
AF Travis Air Force Base MMHAS Aiiied Support...... 0 17,000
Colorado
AF Peterson Air Force Sconorth Theater 0 54,000
Base Operational Support
Facility.
AF Schriever Air Force Consolidated Space 148,000 74,000
Base Operations Facility.
AF United States Air Consolidate Cadet Prep 0 49,000
Force Academy School Dormitory.
Cyprus
AF Royal Air Force New Dormitory for 1 ERS... 27,000 27,000
Akrotiri
Georgia
AF Moody Air Force Base 41 RQS HH-60W Apron....... 0 12,500
Guam
AF Joint Region Marianas Munitions Storage Igloos 65,000 65,000
III.
Illinois
AF Scott Air Force Base Joint Operations & Mission 100,000 100,000
Planning Center.
Japan
AF Yokota Air Base Fuel Receipt & 12,400 12,400
Distribution Upgrade.
Jordan
AF Azraq Air Traffic Control Tower. 24,000 0
AF Azraq Munitions Storage Area.... 42,000 0
Mariana Islands
AF Tinian Airfield Development Phase 109,000 25,000
1.
AF Tinian Fuel Tanks W/ Pipeline/ 109,000 25,000
Hydrant System.
AF Tinian Parking Apron............. 98,000 25,000
Maryland
AF Joint Base Andrews Presidential Aircraft 86,000 86,000
Recap Complex Inc 3.
Massachusetts
AF Hanscom Air Force Base MIT-Lincoln Lab (West Lab 135,000 100,000
CSL/MIF) Inc 2.
Missouri
AF Whiteman Air Force Consolidated Vehicle Ops 0 27,000
Base and MX Facility.
Montana
AF Malmstrom Air Force Weapons Storage and 235,000 117,500
Base Maintenance Facility.
Nevada
AF Nellis Air Force Base 365th ISR Group Facility.. 57,000 57,000
AF Nellis Air Force Base F-35 Munitions Maintenance 0 3,100
Facilities Cost-to-
Complete.
AF Nellis Air Force Base F-35A Munitions Assembly 8,200 8,200
Conveyor Facility.
New Mexico
AF Holloman Air Force NC3 Support Wrm Storage/ 0 20,000
Base Shipping Facility.
AF Kirtland Air Force Combat Rescue Helicopter 15,500 15,500
Base Simulator (CRH) ADAL.
AF Kirtland Air Force UH-1 Replacement Facility. 22,400 22,400
Base
North Dakota
AF Minot Air Force Base Helo/TRFOps/AMUfacility... 5,500 5,500
Ohio
AF Wright-Patterson Air ADAL Intelligence Prod. 120,900 120,900
Force Base Complex (NASIC) Inc 2.
Texas
AF Joint Base San Antonio Aquatics Tank............. 69,000 69,000
AF Joint Base San Antonio BMT Recruit Dormitory 8... 110,000 110,000
AF Joint Base San Antonio T-XA DAL Ground Based Trng 9,300 9,300
Sys (GBTS) Sim.
AF Joint Base San Antonio T-XMX Trng Sys 19,000 19,000
Centrailized Trng Fac.
AF Joint Base San Antonio- AFPC B-Wing............... 0 36,000
Randolph
United Kingdom
AF Royal Air Force F-35A PGM Facility........ 14,300 14,300
Lakenheath
Utah
AF Hill Air Force Base GBSD Mission Integration 108,000 40,000
Facility.
AF Hill Air Force Base Joint Advanced Tactical 6,500 6,500
Missile Storage Fac.
Washington
[[Page H5525]]
AF Fairchild Air Force Consolidated TFI Base 31,000 31,000
Base Operations.
AF Fairchild Air Force SERE Pipeline Dormitory 0 4,800
Base Cost-to-Complete.
Worldwide Unspecified
AF Various Worldwide Planning and Design....... 142,148 153,148
Locations
AF Various Worldwide Unspecified Minor 79,682 79,682
Locations Construction.
Wyoming
AF F. E. Warren Air Force Consolidated Helo/TRF Ops/ 18,100 18,100
Base AMU and Alert Fac.
California
Def-Wide Beale Air Force Base Hydrant Fuel System 33,700 33,700
Replacement.
Def-Wide Camp Pendleton Ambul Care Center/Dental 17,700 17,700
Clinic Replacement.
Conus Classified
Def-Wide Classified Location Battalion Complex, Ph 3... 82,200 82,200
Florida
Def-Wide Eglin Air Force Base SOF Combined Squadron Ops 16,500 16,500
Facility.
Def-Wide Hurlburt Field SOF AMU & Weapons Hangar.. 72,923 72,923
Def-Wide Hurlburt Field SOF Combined Squadron 16,513 16,513
Operations Facility.
Def-Wide Hurlburt Field SOF Maintenance Training 18,950 18,950
Facility.
Def-Wide Naval Air Station Key SOF Watercraft Maintenance 16,000 16,000
West Facility.
Germany
Def-Wide Geilenkirchen Air Base Ambulatory Care Center/ 30,479 30,479
Dental Clinic.
Guam
Def-Wide Joint Region Marianas Xray Wharf Refueling 19,200 19,200
Facility.
Hawaii
Def-Wide Joint Base Pearl SOF Undersea Operational 67,700 67,700
Harbor-Hickam Training Facility.
Japan
Def-Wide Yokosuka Kinnick High School Inc 2. 130,386 0
Def-Wide Yokota Air Base Bulk Storage Tanks PH1.... 116,305 20,000
Def-Wide Yokota Air Base Pacific East District 20,106 20,106
Superintendent's Office.
Maryland
Def-Wide Bethesda Naval MEDCEN Addition/Altertion 96,900 33,000
Hospital Incr 3.
Def-Wide Fort Detrick Medical Research 27,846 27,846
Acquisition Building.
Def-Wide Fort Meade NSAW Recapitalize Building 426,000 426,000
#3 Inc 2.
Mississippi
Def-Wide Columbus Air Force Fuel Facilities 16,800 16,800
Base Replacement.
Missouri
Def-Wide Fort Leonard Wood Hospital Replacement Incr 50,000 50,000
2.
Def-Wide St. Louis Next NGA West (N2W) 218,800 118,800
Complex Phase 2 Inc. 2.
North Carolina
Def-Wide Camp Lejeune SOF Marine Raider Regiment 13,400 13,400
HQ.
Def-Wide Fort Bragg SOF Assessment and 12,103 12,103
Selection Training
Complex.
Def-Wide Fort Bragg SOF Human Platform-Force 43,000 43,000
Generation Facility.
Def-Wide Fort Bragg SOF Operations Support 29,000 29,000
Bldg.
Oklahoma
Def-Wide Tulsa IAP Fuels Storage Complex..... 18,900 18,900
Rhode Island
Def-Wide Quonset State Airport Fuels Storage Complex 11,600 11,600
Replacement.
South Carolina
Def-Wide Joint Base Charleston Medical Consolidated 33,300 33,300
Storage & Distrib Center.
South Dakota
Def-Wide Ellsworth Air Force Hydrant Fuel System 24,800 24,800
Base Replacement.
Virginia
Def-Wide Defense Distribution Operations Center Phase 2. 98,800 33,000
Depot Richmond
Def-Wide Joint Expeditionary SOF NSWG-10 Operations 32,600 32,600
Base Little Creek-- Support Facility.
Fort Story
Def-Wide Joint Expeditionary SOF NSWG2 JSOTF Ops 13,004 13,004
Base Little Creek-- Training Facility.
Fort Story
Def-Wide Pentagon Backup Generator.......... 8,670 8,670
Def-Wide Pentagon Control Tower & Fire Day 20,132 20,132
Station.
Def-Wide Training Center Dam SOF Demolition Training 12,770 12,770
Neck Compound Expansion.
Washington
Def-Wide Joint Base Lewis- SOF 22 STS Operations 47,700 47,700
McChord Facility.
Wisconsin
Def-Wide Gen Mitchell IAP POL Facilities Replacement 25,900 25,900
Worldwide Classified
Def-Wide Classified Location Mission Support Compound.. 52,000 0
Worldwide Unspecified
Def-Wide Unspecified Worldwide Contingency Construction.. 10,000 0
Locations
Def-Wide Unspecified Worldwide Energy Resilience and 150,000 190,000
Locations Conserv. Invest. Prog..
Def-Wide Unspecified Worldwide ERCIP Design.............. 10,000 10,000
Locations
Def-Wide Unspecified Worldwide Exercise Related Minor 11,770 11,770
Locations Construction.
Def-Wide Unspecified Worldwide Planning and Design....... 99,441 99,441
Locations
Def-Wide Unspecified Worldwide Unspecified Minor 60,642 60,642
Locations Construction.
Def-Wide Various Worldwide Planning and Design....... 142,914 142,914
Locations
Def-Wide Various Worldwide Unspecified Minor 26,736 26,736
Locations Construction.
NATO NATO Security NATO Security Investment 144,040 172,005
Investment Program Program.
[[Page H5526]]
Alabama
Army NG Anniston Army Depot Enlisted Transient 0 34,000
Barracks.
Army NG Foley National Guard Readiness 12,000 12,000
Center.
California
Army NG Camp Roberts Automated Multipurpose 12,000 12,000
Machine Gun Range.
Idaho
Army NG Orchard Combat Railroad Tracks........... 29,000 29,000
Training Center
Maryland
Army NG Havre de Grace Combined Support 12,000 12,000
Maintenance Shop.
Massachusetts
Army NG Camp Edwards Automated Multipurpose 9,700 9,700
Machine Gun Range.
Minnesota
Army NG New Ulm National Guard Vehicle 11,200 11,200
Maintenance Shop.
Mississippi
Army NG Camp Shelby Automated Multipurpose 8,100 8,100
Machine Gun Range.
Missouri
Army NG Springfield National Guard Readiness 12,000 12,000
Center.
Nebraska
Army NG Bellevue National Guard Readiness 29,000 29,000
Center.
New Hampshire
Army NG Concord National Guard Readiness 5,950 5,950
Center.
New York
Army NG Jamaica Armory National Guard Readiness 0 91,000
Center.
Pennsylvania
Army NG Moon Township Combined Support 23,000 23,000
Maintenance Shop.
Vermont
Army NG Jericho General Instruction 0 30,000
Builiding.
Washington
Army NG Richland National Guard Readiness 11,400 11,400
Center.
Worldwide Unspecified
Army NG Unspecified Worldwide Planning and Design....... 20,469 20,469
Locations
Army NG Unspecified Worldwide Unspecified Minor 15,000 15,000
Locations Construction.
Delaware
Army Res Newark Army Reserve Center/BMA... 21,000 21,000
Wisconsin
Army Res Fort McCoy Transient Training 25,000 25,000
Barracks.
Worldwide Unspecified
Army Res Unspecified Worldwide Planning and Design....... 6,000 6,000
Locations
Army Res Unspecified Worldwide Unspecified Minor 8,928 8,928
Locations Construction.
Louisiana
N/MC Res New Orleans Entry Control Facility 25,260 25,260
Upgrades.
Worldwide Unspecified
N/MC Res Unspecified Worldwide Planning and Design....... 4,780 4,780
Locations
N/MC Res Unspecified Worldwide Unspecified Minor 24,915 24,915
Locations Construction.
California
Air NG Moffett Air National Fuels/Corrosion Control 0 57,000
Guard Base Hanger and Shops.
Georgia
Air NG Savannah/Hilton Head Consolidated Joint Air 24,000 24,000
IAP Dominance Hangar/Shops.
Missouri
Air NG Rosecrans Memorial C-130 Flight Simulator 9,500 9,500
Airport Facility.
Puerto Rico
Air NG Luis Munoz-Marin IAP Communications Facility... 12,500 0
Air NG Luis Munoz-Marin IAP Maintenance Hangar........ 37,500 0
Wisconsin
Air NG Truax Field F-35 Simulator Facility... 14,000 14,000
Air NG Truax Field Fighter Alert Shelters.... 20,000 20,000
Worldwide Unspecified
Air NG Unspecified Worldwide Unspecified Minor 31,471 31,471
Locations Construction.
Air NG Various Worldwide Planning and Design....... 17,000 17,000
Locations
Georgia
AF Res Robins Air Force Base Consolidated Misssion 43,000 43,000
Complex Phase 3.
Maryland
AF Res Joint Base Andrews AES Training Admin 0 15,000
Facility.
Minnesota
AF Res Minneapolis-St. Paul Aerial Port Facility...... 0 9,800
IAP
Worldwide Unspecified
AF Res Unspecified Worldwide Planning and Design....... 4,604 4,604
Locations
AF Res Unspecified Worldwide Unspecified Minor 12,146 12,146
Locations Construction.
Germany
FH Con Army Baumholder Family Housing 29,983 29,983
Improvements.
Korea
FH Con Army Camp Humphreys Family Housing New 83,167 83,167
Construction Incr 4.
[[Page H5527]]
Pennsylvania
FH Con Army Tobyhanna Army Depot Family Housing Replacement 19,000 19,000
Construction.
Worldwide Unspecified
FH Con Army Unspecified Worldwide Family Housing P & D...... 9,222 9,222
Locations
FH Ops Army Unspecified Worldwide Furnishings............... 24,027 24,027
Locations
FH Ops Army Unspecified Worldwide Housing Privatization 18,627 68,627
Locations Support.
FH Ops Army Unspecified Worldwide Leasing................... 128,938 128,938
Locations
FH Ops Army Unspecified Worldwide Maintenance............... 81,065 81,065
Locations
FH Ops Army Unspecified Worldwide Management................ 38,898 38,898
Locations
FH Ops Army Unspecified Worldwide Miscellaneous............. 484 484
Locations
FH Ops Army Unspecified Worldwide Services.................. 10,156 10,156
Locations
FH Ops Army Unspecified Worldwide Utilities................. 55,712 55,712
Locations
FH Con Navy Unspecified Worldwide Construction Improvements. 41,798 41,798
Locations
FH Con Navy Unspecified Worldwide Planning & Design......... 3,863 3,863
Locations
FH Con Navy Unspecified Worldwide USMC DPRI/Guam Planning 2,000 2,000
Locations and Design.
FH Ops Navy Unspecified Worldwide Furnishings............... 19,009 19,009
Locations
FH Ops Navy Unspecified Worldwide Housing Privatization 21,975 81,575
Locations Support.
FH Ops Navy Unspecified Worldwide Leasing................... 64,126 64,126
Locations
FH Ops Navy Unspecified Worldwide Maintenance............... 82,611 82,611
Locations
FH Ops Navy Unspecified Worldwide Management................ 50,122 50,122
Locations
FH Ops Navy Unspecified Worldwide Miscellaneous............. 151 151
Locations
FH Ops Navy Unspecified Worldwide Services.................. 16,647 16,647
Locations
FH Ops Navy Unspecified Worldwide Utilities................. 63,229 63,229
Locations
Germany
FH Con AF Spangdahlem Air Base Construct Deficit Military 53,584 53,584
Family Housing.
Worldwide Unspecified
FH Con AF Unspecified Worldwide Construction Improvements. 46,638 46,638
Locations
FH Con AF Unspecified Worldwide Planning & Design......... 3,409 3,409
Locations
FH Ops AF Unspecified Worldwide Furnishings............... 30,283 30,283
Locations
FH Ops AF Unspecified Worldwide Housing Privatization..... 22,593 53,793
Locations
FH Ops AF Unspecified Worldwide Leasing................... 15,768 15,768
Locations
FH Ops AF Unspecified Worldwide Maintenance............... 117,704 117,704
Locations
FH Ops AF Unspecified Worldwide Management................ 56,022 56,022
Locations
FH Ops AF Unspecified Worldwide Miscellaneous............. 2,144 2,144
Locations
FH Ops AF Unspecified Worldwide Services.................. 7,770 7,770
Locations
FH Ops AF Unspecified Worldwide Utilities................. 42,732 42,732
Locations
FH Ops DW Unspecified Worldwide Furnishings............... 727 727
Locations
FH Ops DW Unspecified Worldwide Leasing................... 52,128 52,128
Locations
FH Ops DW Unspecified Worldwide Maintenance............... 32 32
Locations
FH Ops DW Unspecified Worldwide Utilities................. 4,113 4,113
Locations
FHIF Unspecified Worldwide Administrative Expenses-- 3,045 3,045
Locations FHIF.
UHIF Unspecified Worldwide Administrative Expenses-- 500 500
Locations UHIF.
BRAC Worldwide Unspecified Base Realignment and 66,111 96,111
Locations Closure.
[[Page H5528]]
BRAC Unspecified Worldwide Base Realignment & Closure 158,349 218,349
Locations
BRAC Unspecified Worldwide DoD BRAC Activities--Air 54,066 84,066
Locations Force.
Prior Year Savings
PYS Prior Year Savings Prior Year Savings........ 0 -45,055
----------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY
OPERATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2020 House
Account Installation Project Title Request Agreement
----------------------------------------------------------------------------------------------------------------
Guantanamo Bay, Cuba
Army Guantanamo Bay Naval OCO: Communications Facility 22,000 22,000
Station
Army Guantanamo Bay Naval OCO: Detention Legal Office 11,800 11,800
Station and Comms Ctr.
Army Guantanamo Bay Naval OCO: High Value Detention 88,500 0
Station Facility.
Worldwide Unspecified
Army Unspecified Worldwide EDI/OCO Planning and Design. 19,498 19,498
Locations
Army Unspecified Worldwide EDI: Bulk Fuel Storage...... 36,000 36,000
Locations
Army Unspecified Worldwide EDI: Information Systems 6,200 6,200
Locations Facility.
Army Unspecified Worldwide EDI: Minor Construction..... 5,220 5,220
Locations
Army Unspecified Worldwide Unspecified Worldwide 9,200,000 0
Locations Construction.
Army Various Worldwide EDI: Various Worldwide 0 56,142
Locations Locations Europe.
Bahrain
Navy SW Asia Electrical System Upgrade... 0 53,360
Italy
Navy Sigonella Communications Station...... 0 77,400
Spain
Navy Rota EDI: In-Transit Munitions 9,960 9,960
Facility.
Navy Rota EDI: Joint Mobility Center.. 46,840 46,840
Navy Rota EDI: Small Craft Berthing 12,770 12,770
Facility.
Worldwide Unspecified
Navy Unspecified Worldwide Planning and Design......... 25,000 25,000
Locations
Navy Various Worldwide EDI: Various Worldwide 0 56,246
Locations Locations Europe.
Iceland
AF Keflavik EDI-Airfield Upgrades-- 18,000 18,000
Dangerous Cargo Pad.
AF Keflavik EDI-Beddown Site Prep....... 7,000 7,000
AF Keflavik EDI-Expand Parking Apron.... 32,000 32,000
Jordan
AF Azraq Air Traffic Control Tower... 0 24,000
AF Azraq Munitions Storage Area...... 0 42,000
Spain
AF Moron EDI-Hot Cargo Pad........... 8,500 8,500
Worldwide Unspecified
AF Unspecified Worldwide EDI-ECAOS DABS/FEV EMEDS 107,000 107,000
Locations Storage.
AF Unspecified Worldwide EDI-Hot Cargo Pad........... 29,000 29,000
Locations
AF Unspecified Worldwide EDI-Munitions Storage Area.. 39,000 39,000
Locations
AF Various Worldwide EDI: Various Worldwide 0 56,246
Locations Locations Europe.
AF Various Worldwide EDI-P&D..................... 61,438 61,438
Locations
AF Various Worldwide EDI-UMMC.................... 12,800 12,800
Locations
Germany
Def-Wide Gemersheim EDI: Logistics Distribution 46,000 46,000
Center Annex.
----------------------------------------------------------------------------------------------------------------
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
------------------------------------------------------------------------
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2020 House
Program Request Authorized
------------------------------------------------------------------------
Discretionary Summary By Appropriation
Energy And Water Development, And Related
Agencies
Appropriation Summary:
Energy Programs
Nuclear Energy........................ 137,808 137,808
Atomic Energy Defense Activities
National nuclear security
administration:
Weapons activities.................. 12,408,603 11,807,074
Defense nuclear nonproliferation.... 1,993,302 2,005,087
Naval reactors...................... 1,648,396 1,632,142
Federal salaries and expenses....... 434,699 410,000
[[Page H5529]]
Total, National nuclear security 16,485,000 15,854,303
administration...........................
Environmental and other defense
activities:
Defense environmental cleanup....... 5,506,501 5,616,001
Other defense activities............ 1,035,339 1,035,339
Defense nuclear waste disposal...... 26,000 0
Total, Environmental & other defense 6,567,840 6,651,340
activities...............................
Total, Atomic Energy Defense Activities... 23,052,840 22,505,643
Total, Discretionary Funding.............. 23,190,648 22,643,451
Nuclear Energy
Idaho sitewide safeguards and security.... 137,808 137,808
Total, Nuclear Energy..................... 137,808 137,808
Weapons Activities
Directed stockpile work
Life extension programs and major
alterations
B61-12 Life extension program......... 792,611 792,611
W76-2 Modification program............ 10,000 0
Terminate effort.................... [-10,000]
W88 Alt 370........................... 304,186 304,186
W80-4 Life extension program.......... 898,551 898,551
W87-1 Modification Program (formerly 112,011 53,000
IW1).................................
Unjustified growth.................. [-59,011]
Total, Life extension programs and major 2,117,359 2,048,348
alterations..............................
Stockpile systems
B61 Stockpile systems................. 71,232 71,232
W76 Stockpile systems................. 89,804 89,804
W78 Stockpile systems................. 81,299 81,299
W80 Stockpile systems................. 85,811 80,204
Unjustified study requirement....... [-5,607]
B83 Stockpile systems................. 51,543 22,421
Unjustified growth.................. [-29,122]
W87 Stockpile systems................. 98,262 98,262
W88 Stockpile systems................. 157,815 157,815
Total, Stockpile systems.................. 635,766 601,037
Weapons dismantlement and disposition
Operations and maintenance............ 47,500 47,500
Stockpile services
Production support.................... 543,964 510,000
Unjustified program growth.......... [-33,964]
Research and development support...... 39,339 36,150
Unjustified program growth.......... [-3,189]
R&D certification and safety.......... 236,235 201,840
Unjustified program growth.......... [-34,395]
Management, technology, and production 305,000 305,000
Total, Stockpile services................. 1,124,538 1,052,990
Strategic materials
Uranium sustainment................... 94,146 94,146
Plutonium sustainment................. 712,440 471,309
Pit production beyond 30 pits per [-241,131]
year...............................
Tritium sustainment................... 269,000 269,000
Lithium sustainment................... 28,800 28,800
Domestic uranium enrichment........... 140,000 140,000
Strategic materials sustainment....... 256,808 256,808
Total, Strategic materials................ 1,501,194 1,260,063
Total, Directed stockpile work............ 5,426,357 5,009,938
Research, development, test and evaluation
(RDT&E)
Science
Advanced certification................ 57,710 57,710
Primary assessment technologies....... 95,169 95,169
Dynamic materials properties.......... 133,800 133,800
Advanced radiography.................. 32,544 32,544
Secondary assessment technologies..... 77,553 77,553
Academic alliances and partnerships... 44,625 44,625
Enhanced Capabilities for Subcritical 145,160 145,160
Experiments..........................
Total, Science............................ 586,561 586,561
Engineering
Enhanced surety....................... 46,500 39,717
Unjustified program growth.......... [-6,783]
Delivery Environments (formerly 35,945 23,029
Weapons Systems Engineering
Assessment Technology)...............
Unjustified program growth.......... [-12,916]
Nuclear survivability................. 53,932 53,932
Enhanced surveillance................. 57,747 57,747
Stockpile Responsiveness.............. 39,830 5,000
[[Page H5530]]
Unjustified request................. [-34,830]
Total, Engineering ....................... 233,954 179,425
Inertial confinement fusion ignition and
high yield
Ignition and Other Stockpile Programs. 55,649 55,649
Diagnostics, cryogenics and 66,128 66,128
experimental support.................
Pulsed power inertial confinement 8,571 8,571
fusion...............................
Joint program in high energy density 12,000 12,000
laboratory plasmas...................
Facility operations and target 338,247 338,247
production...........................
High energy density R&D............... 0 0
National ignition facility, LLNL...... 0 0
Z Facility, SNL....................... 0 0
Omega laser facility, URochester...... 0 0
Total, Inertial confinement fusion and 480,595 480,595
high yield...............................
Advanced simulation and computing
Advanced simulation and computing..... 789,849 789,849
Construction:
18-D-620, Exascale Computing 50,000 50,000
Facility Modernization Project,
LLNL...............................
Total, Construction....................... 50,000 50,000
Total, Advanced simulation and computing.. 839,849 839,849
Advanced manufacturing
Additive manufacturing................ 18,500 18,500
Component manufacturing development... 48,410 48,410
Process technology development........ 69,998 30,914
Unjustified program growth.......... [-39,804]
Total, Advanced manufacturing............. 136,908 97,824
Total, RDT&E.............................. 2,277,867 2,184,254
Infrastructure and operations
Operations of facilities................ 905,000 870,000
Unjustified program growth.......... [-35,000]
Safety and environmental operations..... 119,000 110,000
Unjustified program growth.......... [-9,000]
Maintenance and repair of facilities.... 456,000 456,000
Recapitalization:
Infrastructure and safety............. 447,657 447,657
Capability based investments.......... 135,341 109,057
Unjustified program growth.......... [-26,284]
Total, Recapitalization................... 582,998 556,714
Construction:
19-D-670, 138kV Power Transmission 6,000 6,000
System Replacement, NNSS.............
18-D-690, Lithium Processing Facility, 32,000 39,000
Y-12 (formerly Lithium Production
Capability, Y-12)....................
Program increase.................... [7,000]
18-D-650, Tritium Finishing Facility, 27,000 27,000
SRS..................................
17-D-640, U1a Complex Enhancements 35,000 35,000
Project, NNSS........................
15-D-612, Emergency Operations Center, 5,000 5,000
LLNL.................................
15-D-611, Emergency Operations Center, 4,000 4,000
SNL..................................
15-D-301, HE Science & Engineering 123,000 123,000
Facility, PX.........................
06-D-141 Uranium processing facility Y- 745,000 745,000
12, Oak Ridge, TN....................
04-D-125, Chemistry and Metallurgy 168,444 168,444
Research Replacement Project, LANL...
Total, Construction....................... 1,145,444 1,152,444
Total, Infrastructure and operations...... 3,208,442 3,145,158
Secure transportation asset
Operations and equipment................ 209,502 209,502
Program direction....................... 107,660 107,660
Total, Secure transportation asset........ 317,162 317,162
Defense nuclear security
Operations and maintenance.............. 778,213 750,000
Excess to need........................ [-28,213]
Total, Defense nuclear security........... 778,213 750,000
Information technology and cybersecurity.. 309,362 309,362
Legacy contractor pensions................ 91,200 91,200
Total, Weapons Activities................. 12,408,603 11,807,074
Defense Nuclear Nonproliferation
Defense Nuclear Nonproliferation Programs
Global material security
International nuclear security........ 48,839 48,839
Domestic radiological security........ 90,513 90,513
International radiological security... 60,827 80,827
Secure additional radiologic [20,000]
materials..........................
Nuclear smuggling detection and 142,171 142,171
deterrence...........................
Total, Global material security........... 342,350 362,350
[[Page H5531]]
Material management and minimization
HEU reactor conversion................ 114,000 114,000
Nuclear material removal.............. 32,925 32,925
Material disposition.................. 186,608 186,608
Total, Material management & minimization. 333,533 333,533
Nonproliferation and arms control....... 137,267 137,267
Defense nuclear nonproliferation R&D.... 495,357 525,357
Proliferation detection research...... [15,000]
Additional verification and detection [15,000]
effort...............................
Nonproliferation Construction:
18-D-150 Surplus Plutonium Disposition 79,000 79,000
Project..............................
99-D-143 Mixed Oxide (MOX) Fuel 220,000 213,500
Fabrication Facility, SRS............
Program decrease.................... [-6,500]
Total, Nonproliferation construction...... 299,000 292,500
Total, Defense Nuclear Nonproliferation 1,607,507 1,651,007
Programs.................................
Legacy contractor pensions................ 13,700 13,700
Nuclear counterterrorism and incident 372,095 340,380
response program.........................
Unjustified cost growth................. [-31,715]
Total, Defense Nuclear Nonproliferation... 1,993,302 2,005,087
Naval Reactors
Naval reactors development................ 531,205 514,951
Unjustified growth...................... [-16,254]
Columbia-Class reactor systems development 75,500 75,500
S8G Prototype refueling................... 155,000 155,000
Naval reactors operations and 553,591 553,591
infrastructure...........................
Construction:
20-D-931, KL Fuel Development Laboratory 23,700 23,700
19-D-930, KS Overhead Piping............ 20,900 20,900
14-D-901 Spent fuel handling 238,000 238,000
recapitalization project, NRF..........
Total, Construction....................... 282,600 282,600
Program direction......................... 50,500 50,500
Total, Naval Reactors..................... 1,648,396 1,632,142
Federal Salaries And Expenses
Program direction......................... 434,699 410,000
Unjustified growth...................... [-24,699]
Total, Office Of The Administrator........ 434,699 410,000
Defense Environmental Cleanup
Closure sites:
Closure sites administration............ 4,987 4,987
Richland:
River corridor and other cleanup 139,750 139,750
operations.............................
Central plateau remediation............. 472,949 522,949
Program increase...................... [50,000]
Richland community and regulatory 5,121 5,121
support................................
Construction:
18-D-404 WESF Modifications and 11,000 11,000
Capsule Storage......................
Total, Construction....................... 11,000 11,000
Total, Hanford site....................... 628,820 678,820
Office of River Protection:
Waste Treatment Immobilization Plant 15,000 15,000
Commissioning..........................
Rad liquid tank waste stabilization and 677,460 705,460
disposition............................
Program increase...................... [28,000]
Construction:
18-D-16 Waste treatment and 640,000 640,000
immobilization plant--LBL/Direct feed
LAW..................................
01-D-16 D, High-level waste facility.. 30,000 30,000
01-D-16 E--Pretreatment Facility...... 20,000 20,000
Total, Construction....................... 690,000 690,000
ORP Low-level waste offsite disposal.... 10,000 10,000
Total, Office of River Protection......... 1,392,460 1,420,460
Idaho National Laboratory:
Idaho cleanup and waste disposition..... 331,354 331,354
Idaho community and regulatory support.. 3,500 3,500
Total, Idaho National Laboratory.......... 334,854 334,854
NNSA sites and Nevada off-sites
Lawrence Livermore National Laboratory.. 1,727 1,727
LLNL Excess facilities R&D.............. 128,000 128,000
[[Page H5532]]
Nuclear facility D & D
Separations Process Research Unit..... 15,300 15,300
Nevada................................ 60,737 60,737
Sandia National Laboratories.......... 2,652 2,652
Los Alamos National Laboratory........ 195,462 195,462
Total, NNSA sites and Nevada off-sites.... 403,878 403,878
Oak Ridge Reservation:
OR Nuclear facility D & D............... 93,693 93,693
Total, OR Nuclear facility D & D.......... 93,693 93,693
U233 Disposition Program................ 45,000 45,000
OR cleanup and waste disposition
OR cleanup and disposition............ 82,000 82,000
Construction:
17-D-401 On-site waste disposal 15,269 15,269
facility...........................
14-D-403 Outfall 200 Mercury 49,000 49,000
Treatment Facility.................
Total, Construction....................... 64,269 64,269
Total, OR cleanup and waste disposition... 146,269 146,269
OR community & regulatory support....... 4,819 4,819
OR technology development and deployment 3,000 3,000
OR Excess facilities D&D................ 0
Total, Oak Ridge Reservation.............. 292,781 292,781
Savannah River Sites:
Savannah River risk management
operations
Savannah River risk management 490,613 515,613
operations...........................
Program increase.................... [25,000]
Construction:
18-D-402, Emergency Operations 6,792 6,792
Center.............................
Total, risk management operations......... 497,405 522,405
SR community and regulatory support..... 4,749 11,249
Program increase.................... [6,500]
Radioactive liquid tank waste 797,706 797,706
stabilization and disposition........
Construction:
20-D-402 Advanced Manufacturing 50,000 50,000
Collaborative Facility (AMC).......
20-D-401 Saltstone Disposal Unit 500 500
#10, 11, 12........................
18-D-402 Saltstone Disposal Unit #8/ 51,750 51,750
9..................................
17-D-402 Saltstone Disposal Unit #7. 40,034 40,034
05-D-405 Salt waste processing 20,988 20,988
facility, Savannah River Site......
Total, Construction....................... 163,272 163,272
Total, Savannah River site................ 1,463,132 1,494,632
Waste Isolation Pilot Plant
Waste Isolation Pilot Plant............. 299,088 299,088
Construction:
15-D-411 Safety significant 58,054 58,054
confinement ventilation system, WIPP.
15-D-412 Exhaust shaft, WIPP.......... 34,500 34,500
Total, Construction....................... 92,554 92,554
Total, Waste Isolation Pilot Plant........ 391,642 391,642
Program direction......................... 278,908 278,908
Program support........................... 12,979 12,979
Safeguards and Security
Safeguards and Security................. 317,622 317,622
Total, Safeguards and Security............ 317,622 317,622
Use of prior year balances................ -15,562 -15,562
Total, Defense Environmental Cleanup...... 5,506,501 5,616,001
Other Defense Activities
Environment, health, safety and security
Environment, health, safety and security 139,628 139,628
Program direction....................... 72,881 72,881
Total, Environment, Health, safety and 212,509 212,509
security.................................
Independent enterprise assessments
Independent enterprise assessments...... 24,068 24,068
Program direction....................... 57,211 57,211
Total, Independent enterprise assessments. 81,279 81,279
Specialized security activities........... 254,578 254,578
Office of Legacy Management
Legacy management....................... 283,767 283,767
Program direction....................... 19,262 19,262
Total, Office of Legacy Management........ 303,029 303,029
Defense related administrative support
[[Page H5533]]
Chief financial officer................. 54,538 54,538
Chief information officer............... 124,554 124,554
Total, Defense related administrative 179,092 179,092
support..................................
Office of hearings and appeals............ 4,852 4,852
Subtotal, Other defense activities........ 1,035,339 1,035,339
Total, Other Defense Activities........... 1,035,339 1,035,339
Defense Nuclear Waste Disposal
Yucca mountain and interim storage........ 26,000 0
Program cut............................. 0 [-26,000]
Total, Defense Nuclear Waste Disposal..... 26,000 0
------------------------------------------------------------------------
The CHAIR. No further amendment to the bill, as amended, shall be in
order except those printed in part B of the report and amendments en
bloc described in section 3 of House Resolution 476.
Each further amendment printed in part B of the report shall be
considered only in the order printed in the report, by a Member
designated in the report, shall be considered read, shall be debatable
for the time specified in the report, equally divided and controlled by
the proponent and an opponent, may be withdrawn by the proponent at any
time before action thereon, shall not be subject to amendment, and
shall not be subject to a demand for division of the question.
It shall be in order at any time for the chair of the Committee on
Armed Services or his designee to offer amendments en bloc consisting
of amendments printed in part B of the report not earlier disposed of.
Amendments en bloc shall be considered as read, shall be debatable for
20 minutes, equally divided and controlled by the chair and ranking
minority member of the Committee on Armed Services or their designees,
shall not be subject to amendment, and shall not be subject to a demand
for division of the question.
{time} 1830
Amendment No. 1 Offered by Mr. Smith of Washington
The CHAIR. It is now in order to consider amendment No. 1 printed in
part B of House Report 116-143.
Mr. SMITH of Washington. Mr. Chair, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 696, line 8, strike ``Secretary of Defense'' and
insert ``Director of National Intelligence''.
Page 697, line 4, strike ``Secretary'' and insert
``Director''.
The CHAIR. Pursuant to House Resolution 476, the gentleman from
Washington (Mr. Smith) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Washington.
Mr. SMITH of Washington. Mr. Chair, I yield myself 2 minutes.
This is an amendment that was actually adopted at the committee
level, but there was a technical problem with it which we couldn't get
corrected by UC, so we are re-debating it on the House floor. I think
it is appropriate.
Last year, the Trump administration decided to stop reporting on
civilian casualties that were caused by our raids. This amendment
reinstates that and requires the Director of National Intelligence to
report to us on civilian casualties that have resulted in raids that we
have done outside of existing combat zones.
We are engaged in many military operations, which we have read about,
in places like Somalia, Libya, and Yemen. We think it is appropriate to
keep statistics on how effective those raids have been, and one of
those measures of effectiveness is the number of civilian casualties
that are included in that.
That is what this amendment does. We have gotten the support of the
chairman of the Intelligence Committee, Mr. Schiff, to do this for both
DOD operations and intelligence operations.
I think it is an important transparency measure that will help us
better understand the effects of our military policy.
And, I guess, the final thing I would say on this is it is part of an
underlying theme. One of the other things that the minority party
doesn't like about our bill is that, again, we want to hold the
Pentagon accountable. We think Congress actually has a role in defense
policy and we shouldn't simply turn it over to the Pentagon.
For us to know what is going on with this will inform our decisions
as we attempt to exercise legitimate and effective oversight of
Pentagon operations.
Mr. Chair, I urge adoption of the amendment, and I reserve the
balance of my time.
Ms. STEFANIK. Mr. Chair, I rise in opposition to the amendment.
The CHAIR. The gentlewoman from New York is recognized for 5 minutes.
Ms. STEFANIK. Mr. Chair, I yield myself such time as I may consume.
Mr. Chair, I rise in opposition to this amendment. First, I know the
majority feels this is just a technical fix to an administrative error,
but it raises an important issue, again, for us to discuss now on the
House floor, and we should debate the merits of the underlying
provision.
First of all, the Secretary of Defense is already charged with
compiling this information, and we have already put in place a full and
transparent oversight framework with publicly available reporting.
As we debated in committee, the DNI is not the place to conduct such
a review and report. We need the intelligence community focused on
gathering and analyzing intelligence that is vital to our national
security.
So, pulling our national-level intelligence staff and resources away
from those important missions to conduct a review that is already
taking place--done by the DOD--is a poor use of resources and is just
bad policy.
I can say this, as one of the few members on the Intel Committee and
HASC: The place we should be debating this is the Intelligence
Authorization Act, not the National Defense Authorization Act.
So, there are jurisdictional issues here, which is one of the reasons
why I am opposed to this amendment.
Mr. Chair, I urge my colleagues to vote ``no,'' and I reserve the
balance of my time.
Mr. SMITH of Washington. Mr. Chair, I would simply say that there are
reporting requirements; there are not comprehensive reporting
requirements. And that is the purpose of this amendment, to make sure
we report everything and so that we have all of the information that is
available to us.
And, I guess, to a certain extent, if the opposition feels like it is
already being done, then why not do it effectively and efficiently.
Regrettably, DOD is not in charge of all of the operations involved
here.
The Director of National Intelligence would take into account
everything we are doing and make sure that we have an accurate picture
of that.
Again, I urge support, and I reserve the balance of my time.
Ms. STEFANIK. Mr. Chair, I yield 2 minutes to the gentleman from Ohio
(Mr. Wenstrup).
Mr. WENSTRUP. Mr. Chair, I rise in opposition to this amendment.
[[Page H5534]]
I have had the pleasure of serving with Ms. Stefanik on the House
Intelligence Committee, and I couldn't agree more with the points she
has made.
As a veteran and as a member of the House Armed Services Committee
for the previous three terms and a member of the House Intelligence
Committee, I am familiar with the U.S. military as well as with the
intelligence community.
This amendment, if adopted, would require the Director of National
Intelligence, not the Secretary of Defense, to submit a report to
Congress regarding strikes taken against terrorists outside of areas of
active hostilities, as well as an assessment of combatant and
noncombatant deaths.
This amendment is problematic for several reasons. First, there
already exists transparent oversight mechanisms with respect to
civilian casualties, and that report is fully available to the public.
Requiring the DNI to conduct a review already completed by the
Secretary of Defense is not only wasteful but demonstrates a gross
disregard for the DNI's time that should be spent overseeing the
intelligence community's efforts against U.S. adversaries.
Further, this amendment circumvents the normal legislative process
and completely bypassed the House Intelligence Committee.
Tasking the office of the Director of National Intelligence, an
organization over which House Intelligence has oversight
responsibilities, requires consultation with the House Intelligence
Committee. However, we were not given the opportunity to weigh in on
this amendment until now.
At the eleventh hour, various cosponsors of this amendment performed
a sly bait-and-switch, changing what was voted on by the Armed Services
Committee and inserting an organization solely within the House
Intelligence's jurisdiction. To say am I disappointed with that is an
understatement.
This amendment is irresponsible and reflects a disregard for the
House Intelligence Committee's equities in this debate.
It failed to navigate the proper jurisdiction process and takes time
and resources away from critical national security missions.
So, I understand the desire of this type of well-meaning legislation;
however, committees of jurisdiction exist for a reason, and I am
surprised that various members of the House Intelligence Committee
would flagrantly disregard the implications of ceding our jurisdiction
on this matter.
Mr. Chair, I urge my colleagues to vote ``no'' on this amendment.
Mr. SMITH of Washington. Mr. Chair, I yield myself the balance of my
time.
Just a couple of quick points: First of all, we did not bypass the
committee of jurisdiction. We were in constant consultation with the
Intelligence Committee, with their staff, and we had that conversation
and worked with them to get this result.
We did not bypass them. In fact, we got a waiver from the
Intelligence Committee to have this amendment before our committee.
Our committee takes jurisdiction that this bill has a number of
provisions in it, including one on which I worked very closely with the
gentlewoman from New York, that has jurisdiction within the
intelligence community. We include in this bill items that have their
jurisdiction, but we worked with them and in careful consultation.
I really don't think it is a lot to ask of our national intelligence
to look at the very important issue of how our military action,
regardless of who is doing it, impacting casualties, both civilian and
otherwise.
That is all this amendment does. I think that it is something that we
should be doing, regardless, and it is information that will be
valuable to this House.
Mr. Chair, I would urge adoption of this amendment, and I yield back
the balance of my time.
Ms. STEFANIK. Mr. Chair, I yield 1\1/2\ minutes to the gentleman from
Nebraska (Mr. Bacon).
Mr. BACON. Mr. Chair, I rise today opposing amendment 546 that would
use the NDAA to task the Director of National Intelligence reporting
rules for civilian casualties.
As Chairman Smith knows and, also, Ms. Stefanik and the ranking
member, though I voted for the NDAA in markup, I opposed this amendment
then, and I still do.
The long story short is that this tasking should be in the
Intelligence Authorization Act and not in the Defense Authorization
Act.
This tasks the Director of National Intelligence, and, thus, it
should be handled by the Intelligence Committee and in the intelligence
authorization bill.
We believe in transparency. We believe in doing all we can to
minimize civilian casualties. We believe in proportionality. We believe
in knowing if we are targeting and handling these operations correctly.
I know from my experience working three decades in the Air Force that
our military goes through extensive vetting, extensive legal reviews,
and extensive crosschecks before putting a weapon on a target that
could threaten civilians.
But let's be clear: DOD has a full and transparent oversight
framework in place for DOD and U.S. military operations.
The FY18 NDAA established a robust civilian casualty reporting
mechanism for the U.S. military, and the DOD reporting is fully
available to the public.
Even more, there are two additional provisions in this bill that
increase the level of CIVCAS reporting and directs an independent
assessment of DOD's reporting and policy.
But, what is important here: This is about DOD and military
operations, not the intelligence operations. It is not the DOD's role
to report on the intelligence community.
It is not the role of the NDAA to task the intelligence community.
I recommend voting against this amendment. We should send it to the
Intelligence Committee and let them do it the right way, if the
Intelligence Committee wants to take it on.
Ms. STEFANIK. Mr. Chair, I yield 30 seconds to the gentleman from
Florida (Mr. Waltz).
Mr. WALTZ. Mr. Chair, there is a distinct difference between
oversight and unnecessary micromanagement.
Protection of civilians is a fundamental part of military operations.
DOD standards and policies are some of the most stringent in the
world. No force in history has been more committed to limiting harm to
civilians than the U.S. military.
As a special operator who has had to make these decisions, we need to
be very careful of secondary effects of these types of reports, from
putting soldiers unnecessarily in harm's way, to pilots being overly
cautious to provide close air support, to terrorists living another day
to kill more civilians, ironically, because of this overreach and
overcaution.
Our policies and procedures are sufficient.
Mr. Chair, I urge my colleagues to vote against this amendment.
Ms. STEFANIK. Mr. Chair, I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from Washington (Mr. Smith).
The question was taken; and the Chair announced that the ayes
appeared to have it.
Ms. STEFANIK. Mr. Chair, I demand a recorded vote.
The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on
the amendment offered by the gentleman from Washington will be
postponed.
Amendments En Bloc No. 1 Offered by Mr. Smith of Washington
Mr. SMITH of Washington. Mr. Chair, pursuant to House Resolution 476,
I offer amendments en bloc.
The CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 1 consisting of amendment Nos. 2, 4, 5, 7, 8,
13, 15, 16, 18, 22, 28, 30, 36, 41, 42, 51, 52, 53, 54, 55, 56, 57, 58,
59, 60, 61, 62, 63, 64, 65, 66, 67, 68, and 190, printed in part B of
House Report 116-143, offered by Mr. Smith of Washington:
Amendment No. 2 Offered by Ms. Speier of California
At the end of subtitle F of title V, add the following:
SEC. 560B. COMMISSION OF GRADUATES OF THE MILITARY SERVICE
ACADEMIES AS OFFICERS.
(a) Military Academy.--Section 7453(b) of title 10, United
States Code, is amended by striking ``may'' and inserting
``shall''.
(b) Naval Academy.--Section 8467 of title 10, United States
Code, is amended--
(1) by striking the heading and inserting ``Midshipmen:
degree and commission on graduation'';
[[Page H5535]]
(2) by inserting ``(a)'' before ``Under''; and
(3) by adding at the end the following new subsection:
``(b) Notwithstanding any other provision of law, a
midshipman who completes the prescribed course of instruction
shall, upon graduation, be appointed an ensign in the Regular
Navy or a second lieutenant in the Marine Corps under section
531 of this title.''.
(c) Air Force Academy.--Section 9453(b) of title 10, United
States Code, is amended by striking ``may'' and inserting
``shall''.
Amendment No. 4 Offered by Mr. Brown of Maryland
At the end of subtitle J of title V, add the following:
SEC. __. REPORT ON CERTAIN WAIVERS RECEIVED BY TRANSGENDER
INDIVIDUALS.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, and annually thereafter during the
two subsequent calendar years, the Secretary of Defense shall
submit to the Committees on Armed Services of the House of
Representatives and the Senate a report identifying the
number of individuals (disaggregated by the status of the
individuals as exempt individuals or nonexempt individuals)
to whom the following applied during the reporting period for
such report:
(1) Diagnosed with a covered medical condition--
(A) prior to accession into the Armed Forces; or
(B) as a member of the Armed Forces.
(2) Presumptively denied accession into the Armed Forces as
a result of a covered medical condition.
(3) Applied for a service waiver as a result of a covered
medical condition.
(4) Received a service waiver for a covered medical
condition.
(5) Denied a service waiver for a covered medical
condition.
(6) Separated from the Armed Forces as a result of a
covered medical condition.
(b) Definitions.--In this section:
(1) Exempt and nonexempt individuals.--The terms ``exempt
individuals'' and ``nonexempt individuals'' have the meanings
given those terms in attachment 3 of the memorandum--
(A) issued by the Office of the Deputy Secretary of
Defense;
(B) dated March 12, 2019; and
(C) with the subject heading ``Directive-type Memorandum
(DTM)-19-004 - Military Service by Transgender Persons and
Persons with Gender Dysphoria''.
(2) Covered medical condition.--The term ``covered medical
condition'' means--
(A) gender dysphoria;
(B) gender transition treatment; or
(C) any other condition related to gender dysphoria or
gender transition treatment.
(3) Reporting period.--The term ``reporting period'' means,
with respect to a report submitted under subsection (a), the
calendar year most recently completed before the date on
which such report is to be submitted.
(4) Service waiver.--The term ``service waiver'' includes a
waiver--
(A) for accession into the Armed Forces;
(B) to continue service in the Armed Forces; or
(C) to otherwise permit service in the Armed Forces.
amendment no. 5 Offered by Ms. Speier of California
Page 334, after line 15, insert the following new
subsection
(c) Care Related to Prevention of Pregnancy.--Subsection
(d)(3) of such section 1074d, as redesignated by subsection
(a)(2) of this section, is further amended by inserting
before the period at the end the following: ``(including all
methods of contraception approved by the Food and Drug
Administration, contraceptive care (including with respect to
insertion, removal, and follow up), sterilization procedures,
and patient education and counseling in connection
therewith)''.
Amendment No. 7 Offered by Ms. Speier of California
Page 439, line 8, strike ``(a) In General.--''.
Page 439, strike line 14 through line 17.
Page 501, line 12, strike ``(a) In General.--''.
Page 501, strike line 18 through line 21.
Amendment No. 8 Offered by Ms. Speier of California
At the appropriate place in title XII of the bill, insert
the following new subtitle:
Subtitle _Return Expenses Paid and Yielded Act
SEC. _1. SHORT TITLE.
This subtitle may be cited as the ``Return Expenses Paid
and Yielded Act'' or ``REPAY Act''.
SEC. _2. MODIFICATION OF CERTIFICATION AND REPORT
REQUIREMENTS RELATING TO SALES OF MAJOR DEFENSE
EQUIPMENT WITH RESPECT TO WHICH NONRECURRING
COSTS OF RESEARCH, DEVELOPMENT, AND PRODUCTION
ARE WAIVED OR REDUCED UNDER THE ARMS EXPORT
CONTROL ACT.
(a) Certification.--Section 36(b) of the Arms Export
Control Act (22 U.S.C. 2776(b)) is amended by adding at the
end the following:
``(7)(A) In the case of any letter of offer to sell any
major defense equipment for $14,000,000 or more, in addition
to the other information required to be contained in a
certification submitted to the Congress under this
subsection, or a similar certification prior to finalization
of a letter of offer to sell, each such certification shall
include the amount of any charge or charges for the
proportionate amount of any nonrecurring costs of research,
development, and production of the major defense equipment
that was waived or reduced under section 21(e).
``(B) Each such certification shall also include
information on--
``(i) the type of waiver or reduction;
``(ii) the percentage of otherwise obligated nonrecurring
costs with respect to which the waiver or reduction
comprises;
``(iii) a justification for issuance of the waiver or
reduction;
``(iv) in the case of a waiver or reduction made under
paragraph (2)(A) of section 21(e)--
``(I) the manner in which a sale would significantly
advance standardization with the foreign countries or
international organization described in such section; and
``(II) the extent to which the sale's significance should
be considered relative to the existing capabilities of the
foreign country or international organization and the manner
in which the major defense equipment would enhance the
capacity of the country or organization in joint operations;
and
``(v) in the case of a waiver or reduction made under
paragraph (2)(B) of section 21(e)--
``(I) the military needs and ability to pay of the foreign
country or international organization;
``(II) the price and capability of other relevant options
that are or likely would be considered by the foreign country
or international organization for purchase in lieu of the
major defense equipment described in the letter of offer; and
``(III) the previous buying history and existing
capabilities of the foreign country or international
organization.''.
(b) Report.--Section 36(a) of the Arms Export Control Act
(22 U.S.C. 2776(a)) is amended--
(1) in paragraph (11), by striking ``and'' at the end;
(2) in paragraph (12), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(13) with respect to requests to waive or reduce
nonrecurring costs with respect to the sale of major defense
equipment for $14,000,000 or more under this Act, a report
on--
``(A) the total number of such requests that have been
approved or denied during the quarter, including the total
number of such requests that are currently under review and
pending a decision; and
``(B) for each such request--
``(i) an identification of the foreign country or
international organization requesting the waiver or
reduction; and
``(ii) the total amount of nonrecurring costs to be waived
or reduced;
``(iii) a description of the major defense equipment to be
purchased; and
``(iv) the justification for the waiver or reduction; and
``(C) for each such request that is approved, the actual
amount of nonrecurring costs that are waived or reduced that
are attributable to quantities of major defense equipment
sold under such request.''.
(c) Repeal of Waiver Authority in Case of Sales of Major
Defense Equipment Also Being Procured for Use by United
States Armed Forces.--Section 21(e)(2) of the Arms Export
Control Act (22 U.S.C. 2761(e)(2)) is amended--
(1) in subparagraph (B)--
(A) in the matter preceding clause (i)--
(i) by striking ``The President'' and inserting ``Except as
provided subparagraphs (D) and (E), the President''; and
(ii) by striking ``that--'' and all that follows through
``(i) imposition'' and inserting ``that imposition'';
(B) by striking ``sale; or'' and inserting ``sale.''; and
(C) by striking clause (ii); and
(2) by inserting at the end the following new
subparagraphs:
``(D) The President may not waive the charge or charges for
a proportionate amount of any nonrecurring costs that would
otherwise be considered appropriate under paragraph (1)(B)
for a particular sale to a country or international
organization for a two-year period that begins on any of the
following dates:
``(i) The date of approval of a waiver under paragraph
(1)(B) of a charge or charges that are valued at $16,000,000
or more under this Act with respect to a sale to the country
or organization.
``(ii) The date that is the last day of any five-year
period in which the country or organization receives 15 or
more waivers of a charge or charges under paragraph (1)(B)
with respect to sales to the country or organization.
``(iii) The date that is the last day of any five-year
period in which the country or organization receives waivers
of a charge or charges under paragraph (1)(B) that are valued
at $425,000,000 or more under this Act with respect to sales
to the country or organization.
``(E)(i) In the case of any proposed waiver of the charge
or charges which would otherwise be considered appropriate
under paragraph (1)(B) for a particular sale to a country or
international organization of major defense equipment for
$10,000,000 or more under this Act, the President shall
submit to the Speaker of the House of Representatives, the
Committee on Foreign Affairs of the House of Representatives,
and to the chairman of
[[Page H5536]]
the Committee on Foreign Relations of the Senate a
notification with respect to such proposed waiver.
``(ii) The President may not waive such charge or charges
if Congress, not later than 60 calendar days after receiving
such notification, enacts a joint resolution prohibiting the
proposed waiver.''.
(d) Maximum Aggregate Amount of Charges for Administrative
Services.--Section 21(e) of the Arms Export Control Act (22
U.S.C. 2761(e)) is amended--
(1) in paragraph (1), by inserting ``subject to paragraph
(4),'' before ``administrative services''; and
(2) by adding at the end the following new paragraph:
``(4)(A) For each fiscal year beginning on or after the
date of the enactment of the Return Expenses Paid and Yielded
Act, the President shall--
``(i) determine a maximum aggregate amount of charges for
administrative services that would be required by paragraph
(1)(A) based on the ability of the Department of Defense to
issue and administer letters of offer for sale of defense
articles or the sale of defense services pursuant to this
section or pursuant to section 22 of this Act; and
``(ii) submit to Congress a report that contains the
determination and specifies the maximum aggregate amount of
charges for administrative services.
``(B)(i) Except as provided in clause (ii), charges for
administrative services that are required by paragraph (1)(A)
may not exceed the maximum aggregate amount of charges for
administrative services determined under subparagraph (A) for
the fiscal year involved.
``(ii) The President may waive the requirement of clause
(i) on a case-by-case basis if the amount of charges for
administrative services that are required by paragraph (1)(A)
with respect to a sale of defense articles or a sale of
defense services would exceed the maximum aggregate amount of
charges for administrative services determined under
subparagraph (A) for the fiscal year.''.
(e) Modification of Administrative Expenses.--
(1) In general.--Section 43(b) of the Arms Export Control
Act (22 U.S.C. 2792(b) is amended--
(A) in paragraph (1), by adding ``and'' at the end;
(B) in paragraph (2), by striking ``; and'' and inserting a
period; and
(C) by striking paragraph (3).
(2) Conforming amendment.--Section 21(e)(1)(A) of the Arms
Export Control Act (22 U.S.C. 2761(e)(1)(A)) is amended by
striking ``and section 43(c)''.
(f) Biennial Review and Modification of User Charges.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary of Defense, acting through the Director of
the Defense Security Cooperation Agency, shall, not less than
once every two years--
(A) carry out a review of user charges under the foreign
military sales program and, based on the results of the
review, modify the user charges as appropriate; and
(B) submit to the appropriate congressional committees a
report that contains the results of the review carried out
under subparagraph (A) and a description of any user charges
that, based on the results of the review, were modified under
subparagraph (A).
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(B) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. _3. REVIEW AND REPORT ON USE AND MANAGEMENT OF
ADMINISTRATIVE SURCHARGES UNDER THE FOREIGN
MILITARY SALES PROGRAM.
(a) Review.--
(1) In general.--The Secretary of Defense, acting through
the Director of the Defense Security Cooperation Agency,
shall review options for expanding the use of administrative
surcharges under the foreign military sales program,
including practices for managing administrative surcharges
and contract administrative services surcharges.
(2) Matters to be included.--The review conducted under
paragraph (1) shall include the following:
(A) A determination of which specific expenses are incurred
by the United States Government in operation of the foreign
military sales program that the administrative surcharge does
not currently pay for.
(B) The estimated annual cost of each of such specific
expenses.
(C) An assessment of the costs and benefits of funding such
specific expenses through the administrative surcharge,
including any data to support such an assessment.
(D) An assessment of how the Department of Defense could
calculate an upper bound of a target range for the
administrative surcharge account and the contract
administration services surcharge account, including an
assessment of the costs and benefits of setting such a bound.
(E) An assessment of how the Department of Defense
calculates the lower bound, or safety level, for the
administrative surcharge account and the contract
administration services surcharge account, including what
specific factors inform the calculation and whether such a
method for calculating the safety level is still valid or
should be revisited.
(F) An assessment of the process used by the Department of
Defense to review and set rates for the administrative
surcharge and the contract administration services surcharge,
including the extent to which outside parties are consulted
and any proposals of the Department of Defense may have for
better ensuring that the fee rates are set appropriately.
(G) Such other matters as the Secretary of Defense
determines to be appropriate.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense, acting
through the Director of the Defense Security Cooperation
Agency, shall submit to the congressional defense committees
a report on--
(1) the findings of the review conducted under paragraph
(1); and
(2) any legislative changes needed to allow the surcharge
under the foreign military sales program to pay for any
expenses currently not covered by administrative surcharge
under the foreign military sales program.
SEC. _4. PERFORMANCE MEASURES TO MONITOR FOREIGN MILITARY
SALES PROGRAM.
(a) In General.--The Secretary of Defense, acting through
the Director of the Defense Security Cooperation Agency and
in consultation with the heads of other relevant components
of the Department of Defense, shall enhance the ability of
the Department of Defense to monitor the performance of the
foreign military sales program by taking the following
actions:
(1) Develop performance measures to monitor the timeliness
of deliveries of defense articles and defense services to
purchasers in accordance with the delivery schedule for each
sale under the foreign military sales program.
(2) Identify key choke points, processes, and tasks that
contribute most significantly to delays, shortcomings, and
issues in the foreign military sales program.
(3) Review existing performance measures for the foreign
military sales program to determine whether such measures
need to be updated, replaced, or supplemented to ensure that
all key aspects of the foreign military sales program's
efficiency and service of United States national interests
are able to be monitored and informed by reliable data.
(b) Report on Performance Measures.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, acting
through the Director of the Defense Security Cooperation
Agency, shall submit to the appropriate congressional
committees a report that lists the performance measures
developed and identified under subsection (a).
(2) Matters to be included.--The report required by
paragraph (1) shall--
(A) define the performance measures, including targets set
for the performance measures;
(B) identify the data systems used to monitor the
performance measures;
(C) identify any concerns related to the reliability of the
data used to monitor the performance measures; and
(D) report the results for the performance measures for the
most recent fiscal year.
(3) Plan.--If the performance measures developed and
identified under subsection (a) cannot be included in the
report required by paragraph (1) for the most recent fiscal
year based on reliable and accessible data, the report shall
include a plan for ensuring that such data will be monitored
within a defined period of time.
(4) Update.--
(A) In general.--For each fiscal year after the fiscal year
in which the report required by subsection (b) is submitted
to the appropriate congressional committees, the Secretary of
Defense shall submit to such committees an update of the
report required by paragraph (1).
(B) Matters to be included.--Each update of the report
required by paragraph (1) shall also include the following:
(i) For any performance measures that indicate a decreased
level of performance from the prior year--
(I) a description of the factors that led to such decreased
level of performance; and
(II) plans to improve such level of performance.
(ii) For any performance measures that remain unable to be
monitored due to lack of reliable and accessible data, an
update on plans to improve the monitoring of data.
(c) Briefing.--Not later than 180 days after the date on
which the Secretary of Defense, acting through the Director
of the Defense Security Cooperation Agency, submits to the
appropriate congressional committees the report required by
subsection (b), the Comptroller General of the United States
shall provide a briefing to such committees on the report,
including an evaluation of the performance measures developed
and identified under subsection (a).
SEC. _5. REPORT AND BRIEFING ON ADMINISTRATIVE BUDGETING OF
FOREIGN MILITARY SALES PROGRAM.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Comptroller General of the
United States shall provide a briefing to the congressional
defense committees and submit to the appropriate
congressional committees a report on the methodology used by
the Department of Defense to determine future-year needs for
administrative surcharges under the foreign military sales
program.
[[Page H5537]]
(b) Matters To Be Included.--The briefing and report
required by subsection (a) shall include the following:
(1) A description of the methodology the Department of
Defense used to develop the overall administrative budget of
the foreign military sales program and the administrative
budgets for each other relevant component of the Department
of Defense that receives funds from the foreign military
sales program.
(2) An assessment of the extent to which the methodology
described in paragraph (1) reflects relevant best practices.
(3) Any other related matters the Comptroller General
determines to be appropriate.
SEC. _6. TRAINING PROGRAM FOR RELEVANT OFFICIALS AND STAFF OF
THE DEFENSE SECURITY COOPERATION AGENCY.
(a) In General.--The Secretary of Defense, acting through
the Director of the Defense Security Cooperation Agency,
shall establish and implement a program to provide training
to relevant officials and staff of the Defense Security
Cooperation Agency for purposes of carrying out this Act and
the amendments made by this Act.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, acting
through the Director of the Defense Security Cooperation
Agency, shall submit to the appropriate congressional
committees a report on the implementation of the program
required by subsection (a).
SEC. _7. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--Except as
otherwise provided, the term ``appropriate congressional
committees'' means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
(2) Foreign military sales program.--The term ``foreign
military sales program'' means the program authorized under
chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et
seq.).
AMENDMENT NO. 13 OFFERED by Ms. Gabbard of Hawaii
At the end of subtitle A of title VII, add the following
new section:
SEC. 7__. INCLUSION OF INFERTILITY TREATMENTS FOR MEMBERS OF
THE UNIFORMED SERVICES.
(a) Inclusion.--The Secretary of Defense may provide to
members of uniformed services under section 1074(a) of title
10, United States Code, and spouses of such members,
treatment for infertility, including nonexperimental assisted
reproductive services, including, at a minimum, the
following:
(1) Services, medications, and supplies for non-coital
reproductive technologies.
(2) Counseling on such services.
(3) Reversal of tubal ligation or vasectomy in conjunction
with services furnished under this section.
(4) Cryopreservation, including associated services,
supplies, and storage.
(b) Prohibition on Cost Sharing.--The Secretary may not
require any fees or other cost-sharing requirements under
subsection (a).
(c) Infertility Defined.--In this section, the term
``infertility'' means a disease, characterized by the failure
to establish a clinical pregnancy--
(1) after 12 months of regular, unprotected sexual
intercourse; or
(2) due to a person's incapacity for reproduction either as
an individual or with his or her partner, which may be
determined after a period of less than 12 months of regular,
unprotected sexual intercourse, or based on medical, sexual
and reproductive history, age, physical findings, or
diagnostic testing.
Amendment No. 15 offered by Mr. Meeks of New York
At the end of subtitle H of title X, add the following new
section:
SEC. 1092. PROHIBITION ON NAMES RELATED TO THE CONFEDERACY.
(a) Prohibition on Names Related to the Confederacy.--The
Secretary of Defense may not give a name to an asset that
refers to, or includes a term referring to, the Confederate
States of America (commonly referred to as the
``Confederacy''), including any name referring to--
(1) a person who served or held leadership within the
Confederacy; or
(2) a city or battlefield significant because of a
Confederate victory.
(b) Assets Defined.--In this section, the term ``assets''
includes any base, installation, facility, aircraft, ship,
equipment, or any other property owned or controlled by the
Department of Defense.
amendment no. 16 offered by Mr. Cunningham of South Carolina
Add at the end of subtitle B of title V the following:
SEC. 5__. PILOT PROGRAM ON THE JUNIOR RESERVE OFFICERS'
TRAINING CORPS PROGRAM AT LUCY GARRETT BECKHAM
HIGH SCHOOL, CHARLESTON COUNTY, SOUTH CAROLINA.
(a) In General.--The Secretary of the department in which
the Coast Guard is operating may carry out a pilot program to
establish and maintain a Junior Reserve Officers' Training
Corps (JROTC) program unit in cooperation with Lucy Garrett
Beckham High School, Charleston County, South Carolina.
(b) Program Requirements.--The pilot program carried out by
the Secretary under this section shall provide to students at
Lucy Garrett Beckham High School--
(1) instruction in subject areas relating to operations of
the Coast Guard; and
(2) training in skills which are useful and appropriate for
a career in the Coast Guard.
(c) Provision of Additional Support.--In carrying out the
pilot program under this section, the Secretary may provide
to Lucy Garrett Beckham High School--
(1) assistance in course development, instruction, and
other support activities; and
(2) necessary and appropriate course materials, equipment,
and uniforms.
(d) Employment of Retired Coast Guard Personnel.--
(1) In general.--Subject to paragraph (2), the Secretary
may authorize the Lucy Garrett Beckham High School to employ,
as administrators and instructors for the pilot program,
retired Coast Guard and Coast Guard Reserve commissioned,
warrant, and petty officers not on active duty who request
that employment and who are approved by the Secretary and
Lucy Garrett Beckham High School.
(2) Authorized pay.--
(A) In general.--Retired members employed under paragraph
(1) are entitled to receive their retired or retainer pay and
an additional amount of not more than the difference
between--
(i) the amount the individual would be paid as pay and
allowance if the individual was considered to have been
ordered to active duty during the period of employment; and
(ii) the amount of retired pay the individual is entitled
to receive during that period.
(B) Payment to school.--The Secretary shall pay to Lucy
Garrett Beckham High School an amount equal to one-half of
the amount described in subparagraph (A), from funds
appropriated for such purpose.
(3) Employment not active-duty or inactive-duty training.--
Notwithstanding any other provision of law, while employed
under this subsection, an individual is not considered to be
on active-duty or inactive-duty training.
Amendment No. 18 Offered by Ms. Clark of Massachusetts
At the end of subtitle H of title X, add the following:
SEC. 1092. PROHIBITION ON DENIAL OF DEPARTMENT OF VETERANS
AFFAIRS HOME LOANS FOR VETERANS WHO LEGALLY
WORK IN THE MARIJUANA INDUSTRY.
(a) Prohibition.--In the case of a person with documented
income that is derived, in whole or in part, from working in
the marijuana industry in compliance with the law of the
State in which the work takes place, the Secretary of
Veterans Affairs may not use the fact that such documented
income is derived, in whole or in part, from working in the
marijuana industry as a factor in determining whether to
guarantee, issue, or make a housing loan under chapter 37 of
title 38, United States Code.
(b) Treatment of Conduct.--Conduct of a person described in
subsection (a) relating to obtaining a housing loan described
in such subsection or conduct relating to guaranteeing,
insuring, or making a housing loan described in such
subsection for a person described in such subsection shall--
(1) not be construed to violate section 401 of the
Controlled Substances Act (21 U.S.C. 841) or any other
provision of law; and
(2) not constitute the basis for forfeiture of property
under section 511 of the Controlled Substances Act (21 U.S.C.
881) or section 981 of title 18, United States Code.
Amendment No. 22 Offered by Mr. Sherman of California
At the appropriate place in subtitle G of title XII, insert
the following:
SEC. 12__. LIMITATION ON THE PRODUCTION OF NUCLEAR
PROLIFERATION ASSESSMENT STATEMENTS.
(a) Limitation.--The Secretary of State may not provide to
the President, and the President may not submit to Congress,
a Nuclear Proliferation Assessment Statement described in
subsection a. of section 123 of the Atomic Energy Act of 1954
(42 U.S.C. 2153) with respect to a proposed cooperation
agreement with any country that has not signed and
implemented an Additional Protocol with the International
Atomic Energy Agency, other than a country with which, as of
June 19, 2019, there is in effect a civilian nuclear
cooperation agreement pursuant to such section 123.
(b) Waiver.--The limitation under subsection (a) shall be
waived with respect to a particular country if--
(1) the President submits to the appropriate congressional
committees a request to enter into a proposed cooperation
agreement with such country that includes a report describing
the manner in which such agreement would advance the national
security and defense interests of the United States and not
contribute to the proliferation of nuclear weapons; and
(2) there is enacted a joint resolution approving the
waiver of such limitation with respect to such agreement.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees;
(2) the Committee on Energy and Commerce, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
[[Page H5538]]
(3) the Committee on Energy and Natural Resources, the
Committee on Foreign Relations, and the Select Committee on
Intelligence of the Senate.
Amendment No. 28 Offered by Mr. Engel of New York
At the end of subtitle G of title XII, add the following:
SEC. _. RESTRICTION ON EMERGENCY AUTHORITY RELATING TO ARMS
SALES UNDER THE ARMS EXPORT CONTROL ACT.
Section 36 of the Arms Export Control Act (22 U.S.C. 2776)
is amended by adding at the end the following:
``(j) Restriction on Emergency Authority Relating to Arms
Sales Under This Act.--A determination of the President that
an emergency exists which requires a proposed transfer of
defense articles or defense services to be in the national
security interest of the United States, thus waiving the
congressional review requirements pursuant to section 3(d)(2)
or subsection (b)(1), (c)(2), or (d)(2) of this section--
``(1) shall apply only if--
``(A) the President--
``(i) consults with the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign
Relations of the Senate regarding the determination that an
emergency exists not later than three days after the date on
which the President issues the determination; and
``(ii) includes in the certification to be submitted to
Congress with respect to the emergency--
``(I) a determination and justification for each individual
letter of offer, license, or approval for the defense
articles or defense services; and
``(II) a specific and detailed description of how such
waiver of the congressional review requirements directly
responds to or addresses the circumstances of the emergency;
``(B) the delivery of the defense articles or defense
services will take place not later than 90 days after the
date on which the President issues the determination; and
``(C) the President submits the Committee on Foreign
Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate a report on the defense
articles or defense services that were delivered, including
the type of defense articles or defense services, not later
than 30 days after the date of delivery; and
``(2) shall not apply in the case of a license or other
authorization that includes manufacturing or co-production of
the articles or services outside the United States if such
manufacturing or co-production has not been previously
licensed or authorized.''.
Amendment 30 Offered by Mr. Engel of New York
At the end of title XII, add the following new subtitle:
Subtitle __ Matters Relating to Burma
SEC. 1281. LIMITATION ON SECURITY ASSISTANCE AND SECURITY
COOPERATION.
(a) In General.--Except as provided in subsection (b), for
the period beginning on the date of the enactment of this
subtitle and ending on the date described in subsection (c),
the United States may not provide any security assistance or
engage in any security cooperation with any of the military
or security forces of Burma.
(b) Exceptions; Waiver.--
(1) Exceptions.--
(A) Certain existing authorities.--Notwithstanding
subsection (a), the Secretary of Defense shall retain the
authority granted by section 1253 of the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (22 U.S.C. 2151 note). The limitation in
subsection (a) of this section may not be construed to limit
the authority to provide the Government of Burma with
assistance necessary to make available the activities
described in subsection (a) of such section 1253.
(B) Hospitality.--Notwithstanding subsection (a), the
Secretary of State and the United States Agency for
International Development may provide assistance authorized
under part I of the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.) to provide hospitality during research,
dialogues, meetings, or other activities by the parties
attending the Union Peace Conference 21st Century Panglong or
related processes seeking inclusive, sustainable
reconciliation.
(2) Waiver.--The Secretary of State, with respect to
security assistance, and the Secretary of State in
consultation with the Secretary of Defense, with respect to
security cooperation programs and activities of the
Department of Defense, may waive on a case-by-case basis the
limitation under subsection (a) if the Secretary submits to
the appropriate congressional committees, not later than 30
days before such waiver enters into effect--
(A) a list of the activities and participants to which such
waiver would apply;
(B) a certification, including a justification, that the
waiver is in the national security interest of the United
States; and
(C) a certification that none of the participants included
in the list described in subparagraph (A) have committed any
of the acts described in subparagraph (A) or (B) of section
1282(b)(1) or committed any other gross violation of human
rights, as such term is defined for purposes of section 362
of title 10, United States Code.
(c) Certification of Significant Progress.--The date
described in this subsection is the earlier of the date that
is 8 years after the date of the enactment of this subtitle
or the date on which the Secretary of State certifies to the
appropriate congressional committees the following:
(1) The military and security forces of Burma--
(A) have demonstrated significant progress in abiding by
international human rights standards and are undertaking
meaningful security sector reform, including reforms that
enhance transparency and accountability, to prevent future
abuses;
(B) adhere to international humanitarian law;
(C) pledge to stop future human rights abuses;
(D) support efforts to carry out comprehensive independent
investigations of alleged abuses;
(E) are taking steps to hold accountable any members of
such forces determined to be responsible for human rights
abuses; and
(F) cease their attacks against ethnic minority groups and
participate in the conclusion of a nationwide cease-fire
agreement, political accommodation, and constitutional
change, including the provision of citizenship to the
Rohingya.
(2) The Government of Burma, including the military and
security forces--
(A) allows full humanitarian access to communities in areas
affected by conflict, including Rohingya communities in
Rakhine State;
(B) cooperates with the United Nations High Commissioner
for Refugees and organizations affiliated with the United
Nations to ensure the protection of displaced persons and the
safe, voluntary, sustainable, and dignified return of
refugees and internally displaced persons;
(C) defines a transparent plan that includes--
(i) a timeline for professionalizing the military and
security forces; and
(ii) a process by which the military withdraws from
ownership or control of private-sector business enterprises
and ceases involvement in the illegal trade in natural
resources and narcotics; and
(D) establishes civilian control over the finances and
assets of its military and security forces, including that
military expenditures are subject to civilian oversight.
(d) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this subtitle, and annually thereafter, the
Secretary of Defense and the Secretary of State shall submit
to the appropriate congressional committees a report on the
strategy and plans for military-to-military engagement
between the United States Armed Forces and the military and
security forces of Burma.
(2) Elements required.--The report required under paragraph
(1) shall include the following:
(A) A description and assessment of the Government of
Burma's strategy for security sector reform, including any
plans to withdraw the military from owning or controlling
private-sector business entities and end involvement in the
illegal trade in jade and other natural resources, reforms to
end corruption and illicit drug trafficking, and
constitutional reforms to ensure civilian control.
(B) A list of ongoing military activities conducted by the
United States Government with the Government of Burma, and a
description of the United States strategy for future
military-to-military engagements between the United States
and Burma's military and security forces.
(C) An assessment of the progress of the military and
security forces of Burma towards developing a framework to
implement human right reforms, including--
(i) cooperation with civilian authorities and independent
international investigations to investigate and prosecute
cases of human rights abuses;
(ii) steps taken to demonstrate respect for and
implementation of the laws of war; and
(iii) a description of the elements of the military-to-
military engagement between the United States and Burma that
promote such implementation.
(D) An assessment of progress on the peaceful settlement of
armed conflicts between the Government of Burma and ethnic
minority groups, including actions taken by the military of
Burma to adhere to cease-fire agreements, allow for safe,
voluntary, sustainable, and dignified returns of displaced
persons to their homes, and withdraw forces from conflict
zones.
(E) An assessment of the manner and extent to which the
Burmese military recruits and uses children as soldiers.
(F) An assessment of the Burmese's military's use of
violence against women, sexual violence, or other gender-
based violence as a tool of terror, war, or ethnic cleansing.
(e) Form.--
(1) In general.--The certification described in subsection
(c) and the report required by subsection (d) shall be
submitted in unclassified form but may include a classified
annex.
(2) Certification.--The certification described in
subsection (c) shall be accompanied by a written
justification in unclassified form, that may contain a
classified annex, describing the Burmese military's efforts
to implement reforms, end impunity for human rights abuses,
and increase transparency and accountability.
[[Page H5539]]
SEC. 1282. IMPOSITION OF EXISTING AND ADDITIONAL SANCTIONS
FOR THE VIOLATION OF HUMAN RIGHTS AND THE
COMMISSION OF HUMAN RIGHTS ABUSES IN BURMA.
(a) Sanctions Pursuant to Existing Authorities.--The
President shall impose sanctions--
(1) against officials in Burma, including Commander in
Chief of the Armed Forces of Myanmar Min Aung Hlaing, under
the Global Magnitsky Human Rights Accountability Act (22
U.S.C. 2656 note); and
(2) against military-owned enterprises, including the
Myanmar Economic Corporation and Union of Myanmar Economic
Holding, under the Burmese Freedom and Democracy Act (50
U.S.C. 1701 note), the Tom Lantos Block Burmese JADE (Junta's
Anti-Democratic Efforts) Act of 2008 (50 U.S.C. 1701 note),
and other relevant statutory authorities.
(b) Additional Sanctions.--For the 8-year period beginning
on the date that is 270 days after the date of the enactment
of this subtitle, the President shall impose the sanctions
described in subsection (c) with respect to each foreign
person that the President determines, based on credible
evidence--
(1) is a current or former senior official of the military
or security forces of Burma who--
(A) knowingly perpetrated, ordered, or otherwise directed
serious human rights abuses in Burma; or
(B) has taken significant steps to impede investigations or
prosecutions of alleged serious human rights abuses,
including against the Rohingya community in Rakhine State;
(2) is an entity owned or controlled by any person
described in paragraph (1);
(3) is an entity, such as the Myanmar Economic Cooperation
or the Myanmar Economic Holding Corporation, that is owned or
controlled, directly or indirectly, by the military or
security forces of Burma, including through collective or
cooperative structures, from which one or more persons
described in paragraph (1) derive significant revenue or
financial benefit; or
(4) has knowingly--
(A) provided significant financial, material, or
technological support--
(i) to a foreign person described in paragraph (1) in
furtherance of any of the acts described in subparagraph (A)
or (B) of such paragraph; or
(ii) to any entity owned or controlled by such person or an
immediate family member of such person; or
(B) received significant financial, material, or
technological support from a foreign person described in
paragraph (1) or an entity owned or controlled by such person
or an immediate family member of such person.
(c) Sanctions Described; Exceptions.--
(1) Sanctions.--The sanctions described in this subsection
are the following:
(A) Asset blocking.--Notwithstanding the requirements of
section 202 of the International Emergency Economic Powers
Act (50 U.S.C. 1701), the exercise of all powers granted to
the President by such Act to the extent necessary to block
and prohibit all transactions in all property and interests
in property of a foreign person the President determines
meets one or more of the criteria described in subsection (b)
if such property and interests in property are in the United
States, come within the United States, or are or come within
the possession or control of a United States person.
(B) Ineligibility for admission.--In the case of a foreign
person who is an individual, such person shall be--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to
enter the United States; and
(iii) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(C) Current visas revoked.--
(i) The issuing consular officer or the Secretary of State,
(or a designee of the Secretary of State) shall, in
accordance with section 221(i) of the Immigration and
Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other
entry documentation issued to a foreign person who is an
individual regardless of when the visa or other entry
documentation is issued.
(ii) A revocation under clause (i) shall take effect
immediately and automatically cancel any other valid visa or
entry documentation that is in the person's possession.
(D) Applicability to foreign entities and foreign
governments.--Subparagraphs (B) and (C) of this section shall
also apply with respect to aliens who are officials of,
agents or instrumentalities of, working or acting on behalf
of, or otherwise associated with, a foreign entity or foreign
government that is a foreign person subject to the imposition
of sanctions under subsection (b), if such aliens are
determined by the Secretary of State to have knowingly
authorized, conspired to commit, been responsible for,
engaged in, or otherwise assisted or facilitated the actions
described in such subsection.
(2) Exception to comply with united nations headquarters
agreement.--Sanctions under this section shall not apply with
respect to an alien if admitting or paroling the alien into
the United States is necessary to permit the United States to
comply with the Agreement regarding the Headquarters of the
United Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the United
Nations and the United States, or other applicable
international obligations.
(d) Penalties.--Any person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out subsection (c) shall be subject to the penalties set
forth in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
to the same extent as a person that commits an unlawful act
described in subsection (a) of that section.
(e) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out this section and shall issue such
regulations, licenses, and orders as are necessary to carry
out this section.
(f) Waiver.--The President may annually waive the
application of sanctions imposed on a foreign person pursuant
to subsection (b) if the President--
(1) determines that a waiver with respect to such foreign
person is in the national interest of the United States; and
(2) not later than the date on which such waiver will take
effect, submits to the following committees notice of and
justification for such waiver:
(A) The Committee on Foreign Affairs, the Committee on
Appropriations, and the Committee on Financial Services of
the House of Representatives.
(B) The Committee on Foreign Relations, the Committee on
Appropriations, and the Committee on Banking, Housing, and
Urban Affairs of the Senate.
(g) Exception Relating to the Importation of Goods.--
(1) In general.--The authorities and requirements to impose
sanctions authorized under this subtitle shall not include
the authority or requirement to impose sanctions on the
importation of goods.
(2) Good defined.--In this subsection, the term ``good''
means any article, natural or man-made substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
(h) Definitions.--In this section--
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1001).
(2) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(3) Knowingly.--The term ``knowingly'' means, with respect
to conduct, a circumstance, or a result, means that a person
has actual knowledge, or should have known, of the conduct,
the circumstance, or the result.
(4) United states person.--The term ``United States
person'' means--
(A) a United States citizen, an alien lawfully admitted for
permanent residence to the United States, or any other
individual subject to the jurisdiction of the United States;
or
(B) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such entity.
SEC. 1283. GUIDANCE RELATING TO THE MINING SECTOR OF BURMA.
(a) Findings.--Congress finds the following:
(1) In 2015, the nongovernmental organization Global
Witness estimated that the value of total production of jade
in Burma in 2014 was $31,000,000,000, almost 48 percent of
the official gross domestic product of Burma. As much as 80
percent of that jade sold is smuggled out of Burma.
(2) Burma's military and associated entities, including
companies owned or controlled by Myanmar Economic Corporation
and Myanmar Economic Holding Limited, their affiliated
companies, and companies owned or controlled by current and
former senior military officers or their family members, are
linked to the mining sector, including the gemstone industry,
and benefit financially from widespread illegal smuggling of
jade and rubies from Burma.
(3) Illegal trafficking in precious and semiprecious stones
from Burma, including the trade in high-value jade and
rubies, deprives the people of Burma and the civilian
government of critical revenue and instead benefits military-
linked entities, non-state armed groups, and transnational
organized criminal networks.
(4) In 2016, the Government of Burma began to take steps to
reform aspects of the mining sector, but the Gemstone Law
adopted in January 2019 does not adequately address
corruption and tax avoidance, conflicts of interest, or the
factors fueling conflict in Kachin State and other gemstone
mining areas.
(5) The lifting in October 2016 of United States sanctions
on the importation of jade and jadeite and rubies from Burma
allowed such gemstones to legally enter the United States
market, but some retailers have refrained from sourcing
gemstones of Burmese origin due to governance and
reputational concerns.
(b) Sense of Congress.--It is the sense of Congress that--
(1) notwithstanding Burma's ``Trafficking in Persons''
ranking, the President should continue to provide assistance
to Burma, pursuant to the waiver authority under section
110(d)(4) of the Trafficking Victims Protection Act of 2000
(22 U.S.C. 7107(d)(4)), in order to re-engage with the
Government of Burma with respect to the mining sector and
should make available technical, capacity-
[[Page H5540]]
building and other assistance through the Department of State
or the United States Agency for International Development to
support the Government of Burma in efforts to reform the
gemstone industry; and
(2) companies that seek to import to the United States
gemstones or minerals that may be of Burmese origin or
articles of jewelry containing such gemstones should--
(A) obtain such materials exclusively from entities that
satisfy the transparency criteria described in subsection
(d)(2) or from third parties that can demonstrate that they
sourced the materials from entities that meet such criteria;
and
(B) undertake robust due diligence procedures in line with
the ``Due Diligence Guidance for Responsible Business
Conduct'' and ``Due Diligence Guidance for Responsible Supply
Chains of Minerals from Conflict-Affected and High-Risk
Areas'' promulgated by the Organization for Economic
Cooperation and Development.
(c) List of Participating White-list Entities.--Not later
than 120 days after the date of the enactment of this
subtitle, and annually thereafter until the date described in
subsection (e), the Secretary of State shall submit to the
appropriate congressional committees, and publish on a
publicly available website, a list of each entity described
in subsection (d)(1) that--
(1) participates in Burma's mining sector;
(2) publicly discloses beneficial ownership, as such term
is defined for purposes of the Myanmar Extractive Industry
Transparency Initiative (``Myanmar EITI'');
(3) is not owned or controlled, either directly or
indirectly, by the Burmese military or security forces, any
current or former senior Burmese military officer, or any
person sanctioned by the United States pursuant to any
relevant sanctions authority; and
(4) is making significant progress toward meeting the
criteria described in subsection (d)(2).
(d) Entities and Criteria Described.--
(1) Entities described.--The entities described in this
subsection are the following:
(A) Entities that produce or process precious and
semiprecious gemstones.
(B) Entities that sell or export precious and semiprecious
gemstones from Burma or articles of jewelry containing such
gemstones.
(2) Criteria described.--The criteria described in this
subsection are the following:
(A) The entity publicly discloses any politically exposed
persons, officers, directors or beneficial owners, as defined
under the Myanmar EITI.
(B) The entity publicly discloses valid authorization,
license, or permit to produce, process, sell, or export
minerals or gemstones, as applicable.
(C) The entity publicly discloses payments to the
Government of Burma, including tax and non-tax, license, or
royalty payments, and other payments or contract terms as may
be required under Myanmar EITI standards.
(D) The entity undertakes due diligence, in line with the
OECD Due Diligence Guidance for Responsible Supply Chains of
Minerals from Conflict-Affected and High-Risk Areas,
including public reporting.
(e) Periodic Updating.--The Secretary shall periodically
update the publicly available version of the list described
in subsection (c) as appropriate.
(f) Guidance and White-List Entities.--The Secretary shall
issue guidance for entities in the United States private
sector with respect to the best practices for supply-chain
due diligence that are applicable to importation of gemstones
or minerals that may be of Burmese origin or articles of
jewelry containing such gemstones, including with respect to
transactions with entities approved for inclusion in the list
published pursuant subsection (c), in order to mitigate
potential risks and legal liabilities associated with the
importation of such items.
(g) Termination.--The date described in this section is the
date on which the President certifies to the appropriate
congressional committees that the Government of Burma has
taken substantial measures to reform the mining sector in
Burma, including the following:
(1) Require the mandatory disclosure of payments, permit
and license allocations, project revenues, contracts, and
beneficial ownership, including the identification any
politically exposed persons who are beneficial owners,
consistent with the approach agreed under the Myanmar EITI
and with due regard for civil society participation.
(2) Separate the commercial, regulatory, and revenue
collection responsibilities within the Myanmar Gems
Enterprise and other key state-owned enterprises to remove
existing conflicts of interest.
(3) Monitor and undertake enforcement actions, as
warranted, to ensure that entities--
(A) adhere to environmental and social impact assessment
and management standards in accordance with international
responsible mining practices, the country's environmental
conservation law, and other applicable laws and regulations;
and
(B) uphold occupational health and safety standards and
codes of conduct that are aligned with the core labor
standards of the International Labour Organisation and with
domestic law.
(4) Address the transparent and fair distribution of
benefits from natural resources, including through local
benefit-sharing.
(5) Reform the process for valuation of gemstones at the
mine-site, including developing an independent valuation
system to prevent undervaluation and tax evasion.
(6) Require companies bidding for jade and ruby mining,
finishing, or export permits to be independently audited upon
the request of the Government of Burma and making the results
of all such audits public.
(7) Establish credible and transparent procedures for
permit allocations that are independent from external
influence, including scrutiny of applicants that prevents
unscrupulous entities from gaining access to concessions or
the right to trade in minerals or gemstones.
(8) Establish effective oversight of state-owned
enterprises operating in such sector, including through
parliamentary oversight or requirements for independent
financial auditing.
SEC. 1284. REPORT AND DETERMINATION ON ACCOUNTABILITY FOR WAR
CRIMES, CRIMES AGAINST HUMANITY, AND GENOCIDE
IN BURMA.
(a) In General.--Not later than 90 days after the date of
the enactment of this subtitle, the Secretary of State shall
submit to the appropriate congressional committees a report
that--
(1) summarizes credible reports of serious human rights
violations, including war crimes, committed against the
Rohingya or other ethnic minorities in Burma between 2012 and
the date of the submission of the report;
(2) describes any potential transitional justice mechanisms
in Burma;
(3) provides an analysis of whether the serious human
rights violations summarized pursuant to paragraph (1) amount
to war crimes, crimes against humanity, or genocide; and
(4) includes a determination of the Secretary whether--
(A) the events that took place in the state of Rakhine in
Burma, starting on August 25, 2017, constitute war crimes,
crimes against humanity, or genocide; or
(B) the situation faced by the Rohingya in Rakhine State,
between 2012 and the date of the submission of the report,
amounts to or has amounted to the crime of apartheid.
(b) Elements.--The report required by subsection (a) shall
also include each of the following:
(1) A description of--
(A) each incident for which there is credible evidence that
the incident may constitute war crimes, crimes against
humanity, or genocide committed by the Burmese military or
security forces against the Rohingya and other ethnic
minorities, including the identities of any other actors
involved in such incident;
(B) the role of the civilian government in the commission
of any such incidents;
(C) each incident for which there is credible evidence that
the incident may constitute war crime, crimes against
humanity, or genocide committed by violent extremist groups
in Burma;
(D) each attack on health workers, health facilities,
health transport, or patients and, to the extent possible,
the identities of any individuals who engaged in or organized
such incidents in Burma; and
(E) to the extent possible, a description of the
conventional and unconventional weapons used for any such
crimes and the sources of such weapons.
(2) A description and assessment, in consultation with the
Administrator of the United States Agency for International
Development, the Attorney General, and other heads of any
other appropriate Federal departments or agencies, of the
effectiveness of any programs that the United States has
already undertaken to ensure accountability for war crimes,
crimes against humanity, and genocide perpetrated against the
Rohingya by the military and security forces of Burma, the
Rakhine State government, pro-government militias, and all
other armed groups operating fighting in Rakhine, including
programs to--
(A) train civilian investigators within and outside of
Burma and Bangladesh on how to document, investigate, develop
findings of, identify, and locate alleged perpetrators of war
crimes, crimes against humanity, or genocide in Burma;
(B) promote and prepare for a transitional justice process
or processes for the perpetrators of war crimes, crimes
against humanity, and genocide occurring in the State of
Rakhine in 2017; and
(C) document, collect, preserve, and protect evidence of
war crimes, crimes against humanity, and genocide in Burma,
including by providing support for Burmese, Bangladeshi,
foreign, and international nongovernmental organizations, the
United Nations Human Rights Council's investigative team, and
other entities engaged in such investigative activities.
(3) A detailed study of the feasibility and desirability of
potential transitional justice mechanisms for Burma, such as
an international tribunal, a hybrid tribunal, or other
international options, that includes--
(A) a discussion of the use of universal jurisdiction or of
legal cases brought against the country of Burma by other
sovereign countries at the International Court of Justice to
address war crimes, crimes against humanity, and genocide
perpetrated in Burma;
(B) recommendations on which transitional justice
mechanisms the United States should support, why such
mechanisms should be supported, and what type of support
should be offered; and
(C) close consultation regarding transitional justice
mechanisms with Rohingya
[[Page H5541]]
representatives and those of other ethnic minorities who have
suffered grave human rights abuses.
(c) Protection of Witnesses and Evidence.--The Secretary of
State shall ensure that the identification of witnesses and
physical evidence for purposes of the report required by
subsection (a) are not publicly disclosed in a manner that
might place such persons at risk of harm or encourage the
destruction of such evidence by the military or Government of
Burma.
(d) Crime of Apartheid.--In this section, the term ``crime
of apartheid'' means inhumane acts that--
(1) are of a character similar to the acts referred to in
subparagraphs (A) through (H) of section 1285(2);
(2) are committed in the context of an institutionalized
regime of systematic oppression and domination by one racial
group over any other racial group; and
(3) are committed with the intention of maintaining such
regime.
(e) Authorization to Provide Technical Assistance.--The
Secretary of State is authorized to provide assistance to
support appropriate civilian or international entities that
are undertaking the efforts described in subsection (f) with
respect to war crimes, crimes against humanity, and genocide
perpetrated by the military and security forces of Burma, the
Rakhine State government, pro-government militias, or any
other armed groups fighting in Rakhine State.
(f) Efforts Against Human Rights Abuses.--The efforts
described in this subsection are the following:
(1) Identifying suspected perpetrators of war crimes,
crimes against humanity, and genocide.
(2) Collecting, documenting, and protecting evidence of
such crimes and preserve the chain of custody for such
evidence.
(3) Conducting criminal investigations.
(4) Supporting investigations conducted by other countries,
as appropriate.
(g) Authorization for Transitional Justice Mechanisms.--The
Secretary of State, taking into account any relevant findings
in the report required by subsection (a), is authorized to
provide support for the creation and operation of
transitional justice mechanisms, including a potential hybrid
tribunal, to prosecute individuals suspected of committing
war crimes, crimes against humanity, or genocide in Burma.
SEC. 1285. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
(2) Crimes against humanity.--The term ``crimes against
humanity'' includes, when committed as part of a widespread
or systematic attack directed against any civilian
population, with knowledge of the attack--
(A) murder;
(B) deportation or forcible transfer of population;
(C) torture;
(D) extermination;
(E) enslavement;
(F) rape, sexual slavery, or any other form of sexual
violence of comparable severity;
(G) persecution against any identifiable group or
collectivity on political, racial, national, ethnic,
cultural, religious, gender, or other grounds that are
universally recognized as impermissible under international
law; and
(H) enforced disappearance of persons.
(3) Genocide.--The term ``genocide'' means any offense
described in section 1091(a) of title 18, United States Code.
(4) Transitional justice.--The term ``transitional
justice'' means the range of judicial, nonjudicial, formal,
informal, retributive, and restorative measures employed by
countries transitioning out of armed conflict or repressive
regimes to redress legacies of atrocities and to promote
long-term, sustainable peace.
(5) War crime.--The term ``war crime'' has the meaning
given the term in section 2441(c) of title 18, United States
Code.
Amendment No. 36 Offered by Mr. McNerney of California
At the end of subtitle A of title VI, add the following:
SEC. 606. ANNUAL ADJUSTMENT OF BASIC PAY.
The adjustment in the rates of monthly basic pay required
by subsection (a) of section 1009 of title 37, United States
Code, to be made on January 1, 2020, shall take effect,
notwithstanding any determination made by the President under
subsection (e) of such section with respect to an alternative
pay adjustment to be made on such date.
Amendment No. 41 Offered by Mr. Keating of Massachusetts
At the end of subtitle H of title V, add the following:
SEC. 580A. PILOT PROGRAM TO FUND NON-PROFIT ORGANIZATIONS
THAT SUPPORT MILITARY FAMILIES.
(a) Establishment.--The Secretary of Defense shall
establish a two-year pilot program to provide grants to
eligible nonprofit organizations.
(b) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for Operations and Maintenance,
Defense Wide, as specified in the corresponding funding table
in section 4301, line 460 for the Office of the Secretary of
Defense is hereby increased by $1,000,000.
(c) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 101 for Procurement of Wheeled and
Tracked Combat Vehicles, Army, as specified in the
corresponding funding table in section 4101, for Bradley
Program (Mod) is hereby reduced by $1,000,000.
(d) Distribution of Funds.--The Secretary may operate the
pilot program under this section on not more than eight
covered military installations in a fiscal year, expending
not more than $125,000 per such covered military
installation.
(e) Report.--Not later than 180 days after the Secretary
disburses the last of the funds appropriated for the pilot
program, the Secretary shall submit to Congress a report
regarding--
(1) the efficacy of the pilot program; and
(2) any recommendation of the Secretary to expand, extend,
or make permanent the pilot program.
(f) Definitions.--In this section:
(1) The term ``eligible organization'' means an
organization that--
(A) is a nonprofit organization under section 501(c)(3) of
the Internal Revenue Code of 1986;
(B) on the date of the enactment of this Act, is providing
food, clothing, or other assistance to families on a covered
military installation; and
(C) proves, to the satisfaction of the Secretary, that the
organization has received funding commitments that match each
dollar requested from the Secretary by the organization under
the pilot program under this section.
(2) The term ``covered military installation'' means a
military installation--
(A) on which not more than 5,000 members of the Armed
Forces serve on active duty; and
(B) located in a county for which the Secretary determines
the cost of living exceeds the national average.
Amendment No. 42 Offered by Mr. Huffman of California
In section 2831, relating to Improved Energy Security for
Main Operating Bases in Europe, strike ``natural gas'' on
page 1020, lines 8 and 9, and insert ``any energy''.
At the end of section 2831, relating to Improved Energy
Security for Main Operating Bases in Europe, page 1022, after
line 2, insert the following new subsection:
(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.
Amendment No. 51 Offered by Mr. Aguilar of California
At the end of subtitle H of title V, add the following new
section:
SEC. 5__. EXPANSION OF THE MY CAREER ADVANCEMENT ACCOUNT
PROGRAM FOR MILITARY SPOUSES TO NONPORTABLE
CAREER FIELDS AND OCCUPATIONS.
The Secretary of Defense shall modify the My Career
Advancement Account program of the Department of Defense to
ensure that military spouses participating in the program may
receive financial assistance for the pursuit of a license,
certification, or Associate's degree in any career field or
occupation, including both portable and nonportable career
fields and occupations.
Amendment No. 52 Offered by Mr. Aguilar of California
At the end of subtitle D of title XVI, add the following
new section:
SEC. 1651. CONSIDERATION OF BUDGET MATTERS AT MEETINGS OF
NUCLEAR WEAPONS COUNCIL.
Section 179 of title 10, United States Code, as amended by
section 1642, is further amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(4) The Director of Cost Assessment and Program
Evaluation of the Department of Defense, the Director of the
Office of Management and Budget of the National Nuclear
Security Administration, the Director for Cost Estimating and
Program Evaluation of the National Nuclear Security
Administration, and the Director of the Office of Management
and Budget shall attend the meetings of the Council.''; and
(2) in subsection (c), by adding at the end the following
new paragraph:
``(4) The Director of Cost Assessment and Program
Evaluation of the Department of Defense, the Director of the
Office of Management and Budget of the National Nuclear
Security Administration, the Director for Cost Estimating and
Program Evaluation of the National Nuclear Security
Administration, and the Director of the Office of Management
and Budget shall be members of the Standing and Safety
Committee of the Council, or such successor committee.''.
Amendment No. 53 Offered by Mr. Aguilar of California
At the end of subtitle C of title XVI, add the following
new section:
SEC. 16__. 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''.
[[Page H5542]]
Amendment No. 54 Offered by Mr. Aguilar of California
At the end of subtitle G of title V, add the following new
section:
SEC. 567. REQUIREMENT TO PROVIDE INFORMATION REGARDING
BENEFITS CLAIMS TO MEMBERS DURING TAP
COUNSELING.
Section 1142(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(19) Information regarding how to file claims for
benefits available to the member under laws administered by
the Secretaries of Defense and Veterans Affairs.''.
Amendment No. 55 Offered by Mr. Allred of Texas
At the end of subtitle C of title II, add the following:
SEC. __. INCREASE IN FUNDING FOR BASIC OPERATIONAL MEDICAL
RESEARCH SCIENCE.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding
table in section 4201, for research, development, test, and
evaluation, Defense-wide, basic research, basic operational
medical research science, line 004 (PE 0601117E) is hereby
increased by $5,000,000 (with the amount of such increase to
be made available for partnering with universities to
research brain injuries).
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance, as
specified in the corresponding funding table in section 4301,
for operation and maintenance, Defense-wide, operating
forces, Special Operations Command management/operational
headquarters, line 080 is hereby reduced by $5,000,000.
Amendment No. 56 Offered by Mr. Allred of Texas
At the end of subtitle C of title II, add the following:
SEC. __. INCREASE IN FUNDING FOR UNIVERSITY RESEARCH
INITIATIVES.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding
table in section 4201, for research, development, test, and
evaluation, Army, basic research, university research
initiatives, line 003 (PE 0601103A) is hereby increased by
$5,000,000 (with the amount of such increase to be made
available for studying ways to increase the longevity and
resilience of infrastructure on military bases).
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance, as
specified in the corresponding funding table in section 4301,
for operation and maintenance, Defense-wide, operating
forces, Special Operations Command management/operational
headquarters, line 080 is hereby reduced by $5,000,000.
Amendment No. 57 Offered by Mr. Armstrong of North Dakota
At the end of subtitle H of title X, add the following:
SEC. 1092. INCLUSION ON THE VIETNAM VETERANS MEMORIAL WALL OF
THE NAMES OF THE LOST CREW MEMBERS OF THE
U.S.S. FRANK E. EVANS KILLED ON JUNE 3, 1969.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Defense shall
authorize the inclusion on the Vietnam Veterans Memorial Wall
in the District of Columbia of the names of the 74 crew
members of the U.S.S. Frank E. Evans killed on June 3, 1969.
(b) Required Consultation.--The Secretary of Defense shall
consult with the Secretary of the Interior, the American
Battlefield Monuments Commission, and other applicable
authorities with respect to any adjustments to the
nomenclature and placement of names pursuant to subsection
(a) to address any space limitations on the placement of
additional names on the Vietnam Veterans Memorial Wall.
(c) Nonapplicability of Commemorative Works Act.--Chapter
89 of title 40, United States Code (commonly known as the
``Commemorative Works Act''), shall not apply to any
activities carried out under subsection (a) or (b).
Amendment No. 58 Offered by Mr. Arrington of Texas
At the end of subtitle H of title X, insert the following:
SEC. 10__. 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.
Amendment No. 59 Offered by Mr. Bacon of Nebraska
At the end of subtitle F of title V, add the following:
SEC. 560B. SUPPORT OF MILITARY SERVICE ACADEMY FOUNDATIONS.
(a) In General.--Chapter 155 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2616. Support of military service academy foundations
``(a) Authority.--Subject to subsection (b), the Secretary
concerned may provide the following support to a covered
foundation:
``(1) Participation in fundraising or a membership drive
for the covered foundation by any--
``(A) general or flag officer;
``(B) Senior Executive Service employee assigned to the
service academy supported by that covered foundation; or
``(C) official designated by the Secretary concerned.
``(2) Endorsement by an individual described in paragraph
(1) of--
``(A) the covered foundation;
``(B) an event of the covered foundation; or
``(C) an activity of the covered foundation.
``(b) Limitations.--Support under subsection (a) may be
provided only if such support--
``(1) is without any liability of the United States to the
covered foundation;
``(2) does not affect the ability of any official or
employee of the Department of Defense or the Department of
Homeland Security, or any member of the armed forces, to
carry out any responsibility or duty in a fair and objective
manner;
``(3) does not compromise the integrity or appearance of
integrity of any program of the Department of Defense or the
Department of Homeland Security, or any individual involved
in such a program; and
``(4) does not include the participation of any cadet or
midshipman.
``(c) Briefing.--In any fiscal year during which support is
provided under subsection (a), the Secretary concerned shall
provide a briefing not later than the last day of that fiscal
year to the congressional defense committees regarding the
following:
``(1) The number of events, activities, or fundraising or
membership drives of a covered foundation in which an
individual described in subsection (a)(1) participated during
such fiscal year.
``(2) The amount of funds raised for each covered
foundation during each such event, activity, or drive.
``(3) Each designated purpose of funds described in
paragraph (2).
``(d) Covered Foundation Defined.--In this section, the
term `covered foundation' means a charitable, educational, or
civic nonprofit organization under section 501(c)(3) of the
Internal Revenue Code of 1986, that the Secretary concerned
determines operates exclusively to support, with respect to a
military service academy, any of the following:
``(1) Recruiting.
``(2) Parent or alumni development.
``(3) Academic, leadership, or character development.
``(4) Institutional development.
``(5) Athletics.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2616. Support of military service academy foundations.''.
Amendment No. 60 Offered by Mr. Bacon of Nebraska
At the end of subtitle E of title V, add the following new
section:
SEC. 5__. COPYRIGHT PROTECTION FOR CIVILIAN FACULTY OF
ACCREDITED INSTITUTIONS.
(a) In General.--Chapter 108 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2169a. Copyright of works created by civilian faculty
members
``(a) Copyright of Works.--Subject to subsection (b), for
purposes of sections 101 and 105 of title 17, a work produced
by a civilian member of the faculty of a covered institution
is only a work of the United States Government if the work is
created in direct support of a lecture, instruction,
curriculum development, or special duty assigned to such
civilian member at the covered institution.
``(b) Use by Federal Government.--The Secretary concerned
may require a civilian member of the faculty of a covered
institution who becomes the owner of a copyright in a work
that would be considered a work of the United States
Government but for the applicability of subsection (a) to--
``(1) provide the Federal Government with an irrevocable,
royalty-free, world-wide, nonexclusive license to use,
modify, reproduce, release, perform, display, or disclose
such work for United States Government purposes; and
``(2) authorize the Federal Government to authorize persons
that are not officers or employees of the Federal Government
to use, modify, reproduce, release, perform, display, or
disclose such work for United States Government purposes.
``(c) Covered Institution Defined.--In this section, the
term `covered institution' means the following:
``(1) National Defense University.
``(2) United States Military Academy.
``(3) Army War College.
``(4) United States Army Command and General Staff College.
``(5) United States Naval Academy.
``(6) Naval War College.
``(7) Naval Post Graduate School.
``(8) Marine Corps University.
``(9) United States Air Force Academy.
``(10) Air University.
``(11) Defense Language Institute.
[[Page H5543]]
``(12) United States Coast Guard Academy.''.
(b) Table of Sections Amendment.--The table of sections at
the beginning of such chapter is amended by adding at the end
the following new item:
``2169a. Copyright of works created by civilian faculty members.''.
Amendment No. 61 Offered by Mr. Bacon of Nebraska
At the end of subtitle C of title I, add the following new
section:
SEC. 1__. INCREASE IN FUNDING FOR RC-135 AIRCRAFT.
(a) Increase for RC-135.--Notwithstanding the amounts set
forth in the funding tables in division D, the amount
authorized to be appropriated in section 101 for procurement,
as specified in the corresponding funding table in section
4101, for Aircraft Procurement, Air Force, other aircraft,
RC-135, line 055 is hereby increased by $171,000,000 .
(b) Increase for DARP RC-135.--Notwithstanding the amounts
set forth in the funding tables in division D, the amount
authorized to be appropriated in section 101 for procurement,
as specified in the corresponding funding table in section
4101, for other procurement, Air Force, special support
projects, DARP RC135, line 063 is hereby increased by
$29,000,000.
(c) Offsets.--
(1) Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance, as
specified in the corresponding funding table in section 4301,
for operation and maintenance, Defense-wide, admin &
servicewide activities, Defense Contract Management Agency,
line 200 is hereby reduced by $25,000,000.
(2) Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance, as
specified in the corresponding funding table in section 4301,
for operation and maintenance, Defense-wide, admin &
servicewide activities, Office of the Secretary of Defense,
line 460 is hereby reduced by $25,000,000.
(3) Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be
appropriated in section 101 for procurement, as specified in
the corresponding funding table in section 4101, for Aircraft
Procurement, Air Force, Initial Spares/Repair Parts, line 069
is hereby reduced by $40,000,000.
(4) Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be
appropriated in section 101 for procurement, as specified in
the corresponding funding table in section 4101, for Aircraft
Procurement, Air Force, Other Production Charges, line 088 is
hereby reduced by $33,000,000.
(5) Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be
appropriated in section 101 for procurement, as specified in
the corresponding funding table in section 4101, for Aircraft
Procurement, Air Force, Flares, line 015 is hereby reduced by
$14,000,000.
(6) Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding
table in section 4201, for Research, Development, Test &
Evaluation, Air Force, Acq Workforce-Global Vigilance and
Combat Systems, line 130 is hereby reduced by $25,000,000.
(7) Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding
table in section 4201, for Research, Development, Test &
Evaluation, Air Force, Acq Workforce-Global Battle
Management, line 133 is hereby reduced by $16,000,000.
(8) Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding
table in section 4201, for Research, Development, Test &
Evaluation, Air Force, Acq Workforce-Capability Integration,
line 134 is hereby reduced by $22,000,000.
Amendment No. 62 Offered by Mr. Banks of Indiana
At the end of subtitle E of title V, add the following new
section:
SEC. 5__. PRELIMINARY INQUIRY ON ARLINGTON NATIONAL CEMETERY
BURIAL.
(a) Findings.--Congress finds the following:
(1) The Department of Defense must ensure that only
individuals who have served honorably are interred or inurned
at Arlington National Cemetery.
(2) Recent news reports have alleged that Army Sergeant
Jack Edward Dunlap, who was buried at Arlington National
Cemetery in 1963, may have been the past subject of an
espionage investigation by the National Security Agency, the
results of which have not been made public.
(b) Inquiry Required.--The General Counsel of the
Department of the Army shall, pursuant to the terms of
section 553.21 of title 32, Code of Federal Regulations,
carry out a preliminary inquiry to investigate the Arlington
National Cemetery burial of Jack Edward Dunlap due to
accusations that he supplied the Soviet Union with valuable
intelligence during the Cold War.
Amendment No. 63 Offered by Mr. Banks of Indiana
Insert after section 713 the following new section:
SEC. 713A. COMPREHENSIVE ENTERPRISE INTEROPERABILITY STRATEGY
FOR THE ARMED FORCES AND THE DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--The Secretary of Defense and the Secretary
of Veterans Affairs, acting through the office established by
section 1635(b) of the Wounded Warrior Act (title XVI of
Public Law 110-181; 10 U.S.C. 1071 note), shall jointly
develop and implement a comprehensive interoperability
strategy to--
(1) improve the delivery of health care by the Armed Forces
and the Department of Veterans Affairs by taking advantage of
advances in the health information technology marketplace;
(2) achieve interoperability capabilities that are more
adaptable and farther reaching than those achievable through
bidirectional information exchange between electronic health
records or the exchange of read-only data alone;
(3) establish an environment that will enable and encourage
the adoption of innovative technologies for health care
delivery;
(4) leverage data integration to advance health research
and develop an evidence base for the health care programs of
both Departments;
(5) prioritize open systems architecture;
(6) ensure ownership and control by patients of their
health data;
(7) protect patient privacy and enhance opportunities for
innovation by preventing contractors of the Departments or
other non-Department entities from owning or exclusively
controlling patient health data;
(8) make maximum use of open-application program interfaces
and the Fast Healthcare Interoperability Resources standard,
or successor standard; and
(9) achieve--
(A) a single lifetime longitudinal personal health record
between the Armed Forces and the Department of Veterans
Affairs; and
(B) interoperability capabilities sufficient to enable the
provision of seamless health care relating to--
(i) the Armed Forces and private-sector health care
providers under the TRICARE program; and
(ii) the Department of Veterans Affairs and community
health care providers pursuant to sections 1703 and 1703A of
title 38, United States Code, and other provisions of law
administered by the Secretary of Veterans Affairs.
(b) Content.--The strategy under subsection (a) shall--
(1) include, but shall not be limited to, the Electronic
Health Record Modernization Program and the Healthcare
Management System Modernization Program of the Armed Forces;
and
(2) consist of--
(A) elements formulated and implemented jointly by the
Secretary of Defense and the Secretary of Veterans Affairs;
and
(B) elements that are unique to either Department and are
formulated and implemented separately by either Secretary.
(c) Submission of Strategy.--
(1) Strategy.--Not later than 180 days after the date of
the enactment of this Act, the Director shall submit to each
Secretary concerned, and to the appropriate congressional
committees, the strategy under subsection (a), including any
accompanying or associated implementation plans and
supporting information.
(2) Updated strategy.--Not later than December 31, 2024,
the Director shall submit to each Secretary concerned, and to
the appropriate congressional committees, an update to the
strategy under subsection (a), including any accompanying or
associated implementation plans and supporting information.
(3) Availability.--The Secretaries concerned shall make
available to the public the strategy submitted under
paragraphs (1) and (2), including by posting such strategy on
the internet websites of the Secretaries that is available to
the public.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the following:
(A) The congressional defense committees.
(B) The Committees on Veterans' Affairs of the House of
Representatives and the Senate.
(2) The term ``Director'' means the Director of the office
established by section 1635(b) of the Wounded Warrior Act
(title XVI of Public Law 110-181; 10 U.S.C. 1071 note).
(3) The term ``Electronic Health Record Modernization
Program'' has the meaning given that term in section 503 of
the Veterans Benefits and Transition Act of 2018 (Public Law
115-407; 132 Stat. 5376).
(4) The term ``interoperability'' means the ability of
different information systems, devices, or applications to
connect in a coordinated and secure manner, within and across
organizational boundaries, across the complete spectrum of
care, including all applicable care settings, and with
relevant stakeholders, including the person whose information
is being shared, to access, exchange, integrate, and use
computable data regardless of the data's origin or
destination or the applications employed, and without
additional intervention by the end user, including--
(A) the capability to reliably exchange information without
error;
(B) the ability to interpret and to make effective use of
the information so exchanged; and
(C) the ability for information that can be used to advance
patient care to move between health care entities, regardless
of the
[[Page H5544]]
technology platform in place or the location where care was
provided.
(5) The term ``seamless health care'' means health care
which is optimized through access by patients and clinicians
to integrated, relevant, and complete information about the
patient's clinical experiences, social and environmental
determinants of health, and health trends over time in order
to enable patients and clinicians to move from task to task
and encounter to encounter, within and across organizational
boundaries, such that high-quality decisions may be formed
easily and complete plans of care may be carried out
smoothly.
(6) The term ``Secretary concerned'' means--
(A) the Secretary of Defense, with respect to matters
concerning the Department of Defense;
(B) the Secretary of Veterans Affairs, with respect to
matters concerning the Department of Veterans Affairs; and
(C) the Secretary of Homeland Security, with respect to
matters concerning the Coast Guard when it is not operating
as a service in the Department of the Navy.
(7) The term ``TRICARE program'' has the meaning given that
term in section 1072 of title 10, United States Code.
Amendment No. 64 Offered by Mr. Bera of California
Page 387, after line 7, insert the following:
SEC. 7__. STUDY ON EXTENDING PARENT'S LEVEL OF TRICARE HEALTH
COVERAGE TO NEWBORN CHILD.
(a) Study.--The Secretary of Defense shall conduct a study
on extending a parent's level of TRICARE health coverage to
the newborn child of the parent.
(b) Coordination.--In conducting the study under subsection
(a), the Secretary shall, with respect to members of the
Coast Guard, coordinate with the Secretary of the Department
in which the Coast Guard is operating when it is not
operating as a service in the Department of the Navy.
(c) Elements.--In conducting the study under subsection
(a), the Secretary shall study--
(1) the feasibility and the cost of automatically extending
the parent's level of TRICARE coverage to the newborn child
for the remainder of the first year of the child's life after
the first 90 days; and
(2) the current notification system for parents to change
their children's health care plan during the first 90 days of
the newborn's life.
(d) Submission.--Not later than 120 days after the date of
the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the study
conducted under subsection (a).
Amendment No. 65 Offered by Mr. Bera of California
Add at the end of title XIII the following new section:
SEC. __. FUNDING FOR COOPERATIVE BIOLOGICAL ENGAGEMENT
PROGRAM.
(a) Increase.--Notwithstanding the amount set forth in
section 1301(4) for cooperative biological engagement and the
amounts authorized to be appropriated in section 301 for
operation and maintenance for the Department of Defense
Cooperative Threat Reduction Program, as specified in the
corresponding funding table in section 4301, the amount for
cooperative biological engagement is hereby increased by
$20,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, Defense-wide, as specified in the
corresponding funding table in section 4201, for Advanced
Innovative Technologies, line 096, is hereby reduced by
$20,000,000.
amendment no. 66 offered by mr. bera of california
At the end of subtitle E of title XII, add the following:
SEC. _. MODIFICATION OF REPORT RELATING TO ENHANCING DEFENSE
AND SECURITY COOPERATION WITH INDIA.
Section 1292(a)(2) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2751
note) is amended--
(1) in subparagraph (B)--
(A) in clause (iv), by striking ``and'' at the end;
(B) in clause (v), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(vi) a description of defense cooperation between the
United States and India in the Western Indian Ocean,
including--
``(I) a description of military activities of the United
States and India, separately, in the Western Indian Ocean;
``(II) a description of military cooperation activities
between the United States and India in the areas of
humanitarian assistance, counter terrorism, counter piracy,
maritime security, and other areas as the Secretary
determines appropriate;
``(III) a description of how the relevant geographic
combatant commands coordinate their activities with the
Indian military in the Western Indian Ocean;
``(IV) a description of the mechanisms in place to ensure
the relevant geographic combatant commands maximize defense
cooperation with India in the Western Indian Ocean; and
``(V) areas of future opportunity to increase military
engagement with India in the Western Indian Ocean.''.
(2) by adding at the end the following:
``(C) Definitions.--In subparagraph (B)(vi):
``(i) Relevant geographic combatant commands.--The term
`relevant geographic combatant commands' means the United
States Indo-Pacific Command, United States Central Command,
and United States Africa Command.
``(ii) Western indian ocean.--The term `Western Indian
Ocean' means the area in the Indian Ocean extending from the
west coast of India to the east coast of Africa.''.
amendment no. 67 offered by mr. bera of california
At the end of subtitle C of title VII, add the following
new section:
SEC. 729. REPORT ON GLOBAL HEALTH SECURITY STRATEGY AND THE
NATIONAL BIODEFENSE SECURITY.
(a) Report.--Not later than 180 days after the date on
which the Comptroller General of the United States publishes
a review of the National Biodefense Strategy, the Secretary
of Defense shall submit to the appropriate congressional
committees a report on the implementation of the Global
Health Security Strategy and the National Biodefense
Strategy.
(b) Elements.--The report under subsection (a) shall, at a
minimum--
(1) designate the individual and offices responsible for
overseeing the implementation of each strategy referred to in
subsection (a) within the Department of Defense;
(2) detail actions that the Department is taking to support
implementation of the Global Health Security Agenda;
(3) detail actions taken to coordinate the efforts of the
Department with the other agencies responsible for the Global
Health Security Strategy and National Biodefense Strategy;
and
(4) with respect to the review of the National Biodefense
Strategy conducted by the Comptroller General--
(A) detail the recommendations in the review that the
Secretary plans on or is currently implementing;
(B) specify the official implementing such recommendations
and the actions the official is taking to implement the
recommendations;
(C) specify the recommendations in the review that the
Secretary has determined not to implement; and
(D) explain the rationale of the Secretary with respect to
not implementing such recommendations.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees;
(2) the Committee on Foreign Affairs and the Committee on
Energy and Commerce of the House of Representatives; and
(3) the Committee on Foreign Relations and the Committee on
Health, Education, Labor, and Pensions of the Senate.
amendment no. 68 offered by mr. bera of california
At the end of subtitle J of title V, insert the following:
SEC. 5__. STUDY ON BEST PRACTICES FOR PROVIDING FINANCIAL
LITERACY EDUCATION FOR VETERANS.
(a) Study Required.--The Secretary of Defense and the
Secretary of Veterans Affairs, and with respect to members of
the Coast Guard, in coordination with the Secretary of the
Department in which the Coast Guard is operating when it is
not operating as a service in the Navy, shall conduct a study
on the best practices to provide financial literacy education
for separating members of the Armed Forces and veterans.
(b) Elements.--The study required by subsection (a) shall
include--
(1) an examination, recommendations, and reporting on best
practices for providing financial literacy education to
veterans and separating members of the Armed Forces;
(2) detailed current financial literacy programs for
separating members of the Armed Forces, and an examination of
linkages between these programs and those for veterans
provided by the Department of Veterans Affairs; and
(3) steps to improve coordination between the Department of
Defense and Department of Veterans Affairs for the provision
of these services.
(c) Consultation.--In conducting the study required by
subsection (a), the Secretaries shall consult with the
Financial Literacy and Education Commission of the Department
of the Treasury.
(d) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the appropriate congressional committees a report on the
study under subsection (a).
(e) Definition.-- In this section:
(1) The term ``financial literacy'' means education of
personal finance including the insurance, credit, loan,
banking, career training and education benefits available to
veterans.
(2) The term ``appropriate congressional committees'' means
the Committees on Armed Services of the Senate and House of
Representatives, and the Committees on Veterans' Affairs of
the Senate and House of Representatives.
amendment no. 190 offered by ms. kendra s. horn of oklahoma
At the end of subtitle A of title X, insert the following:
[[Page H5545]]
SEC. 10__. TRANSPARENCY OF ACCOUNTING FIRMS USED TO SUPPORT
DEPARTMENT OF DEFENSE AUDIT.
Section 1006 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232)
is amended--
(1) by striking ``For all contract actions'' and inserting
``(a) In General.--For all contract actions'';
(2) by inserting ``fully adjudicated'' before
``disciplinary proceedings''; and
(3) by adding at the end the following new subsections:
``(b) Treatment of Statement.--A statement setting for the
details of a disciplinary proceeding submitted pursuant to
subsection (a), and the information contained in such a
statement, shall be--
``(1) treated as confidential to the extent required by the
court or agency in which the proceeding has occurred; and
``(2) treated in a manner consistent with any protections
or privileges established by any other provision of Federal
law.
``(c) Definition of Associated Person.--In this section,
the term `associated persons' means, with respect to an
accounting firm, any of the key personnel of the firm who are
involved in the performance of a prime contract entered into
by the firm with the Department of Defense.''.
The CHAIR. Pursuant to House Resolution 476, the gentleman from
Washington (Mr. Smith) and the gentleman from Texas (Mr. Thornberry)
each will control 10 minutes.
The Chair recognizes the gentleman from Washington.
Mr. SMITH of Washington. Mr. Chairman, I yield 2 minutes to the
gentleman from New York (Mr. Engel), chairman of the House Foreign
Affairs Committee.
Mr. ENGEL. Mr. Chair, this is a good amendment, and I would like to
mention two measures.
First, key provisions of my BURMA Act are included, as they were in
the last Congress. The Burmese security forces perpetrated genocide
against the Rohingya people, and those same forces are continuing to
terrify Burma's other ethnic minorities with horrific violence.
The victims deserve justice, and they deserve our unwavering support.
This measure will hold these military officials accountable for their
crimes and help support democracy in Burma.
Next, is my provision to prevent another phony emergency declaration
to push through arms sales, as the administration did in late May.
The administration misused the law and went around Congress to sell
more than $8 billion in arms to the Saudis and Emiratis.
This fix would make sure that an emergency declaration cannot be used
if the weapons won't be delivered for more than 3 months, because then
there was no emergency in the first place.
It is a commonsense reform that will protect Congress' role in the
arms sale process.
Mr. Chair, I urge my colleagues to join me in supporting the en bloc.
I am also honored to join Chairman Smith as a cosponsor of amendment
No. 1. The American public deserves to know the impact of our military
operations abroad.
There must be more openness and transparency when tragedy occurs, and
civilian casualties are caused by U.S. military action.
Being open is our moral obligation and the right thing to do, and it
also strengthens our security. We are better equipped to tackle our
counterterrorism challenges when we have the full confidence of our
citizens and our international partners.
U.S. military operations depend on close relationships with host
nations, and we must do everything we can to ensure our partners that
we take civilian casualties seriously.
In the past, the Director of National Intelligence prepared reports
on civilian casualties and strikes outside areas of active hostilities.
This administration brought that sensible practice to a halt.
This amendment would restore the DNI's role. Restoring this
responsibility is a commonsense step to bring transparency back to our
counterterrorism operations, and I urge all of our colleagues to
support the amendment as well.
{time} 1845
Mr. THORNBERRY. Mr. Chair, I yield 2 minutes to the distinguished
gentleman from Maryland (Mr. Harris).
Mr. HARRIS. Mr. Chair, I just raise concerns with two of the
amendments that are in this en bloc amendment.
Amendment No. 5 is one that extends free coverage for pregnancy
prevention, and with the amendment, extends to all FDA-approved drugs
and methods. Why I find it interesting is that, of course, a couple of
years ago, we actually increased the copays on TRICARE for former
members.
If a former member has diabetes, they have a $28 copay for insulin.
So this is kind of strange because what we are doing is selecting one
type of drug and saying there are no copays for this, yet we have
thousands, if not tens of thousands, of members who take an important
drug like insulin and have to pay a copay. It just doesn't make sense.
With regard to amendment No. 13, amendment No. 13 extends in vitro
fertilization coverage which, up until now, has been for members whose
problems have been related to their military service. It extends it to
all members as well. It is going to greatly increase the number of
embryos created.
Although I have no disagreement with extending the coverage, the
problem is, the amendment and the statute don't deal with what members
are going to do with these embryos. It presents serious life concerns,
due to the sheer number of embryos created that will often be
discarded, now with government payment involved. Many will subsequently
be killed or frozen indefinitely, leaving these early lives in limbo.
There are no limits within the amendment as to how many cycles of IVF
may be covered, how many embryos may be created or frozen. Of course,
there are no requirements to protect the embryos that have been formed.
It is for that deficiency, it is for creating a permanent statutory
entitlement without dealing with what some people object to, which is
treating those embryos created in a comprehensive, long-range fashion,
for those reasons, I express concerns about amendments No. 5 and No.
13.
Mr. SMITH of Washington. Mr. Chair, I have no further speakers on
this first en bloc. I reserve the balance of my time.
Mr. THORNBERRY. Mr. Chair, I yield 2 minutes to the distinguished
gentleman from Nebraska (Mr. Bacon).
Mr. BACON. Mr. Chair, I come here to support the en bloc. There are
three great amendments in here that I want to briefly mention.
First, we are funding the replacement of three simulators at Offutt
Air Force Base, as well as programming equipment that will help us
exploit data that is collected during the missions. This is critical
for the backbone of the Air Force's medium-altitude manned ISR program.
Having those three simulators will have a huge impact. Instead of
taking aircraft home that should be flying to Russia, China, Korea,
Iran, or wherever it may be--without those simulators, they have to
come back to Offutt Air Force Base to do training--this will allow us
to do training at home and continue our real-world operational
missions.
I also want to thank the Chamber for supporting a bill that will help
enable our civilian professors to be retained in our military
academies, the National War College, and all the different military
schools that we have by allowing them to own the copyrighted material
that they have. Prior to this bill, the civilian instructors would not
be able to have ownership of these copyrighted materials, and many of
them get out because they want to progress with their careers. This
fixes that and allows them to stay in and maintain that ownership.
Finally, I want to praise another amendment that is in this en bloc.
We are allowing the academies now to endorse, as well as participate
with, foundations that are there to help support the cadets. Prior to
this, the academies were not allowed to partner or to endorse these
foundations, and it really limited the ability for these foundations to
help our cadets.
Now that they can work together, they can help provide more money for
new facilities and gym equipment, providing a better quality of life
for our cadets, while at the same time lowering the burden on
taxpayers.
Mr. Chair, I want to praise this effort, and I support the en bloc.
Mr. SMITH of Washington. Mr. Chair, I have an additional speaker. I
yield 2
[[Page H5546]]
minutes to the gentleman from Rhode Island (Mr. Cicilline).
Mr. CICILLINE. Mr. Chair, I rise in support of the en bloc package,
and I thank Chairman Smith and Ranking Member Thornberry for their
support of two amendments that I have offered, particularly my
amendment clarifying the statutory rights of servicemembers and their
families under the Servicemembers Civil Relief Act.
For too long, forced arbitration clauses buried deep within the fine
print of everyday contracts have eroded workplace discrimination
protections for servicemembers and blocked them from having their day
in court to hold corporations accountable. Under these agreements, a
servicemember can be called up for Active Duty, express to his or her
employer a desire to return to his job following deployment, and then
be fired on his last day at work before he deploys. This actually
happened.
The servicemember would then learn that he or she has waived the
right to due process because of the contract he or she signed, removing
the procedures and safeguards afforded to individuals in our justice
system. These forced arbitration clauses allow corporations to choose
their arbiter and their venue and to deny servicemembers the right to
press their claims for unjust termination.
This bipartisan amendment would end this shameful practice by
clarifying that arbitration clauses are only enforceable if agreed to
by the servicemember or their family after a dispute arises, thereby
protecting their rights under the Servicemembers Civil Relief Act.
I thank my colleagues, Congressman Guy Reschenthaler and Veterans
Affairs' Committee Chairman Mark Takano, for their strong, bipartisan
support for this amendment to protect our men and women in uniform. I
thank the chairman and the ranking member for their support of this
amendment.
Mr. THORNBERRY. Mr. Chair, I have no further requests on this en bloc
package.
I yield back the balance of my time.
Mr. SMITH of Washington. Mr. Chair, I yield myself such time as I may
consume to say that I urge support for the en bloc package.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentleman from Washington (Mr. Smith).
The en bloc amendments were agreed to.
Amendment No. 3 Offered by Ms. Speier
The CHAIR. It is now in order to consider amendment No. 3 printed in
part B of House Report 116-143.
Ms. SPEIER. Mr. Chair, I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle C of title V, add the following:
SEC. 530. NONDISCRIMINATION WITH RESPECT TO SERVICE IN THE
ARMED FORCES.
(a) In General.--Chapter 37 of title 10, United States
Code, is amended by inserting after section 651 the following
new section:
``Sec. 651a. Members: nondiscrimination
``(a) Standards for Eligibility for Service.--Any
qualifications established or applied for eligibility for
service in an armed force shall take into account only the
ability of an individual to meet gender-neutral occupational
standards for military service generally and the military
occupational specialty concerned in particular, and may not
include any criteria relating to the race, color, national
origin, religion, or sex (including gender identity or sexual
orientation) of an individual.
``(b) Equality of Treatment in Service.--Any personnel
policy developed or implemented by the Department of Defense
with respect to members of the armed forces shall ensure
equality of treatment and opportunity for all persons in the
armed forces, without regard to race, color, national origin,
religion, and sex (including gender identity and sexual
orientation).
``(c) Gender Identity Defined.--In this section, the term
`gender identity' means the gender-related identity,
appearance, mannerisms, or other gender-related
characteristics of an individual, regardless of the
individual's designated sex at birth.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 37 of such title is amended by inserting
after the item relating to section 651 the following new
item:
``651a. Members: nondiscrimination.''.
The CHAIR. Pursuant to House Resolution 476, the gentlewoman from
California (Ms. Speier) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from California.
Ms. SPEIER. Mr. Chair, I yield myself 2 minutes.
I rise today in support of my amendment to affirm the right of all
people, regardless of race, religion, national origin, or sex,
including sexual orientation or gender identity, to serve openly in our
Armed Forces, so long as they meet gender-neutral standards.
This debate affects real servicemembers who have served courageously.
I want you to hear their stories.
Navy Lieutenant Commander Blake Dremann, a trans man, has served for
over 15 years and received the prestigious Navy Batchelder Award.
Captain Jennifer Peace is a trans woman who has served for over 15
years and has deployed to Afghanistan and Iraq multiple times.
Army Captain Alivia Stehlik, a trans woman, commissioned out of West
Point over 10 years ago and received the Bronze Star Medal.
Hospital Corpsman Third Class Akira Wyatt, a trans woman, has been in
the Navy for over 7 years and has deployed across the globe.
Finally, Staff Sergeant Patricia King is a trans woman who is
retiring after 20 years, 20 years, and has led combat infantry units
over three deployments in Afghanistan.
Over the last 3 years, 14,000 transgender servicemembers have served
openly and successfully. All five service chiefs affirmed they do not
hamper lethality or cohesion.
Malice and ignorance cannot stop us from giving medically necessary
care to individuals brave enough to serve. We know what transgender
servicemembers bring to the fight. Let them bring it.
Mr. Chair, I yield 1 minute to the gentlewoman from California (Mrs.
Davis), who has aptly represented this committee many times over.
Mrs. DAVIS of California. Mr. Chair, I want to first thank my
colleague from California for her work to undo the damage the President
has done to transgender servicemembers and our Armed Forces.
This ban endangers transgender soldiers and tells all transgender
Americans that they are not fit to serve their country. The Harry
Truman amendment will reverse the President's harmful ban and protect
transgender soldiers from further discrimination.
Though the administration cited concerns over readiness, unit
cohesion, and medical costs to justify its ban, it has been unable to
back up its claims.
Mr. Chair, transgender troops have served openly at home, overseas,
and in combat zones since 2016 without incident, a finding supported by
the Chief of Staff of every service branch.
The Truman amendment extends Federal protections to transgender
soldiers and makes it unlawful to exclude anyone from service based on
their gender identity.
Transgender servicemembers, as my colleague noted, testified in the
House that serving openly dramatically improved their quality of life
and their service to our country.
Mr. Chair, I urge a ``yes'' vote on this amendment.
Mr. THORNBERRY. Mr. Chair, I claim the time in opposition, although I
am not completely sure I am opposed to the amendment.
The CHAIR. Without objection, the gentleman from Texas is recognized
for 5 minutes.
There was no objection.
Mr. THORNBERRY. Mr. Chair, I yield 3 minutes to the distinguished
gentlewoman from Missouri (Mrs. Hartzler).
Mrs. HARTZLER. Mr. Chair, first of all, I would say, being from
Missouri, I would think that Harry Truman would be shocked that this
would try to be named after him.
But anyway, this amendment eliminates all enlistment requirements
except for the gender-neutral occupational standards.
It says, ``Any qualifications established or applied for eligibility
for service in an armed force shall take into account only the ability
of an individual to meet gender-neutral occupational standards for
military service,'' and it goes on.
Intended or not, I am concerned that this means that an individual
with a
[[Page H5547]]
chronic illness, with zero ability to deploy, could apply for and join
the military as long as the candidate meets the gender-neutral
occupational standards.
This is not how the military recruits and retains the best military
fighting force. The military prides itself on high medical and physical
standards. Currently, if you meet both standards, then you may be
granted the honor of serving. The military is under no obligation to
accept individuals who do not meet the medical criteria for service.
The military's recruitment process doesn't screen for race, religion,
color, national origin, or sex. Neither does it screen for gender
preference.
It seems that the intent of this amendment is to gut the President's
recently implemented policy on transgender servicemembers, which, I
will remind everyone, allows transgenders to serve. It allows
transgenders to serve in their biological sex, except for those--except
for those--who have undergone treatments for gender dysphoria, which
would make them nondeployable.
I would remind my colleagues that the DOD policy is based on medical
conditions, not an individual's fluid and preferred gender identity. It
is based on deployability and readiness, not discrimination.
The Trump policy states that anyone who meets military standards
without special accommodations can and should be able to serve. This
includes transgender persons.
This amendment appears to gut the military's ability to ensure our
soldiers, sailors, airmen, and marines can medically serve by stating
the DOD can only take into account whether or not an individual meets
gender-neutral occupational standards.
Military service is a privilege. It is not a right. It would be
unwise for us to make exceptions to service for one specific entity who
could not meet medical standards. That is why I urge my colleagues to
oppose this amendment.
{time} 1900
Ms. SPEIER. Mr. Chairman, I yield 45 seconds to the gentleman from
Maryland (Mr. Brown), my great colleague.
Mr. BROWN of Maryland. Mr. Chairman, I rise in support of
Congresswoman Speier's amendment.
As an African American veteran, my service and my background lead me
to believe that all Americans who want to serve and can meet our
military standards should be afforded the opportunity to serve. This
amendment, which codifies the military's existing nondiscrimination
standards for all Americans, would end President Trump's ban on
transgender servicemembers and would realize President Truman's promise
of the equality of treatment and opportunity for all those who serve in
our country's defense that he made when he desegregated the Armed
Forces.
Those who argue against transgender service often say it disrupts
unit cohesion, erodes morale, and reduces effectiveness. These
arguments, regrettably, were used to keep African American, women,
lesbian, and gay members from serving. Transgender servicemembers, we
need their service; we need their skills; we need their experience; we
need their courage; we need their patriotism; and they need our
support.
Mr. THORNBERRY. Mr. Chairman, I only have myself to close, and I
reserve the balance of my time.
Ms. SPEIER. Mr. Chairman, may I inquire how much time I have
remaining.
The CHAIR. The gentlewoman has 1\3/4\ minutes remaining.
Ms. SPEIER. Mr. Chairman, I yield 1 minute to my colleague from
Massachusetts (Mr. Kennedy).
Mr. KENNEDY. Mr. Chairman, I thank the chairwoman for her passionate
work on this issue.
The President's transgender military ban doesn't just ignore science,
expert testimony, military experience, and the advice of all five
military chiefs of staff, it ignores the men and women who are willing
to die in defense of our freedom.
So I ask my colleagues one simple question: Are you willing to look
into the eyes of a trans servicemember and tell them that they are not
qualified to serve in our Nation's Armed Forces simply because of who
they are, that our country won't allow them their most basic freedom
while expecting them to die for our own?
If our Nation's fundamental promise that we are all created equal
doesn't apply to all, then what are we asking them to defend in the
first place?
Mr. THORNBERRY. Mr. Chairman, I continue to reserve the balance of my
time.
Ms. SPEIER. Mr. Chairman, I yield 30 seconds to the gentlewoman from
New Mexico (Ms. Haaland), my great colleague.
Ms. HAALAND. Mr. Chairman, America must live up to its values, and
that means treating transgender servicemembers with the same respect
and dignity as their counterparts. Both of my parents served and only
judged their fellow servicemembers on one standard: their ability to
complete the mission.
Transgender servicemembers honorably serve this country and are not
any different than any other servicemember. They come from families
where service is a tradition. They go through the same training and
abide by the same requirements. They deserve fairness and respect, and
I urge the passage of this amendment.
Mr. THORNBERRY. Mr. Chairman, I continue to reserve the balance of my
time.
Ms. SPEIER. Mr. Chairman, I am prepared to close. How much time do I
have left, Mr. Chairman?
The CHAIR. The gentlewoman has 15 seconds remaining.
Ms. SPEIER. Mr. Chairman, these are servicemembers who deserve our
support. These are servicemembers who have already identified as trans
members in our military. They provide no issues in terms of lethality
or cohesion. They serve with distinction, with honor, and it is time
for us to repeal this ill-advised amendment.
I yield back the balance of my time.
Mr. THORNBERRY. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, I would simply say my view is that, if a servicemember
is qualified and can do the job without some sort of special
accommodation, then we ought to take advantage of that member's
service.
I note that Secretary Mattis has testified: ``It is a bedrock
principle of the Department of Defense that any eligible individual who
can meet the high standards for military service without special
accommodations should be permitted to serve.''
That is what I believe. I have read the gentlewoman's amendment. It
is not clear to me that her amendment is in violation of that statement
or my belief.
I heard and listened clearly to the concerns Mrs. Hartzler stated, so
maybe we need to continue, as we move forward, to look at whether there
are other consequences to the language. But it seems to me the standard
that Secretary Mattis has set out--if you can do the job, you ought to
be able to do the job--that is the right one.
I yield back the balance of my time.
The Acting CHAIR (Ms. Jackson Lee). The question is on the amendment
offered by the gentlewoman from California (Ms. Speier).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Ms. SPEIER. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from California
will be postponed.
Amendment No. 6 Offered by Ms. Speier
The Acting CHAIR. It is now in order to consider amendment No. 6
printed in part B of House Report 116-143.
Ms. SPEIER. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle C of title VII, add the following
new section:
SEC. 729. EDUCATION ON FAMILY PLANNING FOR MEMBERS OF THE
ARMED FORCES.
(a) Education Programs.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of the Department in which
the Coast Guard is operating, shall establish a uniform
standard curriculum to be used in education programs on
family planning for all members of the Armed Forces,
including both men and women members. Such education programs
shall be provided to members as follows:
(A) During the first year of service of the member.
[[Page H5548]]
(B) At such other times as each Secretary of a military
department determines appropriate.
(2) Sense of congress.--It is the sense of Congress that
the education programs under paragraph (1) should be
evidence-informed and use the latest technology available to
efficiently and effectively deliver information to members of
the Armed Forces.
(b) Elements.--The uniform standard curriculum under
subsection (a) shall include the following:
(1) Information for members of the Armed Forces on active
duty to make informed decisions regarding family planning.
(2) Information about the prevention of unintended
pregnancy and sexually transmitted infections, including
human immunodeficiency virus (commonly known as ``HIV'').
(3) Information on--
(A) the importance of providing comprehensive family
planning for members, including commanding officers; and
(B) the positive impact family planning can have on the
health and readiness of the Armed Forces.
(4) Current, medically accurate information.
(5) Clear, user-friendly information on--
(A) the full range of methods of contraception approved by
the Food and Drug Administration; and
(B) where members can access their chosen method of
contraception.
(6) Information on all applicable laws and policies so that
members are informed of their rights and obligations.
(7) Information on patients' rights to confidentiality.
(8) Information on the unique circumstances encountered by
members and the effects of such circumstances on the use of
contraception.
The Acting CHAIR. Pursuant to House Resolution 476, the gentlewoman
from California (Ms. Speier) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from California.
Ms. SPEIER. Madam Chair, we withdrew this particular amendment during
the committee's disposition on the NDAA at the request of Mr. Kelly
because I recognized that he had some important points to make. I think
this addresses his concern.
This particular amendment ensures access to high-quality education on
family planning across military branches to give our servicemembers the
tools they need to make the best healthcare decisions for themselves
and their families.
According to DOD estimates, the vast majority--some 95 percent--of
all women serving in our military are of reproductive age, yet data
from the Department of Defense survey shows insufficient access to
comprehensive family planning education among our servicemembers.
Inadequate family planning education puts servicemembers at high risk
of unplanned pregnancies and creates uncertainty in the retention of
critical personnel.
Not surprisingly, research shows that Active-Duty servicemembers of
reproductive age have a rate of unplanned pregnancies that is 60
percent--I repeat, 60 percent--higher than that of comparable women in
the general population.
Education on family planning is not just about contraception or
pregnancy; it is also about preventing sexually transmitted infections,
including HIV, and staying healthy and informed.
This amendment would create a uniform education program across all
branches of the military so that servicemembers receive current and
medically accurate information. The education would be mandatory within
the first year of service, and additional education may be offered at
the discretion of each service branch.
This is an issue of basic healthcare, but it is also a matter of
military readiness and national security. Our troops deserve the very
best, regardless of which branch of the military they serve.
Madam Chair, I yield 1 minute to the gentlewoman from California
(Mrs. Davis).
Mrs. DAVIS of California. Madam Chair, I rise today to support the
amendment offered by my colleague from California (Ms. Speier). It
provides our servicemembers with medically accurate educational
resources to help prevent unintended pregnancies and the spread of
sexually transmitted infections.
The courageous Americans who put their lives on the line for our
country deserve the best wellness education we can offer, and keeping
them healthy helps maximize our military's readiness.
This commonsense amendment is recommended by the Pentagon's
nonpartisan Defense Department Advisory Committee on Women in the
Services, and, therefore, there should be broad bipartisan support. I
encourage my colleagues who support our troops to vote for it.
Ms. SPEIER. Madam Chair, I yield 1 minute to the gentlewoman from New
Mexico (Ms. Haaland).
Ms. HAALAND. Madam Chair, I rise in support of this amendment, and I
want to highlight three key points:
The military women of reproductive age lack access to adequate
healthcare. This is a healthcare problem.
Unplanned pregnancies hamper readiness and make it harder for women
to advance their careers, and this personnel issue can be easily
remedied.
A service branch shouldn't determine the quality of care our
servicemembers should have, and this is an equality issue.
I thank Chairwoman Speier, and I urge passage of this amendment.
Mrs. HARTZLER. Madam Chair, I rise in opposition to the amendment.
The Acting CHAIR. The gentlewoman from Missouri is recognized for 5
minutes.
Mrs. HARTZLER. Madam Chair, I yield myself such time as I may
consume.
I rise today in opposition to this amendment, which establishes and
mandates the establishment of a curriculum to be used in education
programs on family planning for every military serviceman and -woman,
and I will be the first to say I think this amendment is excessive.
We already have DOD policy that requires the defense health agency in
each military service medical department to administer its own training
on counseling and methods of contraception to all DOD healthcare
providers so that they may provide assistance to our military members
when it is needed.
In addition, I am a former teacher, and I believe knowledge is
important, but a simple brochure would suffice; however, this amendment
is over the top. It would require an entire curriculum to be developed,
which would be used in education programs.
It requires every military member, men and women, to come in off the
field, and, instead of honing their skills on a target range or in the
cockpit, they would be subjected to perhaps hours of PowerPoint
presentations, worksheets, and lectures not on what China is doing in
the South China Sea or the latest tactics of Russian aggression, but on
family planning.
Not only would this amendment force every servicemember to be
subjected to this curriculum and programming, suggesting that this
training is more important than their military training, but it
ambiguously defines what comprehensive family planning is. As written
in this amendment, this training would include information about the
prevention of unintended pregnancy and the importance of providing
comprehensive family planning.
I am extremely concerned this ambiguous terminology will be
interpreted to include abortion counseling or services. We already see
this dangerous terminology in places like New York, where their
comprehensive family planning program funds over 57 Planned
Parenthoods.
I would like to know from the author of this amendment whether this
amendment encompasses information about abortion services as part of
comprehensive family planning services.
Madam Chair, I yield 10 seconds to the gentlewoman from California
(Ms. Speier) to answer this question.
Ms. SPEIER. Madam Chair, I thank the gentlewoman from Missouri for
yielding.
Let me be clear, we are already providing this service in the
branches. They are not uniform. This would make it uniform. So whatever
is being provided now would continue to be provided, but it would be
consistent and uniform.
Mrs. HARTZLER. Madam Chair, it sounds like a little ambiguous answer
there. We don't know if this includes abortion counseling or not.
Madam Chair, I just think that this is an unnecessary mandate to push
family planning curriculum on a captive audience, and perhaps it is not
the best use of the time of our military.
Other government employees are not forced to leave their job duties
to attend family planning training. You
[[Page H5549]]
don't hear of the Department of Education having their employees go or
the Department of Transportation or any of the other departments, yet
we want to take our soldiers, sailors, airmen, and marines off the
training field and bring them in for this curriculum.
I would suggest that we should not target our military population and
use their precious time in this way. I believe too much is at stake.
Madam Chair, I reserve the balance of my time.
Ms. SPEIER. Madam Chair, I really object to my good friend and
colleague's definition of what this is actually doing. We are already
providing this kind of training, this kind of education to our
servicemembers in all our branches. We do know that the Navy and
Marines are considered to do it best, while the Army and Air Force have
room for improvement.
A recent study found that female Army soldiers have more children in
their first 2 years of enlistment and miss more work than do females in
other military branches, in part due to the differences in policies on
birth control education.
The Navy's approach is much more comprehensive, and it is on that
basis that we want to have all of the services providing the same level
of education as the Navy and Air Force.
Madam Chair, I yield back the balance of my time.
{time} 1915
Mrs. HARTZLER. Madam Chair, I appreciate what my colleague is trying
to do, but I do think that it is unnecessary, it is excessive, and it
is redundant. The author of the amendment already said it is already
being done. And servicemembers already have access to counseling on
methods of contraception, so we should not require mandatory training
for every servicemember and have this expanded curriculum and bring
them off the training field and sit them down for a PowerPoint
presentation.
Madam Chair, I urge all my colleagues to join me in opposing this
amendment, and I yield back the balance of my time.
Mr. KHANNA. Madam Chair, I support Amendment No. 6 to H.R.2500,
offered by my colleague from California, Ms. Speier. It provides our
servicemembers with medically-accurate educational resources to help
prevent unintended pregnancies and the spread of sexually transmitted
infections. As a member of the Armed Services Committee and a former
board member of Planned Parenthood Mar Monte, I've seen first-hand the
importance of family planning education, especially in our military.
The courageous Americans who put their lives on the line for our
country deserve the best wellness education we can offer. Keeping them
healthy helps maximize our military's readiness. This common-sense
amendment is recommended by the Pentagon's nonpartisan Defense Advisory
Committee on Women in the Services. Therefore, there should be broad
bipartisan support, and I encourage my colleagues who support our
troops to vote for it.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from California (Ms. Speier).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Ms. SPEIER. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from California
will be postponed.
Amendment No. 9 Offered by Mr. Brindisi
The Acting CHAIR. It is now in order to consider amendment No. 9
printed in part B of House Report 116-143.
Mr. BRINDISI. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle A of title VIII, add the following
new section:
SEC. 815. ADDITION OF DOMESTICALLY PRODUCED STAINLESS STEEL
FLATWARE AND DINNERWARE TO THE BERRY AMENDMENT.
(a) In General.--Section 2533a(b) of title 10, United
States Code, is amended by adding at the end the following
new paragraphs:
``(3) Stainless steel flatware.
``(4) Dinnerware.''.
(b) Effective Date.--Paragraphs (3) and (4) of section
2533a(b) of title 10, United States Code, as added by
subsection (a), shall apply with respect to contracts entered
into on or after the date occurring 1 year after the date of
the enactment of this Act.
The Acting CHAIR. Pursuant to House Resolution 476, the gentleman
from New York (Mr. Brindisi) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from New York.
Mr. BRINDISI. Madam Chair, I yield myself as much time as I may
consume.
Madam Chair, I rise today in support of my bipartisan amendment, and
I would like to thank Congressman McKinley for leading this important
effort with me.
This amendment would reinstate the Berry amendment's longstanding
Department of Defense domestic sourcing requirement for stainless steel
flatware.
This amendment would support American manufacturers, ensure our
servicemembers are using safe flatware and dinnerware, and gives the
Department of Defense flexibility should American-made flatware not be
available or affordable.
There is historical precedent for this provision. In fact, from 1976
to 2006, the Berry amendment included a domestic sourcing requirement
for stainless steel flatware, but it was removed in the 2007 NDAA due
to a lack of domestic supply.
Since then, domestic flatware production has rebounded significantly.
In the past decade, domestic manufacturers have sold over $9 million in
flatware to the Federal Government. This rebound has led to a stable
domestic supply chain and manufacturer base.
Our American manufacturers have demonstrated their reliability as a
stable domestic supplier of stainless steel flatware to Federal
customers, which supports restoring the longstanding domestic sourcing
requirement.
As my colleagues know, President Trump is a staunch supporter of
American manufacturers, a commitment to American jobs that he and I
share.
Congress constantly pays lip service to bringing back good-paying
American jobs and keeping them here. Well, this is an opportunity for
my colleagues on both sides of the aisle to actually do it.
Reinstating the Berry amendment's domestic sourcing provision for
stainless steel flatware is a win-win for everyone involved. It
supports local manufacturing in the U.S., and DOD would retain the
ability to waive the domestic sourcing requirement if domestic flatware
could not be procured at market prices.
In my view, this should not be a difficult question. When choosing
between supporting and creating American jobs over Chinese jobs, I will
choose hardworking Americans every time, and I urge my colleagues to do
the same by supporting this amendment.
Madam Chair, I reserve the balance of my time.
Mr. THORNBERRY. Madam Chair, I claim the time in opposition to the
amendment.
The Acting CHAIR. The gentleman from Texas is recognized for 5
minutes.
Mr. THORNBERRY. Madam Chair, I yield myself such time as I may
consume.
Madam Chair, this is the third year in a row, I believe, we have had
this attempt to require DOD to only buy knives and forks and spoons
from a certain supplier.
I opposed it when it was brought by a Republican and I oppose it when
it is brought this year as well.
In all 3 years, I have yet to hear a national security justification
to dictate where DOD buys its knives and forks and spoons and plates. I
have not heard it yet.
At one point, there was a view that certain textiles and food were of
such importance to the functioning of our military, that there needed
to be restrictions on where they were procured. Again, I have not heard
that when it comes to knives and forks.
I will say that adding this mandate will hurt our troops, because the
only situation in which DOD would choose other than a domestic supplier
would be if it saves money if you can buy knives and forks and spoons
cheaper from some other supplier. So that means you are taking away
money from ammunition or whatever it is and spending more than you
would otherwise need to spend on your plates and knives and forks. I
can't tell you how much, probably not a lot, but it takes away money
for other vital programs.
The big question I have, Madam Chair, is where does this stop? I
admire
[[Page H5550]]
all Members who try to support manufacturing in his or her district.
That is part of our job as Members of Congress. Got it.
But if we are going to say, ``Okay. The DOD has got to buy their
plates and cups and knives and forks and spoons from a domestic
supplier in my district,'' what about the napkins? What about the soap
to wash your hands? Where does it stop?
I don't think that we want to go down this road without a clear
national security reason to limit the suppliers available to DOD.
Computer chips, that is one thing, but knives and forks, that is
something else.
Madam Chair, I reserve the balance of my time.
Mr. BRINDISI. Madam Chair, this amendment would not cost the
Department of Defense any more money. In fact, this amendment retains
all existing waivers under the Berry amendment.
If there were significant negative charges to the price or quality of
domestic flatware, the Department of Defense will be able to use other
sources of flatware and would be able to import flatware.
This amendment reaches beyond flatware and would support multiple
American manufacturers.
This amendment would also allow American manufacturers all over the
country to compete against each other to provide our servicemembers
with American-made flatware.
Unlike the items that were mentioned that have never been included in
the Berry amendment, flatware was included in the Berry amendment for
30 years. It was only removed because domestic supply could not sustain
the Pentagon's demand at the time.
Domestic supply has since rebounded. Because of this, I see no reason
why not to reinstate this longstanding provision that would help
American manufacturing.
I would argue that it is in our national security interest, because
supporting American manufacturing, supporting American jobs helps grow
our economy, helps create more taxpayers who then contribute revenue to
fund our military. I would much rather support American manufacturers
who pay taxes in this country than support manufacturers in China and
support the Chinese economy.
Madam Chair, I reserve the balance of my time.
Mr. THORNBERRY. Madam Chair, I reserve the balance of my time to
close.
Mr. BRINDISI. Madam Chair, I urge adoption of the amendment, and I
yield back the balance of my time.
Mr. THORNBERRY. Madam Chair, creating domestic jobs in industry after
industry is not the primary purpose of the Department of Defense,
especially without a national security reason to do so.
What this amendment would do, if it does anything, is to add another
category of bureaucracy and burdens that the Department of Defense has
got to go through before it decides where it is going to procure its
plates and spoons.
This has not been the law since 2006. I think our military folks have
been reasonably well fed in the 13 years since this was last part of
the law.
Again, the only reason to do it is if the domestic supplier is not
cheaper. So it costs money, if it does anything.
Madam Chair, there are lots of important national security issues.
Mandating where the Department of Defense gets its plates and spoons
and cups and bowls and however else you want to define dinnerware, I do
not think, is appropriate, and I urge opposition to the amendment.
Madam Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New York (Mr. Brindisi).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. THORNBERRY. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from New York
will be postponed.
Amendment No. 10 Offered by Mrs. Torres of California
The Acting CHAIR. It is now in order to consider amendment No. 10
printed in part B of House Report 116-143.
Mrs. TORRES of California. Madam Chair, I have an amendment at the
desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle E of title X, insert the following:
SEC. 10__. UNITED STATES MUNITIONS LIST.
The President may not remove from the United States
Munitions List any item that was included in category I, II,
or III of the United States Munitions List, as in effect on
August 31, 2017.
The Acting CHAIR. Pursuant to House Resolution 476, the gentlewoman
from California (Mrs. Torres) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from California.
Mrs. TORRES of California. Madam Chair, I yield myself such time as I
may consume.
Madam Chair, my amendment would maintain congressional oversight over
certain weapons sales and ensure that dangerous weapons do not end up
in the wrong hands.
Whatever our views on firearm policy may be, we should all be able to
agree that putting more firearms in the wrong hands would make the
world a lot more dangerous.
Since the passage of the Arms Export Control Act in 1976, the State
Department has overseen licensing authority for exporting deadly
weapons, supported by congressional oversight authority.
Under Republican Presidents and Democratic Presidents alike, this has
been the system in place, so the experts who spend their lives
monitoring hotspots around the world can put U.S. national security
interests first, and not profits for weapons manufacturers.
That is why many Members have expressed concern about the Trump
administration's plan to change our firearm export licensing system.
Under the administration's plan, firearms and other items in
categories 1, 2, and 3 of the United States Munitions List would move
from the Commerce Control List. That may sound like a technical change,
but it would have real world consequences.
Congress would lose oversight over sales, preventing this body from
objecting to sales that could harm national security or lead to human
rights violations.
We would also be taking licensing authority for exporting deadly
weapons away from the State Department and giving it to the Commerce
Department, without any clear evidence that Commerce has the expertise
or capacity to handle this new responsibility.
This amendment would stop that plan from going forward.
To be clear, this amendment would not prevent the export of firearms.
This amendment would not create any new restrictions on firearms
exports.
This amendment would simply keep the status quo in place so we can
focus our efforts on strengthening the current system.
When it comes to keeping firearms out of the hands of terrorists and
drug cartels, we should err on the side of caution.
That is what this amendment does.
Madam Chair, I urge my colleagues to support this amendment, and I
reserve the balance of my time.
Mr. ZELDIN. Madam Chair, I claim the time in opposition to the
amendment.
The Acting CHAIR. The gentleman from New York is recognized for 5
minutes.
{time} 1930
Mr. ZELDIN. Madam Chair, I stand in opposition to the amendment
offered by my dear colleague, Mrs. Torres, that prohibits the President
from removing any items listed in categories 1, 2, and 3 of the U.S.
Munitions List.
One of the first Oversight and Investigations Subcommittee hearings
this year was a review of a large interagency process to modernize the
United States Munitions List to ensure the State Department retained
oversight over only the most critical defense articles with military
end-use.
The decision to transfer certain defense articles and services from
State to Commerce had strong, bipartisan support but got caught up in a
debate that had nothing to do with export control reform.
[[Page H5551]]
The process to move certain defense articles has already begun. In
fact, here are just some of the categories of weapons that have already
moved to Commerce licensing controls: launch vehicles and missiles,
explosives, military aircraft, submersible vessels, tanks, and the list
goes on. Once again, these defense articles have already moved to
Commerce control.
This rule change should be finalized. After years of input from both
sides of the aisle to make the change from State to Commerce, there is
no reason this decision, which started in the last administration,
needs to be delayed any longer.
Madam Chair, I reserve the balance of my time.
Mrs. TORRES of California. Madam Chair, it is true that parts and
components for military equipment have been moved to the CCL. However,
none of the items previously transferred from the USML to the CCL were
complete weapons that would allow a soldier to aim and fire on a
target.
The Obama administration did not move, or even propose to move,
firearms and ammunition. They saw what happened at Newtown and knew
that we needed to be cautious about these weapons.
If the administration's proposal goes through, it would be the first
time that the Commerce Department was put in charge of licensing for
lethal weapons designed to kill people. This is not business as usual.
Voting ``yes'' on this amendment will prevent this administration
from going beyond what the Obama administration chose to do by ensuring
that exports of firearms and ammunition remain under the jurisdiction
of the State Department, with congressional oversight.
Madam Chair, I reserve the balance of my time.
Mr. ZELDIN. Madam Chair, I continue to reserve the balance of my
time.
Mrs. TORRES of California. Madam Chair, I yield 1 minute to the
gentleman from Washington (Mr. Smith).
Mr. SMITH of Washington. Madam Chair, this is a very important issue
and something that our committee worked on over a long stretch of time
on export controls. We made very carefully thought-out reforms in that
process.
The process was a nightmare. Dual-use was the big problem. We could
have, just as an example, a bolt that happened to go into a piece of
military equipment. If it was to be put in something else, it was
subject to this far more aggressive export control thing. But we fixed
all of that.
What the gentlewoman is trying to prevent is stepping way over the
line here and allowing the export of things that really are clearly
within the military use concern. We covered what wasn't. This goes
beyond that and undermines our ability to make sure that we are not
giving potential adversaries access to weapons that can jeopardize our
national security.
I do think we need to take this step to make sure that the Trump
administration doesn't go beyond what we worked out. I realize this
word is being overused, but we did work this out in a bipartisan way.
With the chairman's help, we included this in the National Defense Act
a few years ago. That was helpful.
This goes too far by the President. I think this amendment is
perfectly appropriate.
Mr. ZELDIN. Madam Chair, it is important to point out that not all
firearms will move to Commerce. The State Department will continue to
retain oversight for certain firearms: fully automatic firearms; modern
artillery; silencers, components, parts, and accessories specially
designed for automatic firearms and shotguns. The list goes on. It is
actually a long list of firearms-related components that will stay on
USML.
Madam Chair, I reserve the balance of my time.
Mrs. TORRES of California. Madam Chair, no one here is arguing
against firearm exports, and no one here is trying to place new
restrictions on manufacturers. What we are asking is to keep the system
we have so that Congress can continue to do its job and make sure that
deadly weapons don't end up in the wrong hands.
Madam Chair, I urge all of my colleagues to support this amendment,
and I yield back the balance of my time.
Mr. ZELDIN. Madam Chair, the USML and the CCL are for listed exports
of firearms. This jurisdictional transfer does not govern the illicit
transfer of firearms that are often used in violent crimes and human
rights abuses overseas.
The U.S. Government will continue its longstanding end-use
modernizing efforts, including vetting of potential end-users, to help
prevent human rights abuses.
As I stated during my opening remarks, when assessing Commerce's
ability to take over this responsibility, it is hugely important to
recognize everything that Commerce is already now in charge of,
including, as I mentioned earlier, launch vehicles and missiles,
explosives, military aircraft, submersible vessels, tanks, and the list
goes on.
This is not a new function for Commerce. It is a transition that
started years ago during the last administration. This new rule should
be finalized.
What shouldn't be lost in this debate is how effectively Commerce is
handling this responsibility with all the very important parts and
categories that have already moved to their Department.
Madam Chair, I urge all of my colleagues to oppose this amendment,
and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from California (Mrs. Torres).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. ZELDIN. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from California
will be postponed.
Amendment No. 11 Offered by Mr. Connolly
The Acting CHAIR. It is now in order to consider amendment No. 11
printed in part B of House Report 116-143.
Mr. CONNOLLY. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of title XI, add the following:
SEC. 1113. LIMITATION ON TRANSFER OF OFFICE OF PERSONNEL
MANAGEMENT.
The President or his designee may not take any action to
transfer, transition, merge, or consolidate any functions,
responsibilities, programs, authorities, information
technology systems, staff, resources, or records of the
Office of Personnel to or with the General Services
Administration, the Office of Management and Budget, or the
Executive Office of the President.
The Acting CHAIR. Pursuant to House Resolution 476, the gentleman
from Virginia (Mr. Connolly) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Virginia.
Mr. CONNOLLY. Madam Chair, I yield myself such time as I may consume.
Madam Chair, the Trump administration has proposed to abolish the
Office of Personnel Management altogether and give the White House
control of governmentwide Federal employee policies.
My simple amendment would prohibit that proposed reorganization from
being implemented because, as my subcommittee has uncovered, this
proposal lacks merit, justification, or even a coherent rationale. That
is the opinion of the Government Accountability Office, not just me.
The GAO has testified that OPM's leaders ``have not established
outcome-oriented goals, developed a cost-benefit analysis or
implementation plans, and have not fully involved or communicated their
efforts with the Congress, employees, and other key stakeholders.''
Both Republicans and Democrats on our subcommittee expressed deep
skepticism about the so-called plan.
My Republican counterpart in the Senate, Senator James Lankford,
said, ``It's hard to get to a determination of how this makes things
better.''
I couldn't agree more. OPM's 5,500 employees run programs that serve
our Federal Government's 2.7 million active employees.
OPM administers, for example, the largest employer-sponsored health
insurance program in the world and processes the world's largest
retirement
[[Page H5552]]
program for 2.5 million Federal retirees and their survivors.
It provides human services consulting and regulates the
implementation of laws essential to our Nation's merit-based civil
service, including the Hatch Act, which prohibits Federal employees
from using Federal resources for political and campaign purposes.
It also provides dental, vision, and medical insurance to 8 million
Federal employees and their families.
In short, OPM is the agency that serves the people who serve the
American people.
On May 21, our subcommittee held a hearing that eviscerated the
administration's plan to eliminate OPM. I told Acting Director Weichert
at that time that the plan was dead on arrival as submitted and that
she needed to start over to find a way to work together on a bipartisan
basis to rebuild OPM the right way. She said she would, and I took her
at her word. Despite these clear messages and continued oversight, Ms.
Weichert failed to live up to her end of the agreement.
Recently, OPM officials announced their intention to lay off or
possibly furlough 150 employees because they could not afford to keep
them on the payroll, they claimed. That threat was made in spite of the
proposed appropriations levels, which are above what would be needed to
fill any budget gap.
The administration's inadequate plan to dismantle OPM has been a
disaster. After realizing that it cannot prevail on the merits, the
administration is now resorting to blackmail.
On June 27, our subcommittee held another hearing to question OPM
officials on the lack of documents provided to Congress about the plan
to eliminate OPM. At that hearing, OPM admitted they have failed to
determine whether actions they are already taking to eliminate OPM are
even legal. They could not provide the underlying legal guidance
justifying their action.
The language in this simple amendment largely mirrors language
already included in the Financial Services and General Government
Appropriations Act for fiscal year 2020 already passed by the House
last month.
We have not seen anything, unfortunately, from the administration to
convince us that any part of this plan is a good idea and would make
our Federal Government more effective and efficient. In fact, GAO has
said that the administration's proposal could further hinder the
Federal retirement backlog by creating additional uncertainty. That
could make it difficult for OPM to plan large-scale changes in its
operations.
The Acting Director of OPM and the Deputy Director for Management of
OMB was reported as saying that the administration plans ``to play
chicken with Congress'' to effectuate its proposal to eliminate OPM.
We must pass this amendment, as we did on the appropriations bill, to
send a clear message that threatening Congress is not the way to do
business, whether it is with a Republican administration or a
Democratic administration.
I urge my colleagues to work with us to ensure that Federal employees
are treated with respect and are protected through the OPM process.
Madam Chair, I reserve the balance of my time.
Mr. HICE of Georgia. Madam Chair, I rise in opposition to the
amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes
Mr. HICE of Georgia. Madam Chair, I yield myself such time as I may
consume.
Madam Chair, it is true that on June 21, 2018, President Trump's
Office of Management and Budget released a plan to reorganize the
executive branch. In that plan, they identified numerous ways to
eliminate duplicative programs, to combat waste, fraud, and abuse in
the government. One of the recommendations would merge the Office of
Personnel Management with the General Services Administration.
I think it is important that we highlight the word ``merge.'' This is
not an elimination of OPM. It is a merger of the two.
OPM's employees work hard to serve retiring Federal employees.
Unfortunately, they are working with outdated 20th-century technology.
It is extremely difficult for them to be able to attract IT talent
necessary to operate this outdated IT system.
The intent of OPM's proposed merger is to fix this problem by
creating one agency focused on delivering efficient, effective employee
services governmentwide.
Admittedly, OPM has not shown that this is an effective way to
address the many problems that are facing OPM. Further, it is true that
despite repeated requests for legal analysis on the administrative
authorities and cost-benefit analysis, the Oversight and Reform
Committee continues to wait for supporting information.
{time} 1945
The gentleman from Virginia knows that we have supported that effort
to try to get that information so that we can do our job.
The whole challenge that we are facing is, indeed, ongoing. And while
I share the gentleman's frustration with the lack of information to
inform our committee, this amendment is not the answer. We have the
same goal. We want to find ways to improve services for Federal
employees and get retirement benefits for Federal retirees. But while
we search for a solution, we need to keep all solutions and all options
on the table.
Maybe a merger could gain considerable operational efficiencies,
including providing support to OPM's beleaguered IT operation. If we
see any evidence to support that, we should give this proposal serious
consideration.
We should also give serious consideration to other proposals. If the
chairman of the Oversight and Reform Committee's Government Operations
Subcommittee is aware of any other proposals, I would certainly hope
and encourage him to incorporate those proposals into bipartisan
oversight efforts.
But in the meantime, this amendment does nothing to help OPM's
mission, and actively closes options to help OPM. For that reason, I
stand in opposition to this amendment, but look forward to working with
the gentleman as we move forward.
Mr. CONNOLLY. Madam Chair, may I inquire of the Chair how much time
is remaining on both sides.
The Acting CHAIR. The gentleman from Virginia has 30 seconds
remaining. The gentleman from Georgia has 1\1/2\ minutes remaining.
Mr. CONNOLLY. Madam Chair, I am prepared to allow my friend to close,
and then I will close. I reserve the balance of my time.
Mr. HICE of Georgia. Madam Chair, I would just again reiterate that
we need to keep all options on the table, and this amendment takes a
possible solution off the table.
I think we just need to do further research and consider this. I just
encourage my colleagues to vote ``no'' on this amendment, and I yield
back the balance of my time.
Mr. CONNOLLY. Madam Chairwoman, I am sad my good friend, who I know
shares my concerns, feels the need to oppose an amendment that is
designed to prevent a very bad thing from happening that has no
rationale, has no supporting documentation, and has threatened Congress
with extortion. We will RIF 150 people if you don't do what we want--
even though you don't quite know what we want--by October 1. No one in
this body should tolerate that. This amendment needs to pass, as it did
in the appropriations bill.
I urge its passage, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Virginia (Mr. Connolly).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. HICE of Georgia. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Virginia
will be postponed.
Amendment No. 12 Offered by Mr. Connolly
The Acting CHAIR. It is now in order to consider amendment No. 12
printed in part B of House Report 116-143.
Mr. CONNOLLY. Madam Chairwoman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle E of title V, add the following new
section:
[[Page H5553]]
SEC. 5__. AVAILABILITY OF RECORDS FOR NATIONAL INSTANT
CRIMINAL BACKGROUND CHECK SYSTEM.
(a) NICS Records.--Section 101(b) of the NICS Improvement
Amendments Act of 2007 (34 U.S.C. 40911(b)) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1), the following new
paragraph (2):
``(2) Department of defense.--Not later than three business
days after the final disposition of a judicial proceeding
conducted within the Department of Defense, the Secretary of
Defense shall make available to the Attorney General records
which are relevant to a determination of whether a member of
the Armed Forces involved in such proceeding is disqualified
from possessing or receiving a firearm under subsection (g)
or (n) of section 922 of title 18, United States Code, for
use in background checks performed by the National Instant
Criminal Background Check System.''.
(b) Study and Report on MPO Database.--
(1) Study.--The Secretary of Defense shall conduct a study
on the feasibility of establishing a database of military
protective orders issued by military commanders against
individuals suspected of having committed an offense of
domestic violence under section 928b of title 10, United
States Code (article 128b of the Uniform Code of Military
Justice). The study shall include an examination of each of
the following:
(A) The feasibility of creating a database to record,
track, and report such military protective orders to the
National Instant Criminal Background Check System.
(B) The feasibility of establishing a process by which a
military judge or magistrate may issue a protective order
against an individual suspected of having committed such an
offense.
(2) Report.--Not later then 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on the
results of the study conducted under paragraph (1).
The Acting CHAIR. Pursuant to House Resolution 476, the gentleman
from Virginia (Mr. Connolly) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Virginia.
Mr. CONNOLLY. Madam Chair, I yield myself such time as I may consume.
Madam Chairwoman, this amendment is simple, bipartisan, and has the
support of leading domestic violence prevention advocates and veteran
service organizations.
First of all, I want to thank my friend and colleague from New York,
a Republican, Mr. Peter King, for cosponsoring this amendment. Peter is
a veteran and a respected voice in national security issues in the
House, and his support is appreciated immensely.
Our amendment does two things: First, it codifies existing Department
of Defense policy which requires DOD to report to the National Instant
Criminal Background Check System servicemembers who are prohibited from
purchasing firearms pursuant to current law.
Again, this provision of the amendment merely codifies existing DOD
policy as outlined in the instruction 6400.06 and places no new legal
restrictions on access to firearms.
This provision is responsive to the DOD inspector general's report,
``Evaluation of Military Services' Law Enforcement Responses to
Domestic Violence Incidents'' within the military.
In that report, the IG found that the DOD has failed consistently to
report domestic violence convictions within DOD that would have
disqualified a servicemember from purchasing a firearm.
One of the domestic abuses that DOD failed to report to the FBI was
Devin Kelley, who entered a house of worship in Sutherland Springs,
Texas, in November of 2017, and killed 27 people with guns he should
have been prohibited from purchasing under current law.
According to the IG, of the 219 domestic violence cases examined at
eight military installations, 201 were found not to comply with at
least one of the Defense Department's policies for reporting domestic
violence.
In other words, more than 90 percent of the cases were not properly
reported. And in four of five cases, 86 percent were not properly
reported to the FBI or the NICS. That is a problem because we know NICS
works.
According to the FBI, from November 30, 1998, through December 31 of
2018, 206,080 gun purchases were denied based on convictions of
domestic violence or protective orders based on domestic violence.
Codifying this reporting requirement gives it more teeth and helps
Congress in its oversight of these important public safety measures
that protect all of our military and their families.
The second part of the amendment would task DOD with studying the
feasibility of creating a database of military protective orders issued
in response to domestic violence and reporting such MPOs to NICS or
establishing a process by which military judges could issue protective
orders in response to domestic violence.
This provision is responsive to the inspector general's report on the
investigation of the United States Air Force's failure to submit Devin
Kelley's criminal history information to the FBI.
Under current law, a military protective order issued in response to
a domestic violence incident does not prohibit an individual from
purchasing a firearm. However, a comparable civilian protective order
would.
The IG recommended that the Secretary of Defense consider pursuing
legislation amending the Gun Control Act to specifically include
military protective orders.
The Senate-passed National Defense Authorization Act for fiscal year
2019 included a provision which would have mandated that DOD create a
mechanism by which military judges could issue protective orders that
would trigger prohibitions on firearm purchases in a Republican Senate.
We are sensitive to the concerns about due process and mandates
regarding this matter. That is why we have adopted a middle ground that
requires DOD to study the feasibility of complying with the IG
recommendations and MPOs and the Gun Control Act, as well as to study
the feasibility of establishing a system that the Senate NDAA would
have established.
According to the Department of Veterans Affairs, 30 percent of female
veterans reported having been a victim of domestic violence within
their adult life, and 22 percent say the abuse occurred while on Active
Duty. According to the DOD, in more than 30 percent of domestic
violence cases--1,100 out of 3,000--where the victim is a member of the
military, their spouse is also a member of the military. This amendment
is not about protecting civilians only, but about protecting those in
uniform especially.
In closing, I want to thank all of the organizations that have
endorsed this bipartisan amendment including: the National Coalition
Against Domestic Violence, Futures Without Violence, Domestic Violence
Legal Empowerment and Appeals Project, Service Women's Action Network,
and Protect Our Defenders.
I yield back the balance of my time.
Mr. THORNBERRY. Madam Chairwoman, I claim the time in opposition to
the amendment.
The Acting CHAIR. The gentleman from Texas is recognized for 5
minutes.
Mr. THORNBERRY. Madam Chairwoman, I would say the first part of the
gentleman's amendment is certainly appropriate. There is no question
that DOD did not do what it should in reporting to the national
database and there have been instances where that made a difference,
tragic instances.
So requiring DOD to report within 3 days, I think, as the gentleman
from Virginia said, codifying the current policy, I think makes sense.
I hope someday we can get to the point, by the way, where we require
State and local governments to report within 3 days as well, because as
the study was conducted on DOD's failure to report to the database, it
turns out that some State and localities are even worse. So I think we
all ought to up our game when it comes to that.
I do want to express some concerns, however, about the second part of
the gentleman's amendment. It requires a feasibility study on a
military database for military protective orders. If it is a
feasibility study about whether it is technically possible to have a
database, that is one thing. But it is important for Members to
understand that military protective orders are issued by commanders,
and do not have any sort of due process that is associated with
civilian protective orders or much due process at all.
Now, military members can go and get a civilian protective order with
appropriate due process. But right now, a
[[Page H5554]]
military protective order by commanders is just issued at the request
of the victim or the victim's advocate. There are some opinions that
there are even instances where this process has been abused.
I just think we should be careful in treading down a road where we do
not provide due process with significant consequences. So as the
gentleman noted, there are some related provisions in the Senate bill.
I think it would be appropriate to take this measure and look deeper
into those consequences, especially to ensure that all servicemembers
have due process as well as all servicemembers and civilians have the
protection that the gentleman is seeking to achieve.
Madam Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Virginia (Mr. Connolly).
The amendment was agreed to.
Amendment No. 14 Offered by Ms. Shalala
The Acting CHAIR. It is now in order to consider amendment No. 14
printed in part B of House Report 116-143.
Ms. SHALALA. Madam Chairwoman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle F of title V, add the following new
section:
SEC. 5__. REVIEW OF INSTITUTIONS OF HIGHER EDUCATION
PARTICIPATING IN THE DEPARTMENT OF DEFENSE
TUITION ASSISTANCE PROGRAM.
(a) List of Participating Institutions.--
(1) In general.--The Secretary of Defense shall make
available, on a publicly accessible website of the Department
of Defense, a list that identifies--
(A) each institution of higher education that receives
funds under the Department of Defense Tuition Assistance
Program; and
(B) the amount of such funds received by the institution.
(2) Annual updates.--The Secretary of Defense shall update
the list described in paragraph (1) not less frequently than
once annually.
(b) Audit of Certain Institutions.--
(1) In general.--The Secretary of Defense shall audit the
eligibility a proprietary institution of higher education to
participate in the Department of Defense Tuition Assistance
Program if the institution does not meet the financial
responsibility standards under section 498 of the Higher
Education Act of 1965 (20 U.S.C. 1099c).
(2) Publication required.--The results of each audit
conducted under paragraph (1) shall be made available on a
publicly accessible website of the Department of Defense not
later than 30 days after the date on which the audit is
complete.
The Acting CHAIR. Pursuant to House Resolution 476, the gentlewoman
from Florida (Ms. Shalala) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Florida.
Ms. SHALALA. Madam Chairwoman, I yield myself such time as I may
consume.
Madam Chairwoman, the Department of Defense Tuition Assistance
program provides financial assistance to servicemembers for voluntary
off-duty education programs in support of professional and personal
development.
Tuition assistance is available for courses that are offered in the
classroom or by distance learning and are part of an approved academic
degree or certification program.
These courses must be offered by schools that are recognized by the
United States Department of Education, and they must abide by all rules
governing the higher education sector.
Because of a loophole that exists in Federal law, known as the GI
Bill loophole, however, many for-profit colleges target veterans and
servicemembers with aggressive and deceptive recruiting tactics in
order to collect as much GI Bill and DOD revenue as possible.
{time} 2000
In fact, research has demonstrated that the for-profit college sector
is the only sector in higher education that increases tuition when
additional Federal student aid becomes available. As one for-profit
college president turned whistleblower told veterans' organizations and
Federal officials last summer:
We cleaned up all our materials, but behind closed doors,
our recruiters will do anything and say anything to get their
hands on GI benefits and DOD Tuition Assistance funds.
This is simply unacceptable. Through the selfless sacrifice of our
men and women in uniform, we as citizens receive freedom, a freedom
that many people in this world envy. We owe an immense debt of
gratitude to those who serve and must not allow anyone to abuse their
benefits.
Madam Chair, this amendment is simple, and it will ensure that
veterans, Active Duty servicemembers, and their families are not taken
advantage of by anyone in the predatory for-profit college sector. This
amendment requires the Secretary of Defense to publish on its website
the distribution of DOD Tuition Assistance funds at institutions of
higher education and conduct an audit for any for-profit institution
that fails to meet the financial responsibility standards set in the
Higher Education Act of 1965.
Madam Chair, a for-profit college has, by definition, a fiduciary
duty to its shareholders to maximize profits. Success is determined by
the amount of tuition revenue brought in and the profits made, not by
the quality of education provided to its students.
We speak about the good and bad actors in the for-profit college
sector, and this amendment seeks to tell us just that. I know that my
good friends on the other side of the aisle have always supported our
veterans. I know they deeply care about fiscally responsible policies
and transparency.
Supporting our veterans and Active Duty servicemembers has
historically drawn large, bipartisan support. It is incumbent upon us
as elected officials to put forth an accountability system that
distinguishes bad actors from good actors and looks out for the
American taxpayer and protects our military community.
Madam Chair, this is personal for me. Every generation of my family
has served in our country's military, and all have used their
educational benefits. I know the value of a good education. I have seen
it firsthand in my four decades as an educator and as a college
president. Our veterans deserve better than policies that allow bad
actors in our education system to take advantage of their service and
their sacrifice.
I want to thank my colleagues who have worked with me on this issue
and my good friend, Congresswoman Katie Porter, for cosponsoring this
amendment. I urge my colleagues to support this commonsense amendment
and stand on the side of our servicemembers.
Madam Chair, I reserve the balance of my time.
Ms. FOXX of North Carolina. Madam Chair, I rise in opposition to the
amendment.
The Acting CHAIR. The gentlewoman is recognized for 5 minutes.
Ms. FOXX of North Carolina. Madam Chair, I yield myself such time as
I may consume.
Madam Chair, my colleagues on the other side of the aisle are
relentless in their pursuit to eliminate an entire sector of
postsecondary education--proprietary institutions, or taxpaying
institutions.
In their zealous effort to bury these types of institutions under
additional red tape and redundant bureaucratic mandates, Democrats are
wasting taxpayer dollars and valuable Pentagon time.
I have said during our Education and Labor Committee hearings, and I
will say it again and again, I support accountability for all
postsecondary education institutions. Students should not be taken
advantage of or harmed at any institution. That is why Congress and the
armed services have tough standards in place that hold all institutions
accountable for taxpayer dollars.
These requirements include two agencies already overseeing schools
participating in aid programs. The Pentagon is already required through
the Tuition Assistance program to evaluate the educational
institutions' overall effectiveness in administering its academic
program, courses, and general customer satisfaction; and the Department
of Education is tasked with--and has the expertise to--monitor the
school's fiscal health according to standards established by the
American Institute of Certified Public Accountants. If institutions
fail to meet either of these requirements, there are serious
consequences.
In addition to doubling bureaucracy, this amendment fails to help
students and their families in any meaningful way.
[[Page H5555]]
Instead of voting for this ineffective amendment, I invite
Representative Shalala and others to join me in reforming the Higher
Education Act to hold all institutions accountable to all students.
I appreciate my colleague for saying that her colleagues on this side
of the aisle support our veterans. I agree that all veterans deserve
our thanks and all the freedom they have fought for, including the
right to attend the school of their choice.
Madam Chair, I strongly oppose this amendment, I urge my colleagues
to vote ``no'', and I reserve the balance of my time.
Ms. SHALALA. Madam Chair, the DOD has already taken steps before to
ensure Tuition Assistance funds are being spent properly when those
institutions have been identified.
My amendment allows the Secretary to broadly apply much-needed
oversight to a sector that continues to defraud servicemembers and
siphons off billions of dollars from the Federal Government.
Madam Chair, I yield back the balance of my time.
Ms. FOXX of North Carolina. Madam Chair, I would like to inquire of
the Chair how much time is remaining.
The Acting CHAIR. The gentlewoman has 2\3/4\ minutes remaining.
Ms. FOXX of North Carolina. Madam Chair, I yield 1\1/4\ minutes to
the gentleman from Pennsylvania (Mr. Smucker).
Mr. SMUCKER. Madam Chair, I thank the ranking member for yielding.
I rise today in opposition, as well, to this amendment which seeks to
limit education choices for our Nation's servicemembers. Under current
law, institutions receiving Federal funding must meet the financial
responsibility standards under the Higher Education Act. That is why
the Department of Defense and the Department of Education are already
required to oversee and evaluate an educational institution's fiscal
health and academic programming. Let me repeat, they are already
required to do that.
This amendment is not only unnecessary, but it is also misleading.
Let's be honest about what this amendment is really about. It is just
another effort at eliminating all for-profit higher education
institutions.
Just a few weeks ago, I met with a group of veterans from my district
who are attending or recently graduated from YTI Career Institute in
Lancaster. They each shared similar stories about how traditional
institutions of higher education--and I have a lot of good ones in my
district--but in this particular instance they did not meet their
needs.
YTI Career Institute in Lancaster, a for-profit institution, did meet
their needs and offered them a pathway to fast-track them into the
workforce.
Why should we take this option away?
These veterans were very concerned that the programs which have
worked so well for them and many others may be eliminated by this
overregulation.
The Acting CHAIR. The time of the gentleman has expired.
Ms. FOXX of North Carolina. Madam Chair, I yield the gentleman from
Pennsylvania an additional 15 seconds.
Mr. SMUCKER. Madam Chair, if my colleagues truly were interested in
improving accountability, then they would apply these standards to all
institutions of higher learning, not just the ones they dislike.
I strongly oppose this unneeded amendment.
Ms. FOXX of North Carolina. Madam Chair, I yield 1 minute to the
gentleman from Tennessee (Mr. David P. Roe).
Mr. DAVID P. ROE of Tennessee. Madam Chair, I am a U.S. Army veteran
who has used the GI Bill.
While I strongly support being good stewards of resources expended by
the Department of Defense to various educational institutions across
the Nation, the amendment offered by my friend across the aisle goes
too far by including the term proprietary when referring to
universities. Congress and the Department of Education have set
standards of financial responsibility and are already reviewing whether
certain colleges and universities meet those standards.
Let's continue to hold all universities accountable for these
standards, not just a select few. There is no reason for this amendment
to exclude any colleges because all students deserve to know that their
choice of school meets Federally set responsibility standards whether
public, private, or proprietary.
Fortunately, this is already happening.
Unfortunately, this amendment is duplicative of the work that the
Departments of Defense and Education are conducting and is simply an
effort to further categorize colleges and universities and hold them to
different levels of scrutiny.
Let's work together to make sure all students have access to a high
quality, affordable education in a setting and format that works best
for them.
Ms. FOXX of North Carolina. Madam Chair, I want to reiterate again
what I said before: we support veterans. We want them to get a great
education, but we want them to have the choices that they have fought
for. They have sacrificed for freedoms for our country, and they
deserve to have all the freedoms that they possibly need.
Madam Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Florida (Ms. Shalala).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Ms. FOXX of North Carolina. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Florida
will be postponed.
Amendment No. 17 Offered by Ms. Omar
The Acting CHAIR. It is now in order to consider amendment No. 17
printed in part B of House Report 116-143.
Ms. OMAR. Madam Chair, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle G of title X, insert the following:
SEC. 10__. REPORT ON FINANCIAL COSTS OF OVERSEAS UNITED
STATES MILITARY POSTURE AND OPERATIONS.
Not later than March 1, 2020, the Secretary of Defense
shall submit to the congressional defense committees a report
on the financial costs and national security benefits of each
of the following for fiscal year 2019:
(1) Operating, improving, and maintaining overseas military
infrastructure at installations included on the enduring
location master list, including adjustments that take into
account direct or in-kind contributions made by the host
nations of such enduring locations.
(2) Operating, improving, and maintaining overseas military
infrastructure supporting forward-deployed forces at overseas
contingency locations, including adjustments that take into
account direct or in-kind contributions made by the host
nations of such enduring locations.
(3) Overseas military operations, including support to
contingency operations, rotational deployments, and training
exercises
The Acting CHAIR. Pursuant to House Resolution 476, the gentlewoman
from Minnesota (Ms. Omar) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Minnesota.
Ms. OMAR. Madam Chair, my amendment mandates reporting on the
financial costs and national security benefits of the Department of
Defense's operations overseas. This includes the cost of operating,
improving, and maintaining military infrastructures both on our
permanent bases and installations and at short-term contingency
locations.
In order for Congress to properly conduct its oversight and
appropriation rules, we need to have a transparent explanation of how
much each of these operations cost. We also need a transparent
justification for how each of these operations contribute to keeping
Americans safe.
We hear a constant drumbeat from the other side of the aisle on the
need for fiscal responsibility when it comes to our domestic spending,
but when it comes time to fund the Pentagon, no amount is too much, and
no project is too expensive, even though we spend more on the military
than the next 10 countries combined.
When we talk about fiscal responsibility and wasteful spending, the
Pentagon must not be above reproach. We have to ask what is actually
necessary for our national security and what is part of an outrageously
bloated budget
[[Page H5556]]
that lines the pockets of defense contractors.
So this amendment is an important step in accountability for the
Pentagon spending. It is necessary for the department that cannot pass
an audit. The American people deserve to know what their tax dollars
are being spent on and not take it on blind faith that every dollar
that is given to the Pentagon is a dollar that is protecting their
safety.
It is especially true for our overseas operations. We send our men
and women in uniform abroad and they are separated from their families
not just to win in wars but to man the bases we maintain in places like
Germany, Japan, and Honduras. We need to be asking them to do that for
a reason. This is why my amendment requires the Pentagon to justify
national security benefits of overseas operations.
So I ask my colleagues to join me in supporting this amendment and
making sure that we have an accountability in how we spend our taxpayer
dollars.
Madam Chair, I reserve the balance of my time.
Mr. LAMBORN. Madam Chairman, I claim the time in opposition to the
amendment.
The Acting CHAIR (Ms. Moore). The gentleman from Colorado is
recognized for 5 minutes.
Mr. LAMBORN. Madam Chairman, there are a number of flaws with this
amendment. I oppose it, and I would ask everyone to vote ``no'' on it.
There are a number of reasons why this is not a good amendment. For
one thing, what is being asked for in this amendment has already been
done. I have some documents here I would like to show you.
This is the defense budget overview. It goes into exhaustive detail,
thousands of line items on where the Pentagon spending is going right
now--domestic, foreign, everything.
{time} 2015
This is available to all Members of Congress. This is the National
Security Strategy, the National Defense Strategy, and just a smattering
of other documents: the Missile Defense Review, the National Defense
Strategy Commission, the Nuclear Posture Review. All of these documents
do what is being asked for.
So it is unnecessary. Any Member of Congress, even if they are not on
the Armed Services Committee, can come to the committee, can ask the
Pentagon, can ask staff on the committee for all of these documents.
These are already available. So to ask the Pentagon to regurgitate this
to us is just a big waste of their time and money.
So for that reason, and there are other reasons also--I will see if
there are any further arguments--this is unnecessary and wasteful, and
I would urge a ``no'' vote.
Madam Chair, I reserve the balance of my time.
Ms. OMAR. Madam Chair, may I inquire as to how much time I have
remaining.
The Acting CHAIR. The gentlewoman from Minnesota has 2\1/2\ minutes
remaining.
Ms. OMAR. Madam Chair, I yield 1\1/2\ minutes to the gentleman from
Washington (Mr. Smith), the distinguished chair.
Mr. SMITH of Washington. Madam Chair, I strongly support this
amendment.
The documents that the gentleman just pointed to don't even begin to
scratch the surface of addressing the issue that the gentlewoman is
raising. Those are very broad documents about where the Defense
Department spends its money.
And I am sure they mention in there--actually, I am not sure. They
might mention in there exactly how much money they spend on overseas
bases.
Actually, I would be surprised if they outline all the overseas bases
we have and what their purpose is, and that is what this amendment
calls for. Not the broad strategy, but really how many bases do we
have, how much money are we spending, and what do they all contribute
to that national security policy.
I have read through those documents. They do not have that type of
detail. Yes, they point out, for instance, here is why we are in all
the places that we are--in Asia, for instance--as we are trying to
defend it, but they don't go through all the bases and say why this
particular place, that particular place.
We are overseas in a lot of places that many people are not aware of.
It is not just the big ones that we are all aware of that would be
contained in that. There are a lot of other places where we own
property and maintain bases.
And the gentlewoman is also correct that the inability of the
Pentagon to audit--in fact, one of the things that the audit found is
that the Pentagon doesn't actually know all of the property that they
own--or they can't document it, at any rate.
So getting this piece of it documented would be helpful and would
begin to answer the question: Is that money well spent? Is that even
advancing the policy that is outlined in all of those documents?
So I think this is necessary, appropriate, and will be helpful in
getting us to a more efficient defense budget.
And, again, that is a major difference in our approach from the
minority. We don't want to just give the Pentagon money. We want to
make sure that they are accountable and spending it well.
Mr. LAMBORN. Madam Chair, it is not even really easy or practical to
do what the chairman and the sponsor of the amendment are just
proposing. There is not a fine line between what is overseas and what
is domestic. Let me give you an example.
I have a brigade combat team from Fort Carson in my district that is
now in Afghanistan. One of the things that is called for to be expensed
in this report is training exercises.
Okay. When the brigade combat team is in Fort Carson in Colorado
training to go over to Afghanistan, at what point do you draw the line
and say: Oh, that is domestic; everything beyond that is foreign?
Is it when they step on the airplane?
Is it when the airplane lands at Bagram in Afghanistan?
Is it when they start doing live-fire exercises in Colorado?
Where do you draw the line there?
This is really not even a well-written amendment. It is very
impractical.
But the worst objection to this amendment is it abdicates
responsibility. The chairman said let's have the Department tell us
what they are doing. No, they tell us what they are doing, and we
determine whether that is what they should be doing.
This amendment is calling for the national security benefits to be
told us by the Department of Defense. That is our oversight role as
Congress. We oversee the Department of Defense. We determine if they
are giving us the national security benefits that we tell them to give
us.
We don't tell them: Tell us what you are doing and tell us if what
you are doing is okay and helpful. No, they tell us what they are
doing. They specify, including the dollar amount, then we determine,
with our oversight role, if that fulfills the national security
purposes that they are supposed to be doing.
The way this amendment is written, we are abdicating that
responsibility to them. They are supposed to tell us what the benefits
are of what we are doing. That is Congress' role. That is not their
role to tell us. That is our role as oversight.
For that reason alone, we should reject this amendment. It is an
abdication of our responsibility.
Madam Chair, I reserve the balance of my time.
Ms. OMAR. Madam Chair, I agree with my colleague: It is our
responsibility to have oversight. That is simply what this amendment
does. It makes sure that we have an understanding of what our money is
being spent on and the benefits that that money will get us.
We have to have a clear understanding of what the purposes are of the
over 800 different military bases we have around the world and how much
money it is costing us to continue to operate them. That is simply what
we are asking for. That is what the American people want to know, and
that is the kind of responsibility we shouldn't abdicate.
So I want to make sure that we have a report that clearly lays out
the kind of money that is being spent and the kind of benefits that we
are getting for it.
Madam Chair, I yield back the balance of my time.
Mr. LAMBORN. Madam Chair, may I inquire as to how much time is
remaining.
[[Page H5557]]
The Acting CHAIR. The gentleman from Colorado has 1 minute remaining.
Mr. LAMBORN. Madam Chair, I yield myself the balance of my time.
Madam Chair, to conclude, let me offer this to every Member of
Congress. Almost 300 pages, with thousands of line entries, of where
every dollar in the Pentagon is going, we have this information right
now. Why should they have to regurgitate that for us all over again?
And then let's exercise our responsibility and not have them tell us
if what they are doing fulfills national security. Tell us what you are
doing, and then we will determine if that fulfills national security.
So for all these reasons, Madam Chair, I would say because it is
wasteful, it is duplicative, it is impractical, and it abdicates our
responsibility, I would urge that we reject this amendment.
The work has already been done. If anyone wants to show a little bit
of initiative, they can get this information already. It is available.
It is right here.
Madam Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Minnesota (Ms. Omar).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. LAMBORN. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Minnesota
will be postponed.
Amendment No. 19 Offered by Mr. Smith of Washington
The Acting CHAIR. It is now in order to consider amendment No. 19
printed in part B of House Report 116-143.
Mr. SMITH of Washington. Madam Chair, I have an amendment at the
desk, which I am offering as the designee for the gentlewoman from
Massachusetts (Ms. Clark).
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle H of title X, insert the following:
SEC. 10__. CONTRACTS BY THE PRESIDENT OR VICE PRESIDENT.
(a) Amendment.--Section 431 of title 18, United States
Code, is amended--
(1) in the section heading, by inserting ``the President,
Vice President, Cabinet Member, or a'' after ``Contracts
by''; and
(2) in the first undesignated paragraph, by inserting ``the
President, Vice President, or any Cabinet member'' after
``Whoever, being''.
(b) Table of Sections Amendment.--The table of sections for
chapter 23 of title 18, United States Code, is amended by
striking the item relating to section 431 and inserting the
following:
``431. Contracts by the President, Vice President, or a Member of
Congress.''.
The Acting CHAIR. Pursuant to House Resolution 476, the gentleman
from Washington (Mr. Smith) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Washington.
Mr. SMITH of Washington. Madam Chair, this amendment is very
straightforward.
Currently, all Members of Congress are prohibited from having
contracts with the Federal Government, either way. In other words, if
you are a Member of Congress, you own something, you can't lease it to
the government, rent it to the government.
Similarly, you cannot rent or lease something from the government
for, I think, obvious reasons. As Members of Congress, we could
potentially have undue influence. We could get a deal that other
Members of the public could not get. Therefore, we would have an unfair
advantage and be using our position as elected officials to enrich
ourselves, which is supposed to be prohibited.
This amendment is very straightforward. It adds the President, the
Vice President, and Cabinet members to that list of people who cannot
contract with the Federal Government, again, either the Federal
Government leasing something to us or we leasing something back to the
Federal Government that is owned, in this case, by the President, the
Vice President, and members of the Cabinet.
Because, again, particularly in the executive branch, they would
actually have, in many ways, more control over this than a Member of
Congress, who does not have the power over the assets that the
President, the Vice President, and Cabinet members would.
It prohibits them from doing that so that there are no ethical
problems, so the President, Vice President, and Cabinet members cannot
profit off of being in the office that they are in. This is part of the
way we maintain a transparent and ethical government.
I think it is a good amendment that will improve the ethics of our
government, and I urge all Members to vote in favor.
Madam Chair, I reserve the balance of my time.
Mr. HICE of Georgia. Madam Chair, I rise in opposition to the
amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. HICE of Georgia. Madam Chair, this amendment is nothing other
than, once again, an attack on President Trump and his family.
We have seen this time and time and time again from the Democrat
majority. They are simply obsessed with President Trump. Instead of
doing the hard work of governing, my colleagues on the other side of
the aisle are continuing to waste our time here in Congress with their
never-ending attempts to go after the President.
And as it relates to this specific amendment, we have already seen
this amendment. It was in H.R. 1, the so-called For the People Act,
which passed the House here on a party-line vote. It was a bad idea
then in March, and it is still a bad idea.
If an incoming President, Vice President, or Cabinet member took
office while owning a business that held a previously existing contract
with the Federal Government, this amendment would criminally fine that
individual after taking office. And since the President has not
committed a crime under existing laws, this majority is considering
making new crimes, again, in order to go after the President.
How far will they go in their attempt to go after the President?
But even if we ignore the reprehensible aspects of this bill, this
amendment has real implications that go far beyond this administration.
For example, we have seen, with this President, talented individuals
with backgrounds in business, not politics, that can bring a refreshing
change to the swamp here in Washington. But this amendment would drive
qualified people away from public service by imposing more and more
disincentives on individuals with actual, real-world experience.
This amendment is nothing more than a weakly veiled attempt at
harming this administration by trying to make new crimes out of
business decisions that occurred long before the President took office.
Madam Chair, I urge my colleagues to oppose this amendment, and I
reserve the balance of my time.
Mr. SMITH of Washington. Madam Chair, I yield myself such time as I
may consume.
This doesn't require someone to commit a crime. It requires you to
divest of your interest if you move into this position, something
which, by the way, all Members of Congress have to do.
We are not permitted to have outside income over what we have as a
Member of Congress. So if you are elected to Congress and you have
another job, you have to leave that job; you have to let go of a
particular business interest. That is part of public service.
It does not require them to be criminalized. That is like saying
having a law against taking bribes is criminalizing the elected
official. Now, there is actually something you can do: Don't take the
bribe, and you will be okay.
As far as our ``obsession'' with the President, I couldn't help but
laugh at the statement, ``instead of doing the hard work of
governing.''
I am counting how many hours I have slept over the course of the last
month-and-a-half as we have worked to put together a nearly 2200-page
bill that fully funds the Defense Department--sorry, in my opinion,
fully funds the Defense Department--and all the amendments.
Let me assure you, we are capable of doing both. We are capable of
doing the hard work of government and actually trying to make sure that
our elected officials are at least passingly ethical so that the
American public doesn't think what they already think, which
[[Page H5558]]
is that too many people get elected simply to enrich themselves.
This is not something new. We have a long list of ethics laws that
restrict what you can do as an elected official or a member of
government. I would hope that the gentleman is not suggesting that we
shouldn't have that because it is somehow inconvenient.
{time} 2030
I think it is incredibly important that we have ethical standards,
that we make sure that elected officials are not able to enrich
themselves based on being in the elected position that they are in.
That is all this amendment does. It is targeting good government,
which is part of our job.
Madam Chair, I reserve the balance of my time.
Mr. HICE of Georgia. Madam Chair, I would remind my friend that the
executive branch is already required to divest.
As it relates to finding it laughable that I made a comment about the
inability of the majority party to govern, I don't find that a laughing
matter at all.
Week after week--week after week after week right now--we are coming
into this people's House, wasting time on messaging bills and
amendments, as we are doing even right now, that have no chance of
going anywhere.
It is an absolute waste of time and continual evidence being proven
right before us that this majority has lost its capacity to govern
because of its obsession to go after this President. This amendment
before us here is a clear example of yet another step in that
direction. This is what it is.
Madam Chair, I yield back the balance of my time.
Mr. SMITH of Washington. Madam Chair, I yield myself the balance of
my time.
I don't know where the gentleman was over the course of the last
month when we passed 10 appropriations bills and took hundreds of votes
on the substantive business of funding the government. That is not a
waste of time.
I realize the Senate has decided that they are not going to do it,
but it is our job to pass appropriations bills. That is what we did for
the last month-plus.
We are now working on the defense bill. I would trust the gentleman
wouldn't think of that as a waste of time. It is incredibly important.
We have passed an entire rewrite of the ethics laws for the United
States House of Representatives. Whether you support it or not, it is
certainly not a waste of time.
We have passed countless other bills and important pieces of
legislation.
The Senate hasn't been doing much. I understand its rules are more
complicated, so I am sympathetic, but we are working on the substantive
ability to govern. We are doing it, even if the gentleman doesn't agree
with the bills.
This is where bipartisanship becomes difficult because as we do that,
to have someone stand up and say that is not what government is
supposed to be doing, I mean, what are we doing here? That is what we
have been doing.
Part of that should also be to have an ethical government; ethical
elected Members of Congress; and ethical Presidents, Vice Presidents,
and Cabinet members.
As I have said, there are a bunch of rules governing that. This is
one more that I think would help to make it appropriate.
Madam Chair, I urge support for the amendment, and I yield back the
balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Washington (Mr. Smith).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. HICE of Georgia. Madam Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Washington
will be postponed.
Amendments En Bloc No. 2 Offered by Mr. Smith of Washington
Mr. SMITH of Washington. Madam Chair, pursuant to House Resolution
476, I offer amendments en bloc.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 2 consisting of amendment Nos. 25, 69, 70, 71,
72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89,
90, 91, 92, and 93, printed in part B of House Report 116-143, offered
by Mr. Smith of Washington
Amendment No. 25 Offered by Mr. Malinowski of New Jersey
At the end of title XII, insert the following new subtitle:
Subtitle I--Saudi Arabia Human Rights and Accountability
SEC. 1281. 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. 1282. SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT
ENGAGE IN ACTIVITIES DESCRIBED IN SECTION
1281(A)(2).
(a) Imposition of Sanctions.--On and after the date that is
120 days after the date of the enactment of this Act, the
sanctions described in subsection (b) shall be imposed with
respect to each foreign person listed in the report described
in section 1281(a)(2).
(b) Sanctions Described.--
(1) In general.--The sanctions described in this subsection
are the following:
(A) Ineligibility for visas and admission to the united
states.--
(i) Inadmissibility to the United States.
(ii) Ineligibility to receive a visa or other documentation
to enter the United States.
(iii) Ineligibility to otherwise be admitted or paroled
into the United States or to receive any other benefit under
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) Revocation of any visa or other entry documentation
regardless of when the visa or other entry documentation is
or was issued.
(ii) A revocation under clause (i) shall--
(I) take effect immediately; and
(II) automatically cancel any other valid visa or entry
documentation that is in the foreign person's possession.
(2) Exception to comply with international obligations.--
Sanctions under paragraph (1) shall not apply with respect to
a foreign person if admitting or paroling the person into the
United States is necessary to permit the United States to
comply with the Agreement regarding the Headquarters of the
United Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the United
Nations and the United States, or other applicable
international obligations.
(3) Waiver in the interest of national security.--The
President may waive the application of this section with
respect to a foreign person who is A-1 visa eligible and who
is present in or seeking admission into the United States for
purposes of official business if the President determines and
transmits to the appropriate congressional committees written
notice and justification not later than 15 days before the
granting of such waiver, that such a waiver is in the
national security interests of the United States.
(c) Suspension of Sanctions.--
[[Page H5559]]
(1) In general.--The President may suspend in whole or in
part the imposition of sanctions otherwise required under
this section for periods not to exceed 180 days if the
President certifies to the appropriate congressional
committees that the following criteria have been met in Saudi
Arabia:
(A) The Government of Saudi Arabia has released any
individual who is a journalist, blogger, human rights
defender, advocate for religious liberty, or civil society
activist detained by the Government of Saudi Arabia.
(B) The Government of Saudi Arabia is cooperating in
outstanding criminal proceedings in the United States in
which a Saudi citizen or national departed from the United
States while the citizen or national was awaiting trial or
sentencing for a criminal offense committed in the United
States.
(C) The Government of Saudi Arabia is refraining from the
obstruction of the free expression of opinion and restriction
of individuals from engaging in public criticism of the
political sphere.
(D) The Government of Saudi Arabia has made verifiable
commitments to cease the practice of harming citizens of
Saudi Arabia conducting peaceful dissent, whether or not
those citizens reside in Saudi Arabia, including enforced
repatriation, disappearance, arrest, imprisonment, or
harassment.
(E) The Government of Saudi Arabia has taken verifiable
steps to hold accountable Saudi violators of human rights,
whether or not those violations took place in Saudi Arabia.
(F) The Government of Saudi Arabia has taken verifiable
steps to repeal any law or regulation that requires Saudi
women to obtain approval from a male guardian in order to
leave the country.
(G) The Government of Saudi Arabia--
(i) has made public the names of all individuals under
prosecution for the murder of Jamal Khashoggi and associated
crimes and the details of the charges such individuals face;
(ii) has made public the trial proceedings and all evidence
against the accused;
(iii) has invited international, independent experts to
monitor the trials;
(iv) has made public details of efforts to establish the
location of Mr. Khashoggi's remains and associated findings
and returned his body to his family; and
(v) has made public the rationale for why ten of the
individuals initially detained were later released without
charge.
(H) The Government of Saudi Arabia has disbanded any units
of its intelligence or security apparatus dedicated to the
forced repatriation of dissidents in other countries.
(I) The Government of Saudi Arabia is cooperating with
efforts to investigate the murder of Jamal Khashoggi being
conducted by law enforcement authorities in the United States
and Turkey, or by the United Nations.
(2) Report.--Accompanying the certification described in
paragraph (1), the President shall submit to the appropriate
congressional committees a report that contains a detailed
description of Saudi Arabia's adherence to the criteria
described in the certification.
(d) Definitions.--In this section:
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee on the
Judiciary, and the Permanent Select Committee on Intelligence
of the House of Representatives; and
(B) the Committee on Foreign Relations, the Committee on
the Judiciary, and the Select Committee on Intelligence of
the Senate.
(3) Foreign person.--The term ``foreign person'' has the
meaning given such term in section 595.304 of title 31, Code
of Federal Regulations (as in effect on the day before the
date of the enactment of this Act), except that such term
does not include an entity (as such term is described in such
section).
(4) Foreign person who is a-1 visa eligible.--The term
``foreign person who is A-1 visa eligible'' means an alien
described in section 101(a)(15)(A)(i) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(A)(i)).
(5) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity.
SEC. 1283. REPORT ON SAUDI ARABIA'S HUMAN RIGHTS RECORD.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of State, in
accordance with section 502B(c) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2304(c)), shall submit to the appropriate
congressional committees a report in writing that--
(1) includes the information required under paragraph (1)
of such section 502B(c) with respect to Saudi Arabia;
(2) describes the extent to which officials of the
Government of Saudi Arabia, including members of the military
or security services, are responsible for or complicit in
gross violations of internationally recognized human rights,
including violations of the human rights of journalists,
bloggers, human rights defenders, and those who support
women's rights or religious freedom;
(3) describes violations of human rights in Saudi Arabia by
officials of the Government of Saudi Arabia, including
against journalists, bloggers, human rights defenders, and
civil society activists;
(4) describes United States actions to address Saudi
violations of human rights, including against journalists,
bloggers, human rights defenders, and civil society
activists, including demands for clemency review of these
cases;
(5) describes any intolerant content in educational
materials published by Saudi Arabia's Ministry of Education
that are used in schools both inside Saudi Arabia and at
schools throughout the world; and
(6) describes United States actions to encourage Saudi
Arabia to retrieve and destroy materials with intolerant
material and revise teacher manuals and retrain teachers to
reflect changes in educational materials and promote
tolerance.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Appropriate Congressional Committees Defined.--In the
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(2) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
Amendment No. 69 Offered by Mr. Beyer of Virginia
At the end of subtitle H of title X, add the following:
SEC. __. MITIGATION OF HELICOPTER NOISE.
(a) In General.--The Secretary of Defense shall develop a
noise inquiry website, to assist in directing mitigation
efforts toward concentrated areas of inquiry, that is based
off of the websites of the Ronald Reagan Washington National
Airport and the Dulles International Airport. Such website
shall--
(1) provide a form to collect inquiry information;
(2) geo-tag the location of the inquiry to an exportable
map;
(3) export information to an Excel spreadsheet; and
(4) send an email response to the individual making the
inquiry.
(b) Definition of National Capital Region.--In this
section, the term ``National Capital Region'' has the meaning
given the term in section 2574 of title 10, United States
Code.
Amendment No. 70 Offered by Mr. Beyer of Virginia
At the end of subtitle H of title X, add the following new
section:
SEC. 10__. REPORT ON EXECUTIVE HELICOPTER FLIGHTS IN THE
NATIONAL CAPITAL REGION.
(a) Findings.--Congress finds that in the ``Report on the
Effects of Military Helicopter Noise on National Capital
Region Communities and Individuals'' submitted by the
Department of the Army to Congress on February 15, 2018, the
Department of the Army stated: ``The DoD possesses
helicopters which operate and train inside the NCR supporting
multiple missions to include continuity of operations,
defense support of civil authorities, executive transport,
and other activities as directed.''.
(b) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report on the number of helicopter
trips used for executive transport, including the number of
such helicopters from each branch of the Armed Services, in
the National Capital Region during the period beginning on
the date of the enactment of this Act and ending on the day
that is 90 days after the date of the enactment of this Act
(c) Public Availability of Report.--The Secretary shall
make the report required under subsection (b) publicly
available.
(d) Executive Transport Defined.--In this section, the term
``executive transport'' has the meaning given such term in
the ``Report on the Effects of Military Helicopter Noise on
National Capital Region Communities and Individuals''
submitted by the Department of the Army to Congress on
February 15, 2018.
Amendment No. 71 Offered by Mr. Biggs of Arizona
At the end of subtitle G of title XII, add the following
new section:
SEC. 12__. REPORT ON ANNUAL DEFENSE SPENDING BY ALLY AND
PARTNER COUNTRIES.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees, the Committee on
Foreign Affairs of the House of Representatives, and the
Committee on Foreign Relations of the Senate a report that
includes a description of--
(1) the annual defense spending of each mutual defense
treaty ally and major non-NATO ally, including the nominal
budget figure and the share of such spending as a percentage
of the ally's gross domestic product, for the fiscal year
immediately preceding the fiscal year in which the report is
submitted;
(2) the activities of each such ally in contributing to
military or stability operations in which the Armed Forces
participate;
(3) any limitations that each such ally places on the use
of the Armed Forces of
[[Page H5560]]
such ally for such military or stability operations; and
(4) any actions undertaken by the United States or other
countries to minimize or modify such limitations.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form but may contain a classified
annex.
(c) Definitions.--In this section:
(1) Mutual defense treaty ally.--The term ``mutual defense
treaty ally'' means a country that is a party to a treaty of
mutual defense with the United States.
(2) Major non-nato ally.--The term ``major non-NATO ally''
means a country so designated pursuant to section 2350a or
section 517 of the Foreign Assistance Act of 1961.
Amendment No. 72 Offered by Mr. Biggs of Arizona
At the end of subtitle G of title XII, add the following:
SEC. _. SENSE OF CONGRESS ON THE UNITED STATES-ISRAEL
RELATIONSHIP.
It is the sense of Congress that--
(1) since 1948, Israel has been one of the United States'
strongest friends and allies;
(2) Israel is a stable, democratic country in a region
often marred by turmoil;
(3) it is essential to the strategic interest of the United
States to continue to offer full security assistance and
related support to Israel; and
(4) such assistance and support is especially vital as
Israel confronts a number of potential challenges at the
present time, including continuing threats from Iran.
Amendment No. 73 Offered by Mr. Blumenauer of Oregon
At the end of subtitle A of title XXVIII, add the following
new section:
SEC. 28__. 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.''.
Amendment No. 74 Offered by Mr. Blumenauer of Oregon
Page 763, beginning line 21, strike subsection (b) and
insert the following:
(b) Quarterly Report.--Not later than 90 days after the
date of the enactment of this Act, and every 90 days
thereafter, the Secretary of Defense shall submit to the
congressional defense committees a report including the
following:
(1) With respect to each ex gratia payment made under the
authority in this subsection or any other authority during
the preceding 90-day period, each of the following:
(A) The amount used for such payments.
(B) The manner in which claims for such payments were
verified.
(C) The officers or officials authorized to approve claims
for payments.
(D) The manner in which payments are made.
(2) With respect to a preceding 90-day period in which no
ex gratia payments were made--
(A) whether any such payment was refused, along with the
reason for such refusal; or
(B) any other reason for which no such payments were made.
Amendment No. 75 Offered by Mr. Blumenauer of Oregon
At the appropriate place in subtitle B of title XII, insert
the following:
SEC. 12__. 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.
Amendment No. 76 Offered by Mr. Blumenauer of Oregon
At the end of subtitle B of title III, insert the
following:
SEC. 3__. REMOVAL OF BARRIERS THAT DISCOURAGE INVESTMENTS TO
INCREASE RESILIENCY TO CLIMATE CHANGE.
The Secretary of Defense shall--
(1) identify and seek to remove barriers that discourage
investments to increase resiliency to climate change;
(2) reform policies and programs that unintentionally
increased the vulnerability of systems to related climate
change risks; and
(3) develop, and update at least once every four years, an
adaptation plan that assessed how climate impacts affected
the ability of the department or agency to accomplish its
mission, and the short-and long- term actions the department
or agency can take to manage climate risks.
Amendment No. 77 Offered by Mr. Brindisi of New York
At the end of subtitle C of title VII, add the following
new section:
SEC. 7___. REPORT ON MENTAL HEALTH ASSESSMENTS.
(a) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Armed Services and
the Committee on Veterans' Affairs of the Senate and the
Committee on Armed Services and the Committee on Veterans'
Affairs of the House of Representatives a publicly available
report on the Department of Defense's implementation section
1074n of title 10, United States Code. The report shall
include the following:
(1) An evaluation of the implementation of such section
across the Armed Forces.
(2) An evaluation of the efficacy of the mental health
assessments under such section in helping to identify mental
health conditions among members of the Armed Forces in order
to prevent suicide.
(3) An evaluation of the tools and processes used to
provide the annual mental health assessments of members of
the Armed Forces conducted pursuant to such section.
(4) An analysis of how lessons learned from the annual
mental health assessments can be used within the Department
of Veterans Affairs to prevent veteran suicide.
(5) An analysis of potential policy options to improve the
monitoring and reporting required and to achieve a more
robust implementation of such section.
(6) Such other information as the Comptroller General
determines appropriate.
(b) Interim Briefing.--Not later than March 1, 2020, the
Comptroller General shall provide to the Committee on Armed
Services
[[Page H5561]]
of the Senate and the Committee on Armed Services of the
House of Representatives a briefing on the topics to be
covered by the report under subsection (a), including and
preliminary data and any issues or concerns of the
Comptroller General relating to the report.
(c) Access to Relevant Data.--For purposes of this section,
the Secretary of Defense shall ensure that the Comptroller
General has access to all relevant data.
Amendment No. 78 Offered by Mr. Brindisi of New York
At the end of subtitle C of title II, add the following new
section:
SEC. 2__. QUANTUM INFORMATION SCIENCE INNOVATION CENTER.
(a) Establishment.--The Secretary of Defense, in
consultation with the Secretary of the Air Force, shall
establish a Quantum Information Science Innovation Center to
accelerate the research and development of quantum
information sciences by the Air Force.
(b) Purposes.--The purposes of the Quantum Information
Science Innovation Center shall be to--
(1) provide an environment where researchers from the Air
Force, Government, industry, and academia can collaborate to
solve difficult problems using quantum information
technology;
(2) accelerate the research and development of new
computing technologies, including quantum information
sciences; and
(3) stimulate research and development of quantum
information sciences technologies by building upon the
quantum information technology developed at the Air Force
Research Laboratory Information Directorate, including secure
communication networks and advanced computing technology.
(c) Funding.--
(1) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding
table in section 4201, for research, development, test, and
evaluation, Air Force, applied research, dominant information
sciences and methods, line 014 is hereby increased by
$10,000,000 (to be made available for the establishment of
the Quantum Information Science Innovation Center under
subsection (a)).
(2) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance, as
specified in the corresponding funding table in section 4301,
for operation and maintenance, Defense-wide, operating
forces, Special Operations Command Operational Support, line
090 is hereby reduced by $10,000,000.
Amendment No. 79 Offered by Mr. Brindisi of New York
Page 351, after line 22, insert the following new
subsection (and redesignate the subsequent subsection
accordingly):
(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''.
Page 351, line 24, strike ``this section'' and insert
``subsections (a) and (b)''.
Amendment No. 80 Offered by Mr. Brown of Maryland
At the end of subtitle J of title V, add the following:
SEC. 597. HONORARY PROMOTION OF COLONEL CHARLES E. MCGEE TO
BRIGADIER GENERAL IN THE AIR FORCE.
The President is authorized to issue an honorary commission
promoting, to brigadier general in the Air Force, Colonel
Charles E. McGee, United States Air Force (retired), a
distinguished Tuskegee Airman whose honorary promotion has
the recommendation of the Secretary of the Air Force under
section 1563 of title 10, United States Code.
Amendment No. 81 Offered by Ms. Brownley of California
At the end of subtitle D of title III, insert the
following:
SEC. 3__. COMPTROLLER GENERAL STUDY OF OUT-OF-POCKET COSTS
FOR SERVICE DRESS UNIFORMS.
(a) Review Required.--The Comptroller General of the United
States shall conduct a study of the out-of-pocket costs to
members of the Armed Forces for service dress uniforms.
(b) Elements.--The review under subsection (a) shall
address each of the following:
(1) A description and comparison of the out-of-pocket cost
to members of the Armed Forces for the purchase of service
dress uniforms and service dress uniform items, broken down
by--
(A) gender;
(B) Armed Force;
(C) enlisted; and
(D) officer.
(2) Stipends, in-kind provision of items, or other
assistance provided by each service to personnel to offset
cost of service dress uniforms.
(3) A comparison of the out-of-pocket cost for purchase and
maintenance of service and service dress uniforms over one,
five, 10, and 20-year periods.
(4) A description of service dress uniform changes directed
by any of the Armed Forces over the past 10 years that have
affected the out-of-pocket costs to members of the Armed
Forces and the costs associated with such change, by gender.
(5) Any other information that the Comptroller General
determines appropriate.
(c) Briefing and Report.--
(1) Briefing.--Not later than April 15, 2020, the
Comptroller General shall provide to the congressional
defense committees a briefing on the preliminary findings of
the study required under this section.
(2) Report.--Not later than September 30, 2020, the
Comptroller General shall submit to the congressional defense
committees a final report on the findings of such study.
Amendment No. 82 Offered by Ms. Brownley of California
Page 107, after line 9, insert the following:
(6) An updated description of real property asset military
construction needs at MRTFBs compared to those reported by
the Department of Defense in response to House Report 114-
102, to accompany H.R. 1735, the National Defense
Authorization Act of Fiscal Year 2016.
(7) An assessment of the Department of Defense Test and
Resource Management Center's ability to support testing for
future warfare needs at MRTFBs, including those identified in
the Department of Defense 2018 National Defense Strategy.
Page 107, line 10, strike ``(6)'' and insert ``(8)''.
Amendment No. 83 Offered by Ms. Brownley of California
At the end of subtitle G of title X, add the following:
SEC. 1075. SENSE OF CONGRESS REGARDING MODULAR AIRBORNE FIRE
FIGHTING SYSTEM; REPORT.
(a) Findings.--Congress makes the following findings:
(1) Congress established the Modular Airborne Fire Fighting
System (in this section referred to as ``MAFFS'') after
civilian fire fighting tanker fleets were overwhelmed by the
1970 Laguna Fire that killed eight individuals and destroyed
382 homes.
(2) Air National Guard C-130 aircraft equipped with the
MAFFS provide emergency capability to supplement existing
commercial tanker support on wildland fires.
(3) A MAFFS II unit can discharge its load of 3,000 gallons
of flame retardant in less than five seconds, covering an
area one-quarter of a mile long and 60 feet wide.
(4) Air National Guard and Air Force Reserve units equipped
with MAFFS II have provided critical support in fire fighting
response efforts in recent years, including the Camp and
Woolsey Fires in November 2018.
(5) The National Guard Bureau is currently developing a
replacement system to the current, aging fleet of MAFFS II
systems.
(6) The current MAFFS II system requires significant
maintenance and repair, including deteriorating compression
systems, that could reduce MAFFS capability in as soon as two
years.
(b) Sense of Congress.--It is the sense of Congress that--
(1) MAFFS provides a necessary capability to support
national, State, and local fire fighting response efforts;
(2) fire fighting response would be severely affected if
MAFFS II or replacement MAFFS systems were not available,
including reducing the number of sorties and drops planes can
fly during emergencies; and
(3) the Department of Defense should use funding provided
under the National Guard and Reserve Equipment Account to
develop, sustain and maintain continued MAFFS capability,
including IMAFFS systems to replace the current fleet.
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
a report to the congressional defense committees regarding
plans of the Secretary to fund long-term sustainment and
operation and maintenance of MAFFS capabilities, including
plans for the National Guard Bureau to submit program
objective memoranda for funding for lifetime costs to the
Department of Defense to be included in future Department of
Defense Budget Requests, including the feasibility of
establishing a dedicated program-of-record.
Amendment No. 84 Offered by Mr. Burchett of Tennessee
Page 556, line 10, strike ``90 days'' and insert ``30
days''.
Amendment No. 85 Offered by Mrs. Bustos of Illinois
At the end of subtitle C of title V, add the following new
section:
SEC. 530. RECOGNITION AND HONORING OF SERVICE OF INDIVIDUALS
WHO SERVED IN UNITED STATES CADET NURSE CORPS
DURING WORLD WAR II.
(a) Determination of Active Military Service.--
(1) In general.--The Secretary of Defense shall be deemed
to have determined under subparagraph (A) of section
401(a)(1) of the GI Bill Improvement Act of 1977 (Public Law
95-202; 38 U.S.C. 106 note) that the service of the
organization known as the United States Cadet Nurse Corps
during the period beginning on July 1, 1943, and ending on
December 31, 1948, constitutes active military service.
(2) Issuance of discharge.--Not later than one year after
the date of the enactment of this Act, the Secretary shall,
pursuant to subparagraph (B) of such section, issue to each
member of such organization a discharge from service of such
organization under honorable conditions where the nature and
duration of the service of such member so warrants.
[[Page H5562]]
(b) Benefits.--
(1) Status as a veteran.--Except as otherwise provided in
this subsection, an individual who receives a discharge under
subsection (a)(2) for service shall be honored as a veteran
but shall not be entitled by reason of such service to any
benefit under a law administered by the Secretary of Veterans
Affairs.
(2) Burial benefits.--Service for which an individual
receives a discharge under subsection (a)(2) shall be
considered service in the active military, naval, or air
service (as defined in section 101 of title 38, United States
Code) for purposes of eligibility and entitlement to benefits
under chapters 23 and 24 of title 38, United States Code, not
including section 2410 of that title.
(3) Medals or other commendations.--The Secretary of
Defense may design and produce a service medal or other
commendation to honor individuals who receive a discharge
under subsection (a)(2).
Amendment No. 86 Offered by Mrs. Bustos of Illinois
At the end of subtitle E of title V, add the following:
SEC. 550C. 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)''.
Amendment No. 87 Offered by Mr. Carbajal of California
At the end of subtitle B of title XXXI, add the following
new section:
SEC. 3121. INDEPENDENT REVIEW OF PLANS AND CAPABILITIES FOR
NUCLEAR VERIFICATION, DETECTION, AND MONITORING
OF NUCLEAR WEAPONS AND FISSILE MATERIAL.
(a) Plan.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Energy, in
consultation with the Secretary of Defense, shall seek to
enter into a contract with the National Academies of Sciences
to conduct an independent review and assessment of a plan for
nuclear detection and verification and monitoring of nuclear
weapons and fissile material.
(b) Elements.--The review under subsection (a) shall
include the following:
(1) Recommendations for a national research infrastructure
for enhanced nuclear verification, detection, and monitoring,
with respect to policy, operations, and research,
development, testing, and evaluation, including--
(A) an evaluation of current national research enterprise
for such nuclear verification, detection, and monitoring;
(B) a plan for maximizing a national research enterprise to
prevent the proliferation of nuclear weapons and fissile
material;
(C) integration of roles, responsibilities, and planning
for such verification, detection, and monitoring within the
Federal Government; and
(D) a mechanism for the Department of Energy to consult
across the intelligence community when setting the research
agenda to ensure that goals and priorities are aligned.
(2) Recommendations for international engagement for
building cooperation and transparency, including bilateral
and multilateral efforts, to improve inspections, detection,
and monitoring, and to create incentives for cooperation and
transparency.
(3) Recommendations for--
(A) research and development efforts to improve monitoring,
detection, and in-field inspection and analysis capabilities,
including persistent surveillance, remote monitoring, and
rapid analysis of large data sets, including open-source
data; and
(B) measures to coordinate technical and operational
requirements early in the process.
(4) Recommendations for improved coordination between
departments and agencies of the Federal Government and the
military departments, national laboratories, commercial
industry, and academia.
(5) Recommendations for leveraging commercial capability,
such as remote sensing.
(c) Submission and Briefing.--Not later than 270 days after
the date of the enactment of this Act, the Secretary of
Energy shall--
(1) submit to the congressional defense committees a report
containing the review under subsection (a); and
(2) provide to such committees a briefing on such review.
(d) Form.--The review under subsection (a) and the report
under subsection (c) shall be submitted in unclassified form,
but may include a classified annex, consistent with the
protection of intelligence sources and methods.
Amendment No. 88 Offered by Mr. Carbajal of California
At the end of subtitle C of title V, add the following:
SEC. ___. DEVELOPMENT OF GUIDELINES FOR USE OF UNOFFICIAL
SOURCES OF INFORMATION TO DETERMINE ELIGIBILITY
OF MEMBERS AND FORMER MEMBERS OF THE ARMED
FORCES FOR BENEFITS AND DECORATIONS WHEN THE
SERVICE RECORDS ARE INCOMPLETE BECAUSE OF
DAMAGE TO THE OFFICIAL RECORD.
(a) Guidelines Required.--The Secretary of Defense shall
develop guidelines regarding the use by the Secretaries of
the military departments and the Secretary of Veterans
Affairs of unofficial sources of information, including
eyewitness statements, to determine the eligibility of a
member or former member of the Armed Forces for benefits and
decorations when the service records of the member are
incomplete because of damage to the records as a result of
the 1973 fire at the National Personnel Records Center in St.
Louis, Missouri, or any subsequent incident while the records
were in the possession of the Department of Defense.
(b) Consultation.--The Secretary of Defense shall prepare
the guidelines in consultation with the Secretary of Veterans
Affairs, with respect to veterans benefits under title 38,
United States Code, whose eligibility determinations depend
on the use of service records maintained by the Department of
Defense.
(c) Time for Completion.--The Secretary of Defense shall
complete development of the guidelines not later than one
year after the date of the enactment of this Act.
Amendment No. 89 Offered by Mr. Carbajal of California
Page 150, after line 5, insert the following:
SEC. 324. OFFSHORE ENERGY DEVELOPMENT.
(a) Prohibition.--The Secretary of Defense shall not issue
an offshore wind assessment that proposes wind exclusion
areas and may not object to an offshore energy project filed
for review by the Military Aviation and Installation
Assurance Clearinghouse (in this section referred to as the
``Clearinghouse'') until 180 days after submitting the report
required under (b).
(b) Report Required.--The Secretary of Defense, in
coordination with the Secretaries of the military
departments, shall submit a report to the congressional
defense committees on the process that will be used to by the
Clearinghouse to review proposed offshore lease blocks and
proposed offshore energy projects. At minimum, the report
should include the following elements:
(1) The process and metrics used in evaluating proposed
offshore lease blocks or specific offshore energy projects
for compatibility with, or unacceptable risk to, military
operations and readiness.
(2) The process for coordinating with the Department of
Interior on assessing proposed offshore lease blocks and
military operations and readiness activities that occur in
those proposed lease blocks.
(3) The process for working with the proponent of a
proposed energy development to identify and evaluate possible
mitigations to enable energy developments that are compatible
with military operations and readiness.
(4) Any legislative changes to section 183a of title 10,
United States Code, to enable the Clearinghouse to perform
its new role in reviewing proposed offshore lease blocks and
offshore energy projects.
Amendment No. 90 Offered by Mr. Carson of Indiana
Add at the end of subtitle C of title VII the following new
section:
SEC. 7___. STUDY AND REPORT ON MENTAL HEALTH ASSESSMENTS FOR
MEMBERS OF THE ARMED FORCES DEPLOYED IN SUPPORT
OF A CONTINGENCY OPERATION.
(a) Study.--Each Secretary concerned, with respect to the
military department concerned, shall conduct a study on the
mental health assessments provided to members of the Armed
Forces deployed in connection with a contingency operation.
(b) Elements.--The study under subsection (a) shall include
a discussion and evaluation of the following:
(1) The mental health assessments provided under section
1074m of title 10, United States Code, including any written
guidance prescribed by the Secretary of Defense or the
Secretaries concerned with respect to such mental health
assessments.
(2) The extent to which waivers for mental health
assessments are granted by the Secretary of Defense under
subsection (a)(2) and (a)(3) of such section (as amended by
this Act), and the most common reasons why such waivers are
granted.
(3) For each mental health assessment specified in
subsection (a)(1) of such section, the effectiveness of such
assessment with respect to the detection and initiation of
treatment, when appropriate, of members for behavioral health
conditions.
(4) With respect to a mental health assessment provided to
members that is determined by the Secretary concerned under
paragraph (3) to have low effectiveness, the medical evidence
supporting such determination.
(5) The health impacts on members provided mental health
assessments under such
[[Page H5563]]
section, including the extent to which such members--
(A) are prescribed medication as a result of an assessment;
(B) seek post-deployment treatment, other than treatment
required under such section, for a behavioral health
condition; and
(C) commit suicide or engage in other harmful activities.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, each Secretary concerned shall submit
to the congressional defense committees a report containing
the results of the study conducted under subsection (a).
(d) Secretary Concerned.--In this section, the term
``Secretary concerned'' has the meaning given that term in
section 101(a)(9) of title 10, United States Code.
Amendment No. 91 Offered by Mr. Carson of Indiana
Page 351, line 20, strike ``prevent'' and insert
``prohibit''.
Amendment No. 92 Offered by Mr. Carter of Texas
At the end of subtitle B of title III, insert the
following:
SEC. 3__. 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''.
Amendment No. 93 Offered by Mr. Carter of Texas
At the end of subtitle B of title III, insert the
following:
SEC. 3__. DISPOSAL OF RECYCLABLE MATERIALS.
Section 2577(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(3) In this section, the term `recyclable materials'
includes any quality recyclable material provided to the
Department by a State or local government entity.''.
The Acting CHAIR. Pursuant to House Resolution 476, the gentleman
from Washington (Mr. Smith) and the gentleman from Texas (Mr.
Thornberry) each will control 10 minutes.
The Chair recognizes the gentleman from Washington.
Mr. SMITH of Washington. Madam Chair, I don't have any speakers, and
I reserve the balance of my time.
Mr. THORNBERRY. Madam Chair, I have no speakers, and I yield back the
balance of my time.
Mr. SMITH of Washington. Madam Chair, I ask for a ``yes'' vote on the
en bloc package, and I yield back the balance of my time.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentleman from Washington (Mr. Smith).
The en bloc amendments were agreed to.
Amendments En Bloc No. 3 Offered by Mr. Smith of Washington
Mr. SMITH of Washington. Madam Chair, pursuant to House Resolution
476, I offer amendments en bloc.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 3 consisting of amendment Nos. 94, 95, 96, 97,
98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111,
112, 113, 114, 115, 116, and 117, printed in part B of House Report
116-143, offered by Mr. Smith of Washington:
Amendment No. 94 Offered by Mr. Case of Hawaii
At the end of subtitle C of title XXVIII, add the following
new section:
SEC. 28__. REPORT ON ENCROACHMENT CHALLENGES ON MILITARY
INSTALLATIONS POSED BY NON-MILITARY AIRCRAFT.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Assistant Secretary of
Defense for Sustainment shall submit to the congressional
defense committees a report describing--
(1) the encroachment challenges and security risks posed by
non-military aircraft overflying military installations
inside the United States, to include operational impacts,
installation and personnel security, and intelligence
concerns, and
(2) practicable strategies and recommendations for
mitigation of any such challenges and risks, to include--
(A) increased military regulatory authority; and
(B) distinctions, if any, among government/first responder,
commercial, civil and recreational aviation.
(b) Exclusion of Drone Aircraft.--In this section, the term
``aircraft'' does not include unmanned aerial vehicles known
as drones, whether used for military or non-military
purposes, except that the Assistant Secretary of Defense for
Sustainment may make reference in the report required by
subsection (a) to the use of such unmanned aerial vehicles if
the Secretary considers reference to such use relevant to the
subject of the report.
Amendment No. 95 Offered by Mr. Case of Hawaii
At the end of subtitle E of title XII, add the following:
SEC. _. REPORT ON EXPANSION OF SECURITY COOPERATION AND
ASSISTANCE TO PACIFIC ISLAND COUNTRIES.
(a) In General.--Not later than March 31, 2020, the
Secretary of Defense and the Secretary of State shall jointly
submit to the appropriate congressional committees a report
on the current status of security cooperation and assistance
with Pacific Island countries and the feasibility of
expanding such cooperation and assistance. At a minimum, the
report shall include the following foreign countries:
(1) Papua New Guinea.
(2) Vanuatu.
(3) The Solomon Islands.
(4) Fiji.
(5) The Federated States of Micronesia.
(6) Palau.
(7) Kiribati.
(8) The Marshall Islands.
(9) Nauru.
(10) Tonga.
(b) Matters to Be Included.--The report required by
subsection (a) should include the following:
(1) An identification of elements of the theater campaign
plan of the geographic combatant command concerned and the
interagency integrated country strategy that will be advanced
by expansion of security cooperation and assistance programs
and activities with countries identified in subsection (a).
(2) An assessment of each country's capabilities, a
description of each country's capability enhancement
priorities, and a discussion of United States security
cooperation and assistance authorities (to include the Indo-
Pacific Maritime Security Initiative under section 333 of
title 10, United States Code, International Military
Education and Training, Foreign Military Financing,
International Narcotics Control and Law Enforcement, and the
transfer of excess defense articles) and how such authorities
may be utilized to enhance the priority capabilities of each
such country.
(3) A description of absorption capacity and sustainability
issues for each foreign country and a plan to resolve such
issues.
(4) An identification of the estimated annual cost for such
assistance and training for fiscal year 2020 through fiscal
year 2025.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations and the Subcommittee
on State, Foreign Operations, and Related Programs of the
Committee on Appropriations of the Senate; and
(3) the Committee on Foreign Affairs and the Subcommittee
on State, Foreign Operations, and Related Programs of the
Committee on Appropriations of the House of Representatives.
Amendment No. 96 Offered by Mr. Case of Hawaii
At the end of subtitle E of title XII, add the following:
SEC. _. 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.
Amendment No. 97 Offered by Ms. Judy Chu of California
At the end of subtitle G of title XII, add the following:
SEC. _. SENSE OF CONGRESS ON STABILITY OF THE CAUCASUS REGION
AND THE CONTINUATION OF THE NAGORNO KARABAKH
CEASE-FIRE.
It is the sense of Congress that United States interests in
the stability of the Caucasus region and the continuation of
the Nagorno Karabakh cease-fire will be advanced by an
agreement among regional stakeholders on--
(1) the non-deployment of snipers, heavy arms, and new
weaponry along the line-of-contact;
(2) the deployment of gun-fire locator systems on the line-
of-contact; and
(3) an increase in the number of Organization for Security
and Co-operation in Europe observers along the line-of-
contact.
[[Page H5564]]
amendment no. 98 offered by mr. cicilline of rhode island
At the end of subtitle C of title III, insert the
following:
SEC. 3__. REPORT ON EFFECTS OF INCREASED AUTOMATION OF
DEFENSE INDUSTRIAL BASE ON MANUFACTURING
WORKFORCE.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report on the effects of the increased automation of the
defense industrial base over the ten-year period beginning on
the date that is 30 days after the date of the enactment of
this Act. Such report shall include, for the period covered
by the report--
(1) an estimate of the number of jobs in the United States
manufacturing workforce expected to be eliminated due to
automation in the defense sector;
(2) an analysis describing any new types of jobs that are
expected to be established as a result of an increasingly
automated process, including an estimate of the number of
these types of jobs that are expected to be created;
(3) an analysis of the potential threats to the national
security of the United States that are unique to the
automation of the defense industry;
(4) a strategy to assist in providing workforce training
and transition preparation for workers who may lose
manufacturing jobs in the defense industry due to automation;
(5) a description of any training necessary for workers
affected by automation to more easily transition to new types
of jobs within the defense manufacturing industry; and
(6) any actions taken, or planned to be taken, by the
Department of Defense to assist in worker transition.
Amendment No. 99 Offered by Mr. Cicilline of Rhode Island
At the end of subtitle E of title V, add the following:
SEC. 550C. TO RESOLVE CONTROVERSIES UNDER SERVICEMEMBERS
CIVIL RELIEF ACT.
(a) In General.--Section 102 of the Servicemembers Civil
Relief Act (50 U.S.C. App. 512) is amended by adding at the
end the following new subsection:
``(d) Written Consent Required for Arbitration.--
Notwithstanding any other provision of law, whenever a
contract with a servicemember, or a servicemember and the
servicemember's spouse jointly, provides for the use of
arbitration to resolve a controversy subject to a provision
of this Act and arising out of or relating to such contract,
arbitration may be used to settle such controversy only if,
after such controversy arises, all parties to such
controversy consent in writing to use arbitration to settle
such controversy.''.
(b) Applicability.--Subsection (d) of such section, as
added by subsection (a), shall apply with respect to
contracts entered into, amended, altered, modified, renewed,
or extended after the date of the enactment of this Act.
SEC. 550D. LIMITATION ON WAIVER OF RIGHTS AND PROTECTIONS
UNDER SERVICEMEMBERS CIVIL RELIEF ACT.
(a) In General.--Section 107(a) of the Servicemembers Civil
Relief Act (50 U.S.C. App. 517(a)) is amended--
(1) in the second sentence, by inserting ``and if it is
made after a specific dispute has arisen and the dispute is
identified in the waiver'' after ``to which it applies''; and
(2) in the third sentence, by inserting ``and if it is made
after a specific dispute has arisen and the dispute is
identified in the waiver'' after ``period of military
service''.
(b) Applicability.--The amendment made by subsection (a)
shall apply with respect to waivers made on or after the date
of the enactment of this Act.
SEC. 550E. PRESERVATION OF RIGHT TO BRING CLASS ACTION UNDER
SERVICEMEMBERS CIVIL RELIEF ACT.
(a) In General.--Section 802(a) of the Servicemembers Civil
Relief Act (50 U.S.C. App. 597a(a)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) be a representative party on behalf of members of a
class or be a member of a class, in accordance with the
Federal Rules of Civil Procedure, notwithstanding any
previous agreement to the contrary.''.
(b) Construction.--The amendments made by subsection (a)
shall not be construed to imply that a person aggrieved by a
violation of such Act did not have a right to bring a civil
action as a representative party on behalf of members of a
class or be a member of a class in a civil action before the
date of the enactment of this Act.
Amendment No. 100 Offered by Mr. Cisneros of California
At the end of subtitle C of title II add the following new
section:
SEC. 2__. INCREASE IN FUNDING FOR NAVAL UNIVERSITY RESEARCH
INITIATIVES.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding
table in section 4201 for research, development, test, and
evaluation, Navy, basic research, University Research
Initiatives, Line 001 (PE 0601103N) is hereby increased by
$5,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance, as
specified in the corresponding funding table in section 4301,
for operation and maintenance, Defense-wide, operating
forces, Special Operations Command Theater Forces, line 100
is hereby reduced by $5,000,000.
Amendment No. 101 Offered by Ms. Clark of Massachusetts
At the end of title XI, add the following:
SEC. 1113. DESIGNATING CERTAIN FEHBP AND FEGLI SERVICES
PROVIDED BY FEDERAL EMPLOYEES AS EXCEPTED
SERVICES UNDER THE ANTI-DEFICIENCY ACT.
(a) FEHBP.--Section 8905 of title 5, United States Code, is
amended by adding at the end the following:
``(i) Any services by an officer or employee under this
chapter relating to enrolling individuals in a health
benefits plan under this chapter, or changing the enrollment
of an individual already so enrolled, shall be deemed, for
purposes of section 1342 of title 31, services for
emergencies involving the safety of human life or the
protection of property.''.
(b) FEGLI.--Section 8702 of title 5, United States Code, is
amended by adding at the end the following:
``(d) Any services by an officer or employee under this
chapter relating to benefits under this chapter shall be
deemed, for purposes of section 1342 of title 31, services
for emergencies involving the safety of human life or the
protection of property.''.
(c) Regulations.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Office of Personnel Management
shall prescribe regulations to carry out the amendments made
by subsections (a) and (b).
(2) Pay status for furloughed employees.--The regulations
prescribed under paragraph (1) for the amendments made by
subsection (a) shall provide that an employee furloughed as
result of a lapse in appropriations shall, during such lapse,
be deemed to be in a pay status for purposes of enrolling or
changing the enrollment (as the case may be) of that employee
under chapter 89 of title 5, United States Code.
(d) Application.--The amendments made by subsection (a) and
(b) shall apply to any lapse in appropriations beginning on
or after the date of enactment of this Act.
SEC. 1114. CONTINUING SUPPLEMENTAL DENTAL AND VISION BENEFITS
AND LONG-TERM CARE INSURANCE COVERAGE DURING A
GOVERNMENT SHUTDOWN.
(a) In General.--Title 5, United States Code, is amended--
(1) in section 8956, by adding at the end the following:
``(d) Coverage under a dental benefits plan under this
chapter for any employee or a covered TRICARE-eligible
individual enrolled in such a plan and who, as a result of a
lapse in appropriations, is furloughed or excepted from
furlough and working without pay shall continue during such
lapse and may not be cancelled as a result of nonpayment of
premiums or other periodic charges due to such lapse.'';
(2) in section 8986, by adding at the end the following:
``(d) Coverage under a vision benefits plan under this
chapter for any employee or a covered TRICARE-eligible
individual enrolled in such a plan and who, as a result of a
lapse in appropriations, is furloughed or excepted from
furlough and working without pay shall continue during such
lapse and may not be cancelled as a result of nonpayment of
premiums or other periodic charges due to such lapse.''; and
(3) in section 9003, by adding at the end the following:
``(e) Effect of Government Shutdown.--Coverage under a
master contract under this chapter for long-term care
insurance for an employee or member of the uniformed services
enrolled under such contract and who, due to a lapse in
appropriations, is furloughed or excepted from furlough and
working without pay shall continue during such lapse and may
not be cancelled as a result of nonpayment of premiums or
other periodic charges due to such lapse.''.
(b) Regulations.--
(1) In general.--Consistent with paragraph (2), the
Director of the Office of Personnel Management shall
prescribe regulations under which premiums for supplemental
dental, supplemental vision, or long-term care insurance
under chapter 89A, 89B, or 90 (respectively) of title 5,
United States Code, (as amended by subsection (a)) that are
unpaid by an employee, a covered TRICARE-eligible individual,
or a member of the uniformed services (as the case may be),
as a result of that employee, covered TRICARE-eligible
individual, or member being furloughed or excepted from
furlough and working without pay as a result of a lapse in
appropriations, are paid to the applicable carrier from back
pay made available to the employee or member as soon as
practicable upon the end of such lapse.
(2) Long-term care premiums from source other than
backpay.--The regulations promulgated under paragraph (1) for
the amendments made by subsection (a)(3) may provide, with
respect to any individual who elected under section 9004(d)
of title 5, United States Code, to pay premiums directly to
the carrier, that such individual
[[Page H5565]]
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.
Amendment No. 102 Offered by Mr. Clyburn of South Carolina
Page 197, after line 11, insert the following:
SEC. __. JUNIOR RESERVE OFFICERS' TRAINING CORPS THRESHOLD.
Section 2031(b)(1) of title 10, United States Code, is
amended by striking ``8th grade'' each place it appears and
inserting ``7th grade''.
Amendment No. 103 Offered by Mr. Cohen of Tennessee
At the end of subtitle D of title I, add the following new
section:
SEC. 134. REQUIREMENT TO SEEK COMPENSATION FOR FAILURE TO
DELIVER NON-READY-FOR-ISSUE SPARE PARTS FOR THE
F-35 AIRCRAFT PROGRAM.
The Secretary of Defense shall take such action as
necessary to seek compensation from the contractor for costs
related to the failure to deliver non-Ready-For-Issue spare
parts for the F-35 aircraft program as described in described
in the report titled ``Audit of F-35 Ready-For-Issue Spare
Parts and Sustainment Performance Incentive Fees'' (DODIG-
2019-094) issued by the Department of Defense Inspector
General on June 13, 2019.
Amendment No. 104 Offered by Mr. Cohen of Tennessee
At the end of subtitle G of title VIII, add the following
new section:
SEC. 898. REPORT ON COST GROWTH OF MAJOR DEFENSE ACQUISITIONS
PROGRAMS.
The Comptroller General shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a report analyzing
cost growth of major defense acquisition programs (as defined
in section 2430 of title 10, United States Code) during the
15 fiscal years preceding the date of the enactment of this
Act.
Amendment No. 105 Offered by Mr. Connolly of Virginia
At the end of title XI, add the following:
SEC. 11__. INTERIM STAY AUTHORITY TO PROTECT WHISTLEBLOWERS.
(a) Temporary Authority for MSPB General Counsel to Issue
Stays of Personnel Actions.--During the period beginning on
the date of the enactment of this Act and ending on the first
date after such date of enactment that an individual is
confirmed by the Senate as a member of the Merit Systems
Protection Board under section 1201 of title 5, United States
Code, the general counsel of the Board shall carry out the
functions and authorities relating to stays of personnel
actions provided to a member of the Board under subparagraph
(A), or to the Board under subparagraph (B), (C), or (D), of
section 1214(b)(1) of such title.
(b) Authority for MSPB Member to Carry Out Duties of the
Board in the Event of a Lack of Quorum.--Section 1214(b)(1)
of title 5, United States Code, is amended--
(1) in subparagraph (C), by inserting after ``The Board''
the following: ``, or, if the Board lacks the number of
members appointed under section 1201 required to constitute a
quorum, any remaining member of the Board,''; and
(2) in subparagraph (D), in the matter preceding clause
(i), by striking ``A stay may be terminated by the Board at
any time, except that a stay may not be terminated by the
Board'' and inserting the following: ``A stay may be
terminated by the Board, or, if the Board lacks the number of
members appointed under section 1201 required to constitute a
quorum, any remaining member of the Board, at any time,
except that a stay may not be terminated by the Board or any
remaining member of the Board (as the case may be)''.
Amendment No. 106 Offered by Mr. Connolly of Virginia
Page 179, line 3, insert ``(a) In General.--'' before
``The''.
Page 179, after line 13, insert the following:
(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.
Amendment No. 107 Offered by Mr. Connolly of Virginia
At the end of subtitle A of title XII, add the following:
SEC. _. REPORT ON PARTICIPANTS IN SECURITY COOPERATION
TRAINING PROGRAMS AND RECIPIENTS OF SECURITY
ASSISTANCE TRAINING THAT HAVE BEEN DESIGNATED
FOR HUMAN RIGHTS ABUSES OR TERRORIST
ACTIVITIES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State and the
Secretary of Defense, in consultation with the heads of other
appropriate Federal departments and agencies, shall submit to
the appropriate congressional committees a report on
individuals and units of security forces of foreign countries
that--
(1) have participated in security cooperation training
programs or received security assistance training authorized
under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.) or title 10, United States Code; and
(2) at any time during the period beginning on January 1,
2009, and ending on the date of the enactment of this Act--
(A) have been subject to United States sanctions relating
to violations of human rights under any provision of law,
including under--
(i) the Global Magnitsky Human Rights Accountability Act
(22 U.S.C. 2656 note);
(ii) section 620M of the Foreign Assistance Act of 1961 (22
U.S.C. 2378d); or
(iii) section 362 of title 10, United States Code; or
(B) have been subject to United States sanctions relating
to terrorist activities under authorities provided in--
(i) section 219 of the Immigration and Nationality Act (8
U.S.C. 1189);
(ii) the National Emergencies Act (50 U.S.C. 1601 et seq.);
(iii) the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.), other than sanctions on the importation
of goods provided for under such Act; or
(iv) any other provision of law.
(b) Update.--The Secretary of State and the Secretary of
Defense, in consultation with the heads of other appropriate
Federal departments and agencies, shall submit to the
appropriate congressional committees an annual update of the
report required by subsection (a) on individuals and units of
security forces of foreign countries that--
(1) have participated in security cooperation training
programs or received security assistance training authorized
under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.) or title 10, United States Code; and
(2) at any time during the preceding year, any of the
provisions of subparagraph (A) or (B) of subsection (a)(2)
have applied with respect to such individuals or units.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
(2) Good.--The term ``good'' means any article, natural or
man-made substance, material, supply or manufactured product,
including inspection and test equipment, and excluding
technical data.
amendment no. 108 offered by mr. connolly of virginia
At the end of subtitle F of title XII, add the following:
SEC. _. EUROPEAN CENTER OF EXCELLENCE FOR COUNTERING HYBRID
THREATS.
(a) In General.--Of the amounts authorized to be
appropriated by this Act, the Secretary of Defense shall
provide $2,000,000 for the European Center of Excellence for
Countering Hybrid Threats (in this section referred to as the
``Center'') to--
(1) enhance the ability of military forces and civilian
personnel of countries participating in the Center to engage
in joint hybrid warfare exercises or coalition or
international military operations; and
(2) improve interoperability between the armed forces and
the military forces of friendly foreign countries in the area
of hybrid warfare.
(b) Certification.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense
shall--
(1) certify to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives that the Secretary of Defense has assigned
executive agent responsibilities for the Center to an
appropriate organization within the Department of Defense;
and
(2) detail the steps being undertaken to strengthen the
role of the Center in fostering hybrid warfare defense
capabilities and coordination within NATO and the European
Union.
(c) Funding.--
(1) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance,
Defense-wide, as specified in the corresponding funding table
in section 4301, for Office of the Secretary of Defense, is
hereby increased by $2,000,000.
(2) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding
table in section 4201, for Advanced Innovative Technology, is
hereby reduced by $2,000,000.
amendment no. 109 offered by mr. connolly of virginia
At the end of subtitle G of title X, insert the following:
[[Page H5566]]
SEC. 10__. REPORT ON BACKLOG OF PERSONNEL SECURITY CLEARANCE
ADJUDICATIONS.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, and quarterly thereafter for five
years, the Suitability Executive Agent, shall submit to
Congress a report on the backlog of personnel security
clearance adjudications. Such report shall include--
(1) the size of the backlog of personnel security clearance
adjudications, by agency, for the fiscal quarter preceding
the quarter during which the report is submitted;
(2) the average length of time, for each security clearance
sensitivity level, to carry out an initial adjudication and
an adjudication following a periodic reinvestigation, by
agency;
(3) the number of cases referred to the Consolidated
Adjudication Facility of the Department of Defense;
(4) the number of cases adjudicated by the Consolidated
Adjudication Facility of the Department of Defense compared
to the number of cases deferred to continuous evaluation or
vetting;
(5) the number of adjudicators by agency; and
(6) a backlog mitigation plan, which shall include--
(A) the identification of the cause of, and recommendations
to remedy, the adjudication backlog at Federal agencies; and
(B) the steps the Suitability Executive Agency shall take
to reduce the adjudication backlog.
(b) Public Availability.--The report required under
subsection (a) shall be made publicly available.
amendment no. 110 offered by mr. cooper of tennessee
Add at the end of subtitle H of title X the following new
section:
SEC. 10__. REPORTS ON REDUCING THE BACKLOG IN LEGALLY
REQUIRED HISTORICAL DECLASSIFICATION
OBLIGATIONS.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense, the
Secretary of State, and the Director of the Central
Intelligence Agency shall each submit to the appropriate
congressional committees a report detailing progress made by
the Secretary or the Director, as the case may be, toward
reducing the backlog in legally required historical
declassification obligations.
(b) Elements.--Each report under subsection (a) shall
include the following:
(1) A plan to achieve legally mandated historical
declassification requirements and reduce backlogs.
(2) A plan to incorporate new technologies, such as
artificial intelligence, that would increase productivity and
reduce cost in implementing the plan under paragraph (1).
(3) A detailed assessment of the documents released in each
of the proceeding three years before the date of the report,
broken out by program, such as the 25 and 50 year programs.
(4) A detailed assessment of the documents awaiting review
for release and an estimate of how many documents will be
released in each of the next three years.
(5) Potential policy, resource, and other options available
to the Secretary or the Director, as the case may be, to
reduce backlogs.
(6) The progress and objectives of the Secretary or the
Director, as the case may be, with respect to the release of
documents for publication in the Foreign Relations of the
United States series or to facilitate the public
accessibility of such documents at the National Archives or
presidential libraries, or both.
(c) Form and Availability.--Each report under subsection
(a) shall be submitted in unclassified form, which shall be
made publicly available, but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees;
(2) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(3) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
amendment no. 111 offered by mr. correa of california
At the end of subtitle D of title XII, add the following
new section:
SEC. 12_. ANNUAL REPORT ON CYBER ATTACKS AND INTRUSIONS
AGAINST THE DEPARTMENT OF DEFENSE BY CERTAIN
FOREIGN ENTITIES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and each fiscal year thereafter
through fiscal year 2023, the Secretary of Defense shall
submit to the congressional defense committees a report on
cyber attacks and intrusions in the previous 12 months by
agents or associates of the Governments of the Russian
Federation, the People's Republic of China, the Islamic
Republic of Iran, and the Democratic People's Republic of
Korea against or into--
(1) the information systems (as such term is defined in
section 3502 of title 44, United States Code) of--
(A) the Department of Defense; and
(B) any contractor of the Department of Defense that works
on sensitive United States military technology; and
(2) the personal communications of the personnel of the
Department of Defense.
(b) Form.--The report required by subsection (a) shall be
submitted in classified form.
Amendment No. 112 Offered by Mr. Correa of California
Page 133, after line 23, insert the following:
(K) The effectiveness of the Department of Defense in
attracting and retaining students specializing in STEM from
covered institutions for the Department's programs on
emerging capabilities and technologies.
Page 134, line 1, strike ``(K)'' and insert ``(L)''.
Amendment No. 113 Offered by Mr. Courtney of Connecticut
At the end of subtitle D of title XVI, add the following
new section:
SEC. 1651. REPORT ON NUCLEAR FORCES OF THE UNITED STATES AND
NEAR-PEER COUNTRIES.
(a) Report.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense, in
coordination with the Director of National Intelligence,
shall submit to the congressional defense committees a report
on the nuclear forces of the United States and near-peer
countries.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) An assessment of the current and planned nuclear
systems of the United States, including with respect to
research and development timelines, deployment timelines, and
force size.
(2) An assessment of the current and planned nuclear
systems of Russia and China, including with respect to
research and development timelines, deployment timelines, and
force size.
(3) A comparison of the current and projected nuclear
systems specified in paragraphs (1) and (2) through 2040.
(c) Form.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
Amendment No. 114 Offered by Mr. Courtney of Connecticut
Page 232, line 12, strike ``or the United States Air Force
Academy'' and insert ``, the United States Air Force Academy,
or the United States Coast Guard Academy''.
Amendment No. 115 Offered by Ms. Craig of Minnesota
At the end of subtitle A of title III, insert the
following:
SEC. 3__. FUNDING FOR ARMY COMMUNITY SERVICES.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance for
Army base operations support, line 100, as specified in the
corresponding funding table in section 4301, for Army
Community Services is hereby increased by $30,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance,
for Army Force Readiness Operations Support, line 070, as
specified in the corresponding funding table in section 4301,
is hereby reduced by $15,000,000.
(c) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance,
for Army Land Forces Operations Support, as specified in the
corresponding funding table in section 4301, line 050, is
hereby reduced by $15,000,000.
Amendment No. 116 Offered by Mr. Crenshaw of Texas
Page 197, after line 11, add the following new section:
SEC. ___. INCLUSION OF HOMESCHOOLED STUDENTS IN JUNIOR
RESERVE OFFICER'S TRAINING CORPS UNITS.
Section 2031 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(g)(1) Each public secondary educational institution that
maintains a unit under this section shall permit membership
in the unit to homeschooled students residing in the area
served by the institution who are qualified for membership in
the unit (but for lack of enrollment in the institution).
``(2) A student who is a member of a unit pursuant to this
subsection shall count toward the satisfaction by the
institution concerned of the requirement in subsection (b)(1)
relating to the minimum number of student members in the unit
necessary for the continuing maintenance of the unit.''.
Amendment No. 117 Offered by Mr. Crenshaw of Texas
At the end of subtitle I of title V, insert the following:
SEC. 5__. AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO
ALWYN CASHE FOR ACTS OF VALOR DURING OPERATION
IRAQI FREEDOM.
(a) Waiver of Time Limitations.--Notwithstanding the time
limitations specified in section 7271 of title 10, United
States Code, or any other time limitation with respect to the
awarding of certain medals to persons who served in the Armed
Forces, the President may award the Medal of Honor under
section 7271 of such title to Alwyn C. Cashe for the acts of
valor during Operation Iraqi Freedom described in subsection
(b).
(b) Acts of Valor Described.--The acts of valor referred to
in subsection (a) are the actions of Alwyn Cashe on October
17, 2005, in
[[Page H5567]]
Samarra, Iraq, during Operation Iraqi Freedom, when, as a
Sergeant First Class in Company A, 1st Battalion, 15th
Infantry Regiment, 3rd Infantry Division, with no regard to
his own safety or wellbeing, he repeatedly entered a burning
Bradley Fighting Vehicle after it struck an improvised
explosive device. While receiving small arms fire, he made
his first evacuation of his Soldiers. On his second
evacuation of Soldiers, his own fuel-soaked uniform caught on
fire, yet he returned to the burning Bradley Fighting Vehicle
for a third evacuation. Cashe, injured the worst of all
involved, with second- and third- degree burns over 72
percent of his body, still led recovery efforts and refused
medical evacuation until his men were evacuated to safety and
treatment. Cashe's actions saved the lives of six of his
Soldiers. Sergeant First Class Alwyn Cashe succumbed from his
wounds on November 8, 2005 at Brooks Army Medical Center,
Fort Sam Houston, San Antonio, Texas. He was posthumously
awarded the Silver Star for his heroism.
The Acting CHAIR. Pursuant to House Resolution 476, the gentleman
from Washington (Mr. Smith) and the gentleman from Texas (Mr.
Thornberry) each will control 10 minutes.
The Chair recognizes the gentleman from Washington.
Mr. SMITH of Washington. Madam Chair, I don't have any speakers. We
have been doing so many votes on the House floor that it appears we
have worn down the Members of Congress. We don't have as many people
over here to speak as we normally do on our en bloc packages.
Madam Chair, I urge a ``yes'' vote on the en bloc package, and I
yield back the balance of my time.
Mr. THORNBERRY. Madam Chair, I yield back the balance of my time.
Mr. CONNOLLY. Madam Chair, the Merit Systems Protection Board is a
small but mighty independent federal agency created by Congress to
protect the merit system principles and to promote an effective federal
workforce free of prohibited personnel practices.
Typically, the Board is led by three presidentially-appointed and
Senate confirmed members. However, the term for the last remaining
Board member expired on March 1, 2018. That board member already
extended his term in a holdover capacity, but was limited by statute to
one year extension, meaning the Board has been without even a single
Board member since March 2019.
The Office of Special Counsel refers cases to the Board when it
suspects a federal agency has performed an unfair or adverse action
against a federal employee.
The Board can then temporarily table the agency action while
adjudicating the employee's claim.
However, the Board can only table the action or adjudicate it if it
has a quorum--or two members. As the Board currently sits, there are no
confirmed members, and the Board has been without a quorum since
January 7, 2017.
This means that the Board cannot perform any of these actions to
protect federal workers from agency actions that OSC deems suspect.
This Amendment would provide urgent, temporary relief to
whistleblowers while the Board waits for at least one appointee.
My amendment would delegate temporary authority to the Board's
general counsel to stay questionable personnel actions brought by
agencies against whistleblowers. Under this provision, the Board could
still act on egregious cases of suspected retaliation, even without any
board members.
The general counsel's authority would expire when a single Board
member is confirmed by the Senate.
This amendment is absolutely necessary to protect federal workers.
And, needing this amendment was completely avoidable. Whistleblowers
shouldn't be held hostage by the failures of the political system.
This amendment would at a minimum keep the lights on for the Board.
The general counsel would be authorized to prevent an agency from
taking a retaliatory or prohibited personnel action against those who
disclose wrongdoing.
I held a hearing in February of this year to examine the effects on
the Board because of the vacancies of two Board members and the
potential ramifications if the final member left his post in March.
This hearing followed my attempt to save the Board from going without
leadership when the final Board member's term expired.
With Chairman Cummings, I introduced legislation to prevent the Board
from having no members. H.R. 1235, the MSPB Temporary Term Extension
Act, would have provided a one-time, one-year extension to the final
Board member's term. This measure passed the House, but the Senate
refused to take it up.
As a result, in June, I introduced H.R. 2530 to amend Title 5 to give
the general counsel temporary stay authority, which the Committee on
Oversight and Reform voice voted out of Committee.
It is imperative that we preserve the importance and integrity of
this vital Board. Passing this amendment means that the Board will be
able to resume its work protecting whistleblowers more quickly.
There is a lot at stake. The status quo is untenable.
Federal employees deserve to have their appeals heard by the Board,
and employees of the Board deserve to work at a fully functioning
agency.
Whistleblowers help hold leaders accountable, and we owe it to them
to protect them from retaliation.
Addressing this problem should be a bipartisan concern.
I urge my colleagues to join me in supporting this amendment.
Mr. CONNOLLY. Madam Chair, I rise today in support of this en bloc
package of amendments to H.R. 2500, which includes my simple amendment
that would require a report to Congress on those who have received
security training from the United States and subsequently been
sanctioned for human rights violations or terrorist activities.
Security cooperation programs are a critical tool of U.S. foreign
policy, especially as we increasingly rely on partner forces to protect
U.S. national security interests.
It is vital that we both thoroughly vet participants in our security
cooperation programs, and ensure accountability after such training has
been delivered.
If recipients of U.S. security training go on to commit gross
violations of human rights or acts of terrorism, then we need to know
about it.
My amendment would require the Secretaries of State and Defense to
submit to Congress a report on each individual and security force unit
that has received U.S. security training and been designated by the
United States for human rights violations or terrorist activities at
any point during the previous ten years.
This reflection would yield key information helping us to ensure that
U.S. security training programs are aligned with American values and
that we are applying consistent standards regarding human rights.
That is why I urge my colleagues to support my amendment to this bill
and enhance Congress' ability to provide oversight and accountability
of U.S. security cooperation programs.
Mr. CASE. Madam Chair, I rise today in support of my amendment
requesting the Department of Defense to assess the status of security
cooperation and assistance with Pacific Island Countries and the
feasibility of expanding it.
The Department of Defense currently operates a Maritime Security
Initiative in the South China Sea that works to build regional capacity
to address a range of maritime challenges. This effort includes a wide
range of assistance including International Military Education and
Training, Foreign Military Financing, operations combating the
narcotics trade, and the transfer of excess defense articles.
Our nation launched this program, in part, to help check Chinese
influence in the region. China provides its assistance without regard
for America's principles for a free and open Indo-Pacific that has
governed the region since the end of World War II.
Given the rise of Chinese influence in the Pacific Island Countries,
the question we have before us is can this program be replicated to
help the island nations in the Pacific who are seeing a push by China
to expand its influence into Papua New Guinea, Vanuatu, the Solomon
Islands, Fiji, the Federated States of Micronesia, Palau, Kiribati, the
Marshall Islands, Nauru, and Tonga. This Chinese influence threatens
the blood, sweat, and treasure spent by our country during World War II
in an effort to ensure freedom and the rule of law would thrive
throughout the Indo-Pacific.
My amendment takes the first step to see what can be done to protect
these nations who share our values and are under pressure for Chinese
influence. The amendment would direct the Defense Department to assess
the current status of security cooperation and assistance with Pacific
Island Countries and the feasibility of expanding it to advance our
national security objectives in the Indo-Pacific.
I urge support of my amendment to determine how to ensure our
traditional allies in region have the tools and training needed to help
America ensure a free and open Indo-Pacific.
Mr. CASE. Madam Chair, I rise today in support of my amendment
directing our military intelligence agencies to determine the degree of
foreign influence in the Pacific Island Countries and to assess how to
close any intelligence gaps our nation has in the region.
Because my home state of Hawai`i is closer to Asia than Washington
D.C., I have met with many leaders from the Pacific Island Countries,
which includes Papua New Guinea, Vanuatu, the Solomon Islands, Fiji,
the Federated States of Micronesia, Palau, Kiribati, the Marshall
Islands, Nauru, and Tonga.
Time and time again, I have heard stories of troubling Chinese
influence in the region. Efforts to bribe senior government leaders.
[[Page H5568]]
Questionable foreign business investments near U.S. military
installations, and even an effort that might have thrown a
parliamentary government into crisis. We need our intelligence
community to assess what is happening so we can determine how to
respond.
To address these threats, my straightforward amendment only asks for
three things. First, the Defense Department would assess the actions of
foreign militaries in the Pacific Island Countries. Second, the
department would assess any gaps in our intelligence collection
capabilities that may undermine this intelligence assessment, and
third, the Defense Department would determine how to eliminate any gaps
in our intelligence.
With this information, we can fully assess what is happening in the
Pacific Island Countries to and determine how we should respond to
ensure that our partners in the region are not undermined by a foreign
influence that is combating our nation's goal of ensuring a free and
open Indo-Pacific.
Mr. CASE. Madam Chair, I rise today in support of my amendment
directing the Department of Defense to provide a report regarding the
risks posed by non-military aircraft flying over our nation's military
installations.
Not unlike many other states, on the Island of Oahu in my home state
of Hawaii we have multiple military installations situated near a major
international airport and a large airport supporting general aviation.
Although agreements have been made to help control this air traffic,
on a regular basis these agreements are violated. For example, I have
personally seen tour helicopters fly right over sensitive locations
around Pearl Harbor, the home of the U.S. Pacific Fleet and Pacific Air
Forces.
My amendment seeks to achieve two commonsense steps to address the
potential risks from these nonmilitary aircrafts operating near U.S.
military installations. First, the Department of Defense will assess
the encroachment challenges and security risks posed by non-military
aircraft that fly over military installations, to include operational
impacts, installation and personnel security and intelligence concerns.
Second, the department would propose practicable strategies and
recommendations for mitigating any significant risks.
I urge my colleagues to support this amendment so we can start
responding to encroachment and security risks from non-military
aircraft today before waiting until an incident forces us to act
because our nation's security and safety have been compromised.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentleman from Washington (Mr. Smith).
The en bloc amendments were agreed to.
Amendments En Bloc No. 4 Offered by Mr. Smith of Washington
Mr. SMITH of Washington. Madam Chair, pursuant to House Resolution
476, I offer amendments en bloc.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 4 consisting of amendment Nos. 118, 119, 120,
121, 122, 123, 124, 127, 128, 129, 130, 132, 133, 134, 135, 136, 137,
138, 139, 140, 141, 142, 143, 144, 145, and 146, printed in part B of
House Report 116-143, offered by Mr. Smith of Washington:
amendment no. 118 offered by mr. crist of florida
In section 2805(a), add after the period on page 990, line
12, the following: ``To prepare the amendments required by
this subsection, the Secretary of Defense shall take into
account historical data, current conditions, and sea level
rise projections. The Secretary may consult with the heads of
other Federal departments and agencies with expertise
regarding military installation resilience, energy
resilience, energy and climate resiliency, and cyber
resilience.''.
amendment no. 119 offered by mr. cuellar of texas
At the appropriate place in subtitle G of title XII, add
the following new section:
SEC. 12__. WESTERN HEMISPHERE RESOURCE ASSESSMENT.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the President, acting through the
Secretary of Defense, the Secretary of State, and the
Administrator of United States Agency for International Aid,
shall submit to the appropriate congressional committees an
accounting of and an assessment of the sufficiency of
resources available to the United States Southern Command
(SOUTHCOM), United States Northern Command (NORTHCOM),
Department of State, and United States Agency for
International Aid (USAID), to carry out their respective
missions in the Western hemisphere.
(b) Matters to Be Included.--The assessment described in
subsection (a) shall include each of the following:
(1) An accounting and description of the funds available to
SOUTHCOM, NORTHCOM, the Department of State, and USAID.
(2) A list of bilateral and multilateral military training
and exercises with allies and partner countries in the
Western Hemisphere.
(3) A description of the security force activities of the
United States in the Western Hemisphere.
(4) A description of the activities of the Departments of
State and Defense in addressing security challenges in the
Western Hemisphere.
(5) Cyber domain activities of the United States and those
actions in concert with allied and partner countries in the
Western Hemisphere.
(6) A description of the funding for all international
military education and training programs.
(7) An overview of all foreign military sales and foreign
military financing programs with partner countries in the
Western Hemisphere.
(8) A list of investments, programs, or partnerships in the
Western Hemisphere by China, Iran, Russia, or other
adversarial groups or countries that threaten the national
security of the United States.
(9) Recommendations for actions the Department of Defense,
the Department of State, and USAID could take to advance
United States national security interests in the Western
Hemisphere.
(c) Form; Entity.--
(1) Form.--The accounting and assessment required by
subsection (a) shall be submitted in unclassified form but
may include a classified annex.
(2) Entity.--The Secretary of Defense shall provide for the
assessment required by subsection (a) to be performed by an
independent, non-governmental institute described in section
501(c)(3) of the Internal Revenue Code of 1986, and exempt
from tax under section 501(a) of such Code, that has
recognized credentials and expertise in national security and
military affairs.
(d) Appropriate Congressional Committees Defined.--The term
``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.
amendment no. 120 offered by mr. cummings of maryland
At the end of title XI, add the following:
Subtitle B--Limiting Use of Criminal History in Federal Hiring and
Contracting
SECTION 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
[[Page H5569]]
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.--
(1) In general.--Section 604 of title 28, United States
Code, is amended by adding at the end the following:
``(i) Restrictions on Criminal History Inquiries.--
``(1) Definitions.--In this subsection--
``(A) the terms `agency' and `criminal history record
information' have the meanings given those terms in section
9201 of title 5;
``(B) the term `covered employee' means an employee of the
judicial branch of the United States Government, other than--
[[Page H5570]]
``(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.
[[Page H5571]]
``(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.
Amendment No. 121 Offered by Mr. Cummings of Maryland
At the end of subtitle D of title V, add the following new
section:
SEC. 5__. ASSESSMENT OF RACIAL, ETHNIC, AND GENDER
DISPARITIES IN THE MILITARY JUSTICE SYSTEM.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
carry out the activities described in subsection (b) to
improve the ability of the Department of Defense to detect
and address racial, ethnic, and gender disparities in the
military justice system.
(b) Activities Described.--The activities described in this
subsection are the following:
(1) For each court-martial carried out by an Armed Force
after the date of the enactment of this Act, the Secretary of
Defense shall require the head of the Armed Force concerned--
(A) to record the race, ethnicity, and gender of the victim
and the accused, and such other demographic information about
the victim and the accused as the Secretary considers
appropriate;
(B) to include data based on the information described in
subparagraph (A) in the annual military justice reports of
the Armed Force.
(2) The Secretary of Defense, in consultation with the
Secretaries of the military departments and the Secretary of
Homeland Security, shall issue guidance that--
(A) establishes criteria to determine when data indicating
possible racial, ethnic, or gender disparities in the
military justice process should be further reviewed; and
(B) describes how such a review should be conducted.
(3) The Secretary of Defense, in consultation with the
Secretaries of the military departments and the Secretary of
Homeland Security, shall--
(A) conduct an evaluation to identify the causes of any
racial, ethnic, or gender disparities in the military justice
system
(B) take steps to address the causes of such disparities,
as appropriate.
Amendment No. 122 Offered by Mr. Cunningham of South Carolina
At the end of subtitle H of title V, insert the following:
SEC. 580A EXPANSION OF THE MY CAREER ADVANCEMENT ACCOUNT
PROGRAM FOR MILITARY SPOUSES.
(a) Coast Guard.--The spouse of a member of the Coast Guard
may participate in the My Career Advancement Account program
of the Department of Defense.
(b) All Enlisted Grades.--The spouse of an enlisted member
of the Armed Forces may participate in the My Career
Advancement Account program of the Department of Defense.
Amendment No. 123 Offered by Mr. Cunningham of South Carolina
At the end of subtitle B of title VIII, add the following:
SEC. 8__. PREFERENCE FOR OFFERORS EMPLOYING VETERANS.
(a) In General.--Chapter 137 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2339b. Preference for offerors employing veterans
``(a) Preference.--In awarding a contract for the
procurement of goods or services for the Department of
Defense, the head of an agency may establish a preference for
offerors that employ veterans on a full-time basis. The
Secretary of Defense shall determine the criteria for use of
such preference.
``(b) Rule of Construction.--Nothing in this section shall
be construed to supercede any other provision of law
establishing a preference for small business concerns owned
and controlled by veterans or small business concerns owned
and controlled by service-disabled veterans (as defined in
section 3(q) of the Small Business Act (15 U.S.C. 632(q))).
``(c) Congressional Notification.--Prior to establishing
the preference described in subsection (a), the Secretary of
Defense shall provide a briefing to the Committee on Armed
Services of the House of Representatives on--
``(1) a plan for implementing such preference, including--
``(A) penalties for an offeror that willfully and
intentionally misrepresents the veteran status of the
employees of the offeror in a bid submitted under subsection
(a); and
``(B) reporting on use of such preference; and
``(2) the process for assessing and verifying offeror
compliance with regulations relating to equal opportunity for
veterans requirements.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is
[[Page H5572]]
amended by inserting after the item relating to section 2339a
the following new item:
``2339b. Preference for offerors employing veterans.''.
Amendment No. 124 Offered by Mr. Cunningham of South Carolina
At the end of subtitle B of title I, add the following new
section:
SEC. 1__. REPORT ON PLANS TO SUPPORT AND MAINTAIN AIRCRAFT AT
MARINE CORPS AIR STATIONS.
(a) Report Required.--No later than 90 days after the date
of the enactment of this Act, the Secretary of the Navy shall
submit to the congressional defense committees a report on
the plans of the Secretary to support and maintain aircraft
assigned to Marine Corps air stations that are transitioning
from the F-18 Hornet aircraft to the F-35 Lightning aircraft.
(b) Elements.--The report under subsection (a) shall
include--
(1) the number and composition of squadrons assigned to
each air station;
(2) the support and maintenance workforce, including
uniformed military, civilian, and contract personnel; and
(3) the construction of aircraft and support facilities
associated with the beddown of F-35 aircraft at each air
station.
Amendment No. 127 Offered by Mr. Delgado of New York
At the end of subtitle G of title X, add the following new
section:
SEC. 1075. REPORT ON POLICIES RELATING TO SMALL FARMS.
Not later than 90 days after the date of the enactment of
this Act, the Defense Logistics Agency and the Defense
Commissary Agency shall submit to the congressional defense
committees a report on the programs, policies, and practices
of the Defense Logistics Agency and Defense Commissary
Agency, respectively, relating to small farms, farms owned by
new and beginning farmers, and farmers who are veterans or
minorities, including a description of opportunities and
barriers to expanding the use of such programs, policies, or
practices.
Amendment No. 128 Offered by Mr. Delgado of New York
At the end of subtitle C of title II, add the following:
SEC. __. INCREASE IN FUNDING FOR UNIVERSITY AND INDUSTRY
RESEARCH CENTERS.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding
table in section 4201, for research, development, test, and
evaluation, Army, basic research for university and industry
research centers, line 004 (PE 0601104A) is hereby increased
by $5,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance, as
specified in the corresponding funding table in section 4301,
for operation and maintenance, Air Force, operational systems
development, AF integrated personnel and pay system (AF-
IPPS), line 158 (PE 0605018F) is hereby reduced by
$5,000,000.
Amendment No. 129 Offered by Mr. DeSaulnier of California
At the end of subtitle A of title VI, add the following:
SEC. 606. STUDY REGARDING RECOUPMENT OF SEPARATION PAY,
SPECIAL SEPARATION BENEFITS, AND VOLUNTARY
SEPARATION INCENTIVE PAYMENTS FROM MEMBERS OF
THE ARMED FORCES AND VETERANS WHO RECEIVE
DISABILITY COMPENSATION UNDER LAWS ADMINISTERED
BY THE SECRETARY OF VETERANS AFFAIRS.
(a) Study.--The Secretaries of Defense and Veterans Affairs
shall conduct a joint study to determine, with regards to
members of the Armed Forces and veterans whose separation
pay, special separation benefits, and voluntary separation
incentive payments either Secretary recoups because such
members and veterans subsequently receive disability
compensation under laws administered by the Secretary of
Veterans Affairs--
(1) how many such members and veterans are affected by such
recoupment; and
(2) the aggregated amount of additional money such members
and veterans would receive but for such recoupment.
(b) Report Required.--Not later than September 30, 2020,
the Secretaries shall submit to the Committees on Armed
Services and Veterans' Affairs of the Senate and House of
Representatives a report regarding the results of the study
under subsection (a).
Amendment No. 130 Offered by Mr. DeSaulnier of California
At the appropriate place in title X, insert the following:
SEC. 10__. SENSE OF CONGRESS REGARDING THE PORT CHICAGO 50.
It is the sense of Congress that--
(1) the American people should recognize the role of racial
bias in the prosecution and convictions of the Port Chicago
50 following the deadliest home front disaster in World War
II;
(2) the military records of each of the Port Chicago 50
should reflect such exoneration of any and all charges
brought against them in the aftermath of the explosion; and
(3) the Secretary of the Navy should upgrade the general
and summary discharges of each of the Port Chicago 50 sailors
to honorable discharges.
Amendment No. 132 Offered by Mr. Doggett of Texas
Page 927, line 10, strike ``Russia'' and insert ``Russia,
Iran''.
Amendment No. 133 Offered by Mr. Duffy of Wisconsin
At the end of subtitle G of title V, add the following new
section:
SEC. 5__. EXPANSION AND RENAMING OF THE TROOPS-TO-TEACHERS
PROGRAM.
(a) Troops-to-Support-Education Program.--Section 1154 of
title 10, United States Code, is amended--
(1) in the section heading, by striking: ``employment as
teachers: Troops-to-Teachers Program'' and inserting
``employment in schools: Troops-to-Support-Education
Program'';
(2) in subsection (a)--
(A) in paragraph (6), by striking ``Troops-to-Teachers''
and inserting ``Troops-to-Support-Education'';
(B) by redesignating paragraphs (7) and (8) as paragraphs
(9) and (10), respectively;
(C) by inserting after paragraph (6) the following new
paragraphs:
``(7) Qualifying position.--
``(A) Except as provided in subparagraph (B), the term
`qualifying position' means any full-time position in an
eligible school, including a position as:
``(i) a teacher, including an elementary school teacher, a
secondary school teacher, or a career or technical education
teacher;
``(ii) a school resource officer;
``(iii) a school leader;
``(iv) specialized instructional support personnel;
``(v) a paraprofessional; or
``(vi) other staff.
``(B) Such term does not include a position that is--
``(i) performed primarily at a location outside the grounds
of an eligible school; or
``(ii) held by an individual who is employed by a
contractor.
``(8) School resource officer.--The term `school resource
officer' has the meaning given that term in section 1709(4)
of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10389(4)).''; and
(D) by amending paragraph (10), as so redesignated, to read
as follows:
``(10) Additional terms.--The terms `elementary school',
`local educational agency', `other staff',
`paraprofessional', `school leader', `secondary school',
`specialized instructional support personnel', and `State'
have the meanings given those terms in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).'';
(3) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``Troops-to-Teachers'' and inserting ``Troops-to-Support-
Education''; and
(B) in paragraph (1), by striking ``become a teacher'' and
inserting ``obtain a qualifying position'';
(C) in paragraph (2)(A)--
(i) in clause (i), by striking ``or'' at the end;
(ii) in cluase (ii), by striking ``and'' at the end and
inserting ``or''; and
(iii) by adding at the end the following new clause:
``(iii) experiencing a shortage of personnel to fill
qualifying positions; and'';
(4) in subsection (d)(3)--
(A) by redesignating subparagraph (D) as subparagraph (E);
and
(B) by inserting after subparagraph (C) the following new
subparagraph:
``(D) If a member of the armed forces is applying for the
Program to receive assistance for placement in a qualifying
position other than a position as a teacher described in
subparagraph (B) or subparagraph (C), the Secretary shall
require the member to obtain the professional credentials
that are required by the State for the position involved.'';
(5) in subsection (e)--
(A) in paragraph (1)(A)--
(i) in clause (i), by striking ``become a teacher'' and
inserting ``obtain a qualifying position''; and
(ii) in clause (ii), by striking ``as an elementary school
teacher'' and all that follows through the period at the end
and inserting ``in a qualifying position for not less than
three school years in an eligible school to begin the school
year after the member obtains the professional credentials
required for the position involved'';
(B) in paragraph (2)(E), by striking ``as a teacher in an
eligible elementary school or secondary school or as a career
or technical teacher'' and inserting ``in a qualifying
position''; and
(C) in paragraph (3)--
(i) in subparagraph (A), by striking ``educational level,
certification, or licensing'' and inserting ``educational
level, certification, licensing, or other professional
credentials'';
(ii) in subparagraph (B)(i), by striking ``as an elementary
school teacher, secondary school teacher, or career or
technical teacher'' and inserting ``in a qualifying
position''; and
(iii) in subparagraph (C)--
(I) in clause (i), by striking ``5,000'' and inserting
``7500''; and
(II) in clause (ii), by striking ``3,000'' and inserting
``4500'';
[[Page H5573]]
(6) in subsection (f)(1)--
(A) in subparagraph (A)--
(i) by striking ``become a teacher'' and inserting ``obtain
a qualifying position''; and
(ii) by striking ``as an elementary school teacher,
secondary school teacher, or career or technical teacher''
and insert ``in a qualifying position''; and
(B) in subparagraph (B), by striking ``, employment as an
elementary school teacher, secondary school teacher, or
career or technical teacher'' and inserting ``employment in a
qualifying position'';
(7) in subsection (h)(2)(A) by striking ``as elementary
school teachers, secondary school teachers, and career or
technical teachers'' and inserting ``in qualifying
positions'';
(8) in subsection (i), by striking ``$15,000,000'' and
inserting ``$20,000,000''; and
(9) by adding at the end the following new subsection:
``(j) Public-private Partnership.--
``(1) In general.--The Secretary may enter into one or more
partnerships with nonprofit entities, including veterans
service organizations, to assist with the placement of
participants in eligible schools in accordance with this
section.
``(2) Nonprofit entity defined.--In this subsection, the
term `nonprofit entity' means an entity qualifying as an
exempt organization under section 501(c)(3) of the Internal
Revenue Code of 1986.''.
(b) Conforming Amendment and References.--
(1) Table of sections.--The table of sections at the
beginning of chapter 58 of such title is amended by striking
the item relating to section 1154 and inserting the following
new item:
``1154. Assistance to eligible members and former members to obtain
employment in schools: Troops-to-Support-Education
Program.''.
(2) References.--Any reference in Federal law (other than
this Act), regulations, guidance, instructions, or other
documents of the Federal Government to the Troops-to-Teachers
Program shall be deemed to be a reference to the Troops-to-
Support-Education Program.
Amendment No. 134 Offered by Mr. Dunn of Florida
At the end of subtitle G of title X, insert the following:
SEC. 10__. REPORT ON ARTIFICIAL INTELLIGENCE.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with head of the Joint Artificial Intelligence
Center, shall submit to the appropriate congressional
committees a report on the artificial intelligence strategy
of the Department of Defense.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) Analysis of the increasing use of artificial
intelligence technology by the Department of Defense and the
effects of such technology on the Department.
(2) Identification of the data necessary for the Secretary
to properly conduct the analysis under paragraph (1),
including identification of any gaps in the availability of
such data.
(3) The plan of the Secretary to protect systems that use
artificial intelligence from bad actors and any attempts by
individuals to misrepresent or alter information used or
provided by artificial intelligence.
(4) Analysis of the expected benefits of artificial
intelligence for the operation of the Armed Forces over the
period of 20 years following the year in which the report is
submitted.
(5) Analysis of the potential of artificial intelligence to
improve multi-domain operations across the Armed Forces.
(6) Identification of any ethical guidelines applicable to
the use of artificial intelligence by the Department.
(7) The plan of the Secretary to ensure collaboration among
the Department, industry, academia, and national laboratories
on matters relating to the research, development, test, and
evaluation, contracting, acquisition, and onboarding of
artificial intelligence technology.
(c) Collaboration.--In preparing the report under
subsection (a), the Secretary of Defense may collaborate,
through a series of meetings, roundtables, or by other means,
with--
(1) a broad range of industrial stakeholders in the
technology, manufacturing, and service sectors, including
large and small companies, think tanks, and industry
organizations; and
(2) the heads of any other Federal agencies the Secretary
determines to be appropriate.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committees on Armed Services of the Senate and the
House of Representatives;
(2) the Committee on Science, Space, and Technology of the
House of Representatives;
(3) the Committee on Commerce, Science, and Transportation
of the Senate;
(4) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(5) the Select Committee on Intelligence of the Senate.
Amendment No. 135 Offered by Mr. Engel of New York
Add at the of subtitle D of title XII the following:
SEC. 1239. REPORT ON RUSSIAN MILITARY INVOLVEMENT IN THE
AFRICOM AOR.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall provide to
the appropriate congressional committees a report on military
assistance provided by the Russian Federation or any private
military corporations headquartered or registered in Russia
to countries in the U.S. Africa Command (AFRICOM) Area of
Responsibility (AOR).
(b) Matters to Be Included.--The report required by
subsection (a) shall include the following:
(1) A description of all known bilateral agreements between
Russia and African governments negotiated since 2014,
including military and technical cooperation, arms sales, and
mineral exploration.
(2) An analysis of any direct or indirect military support
Russia or private military corporations based in Russia are
providing to non-state armed groups in Africa, including a
description of the types of support.
(3) A description of arms sales within the previous
calendar year by the Russian defense sector to African
countries, and an analysis of whether any of such arms sales
constitute significant transactions within the meaning of
section 231 of the Countering America's Adversaries Through
Sanctions Act of 2017 (22 U.S.C. 9525).
(4) An analysis of the extent to which such arms sales may
be in violation of United Nations Security Council-imposed
arms embargoes in Africa, including with regard to South
Sudan, the Democratic Republic of Congo, and the Central
African Republic.
(5) An analysis of Russian disinformation and propaganda
operations in African countries, and the extent to which such
operations pose a risk to United States interests in Africa.
(6) A plan to counteract destabilizing Russian activities
in Africa.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
Amendment No. 136 Offered by Mr. Engel of New York
Add at the end of subtitle G of title XII the following:
SEC. 1268. STRATEGY TO IMPROVE THE EFFORTS OF THE NIGERIAN
MILITARY TO PREVENT, MITIGATE, AND RESPOND TO
CIVILIAN HARM.
(a) Strategy.--
(1) Report.--Not later than 180 days after the date of the
enactment of this Act, the President shall transmit to the
appropriate congressional committees a report that contains a
plan for assisting the Nigerian military to improve its
efforts to prevent, mitigate, and respond to civilian harm
arising from its military presence and operations.
(2) Updates.-- Not later than one year after the
transmission of the report required under paragraph (1) and
annually thereafter, the President shall provide to the
appropriate congressional committees an update on progress
made with respect to the plan contained in such report.
(b) Matters to Be Included.--The report required by
subsection (a)(1) shall include the following:
(1) Any steps being taken by the United States Government
to ensure that the Nigerian Air Force is able to prevent and
minimize civilian harm in the operation of 12 A-29 Super
Tucano aircraft and associated weapons acquired from the
United States, including training planned or provided on air-
to-ground integration measures specifically intended to
minimize civilian harm.
(2) Whether the training described in paragraph (1) is
provided by United States Government or contract personnel.
(3) An assessment of the effectiveness of such training or
other assistance in preventing civilian casualties from
ground and air operations.
(4) An assessment of efforts by the Government of Nigeria
to improve civilian protection, accountability for human
rights violations, and transparency in the defense
institutions and security sector force, including the status
of any national protection of civilians policies, and a
description of the key United States diplomatic and military
efforts available to promote progress relating to such
matters.
(5) Any other matters the President considers appropriate.
(c) Form.--The report required under subsection (a)(1)
shall be submitted in unclassified form, but may include a
classified annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Relations, the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
[[Page H5574]]
Amendment No. 137 Offered by Mr. Engel of New York
At the end of subtitle A of title XII, add the following:
SEC. _. PLAN TO PROVIDE CONSISTENCY OF ADMINISTRATION OF
AUTHORITIES RELATING TO VETTING OF UNITS OF
SECURITY FORCES OF FOREIGN COUNTRIES;
MODIFICATION OF ASSESSMENT, MONITORING, AND
EVALUATION OF SECURITY COOPERATION PROGRAMS AND
ACTIVITIES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense and
Secretary of State shall jointly develop, implement, and
submit to the congressional defense committees, the Committee
on Foreign Relations of the Senate, and the Committee on
Foreign Affairs of the House of Representatives a plan to
provide consistency in administration of section 362 of title
10, United States Code, and section 620M of the Foreign
Assistance Act of 1961 (22 U.S.C. 2378d).
(b) Matters to Be Included.--The plan required by
subsection (a) shall contain the following:
(1) Common standards and procedures which shall be used by
the Department of Defense and Department of State to obtain
and verify information regarding the vetting of units of the
security forces of foreign countries for gross violation of
human rights under the authorities described in subsection
(a), including--
(A) public guidelines for external sources to report
information; and
(B) methods and criteria employed by the Department of
Defense and Department of State to determine whether sources,
source reporting, and allegations are credible.
(2) Measures to ensure the Department of Defense has read-
only access to the International Vetting and Security
Tracking (INVEST) system, and any successor or equivalent
system.
(3) Measures to ensure the authorities described in
subsection (a) are applied to any foreign forces, irregular
forces, groups, and individuals that receive support from the
United States military.
(c) Form.--The plan required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Integration of Human Rights and Civilian Protection
Into Assessment, Monitoring, and Evaluation of Security
Cooperation Programs and Activities.--
(1) Reports required.--The Secretary of Defense shall
submit to the appropriate congressional committees an interim
report and a final report on the steps the Secretary will
take to incorporate partner units' activities, as such
activities relate to human rights and protection of
civilians, into the program elements described in section
383(b)(1) of title 10, United States Code.
(2) Deadlines.--
(A) Interim report.--The interim report required under
paragraph (1) shall be submitted to the appropriate
congressional committees not later than 180 days after the
date of the enactment of this Act and shall include a summary
of the progress of the Secretary in implementing the steps
described in such paragraph.
(B) Final report.--The final report required under
paragraph (1) shall be submitted to the appropriate
congressional committees not later than one year after the
date of enactment of this Act and shall specifically identify
the actions the Secretary took to implement the steps
described in paragraph (1).
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means the following:
(A) The Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
(B) The Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
Amendment No. 138 Offered by Ms. Escobar of Texas
Page 668, line 24, through page 669, line 2, strike
paragraph (1) and insert the following:
(1) the proposed site for the housing--
(A) will not be used to house any unaccompanied alien
children for longer than the deadlines set forth in paragraph
(12) of the Flores settlement agreement, and complies with
the other requirements of such paragraph (12); or
(B) if the proposed site will be used to house any
unaccompanied alien children for longer than such deadlines,
the proposed site meets the standards for ``licensed
programs'' as defined in the Flores settlement agreement,
including by being licensed by an appropriate State agency to
provide residential, group, or foster care services for
dependent children; and
Amendment No. 139 Offered by Ms. Escobar of Texas
At the end of subtitle G of title VIII, add the following
new section:
SEC. 898. INCLUSION OF OPERATIONAL ENERGY PROJECTS FOR USES
OF ENERGY COST SAVINGS.
Section 2912(b)(1) of title 10, United States Code, is
amended by inserting ``operational energy projects,'' after
``including''.
Amendment No. 140 Offered by Ms. Escobar of Texas
At the end of subtitle B of title III, insert the
following:
SEC. 3__. CLIMATE-CONSCIOUS BUDGETING OF DEPARTMENT OF
DEFENSE.
(a) In General.--The Secretary of Defense shall include in
the annual budget submission of the President under section
1105(a) of title 31, United States Code--
(1) a dedicated budget line item for adaptation to, and
mitigation of, climate-related risks to military networks,
systems, installations, facilities, and other assets and
capabilities of the Department of Defense; and
(2) an estimate of the anticipated adverse impacts to the
readiness of the Department and the financial costs to the
Department during the year covered by the budget of the loss
of, or damage to, military networks, systems, installations,
facilities, and other assets and capabilities of the
Department, including loss of or obstructed access to
training ranges, as a result of climate change.
(b) Disaggregation of Impacts and Costs.--The estimate
under subsection (a)(2) shall set forth the adverse readiness
impacts and financial costs under that subsection by military
department, Defense Agency, and other component or element of
the Department.
Amendment No. 141 Offered by Ms. Finkenauer of Iowa
At the end of subtitle F of title VIII, add the following
new section:
SEC. 882. ASSISTANCE FOR SMALL BUSINESS CONCERNS
PARTICIPATING IN THE SMALL BUSINESS INNOVATION
RESEARCH PROGRAM AND THE SMALL BUSINESS
TECHNOLOGY TRANSFER PROGRAM.
(a) Definition of Senior Procurement Executive.--Section
9(e) of the Small Business Act (15 U.S.C. 638(e)) is
amended--
(1) in paragraph (12)(B), by striking ``and'' at the end;
(2) in paragraph (13)(B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(13) the term `senior procurement executive' means an
official designated under section 1702(c) of title 41, United
States Code, as the senior procurement executive of a Federal
agency participating in a SBIR or STTR program.''.
(b) Inclusion of Senior Procurement Executives in SBIR and
STTR.--
(1) In general.--Section 9(b) of the Small Business Act (15
U.S.C. 638(b)) is amended--
(A) in paragraph (8), by striking ``and'' at the end;
(B) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(10) to coordinate, where appropriate, with the senior
procurement executive of the relevant Federal agency to
assist small business concerns participating in a SBIR or
STTR program with commercializing research developed under
such a program before such small business concern is awarded
a contract from such Federal agency.''.
(2) Technical amendment.--Section 9(b)(3) of the Small
Business Act (15 U.S.C. 638(b)(3)) is amended by striking
``and'' at the end.
(c) Modifications Relating to Procurement Center
Representatives and Other Acquisition Personnel.--
(1) SBIR amendment.--Section 9(j) of the Small Business Act
(15 U.S.C. 638(j)) is amended by adding at the end the
following new paragraph:
``(4) Modifications relating to procurement center
representatives.--Upon the enactment of this paragraph, the
Administrator shall modify the policy directives issued
pursuant to this subsection to require procurement center
representatives (as described in section 15(l)) to assist
small business concerns participating in the SBIR program
with researching solicitations for the award of a Federal
contract (particularly with the Federal agency that has a
funding agreement with the concern) and to provide technical
assistance to such concerns to submit a bid for an award of a
Federal contract. The procurement center representatives
shall coordinate with the appropriate senior procurement
executive and the appropriate Director of the Office of Small
and Disadvantaged Business Utilization established pursuant
to section 15(k) for the agency letting the contract.''.
(2) STTR amendment.--Section 9(p)(2) of the Small Business
Act (15 U.S.C. 638(p)(2)) is amended--
(A) in subparagraph (E)(ii), by striking ``and'' at the
end;
(B) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(G) procedures to ensure that procurement center
representatives (as described in section 15(l))--
``(i) assist small business concerns participating in the
STTR program with researching applicable solicitations for
the award of a Federal contract (particularly with the
Federal agency that has a funding agreement with the
concern);
``(ii) provide technical assistance to such concerns to
submit a bid for an award of a Federal contract; and
``(iii) coordinate with the appropriate senior procurement
executive and the appropriate Director of the Office of Small
and Disadvantaged Business Utilization established pursuant
to section 15(k) for the Federal agency letting the contract
in providing the assistance described in clause (i).''.
(d) Amendment to Duties of Procurement Center
Representatives.--Section 15(l)(2) of the Small Business Act
(15 U.S.C. 644(l)(2)) is amended--
[[Page H5575]]
(1) in subparagraph (I), by striking ``and'' at the end;
(2) by redesignating subparagraph (J) as subparagraph (L);
and
(3) by inserting after subparagraph (I) the following new
subparagraphs:
``(J) assist small business concerns participating in a
SBIR or STTR program under section 9 with researching
applicable solicitations for the award of a Federal contract
to market the research developed by such concern under such
SBIR or STTR program;
``(K) provide technical assistance to small business
concerns participating in a SBIR or STTR program under
section 9 to submit a bid for an award of a Federal contract,
including coordination with the appropriate senior
procurement executive and the appropriate Director of the
Office of Small and Disadvantaged Business Utilization
established pursuant to subsection (k) for the agency letting
the contract; and''.
(e) Amendment to the Duties of the Director of Small and
Disadvantaged Business Utilization for Federal Agencies.--
Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) is
amended--
(1) in paragraph (19), by striking ``and'' at the end;
(2) in paragraph (20), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(21) shall assist small business concerns participating
in a SBIR or STTR program under section 9 with researching
applicable solicitations for the award of a Federal contract
(particularly with the Federal agency that has a funding
agreement, as defined under section 9, with the concern) to
market the research developed by such concern under such SBIR
or STTR program; and
``(22) shall provide technical assistance to small business
concerns participating in a SBIR or STTR program under
section 9 to submit a bid for an award of a Federal contract,
including coordination with procurement center
representatives and the appropriate senior procurement
executive for the agency letting the contract.''.
Amendment No. 142 Offered by Mr. Fitzpatrick of Pennsylvania
Page 175, after line 22, insert the following new section:
SEC. 359. COMPLETION OF DEPARTMENT OF DEFENSE DIRECTIVE
2310.07E REGARDING MISSING PERSONS.
(a) In General.--The Secretary of Defense shall make the
completion of Department of Defense Directive 2310.07E a top
priority in order to improve the efficiency of locating
missing persons.
(b) Definition.--In this section, the term ``missing
person'' has the meaning given such term in section 1513 of
title 10, United States Code.
Amendment No. 143 Offered by Mr. Fitzpatrick of Pennsylvania
Add at the end of subtitle H of title X the following new
section:
SEC. ___. REVIEW OF FOREIGN CURRENCY EXCHANGE RATES AND
ANALYSIS OF FOREIGN CURRENCY FLUCTUATIONS
APPROPRIATION.
With respect to a contract for goods and services paid for
with foreign currency, the Under Secretary of Defense
(Comptroller), in coordination with each Secretary of a
military department, shall conduct a review of the exchange
rate for such foreign currency used when making a
disbursement pursuant to such a contract to determine whether
cost-savings opportunities exist by more consistently
selecting cost-effective rates. Such review shall include an
analysis of realized and projected losses to determine the
necessary balance of the appropriation ``Foreign Currency
Fluctuations, Defense''. The Secretary of Defense may use the
results of such analysis to determine the amount of any
transfers to the appropriation ``Foreign Currency
Fluctuations, Defense''.
Amendment No. 144 Offered by Mr. Fitzpatrick of Pennsylvania
At the end of subtitle F of title V, add the following new
section:
SEC. 560B. 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.
Amendment No. 145 Offered by Mr. Fitzpatrick of Pennsylvania
At the end of subtitle B of title II, add the following new
section:
SEC. 2__. SENSE OF CONGRESS ON THE IMPORTANCE OF CONTINUED
COORDINATION OF STUDIES AND ANALYSIS RESEARCH
OF THE DEPARTMENT OF DEFENSE.
It is the sense of Congress that the Secretary of Defense
shall continue to work to create a Department of Defense-wide
process under which the heads of the military departments and
Defense Agencies responsible for managing requests for
studies and analysis research coordinate annual research
requests and ongoing research efforts to optimize both the
benefits to the Department and the efficiency of the
research.
amendment No. 146 Offered by Mr. Fitzpatrick of Pennsylvania
At the end of subtitle B of title II, add the following new
section:
SEC. 2__. GLOBAL POSITIONING SYSTEM MODERNIZATION.
(a) Designation of Responsible Entity.--As part of the
efforts the Department of Defense with respect to GPS
military code (commonly known as ``M-code'') receiver card
acquisition planning, the Secretary of Defense shall
designate an entity within the Department to have principal
responsibility for--
(1) systematically collecting integration test data,
lessons learned, and design solutions relating to M-code
receiver cards;
(2) making such data, lessons learned, and design solutions
available to all programs expected to integrate M-code
receiver cards.
(b) Additional Measures.--In carrying out subsection (a),
the Secretary of Defense shall--
(1) take such actions as are necessary to reduce
duplication and fragmentation in the implementation of M-code
receiver card modernization across the Department;
(2) clarify the role of the Chief Information Officer in
leading the M-code receiver card modernization effort; and
(3) ensure that the Department's Positioning, Navigation,
and Timing Enterprise Oversight Council will collect
integration test data, designs solutions, and lessons
learned, and confirm that such additional steps are taking
place.
The Acting CHAIR. Pursuant to House Resolution 476, the gentleman
from Washington (Mr. Smith) and the gentleman from Texas (Mr.
Thornberry) each will control 10 minutes.
The Chair recognizes the gentleman from Washington.
Mr. SMITH of Washington. Madam Chair, I am pleased to yield 2 minutes
to the gentleman from Texas (Mr. Cuellar).
Mr. CUELLAR. Madam Chair, I thank Chairman Smith and his staff for
working with our office, and also the ranking member and his staff for
working on making this a bipartisan amendment.
I would like to speak about an amendment that will do a Western
Hemisphere resource assessment.
This amendment will require the Office of the Secretary of Defense to
contract for an independent study on the sufficiency of U.S. resources
in the Western Hemisphere by the Department of Defense, the Department
of State, and the United States Agency for International Development.
The purpose is for Congress to receive an unbiased view of all U.S.
investments in the region.
With ever-increasing investment by China, Iran, and Russia in the
Latin American region, we must refocus our efforts with our southern
neighbors. Russia is flying nuclear-capable bombers out of Venezuela,
near our U.S. border. China intends on investing $250 billion in Latin
America by 2025. A new study also has shown that China has become more
popular than the United States in many of the Latin American countries.
The United States must remain vigilant in Latin America and help the
region from succumbing to Chinese, Russian, and Iranian influences.
Again, this Western Hemisphere resource assessment is the first step
in helping refocus U.S. efforts in the region, and I ask my colleagues
to support this amendment and the en bloc amendment.
Madam Chair, I thank Chairman Smith and his staff, and the ranking
member and his staff, for allowing this amendment to be part of the en
bloc, and I urge my colleagues to support this.
Mr. THORNBERRY. Madam Chair, I have no requests for time, and I yield
back the balance of my time.
Mr. SMITH of Washington. Madam Chair, I have no further requests for
time. I urge a ``yes'' vote on en bloc package No. 4, and I yield back
the balance of my time.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentleman from Washington (Mr. Smith).
The en bloc amendments were agreed to.
Mr. SMITH of Washington. Madam Chair, I move that the Committee do
now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Cuellar) having assumed the chair, Ms. Moore, Acting Chair of the
Committee of the Whole House on the state of the Union, reported that
that Committee, having had under consideration the bill (H.R. 2500) to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel
[[Page H5576]]
strengths for such fiscal year, and for other purposes, had come to no
resolution thereon.
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